Singapore legislation
Clause 2
Clause 2
Amendment of section 2
Section 2 of the Extradition Act 1968 (called in this Act the principal Act) is amended —
by deleting the definition of “declared Commonwealth country” in subsection (1) and substituting the following definitions:“ “authorised officer” means —
the Director, any Deputy Director, any Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973;
the Director, any deputy director, any assistant director or any special investigator, of the Corrupt Practices Investigation Bureau appointed under section 3(1) and (2) of the Prevention of Corruption Act 1960;
any Commercial Affairs Officer appointed under section 64(1) of the Police Force Act 2004;
the Controller of Immigration or any immigration officer appointed under section 3(1) of the Immigration Act 1959;
the Director‑General of Customs, any Deputy Director‑General of Customs or any Assistant Director‑General of Customs appointed under section 4(1) and (2), any senior officer of customs appointed under section 4(4), or any officer of customs appointed under section 5(2), of the Customs Act 1960;
any police officer; or
any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act;“Convention offence” means an offence specified in the Fourth Schedule by reference to a specified written law relating to a multilateral convention or treaty;“Convention State” means a state or territory that is a party to the multilateral convention or treaty defined in each written law specified in the Fourth Schedule;“declared Commonwealth territory” means a state or territory declared to be a Commonwealth territory under section 6;“excluded offence” means an offence described or specified in the First Schedule;”;
by deleting both definitions of “extradition crime” in subsection (1) and substituting the following definition:“ “extradition offence” means —
in relation to a request made by Singapore —
an offence (wherever committed) against the law in force in Singapore that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and
the offence is not an excluded offence;
in relation to a request made by a foreign State or a declared Commonwealth territory —
an offence against the law of, or of a part of, the foreign State or the declared Commonwealth territory that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and
the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore, constitute an offence against the law in force in Singapore that —
carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment; and
is not an excluded offence; or
any offence that is deemed to be an extradition offence under this Act or a written law relating to a multilateral convention or treaty specified in the Fourth Schedule;”;
by deleting the definition of “foreign State” in subsection (1) and substituting the following definition:“ “foreign State”, in relation to —
an extradition request made to Singapore, means —
any foreign State; or
any territory specified in the Third Schedule,between which and Singapore an extradition treaty is in force; and
an extradition request made by Singapore, means —
any foreign State; or
any territory specified in the Third Schedule;”;
by deleting the words “extradition crime” wherever they appear in the definition of “fugitive” in subsection (1) and substituting in each case the words “extradition offence”;
by deleting the word “country” wherever it appears in the definitions of “fugitive” and “overseas warrant” in subsection (1) and substituting in each case the word “territory”; (f)by inserting, immediately after the definition of “fugitive” in subsection (1), the following definition:“ “material” includes any book, document or other record in whatever form, and any container or article relating thereto;”;
by deleting the definition of “prison” in subsection (1) and substituting the following definitions:“ “prison” has the meaning given by section 2 of the Prisons Act 1933;“thing” includes material.”;
by deleting subsections (2) and (3) and substituting the following subsections:“(2) A reference in this Act to a fugitive from a foreign State or declared Commonwealth territory is a reference to a fugitive accused of an extradition offence that is alleged to have been committed, or convicted of an extradition offence that was committed, at a place in that State or territory or within the jurisdiction of, or of a part of, that State or territory.(3) To avoid doubt, an offence is not prevented from falling within the definition of “extradition offence” in subsection (1) merely because it is an offence of a purely fiscal character.”;
by inserting, immediately after the words “against the law of” in subsection (4), the words “, or of a part of,”;
by deleting the word “country” wherever it appears in subsection (4) and substituting in each case the word “territory”;
by deleting the words “shall, unless the contrary intention appears, each be deemed” in subsection (5) and substituting the words “are, unless the contrary intention appears, each deemed”;
by deleting the words “his absence shall be treated” in subsection (6) and substituting the words “his or her absence is to be treated”; and
by deleting subsections (7) and (8).