Extradition Act 1968 · 2020 Revised Edition · Part 5 · Additional Provisions in Relation to Declared Commonwealth Territories
29. Additional restrictions on power of Minister to authorise apprehension, or order surrender, of fugitive
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The Minister may decline to give a notice under section 11(1), or issue a warrant under section 19(2) or (8), in respect of a fugitive from a declared Commonwealth territory, if the Minister is of the opinion that —
fugitive
“fugitive” means a person who is accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed at a place within the jurisdiction of a foreign State or a declared Commonwealth country or of a part of such State or country and is, or is suspected to be, in Singapore;
the judgment against the fugitive in the declared Commonwealth territory was rendered against him or her in his or her absence, unless —
the person had deliberately absented himself or herself from his or her trial in the declared Commonwealth territory; or
the person would, if surrendered, be entitled to a retrial in his or her presence, during which he or she would have —
the right to defend himself or herself, whether in person or through legal counsel; and
the right to examine witnesses and to call and examine witnesses in his or her defence;
the offence for which extradition of the fugitive is requested —
was committed outside Singapore and the declared Commonwealth territory; and
is not an extra-territorial offence under the law of, or of a part of, the declared Commonwealth territory; or
the fugitive has, under the law of Singapore or the law of, or of a part of, the declared Commonwealth territory, become immune from prosecution or punishment because of any reason, including lapse of time or amnesty.