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In forceAmended2020 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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Amended

Last amended by an amending law of 2022.

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 —

(a)

the judgment against the fugitive in the declared Commonwealth territory was rendered against him or her in his or her absence, unless —

(i)

the person had deliberately absented himself or herself from his or her trial in the declared Commonwealth territory; or

(ii)

the person would, if surrendered, be entitled to a retrial in his or her presence, during which he or she would have —

(A)

the right to defend himself or herself, whether in person or through legal counsel; and

(B)

the right to examine witnesses and to call and examine witnesses in his or her defence;

(b)

the offence for which extradition of the fugitive is requested —

(i)

was committed outside Singapore and the declared Commonwealth territory; and

(ii)

is not an extra-territorial offence under the law of, or of a part of, the declared Commonwealth territory; or

(c)

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.

Report

Part 6

Extradition to and from Malaysia

Part 7

Convention Offences

Part 8

Evidential Provisions

Part 9

Miscellaneous

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