Clause 15

Where no extradition treaty is in force between Singapore and a Convention State that is not a declared Commonwealth territory, a notification under section 4 may be made applying this Act as if there were an extradition treaty between Singapore and that State.(2) Where this Act is applied under subsection (1), this Act has effect in relation to that Convention State as if the only extradition offences are the Convention offences of that State.(3) Subject to section 41, subsection (2) does not affect any other notification made under section 4.Effect of applying Act to Convention State41.—

Where a notification mentioned in section 40 is made, any limitation, condition, exception or qualification specified in —

any other notification made under section 4; or

in any Order in Council mentioned in section 3,in relation to that Convention State and to the extent that it prevents the Convention offence from being considered an extradition offence in relation to that Convention State, is to be disregarded in the application of this Act in relation to that Convention State.(2) In the application of this Act to a Convention State mentioned in section 40(1), a Convention offence —

is deemed to be an offence within the jurisdiction of that Convention State; and

is deemed not to be an offence of a political character where the written law corresponding to the Convention offence in the Fourth Schedule so provides.PART 8EVIDENTIAL PROVISIONSAdmissibility of statements in evidence

the statement is —

made by a person, being a witness or victim, to a police officer or another person charged with the duty of investigating offences or charging offenders (called in this section an enforcement officer); and

accompanied by an affidavit of a police officer or an enforcement officer verifying the statement; or

the statement is a summary by a police officer or an enforcement officer of a statement or statements given by a person, being a witness or victim.Overseas documents admissible in evidence if duly authenticated43.—

Despite anything to the contrary in the Evidence Act 1893, in any proceedings under this Act —

a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a foreign State or declared Commonwealth territory is admissible as evidence of the matters stated in the testimony;

a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory is admissible in evidence;

a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory is admissible as evidence of the fact and date of the conviction; and

a document, duly authenticated, that purports to be an overseas warrant or a foreign warrant is admissible in evidence.(2) A document is deemed to be duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if —

in the case of a document that purports to set out testimony given on oath, declared or affirmed by a person in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to be the original document containing or recording that testimony or a true copy of that original document;

in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to have been, or to be a true copy of a document that has been, so received in evidence;

in the case of a document that certifies that a person has been convicted in a foreign State or declared Commonwealth territory of an offence — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory; or

in the case of a document that purports to be an overseas warrant or a foreign warrant — the document purports to be signed by a Judge, Magistrate or officer in or of the State or territory in which the document was issued,and the certification or signature of the Judge, Magistrate or officer purports to be authenticated by the oath, declaration or affirmation of a witness, or the document purports to be sealed with the official seal of a Minister in or of that State or territory.Record of case44.—

For the purpose of the determination of a prima facie case under section 16(8)(b)(i) —

a record of the case, whether or not its contents are admissible evidence under the law of the foreign State or declared Commonwealth territory that made the request for the surrender of the person; or

any other admissible evidence under the law of that foreign State or declared Commonwealth territory,may be submitted by or on behalf of a foreign State or declared Commonwealth territory making the request, if there is in force —

an extradition treaty between Singapore and the foreign State governing the use of a record of the case in proceedings under section 16(8); or

an agreement or arrangement between Singapore and the declared Commonwealth territory providing for an alternative evidential mechanism in place of the requirement under section 16(8)(b)(i).(2) A record of the case mentioned in subsection (1) —

must contain a summary of the evidence acquired to support the request for the surrender of the person; and

may contain any other relevant documents, including photographs or copies of documents, and documents related to the identification of the person.(3) A record of the case mentioned in subsection (1) is admissible as evidence if it is accompanied by a certificate by a judicial or prosecuting authority of the foreign State or declared Commonwealth territory stating that the evidence summarised or contained in the record of the case —

is available to be produced at the person’s trial; and (b)is sufficient, under the law of the foreign State or declared Commonwealth territory, to justify prosecution of the person.(4) Where a record of the case mentioned in subsection (1) is admissible in evidence under subsection (3), the court may in its discretion determine the weight to be given to the evidence adduced under the record of the case.Application of sections 238A and 281 of the Criminal Procedure Code 2010 to court proceedings45.—

Sections 238A and 281 (except subsection (2)) of the Criminal Procedure Code 2010 apply to any matter or court proceeding under this Act with the necessary modifications as if the matter or court proceeding were the matter or court proceeding mentioned in those provisions, and a reference in those provisions —

to an accused is a reference to the fugitive;

to remand includes a reference to custody;

to extension of the remand of the accused under section 238 of the Criminal Procedure Code 2010 is a reference to extension of the remand of the fugitive;

to proceedings for a State Court to record a plea of guilty from the accused is a reference to proceedings where the fugitive —

consents to his or her surrender; or

informs the Magistrate that he or she wishes to waive his or her right to apply for a review of an order of committal; and

to a place within a court, a prison, an approved centre or an approved institution in Singapore includes any other place where the fugitive may be confined.(2) If there is any inconsistency between the provisions of the Criminal Procedure Code 2010 mentioned in subsection (1) and any provision of this Act, the provision of this Act prevails.Other modes of proving evidence not affected

Without limiting any power or jurisdiction conferred upon a District Judge by the Criminal Procedure Code 2010, a District Judge has in the exercise of his or her jurisdiction all the powers that are conferred upon and exercised by a Magistrate under this Act.(2) Every District Judge and Magistrate has the jurisdiction to hear a case and power to commit a fugitive to custody or prison to await the fugitive’s return under this Act.Simultaneous requests49.—

If more than one foreign State or declared Commonwealth territory (as the case may be) makes a request for the surrender of a fugitive, the Minister may, having regard to the circumstances of the case, surrender the fugitive to any State or territory that the Minister thinks fit.(2) The Minister in determining to which State or territory the fugitive should be returned must consider all the circumstances of the case and in particular —

the relative seriousness of the offences;

the relative dates on which the requests were made; and

the citizenship or other national status of the fugitive and the fugitive’s ordinary residence.Delegation

The Minister may —

from time to time, by order amend the First, Second and Fourth Schedules; and

by order amend the Third Schedule when an extradition treaty between any territory and Singapore has come into force or has ceased to be in force, as the case may be.(2) The Minister may, in any order made under subsection (1), make any saving or transitional provision as may be necessary or expedient.Power to make rules52.—

The Minister may make rules to carry out the purposes of this Act.(2) In particular, and without limiting subsection (1), those rules may provide for all or any of the following matters:

the removal of fugitives accused or in custody or in prison under this Act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them;

the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies;

the form and manner in which or the channel through which a Magistrate may be required to make his or her report to the Minister under this Act;

any other matter which has to be, or may be, prescribed.”.