What is Extradition Bill?

Extradition Bill is Singapore Bill, cited as Bill 16 1968, currently marked in force and first recorded in 1968.

Is Extradition Bill still in force?

Yes — Extradition Bill is currently in force.

When did Extradition Bill take effect?

Extradition Bill was first recorded in 1968.

How many clauses does Extradition Bill have?

Extradition Bill contains 46 clauses.

Where can I read the official version of Extradition Bill?

The official text of Extradition Bill is published at sso.agc.gov.sg.

Extradition Bill (1968, No. 16)

Clause 1

Short title and commencement

This Act may be cited as the Extradition Act, 1968, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.(2) Different dates may be appointed under this section for different provisions of this Act, and different dates may be so appointed for any such provision or provisions in relation to different countries or States.

(1)

This Act may be cited as the Extradition Act, 1968, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2)

Different dates may be appointed under this section for different provisions of this Act, and different dates may be so appointed for any such provision or provisions in relation to different countries or States.

Clause 2

Interpretation

(1)

In this Act, unless the context otherwise requires —

Definition

“declared Commonwealth country” means a country declared to be a Commonwealth country in relation to which Part IV of this Act applies;

Definition

“extradition crime”, in relation to a declared Commonwealth country, means an offence against the law of, or of a part of, a declared Commonwealth country —

(a)

the maximum penalty for which is death or imprisonment for not less than twelve months; and

(b)

the act or omission constituting which would, if it took place in or within the jurisdiction of Singapore, constitute an offence against the law in force in Singapore that —

(i)

is described in the First Schedule to this Act; or

(ii)

would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence;

Definition

“extradition crime”, in relation to a foreign State, means an offence against the law of, or of a part of, a foreign State the act or omission constituting which would, if it took place in or within the jurisdiction of Singapore, constitute an offence against the law in force in Singapore that —

(a)

is described in the First Schedule to this Act; or

(b)

would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence;

Definition

“extradition treaty” means a treaty or agreement made by Singapore with a foreign State relating to the extradition of fugitives, and includes any treaty or agreement relating to the extradition of fugitives made before the 9th day of August, 1965, which extends to, and is binding on, Singapore;

Definition

“foreign State” means a foreign State between which and Singapore an extradition treaty is in force;

Definition

“foreign warrant” means a judicial or other document issued under the law of, or of a part of, a foreign State and authorising the apprehension of a person;

Definition

“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 declared Commonwealth country or a foreign State or of a part of such country or State and is, or is suspected to be, in Singapore;

Definition

“overseas warrant” means a judicial or other document issued under the law of, or of a part of, a declared Commonwealth country and authorising the apprehension of a person;

Definition

“prescribed” means prescribed by rules made under this Act;

Definition

“prison” includes a gaol, lock-up or other place of detention.

(2)

A reference in this Act to a fugitive from a foreign State or declared Commonwealth country shall be read as a reference to a fugitive, accused of an extradition crime that is alleged to have been committed, or convicted of an extradition crime that was committed, at a place in that foreign State or declared Commonwealth country or within the jurisdiction of, or of a part of, that State or country.

(3)

For the purposes of this Act, a person shall be deemed not to have been convicted of an offence against the law of, or of a part of, a foreign State or declared Commonwealth country where the conviction is, under that law, a conviction for contumacy, but a person so convicted for contumacy shall be deemed to be accused of an offence against that law.

(4)

For the purposes of this Act, an offence against the law of a foreign State or declared Commonwealth country may be regarded as being an offence of a political character notwithstanding that there are not competing political parties in that State or country.

(5)

For the purposes of this Act —

(a)

a colony, territory or protectorate of a foreign State or of a country other than Singapore;

(b)

a territory for the international relations of which a foreign State or of a country other than Singapore is responsible; and

(c)

a ship or aircraft of, or registered in, a foreign State or of a country other than Singapore,shall, unless the contrary intention appears, each be deemed to be within the jurisdiction, and to be part, of that foreign State or of that country.

(6)

For the purposes of this Act, a person convicted of an offence in his absence shall be treated as a person accused of that offence.

Clause 32

Application to Malaysia and definition

(1)

This Part applies in relation to Malaysia.

(2)

In this Part “offence” means a seizable offence or an offence punishable on conviction with imprisonment for six months or more under the laws of Malaysia.

Clause 33

Indorsement of warrants

(1)

Where a court, a Judge, a Magistrate or an officer of a court in Malaysia has issued a warrant for the apprehension of a person accused or convicted of an offence against the law of Malaysia and the person is, or is suspected of being, in or on his way to Singapore, a Magistrate may, if the warrant is duly authenticated, make an indorsement on the warrant in accordance with Form 7 in the Second Schedule to this Act authorising the execution of the warrant in Singapore.

(2)

A warrant so indorsed shall be sufficient authority to the person bringing the warrant, to all other persons to whom the warrant is directed and to all police officers in Singapore to execute the warrant in Singapore in accordance with this Part.

Clause 34

Issue of warrants

A Magistrate may, if a warrant referred to in section 33 of this Act authorising the apprehension of a person is not produced to him or he requires further information or proof before indorsing such a warrant, issue a warrant in accordance with Form 8 in the Second Schedule to this Act for the apprehension of the person upon such information and under such circumstances as, in his opinion, justify the issue of the warrant.

Clause 35

Proceedings after apprehension of person

(1)

A person who is apprehended under a warrant referred to in section 33 of this Act or under a warrant issued in pursuance of section 34 of this Act shall be brought as soon as practicable before a Magistrate.

(2)

A Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding seven days at any one time and, where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before that Magistrate or before any other Magistrate.

(3)

In the application of subsections (4) to (9) of this section in relation to a person who has been apprehended under a warrant referred to in section 33 of this Act or under a warrant issued in pursuance of section 34 of this Act, the expression “Magistrate” means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.

(4)

Where the person was apprehended under a warrant issued in pursuance of section 34 of this Act and the warrant referred to in section 33 of this Act authorising the apprehension of the person has not been indorsed, the Magistrate may, and shall if a reasonable time has elapsed for the indorsement of the warrant —

(a)

if the person apprehended is held in custody, order that he be released; or

(b)

if he has been admitted to bail, make an order discharging the recognizances upon which he was admitted to bail.

(5)

Where —

(a)

the person was apprehended under a warrant referred to in section 33 of this Act; or

(b)

the person was apprehended under a warrant issued in pursuance of section 34 of this Act and the warrant referred to in section 33 of this Act authorising the apprehension of the person has been indorsed,the Magistrate shall, subject to section 36 of this Act, by warrant in accordance with Form 9 in the Second Schedule to this Act, order the person to be surrendered to Malaysia and, for that purpose, to be delivered into the custody of the person bringing that warrant or of any other person to whom that warrant was directed.

(6)

Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to surrender him to the country referred to in subsection (5) of this section, he may, in lieu of ordering that he be surrendered to Malaysia, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be surrendered to Malaysia and, in such a case, the warrant shall be in accordance with Form 9 in the Second Schedule to this Act with such variations as are necessary to meet the circumstances of the case.

(7)

A warrant issued in pursuance of subsection (5) or (6) of this section may be executed according to its tenor.

(8)

If the person so ordered to be surrendered escapes from the custody of the person executing the warrant, he may be retaken in the same manner as a person accused of an offence against the law in force in Singapore and may be retaken upon an escape from lawful custody.

(9)

Any property in the possession of the person so ordered to be surrendered at the time of his apprehension that may be material as evidence in proving the offence for which he is being surrendered shall, if the Magistrate so directs, be delivered up with the person on his surrender.

Clause 36

Restriction on power of Magistrate to order surrender of person

If a Magistrate before whom a person is brought under this Part, is satisfied that, by reason of —

(a)

the trivial nature of the offence that the person is alleged to have committed or has committed;

(b)

the accusation against the person not having been made in good faith or in the interests of justice; or

(c)

the passage of time since the offence is alleged to have been committed or was committed,and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the person to Malaysia, or to surrender him before the expiration of a particular period, the Magistrate may —

(i)

order that the person be released;

(ii)

order that the person be surrendered after the expiration of a period specified in the order and order his release on bail until the expiration of that period; or

(iii)

make such other order as he thinks just.

Clause 37

Review of order of Magistrate

(1)

Where —

(a)

a person apprehended is dissatisfied with an order made under subsection (5) or (6) of section 35 or under section 36 of this Act; or

(b)

a Magistrate has made, under subsection (6) of section 35 or under section 36 of this Act, an order for the release of an apprehended person, or an order for the surrender or admittance to bail of such a person under the terms of which the person is not, or may not be, required to be surrendered to Malaysia within three months after the date of the order,the apprehended person or the person bringing the warrant, as the case requires, may apply to the High Court for a review of the order, and the Court may review the order.

(2)

The court to which an application is made for the review of an order may —

(a)

order the release on bail of the apprehended person on such terms and conditions as the court thinks fit; or

(b)

direct that the apprehended person be kept in such custody as the court directs until the order has been reviewed.

(3)

The review of the order shall be by way of rehearing, and evidence in addition to, or in substitution for, the evidence given on the making of the order may be given on or in connection with the review.

(4)

For the purposes of a review under this section, a copy of a public document or of a document filed in a department or office of the Government, certified to be a true copy of the document by the person purporting by the certificate to have charge of the document, is admissible as evidence of the facts stated in the copy.

(5)

Upon the review of an order, the court may confirm or vary the order, or quash the order and substitute a new order in its stead.

(6)

The order as confirmed or varied, or the substituted order, shall be executed according to its tenor as if it had been made by the Magistrate.

Clause 38

Discharge of person who is not conveyed out of Singapore within one month

Where a person who, in pursuance of this Part, has been ordered to be surrendered to Malaysia is in custody in Singapore at the expiration of one month after —

(a)

the date of the order; or

(b)

if the order was made by a Magistrate and an application for a review of the order has been made, the date of the decision of the court on the review or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,whichever is the later, the High Court, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the person holding him in custody, shall, unless reasonable cause is shown for the delay, order that the person so held in custody be released.

Clause 39

Persons from Malaysia. surrendered

Where a person accused or convicted of an offence (wherever committed) against the law in force in Singapore is surrendered by Malaysia the person may be delivered to the proper authorities to be dealt with according to law.

Clause 3

Application of Part in relation to foreign States to which Extradition Acts, 1870 to 1935, applied

(1)

Where, immediately before the date of the coming into operation of this Act —

(a)

under an Order in Council in force under the Imperial Acts known as the Extradition Acts, 1870 to 1935, those Acts applied in the case of a foreign State specified in the Order; and

(b)

those Acts, as they so applied, extended to Singapore,this Part applies in relation to that State.

(2)

If the operation of the Order was subject to any limitations, conditions, exceptions or qualifications, then, subject to this section and sections 4 and 5 of this Act, this Part applies in relation to that State subject to those limitations, conditions, exceptions or qualifications.

(3)

The Minister may by notification in the Gazette direct that this Part ceases to apply in relation to a foreign State specified in the notification, being a foreign State in relation to which this Act applied by virtue of subsection (1) of this section, and, upon the coming into operation of a notification that so provides, this Part ceases to apply in relation to that State.

(4)

The coming into operation of a notification made for the purposes of subsection (3) of this section in relation to a foreign State does not prevent this Part from again applying in relation to that State by virtue of a notification made for the purposes of section 4 of this Act.

Clause 4

Part may be applied in relation to foreign States by Gazette notification

(1)

Where, after the coming into operation of this Act, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between Singapore and a foreign State —

(a)

if this Part applies in relation to the foreign State at the time of coming into force of that treaty — the Minister may by notification in the Gazette direct that this Part applies in relation to that State after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the notification; or

(b)

if this Part does not apply in relation to the foreign State at the time of coming into force of that treaty — the Minister may by notification in the Gazette direct that this Part applies in relation to that State after that time and may also provide that it so applies subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the notification.

(2)

The limitations, conditions, exceptions or qualifications referred to in subsection (1) of this section may, in relation to a foreign State, be expressed in the form that this Part applies in relation to that State subject to the extradition treaty referred to in that subsection.

Clause 5

Effect of applying Part in relation to foreign States by Gazette notification

(1)

Subject to subsection (2) of this section where the notification for the time being in force provides that this Part applies in relation to a foreign State, this Part applies in relation to that State.

(2)

Where the notification for the time being in force provides that this Part applies in relation to a foreign State subject to any limitations, conditions, exceptions or qualifications, this Part applies in relation to that State subject to those limitations, conditions, exceptions or qualifications.

Clause 6

Liability of fugitive to be surrendered

Where this Part applies in relation to a foreign State, every fugitive from that State shall be liable, subject to this Part and to any limitations, conditions, exceptions or qualifications to which the application of this Part in relation to that State is subject, to be apprehended and surrendered to that State as provided by this Part and shall be so liable whether the offence to which the requisition for the surrender of the fugitive relates is alleged to have been committed, or was committed, before or after the date of the coming into operation of this Part or before or after the date when this Part commenced to apply in relation to that State.

Clause 7

Restrictions on surrender of persons to foreign States

(1)

A person shall not be liable to be surrendered to a foreign State if the offence to which the requisition for his surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.

(2)

A person shall not be liable to be surrendered to a foreign State unless provision is made by a law of that State, or by an extradition treaty in force between Singapore and that State, by virtue of which the person shall not, unless he has been returned, or has had an opportunity of returning, to Singapore —

(a)

be detained or tried in that foreign State for any offence that is alleged to have been committed, or was committed, before his surrender other than the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or

(b)

be detained in that foreign State for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to that foreign State other than an offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) of this subsection was based.

(3)

A person who is held in custody, or has been admitted to bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore, or is undergoing a sentence for a conviction in Singapore, shall not be liable to be surrendered to a foreign State until he has been discharged from custody, or the recognizances upon which he was admitted to bail have been discharged, as the case may be, whether as a result of his acquittal, on the expiration of his sentence or otherwise.

(4)

A person shall not be liable to be surrendered to a foreign State in respect of an offence if he has been acquitted or pardoned by a competent tribunal or authority in any country, or has undergone the punishment provided by the law of, or of a part of, any country, in respect of that offence or of another offence constituted by the same act or omission as that offence.

Clause 8

Restriction on power of Minister to authorise the apprehension, or order the surrender, of a fugitive

The Minister shall not give a notice under subsection (1) of section 9 of this Act, or issue a warrant under subsection (2) of section 12 of this Act, in respect of a fugitive from a foreign State, if the Minister has substantial grounds for believing that —

(a)

the requisition for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he would be liable to be surrendered to that State, was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or

(b)

if the fugitive is surrendered to that State, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.

Clause 9

Notice by Minister

(1)

Subject to subsection (2) of this section, where a requisition for the surrender of a fugitive who is, or is suspected of being, in Singapore is made to the Minister by a foreign State, the Minister may, in his discretion —

(a)

if a warrant for the apprehension of the fugitive has not been issued under section 10 of this Act, by notice in writing in accordance with Form 1 in the Second Schedule to this Act and directed to a Magistrate, inform the Magistrate that the requisition has been made and authorise him to issue a warrant for the apprehension of the fugitive; or

(b)

if a warrant for the apprehension of the fugitive has been issued under section 10 of this Act and a person has been apprehended under the warrant, by notice in writing in accordance with Form 2 in the Second Schedule to this Act and directed to a Magistrate before whom the person may be brought, inform the Magistrate that the requisition has been made.

(2)

If the Minister is of the opinion that the fugitive is not liable to be surrendered to the foreign State, he shall not give a notice under subsection (1) of this section in respect of the fugitive.

Clause 10

Issue of warrants

(1)

Where —

(a)

a Magistrate is authorised by the Minister by a notice under paragraph (a) of subsection (1) of section 9 of this Act to issue a warrant for the apprehension of a fugitive; or

(b)

an application is made as prescribed to a Magistrate for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in Singapore,and there is produced to the Magistrate such evidence as would, in his opinion, according to the law in force in Singapore, justify —

(i)

the apprehension of the fugitive by a member of the police force of Singapore without the issue of a warrant; or

(ii)

the issue of a warrant for the apprehension of the fugitive,if the act or omission constituting the extradition crime had taken place in, or within the jurisdiction of Singapore, the Magistrate shall issue a warrant for the apprehension of the fugitive in accordance with Form 3 or 4 as the case may be in the Second Schedule to this Act.

(2)

Where a Magistrate issues a warrant under this section without having been authorised by the Minister by a notice under paragraph (a) of subsection (1) of section 9 of this Act to issue the warrant, the Magistrate shall forthwith send to the Minister a report stating that he has issued the warrant and the evidence produced to him on the application for the warrant.

(3)

It shall be a sufficient compliance with subsection (2) of this section in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if —

(a)

where the testimony was given in writing, the Magistrate sends to the Minister a copy of that writing certified by him to be a true copy; or

(b)

where the testimony was given orally —

(i)

if the testimony has been reduced to writing, the Magistrate sends to the Minister that writing certified by him to be a true record of the testimony; or

(ii)

if the testimony has not been reduced to writing, the Magistrate sends to the Minister the notes made by the Magistrate in respect of the testimony and certified by him to be a true summary of the testimony.

(4)

Where the Minister —

(a)

receives a report of the issue of a warrant and the evidence as provided by subsections (2) and (3) of this section; or

(b)

otherwise becomes aware of the issue of such a warrant,he may, if he thinks fit, by order in writing, direct that the warrant be cancelled.

(5)

Where a person has been apprehended under a warrant that is so directed to be cancelled —

(a)

if the person is held in custody, the person holding him in custody shall, upon receipt of the order, cause him to be released; or

(b)

if he has been admitted to bail, the recognizances upon which he was admitted to bail are, by force of this subsection, discharged.

Clause 11

Proceedings after apprehension of person

(1)

A person who is apprehended under a warrant issued in pursuance of section 10 of this Act, shall, unless he is sooner released, be brought as soon as practicable before a Magistrate.

(2)

The Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding seven days at any one time and, where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before that Magistrate or before any other Magistrate.

(3)

In the application of subsections (4) to (8) of this section in relation to a person who has been apprehended under a warrant issued in pursuance of section 10 of this Act, the expression “Magistrate” means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.

(4)

If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under paragraph (a) of subsection (1) of section 9 of this Act, the Magistrate shall remand the person in accordance with subsection (2) of this section until the Magistrate receives a notice under paragraph (b) of subsection (1) of section 9 of this Act from the Minister informing the Magistrate that a requisition for the surrender of the person has been made to the Minister by a foreign State.

(5)

Where the Magistrate does not receive such a notice within such time as is reasonable having regard to all the circumstances, the Magistrate shall —

(a)

if the person apprehended is held in custody, order that he be released; or

(b)

if he has been admitted to bail, make an order discharging the recognizances upon which he was admitted to bail.

(6)

If the person was apprehended under a warrant issued in pursuance of an authority by the Minister in a notice under paragraph (a) of subsection (1) of section 9 of this Act or the Magistrate receives a notice from the Minister under paragraph (b) of that subsection and —

(a)

there is produced to the Magistrate a duly authenticated foreign warrant in respect of the person issued in the foreign State that made the requisition for the surrender of the person;

(b)

there is produced to the Magistrate —

(i)

in the case of a person who is accused of an extradition crime, such evidence as would, in the opinion of the Magistrate, according to the law in force in Singapore, justify the committal for trial of the person if the act or omission constituting that crime had taken place in, or within the jurisdiction of Singapore; or

(ii)

in the case of a person who is alleged to have been convicted of an extradition crime, sufficient evidence to satisfy the Magistrate that the person has been convicted of that crime; and

(c)

the Magistrate is satisfied, after hearing any evidence tendered by the person, that the person is liable to be surrendered to the foreign State that made the requisition for the surrender,the Magistrate shall, by warrant in accordance with Form 5 in the Second Schedule to this Act, commit the person to prison to await the warrant of the Minister for his surrender but otherwise shall order that the person be released.

(7)

Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him to prison, he may, in lieu of committing him to prison, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or he is surrendered and, in such a case, the warrant shall be in accordance with Form 5 in the Second Schedule to this Act with such variations as are necessary to meet the circumstances of the case.

(8)

Where, in pursuance of this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody, he shall forthwith send to the Minister a certificate to that effect and such report, if any, relating to the proceedings as he thinks fit.

Clause 12

Surrender of fugitive to foreign State

(1)

When, in pursuance of this Part, a Magistrate commits a person (in this section referred to as “the prisoner”) to prison, or otherwise orders that he be held in custody, to await the warrant of the Minister for his surrender to a foreign State, the Magistrate shall inform the prisoner that he will not be surrendered until after the expiration of the period of fifteen days from the date of the committal or order and that, if he asserts that his detention is unlawful, he may apply to a court of competent jurisdiction for a writ of habeas corpus.

(2)

After —

(a)

the expiration of the period referred to in subsection (1) of this section; or

(b)

if, within that period, an application for a writ of habeas corpus is made by the prisoner and the court to which the application is made or, where an appeal is brought from the decision of that court to another court, the other court does not order that the prisoner be released, the expiration of the period of fifteen days from the date of the decision of the first-mentioned court or the appellate court, as the case may be,whichever is the later, the Minister may, in his discretion, if he is satisfied that the prisoner is liable to be surrendered to the foreign State, by warrant in accordance with Form 6 in the Second Schedule to this Act or, where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with such variations as are necessary to meet the circumstances of the case, order that the prisoner be delivered into the custody of a person specified in the warrant and be conveyed by that person to a place in the foreign State or within the jurisdiction of, or of a part of, the foreign State and there surrendered to some person appointed by the foreign State to receive him.

(3)

A warrant issued in pursuance of subsection (2) of this section may be executed according to its tenor.

(4)

If the prisoner escapes from the custody of the person executing the warrant, he may be retaken in the same manner as a person accused of an offence against the law in force in Singapore may be taken upon an escape from lawful custody.

(5)

Any property in the possession of the prisoner at the time of his apprehension that may be material as evidence in proving the offence to which the requisition for his surrender relates shall, if the Minister so directs, be delivered up with the prisoner on his surrender.

Clause 13

Discharge of fugitive who is not conveyed out of Singapore within two months

Where a person who, in pursuance of this Part, has been committed to prison, or otherwise ordered to be held in custody, is in custody in Singapore at the expiration of two months after —

(a)

the date of the committal or order; or

(b)

if an application for a writ of habeas corpus has been made by the person, the date of the decision of the court to which the application was made or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,whichever is the later, the High Court, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the Minister, shall, unless reasonable cause is shown for the delay, order that the person be released.

Clause 14

Interpretation

In this Part, “extraditable crime” means an offence (wherever committed) against the law in force in Singapore, being an offence that —

(a)

is described in the First Schedule to this Act; or

(b)

would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.

Clause 15

Requisition to foreign State for surrender of persons to be made by Minister

Where a person accused or convicted of an extraditable crime is, or is suspected of being, in a foreign State or within the jurisdiction of, or of a part of, a foreign State, the Minister may make a requisition to that State for the surrender of the person.

Clause 16

Person surrendered may be brought into Singapore

Where a person accused or convicted of an extraditable crime is surrendered by a foreign State, the person may be brought into Singapore and delivered to the proper authorities to be dealt with according to law.

Clause 17

Person surrendered by foreign State in respect of an offence not to be prosecuted or detained for other offences

Where a person accused or convicted of an extraditable crime is surrendered by a foreign State, the person shall not, unless he has been returned, or has had an opportunity of returning, to that foreign State —

(a)

be detained or tried in Singapore for any offence that is alleged to have been committed, or was committed, before his surrender other than the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or

(b)

be detained in Singapore for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to Singapore other than an offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) of this section was based.

Clause 18

Application of Part in relation to Commonwealth countries

(1)

The Minister may declare a country to be a Commonwealth country in relation to which this Part applies and, subject to subsection (2) of this section where there is such a declaration for the time being in force, this Part shall apply in relation to that country.

(2)

The Minister may provide that this Part shall apply in relation to a declared Commonwealth country subject to such limitations, conditions, exceptions or qualifications as are prescribed and, where the declaration for the time being in force so provides, this Part shall apply in relation to that country subject to those limitations, conditions, exceptions or qualifications.

Clause 19

Liability of fugitive to be surrendered

Every fugitive from a declared Commonwealth country shall be liable, subject to this Part and to any limitations, conditions, exceptions or qualifications to which the application of this Part in relation to that country is subject, to be apprehended and surrendered to that country as provided by this Part and shall be so liable whether the offence to which the requisition for the surrender of the fugitive relates is alleged to have been committed, or was committed, before or after the date of the coming into operation of this Act or before or after the time when that country became a declared Commonwealth country.

Clause 20

Restrictions on surrender of persons to Commonwealth countries

(1)

A person shall not be liable to be surrendered to a declared Commonwealth country if the offence to which the requisition for his surrender relates is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.

(2)

A person who is held in custody, or has been admitted to bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore, or is undergoing a sentence of imprisonment for a conviction in Singapore, shall not be liable to be surrendered to a declared Commonwealth country until he has been discharged from custody, or the recognizances upon which he was admitted to bail have been discharged, as the case may be, whether as a result of his acquittal, on the expiration of his sentence or otherwise.

(3)

A person shall not be liable to be surrendered to a declared Commonwealth country in respect of an offence if he has been acquitted or pardoned by a competent tribunal or authority in any country, or has undergone the punishment provided by the law of, or of a part of, any country, in respect of that offence or of another offence constituted by the same act or omission as that offence.

Clause 21

Restrictions on power of Minister to authorise the apprehension, or order the surrender, of a fugitive

(1)

The Minister shall not give a notice under subsection (1) of section 22 of this Act, or issue a warrant under subsection (2) of section 26 of this Act, in respect of a fugitive from a declared Commonwealth country if the Minister has substantial grounds for believing that —

(a)

the requisition for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he would be liable to be surrendered to that country, was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or

(b)

if the fugitive is surrendered to that country, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.

(2)

If the Minister is satisfied that, by reason of —

(a)

the trivial nature of the offence that a fugitive is alleged to have committed or has committed;

(b)

the accusation against a fugitive not having been made in good faith or in the interests of justice; or

(c)

the passage of time since the offence is alleged to have been committed or was committed,and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the fugitive, or to surrender him before the expiration of a particular period, the Minister shall not issue a warrant under subsection (2) of section 26 of this Act in respect of the fugitive, or shall not issue such a warrant before the expiration of that period, as the case may be.

(3)

The Minister shall not issue a warrant under subsection (2) of section 26 of this Act in respect of a fugitive from a declared Commonwealth country unless provision is made by the law of that country, or that country has entered into an agreement with, or given an undertaking to, Singapore, by virtue of which the fugitive will not, unless he has been returned, or has had an opportunity of returning, to Singapore —

(a)

be detained or tried in that country for any offence that is alleged to have been committed, or was committed, before his surrender other than —

(i)

the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or

(ii)

any other extradition crime in respect of which the Minister consents to his being so detained or tried, as the case may be; or

(b)

be detained in that country for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to the first-mentioned country other than —

(i)

an offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) of this subsection was based; or

(ii)

any other offence in respect of which the Minister could issue a warrant under this Part for his surrender to that other country and in respect of which the Minister consents to his being so detained.

Clause 22

Notices by Minister

(1)

Subject to subsection (2) of this section, where a requisition for the surrender of a fugitive who is, or is suspected of being, in or on his way to Singapore is made to the Minister by a declared Commonwealth country, the Minister shall —

(a)

if a warrant for the apprehension of the fugitive has not been issued under section 23 of this Act — by notice in writing in accordance with Form 1 in the Second Schedule to this Act and directed to a Magistrate, inform the Magistrate that the requisition has been made and authorise him to issue a warrant for the apprehension of the fugitive; or

(b)

if a warrant for the apprehension of the fugitive has been issued under section 23 of this Act and a person has been apprehended under the warrant — by notice in writing in accordance with Form 2 in the Second Schedule to this Act and directed to a Magistrate before whom the person may be brought, inform the Magistrate that the requisition has been made.

(2)

If the Minister is of the opinion that the fugitive is not liable to be surrendered to the country, he shall not give a notice under subsection (1) of this section in respect of the fugitive.

Clause 23

Issue of warrants

(1)

Where —

(a)

a Magistrate is authorised by the Minister by a notice under paragraph (a) of subsection (1) of section 22 of this Act to issue a warrant for the apprehension of a fugitive; or

(b)

an application is made as prescribed to a Magistrate for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in or on his way to Singapore,and there is produced to the Magistrate such evidence as would, in his opinion, according to the law in force in Singapore, justify —

(i)

the apprehension of the fugitive by a member of the Singapore Police Force without the issue of a warrant; or

(ii)

the issue of a warrant for the apprehension of the fugitive,if the act or omission constituting the extradition crime had taken place in, or within the jurisdiction of Singapore, the Magistrate shall issue a warrant for the apprehension of the fugitive in accordance with Form 3 or 4 as the case may be in the Second Schedule to this Act.

(2)

Where a Magistrate issues a warrant under this section without having been authorised by the Minister by a notice under paragraph (a) of subsection (1) of section 22 of this Act to issue the warrant, the Magistrate shall forthwith send to the Minister a report stating that he has issued the warrant and the evidence produced to him on the application for the warrant.

(3)

It shall be a sufficient compliance with subsection (2) of this section in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if —

(a)

where the testimony was given in writing, the Magistrate sends to the Minister a copy of that writing certified by him to be a true copy; or

(b)

where the testimony was given orally —

(i)

if the testimony has been reduced to writing, the Magistrate sends to the Minister that writing certified by him to be a true record of the testimony; or

(ii)

if the testimony has not been reduced to writing, the Magistrate sends to the Minister the notes made by the Magistrate in respect of the testimony and certified by him to be a true summary of the testimony.

(4)

Where the Minister —

(a)

receives a report of the issue of a warrant and the evidence as provided by subsections (2) and (3) of this section; or

(b)

otherwise becomes aware of the issue of such a warrant,he may, if he thinks fit, by order in writing, direct that the warrant be cancelled.

(5)

Where a person has been apprehended under a warrant that is so directed to be cancelled —

(a)

if the person is held in custody, the person holding him in custody shall, upon receipt of the order, cause him to be released; or

(b)

if he has been admitted to bail, the recognizances upon which he was admitted to bail shall, by virtue of this subsection, be discharged.

Clause 24

Proceedings after apprehension of person

(1)

A person who is apprehended under a warrant issued in pursuance of section 23 of this Act shall, unless he is sooner released, be brought as soon as practicable before a Magistrate in Singapore.

(2)

A Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding seven days at any one time and, where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before the Magistrate or before any other Magistrate.

(3)

In the application of subsections (4) to (8) of this section in relation to a person who has been apprehended under a warrant issued in pursuance of section 23 of this Act, the expression “Magistrate” means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.

(4)

If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under paragraph (a) of subsection (1) of section 22 of this Act, the Magistrate shall remand the person in accordance with subsection (2) of this section until the Magistrate receives a notice under paragraph (b) of subsection (1) of section 22 of this Act from the Minister informing the Magistrate that a requisition for the surrender of the person has been made to the Minister by a declared Commonwealth country.

(5)

Where the Magistrate does not receive such a notice within such time as is reasonable having regard to all the circumstances, the Magistrate shall —

(a)

if the person apprehended is held in custody, order that he be released; or

(b)

if he has been admitted to bail, make an order discharging the recognizances upon which he was admitted to bail.

(6)

If the person was apprehended under a warrant issued in pursuance of an authority by the Minister in a notice under paragraph (a) of subsection (1) of section 22 of this Act or the Magistrate receives a notice by the Minister under paragraph (b) of that subsection and —

(a)

there is produced to the Magistrate a duly authenticated overseas warrant in respect of the person issued in the declared Commonwealth country that made the requisition for the surrender of the person;

(b)

there is produced to the Magistrate —

(i)

in the case of a person who is accused of an extradition crime, such evidence as would, in the opinion of the Magistrate, according to the law in force in Singapore justify the committal for trial of the person if the act or omission constituting that crime had taken place in, or within his jurisdiction; or

(ii)

in the case of a person who is alleged to have been convicted of an extradition crime, sufficient evidence to satisfy the Magistrate that the person has been convicted of that crime; and

(c)

the Magistrate is satisfied, after hearing any evidence tendered by the person, that the person is liable to be surrendered to the declared Commonwealth country that made the requisition for the surrender,the Magistrate shall, by warrant in accordance with Form 5 in the Second Schedule to this Act, commit the person to prison to await the warrant of the Minister for his surrender but otherwise shall order that the person be released.

(7)

Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him to prison, he may, in lieu of committing him to prison, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be committed to prison or he is surrendered and, in such a case, the warrant shall be in accordance with Form 5 in the Second Schedule to this Act with such variations as are necessary to meet the circumstances of the case.

(8)

Where, in pursuance of this section, a Magistrate commits a person to prison or otherwise orders that he be held in custody, he shall forthwith send to the Minister a certificate to that effect and such report, if any, relating to the proceedings as he thinks fit.

Clause 25

Power of Magistrate or court to release, or postpone surrender of, person

If a Magistrate before whom a person is brought in pursuance of section 24 of this Act, or a court to which the person has applied for a writ of habeas corpus, is satisfied that, by reason of —

(a)

the trivial nature of the offence that the person is alleged to have committed or has committed;

(b)

the accusation against the person not having been made in good faith or in the interests of justice; or

(c)

the passage of time since the offence is alleged to have been committed or was committed,and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the person to a declared Commonwealth country, or to surrender him before the expiration of a particular period, the Magistrate or court may —

(i)

order that the person be released;

(ii)

order that the person be surrendered after the expiration of a period specified in the order and order his release on bail until the expiration of that period; or

(iii)

make such other order as he or it thinks just.

Clause 26

Surrender of fugitive to Commonwealth country

(1)

When, in pursuance of this Part, a Magistrate commits a person (in this section referred to as “the prisoner”) to prison, or otherwise orders that he be held in custody, to await the warrant of the Minister for his surrender to a declared Commonwealth country, the Magistrate shall inform the prisoner that he will not be surrendered until after the expiration of the period of fifteen days from the date of the committal or order and that, if he asserts that his detention is unlawful, he may apply to a court of competent jurisdiction for a writ of habeas corpus.

(2)

After —

(a)

the expiration of the period referred to in subsection (1) of this section; or

(b)

if, within that period, an application for a writ of habeas corpus is made by the prisoner and the court to which the application is made or where an appeal is brought from the decision of that court to another court, the other court does not order that the prisoner be released, after the expiration of the period of fifteen days from the date of the decision of the first-mentioned court or the appellate court, as the case may be,whichever is the later, the Minister shall, if he is satisfied that the prisoner is liable to be surrendered to the declared Commonwealth country, by warrant in accordance with Form 6 in the Second Schedule to this Act or, where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with such variations as are necessary to meet the circumstances of the case, order that the prisoner be delivered into the custody of a person specified in the warrant and be conveyed by that person to a place in that country or within the jurisdiction of, or of a part of, that country and there surrendered to some person appointed by that country to receive him.

(3)

A warrant issued in pursuance of subsection (2) of this section may be executed according to its tenor.

(4)

Any property in the possession of the prisoner at the time of his apprehension that may be material as evidence in proving the offence to which the requisition for his surrender relates shall, if the Minister so directs in writing, be delivered up with the prisoner on his surrender.

Clause 27

Discharge of fugitive who is not conveyed out of Singapore within two months

Where a person who, in pursuance of this Part, has been committed to prison, or otherwise ordered to be held in custody, is in custody in Singapore at the expiration of two months after —

(a)

the date of the committal or order; or

(b)

if an application for a writ of habeas corpus has been made by the person, the date of the decision of the court to which the application was made or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,whichever is the later, the High Court, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the Minister, shall, unless reasonable cause is shown for the delay, order that the person be released.

Clause 28

Interpretation

In this Part, “extraditable crime” means an offence (wherever committed) against the law in force in Singapore the maximum penalty for which is death or imprisonment for a period of not less than twelve months, being an offence that —

(a)

is described in the First Schedule to this Act; or

(b)

would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.

Clause 29

Requisition to Commonwealth country for surrender of person to be made by Minister

Where a person accused or convicted of an extraditable crime is, or is suspected of being, in or on his way to a declared Commonwealth country or within the jurisdiction of, or of a part of, such a country, the Minister may make a requisition to that country for the surrender of the person.

Clause 30

Persons surrendered may be brought to Singapore

Where a person accused or convicted of an extraditable crime is surrendered by a declared Commonwealth country, the person may be brought to Singapore and delivered to the proper authorities to be dealt with according to law.

Clause 31

Person surrendered by Commonwealth country in respect of an offence not to be prosecuted or detained for other offences

Where a person accused or convicted of an extraditable crime is surrendered by a declared Commonwealth country, the person shall not, unless he has been returned, or has had an opportunity of returning, to that country —

(a)

be detained or tried in Singapore for any offence that is alleged to have been committed, or was committed, before his surrender other than —

(i)

the offence to which the requisition for his surrender relates or any other offence of which he could be convicted upon proof of the facts on which that requisition was based; or

(ii)

any other extraditable crime in respect of which that country consents to his being so detained or tried, as the case may be; or

(b)

be detained in Singapore for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to Singapore other than —

(i)

an offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) of this section was based; or

(ii)

any other offence in respect of which the country by which he was surrendered to Singapore consents to his being so detained.

Clause 40

Jurisdiction as to offences committed at sea or in air

Where the offence in respect of which the surrender or return of a fugitive is sought was committed on board any vessel on the high seas or any aircraft while in the air outside Singapore or the territorial waters of Singapore which comes into any port or aerodrome of Singapore, the Minister or any Magistrate may exercise the powers conferred by this Act.

Clause 41

Simultaneous requisitions

(1)

If the requisitions for the surrender of a fugitive are received from more than one foreign State or declared Commonwealth country or from any foreign State and any declared Commonwealth country, the Minister may, having regard to the circumstances of the case, surrender the fugitive to such State or country as he thinks fit.

(2)

The Minister in determining to which State or country the fugitive should be returned shall consider all the circumstances of the case and in particular —

(a)

the relative seriousness of the offences;

(b)

the relative dates on which the requests were made; and

(c)

the citizenship or other national status of the fugitive and his ordinary residence.

Clause 42

Overseas documents may be admitted in evidence if duly authenticated

(1)

In a proceeding under this Act —

(a)

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 proceeding in a declared Commonwealth country or foreign State shall be admissible as evidence of the matters stated in the testimony;

(b)

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 proceeding in a declared Commonwealth country or foreign State shall be admissible in evidence;

(c)

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 declared Commonwealth country or foreign State shall be admissible as evidence of the fact and date of the conviction; and

(d)

a document, duly authenticated, that purports to be an overseas warrant or a foreign warrant shall be admissible in evidence.

(2)

A document shall be deemed to be duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if —

(a)

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

(b)

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

(c)

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

(d)

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 country or State in which the document was issued,and the document purports to be authenticated by the oath of a witness or to be sealed with the official seal of a Minister in or of that country.

(3)

Nothing in this section shall prevent the proof of any matter, or the admission in evidence of any document, in accordance with any other law of Singapore.

Clause 43

Taking of evidence in respect of criminal matters pending in courts of foreign States

(1)

The Minister may, by notice in writing, authorise a Magistrate to take evidence for the purposes of a criminal matter pending in a court or tribunal of a foreign State other than a matter relating to an offence that is, by its nature or by reason of the circumstances in which it is alleged to have been committed, an offence of a political character.

(2)

Upon receipt of the notice, the Magistrate shall —

(a)

take the evidence of each witness appearing before him to give evidence in relation to the matter in the like manner as if the witness were giving evidence on a charge against a person for an offence against the law in force in Singapore;

(b)

cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by him; and

(c)

cause the writing so certified to be sent to the Minister.

(3)

The evidence of such a witness may be taken in the presence or absence of the person charged with the offence against the law of, or of the part of, the foreign State and the certificate by the Magistrate that the evidence was taken by him shall state whether the person so charged was present or absent when the evidence was taken.

(4)

The laws for the time being in force with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against a person for an offence against the law of Singapore shall apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section.

Clause 44

Power to make rules

(1)

The Minister may make rules to carry out the purposes of this Act.

(2)

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters: —

(a)

the removal of fugitives accused or in custody 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;

(b)

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;

(c)

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

(d)

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

(3)

All rules made under this section shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Clause 45

Power to vary Schedules

The Minister may, from time to time, by notification in the Gazette, vary the Schedules to this Act.

Clause 46

Repeals and saving

(1)

The following Acts and Ordinances are hereby repealed: —

(a)

the Extradition Acts (Cap. 94), 1870 to 1935, and the Fugitive Offenders Act (Cap. 95), 1881, in so far as they apply to and operate as part of the law of Singapore;

(b)

the Extradition Ordinance;

(c)

the Extradition Powers Delegation Ordinance; and

(d)

the Warrants and Summonses (Special Provisions) Act, 1965 (M. Act 6 of 1965).[33 and 34 Vict. c. 52; 36 and 37Vict. c. 60; 6 Edw. 7, c. 15; 22 and 23 Geo. 5, c. 39; 44 and 45Vict. c. 69.]

(2)

Any warrant issued or indorsed in Singapore or in force immediately before the date of the coming into operation of this Act under the Imperial Acts known as the Extradition Acts, 1870 to 1935, and the Fugitive Offenders Act, 1881, as those Acts applied in Singapore, in respect of a fugitive from a foreign State or a declared Commonwealth country in relation to which this Act applies has effect as if it had been issued or indorsed in accordance with a form specified for the purposes of Parts II and IV of this Act by a person having authority under this Act to issue or indorse such a warrant, and any proceedings instituted before the date of the coming into operation of this Act in relation to such fugitive under those Imperial Acts as so applied may be continued and dealt with under this Act.

(3)

Any warrant issued or indorsed in Singapore under the Warrants and Summonses (Special Provisions) Act, 1965, and in force immediately before the date of the coming into operation of the Act in respect of a person accused or convicted of an offence under the laws of Malaysia has effect as if it had been issued or indorsed, as the case may be, in accordance with a form specified for the purposes of Part V of this Act by a person having authority under that Part to issue or indorse such a warrant, and any proceedings instituted before the date of the coming into operation of this Act in relation to such a person under the Warrants and Summonses (Special Provisions) Act, 1965, may be continued and dealt with under Part V of this Act.

Schedule 1

Description of Returnable Offences

FIRST SCHEDULE(Sections 2, 14 and 28).Description of Returnable OffencesA.

1. Murder of any degree.

2. Manslaughter or culpable homicide.

3. An offence against the law relating to abortion.

4. Maliciously or wilfully wounding or inflicting grievous bodily harm.

5. Assault occasioning actual bodily harm.

6. Rape.

7. Unlawful sexual intercourse with a female.

8. Indecent assault.

9. Procuring, or trafficking in, women or young persons for immoral purposes.

10. Bigamy.

11. Kidnapping, abduction or false imprisonment, or dealing in slaves.

12. Stealing, abandoning, exposing or unlawfully detaining a child.

13. Bribery.

14. Perjury or subornation of perjury or conspiring to defeat the course of justice.

15. Arson.

16. An offence concerning counterfeit currency.

17. An offence against the law relating to forgery.

18. Stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or credit by false pretences, receiving stolen property or any other offence in respect of property involving fraud.

19. Burglary, housebreaking or any similar offence.

20. Robbery.

21. Blackmail or extortion by means of threats or by abuse of authority.

22. An offence against bankruptcy law or company law.

23. Malicious or wilful damage to property.

24. Acts done with the intention of endangering vehicles, vessels or aircraft.

25. An offence against the law relating to dangerous drugs or narcotics.

26. Piracy.

27. Revolt against the authority of the master of a ship or the commander of an aircraft.

28. Contravention of import or export prohibitions relating to precious stones, gold and other precious metals.B. Aiding and abetting, or counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any of the offences listed in paragraph A of this Schedule.

Schedule 2

SECOND SCHEDULEFORM 1(Sections 9 and 22). The Extradition Act, 1968. NOTICE BY MINISTERTo , a District Judge or Magistrate of Singapore.Whereas a requisition has been made to me, the Minister for ..................... by , a declared Commonwealth country for the purposes of the Extradition Act, 1968 [or foreign State in relation to which the Extradition Act, 1968, applies] for the surrender of (in this Notice referred to as “the said fugitive”), who is accused [or has been convicted] of the offence of .............................. alleged to have been committed [or committed] in [or within the jurisdiction of] and is, or is suspected of being, in or on his way to Singapore:Now, therefore, I, the Minister for , do hereby inform you that the said requisition has been made and authorize you to issue a warrant for the apprehension of the said fugitive provided that the provisions of the Extradition Act, 1968, relating to the issue of such a warrant have, in your opinion, been complied with.Given under my hand at Singapore this day of , 19 . ........................................... Minister forFORM 2(Sections 9 and 22). The Extradition Act, 1968. NOTICE BY MINISTERTo , a District Judge or Magistrate of Singapore.I, the Minister for , do hereby inform you that a requisition has been made to me by , a declared Commonwealth country for the purposes of the Extradition Act, 1968 [or a foreign State in relation to which the Extradition Act, 1968, applies] for the surrender of , who is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] .Given under my hand at Singapore this day of , 19 . ........................................... Minister forFORM 3(Sections 10 and 23). The Extradition Act, 1968. WARRANT OF APPREHENSIONTo all members of the Singapore Police Force.Whereas the Minister for has notified me, a District Judge or Magistrate of Singapore, that a requisition has been made to him for the surrender of (in this Warrant referred to as “the said fugitive”), who is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] and is, or is suspected of being in or on his way to Singapore:This is, therefore, to authorize and command you forthwith to find the said fugitive in Singapore and, having found him, to apprehend him and, if he is apprehended, to bring him before any District Judge or Magistrate to show cause why he should not be surrendered to in pursuance of the Extradition Act, 1968.Given under my hand at Singapore this day of , 19 . ........................................... District Judge/Magistrate.FORM 4(Sections 10 and 23). The Extradition Act, 1968. WARRANT OF APPREHENSIONTo all members of the Singapore Police Force.Whereas it has been shown to me, a District Judge or Magistrate of Singapore, that (in this Warrant referred to as “the said fugitive”) is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] and the said fugitive is, or is suspected of being, in or on his way to Singapore:This is, therefore, to authorize and command you forthwith to find the said fugitive in Singapore and, having found him, to apprehend him and, if he is apprehended, to bring him before any District Judge or Magistrate to be further dealt with according to law.Given under my hand at Singapore this day of , 19 . ........................................... District Judge/Magistrate.FORM 5(Sections 11 and 24). The Extradition Act, 1968. WARRANT OF COMMITMENTTo all members of the Singapore Police Force and to the Director of PrisonsWhereas on this day of 19 , (in this Warrant referred to as “the said fugitive”) has been brought before me, a District Judge or Magistrate to show cause why he should not be surrendered in pursuance of the Extradition Act, 1968, on the ground of his being accused [or having been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] :And whereas no sufficient cause has been shown to me why the said fugitive should not be surrendered in pursuance of the Extradition Act, 1968.This is therefore to authorize and command —

(a)

you, members of the Singapore Police Force, to convey the said fugitive to the prison at and deliver him there to the Director of Prisons together with this Warrant; and

(b)

you, the said Director, to receive the said fugitive into your custody in the said prison and there safely to keep him until he is delivered therefrom in accordance with law.Given under my hand at Singapore this day of , 19 . ........................................... District Judge/Magistrate.FORM 6(Sections 12 and 26). The Extradition Act, 1968. WARRANT FOR SURRENDER OF FUGITIVETo the Director of Prisons and to Whereas (in this Warrant referred to as “the said fugitive”) who is accused [or has been convicted] of the offence of alleged to have been committed [or committed] in [or within the jurisdiction of] was delivered into the custody of you the Director of Prisons by Warrant dated the day of , 19 , in pursuance of the Extradition Act, 1968:Now, therefore, I, the Minister for , in pursuance of the Extradition Act, 1968, hereby order —

(a)

you, the Director of Prisons, to deliver the said fugitive into the custody of the said ; and

(b)

you, the said , to receive the said fugitive into your custody and to convey him to a place in or within the jurisdiction of and there surrender him to some person appointed to receive him.Given under my hand at Singapore this day of , 19 . ........................................... Minister forFORM 7(Section 33). The Extradition Act, 1968.INDORSEMENT ON WARRANTWhereas I, a District Judge or Magistrate of Singapore, am satisfied that the within warrant is duly authenticated for the purposes of the Extradition Act, 1968:This is, therefore, to authorize and command who brings me this warrant, all other persons to whom this warrant is directed and all members of the Singapore Police Force to find the said in Singapore and, having found him, to apprehend him and, if he is apprehended to bring him before any District Judge or Magistrate in Singapore to be further dealt with according to law.Given under my hand at Singapore this day of , 19 . ........................................... District Judge/Magistrate.FORM 8(Section 34). The Extradition Act, 1968. WARRANT OF APPREHENSIONTo all members of the Singapore Police Force.Whereas [here specify the information and circumstances justifying the issue of the warrant]:This is, therefore, to authorize and command you forthwith to find in Singapore and, having found him, to apprehend him and, if he is apprehended to bring him before any District Judge or Magistrate in Singapore to be further dealt with according to law.Given under my hand at Singapore this day of , 19 . ........................................... District Judge/Magistrate.FORM 9(Section 35). The Extradition Act, 1968.WARRANT FOR SURRENDER OF PERSONTo Whereas has been apprehended under a warrant indorsed in pursuance of section 33 of the Extradition Act, 1968, for an offence alleged to have been committed [or committed] against the law of : orWhereas has been apprehended under a warrant issued in pursuance of section 34 of the Extradition Act, 1968, and a warrant for his apprehension for an offence against the law of has been indorsed in pursuance of section 33 of the Extradition Act, 1968:Now therefore, I, a District Judge or Magistrate of Singapore, order that be surrendered to and, for that purpose, be delivered into the custody of you the said . orNow, therefore, I, a District Judge or Magistrate of Singapore, order that be surrendered to and, for that purpose, be delivered into the custody of you the said .Given under my hand at Singapore this day of , 19 . ........................................... District Judge/Magistrate.

Extradition Bill

About this bill

PRELIMINARY

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