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Singapore legislation

Regulation 3

of Extradition (Commonwealth Territories) Declaration 2007

Regulation 3

Modification of Act

Subregulation 1

The Act (except for Part 6) applies in relation to a country specified in the Schedule that is a non‑member of UNTOC as if an UNTOC offence is not an extradition offence.

Subregulation 2

In this paragraph —

Definition

“non-member of UNTOC” means a state or territory specified in the Schedule that is not —

(a)

a party to UNTOC; or

(b)

a state or territory to which UNTOC applies or is extended;

Definition

“serious crime”, “organised criminal group” and “transnational” have the meanings given to them in UNTOC;

Definition

“UNTOC” means the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000;

Definition

“UNTOC offence” means an offence against the law of a non‑member of UNTOC where the act or omission constituting the offence or the equivalent act or omission —

(a)

would, if it took place within the jurisdiction of Singapore, constitute any of the following:

(i)

abetment of a serious crime, where the serious crime is transnational in nature and involves an organised criminal group;

(ii)

criminal conspiracy to commit a serious crime, where the serious crime is transnational in nature and involves an organised criminal group; or

(b)

would be such an offence 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.