Radiation Protection (Amendment) Bill

by inserting, immediately after the definition of “authorised officer”, the following definition:“ “Convention country” means a foreign country that is a Party to the Nuclear Material Convention;”;

by inserting, immediately after the definition of “conveyance”, the following definition:“ “country” includes a State or territory, as the case may be;”;

by deleting the words “the Schedule” in the definition of “nuclear material” and substituting the words “the First Schedule”; and

by inserting, immediately after the definition of “nuclear material”, the following definitions:“ “Nuclear Material Convention” means the Convention on the Physical Protection of Nuclear Material adopted in Vienna on 26th October 1979;“nuclear offence” means —

an offence under section 26B or 26D;

an offence specified in the Second Schedule committed in relation to any nuclear material;

an abetment of or a conspiracy to commit an offence referred to in paragraph (a) or (b);

an attempt to commit an offence under section 26B, or an offence referred to in paragraph (b) except any offence under section 384, 385, 386, 387, 388 or 389 of the Penal Code (Cap. 224) committed in relation to nuclear material; or

an act by a person which would make him liable for an offence referred to in paragraph (a), (b) or (d) by virtue of section 34, 35 or 37 of the Penal Code;”.

an offence under section 26B, 26D, 26DA, 26DB or 26DC;

an offence specified in the Second Schedule committed in relation to any nuclear material;

an abetment of or a conspiracy to commit an offence referred to in paragraph (a) or (b);

an attempt to commit an offence under section 26B, 26DA or 26DB, or an offence referred to in paragraph (b) except any offence under section 384, 385, 386, 387, 388 or 389 of the Penal Code committed in relation to nuclear material; or

an act by a person which would make him liable for an offence referred to in paragraph (a), (b) or (d) by virtue of section 34, 35 or 37 of the Penal Code;“nuclear trafficking offence” means —

an offence under section 26DD;

an abetment of or an attempt or conspiracy to commit an offence under section 26DD; or

an act by a person which would make him liable for an offence under section 26DD or an attempt to commit such an offence by virtue of section 34, 35 or 37 of the Penal Code;”.

In this Part, “nuclear material” means —

plutonium except plutonium with an isotopic concentration of plutonium-238 exceeding 80%;

uranium-233;

uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to uranium-238 is greater than the ratio of uranium-235 to uranium-238 occurring in nature;

uranium with an isotopic concentration equal to that occurring in nature; or

any material containing one or more of the foregoing,that is used for peaceful purposes, but does not include uranium in the form of ore or ore-residue.(2) If in any proceedings a question arises whether any nuclear material was used for peaceful purposes, a certificate issued by the Minister and stating that it was, or was not, so used at a time specified in the certificate, shall be prima facie evidence of that matter.Use, etc., of nuclear material26B. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause —

death or serious injury to any person; or

substantial damage to property,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment.Enhanced punishment for theft, etc., of nuclear material26C.—

If, in a prosecution of a person for an offence under a section of the Penal Code (Cap. 224) set out in the first column of the Second Schedule, it is proved that —

the offence is committed in relation to nuclear material; and

the person knew that it was nuclear material,then, in lieu of the term of imprisonment prescribed in that section, the person shall be liable to the term of imprisonment set out in the second column of that Schedule against that section.(2) Subsection (1) is without prejudice to any liability of the person to, or the jurisdiction of the court to impose, any other punishment prescribed in that section of the Penal Code.Threat to commit certain offences26D.—

Any person who threatens to use nuclear material to cause —

death or serious injury to any person; or

substantial damage to property,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.(2) Any person who threatens to commit, in relation to nuclear material —

theft within the meaning of section 378 of the Penal Code (Cap. 224); or

robbery within the meaning of section 390 of the Penal Code,in order to compel a person, an international organisation, the Government or the government of a country to do or refrain from doing any act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.Information relating to offence26E.—

Any person in Singapore who has information which he knows or believes may be of material assistance —

in preventing the commission by another person of an offence to which this section applies; or

in securing the apprehension, prosecution or conviction of another person, in Singapore, for an offence involving the commission, preparation or instigation of an offence to which this section applies,and who fails to disclose the information immediately to a police officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.(2) This section applies to the following offences:

an offence under section 26B;

an offence specified in the Second Schedule committed in relation to any nuclear material.(3) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section.(4) A person who makes a disclosure in good faith under this section shall not be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct.(5) For the avoidance of doubt, this section is without prejudice to sections 128, 128A and 129 of the Evidence Act (Cap. 97).Extra-territoriality26F. Any person who, outside Singapore, commits an act that, if committed in Singapore, would constitute a nuclear offence is deemed to commit the act in Singapore and may be proceeded against, charged, tried and punished accordingly.Assistance under Mutual Assistance in Criminal Matters Act26G.—

For the purposes of the provision of assistance under Part III of the Mutual Assistance in Criminal Matters Act (Cap. 190A) to a foreign country for a criminal matter involving a relevant offence of that country, the relevant offence shall be deemed not to be an offence of a political character.(2) In this section —Extradition26H.—

All nuclear offences shall be deemed to be extraditable crimes for the purposes of Parts III and IV of the Extradition Act (Cap. 103).(2) For the purposes of the Extradition Act, the expression “extradition crime”, in relation to a Convention country that is a declared Commonwealth country, shall be deemed to include relevant offences.(3) Subject to subsection (4), where no extradition treaty is in force between Singapore and a Convention country that is not a declared Commonwealth country, a notification in the Gazette under section 4 of the Extradition Act may be made applying that Act as if there were an extradition treaty between Singapore and that country.(4) Where the Extradition Act is applied under subsection (3), that Act shall have effect in relation to that country as if the only extradition crimes under that Act were the relevant offences of that country.(5) Subsection (4) is without prejudice to any other notification made under section 4 of the Extradition Act.(6) Where —

an extradition treaty is in force between Singapore and a Convention country; and

the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country,a notification in the Gazette under section 4 of the Extradition Act may be made applying that Act in relation to that country as if the treaty provided for the matter referred to in paragraph (b).(7) Where a notification referred to in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act, or in any Order in Council referred to in section 3 of that Act, in relation to that country shall, to the extent that it prevents the relevant offence from being considered an extradition crime in relation to that country, be disregarded in the application of that Act in relation to that country.(8) For the purposes of the Extradition Act —

any act, wherever committed, which is a relevant offence of a Convention country which is a declared Commonwealth country, or which is a relevant offence of a Convention country which is not a declared Commonwealth country in the case of which the Extradition Act has been applied by a notification in the Gazette made under section 4 of that Act, shall be deemed to be an offence within the jurisdiction of that country; and

any such offence shall be deemed not to be an offence of a political character.(9) In this section —

would constitute a nuclear offence; or

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.”.

by repealing section 26A and substituting the following section:“Interpretation and application of this Part26A.—

In this Part —

For the purposes of subsection (1) —

material is not used for peaceful purposes if it is used or retained for military purposes; and

a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.(3) If in any proceedings a question arises whether any material or facility was used for peaceful purposes, a certificate issued by the Minister and stating that it was, or was not, so used at a time specified in the certificate, shall be prima facie evidence of that matter.(4) This Part does not apply to —

the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law; or

activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.”; and

by inserting, immediately after section 26D, the following sections:“Use, etc., of nuclear material to cause damage to environment26DA. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause substantial damage to the environment, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment.Acts against nuclear facilities26DB.—

Any person who —

commits an act that is directed against a nuclear facility, or that interferes with the operation of a nuclear facility; and

does so intending that the act will cause, or knowing that the act is likely to cause —

death or serious injury to any person; or

substantial damage to property or to the environment,by exposure to radiation or release of radioactive substances,shall be guilty of an offence.(2) Any person who is guilty of an offence under subsection (1) shall, on conviction —

except in the cases referred to in paragraphs (b) and (c), be liable to imprisonment for a term which may extend to life imprisonment;

if the person had intended to cause serious injury to any person knowing that the injury is likely to cause his death, and death is caused, be subject to the same punishment as an act under section 300(b) of the Penal Code (Cap. 224); or

if the person had intended to cause death to any person and death is caused, be subject to the same punishment as an act under section 300(a) of the Penal Code.Threats to commit offence under section 26DA or 26DB26DC. Any person who threatens to —

use nuclear material to cause substantial damage to the environment; or

commit an offence under section 26DB,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.Export or import of nuclear material: extended jurisdiction26DD.—

Any person who, outside Singapore —

unlawfully exports nuclear material from one country to another; or

unlawfully imports nuclear material into one country from another,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.(2) A person guilty of an offence under this section may be proceeded against, charged, tried and punished as if the offence is committed in Singapore.(3) In subsection (1) —

an export of nuclear material from a country; or

an import of nuclear material into a country,is unlawful if it is contrary to any prohibition or restriction on the export or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country.(4) A statement in a certificate issued by or on behalf of the government of a country outside Singapore to the effect that a particular export or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, shall be prima facie evidence that the export or import is unlawful for the purposes of subsection (3).”.

the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security;

civilians who direct or organise the official activities of those armed forces; or

civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces;

plutonium except plutonium with an isotopic concentration of plutonium-238 exceeding 80%;

uranium-233;

uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to uranium-238 is greater than the ratio of uranium-235 to uranium-238 occurring in nature;

uranium with an isotopic concentration equal to that occurring in nature; or

any material containing one or more of the foregoing,that is used for peaceful purposes, but does not include uranium in the form of ore or ore-residue.

an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a nuclear offence; or

an offence against the law of that country that consists of or includes conduct which would constitute a nuclear trafficking offence.”.

in relation to a Convention country that is a Party to the amendments adopted in Vienna on 8th July 2005 to the Nuclear Material Convention, means —

an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore —

constitute a nuclear offence; or

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; or

an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would —

constitute a nuclear trafficking offence; or

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; or

in relation to any other Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore —

constitute a nuclear offence, other than an offence under section 26DA, 26DB or 26DC or any offence referred to in paragraph (c), (d) or (e) of the definition of “nuclear offence” in section 2(1) as it relates to any of those sections; or

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.”.