12. Extradition to Protocol countries
Feedback & supportLast amended by an amending law of 2022.
For the purposes of the Extradition Act 1968, the expression “extradition offence”, in relation to a Protocol country that is a declared Commonwealth territory, is deemed to include relevant offences.
Protocol
“Protocol” means the Optional Protocol to the Convention adopted by the General Assembly of the United Nations on 8 December 2005;
Subject to subsection (3), where no extradition treaty is in force between Singapore and a Protocol country that is not a declared Commonwealth territory, a notification in the Gazette under section 4 of the Extradition Act 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country.
Where the Extradition Act 1968 is applied under subsection (2), that Act has effect in relation to that country as if the only extradition offences under that Act were the relevant offences of that country.
Subsection (3) does not affect any other notification made under section 4 of the Extradition Act 1968.
Where —
an extradition treaty is in force between Singapore and a Protocol 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 1968 may be made applying that Act in relation to that country as if the treaty provided for the matter mentioned in paragraph (b).
Where a notification mentioned in subsection (5) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968, or in any Order in Council mentioned in section 3 of that Act, in relation to that country must, to the extent that it prevents the relevant offence from being considered an extradition offence in relation to that country, be disregarded in the application of that Act in relation to that country.
For the purposes of the Extradition Act 1968 —
any act, wherever committed, which —
is a relevant offence of a Protocol country which is a declared Commonwealth territory; or
is a relevant offence of a Protocol country which is not a declared Commonwealth territory in the case of which the Extradition Act 1968 has been applied by a notification in the Gazette made under section 4 of that Act,is deemed to be an offence within the jurisdiction of that country; and
any such offence is deemed not to be an offence of a political character.
In this section —
“declared Commonwealth territory” has the meaning given by the Extradition Act 1968;
“Protocol country” means a Convention country that is a party to the Protocol;
Convention country
“Convention country” means a foreign country that is a Party to the Convention;
“relevant offence”, in relation to a Protocol 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 constitute an offence which is an offence against a UN worker by virtue only of section 3(3); or
offence against a UN worker
“offence against a UN worker” means —(a)an offence under section 4, 5 or 6; or(b)an abetment of, or a conspiracy or an attempt to commit, an offence under section 4 or 5;
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.