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Formal Consolidation |  2020 RevEd
Extradition
11.—(1)  Offences against an internationally protected person are deemed to be extraditable crimes for the purposes of Parts 3 and 4 of the Extradition Act 1968.
(2)  For the purposes of the Extradition Act 1968, the expression “extradition crime”, in relation to a Convention country that is a declared Commonwealth country, is 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 1968 may be made applying that Act as if there were an extradition treaty between Singapore and that country.
(4)  Where the Extradition Act 1968 is applied under subsection (3), that Act has 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) does not affect any other notification made under section 4 of the Extradition Act 1968.
(6)  Where —
(a)an extradition treaty is in force between Singapore and a Convention country; and
(b)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 referred to in paragraph (b).
(7)  Where a notification mentioned in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968 in relation to that country must, 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 1968 —
(a)any act, wherever committed, which is —
(i)a relevant offence of a Convention country that is a declared Commonwealth country; or
(ii)a relevant offence of a Convention country that is not a declared Commonwealth country 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
(b)any such offence is deemed not to be an offence of a political character.
(9)  In this section —
“declared Commonwealth country” has the meaning given by the Extradition Act 1968;
“relevant offence”, in relation to a 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 —
(a)would constitute an offence against an internationally protected person; 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.
Informal Consolidation | Amended Act 17 of 2022
Extradition
11.—(1)  Offences against an internationally protected person are deemed to be extradition offences for the purposes of Parts 3, 4 and 5 of the Extradition Act 1968.
[Act 17 of 2022 wef 01/07/2022]
(2)  For the purposes of the Extradition Act 1968, the expression “extradition offence”, in relation to a Convention country that is a declared Commonwealth territory, is deemed to include relevant offences.
[Act 17 of 2022 wef 01/07/2022]
(3)  Subject to subsection (4), where no extradition treaty is in force between Singapore and a Convention 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.
[Act 17 of 2022 wef 01/07/2022]
(4)  Where the Extradition Act 1968 is applied under subsection (3), 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.
[Act 17 of 2022 wef 01/07/2022]
(5)  Subsection (4) does not affect any other notification made under section 4 of the Extradition Act 1968.
(6)  Where —
(a)an extradition treaty is in force between Singapore and a Convention country; and
(b)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 referred to in paragraph (b).
(7)  Where a notification mentioned in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act 1968 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.
[Act 17 of 2022 wef 01/07/2022]
(8)  For the purposes of the Extradition Act 1968 —
(a)any act, wherever committed, which is —
(i)a relevant offence of a Convention country that is a declared Commonwealth territory; or
[Act 17 of 2022 wef 01/07/2022]
(ii)a relevant offence of a Convention country that 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,
[Act 17 of 2022 wef 01/07/2022]
is deemed to be an offence within the jurisdiction of that country; and
(b)any such offence is deemed not to be an offence of a political character.
(9)  In this section —
[Deleted by Act 17 of 2022 wef 01/07/2022]
“declared Commonwealth territory” has the meaning given by the Extradition Act 1968;
[Act 17 of 2022 wef 01/07/2022]
“relevant offence”, in relation to a 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 —
(a)would constitute an offence against an internationally protected person; 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.