PART I | Short title and commencement |
1.—(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. |
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2.—(1) In this Act, unless the context otherwise requires —| “declared Commonwealth country” means a country declared to be a Commonwealth country in relation to which Part IV of this Act applies; |
“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 — |
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“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; |
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| “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; |
| “foreign State” means a foreign State between which and Singapore an extradition treaty is in force; |
| “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; |
| “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; |
| “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; |
| “prescribed” means prescribed by rules made under this Act; |
| “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. |
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| (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. |
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