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Restrictions on power of Minister to authorise apprehension, or order surrender, of fugitive

Extradition Act 1968

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—(1) The Minister shall not give a notice under section 23(1), or issue a warrant under section 27(2), in respect of a fugitive from a declared Commonwealth country if the Minister has substantial grounds for believing that —(a)the requisition for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he would be liable to be surrendered to that country, was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or(b)if the fugitive is surrendered to that country, he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.(2) If the Minister is satisfied that, by reason of —(a)the trivial nature of the offence that a fugitive is alleged to have committed or has committed;(b)the accusation against a fugitive not having been made in good faith or in the interests of justice; or(c)the passage of time since the offence is alleged to have been committed or was committed,and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the fugitive, or to surrender him before the expiration of a particular period, the Minister shall not issue a warrant under section 27(2) in respect of the fugitive, or shall not issue such a warrant before the expiration of that period, as the case may be.(3) The Minister shall not issue a warrant under section 27(2) in respect of a fugitive from a declared Commonwealth country unless provision is made by the law of that country, or that country has entered into an agreement with, or given an undertaking to, Singapore, by virtue of which the fugitive will not, unless he has been returned, or has had an opportunity of returning, to Singapore —(a)be detained or tried in that country for any offence that is alleged to have been committed, or was committed, before his surrender other than —(i)the offence to which the requisition for his surrender relates or any lesser offence of which he could be convicted upon proof of the facts on which that requisition was based; or(ii)any other extradition crime in respect of which the Minister consents to his being so detained or tried, as the case may be; or(b)be detained in that country for the purpose of his being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to the firstmentioned country other than —(i)a lesser offence of which he could be convicted upon proof of the facts on which the requisition referred to in paragraph (a) was based; or(ii)any other offence in respect of which the Minister could issue a warrant under this Part for his surrender to that other country and in respect of which the Minister consents to his being so detained.

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