Extradition Act 1968 — PART 1: PRELIMINARY

Part of a comprehensive analysis of the Extradition Act 1968

All Parts in This Series

1. PART 1 (this article)
2. PART 2
3. PART 3
4. PART 4
5. PART 5
6. PART 6
7. PART 7
8. PART 8
9. PART 9
10. Part 2
11. Part 3
12. PART 1
13. PART 2
14. PART 3
15. PART 4
16. PART 7

Key Provisions and Purpose of Part 1 Preliminary of the Extradition Act 1968

Part 1 of the Extradition Act 1968 serves as the foundational segment of the legislation, setting out the short title and crucial definitions that govern the interpretation and application of the Act. This Part is essential because it provides clarity on the scope and meaning of terms used throughout the Act, ensuring consistent understanding and application by courts, law enforcement, and other stakeholders.

"Short title 1. This Act is the Extradition Act 1968." — Section 1, Extradition Act 1968

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The short title provision exists to formally identify the legislation, facilitating easy reference and citation. It confirms that the Act is known as the Extradition Act 1968, which is important for legal certainty and administrative purposes.

"Interpretation 2.—(1) In this Act, unless the context otherwise requires — ... “extradition offence” means — (a) in relation to a request made by Singapore — (i) an offence (wherever committed) against the law in force in Singapore that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and (ii) the offence is not an excluded offence; (b) in relation to a request made by a foreign State or a declared Commonwealth territory — (i) an offence against the law of, or of a part of, the foreign State or the declared Commonwealth territory that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and (ii) the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore, constitute an offence against the law in force in Singapore that — (A) carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment; and (B) is not an excluded offence; or (c) any offence that is deemed to be an extradition offence under this Act or a written law relating to a multilateral convention or treaty specified in the Fourth Schedule;" — Section 2(1), Extradition Act 1968

This detailed definition of "extradition offence" is fundamental because it delineates which offences qualify for extradition requests. The provision ensures that only serious offences—those punishable by imprisonment of two years or more—are subject to extradition, thereby protecting individuals from being extradited for minor infractions. It also excludes certain offences specified in the First Schedule, reflecting policy decisions to limit extradition to appropriate cases. The inclusion of offences under multilateral treaties (Fourth Schedule) ensures Singapore’s compliance with international obligations.

Definitions in Part 1 Preliminary and Their Significance

Section 2(1) of the Act provides comprehensive definitions of key terms used throughout the legislation. These definitions are critical for interpreting the Act consistently and for operationalising the extradition process effectively.

"Interpretation 2.—(1) In this Act, unless the context otherwise requires — “authorised officer” means — (a) the Director, any Deputy Director, any Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973; (b) the Director, any deputy director, any assistant director or any special investigator, of the Corrupt Practices Investigation Bureau appointed under section 3(1) and (2) of the Prevention of Corruption Act 1960; (c) any Commercial Affairs Officer appointed under section 64(1) of the Police Force Act 2004; (d) the Controller of Immigration or any immigration officer appointed under section 3(1) of the Immigration Act 1959; (e) the Director-General of Customs, any Deputy Director-General of Customs or any Assistant Director-General of Customs appointed under section 4(1) and (2), any senior officer of customs appointed under section 4(4), or any officer of customs appointed under section 5(2), of the Customs Act 1960; (f) any police officer; or (g) any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act; “Convention offence” means an offence specified in the Fourth Schedule by reference to a specified written law relating to a multilateral convention or treaty; “Convention State” means a state or territory that is a party to the multilateral convention or treaty defined in each written law specified in the Fourth Schedule; “declared Commonwealth territory” means a state or territory declared to be a Commonwealth territory under section 6; “excluded offence” means an offence described or specified in the First Schedule; “extradition offence” means — (see full definition above) “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 9 August 1965 which extends to, and is binding on, Singapore; “foreign State”, in relation to — (see full definition in text) “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 offence that is alleged to have been committed, or convicted of an extradition offence that was committed at a place within the jurisdiction of a foreign State or a declared Commonwealth territory or of a part of such State or territory and is, or is suspected to be, in Singapore; “material” includes any book, document or other record in whatever form, and any container or article relating thereto; “overseas warrant” means a judicial or other document issued under the law of, or of a part of, a declared Commonwealth territory and authorising the apprehension of a person; “prison” has the meaning given by section 2 of the Prisons Act 1933; “thing” includes material." — Section 2(1), Extradition Act 1968

The definition of "authorised officer" is particularly important as it identifies the officials empowered to act under the Act. By specifying officers from various agencies such as the Central Narcotics Bureau, Corrupt Practices Investigation Bureau, Police Force, Immigration, and Customs, the Act ensures that extradition processes are handled by competent authorities with relevant expertise. This cross-agency approach facilitates effective cooperation and enforcement.

Definitions such as "foreign State," "foreign warrant," and "fugitive" establish the parameters for international cooperation and the identification of persons subject to extradition. The inclusion of "Convention offence" and "Convention State" reflects Singapore’s commitment to multilateral treaties, ensuring that offences under such treaties are recognised for extradition purposes.

Moreover, the definition of "excluded offence" safeguards against extradition for certain offences deemed inappropriate for such proceedings, reflecting policy considerations and human rights protections.

Absence of Penalties for Non-Compliance in Part 1 Preliminary

Part 1 Preliminary of the Extradition Act 1968 does not specify any penalties for non-compliance. This is consistent with the purpose of this Part, which is primarily to establish definitions and the scope of the Act rather than to impose obligations or offences.

No penalties mentioned in Part 1 Preliminary. — Part 1, Extradition Act 1968

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The absence of penalties in this section is logical because the provisions here are foundational and interpretative. Penalties and enforcement mechanisms are typically found in later Parts of the Act that deal with procedural and substantive requirements for extradition.

Cross-References to Other Legislation

Part 1 Preliminary contains several cross-references to other Singapore statutes, which serve to integrate the Extradition Act within the broader legal framework and clarify the authority of various officers involved in extradition matters.

“authorised officer” means — (a) the Director, any Deputy Director, any Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973; (b) the Director, any deputy director, any assistant director or any special investigator, of the Corrupt Practices Investigation Bureau appointed under section 3(1) and (2) of the Prevention of Corruption Act 1960; (c) any Commercial Affairs Officer appointed under section 64(1) of the Police Force Act 2004; (d) the Controller of Immigration or any immigration officer appointed under section 3(1) of the Immigration Act 1959; (e) the Director-General of Customs, any Deputy Director-General of Customs or any Assistant Director-General of Customs appointed under section 4(1) and (2), any senior officer of customs appointed under section 4(4), or any officer of customs appointed under section 5(2), of the Customs Act 1960; “prison” has the meaning given by section 2 of the Prisons Act 1933;" — Section 2(1), Extradition Act 1968

These cross-references exist to:

• Identify the statutory basis for the appointment and powers of authorised officers, ensuring that their authority under the Extradition Act is grounded in other established legislation.
• Facilitate inter-agency cooperation by linking the roles of officers from different enforcement bodies.
• Provide clarity on terms such as "prison," which is defined by reference to the Prisons Act 1933, ensuring consistency in interpretation.

By anchoring the Extradition Act’s provisions to other statutes, the legislation ensures coherence within Singapore’s legal system and avoids duplication or conflict of powers.

Conclusion

Part 1 Preliminary of the Extradition Act 1968 is a critical component that lays the groundwork for the entire extradition process in Singapore. It establishes the Act’s identity, defines key terms, and integrates the Act with other relevant legislation. The detailed definitions, especially of "extradition offence" and "authorised officer," are designed to ensure that extradition proceedings are conducted with legal clarity, procedural fairness, and inter-agency coordination. The absence of penalties in this Part reflects its foundational nature, reserving enforcement measures for subsequent Parts of the Act.

Sections Covered in This Analysis

• Section 1 – Short Title
• Section 2(1) – Interpretation (Definitions)
• First Schedule – Excluded Offences (Referenced)
• Fourth Schedule – Multilateral Conventions and Treaties (Referenced)
• Cross-referenced statutes:
  • Misuse of Drugs Act 1973, Section 3(1)
  • Prevention of Corruption Act 1960, Sections 3(1) and (2)
  • Police Force Act 2004, Section 64(1)
  • Immigration Act 1959, Section 3(1)
  • Customs Act 1960, Sections 4(1), (2), (4) and 5(2)
  • Prisons Act 1933, Section 2

Source Documents

• Archived Copy — Litt Law CDN
• Original — Singapore Statutes Online

For the authoritative text, consult SSO.