Singapore Rolls Out ‘Comprehensive Update’ to Extradition Regime With Passing of Extradition Bill

An Interpol logo shows at Interpol's Global Complex for Innovation in Singapore on Sept. 30, 2014. Edgar Su/Reuters

Singapore’s parliament passed an Extradition (Amendment) Bill that aimed to reform the Extradition Act of 1968 and bring it, and related Acts, in line with international norms.

In his speech before Parliament on April 4, Second Minister for Law Edwin Tong said the bill’s objective was the “modernization” of Singapore’s extradition regime.

“Whilst many of the concepts in the [Extradition] Act remain relevant and applicable today, apart from minor amendments in 1970 and 1998, the Act has remained largely unchanged,” Tong said.

The amendments included in the bill (pdf) took into account global developments and international practice, and served as a “comprehensive update” to the Extradition Act.

Common law and civil law jurisdictions that were studied by Singapore’s Law Ministry for the bill included Australia, Brunei, Canada, Malaysia, France, Japan, and the United States.

Tong highlighted two areas of reform that were covered in the bill: an offense would generally be considered extraditable if it has a maximum punishment of two years or more (a “threshold approach”), and existing restrictions on extraditing fugitives to requesting foreign states would be expanded.

‘Threshold’ Approach to Replace the ‘List’ Approach

The Extradition Act of 1968 only allowed extradition for offenses that were on a defined list, which was called the “list approach.” This approach was the norm back then, and aligned with the approach of the 1966 London Scheme for Extradition within the Commonwealth.

In 2002, the London Scheme was amended to adopt the threshold approach. Common law jurisdictions such as Australia, Malaysia, and the United Kingdom, as well as jurisdictions in France and Japan, have also adopted the threshold approach.

The threshold of maximum punishment of two years’ imprisonment or more is also aligned with international practice.

Tong also noted that the requirement for extraditable offenses to be “punishable under the laws of both Singapore and the requesting State” would remain.

Restrictions on Extradition to Foreign States to Be Expanded

The bill introduced four additional restrictions for extradition requests, including cases where the fugitive was convicted in his or her absence, without opportunity of retrial, or when the offense is military and not criminal in nature.

“The proposed amendments seek to strike the right balance between international cooperation and individual liberty,” Tong said.

Another amendment introduced by the bill is to allow fugitives to consent to their extradition, instead of going through the entire extradition proceeding.

Tong said, “This saves state resources and prevents the fugitive from being detained longer than necessary in Singapore as there is no need for a full extradition hearing to be carried out if there is consent.”

However, the fugitive’s consent has to be voluntary and the fugitive must be informed of the consequences of giving consent.

Tong said, “A specialty undertaking would be obtained from the requesting state, unless the fugitive waives such an undertaking.”

“This means that the fugitive will only be prosecuted for the offenses stated in the extradition request, and not for additional offenses,” he said.

Tong noted allowing fugitives to consent to extradition was aligned with other jurisdictions like Australia, Canada, Malaysia, the United Kingdom, and the United States.

Existing Extradition Treaties Take Precedence Over the Amendments

In response to questions from members of Parliament about the impact of the extradition bill on current bilateral treaties and arrangements, Tong said the amendments of the bill would generally not affect the status quo.

“Singapore’s existing extradition treaties would be the primary source for our international obligations to foreign states and territories,” he said.

As to whether the government expected a surge in extradition cases, Tong said, “Our experience has been that states will continue to seek extradition for the most serious of offenses.”

“So, on that basis, we do not expect there to be an extraordinary spike given these amendments,” he said.

Over the past decade, four fugitives have been extradited back to Singapore, while Singapore has extradited eight back to the requesting state, according to Singapore’s local paper, The Straits Times.

Tong said, “Extradition is an essential component of international law enforcement and plays a key role in upholding the rule of law.”

“With these amendments, Singapore will enhance its ability to combat crime through international cooperation,” he said.