Interpretation and application of this Part
28.—(1) In this Part —“armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;
“environment” includes land, air and water, and living organisms supported by any of those media;
“military forces of a State” means —(a)
the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security;
(b)
civilians who direct or organise the official activities of those armed forces; or
(c)
civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces;
“nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;
“nuclear material” means —(a)
plutonium except plutonium with an isotopic concentration of plutonium‑238 exceeding 80%;
(b)
uranium‑233;
(c)
uranium containing uranium‑233 or uranium‑235 or both in such an amount that the abundance ratio of the sum of those isotopes to uranium‑238 is greater than the ratio of uranium‑235 to uranium‑238 occurring in nature;
(d)
uranium with an isotopic concentration equal to that occurring in nature; or
(e)
any material containing one or more of the foregoing,
that is used for peaceful purposes, but does not include uranium in the form of ore or ore residue.
[20/2014]
(2) For the purposes of subsection (1) —(a)
material is not used for peaceful purposes if it is used or retained for military purposes; and
(b)
a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.[20/2014]
(3) If in any proceedings a question arises whether any material or facility was used for peaceful purposes, a certificate issued by the Minister and stating that it was, or was not, so used at a time specified in the certificate, is prima facie evidence of that matter.[20/2014]
(4) This Part does not apply to —(a)
the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law; or
(b)
activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.[26A
[20/2014]
Use, etc., of nuclear material
29. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause —(a)
death or serious injury to any person; or
(b)
substantial damage to property,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment.
[26B
[20/2014]
Enhanced punishment for theft, etc., of nuclear material
30.—(1) If, in a prosecution of a person for an offence under a section of the Penal Code 1871 set out in the first column of the Second Schedule, it is proved that —(a)
the offence is committed in relation to nuclear material; and
(b)
the person knew that it was nuclear material,
then, in lieu of the term of imprisonment prescribed in that section, the person shall be liable to the term of imprisonment set out in the second column of that Schedule against that section.
[20/2014]
(2) Subsection (1) does not affect any liability of the person to, or the jurisdiction of the court to impose, any other punishment prescribed in that section of the Penal Code 1871.[26C
[20/2014]
Threat to commit certain offences
31.—(1) Any person who threatens to use nuclear material to cause —(a)
death or serious injury to any person; or
(b)
substantial damage to property,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.
[20/2014]
(2) Any person who threatens to commit, in relation to nuclear material —(a)
theft within the meaning of section 378 of the Penal Code 1871; or
(b)
robbery within the meaning of section 390 of the Penal Code 1871,
in order to compel a person, an international organisation, the Government or the government of a country to do or refrain from doing any act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.
[26D
[20/2014]
Use, etc., of nuclear material to cause damage to environment
32. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause substantial damage to the environment, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment.[26DA
[20/2014]
Acts against nuclear facilities
33.—(1) Any person who —(a)
commits an act that is directed against a nuclear facility, or that interferes with the operation of a nuclear facility; and
(b)
does so intending that the act will cause, or knowing that the act is likely to cause —(i)
death or serious injury to any person; or
(ii)
substantial damage to property or to the environment,
by exposure to radiation or release of radioactive substances,
shall be guilty of an offence.
[20/2014]
(2) Any person who is guilty of an offence under subsection (1) shall, on conviction —(a)
except in the cases mentioned in paragraphs (b) and (c), be liable to imprisonment for a term which may extend to life imprisonment;
(b)
if the person had intended to cause serious injury to any person knowing that the injury is likely to cause his or her death, and death is caused, be subject to the same punishment as an act under section 300(b) of the Penal Code 1871; or
(c)
if the person had intended to cause death to any person and death is caused, be subject to the same punishment as an act under section 300(a) of the Penal Code 1871.[26DB
[20/2014]
Threats to commit offence under section 32 or 33
34. Any person who threatens to —(a)
use nuclear material to cause substantial damage to the environment; or
(b)
commit an offence under section 33,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.
[26DC
[20/2014]
Export or import of nuclear material: extended jurisdiction
35.—(1) Any person who, outside Singapore —(a)
unlawfully exports nuclear material from one country to another; or
(b)
unlawfully imports nuclear material into one country from another,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
[20/2014]
(2) A person guilty of an offence under this section may be proceeded against, charged, tried and punished as if the offence is committed in Singapore.[20/2014]
(3) In subsection (1) —(a)
an export of nuclear material from a country; or
(b)
an import of nuclear material into a country,
is unlawful if it is contrary to any prohibition or restriction on the export or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country.
[20/2014]
(4) A statement in a certificate issued by or on behalf of the government of a country outside Singapore to the effect that a particular export or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, is prima facie evidence that the export or import is unlawful for the purposes of subsection (3).[26DD
[20/2014]
Information relating to offence
36.—(1) Any person in Singapore who has information which the person knows or believes may be of material assistance —(a)
in preventing the commission by another person of an offence to which this section applies; or
(b)
in securing the apprehension, prosecution or conviction of another person, in Singapore, for an offence involving the commission, preparation or instigation of an offence to which this section applies,
and who fails to disclose the information immediately to a police officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.
[20/2014]
(2) This section applies to the following offences:(a)
an offence under section 29, 32 or 33;
(b)
an offence specified in the Second Schedule committed in relation to any nuclear material.[20/2014]
(3) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section.[20/2014]
(4) A person who makes a disclosure in good faith under this section is not to be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct.[20/2014]
(5) To avoid doubt, this section does not affect sections 128, 128A and 129 of the Evidence Act 1893.[26E
[20/2014]
Extraterritoriality
37. Any person who, outside Singapore, commits an act that, if committed in Singapore, would constitute a nuclear offence is deemed to commit the act in Singapore and may be proceeded against, charged, tried and punished accordingly.[26F
[20/2014]
Assistance under Mutual Assistance in Criminal Matters Act 2000
38.—(1) For the purposes of providing assistance under Part 3 of the Mutual Assistance in Criminal Matters Act 2000 to a foreign country for a criminal matter involving a relevant offence of that country, the relevant offence is deemed not to be an offence of a political character.[20/2014]
(2) In this section —“criminal matter” has the meaning given by section 2(1) of the Mutual Assistance in Criminal Matters Act 2000;
“relevant offence”, in relation to a Convention country, means —(a)
an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a nuclear offence; or
(b)
an offence against the law of that country that consists of or includes conduct which would constitute a nuclear trafficking offence.[26G
[20/2014]
Extradition
39.—(1) All nuclear offences are deemed to be extradition offences for the purposes of Parts 3, 4 and 5 of the Extradition Act 1968.[20/2014]
[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.[20/2014]
[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.[20/2014]
[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.[20/2014]
[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.[20/2014]
(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 mentioned in paragraph (b).
[20/2014]
(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, or in any Order in Council mentioned in section 3 of that Act, 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.[20/2014]
[Act 17 of 2022 wef 01/07/2022]
(8) For the purposes of the Extradition Act 1968 —(a)
any act, wherever committed, which is a relevant offence of —(i)
a Convention country that is a declared Commonwealth territory; or[Act 17 of 2022 wef 01/07/2022]
(ii)
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.[20/2014]
(9) In this section —“declared Commonwealth territory” has the meaning given by the Extradition Act 1968;[Act 17 of 2022 wef 01/07/2022]
“relevant offence” —(a)
in relation to a Convention country that is a Party to the amendments adopted in Vienna on 8 July 2005 to the Nuclear Material Convention, means —(i)
an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore —(A)
constitute a nuclear offence; or
(B)
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; or
(ii)
an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would —(A)
constitute a nuclear trafficking offence; or
(B)
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; or
(b)
in relation to any other 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 would, if it took place in Singapore —(i)
constitute a nuclear offence, other than an offence under section 32, 33 or 34 or any offence mentioned in paragraph (c), (d) or (e) of the definition of “nuclear offence” in section 2(1) as it relates to any of those sections; or
(ii)
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.[26H
[20/2014]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
