s 10 Restriction on power of Minister to authorise apprehension, or order surrender, of fugitive
10.—(1) The Minister must not give a notice under section 11(1), or issue a warrant under section 19(2) or (8), in respect of a fugitive from a foreign State or declared Commonwealth territory, if the Minister has substantial grounds for believing that —(a) the request for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he or she would be liable to be surrendered to that State or territory, was made for the purpose of prosecuting or punishing him or her on account of his or her race, religion, sex, ethnic origin, nationality or political opinions; or (b) if the fugitive is surrendered to that State or territory, he or she may be prejudiced at his or her trial, or punished, detained or restricted in his or her personal liberty, by reason of his or her race, religion, sex, ethnic origin, 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; (c) the passage of time since the offence is alleged to have been committed or was committed; or (d) any other sufficient cause, 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 or her before the expiry of a particular period, the Minister must not give a notice under section 11(1) or issue a warrant under section 19(2) or (8) in respect of the fugitive, as the case may be. [Act 17 of 2022 wef 01/07/2022]