s 9 Restrictions on surrender of persons to declared Commonwealth territories
9.—(1) Subject to sections 28(1) and 41(2) and any limitation, condition, exception or qualification mentioned in section 6(2), a person is not liable to be surrendered to a declared Commonwealth territory if the offence to which the request for his or her surrender relates —(a) is an offence of a political character; or (b) is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character. (2) A person is not liable to be surrendered to a declared Commonwealth territory unless —(a) provision is made by the law of, or of a part of, that territory; or (b) that territory has entered into an agreement with, or given an undertaking to, Singapore, by virtue of which the person will not, unless he or she has been returned, or has had an opportunity of returning, to Singapore — (c) be detained or tried in that declared Commonwealth territory for any offence that is alleged to have been committed, or was committed, before his or her surrender other than —(i) the offence to which the request for his or her surrender relates; (ii) any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or (iii) any other extradition offence in respect of which the Minister consents to the person being so detained or tried, as the case may be; or (d) be detained in that declared Commonwealth territory for the purpose of his or her being surrendered to another state or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to that declared Commonwealth territory other than —(i) any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or (ii) any other offence in respect of which the Minister could issue a warrant under this Part for the person’s surrender to that other state or territory and in respect of which the Minister consents to the person being so detained. (3) A person who —(a) is held in custody, or has been released on bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore; or (b) is undergoing a sentence for a conviction in Singapore, is not liable to be surrendered to a declared Commonwealth territory until he or she has been discharged from custody, or the bonds upon which he or she was released on bail have been discharged (as the case may be), whether as a result of his or her acquittal, on the expiry of his or her sentence, or otherwise. (4) A person is not liable to be surrendered to a declared Commonwealth territory in respect of an offence if he or she —(a) has been acquitted or pardoned by a competent tribunal or authority in any state or territory; or (b) has undergone the punishment provided by the law of, or of a part of, any state or territory, in respect of that offence or of another offence constituted by the same act or omission as that offence. (5) A person is not liable to be surrendered to a declared Commonwealth territory if the request for his or her surrender relates to an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore.[Act 17 of 2022 wef 01/07/2022]