Topic 3 Jurisdiction and Implementation of Treaties

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SINGAPORE LEGAL SYSTEM 2009

PART I. INTERNATIONAL LAWAND SINGAPORE LAW

Topic 3. Jurisdiction and Implementation ofTreaties

.A Discussion Questions......................................................3

.B Criminal Jurisdiction under International Law...................4

.C General Rules of Criminal Jurisdiction in Singapore...........7.1 Supreme Court of Judicature Act (CAP 322), Section 15......................7.2 Penal Code, Sections 2 - 4...................................................................7

.D Implementation of Treaties by Singapore.........................8

.E Piracy under International Law and Singapore Law...........9.1 Piracy under the 1982 UN Convention on the Law of the Sea.............9.2 Piracy in the Singapore Penal Code.....................................................9

.F UN Counter-Terrorism Conventions and Singapore Law.. .10.1 1988 Convention for the Suppression of Unlawful Acts Against the

Safety of Maritime Navigation.........................................................10.2 Singapore Maritime Offences Act (Chapter 170B).............................15

.G Other Offences over which Singapore establishes Extra-Territorial Jurisdiction ..................................................21

.1 War Crimes: Statement of the Minister in Parliament on the SecondReading of the Geneva Conventions Bill on 7 March 1973..............21

.2 War Crimes: Geneva Conventions Act (Chapter 117)........................22

.3 Computer Misuse Act (Chapter 50A).................................................22

.4 Prevention of Corruption Act (Chapter 241)......................................23

.5 Misuse of Drugs Act (Chapter 185 )...................................................23

.6 Commercial Sex with minor under 18 ..............................................23

.H Genocide......................................................................24.1 1948 Convention on the Prevention and Punishment of the Crime of

Genocide.........................................................................................24.2 Note on Genocide..............................................................................25.3 Penal Code , Chapter VIV. Genocide .................................................26

.I Diplomatic Immunity .....................................................27.1 Ministers Statement in Parliament on Second Reading of the

Diplomatic and Consular Relations Bill in 2005...............................27.2 The Diplomatic and Consular Relations Act, Cap 82A .......................27

All Rights ReservedRobert Beckman 2009

These materials are for the sole use of students in the NUSFaculty of Law.

They are not to copied or circulated without the express

written permission of the author.


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Topic 3. Criminal Jurisdiction and the Implementation of Treaties Page 2

Singapore Legal System 2009 International Law &Singapore Law


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.A DISCUSSION QUESTIONS

Question 1. Ten members of an extremist group in Myanmar board a

cruise liner in Bangkok as fee-paying passengers. The cruise liner isregistered in Panama. When the ship is in the territorial sea of Malaysia,

the extremists hijack the ship, killing one crew member and injuring two

others. All of the injured crew members are nationals of the Philippines.

The hijackers threaten to blow up the cruise liner if the Myanmar

Government doesnt release Aung San Suu Kyi. An Indian warship

passing through the Malacca Strait hears the distress signal that was

issued from the ship when the hijacking took place.

Directions: Myanmar requests that the Indian warship use whatever

means is necessary to board the hijacked liner and arrest the

terrorist pirates. Advise the Captain of the Indian warship of his

options under international law. All the States concerned are parties

to the 1982 UN Convention on the Law of the Sea. India and the

Philippines are parties to the 1988 SUA Convention, but Malaysia,

Myanmar and Liberia are not.

Question 2. Reconsider the facts in Question 1, and add the followingadditional facts. One day after the hijacking, the crew and passengers

of the cruise liner re-take control of the ship. Two hijackers are killed,

and the remainder are taken into custody. The cruise liner continues on

its planned voyage and enters the port of Singapore, its next scheduled

port of call. The Captain requests that the Singapore Government take

custody of the hijackers. The Philippines demands that Singapore arrest

the hijackers and try them for piracy and murder. The Myanmar

Government demands that the Singapore authorities arrest the

hijackers and extradite them to Myanmar. The Thai Government

demands that the captain return to Bangkok with the hijackers so that

they can be tried in Thailand. The Panama Government sends a

message indicating that it believes that the ASEAN countries should

resolve the matter at the regional level since the evidence and

witnesses are in the region. The Malaysian Government is silent.

Directions: Advise the Singapore authorities on its options underinternational law. All the States concerned are parties to the 1982Convention except Thailand. Myanmar, the Philippines, and



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Singapore are parties to 1988 SUA, but Malaysia and Thailand arenot.

Further Directions: Consider how the situation would differ if all thecountries concerned were parties to 1988 SUA.

Question 3. Is Singapores extraterritorial jurisdiction for the offences

in Section G justified under the principle of criminal jurisdiction under

international law? Are there strong policy reasons for Singapores

extra-territorial reach in each of these cases?

Question 4. What is genocide and there universal jurisdiction for

genocide? If a Singapore and three Ruritania in acts of genocide in

Ruritania and they then enter Singapore, can Singapore arrest them

and try them for Genocide? Is Singapores national legislation on

genocide consistent with the principle of universal jurisdiction and with

the 1948 Convention?

Question 5. Why did Singapore ratify and implement the 1961 Vienna

Convention on Diplomatic Relations? Why do you think it waited so long

to become a party to the Convention? What is the rationale for

Singapore ratifying the 1961 Vienna Convention on Diplomatic Relations

in 2005. Wasnt it already binding on Singapore under customary

international law?

.B CRIMINAL JURISDICTION UNDER INTERNATIONALLAW

Jurisdiction refers to the power of a State to prescribe and enforce laws

through its national legal institutions. The justification for a State extending

its criminal and regulatory laws to particular activities is based on several

principles. Almost all States claim jurisdiction based on the territorial

principle, under which a State has jurisdiction over activities within its

territory. Some states also claim jurisdiction over activities outside its

territory which have an effect within its territory (the effects doctrine).

It is accepted that States can also claim jurisdiction based upon the

nationality principle, under which a State also may extend its jurisdiction

over the actions of its nationals when they are outside its territory. Most

European States whose legal systems are based on the civil law extend

their criminal law to cover their nationals while abroad. States whose legalsystems are based upon the English common law usually extend their



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criminal laws to the actions of their nationals while abroad only in

exceptional cases such as offences against the State and terrorist acts.

Almost all States claim jurisdiction under theprotective principle, under

which a State asserts jurisdiction over acts committed outside their territory

that are prejudicial to its security, such as treason, espionage, and certain

economic and immigration offences.

It is accepted that there is a narrow category of crimes over which

States may assert jurisdiction based upon the universality principle, under

whichall States have jurisdiction over offenders, no matter their nationality

and no matter where the offence was committed. There is universal

jurisdiction over crimes such as genocide and war crimes, giving any State

which the right to assume jurisdiction.

The most controversial basis for jurisdiction is the passive personality

principle, which establishes jurisdiction based on the nationality of the

victim. Very few States attempt to extend the reach of their criminal laws

to situations where there only link to the crime is that their national was the

victim.

Modern counter-terrorism treaties establish jurisdiction among State

Parties based on the presence of the offender within their territory. If

persons who are alleged to have committed the offence established in the

treaty (e.g., hijacking of an aircraft, terrorist bombing) are present in their

territory, a State Party to the treaty is under an obligation to take the

persons into custody, and to either prosecute them or extradite them to

another State Party that has jurisdiction over the offence.

In summary, the bottom line is that the assertion by a State of

jurisdiction over the acts of a foreign national outside its territory may benot be lawful under international law unless it has a clear justification for

doing so under the protective principle or the universality principle.

If two or more States have jurisdiction over a particular offence, they

are said to have concurrent jurisdiction. In such cases the State which is

most likely to prosecute the offender is the State which has custody over

him.

One of the fundamental principles of international law is that no State

may exercise jurisdiction in a place under the territorial sovereignty of



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another State. The police of one State cannot enter the territory of another

State to arrest a person who has committed a crime in their State. Also, if a

crime takes place in the territorial sea of a coastal State, no State other

than the coastal State my intercept and arrest the ship carrying the

offenders.

States enter into bilateral treaties to provide for the extradition of

alleged offenders from one State to another. The sending of an alleged

criminal to another State for investigation or prosecution in the absence of

an extradition treaty is referred to as rendition. This word was made

famous by the practice of the Bush administration in sending alleged

terrorists to third States for interrogation (or, as has been alleged, torture).



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.C GENERAL RULES OF CRIMINAL JURISDICTION INSINGAPORE

.1 SUPREME COURTOF JUDICATURE ACT (CAP 322), SECTION15

Section 15. Criminal jurisdiction

(1) The High Court shall have jurisdiction to try all offences committed:

(a) within Singapore;

(b) on board any ship or aircraft registered in Singapore;

(c) by any person who is a citizen of Singapore on the high seas or on anyaircraft;

(d) by any person on the high seas where the offence is piracy by the law ofnations;

(e) by any person within or outside Singapore where the offence is punishableunder and by virtue of the provisions of the Hijacking of Aircraft andProtection of Aircraft and International Airports Act (Cap. 124) or theMaritime Offences Act (Cap. 170B); and

(f) in any place or by any person if it is provided in any written law that theoffence is triable in Singapore. [10/78; 16/93; 26/2003]

.2 PENAL CODE, SECTIONS 2 - 4

Section 2. Punishment of offences committed within Singapore.

Every person shall be liable to punishment under this Code and not otherwise for everyact or omission contrary to the provisions thereof, of which he is guilty withinSingapore.

Section 3. Punishment of offences committed beyond, but which by law may be tried

within Singapore.

Any person liable by law to be tried for an offence committed beyond the limits ofSingapore, shall be dealt with according to the provisions of this Code for any actcommitted beyond Singapore, in the same manner as if such act had been committed

within Singapore.Section 4.Jurisdiction over public servants for offences committed outside Singapore

Every public servant who, being a citizen or a permanent resident of Singapore,when acting or purporting to act in the course of his employment, commits an act oromission outside Singapore that if committed in Singapore would constitute an offenceunder the law in force in Singapore, is deemed to have committed that act or omissionin Singapore. [51/2007]



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.D IMPLEMENTATION OF TREATIES BY SINGAPORE

Under international law a State becomes legally bound to comply with

the provisions in an international convention once it becomes a party andthe convention has entered into force. However, in States whose legal

systems are based on the common law, a treaty does not automatically

become part of the domestic law of that State. Usually a State must pass

new legislation or amend existing legislation in order to comply with its

obligations under the convention and makes its provisions part of its

domestic law. Once such legislation has been enacted, the treaty will be

part of the domestic law of that State. The legislation to make treaty

obligations part of the domestic law of the State is commonly referred to as

implementing legislation.

The practice of Singapore in implementing international conventions

by making them part of Singapore law varies. In some cases, the

implementing legislation is very short, and the international treaty is

included in the legislation as a Schedule to the Act. For example, the four

1949 Geneva Conventions on the Laws of War were made part of Singapore

law by virtue of the Geneva Conventions Act (Cap. 117). The Act is very

short. Its key provision is to make grave breaches of the conventions

crimes under Singapore law. The full text of each of the conventions is

included as a Schedule to the Act.

Similarly, the Sale of Goods (United Nations Convention) Act (Cap.

283) give effect in Singapore to the United Nations Convention on Contracts

for the International Sale of Goods concluded at Vienna on 11th April 1980.

The Act provides that the Convention will apply to contracts of sale of goods

only between those parties whose places of business are in different states

when the States are Contracting States.

More commonly, legislation is enacted or amended which modifies

Singapore law to the extent required by the international convention, and

the name of the convention is referred to in the implementing legislation,

but the convention is not included as a schedule to the Act.



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.E PIRACY UNDER INTERNATIONAL LAW ANDSINGAPORE LAW

.1 PIRACYUNDERTHE 1982 UN CONVENTIONONTHE LAWOFTHE SEA

Article 101. Definition of piracy

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation,committed for private ends by the crew or the passengers of a private ship or a

private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against personsor property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside thejurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraftwith knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act described insubparagraph (a) or (b).

Article 103. Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in

dominant control to be used for the purpose of committing one of the acts referred to inarticle 101. The same applies if the ship or aircraft has been used to commit any suchact, so long as it remains under the control of the persons guilty of that act.

Article 105. Seizure of a pirate ship or aircraft

On the high seas, or in any other place outside the jurisdiction of any State, every Statemay seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under thecontrol of pirates, and arrest the persons and seize the property on board. The courts ofthe State which carried out the seizure may decide upon the penalties to be imposed,and may also determine the action to be taken with regard to the ships, aircraft or

property, subject to the rights of third parties acting in good faith.

Article 58. Rights and duties of other States in the exclusive economic zone

2. Articles 88 to 115 and other pertinent rules of international law apply to theexclusive economic zone in so far as they are not incompatible with this Part.

.2 PIRACYINTHE SINGAPORE PENAL CODE

Section 130B. Piracy by law of nations.

(1) A person commits piracy who does any act that, by the law of nations, is piracy.

(2) Whoever commits piracy shall be punished with imprisonment for life and withcaning with not less than 12 strokes, but if while committing or attempting to commit



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piracy he murders or attempts to murder another person or does any act that is likely toendanger the life of another person he shall be punished with death.

Act 35/93.

Section 130C. Piractical acts.

Whoever, while in or out of Singapore

(a) steals a Singapore ship;

(b) steals or without lawful authority throws overboard, damages or destroysanything that is part of the cargo, supplies or fittings in a Singapore ship;

(c) does or attempts to do a mutinous act on a Singapore ship; or

(d) counsels or procures a person to do anything mentioned in paragraph (a),(b) or (c),

shall be punished with imprisonment for a term not exceeding 10 years and shall beliable to caning. Act 35/93.

.F UN COUNTER-TERRORISM CONVENTIONS ANDSINGAPORE LAW

.1 1988 CONVENTIONFORTHE SUPPRESSIONOF UNLAWFULACTS AGAINSTTHE SAFETYOF MARITIME NAVIGATION

Article 1

For the purposes of this Convention, "ship" means a vessel of any type whatsoevernot permanently attached to the sea-bed, including dynamically supported craft,

submersibles, or any other floating craft.

Article 2

1. This Convention does not apply to:

a. a warship; or

b. a ship owned or operated by a State when being used as a naval auxiliary

or for customs or police purposes; or

c. a ship which has been withdrawn from navigation or laid up.

2. Nothing in this Convention affects the immunities of warships and other

government ships operated for non-commercial purposes.

Article 3

1. Any person commits an offence if that person unlawfully and intentionally:

a. seizes or exercises control over a ship by force or threat thereof or any

other form of intimidation; or

b. performs an act of violence against a person on board a ship if that act is

likely to endanger the safe navigation of that ship; or

c. destroys a ship or causes damage to a ship or to its cargo which is likely to

endanger the safe navigation of that ship; or



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d. places or causes to be placed on a ship, by any means whatsoever, a device

or substance which is likely to destroy that ship, or cause damage to that

ship or its cargo which endangers or is likely to endanger the safe

navigation of that ship; or

e. destroys or seriously damages maritime navigational facilities or seriouslyinterferes with their operation, if any such act is likely to endanger the safe

navigation of a ship; or

f. communicates information which he knows to be false, thereby

endangering the safe navigation of a ship; or

g. injures or kills any person, in connection with the commission or the

attempted commission of any of the offences set forth in subparagraphs (a)

to (f).

2. Any person also commits an offence if that person:

a. attempts to commit any of the offences set forth in paragraph 1; or

b. abets the commission of any of the offences set forth in paragraph 1

perpetrated by any person or is otherwise an accomplice of a person who

commits such an offence; or

c. threatens, with or without a condition, as is provided for under national

law, aimed at compelling a physical or juridical person to do or refrain

from doing any act, to commit any of the of fences set forth in paragraph 1,

subparagraphs (b), (c) and (e), if that threat is likely to endanger the safe

navigation of the ship in question.

Article 4

1. This Convention applies if the ship is navigating of is scheduled to navigate into,

through or from waters beyond the outer limit of the territorial sea of a single State,

or the lateral limits of its territorial sea with adjacent States.

2. In cases where the Convention does not apply pursuant to paragraph 1, it

nevertheless applies when the offender or the alleged offender is found in the

territory of a State Party other than the State referred to in paragraph 1.

Article 5

Each State Party shall make the offences set forth in article 3 punishable byappropriate penalties which take into account the grave nature of those offences.

Article 6

1. Each State Party shall take such measures as may be necessary to establish its

jurisdiction over the offences set forth in article 3 when the offence is committed:

a. against or on board a ship flying the flag of the State at the time the offence

is committed; or

b. in the territory of that State, including its territorial sea; or

c. by a national of that State.



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2. A State Party may also establish its jurisdiction over any such offence when:

a. it is committed by a stateless person whose habitual residence is in that

State; or

b. during its commission a national of that State is seized, threatened, injured

or killed; or

c. it is committed in an attempt to compel that State to do or abstain from

doing any act.

3. Any State Party which has established jurisdiction mentioned in paragraph 2 shall

notify the Secretary-General of the International Maritime Organization

(hereinafter referred to as "the Secretary-General"). If such State Party

subsequently rescinds that jurisdiction, it shall notify the Secretary-General.

4. Each State Party shall take such measures as may be necessary to establish its

jurisdiction over the offences set forth in article 3 in cases where the alleged

offender is present in its territory and it does not extradite him to any of theStates Parties which have established their jurisdiction in accordance with

paragraphs 1 and 2 of this article.

5. This Convention does not exclude any criminal jurisdiction exercised in

accordance with national law.

Article 7

1. Upon being satisfied that the circumstances so warrant, any State Party in the

territory of which the offender or the alleged offender is present shall, in

accordance with its law, take him into custody or take other measures to ensure his

presence for such time as is necessary to enable any criminal or extradition

proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts, in

accordance with its own legislation.

3. Any person regarding whom the measures referred to in paragraph 1 are being

taken shall be entitled to:

a. communicate without delay with the nearest appropriate representative of

the State of which he is a national or which is otherwise entitled to

establish such communication or, if he is a stateless person, the State in the

territory of which he has his habitual residence;

b. be visited by a representative of that State.

4. The rights referred to in paragraph 3 shall be exercised in conformity with the laws

and regulations of the State in the territory of which the offender or the alleged

offender is present, subject to the proviso that the said laws and regulations must

enable full effect to be given to the purposes for which the rights accorded under

paragraph 3 are intended.

5. When a State Party, pursuant to this article, has taken a person into custody, it shall

immediately notify the States which have established jurisdiction in accordance

with article 6, paragraph 1 and, if it considers it advisable, any other interested

States, of the fact that such person is in custody and of the circumstances which



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warrant his detention. The State which makes the preliminary inquiry contemplated

in paragraph 2 of this article shall promptly report its findings to the said States and

shall indicate whether it intends to exercise jurisdiction.

Article 8

1. The master of a ship of a State Party (the "flag State") may deliver to the

authorities of any other State Party (the "receiving State") any person who he has

reasonable grounds to believe has committed one of the offences set forth in article

3.

2. The flag State shall ensure that the master of its ship is obliged, whenever

practicable, and if possible before entering the territorial sea of the receiving State

carrying on board any person whom the master intends to deliver in accordance

with paragraph 1, to give notification to the authorities of the receiving State of his

intention to deliver such person and the reasons therefor.

3. The receiving State shall accept the delivery, except where it has grounds toconsider that the Convention is not applicable to the acts giving rise to the delivery,

and shall proceed in accordance with the provisions of article 1. Any refusal to

accept a delivery shall be accompanied by a statement of the reasons for refusal.

4. The flag State shall ensure that the master of its ship is obliged to furnish the

authorities of the receiving State with the evidence in the master's possession

which pertains to the alleged offence.

5. A receiving State which has accepted the delivery of a person in accordance with

paragraph 3 may, in turn, request the flag State to accept delivery of that person.

The flag State shall consider any such request, and if it accedes to the request it

shall proceed in accordance with article 7. If the flag State declines a request, it

shall furnish the receiving State with a statement of the reasons therefor.

Article 9

Nothing in this Convention shall affect in any way the rules of international lawpertaining to the competence of States to exercise investigative or enforcementjurisdiction on board ships not flying their flag.

Article 10

1. The State Party in the territory of which the offender or the alleged offender is

found shall, in cases to which article 6 applies, if it does not extradite him, beobliged, without exception whatsoever and whether or not the offence was

committed in its territory, to submit the case without delay to its competent

authorities for the purpose of prosecution, through proceedings in accordance with

the laws of that State. Those authorities shall take their decision in the same

manner as in the case of any other offence of a grave nature under the law of that

State.

2. Any person regarding whom proceedings are being carried out in connection with

any of the offences set forth in article 3 shall be guaranteed fair treatment at all

stages of the proceedings, including enjoyment of all the rights and guarantees

provided for such proceedings by the law of the State in the territory of which he is

present.



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Article 11

1. The offences set forth in article 3 shall be deemed to be included as extraditable

offences in any extradition treaty existing between any of the States Parties. States

Parties undertake to include such offences as extraditable offences in every

extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty

receives a request for extradition from another State Party with which it has no

extradition treaty, the requested State Party may, at its option, consider this

Convention as a legal basis for extradition in respect of the offences set forth in

article 3. Extradition shall be subject to the other conditions provided by the law of

the requested State Party.

3. States Parties which do not make extradition conditional on the existence of a

treaty shall recognize the offences set forth in article 3 as extraditable offences

between themselves, subject to the conditions provided by the law of the requested

State.

4. If necessary, the offences set forth in article 3 shall be treated, for the purposes of

extradition between States Parties, as if they had been committed not only in the

place in which they occurred but also in a place within the jurisdiction of the State

Party requesting extradition.

5. A State Party which receives more than one request for extradition from States

which have established jurisdiction in accordance with article 7 and which decides

not to prosecute shall, in selecting the State to which the offender or alleged

offender is to be extradited, pay due regard to the interests and responsibilities of

the State Party whose flag the ship was flying at the time of the commission of theoffence.

6. In considering a request for the extradition of an alleged offender pursuant to this

Convention, the requested State shall pay due regard to whether his rights as set

forth in article 7, paragraph 3, can be effected in the requesting State.

7. With respect to the offences as defined in this Convention, the provisions of all

extradition treaties and arrangements applicable between States Parties are

modified as between States Parties to the extent that they are incompatible with this

Convention.

Article 12

1. State Parties shall afford one another the greatest measure of assistance in

connection with criminal proceedings brought in respect of the offences set forth in

article 3, including assistance in obtaining evidence at their disposal necessary for

the proceedings.

2. States Parties shall carry out their obligations under paragraph 1 in conformity with

any treaties on mutual assistance that may exist between them. In the absence of

such treaties, States Parties shall afford each other assistance in accordance with

their national law.



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Article 13

1. States Parties shall co-operate in the prevention of the offences set forth in article

3, particularly by:

a. taking all practicable measures to prevent preparations in their respective

territories for the commission of those offences within or outside theirterritories;

b. exchanging information in accordance with their national law, and co-

ordinating administrative and other measures taken as appropriate to

prevent the commission of offences set forth in article 3.

2. When, due to the commission of an offence set forth in article 3, the passage of a

ship has been delayed or interrupted, any State Party in whose territory the ship or

passengers or crew are present shall be bound to exercise all possible efforts to

avoid a ship, its passengers, crew or cargo being unduly detained or delayed.

Article 14

Any State Party having reason to believe that an offence set forth in article 3 will becommitted shall, in accordance with its national law, furnish as promptly as possibleany relevant information in its possession to those States which it believes would bethe States having established jurisdiction in accordance with article 6.

.2 SINGAPORE MARITIME OFFENCES ACT (CHAPTER 170B)

Section 1. Short title

This Act may be cited as the Maritime Offences Act.

Section 2. Interpretation

In this Act, unless the context otherwise requires

act of violence means

(a) any act done in Singapore which constitutes the offence of murder,attempted murder, culpable homicide not amounting to murder, voluntarilycausing grievous hurt, voluntarily causing hurt by dangerous weapons ormeans, or which constitutes an offence under

(i) section 4 of the Arms Offences Act (Cap. 14);

(ii) section 3 or 4 of the Corrosive and Explosive Substances andOffensive Weapons Act (Cap. 65);

(iii) section 3 or 4 of the Explosive Substances Act (Cap. 100); or

(iv) section 3 of the Kidnapping Act (Cap. 151); and

(b) any act done outside Singapore which, if done in Singapore, wouldconstitute an offence referred to in paragraph (a);

Convention means the Convention for the Suppression of Unlawful Acts against theSafety of Maritime Navigation done in Rome on 10th March 1988;

Convention country means a country in respect of which the Convention is in force;

country includes any territory;naval service includes military and air force services;



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relevant maritime offence means

(a) an offence under section 3, 4, 5 or 6;

(b) conspiracy to commit any of those offences;

(c) inciting another to commit any of those offences;

(d) attempting to commit any of those offences; or

(e) aiding, abetting, counselling or procuring the commission of any of thoseoffences;

ship means any vessel (including hovercraft, submersible craft and other floatingcraft) other than one which

(a) permanently rests on, or is permanently attached to, the seabed; or

(b) has been withdrawn from navigation or laid up;

unlawfully

(a) in relation to the commission of an act in Singapore, means so as (apartfrom this Act) to constitute an offence under any written law in force inSingapore; and

(b) in relation to the commission of an act outside Singapore, means so that thecommission of the act would (apart from this Act) have been an offence underany written law in force in Singapore if it had been committed in Singapore.

Section 3. Hijacking of ships

(1) Subject to subsection (2), any person who unlawfully, by the use of force or bythreats of any kind, seizes a ship or exercises control of a ship, shall be guilty of anoffence, whatever his nationality or citizenship, whatever the state in which the ship is

registered and whether the ship is in Singapore or elsewhere.(2) Subsection (1) shall not apply to any act committed in relation to a warship, or anyother ship used as a naval auxiliary or in customs or law enforcement service, unless

(a) the person seizing or exercising control of the ship is a citizen of Singapore;

(b) the act is committed in Singapore; or

(c) the ship is used in the naval, customs or law enforcement service ofSingapore.

Section 4. Destroying or damaging ships, etc.

(1) Subject to subsection (5), any person who unlawfully and intentionally

(a) destroys a ship;

(b) damages a ship or its cargo so as to endanger, or to be likely to endanger,the safe navigation of the ship; or

(c) commits on board a ship an act of violence which is likely to endanger thesafe navigation of the ship,

shall be guilty of an offence.

(2) Subject to subsection (5), any person who unlawfully and intentionally places, orcauses to be placed, on a ship any device or substance which is likely to destroy theship or is likely so to damage it or its cargo as to endanger its safe navigation shall be

guilty of an offence.



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(3) Nothing in subsection (2) shall be construed as limiting the circumstances in whichthe commission of any act may

(a) constitute an offence under subsection (1); or

(b) constitute attempting or conspiring to commit or aiding, abetting,counselling, procuring or inciting the commission of the offence.

(4) Except as provided in subsection (5), subsections (1) and (2) shall apply whetherany act referred to in those subsections is committed in Singapore or elsewhere,whatever the nationality or citizenship of the person committing the act and whateverthe state in which the ship is registered.

(5) Subsections (1) and (2) shall not apply to any act committed in relation to awarship, or any other ship used as a naval auxiliary or in customs or law enforcementservice, unless

(a) the person committing the act is a citizen of Singapore;



Section 5. Otheracts endangering or likely to endanger safe navigation

(1) Subject to subsection (6), any person who unlawfully and intentionally

(a) destroys or damages any property to which this section applies; or

(b) seriously interferes with the operation of that property,

where the destruction, damage or interference is likely to endanger the safenavigation of a ship, shall be guilty of an offence.

(2) Subsection (1) shall apply to any property used for the provision of maritime

navigation facilities, including any land, building or ship so used, and including anyapparatus or equipment so used, whether the property is on board a ship or elsewhere.

(3) Subject to subsection (6), any person who intentionally communicates anyinformation which is false in a material particular, where the communication of theinformation endangers the safe navigation of a ship, shall be guilty of an offence.

(4) It shall be a defence for a person charged with an offence under subsection (3) toprove that

(a) he believed, and had reasonable grounds for believing, that the informationwas true; or

(b) when he communicated the information, he was lawfully employed to

perform duties which consisted of or included the communication ofinformation and that he communicated the information in good faith in the

performance of those duties.


(6) Subsections (1) and (3) shall not apply to any act committed in relation to awarship, or any other ship used as a naval auxiliary or in customs or law enforcementservice, unless

(a) the person committing the act is a citizen of Singapore;




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Section 6. Offences involving threats

(1) A person shall be guilty of an offence if

(a) in order to compel any other person to do or abstain from doing any act, hethreatens that he or some other person will do in relation to any ship an actwhich is an offence under section 4 (1); and

(b) the making of that threat is likely to endanger the safe navigation of theship.

(2) Subject to subsection (4), a person shall be guilty of an offence if

(a) in order to compel any other person to do or abstain from doing any act, hethreatens that he or some other person will do an act which is an offence undersection 5 (1); and

(b) the making of that threat is likely to endanger the safe navigation of anyship.


(4) Section 4 (5) shall apply for the purposes of subsection (1) as it applies for thepurposes of section 4(1); and section 5 (6) shall apply for the purposes of subsection(2) as it applies for the purposes of section 5 (1).

Section 7. Ancillary offences

(1) Any act of violence done by any person in connection with an offence under section3, 4 or 5 committed or attempted to be committed by him shall be deemed to have

been committed in Singapore and shall constitute an offence punishable under the lawin force in Singapore applicable to it, wherever the act of violence was committed,whatever the state in which the ship concerned is registered (if any), and whatever thenationality or citizenship of the person committing or attempting to commit the act.

(2) Subsection (1) is without prejudice to section 180 of the Merchant Shipping Act(Cap. 179).

(3) Any person in Singapore who abets the commission elsewhere of any act whichwould

(a) but for section 3 (2), be an offence under that section;(b) but for section 4 (5), be an offence under that section;

(c) but for section 5 (6), be an offence under that section; or

(d) but for section 6 (4), be an offence under that section,


Section 8. Masters power of delivery

(1) This section shall have effect for the purposes of any proceedings before any courtin Singapore.

(2) If the master of a ship, wherever that ship may be, and whatever the state in whichit is registered, has reasonable grounds to believe that any person on board the ship has



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committed any relevant maritime offence in relation to any ship other than a warship orother ship used as a naval auxiliary or in customs or law enforcement service, he maydeliver that person to an appropriate officer in Singapore.

(3) The master of a ship registered in Singapore may, in the circumstances referred toin subsection (2), also deliver the person concerned to an appropriate officer of any

other Convention country.

(4) Where the master of a ship intends to deliver any person under subsection (2) or(3), he shall give notification in the prescribed form to an appropriate officer in thatcountry

(a) of his intention to deliver that person to an appropriate officer in thatcountry; and

(b) of his reasons for intending to do so.

(5) Any notification under subsection (4) shall be given

(a) before the ship in question enters the territorial waters of that country; or

(b) if in the circumstances it is not reasonably practicable to comply withparagraph (a), as soon as reasonably practicable after the ship has entered theterritorial waters of that country.

(6) Where the master of a ship delivers any person to an appropriate officer inSingapore under subsection (2) or any other Convention country under subsection (3),he shall

(a) make to an appropriate officer in that country such oral or writtenstatements relating to the alleged offence as that officer may reasonablyrequire; and

(b) deliver to an appropriate officer in that country such other evidence relating

to the alleged offence as is in the master's possession.(7) The master of a ship who, without reasonable excuse, contravenes subsection (4) or(6) shall be guilty of an offence and shall be liable on conviction to a fine notexceeding $5,000.

(8) It is a defence for the master of a ship charged with an offence under subsection (7)for a contravention of subsection (4) to show that

(a) he believed on reasonable grounds that the giving of a notification wouldendanger the safety of the ship; and

(b) except where the country concerned is Singapore

(i) he had notified some other competent authority in the countryconcerned within the time required by subsection (5); or

(ii) he had believed on reasonable grounds that the giving of anotification to any competent authority in that country would endangerthe safety of the ship.

(9) In this section

appropriate officer means

(a) in relation to Singapore

(i) for the purpose of subsection (2) or (6), such public officeras the Minister may by order prescribe; or



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(ii) for the purpose of receiving a notification referred to insubsection (4), the Port Master within the meaning of theMaritime and Port Authority of Singapore Act (Cap. 170A); or

(b) in relation to any other Convention country, an officer designatedby that country to carry out the relevant duty of an appropriate officer

under this section; master has the same meaning as in the MerchantShipping Act (Cap. 179).

Section 9. General penalties

(1) Any person guilty of an offence under this Act for which no penalty is expresslyprovided shall be liable on conviction to be punished with imprisonment for life.

(2) For the avoidance of doubt, subsection (1) shall not apply to any act whichconstitutes an offence punishable under the law in force in Singapore applicable to it byvirtue of section 7 (1).

Section 10. Consent for prosecution

(1) No prosecution shall be instituted under this Act without the written consent of thePublic Prosecutor.

(2) Notwithstanding that consent has not been given in relation to the offence inaccordance with subsection (1)

(a) a person may be arrested for an offence under this Act;

(b) a warrant for the arrest of any person in respect of any offence under thisAct may be issued and executed;

(c) a person may be charged with an offence under this Act; and

(d) a person charged with any offence under this Act may be remanded in

custody or granted bail,

but no further steps in the proceedings in relation to the offence shall be taken until theconsent of the Public Prosecutor has been obtained.

Section 11. Extradition

(1) Relevant maritime offences are deemed to be included in the list of extraditioncrimes described in the First Schedule to the Extradition Act (Cap. 103).

(2) Subject to subsection (3), where no extradition treaty is in force between Singaporeand a Convention country, a notification in the Gazette under section 4 of theExtradition Act may be made applying that Act as if there were an extradition treaty

between Singapore and that country.(3) Where the Extradition Act is applied under subsection (2), the Extradition Act shall,subject to subsection (4), have effect as if the only extradition crimes within themeaning of that Act were relevant maritime offences.

(4) Subsection (2) is without prejudice to any other notification made under section 4of the Extradition Act.

(5) For the purposes of the Extradition Act, any act, wherever committed, which

(a) is a relevant maritime offence, or would be such an offence but for section3 (2), 4 (5), 5 (6) or 6 (4) of this Act; and

(b) is an offence against the law of any country in the case of which theExtradition Act (Cap. 103) has been applied by a notification in the Gazettemade under section 4 of that Act,



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shall be deemed to be an offence within the jurisdiction of that country.

.G OTHER OFFENCES OVER WHICH SINGAPOREESTABLISHES EXTRA-TERRITORIAL JURISDICTION

.1 WAR CRIMES: STATEMENTOFTHE MINISTERIN PARLIAMENTONTHE SECOND READINGOFTHE GENEVA CONVENTIONSBILLON 7 MARCH 1973

The Minister for Health and Home Affairs (Mr Chua Sian Chin):

Mr. Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Geneva Convention Bill is to give effect in Singapore to the four Conventionsadopted at the Diplomatic Conference of Plenipotentiaries held in Geneva in 1949. It isthe intention of the Singapore Government to accede to the four Conventions, the texts

of which are set out in the Schedules to the Bill.

To-date, the Conventions have been acceded to by 132 countries. It is considereddesirable that Singapore should now formally join in with those countries in upholdingthe fundamental objective of the Conventions, which is the observance of certain

principles of human rights in situations of armed conflict.

Broadly, the Conventions lay down basic humanitarian rules, which should beobserved by all contracting parties, in all cases of declared war or of any other armedconflict which may arise between two or more of the contracting parties, even if thestate of war is not recognised by one of them. They also apply to all cases of partial ortotal occupation of the territory of a contracting party, even if such occupation meetswith no armed resistance.

The first Convention deals with the amelioration of the condition of the woundedand sick of the armed forces in the field. The second Convention deals with theamelioration of the condition of wounded, sick and shipwrecked members of armedforces at sea. The third Convention deals with the treatment of prisoners of war. Thelast Convention deals with the protection of civilian persons in time of war.

The Conventions specify that persons taking no active part in hostilities and thoseout of action due to illness, wounds, captivity or any other cause, should be humanelytreated and protected against inhuman treatment, and that those who suffer should begiven relief and care without distinction.

The Conventions also lay down certain minimum standards which contracting

parties should also observe in the case of an armed conflict not of an internationalcharacter occurring in the territory of one contracting party.

However, the Conventions should in no way prevent a state from exercising itsrights of sovereignty and punishing, on the basis of its own national law, any personguilty of undermining the security of the state.

In accordance with the obligations prescribed in the Conventions, this Bill makesit an offence punishable with life or up to 14 years' imprisonment for any person tocommit any of the grave breaches set out in the Conventions. The Bill also contains

procedural safeguards for the trial and defence of a protected prisoner of war, aprotected internee or a person accused of grave breaches set out in the Conventions.

With the formal accession by Singapore to the four Conventions and theincorporation of the Singapore Red Cross Society by an Act of Parliament, theSingapore Red Cross Society will now be able to take its place in the League of Red



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Cross Societies at Geneva and participate with other national Red Cross Societies inthe affairs of the League.

Mr Speaker, Sir, I beg to move.

.2 WAR CRIMES: GENEVA CONVENTIONS ACT (CHAPTER 117)Section 3. Grave breaches of scheduled Conventions

(1) Any person, whatever his citizenship or nationality, who, whether in or outsideSingapore, commits, aids, abets or procures the commission by any other person of anysuch grave breach of any scheduled Convention as is referred to in the followingArticles respectively of those Conventions:

(a) Article 50 of the Convention set out in the First Schedule;

(b) Article 51 of the Convention set out in the Second Schedule;

(c) Article 130 of the Convention set out in the Third Schedule; or

(d) Article 147 of the Convention set out in the Fourth Schedule,

shall be guilty of an offence and shall be liable on conviction

(i) in the case of such a grave breach involving the wilful killing of aperson protected by the Convention in question, to imprisonment forlife;

(ii) in the case of any other such grave breach, to imprisonment for aterm not exceeding 14 years.

(2) In the case of an offence under this section committed outside Singapore, a personmay be proceeded against, charged, tried and punished therefor in any place inSingapore as if the offence had been committed in that place, and the offence shall, forall purposes incidental to or consequential on the trial or punishment thereof, bedeemed to have been committed in that place.

Note: The Conventions set out in the Schedule are the four 1949Geneva Conventions:

.3 COMPUTER MISUSE ACT (CHAPTER 50A)

Section 11. Territorial scope of offences under this Act

(1) Subject to subsection (2), the provisions of this Act shall have effect, in relation toany person, whatever his nationality or citizenship, outside as well as within Singapore.

(2) Where an offence under this Act is committed by any person in any place outsideSingapore, he may be dealt with as if the offence had been committed withinSingapore.

(3) For the purposes of this section, this Act shall apply if, for the offence in question

(a) the accused was in Singapore at the material time; or

(b) the computer, program or data was in Singapore at the material time.



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.4 PREVENTIONOF CORRUPTION ACT (CHAPTER 241)

Section 37. Liability of citizens of Singapore for offences committed outside Singapore

(1) The provisions of this Act have effect, in relation to citizens of Singapore, outsideas well as within Singapore; and where an offence under this Act is committed by a

citizen of Singapore in any place outside Singapore, he may be dealt with in respect ofthat offence as if it had been committed within Singapore.

(2) Any proceedings against any person under this section which would be a bar tosubsequent proceedings against that person for the same offence, if the offence had

been committed in Singapore, shall be a bar to further proceedings against him, underany written law for the time being in force relating to the extradition of persons, inrespect of the same offence outside Singapore.

.5 MISUSEOF DRUGS ACT (CHAPTER 185 )

Section 8A. Consumption of drug outside Singapore by citizen or permanent resident(1) Section 8(b) shall have effect in relation to a person who is a citizen or a permanentresident of Singapore outside as well as within Singapore where he is found as a resultof urine tests conducted under section 31(4)( b) to have smoked, administered tohimself or otherwise consumed a controlled drug or a specified drug. [20/98;2/2006]

(2) Where an offence under section 8(b) is committed by a person referred to insubsection (1) in any place outside Singapore, he may be dealt with as if that offencehad been committed within Singapore.

.6 COMMERCIAL SEXWITHMINORUNDER 18

Section 376B. Commercial sex with minor under 18 C

(1) Any person who obtains for consideration the sexual services of a person, who isunder 18 years of age, shall be punished with imprisonment for a term which mayextend to 7 years, or with fine, or with both.

(2) Any person who communicates with another person for the purpose of obtaining forconsideration, the sexual services of a person who is under 18 years of age, shall be

punished with imprisonment for a term which may extend to 2 years, or with fine, orwith both.

(3) No person shall be guilty of an offence under this section for any sexual servicesobtained from that persons spouse.

(4) In this section, sexual services means any sexual services involving

(a) sexual penetration of the vagina or anus, as the case may be, of a person bya part of another persons body (other than the penis) or by anything else; or

(b) penetration of the vagina, anus or mouth, as the case may be, of a person bya mans penis. [51/2007]

Section 376C. Commercial sex with minor under 18 outside Singapore

(1) Any person, being a citizen or a permanent resident of Singapore, whodoes, outside Singapore, any act that would, if done in Singapore, constitute an offence

under section 376B, shall be guilty of an offence.



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(2) A person who is guilty of an offence under this section shall be liable to the samepunishment to which he would have been liable had he been convicted of an offenceunder section 376B. [51/2007]

Section 376D. Tour outside Singapore for commercial sex with minor under 18

(1) Any person who

(a) makes or organises any travel arrangements for or on behalf of any otherperson with the intention of facilitating the commission by that other person ofan offence under section 376C, whether or not such an offence is actuallycommitted by that other person;

(b) transports any other person to a place outside Singapore with the intentionof facilitating the commission by that other person of an offence under section376C, whether or not such an offence is actually committed by that other

person; or

(c) prints, publishes or distributes any information that is intended to promoteconduct that would constitute an offence under section 376C, or to assist any

other person to engage in such conduct,


(2) For the purposes of subsection (1)(c), the publication of information meanspublication of information by any means, whether by written, electronic, or other formof communication.

(3) A person who is guilty of an offence under this section shall be punished withimprisonment for a term which may extend to 10 years, or with fine, or with both.

[51/2007

.H GENOCIDE

.1 1948 CONVENTIONONTHE PREVENTIONAND PUNISHMENTOFTHE CRIMEOF GENOCIDE

Adopted by General Assembly Resolution 260 A (III) on 9 December 1948

Entry into force 12 January 1951

Article 1

The Contracting Parties confirm that genocide, whether committed in time of peace or

in time of war, is a crime under international law which they undertake to prevent andto punish.

Article 2

In the present Convention, genocide means any of the following acts committed with

intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as

such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring

about its physical destruction in whole or in part;



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(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Article 3

The following acts shall be punishable:

(a) Genocide;

(b) Conspiracy to commit genocide;

(c) Direct and public incitement to commit genocide;

(d ) Attempt to commit genocide;

(e) Complicity in genocide.

Article 4

Persons committing genocide or any of the other acts enumerated in article III shall be

punished, whether they are constitutionally responsible rulers, public officials or

private individuals.

Article 5

The Contracting Parties undertake to enact, in accordance with their respective

Constitutions, the necessary legislation to give effect to the provisions of the present

Convention, and, in particular, to provide effective penalties for persons guilty of

genocide or any of the other acts enumerated in article III.

Article 6

Persons charged with genocide or any of the other acts enumerated in article III shall be

tried by a competent tribunal of the State in the territory of which the act was

committed, or by such international penal tribunal as may have jurisdiction withrespect to those Contracting Parties which shall have accepted its jurisdiction.

Article 7

Genocide and the other acts enumerated in article III shall not be considered as political

crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition in

accordance with their laws and treaties in force.

.2 NOTEON GENOCIDE

It is generally accepted that there is universal jurisdiction for genocide.

However, many States have not enacted legislation giving their courts

jurisdiction over acts of genocide committed outside its territory, especially

if the persons committing the acts were not its nationals. Although Article 6

envisaged the establishment of an international tribunal to try persons for

genocide no international tribunals were established until special tribunals

were established by the UN Security Council to try acts of genocide in the

former Yugoslavia, Rwanda, Cambodia, etc. In 1998 an international treaty

establishing an International Criminal Court was adopted. The crimes within



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the jurisdiction of the ICC are set out in Article 5 of the agreement, known

as the Rome Statute, which reads as follows:

1. The jurisdiction of the Court shall be limited to the mostserious crimes of concern to the international community as a

whole. The Court has jurisdiction in accordance with thisStatute with respect to the following crimes:

(a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.

2. The Court shall exercise jurisdiction over the crime ofaggression once a provision is adopted in accordance witharticles 121 and 123 defining the crime and setting out the

conditions under which the Court shall exercise jurisdictionwith respect to this crime. Such a provision shall be consistentwith the relevant provisions of the Charter of the UnitedNations.

The definition of genocide in the Rome Statute is exactly the same as in the

1948 Convention.

The Rome Statute was adopted on 17 July 1998 and entered into force

on 1 July 2002. As of 5 August 2009, 110 States are parties to the Rome

Statute. The only ASEAN country which is a party is Cambodia.

.3 PENAL CODE , CHAPTER VIV. GENOCIDE

Section 130D. Genocide

A person commits genocide who, with intent to destroy, in whole or in part, a national,an ethnical, a racial or a religious group, commits any of the following acts:

(a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring

about its physical destruction in whole or in part;

(d) imposing measures intended to prevent births within the group; or

(e) forcibly transferring children of the group to another group.

[51/2007]

Section 130E. Punishment for genocide

Whoever commits genocide shall

(a) if the offence consists of the killing of any person, be punished with death; or

(b) in any other case, be punished with imprisonment for life or with imprisonment for

a term which may extend to 20 years. [51/2007]



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.I DIPLOMATIC IMMUNITY

.1 MINISTERS STATEMENTIN PARLIAMENTON SECOND

READINGOFTHE DIPLOMATICAND CONSULAR RELATIONSBILLIN 2005

(Parliament No. 10, Session No. 2, Volume No. 79, 25 January 2005)

Sir, this Bill seeks to enact the new Diplomatic and Consular Relations Act whichgives force of law in Singapore to relevant provisions of the Vienna Convention onDiplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963. ThisBill will repeal the existing Consular Conventions Act (Cap. 52) and the DiplomaticPrivileges (Commonwealth Countries and Republic of Ireland) Act (Cap. 83) whose

provisions will be superseded by the new Diplomatic and Consular Relations Act. TheBill will also make related amendments to the Income Tax Act (Cap. 134) and the

Merchant Shipping Act (Cap. 179).Sir, Singapore is currently not a signatory to the Vienna Convention on Diplomatic

Relations 1961 and the Vienna Convention on Consular Relations 1963, although wefollow closely the provisions of both Conventions in our dealings with foreign missions inSingapore and in managing our overseas missions in other countries. The twoConventions are universally recognised as customary international laws governing the

protection and granting of privileges and immunities by the receiving State to diplomaticand consular missions and members of the missions so as to facilitate the smoothfunctioning of the foreign missions in the receiving State. To bring ourselves in line withinternational practices, Singapore has decided to accede to both the Vienna Convention onDiplomatic Relations, as well as the Vienna Convention on Consular Relations, withoutany reservations.

Sir, I would like to highlight two key features of the Bill. Under Article 6, theMinister for Foreign Affairs has the prerogative to extend certain privileges andimmunities to certain persons as deemed appropriate though they are not covered underthe provisions of the two Conventions. This provision will allow Singapore toaccommodate the requirements of International Organisations for their staff to enjoycertain diplomatic privileges and immunities while in Singapore on temporaryassignments. Sir, such a move will help promote Singapore as a diplomatic hub and, also,as an international arbitration centre. In addition, the Minister for Foreign Affairs also hasthe prerogative to withdraw certain diplomatic privileges and immunities from a foreignmission on the basis of reciprocity. The principle of reciprocity is enshrined in Article 47of the Vienna Convention on Diplomatic Relations and Article 72 of the Vienna

Convention on Consular Relations, and is a universally recognised practice in internationalrelations.

Let me conclude, Sir, by saying that the passing of the Bill will put in place thenecessary legislation for Singapore's accession to the two Conventions. Our accession will

be one further demonstration of Singapore as a committed and responsible member of theinternational community.

.2 THE DIPLOMATICAND CONSULAR RELATIONS ACT, CAP 82A

Section 1. Short Title.

This Act may be cited as the Diplomatic and Consular Relations Act.



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Section 2. Interpretation.

In this Act, unless the context otherwise requires

"Vienna Convention on Diplomatic Relations" means the Vienna Convention onDiplomatic Relations adopted in 1961 by the United Nations Conference onDiplomatic Intercourse and Immunities, the English text of which is set out in theFirst Schedule;

"Vienna Convention on Consular Relations" means the Vienna Convention onConsular Relations adopted in 1963 by the United Nations Conference on ConsularRelations, the English text of which is set out in the Second Schedule.

Section 3. Application of Vienna Convention on Diplomatic Relations

(1) Subject to this section and section 6, Articles 1, 22, 23, 24 and 27 to 40 of theVienna Convention on Diplomatic Relations shall have the force of law in Singapore.

(2) In the provisions of the Vienna Convention on Diplomatic Relations referred to insubsection (1)

(a) a reference to agents of the receiving State shall be construed as including areference to any police officer and any person exercising a power of entry toany premises under any written law; and

(b) a reference to a national of the receiving State shall be construed as areference to a citizen of Singapore.

(3) For the purposes of Article 32 of the Vienna Convention on Diplomatic Relations, awaiver by the head of the diplomatic mission of any State or any person for the time

being performing his functions shall be deemed to be a waiver by that State.

Section 4. Application of Vienna Convention on Consular Relations

(1) Subject to this section and section 6, Articles 1, 5, 15 and 17, paragraphs 1, 2 and 4of Article 31, Articles 32, 33, 35 and 39, paragraphs 1 and 2 of Article 41, Articles 43,44, 45 and 48 to 54, paragraphs 2 and 3 of Article 55, paragraph 2 of Article 57,

paragraphs 1, 2 and 3 of Article 58 and Articles 60, 61, 62, 66, 67, 70 and 71 of theVienna Convention on Consular Relations shall have the force of law in Singapore.

(2) In the provisions of the Vienna Convention on Consular Relations referred to insubsection (1)

(a) a reference to authorities of the receiving State shall be construed asincluding a reference to any police officer and any person exercising a powerof entry to any premises under any written law;

(b) a reference to a grave crime shall be construed as a reference to any offencepunishable with imprisonment for a term that may extend to 5 years or with amore severe sentence; and

(c) a reference to a national of the receiving State shall be construed as areference to a citizen of Singapore.

(3) In paragraph 2 of Article 17 of the Vienna Convention on Consular Relations, thereference to privileges and immunities accorded by customary international law or byinternational agreements shall be construed as a reference to privileges and immunitiesconferred under the International Organisations (Immunities and Privileges) Act (Cap.145).

(4) In Article 44 of the Vienna Convention on Consular Relations, the references tomatters connected with the exercise of the functions of members of a consular post



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shall be construed as references to matters connected with the exercise ofconsular functions by consular officers or consular employees.

(5) For the purposes of Article 45 of the Vienna Convention on Consular Relations andthat Article as applied by Article 58 of the Vienna Convention on Consular Relations, awaiver shall be deemed to have been expressed by a State if it had been expressed by

the head, or any person for the time being performing the functions of the head, of thediplomatic mission of that State or, if there is no such mission, of the consular postconcerned.

(6) The reference in Article 57 of the Vienna Convention on Consular Relations to theprivileges and immunities provided in Chapter II of that Convention shall be construedas referring to the privileges and immunities provided in Section II of that Chapter.

(7) The reference in Article 70 of the Vienna Convention on Consular Relations to therules of international law concerning diplomatic relations shall be construed as areference to Part II of this Act.

Section 6. Privileges and immunities

(1) Where the Minister is satisfied that the privileges and immunities accorded to aSingapore diplomatic mission in any State, or to persons connected with thatmission, are less than the privileges and immunities conferred by Part II on thediplomatic mission of that State, or on persons connected with that mission, theMinister may, by order published in the Gazette, withdraw all or any of the

privileges and immunities so conferred from the mission of that State or from suchpersons connected with it, as the Minister considers to be proper.

(2) Where the Minister is satisfied that the privileges and immunities accorded to aSingapore consular post in any State, or to persons connected with that consular post,are less than the privileges and immunities conferred by Part III on a consular post ofthat State, or on persons connected with that consular post, the Minister may, by order

published in the Gazette, withdraw all or any of the privileges and immunities soconferred from all or any of the consular posts of that State or from such

persons connected therewith, as the Minister considers to be proper.

(3) The Minister may, by order published in the Gazette, extend any privilege orimmunity conferred by Part II or III to such person or class of persons as the Ministerconsiders to be proper.

(4) Any order made under this section shall be presented to Parliament as soon aspossible after publication in the Gazette.

Section 7. Evidence

A certificate issued by or on behalf of the Minister shall be conclusive evidence on anyquestion whether any person is entitled to any privilege or immunity under this Act.

Section 8. Regulations

(1) The Minister may make such regulations as are necessary or expedient for carryingout the purposes of this Act.

(2) Any regulations made under this section shall be presented to Parliament as soon aspossible after publication in the Gazette.

SCHEDULE1. Vienna Convention on Diplomatic Relations 1961

SCHEDULE2. Vienna Convention on Consular Relations 1963

Documents

Topic 3 Jurisdiction and Implementation of Treaties