What Happens to Your HDB Flat After Divorce?

For couples who own a HDB flat and are wondering what happens to the flat after the divorce, this article will explain the processes, and what happens.

Firstly, you and your spouse will need to mutually agree on what should happen to the flat after divorce. Is one of you going to pass on full ownership of the flat to the other? Or do you both plan to sell the flat and split the earnings to certain specifications?

If both of you are unable to come to an agreement, then the court will decide looking at Parties’ direct and indirect contributions.

What Does The Court Do?

In simple terms, the court will decide what happens to the HDB flat after divorce. During this process, the court will also divide all the matrimonial assets that the couple cannot agree on. 

According to the Women’s Charter, the term “matrimonial assets” is defined to be an asset of any nature that was acquired during marriage by either or both parties. If the asset was bought by one of the parties before marriage, then it will depend on whether it was ordinarily used or enjoyed by both parties for either shelter, transportation, household, education, recreational, social or aesthetic purposes after marriage.

A matrimonial asset can also refer to an asset that was ‘substantially improved’ during the marriage by the other party, or both parties. One party cannot claim that they have an interest in an HDB flat owned by the other party simply because they were both married.

Dividing a HDB Flat as a Matrimonial Asset

During this process, the court will issue an order such as:

  • Requiring one spouse to transfer their interest in the flat to the other spouse or; 
  • Requiring the flat to be sold, and proceeds divided between both parties in a certain way.

This means the matrimonial asset may not necessarily be divided equally. One of the factors behind this could be the gap between the respective financial contributions towards the purchase of the asset.

The court’s decision on dividing the matrimonial asset depends on various factors, some of which can be found in section 112(2) of the Women’s Charter:

  • The extent of contributions each party made towards acquiring, improving or maintaining the asset
  • Debt owing, or obligation incurred or undertaken for the benefit of any child of the marriage
  • How much each party has contributed towards the family’s welfare, including caring for dependents on either party.
  • A deed of separation, or any agreement made between both parties with respect to the ownership and division of the asset.
  • Assistance given by one party to the other, both material and immaterial. This could also mean helping the other party out with daily tasks.
  • Was there any benefit enjoyed by one party in the matrimonial home to the exclusion of the other party like rent-free occupation?
  • If there is a child, or children involved, their needs.
  • The length of the marriage is also a factor
  • Each party’s financial needs based on their income and lifestyle

These are just some of the factors that will be considered by the court when deciding the division of matrimonial assets.

What if You Are Entitled to Retain the HDB Flat After Divorce?

Provided your spouse agrees to transfer their interest in the flat to you, or the court orders it. This does not necessarily mean you will get to keep the flat. To be able to own a HDB flat, you will still need to fulfil HDB’s eligibility conditions.

  • You have care and control of your children
  • You are eligible under the Single Singapore Citizen Scheme

For the latter, you will need to be a Singapore citizen, at least 35 years old and the flat is a resale flat purchased from the open market without the CPF Housing Grant for Family.

If you had bought the flat directly from HDB, or using the grant, then you must satisfy the 5-year Minimum Occupation Period before you can retain the flat under the Single Singapore Citizen Scheme.

You may also include another person to retain the flat with but this is subject to HDB’s requirements.

If you are unable to meet any of the conditions above, and both you and your spouse have not completed the 5-year MOP, then the flat will have to be returned to HDB at the prevailing compensation price subject to HDB’s approval.

How Are Sales Proceeds Divided After a HDB Flat is Sold?

Both you and your spouse can agree on the proportion of the split but in the event both parties are unable to come to a reasonable conclusion, the court will decide based on whether the sale proceeds are considered ‘matrimonial assets’ and the various factors listed above.

If the marriage is void or annulled, you may have to dispose of the flat.

Getting a Divorce Lawyer in Singapore

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years from domestic violence, spousal and child maintenance; family disputes to high-profile divorce; care and control and custody issues, relocation and child abduction.

There is a Team of 4 experienced lawyers in the Firm. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

What Should You Do If You’re Asked to Take a Polygraph Test in Singapore?

test

A polygraph, also known as a lie detector is a machine that law enforcement authorities around the world, including Singapore, use while investigating crimes. If you have been asked to take one, immediately contact a criminal lawyer to get further legal advice.

The polygraph measures certain physiological responses such as breathing patterns, pulse and skin conductivity and blood pressure via various attachments to your chest and a single hand. The polygrapher will then ask a series of questions, some relevant to the case and the machine will then look out for irregularities in your reactions when answering these questions.

However, due to the simple reason that there are no specific physiological reactions that can be associated with lying, polygraph tests can be unreliable and thus, inadmissible as evidence against an accused person in a criminal case.

When is a Polygraph Test Used?

Law enforcement agencies generally use polygraph tests when they are undecided, or lack enough evidence to recommend someone for prosecution. If the Police for example, are unsure of a suspect’s guilt, a failed polygraph test might sway them towards recommending further investigation, or prosecution. A passed polygraph test might be enough to convince the police to stop continuing the investigation if there are no other further evidence of a person’s guilt.

Must You Attend a Polygraph Test?

Although the results of a polygraph test are inadmissible as evidence in a criminal case, how you react to the police’s invitation might also affect their assessment of your conduct.

For example, if you decide to accept the invitation and take the test, a pass result will most likely clear you and if you fail the test, the police may recommend prosecution.

However, if you decline the invitation, the police may conclude that you might be guilty and recommend prosecution. They may also record another statement with your reasons for choosing to decline the test. You may answer that your only reason for declining was based on legal advice you received which is protected by solicitor-client privilege, making it harder for the police to ask you further related questions.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years from traffic offences, family disputes to high-profile criminal cases and will be able to provide you with timely advice on your case. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.


	

(Press Coverage) Drunk British Tourist Who Verbally Abused, Threatened Policeman Jailed One Week

Original Article

A drunken tourist’s relentless verbal assault on a policeman which included threats such as “I’ll f***ing kill you” and “wait till I slap you in the face”, and a reminder that he was a British citizen, has landed him in jail for a week.

The man, 24, who was on his fifth day of a visit here, lashed out verbally while he was being escorted back to the police station after being arrested shortly after midnight on Oct 3 for causing a public nuisance at Clarke Quay.

On Wednesday (Nov 6), he pleaded guilty to one charge of conducting himself in a manner to cause annoyance while drunk, and two charges of using abusive language on a police officer.

After having several alcoholic drinks close to midnight, he removed his shirt and raised a wooden chair, swinging it around before throwing it on the floor. He then aggressively confronted patrons of the club. When two security executives tried to stop him, he reached for a bin cover but was pinned down first.

The man was fined S$800 in relation to the charge of causing annoyance while drunk. The one-week jail term related to his abusive language towards a police officer.

While being escorted to Tanglin Police Division in a police car, he was seated in the rear passenger seat when he cursed at the policeman beside him despite receiving several warnings not to.

In the car, over seven minutes, he made statements including “You’re a rabid dog.”, “I’m a f***ing British citizen, you boys are going to get f***ed over if you didn’t f***ing listen to me right now…” and “If I can get my hands free, you’re f***ing dead right now. You f***ing little wet one.

He also offered to pay the police officer to be released but backed down after his second warning that it would be an offence. When they arrived at the police division at about 12.35am, he turned “more aggressive and uncooperative”, and started using abusive and vulgar words again, Deputy Public Prosecutor (DPP) Shen Wanqin noted. Among his statements to police include, 

“I’m going to get my lawyer and sue your f***ing a**. They are going to f***ing put you in prison. If you don’t let me out, they are going to put you in prison… If you don’t let me out, you are all going to prison.”

All of his acts were captured on camera, and the video footage was played before the judge on Wednesday. They amounted to contraventions under the Protection from Harassment Act, that could have landed a jail term for up to 12 months on top of a fine of up to S$5,000.

Mr Amarjit Singh Sidhu, acting for the defendant, stressed that his client had co-operated with the police after he sobered up and came to be “utterly remorseful” of what he had done, noting that his actions are “out of character”. Mr Amarjit Singh urged the court to consider that his client had not broken the law before, as well as his involvement in charity work that helps young individuals from troubled backgrounds.

The lawyer added that his client was raised by a single mother, who works as a doctor in the United Kingdom. Pointing out that his client had stayed in Singapore for more than a month now pending the court proceedings, Mr Singh said: “He is at your mercy, Your Honour. I hope you can exercise mercy and impose a fine on him.” He sought a S$2,500 fine.

DPP Shen, however, argued that there was a pressing need for deterrence in this case since a public officer was involved.

District Judge Salina Ishak then imposed the one-week jail term that the prosecution had asked 

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years from traffic offences, family disputes to high-profile criminal cases. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

(Press Coverage) American Project Manager Jailed 2 Weeks for Taking Upskirt Video

Original Article 

A 36-year old American man was jailed for two weeks after pleading guilty to a single charge of intruding into the privacy of a 25-year-old woman. The offence took place on March 17 on the exit escalator from Somerset MRT station.

Investigations showed that around 10am that day, the victim and her boyfriend alighted from the train at Somerset MRT station. On the escalator leading up to the mall, the boyfriend was on the step in front of and above the victim. The offender, who was on his way to work, stood one step directly behind the victim.

Deputy Public Prosecutor Yang Ziliang said the victim did not pay attention to anything behind her until she felt something touch her right inner thigh just above her knee. She turned around and noticed the offender standing on the step directly behind her. She found that strange because there was no one else on the rest of the escalator. She looked down and saw the offender holding his mobile phone between her legs, below her skirt.

Suspecting him of taking an upskirt video of her, she grabbed his collar and sought help from her boyfriend and security officers. The offender put up a struggle, but was ultimately detained by the victim’s boyfriend and the security officers.

According to the victim, the offender kept asking her not to press charges and to settle the matter privately. The police were called.

In his mitigation plea, Mr Amarjit Singh Sidhu, said that his client, who came here to work last year, was a “man of good moral standing” and had always been law-abiding. “He is truly sorry for his wrongdoing; this was a one-off incident that is absolutely out of character,” said Mr Amarjit Singh.

He also said his client’s lapse in judgment was the result of the emotional instability he suffered when he returned from his break in the United States. This was compounded by immense work stress, the lawyer added.

District Judge Jasvender Kaur agreed with the prosecution that the offence called for a jail sentence, and said such offences were “quite prevalent”.

He could have been jailed for up to one year and/or fined for insulting the modesty of a woman.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years from traffic offences, family disputes to high-profile criminal cases. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

What you need to know about the Amendments to the Road Traffic Act? (November 2019)

Starting November 2019, there will be new amendments to The Road Traffic (Amendment) Act 2019 (“Act”) that was passed in Parliament in July 2019. These new amendments take effect on 1st November and will include provisions such as:

  • Reclassification of offences: Irresponsible driving offences will now be classified into Reckless or Dangerous Driving and Driving Without Care or Reasonable Consideration. This means Dangerous Driving is distinguished from Careless Driving through variables such as whether the driver was in the condition to drive safely, or if the traffic situation required the driver to be extra careful but he/she did not.

    The Act also now categorises offences into four tiers which represent the different levels of harm caused. These include Hurt, Grievous Hurt, Endangers Life and Death.

  • Heavier punishments: For offences including drink driving, driving against the flow of traffic, swerving across lanes at high speed, and speeding past pedestrian crossings when one does not have the right of way, offenders will now face much heavier imprisonment terms and fines as compared to the existing Penal Code and Road Traffic Act.

    Motorists who commit a Dangerous or Careless Driving offence under the influence of any illicit substances will also be liable for additional penalties that will be served consecutively. Repeat offenders can also expect higher maximum penalties compared to first-time offenders.

  • Longer bans: Irresponsible motorists will now be kept off the roads for much longer through the widening of the range of offences that will lead to minimum disqualification (DQ) periods, immediate suspension and vehicle forfeitures. Penalties for driving without a licence, or while suspended will result in increased punishments.

  • A new aggravating factor: The courts will now be able to consider a motorist’s past compounded road traffic offences as aggravating factors for his/her current road traffic offence.

The new provisions to the license suspension and revocation system will take effect in the second half of 2020. Details of this will be announced separately.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years from traffic offences, family disputes to high-profile criminal cases. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Additional Sources: 

Is there a “right to Remain Silent” in Singapore?

silent

You may be familiar with that line from American films and TV shows involving a policeman arresting someone and this line is almost always mentioned, followed by “anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you…”

These rights can be found in the US Constitution’s Fifth Amendment right against self-incrimination — an act where you implicate yourself in a crime. If the suspect was not informed of these rights, any information given to the police cannot be used as evidence against him/her.

However, this doesn’t apply in Singapore.

Singapore’s constitution does not have an equivalent to the US’ Fifth Amendment but there is a statutory privilege against self-incrimination so technically, you don’t have to say anything to a police officer that may suggest guilt.

What are the rules on what to say?

According to Section 22(2) of the Criminal Procedure Code (CPC), you will need to state truly that you are aware “of the facts and circumstances of the case”, but you do not have to say anything beyond that might expose you to a criminal charge such as admitting to the offence. In other words, you have to tell the police everything you know about the case except anything that will indicate or suggest that you did it.

Generally, it is best to have a lawyer to advise you on what to say or not say, but your right to a lawyer in Singapore is generally activated only after the police have concluded interrogating you.

The police are also not required to verbally inform you of your right against self-incrimination and that is why you will not hear that line being used in Singapore. If you are charged after being questioned, you will be asked to give a second statement which will also be your final chance to include the facts that are helpful to your case.

Why are the facts so important?

According to Sections 23 and 261 of the CPC, you are required to establish and record, in explicit details, the facts in your statement at the police station before relying on them to establish a defence of your innocence. This statement is critical before you speak to a lawyer to figure out what defences may be available to you.

The reason why you need to ensure these facts are recorded at such an early stage is because if you don’t, and then only raise it later in court, the judge may not believe you.

What’s recorded cannot be erased

Once you have signed the police statement, you will not be allowed to omit anything from it. However, if you had left any important facts out, you will get a chance to include it in a subsequent statement at another time.

Alternatively, your lawyer can include your additional input in his representations to the Attorney General’s Chambers but it may risk being viewed as an afterthought, and thus, reduce its credibility.

It is important to get your statement right the first time.

Don’t lie to the police

If the facts are found to be false, you will not only lose your credibility but you will also get charged for lying to the police. Therefore, in a situation where you are asked a question, and the true answer may incriminate you, don’t make something up as it will only worsen the situation.

Instead, you may exercise your limited rights by saying “I respectfully decline to answer at this time, pending receipt of legal advice. In the meantime, all my rights are reserved.”

You can find a summary of your rights in the event of a police investigation provided by the Law Society of Singapore.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Additional Source: https://singaporelegaladvice.com/law-articles/right-to-remain-silent-police-singapore/

What is The Definition of Rioting in Singapore?

There is no offence specifically for rioting in the Penal Code. However, rioters will be charged under offences relating to unlawful assembly. 

Although riots generally involve large groups of people, in Singapore, any member belonging to an assembly of 5 or more persons using force or violence to achieve a common purpose is considered guilty of rioting, also known as an “unlawful assembly”. 

Common purpose in this case refer to a show of criminal force towards:

  • The Legislative or Executive Government, or any public servant in the exercise of the lawful power of such public servant;

  • Any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or the use of water or other incorporeal right of which he/she is in possession or enjoyment, or to enforce any right or supposed right;

  • Any person, to compel them to perform an act they are not legally bound to do, or to obstruct them from doing what they were legally supposed to do.

  • Resist the execution of any law, or of any legal process;

  • Commit any offence;

What if a weapon is involved?

If the rioters are found to have used force or violence with a deadly weapon such as a knife or even an improvised item that can potentially kill someone, he/she will be guilty of a separate charge known as “rioting with a deadly weapon”. 

Punishment for Rioting

Rioting is an arrestable offence and if found guilty, the punishment is up to 7 years in prison and possibly caning. For rioting with a deadly weapon, the punishment is up to 10 years in prison and possibly caning.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Additional Source: https://singaporelegaladvice.com/law-articles/what-is-the-offence-of-rioting/

What is Private Defence and When is it Applicable?

private defence

Also commonly known as “self-defence”, Private Defence is a type of legal defence that may be able to absolve a person of any legal liability if the person hurt or killed another person to defend himself/herself.

Under sections 96 to 106 in the Singapore Penal Code, Private defence includes the defence of your life and body from physical harm such as hurt and rape. The law also includes defence of your property, or of another person’s, either movable ones like a car, or immovable assets like a house against theft, robbery, mischief or criminal trespass.

What are the requirements for the right of Private Defence? For this defence to succeed in court, the defendant must show:

  • There was no opportunity to seek police protection during the incident
  • He/she was not attacking a police officer who was trying to subdue him/her
  • A mentally unsound person was trying to attack him/her
  • However, this defence cannot be used against a public servant carrying out his/her duties.

What are the circumstances that may require Private Defence?

According to Section 99(4) of the Penal Code, a person cannot inflict more harm than is necessary for self-defence. Therefore, it has to be made clear that the attacker has been repelled or defeated, but if you continue the beating, then it may no longer be considered Private Defence.

However, in cases where the person kills an attacker, only certain circumstances as defined in Sections 100 and 103 of the Penal Code are applicable for the right of Private Defence:

  • The person was being assaulted and had reasonably apprehended death or grievous hurt if defensive action had not been taken
  • The person was being kidnapped or raped
  • The person was being robbed
  • The person’s house was being broken into at night
  • The person had received threats of mischief by fire

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Additional Source: https://singaporelegaladvice.com/law-articles/what-can-i-do-to-protect-myself-in-self-defence-in-singapore/

What is The Extradition Act and How Does it Work in Singapore? – Part 3

Expat Laws in Singapore

In Part 2, we explained what happens if an accused flees Singapore for a country that does not have an extradition treaty or agreement with Singapore. In Part 3, we will explain the process of extradition to Singapore and what happens if a Singaporean is wanted for a crime overseas.

The Process of Extradition to Singapore

The following steps provide an overview of the process to extradite an accused person to Singapore:

  1. Singapore sends a request for a Red Notice issued by the International Criminal Police Organisation (INTERPOL) via the National Central Bureau. The Red Notice is a request to locate and provisionally arrest an individual pending extradition and informs the foreign country that an accused person is wanted there.

  2. The authorities of the foreign country may then issue a warrant for the arrest of the accused person if it is justified based on the evidence in accordance with their laws. INTERPOL cannot compel any member country to arrest an individual who is the subject of a Red Notice. Therefore, the arrest of the accused is dependent on whether the authorities in the foreign country are determined to do so.

  3. Singapore will then make a formal extradition request to the country for the accused person’s extradition to Singapore. Depending on the situation, this request may be made before or after the foreign country has issued an arrest warrant for the suspect.

  4. The decision will then be made by the country to accept or reject the extradition request. The accused person may also be allowed to contest the extradition request.

  5. If the foreign country has agreed to the extradition request, then the accused person will be arrested.

  6. Arrangements will then be made between Singapore and the foreign country for the suspect’s extradition to Singapore. In some cases, there may be a maximum period of time for which the accused person can be held in custody in the foreign country before being released for the extradition. After which, the accused will be dealt with in accordance with Singapore law.

What about Singaporeans who are wanted for an extradition crime overseas?

A Singaporean who is wanted for an extradition crime overseas may also be extradited to the country if it has an extradition treaty or arrangement with Singapore.

Under the EA, there are however certain restrictions in approving extradition requests. These are:

  • The crime the fugitive is accused of committing is an offence of a political character;

  • There are reasonable grounds for believing that the extradition request was made for the purpose of punishment or detention of the fugitive on account of his/her race, religion, nationality or political opinions;

  • The fugitive has already been acquitted or punished by a competent tribunal in any country for the same offence.

Singapore may also refuse to extradite a fugitive if it considers that it would be “unjust, oppressive or too severe a punishment to surrender a person”. Reasons can include:

  • The nature of the offence is trivial;

  • The accusation against the person not having been made in good faith or in the interest of justice;

  • How much time has passed since the alleged offence.

Singapore currently has extradition treaties and arrangements with over 40 countries and over time, that figure is expected to increase. The bottomline is, no matter where you are, please do not engage in any criminal acts.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Additional Source: https://singaporelegaladvice.com/law-articles/extradition-act-commit-crime-flee-singapore/

What is The Extradition Act and How Does it Work in Singapore? – Part 2

In Part 1, we explained the fundamentals of the Extradition Act (EA) as well as the process of extradition involving countries that Singapore has an extradition treaty or agreement with. In Part 2, we will explain what happens if an accused flees Singapore for a country that does not have an extradition treaty or agreement with Singapore.

Singapore may still make a request to the country in question to extradite the person but there is a possibility that this request may be rejected.

The bank robber who got charged for money laundering

A recent example of this would be the Standard Chartered robbery case in 2016 where the robber, a Canadian national fled to Thailand – a country with whom Singapore doesn’t have an extradition treaty with.

However, Singapore’s request was rejected by Thailand on the basis that it was “not in a position to consider it.”

Thai authorities  eventually convicted him for money laundering offences as he had brought, what was suspected to be the money from the bank heist, into the country which exceeded the cap of US$20,000 (S$27,600) allowed into Thailand.

What can Singapore do if extradition requests get rejected?

If the accused person freely travels to another country, which happens to be one with whom Singapore has an extradition treaty or arrangement with, then the Singapore authorities will be able to send a request to that country to secure the extradition.

This means they have to wait until that happens. 

Using the example of the bank robber again, after he had served his 14-month sentence for money laundering in Thailand, he was deported from Bangkok back to Canada. It was only while he was in transit in London that British authorities arrested him on Singapore’s request.

The case is still currently being heard in British courts after the man filed an appeal against the extradition.

Can a country which has signed an extradition treaty with Singapore still reject a request for extradition?

Yes, this could happen if the country is of the view that the request does not meet the requirements for extradition under their laws.

This was cited as a possibility by observers for Hong Kong’s rejection of Singapore’s request for the extradition of Malaysian businessman Jho Low in connection with the 1Malaysia Development Berhad (1MDB) corruption probe even though Hong Kong never made their reasons public.

Concessions to secure extradition

Singapore has made concessions in the past in order to meet the other country’s requirements for extradition under their laws. These concessions were justified by its necessity to avoid a situation where the accused may be released without punishment.

For example, Australian law forbids the extradition of an individual to a country if he/she could receive the death penalty. That was why in the 2002 Orchard Towers Murders case, Singapore had to agree to a concession with Australia not to subject the killer to the death penalty in order to secure his extradition from Australia to Singapore.

He eventually pleaded guilty to two counts of culpable homicide not amounting to murder and disposing of the victims’ bodies and was sentenced to 24 years in prison.

Britain abolished caning as a punishment for criminals back in 1948. Therefore, British law prohibits the extradition of a person to Singapore if he/she may be punished by caning. This is why in the bank robber’s extradition case, Singapore had to agree to a concession with Britain to ensure he won’t be caned.

Can extradition requests be contested?

An accused person who is subject to an extradition request may have the option of contesting his/her extradition through an application with the court of the country in which he/she is being held. The court will then assess the merits of the application before deciding on an outcome.

In the next part, we will explain the process of extradition to Singapore.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Additional Source: https://singaporelegaladvice.com/law-articles/extradition-act-commit-crime-flee-singapore/