Public Prosecutor v Lim Yong Nam

• Jurisdiction: Singapore
• Judge: Choo Han Teck J
• Judgment Date: 05 March 2012
• Neutral Citation: [2012] SGHC 45
• Court: High Court (Singapore)
• Docket Number: Criminal Motion No 7 of 2012
• Published date: 05 March 2012
• Year: 2012
• Hearing Date: 17 February 2012,23 February 2012
• Plaintiff Counsel: Mark Jayaratnam and Crystal Tan (Attorney-General's Chambers)
• Defendant Counsel: Hamidul Haq, Thong Chee Kun and Yusfiyanto Yatiman (Rajah & Tan LLP)
• Citation: [2012] SGHC 45

Choo Han Teck J:

The respondent was apprehended with three other persons on 25 October 2011 under a Warrant of Apprehension issued by a Subordinate Courts judge pursuant to a Notice by the Minister under s 9(1)(a) of the Extradition Act (Cap 103, 2000 Rev Ed). The respondent was subsequently released on bail of $100,000 pending committal proceedings. The committal proceedings were held on 9 and 12 December 2011, and 2 to 3 February 2012. On 10 February 2012 the Magistrate committed the respondent to prison pending extradition to the United States of America and allowed the respondent’s application to continue to be on bail after the committal order.

The Public Prosecutor applied before me to revoke the order for bail pending extradition. Deputy Public Prosecutor Mr Mark Jayaratnam submitted that the Magistrate had no authority under the Extradition Act to grant bail once a warrant of committal has been made pursuant to s 11(7) of the Extradition Act. The relevant provision in the Extradition Act is s 11. For convenience, this provision is set out in full below together with s 12:

Proceedings after apprehension of person 11.—(1) A person who is apprehended under a warrant issued under section 10 shall, unless he is sooner released, be brought as soon as practicable before a Magistrate.

(2) The Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time. (3) Where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before the Magistrate or before any other Magistrate. (4) In the application of subsections (5) to (10) inn relation to a person who has been apprehended under a warrant issued under section 10, “Magistrate” means the Magistrate before whom the person is brought after he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be. (5) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under section 9(1)(a), the Magistrate shall remand the person in accordance with subsections (2) and (3) until the Magistrate receives a notice under section 9(1)(b) from the Minister informing the Magistrate that a requisition for the surrender of the person has been made to the Minister by a foreign State. (6) Where the Magistrate does not receive such a notice within such time as is reasonable having regard to all the circumstances, the Magistrate shall — (a) if the person apprehended is held in custody, order that he be released; or (b) if he has been admitted to bail, make an order discharging the recognizances upon which he was admitted to bail. (7) If the person was apprehended under a warrant issued in pursuance of an authority by the Minister in a notice under section 9(1)(a) or the Magistrate receives a notice from the Minister under section 9(1)(b) and — (a) there is produced to the Magistrate a duly authenticated foreign warrant in respect of the person issued in the foreign State that made the requisition for the surrender of the person; (b) there is produced to the...