WWLegal.com :: Second Reading Speech for the Terrorism (Suppression of Bombings) Bill 2007

Second Reading Speech for the Terrorism (Suppression of Bombings) Bill 2007
Posted on Tuesday, October 23, 2007 - 10:00 PM

The text of the Second Reading Speech for the Terrorism (Suppression of Bombings) Bill 2007 by DPM and Minister for Home Affairs Mr Wong Kan Seng, 23 October 2007 is below.

Terrorism (Suppression Of Bombings) Act

1. Mr. Speaker, Sir, I beg to move that the Bill be now read a second time.

Introduction

2. To prevent and counter terrorist activities that had spread beyond the immediate boundaries of countries or regions, the international community developed a number of universal legal instruments to combat this threat. To date, there are 13 international conventions which were drafted within the framework of the United Nations system to deal with the internationalized nature of terrorism.

3. One such instrument is the International Convention for the Suppression of Terrorist Bombings. This Convention expands the legal framework for international cooperation in the investigation, prosecution and extradition of people who engage in acts of terrorist bombings by establishing a system of universal jurisdiction to punish this crime. This is especially important given the transnational nature and reach of the terrorist threat today. Terrorism threatens the peace and security of nations and no single country, government or agency can fight terrorism alone. Being a Party to the Convention will provide Singapore with another effective means to deal with the multi-faceted and ever evolving terrorist threats and facilitate international cooperation to fight this global scourge.

4. Sir, the Convention requires States to punish perpetrators by introducing appropriate national legislation to criminalize terrorist bombing offences. The Terrorism (Suppression of Bombings) Bill allows Singapore to implement the Convention. We will establish extra-territorial jurisdiction over terrorist bombing offences and make these punishable with appropriate penalties.

5. We will ensure that these offenders do not escape punishment by either extraditing or prosecuting persons accused of committing or aiding in the commission of terrorist bombings. The Bill also permits Singapore to afford assistance to other States in connection with criminal proceedings brought under the Convention.

6. Sir, I will now touch on the key provisions in this Bill.

(A) Terrorist Bombing Offences
7. Bombings remain terrorists’ preferred mode of attack and continue to make up largest incidence of terrorist acts today. Hardly a week now passes without a report of a terrorist bombing or attempt occurring in some part of the world.

8. Clause 3 of the Bill makes it an offence to deliver, plant and set off an explosive or other lethal devices to cause death, serious bodily injury or extensive destruction, targeting places of public use, State or government facilities, our public transportation system or any other infrastructure facility.

9. Insurgents are also using chemicals such as chlorine gas to increase the lethality of their bombing attacks in places like Iraq. To address this emerging threat of chemical, biological and radioactive attacks, clause 2 of the Bill has expressly defined explosives and lethal weapons to include those that make use of chemicals, biological agents or toxins or radioactive materials.

(B) Punishment
10. Sir, terrorist bombings destroy lives and our livelihood. It creates a climate of fear and deprives people of the right to live the life they have worked so hard for. Bombings are criminal acts and the penalties to be meted out under the new Terrorism (Suppression of Bombings) Bill have taken the grave nature of these offences into account.

11. Upon conviction, an offender will be punished with the death penalty if he had intended to cause death or serious bodily injury and if death is caused. The punishment of life imprisonment applies in any other case. These severe penalties are aimed as a deterrent against terrorist bombings and to constrain the operating terrain of terrorists.

(C) Withholding Information
12. Sir, given the devastating consequences that would arise from a bombing, everyone must play their part. Having prior information of terrorist plans enables the Government to act before these mature into actual terrorist operations. This is crucial as it can save lives. Hence, clause 4 of the Bill requires anyone who has information that can prevent a terrorist bombing, or which is useful to arrest, prosecute or convict the terrorist for bombing offences, to come forward and provide the information to the authorities.

13. There are adequate safeguards for a person who provides the information in good faith. He will be protected against any civil or criminal proceedings. Conversely, failure to disclose such information renders a person liable to a fine not exceeding S$50,000 or to imprisonment for a term not exceeding 5 years or both.

(D) Extra-territorial Jurisdiction
14. Sir, clause 7 of the Bill provides for extra-territorial jurisdiction over bombing offences. Any person outside of Singapore who commits an act or omission which constitutes a terrorist bombing offence if carried out in Singapore, is deemed to have committed the act or omission here.

15. If taken into custody in Singapore, the person will be charged, tried and punished accordingly. Having this provision gives Singapore the ability and flexibility to prosecute any offender found in our territory if it is not possible or desirable to extradite him. It will also ensure that perpetrators do not escape punishment regardless of who they are and where the offence was committed.

(E) Extradition and Mutual Legal Assistance
16. Sir, the Convention requires Singapore to include terrorist bombing offences as extraditable offences. Clause 6 of the Bill provide for terrorist bombing offences to be deemed included in the list of extraditable offences under the First Schedule to the Extradition Act. This is to facilitate any extradition request made by countries who are parties to the Convention.

17. The Bill also provides that the Minister of Law can issue a notification under section 4 of the Extradition Act to apply the Act when a request is received from a state which is party to the Convention, but has no extradition treaty with Singapore or if the existing extradition treaty does not provide for the extradition of persons accused or convicted of terrorist bombing offences.

18. To facilitate mutual legal assistance between state parties to the convention, clause 5 of the bill provides that a foreign terrorist bombing offence shall not be deemed to be an offence of a political nature. This also applies to an extradition request. This is to prevent anyone from blocking mutual legal assistance or extradition on the grounds that the offences in question are politically motivated.

19. Sir, we are obliged to provide mutual legal assistance to in relation to an investigation or criminal or extradition proceedings if requested by a country party to the Convention. However, any request for such assistance will have to be consistent with the principles of sovereign equality, territorial integrity and non-intervention in our domestic affairs. Singapore will render assistance within what is allowable under our domestic legal framework.

Conclusion

20. Sir, terrorism remains a real and present threat to Singapore. The Convention was designed to help track down and punish those who promote and perpetrate these heinous and violent acts. Singapore does not tolerate terrorism in any form or under any guise.

21. Acceding to the Convention and implementing the new Terrorism (Suppression of Bombings) Bill will strengthen existing counter-terrorism cooperation between Singapore and like-minded countries. It ensures no safe haven for the terrorists and complements domestic legal instruments already in place to deal with terrorists. Through these international and domestic instruments, we reiterate our commitment to combat terrorism and our unequivocal condemnation of the violent activities and the ideology of hate and violence espoused by terrorists and their sympathizers.

22. Sir, I beg to move.

News