Immigration (International Tribunal for the Law of the Sea — Exemption from Section 6) Order 2023

No. S 267

Immigration Act 1959

Immigration
(International Tribunal for the Law
of the Sea — Exemption from Section 6)
Order 2023

In exercise of the powers conferred by section 56 of the Immigration Act 1959, the Minister for Home Affairs makes the following Order:

Citation and commencement

1.  This Order is the Immigration (International Tribunal for the Law of the Sea — Exemption from Section 6) Order 2023 and comes into operation on 5 May 2023.

Definitions

2.  In this Order, unless the context otherwise requires —

“Chamber of the Tribunal” means the Seabed Disputes Chamber established in accordance with article 14 of Annex VI to the Convention or a special chamber established in accordance with article 15 of that Annex;

“Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982;

“Tribunal” means the International Tribunal for the Law of the Sea.

Exemption from section 6(1) and (2) of Act

3.—(1)  Subject to sub‑paragraph (2), each of the following persons is exempt from section 6(1) and (2) of the Act if that person enjoys diplomatic immunity or similar legal status:

(a) an expert appointed under article 289 of the Convention;

(b) an agent, a counsel or an advocate before the Tribunal or a Chamber of the Tribunal;

(c) a witness, an expert, or any person performing a mission in Singapore by order of the Tribunal or a Chamber of the Tribunal.

(2)  The exemption from section 6(1) of the Act conferred by sub‑paragraph (1) —

(a) does not apply to any person who is a permanent resident of Singapore; and

(b) is subject to regulation 39 of the Immigration Regulations (Rg 1).

(3)  The exemption under sub‑paragraph (1) does not affect the exemptions under the Immigration (Exemption from Section 6) Order (O 1).

Burden of proof

4.  The burden of proof that any person is a person to whom this Order applies lies on that person.

Saving

5.  Nothing in this Order is to be construed to exempt any person from examination under section 24, 25, 25A or 26 of the Act, as the case may be.

Made on 18 April 2023.

PANG KIN KEONG

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 82/2/16/03; AG/LEGIS/SL/133/2020/1 Vol. 1]