DEATH IN MALAYSIA GUIDE FOR BEREAVED FAMILIES …...Legal Aid The Malaysian Legal Aid Bureau is a government body that provides legal assistance for those who are not capable of appointing

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DEATH IN MALAYSIA

GUIDE FOR BEREAVED FAMILIES

CONSULAR SECTION BRITISH HIGH COMMISSION LEVEL 27 MENARA BINJAI

2 JALAN BINJAI 50450 KUALA LUMPUR

Tel: 00 (603) 2170 2200 Fax: 00 (603) 2170 2325

Email: [email protected]

mailto:[email protected]


Table of Contents Table of Contents ........................................................................................................ 2 Deaths in Malaysia ...................................................................................................... 3

Release letters from British High Commission ....................................................... 3 Autopsies / Post Mortems .......................................................................................... 3

Mortuary Facilities ....................................................................................................... 4 Repatriation and Burial ............................................................................................... 4

Death in hospitals .................................................................................................... 4 Death outside hospital ............................................................................................ 4

Repatriation .................................................................................................................. 5

Registration of the death ............................................................................................ 5

Malaysian National Registration Department ..................................................... 5

Consular Death Registration ................................................................................. 6

Return of Personal Effects ......................................................................................... 6

Police/Judicial Inquiries .............................................................................................. 6 Legal Aid ....................................................................................................................... 7 Compensation .............................................................................................................. 7

Victim Support.............................................................................................................. 7 Annex I - Legal Aid ...................................................................................................... 8

Legal Aid Bureau ......................................................................................................... 8 Malaysian Bar Council Legal Aid Scheme .......................................................... 9

Annex II – Local Undertakers / Funeral Directors ................................................ 10


Deaths in Malaysia

The death of a relative or a friend can be a traumatic experience. When the death occurs overseas, family and friends in the United Kingdom can feel additional distress as they are unfamiliar with foreign procedures and perhaps are unable to communicate in the language of the country where the death has occurred. The Consular Assistance Department of the Foreign and Commonwealth Office and our Consular staff in Malaysia are ready to help as much as they can. You may be uncertain about what to do next or who to contact for advice. These notes are designed to help you through the practical arrangements you will need to make. You should be aware that in Malaysia procedures differ significantly to those in the United Kingdom and that, while we understand your need for arrangements to be made quickly, this is not always possible. The information contained in this document is not meant to be a definitive statement of the law, nor is it to be taken as a substitute for independent legal advice. Release letters from British High Commission When a death occurs in Malaysia, the local mortuaries or hospitals will request a letter of release from British High Commission. This letter, which can be issued by our Consular staff in Malaysia, is to confirm that British High Commission has no objections to the family’s or friends’ funeral arrangements of your loved ones. For the issuance of the letter, we require the following information and original documents:

(1) The name and details of the hospital or mortuary requesting the release letter.

(2) Name of the deceased. (3) Passport of the deceased. (4) Name of next of kin or appointed Power of Attorney. (5) Passport of next of kin or appointed Power of Attorney. (6) Proof of relationship between the deceased and next of kin (for

example, birth certificate or marriage certificate) or legal document confirming appointment as Power of Attorney.

(7) Name and contact information of the appointed local funeral company. The release letter can then collected by the local funeral company or emailed directly to the mortuary or to the hospital. There is no fee applicable for this letter. Autopsies / Post Mortems Post mortems are not routinely performed except if the death was due to suspicious circumstances or trauma. However, the police have the power to order a post mortem inquiry for any death.


When a person dies of natural causes but was not hospitalised at the time of their death, a police report must be made. The police will ask the next of kin for all the relevant medical and other records of the deceased. In these circumstances the police will usually request a post mortem examination to determine the actual cause of death. The pathologist or medical officer will then forward the completed post mortem report, detailing the cause of death to the police who will then decide if any further action is needed. During a post mortem examination in Malaysia some of the deceased's organs could sometimes be retained without the consent of the next of kin. In the case of the death of a British Citizen, the British High Commission could write to request that this does not happen. In most cases, the Malaysian death certificates will indicate the cause of death. However in some rare cases, the Malaysian death certificate may state “pending further investigation”, which requires the results from the post mortem examination. Once completed, post mortem reports can be obtained (upon payment of a fee) from the medical records office of the hospital concerned. But these are only available to the next of kin or their representatives or if an inquest is opened in the United Kingdom, to the Coroner. Consular staff in Malaysia can apply for the post mortem report on your behalf, and British High Commission will not release the post mortem reports to any other parties, without the written consent of the deceased's family. Mortuary Facilities Mortuary facilities similar to those in the UK are available in general hospitals in Malaysia and in some funeral houses. Separate facilities are available for Muslims. Repatriation and Burial Death in hospitals When a death occurs in a government-registered hospital, the medical practitioner will certify the cause of death. The hospital will be required to register the death within 24 hours. The hospital will issue the following documents: (a) National Registration Department (NRD) Death Registration Form; (b) Burial permit (only required if the remains of the deceased are to be

buried or cremated in Malaysia). Once the local funeral company has obtained these documents, he/she will proceed with the arrangements for burial, cremation or repatriation, according to the instructions of the next of kin. Death outside hospital When a person dies of natural causes but was not hospitalised at the time of death, a police report must be made. The next of kin must give all the relevant medical records and documentation to the police.


The police may request a post mortem examination to determine the actual cause of death. The pathologist or medical officer will then forward the completed report with the cause of death to the police and the police will decide if any further action is needed. The investigating police officer will register the death and issue the burial permit. Once the funeral company obtains clearance from the police, he/she will proceed with the arrangements for burial, cremation or repatriation, according to the instructions of the next of kin. If a local burial or cremation takes place, there will be no inquest carried out in the United Kingdom. Repatriation After examining all the relevant documents, the officer from the local health department will grant permission to export the remains of a deceased person to a designated country. It is advisable to seek professional advice from a local funeral company, who may have more experience dealing with overseas repatriation. The funeral company will liaise with the airline to arrange an appropriate flight. Once the flight is confirmed, the funeral company will arrange for the casket to be sealed. An officer from the local health authority is required to be present at this point to personally witness the sealing of the casket. The funeral company will also liaise with the appointed funeral company in the United Kingdom, to ensure the casket is received upon arrival and to assist the family or friends in the United Kingdom. Some families will consider cremation and will take the ashes back to a designated country. It is also advisable to seek professional advice from a local funeral company, who may have more experience with the requirements taking ashes aboard an aircraft. The British High Commission will also provide a letter of no objection, which gives permission for the deceased to be repatriated to the United Kingdom or the deceased’s country of origin.

Registration of the death Malaysian National Registration Department

The Malaysian National Registration Department (NRD) is required to issue a death certificate within 24 hours of the death being reported. The death certificate will normally state the cause of death. The details of the deceased will be recorded in the NRD central database, which can be searched by any Registration Officer. An extract copy of the Malaysian Death Certificate may be obtained from any NRD office upon payment of a fee. The appointed local funeral company will usually arrange to obtain an extract of the Malaysian Death Certificate on behalf of the next of kin. Families or appointed Power of Attorney can also obtain an extract of the Malaysian Death Certificate directly from NRD.


The National Registration Department can be contacted at: National Registration Department Kementerian Dalam Negeri No.20 Persiaran Perdana Presint 2 Pusat Pentadbiran Kerajaan Persekutuan 62551 Putrajaya Tel: 03 8000 8000, Fax: 03 8880 8288 http://www.jpn.gov.my/en Consular Death Registration

The next of kin may also wish to register the death with the Overseas Resident Unit, in the United Kingdom. The Overseas Resident Unit is a department within the Foreign & Commonwealth Office. This is an optional service whereby a permanent record of the death is made at the General Register Office in the United Kingdom. An extract of this registration is provided in the form of a British consular death certificate. This can be useful to assist with any legal or practical arrangements in the United Kingdom. To register, please submit an application to the Overseas Resident Unit. For full information on how to apply, please visit: www.gov.uk/register-a-death A fee is charged for this service. The passport of the deceased will be cancelled by a Consular Section, at the British High Commission in Kuala Lumpur. Return of Personal Effects

If the next of kin is in Malaysia wish to make funeral or repatriation arrangements, the personal effects of the deceased will be handed over to the next of kin, either by the police or by the funeral company. If next of kin is not in Malaysia the appointed funeral company may send the personal belongings back to the United Kingdom together with the deceased's remains. It is advisable that consult the appointed funeral director to establish if this arrangement is possible. Police/Judicial Inquiries

When the death is under suspicious circumstances or due to a road traffic accident, the police will open an investigation into the death. The initial police report is a public record to which the next of kin may have access to. However if the police’s investigation leads to a criminal prosecution, the request for the release of police report is at the police’s discretion. Most of the time, it is upon the conclusion of criminal prosecution, the police report may then be available for request.

http://www.jpn.gov.my/en

http://www.gov.uk/register-a-death


An inquest may be opened in Malaysia, at the recommendation of the Deputy Public Prosecutor reviewing the police’s investigation. An inquiry into the cause of death is carried out when there is a reason to suspect that a person has died in the following manner:-

• Sudden or unnatural; • As a result of violence; or • That the person’s death resulted or was caused by any criminal act or

omission on the part of any other person. The Coroners in the United Kingdom may also open a separate inquest.

Legal Aid

The Malaysian Legal Aid Bureau is a government body that provides legal assistance for those who are not capable of appointing or hiring a private lawyer to represent them in court. Provision of legal aid is means tested. Please refer to ANNEX I for further details of Legal Aid. Compensation There are no formal government compensation schemes available, although damages can be claimed from the accused, and a decision will be made by the courts when the case is heard.

Victim Support Victim Support is a national charity in the United Kingdom, who provides free and confidential help to bereaved families and friends. Victim Support can be contacted at any time, on 0845 30 30 900 (UK number).


Annex I - Legal Aid Legal Aid Department The Malaysian Government has a Legal Aid Department, also known as JBG (Jabatan Bantuan Guaman), which has a panel of lawyers who are assigned to represent people falling into the following categories: Qualification (i) Those with a source of income not exceeding RM 30,000 per year

qualify for free Legal Aid; (ii) Those with a source of income exceeding RM 30,000 per year but not

exceeding RM 50,000 per year qualify for legal aid upon payment of a RM 500 to RM 5,000 contribution to the Chief Director of the Legal Aid Bureau;

(iii) Those not falling into one of the above categories may apply to the

Chief Director of the Legal Aid Bureau for special legal assistance. Special exceptions are considered on a case by case basis.

The Legal Aid Bureau can be contacted at the following address: Head Office of Legal Aid Department Prime Minister’s Office, Level 1, Legal Affairs Building, Presint 3, Pusat Pentadbiran Kerajaan Persekutuan, 62692 Putrajaya Tel: 03 8885 1000 Fax: 03 8885 1829 http://www.jbg.gov.my/en Government-funded legal aid is only available for the following types of legal cases: (1) Syariah Family Cases (2) Civil Family Cases (3) Civil Cases

i. Employee compensation ii. Paddy plantation iii. Small estate matters iv. Road accident claim v. Loan vi. Hire-purchase vii. Application Grant of Probate & Letter of Administration viii. Adoption ix. Consumer claim

(4) Criminal Cases (i) Confession of crime (ii) Juvenile cases (iii) Minor offences

(5) Legal advice in all law related issues.

http://www.jbg.gov.my/en


Malaysian Bar Council Legal Aid Scheme The Malaysian Bar Council also has a legal aid scheme, provided by volunteer lawyers who are all members of the Bar. The Bar Council has a number of legal aid centres where free legal advice can be sought. Details are available from the Malaysian Bar Council at the following address: Malaysian Bar Council No. 13, 15 & 17, Leboh Pasar Besar 50050 Kuala Lumpur Tel: +603-2050 2050 Fax: +603-2026 1313 Website: www.malaysianbar.org.my Email: [email protected] Legal advice and assistance is given only in cases involving

Family matters - Custody of children, divorce, maintenance, matrimonial property, rights of inheritance

Industrial accidents

Employment

Housing and Tenancy matters

Detention

Consumer problems

Criminal matters As the Scheme is meant only for the poor and needy, every person seeking legal aid is required to undergo a mandatory means test. To qualify for the assistance under the Scheme the applicant will be asked their income and their expenditure in order to ascertain their disposable income. Another criterion considered is their assets. Applicants who own assets of above a certain level may not qualify for legal aid. In addition to the mean test, certain applications may also be considered under the Merit Test. You must apply for legal aid either from your nearest Legal Aid Centre or by making a direct request for assistance in writing to the Malaysian Bar Council at the above address.

http://www.malaysianbar.org.my/



Annex II – Local Undertakers / Funeral Directors Casket Paradise & Funeral Care Sdn Bhd 19 B, Jalan Dewan Bahasa, 50460 Kuala Lumpur Email: [email protected] Tel No: +603 2148 5776 Tel No: +603 2148 4855 Fax No: +603 2143 1442 This company has told us the following things:

they have English speaking staff.

specialisations are in international repatriation of deceased, and embalming by qualified embalmers.

they have experience of representing British nationals.

they do not offer repayment plans - their standard payment practices are on up-front basis or Insurance GoP (Guarantee of Payment).

areas/regions of the country they provide services for include Peninsular Malaysia and East Malaysia.

Eden Funeral Services Jalan 51A/229, 46100 Petaling Jaya, Selangor Email: [email protected] Email: [email protected] Hotline: 1 300 80 8080 Tel No: +60 13 311 5722 Fax +603 4025 5722 This company has told us the following things:


specialisations are in international repatriation and import of deceased’s remains/ashes. Embalming treatment by qualified embalmers.


they offer repayment plans.


MI Casket Sdn Bhd No.12, Jalan Pahang Barat, 50300, Kuala Lumpur Email: [email protected] Tel No: +603 4021 9150 Tel No: +603 4021 9140




This company has told us the following things:


specialisations are in repatriation of deceased, and embalming.




Nirvana Care Sdn Bhd Level 3A, Wisma Nirvana, No. 1, Jalan 1/116A, Off Jalan Sungai Besi, 57100 Kuala Lumpur Email: [email protected] Tel: 1800 88 1818 / 03 7981 8899 This company has told us of the following things:

they have English speaking staff

specialisations are in outbound repatriation services, obtaining death certificates, conducting funeral rites, arterial embalming services with zinc lining casket, customs and document handling, local removal and transportation to airport, 24-hour care service team for repatriation services, and grief support

they are not affiliated to a regulatory authority, but have long working relationships with the local authorities and hospitals

they have experience of representing British nationals

they offer repayment plans, however repayment plans are designed for Pre Need Funeral Services with terms and conditions applied

areas/regions of the country they provide services for include major cities in Malaysia

PJ Modern Casket & Funeral Parlour Sdn Bhd Jalan 229, Section 51A, 46100, Petaling Jaya, Selangor. Email: [email protected] Tel No: +603 7876 1067 Tel No: +603 7876 0744 Tel No: +603 7877 2328 Fax No: +603 7874 9313 This company has told us the following things:


specialisations are in repatriation of deceased, and embalming.





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DEATH IN MALAYSIA GUIDE FOR BEREAVED FAMILIES …...Legal Aid The Malaysian Legal Aid Bureau is a government body that provides legal assistance for those who are not capable of appointing