LAWS OF MALAYSIA

Act 479

EXTRADITION ACT 1992

3

LAWS OF MALAYSIA

Act 479

EXTRADITI0N ACT 1992

ARRANGEMENT OF SECTIONS————————————————————

PART IPRELIMINARY

Section1. Short title and application.2. Order of the Minister.3. Special direction of the Minister applying this Act where no

order has been made under section 2.4. Direction of the Minister to apply procedure in section 20.5. Interpretation.

PART IIEXTRADITION OFFENCE

6. Extradition offence.7. Law of a country.

PART IIIRETURN OF FUGITIVE CRIMINALS

8. Restrictions on return of fugitive criminals.9. Exceptions to political offences.

10. When consent of the Minister is necessary.

PART IVPROCEDURE FOR RETURN OF FUGITVE CRIMINALS

11. Liabili ty of fugit ive criminal to be apprehended andreturned.

12. Requisition for return of fugitive criminal.13. Issue of warrants by Magistrate.14. Magistrate to report issue of provisional warrant to Minister.15. Procedure in respect of a fugitive criminal apprehended on

a warrant issued under paragraph 13(l)(a).16. Procedure in respect of fugitive criminal apprehended on a

provisional warrant.

[Arrangements of Sections]

4 ACT 479

Section17. Procedure in respect of a fugitive criminal apprehended on

a provisional warrant when order has been received by theMagistrate.

18. Powers and jurisdiction of Sessions Court.19. Procedure before Sessions Court.20. Procedure before Sessions Cout where a special direction

has been given under section 4.21. Return of fug i t i ve criminal.22. Waiver of committal proceedings by fugitive criminal.23. Depositions to be evidence.24. Authentication of foreign documents.

PART VRETURN OF FUGITIVE CRIMINALS TO BRUNEI

DARUSSALAM AND THE REPUBLIC OF SINGAPORE

25. Application to Brunei Darussalam and Singapore.26. Endorsment of warrant issued in Brunei Darussalam or

Singapore.27. Warrant executed in Brunei Darussalam or Singapore

deemed to be validly executed in Malaysia.28. Transfer of persons to Brunei Darussalam or Singapore.

PART VIRETURN OF FUGITIVE CRIMINALS WHO ARE ALSO PRISONERS

TO STAND TRIAL

29. Procedure for return.30. Fugitive criminal ceases to be liable to serve the sentence

in Malaysia, time spent in custody in connection with issueof temporary surrender warrant.

31. Issue of warrant by Minister.

PART VIIRETURN OF ACCUSED OR CONVICTED

PERSONS TO MALAYSIA

32. Extraditable offences.33. Conveyance of accused or convicted person returned.34. Accused or convicted person returned to Malaysia not to be

tried for previous offence or returned to another country.35. Persons temporarily returned to Malaysia.

[Arrangements of Sections]

EXTRADITION 5

PART VIIIHABEAS CORPUS AND REVIEW

Section36. Application for habeas corpus.37. Review by High Court.

PART IXMISCELLANEOUS

38. Country includes colonies, dependencies, protectorates,vessels or aircraft.

39. Liability of fugitive criminal to be arrested and returned.40. Minister may direct detention of fugitive criminal on transit.41. Appearance on behalf of the Public Prosecutor.42. Jurisdiction as to offences committed at sea or in air.43. Discharge of fugitive criminal if not returned wi th in three

months.44. Provisions in the Criminal Procedure Code when applicable.45. Property found on fugitive criminal.46. Forms.47. Power of Minister to discharge any fugitive criminal in

custody.48. Simultaneous requisitions.49. Discretion in respect of return of certain fugit ive criminals.50. Taking of evidence for purpose of criminal matters pending

in a country.51. Witnesses to attend and give evidence, etc.52. Taking of evidence for purpose of re turn of f u g i t i v e

criminals to Malaysia.53. Rules.

PART X54. Repeal.

SCHEDULE.

[Pt. I, S. 1-2]

7LAWS OF MALAYSIA

Act 479

EXTRADITION ACT 1992

An Act relating to the extradition of fugitive criminals.

[ ]

BE IT ENACTED by the Duli Yang Maha Mulia SeriPaduka Baginda Yang di-Pertuan Agong with the adviceand consent of the Dewan Negara and Dewan Rakyat inParliament assembled, and by the authority of the same,as follows:

PART IPRELIMINARY

1. (1) This Act may be cited as the Extradition Act1992 and shall apply throughout Malaysia.

(2) This Act or any part thereof shall apply to—(a) such countries in respect of which the Minister

has issued an order under section 2;(b) such countries in respect of which the Minister

has issued a special direction under section 3:Provided that Part V shall apply to Brunei Darussalam

and the Republic of Singapore notwithstanding that noorder under section 2 or special direction under section3 has been issued or given by the Minister.

Short titleandapplication.

2. (1) Where a binding arrangement has been enteredinto between Malaysia and any country for theextradition of fugitive criminals, the Minister may, byorder to be published in the Gazette reciting orembodying the terms of such arrangement, direct that

Order of theMinister.

[Pt. I, S. 2-4]

8 ACT 479

the provisions of this Act shall apply to that countrysubject to any restriction, exception, modification,adaptation, condition or qualification contained in theorder.

(2) Where any arrangement referred to in this sectionis revoked or lapses, the Minister shall, by orderpublished in the Gazette, forthwith certify that fact; andany such order shall be conclusive evidence that thearrangement referred to therein has been revoked or haslapsed, as the case may be, and shall not be questionedin any legal proceedings whatsoever.

(3) Any order made under this section shall be laidbefore each House of Parliament as soon as may beafter it is made.

(4) An order made under this section shall beconclusive evidence that the arrangement thereinreferred to complies with the provisions of this Act, andthat this Act applies in the case of the country mentionedin the order, and the validity of such order shall not bequestioned in any legal proceedings whatsoever.

Specialdirection ofthe Ministerapplying thisAct where noorder hasbeen madeunder section2.

3. Where a country in respect of which no order hasbeen made under section 2 makes a request for theextradition thereto of a fugitive criminal, the Ministermay personally, if he deems it fit to do so, give a specialdirection in writing that the provisions of this Act shallapply to that country in relation to the extraditionthereto of that particular fugitive criminal.

Direction ofthe Ministerto applyprocedure insection 20.

4. Where the binding arrangement which has beenentered into between Malaysia and any country for theextradition of fugitive criminals contains a provision forthe prima facie requirement to be dispensed with eithergenerally or in relation to a class or classes of offences,the Minister may give a direction in writing that theprocedure specified in section 20 shall apply to suchcases.

[Pt. I, S. 5]

EXTRADITION 9

5. In this Act, unless the context otherwise requires— Interpretation.

"country" includes a territory of a country which,though not sovereign and independent, is authorised bythat country to enter into extradition arrangements withother countries;

"diplomatic representative" means a chiefrepresentative or consular officer as defined in theDiplomatic and Consular Privileges Ordinance 1957; Ord. 53/57.

"extraditable offence" means an offence described insection 32;

"extradition offence" means an offence described insubsection 6(2) or 6(3);

"fugitive criminal" means any person who is accusedof or convicted of an extradition offence committedwithin the jurisdiction of another country and is, or issuspected to be, in some part of Malaysia;

"Magistrate" means a Magistrate of the First Class ora Sessions Court Judge;

"Minister" means the Minister of Home Affairs;

"prescribed" means prescribed by rules made underthis Act;

"provisional warrant" means a warrant which is issuedunder paragraph 13(1)(b);

"surrender warrant" means a warrant which is issuedunder paragraph 2l(2)(b);

"temporary surrender warrant" means a warrant whichis issued under paragraph 2l(2)(a) .

[Pt. II-III, S. 6-8]

10 ACT 479PART II

EXTRADITION OFFENCE

Extraditionoffence.

6. (1) A fugitive criminal shall onlv be returned for anextradition offence.

(2) For the purposes of this Act, an extraditionoffence is an offence, however described, includingfiscal offences—

(a) which is punishable, under the laws of a countryreferred to under paragraph 1(2)(a) or l(2)(b),with imprisonment for not less than one year orwith death; and

(b) which, if committed within the jurisdiction ofMalaysia, is punishable under the laws ofMalaysia with imprisonment for not less thanone year or with death:

Provided that, in the case of an extraterritorialoffence, it is so punishable under the laws ofMalaysia if it took place in correspondingcircumstances outside Malaysia.

(3) An offence shall also be an extradition offence ifit consists of an attempt or a conspiracy to commit, oran abetment of the commission of, any offencedescribed in subsection (2).

Law of acountry.

7. A reference in this Act to a law of a Country includesa reference to a law of, or in force in, a part of thatcountry.

PART IIIRETURN OF FUGITIVE CRIMINALS

Restrictionson return offugitivecriminals.

8. A fugitive criminal shall not be surrendered to acountry seeking his return—

(a) if the offence in respect of which his return issought is of a political character or he provesto the satisfaction of the Sessions Court beforewhich he is brought or of the Minister that the

[Pt. III, S. 8]

EXTRADITION 11

warrant for his return has in fact been madewith a view to try or punish him for an offenceof a political character;

(b) if the request for his surrender althoughpurporting to be made for an extradition offencewas in fact made for the purpose of prosecutingor punishing the person on account of his race,religion, nationality or political opinions;

(c) if he might be prejudiced at his trial or punishedor imprisoned by reason of his race, religion,nationality or political opinions;

(d) if prosecution for the offence in respect ofwhich his return is sought is, according to thelaw of that country, barred by time;

(e) unless provision is made by the law of thatcountry, or in the extradition arrangement withthat country, that a fugitive criminal who hasnot had a reasonable opportunity of leaving thatcountry shall not be detained or tried in thatcountry for any offence committed prior to hisreturn, other than the extradition offence provedby the facts on which his surrender or return isbased or any lesser offence proved by the factson which that return was grounded unless theconsent of the appropriate authority in therequested country has been obtained; or

(f) unless provision is made by the law of thatcountry, or in the extradition arrangement withthat country, that a fugitive criminal who hasnot had a reasonable opportunity of leaving thatcountry shall not be extradited to anothercountry for trial or punishment for any offencethat is alleged to have been committed or wascommitted before the fugitive criminars returnto the first mentioned country unless the consentof the appropriate authority in the requestedcountry has been obtained.

[Pt. III, S. 9.10]

12 ACT 479Exceptions topoliticaloffences.

9. (1) For the purposes of paragraph 8 ( a ) , any of thefollowing offences shall not be held to be offences ofa political character in relation to a country which hasmade corresponding provisions in its laws:

(a) murder or other wilful crime against the personof a Head of State or a member of the Head ofState's immediate family;

(b) an act which, under a multilateral treaty towhich Malaysia and the country seeking thereturn of the fugitive criminal are parties,constitutes an offence for which a person willbe extradited or prosecuted notwithstanding thepolitical character or motivation of such act;

(c) any attempt, abetment or a conspiracy tocommit any of the foregoing offences.

When consentof theMinister isnecessary.

10. (1) Where a fugitive criminal has been returned toa country and the country concerned intends to try himfor an extradition offence committed prior to his returnother than that for which he was extradited, or toextradite him to another country for trial or punishmentfor any other offence, it shall make a request for theconsent of the Minister through its diplomaticrepresentative and such request shall be accompaniedby all relevant information and documents in respectthereof.

(2) The Minister may call for any additionalinformation or documents as he may require in orderthat he may be satisfied that the request for his consentunder subsection (1) is consistent with the provisions ofthis Act.

(3) The Minister shall not give his consent undersubsection (1) if he has reasonable grounds for believingthat the offence to which the request for consent relatescould have been charged prior to the return of suchfugitive criminal if due diligence had been exercised.

[Pt. IV, S. 11-12]

EXTRADITION 13

PART IVPROCEDURE FOR RETURN OF PUGITIVE CRIMINALS

11. Where a fugitive criminal is found in Malaysia, heshall be liable to be apprehended and returned in themanner provided by this Part to the country concerned.

Liability of afugitivecriminal to beapprehendedand returned.

12. (1) A requisition by any country for the return ofa fugitive criminal who is in or suspected of being inMalaysia shall be made to the Minister by a diplomaticrepresentative of that country.

Requisilionfor return offugitivecriminal.

(2) There shall be furnished with any requisitionmade for the purposes of subsection (1)—

(a) in the case of a fugitive criminal accused of anoffence, a warrant for his apprehension issuedin that country; or

(b) in the case of a fugitive criminal unlawfully atlarge after conviction of an offence, a certificateof the conviction and sentence in that countryand a statement of the amount, if any, of thatsentence which has been served,

together in each case with particulars of the fugitivecriminal whose return is requested and of the facts uponwhich and the law under which he is accused or wasconvicted, and evidence sufficient to justify the issue ofa warrant for his apprehension under section 13.

(3) On receipt of such requisition, the Minister may,by order under his hand and seal, signify to a Magistratethat such requisition has been made and authorise himto issue a warrant for the apprehension of the fugitivecriminal.

(4) If the Minister is of the opinion that the offenceto which the warrant relates is one of a politicalcharacter, he may, if he thinks fit, refuse to make anysuch order, and may also at any time order a fugitivecriminal convicted of such offence to be dischargedfrom custody.

[Pt. IV, S. 13-15]

14 ACT 479Issue ofwarrants byMagistrate.

13. (1) Where a fugitive criminal is in or suspected ofbeing in or on the way to Malaysia, the Magistrate—

(a) shall, on receipt of an order made undersubsection 12(3), i ssue a warrant for theapprehension of such fugitive criminal; or

(b) may, where no order has been made undersubsection 12(3), issue a provisional warrant forthe apprehension of such fugitive crimthal onsuch information and evidence and under suchcircumstances as would, in his opinion, justifythe issue of a warrant if the offence had beencommitted or the fugitive criminal convicted inMalaysia.

(2) For the purposes of paragraph ( l)(b) , informationcontained in an international notice issued bythe International Criminal Police Organisation(INTERPOL) in respect of a fugitive criminal may beconsidered by the Magistrate in deciding whether aprovisional warrant should be issued for theapprehension of a fugitive criminal.

Magistrate toreport issueof provisionalwarrant toMinister.

14. (1) A Magistrate issuing a provisional warrant shallforthwith send a report of the issue together with theinformation or evidence or certified copy thereof to theMinister.

(2) The Minister may, if he thinks fit, order thewarrant to be cancelled and the person who has beenapprehended on the warrant to be discharged.

Procedure inrespect of afugitivecriminalapprehendedon a warrantissued underparagraph 13(1) (a).

15. A fugitive criminal who is apprehended on awarrant issued under paragraph 1 3 ( 1 ) ( a ) shall bebrought before any Magistrate who shall order—

(a) that the case be transmitted to the SessionsCourt; and

(b) that the fugitive criminal be remanded incustody prior to his appearance before theSessions Court.

[Pt. IV, S. 16-17]

EXTRADITION 15

16. (1) A fugitive criminal who is apprehended on aprovisional warrant shall be brought before anyMagistrate who shall, in the case where the Minister hasnot received any requisition for the return of the fugitivecriminal, order that the fugitive criminal be remandedin custody for such reasonable period of time as withreference to the circumstances of the case he may fix,and for this purpose, the Magistrate shall take intoaccount any period in the relevant extraditionarrangement relating to the permissible period ofremand upon provisional arrest of a fugitive criminal.

(2) Upon receipt of the order of the Ministersignifying that a requisition has been made for the returnof the fugitive criminal, the Magistrate shall order—

(a) that the case be transmitted to the SessionsCourt; and

(b) that his remand under subsection (1) beextended unt i l his appearance before theSessions Court.

(3) The Magistrate shall, where he has not receivedfrom the Minister within such period of time as he mayfix under subsection (1) an order signifying that arequisition has been made for the return of the fugitivecriminal, order that the fugitive criminal be discharged.

Procedure inrespect offugitivecriminalapprehendedon aprovisionalwarrant.

17. Where at the time the fugitive criminal who isapprehended on a provisional warrant is brought beforeany Magistrate the Magistrate has received an order ofthe Minister signifying that a requisition has been madefor the return of the fugitive criminal, the Magistrateshall order—

(a) that the case be transmitted to the SessionsCourt; and

(b) that the fugi t ive cr iminal be remanded incustody until his appearance before the SessionsCourt.

Procedure inrespect of atugilivecriminalapprehendedon aprovisionalwarrant whenorder hasbeen receivedhy theMagistrate.

[Pt. IV, S. 18-19]

16 ACT 479Powers andjurisdictionof SessionsCourt.

18. A Sessions Court shall have the powers andjurisdiction to inquire into an extradition matter broughtbefore it in accordance with the procedure specifiedunder this Act.

ProcedurebeforeSessionsCourt.

19. (1) Where the fugitive criminal is brought beforethe Sessions Court, the Sessions Court shall receive anyevidence tendered by or on behalf of the fugitivecriminal to show—

(a) that he did not do or omit to do the act allegedto have been done or omitted by him;

(b) that he is not the person against whom thewarrant was issued in the country which seekshis return;

(c) that the alleged act or omission is not anextradition offence in relation to the countrywhich seeks his return;

(d) that the offence is of a political character, orthat the proceedings are being taken with a viewto try or punish him for an offence of a politicalcharacter;

(e) that the offence is an offence under military lawwhich is not also an offence under the generalcriminal law;

(f) that the alleged act or omission does notconstitute an offence under the law of Malaysia;

(g) that his return would not be in accordance withthe provisions of this Act;

(h) that he has been previously convicted oracquitted or pardoned by a competent tribunalor authority in the country which seeks hisreturn or in Malaysia in respect of the allegedact or omission; or

(i) that the request for his surrender was made forthe purpose of prosecuting or punishing him onaccount of his race, religion, nationality orpolitical opinions, or that he might beprejudiced at his trial or punished or imprisoned

[Pt. IV, S. 19-20]

EXTRADITION 17

by reason of his race, religion, nationality orpolitical opinions.

(2) Nothing in this section shall limit the power ofthe Sessions Court to receive any other evidence thatmay be tendered to show that the fugitive criminalshould not be returned.

(3) For the purposes of paragraph (2)(d), the SessionsCourt may receive such evidence as in its opinion mayassist it in determining the truth, whether or not suchevidence is otherwise legally admissible in a court oflaw.

(4) If the Sessions Court is of the opinion that aprima facie case is not made out in support of therequisition of the country concerned, the Court shalldischarge the fugitive criminal.

(5) If the Sessions Court is of the opinion that aprimafacie case is made out in support of the requisitionof the country concerned, the Court shall commit thefugitive criminal to prison to await the order of theMinister for his surrender, and shall report the result ofits inquiry to the Minister; and shall forward togetherwith such report any written statement which thefugitive criminal may desire to submit for theconsideration of the Minister.

20. (1) Where a direction has been given by theMinister under section 4, the Sessions Court shall—

(a) after hearing any representation made in supportof the extradition request;

(b) upon the production of supporting documents inrelation to the offence;

(c) upon being satisfied that the alleged act oromission of the fugitive criminal would, if ithad taken place in Malaysia, constitute anoffence under the laws of Malaysia;

ProcedurebeforeSessionsCourt where aspecialdirection hasbeen givenunder section4.

[Pt. IV, S. 20]

18 ACT 479(d) if the fugitive criminal does not satisfy the

Court that there are substantial grounds forbelieving that—

(i) "the offence is an offence of a politicalcharacter, or that the proceedings arebeing taken with a view to try or punishhim for an offence of a politicalcharacter;

(ii) prosecution for the offence in respect ofwhich his return is sought is barred bytime in the country which seeks hisreturn;

(iii) the offence is an offence under militarylaw which is not also an offence underthe general criminal law;

(iv) the fugitive criminal has been acquittedor pardoned by a competent tribunal orauthority in the country which seeks hisreturn or in Malaysia;

(v) the fugitive criminal has undergone thepunishment provided by the law of thecountry which seeks his return or ofMalaysia in respect of the extraditionoffence or any other offence constitutedby the same conduct as that whichconstitutes the extradition offence;

(e) upon being satisfied that the fugitive is notaccused of an offence, nor undergoing asentence in respect of an offence, in Malaysia,other than the extradition offence in respect ofwhich his return is sought,

commit the fugitive criminal to prison to await the orderby the Minister for his surrender.

(2) In the proceedings before the Sessions Courtunder subsection (1) the fugitive criminal is not entitledto adduce, and the Court is not entitled to receive,evidence to contradict the allegation that the fugitivecriminal has done or omitted to do the act whichconstitutes the extradition offence for which his returnis sought.

[Pt. IV, S. 20-21]

EXTRADITION 19

(3) In this section, "supporting documents" means—(a) any duly authenticated warrant for the arrest of

the fugitive criminal issued by the countrywhich seeks his return or any duly authenticatedcopy of such wartant;

(b) any duly authenticated document to provideevidence of the fugitive criminars convictionor sentence or the extent to which a sentenceimposed has not been carried out;

(c) a statement in writing setting out a descriptionof, and the penalty applicable in respeot of, theoffence and a duly authenticated statement inwriting setting out the conduct constituting theoffence.

21. (1) If the Sessions Court commits the fugitivecriminal to prison pursuant to section 19 or 20, the Courtshall also inform such fugitive criminal that he will notbe surrendered until after the expiration of such period,not being less than fifteen days, as the Minister maydetermine and that he has a right to apply to the HighCourt for a writ of habeas corpus.

(2) Upon the expiration of the period referred to insubsection (1) or, if an application for a writ of habeascorpus has been made to the High Court by the fugitivecriminal, upon the final determination of suchapplication by the High Court or after such furtherperiod as may be allowed in either case by the Minister,the Minister shall—

(a) in the case of a requisition made under section29, issue a temporary surrender warrant underhis hand and seal; or

(b) in the case of a requisition made under section12, issue a surrender warrant under his handand seal,

to order the fugitive criminal to be surrendered to suchperson as may in his opinion be duly authorised toreceive the fugitive criminal by the country which madethe requisition for his return, and such fugitive criminalshall be returned accordingly.

Return offugitivecriminal.

[Pt. IV, S. 21-22]

20 ACT 479

(3) It shall be lawful for any person to whom suchwarrant is directed and for the person so authorised asaforesaid to receive, hold in custody and convey, withinthe jurisdiction of the country which made therequisition for his return, the Fugitive criminal and if thefugitive criminal escapes out of any custody to whichhe may be surrendered in pursuance of such warrant, itshall be lawful to retake him in the same manner as anyperson accused of any crime against the laws ofMalaysia may be retaken upon an escape.

Waiver ofcommittalproceedingsby fugitivecriminal.

22. (1) When the fugitive criminal is brought beforethe Sessions Court he may inform the Court that heconsents to a waiver of the committal proceedingsbefore the Court and the Court shall—

(a) ascertain whether the consent is givenvoluntarily;

(b) upon being satisfied that such consent is givenvoluntarily, advise the fugitive criminal that theeffect of so consenting will be that—

(i) he will be committed to prison;(ii) he will not be entitled to apply under

section 36 for a writ of habeas corpus toreview the validity of the decision tocommit him to prison;

(iii) upon his return to the country whichmade the requisition for his return, heshall be tried for the extradition offencein respect of which his extradition wasrequested or he may be tried for anylesser offence proved by the facts onwhich that extradition offence wasgrounded;

(iv) upon his return to that country, he mayalso be tried for any other extraditionoffence in respect of which the Ministerso consents under section 10.

(2) If, after the fugitive criminal has been advised inaccordance with paragraph (l)(b), the fugitive criminalagain consents to the waiver, the Court shall commit the

[Pt. IV, S. 22-24]

EXTRADITION 21

fugitive criminal to prison to await the warrant of theMinister under subsection (3).

(3) The Minister may, at any time after a fugitivecriminal has been committed to prison, issue—

(a) a temporary surrender warrant; or(b) a surrender warrant,

as the case may be, for the return of the fugitive criminalto the country concerned.

(4) The provisions of section 36 shall not apply to afugitive criminal committed to prison under this sectidn.

23. Depositions or statements on oath taken in anycountry and copies of such original depositions orstatements, and foreign certificates of or judicialdocuments stating the fact of a conviction may, if dulyauthenticated, be received in evidence in proceedingsunder this Act.

Depositionstobeevidence.

24. Foreign warrants and depositions or statements onoath and copies thereof, and foreign certificates of orjudicial documents stating the fact of a conviction, shallbe deemed duly authenticated for the purposes of thisAct if authenticated in the manner provided for the timebeing by law or authenticated as follows:

(a) if the warrant purports to be signed by a Judge,Magistrate or officer of the country where thesame was issued;

(b) if the depositions or statements or the copiesthereof purport to be certified under the hand ofa Judge, Magistrate or officer of the countrywhere the same were taken to be the originaldepositions or statements, or to be true copiesthereof, as the case may require; or

(c) if the certificate of or judicial document statingthe fact of conviction purports to be certified bya Judge, Magistrate or officer of the countrywhere the conviction took place;

Authenticationof foreigndocuments.

[Pt. IV-V, S. 24-27]

22 ACT 479and if in every case the warrant, depositions, statement,copies, certificates and judicial documents (as the casemay be) are authenticated by the oath of some witnessor being sealed with the official seal of the Minister ofJustice or some other Minister of State; and all courtsin Malaysia shall take judicial notice of such officialseal and shall admit the documents so authenticated byit to be received in evidence without further proof.

PART VRETURN OF FUGITIVE CRIMINALS TO BRUNEI.

DARUSSALAM AND THE REPUBLIC OF SINGAPORE

Applicationto BruneiDarussalamandSingapore.

25. (1) This Part applies in relation to BruneiDarussalam and the Republic of Singapore.

(2) In this Part, "offence" means a seizable offenceor an offence punishable, on conviction, withimprisonment for a term exceeding six months underthe laws of Brunei Darussalam or the Republic ofSingapore.

Endorsementof warrantissued inBruneiDarussalamor Singapore.

P.M.S. Cap. 6,

26. Where, under the provisions of any law in force inBrunei Darussalam or the Republic of Singapore, ajudicial authority has issued a warrant authorising thearrest of a person accused or convicted of an offenceand that person is or is believed to be in Malaysia, aMagistrate in Malaysia may, if satisfied that the warrantwas duly issued in Brunei Darussalam or Singapore,endorse the warrant, and the warrant may then beexecuted on that person as if it were a warrant lawfullyissued in Malaysia under the provisions of the CriminalProcedure Code.

Warrantexecuted inBruneiDarussalamor Singaporedeemed to bevalidlyexecuted inMalaysia.

27. Where, under the provisions of any law in force inBrunei Darussalam or the Republic of Singaporecorresponding to section 26, a warrant issued by aMagistrate or a Magistrate's Court in Malaysia has beenendorsed by a Magistrate in Brunei Darussalam or theRepublic of Singapore and executed on the personnamed in the warrant, the warrant shall for the purposesof this Act be deemed to have been as validly executedas if the execution had been effected in Malaysia.

[Pt. V-VI, S. 28-29]

EXTRADITION 23

28. Where a warrant has been executed in Malaysiapursuant to section 26, the person arrested shall beproduced as soon as possible before a Magistrate inMalaysia, who shall, if satisfied that he is the personspecified in the warrant, direct that the arrested personbe transferred forthwith in custody to the appropriatecourt in Brunei Darussalam or the Republic ofSingapore; and any such person shall, while in suchcustody, be deemed for all purposes to be in lawfulcustody:

Provided that such Magistrate may, if for reasons 10be recorded by him he is satisfied that it is in theinterests of justice to do so and if the case is one inwhich bail may lawfully be granted, release the personarrested on bail conditional on his appearing before theappropriate court in Brunei Darussalam or the Republicof Singapore at a time to be specified in the bond andbail bond.

Transfer ofpersons toBruneiDarussalamor Singapore.

PART VIRETURN OF VUGITIVE CRIMINALS WHO ARE

ALSO PRISONERS TO STAND TRIAL

29. (1) A requisition by any country for the return ofa fugitive criminal who is serving a sentence orsentences of imprisonment in respect of an offence oroffences against a law of Malaysia, for the purpose ofa trial against him, shall be made to the Minister by adiplomatic representative of the country concerned.

Procedure forreturn.

(2) There shall be furnished with any requisitionmade under subsection (1) particulars of the fugitivecriminal whose return is requested and of the facts uponwhich and the law under he is accused as well asadequate undertakings to the effect that—

(a) the fugitive criminal shall be immediatelyreturned to Malaysia upon completion of histrial in the country concerned; and

[Pt VI, S. 29-31]

24 ACT 479(b) the country concerned shall—

(i) be responsible for the custody of thefugitive criminal while travelling to andfrom, and while in, the countryconcerned; and

(ii) take all appropriate and necessarymeasures to ensure" his safe return toMalaysia.

(3) Notwithstanding subsection (2), the Minister mayrequire the country concerned to give such otherundertakings as he may specify.

(4) Notwithstanding anything in any written law, theMinister, upon being satisfied that the requirements ofsubsection (2) have been met, may, by order under his,hand and seal, authorise that the fugitive criminal beremoved from his place of imprisonment and broughtbefore the Sessions Court for an inquiry under section19.

Fugitivecrirtiinalceases to beliable to servethe sentencein Malaysia,time spent incuslody inconnectionwith issue oftemporarysurrenderwarrant.

30. (1) Where, while the fugitive criminal is in acountry pursuant to a warrant issued under paragraph2l(2)(a), he ceases to be liable to serve the sentence orsentences of imprisonment in Malaysia, the Ministershall inform that country that the undertakings referredto in paragraphs 29(2)(a) and (b) are no longer requiredto be complied with.

(2) Any time spent by the fugitive criminal in custodyin connection with the warrant issued under paragraph21(2) (a ) (including time spent in custody outsideMalaysia) shall be counted as time served towards thesentence or sentences of imprisonment referred to insubsection 29(1).

Issue ofwarrant byMinister.

31. Where—(a) a fugitive criminal is returned to a country under

a temporary surrender warrant and thereafterreturned to Malaysia in pursuance of theundertakings referred to in subsection 29(2);and

[Pt. VI-VII, S. 31-34]

EXTRADITION 25

(b) the country concerned still seeks the return ofthe fugitive criminal after he has served hissentence in Malaysia,

the Minister may, in his discretion, issue a surrenderwarrant for the return of the fugitive criminal to thatcountry.

PART VIIRETURN OF ACCUSED OR CONVICTED

PERSONS TO MALAYSIA

32. In this Part, an extraditable offence is an offencehowever described, including fiscal offences, which ispunishable under the laws of Malaysia withimprisonment for not less than one year or with death.

Extraditableoffences.

33. Any person accused of or convicted of anextraditable offence who is returned by a country may,under the warrant of arrest for his return issued in thatcountry, be brought into Malaysia and delivered to theproper authority to be dealt with according to law.

Conveyanceof accused orconvictedpersonretumed.

34. Whenever any person accused of or convicted of anextraditable offence is returned by a country, that personshall not, unless he has left or has had an opportunityof leaving Malaysia—

(a) be detained or tried in Malaysia for any offencethat is alleged to have been committed, or wascommitted, prior to the return of such person,other than—

(i) the extraditable offence in respect ofwhich he is returned;

(ii) any lesser offence proved by the facts onwhich that return was grounded; or

(iii) any other extraditable offence in respectof which the country concerned consentsto the person being so detained or tried,if such consent is required by thatcountry;

as the case may be; or

Accused orconvictedpersonreturned toMalaysia notto be tried forpreviousoffence orreturned toanothercountry.

[Pt. VII-VIII, S. 34-36]

26 ACT 479(b) be extradited by Malaysia to another country

for trial or punishment for any extraditionoffence that is alleged to have been committed,or was committed, before the return of theperson to Malaysia umless, where so required bythe country that returned the person to Malaysia,that country's consent has been obtained.

Personstemporarilyretumed toMalaysia.

35. (1) Where a person who is serving a sentence ofimprisonment in respect of an offence m any country isreturned by that country to Malaysia, the person—

(a) shall, while travelling to and from, and while inMalaysia, be kept in custody as the Minister.orders in writing and the Minister may makesuch an order notwithstanding anything in anywritten law to the contrary; and

(b) shall not be tried in Malaysia in respect of anyoffence other than an offence proved by thefacts on which the return is based or any lesseroffence proyed by the facts on which that returnwas grounded or, with the consent of thecountry which returned him, any otherextraditable offence.

(2) Where—(a) a person is held in custody in accordance with

an order of the Minister under paragraph (l)(a);and

(b) the country which returned the person informsMalaysia that the person has served his sentenceof imprisonment in that country and is no longerrequired to be returned,

the Minister shall revoke such order.

PART VIIIHABEAS CORPUS AND REVIEW

Applicationfor habeascorpus.

F.M.S. Cap. 6.

36. A fugitive criminal who is committed to prisonunder this Act may apply to the High Court for a writof habeas corpus in accordance with the procedure asprovided in the Criminal Procedure Code.

[Pt. VIII, S. 37]

EXTRADITION 27

37. (1) Where a fugitive criminal is ordered by theSessions Court to be discharged under subsection 19(4),the Public Prosecutor may, at the request of the countryseeking his return, within ten days of the making of theorder by the Sessions Court, apply to the High Court fora review of the order of discharge on any question oflaw, and on such application the High Court may soreview the order.

(2) Where the Public Prosecutor desires to make suchan application, he shall, at the time of the making of theorder of discharge by the Sessions Court, give, to theCourt notice of his intention to apply to the High Courtfor a review of the order, and such notice shall operateas a stay of the order of discharge by the SessionsCourt—

(a) until the expiration of the period of ten days,beginning with the day on which the order ofdischarge was made; or

(b) if an application for a review of the order ofdischarge is made, until the determination of theapplication by the High Court.

(3) Where the Public Prosecutor gives notice of hisintention to apply for a review of the order of theSessions Court, the Court may grant, to the fugitivecriminal in respect of whom the order of discharge wasmade, bail pending the determination by the High Courtof the application.

(4) Upon application for a review of the order ofdischarge, the Sessions Court Judge shall transmit to theHigh Court the exhibits tendered before him, theevidence admitted in Court, the reasons for his decisionand his finding on any question of law which aroseduring the inquiry.

(5) The High Court to which an application is madefor a review of an order of discharge may order therelease on bail of the fugitive criminal on such termsand conditions as the Court thinks fit pendingdetermination of the application for review.

Review byHigh Court.

[Pt VIII-IX, S. 37-41]

28 ACT 479(6) The Migh Court may confirm, vary or quash the

order or make a new order in substitution for the orderso quashed, and any such order of the High Court shallbe final and conclusive.

PART IXMISCELLANEOUS

Countryincludescolonies,dependencies,protectorates,vessels oraircraft.

38. For the purposes of this Act, every constituent partof a country and every colony, dependency andprotectorate of, and every vessel or aircraft of, thatcountry shall be deemed to be within the jurisdiction ofand to be part of such country.

Liability offugitivecriminal to bearrested andretumed.

39. Every fugitive criminal shall, subject to theprovisions of this Act, be liable to be arrested andreturned, whether the offence in respect of which thereturn is sought was committed before or after thecommencement of this Act, and whether or not a Courtin Malaysia has jurisdiction to try that offence.

Minister maydirectdetention offugilivecriminal ontransit.

40. Notwithstanding anything in any written law, theMinister may in writing direct that a fugitive criminalwho is in Malaysia on transit to a country whichrequested for his return be detained in custody for suchperiod of time or in such place as he may determine.

Appearanceon behatf ofthe PublicProsecutor.

41. (1) Any barrister, advocate and solicitor or legalofficer in the employment of the government of anycountry may with the written authorisation of the PublicProsecutor appear on his behalf in any proceedingsunder this Act.

(2) Where the Public Prosecutor has issued a writtenauthorisation under subsection (1), the provisions in anywritten law pertaining to the admission of advocates andsolicitors and the right of advocates and solicitors toappear in all courts of justice in Malaysia shall not applyto the person named in such authorisation.

[Pt. IX, S. 41-45]

EXTRADITION 29

(3) The person named in the written authorisationshall comply with any directions that may be issued byor on behalt of the Public Prosecutor.

(4) The power given to the Public Prosecutor to issuea written authorisation under subsection (1) includes thepower to revoke, cancel or "Suspend such writtenauthorisation.

42. Where the offence in respect of which the return ofa fugitive criminal is sought was committed on boardany vessel on the high seas or any aircraft while in theair outside Malaysia which comes into any port oraerodrome in Malaysia, the Minister and any Magistratehaving jurisdiction in such port or aerodrome mayexercise the powers conferred by this Act.

Jurisdictionas to offencescommitted atsea or in air.

43. If a fugitive criminal who, in pursuance of this Act,has been committed to prison to await his return to anycountry is not conveyed out of Malaysia within threemonths after such committal, or if an application for awrit of habeas corpus or for a review has been madeto the High Court, after the final determination of suchapplication by the said Court, it shall be lawful for theMinister, upon application made to him by or on behalfof the fugitive criminal, to order such fugitive criminalto be discharged unless sufficient cause is shown to thecontrary.

Discharge offugilivecriminal ifnot returnedwithin threemonths.

44. The provisions of the Criminal Procedure Code inrelation to matters not covered by this Act shall applyin so far as they are not inconsistent with the provisionsof this Act, and in the event of any inconsistencybetween the provisions of this Act and the CriminalProcedure Code the provisions of this Act shall prevail.

Provisioas inthe CriminalProcedureCode whenapplicable.

45. (1) Everything found in the possession of a fugitivecriminal at the time of his arrest which may be materialas evidence in proving the extradition offence may be

Propertyfound onfugitivecriminal.

[Pt. IX, S. 45-48]

30 ACT 479

delivered up with the fugitive criminal on his return,subject to—

(a) a deferment of its delivery if it is needed asevidence in Malaysia;

(b) an undertaking for its return to Malaysia uponrequest;

(c) the rights, if any, of third parties with respectthereto.

(2) Everything mentioned in subsection (1) may bedelivered even when the extradition of the fugitivecriminal cannot be effected due to his death,disappearance or escape subject to the conditionsmentioned in that subsection.

Forms. 46. The Forms set out in the Schedule may be used inthe matters to which such Forms refer.

Power ofMinister todischarge anyfugitivecriminal incustody.

47. If it appears to the Minister that by reason of—

(a) the trivial nature of the case; or(b) the application for the return of a fugitive

criminal not being made in good faith or in theinterests of justice or being made for politicalreasons,

or for any other reason, it would, having regard to allthe circumstances, be unjust or oppressive to return thefugitive criminal, he may, by order, at any time, stayany proceedings under this Act and direct any warrantissued or endorsed under this Act to be revoked and theperson for whose arrest the warrant has been issued tobe discharged.

[Pt. IX, S. 48-50]

EXTRADITION 31

(2) The Minister, in determining to which country thefugitive criminal should be returned, shall consider allthe circumstances of the case and in particular—

(a) the relative seriousness of the offence;(b) the relative dates on which the requests were

made; and(c) the citizenship or other national status of the

fugitive criminal and his ordinary residence.

49. (1) The Minister may, in his discretion, refuse thesurrender or the return of a fugitive criminal if—

(a) the fugitive criminal is a citizen of Malaysia; or(b) the extradition offence is one in respect of

which the courts in Malaysia have jurisdiction.

(2) Where extradition is refused under subsection (1),the Minister shall, if courts in Malaysia have jurisdictionover the extradition offence, submit the case to thePublic Prosecutor with a view to having the fugitivecriminal prosecuted under the laws of Malaysia.

Discretion inrespect ofretum ofcertainfugitivecriminals.

50. (1) The Minister may, by order under his hand andseal, require a Magistrate to take evidence for thepurpose of any extradition matter pending in any Courtor Tribunal in any country.

(2) Upon the receipt of such order, the Magistrateshall take the evidence of every witness appearingbefore him for the purpose referred to in subsection (1)in like manner as if such witness appeared on apreliminary enquiry into the case of a person accusedof an offence triable by the High Court and shall certifyat the foot of the depositions so taken that such evidencewas taken before him and shall transmit the same to theMinister.

(3) The evidence referred to in subsection (1) may betaken in the presence or absence of the accused person,if any, and the fact of such presence or absence shallbe stated in such depositions.

Taking ofevidence forpurpose ofcriminalmatterspending in acountry.

[Pt. IX, S. 50-53]

32 ACT 479(4) This section shall not apply in the case of any

criminal matter of a political character.

Witnesses toattend andgiveevidence, etc.

51. Any person may be compelled for the purposes ofsection 50 to attend and give evidence and answerquestions and produce documents in like manner andsubject to the like conditions as he may be so compelledfor the purposes of a preliminary enquiry into the caseof a person accused of an offence triable by the HighCourt, and every such person shall in respect of allevidence and answers given by him be legally bound tostate the truth.

Taking ofevidence forpurpose ofreturn offugitivecriminals toMalaysia.

52. (1) Where a warrant has been issued in Malaysiafor the apprehension of a person and he is, or issuspected of being, in another country, the Minister mayby order in writing authorise a Magistrate to takeevidence in Malaysia for transmission to the countryconcerned for use in any proceedings in that country forthe return of that person to Malaysia.

(2) Upon receipt of the order, the Magistrate shall—(a) take the evidence on oath or affirmation of each

witness appearing before him to give evidencein relation to that matter;

(b) cause the evidence to be reduced into writingand certify that the evidence was taken by him;and

(c) cause the evidence so certified to be sent to theMinister.

(3) The person against whom the warrant of arresthas been issued under subsection (1) is not entitled tomake any representation or cause any representation tobe made in the proceeding under subsection (2).

Rules. 53. (1) The Minister may make rules generally forcarrying this Act into effect, and, in particular andwithout prejudice to the generality of the foregoing,such rules may provide for—

(a) any matter which is required to be, or may be,prescribed under this Act;

[Pt. IX-X, S. 53-54, Sch. Form A]

EXTRADITION 33

(b) the removal of fugitive criminals accused or incustody under this Act and their control andmaintenance until such time as they are handedover to the persons named in the warrants asentitled to recewe them;

(c) the seizure and disposition of any propertywhich is the subject of, or required for proof of,any alleged offence to which this Act applies;

(d) the form and manner in which, or the channelthrough which, a Magistrate may be required tomake his report to the Minister; and

(e) the removal and return of fugitive criminals whoare also prisoners for their temporary surrenderto a country.

PART X

REPEAL

54. The Extradition Ordinance, 1958 and the Common-wealth Fugitive Criminals Act, 1967 are herebyrepealed.

Repeal.Ord. 2/1958.Act 5411967.

SCHEDULE

(Section 46)

FORM A(Section 3)

SPECIAL DIRECTION OF THE MINISTER

WHEREAS ........................................................................has made a request for theextradition thereto of ..........................................of...........................................accused/convicted* of the commission of the offence of......................................................................within the jurisdiction of

[Form A-B]

34 ACT 479Now, THEREFORE, in the exercise of the powers conferred upon

me by virtue of section 3 of the Extradition Act 1992, I ..............................................................the Minister of Home Affairs, do

hereby direct that t h e provisions of the said Act be applied inrelation to the extradition of that particular fugtt ive criminal,namely ............................................as if there is in force in respectof..................................................an order made under section 2 ofthe said Act.

Given under the hand and seal of the undersigned Ministerthis ....... day of......................... 19......(L.S.)

Minister

*Delete whichever is not applicable.

FORM B

(Section 12)

ORDER OF THE MINISTER TO A MAGISTRATE

To..................................................... a Magistrate of the First Class

WHEREAS a requisition has been made to me, under section 12of the Extradition Act 1992 by............................... the DiplomaticRepresentative of......................................................for the return of.................................... of ........................accused/convicted* of thecommission of the offence of...................................................withinthe jurisdiction of....................................

Now. THEREFORE, I hereby by this Order under my hand and sealsignify to you that such requisition had been made and require youto issue your warrant for the apprehension of such fugitive,provided that the conditions of the Extradition Act 1992 relatingto the issue of such warrant are, in your judgement, complied with.

Given under the hand and seal of the undersigned Ministerthis ....... day of......................... 19......(L.S.)

Minister

Delete whichever is not applicable.

[Form C-D]

EXTRADITION 35

FORM C

(Section 13(l)(fl))

WARRANT OF APPREHENSION BY ORDER OF THEMINlSTER

To the Inspector General of the Royal Malaysia Police and all otherpolice officers in Malaysia

WHEREAS the Minister has by Order under his hand and sealsignified to me that requisition has been duly made to him for thesurrender of.............................................. of.......................................accused/convicted* of the commission of the offence of..........................................within the jurisdiction of.......................................

This is therefore to command you forthwith to apprehend thesaid........................pursuant to the Extradition Act 1992 whereverhe may be found in Malaysia and to bring him before me or someother Magistrate of the First Class to be further dealt with inaccordance with the provisions of the said Act, for which this shallbe your warrant.

Given under my hand and seal at .........................................this ....... day of......................... 19......(L.S.)

Magistrate of the First Class

*Delete whichever is not applicable.

FORM D

(Section 13(l)(b)

WARRANT OF APPREHENSION WITHOUTORDER OF THE MINISTER

To the Inspector-General of the Royal Malaysia Police and all otherpolice officers in Malaysia

WHEREAS it has been shown to the undersigned, a Magistrate ofthe First Class, that.....................................of...................................accused/convicted* of the commission of the offence of......................................within the jurisdiction of............................................

[Form D-E]

36 ACT 479This is therefore to command you forthwith to apprehend the

said.................pursuant to the Extradition Act 1992, wherever hemay be found in Malaysia, and to bring him before me or someother Magistrate of the First Class to be further dealt with inaccordance with the provisions of the said Act, for which this shallbe your warrant.

Given under my hand and seal at .........................................this ....... day of......................... 19......(L.S.)

Magistrate of the First Class

' Delete whichever is not applicable.

FORM E(Section 19)

WARRANT OF COMMITTAL

To........................................... (Police Officer) and to the Officer inCharge of the Prison at ......................................................................

WHEREAS on this .........day of............................................. 19.............................................of.......................... is brought before me, aSessions Court Judge, in pursuance of a requisition made by theGovernment of........................................................., on the ground ofhis being accused/convicted* of the commission of the offence of......................................................................within the jurisdiction of

AND WHEREAS a prima facie case has been made out in supportof the requisition made by the Government of...............................

Now THEREFORE I, ......................................... the undersigned, docommand you, the said Police Officer, forthwith to convey anddeliver the said..............................................into the custody of theOfficer in Charge of the Prison at ..............................and you, thesaid Officer in Charge of the Prison, to receive the said..............................................into custody and to keep him there safely untilhe is delivered pursuant to the provisions of the Extradition Act1992, for which this shall be your warrant.

Given under my hand and seal at.........................................this ....... day of......................... 19......(L.S.)

Sessions Court Judge

' Delete whichever is not applicable.

[Form F]

EXTRADITION 37

FORM F

(Section 20)

WARRANT OF COMMITTAL

To...........................................(Police Officer) and to the Officer inCharge of the Prison at........................................................................

WHEREAS on this .........day of ............................................. 19.................................of...................is brought before me, ...................a

Sessions Court Judge, in pursuance of a request for his extraditionmade by the Government of.....................................................on theground of his being accused/convicted* of the commission of theoffence of....................................................within the jurisdiction of

AND WHEREAS I am satisfied after hearing representationsmade in support of the extradition request that the offenceof..................................................................is an extradition offence.

Now, THEREFORE, I certify that the conduct which constitutes theoffence of................................................does constitute the offenceof............................................................against the law of Malaysia.

AND, THEREFORE, I command you, the said Police Officer, forthwithto convey and deliver the said..............................................into thecustody of the Officer in Charge of the Prison at..........................and you, the said Officer in Charge of the Prison, to receive thesaid .....................................................................................into custodyand to keep him there safely until he is delivered pursuant to theprovisions of the Extradition Act 1992, for which this shall be yourwarrant.

Given under my hand and seal at .........................................this ....... day of......................... 19......(L.S.)

Sessions Court Judge

' Delete whichever is not applicable.

[Form G-H]

38 ACT 479FORM G

(Sections 21, and 22(3))

WARRANT/TEMPORARY SURRENDERWARRANT OF THE MINISTER FORRETURN OF FUGITIVE CRIMINAL

To the Officer in Charge of the Prison "at.................................andto .................................................................................(Police Officer)

WHEREAS a requisition had been made to me under section 12/29* of the Extradition Act 1992 by ....................... the DiplomaticRepresentative of ....................................................................... for thereturn/temporary return* of .................................. accused/convicted*of the commission of the offence of...................................... withinthe jurisdiction of.........................................

AND WHEREAS .............................................was delivered into the custodyof the Officer in Charge of the Prison at .........................................by warrant dated .................pursuant to the Extradition Act 1992.

Now, THEREFORE, I do hereby, in pursuance of the saidAct, order you, the said Officer in Charge of the Prison, to deliverthe said...................................................into the custody of the said.............................................................and I command you, the said........................................ to receive the said...........................into

your custody and to convey him to ..................................and thereplace him in the custody of.............................................who in myopinion has been duly appointed by the authorities of..................to receive him, for which this shall be your warrant.

Given under the hand and seal of the undersigned Ministerthis ....... day of......................... 19......(L.S.)

Minister

Delete whichever is not applicable.

FORM H

(Section 22(2))

WARRANT OF COMMITTAL WHEREFUGITIVE CRIMINAL CONSENTS TO WAIVER OF

THE COMMITTAL PROCEEDINGS

To...........................................(Police Officer) and to the Officer inCharge of the Prison at........................................................................

[Form H-I]

EXTRADITION 39

WHEREAS on this .........day of........................ 19........................of ........................................is brought before me, a Sessions CourtJudge, in pursuance of a requisition made by the Government of..................................................................on the ground of his beingaccused/convicted* of the commission of the offence of.............................................within the jurisdiction of.....................................

AND WHEREAS............................................................................. after having beenadvised in accordance with the provisions of section 22(l)(b) of theExtradition Act 1992, consents to the waiver of the committalproceedings.

This is, therefore, to command you, the said Police Officer,forthwith to convey and deliver the said ...................................intothe custody of the Officer in Charge of the Prison at...................................................................................and you, the said Officer inCharge of the Prison, to receive the said ..................................intocustody and to keep him there safely until he is delivered pursuantto the provisions of the said Act, for which this shall be yourwarrant.

Given under my hand and seal at .........................................this ....... day of......................... 19......(L.S.)

Magistrate of the First Class

Delete whichever is not applicable.

FORM I

(Section 29(4))

ORDER OF THE MINISTER TO PRODUCEFUGITIVE CRIMINAL

To the Officer in Charge of the Prison at .......................................

WHEREAS ...................................................was convicted by the...................Court............on..................day of........................................ 19......forthe commission of the offence of...................................and is nowserving a sentence of......................................at.....................Prison.

AND WHEJIEAS a requisition has been made to me, under section29 of the Extradition Act 1992, by ....................... the DiplomaticRepresentative of...................................for the temporary return of..................................................................of........................................

accused/convicted" of the commission of the offence of.............................................within the jurisdiction of....................................

[Form I-J]

40 ACT 479Now, THEREFORE, I by this Order under my hand and seal require

you to produce the ..........................................................before the..................................................Sessions Court for an inquiry undersection 19 of the Act.

Given under the hand and seal of the undersigned Ministerthis ....... day of......................... 19......(L.S.)

Minister

' Delete whichever is not applicable.

FORM J

(Section 31(1))

WARRANT OF THE MINISTERFOR RETURN OF FUGITIVE

To the Officer in Charge of the Prison at .......................................and to ...........................................................................(Police Officer)

WHEREAS .............................................................................of.................................convicted of the commission of the offence of...............................within the jurisdiction of........................................and sentenced to..........................................was returned vide a temporary surrender

warrant under section............................of the Extradition Act 1992,dated..............................................

AND WHEREAS ................................................................................... was returned by.....................................................................to Malaysia on ...............

day of..................................19........in pursuance of an undertakinggiven by.....................................under section 29(2) of the said Act.

AND WHEREAS the term of imprisonment of...............................inMalaysia is to expire on ........................................................day of........................................... 19.............and whereas............................still seeks his return to...............................................

Now, THEREFORE, I do hereby, in pursuance of the said Act, orderyou, the said Officer in Charge of the Prison, to deliver the said...............................into the custody of the said.............................on.......................day of.......................19......... and I command you,the said............................ to receive the said.................................into your custody and to convey him to ..........................................and there place him in the custody of any person or personsappointed by the authorities of...................................to receivehim, for which this shall be your warrant.

[Form J-L]

EXTRADITION 41

Given under the hand and seal of the undersigned Ministerthis ....... day of......................... 19......(L.S.)

Minister

. Delete whichever is not applicable.

FORM K

(Section 41)

AUTHORISATION TO APPEAR ONBEHALF OF THE PUBLIC PROSECUTOR

Given under my hand and seal at...........................................this..........................day of....................................19.............

(L.S.)

Public Prosecutor

' Delete whichever is not applicable.

FORM L

(Section 50)

ORDER OF THE MINISTER REQUIRING THETAKING OF EVIDENCE

To....................................................a Magistrate of the First Class.

Now, THEREFORE, in exercise of the powers conferred upon meby virtue of section 41 of the Extradition Act 1992, I,......................................................................the Public Prosecutor, do herebyauthorise ........................................................to appear on my behalfin.......................................................(proceeding under this Act) for.............................(period).

WHEREAS ..................................................................................has made a request forthe extradition thereto of........................................of........................accused/convicted* of the commission of the offence of.....................................................................on...................................within the

jurisdiction of .................................

[Form L-M]

42 ACT 479

WHEREAS a request has been made by ....................................thatevidence be takeo in Malaysia for the purpose of..........................

Now, THEREFORE, in exercise of the powers conferred upon meby virtue of section 50 of the Extradition Act 1992, I,.................................................................... the Minister of Home Affairs, by

this Order require you to take the above-mentioned evidence inaccordance with the said section of the said Act.

Given under the hand and seal of the undersigned Ministerthis ....... day of......................... 19......(L.S.)

Minister

FORM M(Section 52)

ORDER OF THE MINISTER AUTHORISINGTHE TAKING OF EVIDENCE

To..................................................... a Magistrate of the First Class

WHEREAS a warrant has been issued in Malaysia for theapprehension of ......................................... accused/convicted" of thecommission of the offence of................................

AND WHEREAS the said........................................is or is suspectedof being within the jurisdiction of.....................................................

Now, THEREFORE, in exercise of the powers conferred upon meby virtue of section 52 of the Extradition Act 1992, I..............................................................the Minister of Home Affairs, by this

Order authorise you to take in accordance with the said sectionsuch evidence in Malaysia as is produced to you for transmissionto..........................................................for use in any proceedings in................................for the extradition of that person to Malaysia.

Given under the hand and seal of the undersigned Ministerthis ....... day of......................... 19......(L.S.)

Minister

' Delete whichever is not applicable.