EXTRADITION ACT 1992

Extradition LAWS OF MALAYSIA REPRINT Act 479 EXTRADITION ACT 1992 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 EXTRADITION ACT 1992 Date of Royal Assent ... ... ... … … 30 January 1992 Date of publication in the Gazette … … 20 February 1992 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 479 EXTRADITION ACT 1992 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. 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 II EXTRADITION OFFENCE 6. Extradition offence 7. Law of a country PART III RETURN OF FUGITIVE CRIMINALS 8. Restrictions on return of fugitive criminals 9. Exceptions to political offences 10. When consent of the Minister is necessary 4 Laws of Malaysia A CT 479 P ART IV PROCEDURE FOR RETURN OF FUGITIVE CRIMINALS Section 11. Liability of a fugitive criminal to be apprehended and returned 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(1)(a) 16. Procedure in respect of fugitive criminal apprehended on a provisional warrant 17. Procedure in respect of a fugitive criminal apprehended on a provisional warrant when order has been received by the Magistrate 18. Powers and jurisdiction of Sessions Court 19. Procedure before Sessions Court 20. Procedure before Sessions Court where a special direction has been given under section 4 21. Return of fugitive criminal 22. Waiver of committal proceedings by fugitive criminal 23. Depositions to be evidence 24. Authentication of foreign documents PART V RETURN OF FUGITIVE CRIMINALS TO BRUNEI DARUSSALAM AND THE REPUBLIC OF SINGAPORE 25. Application to Brunei Darussalam and Singapore 26. Endorsement 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 Extradition 5 P ART VI RETURN OF FUGITIVE CRIMINALS WHO ARE ALSO PRISONERS TO STAND TRIAL Section 29. Procedure for return 30. Fugitive criminal ceases to be liable to serve the sentence in Malaysia, time spent in custody in connection with issue of temporary surrender warrant 31. Issue of warrant by Minister PART VII RETURN 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 P ART VIII HABEAS CORPUS AND REVIEW 36. Application for habeas corpus 37. Review by High Court P ART IX MISCELLANEOUS 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 within three months 44. Provisions in the Criminal Procedure Code when applicable 45. Property found on fugitive criminal 46. Forms 6 Laws of Malaysia A CT 479 Section 47. Power of Minister to discharge any fugitive criminal in custody 48. Simultaneous requisitions 49. Discretion in respect of return of certain fugitive 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 return of fugitive criminals to Malaysia 53. Rules PART X 54. Repeal SCHEDULE Extradition 7 LAWS OF MALAYSIA Act 479 EXTRADITION ACT 1992 An Act relating to the extradition of fugitive criminals. [21 February 1992] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Extradition Act 1992 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 no order under section 2 or special direction under section 3 has been issued or given by the Minister. Order of the Minister 2. (1) Where a binding arrangement has been entered into between Malaysia and any country for the extradition of fugitive criminals, the Minister may, by order to be published in the Gazette reciting 8 Laws of Malaysia A CT 479 or embodying the terms of such arrangement, direct that the provisions of this Act shall apply to that country subject to any restriction, exception, modification, adaptation, condition or qualification contained in the order. (2) Where any arrangement referred to in this section is revoked or lapses, the Minister shall, by order published in the Gazette, forthwith certify that fact; and any such order shall be conclusive evidence that the arrangement referred to therein has been revoked or has lapsed, as the case may be, and shall not be questioned in any legal proceedings whatsoever. (3) Any order made under this section shall be laid before each House of Parliament as soon as may be after it is made. (4) An order made under this section shall be conclusive evidence that the arrangement therein referred to complies with the provisions of this Act, and that this Act applies in the case of the country mentioned in the order, and the validity of such order shall not be questioned in any legal proceedings whatsoever. Special direction of the Minister applying this Act where no order has been made under section 2 3. Where a country in respect of which no order has been made under section 2 makes a request for the extradition thereto of a fugitive criminal, the Minister may personally, if he deems it fit to do so, give a special direction in writing that the provisions of this Act shall apply to that country in relation to the extradition thereto of that particular fugitive criminal. Direction of the Minister to apply procedure in section 20 4. Where the binding arrangement which has been entered into between Malaysia and any country for the extradition of fugitive criminals contains a provision for the prima facie requirement to be dispensed with either generally or in relation to a class or classes of offences, the Minister may give a direction in writing that the procedure specified in section 20 shall apply to such cases. Extradition 9 Interpretation 5. In this Act, unless the context otherwise requires— “country” includes a territory of a country which, though not sovereign and independent, is authorized by that country to enter into extradition arrangements with other countries; “diplomatic representative” means a chief representative or consular officer, as defined in the Diplomatic and Consular Privileges Ordinance 1957 [Ord. 53 of 1957]*; “extraditable offence” means an offence described in section 32; “extradition offence” means an offence described in subsection 6(2) or 6(3); “fugitive criminal” means any person who is accused of or convicted of an extradition offence committed within the jurisdiction of another country and is, or is suspected to be, in some part of Malaysia; “Magistrate” means a Magistrate of the First Class or a Sessions Court Judge; “Minister” means the Minister of Home Affairs; “prescribed” means prescribed by rules made under this Act; “provisional warrant” means a warrant which is issued under paragraph 13(1)(b); “surrender warrant” means a warrant which is issued under paragraph 21(2)(b); “temporary surrender warrant” means a warrant which is issued under paragraph 21(2)(a). *NOTE—The Diplomatic and Consular Privileges Ordinance 1957 [Ord. 53 of 1957] has been repealed by Diplomatic Privileges (Vienna Convention) (Amendment) Act 1999 [Act A1064] –see section 5 of Act A1064. 10 Laws of Malaysia A CT 479 PART II EXTRADITION OFFENCE Extradition offence 6. (1) A fugitive criminal shall only be returned for an extradition offence. (2) For the purposes of this Act, an extradition offence is an offence, however described, including fiscal offences— (a) which is punishable, under the laws of a country referred to under paragraph 1(2)(a) or 1(2)(b), with imprisonment for not less than one year or with death; and (b) which, if committed within the jurisdiction of Malaysia, is punishable under the laws of Malaysia with imprisonment for not less than one year or with death: Provided that, in the case of an extraterritorial offence, it is so punishable under the laws of Malaysia if it took place in corresponding circumstances outside Malaysia. (3) An offence shall also be an extradition offence if it consists of an attempt or a conspiracy to commit, or an abetment of the commission of, any offence described in subsection (2). Law of a country 7. A reference in this Act to a law of a country includes a reference to a law of, or in force in, a part of that country. PART III RETURN OF FUGITIVE CRIMINALS Restrictions on return of fugitive criminals 8. A fugitive criminal shall not be surrendered to a country seeking his return— (a) if the offence in respect of which his return is sought is of a political character or he proves to the satisfaction of the Sessions Court before which he is brought or of the Extradition 11 Minister that the warrant for his return has in fact been made with a view to try or punish him for an offence of a political character; (b) if the request for his surrender although purporting to be made for an extradition offence was in fact made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinions; (c) if he might be prejudiced at his trial or punished or imprisoned by reason of his race, religion, nationality or political opinions; (d) if prosecution for the offence in respect of which his return is sought is, according to the law of that country, barred by time; (e) unless provision is made by the law of that country, or in the extradition arrangement with that country, that a fugitive criminal who has not had a reasonable opportunity of leaving that country shall not be detained or tried in that country for any offence committed prior to his return, other than the extradition offence proved by the facts on which his surrender or return is based or any lesser offence proved by the facts on which that return was grounded unless the consent of the appropriate authority in the requested country has been obtained; or (f) unless provision is made by the law of that country, or in the extradition arrangement with that country, that a fugitive criminal who has not had a reasonable opportunity of leaving that country shall not be extradited to another country for trial or punishment for any offence that is alleged to have been committed or was committed before the fugitive criminal’s return to the first mentioned country unless the consent of the appropriate authority in the requested country has been obtained. Exceptions to political offences 9. (1) For the purposes of paragraph 8(a),