Summonses And Warrants (Special Provisions) Act 1971

Original Language Title: Summonses and Warrants (Special Provisions) Act 1971

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025b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 25 Act (SPECIAL provisions) SUMMONS and WARRANTS 1971 Contains all amendments to 1 January 2006 025b.fm Page 1 Monday, March 27, 2006 5:09 PM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2
Act (SPECIAL provisions) SUMMONS and WARRANTS 1971 Royal Assent Date............... April 22, 1971, the date of publication in the Gazette......... 29 April 1971 REPRINT BEFORE Reprinting the first......... 1992 Reprint the second......... 1999 025b.fm Page 2 Monday, March 27, 2006 5:09 PM 3 laws of MALAYSIA Act 25 Act (SPECIAL provisions) ARRANGEMENT of SECTIONS SUMMONS and WARRANTS 1971 section 1. Short title 2. Interpretation 3. Service of the summons to a person who is accused between Malaysia and the Singapore 4. Service of a summons to a witness between Malaysia and the Singapore 5. The execution of a warrant issued in lieu of or in addition to lawsuit 6. Proof of document Singapore 7. Reciprocal provisions 8. Rules 9. Effective in recent times in certain cases 10. Abolition of 025b.fm Page 3 Monday, March 27, 2006 5:09 PM 025b.fm Page 4 Monday, March 27, 2006 5:09 PM 5 laws of MALAYSIA Act 25 Act (SPECIAL provisions) SUMMONS and WARRANTS 1971 an act to provide for reciprocal arrangements with respect to the delivery of summons, subpoenas and warrants specific between Malaysia and Singapore and some other States.
[Throughout Malaysia — 30 April 1971]
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: short title 1. This Act may be cited as the Act (Special provisions) summons and Warrants 1971 *.
Interpretation 2. In this Act, unless the context otherwise requires — "Court" has the same meaning as given to them in the code of criminal procedure may be;
"Magistrate — (a) in respect of Malaysia include a sessions Court judge; and (b) (Left);
* NOTE — extended to apply in Brunei Darussalam from 01-11-1984 and references of Singapore shall be construed as a reference about Brunei Darussalam. See P.U. (A) 253/1984 and P.U. (B) 436/1984.
025b.fm Page 5 Monday, March 27, 2006 5:09 PM 6 laws of Malaysia ACT 25 (c) in respect of Singapore including a district judge;
"summons" includes a subpoena or other process for requiring a witness to appear in a criminal trial, criminal investigation or criminal proceedings under criminal procedure code in question but does not include a lawsuit to a jury or judge clamps.
Service of the summons to a person who is accused between Malaysia and the Singapore 3. (1) where under the provisions of any law in force in Singapore a court or a Magistrate in Singapore has issued a summons requiring a person accused of an offence are present in any court in Singapore, and that person is, or is suspected of being in or in his travels to Malaysia, a Malaysian Magistrate may, if he is satisfied that the summons was issued by a court or a Magistrate in Singapore register the summons with your name and the name of memeteraikannya with the seal of his Office and Courts, and later the summons may be served on that person as if it a summons issued by a Magistrate in Malaysia under the criminal procedure code [Act 593], and when communicated summons such recorded, that person legally bound to comply with the summons, and if he willfully fails to comply with the summons he commits an offence and shall on conviction be imprisoned for a term not exceeding six months, or a fine not exceeding five hundred dollars, or both, and in a trial that a certificate signed by a Magistrate in Singapore stating that the person has not complied with the summons to be evidence enough that he had willfully fails to comply with the summons unless akasnya is proved, and there are no any process can be distributed to the Magistrate in Singapore that or any other Court officials in Singapore to give evidence in the trial of any parties.
(2) where under the provisions of any law in force in Singapore which is equivalent to subsection (1), a summons to a person accused of an offence issued by a court or 025b.fm Page 6 Monday, March 27, 2006 5:09 PM (Special provisions) summons and Warrants 7 someone Magistrate in Malaysia were recorded by a Magistrate in Singapore and is relayed to the person accused of the the summons shall, for the purposes of criminal procedure are deemed to have been duly served to be valid as if the delivery has been carried out in Malaysia, and if such person willfully fails to comply with the summons he can be tried and punished in Malaysia, and in a trial that a certificate signed by a Magistrate in Singapore stating that the summons was delivered successfully to the person accused of the , and an affidavit of service of it by the person who delivers the summons may be given in evidence and be evidence enough on delivery thereof unless the contrary is proved, and there akasnya any process can be distributed to the Magistrate in Singapore that or any other Court officials in Singapore or the person delivering the summons to give evidence in the trial for any party.
Service of a summons to a witness between Malaysia and the Singapore 4. (1) where under the provisions of any law in force in Singapore a court, a judge, a Magistrate, or any other officer of the Court, in Singapore has issued a summons requiring a person to appear in any court in Singapore as a witness to give evidence in a criminal trial, criminal investigations or criminal proceedings, and that person is, or is suspected of being in or in its proceedings to Malaysia , a Magistrate in Malaysia may, if he is satisfied that the summons was issued by a court, a judge, a Magistrate or other officer of the Court in Singapore, noting the summons with your name and the name of memeteraikannya with the seal of his Office and Courts, and later the summons may be served on that person as if it a summons issued by a court, a judge , a Magistrate or an officer of the Court that has the power to issue the summons in Malaysia under the criminal procedure code, and when communicated summons such recorded, and when paid or offered a reasonable sum of money for the expenses, the witness is legally bound to comply with the summons, and if he willfully fails to comply with the summons he 025b.fm Page 7 Monday , March 27, 2006 5:09 PM 8 laws of Malaysia ACT 25 commits an offence and shall on conviction be imprisonment for a term not exceeding six months, or a fine not exceeding five hundred dollars, or both, and in a trial that a certificate signed by an officer of the Court in Singapore stating that the person has not complied with the summons shall be sufficient evidence that the person has willfully fails to comply with the summons unless akasnya is proved , and there are no any process can be issued to any officer of the Court in Singapore to give evidence in the trial for any party.

(2) where under the provisions of any law in force in Singapore which is equivalent to subsection (1), a summons requiring a person to appear in any of the courts of Malaysia as a witness to give evidence in a criminal trial, criminal investigation or criminal proceedings were properly recorded in Singapore and is relayed to the witness, the summons shall for the purposes of criminal procedure are deemed to have been duly served to be valid as if the delivery has been implemented in Malaysia , and if such person willfully t not complying with a summons i tu he can be tried and punished in Malaysia, and in a trial that a certificate signed by a Magistrate in Singapore stating that the summons was delivered successfully to the witness and a reasonable sum of money was paid or offered to him for his expenses, and an affidavit regarding the delivery and payment of the expenses of the supply or may be given in evidence and be enough evidence about service of the summons and of payment or supply the expenses unless akasnya is proved, and there are no any process can be distributed to the Magistrate in Singapore that or any other Court officials in Singapore or the person who presented the summons and who have paid the expenses or offer to give evidence in the trial for any party.
The execution of a warrant issued in lieu of or in addition to suit 5. (1) where a Court in Singapore has issued a warrant instead of a summons or addition 025b.fm Page 8 Monday, March 27, 2006 5:09 PM (Special provisions) summons and Warrants 9 to a summons to catch someone under the legal provisions of Singapore which corresponds to section 47 criminal procedure code, and such person is or is suspected of being in or in its proceedings to Malaysia , a Magistrate in Malaysia may, if he is satisfied that the warrant had been issued successfully in Singapore, noting the warrant with your name and the name of memeteraikannya with the seal of his Office and Courts, and later the warrant may be executed to that person as if it a warrant issued in Malaysia under the criminal procedure code.
(2) where under the provisions of any law in force in Singapore which is equivalent to subsection (1) a warrant issued by a court in Malaysia has been recorded properly in Singapore and carried out to the person who said his name in the warrant, the warrant shall for the purposes of criminal procedure are deemed to have been exercised with legal as if the implementation was done in Malaysia.
(3) where a warrant has been implemented in Malaysia pursuant to subsection (1), the person arrested should be submitted with as soon as possible before a Magistrate in Malaysia, and the Magistrate shall, if he is satisfied that the person is the person mentioned in the warrant, direct that the person arrested must be transferred in custody immediately to court in Singapore and any such person while in the custody of the , shall be deemed for all purposes as in the custody of the legal law: provided that the Magistrate may, if due to reasons shall be recorded by him, he is satisfied that the interest of Justice to do so, despite the warrants i tu t not containing any provision to allow guarantee to the person arrested, let go of that person in the guarantee provided that he is required to appear in court in Singapore at the time will be reflected in the bonds and guaranteed bonds the; and the criminal procedure code relating to guarantees and bonds shall apply to bonds and bond guarantee that.
(4) in addition to the liability to forfeiture of a bond and bond guarantee conducted under subsection (3) and towards payment of penalty thereof, the 025b.fm Page 9 Monday, March 27, 2006 5:09 PM 10 laws of Malaysia ACT 25 released on bonds and bond guarantee that intentionally does not appear before the Court in Singapore in accordance with the terms of the guaranteed bonds and bonds shall be guilty of an offence and on conviction he could be imprisonment for a term not exceeding six months , or to a fine not exceeding five hundred dollars, or both.
(5) in proceedings for forfeiture of a bond or bond guarantee conducted under subsection (3) and for the payment of the penalty thereof, and in a trial for an offence under subsection (4) a certificate signed by a Magistrate in Singapore stating that the person is released on bond or bonds that guarantee was not to appear before the Court in Singapore in accordance with the terms of the bonds and the guarantee bond shall be sufficient evidence that the person has with accidental t not to appear before the Court in Singapore in accordance with the terms of the guaranteed bonds and bonds unless akasnya is proved, and there are no any process can be distributed to the Magistrate in Singapore that or any other Court officials in Singapore to give evidence in the proceedings for any party.
(6) the provisions of this section shall have effect notwithstanding any other provisions of the Act the then Commonwealth Fugitif 1967 [Act No. 54 1967] *.
Proof of document Singapore 6. If in any proceedings under this Act a document — (a) purporting to be a summons, warrant or certificate and purporting to be signed or issued by a judge, magistrate or an officer of the Court in Singapore; or (b) which purports to be an affidavit for someone in Singapore and purporting to be signed by the person who made it, * NOTE — Act Criminals Fugitif Commonwealth 1967 has been repealed by the Extradition Act 1992 [Act 479] — see section 54 of the Act 479.
025b.fm Page 10 Monday, March 27, 2006 5:09 PM (Special provisions) summons and Warrants 11 given in evidence by the prosecution, the documents shall be deemed, until the akasnya proved that the document was a summons, warrant, certificate or affidavit, as the case may be, and such is signed or issued, as the case may be.
Reciprocal provisions 7. (1) if the Minister is satisfied that reciprocal provisions have been made by the legislature of any State or of the legislature of any province of a State (if the legislature of the province has the power to make provision that) for service and enforcement summons criminal investigation and other criminal proceedings, issued from Malaysia, whose contents were similar to those contained in this Act, to the person accused and to witnesses in criminal trial , The Minister may by order extend this Act or any of its provisions as he may deem fit to the State or territory, as the case may be, and this Act or any of its provisions as specified in the order shall thereupon apply to the State or territory seems to be a reference to Singapore is a reference to the country or the region.
(2) the Minister may by order was also made under subsection (1) or by an order which then directs that this Act or any of its provisions as specified in the order shall, in relation to the State or territory, apply subject to any modifications, exclusions and conditions as it thinks fit specified for the purposes of implementing the provisions of the reciprocal.
(3) an order made under this section shall be published in the Gazette and shall be laid in each Parliament as soon as may be after it is made.
(4) in this section, "Minister" means the Minister responsible for Foreign Affairs.
025b.fm Page 11 Monday, March 27, 2006 5:09 PM 12 laws of Malaysia ACT 25 rules 8. (1) the Minister responsible for Justice may make rules in General for implementing this Act, and, in particular, but without prejudice to the generality of the above, rules may provide for — (a) communication between courts in Malaysia with courts in Singapore;
(b) the transfer of persons arrested under the provisions of section 5 of this Act and regulations and maintenance of them until they are handed over to the person named in the warrants as entitled to receive them; and (c) the seizure and disposal of a property be a matter, or required as evidence, accused of an offence under this Act.
(2) rules made under this section shall be set out in each Parliament.
Effective in recent times in certain cases 9. Provisions of this Act shall apply to a summons and warrants — (a) received in Malaysia from Singapore after the commencement of this Act even though the suit and the warrant was issued before the commencement of this Act or relating to the offence committed before the commencement of this Act; and (b) received in Malaysia from Singapore before the commencement of this Act but that has not been delivered or performed.
The abolition of 10. (1) the following laws are hereby repealed —

(a) of the Summons (Special provisions) (Singapore) 1969;
025b.fm Page 12 Monday, March 27, 2006 5:09 PM (Special provisions) summons and Warrants 13 (b) of subsection 10 (2) of Act Criminals Fugitif Commonwealth 1967.
(2) (Left).
025b.fm Page 13 Monday, March 27, 2006 5:09 PM 14 laws of MALAYSIA Act 25 Act (SPECIAL provisions) SUMMONS and WARRANTS 1971 LIST AMENDMENT of laws that amend the short title of the Act in force Act 160 Malaysian currency (Ringgit) 1975 29-08-1975 A324 Act Act, criminal procedure code (Amendment and Extension) Act 1976 10-01-1976 P.U. (A) 253/1984 order (Special provisions) summons and Warrants (extension to Brunei Darussalam) 1984, 01-11-1984 Act A671 subordinate Courts Act (Amendment) Order 1987, 22-05-1987 P.U. (A) 356/ 1999 the order of revision of laws (Correction Act (Special provisions) summons and Warrants 1971) 1999 28-08-1999 025b.fm Page 14 Monday, March 27, 2006 5:09 PM 15 laws of MALAYSIA Act 25 Act (SPECIAL provisions) SUMMONS and WARRANTS 1971 LIST of SECTION AMENDED Section Power amend with effect from 2 Act A671 22-05-1987 3 Act 160 29-08-4 1975 Act 160 29-08-1975 5 Act 160 29-08-1975 025b.fm Page 15 Monday , March 27, 2006 5:09 PM