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Mutual Assistance In Criminal Matters Act 2002

Original Language Title: Mutual Assistance in Criminal Matters Act 2002

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WM laws of MALAYSIA Act REPRINTING 621 ACT MUTUAL ASSISTANCE in CRIMINAL MATTERS Act 2002 Contain all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 6212 ACT MUTUAL ASSISTANCE in CRIMINAL MATTERS Act 2002 date of Assent.................. May 14, 2002 date of publication in the Gazette............ 30 May 2002 the English text is authentic text........................ P.u. (B) 173/2002 REPRINT BEFORE Reprinting the first............... Mutual assistance in criminal matters 3 laws of MALAYSIA Act 621 ACT MUTUAL ASSISTANCE in CRIMINAL MATTERS Act 2002 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. The Purpose Of Act 4. The Act does not restrict the cooperation with international organizations, etc.
5. power to Act is not mengekstradisikan people PART II REQUEST by MALAYSIA 6. The adoption of this section 7. Request made by or through the Attorney-General 8. Request to take evidence, etc.
9. Request for presence in Malaysia, 10. Penalty cannot be imposed for refusal to agree 11. Immunities and privileges 12. Limitations on use statement 13. Request for enforcement of the order of forfeiture 14. Assistance in searching for or identifying people 15. Assistance in service of process laws of Malaysia ACT 6214 PART III REQUEST to MALAYSIA Section 16. The adoption of this section 17. Foreign country specified 18. Special direction of Minister 19. Request shall be made to the Attorney General 20. Refusal to provide assistance 21. Exception for political offences 22. Taking of evidence for criminal proceedings 23. Order of submission for criminal matters 24. Additional provisions regarding the order of presentation of 25. Immunity observing order production of 26. Failure to comply with the order of production of 27. Request for attendance of person in a foreign country specified 28. Request for the presence of the prisoner or person in detention under 29. The custody of the person in the course of 30. Escape from custody while traveling 31. Request for enforcement of foreign forfeiture order 32. Registration of foreign forfeiture order 33. Proof of orders, etc. Foreign country specified 34. Evidence in relation to proceedings and the order specified in foreign countries 35. Request for search and seizure 36. 37 search warrant. The extra power of the person executing the warrant, etc.
38. The immunity in respect of authorized officers executing a search warrant 39. Assistance in searching for or identifying people 40. Assistance in delivery process 41. Penalty cannot be imposed for failure to comply with summons mutual assistance in criminal matters 5 PART IV MISCELLANEOUS Section 42. Confirmation of documents 43. Representation 44. Regulations, laws of Malaysia ACT 6216 mutual assistance in criminal matters 7 laws of MALAYSIA Act 621 ACT MUTUAL ASSISTANCE in CRIMINAL MATTERS, 2002 an act to provide for mutual assistance in criminal matters between Malaysia and other countries and for matters connected therewith.
[1 May 2003, P.U. (B) 168/2003]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the mutual assistance Act in criminal matters, 2002.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "Bank" means a Bank Negara Malaysia which was established through the Central Bank of Malaysia Act 1958 [Act 519];
"materials" includes any book, document or other record in any form, and any containers or items related to it;
"things" includes materials;
Laws of Malaysia ACT 6218 "items subject to legal privilege" means — (a) the relationship between a barrister and solicitor with the client or any person representing the child client made in connection with the provision of legal advice to the client;
(b) the relationship between a barrister and solicitor with the client or any person representing the child's client, or between a barrister and solicitor is or its client or any such representative with any other people, made in connection with or in anticipation of, judicial proceedings and for the purposes of such proceedings; and (c) the details included with or referred to in the communication and made of — (i) in connection with the giving of legal advice; or (ii) in connection with or in anticipation of judicial proceedings and for the purposes of the proceedings, when the details are in the possession of a person who is entitled to have it, but does not include, in any condition, any relationship or thing held with a view to implementing a criminal purpose;
"prescribed" means prescribed through regulations made under this Act, and a power to prescribe include the power to make different provisions in the regulations for different people or class of persons;
"property" means every type of property, movable or immovable, whether situated in or outside Malaysia and whether tangible or intangible and includes an interest of any movable or immovable it;
"proceeds of crime" means any property suspected, or found by the Court, as the property is directly or indirectly derived or realised as a result of the Commission of an offence or as a value of the property and other benefits derived from the Commission of an offence;
Mutual assistance in criminal matters 9 "financial institutions" means — (a) an institution licensed under the Islamic Banking Act 1983 [Act 276], Takaful Act 1984 [Act 312], the banking and financial institutions Act 1989 [Act 372], the Insurance Act 1996 [Act 553] and Money-changing Act 1998 [Act 577];
(b) a person licensed under the securities industry Act 1983 [Act 280], the Securities Commission Act 1993 [Act 498] and the futures industry Act 1993 [Act 499]; or (c) an offshore financial institution;
"offshore financial institution" has the meaning as in the Act of the Board of Labuan Offshore financial services 1996 [Act 545];
"heavy offence" means — (a) an offence defined under the anti-money laundering Act 2001 [Act 613];
(b) an offence against the laws of Malaysia if — (i) the maximum penalty for the offence is death penalty; or (ii) a minimum period of imprisonment of not less than one year; or (c) any attempt, abetment or conspiracy to commit any offence referred to in paragraph (b);
"heavy foreign offence" means an offence — (a) the laws of a foreign country set specified in a certificate purporting to be issued by or on behalf of the Government of the foreign country specified; and (b) comprising or including activities which, if occurring in Malaysia, will be a heavy offence;
Laws of Malaysia ACT 62110 "Minister" means the Minister charged with the responsibility for Legal Affairs;
"Foreign country" means any country or territory outside Malaysia;
"Foreign countries set" means a foreign country declared by the Minister, through an order made under subsection 17 (1), as a foreign national or a foreign country in respect of which the Minister has issued a special direction under section 18, as the case may be;
"authorized officers" means — (a) any police officer;
(b) any officer of customs;
(c) any immigration officer;
(d) any officer anti-corruption agency; and (e) any officer authorized by the Attorney General;
"criminal investigation" means an investigation — (a) on a heavy offence or an offence of foreign heavy, as the case may be; or (b) for the purposes of an ancillary criminal matter;
"certificate of immunity from foreign laws" means the certificate provided, or declaration is made, by a foreign country and under the laws of a foreign country that is determined, that certifies or declares that, under the laws of foreign countries specified that, people in general or specific people can or can't, either generally or in specific proceedings and either generally or in specific circumstances required to — (a) to answer a specific question; or (b) to produce a certain thing;
"order" includes a decree, order or judgment, or any part thereof, howsoever described;
Mutual assistance in criminal matters 11 "order forfeiture" means an order made in Malaysia for forfeiture of property in respect of an offence the weight;
"the order of foreign forfeiture" means an order made by a court in a foreign country that is set to get, melucuthakkan or seize — (a) payments or other rewards received in connection with an offence against the laws of foreign countries that specified which is an offence in foreign, or weight value payment or reward it; or

(b) property derived or realised, directly or indirectly, from payments or other rewards received in connection with such an offence, or the value of the property, made on or after the date of order under subsection 17 (1) declared a foreign country as a foreign country specified effect or on or after the date of the special instructions given by the Minister in respect of a foreign National under section 18;
"criminal matters" means, in respect of an offence or an offence heavy weight of foreign, as the case may be — (a) a criminal investigation;
(b) criminal proceedings; or (c) a criminal matters side;
"ancillary criminal matter" means — (a) restriction of dealing with, or seizure, forfeiture or confiscation, property related to an offence or an offence heavy weight of foreign, as the case may be; or (b) the acquisition, enforcement or discharge of an order of forfeiture or a foreign forfeiture order, as the case may be;
Laws of Malaysia ACT 62112 "relevant authority", in relation to a foreign country, means a person or an authority that the Attorney General is satisfied is authorized under the laws of a foreign country that — (a) in the case of a request to Malaysia by foreign countries for assistance in criminal matters, to make the request; or (b) in the case of a request to the foreign country by Malaysia for assistance in criminal matters, to accept the request;
"premises" includes — (a) a structure (whether movable or not or offshore or not), building, tent, vehicle, vehicles, water, hoverkraf or flying aircraft;
(b) a place (whether or not enclosed or developed on it or not); and (c) that part of any premises (including premises of the type referred to in paragraph (a) or (b));
"criminal proceedings" means a trial of a person for an offence or an offence heavy weight of foreign, as the case may be, and includes any proceeding to determine whether a person should be tried for a particular of the offence;
"process" includes any summons, warrant, order or other document in respect of an criminal matters issued, as the case may be — (a) by any court in Malaysia or by any judge, sessions Court judge or magistrate or by the Registrar or Deputy Registrar or Senior Assistant Registrar of the High Court or by the Registrar of the subordinate courts; or (b) by any Court of a foreign country or by any judge, magistrate or officer of such court;
Mutual assistance in criminal matters 13 "Managing", in relation to any property, including — (a) receiving or acquiring the property;
(b) withhold or hide the property (whether to withhold or conceal the nature, source, location, disposition, movement or pemunyaannya or any right in respect of or otherwise);
(c) dispose of or alter such property;
(d) bringing the property into or removing such property from Malaysia;
(e) using the property to borrow money, or as collateral (whether by a mortgage, the mortgagee or the backup or otherwise); or (f) If a debt payable to the person who holds the property, make payment to any person to reduce the amount of the debt.
(2) for the purposes of this Act — (a) any references to a foreign country include references to — (i) a foreign territory thereof; and (ii) a ship or aircraft flying that belonged to, or registered in the foreign country; and (b) a reference to the law of a foreign country include references to the law in force in any part of the foreign country.
(3) for the purposes of this Act, judicial proceedings to be criminal proceedings — (a) started in a foreign country may be prescribed when a person is brought before the Court and charged with an offence of foreign heavy;
(b) completed in the event of any of the following events: (i) the termination of the proceedings;
Laws of Malaysia ACT 62114 (ii) the release of the defendant;
(iii) the cancellation of the defendant's conviction for the offence;
(iv) the grant of a pardon in respect of the defendant's conviction for the offence;
(v) the court sentence or otherwise deal with the defendant in respect of his conviction for the offence without making a foreign forfeiture order;
(vi) the discharge of an order of forfeiture of foreign made in the proceedings, either by payment of the amount due under the order, with the defendant undergo imprisonment because of default, by getting all the properties that can be retrieved or otherwise.
Purpose Of Act 3. The purpose of this Act is for Malaysia make and earn international assistance in criminal matters, including — (a) provide and obtain evidence and objects;
(b) to enter into arrangements for people give evidence, or to assist in criminal investigations;
(c) obtain, melucuthakkan or seize property in respect of an offence or an offence heavy weight foreign;
(d) restrict the dealings regarding property, or freeze the property, which can be obtained in respect of an offence or an offence heavy weight foreign;
(e) implementing a request for search and seizure;
(f) search and identify the witness and suspect;
(g) delivering process;
(h) identifying or tracing proceeds of crime and property and equipment be obtained from or used in the Commission of an offence or an offence heavy weight foreign;
Mutual assistance in criminal matters 15 (i) obtain a financial penalty in respect of an offence or an offence heavy weight foreign; and (j) examining objects and premises.
The Act does not restrict the cooperation with international organizations, etc.
4. (1) this Act does not preclude the granting or acquisition of international assistance in criminal matters to or from International Criminal Police Organization (INTERPOL) or any other international organization.
(2) this Act does not preclude the granting or acquisition of international assistance in criminal matters to or from any foreign country in addition to help from a type that may be given or obtained under this Act.
(3) this Act does not preclude the granting or acquisition of international assistance in criminal matters under any other written law.
The Act is not a power to mengekstradisikan people 5. This Act does not provide authority to mengekstradisikan, or arrest or detain for the purpose of mengekstradisikan, any person.
PART II a REQUEST by MALAYSIA'S adoption of this section 6. Request for assistance under this part shall be made to any foreign country.
Request made by or through the Attorney General 7. (1) a request by Malaysia to a foreign country for assistance in criminal matters under this part shall be made by or through the Attorney General.
Laws of Malaysia ACT 62116 (2) a request under subsection (1) shall be made through diplomatic channels.
Request to take evidence, etc.
8. (1) the Attorney General may, if he is satisfied that there are reasonable grounds to believe that there is any evidence that might be related to any criminal proceedings in Malaysia, asks the relevant authorities of a foreign country to enter into arrangements that — (a) the evidence taken in the foreign country; and (b) the evidence submitted to it.
(2) the Attorney General may, if he is satisfied that there are reasonable grounds to believe that there is any thing that might be related to a criminal matter in Malaysia, asks the relevant authorities of a foreign country — (a) help acquire, with search and seize if necessary, the thing in the foreign country or a picture or a copy of the thing; and (b) make arrangements so that article or picture or a copy of the article sent to him.
(3) any evidence or anything, or a picture or a copy of an object, which has been accepted by the Attorney General pursuant to a request under subsection (1) or (2) may, subject to the provisions of the evidence Act 1950 [Act 56] and English [Act 593], admissible in evidence in any criminal proceedings to which the request related with it.
(4) in assessing the significance, if any, will be put on any evidence received by the Attorney General pursuant to a request made under subsection (1) that have been received in evidence in any criminal proceedings to which the request related thereto, the Court shall take into account — (a) whether the evidence taken can be challenged; and (b) whether the foreign law in question allows the parties to criminal proceedings is represented in the law when it was taken.
Mutual assistance in criminal matters 17 Request for presence in Malaysia 9. (1) the Attorney General may request an appropriate authority of a foreign country helps in making arrangements for the attendance of a person in Malaysia in the foreign country for the purpose of providing any evidence or assistance if he is satisfied that — (a) there are reasonable grounds to believe that the person is able to provide such evidence or assistance in connection with criminal matters involving an offence weight; and (b) the person agrees to come to Malaysia for the purpose of giving evidence or the assistance.

(2) the Attorney General may make arrangements with the relevant authorities of the foreign country for the purpose of the person's presence in Malaysia, the return of that person to a foreign country and other related matters.
Penalty cannot be imposed for refusal to agree 10. If, in accordance with section 9, the Attorney General requested the relevant authorities of a foreign country to make arrangements for the attendance of any person in Malaysia, that person is not liable to any penalty or liability or otherwise termudarat in law solely due to refusal or failure of such person to agree to attend as requested.
Immunities and privileges 11. (1) a person who was in Malaysia in accordance with a request made under section 9 may not — (a) detained, prosecuted or punished in Malaysia for any alleged offence has been committed, or that was committed, before the person's departure from the foreign country in question in accordance with the request;
(b) apply any civil suit in respect of any act or omission which is said to have occurred, or that occurred, before the person's departure from the foreign country in accordance with the request; or laws of Malaysia ACT 62118 (c) is required to provide evidence or assistance in connection with any criminal matters in Malaysia in addition to criminal matters in relation to the request.
(2) subsection (1) cease to apply if — (a) that person had left Malaysia; or (b) that person has got to leave Malaysia and have continued to be in Malaysia in addition to — (i) purposes relating to the request; or (ii) the purpose of giving evidence or assistance in a criminal matter in Malaysia certified by the Attorney General in writing as a matter of crime with which fit the person giving evidence or assistance.
(3) a certificate given by the Attorney General under subparagraph (2) (b) (ii) with effect from the day specified in the certificate, which is one day before the day of acknowledgement is given.
Limitations on use statement 12. If someone was in Malaysia in accordance with a request made under section 9 and that person has made a statement with regard to criminal matters relating to the request or in relation to a criminal matters certified by the Attorney General under subparagraph 11 (2) (b) (ii), the statement — (a) unacceptable or otherwise used in any prosecution of that person of an offence against the laws of Malaysia (other than for perjury or contempt of court on the granting of such evidence) unless the appropriate authority of a foreign country that allows such use; and mutual assistance in criminal matters 19 (b) admissible or used against him in any criminal proceedings in Malaysia — (i) for the purpose of challenging credibility; or (ii) as evidence of any fact stated in the statement, of which direct oral evidence by him acceptable, if in giving evidence he makes a statement that is not in accordance with that statement.
Request for enforcement of the order of forfeiture 13. (1) the Attorney General may, if he is satisfied that there are reasonable grounds to believe that part of or all the property was in a foreign country, ask the relevant authorities of the foreign country to enter into arrangements — (a) for the enforcement of an order of forfeiture and fulfilment; or (b) If an order of forfeiture may be made in the criminal proceedings which have been or will be initiated in Malaysia, to block the arrangements regarding any property against which the order is enforceable or available to perform the order.
(2) a certificate is said to have issued by or on behalf of the appropriate authority of a foreign country that — (a) that the property was obtained in foreign countries that in accordance with a demand under subsection (1);
(b) the value of the property; or (c) the date the property was claimed, shall, in any judicial proceedings, is admissible as evidence of the matters stated therein.
Laws of Malaysia ACT 62120 Assistance in searching for or identifying people 14. If the Attorney General is satisfied that there are reasonable grounds to believe that there is, in any foreign country, a person who — (a) is or may be involved with or affected by; or (b) to provide evidence or assistance in connection with, any criminal matters in Malaysia, the Attorney General may request an appropriate authority of the country of the foreign help in finding, or, if the person's identity is not known, in identifying and finding, that person.
Assistance in delivery process 15. (1) the Attorney General may request an appropriate authority of a foreign country helps in executing the delivery of any process if the Attorney General is satisfied that for the purposes of or in connection with any criminal matters in Malaysia, are necessary or desirable is relayed the process to a person or an authority in the foreign country.
(2) this section shall not affect the Act summons and Warrants (Special provisions) Act 1971 [Act 25].
PART III REQUEST to MALAYSIA the adoption of this section 16. Unless specified otherwise in this section, assistance under this section may be given to a foreign country specified.
Foreign country specified 17. (1) the Minister may, for the purposes of this section, by order declare a foreign country as a foreign country mutual assistance in criminal matters 21 set if a treaty or other agreement between Malaysia and the foreign countries that is currently in effect under which foreign countries that have agreed to provide assistance in criminal matters to Malaysia.
(2) an order under subsection (1) may provide that the provisions of this section shall apply to foreign countries is subject to any restrictions, limitations, exceptions, adaptations, modifications, conditions or limitations specified in the order, and in such an event the provisions of this section shall apply accordingly.
(3) an order made under subsection (1) shall be conclusive evidence that the arrangements referred to in the order to comply with this Act, and that this Act applies in the case of a foreign National referred to in the order, and the validity of the order shall not be questioned in any legal proceedings.
(4) the Minister may by an order then alter or revoke any order made earlier under this section.
Special direction of Minister 18. If a foreign country in respect of which no order has been made under section 17 makes a request for mutual assistance in criminal matters under this Act, the Minister may, on the recommendation of the Attorney General, gave a special direction in writing that this Act shall apply to the foreign country in relation to mutual assistance requested is subject to any restrictions, limitations, exceptions , modification, adaptation, condition or limitation contained in the instructions.
Request shall be made to the Attorney General 19. (1) a request by a foreign country assigned to Malaysia for assistance in criminal matters under this part shall be made to the Attorney General.
Laws of Malaysia ACT 62122 (2) a request under subsection (1) shall be made through diplomatic channels.
(3) every such request shall — (a) state the purpose of the request and the nature of the assistance requested;
(b) identify the person or authority that initiates the request; and (c) accompanied by — (i) a certificate from the relevant authorities of Foreign Countries specified that the request is made in respect of a criminal matter within the meaning of this Act;
(ii) a description of the kinds of things the crime and a statement which sets out a summary of the facts and the relevant law;
(iii) if the request relates to — (A) the location of a person suspected of engaging in or benefited from the Commission of an offence of foreign heavy; or (B) detection of property suspected in connection with an offence of foreign heavy, name, identity, nationality, location or description of the person, or location and description of the property, if known, and a statement indicating the basis for suspecting matters referred to in subsubperenggan (A) or (B);
(iv) a description of the offence for which the criminal matters related thereto, including maximum penalties;
(v) details of the procedure that is specified Foreign Countries want to be followed by Malaysia in the execution of the request, including details of the manner and form of any information or thing needs to be supplied to foreign countries specified that according to the request;
Mutual assistance in criminal matters 23 (vi) if the request is for assistance in relation to a criminal matters side and judicial proceedings to obtain a foreign forfeiture order not started in foreign countries specified that, a statement that indicates when the expected judicial proceedings will be started;
(vii) a statement stating the requirements of the foreign country specified that with regard to the confidentiality of the request and the reason for the requirement;
(viii) details of the period in which the foreign countries that want to be prescribed the request is fulfilled;

(ix) if the request involves the arrival of someone from Malaysia to foreign countries specified that, details of the allowances entitled to found by that person, and of the arrangements for security and accommodation of such persons while that person is in a foreign country specified in accordance with the request;
(x) any other information that is required so that accompanying the request under any treaty or other agreement between Malaysia and the foreign countries specified that, if any; and (xi) any other information that can help in implementing the request or required under provisions of this Act or any regulations made under this Act.
(4) failure to comply with subsection (3) cannot be used as an excuse to refuse to provide assistance.
Refusal to provide assistance 20. (1) a request by a foreign country set for assistance under this part shall be refused if, in the opinion of the Attorney General — (a) the appropriate authority of a foreign country that has been prescribed, in respect of the request, fails to comply with the terms of any treaty or other agreement between Malaysia and the Foreign Country specified;
Laws of Malaysia ACT 62124 (b) the request relates to the investigation, prosecution or sentencing a person for an offence which is, or which by reason of the circumstances in which the offence is said to have been committed or was committed, an offence of a political nature;
(c) the request relates to the investigation, prosecution or sentencing a person in respect of an act or omission that, if the Act or omission occurred in Malaysia, would be an offence under the military laws of Malaysia, which is not an offence also under the ordinary criminal law of Malaysia;
(d) there are substantial reasons for believing that the request has been made for the purpose to investigate, prosecute, punish or otherwise cause harm to someone because of race, religion, gender, ethnicity, nationality or political opinions of such person;
(e) the request relates to the investigation, prosecution or sentencing a person for an offence in the case when such person — (i) has been convicted, acquitted or given a pardon by a competent court or other authority specified Foreign Country; or (ii) have undergone the punishment provided by the law of the foreign country that be determined that, in respect of the offence or other offence consisting of the same Act or omission as an offence was first mentioned;
(f) the request relates to the investigation, prosecution or sentencing a person in respect of an act or omission that, if the Act or omission occurred in Malaysia, would not be an offence against the laws of Malaysia;
(g) the fact that an offence which the request relates does not indicate an offence enough weight;
Mutual assistance in criminal matters 25 (h) which are requested, it is not so important to the investigation or may by reasonably practicable, obtained by other means;
(i) the grant assistance that will affect the sovereignty, security, public order or the public interest that should be another in Malaysia;
(j) the relevant authorities fail to undertake that the requested object will not be used for anything other than criminal matters in respect of which the request is made;
(k) in the case of a request for assistance under section 22, 23, 24, 25 and 26 or section 35, 36, 37 and 38, the relevant authorities failed to undertake to return to the Attorney General, upon his request, any thing obtained pursuant to that request upon completion of criminal matters in respect of which the request is made;
(l) the grant assistance that may harm a criminal matters in Malaysia; or (c) the granting of the aid will require measures taken contrary to any written law.
(2) paragraph (1) (j) does not apply if the failure to undertake that the requested thing will not be used for an item other than criminal matters in respect of which the request was made with the consent of the Attorney General.
(3) a request by a foreign country set for assistance under this section may be rejected by the Attorney General — (a) in accordance with the terms of any treaty or other agreement between Malaysia and the Foreign Country specified;
(b) If, in the opinion of the Attorney General, the grant of the aid are, or are likely to, prejudice the safety of any person, whether that person is in or outside Malaysia;
(c) If, in the opinion of the Attorney General, the grant of the aid will add a burden of their pens on the resources of Malaysia; or laws of Malaysia ACT 62126 (d) if the Foreign National is not a foreign country and the appropriate authority of a foreign country that fails to give an undertaking to the Attorney General that the foreign country shall be subject to the law, comply with a request in the future by Malaysia to foreign countries for assistance in a criminal matter.
(4) without prejudice to paragraph (3) (c), where there is a request for assistance by a foreign country and the Attorney General is of the opinion that the cost involved in complying with the request or continue with the provision of the assistance requested is unusual or substantial nature, the Attorney General shall consult with the relevant authorities of Foreign Countries specified on the conditions under which the request will be implemented or under which the Attorney General shall cease to carry it out , as the case may be.
Exception for political offences 21. (1) for the purposes of paragraph 20 (1) (b), the following offences shall not be deemed to be offences of a political: (a) an offence against the life or person of Heads of State or members of one's immediate family of Heads of State;
(b) an offence against the life or person of the head of the Government, a Minister or a Government;
(c) an offence under any multilateral international treaties to which Malaysia and foreign countries specified that is party to it and declared in the relevant multilateral treaties shall not be treated as an offence of a political for the purposes of mutual assistance in criminal matters;
(d) any other offence declared by the Minister by order published in the Gazette; and (e) any attempt, abetment or conspiracy to commit any offence referred to in paragraphs (a) to (d).
Mutual assistance in criminal matters of 27 (2) the Attorney General may restrict the application of any provision made under subsection (1) for a request of a foreign country that has made such provision in the law.
Taking of evidence for criminal proceedings 22. (1) If a request is made by the appropriate authority of a foreign country may be prescribed to be taken in Malaysia for the purpose of any criminal proceedings which are still pending in a court in a foreign country specified that, the Attorney General may, subject to such conditions as may be determined by the Commission, allowing the recruitment of such evidence.
(2) if the Attorney General allowed the taking of evidence under subsection (1), sessions Court judge shall — (a) take the evidence of every witness who swears to appear before it to give evidence in relation to the criminal matter as if the witness gives evidence on a charge against a person for an offence against the laws of Malaysia;
(b) cause the evidence written and certifies in writing that that such evidence has been taken by him; and (c) cause to be certified so sent to the Attorney General.
(3) the proceedings can be carried out with the presence or absence of people whom criminal proceedings in a foreign country specified in relation to that or his representative at law, if any.
(4) the sessions Court judge running the proceedings under subsection (2) shall allow the following person have their representatives sitting on the side of the law in proceedings before the sessions Court judge that: (a) persons thereto proceedings in foreign countries set the related;
Laws of Malaysia ACT 62128 (b) any other persons who give evidence or produce any materials or goods in the proceedings before the sessions Court judge; and (c) the appropriate authority of a foreign country specified that.
(5) the certificate referred to in subsection (2) shall state whether the person whom criminal proceedings in foreign countries set the related or his attorney in law, if any, appear in the proceedings.
(6) the law in force in respect of forced people in order to appear before a sessions Court judge, and to give evidence, answer questions and submit materials or goods shall, in so far as the law is concerned, apply for the purposes of this section includes just-by it is a hearing for a charge against a person for an offence against the laws of Malaysia.
(7) Notwithstanding subsection (6), for the purposes of this section, the person whom criminal proceedings in a foreign country specified that related is competent, but not compelled, to give evidence.

(8) Notwithstanding subsection (6), no person who is required under this section to provide evidence for the purpose of any criminal proceedings in a foreign country specified may be required to answer any question that the person cannot be forced to answer them in the proceedings in foreign countries specified that.
(9) a certificate of immunity from foreign laws certified accordingly admissible in the proceedings under this section as prima facie evidence of the matters specified in the certificate.
(10) evidence taken under this section shall not be admitted as evidence or used otherwise for the purpose of any judicial proceedings, disciplinary proceedings, or other proceedings in Malaysia except in the prosecution of people who give the evidence for the offence of perjury or contempt of court in respect of such evidence.
Mutual assistance in criminal matters of 29 (11) Notwithstanding subsection (10), the evidence taken under this section may be used to challenge the credibility of the person giving such evidence in any judicial proceedings for that purpose under the description of 1950.
Order of submission for criminal matters 23. (1) If a request is made by the appropriate authority of a foreign country specified so that any particular object or description of a thing in Malaysia is submitted for the purpose of any criminal matters in foreign countries specified that, the Attorney General or the person appointed by him accordingly may apply to the Court to obtain an order under subsection (3).
(2) an application for an order under subsection (3) in relation to any article in the possession of a financial institution shall be made to the High Court only.
(3) where, upon such an application, the Court is satisfied that the conditions referred to in subsection (4) have been met, the Court may make an order that the person found by the Court have anything with it the application shall — (a) submit the thing to authorized officers to go by him; or (b) provide authorized officers access to the thing, within seven days from the date of the order or any other period that fit by the Court.
(4) the conditions referred to in subsection (3) is — (a) that there are reasonable grounds to suspect that a particular person has committed or benefited from an offense heavy foreign;
Laws of Malaysia ACT 62130 (b) that there are reasonable grounds to believe that the object of the application associated with it — (i) is likely to have substantial value, whether the thing itself or together with other things, to criminal matters in respect of which the application is made; and (ii) does not consist of or include items subject to legal privilege; and (c) that the Court is satisfied that it is not contrary to the public interest or any written law for the thing produced or access to it is given.
(5) the proceedings referred to in subsection (3) may be carried out with the presence or absence of people whom criminal proceedings in foreign countries set the related or representative legally, if any.
(6) No person shall be required by an order under this section to produce or to provide any substance for the purpose of any criminal proceedings in a foreign country specified may be required to produce any thing that person could not be compelled to produce in proceedings in a foreign country specified that.
(7) a certificate of immunity from foreign laws certified accordingly admissible in the proceedings under this section as prima facie evidence of the matters specified in the certificate.
Additional provisions regarding the order of presentation of 24. (1) where a court order a person under section 23 to provide authorized officers access to any article on any premises, the Court may, on the application of the same or later by an authorized officer, order any person it considers reserves the right to allow the premises entered into so that allow authorized officers in to the premises to gain access to the thing.
Mutual assistance in criminal matters 31 (2) if any substance which order under section 23 relating to berkandung in contain information that can be accessed through or any equipment data — (a) an order under paragraph 23 (3) (a) shall have effect as an order so that the material is presented in a form that can be taken to go and to see , easily readable and understandable; and (b) an order under paragraph 23 (3) (b) shall have effect as an order so that access is given to the material in the form of visible, readable and understandable.
(3) a person shall not be exempted from submitting or providing any substance by order under section 23 on the ground that — (a) the production or preparation of the thing probably will show that person guilty or make the person may be subject to penalties; or (b) the production or preparation of the thing would be a breach of an obligation, whether imposed by law or otherwise, by that person in order not to disclose the existence of the contents of the thing.
(4) an order under section 23 — (a) it shall not give any right to production of, or access to, items subject to legal privilege; and (b) shall have effect notwithstanding anything else any obligation as to secrecy or other restriction on disclosure of information imposed by law or otherwise.
(5) an authorized officer may photograph or make copies of any article submitted or that access to it is given according to the order made under section 23.
(6) If an officer is empowered to take possession of any thing under an order made under section 23 or take any pictures or make any copies of things laws of Malaysia ACT 62132 it pursuant to subsection (5), he shall notify the Attorney General and shall, unless directed otherwise by the Attorney, immediately send a article or picture or copy of the thing to the appropriate authority of a foreign country that be.
(7) in this section, "data equipment" means any equipment that is — (a) to process information automatically;
(b) the record or store information automatically;
(c) can be used to render that information is recorded, stored or otherwise processed automatically on other equipment, where wherever located;
(d) can be used to retrieve information, whether the information is recorded or stored in the equipment itself or in other equipment, where wherever located; or (e) can be used to run any combination of functions set out in paragraphs (a) to (d).
Immunity observing order submission 25. (1) no criminal or civil action, other criminal acts for an offence under section 26, may be brought against any person because of — (a) submit or provide access to any article if that person has filed or provide access to the thing in good faith due to comply with an order made against him under section 23; or (b) do or do not do any act if that person was doing or not doing the Act in good faith and as a consequence compliance with such order.
(2) any person to comply with an order made under section 23 shall not be deemed to have been in breach of any restriction on disclosure of information or the thing which is imposed by law, contract or professional conduct rules.
Mutual assistance in criminal matters 33 failure to comply with the order of production of 26. Any person who — (a) without reasonable excuse contravenes or fails to comply with an order under section 23; or (b) by purporting to comply with such order, submit or provide to authorized officers of any material known to the person that is false or misleading in terms of material without — (i) indicates to the authorized officers that it was false or misleading and the materials Division that is false or misleading; or (ii) provide the correct information to authorized officers if that person possesses, or can reasonably obtain, the right information, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Request for the presence of people in foreign countries set 27. (1) the appropriate authority of a foreign country specified may request the Attorney General so that help make the arrangements for the presence in foreign countries specified that a person who is in Malaysia for the purpose of giving evidence or assistance in relation to a criminal matters in foreign countries specified that.
(2) the Attorney General can help make arrangements for the arrival of a person to a foreign country specified that pursuant to a request referred to in subsection (1) where the Attorney General is satisfied that — (a) the request relates to a criminal matters specified in foreign countries involving an offence the heavy foreign;

Laws of Malaysia ACT 62134 (b) there are reasonable grounds to believe that the person concerned can provide evidence or assistance related to the criminal matter;
(c) the person concerned has been eager hearts agree to attend as requested; and (d) the relevant authorities have provided sufficient undertaking in respect of the matters referred to in subsection (3).
(3) matters related to it of undertaking shall be given by the relevant authorities is — (a) that the person may not — (i) detained, prosecuted or punished for any offence against the law of the foreign country specified that was said to have been committed, or that was committed, before the person's departure from Malaysia;
(ii) bears any civil suit in respect of any act or omission of that person who is said to have occurred, or that occurred, before the person's departure from Malaysia; or (iii) is required to provide evidence or assistance in connection with any criminal matters in foreign countries specified that in addition to criminal matters which the request relates, unless that person has left foreign countries specified that or that person has the opportunity to leave a foreign country specified that and have continued to be in a foreign country specified that in addition for the purposes of giving evidence or assistance in connection with criminal matters relating to the request;
(b) that any evidence given by the person in criminal proceedings which the request relates, if any, shall not be accepted or otherwise will not be permitted to be used in the prosecution of that person of an offence against the laws of the State mutual assistance in criminal matters 35 foreign prescribed that, other than for perjury or contempt of court in connection with the provision of such evidence;
(c) that the person will be returned to Malaysia in accordance with arrangements agreed upon by the Attorney General; and (d) such other matters as it deems fit by the Attorney General.
(4) If, pursuant to this section, the relevant authorities of a foreign country specified asks Attorney General in making arrangements for the attendance of any person in foreign countries specified that, the person whom the request relates shall not be liable to any penalty or liability or otherwise termudarat in law alone points due to refusal or failure of such person to agree to attend as requested.
Request for the presence of the prisoner or person in detention under 28. (1) where a request by the relevant authorities of a foreign country that is prescribed under section 27 relates to — (a) a prisoner within the meaning of section 2 of the Prison Act 1995 [Act 537]; or (b) a person who is detained in an institution that is determined, the Attorney can help make arrangements for the transfer of the person into the custody of a foreign officer specified that for the purpose of bringing that person from Malaysia to foreign countries specified that and, after that, detained in a foreign country specified in the custody of the authorities in foreign countries specified that and brought from time to time under the care of forward party authority or the courts of a foreign country specified in the before which he is required to attend as a witness.
(2) as soon as its presence is no longer required by the relevant authorities or the courts of a foreign country specified in the before which he is required to be present, the person laws of Malaysia ACT 62136 must travel in the custody of a foreign officer prescribed it to Malaysia and returned into the custody of an officer with the authority to take into custody and he shall , then, continues to undergo imprisonment or a detention dijalaninya before the transfer of its custody under subsection (1).
(3) the term of the person under the care of an alien under this section shall be taken into account in calculating the period of imprisonment or detention of such persons in Malaysia.
(4) no transfer under subsection (1) may be made unless the relevant authorities of Foreign Countries specified that give undertaking — (a) to bear and is responsible for all expenses the custody transfer;
(b) to hold that person in custody is valid during transfer its custody; and (c) to restore it into the custody of Malaysia as soon as his presence in front of the relevant authorities or the courts of a foreign country specified that no longer required.
The custody of the person in the course of 29. (1) persons in custody in a foreign country and who have agreed to give evidence or assistance in relation to a criminal matter in a foreign country specified others may be carried through Malaysia, in the custody of another person, to a specified foreign country other that, if foreign countries specified that first-mentioned that prior notice on the matter to the Attorney General.
(2) the person who brought through Malaysia in custody may, if flying aircraft, vehicle or train which carries the person landing or dock or stop in Malaysia, detained in the custody of any officer authorized by the Attorney General in writing up to his travels continued.
Mutual assistance in criminal matters 37 (3) where — (a) any person detained in custody pursuant to a direction under subsection (2); and (b) travel of the person, in the opinion of the Attorney General, not continued within a reasonable time, the Attorney General may direct that such person be brought in custody to foreign countries the prescribed thereof that person was first taken, and such instructions shall be sufficient authority for the transfer of the person from Malaysia by any other means as directed by the Attorney General.
(4) all costs and expenses incurred by Malaysia with respect to subsection (2) and (3) shall be reimbursed by the prescribed foreign country thereof that person first brought.
Escape from custody while traveling 30. (1) any person who, as a person detained in custody pursuant to a direction under subsection 29 (2), escape from custody is guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or both of each.
(2) any authorized officer may, without warrant, arrest a person if the authorized officers have reasonable grounds to believe that the person is a person referred to in subsection (1).
(3) a person who has been arrested under this section shall be returned to custody in accordance with this Act.
Request for enforcement of foreign forfeiture order 31. (1) the appropriate authority of a foreign country specified may request the Attorney General — (a) help enforce and discharge an order of forfeiture of foreign made in any judicial proceedings initiated in foreign countries set the to property that you trust with its reasonable located in Malaysia; or laws of Malaysia ACT 62138 (b) If a foreign forfeiture order may be made in judicial proceedings which have been or will be initiated in foreign countries specified that, help block arrangement of any trusted properties with its reasonable located in Malaysia and against whom the order is enforceable or available to perform the order.
(2) where a request referred to in subsection (1) is received, the Attorney General may — (a) in the case of paragraph (1) (a), acts or provide power for action taken under section 32 and the regulations made pursuant to section 44; or (b) in the case of paragraph (1) (b), or to authorize for actions taken under regulations made under section 44, and in the case of section 32 and the regulations made pursuant to section 44 shall apply accordingly.
Registration of foreign forfeiture order 32. (1) the Attorney General or the person authorized by him may apply to the High Court for the registration of a foreign forfeiture order.
(2) the High Court may, on the application referred to in subsection (1), the register of foreign forfeiture order if the High Court is satisfied — (a) that the order is in force and is not subject to further appeal in Foreign Country specified;
(b) if the person affected by the order is not present in the proceedings in foreign countries specified that, that the person has received notice of the proceedings in sufficient time to enable the person making the defence in the proceedings; and (c) that the enforcement of such order in Malaysia does not conflict with the interests of Justice.
Mutual assistance in criminal matters 39 (3) for the purposes of subsection (2), the High Court shall take into consideration the certificate referred to in section 34 if submitted.
(4) the High Court shall cancel the registration of an order of forfeiture foreign if found by the High Court that the order has been fulfilled with the payment of the amount payable thereunder or by the person against whom the order is made to undergo imprisonment because of default pay or in other ways.

(5) where an amount of money, if any, payable or remaining unpaid under a foreign forfeiture order which has been registered in the High Court under this section is stated in currencies other than the Malaysian currency, that amount shall, for the purposes of any action taken in connection with the order, converted into Malaysian currency based on the current exchange rate of the Bank on the date the order is registered.
(6) for the purposes of subsection (5), a certificate issued by the Bank and that the exchange rates prevailing at a specific date should be accepted in any judicial proceedings as evidence of the facts stated therein.
(7) in this section "appeal" includes — (a) any proceedings as a release or waive a judgment; and (b) an application for a new trial or a stay of execution.
Proof of orders, etc. Foreign country specified 33. (1) for the purposes of section 31 and 32 and the regulations made pursuant to section 44 — (a) any order made or judgment given by a Court of a foreign country specified purporting to bear the seal of the Court or signed by any person on its properties as a judge, magistrate or officer of the Court, shall be deemed without further proof as laws of Malaysia ACT 62140 duly sealed or signed by that person , as the case may be; and (b) a document, duly authenticated, which purports to be a copy of any order made or judgment given by a Court of a foreign country specified shall be deemed without further proof as true copies.
(2) a document is duly authenticated for the purposes of paragraph (1) (b) if the document purporting to be certified by any person on its properties as a judge, magistrate or officer of the Court in question or by or on behalf of the appropriate authority of a foreign country specified that.
Evidence in relation to proceedings and orders in foreign countries set 34. (1) for the purposes of section 31 and 32 and the regulations made pursuant to section 44, a certificate purporting to be issued by or on behalf of the relevant authorities of a foreign country specified stating that — (a) judicial proceedings have started and has not yet been completed, or that judicial proceedings are instituted, in foreign countries set it;
(b) a foreign forfeiture order is enforceable and not subject to appeal;
(c) all or a certain amount of the sum payable under a foreign forfeiture order has not been paid in foreign countries specified that, or that other property can be retrieved under a foreign forfeiture order has yet to be obtained in a foreign country specified;
(d) a person has been informed of any judicial proceedings under the laws of a foreign country that is specified; or mutual assistance in criminal matters 41 (e) an order, how whatsoever described, made by a Court of a foreign country specified that have intent to — (i) obtain, melucuthakkan or seize — (A) payments or other rewards received in connection with an offence against the laws of foreign countries that specified which is an offence in foreign, or weight value payment or reward it; or (B) property derived or realised, directly or indirectly, from payments or other rewards received in connection with an offence or the value of such property; or (ii) melucuthakkan or destroy, or melucuthakkan or otherwise dispose of, any drug or other articles related to it an offence against the laws of Foreign Country equivalent drugs prescribed it was committed, or that was used in connection with the Commission of such an offence, shall, in any proceedings in the Court, received in evidence without further proof.
(2) in any such proceedings, a statement contained in a document duly authenticated, which purports to have been received in evidence or as a copy of the documents received in such a way, or stating or summarize evidence given in proceedings in a court in a foreign country may be prescribed, be admissible as evidence of any fact stated in the document.
(3) a document is duly authenticated for the purposes of subsection (2) if the document purporting to be certified by any person on its properties as a judge, magistrate or officer of the Court in the foreign country specified that, or by or on behalf of an authority of the relevant foreign country specified that.
Laws of Malaysia ACT 62142 (4) no nothing in this section shall prejudice the admissibility of any evidence, whether contained in any document or otherwise, acceptable other than by virtue of this section.
Request for search and seizure 35. (1) the Attorney General may, at the request of the appropriate authority of a foreign country specified, help in getting any thing with search or seize.
(2) If, when a request referred to in subsection (1) is received, the Attorney General is satisfied that — (a) the request relates to a matter of crime in foreign countries specified that in respect of an offence of foreign heavy; and (b) there are reasonable grounds to believe that the object of the request was related to it in relation to criminal matters and is situated in Malaysia, the Attorney General, or an officer authorized by him may direct, may apply to the Court to obtain a warrant under section 36 in respect of premises specified by the Attorney General.
(3) an application for a warrant referred to in section 36 in respect of any article in the possession of a financial institution shall be made to the High Court.
(4) an application for a warrant referred to in section 36 shall state with sufficient details of the object in the possession of a financial institution.
Search warrant 36. (1) on the application referred to in section 35, the Court may issue a warrant to authorize someone to mutual assistance in criminal matters 43 authorized officer to enter and search the premises specified by the Attorney if the Court is satisfied that — (a) an order made under section 23 in respect of any article in the premises is not complied with; or (b) the conditions in subsection (2) have been met.
(2) the conditions referred to in paragraph (1) (b) are — (a) that there are reasonable grounds to suspect that the persons specified in the request have done or have benefited from an offense heavy foreign;
(b) that there are reasonable grounds to believe that the object of the application associated with it — (i) is likely to have substantial value, whether the thing itself or together with other things, to criminal matters in respect of which the application is made; and (ii) does not consist of or include items subject to legal privilege; and (c) that the Court is satisfied that it is not contrary to the public interest if the warrant is issued.
(3) a warrant issued under this section shall be subject to any conditions specified by the Court in the warrant.
The extra power of the person executing the warrant, etc.
37. (1) where an authorized officer has entered premises in the execution of a warrant issued under section 36, he may seize and retain any thing described in the warrant, other than items subject to legal privilege.
Laws of Malaysia ACT 62144 (2) an authorized officer may photograph or make copies of any thing seized under subsection (1).
(3) where an officer is empowered to seize any thing or take pictures or make a copy of any article under a warrant, he shall notify the Attorney General and shall, unless directed otherwise by the Attorney, immediately send a article or picture or copy of the thing to the appropriate authority of a foreign country that be.
(4) any person who menggalang or preventing authorized officers executing a warrant issued under this section commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Immunity in respect of authorized officers executing a search warrant 38. (1) no criminal or civil action can be brought against any person because of — (a) submit or provide access to any article if that person has filed or provide access to the thing in good faith because in compliance with a warrant issued under section 36; or (b) do or do not do any act if he or she was doing or not doing the Act in good faith and as a consequence compliance with such warrants.
(2) any person in compliance with a warrant issued under section 36 shall not be deemed to have been in breach of any restriction on disclosure of any information or the thing which is imposed by law, contract or professional conduct rules.

Assistance in searching for or identifying people 39. (1) the appropriate authority of a foreign country specified may request the Attorney General to assist in the search, or identify and find, someone who is believed to be in Malaysia.
Mutual assistance in criminal matters 45 (2) where a request made under subsection (1) is received, the Attorney General may authorize in writing the grant of the aid in accordance with this section if he is satisfied that — (a) the request relating to a criminal matter in a foreign country specified; and (b) there are reasonable grounds to believe that the person whom the request relating to — (i) involved in or may be affected by, or could give or provide evidence or assistance in connection with, the criminal matters; and (ii) are in Malaysia.
(3) where, in respect of a request made under subsection (1), the Attorney General authorize the granting of assistance in accordance with this section, the Attorney General shall submit the request to the relevant authorities in Malaysia.
(4) the relevant authorities referred to in subsection (3) shall be our best becomes severely disabled again find or identify and find, as the case may be, the person whom the request and shall notify the Attorney General about the result of the action taken.
(5) when such information is received, the Attorney General shall notify the relevant authorities of Foreign Countries specified.
Assistance in delivery process 40. (1) the appropriate authority of a foreign country specified may request the Attorney General helps implement the delivery process to someone who was in Malaysia.
(2) where a request made under subsection (1) is received, the Attorney General may authorize delivery of the process according to this section if he is satisfied that — (a) the request relating to a criminal matter in a foreign country specified;
Laws of Malaysia ACT 62146 (b) there are reasonable grounds to believe that the person to whom the process needs to be presented in Malaysia;
(c) foreign countries specified that have submitted sufficient information about the consequences of failure to comply with such process; and (d) if the request relates to the delivery of a summons so that present as witnesses in foreign countries specified that, foreign countries that have given the specified undertaking that the person will not be liable to any penalty or liability or otherwise termudarat in law solely due to refusal or failure of such persons to accept or comply with the summons, notwithstanding anything to the contrary in the summons.
(3) if the delivery is allowed under subsection (2), the Attorney General may, at the request of a foreign country that is determined, to enter into arrangements for service of process in relation to criminal matters in foreign countries specified that in Malaysia.
(4) without limiting the presentation process in a foreign country specified may be proved in Malaysia, the delivery process can be proved via affidavit presenting the process.
Penalty cannot be imposed for failure to comply with a summons is 41. The person who was supposed to attend as a witness pursuant to paragraph 40 (2) (d) shall not be liable to any penalty or liability or otherwise termudarat in law alone points due to refusal or failure of such persons to accept or comply with the summons, notwithstanding anything to the contrary in the summons.
PART IV of the VARIOUS Confirmation documents 42. (1) subject to section 13, 33 and 34 and any other law relating to the admissibility of evidence, any document given, given or presented mutual assistance in criminal matters 47 pursuant to a request made under this Act and certified accordingly admissible as evidence without any further evidence in any criminal proceedings.
(2) a document is duly authenticated for the purposes of subsection (1) if — (a) the document purporting to be signed or certified by a judge, magistrate or officer in the Foreign Country or for the specified; and (b) either — (i) the document is verified by oath or pledge of a witness, or foreign government officials set it; or (ii) the document purporting to be sealed with the official seal or a specified public foreign countries that the Government or the Minister, or the Department or Government officials, foreign countries specified that.
(3) all the courts of Malaysia shall take judicial notice to the public or official seal referred to in subsection (2).
(4) no nothing in this section prevents the proof of any matter or admissibility in evidence of any document in accordance with any other provisions of this Act or any other law of Malaysia.
43 delegation. (1) the Attorney General may delegate any of its powers under this Act to a fit and proper person as he may deem fit.
(2) a delegation under this section does not preclude the Attorney itself exercise any such power delegated at any time.
Regulations 44. (1) the Minister may make regulations as are necessary or expedient to give effect to or for carrying out the provisions of this Act.
Laws of Malaysia ACT 62148 (2) without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes: (a) provide for the removal and return of prisoners or persons under detention for submission of them temporarily to a foreign country specified under section 28;
(b) establish a procedure for the enforcement of foreign forfeiture orders;
(c) prescribing forms for the purposes of this Act;
(d) prescribing the fees and charges payable under this Act; and (e) provide for any other matter intended by, or necessary to carry out the full, the provisions of this Act and for the Administration accordingly.
(3) regulations made under this section may prescribe any act in violation of the regulations as an offence and may prescribe a penalty to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Mutual assistance in criminal matters 49 laws of MALAYSIA Act 621 ACT MUTUAL ASSISTANCE in CRIMINAL MATTERS 2002 LIST AMENDMENT law short title force amend from – no – laws of Malaysia ACT 62150 laws of MALAYSIA Act 621 ACT MUTUAL ASSISTANCE in CRIMINAL MATTERS Act 2002 AMENDED SECTION LIST Section Power amend with effect from – THERE are –