Malaysia legislation
Section 13
Section 13
(1)
Proceedings under this Part shall not abate upon the death of the person affected but shall be continued to their final
*NOTE—Previously referred to ―the Supreme Court‖–see section 46 of the Constitution
(Amendment) Act 1994 [Act A885].
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Laws of Malaysia ACT 340
conclusion, regardless whether or not such death results from the execution of a sentence of death for any offence under any written law and whether or not such offence is related to or involves any dangerous drug, and where proceedings under this
Part are instituted against a person who is under a sentence of death such proceedings shall not impede, delay or in any manner or for any reason affect the process for the execution of such sentence.
(2)
Where the person affected dies before the conclusion of any proceedings under this Part, but after the issue of the notice against him under subsection 9(1), the proceedings shall be continued against the personal representative of the deceased liable person or, if there is no such personal representative, such beneficiary or beneficiaries of the estate of the deceased liable person as may be specified by the High Court upon application by the Public Prosecutor, and after the High Court has given an opportunity to such beneficiary or beneficiaries to be heard in the matter.
(3)
Where at any time after any specification of a beneficiary or beneficiaries has been made by a Sessions Court under paragraph 7(1)(e) or by the High Court under subsection 9(4) and subsection (2), representation to the estate of the deceased has been duly taken out, the Public Prosecutor shall apply to the High Court for the said beneficiary or beneficiaries to be substituted by the personal representative, and the High
Court shall order accordingly after giving an opportunity to be heard to the said beneficiary or beneficiaries and the said personal representative, and in making any such order the
High Court may give all such directions of a transitional, incidental or ancillary nature, or as may be deemed necessary by the High Court.
Proceedings under this Part to be within the criminal jurisdiction of the High Court