Malaysia legislation
Section 22
Section 22
(a)
ascertain whether the consent is given voluntarily;
(b)
upon being satisfied that such consent is given voluntarily, advise the fugitive criminal that the effect of so consenting will be that—
(i)
he will be committed to prison;
(ii)
he will not be entitled to apply under section 36
for a writ of habeas corpus to review the validity of the decision to commit him to prison;
(iii)
upon his return to the country which made the requisition for his return, he shall be tried for the extradition offence in respect of which his extradition was requested or he may be tried for any lesser offence proved by the facts on which that extradition offence was grounded;
(iv)
upon his return to that country, he may also be tried for any other extradition offence in respect of which the Minister so consents under section 10.
(2)
If, after the fugitive criminal has been advised in accordance with paragraph (1)(b), the fugitive criminal again consents to the waiver, the Court shall commit the fugitive criminal to prison to await the warrant of the Minister under subsection (3).
20
(3)
The Minister may, at any time after a fugitive criminal has been committed to prison, issue—
(a)
a temporary surrender warrant; or
(b)
a surrender warrant, as the case may be, for the return of the fugitive criminal to the country concerned.
(4)
Section 36 shall not apply to a fugitive criminal committed to prison under this section.
Depositions to be evidence