Malaysia legislation
Section 32
Section 32
(2)
The High Court may, on an application referred to in subsection (1), register the foreign forfeiture order if it is satisfied—
(a)
that the order is in force and not subject to further appeal in the prescribed foreign State;
(b)
where a person affected by the order did not appear in the proceedings in the prescribed foreign State, that the person had received notice of such proceedings in sufficient time to enable him to defend those proceedings; and
Mutual Assistance in Criminal Matters 41
(c)
that enforcing the order in Malaysia would not be contrary to the interests of justice.
(3)
For the purpose of subsection (2), the High Court shall take into consideration a certificate referred to in section 34 if tendered.
(4)
The High Court shall revoke the registration of a foreign forfeiture order if it appears to the High Court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by other means.
(5)
Where an amount of money, if any, payable or remaining to be paid under a foreign forfeiture order registered in the High Court under this section is expressed in a currency other than that of
Malaysia, the amount shall, for the purpose of any action taken in relation to that order, be converted into the currency of Malaysia on the basis of the Bank’s exchange rate prevailing on the date of registration of the order.
(6)
For the purposes of subsection (5), a certificate issued by the
Bank and stating the exchange rate prevailing on a specified date shall be admissible in any judicial proceedings as evidence of the facts so stated.
(7)
In this section, “appeal” includes—
(a)
any proceedings by way of discharging or setting aside a judgment; and
(b)
an application for a new trial or a stay of execution.
Proof of orders, etc., of prescribed foreign State