Malaysia legislation
Section 34
Section 34
(a)
judicial proceedings have been instituted and have not been concluded, or that judicial proceedings are to be instituted, in that prescribed foreign State;
(b)
a foreign forfeiture order is in force and is not subject to appeal;
(c)
all or a certain amount of the sum payable under a foreign forfeiture order remains unpaid in that prescribed foreign
State, or that other property or instrumentalities recoverable under a foreign forfeiture order remains unrecovered in that prescribed foreign State;
(d)
a person has been notified of any judicial proceedings in accordance with the law of that prescribed foreign State; or
Mutual Assistance in Criminal Matters 43
(e)
an order, however described, made by a court of that prescribed foreign State has the purpose of—
(i)
recovering, forfeiting or confiscating—
(A)
payments or other rewards received in connection with an offence against the law of that prescribed foreign State that is a foreign serious offence, or the value of the payments or rewards; or
(B)
property derived or realized, directly or indirectly, from payments or other rewards received in connection with such an offence or the value of such property; or
(C)
instrumentalities or the value of such instrumentalities; or
(ii)
forfeiting or destroying, or forfeiting or otherwise disposing of, any drugs or other substance in respect of which an offence against the corresponding drug law of that prescribed foreign State has been committed, or which was used in connection with the commission of such an offence, shall, in any proceedings in a court, be received in evidence without further proof.
(2)
In any such proceedings, a statement contained in a duly authenticated document, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarize evidence given in proceedings in a court in a prescribed foreign State, shall be admissible as evidence of any fact stated in the document.
(3)
A document is duly authenticated for the purposes of subsection (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the prescribed foreign State, or by or on behalf of an appropriate authority of that prescribed foreign State.
44 Laws of Malaysia ACT 621
(4)
Nothing in this section shall prejudice the admissibility of any evidence, whether contained in any document or otherwise, which is admissible apart from by virtue of this section.
Request for search and seizure