Malaysia legislation

Section 39

of *MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2002

Section 39

(2)

On receipt of a request made under subsection (1), the

Attorney General may authorize in writing assistance in accordance with this section if he is satisfied that—

(a)

the request relates to a criminal matter in the prescribed foreign State; and

Mutual Assistance in Criminal Matters 47

(b)

there are reasonable grounds for believing that the person to whom the request relates—

(i)

is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter;

and

(ii)

is in Malaysia.

(3)

Where, in relation to a request made under subsection (1), the

Attorney General authorizes assistance in accordance with this section, the Attorney General shall forward the request to the appropriate authority in Malaysia.

(4)

The appropriate authority referred to in subsection (3) shall, to the best of its ability, locate or identify and locate, as the case may be, the person to whom the request relates, and shall inform the Attorney

General of the outcome of the actions taken.

(5)

On receipt of such information, the Attorney General shall inform the appropriate authority of the prescribed foreign State.

Assistance in service of process