Malaysia legislation
Section 20
Section 20
(a)
the appropriate authority of that prescribed foreign State has, in respect of that request, failed to comply with the terms of any treaty or other agreement between Malaysia and that prescribed foreign State;
(b)
the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political nature;
(c)
the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Malaysia, would have constituted a military offence under the laws of Malaysia which is not also an offence under the ordinary criminal law of Malaysia;
(d)
there are substantial grounds for believing that the request was made for the purpose of investigating, prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, religion, sex, ethnic origin, nationality or political opinions;
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(e)
the request relates to the investigation, prosecution or punishment of a person for an offence in a case where the person—
(i)
has been convicted, acquitted or pardoned by a competent court or other authority in that prescribed foreign State; or
(ii)
has undergone the punishment provided by the law of that prescribed foreign State, in respect of that offence or of another offence constituted by the same act or omission as the first-mentioned offence;
(f)
the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Malaysia, would not have constituted an offence against the laws of Malaysia;
(g)
the facts constituting the offence to which the request relates does not indicate an offence of sufficient gravity;
(h)
the thing requested for could reasonably be obtained by other means;
(i)
the provision of the assistance would affect the sovereignty, security, public order or other essential public interest of
Malaysia;
(j)
the appropriate authority fails to undertake that the thing requested for will not be used for a matter other than the criminal matter in respect of which the request was made;
(k)
in the case of a request for assistance under sections 22, 23,
24, 25 and 26 or sections 35, 36, 37 and 38, the appropriate authority fails to undertake to return to the Attorney
General, upon his request, any thing obtained pursuant to the request upon completion of the criminal matter in respect of which the request was made;
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(l)
the provision of the assistance could prejudice a criminal matter in Malaysia; or
(m)
the provision of the assistance would require steps to be taken that would be contrary to any written law.
(2)
Paragraph (l)(j) shall not apply where the failure to undertake that the thing requested for will not be used for a matter other than the criminal matter in respect of which the request was made is with the consent of the Attorney General.
(3)
A request by a prescribed foreign State for assistance under this Part may be refused by the Attorney General—
(a)
pursuant to the terms of any treaty or other agreement between Malaysia and that prescribed foreign State;
(b)
if, in the opinion of the Attorney General, the provision of the assistance would, or would be likely to, prejudice the safety of any person, whether that person is within or outside Malaysia;
(c)
if, in the opinion of the Attorney General, the provision of the assistance would impose an excessive burden on the resources of Malaysia; or
(d)
if that foreign State is not a prescribed foreign State and the appropriate authority of that foreign State fails to give an undertaking to the Attorney General that the foreign State will, subject to its laws, comply with a future request by
Malaysia to that foreign State for assistance in a criminal matter.
(4)
Without prejudice to paragraph (3)(c), if there is a request for assistance by a prescribed foreign State and the Attorney General is of the opinion that the expenses involved in complying with the request or continuing to effect the assistance requested for is of an extraordinary or substantial nature, the Attorney General shall consult with the appropriate authority of the prescribed foreign State on the conditions under which the request is to be effected or under which
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the Attorney General is to cease to give effect to it, as the case may be.
Exceptions to political offences