Malaysia legislation
Section 27
Section 27
(2)
The Attorney General may assist in making arrangements for the travel of the person to the prescribed foreign State pursuant to a request referred to in subsection (1) if the Attorney General is satisfied that—
(a)
the request relates to a criminal matter in the prescribed foreign State involving a foreign serious offence;
(b)
there are reasonable grounds to believe that the person concerned is capable of giving evidence or assistance relevant to the criminal matter;
(c)
the person concerned has freely consented to attend as requested; and
(d)
the appropriate authority has given adequate undertakings in respect of the matters referred to in subsection (3).
36 Laws of Malaysia ACT 621
(3)
The matters in relation to which undertakings are to be given by the appropriate authority are—
(a)
that the person shall not—
(i)
be detained, prosecuted or punished for any offence against the law of the prescribed foreign State that is alleged to have been committed, or that was committed, before the person’s departure from
Malaysia;
(ii)
be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that had occurred, before the person’s departure from Malaysia; or
(iii)
be required to give evidence or assistance in relation to any criminal matter in the prescribed foreign State other than the criminal matter to which the request relates, unless the person has left the prescribed foreign State or the person has had the opportunity of leaving the prescribed foreign State and has remained in the prescribed foreign State otherwise than for the purpose of giving evidence or assistance in relation to the criminal matter to which the request relates;
(b)
that any evidence given by the person in the criminal proceedings to which the request relates, if any, will be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against the law of the prescribed foreign State, other than for the offence of perjury or contempt of court in relation to the giving of that evidence;
(c)
that the person will be returned to Malaysia in accordance with arrangements agreed to by the Attorney General; and
(d)
such other matters as the Attorney General thinks appropriate.
Mutual Assistance in Criminal Matters 37
(4)
Where, pursuant to this section, the appropriate authority of a prescribed foreign State requests the assistance of the Attorney
General in arranging the attendance of any person in that prescribed foreign State, the person to whom the request relates shall not be subjected to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to consent to attend as requested.
Request for attendance of prisoner or person under detention