Malaysia legislation
Section 28
Section 28
(a)
a prisoner within the meaning of section 2 of the Prison Act 1995 [Act 537]; or
(b)
a person under detention in a prescribed institution, the Attorney General may assist in arranging the transfer of such person into the custody of an officer of the prescribed foreign State for the purpose of transporting such person from Malaysia to the prescribed foreign State and, after that, to be detained in that prescribed foreign State under the custody of such authority as may be lawful in that prescribed foreign State and produced from time to time under custody before the appropriate authority or court in the prescribed foreign State before which he is required to attend as a witness.
(2)
Immediately upon his further attendance being dispensed with by the appropriate authority or court in the prescribed foreign State before which his attendance is required, the person shall be transported in the custody of an officer of the prescribed foreign State to Malaysia and returned into the custody of a Malaysian officer having lawful authority to take him into custody and he shall, after that, continue to undergo the imprisonment or detention which he was undergoing prior to the transfer of his custody under subsection (1).
38 Laws of Malaysia ACT 621
(3)
The period during which such person was under foreign custody under this section shall count towards the period of his imprisonment or detention in Malaysia.
(4)
No transfer under subsection (1) shall be effected unless the appropriate authority of the prescribed foreign State gives an undertaking—
(a)
to bear and be responsible for all the expenses of the transfer of custody;
(b)
to keep the person under lawful custody throughout the transfer of his custody; and
(c)
to return him into Malaysian custody immediately upon his attendance before the appropriate authority or court in the prescribed foreign State being dispensed with.
Custody of person in transit