Section 29
Custody of person in transit
of Mutual Assistance in Criminal Matters Act 2002
A person who is in custody in a prescribed foreign State and has consented to give evidence or assistance in relation to a criminal matter in another prescribed foreign State may be transported through
Malaysia, in the custody of another person, to that other prescribed foreign State, if the first-mentioned prescribed foreign State gives prior notice of this to the Attorney General.
(2)
The person being transported through Malaysia in custody may, if an aircraft, vessel or train by which the person is being transported lands or calls or stops in Malaysia, be kept in the custody of such authorized officer as the Attorney General directs in writing until his transportation is continued.
(3)
Where—
(a)
a person is being held in custody pursuant to a direction under subsection (2); and
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(b)
the person’s transportation is not, in the opinion of the
Attorney General, continued within a reasonable time, the Attorney General may direct that the person be transported in custody to the prescribed foreign State from which the person was first transported, and such direction shall be sufficient authority for that person’s removal from Malaysia by such means as the Attorney
General directs.
(4)
All costs and expenses incurred by Malaysia in respect of subsections (2) and (3) shall be reimbursed by the prescribed foreign
State from which the person was first transported.