Malaysia legislation
Section 40
Section 40
(2)
On receipt of a request made under subsection (1), the
Attorney General may authorize the service of the process in accordance with this section if he is satisfied that—
(a)
the request relates to a criminal matter in that prescribed foreign State;
(b)
there are reasonable grounds for believing that the person to be served is in Malaysia;
48 Laws of Malaysia ACT 621
(c)
the prescribed foreign State has furnished sufficient details of the consequences of a failure to comply with such process; and
(d)
where the request relates to the service of a summons to appear as a witness in that prescribed foreign State, that prescribed foreign State has given an undertaking that the person will not be subjected to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, notwithstanding anything to the contrary in the summons.
(3)
Where service is authorized under subsection (2), the Attorney
General may, at the request of a prescribed foreign State, arrange for the service in Malaysia of a process relating to a criminal matter in the prescribed foreign State.
(4)
Without limiting the manner in which the service of a process in a prescribed foreign State may be proved in Malaysia, service of such process may be proved by the affidavit of the person who served the process.
Penalty not to be imposed for failure to comply with summons