Malaysia legislation
Section 19
Section 19
Procedure before Sessions Court
(a)
that he did not do or omit to do the act alleged to have been done or omitted by him;
(b)
that he is not the person against whom the warrant was issued in the country which seeks his return;
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(c)
that the alleged act or omission is not an extradition offence in relation to the country which seeks his return;
(d)
that the offence is of a political character, or that the proceedings are being taken with a view to try or punish him for an offence of a political character;
(e)
that the offence is an offence under military law which is not also an offence under the general criminal law;
(f)
that the alleged act or omission does not constitute an offence under the law of Malaysia;
(g)
that his return would not be in accordance with the provisions of this Act;
(h)
that he has been previously convicted or acquitted or pardoned by a competent tribunal or authority in the country which seeks his return or in Malaysia in respect of the alleged act or omission; or
(i)
that the request for his surrender was made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions, or that he might be prejudiced at his trial or punished or imprisoned by reason of his race, religion, nationality or political opinions.
(2)
Nothing in this section shall limit the power of the Sessions
Court to receive any other evidence that may be tendered to show that the fugitive criminal should not be returned.
(3)
For the purposes of paragraph (2)(d), the Sessions Court may receive such evidence as in its opinion may assist it in determining the truth, whether or not such evidence is otherwise legally admissible in a court of law.
(4)
If the Sessions Court is of the opinion that a prima facie case is not made out in support of the requisition of the country concerned, the Court shall discharge the fugitive criminal.
(5)
If the Sessions Court is of the opinion that a prima facie case is made out in support of the requisition of the country concerned, the Court shall commit the fugitive criminal to prison to await the order of the Minister for his surrender, and shall report the result of its inquiry to the Minister; and shall forward together with such report any written statement which the fugitive criminal may desire to submit for the consideration of the Minister.
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Extradition
Procedure before Sessions Court where a special direction has been given under section 4