Section 20 — AKTA EKSTRADISI 1992

(a)

after hearing any representation made in support of the extradition request;

(b)

upon the production of supporting documents in relation to the offence;

(c)

upon being satisfied that the alleged act or omission of the fugitive criminal would, if it had taken place in Malaysia, constitute an offence under the laws of Malaysia;

(d)

if the fugitive criminal does not satisfy the Court that there are substantial grounds for believing that—

(i)

the offence is an offence 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;

(ii)

prosecution for the offence in respect of which his return is sought is barred by time in the country which seeks his return;

(iii)

the offence is an offence under military law which is not also an offence under the general criminal law;

(iv)

the fugitive criminal has been acquitted or pardoned by a competent tribunal or authority in the country which seeks his return or in Malaysia;

(v)

the fugitive criminal has undergone the punishment provided by the law of the country which seeks his return or of Malaysia in respect of the extradition offence or any other offence constituted by the same conduct as that which constitutes the extradition offence;

(e)

upon being satisfied that the fugitive is not accused of an offence, nor undergoing a sentence in respect of an offence, in Malaysia, other than the extradition offence in respect of which his return is sought, commit the fugitive criminal to prison to await the order by the

Minister for his surrender.

18

(2)

In the proceedings before the Sessions Court under subsection

(1)

the fugitive criminal is not entitled to adduce, and the Court is not entitled to receive, evidence to contradict the allegation that the fugitive criminal has done or omitted to do the act which constitutes the extradition offence for which his return is sought.

(3)

In this section, “supporting documents” means—

(a)

any duly authenticated warrant for the arrest of the fugitive criminal issued by the country which seeks his return or any duly authenticated copy of such warrant;

(b)

any duly authenticated document to provide evidence of the fugitive criminal’s conviction or sentence or the extent to which a sentence imposed has not been carried out;

(c)

a statement in writing setting out a description of, and the penalty applicable in respect of, the offence and a duly authenticated statement in writing setting out the conduct constituting the offence.

Return of fugitive criminal