Malaysia legislation
Section 21
Section 21
(2)
Upon the expiration of the period referred to in subsection
(1)
or, if an application for a writ of habeas corpus has been made to the High Court by the fugitive criminal, upon the final determination of such application by the High Court or after such further period as may be allowed in either case by the Minister, the Minister shall—
(a)
in the case of a requisition made under section 29, issue a temporary surrender warrant under his hand and seal;
or
(b)
in the case of a requisition made under section 12, issue a surrender warrant under his hand and seal, to order the fugitive criminal to be surrendered to such person as may in his opinion be duly authorized to receive the fugitive criminal by the country which made the requisition for his return, and such fugitive criminal shall be returned accordingly.
19
Extradition
(3)
It shall be lawful for any person to whom such warrant is directed and for the person so authorized as aforesaid to receive, hold in custody and convey, within the jurisdiction of the country which made the requisition for his return, the fugitive criminal and if the fugitive criminal escapes out of any custody to which he may be surrendered in pursuance of such warrant, it shall be lawful to retake him in the same manner as any person accused of any crime against the laws of Malaysia may be retaken upon an escape.
Waiver of committal proceedings by fugitive criminal