Section 49
Discretion in respect of return of certain fugitive criminals
ActIn forceProvision 46 of 51
Section 49
(1)
The Minister may, in his discretion, refuse the surrender or the return of a fugitive criminal if—
(a)
the fugitive criminal is a citizen of Malaysia; or
(b)
the extradition offence is one in respect of which the courts in Malaysia have jurisdiction.
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(2)
Where extradition is refused under subsection (1), the Minister shall, if courts in Malaysia have jurisdiction over the extradition offence, submit the case to the Public Prosecutor with a view to having the fugitive criminal prosecuted under the laws of Malaysia.