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Section 52

Taking of evidence for purpose of return of fugitive criminals to Malaysia

of Extradition Act 1992

ActIn forceProvision 49 of 51
Section 52
(1)

Where a warrant has been issued in Malaysia for the apprehension of a person and he is, or is suspected of being, in another country, the Minister may by order in writing authorize a Magistrate to take evidence in Malaysia for transmission to the country concerned for use in any proceedings in that country for the return of that person to Malaysia.

31

Extradition

(2)

Upon receipt of the order, the Magistrate shall—

(a)

take the evidence on oath or affirmation of each witness appearing before him to give evidence in relation to that matter;

(b)

cause the evidence to be reduced into writing and certify that the evidence was taken by him; and

(c)

cause the evidence so certified to be sent to the Minister.

(3)

The person against whom the warrant of arrest has been issued under subsection (1) is not entitled to make any representation or cause any representation to be made in the proceeding under subsection (2).