Skip to content
mylaw.myby aturio
In forceUpdated to 26 Dec 2012Read it in Bahasa Malaysia
Contents

Act of Parliament

International Transfer of Prisoners Act 2012

Feedback & supportTransferring prisoners to and from the country

Part I

Preliminary

Official textFrom Laws of Malaysia Online, unchanged

(1)

This Act may be cited as the International Transfer of

Prisoners Act 2012.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

s 2Application

This Act is applicable to prisoners sentenced by the courts established by or under Part IX of the Federal Constitution or section 3 of the Subordinate Courts Act 1948 [Act 92], or by the courts of the prescribed foreign State with similar jurisdiction.

international transfer of prisoners act 2012

s 3Interpretation

In this Act, unless the context otherwise requires—

“prisoner” means a person who is serving a sentence of imprisonment or under confinement in a prison pursuant to an order made upon a finding of guilt, including—

(a)

a prisoner released on parole; and

(b)

such person under the age of eighteen years;

“Commissioner General of Prison” means the Commissioner

General of Prison appointed under subsection 10(1) of the Prison

Act 1995 [Act 537];

“Minister” means the Minister charged with the responsibility for prisons and prisoners;

“prescribed foreign State” means a foreign State declared by the Minister, by an order made under section 4, as a prescribed foreign State;

“ a p p r o p r i a t e a u t h o r i t y ” m e a n s a p e r s o n o r authority in any prescribed foreign State whom the Minister is satisfied is authorized under the law of that prescribed foreign State as being the authority responsible for administering the transfer of prisoners to and from such State.

(1)

The Minister may, by order to be published in the

Gazette, declare a foreign State to be a prescribed foreign State if there is in force a treaty or other agreement between Malaysia and that foreign State, under which that foreign State has agreed to provide for the transfer of prisoners to and from

Malaysia.

International Transfer of Prisoners 7

(2)

An order under this section may provide that the provisions of this Act shall apply to the foreign State subject to such restrictions, limitations, exceptions, modifications, adaptations, conditions or qualifications as are specified in the order, and in that event the provisions of this Act shall apply accordingly.

(3)

An order made under this section shall be conclusive evidence that the treaty or other agreement referred to in the order complies with this Act, and that this Act applies to the prescribed foreign State referred to in the order.

(4)

The validity of the order made under this section shall not be questioned in any legal proceedings.

(5)

The Minister may by a subsequent order vary or revoke any order previously made under this section.

Part II

Transfer

Read on from Part II

Part III

Transfer from Malaysia

Read on from Part III

Part IV

Transfer to Malaysia

Read on from Part IV

Part V

Read on from Part V

Part VI

Read on from Part VI

Part VII

General

Read on from Part VII