International Transfer of Prisoners Act 2012 · Updated to 26 Dec 2012 · Part II · Transfer
7. Conditions for transfer
Feedback & supportThe conditions for transfer of a prisoner to or from
prisoner
“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;
Malaysia are fulfilled if—
the sentence of imprisonment of or the order made upon the finding of guilt imposing a term of imprisonment on the prisoner is not subject to appeal to any court or tribunal;
the acts or omissions constituting the offence on account of which the prisoner is serving the sentence in the sentencing State would, if the acts or omissions had occurred in the State to which transfer is sought, also have constituted an offence in that State unless the Minister and the appropriate authority agree otherwise;
at the time the application for the transfer is made at least six months of the prisoner’s sentence remains to be served, irrespective of whether the prisoner has been released on parole or otherwise, provided that the
Minister and the appropriate authority may determine a shorter period;
the Minister and the appropriate authority have given their consent to the transfer;
the consent of the prisoner has been obtained, if such consent is required by the treaty or other agreement between Malaysia and the prescribed foreign State, or any other treaty or agreement to which Malaysia or the prescribed foreign State is a party to; and
any other requirements agreed to between Malaysia and the prescribed foreign State are satisfied including conditions provided in or made under any treaty or agreement between Malaysia and the prescribed foreign
State.
International Transfer of Prisoners 9
For the transfer of a prisoner to or from Malaysia, the
Minister may refuse the application for transfer or may not grant his consent to the transfer if—
Minister
“Minister” means the Minister charged with the responsibility for prisons and prisoners;
the prisoner has been sentenced to death;
such transfer would affect the sovereignty, security, public order or other essential public interest of Malaysia;
such transfer of the prisoner would impose an excessive burden on the resources of Malaysia; or
such transfer would require steps to be taken that would be contrary to any written law.