Malaysia legislation

Section 3

of SUMMONSES AND WARRANTS (SPECIAL PROVISIONS) ACT 1971

Section 3

(1)

Where under the provisions of any law in force in

Singapore a Court or a Magistrate in Singapore has issued a summons requiring a person accused of an offence to appear before any Court in Singapore, and such person is, or is suspected of being in or on his way to Malaysia, a Magistrate in Malaysia may, if satisfied that the summons was issued by a Court or a

Magistrate in Singapore, endorse the summons with his name and designation and seal it with the seal of his Court, and such summons may then be served on such person as if it were a summons issued by a Magistrate in Malaysia under the Criminal

Procedure Code [Act 593], and such person shall, on service of the summons so endorsed, be legally bound to obey the summons, and if he intentionally omits to obey such summons he shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred ringgit, or to both, and in any such trial a certificate signed by a Magistrate in Singapore that such person had omitted to obey the summons shall be sufficient evidence that he had intentionally omitted to obey the summons unless the contrary be proved, and no process shall issue on such Magistrate in

Singapore or any other officer of Court in Singapore to give evidence at such trial on behalf of any party.

(2)

Where under the provisions of any law in force in Singapore corresponding to subsection (1), a summons to a person accused of an offence issued by a Court or a Magistrate in Malaysia has been endorsed by a Magistrate in Singapore and served on the person accused, such summons shall for the purposes of the Criminal

Procedure Code be deemed to have been as validly served as if such service had been effected in Malaysia, and if such person intentionally omits to obey the summons he shall be liable to be tried and punished in Malaysia, and at any such trial a certificate signed by a Magistrate in Singapore that such summons was duly served on the person accused, and an affidavit of such service by the person who served the summons may be given in evidence and shall be sufficient evidence of the service of the summons unless the contrary be proved, and no process shall issue on such 025e.fm Page 6 Monday, March 27, 2006 2:09 PM

Summonses and Warrants

(Special Provisions) 7

Magistrate in Singapore or any other officer of Court in

Singapore or the person who served such summons to give evidence at such trial on behalf of any party.

Service of summons to a witness between Malaysia and Singapore