Malaysia legislation
Section 4
Section 4
(1)
Where under the provisions of any law in force in
Singapore a Court, a Judge, a Magistrate, or any other officer of
Court, in Singapore has issued a summons requiring a person to appear before any Court in Singapore as a witness to give evidence in any criminal trial, criminal inquiry or other criminal proceeding, 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, a Judge, a Magistrate, or other officer of Court, 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 Court, a Judge, a Magistrate or an officer of
Court having authority to issue the same, in Malaysia under the
Criminal Procedure Code, and such witness shall, on service of the summons so endorsed, and on payment or tender of a reasonable amount for his expenses, 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 an officer of Court in Singapore that such person had failed 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 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 requiring a person to appear before any Court in Malaysia as a witness to give evidence in any criminal trial, criminal inquiry or other criminal proceeding has been duly endorsed in Singapore and served on the witness, such summons shall for the purposes of the Criminal Procedure Code be deemed to be 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 witness and a reasonable amount for his expenses paid or tendered to him, and 025e.fm Page 7 Monday, March 27, 2006 2:09 PM
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an affidavit of such service and the payment or tender of such expenses may be given in evidence and shall be sufficient evidence of the service of the summons and the payment or tender of the expenses unless the contrary be proved, and no process shall issue on such Magistrate in Singapore or any other officer of Court in
Singapore or the person who served the summons and paid or tendered the expenses to give evidence at such trial on behalf of any party.
Execution of a warrant issued in lieu of or in addition to summons