Malaysia legislation
Section 6
Section 6
The principal Act is amended by inserting after section 46o the following Part:
‘Part IVb
INTERNATIONAL TRANSFER OF PRISONERS
Application of this Part 46p. This Part shall only be applicable to prisoners that have been transferred under the International Transfer of Prisoners
Act 2012 [Act 754].
Interpretation 46q. For the purposes of this Part—
“transferred prisoner” means the transferred prisoner under the International Transfer of Prisoners Act 2012; and
“prescribed foreign State” has the meaning assigned to it under the International Transfer of Prisoners Act 2012.
Commissioner General Standing Orders relating to transferred prisoners 46r. The Commissioner General may make and issue orders to be called Commissioner General’s Standing Orders under section 12 in respect of transferred prisoners which shall not be inconsistent with the International Transfer of Prisoners Act 2012 or any regulations made under that Act.
Remission of sentence for transferred prisoners 46s. (1) In relation to a transferred prisoner to Malaysia from the prescribed foreign State—
(a)
if the transferred prisoner did not receive any remission of sentence at the prescribed foreign State, the transferred prisoner shall be entitled for remission calculated on the balance of his sentence to be served in Malaysia; or
Prison (Amendment)
(b)
if the transferred prisoner had received remission of sentence at the prescribed foreign State, the transferred prisoner shall not be entitled to receive any remission on the balance of his sentence to be served in Malaysia.
(2)
Subject to subsection (1), section 44 of this Act and any regulations made under this Act relating to remission shall be applicable to transferred prisoners from the prescribed foreign
State to Malaysia.
Power of Parole Board relating to transferred prisoners 46t. (1) The Parole Board may—
(a)
vary or amend the existing conditions of the Parole Order issued by the prescribed foreign State; or
(b)
impose further conditions on the Parole Order issued by the prescribed foreign State.
(2)
A varied or amended or any further conditions imposed
Parole Order under paragraph (1)(a) or (b) shall be deemed to be a Parole Order issued by the Parole Board.
(3)
If a transferred prisoner who has been transferred from the prescribed foreign State fails to comply with any conditions of the Parole Order issued by the prescribed foreign State or any conditions that were varied or amended or any further conditions imposed by the Parole Board, the Parole Board may suspend or revoke the Parole Order.
Exemption of conditions for parole eligibility for transferred prisoners 46u. (1) The Commissioner General shall exempt a transferred prisoner from the prescribed foreign State and released on parole from the condition specified under paragraph 46e(3)(c).
(2)
The Commissioner General may exempt a transferred prisoner from the prescribed State and yet to be released on parole, from the condition prescribed under paragraph 46e(3)(c).’.
Amendment of the First Schedule