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Contents

Chapter XIV · Jurisdiction of Criminal Courts in Inquiries and Trials

127A. Liability for offences committed out of Malaysia

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(1)

Any offence under Chapters VI ,VIA and VIB of the Penal Code, any offence under any of the written laws specified in the Schedule to the Extra-territorial Offences Act 1976 [Act 163], or any offence under any other written law the commission of which is certified by the

Attorney General to affect the security of Malaysia committed, as the case may be—

Criminal Procedure Code 95

(a)

on the high seas on board any ship or on any aircraft registered in Malaysia;

(b)

by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;

(c)

by any citizen or any permanent resident in any place without and beyond the limits of Malaysia;

(d)

by any person against a citizen of Malaysia;

(e)

by any person against property belonging to, or operated or controlled by, in whole or in part, the Government of

Malaysia, or the Government of any State in Malaysia, any citizen of Malaysia, or any corporation created by or under the laws of Malaysia located outside Malaysia, including diplomatic or consular premises of Malaysia;

(f)

by any person to compel the Government of Malaysia or the government of any State in Malaysia to do or refrain from doing any act;

(g)

by any stateless person who has his habitual residence in

Malaysia;

(h)

by any person against or on board a fixed platform while it is located on the continental shelf of Malaysia; or

(i)

by any person who after the commission of the offence is present in Malaysia, may be dealt with as if it had been committed at any place within

Malaysia:

Provided―

(i)

that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Malaysia unless a diplomatic officer, if here is one, in the territory in which the offence is alleged to have been committed certifies that, in his

96

opinion, the charge ought to be inquired into in Malaysia;

and, where there is no diplomatic officer, the sanction of the Public Prosecutor shall be required:

(ii)

that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against that person for the same offence if the offence had been committed in Malaysia shall be a bar to further proceedings against him under any written law relating to extradition or the surrender of fugitive criminals in force in

Malaysia in respect of the same offence in any territory beyond the limits of Peninsular Malaysia.

(2)

For the purposes of this section the expression “permanent resident”

has the meaning assigned by the Courts of Judicature Act 1964.

Power to direct copies of depositions and exhibits to be received in evidence

Report

Chapter XV

Complaints to Magistrates

Chapter XVI

Commencement of Proceedings Before a Magistrate’S Court

Chapter XVII

Preliminary Inquiries Into Cases Triable by the High Court

Chapter XVIII

The Charge

Chapter XIX

Summary Trials by Magistrates

Chapter XX

Chapter XX.

Chapter XX

Trials Before the High Court

Chapter XXI

Trials Before the High Court with the Aid of Assessors

Chapter XXII

Trials by Jury Before the High Court

Chapter XXIII

Jurors and Assessors

Chapter XXIV

General Provisions as to Inquiries and Trials

Chapter XXV

Mode of Taking and Recording Evidence in Inquiries and Trials

Chapter XXVI

Judgment

Chapter XXVII

Sentences and the Carrying Out of IT

Chapter XXVIII

Suspensions, Remissions and Commutations of Sentences

Chapter XXIX

Previous Acquittals or Convictions

Part VII

Appeal and Revision

Chapter XXX

Appeals to the High Court

Chapter XXXI

Revision

Part VIII

Special Proceedings

Chapter XXXIII

Persons of Unsound Mind

Chapter XXXIV

Proceedings in Case of Certain Offences Affecting the Administration of Justice

Chapter XXXV

Maintenance of Wives and Children

Chapter XXXVI

Directions of the Nature of a Habeas Corpus

Part IX

Supplementary Provisions

Chapter XXXVII

The Public Prosecutor

Chapter XXXVIII

Bail

Chapter XXXIX

Special Provisions Relating to Evidence

Chapter XL

Provisions as to Bonds

Chapter XLI

Disposal of Exhibits and of Property the Subject of Offences

Chapter XLII

Transfer of Criminal Cases

Chapter XLIII

Irregularities in Proceedings

Chapter XLIV

Miscellaneous

Chapter V

Chapter V—Abetment

Chapter V

Chapter V—Abetment —(Cont.)

Chapter VI

Chapter Vi—Offences Against the State

Chapter VI

Chapter Vi—Offences Against the State—(Cont.)

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces—(Cont.)

Chapter VIII

Chapter Viii—Offences Against Public Tranquility

Chapter VIII

Chapter Viii—Offences Against Public Tranquility—(Cont.)

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants—(Cont.)

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants—(Cont.)

Chapter XI

Chapter Xi—False Evidence and Offences Against Public Justice

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps—(Cont.)

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures—(Cont.)

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience,

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience, Decency

Chapter XV

Chapter Xv—Offences Relating to Religion

Chapter XV

Chapter Xv—Offences Relating to Religion—(Cont.)

Chapter XVI

Chapter Xvi—Offences Affecting the Human Body

Chapter XVII

Chapter Xvii—Offences Against Property

Chapter XVIII

Chapter Xviii—Offences Relating to Documents and to Currency Notes

Chapter XIX

Chapter Xix—Criminal Breach of Contracts of Service

Chapter XX

Chapter Xx—Offences Relating to Marriage

Chapter XX

Chapter Xx—Offences Relating to Marriage—(Cont.)

Chapter XXI

Chapter Xxi—Defamation

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance—(Cont.)

Schedules