Section 127A
Liability for offences committed out of Malaysia
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
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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.