Dangerous Drugs (Forfeiture of Property) Act 1988 · s 54

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54.  (1)   Where upon request by a foreign government or a foreign authority under section 43 for the production before

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     Laws of Malaysia                        ACT 340
any authority or court in the foreign country as a witness for the prosecution in any proceedings before such authority or court, of any person who is undergoing imprisonment in
Malaysia, or is under preventive detention in Malaysia under any law relating to preventive detention, or is otherwise in lawful custody in Malaysia, the Malaysian authority may issue an order for the transfer of such person into the custody of such officer or officers of the foreign country as may be designated by the foreign government or foreign authority for the purpose of transporting such person from Malaysia to the foreign country and, thereafter, to be detained in that country under the custody of such authority or person as may be lawful in that country and produced from time to time under custody before the authority or  court in the foreign country in which he is required to attend as a witness.
(2) Immediately upon his further attendance being dispensed with by the authority or court in the foreign country before which his attendance is  required, the person shall be transported in the custody of an officer or officers of the foreign country to Malaysia and returned into the custody of the Malaysian officer or officers having lawful authority to take him into  custody, and he shall, thereafter,  continue  to undergo  the  imprisonment,  detention  or custody  which  he was  undergoing  prior  to  the  transfer  of  his custody under subsection (1).
(3) The period during which such person was under foreign custody under this section shall count towards the period of his imprisonment, detention or other custody in
Malaysia.
(4) No  transfer  of  any  person  into  foreign  custody  shall be effected unless the foreign government gives an undertaking to the Government of  Malaysia to bear and be responsible for all the expenses  of  the  transfer  of  custody,  to  keep  the person  under lawful custody throughout the transfer of his custody, and to return him into  Malaysian custody immediately upon his release from attendance before the authority or court in the foreign country.

Dangerous Drugs (Forfeiture of Property)                77

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s 54

(1)

Where upon request by a foreign government or a foreign authority under section 43 for the production before

Laws of Malaysia ACT 340

any authority or court in the foreign country as a witness for the prosecution in any proceedings before such authority or court, of any person who is undergoing imprisonment in

Malaysia, or is under preventive detention in Malaysia under any law relating to preventive detention, or is otherwise in lawful custody in Malaysia, the Malaysian authority may issue an order for the transfer of such person into the custody of such officer or officers of the foreign country as may be designated by the foreign government or foreign authority for the purpose of transporting such person from Malaysia to the foreign country and, thereafter, to be detained in that country under the custody of such authority or person as may be lawful in that country and produced from time to time under custody before the authority or court in the foreign country in which he is required to attend as a witness.

(2)

Immediately upon his further attendance being dispensed with by the authority or court in the foreign country before which his attendance is required, the person shall be transported in the custody of an officer or officers of the foreign country to Malaysia and returned into the custody of the Malaysian officer or officers having lawful authority to take him into custody, and he shall, thereafter, continue to undergo the imprisonment, detention or custody which he was undergoing prior to the transfer of his custody under subsection (1).

(3)

The period during which such person was under foreign custody under this section shall count towards the period of his imprisonment, detention or other custody in

Malaysia.

(4)

No transfer of any person into foreign custody shall be effected unless the foreign government gives an undertaking to the Government of Malaysia to bear and be responsible for all the expenses of the transfer of custody, to keep the person under lawful custody throughout the transfer of his custody, and to return him into Malaysian custody immediately upon his release from attendance before the authority or court in the foreign country.

Dangerous Drugs (Forfeiture of Property) 77