Section 77
Succession as to criminal and civil proceedings
of Malaysia Act
Subject to the provisions of this section, neither any transfer or surrender on Malaysia Day of jurisdiction in relation to a Borneo State or Singapore, nor anything contained in this Act, shall affect any person’s liability to be prosecuted and punished for offences committed before Malaysia Day, or any proceedings brought or sentence imposed before that day in respect of any offence; but the powers mentioned in Article 42 of the Constitution
(which relates to pardons, etc.) shall in the Borneo States and
Singapore extend to offences committed and sentences imposed before Malaysia Day.
(2)
In any legal proceedings pending on Malaysia Day (whether civil or criminal) there shall be made such substitution of one party for another as may be necessary to take account of any transfer or surrender on that day of jurisdiction or executive authority in a Borneo State or Singapore or of any transfer under this Act of rights, liabilities or obligations.
(3)
Any appeal brought on or after Malaysia Day against a decision given in any legal proceedings before that day may be brought by or against the party who should, by virtue of subsection (2), have been the appellant or respondent if the proceedings had continued after Malaysia Day; but if it is not so brought, subsection (2)
shall apply to it as it applies to proceedings pending on Malaysia Day.
(4)
Subsection (3) shall apply with the necessary modifications to proceedings for leave to appeal as it applies to an appeal.
Act 26/1963
(5)
The Attorney General shall, on the application of a party to any proceedings, certify whether any, and if so what, substitution of one party for another is to be made by virtue of subsections (2)
to (4) in those proceedings or for the purpose of any appeal arising out of them, and any such certificate shall for purposes of the proceedings or any such appeal, be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.