Malaysia legislation
Section 129
Section 129
(a)
if the person to be summoned has an agent, authorized to accept service of the summons on his behalf, service on such agent shall be sufficient; or
(b)
if the person to be summoned cannot be found and has no agent authorized to accept service of the summons on his behalf, service on any adult male member (not being a domestic servant) of the family of the person to be summoned who is residing with him shall be sufficient.
(2)
When such summons is addressed to a corporation it may be served—
(a)
by leaving a copy thereof, signed by the Director, at the registered office, if any, of the corporation;
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(b)
by sending such copy by post in a letter addressed to the corporation at its principal office, whether such office be situated within Malaysia or elsewhere; or
(c)
by delivering such copy to any director, secretary or other principal officer of the corporation.
(2A)
When such summons is addressed to a firm, it may be served—
(a)
by leaving a copy thereof, signed by the Director, at the principal place at which the partnership business is carried on;
(b)
by sending such copy by registered post in a letter addressed to the firm at its principal office, whether such office be situated within Malaysia or elsewhere; or
(c)
by delivering such copy to any one or more of the partners in such firm or to any person having, at the time of service, the control or management of the partnership business at the principal place at which the partnership business is carried on within Malaysia.
(3)
When the serving officer delivers or tenders a copy of the summons to the person to be summoned or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons.
(4)
If—
(a)
such person refuses or is unable to sign the acknowledgment; or
(b)
the serving officer cannot find the person to be summoned and there is no agent empowered to accept service of the summons on his behalf nor any other person on whom the service can be made,
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the serving officer shall affix a copy of the summons on the outer door of the house in which the person to be summoned ordinarily resides and then return the original to the Director with a return endorsed thereon, or annexed thereto, stating that he has so affixed the copy and the circumstances under which he did so.
(5)
The serving officer shall, in all cases in which the summons has been served under subsection (3) endorse or annex, or cause to be endorsed or annexed, on or to the original summons a return stating the time when and the manner in which the summons was served.
(6)
When the summons is returned under subsection (4), the
Director shall, if the return under that subsection has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on affirmation touching his proceedings and may make such further inquiry in the matter as he thinks fit, and shall either declare that the summons has been duly served or order such service as he thinks fit.
(7)
When the Director is satisfied that there is reason to believe that the person to be summoned is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Director may order the summons to be served by affixing a copy thereof in some conspicuous place, or near the office of the Director, and also upon some conspicuous part of the house, if any, in which the person to be summoned is known to have last resided, or in such other manner as the Director thinks fit, or may order the substitution of service of notice by advertisement in the
Gazette and in such local newspaper or newspapers as the Director may think fit.
(8)
The service substituted by order of the Director shall be as effectual as if it had been made personally on the person to be summoned.
(9)
Whenever service is substituted by order of the Director, the
Director shall fix such time for the appearance of the person to be summoned as the case may require.
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(10)
Any order or notice in writing made or issued by the Director in the exercise of powers conferred by this Ordinance may be served as if the same were a summons, and the provisions of this section, other than subsection (9), shall apply to the service of any such order or notice.
Incapacity of Director hearing inquiry