Malaysia legislation
Section 7
Section 7
(a)
the Public Prosecutor certifies—
(i)
that the offence is one in relation to which the
Malaysian authorities have the right to exercise exclusive jurisdiction or the primary right to exercise jurisdiction under any treaty, agreement or arrangement to which the Government of Malaysia is a party; and
(ii)
that such authorities have not waived their right of jurisdiction in respect of that offence; or
(b)
the Public Prosecutor certifies that, although the offence is one in respect of which the Service authorities of the visiting force have the primary right to exercise jurisdiction
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under such a treaty, agreement or arrangement, that right has been waived in respect of the offence by such authorities or by the Government of the country to which such visiting force belongs.
(2)
Where a person has been tried by a Service court of a country under the powers referred to in subsection 6(1) duly exercised in accordance with any treaty, agreement or arrangement between
Malaysia and such country, he shall not be tried for the same offence by any court of Malaysia.
(3)
The Yang di-Pertuan Agong may by order direct that subsection
(1)
shall apply in like manner as they apply to members of a visiting force to such other persons or class of persons having a relevant association with a visiting force as he may by such order specify.
(4)
Subject to section 9, a person charged with an offence may, notwithstanding this section, be arrested or a warrant for his arrest may be issued or executed, and any such person may be remanded in custody or on bail notwithstanding that the Public Prosecutor has not given a certificate under subsection (1), but the case shall not be further prosecuted until such a certificate has been given.
Malaysian courts to have regard to sentences of Service courts