Section 9
Arrest, custody, etc., of offenders against Malaysian law
Neither section 7 nor section 8 shall affect—
(a)
any powers of arrest, search, entry, seizure or custody exercisable under any law of Malaysia with respect to offences committed or believed to have been committed against that law; or
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(b)
any obligation of any person in respect of a bail bond entered into in consequence of his arrest, or the arrest of any other person, for such an offence; or
(c)
any power of any court to remand (whether on bail or in custody) a person brought before the court in connection with such an offence.
(2)
Where a person to whom this section applies is taken into custody by a police officer for any offence referred to in subsection
(1)
, and is not released, and—
(a)
it is apparent that he has a relevant association with a visiting force of a country to which this section applies, then he shall as soon as practicable thereafter, be delivered or remanded into the custody of a Service authority of that country;
(b)
it is not apparent but there are reasonable grounds for believing that in accordance with section 6 he is subject to the jurisdiction of the Service courts of a country to which this section applies, then with a view of its being determined whether he is to be dealt with for that offence under the law of Malaysia or by the Service courts of that country, as the case may be, he may be detained in custody for a period not exceeding twenty-four hours: but if within that period he is not delivered into the custody of a
Service authority of that country he shall be released on bail or brought before a Magistrate.
(3)
Where a prosecution for an offence alleged to have been committed by a person to whom this section applies is instituted pursuant to subsection 7(1) in any court of Malaysia, such person shall be delivered or remanded into the custody of a Service authority of that country until he is brought to trial by the Malaysian authorities.
(4)
A person detained in custody in accordance with the foregoing provisions of this section shall be deemed to be in lawful custody for all purposes.
(5)
This section applies to—
(a)
members of a visiting force; and
(b)
any other persons who have a relevant association with a visiting force.
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