Eligibility for transfer from Malaysia
(1) A prisoner is eligible for transfer from Malaysia to a prescribed foreign State if the prisoner is a citizen of that State or has community ties with that State.
(2) For the purpose of this section, a prisoner has community ties with a prescribed foreign State if—
(a) the prisoner’s principal place of residence immediately before being sentenced to imprisonment in Malaysia was in the prescribed foreign State;
(b) the prisoner ’s parent, grandparent or child has a principal place of residence in the prescribed foreign State; or
(c) the prisoner is married to anyone whose principal place of residence is in the prescribed foreign State.
Eligibility for transfer to Malaysia
A prisoner is eligible for transfer to Malaysia from a prescribed foreign State under this Act if the prisoner is a citizen of Malaysia.
Conditions for transfer
(1) The conditions for transfer of a prisoner to or from Malaysia are fulfilled if—
(a) the sentence of imprisonment of or the order made upon the finding of guilt imposing a term of imprisonment on the prisoner is not subject to appeal to any court or tribunal;
(b) the acts or omissions constituting the offence on account of which the prisoner is serving the sentence in the sentencing State would, if the acts or omissions had occurred in the State to which transfer is sought, also have constituted an offence in that State unless the Minister and the appropriate authority agree otherwise;
(c) at the time the application for the transfer is made at least six months of the prisoner’s sentence remains to be served, irrespective of whether the prisoner has been released on parole or otherwise, provided that the Minister and the appropriate authority may determine a shorter period;
(d) the Minister and the appropriate authority have given their consent to the transfer;
(e) the consent of the prisoner has been obtained, if such consent is required by the treaty or other agreement between Malaysia and the prescribed foreign State, or any other treaty or agreement to which Malaysia or the prescribed foreign State is a party to; and
(f) any other requirements agreed to between Malaysia and the prescribed foreign State are satisfied including conditions provided in or made under any treaty or agreement between Malaysia and the prescribed foreign State.
(2) For the transfer of a prisoner to or from Malaysia, the Minister may refuse the application for transfer or may not grant his consent to the transfer if—
(a) the prisoner has been sentenced to death;
(b) such transfer would affect the sovereignty, security, public order or other essential public interest of Malaysia;
(c) such transfer of the prisoner would impose an excessive burden on the resources of Malaysia; or
(d) such transfer would require steps to be taken that would be contrary to any written law.
