Preliminary consideration for application for transfer from Malaysia
(1) Where the Minister intends to apply for a transfer of prisoner to a prescribed foreign State—
(a) the Minister shall inform such prescribed foreign State of Malaysia’s intention to apply for transfer of the prisoner to the prescribed foreign State; and
(b) the Minister shall request such prescribed foreign State to indicate its provisional views on the application, including the method by which it is likely that the sentence of imprisonment would be enforced by the prescribed foreign State if, following a formal application for transfer, the prescribed foreign State consents to the transfer.
(2) For the purposes of subsection (1), the Minister may provide the prescribed foreign State with—
(a) details of any request for extradition of the prisoner that has been made under the Extradition Act 1992 [Act 479] or of any expression of interest in extradition made by another State or of any State that, in the opinion of the Minister, may wish to extradite the prisoner; or
(b) any other information the Minister considers may assist the prescribed foreign State in giving its provisional views on the proposed transfer.
Application for transfer from Malaysia
(1) An application for transfer of a prisoner from Malaysia may be made—
(a) by the Minister to the appropriate authority of the prescribed foreign State; or
(b) by the appropriate authority of the prescribed foreign State to the Minister.
(2) The application for transfer under subsection (1) shall be made in writing.
(3) Every application for transfer under this section shall be accompanied by—
(a) such documents as may be agreed by Malaysia and the prescribed foreign State for that purpose; and
(b) any other documents or information which may be considered relevant to the application and that may appropriately be provided.
(4) The Minister may notify the prisoner or the prisoner’s representative of the arrangement for transfer.
Warrant for transfer from Malaysia
(1) The Minister may, if a prisoner is eligible for transfer under subsection 5(1) and the transfer conditions under section 7 are fulfilled, issue a warrant for transfer in the form as prescribed by the Minister authorizing the transfer of the prisoner from Malaysia to the prescribed foreign State.
(2) The Minister shall cause a copy of the warrant for transfer from Malaysia to be served on the Commissioner General of Prison.
(3) When issuing a warrant for transfer from Malaysia, the Minister shall have regard as to whether or not the prisoner is the subject of any extradition request.
(4) A warrant for transfer from Malaysia shall be deemed to be sufficient authority for the Commissioner General of Prison to deliver such prisoner to any appropriate authority to receive such prisoner.
(5) A warrant for transfer from Malaysia authorizes the prisoner from Malaysia to continue serving the sentence of imprisonment or the order of confinement in a prison in the prescribed foreign State in accordance with the treaty or other agreement between Malaysia and the prescribed foreign State.
(6) If the prisoner is released on parole, the warrant for transfer from Malaysia—
(a) shall specify any approval, authorization, permission or variation to the parole or other order that has been made under the laws of Malaysia; and
(b) shall specify any procedure for the transfer of the prisoner to the prescribed foreign State that has been agreed upon with the prescribed foreign State and the necessary authorizations and directions.
(7) The effect of the issuance of a warrant for transfer from Malaysia is to suspend enforcement of the sentence of imprisonment or the order of confinement in a prison in Malaysia.
