Schedule SCHEDULESupplementary
[Section 46] FORM A [Section 3] SPECIAL DIRECTION OF THE MINISTER WHEREAS .................................... has made a request for the extradition thereto of.............................. of ............................... accused/convicted* of the commission of the offence of ............................... within the jurisdiction of .............................. NOW, THEREFORE , in the exercise of the powers conferred upon me by virtue of section 3 of the Extradition Act 1992, I ....................................... the Minister of Home Affairs, do hereby direct that the provisions of the said Act be applied in relation to the extradition of that particular fugitive criminal, namely ............................. as if there is in force in respect of ............................. an order made under section 2 of the said Act. Given under the hand and seal of the undersigned Minister this ................ day of .............................. 20 .............................. (L.S.) ........................................ Minister *Delete whichever is not applicable. FORM B [Section 12] ORDER OF THE MINISTER TO A MAGISTRATE To ........................................... , a Magistrate of the First Class WHEREAS a requisition has been made to me, under section 12 of the Extradition Act 1992 by ........................................................ , the Diplomatic Representative of ...................................... for the return of ...................................... , of ........................ accused/convicted* of the commission of the offence of ...................................... within the jurisdiction of ..................................................... NOW, THEREFORE, I hereby by this Order under my hand and seal signify to you that such requisition had been made and require you to issue your warrant for the apprehension of such fugitive, provided that the conditions of the Extradition Act 1992 relating to the issue of such warrant are, in your judgement, complied with. Given under the hand and seal of the undersigned Minister this ……… day of ..................... 20 ................ (L.S.) .............................. Minister *Delete whichever is not applicable. FORM C [Paragraph 13(1)(a)] WARRANT OF APPREHENSION BY ORDER OF THE MINISTER To the Inspector General of the Royal Malaysia Police and all other police officers in Malaysia WHEREAS the Minister has by Order under his hand and seal signified to me that requisition has been duly made to him for the surrender of ....................................... of ............................................... accused/convicted* of the commission of the offence of ................................ within the jurisdiction of ............................................ This is therefore to command you forthwith to apprehend the said .............................. pursuant to the Extradition Act 1992 wherever he may be found in Malaysia and to bring him before me or some other Magistrate of the First Class to be further dealt with in accordance with the provisions of the said Act, for which this shall be your warrant. Given under my hand and seal at .................... this .......... day of ......... 20 ……… (L.S.) ..................................................... Magistrate of the First Class *Delete whichever is not applicable. FORM D [Paragraph 13(1)(b)] WARRANT OF APPREHENSION WITHOUT ORDER OF THE MINISTER To the Inspector General of the Royal Malaysia Police and all other police officers in Malaysia WHEREAS it has been shown to the undersigned, a Magistrate of the First Class, that ........................... of ............................ accused/convicted* of the commission of the offence of ...........................within the jurisdiction of ............................................. This is therefore to command you forthwith to apprehend the said ........................... pursuant to the Extradition Act 1992, wherever he may be found in Malaysia, and to bring him before me or some other Magistrate of the First Class to be further dealt with in accordance with the provisions of the said Act, for which this shall be your warrant. Given under my hand and seal at ...................... this ......... day of ........ 20 ........... (L.S.) ....................................................... Magistrate of the First Class *Delete whichever is not applicable. FORM E [Section 19] WARRANT OF COMMITTAL To ........................................... (Police Officer) and to the Officer in Charge of the Prison at ....................................... WHEREAS on this ................ day of .............. 20............ of............................. is brought before me, a Sessions Court Judge, in pursuance of a requisition made by the Government of ......................... , on the ground of his being accused/convicted* of the commission of the offence of ...................................... within the jurisdiction of ........................ AND WHEREAS a prima facie case has been made out in support of the requisition made by the Government of .............................. NOW THEREFORE I, .............................. , the undersigned, do command you, the said Police Officer, forthwith to convey and deliver the said .............................. into the custody of the Officer in Charge of the Prison at .............................. and you, the said Officer in Charge of the Prison, to receive the said .............................. into custody and to keep him there safely until he is delivered pursuant to the provisions of the Extradition Act 1992, for which this shall be your warrant. Given under my hand and seal at .............................. this .............................. day of ....................... 20 ..................... (L.S.) ............................................... Sessions Court Judge *Delete whichever is not applicable. FORM F [Section 20] WARRANT OF COMMITTAL To .............................. (Police Officer) and to the Officer in Charge of the Prison at ……….................................... WHEREAS on this ..................... day of ............. 20 ................. , ................. of ...................... is brought before me, ............................ a Sessions Court Judge, in pursuance of a request for his extradition made by the Government of .................................. on the ground of his being accused/convicted* of the commission of the offence of .............................. within the jurisdiction of .............................. AND WHEREAS I am satisfied after hearing representations made in support of the extradition request that the offence of .............................. is an extradition offence. NOW, THEREFORE, I certify that the conduct which constitutes the offence of .............................. does constitute the offence of .............................. against the law of Malaysia. AND, THEREFORE, I command you, the said Police Officer, forthwith to convey and deliver the said .............................. into the custody of the Officer in Charge of the Prison at .............................. and you, the said Officer in Charge of the Prison, to receive the said .............................. into custody and to keep him there safely until he is delivered pursuant to the provisions of the Extradition Act 1992, for which this shall be your warrant. Given under my hand and seal at .............................. this .................. day of .................... 20 ..................... (L.S.) ............................................... Sessions Court Judge *Delete whichever is not applicable. FORM G [Section 21 and Subsection 22(3)] WARRANT/TEMPORARY SURRENDER WARRANT OF THE MINISTER FOR RETURN OF FUGITIVE CRIMINAL To the Officer in Charge of the Prison at .............................................. and to ..............................… (Police Officer) WHEREAS a requisition had been made to me under section 12/29* of the Extradition Act 1992 by ................................., the Diplomatic Representative of .................................... for the return/temporary return* of ......................................... accused/convicted* of the commission of the offence of .................................... within the jurisdiction of .............................. AND WHEREAS .................................. was delivered into the custody of the Officer in Charge of the Prison at .............................. by warrant dated .............................. pursuant to the Extradition Act 1992. NOW, THEREFORE, I do hereby, in pursuance of the said Act, order you, the said Officer in Charge of the Prison, to deliver the said .............................. into the custody of the said .............................. and I command you, the said .............................. , to receive the said .............................. into your custody and to convey him to .............................. and there place him in the custody of .............................. who in my opinion has been duly appointed by the authorities of .............................. to receive him, for which this shall be your warrant. Given under the hand and seal of the undersigned Minister this .................... day of .................... 20 ................. (L.S.) ................................... Minister *Delete whichever is not applicable. FORM H [Subection 22(2)] WARRANT OF COMMITTAL WHERE FUGITIVE CRIMINAL CONSENTS TO WAIVER OF THE COMMITTAL PROCEEDINGS To .............................. (Police Officer) and to the Officer in Charge of the Prison at .............................. WHEREAS on this .................... day of ...................... 20 ...................... , of .............................. is brought before me, a Sessions Court Judge, in pursuance of a requisition made by the Government of .............................. on the ground of his being accused/convicted* of the commission of the offence of .............................. within the jurisdiction of .............................. AND WHEREAS .............................. , after having been advised in accordance with the provisions of paragraph 22(1)(b) of the Extradition Act 1992, consents to the waiver of the committal proceedings. This is, therefore, to command you, the said Police Officer, forthwith to convey and deliver the said .............................. into the custody of the Officer in Charge of the Prison at .............................. and you, the said Officer in Charge of the Prison, to receive the said .............................. into custody and to keep him there safely until he is delivered pursuant to the provisions of the said Act, for which this shall be your warrant. Given under my hand and seal at .............................. this .............................. day of .............................. 20 .............................. (L.S.) .................................................. Magistrate of the First Class *Delete whichever is not applicable. FORM I [Subsection 29(4)] ORDER OF THE MINISTER TO PRODUCE FUGITIVE CRIMINAL To the Officer in Charge of the Prison at .............................. WHEREAS ................... was convicted by the ..................... Court ......................... on ................................. day of ................................. 20 ............................... for the commission of the offence of ................................ and is now serving a sentence of .............................. at .............................. Prison. AND WHEREAS a requisition has been made to me, under section 29 of the Extradition Act 1992, by .............................. , the Diplomatic Representative of .............................................. for the temporary return of ....................................... of ......................................... accused/convicted* of the commission of the offence of .............................. within the jurisdiction of .............................. NOW, THEREFORE, I by this Order under my hand and seal require you to produce the .............................. before the .............................. Sessions Court for an inquiry under section 19 of the Act. Given under the hand and seal of the undersigned Minister this .............................. day of .............................. 20 .............................. (L.S.) .............................. Minister *Delete whichever is not applicable. FORM J [Subsection 31(1)] WARRANT OF THE MINISTER FOR RETURN OF FUGITIVE To the Officer in Charge of the Prison at .............................. and to .............................. (Police Officer) WHEREAS ................................. of ........................................ convicted of the commission of the offence of ................. within the jurisdiction of .............................. and sentenced to .............................. was returned vide a temporary surrender warrant under section .............................. of the Extradition Act 1992, dated .............................. AND WHEREAS .............................. was returned by .............................. to Malaysia on .............................. day of ..................... 20 ......................... in pursuance of an undertaking given by ...................... under subsection 29(2) of the said Act. AND WHEREAS the term of imprisonment of .............................. in Malaysia is to expire on .............................. day of .............................. 20 .............................. and whereas .............................. still seeks his return to .............................. NOW, THEREFORE, I do hereby, in pursuance of the said Act, order you, the said Officer in Charge of the Prison, to deliver the said .............................. into the custody of the said ............................. on .............................. day of .............................. 20 .............................. , and I command you, the said .............................. , to receive the said .............................. into your custody and to convey him to .............................. and there place him in the custody of any person or persons appointed by the authorities of .............................. to receive him, for which this shall be your warrant. Given under the hand and seal of the undersigned Minister this .............................. day of .................... 20 .................. (L.S.) .............................. Minister *Delete whichever is not applicable. FORM K [Section 41] AUTHORIZATION TO APPEAR ON BEHALF OF THE PUBLIC PROSECUTOR WHEREAS ........................... has made a request for the extradition thereto of ........................ of ............... accused/convicted* of the commission of the offence of ......................... on ................... within the jurisdiction of .............................. NOW, THEREFORE, in exercise of the powers conferred upon me by virtue of section 41 of the Extradition Act 1992, I, .............................. the Public Prosecutor, do hereby authorize .............................. to appear on my behalf in .............................. (proceeding under this Act) for .............................. (period). Given under my hand and seal at ..................... this .................... day of ................... 20 ................. (L.S.) ......................................... Public Prosecutor *Delete whichever is not applicable. FORM L [Section 50] ORDER OF THE MINISTER REQUIRING THE TAKING OF EVIDENCE To .............................. , a Magistrate of the First Class. WHEREAS a request has been made by .............................. that evidence be taken in Malaysia for the purpose of .............................. NOW, THEREFORE, in exercise of the powers conferred upon me by virtue of section 50 of the Extradition Act 1992, I .............................. , the Minister of Home Affairs, by this Order require you to take the above-mentioned evidence in accordance with the said section of the said Act. Given under the hand and seal of the undersigned Minister this ................. day of ............... 20 ...................... (L.S.) .............................. Minister FORM M [Section 52] ORDER OF THE MINISTER AUTHORIZING THE TAKING OF EVIDENCE To .............................. , a Magistrate of the First Class WHEREAS a warrant has been issued in Malaysia for the apprehension of ........................................ accused/convicted* of the commission of the offence of .............................. AND WHEREAS the said .............................. is or is suspected of being within the jurisdiction of .............................. NOW, THEREFORE, in exercise of the powers conferred upon me by virtue of section 52 of the Extradition Act 1992, I .............................. the Minister of Home Affairs, by this Order authorize you to take in accordance with the said section such evidence in Malaysia as is produced to you for transmission to .............................. for use in any proceedings in .............................. for the extradition of that person to Malaysia. Given under the hand and seal of the undersigned Minister this .............................. day of .............................. 20 .............................. (L.S.) .............................. Minister *Delete whichever is not applicable. LAWS OF MALAYSIA EXTRADITION ACT 1992