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Application to Malaysia and definition
32.—(1) This Part applies in relation to Malaysia. (2) In this Part, “offence” means an arrestable offence or an offence punishable on conviction with imprisonment for 6 months or more or any more severe punishment under the law of Malaysia.[Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]
Endorsement of warrants
33.—(1) Where a court, a Judge, a Magistrate or an officer of a court in Malaysia has issued a warrant for the apprehension of a person accused or convicted of an offence against the law of Malaysia and the person is, or is suspected of being, in or on his or her way to Singapore, a Magistrate may, if the warrant is duly authenticated, make an endorsement on the warrant in accordance with Form 7 in the Second Schedule authorising the execution of the warrant in Singapore.[Act 17 of 2022 wef 01/07/2022] (2) A warrant so endorsed is sufficient authority to the person bringing the warrant, to all other persons to whom the warrant is directed and to all authorised officers in Singapore to execute the warrant in Singapore in accordance with this Part.[Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]
Issue of warrants
34. A Magistrate may, if a warrant referred to in section 33 authorising the apprehension of a person is not produced to him or her or he or she requires further information or proof before endorsing such a warrant, issue a warrant in accordance with Form 8 in the Second Schedule for the apprehension of the person upon such information and under such circumstances as, in the Magistrate’s opinion, justify the issue of the warrant.[Act 17 of 2022 wef 01/07/2022]
Proceedings after apprehension of person
35.—(1) A person who is apprehended under a warrant referred to in section 33 or under a warrant issued under section 34 must be brought as soon as practicable before a Magistrate.[Act 17 of 2022 wef 01/07/2022] (2) A Magistrate may remand a person brought before him or her under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time.[Act 17 of 2022 wef 01/07/2022] (3) Where a Magistrate remands a person for such a period, the person must, at the expiration of the period, be brought before the Magistrate or before any other Magistrate.[Act 17 of 2022 wef 01/07/2022] (4) In the application of subsections (5) to (11) in relation to a person who has been apprehended under a warrant referred to in section 33 or under a warrant issued under section 34, “Magistrate” means the Magistrate before whom the person is brought after the person was apprehended or at the expiry of a period for which the person has been remanded under this section, as the case may be.[Act 17 of 2022 wef 01/07/2022] (5) Where the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has not been endorsed, the Magistrate may, and must if a reasonable time has elapsed for the endorsement of the warrant —(a) if the person apprehended is held in custody, order that the person be released; or[Act 17 of 2022 wef 01/07/2022] (b) if the person apprehended has been released on bail, make an order discharging the bonds upon which he or she was released on bail.[Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022] (6) Where —(a) the person was apprehended under a warrant referred to in section 33; or (b) the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has been endorsed, the Magistrate is to, subject to section 36, by warrant in accordance with Form 9 in the Second Schedule, order the person to be surrendered to Malaysia and, for that purpose, to be delivered into the custody of the person bringing that warrant or of any other person to whom that warrant was directed. [Act 17 of 2022 wef 01/07/2022] (7) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to surrender him or her to the country mentioned in subsection (6), the Magistrate may, in lieu of ordering that the person be surrendered to Malaysia, by warrant, order that he or she be held in custody at the place where he or she is for the time being, or at any other place to which the Magistrate considers that the person can be removed without danger to his or her life or prejudice to his or her health, until such time as he or she can without such danger or prejudice be surrendered to Malaysia.[Act 17 of 2022 wef 01/07/2022] (8) In the case referred to in subsection (7), the warrant must be in accordance with Form 9 in the Second Schedule with such variations as are necessary to meet the circumstances of the case.[Act 17 of 2022 wef 01/07/2022] (9) A warrant issued under subsection (6) or (7) may be executed according to its tenor. (10) [Deleted by Act 31 of 2022 wef 01/11/2022] (11) Any property in the possession of the person so ordered to be surrendered at the time of his or her apprehension that may be material as evidence in proving the offence for which he or she is being surrendered must, if the Magistrate so directs, be delivered up with the person on his surrender.[Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]
Restriction on power of Magistrate to order surrender of person
36. If a Magistrate before whom a person is brought under this Part, is satisfied that, by reason of —(a) the trivial nature of the offence that the person is alleged to have committed or has committed; (b) the accusation against the person not having been made in good faith or in the interests of justice; or (c) the passage of time since the offence is alleged to have been committed or was committed, and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the person to Malaysia, or to surrender him or her before the expiration of a particular period, the Magistrate may — (d) order that the person be released; (e) order that the person be surrendered after the expiration of a period specified in the order and order his or her release on bail until the expiration of that period; or[Act 17 of 2022 wef 01/07/2022] (f) make such other order as the Magistrate thinks just.[Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]
Review of order of Magistrate
37.—(1) Where —(a) a person apprehended is dissatisfied with an order made under section 35(6) or (7) or under section 36; or (b) a Magistrate has made, under section 35(7) or under section 36, an order for the release of an apprehended person, or an order for the surrender or release on bail of such a person under the terms of which the person is not, or may not be, required to be surrendered to Malaysia within 3 months after the date of the order,[Act 17 of 2022 wef 01/07/2022] the apprehended person or the person bringing the warrant, as the case requires, may apply to the General Division of the High Court for a review of the order, and the General Division of the High Court may review the order. [40/2019] (2) The General Division of the High Court to which an application is made for the review of an order may —(a) order the release on bail of the apprehended person on such terms and conditions as the General Division of the High Court thinks fit; or (b) direct that the apprehended person be kept in such custody as the General Division of the High Court directs until the order has been reviewed.[40/2019] (3) The review of the order is to be by way of rehearing, and evidence in addition to, or in substitution for, the evidence given on the making of the order may be given on or in connection with the review.[Act 17 of 2022 wef 01/07/2022] (4) For the purposes of a review under this section, a copy of a public document or of a document filed in a department or office of the Government, certified to be a true copy of the document by the person purporting by the certificate to have charge of the document, is admissible as evidence of the facts stated in the copy. (5) Upon the review of an order, the General Division of the High Court may confirm or vary the order, or quash the order and substitute a new order in its stead.[40/2019] (6) The order as confirmed or varied, or the substituted order, must be executed according to its tenor as if it had been made by the Magistrate.[Act 17 of 2022 wef 01/07/2022] [Act 17 of 2022 wef 01/07/2022]
Discharge of person who is not conveyed out of Singapore within one month
38. Where a person who, under this Part, has been ordered to be surrendered to Malaysia is in custody in Singapore at the expiration of one month after —(a) the date of the order; or (b) if the order was made by a Magistrate and an application for a review of the order has been made — the date of the decision of the General Division of the High Court on the review or, where an appeal has been brought from that decision to another court, the date of the decision of the other court, whichever is the later, the General Division of the High Court, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the person holding him or her in custody, is to, unless reasonable cause is shown for the delay, order that the person so held in custody be released. [40/2019] [Act 17 of 2022 wef 01/07/2022]
Person surrendered from Malaysia
39. Where a person accused or convicted of an offence (wherever committed) against the law in force in Singapore is surrendered by Malaysia the person may be delivered to the proper authorities to be dealt with according to law.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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