EXTRADITION TO AND FROM MALAYSIA
—(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 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.
(2) A warrant so endorsed shall be sufficient authority to the person bringing the warrant, to all other persons to whom the warrant is directed and to all police officers in Singapore to execute the warrant in Singapore in accordance with this Part.
34. A Magistrate may, if a warrant referred to in section 33 authorising the apprehension of a person is not produced to him or he 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 his opinion, justify the issue of the warrant.
—(1) A person who is apprehended under a warrant referred to in section 33 or under a warrant issued under section 34 shall be brought as soon as practicable before a Magistrate.
(2) A Magistrate may remand a person brought before him under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time.
(3) Where a Magistrate remands a person for such a period, the person may, at the expiration of the period, be brought before the Magistrate or before any other Magistrate.
(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 he was apprehended or at the expiration of a period for which he has been remanded under this section, as the case may be.
(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 shall if a reasonable time has elapsed for the endorsement of the warrant —
if the person apprehended is held in custody, order that he be released; or
if he has been admitted to bail, make an order discharging the recognizances upon which he was admitted to bail.
(6) Where —
the person was apprehended under a warrant referred to in section 33; or
the Magistrate shall, 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.
(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 to the country referred to in subsection (6), he may, in lieu of ordering that he be surrendered to Malaysia, by warrant, order that he be held in custody at the place where he is for the time being, or at any other place to which the Magistrate considers that he can be removed without danger to his life or prejudice to his health, until such time as he can without such danger or prejudice be surrendered to Malaysia.
(8) In the case referred to in subsection (7), the warrant shall be in accordance with Form 9 in the Second Schedule with such variations as are necessary to meet the circumstances of the case.
(10) If the person so ordered to be surrendered escapes from the custody of the person executing the warrant, he may be retaken in the same manner as a person accused of an offence against the law in force in Singapore may be retaken upon an escape from lawful custody.
(11) Any property in the possession of the person so ordered to be surrendered at the time of his apprehension that may be material as evidence in proving the offence for which he is being surrendered shall, if the Magistrate so directs, be delivered up with the person on his surrender.
36. If a Magistrate before whom a person is brought under this Part, is satisfied that, by reason of —
the trivial nature of the offence that the person is alleged to have committed or has committed;
the accusation against the person not having been made in good faith or in the interests of justice; or
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 before the expiration of a particular period, the Magistrate may —
order that the person be released;
order that the person be surrendered after the expiration of a period specified in the order and order his release on bail until the expiration of that period; or
make such other order as he thinks just.
—(1) Where —
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 admittance to 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,
the apprehended person or the person bringing the warrant, as the case requires, may apply to the High Court for a review of the order, and the Court may review the order.
(2) The High Court to which an application is made for the review of an order may —
order the release on bail of the apprehended person on such terms and conditions as the Court thinks fit; or
direct that the apprehended person be kept in such custody as the Court directs until the order has been reviewed.
(3) The review of the order shall 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.
(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 High Court may confirm or vary the order, or quash the order and substitute a new order in its stead.
(6) The order as confirmed or varied, or the substituted order, shall be executed according to its tenor as if it had been made by the Magistrate.
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 —
the date of the order; or
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 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 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 in custody, shall, unless reasonable cause is shown for the delay, order that the person so held in custody be released.