MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2002
(1) This Act may be cited as the Mutual Assistance in Criminal Matters Act 2002 .
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette .
(1) In this Act, unless the context otherwise requires-
"Bank" means the Central Bank of Malaysia established by the Central Bank of Malaysia Act 1958 [Act 519] ;
"material" includes any book, document or other record in any form, and any container or article relating to it;
"thing" includes material;
" items subject to legal privilege" means-
(a) communications between an advocate and solicitor and his client or any person representing his client made in connection with the giving of legal advice to the client;
(b) communications between an advocate and solicitor and his client or any person representing his client, or between such an advocate and solicitor or his client or any such representative and any other person, made in connection with, or in contemplation of, judicial proceedings and fo
3 PART I PRELIMINARY-3. Object of Act.
The object of this Act is for Malaysia to provide and obtain international assistance in criminal matters, including-
(a) providing and obtaining of evidence and things;
(b) the making of arrangements for persons to give evidence, or to assist in criminal investigations;
(c) the recovery, forfeiture or confiscation of property in respect of a serious offence or a foreign serious offence;
(d) the restraining of dealings in property, or the freezing of property, that may be recovered in respect of a serious offence or a foreign serious offence;
(e) the execution of requests for search and seizure;
(f) the location and identification of witnesses and suspects;
(g) the service of process;
(h) the identification or tracing of proceeds of crime and property and instrumentalities derived from or used in the commi
4 PART I PRELIMINARY-4. Act does not limit cooperation with international organisations, etc.
(1) This Act does not prevent the provision or obtaining of international assistance in criminal matters to or from the International Criminal Police Organisation (INTERPOL) or any other international organisation.
(2) This Act does not prevent the provision or obtaining of international assistance in criminal matters to or from any foreign State other than assistance of a kind that may be provided or obtained under this Act.
(3) This Act does not prevent the provision or obtaining of international assistance in criminal matters under any other written law.
5 PART I PRELIMINARY-5. Act not authority for extradition of person.
This Act does not authorise the extradition, or the arrest or detention with a view to the extradition, of any person.
6 PART II REQUEST BY MALAYSIA-6. Application of this Part.
A request for assistance under this Part may be made to any foreign State.
7 PART II REQUEST BY MALAYSIA-7. Request to be made by or through Attorney General.
(1) A request by Malaysia to a foreign State for assistance in a criminal matter under this Part shall be made by or through the Attorney General.
(2) A request under subsection (1) shall be made through the diplomatic channel.
8 PART II REQUEST BY MALAYSIA-8. Request for taking of evidence, etc.
(1) The Attorney General may, if he is satisfied that there are reasonable grounds for believing that any evidence would be relevant to any criminal proceedings in Malaysia, request the appropriate authority of a foreign State to arrange for-
(a) such evidence to be taken in the foreign State; and
(b) the evidence to be sent to him.
(2) The Attorney General may, if he is satisfied that there are reasonable grounds for believing that any thing would be relevant to a criminal matter in Malaysia, request the appropriate authority of a foreign State-
(a) to assist in obtaining, by search and seizure if necessary, such thing in the foreign State or a photograph or copy of the thing; and
(b) to arrange for the thing or the photograph or copy of the thing to be sent to him.
(3) Any evidence or thing, or photograph or copy o
9 PART II REQUEST BY MALAYSIA-9. Request for attendance of person in Malaysia.
(1) The Attorney General may request the appropriate authority of a foreign State to assist in arranging for the attendance in Malaysia of a person in the foreign State for the purpose of giving any evidence or assistance if he is satisfied that-
(a) there are reasonable grounds to believe that the person is capable of giving such evidence or assistance relevant to a criminal matter involving a serious offence; and
(b) the person consents to travel to Malaysia for the purpose of giving such evidence or assistance.
(2) The Attorney General may make arrangements with the appropriate authority of the foreign State for the purpose of the attendance of that person in Malaysia, his return to the foreign State and other relevant matters.
10 PART II REQUEST BY MALAYSIA-10. Penalty not to be imposed for refusal to consent.
Where, pursuant to section 9, the Attorney General requests the assistance of the appropriate authority of a foreign State in arranging the attendance in Malaysia of any person, that person shall not be subjected to any penalty or liability or otherwise prejudiced in law by reason only of his refusal or failure to consent to attend as requested.
11 PART II REQUEST BY MALAYSIA-11. Immunities and privileges.
(1) A person who is in Malaysia pursuant to a request made under section 9 shall not-
(a) be detained, prosecuted or punished in Malaysia for any offence that is alleged to have been committed, or that was committed, before his departure from the foreign State concerned pursuant to the request;
(b) be subjected to any civil suit in respect of any act or omission that is alleged to have occurred, or that had occurred, before his departure from the foreign State pursuant to the request; or
(c) be required to give evidence or assistance in relation to any criminal matter in Malaysia other than the criminal matter to which the request relates.
(2) Subsection (1) ceases to apply if-
(a) the person has left Malaysia; or
(b) the person has had the opportunity of leaving Malaysia and has remained in Malaysia otherwise than for-
12 PART II REQUEST BY MALAYSIA-12. Limitation on use of statement.
Where a person is in Malaysia pursuant to a request made under section 9 and that person has made a statement in relation to the criminal matter to which the request relates or in relation to a criminal matter certified by the Attorney General under subparagraph 11(2) (b) (ii), that statement-
(a) shall not be admitted or otherwise used in any prosecution of the person for an offence against the laws of Malaysia (other than for the offence of perjury or contempt of court in relation to the giving of that evidence) unless the appropriate authority of the foreign State concerned consents to it being so used; and
(b) may be admitted or used against him in any criminal proceedings in Malaysia-
(i) for the purpose of impeaching his credibility; or
(ii) as evidence of any fact stated in that statement, of which direct oral evidence by him would be admissible,
13 PART II REQUEST BY MALAYSIA-13. Request for enforcement of forfeiture order.
(1) The Attorney General may, if he is satisfied that there are reasonable grounds for believing that some or all of the property concerned is located in a foreign State, request the appropriate authority of that foreign State to make arrangements-
(a) for the enforcement and satisfaction of a forfeiture order; or
(b) where a forfeiture order may be made in criminal proceedings which have been or are to be instituted in Malaysia, to restrain dealing in any property against which the order may be enforced or which may be available to satisfy the order.
(2) A certificate purporting to be issued by or on behalf of the appropriate authority of a foreign State stating-
(a) that property has been recovered in the foreign State pursuant to a request under subsection (1);
(b) the value of the property; or
(c) the date on which th
14 PART II REQUEST BY MALAYSIA-14. Assistance in locating or identifying persons.
Where the Attorney General is satisfied that there are reasonable grounds for believing that there is, in any foreign State, a person who-
(a) is or might be concerned in or affected by; or
(b) could give evidence or assistance relevant to,
any criminal matter in Malaysia, the Attorney General may request the appropriate authority of that foreign State to assist in locating, or, if the person's identity is unknown, in identifying and locating, that person.
15 PART II REQUEST BY MALAYSIA-15. Assistance in service of process.
(1) The Attorney General may request the appropriate authority of a foreign State to assist in effecting service of any process where the Attorney General is satisfied that for the purposes of or in connection with any criminal matter in Malaysia, it is necessary or desirable to serve that process on a person or an authority in that foreign State.
(2) This section shall be without prejudice to the Summonses and Warrants (Special Provisions) Act 1971 [Act 25] .
16 PART III REQUEST TO MALAYSIA-16. Application of this Part.
Unless otherwise stated in this Part, assistance under this Part may be provided to a prescribed foreign State.
17 PART III REQUEST TO MALAYSIA-17. Prescribed foreign State.
(1) The Minister may, for the purposes of this Part, by order declare a foreign State to be a prescribed foreign State if there is in force a treaty or other agreement between Malaysia and that foreign State under which that foreign State has agreed to provide assistance in criminal matters to Malaysia.
(2) An order under subsection (1) may provide that the provisions of this Part shall apply to the foreign State subject to such restrictions, limitations, exceptions, modifications, adaptations, conditions or qualifications as are specified in the order, and in that event the provisions of this Part shall apply accordingly.
(3) An order made under subsection (1) shall be conclusive evidence that the arrangement referred to in the order complies with this Act, and that this Act applies in the case of the foreign State referred to in the order, and the validity of the order shall not be questioned in any legal proceedings.
(4) The
18 PART III REQUEST TO MALAYSIA-18. Special direction of Minister.
If a foreign State in respect of which no order has been made under section 17 makes a request for mutual assistance in a criminal matter under this Act, the Minister may, on the recommendation of the Attorney General, give a special direction in writing that this Act shall apply to that foreign State in relation to the requested mutual assistance subject to any restriction, limitation, exception, modification, adaptation, condition or qualification contained in the direction.
19 PART III REQUEST TO MALAYSIA-19. Request to be made to Attorney General.
(1) A request by a prescribed foreign State to Malaysia for assistance in a criminal matter under this Part shall be made to the Attorney General.
(2) A request under subsection (1) shall be made through the diplomatic channel.
(3) Every request shall-
(a) specify the purpose of the request and the nature of the assistance being sought;
(b) identify the person or authority that initiated the request; and
(c) be accompanied by-
(i) a certificate from the appropriate authority of that prescribed foreign State that the request is made in respect of a criminal matter within the meaning of this Act;
(ii) a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;
(iii) where the request relates to-
(A) the location of a person who is suspected to be involved in or to have be
20 PART III REQUEST TO MALAYSIA-20. Refusal of assistance.
(1) A request by a prescribed foreign State for assistance under this Part shall be refused if, in the opinion of the Attorney General-
(a) the appropriate authority of that prescribed foreign State has, in respect of that request, failed to comply with the terms of any treaty or other agreement between Malaysia and that prescribed foreign State;
(b) the request relates to the investigation, prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political nature;
(c) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission that, if it had occurred in Malaysia, would have constituted a military offence under the laws of Malaysia which is not also an offence under the ordinary criminal law of Malaysia;
21 PART III REQUEST TO MALAYSIA-21. Exceptions to political offences.
(1) For the purposes of paragraph 20(1) (b) , the following offences shall not be held to be offences of a political nature:
(a) an offence against the life or person of a Head of State or a member of the immediate family of a Head of State;
(b) an offence against the life or person of a Head of Government, or of a Minister of a Government;
(c) an offence established under any multilateral international treaty to which Malaysia and the prescribed foreign State are parties and which is declared in the multilateral treaty concerned not to be regarded as an offence of a political nature for the purposes of mutual assistance in criminal matters;
(d) any other offence declared by the Minister by order published in the Gazette ; and
(e) any attempt, abetment or conspiracy to commit any of the offences referred to in paragraphs (a) to
22 PART III REQUEST TO MALAYSIA-22. Taking of evidence for criminal proceedings.
(1) Where a request is made by the appropriate authority of a prescribed foreign State that evidence be taken in Malaysia for the purpose of any criminal proceedings pending in a court in the prescribed foreign State, the Attorney General may, subject to such conditions as the Attorney General may specify, authorise the taking of such evidence.
(2) If the Attorney General authorises the taking of the evidence under subsection (1), a Sessions Court Judge shall-
(a) take the evidence on oath of each witness appearing before him to give evidence in relation to the criminal matter as if the witness were giving evidence on a charge against a person for an offence against the laws of Malaysia;
(b) cause the evidence to be reduced into writing and certify at the end of that writing that the evidence was taken by him; and
(c) cause the evidence so certified to be sent to the Attorney Gener
23 PART III REQUEST TO MALAYSIA-23. Production order for criminal matters.
(1) Where a request is made by the appropriate authority of a prescribed foreign State that any particular thing or description of a thing in Malaysia be produced for the purpose of any criminal matter in that prescribed foreign State, the Attorney General or a person duly appointed by him may apply to the court for an order under subsection (3).
(2) An application for an order under subsection (3) in relation to any thing in the possession of a financial institution shall be made only to the High Court.
(3) If, on such an application, the court is satisfied that the conditions referred to in subsection (4) are fulfilled, it may make an order that the person who appears to the court to be in possession of the thing to which the application relates shall-
(a) produce the thing to an authorised officer for him to take away; or
(b) give an authorised officer access to the thing,
24 PART III REQUEST TO MALAYSIA-24. Supplementary provisions regarding production order.
(1) Where a court orders a person under section 23 to give an authorised officer access to any thing on any premises, the court may, on the same or subsequent application of an authorised officer, order any person who appears to it to be entitled to grant entry to the premises to allow an authorised officer to enter the premises to obtain access to the thing.
(2) Where any material to which an order under section 23 relates consists of information contained in or accessible by means of any data equipment-
(a) an order under paragraph 23(3) (a) shall have effect as an order to produce the material in a form which can be taken away and which is visible, legible and comprehensible; and
(b) an order under paragraph 23(3) (b) shall have effect as an order to give access to the material in a form which is visible, legible and comprehensible.
(3) A person is not excus
25 PART III REQUEST TO MALAYSIA-25. Immunities in compliance of production order.
(1) No civil or criminal action, other than a criminal action for an offence under section 26, shall lie against any person for-
(a) producing or giving access to any thing if he had produced or given access to the thing in good faith in compliance with an order made against him under section 23; or
(b) doing or omitting to do any act if he had done or omitted to do the act in good faith and as a result of complying with such an order.
(2) A person who complies with an order made under section 23 shall not be treated as being in breach of any restriction upon the disclosure of information or thing imposed by law, contract or rules of professional conduct.
26 PART III REQUEST TO MALAYSIA-26. Failure to comply with production order.
Any person who-
(a) without reasonable excuse contravenes or fails to comply with an order under section 23; or
(b) in purported compliance with such an order, produces or makes available to an authorised officer any material known to the person to be false or misleading in a material particular without-
(i) indicating to the authorised officer that the material is false or misleading and the part of the material that is false or misleading; or
(ii) providing correct information to the authorised officer if the person is in possession of, or can reasonably acquire, the correct information,
commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
27 PART III REQUEST TO MALAYSIA-27. Request for attendance of person in prescribed foreign State.
(1) The appropriate authority of a prescribed foreign State may request the Attorney General to assist in arranging the attendance in that prescribed foreign State of a person in Malaysia for the purpose of giving evidence or assistance in relation to a criminal matter in that prescribed foreign State.
(2) The Attorney General may assist in making arrangements for the travel of the person to the prescribed foreign State pursuant to a request referred to in subsection (1) if the Attorney General is satisfied that-
(a) the request relates to a criminal matter in the prescribed foreign State involving a foreign serious offence;
(b) there are reasonable grounds to believe that the person concerned is capable of giving evidence or assistance relevant to the criminal matter;
(c) the person concerned has freely consented to attend as requested; and
(d) the appropriate aut
28 PART III REQUEST TO MALAYSIA-28. Request for attendance of prisoner or person under detention.
(1) Where a request by the appropriate authority of a prescribed foreign State under section 27 relates to-
(a) a prisoner within the meaning of section 2 of the Prison Act 1995 [Act 537] ; or
(b) a person under detention in a prescribed institution,
the Attorney General may assist in arranging the transfer of such person into the custody of an officer of the prescribed foreign State for the purpose of transporting such person from Malaysia to the prescribed foreign State and, after that, to be detained in that prescribed foreign State under the custody of such authority as may be lawful in that prescribed foreign State and produced from time to time under custody before the appropriate authority or court in the prescribed foreign State before which he is required to attend as a witness.
(2) Immediately upon his further attendance being dispensed with by the appropriat
29 PART III REQUEST TO MALAYSIA-29. Custody of person in transit.
(1) A person who is in custody in a prescribed foreign State and has consented to give evidence or assistance in relation to a criminal matter in another prescribed foreign State may be transported through Malaysia, in the custody of another person, to that other prescribed foreign State, if the first-mentioned prescribed foreign State gives prior notice of this to the Attorney General.
(2) The person being transported through Malaysia in custody may, if an aircraft, vessel or train by which the person is being transported lands or calls or stops in Malaysia, be kept in the custody of such authorised officer as the Attorney General directs in writing until his transportation is continued.
(3) Where-
(a) a person is being held in custody pursuant to a direction under subsection (2); and
(b) the person's transportation is not, in the opinion of the Attorney General, continued within a reasona
30 PART III REQUEST TO MALAYSIA-30. Escape from custody while in transit.
(1) Any person who, being a person held in custody pursuant to a direction under subsection 29(2), escapes from such custody commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) Any authorised officer may, without warrant, arrest a person if the authorised officer has reasonable grounds to believe that the person is a person referred to in subsection (1).
(3) A person who has been arrested under this section shall be returned to custody in accordance with this Act.
31 PART III REQUEST TO MALAYSIA-31. Request for enforcement of foreign forfeiture order.
(1) The appropriate authority of a prescribed foreign State may request the Attorney General-
(a) to assist in the enforcement and satisfaction of a foreign forfeiture order made in any judicial proceedings instituted in that prescribed foreign State against property that is reasonably believed to be located in Malaysia; or
(b) where a foreign forfeiture order may be made in judicial proceedings which have been or are to be instituted in that prescribed foreign State, to assist in the restraining of dealing in any property that is reasonably believed to be located in Malaysia and against which the order may be enforced or which may be available to satisfy the order.
(2) On receipt of a request referred to in subsection (1), the Attorney General may-
(a) in the case of paragraph (1) (a) , act or authorise the taking of action under section 32 and th
32 PART III REQUEST TO MALAYSIA-32. Registration of foreign forfeiture order.
(1) The Attorney General or a person authorised by him may apply to the High Court for the registration of a foreign forfeiture order.
(2) The High Court may, on an application referred to in subsection (1), register the foreign forfeiture order if it is satisfied-
(a) that the order is in force and not subject to further appeal in the prescribed foreign State;
(b) where a person affected by the order did not appear in the proceedings in the prescribed foreign State, that the person had received notice of such proceedings in sufficient time to enable him to defend those proceedings; and
(c) that enforcing the order in Malaysia would not be contrary to the interests of justice.
(3) For the purpose of subsection (2), the High Court shall take into consideration a certificate referred to in section 34 if tendered.
(4) The High Court shall revoke the regis
33 PART III REQUEST TO MALAYSIA-33. Proof of orders, etc. of prescribed foreign State.
(1) For the purposes of sections 31 and 32 and the regulations made pursuant to section 44-
(a) any order made or judgment given by a court of a prescribed foreign State purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or to have been signed by that person, as the case may be; and
(b) a document, duly authenticated, that purports to be a copy of any order made or judgment given by a court of a prescribed foreign State shall be deemed without further proof to be a true copy.
(2) A document is duly authenticated for the purpose of paragraph (1) (b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of that prescribed
34 PART III REQUEST TO MALAYSIA-34. Evidence in relation to proceedings and orders in prescribed foreign State.
(1) For the purposes of sections 31 and 32 and the regulations made pursuant to section 44, a certificate purporting to be issued by or on behalf of the appropriate authority of a prescribed foreign State stating that-
(a) judicial proceedings have been instituted and have not been concluded, or that judicial proceedings are to be instituted, in that prescribed foreign State;
(b) a foreign forfeiture order is in force and is not subject to appeal;
(c) all or a certain amount of the sum payable under a foreign forfeiture order remains unpaid in that prescribed foreign State, or that other property recoverable under a foreign forfeiture order remains unrecovered in that prescribed foreign State;
(d) a person has been notified of any judicial proceedings in accordance with the law of that prescribed foreign State; or
(e) an order, however described, made by a
35 PART III REQUEST TO MALAYSIA-35. Request for search and seizure.
(1) The Attorney General may, on the request of the appropriate authority of a prescribed foreign State, assist in obtaining any thing by search or seizure.
(2) Where, on receipt of a request referred to in subsection (1), the Attorney General is satisfied that-
(a) the request relates to a criminal matter in that prescribed foreign State in respect of a foreign serious offence; and
(b) there are reasonable grounds for believing that the thing to which the request relates is relevant to the criminal matter and is located in Malaysia,
the Attorney General, or an authorised officer directed by him, may apply to the court for a warrant under section 36 in respect of premises specified by the Attorney General.
(3) An application for a warrant referred to in section 36 in respect of any thing in the possession of a financial institution shall be made to the High Court.
36 PART III REQUEST TO MALAYSIA-36. Search warrant.
(1) On an application referred to in section 35, the court may issue a warrant authorising an authorised officer to enter and search the premises specified by the Attorney General if the court is satisfied that-
(a) an order made under section 23 in relation to any thing on the premises has not been complied with; or
(b) the conditions in subsection (2) are fulfilled.
(2) The conditions referred to in paragraph (1) (b) are-
(a) that there are reasonable grounds for suspecting that a person specified in the request has committed or has benefited from a foreign serious offence;
(b) that there are reasonable grounds for believing that the thing to which the application relates-
(i) is likely to be of substantial value, whether by itself or together with another thing, to the criminal matter in respect of which the application
37 PART III REQUEST TO MALAYSIA-37. Additional powers of person executing search warrant, etc.
(1) Where an authorised officer has entered premises in the execution of a warrant issued under section 36, he may seize and retain any thing that is specified in the warrant, other than items subject to legal privilege.
(2) An authorised officer may photograph or make a copy of any thing seized under subsection (1).
(3) Where an authorised officer seizes any thing or takes a photograph or makes a copy of any thing under a warrant, he shall inform the Attorney General and shall, unless the Attorney General otherwise directs, immediately send the thing or the photograph or copy of the thing to the appropriate authority of the prescribed foreign State concerned.
(4) Any person who hinders or obstructs an authorised officer in the execution of a warrant issued under this section commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or
38 PART III REQUEST TO MALAYSIA-38. Immunities in respect of authorised officer executing search warrant.
(1) No civil or criminal action shall lie against any person for-
(a) producing or giving access to any thing if he had produced or given access to the thing in good faith in compliance with a warrant issued under section 36; or
(b) doing or omitting to do any act if he had done or omitted to do the act in good faith and as a result of complying with such a warrant.
(2) A person who complies with a warrant issued under section 36 shall not be treated as being in breach of any restriction upon the disclosure of any information or thing imposed by law, contract or rules of professional conduct.
39 PART III REQUEST TO MALAYSIA-39. Assistance in locating or identifying person.
(1) The appropriate authority of a prescribed foreign State may request the Attorney General to assist in locating, or identifying and locating, a person who is believed to be in Malaysia.
(2) On receipt of a request made under subsection (1), the Attorney General may authorise in writing assistance in accordance with this section if he is satisfied that-
(a) the request relates to a criminal matter in the prescribed foreign State; and
(b) there are reasonable grounds for believing that the person to whom the request relates-
(i) is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter; and
(ii) is in Malaysia.
(3) Where, in relation to a request made under subsection (1), the Attorney General authorises assistance in accordance with this section, the Attorney General shall forward
40 PART III REQUEST TO MALAYSIA-40. Assistance in service of process.
(1) The appropriate authority of a prescribed foreign State may request the Attorney General to assist in effecting the service of process on a person in Malaysia.
(2) On receipt of a request made under subsection (1), the Attorney General may authorise the service of the process in accordance with this section if he is satisfied that-
(a) the request relates to a criminal matter in that prescribed foreign State;
(b) there are reasonable grounds for believing that the person to be served is in Malaysia;
(c) the prescribed foreign State has furnished sufficient details of the consequences of a failure to comply with such process; and
(d) where the request relates to the service of a summons to appear as a witness in that prescribed foreign State, that prescribed foreign State has given an undertaking that the person will not be subjected to any penalty or liability
41 PART III REQUEST TO MALAYSIA-41. Penalty not to be imposed for failure to comply with summons.
The person who is to appear as a witness pursuant to paragraph 40(2) (d) shall not be subjected to any penalty or liability or otherwise prejudiced in law by reason only of that person's refusal or failure to accept or comply with the summons, notwithstanding anything to the contrary in the summons.
42 PART IV MISCELLANEOUS-42. Authentication of documents.
(1) Subject to sections 13, 33 and 34 and any law relating to the admissibility of evidence, any document that is obtained, provided or produced pursuant to a request made under this Act and that is duly authenticated is admissible in evidence without any further proof in any criminal proceedings.
(2) A document is duly authenticated for the purposes of subsection (1) if-
(a) it purports to be signed or certified by a judge, magistrate, or officer in or of that prescribed foreign State; and
(b) either-
(i) it is verified by the oath or affirmation of a witness, or of an officer of the government of that prescribed foreign State; or
(ii) it purports to be sealed with an official or public seal of that prescribed foreign State or of a Minister of State, or of a department or officer of the government, of that prescribed foreign State.
(
43 PART IV MISCELLANEOUS-43. Delegation.
(1) The Attorney General may delegate to a fit and proper person as he deems fit any of his powers under this Act.
(2) A delegation under this section shall not preclude the Attorney General himself from exercising at any time any of the powers so delegated.
44 PART IV MISCELLANEOUS-44. Regulations.
(1) The Minister may make such regulations as are necessary or expedient to give full effect to or for carrying out the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes:
(a) providing for the removal and return of a prisoner or a person under detention for his temporary surrender to a prescribed foreign State under section 28;
(b) prescribing the procedure for enforcing foreign forfeiture orders;
(c) prescribing the forms for the purposes of this Act;
(d) prescribing the fees and charges payable under this Act; and
(e) providing for such other matters as are contemplated by, or necessary for giving full effect to, the provisions of this Act and for their due administration.
(3) Regulations made under this section may prescribe an
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