Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Dual criminality

Legal area

Court

8 Oct 2020

MUN CHOL MYONG (PASSPORT NO. 927332257) 1. MINISTER OF HOME AFFAIRS 2. DIRECTOR OF SUNGAI BULOH PRISON 3. MINISTRY OF HOME AFFAIRS 4. PUBLIC PROSECUTOR

Citation

WA-44-339-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-339-12/2019 (Mahkamah Tinggi)

Binding US extradition arrangement existed and the Minister validly directed application of s.20; supporting documents as defined by s.20(3) were produced; dual criminality was satisfied by corresponding Malaysian AML offences; applicant failed to show substantial grounds that offences were political; committal complied with statutory procedure and detention was lawful, so habeas corpus dismissed and committal upheld.
29 Nov 2019

KANG JUNTAO 1. MENTERI DALAM NEGERI, MALAYSIA 2. PENGARAH PENJARA SUNGAI BULOH

Citation

WA-44-191-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-191-08/2019 (Mahkamah Tinggi)

Minister validly directed application of section 20; the requesting state produced duly authenticated supporting documents as defined in section 20(3); the alleged US money laundering offence corresponded to an offence under section 4(1)(a) AMLATFPUAA (with ITESA offences as predicate) satisfying dual criminality; the applicant failed to show substantial grounds under section 20(1)(d) to rebut committal; therefore the Sessions Court's warrant for committal was lawful and habeas corpus was dismissed.