Comparison View

Formal Consolidation |  2000 RevEd
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 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 —
(a)order the release on bail of the apprehended person on such terms and conditions as the Court thinks fit; or
(b)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.
Informal Consolidation | Amended Act 40 of 2019
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 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 General Division of the High Court for a review of the order, and the General Division of the High Court may review the order.
[Act 40 of 2019 wef 02/01/2021]
(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
[Act 40 of 2019 wef 02/01/2021]
(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.
[Act 40 of 2019 wef 02/01/2021]
[Act 40 of 2019 wef 02/01/2021]
(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 General Division of the High Court may confirm or vary the order, or quash the order and substitute a new order in its stead.
[Act 40 of 2019 wef 02/01/2021]
(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.