186 Laws of Malaysia Act 593 Chapter XXXVI DIRECTIONS OF THE NATURE OF A HABEAS CORPUS Power of High Court to make certain orders 365. The High Court may whenever it thinks fit direct— (a) that any person who: (i) is detained in any prison within the limits of Malaysia on a warrant of extradition whether under the Extradition Act 1992 [Act 479]; or (ii) is alleged to be illegally or improperly detained in public or private custody within the limits of Malaysia, be set at liberty; (b) that any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law. Form of application 366. Every application to bring up before the Court a person detained on a warrant of extradition or alleged to be illegally or improperly detained in custody shall be supported by affidavit stating where and by whom the person is detained and, so far as they are known, the facts relating to the detention, with the object of satisfying the Court that there is probable ground for supposing that the person is detained against his will and without just cause. Affidavit, by whom signed 367. The affidavit required by section 366 shall be made by the person detained or alleged to be detained unless it be shown that by reason of restraint or coercion or other sufficient cause he is unable to make it, in which case it shall be made by some other person.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents