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.
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