214
Laws of Malaysia
Act 593
(3) (a) When an order is made under paragraph (1)(cc) the lower
Court before which the trial of the offence against the accused
person is pending shall cause the accused person to appear or
be brought before the High Court on the date specified in the
said order or as soon as may be practicable if no such date is
specified.
(b) When the accused person appears or is brought before the
High Court in accordance with paragraph (a), it shall fix a date
for his trial which shall be held in accordance with the procedure
under Chapter XX.
(4) The Court to which a case is transferred under this section
may act on the evidence already recorded in a trial or partly so
recorded and partly recorded by itself, or it may resummon the
witnesses and recommence the trial:
Provided that in any case so transferred the Public Prosecutor
or the accused person may, when the Court to which the case is
transferred commences its proceedings, apply that the witnesses
or any of them be resummoned and reheard.
Application for transfer to be supported by affidavit
418. (1) Every application for the exercise of the power conferred
by section 417 shall be made by motion which shall, except when
the applicant is the Public Prosecutor, be supported by affidavit.
(2) Every such application shall be made before the inquiry
into or trial of the offence has been concluded.
(3) When an accused person makes an application under this
section, a Judge may, if he thinks fit, direct him to execute a bond,
with or without sureties, conditioned that he will, if convicted,
pay the expenses of the prosecution.
(4) Every accused person making any such application shall
give to the Public Prosecutor notice in writing of the application,
together with a copy of the grounds on which it is made, and no
order shall be made on the merits of the application unless at
least twenty-four hours have elapsed between the giving of the
notice and the hearing of the application.
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