Simplified Extradition Mechanisms Between Malaysia and Singapore: A Preliminary Comparative Analysis

DOI

10.2991/978-94-6239-785-9_38How to use a DOI?

Keywords

Backing of warrants; Extradition; Malaysia; Simplified Extradition Mechanism; Singapore

Abstract

This paper offers a doctrinal preliminary comparative analysis of the simplified extradition mechanism between Malaysia and Singapore, focusing specifically on the legal structure and procedural safeguards embedded within their respective extradition laws. While extradition of fugitive criminals between the two countries operates under a reciprocal arrangement that facilitates the endorsement and execution of arrest warrants through a simplified process, notable differences exist in how each jurisdiction regulates the procedure and protects the interests of fugitive criminals. Malaysia’s framework under Part V of the Extradition Act 1992 appears limited in scope, primarily in offering minimal grounds to resist surrender and lacking any express provision for the review of a Magistrate’s surrender order. In contrast, Singapore’s Part 6 of the Extradition Act 1968 sets out wider statutory grounds to contest surrender and expressly provides a right of review of the Magistrate’s decision before the General Division of the High Court. Although the simplified extradition mechanism is premised on mutual trust and procedural efficiency, such reciprocity should also encompass comparable legal safeguards. Without substantive alignment in the level of protection, the principle of reciprocity risks favouring cooperation over justice. This paper argues that a sustainable reciprocal framework must balance the speed of surrender with adequate protections for individual rights. Accordingly, further study is warranted, with a view to possible reforms that could enhance Malaysia’s extradition framework and ensure it remains responsive to international standards on the right to a fair trial.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Faizul Aswad Masri
AU  - Rohaida Nordin
AU  - Muhamad Helmi Md Said
PY  - 2026
DA  - 2026/10/07
TI  - Simplified Extradition Mechanisms Between Malaysia and Singapore: A Preliminary Comparative Analysis
BT  - Proceedings of the UUM 13th International Legal Conference 2025 (UUMILC 2025)
PB  - Atlantis Press
SP  - 555
EP  - 567
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-785-9_38
DO  - 10.2991/978-94-6239-785-9_38
ID  - Masri2026
ER  -