Malaysia

The country lacks jurisdiction over harbouring of fugitives abroad - MACC

MACC clarifies that the country’s laws do not extend to individuals outside Malaysia who shelter fugitives wanted by local authorities, following reports that a high-profile businessman remains abroad to evade arrest

Updated 9 months ago · Published on 25 Oct 2025 2:16PM

The country lacks jurisdiction over harbouring of fugitives abroad - MACC
Foreign Minister Datuk Seri Mohamad Hasan announced that the long-awaited ASEAN Extradition Treaty is expected to be signed next month - October 25, 2025

MALAYSIA has no legal authority to act against individuals outside the country who are sheltering fugitives wanted by Malaysian authorities, the Malaysian Anti-Corruption Commission (MACC) said today.

MACC Deputy Chief Commissioner (Operations) Datuk Seri Ahmad Khusairi Yahaya explained that while it is an offence under Section 216 of the Penal Code to harbour a person sought by law enforcement, the provision applies only within Malaysia’s jurisdiction.

“I emphasise that any individual who shelters a person who has been ordered to be arrested is committing an offence under Section 216 of the Malaysian Penal Code,” he said. “But if the act occurs outside Malaysia’s jurisdiction, then it falls beyond the scope of our national law.”

Ahmad Khusairi was commenting on reports concerning businessman Datuk Seri Muhammad Adlan Berhan, who is currently abroad and wanted by the MACC to face charges of criminal breach of trust.

He added that individuals abroad wishing to surrender to Malaysian authorities should do so through the nearest Malaysian High Commission, consulate, or embassy.

“This will enable them to be brought back to face legal proceedings in Malaysia,” he said.

Reports have suggested that Muhammad Adlan is residing in a Middle Eastern country that does not have an extradition treaty with Malaysia.

Foreign Minister Awaited ASEAN Extradition Treaty Signed Next Month

In a related development, Foreign Minister Datuk Seri Mohamad Hasan announced that the long-anticipated ASEAN Extradition Treaty is in its final stages and expected to be signed next month, marking a major step in strengthening legal and security cooperation across the region.

“The long-awaited ASEAN Extradition Treaty is now at its final stage of completion and is expected to be signed next month,” he said during the 30th ASEAN Political-Security Community (APSC) Council Meeting earlier today.

Mohamad said the treaty would facilitate the transfer of criminals among ASEAN member states and enhance confidence in the region’s justice systems and transparency.

“The establishment of the ASEAN Attorneys-General Meeting (APAGM) will further strengthen regional cooperation and coordination in prosecution and efforts to combat transnational crime,” he added.

He also stressed that ASEAN must be prepared to face an increasingly complex and challenging global security landscape.

“ASEAN’s unity is essential as we confront geopolitical rivalry, economic uncertainty, and emerging threats such as cybercrime and transnational terrorism,” he said.

Mohamad emphasised that the ASEAN Political-Security Community Strategic Plan will serve as the region’s guiding framework for the decades ahead. - October 25, 2025

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