Attorney-general Abdul Gani Patail said this will be the first time that the Extra-Territorial Offences Act will be imposed on the seven Somali pirates who were caught trying to hijack a Malaysian tanker.

ghani patail gani 060409 Abdul Gani ( left ) said the Act had been amended in 2007 and this is the first time we could be using it.

“However, I have to stress that the chambers have not yet decided to charge them as they have yet to arrive here. With that indication, I am inclined to say that investigations have yet to be completed.

“Hence, it would be improper for me to comment on the charge that would be levelled against them until the investigations are complete and I receive the report. As normal, I may require that the investigators clarify and complete their investigations further,” he said.

It was reported that Malaysian naval commandos had rescued 23 crew and captured seven Somali pirates following a firefight to free a hijacked oil tanker in the Gulf of Aden, according to reports.

The commandos were called in after the Malaysian tanker MT Bunga Laurel sent out a distress call late Thursday after pirates armed with AK-47 assault rifles boarded and took control of the ship.

Defence Minister Ahmad Zahid Hamidi said the pirates detained by Malaysian forces were being held on board the rescued tanker MT Bunga Laurel along with its crew of 23, which is now en route to Malaysia.

“Immediately upon arrival, they will be handed over to the Royal Malaysian Police for further action,” he was quoted as saying by news agency Bernama .

An aide to the minister confirmed his remarks and said the vessel would arrive in Malaysia on Jan 31, but that it was still too early to determine how a prosecution would be carried out.

Asked on what would be the preferred charges against them, Abdul Gani said he would have to study the investigation papers first but whatever it is, be it theft, crime, extortion, violence, force or others, it is an offence.

“They may be foreigners but they will be subject to Malaysian laws and we certainly want the first bite,” he said, adding there were sufficient laws to deal with the matter.

Extra-Territorial Offences Act

Section 2 of the Extra-Territorial Offences Act states offences committed outside Malaysia can be prosecuted under Malaysian law:

 

(1) (a) Any act contrary to the provisions of any of the written laws specified in the Schedule, being the provisions relating to the creation of, and the punishment for, offences; or

(b) any offence under any other written law the commission of which is certified by the attorney-general to affect the security of the federation,

shall, if such act is done or such offence is committed, as the case may be,

(i) on the high seas on board any ship or on any aircraft registered in Malaysia;

(ii) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;

(iii) by any citizen or any permanent resident in any place without and beyond the limits of Malaysia,

be punishable as an offence under the relevant written law as if such act or offence were done or committed in Malaysia.  

As the alleged piracy act is committed on a Malaysian vessel, action can be taken against them under the local laws.

However, Abdul Gani gave an assurance that the Somalis would be facing a fair justice system in Malaysia if they were charged.

Questioned whether Malaysia is exchanging notes and views with other countries following such activities of piracy and maritime matters, the attorney-general said it is always exchanging views with them.

“We are learning from them and they are learning from us,” said Abdul Gani.