ASSISTANCE TO MALAYSIAN CITIZENS ARRESTED/ DETAINED BY HONG KONG/MACAU LOCAL AUTHORITIES

ASSISTANCE TO MALAYSIAN CITIZENS ARRESTED/ DETAINED OR REPORTED MISSING IN HONG KONG/MACAU LOCAL AUTHORITIES

The Government of countries who are a party to the Vienna Convention on Consular Relations 1963 has a responsibility to inform the Government of other party countries of the arrest / detention of its citizen as soon as it made. However, this obligation is not always observed due to problems in communication, or there are cases where the arrested person does not want his/her Government to be informed. In Hong Kong and Macau, the Personal Data (Privacy) Ordinance (PDPO) governs the disclosure of personal data, including arrest information. Hence, notification of detention/arrest to the Consulate General is dependent on the consent of the individual being detained/arrest to the local authorities.

HOW TO REPORT ARREST/DETENTION OR MISSING PERSON?

In cases where the family/relative/acquaintance is informed or suspects that someone they know is arrested / detained by the Hong Kong/Macau Authorities or missing, they should notify the Consular Division, Ministry of Foreign Affairs of Malaysia and the Consulate General of Malaysia in Hong Kong via email at konsular@kln.gov.my and mwhongkong@kln.gov.my.

To facilitate the investigation and request for information from local authorities, please include the following details in your email:

(i) Police Report.

(ii) Name of the arrested/ detained or missing person.

(iii) Copy of Passport and Identification Card number of the arrested/ detained or missing person.

(iv) Picture of the person.

(v) Proof of Relationship (birth certificate/marriage certificate)

(vi) Details on arrival in Hong Kong (if any).

(vii) Information of last contact (if any).

(viii) Local phone number (if any).

(ix) Other information deemed relevant (if any). 

LEGAL REPRESENTATION

Please be informed that Officers of Malaysian embassies and consulates abroad are prohibited by law from acting as agents or attorneys on behalf of Malaysian citizens in legal disputes abroad. If the family wishes to seek legal assistance, the family must find a law firm in its own capacity (link of lawyer list) and any costs related to the appointment and related/subsequent matters must be borne by the family. In cases where the sentence has been completed, the person will be deported back to Malaysia and the family needs to bear the deportation cost. 

By and large, please be informed that in cases where Malaysian citizens are arrested / detained abroad, the local law of the particular country is supreme and has to be obeyed and respected. International rules and customs dictate that consular assistance from a foreign Consulate General cannot override the law and regulations of the particular country. Therefore, the Consulate General will try to assist the  Malaysian Citizen arrested / detained as much as possible. However, the form of assistance depends on what is allowed by the host country's authorities.

What the Consulate General CAN DO:

• Contact with arrested / detained person (requires approval from local authorities beforehand)*.
• Arrange for family / next of kin to be informed (if the detained person wishes to)*.
• Liaise with local authorities to request status updates on missing person investigations.

*Subject to Personal Data (Privacy) Ordinance (PDPO)

What the Consulate General CANNOT DO:

• Give legal advice, intervene in court proceedings or provide funds to pay for your legal costs of fines.
• Assist in retrieving case evidence in foreign countries.
• Pay for legal costs, fines, bail, hotel bills, medical bills, or deportation costs.
• Act as a bailsman, guarantor, or sponsor.
• Demand special treatment or better conditions in prison or hospitals than a local national would receive.
• Act in any way that violates the laws of the host country.

Furthermore, please be informed that other than those listed above, the Consulate General will not:

• Help you find a job overseas.
• Arrange visas, work or residence permits for other countries, or help you obtain them.
• Become involved with judicial affairs on your behalf in child custody cases in mixed marriages.
• Pay or guarantee payment of your hotel, medical or any other bills, including the cost of returning lost luggage to Malaysia.
• Act as travel agent, bank or post office or store your luggage.
• Become involved in commercial disputes or take up complaints about local purchase, etc.
• Provide interpreter, telephone or photocopy services.
• Investigate crimes or assist in retrieve any case evidence in foreign countries.
• Get you better condition in hospital than a local national would receive.