At the Teoh Beng Hock Inquest, the family of the late Mr Teoh has requested to exhume his body for a 2nd autopsy. This is in reaction after Dr Pornthip's testimony at the Inquest last Wednesday.
We append below the relevant provision related to this exercise to exhume a corpse. You may find the relevant provision at the LOCAL GOVERNMENT ACT 1976.
BURIAL PLACE, CREMATORIA AND EXHUMATION
97. Exhumation of corpses.
(1) No person shall within the local authority area exhume any corpse or the remains of any corpse otherwise than -
(a) by order by a Magistrate's Court for the purpose of a judicial enquiry; or
(b) under a licence granted by the local authority authorising such exhumation and after payment to the local authority of such fee as may be determined by the local authority with the approval of the State Authority:
Provided that no licence shall be granted under the provisions of parag raph (b) -
(i) where the cause of death was an infectious disease as defined in any written law relating to quarantine and the prevention of diseases; or
(ii) in the case of a corpse that has been buried for less than five years, unless the local authority is satisfied that there are special reasons requiring the exhumation.
(2) Any person who exhumes or causes to be exhumed or permits to be exhumed any corpse or the remains of any corpse contrary to the provisions of this section or who shall neglect or fail to observe any precaution prescribed as a condition of the licence to exhume or who fails to comply with any reasonable directions issued to him by a local authority for the purpose of preventing danger to the public health shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.
97. Exhumation of corpses.
(1) No person shall within the local authority area exhume any corpse or the remains of any corpse otherwise than -
(a) by order by a Magistrate's Court for the purpose of a judicial enquiry; or
(b) under a licence granted by the local authority authorising such exhumation and after payment to the local authority of such fee as may be determined by the local authority with the approval of the State Authority:
Provided that no licence shall be granted under the provisions of parag raph (b) -
(i) where the cause of death was an infectious disease as defined in any written law relating to quarantine and the prevention of diseases; or
(ii) in the case of a corpse that has been buried for less than five years, unless the local authority is satisfied that there are special reasons requiring the exhumation.
(2) Any person who exhumes or causes to be exhumed or permits to be exhumed any corpse or the remains of any corpse contrary to the provisions of this section or who shall neglect or fail to observe any precaution prescribed as a condition of the licence to exhume or who fails to comply with any reasonable directions issued to him by a local authority for the purpose of preventing danger to the public health shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.
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