But he said Jho Low might then be able to challenge the arrest in court which could buy him about a year before the case is heard.
“By right, the request from the government should be entertained if a red notice is issued. They should arrest him on site. Problem is Jho Low might be able to file an application to resist the application to be handed over to the Malaysian government.
“How fast the case can be heard depends on the Chinese legal system but it might take up to a year unless Jho Low voluntarily agrees to come back,” he told FMT.
He was asked to respond to the Macau branch of Interpol, China’s National Central Bureau, confirming that they have received a request from the Malaysian authorities to arrest Jho Low but had yet to decide on the next course of action.
Sankara said Malaysia did not have an extradition treaty or Mutual Legal Assistance Agreement with China and due to that, the application could also be made on bilateral grounds as Malaysia has diplomatic ties with China.
“Jho Low will want to challenge the arrest so that he does not have to come back. If Interpol arrests him, he could be locked up or on bail while the court case is ongoing,” said Sankara.
He said the Chinese government could hand Jho Low over to Malaysia if its laws did not allow an extradition to be challenged or through bilateral ties where Putrajaya could request through the Chinese foreign ministry to have him handed over.
Macau is a Chinese special administrative region and does not have extradition treaties with other countries.
Jho Low is a key figure in the 1MDB affair. The US Department of Justice (DOJ) claimed in its civil forfeiture suits that the financier was involved in multiple instances where 1MDB funds were allegedly misappropriated.
He was accused of having used 1MDB funds to purchase superyacht The Equanimity and jewellery for model Miranda Kerr.