ARMED FORCES ACT 1972
This Act may be cited as the Armed Forces Act 1972 and shall come into force on such date as the Yang di-Pertuan Agong may by notification in the Gazette appoint.
In this Act, the following expressions shall, unless the context otherwise requires, have the meanings hereby respectively assigned to them:
"acting rank" means rank of any description (however called) such that under regulations made under section 155 a commanding officer has power to order the holder to revert from that rank; and "acting warrant officer", "acting chief petty officer", "acting non-commissioned officer" and "acting petty officer" shall be construed accordingly;
"aircraft" means any machine for flying, whether propelled by mechanical means or not and includes any description of balloon;
"aircraft material" includes :
(a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;
(b) engines, armaments, ammunition, bomb
(1) In this Act the expression "on active service" in relation to a force means that it is engaged in operations against an enemy, or is in a country or territory outside the Federation for the preservation of life or property or is on military occupation of a foreign country, and in relation to a person means that he is serving in or with such a force which is on active service.
(2) Where it appears to the Minister that, by reason of the imminence of active service or of the recent existence of active service, it is necessary that a force should be deemed to be on active service, he may declare that for such period, not exceeding three months, beginning with the coming into force of the declaration as may be specified therein that force shall be deemed to be on active service.
(3) Where the Minister deems it necessary that the period specified in a declaration under the last foregoing subsection should be prolonged or, if previously pr
(1) There shall be raised and maintained in the Federation the following three Services of regular forces, that is to say:
(a) "Tentera Darat Malaysia" or in English "The Malaysian Army" (hereinafter in this Act referred to as "the Army");
(b) "Tentera Laut Diraja Malaysia" or in English "The Royal Malaysian Navy" (hereinafter in this Act referred to as "the Navy"); and
(c) "Tentera Udara Diraja Malaysia" or in English "The Royal Malaysian Air Force" (hereinafter in this Act referred to as "the Air Force").
(2) In each year the expenditure proposed to be incurred on the regular forces shall be included in the total of the estimates of the expenditure to be incurred on the armed forces.
(1) The regular forces shall consist of such corps, ships, establishments and other components as the Armed Forces Council with the approval of the Yang di-Pertuan Agong may from time to time by order published in the Gazette constitute and establish.
(2) Every corps, ship, establishment or other component constituted and established by order made under the provisions of the last foregoing subsection shall bear and be known by such name or title as the Armed Forces Council with the approval of the Yang di-Pertuan Agong may in such order designate.
(3) Any reference in any written law to any corps, ship, establishment or other component constituted, established and named as aforesaid shall be construed as a reference to such corps, ship, establishment or other component or, as the context may require, to the members thereof.
(4) A corps, establishment or other component shall consist of such units as may be determined by
The Armed Forces Council may require an officer or serviceman to serve outside Malaysia.
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(1) The Armed Forces Council may attach temporarily any officer or serviceman to:
(a) any visiting force present in Malaysia pursuant to paragraph (b) of subsection (1) of section 17 of the Visiting Forces Act 1960; or
(b) any foreign force of another country outside Malaysia.
(2) An order made pursuant to paragraph (b) of subsection (1) shall subject the officer or serviceman, as the case may be, to service law under this Act to such extent, and subject to such adaptation and modification as may be provided by or under any written law relating to the attachment of members of such forces in that country.
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The Armed Forces Council may second any of officer or serviceman to the service of:
(a) a department of the Federal Government;
(b) a State;
(c) a local authority;
(d) a statutory authority; or
(e) an organisation,
in or outside Malaysia:
Provided that such officer or serviceman, as the case may be, shall remain a member of the regular forces out his remuneration shall be paid by that department of the Federal Government, the State, authority or organisation, as the case may be, to whose service he is seconded.
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Sections 5A, 5B and 5C shall not apply in relation to the operational use of the officer or serviceman, as the case may be.
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(1) The Yang di-Pertuan Agong may on the recommendation of the Armed Forces Council grant to any person a commission in the Army, Navy or the Air Force as the case may be:
Provided that only persons being Malays shall be commissioned in the Royal Malay Regiment.
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(2) Where the person granted a commission under subsection (1) is an officer in the volunteer forces, the Armed Forces Council may recognise the reckonable service, if any, of that officer, including his last rank and other matters connected therewith, as reckonable service.
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(3) For the purpose of subsection (2), section 15 shall apply.
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(1) A commission granted under the provisions of the last foregoing section may be either for an indefinite period or for a specified time and shall in either case be in the form prescribed by regulations made under section 15 and shall be issued under the Sign Manual of the Yang di-Pertuan Agong and impressed with the Public Seal of the Federation.
(2) A commission issued for a stated period may be extended by the Yang di-Pertuan Agong for such period or periods as may be deemed expedient.
The Yang di-Pertuan Agong may grant honorary commissions in the regular forces to such persons as he may think fit.
The Yang di-Pertuan Agong may on the recommendation of the Armed Forces Council at any time without assigning any reason therefor cancel any commission granted under the provisions of this Part.
(1) A person may be appointed by the Armed Forces Council as *an midshipman or officer cadet for an indefinite term of service or for a fixed term of service.
(2) A person under the age of seventeen and a half years shall not be appointed as an* midshipman or officer cadet without written consent of his parents or of his guardian.
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*[spelling as in original act]
Subject to any regulations made under this part, an officer cadet, other than a serviceman who has been appointed as an officer cadet, may, before the expiration of a period of three months beginning with the date of his appointment, apply to the competent authority for discharge and upon consent of the Armed Forces Council and the payment of a sum not exceeding six months of his allowances as may be prescribed he shall be discharged with all convenient speed.
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The Armed Forces Council may at any time, without assigning any reason therefor cancel any appointment made by them under section 10.
(1) The Armed Forces Council or an officer authorized on its behalf may from time to time promote a naval cadet or midshipman up to and including the rank of acting sub-lieutenant.
(2) The Armed Forces Council or an officer authorized on its behalf may from time to time promote commissioned officers up to and including the rank of captain in the Army, or its equivalent in the Navy and the Air Force as the case may be.
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(3) Promotion beyond the ranks specified in subsection (2) shall be by approval of the Yang di-Pertuan Agong on the recommendation of the Armed Forces Council.
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(1) A commissioned officer or a person appointed under section 10 may be transferred from one Service to another Service, or from one corps or branch to another corps or branch in the same service, of the regular forces:
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(a) with his own consent;
(b) by an order of the Armed Forces Council made with the approval of the Yang di-Pertuan Agong; or
(c) by an order of the Armed Forces Council or an officer authorized on its behalf at any time whilst a Proclamation of Emergency, issued under Article 150 of the Federal Constitution, is in force.
(2) Where a commissioned officer or a person appointed under section 10 is transferred to another Service, corps or branch he shall be subject to all the rules, regulations and orders applicable to such Service, corps or branch and the conditi
A commissioned officer or person appointed under section 10 may be attached temporarily from one Service to another Service or from one unit to another unit within the Service.
The Armed Forces Council with the approval of the Yang di-Pertuan Agong may make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera governing the commissioning and appointment of officers, their terms of service including the absorption, attachment and secondment of any officer to any body, force or service, promotion, advancement in rank, retirement, resignation, dismissal and such other matters as the Armed Forces Council may think necessary or expedient for the better carrying into effect the provisions of this Part.
[Am. Act A974]
(1) Persons may be enlisted in the regular forces:
Provided that only persons being Malays shall be enlisted in the Royal Malay Regiment.
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(2) Where the person enlisted under subsection (1) is a volunteer, the Armed Forces Council may recognise the reckonable service, if any, of that volunteer including his last rank and other matters connected therewith, as reckonable service.
(3) For the purpose of subsection (2), section 36 shall apply.
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Magistrates holding office in the Federation and the undermentioned officers (referred to in this Act as "recruiting officers") may enlist persons in the regular forces:
(a) Senior Personnel Selection Officer and Personnel Selection Officers of the regular forces;
(b) any officer of the regular forces specially authorized by the Armed Forces Council.
(1) A person offering to enlist in the regular forces shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him; and a Magistrate or recruiting officer shall not enlist any person in the regular forces unless satisfied that such person has been given such a notice, understands it and wishes to be enlisted.
(2) The procedure for enlisting a person in the regular forces shall be that set out in the First Schedule to this Act.
(3) A recruiting officer shall not enlist any person under the age of seventeen and a half years without the written consent of his parents or of his guardian.
(4) Where the recruiting officer is satisfied, by the production of a certified copy of an entry in the register of births or by any other evidence appearing to him to be sufficient, that a person offering to enlist has or has not
The Armed Forces Act 1972 is a significant piece of legislation that governs the conduct, discipline, and legal framework for members of the armed forces. Section 18 specifically addresses the consequences of certain offenses committed by personnel under military law.
Section 18 of the Armed Forces Act 1972 outlines the penalties for specific offenses committed by members of the armed forces, particularly focusing on the consequences of disobedience to lawful orders and other related infractions.
(1) If a person knowingly makes a false answer to any question contained in the attestation paper which has been put to him by or by direction of the Magistrate or the recruiting officer before whom he appears for the purpose of being attested, he shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred ringgit or to both.
(2) If a person commits an offence under this section and has been attested as a serviceman, he shall be liable, at the discretion of the competent authority, to be proceeded against before the court of a Magistrate or to be tried by court-martial for the offence.
If a person without due authority:
(i) publishes or cause to be published notices or advertisements for the purpose of procuring recruits for the regular forces;
(ii) opens or keeps any house, place of rendezvous, or office for the purpose of recruiting such forces;
(iii) receives any person under any such notice or advertisement as aforesaid; or
(iv) directly or indirectly interferes with the recruiting service of such forces,
he shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.
(1) A person enlisted for service as a soldier shall be enlisted in a particular corps of the Army and shall serve in such corps for the period of his full-time service whether during the term of his enlistment or during any period of re-engagement unless he is transferred to another corps in accordance with the provisions of the next following subsection:
Provided that a person enlisted for service as a soldier before attaining the age of eighteen years may be enlisted for general service and need not be appointed to a corps until he attains that age.
(2) A soldier may, at any time, with his consent be transferred from one corps to another by order of the competent authority:
Provided that while a state of war exists between the Yang di-Pertuan Agong and any foreign power or while a Proclamation of Emergency issued by the Yang di-Pertuan Agong, under Article 150 of the Federal Constitution is in force, the soldier may be so tra
(1) A serviceman may be transferred from one Service to another Service of the regular forces:
(a) with his own consent;
(b) by an order of the Armed Forces Council made with the approval of the Yang di-Pertuan Agong; or
(c) by an order of the Armed Forces Council or an officer authorized on its behalf at any time whilst a Proclamation of Emergency issued under Article 150 of the Federal Constitution is in force.
(2) Where a serviceman is transferred to another Service he shall be subject to all the rules, regulations and orders applicable to such Service and the conditions of his service shall be varied so as to correspond with the general conditions of service of the Service to which he is transferred.
(3) No serviceman shall be transferred to another Service unless he would have been eligible for enlistment to that Service.
A serviceman may be attached temporarily from one Service to another Service or from one unit to another unit within the Service.
(1) The term for which a person enlisting in the regular forces may be enlisted shall be such a term, beginning with the date of his attestation, as is mentioned in the following provisions of this section.
(2) Where the person enlisting has attained the age of eighteen years, the said term shall be:
(a) such term not exceeding [fifteen] years as may be prescribed, being a term of full-time service; or
(b) such term not exceeding [fifteen] years as may be prescribed, being as to such part thereof as may be prescribed a term of full-time service and as to the remainder a term of service in the reserve.
(3) Where the person enlisting has not attained the age of eighteen years, the said term shall be:
(a) a term ending with the expiration of such period not exceeding [fifteen] years as may be prescribed, beginning with the date on which he attains su
24A PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-24A. Non-application of sections 24, 25 and 26.
Sections 24, 25 and 26 shall not apply to a person enlisting in the regular forces on or after the appointed date.
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24B PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-24B. Terms of enlistment of sevicemen enlisting on or after the appointed date.
(1) The term for which a person enlisting in the regular forces on or after the appointed date shall be such a term, beginning with the date of his attestation, as is mentioned in the following provisions of this section.
(2) Where the person enlisting has attained the age of eighteen years, the said term shall be a term of twelve years, being a term of full-time service.
(3) Where the person enlisting has not attained the age of eighteen years, the said term shall be a term ending with the expiration of twelve years, beginning with the date on which he attains such age, being a term of full-time service.
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25 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-25. Extension and reduction of service.
(1) Subject to any regulations made under this Part a person in fulltime service may, on written application made by him to the competent authority and with the consent of that authority, be permitted to do any of the following things, that is to say:
(a) if his enlistment was for a term ending before the expiration of a period of [fifteen] years beginning with the date of his attestation or, if he was enlisted before he attained the age of eighteen years, the date on which he attained that age, to extend the term of his enlistment so as to end at such time, not later than the expiration of the said period as may be specified in the application, and so as to increase the period of his full-time service, his service in the reserve, or both as may be specified;
[The word "fifteen" in brackets appearing in paragraph (a) of subsection 1 of section 25 was substituted by Act 583 for the word "twelve". A
25A PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-25A. Extension of Service of servicemen enlisting on or after the appointed date.
(1) Subject to any regulations made under this Part, a person in full-time service and enlisting on or after the appointed date may, on written application made by him to the competent authority and with the consent of that authority, be permitted to extend his term of full-time service from twelve to fifteen years:
Provided that the application shall be made at least six months before the completion of his full-time service under section 24A.
(2) A person who has enlisted on or after the appointed date, in consideration:
(a) of his being permitted to undergo a prescribed course of instruction or a course of instruction of a prescribed class; or
(b) of the conferring on him of such other benefit or advantage as may be prescribed,
may be required by the competent authority to undertake, in the prescribed form, not to determine his full-time service before the expiration
26 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-26. Re-engagement of servicemen.
(1) Subject to any regulations made under this Part any person in full-time service who has completed a period of nine years of such service reckoned from the date of his attestation or (if he enlisted before attaining that age) the date on which he attains the age of eighteen years, may, if he so desires and with the approval of the competent authority, be permitted to re-engage for such further period or periods in full-time service as will make up a total continuous period of twenty-one years of full-time service.
(2) Any person who will within one year complete a period of twentyone years' full-time service may, if he so desires and with the approval of the competent authority, continue to serve in all respects as if his term of full-time service was still unexpired.
26A PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-26A. Re-engagement of servicemen enlisting on or after the appointed date.
(1) Subject to any regulations made under this Part, any person in full-time service under section 24A or 25A enlisting on or after the appointed date may, if he so desires, apply to the competent authority and upon the approval of the competent authority, be permitted to re-engage for such further period or periods in full-time service as will make up a total continuous period of twenty-one years of full-time service:
Provided that the application shall be made at least six months before the completion of his full-time service under section 24A or 25A.
(2) A person who has been permitted to reengage under subsection (1) may, if he so desires apply to the competent authority and upon the approval of the competent authority, continue to serve in all respects as if his term of full-time service was still unexpired:
Provided that the application shall be made at least six months before the completion of his period of full-time serv
26B PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-26B. No extension or re-engagement beyond fifty-five years.
Subject to sections 27 and 30, no person shall have his period of full-time service extended or be permitted to re-engage if the effect of such extension or re-engagement would be to require him to serve beyond the age of fifty-five years.
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26C PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-26C. Service in the reserve for servicemen.
(1) A person whether in full-time service in the regular forces or in the reserve pursuant to sections 24 to 26A and 27 shall upon his discharge or completion of service in the reserve be transferred to the reserve for a period of five years commencing from the day following his discharge or completion of service in the reserve:
Provided that no person shall be required to serve in the reserve after he has attained the age of fifty years.
(2) The Armed Forces Council may in its discretion exempt any person or category of persons from such reserve service.
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27 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-27. Postponement in certain cases of discharge or transfer to the reserve.
(1) Where, at the time at which apart from this section a serviceman would be entitled to be discharged or would fall to be transferred to the reserve, a state of war exists between the Yang di-Pertuan Agong and any foreign power, or a Proclamation of Emergency issued by the Yang di-Pertuan Agong under Article 150 of the Federal Constitution is in force, or reservists in the Regular Forces Reserve have been called out for service, or he is serving outside the Federation, he may be retained in full-time service for such period as is hereinafter mentioned, and his service may be prolonged accordingly.
(2) No person shall be retained in full-time service by virtue of this section later than the expiration of twelve months after the date on which apart from this section he would be entitled to be discharged.
(3) Subject to the provisions of the last foregoing subsection, a person who apart from this section would be entitled to be discharge
28 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-28. Discharge.
(1) Save as hereinafter provided every person, upon becoming entitled to be discharged, shall be discharged with all convenient speed, but until discharged shall remain subject to service law under this Act.
(2) Where a person enlisted in the Federation is, when entitled to be discharged, serving outside the Federation, then:
(a) if he requires to be discharged in the Federation, he shall be sent there free of cost with all convenient speed and shall be discharged upon his arrival there, or if he consents to his discharge being delayed, within six months from his arrival; but
(b) if at his request he is discharged at the place where he is serving, he shall have no claim to be sent back to the Federation or elsewhere.
(3) Except in pursuance of the sentence of a court-martial under this Act, a person shall not be discharged unless his discharge has been authorized by the compet
29 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-29. Transfer to the reserve.
(1) Save as otherwise provided in this Act every person, upon falling to be transferred to the reserve, shall be transferred to the reserve, but until so transferred shall remain subject to service law under this Act.
(2) Where a person when falling to be transferred to the reserve, is serving outside the Federation, he shall be sent to the Federation free of cost with all convenient speed and shall be transferred to the reserve on his arrival there, or if he consents to his transfer being delayed, within six months of his arrival:
Provided that if he so requests he may be transferred to the reserve without being required to return to the Federation.
(3) A person transferred to the reserve in the Federation shall be entitled to be conveyed free of cost from the place where he is transferred to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to whic
30 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-30. Postponement of discharge or transfer to the reserve pending proceedings for offences.
(1) Notwithstanding anything in this Part, a person shall not be entitled to be discharged or transferred to the reserve at a time when he has become liable, as a person subject to service law under this Act, to be proceeded against for offences against any of the provisions of this Act:
Provided that if it is determined that the offence shall not be tried by court-martial, this subsection shall cease to apply.
(2) Notwithstanding anything in this Part, a person who is outside the Federation and serving a sentence of imprisonment or detention awarded by a court-martial under this Act shall not be entitled to be discharged or transferred to the reserve during the currency of the sentence.
31 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-31. Recruit may purchase discharge.
(1) Subject to any regulations made under this Part, a recruit may apply for discharge before the expiration of a period of three months beginning with the date of his attestation, and if he makes such an application, he shall on payment of a sum prescribed by the competent authority be discharged with all convenient speed.
(2) In this section the expression "recruit" means a person enlisted in accordance with the provisions of this Part who has not been previously enlisted in any of the regular forces.
32 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-32. Right of warrant officer to discharge on reduction to the ranks.
A warrant officer of the regular forces who is reduced to the ranks may thereupon claim to be discharged unless a state of war exists between the Yang di-Pertuan Agong and any foreign power or reservists are called out for service.
33 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-33. Discharge of servicemen of unsound mind.
(1) Where it appears to the competent authority that a serviceman is :
(a) a dangerous person of unsound mind; or
(b) a person of unsound mind requiring treatment in a mental hospital,
the competent authority may, if the authority thinks proper and on the recommendation of a medical officer, cause such serviceman to be discharged, and when discharged to be received in a Government mental hospital.
(2) Where it appears to the competent authority that a serviceman is neither a dangerous person of unsound mind nor a person of unsound mind requiring treatment in a mental hospital, the authority may, if the authority thinks proper and on the recommendation of a medical officer, cause such serviceman to be discharged and to be sent on his discharge to any place in the Federation where he has one or more relatives or friends who are willing to take charge of him.
34 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-34. Rules for reckoning service.
(1) In reckoning the service of any person for discharge or re-engagement or transfer to the reserve, there shall be excluded therefrom:
(a) all periods during which he has been absent from his duty from any of the following causes:
(i) imprisonment;
(ii) desertion; and
(b) any period ordered by a court-martial to be forfeited.
(2) Regulations under this Part may make provision for restoring service excluded by the provisions of subsection (1) in consideration of good service or on other grounds justifying the restoration of service so excluded.
35 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-35. Validity of attestation, enlistment and re-engagement.
(1) Where a person has made such declaration upon his attestation or re-engagement as may be prescribed and has thereafter received pay as a serviceman:
(a) the validity of his enlistment or re-engagement shall not be called in question on the grounds of any error or omission in his attestation paper or application for re-engagement;
(b) if within three months from the date on which he signed the said declaration he claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act or regulations made thereunder as to enlistment or re-engagement or any ground whatsoever (not being an error or omission in his attestation paper or application for re-engagement), the claim shall be submitted to the competent authority and if the claim is well founded the competent authority shall cause him to be discharged or his re-engagement revoked, as the case may be, with all convenie
36 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-36. Regulations as to enlistment.
The Armed Forces Council, with the approval of the Yang di-Pertuan Agong, may make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera governing the enlistment of persons in the regular forces, their terms of service including the absorption, attachment and secondment to any body, force or service, promotion, advancement in rank, discharge, dismissal and such other matters concerning servicemen as the Armed Forces Council may think necessary or expedient for the better carrying into effect the provisions of this Part.
[Am. Act A974]
37 PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES-37. Interpretation of Part IV.
In this Part:
"date of attestation" , in relation to any person, means the date on which he signs the declaration and takes the oath mentioned in paragraph 3 of the First Schedule to this Act;
"prescribed" means prescribed by regulations made under this Part.
38 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-38. Aiding the enemy.
(1) Every person subject to service law under this Act who with intent to assist the enemy :
(a) abandons or delivers up any place or post which it is his duty to defend, or induces any person to abandon or deliver up any place or post which it is that person's duty to defend;
(b) surrenders any ship or aircraft to the enemy when it is capable of being successfully defended or destroyed;
(c) surrenders any base, airfield or other defence establishment or installation to the enemy when it is capable of being successfully defended or when it is his duty to cause it to be destroyed;
(d) does any act calculated to imperil the success of operations of His Majesty's armed forces, of any forces co-operating therewith or of any part of any of those forces;
(e) having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of
39 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-39. Misconduct by commanders when in action.
Every officer subject to service law under this Act who, being in command of a unit, ship, aircraft, defence establishment or other element of the armed forces:
(a) when under orders to carry out an operation of war or on coming into contact with the enemy that it is his duty to engage, fails to use his utmost exertion to bring the officers and servicemen under his command or his unit, ship, aircraft or other element into action;
(b) being in action, does not, during the action, in his own person and according to his rank, encourage the officers and servicemen under his command to fight courageously;
(c) being in action, improperly withdraws from the action; or
(d) improperly fails to pursue the enemy or to consolidate any position gained,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
40 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-40. Misconduct by other persons in operations against the enemy.
Every person subject to service law under this Act who not being in command of any unit, ship, aircraft, defence establishment, or other element of the armed forces:
(a) improperly delays or discourages any action against the enemy;
(b) when ordered to carry out an operation of war, fails to use his utmost exertion to carry out the orders into effect;
(c) throws away his arms, ammunition or tools in the presence of the enemy;
(d) leaves his post in the presence of the enemy; or
(e) behaves before the enemy in such manner as to show cowardice,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
41 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-41. Communication with the enemy.
(1) Every person subject to service law under this Act who with intent to assist the enemy communicates with or gives intelligence to the enemy shall, on conviction by court-martial, be liable to suffer death or any other punishment provided by this Act.
(2) Every person subject to service law who without authority communicates with or gives intelligence to the enemy shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
(3) In this section the expression "intelligence" means information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful to the enemy, and in particular (but without prejudice to the generality of the foregoing provisions) as to any matter falling within the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is to say:
42 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-42. Offences against morale.
Every person subject to service law under this Act who:
(a) spreads (whether orally, in writing, by signal, or otherwise) reports relating to operations of His Majesty's armed forces, of any forces co-operating therewith, or of any part of any of those forces, being reports calculated to create despondency or unnecessary alarm; or
(b) when before the enemy uses words calculated to create despondency or unnecessary alarm,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
43 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-43. Becoming prisoner of war through disobedience or wilful neglect; and failure to rejoin forces.
(1) Every person subject to service law under this Act who, through disobedience to orders or wilful neglect of his duty, is captured by the enemy shall be guilty of an offence against this section.
(2) Every person subject to service law under this Act who, having been captured by the enemy, fails to take, or prevents or discourages any other such person captured by the enemy from taking, any reasonable steps to rejoin His Majesty's service which are available to him or, as the case may be, to that other person shall be guilty of an offence against this section.
(3) Every person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
44 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-44. Offences by or in relation to sentries, etc. .
(1) Every person subject to service law under this Act who while on guard duty:
(a) sleeps at his post;
(b) when not on duty at a post, is asleep at a time when he is not allowed to be asleep;
(c) is drunk; or
(d) leaves his post without having been regularly relieved or otherwise absents himself from any place where it is his duty to be,
shall be guilty of an offence against this section.
(2) For the purposes of this section a person shall be treated as being drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty.
(3) Every person subject to service law under this Act who strikes or otherwise uses force against any person on guard duty, being a member of any of His Majesty's armed forces or of any forces co-operating therewith, or
45 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-45. Offences relating to supplies.
(1) Every person subject to service law under this Act who:
(a) does violence to any person bringing any provision or supply to any of the armed forces or to any forces co-operating therewith;
(b) irregularly detains any provision or supply being conveyed to any unit or other element of the armed forces or of any forces co-operating therewith;
(c) irregularly appropriates to the unit or other element of the armed forces with which he is serving any provision or supply being conveyed to any other unit or other element of the armed forces or of any forces co-operating therewith,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
(2) In this section the expression "any provision or supply" includes any ship, vehicle, aircraft, animal, missile, arms, ammunition, equipment, clothing and any article of any k
46 PART V SERVICE OFFENCES AND PUNISHMENTS OFFENCES IN RESPECT OF MILITARY SERVICE-46. Looting.
Every person subject to service law under this Act who:
(a) steals from, or with intent to steal searches, the person of anyone killed or wounded in the course of warlike operation;
(b) breaks into any house or other place in search of plunder;
(c) without orders from his superior officer wilfully destroys or damages any property;
(d) steals any property which has been left exposed or unprotected in consequence of warlike operations; or
(e) takes, otherwise than for the public service, any vehicle, equipment or stores abandoned by the enemy,
shall be guilty of looting and liable, on conviction by court-martial, to imprisonment or any less punishment provided by this Act.
47 MUTINY AND INSUBORDINATION-47. Mutiny.
(1) Every person subject to service law under this Act who :
(a) takes part in a mutiny involving the use of violence or the threat of the use of violence;
(b) takes part in a mutiny having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against, the enemy, or the impeding of the performance of any such duty or service; or
(c) incites any other person subject to service law under this Act to take part in such a mutiny, whether actual or intended,
shall, on conviction by court-martial, be liable to suffer death or any less punishment provided by this Act.
(2) Every person subject to service law under this Act who, in a case not falling within the foregoing subsection, takes part in a mutiny or incites any person subject to service law under this Act to take part in a mutiny, whether a
48 MUTINY AND INSUBORDINATION-48. Failure to suppress mutiny.
Every person subject to service law under this Act who, knowing that a mutiny is taking place or is intended, :
(a) fails to use his utmost endeavour to suppress or prevent it; or
(b) fails to report without delay that a mutiny is taking place or is intended,
shall, on conviction by court-martial :
(i) if the offence was committed with intent to assist the enemy, be liable to suffer death or any less punishment provided by this Act; and
(ii) in any other case, be liable to suffer imprisonment or any less punishment provided by this Act.
49 MUTINY AND INSUBORDINATION-49. Insubordinate behaviour.
Every person subject to service law under this Act who :
(a) strikes or otherwise uses violence to or offers violence to his superior officer; or
(b) uses threatening or insubordinate language to his superior officer,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:
Provided that he shall not be liable to imprisonment for more than two years if the offence was not committed on active service and did not involve the striking or other use of violence or offering of violence to a superior officer exercising authority as such.
50 MUTINY AND INSUBORDINATION-50. Disobedience to superior officer.
(1) Every person subject to service law under this Act who in such manner as to show wilful defiance of authority disobeys any lawful command of his superior officer shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
(2) Every person subject to service law under this Act who, whether wilfully or through neglect, disobeys any lawful command of his superior officer shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:
Provided that if the offence was not committed on active service, he shall not be liable to be imprisoned for more than two years.
51 MUTINY AND INSUBORDINATION-51. Disobedience to standing orders.
(1) Every person subject to service law under this Act who contravenes or fails to comply with any provision of orders to which this section applies, being a provision known to him or which he might reasonably be expected to know, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
(2) This section applies to standing orders or other routine orders of a continuing nature for any formation or unit or body of troops, or for any command or other area, establishment, garrison or place, or for any ship, train or aircraft.
(3) The standing orders or other routine orders described in subsection (2) may be :
(a) made by; and
(b) published in such manner as may be determined by,
the Service Chief for each Service or any officer authorised by him.
[Ins. Act A974
52 MUTINY AND INSUBORDINATION-52. Obstruction of provost officers.
Every person subject to service law under this Act who :
(a) obstructs; or
(b) when called on, refuses to assist,
any person known to him to be a provost officer or to be a person (whether subject to service law under this Act or not) legally exercising authority under or on behalf of a provost officer shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
53 MUTINY AND INSUBORDINATION-53. Obstruction of police officer arresting a member of the armed forces.
Every person subject to service law under this Act who at any place in the Federation prevents or obstructs :
(a) the execution by a police officer of a warrant for the arrest of a person subject to service law under this Act who has committed or is suspected of having committed an offence punishable on conviction by a civil court; or
(b) the arrest of a person subject to service law under this Act by a police officer in the exercise of his powers without warrant,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
54 AVOIDANCE OF OR FAILURE TO PERFORM MILITARY DUTIES-54. Desertion.
(1) Every person subject to service law under this Act who :
(a) deserts; or
(b) persuades, endeavours to persuade, procures or attempts to procure any person subject to service law under this Act to desert,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:
Provided that a person shall not be liable to be imprisoned for more than two years unless :
(i) if the offence was against paragraph (a) , he was on active service or under orders for active service at the time when it was committed; or
(ii) if the offence was against paragraph (b) , the person in relation to whom it was committed was on active service or under orders for active service at that time.
(2) For the purposes of this Act a person deserts who :
(a) leaves Hi
55 AVOIDANCE OF OR FAILURE TO PERFORM MILITARY DUTIES-55. Absence without leave.
Every person subject to service law under this Act who:
(a) absents himself without leave; or
(b) persuades, endeavours to persuade, procures or attempts to procure any person subject to service law under this Act to absent himself without leave,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
56 AVOIDANCE OF OR FAILURE TO PERFORM MILITARY DUTIES-56. Assisting and concealing desertion and absence without leave.
Every person subject to service law under this Act who :
(a) knowingly assists any person subject to service law under this Act to desert or absent himself without leave; or
(b) knowing that any person subject to service law under this Act has deserted or absented himself without leave, or is attempting to desert or absent himself without leave, fails to report that fact without delay, or fails to take any steps in his power to cause that person to be apprehended,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
57 AVOIDANCE OF OR FAILURE TO PERFORM MILITARY DUTIES-57. False statements in respect of leave.
Every person subject to service law under this Act who, for the purpose of obtaining leave or prolonging his leave, knowingly makes any false statement to any service authority, to any police officer or to any person authorized by or under instructions of the Armed Forces Council to act for the purposes of obtaining prolongation of leave shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
58 AVOIDANCE OF OR FAILURE TO PERFORM MILITARY DUTIES-58. Failure to attend parades or to perform duties.
Every person subject to service law under this Act who without reasonable excuse fails to attend any parade or other duty of any description or leaves any such parade or duty as aforesaid before he is permitted to do so shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
59 AVOIDANCE OF OR FAILURE TO PERFORM MILITARY DUTIES-59. Malingering.
(1) Every person subject to service law under this Act who :
(a) falsely pretends to be suffering from sickness or disability;
(b) injures himself with intent thereby to render himself unfit for service or causes himself to be injured by any person with that intent;
(c) injures any person subject to service law under this Act, at the instance of that other person, with intent thereby to render that other person unfit for service; or
(d) with intent to render himself or keep himself unfit for service, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, any sickness or disability,
shall be guilty of malingering and shall, on conviction by courtmartial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
60 AVOIDANCE OF OR FAILURE TO PERFORM MILITARY DUTIES-60. Drunkenness.
(1) Every person subject to service law under this Act who is guilty of drunkenness whether on duty or not shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act:
Provided that where the offence is committed by a serviceman neither on active service nor on duty the sentence imposed shall not exceed detention for a period of six months.
(2) For the purposes of this section a person is guilty of drunkenness if owing to the influence of alcohol or any other drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he might be called upon to perform, or behaves in a disorderly manner or in any manner likely to bring discredit on His Majesty's Service.
61 OFFENCES RELATING TO PROPERTY-61. Offences in relation to public and service property.
Every person subject to service law under this Act who:
(a) steals or fraudulently misapplies any public or service property or is concerned in or connives at the stealing or fraudulent misapplication of any public or service property;
(b) receives or retains in his possession any public or service property knowing it to have been stolen or to have been fraudulently misapplied or obtained by the commission of any offence against this Act;
(c) wilfully damages or is concerned in the damage of any public or service property; or
(d) by wilful neglect causes damage by fire to any public or service property,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
62 OFFENCES RELATING TO PROPERTY-62. Offences in relation to property of members of the armed forces.
Every person subject to service law under this Act who:
(a) steals or fraudulently misapplies any property belonging to a person subject to service law under this Act, or is concerned in or connives at the stealing or fraudulent misapplication of any such property;
(b) receives or retains in his possession any such property knowing it to have been stolen or to have been fraudulently misapplied; or
(c) wilfully damages, or is concerned in the wilful damage of any property belonging to a person subject to service law under this Act,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
63 OFFENCES RELATING TO PROPERTY-63. Miscellaneous offences relating to property.
Every person subject to service law under this Act who:
(a) loses or by negligence damages any public or service property of which he has the charge or which has been entrusted to his care or which forms part of the property of which he has the charge or which has been entrusted to his care;
(b) by negligence causes damage by fire to any public or service property;
(c) loses, or by negligence damages, any clothing, arms, ammunition or other equipment issued to him for his use for service purposes;
(d) fails to take proper care of any animal or bird used in the public service which is in his charge; or
(e) makes away with or disposes of (whether by pawning, selling, destroying or in any other way) any service decoration granted to him or any clothing, arms, ammunition or other equipment issued to him for his use for service purposes
sh
64 OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY-64. Irregular arrest and confinement.
(1) Every person subject to service law under this Act who, when another person subject thereto is under arrest:
(a) unnecessarily delays the taking of such steps as it is his duty to take for investigating the allegation against that other person or for having that allegation against that other person investigated by his commanding officer or the appropriate superior authority or, as the case may be, tried by court-martial; or
(b) fails to release, or effect the release of, that other person when it is his duty to do so,
shall be guilty of an offence against this section.
(2) Every person subject to service law under this Act who, having committed a person (hereinafter referred to as "the prisoner") to the custody of any provost officer or other officer, or any warrant officer, chief petty officer, non-commissioned officer or petty officer, fails without reasonable cause to d
65 OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY-65. Permitting escape, and unlawful release of prisoners.
(1) Every person subject to service law under this Act who wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
(2) Every person subject to service law under this Act who :
(a) without proper authority releases any person who is committed to his charge; or
(b) without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to guard,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
66 OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY-66. Resistance to arrest.
(1) Every person subject to service law under this Act who, being concerned in any quarrel or disorder, refuses to obey any officer who orders him into arrest, or strikes or otherwise uses violence to, or offers violence to, any such officer shall be guilty of an offence against this section whether or not the officer is his superior officer.
(2) Every person subject to service law under this Act who strikes or otherwise uses violence to, or offers violence to, any person, whether subject to service law under this Act or not, whose duty it is to apprehend him or in whose custody he is, shall be guilty of an offence against this section.
(3) Every person guilty of an offence under this section shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
67 OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY-67. Escape from lawful custody.
Every person subject to service law under this Act who escapes from arrest, prison or other lawful custody (whether service or not) shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
68 NAVIGATION AND FLYING OFFENCES-68. Loss or hazarding of ships or aircraft.
Every person subject to service law under this Act who either wilfully or by negligence :
(a) causes or allows to be lost, stranded or hazarded any of His Majesty's ships; or
(b) causes or allows to be lost or hazarded any of His Majesty's aircraft,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:
Provided that if the offender has not acted wilfully he shall be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
69 NAVIGATION AND FLYING OFFENCES-69. Dangerous flying, etc. .
Every person subject to service law under this Act who is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:
Provided that if the offender has not acted wilfully he shall be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
70 NAVIGATION AND FLYING OFFENCES-70. Low flying.
Every person subject to service law under this Act who, being the pilot of one of His Majesty's aircraft, flies it at a height less than such height as may be provided under the prevailing regulations or orders except :
(a) when taking off or landing; or
(b) in such other circumstances as may be so provided,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
71 NAVIGATION AND FLYING OFFENCES-71. Annoyance by flying.
Every person subject to service law under this Act who, being the pilot of one of His Majesty's aircraft, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person, shall, on conviction by courtmartial, be liable to dismissal from His Majesty's service or any less punishment provided by this Act.
72 NAVIGATION AND FLYING OFFENCES-72. Inaccurate certification.
Every person subject to service law under this Act who makes or signs, without having ensured its accuracy:
(a) a certificate relating to any matter affecting the seagoing or airworthiness or fighting efficiency of any of His Majesty's ships or aircraft; or
(b) any certificate relating to any of His Majesty's ships or aircraft or of any material thereof,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
73 NAVIGATION AND FLYING OFFENCES-73. Prize offences by commanding officers.
Every person subject to service law under this Act who, being in command of any of His Majesty's ships or aircraft :
(a) having taken any ship or aircraft as prize, fails to send to the High Court or some other prize court having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, found on board;
(b) unlawfully makes any agreement for the ransoming of any ship, aircraft or goods taken as prize; or
(c) in pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons any ship, aircraft or goods taken as prize,
shall, on conviction by court-martial, be liable to be dismissed with disgrace from His Majesty's service or any less punishment provided by this Act.
74 NAVIGATION AND FLYING OFFENCES-74. Other prize offences.
Every person subject to service law under this Act who :
(a) strikes or otherwise ill-treats any person who is on board a ship or aircraft when taken as prize, or unlawfully takes from any such person anything in his possession;
(b) removes out of any ship or aircraft taken as prize (otherwise than for safe keeping or for the necessary use and service of his Majesty's forces) any goods not previously adjudged by a prize court to be lawful prize; or
(c) breaks bulk on board any ship or aircraft taken as prize, or detained in exercise of any belligerent right or under any enactment, with intent to steal or fraudulently misapply anything therein,
shall be liable to dismissal with disgrace from His Majesty's service or any less punishment provided by this Act.
75 OFFENCES RELATING TO SERVICE TRIBUNALS-75. Offences in relation to courts-martial.
(1) Every person subject to service law under this Act who :
(a) having been duly summoned or ordered to attend as a witness before a court-martial, makes default in attending;
(b) refuses to take an oath when duly required by a court-martial to do so;
(c) refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce;
(d) when a witness, refuses to answer any question which a court-martial has lawfully required him to answer;
(e) wilfully insults any person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or wilfully insults any such person as aforesaid while that person is going to or returning from the proceedings of the court; or
(f) wil
76 OFFENCES RELATING TO SERVICE TRIBUNALS-76. False evidence.
Every person subject to service law under this Act who, when having been lawfully sworn as a witness or as an interpreter in proceedings before a court-martial or before any board or person having power by virtue of this Act to administer oaths, makes a statement or translation materially in those proceedings which he knows to be false or does not believe to be true, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
77 MISCELLANEOUS OFFENCES-77. Falsifying service documents.
Every person subject to service law under this Act who :
(a) makes, signs or makes an entry in any service report, muster, return, record, pay list, pay certificate, acquittance roll or other service document, being a document or entry which is to his knowledge false in a material particular;
(b) alters any service report, muster, return, record, pay list, pay certificate, acquittance roll or other service document, or alters any entry in such a document, so that the document or entry is to his knowledge false in a material particular;
(c) suppresses, defaces or makes away with any service report, muster, return, record, pay list, pay certificate, acquittance roll or other service document which it is his duty to preserve or produce;
(d) with intent to defraud fails to make an entry in any such documents as aforesaid; or
(e) aids, abets, commands, counsels
78 MISCELLANEOUS OFFENCES-78. False accusations, etc. .
Every person subject to service law under this Act who :
(a) makes an accusation against any officer or serviceman subject to service law under this Act which he knows to be false or does not believe to be true; or
(b) in making a complaint where he thinks himself wronged, makes a statement affecting the character of an officer or a serviceman subject to service law under this Act which he knows to be false or does not believe to be true, or wilfully suppresses any material facts,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
79 MISCELLANEOUS OFFENCES-79. Unauthorized disclosure of information.
(1) Every person subject to service law under this Act who without authority discloses, whether orally, in writing, by signal or by any other means whatsoever, any information which is or purports to be information useful to an enemy shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
(2) In this section the expression "information useful to an enemy" means information which is or purports to be information as to any matter such that information as to it would or might be directly or indirectly useful to an enemy, and in particular (but without prejudice to the generality of the foregoing provisions) as to any matter falling within the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is to say :
(a) the number, description, armament, equipment, disposition, movement, preparation for movement or c
80 MISCELLANEOUS OFFENCES-80. Attempting to commit suicide.
Every person subject to service law under this Act who attempts to commit suicide shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
81 MISCELLANEOUS OFFENCES-81. Ill-treatment of officers or servicemen of inferior rank.
If:
(a) any officer subject to service law under this Act strikes or otherwise ill-treats any officer subject to service law under this Act of inferior rank or less seniority or any serviceman subject to service law under this Act; or
(b) any serviceman subject to service law under this Act strikes or otherwise ill-treats any person subject to service law under this Act, being a serviceman of inferior rank or rate or of less seniority,
[Am. Act A974]
he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
82 MISCELLANEOUS OFFENCES-82. Unlawful detention of pay.
Every person subject to service law under this Act who having received the pay of any officer or serviceman subject to service law under this Act or of any officer or serviceman loaned or seconded for service with the armed forces unlawfully detains or unlawfully refuses to pay the same when due shall, on conviction by court-martial, be liable to dismissal from His Majesty's service or any less punishment provided by this Act.
83 MISCELLANEOUS OFFENCES-83. Disgraceful conduct.
Every person subject to service law under this Act who is guilty of disgraceful conduct of an indecent or unnatural kind, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
84 MISCELLANEOUS OFFENCES-84. Improper carriage of goods.
Every person subject to service law under this Act who being in command of any ship, aircraft or vehicle of the armed forces, without lawful authority :
(a) receives or permits to be received on board the ship, aircraft or vehicle any goods or merchandise intended for disposal or delivery by way of trade or business (whether on his own account or on account of any other person), not being merchandise received in the course of salvage; or
(b) agrees to carry any goods or merchandise on board the ship, aircraft or vehicle in consideration of the payment of freight, or demands or receives any payment in respect of such carriage,
shall be liable to dismissal from His Majesty's service or any less punishment provided by this Act.
85 MISCELLANEOUS OFFENCES-85. Scandalous conduct of officers.
Every officer subject to service law under this Act who behaves in a scandalous manner, unbecoming the character of an officer and a gentleman shall, on conviction by court-martial, be dismissed with disgrace from His Majesty's service.
86 MISCELLANEOUS OFFENCES-86. Attempts to commit offences against this Act.
Every person subject to service law under this Act who attempts to commit an offence against any of the foregoing provisions of this Part, shall, on conviction by court-martial, be liable to the like punishment as for that offence:
Provided that if the offence is one punishable by death he shall not be liable to any greater punishment than imprisonment.
87 MISCELLANEOUS OFFENCES-87. Conduct to the prejudice of service discipline.
Every person subject to service law under this Act who is guilty of any act, conduct or neglect to the prejudice of good and service discipline, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
88 MISCELLANEOUS OFFENCES-88. Civil offences.
(1) Every person subject to service law under this Act who commits a civil offence whether in the Federation or elsewhere shall be guilty of an offence against this section.
(2) In this Act the expression "civil offence" means any act or omission punishable by the law of the Federation or which, if committed in the Federation, would be punishable by that law; and in this Act the expression "the corresponding civil offence" means the civil offence the commission of which constitutes an offence against this section.
(3) A person convicted by court-martial of an offence against this section shall :
(a) if the corresponding civil offence is treason be liable to suffer death or any other punishment provided by this Act;
(b) if the corresponding civil offence is murder be liable to suffer death or any other punishment provided by this Act;
(c) if the corresponding civil offence i
89 PUNISHMENTS-89. Punishment of officers.
(1) The punishments which may be awarded to an officer by sentence of a court-martial under this Act are, subject to the limitations hereinafter provided on the powers of certain courts-martial, those set out in the following scale; and in relation to an officer, references in this Act to punishments provided by this Act are references to those punishments.
(2) The said scale is :
(a) death;
(b) imprisonment for a term not exceeding fourteen years;
(c) dismissal with disgrace from His Majesty's service;
(d) dismissal from His Majesty's service;
(e) forfeiture of seniority of rank or, in the case of an officer whose promotion depends upon length of service, forfeiture of all or any part of his service for purposes of promotion;
(f) dismissal of an officer from the ship to which he belongs;
(g) fine;
(h)<
90 PUNISHMENTS-90. Punishment of servicemen.
(1) The punishments which may be awarded to a serviceman by sentence of a court-martial under this Act are, subject to the limitations hereinafter provided on the powers of certain courts-martial, those set out in the following scale; and in relation to a serviceman, references under this Act to punishments provided by this Act are references to those punishments.
(2) The said scale is :
(a) death;
(b) imprisonment for a term not exceeding fourteen years;
(c) dismissal with disgrace from His Majesty's service;
(d) dismissal from His Majesty's service;
(e) detention for a term not exceeding two years;
(f) where the offender, being a serviceman is on active service on the day of the sentence, field punishment for a period not exceeding ninety days;
[Am. Act A974]
(g) reduction to the ra
91 PUNISHMENTS-91. Provisions as to fines.
(1) The amount of a fine awarded as a punishment under this Act for an offence other than against section 88 shall not exceed the aggregate of fourteen days' pay, and for an offence against section 88 :
(a) in any case shall not exceed the aggregate of fourteen days' pay; and
(b) where the civil offence constituting the offence against that section is punishable by a civil court in the Federation and is so punishable by a fine of a maximum amount less than the said aggregate, shall not exceed that maximum.
(2) For the purposes of this section "pay" means basic pay.
92 PUNISHMENTS-92. Field punishment.
Field punishment shall consist of such duties or drills in addition to those which the offender might be required to perform if he were not undergoing punishment, and such loss of privileges, as may be provided by or under regulations made under section 155, and may include confinement in such place and manner as may be so provided and such personal restraint as may be necessary to prevent the escape of the offender and as may be so provided.
93 ARREST-93. Arrest.
(1) Every person subject to service law under this Act found committing an offence against any provision of this Act, or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested in accordance with the following provisions.
(2) An officer may be arrested by an officer of the regular forces of superior rank, or if engaged in a mutiny, quarrel or disorder, by such an officer of any rank.
(3) A serviceman or a volunteer (when subject to service law under this Act) may be arrested by any officer, warrant officer or non-commissioined officer of the regular forces:
[Am. Act A974]
Provided that a person shall not be arrested by virtue of this subsection except by a person of superior rank.
(4) A rating exercising authority as a member of the regulating staff or as a member of the staff of the officer of the watch may arrest any rating.
(5) A pr
94 ARREST-94. Provisions for avoiding delay after arrest.
(1) The allegations against any person subject to service law under this Act who is under arrest shall be duly investigated without unnecessary delay, and as soon as may be either proceedings shall be taken for punishing his offence or he shall be released from arrest.
(2) Wherever any person subject to service law under this Act having been taken into service custody, remains under arrest for a longer period than eight days without a court-martial for his trial being assembled, a special report for the necessity for further delay shall be made by his commanding officer to the prescribed authority in the prescribed manner, and a similar report to the like authority and in the like manner every eight days until a court-martial is assembled or the offence is dealt with summarily or he is released from arrest:
Provided that in the case of a person on active service, compliance with this subsection shall be excused in so far as it is not re
94A ARREST-94A. Chief Provost Marshal.
(1) The Armed Forces Council shall appoint a Chief Provost Marshal for all the three Services.
(2) The Chief Provost Marshal shall:
(a) act as a Staff to the Chief of Armed Forces Staff on disciplinary matters; and
(b) exercise the functions of a Provost Marshal:
(i) when two or more Services are serving together under section 169; or
(ii) when directed by the Armed Forces Council in relation to a disciplinary matter concerning any individual Service.
(3) For the purpose of this section, the Chief Provost Marshal may:
(a) with the approval of the Armed Forces Council appoint such number of officers; and
(b) under the circumstances described in subparagraph (ii) of paragraph (b) of subsection (2) direct the provost officers of that Service,
to assist him in t
94B ARREST-94B. Provost Marshal and provost officers.
(1) The appropriate Service Chief may, with the approval of the Armed Forces Council, appoint a Provost Marshal and such number of provost officers as may be necessary for his Service.
(2) The Provost Marshals and provost officers appointed under subsection (1) shall exercise the functions conferred by or under this Act, and in particular shall have the power to investigate any offence under this Act
[Ins. Act A974]
94C ARREST-94C. Appointment or authorisation of other investigating officers.
Notwithstanding the provisions of sections 94A and 94B, any member of the armed forces may be appointed or authorised by the competent authority to investigate any offence under this Act.
[Ins. Act A974]
94D ARREST-94D. Validation.
A Provost Marshal, provost officer, investigating or authorised officer appointed or authorised before the coming into force of section 94B or 94C shall be deemed to have been appointed or authorised under section 94B or 94C, as the case may be, and any act or thing done by such persons before the coming into force of sections 94B and 94C that would have been lawful if those provisions had been in force at the time when the act or thing is done is hereby validated and declared to have been lawfully done.
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95 SUMMARY DISPOSAL OF CHARGES-95. Investigation of charges by commanding officers.
Before an allegation against a person subject to service law under this Act (hereinafter referred to as "the accused") that he has committed an offence against any provision of this Part is further proceeded with, the allegation shall be reported, in the form of a charge, to the accused's commanding officer, and the commanding officer shall investigate the charge in the prescribed manner.
96 SUMMARY DISPOSAL OF CHARGES-96. Charges to be dealt with summarily or by court-martial.
(1) After investigation, a charge against a commissioned officer below the rank of lieutenant-colonel or its equivalent or against a warrant officer may, if an authority has power under the following provisions of this Part to deal with it summarily, be so dealt with by that authority in accordance with those provisions.
[Am. Act A974]
(2) After investigation, a charge against an appointed officer or against a serviceman or volunteer (when subject to service law under this Act) below the rank of warrant officer may be dealt with summarily by his commanding officer, subject to and in accordance with the following provisions of this Part.
[Am. Act A974]
(3) If, after investigation, any charge is not dealt with summarily as aforesaid, the accused shall be remanded for trial by court-martial.
(4) Notwithstanding anything in the foregoing provisions of this section, where
97 SUMMARY DISPOSAL OF CHARGES-97. Further proceedings on charges against midshipmen, naval cadets, officer cadets, flight cadets, servicemen and volunteers below the rank of warrant officer.
(1) The following provisions of this section shall have effect where the commanding officer has investigated a charge against an appointed officer or against a serviceman or volunteer (when subject to service law under this Act) below the rank of warrant officer.
[Am. Act A974]
(2) If :
(a) the charge is not one which can be dealt with summarily and the commanding officer has not dismissed it; or
(b) the charge is one which can be dealt with summarily but the commanding officer is of the opinion that it should not be so dealt with,
he shall take the prescribed steps with a view to the charge being tried by court-martial.
(3) In any other case, the commanding officer shall proceed to deal with the charge summarily; and if he records a finding of guilty he may, subject to the provisions of subsection (4), award one or more of the following
98 SUMMARY DISPOSAL OF CHARGES-98. Further proceedings on charges against commissioned officers, acting sub-lieutenants and warrant officers.
(1) After investigating a charge against a commissioned officer or a warrant officer the commanding officer shall, unless he has dismissed the charge, submit it in the prescribed manner to higher authority; and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with the two next following subsections.
[Am. Act A974]
(2) If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.
(3) If the charge is not so referred, the prescribed steps shall be taken with a view to its being tried by court-martial.
(4) Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty:
Provided that, if, in the
99 SUMMARY DISPOSAL OF CHARGES-99. Dismissal of charges referred to higher authority.
(1) Notwithstanding anything in the two last foregoing sections, where a charge :
(a) has been referred to higher authority with a view to its being tried by court-martial; or
(b) has been submitted to higher authority for determination how it is to be dealt with,
that authority may, subject to the provisions of this section, refer the charge back to the commanding officer of the accused with a direction that it shall be dismissed, and in any such case the commanding officer shall dismiss the charge.
(2) The reference back of a charge in pursuance of this section shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit.
100 SUMMARY DISPOSAL OF CHARGES-100. Confession of desertion by a serviceman.
(1) Where, in accordance with regulations made under this Part, a serviceman signs a written confession that he has been guilty of desertion, his commanding officer may, notwithstanding anything in the foregoing provisions of this Part, submit the confession for the consideration of the Armed Forces Council or such officer not below the rank of colonel or its equivalent as may be prescribed by such regulations as aforesaid.
[Am. Act A974]
(2) After considering any such confession the Armed Forces Council or such officer as aforesaid may direct that the offence shall not be tried by court-martial or dealt with summarily by the appropriate superior authority or commanding officer, and if such a direction is given the period of the offender's service as respects which he confesses to have been a deserter shall be forfeited.
(3) A direction under the last foregoing subsection may further provide that the whole
101 SUMMARY DISPOSAL OF CHARGES-101. Officers who are to act as commanding officers and appropriate superior authority.
(1) In this Act the expression "commanding officer", in relation to a person charged with an offence, means such officer having powers of command over that person as may be determined by or under regulations made under this Part.
(2) The following persons may act as appropriate superior authority in relation to a person charged with an offence, that is to say, any officer not below the rank of colonel, or its equivalent who in each case has power to convene court-martial under this Act.
[Am. Act A974]
(3) Such regulations as aforesaid may confer on officers, or any class of officers, who, by or under the regulations, are authorized to exercise the functions of commanding officer, power to delegate those functions, in such cases and to such extent as may be specified in the regulations, to officers of a class so specified.
102 SUMMARY DISPOSAL OF CHARGES-102. Limitation of powers of summarily dealing with charges.
(1) The charges which may be dealt with summarily by a commanding officer, and the charges which may be dealt with summarily by an appropriate superior authority, shall be such as may be specified by regulations made under this Part.
(2) In such cases as may specified in that behalf by such regulations as aforesaid the powers of a commanding officer or appropriate superior authority to award punishment shall be subject to such limitations as may be so specified.
103 COURTS - MARTIAL: GENERAL PROVISIONS-103. Jurisdiction and powers of a court-martial.
(1) Subject to the provisions of this section a court-martial shall have the power to try any person subject to service law under this Act for any offence which, under this Act, is triable by court-martial and to award for any such offence any punishment authorized by this Act for that offence.
(2) A court-martial for the trial of an officer or a warrant officer shall consist of at least five officers.
(3) A court-martial consisting of less than five officers shall not award any punishment higher in the scale of punishment than imprisonment for two years.
(4) A court-martial shall not, unless it consists of at least five officers, try any offence for which the maximum or only punishment is death.
104 COURTS - MARTIAL: GENERAL PROVISIONS-104. Convening Authorities.
(1) Court-martial may be convened by any qualified officer so authorized by His Majesty by Warrant or by any officer under the command of an officer authorized as aforesaid to whom the lastmentioned officer has, in the exercise of a power conferred by the Warrant issued to him, delegated his power to convene courts-martial.
(2) In this section the expression "qualified officer" means :
(a) the Chief of the Armed Forces Staff;
(b) the Chief of the Army;
[Sub. Act A974]
(c) the Chief of the Navy;
[Sub. Act A974]
(d) the Chief of the Air Force;
[Sub. Act A974]
(e) any officer not below the rank of colonel, or its equivalent who is in command of a body of troops or of a naval command or of a body of the air force.
[Sub. Act A974] <
105 COURTS - MARTIAL: GENERAL PROVISIONS-105. Constitution of courts-martial.
(1) Subject to the provisions of section 103, a court-martial shall consist of the president and not less than two other officers.
(2) An officer who convenes a court-martial under the last foregoing section may appoint as members of the court-martial officers of the Army, the Navy or the Air Force, or any officers of any foreign force who are attached, seconded or on loan to the regular forces:
Provided that the officers forming the court shall belong to the same Service as the accused except where in the opinion of the convening officer the necessary number of officers of the same Service having the requisite qualifications at the place where the court-martial is convened is not, with due regard to the public service, available in which case the convening officer may, with the consent of the proper authority of another Service, appoint officers of another Service having the requisite qualifications as president or members of the court
106 COURTS - MARTIAL: GENERAL PROVISIONS-106. Supplementary provisions as to constitution of courts-martial.
(1) The officer who convenes a court-martial shall not be a member of that court-martial:
Provided that, if that part of the force to which he belongs is on active service and if in his opinion it is not practicable to appoint another officer as president, he may himself be president of the court-martial.
(2) An officer who, at any time between the date on which the accused was charged with the offence and the date of the trial, has been the commanding officer of the accused, and any other officer who has investigated the charge against the accused, or who, under this Part or rules made thereunder, has held, or has acted as one of the persons holding an inquiry into matters relating to the subject matter of the charge against the accused, shall not sit as a member of a court-martial or act as judge advocate at such a court-martial.
(3) When the officer convening a court-martial appoints a captain or its equivalent to be presiden
107 COURTS - MARTIAL: GENERAL PROVISIONS-107. Place for sittings of courts-martial and adjournment to other places.
(1) Subject to the provisions of this section, a court-martial shall sit at such place (whether within or outside the Federation) as may be specified in the order convening the court-martial; and the convening officer may convene it to sit at a place outside the territorial limits of his command.
(2) A court-martial sitting at any place shall, if the convening officer directs it to sit at some other place, and may, without any such direction if it appears to the court requisite in the interests of justice to sit at some other place, adjourn for the purpose of sitting at that other place.
108 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-108. Challenges by an accused.
(1) An accused about to be tried by a court-martial shall be entitled to object, on any reasonable grounds, to any member of the court, whether appointed originally or in lieu of another officer.
(2) For the purpose of enabling the accused to avail himself of the right conferred by the foregoing subsection, the names of the members of the court shall be read over in the presence of the accused before they are sworn, and he shall be asked whether he objects to any of those officers.
(3) Every objection made by an accused to any officer shall be considered by the other officers appointed members of the court.
(4) If objection is made to the president and not less than one-third of the other members of the court allow it, the court shall adjourn and the convening officer shall appoint another president.
(5) If objection is made to a member of the court other than the president and not less than one-half of the members entit
109 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-109. Administration of oaths.
(1) An oath shall be administered to every member of a court-martial and to any person in attendance on a court-martial as judge advocate, officer under instruction, shorthand writer or interpreter.
(2) Every witness before a court-martial shall be examined on oath:
Provided that where any child of tender years called as a witness does not, in the opinion of the court, understand the nature of an oath, his evidence may be received, though not given on oath, if in the opinion of the court he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth, so however that, where the evidence is given on behalf of the prosecution, the accused shall not be liable to be convicted upon such evidence alone unless it is corroborated by some other material evidence in support thereof implicating the accused.
(3) An oath required to be administered under this section shall be
110 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-110. Courts-martial to sit in open court.
(1) Subject to the provisions of this section, a court-martial shall sit in open court and in the presence of the accused.
(2) Nothing in the foregoing subsection shall affect the power of a court-martial to sit in camera on the ground that it is necessary or expedient in the interests of the administration of justice to do so; and without prejudice to that power a court-martial may order that, subject to any exceptions the court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that any evidence to be given or statement to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to the disclosure of any information which would or might be directly or indirectly useful to an enemy.
(3) A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.
(4) A court-martial may sit in
111 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-111. Dissolution of courts-martial.
(1) Where, whether before or after the commencement of the trial, it appears to the convening officer necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, the convening officer may by order dissolve the court-martial.
(2) Without prejudice to the generality of the foregoing subsection, if after the commencement of the trial a court-martial is, by reason of the death of one of the members or any other reason, reduced below the legal minimum, it shall be dissolved.
(3) If after the commencement of the trial the president dies or is otherwise unable to attend and the court is not reduced below the legal minimum, then :
(a) if the senior member of the court is of the rank of captain or its equivalent or is of higher rank, the convening officer may appoint him president and the trial shall proceed accordingly; but
[Am. Act A9
112 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-112. Decisions of courts-martial.
(1) Subject to the provisions of this section, every question to be determined at a trial by court-martial shall be determined by a majority of the votes of the members of the court.
(2) In the case of an equality of votes on the finding, the court shall acquit the accused.
(3) A finding of guilty where the only punishment which the court can award is death shall not have effect unless it is reached with the concurrence of all members of the court; and where, on such a finding being come to by a majority of the members, there is no such concurrence, the court shall be dissolved and the accused may be tried by another court-martial.
(4) Where the accused is found guilty and the court has power to sentence him either to death or to some less punishment, sentence of death shall not be passed without the concurrence of all members of the court.
(5) In the case of an equality of votes on the sentence or on any question arisin
113 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-113. Finding and sentence.
(1) Without prejudice to the provisions of section 110, the finding of a court-martial on each charge shall be announced in open court.
(2) Any finding of guilty shall be, and shall be announced as being, subject to confirmation.
(3) Any sentence of a court-martial, together with any recommendation to mercy, shall be announced in open court, and a sentence of a court-martial shall be, and shall be announced as being, subject to confirmation.
114 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-114. Power to convict of offence other than that charged.
(1) An accused charged before a court-martial with an offence under this Act may, on failure of proof of the offence having been committed in circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed in circumstances involving a lower degree of punishment.
(2) An accused charged before a court-martial with any offence may be found guilty of attempting to commit that offence.
(3) An accused charged before a court-martial with attempting to commit an offence may be convicted on that charge notwithstanding that it is proved that he actually committed the offence.
(4) Where an accused is charged before a court-martial under section 88 in respect of attempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is proved that he actually committed the civil offence.
(5) Where an accused is charged before a court-martial with an offence agai
115 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-115. Rules of evidence.
(1) Save as otherwise provided in this Act, the rules of evidence to be observed in proceedings before courts-martial shall be the same as those which are observed in civil courts in the Federation and no person shall be required in proceedings before a court-martial to answer any question or to produce any document which he could not be required to answer or to produce in similar proceedings before a civil court in the Federation.
(2) Notwithstanding anything in the foregoing subsection, a statutory declaration shall, in a trial by court-martial, be admissible as evidence of the fact stated in the declaration in a case where, and to the extent to which, oral evidence to the like effect would be admissible in that trial:
Provided that a statutory declaration shall not be admitted as evidence in any such trial on behalf of either the prosecution or the defence:
(a) where the declaration is put forward on beh
116 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-116. Privilege of witnesses and others at courts-martial.
A witness before a court-martial or any other person whose duty it is to attend on or before a court-martial shall be entitled to the same immunities and privileges as a witness before the High Court in the Federation.
117 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-117. Offences by civilians in relation to courts-martial.
Where in the Federation any person other than a person subject to service law under this Act :
(a) having been duly summoned as a witness before a court-martial, fails to comply with the summons;
(b) refuses to swear an oath when duly required by a court-martial to do so;
(c) refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce;
(d) when a witness, refuses to answer any question which a court-martial has lawfully required him to answer;
(e) wilfully insults any person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before a court-martial, while that person is acting as a member thereof or is so attending, or wilfully insults any such person as aforesaid while that person is going to or returning from the proceedings of a court-mart
118 COURTS-MARTIAL - PROVISIONS RELATING TO TRIAL-118. Affirmations.
(1) If :
(a) a person required by virtue of this Act to take an oath for the purposes of proceedings before a court-martial objects to being sworn, and states as the ground of his objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief; or
(b) it is not reasonably practicable to administer an oath to such a person as aforesaid in the manner appropriate to his religious belief,
he may be permitted to make a solemn affirmation in the prescribed form instead of taking an oath.
(2) A person who may be permitted under this section to make a solemn affirmation may also be required to do so, and for the purposes of this section "reasonably practicable" means reasonably practicable without inconvenience or delay.
119 PROCEDURE-119. Rules of Procedure.
(1) Subject to the provisions of this section, the Minister may make rules (hereinafter referred to as "Rules of Procedure") with respect to the investigation and trial of, and awarding of punishment for, offences cognizable by courts-martial, commanding officers and appropriate superior authorities, and with respect to the confirmation and revision of findings and sentences of courts-martial.
(2) Without prejudice to the generality of the foregoing subsection, Rules of Procedure may make provisions with respect to all or any of the following matters, that is to say :
(a) the procedure to be observed in the bringing of charges before commanding officers and appropriate superior authorities;
(b) the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath, and whether or not in full or in summary or abstract form) for
120 PROCEDURE-120. Rules as to exercise of functions of judge advocate.
(1) Rules of Procedure may make provisions as to the exercise by a judge advocate of his functions at a trial by court-martial.
(2) Without prejudice to the generality of the foregoing subsection, Rules of Procedure may make provisions :
<(a) as to the effect of advice or rulings given to a court-martial by a judge advocate on questions of law; and
(b) for requiring or authorizing the president of a courtmartial, in such cases as may be specified in the Rules of Procedure, to direct that questions of law shall be determined by a judge advocate in the absence of the president and other members of a court-martial and any officers under instruction, and for applying to the judge advocate and his proceedings on any such determination such of the provisions of this Act relating to a court-martial or its members and the proceedings thereof as may be specified in the Rules of Procedure.
121 PROCEDURE-121. Taking of offences into consideration.
(1) Rules of Procedure may be made for determining the cases in which, and the extent to which, courts-martial may, in sentencing an accused for any offence of which he is convicted, at the request of the accused, take into consideration other offences against this Act committed by him.
(2) Where Rules of Procedure make such provision as aforesaid, they may also make provision for conferring on a court-martial taking one or more offences into consideration power to direct the making of such deductions from the offender's pay as a court-martial would have power to direct if he had been found guilty of the offence or offences taken into consideration as well as of the offence of which he was, in fact, found guilty.
122 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-122. Confirmation of proceedings of courts-martial.
(1) Where a court-martial finds an accused guilty on any charge, the record of the proceedings of the court-martial shall be transmitted to a confirming officer for confirmation of the finding and sentence of the court-martial on that charge.
(2) A finding of guilty or sentence of a court-martial shall not be treated as a finding or sentence of the court-martial until confirmed:
Provided that this subsection shall not affect the keeping of the accused in custody pending confirmation or the operation of the two next following sections or the provisions of this Part as to confirmation or approval.
123 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-123. Petition against findings or sentences.
At any time after a court-martial has sentenced the accused or has found the accused to be unfit to stand his trial or to be not guilty by reason of insanity, but not later than the prescribed time after confirmation is completed, the accused may in the prescribed manner present a petition against the finding or sentence or both.
124 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-124. Revision of findings of courts-martial.
(1) A confirming officer may direct that a court-martial shall revise any finding of guilty come to by the court in any case where it appears to him :
(a) that the finding was against the weight of the evidence; or
(b) that some question of law determined at the trial and relevant to the finding was wrongly determined.
(2) Any such direction shall be accompanied by the necessary direction for the re-assembly of the court-martial, and shall contain a statement of the reasons for the direction.
(3) On any revision of a finding the court-martial shall reconsider the finding, and (unless the court adheres thereto) may substitute therefor either a finding of not guilty or any other finding to which the court-martial could originally have come at the trial in lieu of the finding under revision.
(4) On any such revision the court-martial shall not have power to receive furthe
125 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-125. Powers of confirming officers.
(1) Subject to the provisions of the last foregoing section and to the following provisions of this section, a confirming officer shall deal with the finding or sentence of a court-martial either :
(a) by withholding confirmation, if of opinion that the finding of the court-martial is under all the circumstances of the case unsafe or unsatisfactory or involves a wrong decision on a question of law or that there was material irregularity in the course of the trial;
(b) by confirming the finding or sentence; or
(c) by referring the finding or sentence, or both, for confirmation to a higher confirming officer:
Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.
(2) In lieu
126 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-126. Confirming officers.
(1) Subject to the provisions of this section, the following shall have power to confirm the finding or sentence of a court-martial, that is to say :
(a) the officer who convened the court-martial or any officer superior in command to that officer;
(b) the successor of any such officer or superior officer, or any person for the time being exercising the functions of any such officer or superior officer;
(c) failing any such officer as aforesaid, any officer appointed by the Armed Forces Council to act as confirming officer, whether for the particular case or for a specified class of cases.
(2) The following shall not have power to confirm the finding or sentence of a court-martial, that is to say :
(a) any officer who was a member of the court-martial;
(b) any person who, as commanding officer of the accused, investigated
127 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-127. Approval as well as confirmation required for certain death sentences.
(1) A sentence of death which has been confirmed shall not be carried into effect unless approved by the Yang di-Pertuan Agong.
(2) Notwithstanding the provisions of the foregoing subsection, sentence of death passed on a person on active service may be carried out without such approval as aforesaid where, in the opinion of the confirming officer, it is essential, in the interests of discipline and for the purpose of securing the safety of the force with which the person sentenced is present, that the sentence should be carried out forthwith, and the confirming officer states that opinion in the minute confirming the sentence.
128 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-128. Review of findings and sentences of courts-martial.
(1) A finding or sentence which has been confirmed may at any time be reviewed by a reviewing authority, and if after confirmation of a finding or sentence a petition is duly presented under section 123, the findings or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.
(2) The reviewing authorities for the purposes of this Act are :
(a) the Yang di-Pertuan Agong;
(b) the Armed Forces Council, or (so far as the delegation extends) any officer to whom the powers of the Armed Forces Council as reviewing authority, or any of those powers, may be delegated by regulations made under this Part;
(c) any officer superior in command to the confirming officer.
(3) Notwithstanding anything in subsection (1), a sentence of death passed on a person on active service and the finding
129 CONFIRMATION, REVISION AND REVIEW OF PROCEEDINGS OF COURTS-MARTIAL-129. Reconsideration of sentences of imprisonment and detention.
(1) Sentences of imprisonment and detention may be reconsidered by such officers (not below the rank of colonel or its equivalent) as may be specified by regulations made under this Part; and if on any such reconsideration it appears that the conduct of the offender since his conviction has been such as to justify remission of the sentence, whether in whole or in part, it may be remitted accordingly.
[Am. Act A974]
(2) The power to reconsider a sentence may be exercised at any time after confirmation, and where, after review, a sentence remains effective it shall be reconsidered at intervals of six months:
Provided that delay in complying with this subsection shall not invalidate the sentence.
130 REVIEW OF SUMMARY FINDINGS AND AWARDS-130. Review of summary findings and awards.
(1) Where a charge has been dealt with summarily otherwise than by the dismissal thereof, the authority hereinafter mentioned may at any time review the finding or award.
(2) The said authority is :
(a) the Armed Forces Council; or
(b) any officer superior in command to the officer who dealt summarily with the charge.
(3) where, on a review under this section, it appears to the said authority expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those proceedings which in the opinion of the said authority involved substantial injustice to the accused, the said authority may quash the finding.
(4) If a finding in any proceedings is quashed under the last foregoing subsection and the award made in those proceeding relates only to the finding quashed, the said authority shall also quash the
131 FINDINGS OF INSANITY-131. Provisions where accused found insane.
(1) Where, on the trial of a person by court-martial, it appears to the court-martial that the accused is by reason of insanity unfit to stand his trial, the court-martial shall so find; and if the finding is confirmed in accordance with the following provisions of this section, the accused shall be kept in custody in such manner as may be provided by or under regulations made under this Part until the directions of the Yang di-Pertuan Agong are known or until any earlier time at which the accused is fit to stand his trial.
(2) Where, on the trial of a person by court-martial, it appears to the court-martial that the evidence is such as, apart from any question of insanity, to support a finding that the accused was guilty of any offence, but at the time of the acts or omissions constituting that offence the accused was insane, the court-martial shall find that the accused was not guilty of that offence by reason of insanity and thereupon the ac
132 SAVINGS FOR FUNCTIONS OF JUDGE ADVOCATE GENERAL-132. Savings for functions of Judge Advocate General.
Nothing in the foregoing provision of this Part shall prejudice the exercise of the functions conferred (whether by regulations made under this Part or otherwise) on the Judge Advocate General of considering and reporting on the proceedings of courts-martial or any other functions so conferred on him in relation to such courts.
133 COMMENCEMENT, SUSPENSION AND DURATION OF SENTENCES-133. Commencement of sentences.
(1) Subject to the provisions of this section, a service sentence of imprisonment, detention or field punishment shall begin to run from the day on which the sentence was originally pronounced by the court-martial trying the offender or, as the case may be, was originally awarded by his commanding officer.
(2) A sentence of imprisonment or detention passed by a court-martial on a serviceman which is suspended in pursuance of section 135 before he has been committed to prison or a detention barrack shall not begin to run until the beginning of the day on which the suspension is determined:
Provided that where the sentence is suspended by the confirming officer and the reviewing authority determines the suspension, the reviewing authority may direct that the sentence shall run from such earlier date, not earlier than the day on which the sentence was originally pronounced by the court-martial, as the reviewing authority may specify.
<134 COMMENCEMENT, SUSPENSION AND DURATION OF SENTENCES-134. Duration of sentences of imprisonment and detention.
(1) Where a serviceman has been sentenced to imprisonment or detention by a court-martial, and the sentence is suspended in pursuance of the next following section after he has been committed to prison or a detention barrack, the currency of the sentence shall be suspended from the beginning of the day after the day on which he is released in accordance with the provisions of the next following section until the beginning of the day on which the suspension is determined.
(2) Where any person serving a service sentence of imprisonment or detention becomes unlawfully at large during the currency of the sentence, then, in calculating the period for which he is liable to be imprisoned or detained in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day on which he became at large and ending with the day, on which, as a person having become unlawfully at large, he is taken into service custody
135 COMMENCEMENT, SUSPENSION AND DURATION OF SENTENCES-135. Suspension of sentences.
(1) The following provisions of this section shall have effect as respects the suspension of a sentence of imprisonment or detention passed by a court-martial on a serviceman.
(2) Without prejudice to section 125 (5), in confirming such a sentence the confirming officer may direct that the sentence shall be suspended.
(3) Any such sentence which is not for the time being suspended may, on the review or reconsideration of the sentence, be suspended by direction of the authority reviewing or reconsidering the sentence.
(4) The suspension of any such sentence may (without prejudice to its again being suspended) be determined on the review or reconsideration of the sentence by a direction of the said authority committing the person sentenced to imprisonment or detention, as the case may be.
(5) Where, while any such sentence is suspended, the person is sentenced by court-martial to imprisonment or detention for a fresh offen
136 EXECUTION OF SENTENCES OF DEATH, IMPRISONMENT AND DETENTION-136. Execution of sentences of death.
(1) The Minister may make regulations with respect to the execution of sentences of death under this Act whether passed in the Federation or elsewhere.
(2) Without prejudice to the generality of the foregoing subsection, regulations under this section may make provision for all or any of the following matters, that is to say :
(a) the manner and place where such executions are to be carried out; and
(b) the custody, treatment and removal of persons under sentence of death,
or may authorize such persons as may be specified in or determined by or under the regulations to give directions with respect to all or any of those matters.
(3) Such provost marshal or other provost officer not below the rank of major or its equivalent as may be specified in or determined under regulations under this section shall be responsible for the due execution of any sentence of death passed
137 EXECUTION OF SENTENCES OF DEATH, IMPRISONMENT AND DETENTION-137. Imprisonment and Detention Rules.
(1) Subject to the provisions of this Act, the Minister may make rules (hereinafter referred to as "Imprisonment and Detention Rules") with respect to all or any of the following matters, that is to say :
(a) the places in which and the establishments or forms of custody (whether service or not) in which persons may be required to serve the whole or any part of service sentences of imprisonment and detention passed on them;
(b) the committal of persons under service sentences of imprisonment or detention to the appropriate establishment or form of custody, their removal from one country or place to another and from one establishment or form of custody to another and their release on the coming to an end of any term of imprisonment or detention;
(c) the provision, classification, regulation and management of service establishments;
(d) the classification, treatment, employm
138 EXECUTION OF SENTENCES OF DEATH, IMPRISONMENT AND DETENTION-138. Special provisions as to civil prisons in the Federation.
(1) A person sentenced to death or imprisonment and committed or transferred to a civil prison in pursuance of regulations made under section 136 or of Imprisonment and Detention Rules shall, while in that prison, be confined and otherwise dealt with in the same manner as a person confined therein under a like sentence of a civil court.
(2) The provisions of the Criminal Procedure Code and of the Prisons Ordinance 1952, and of any rules made thereunder shall apply in relation to the execution in a civil prison of a sentence of death passed by a court-martial for any offence, but with the substitution in such written laws for references to the Superintendent of Prisons or Officer-in-Charge, as the case may be, of references to the provost marshal or other provost officer responsible for the due execution of the sentence.
139 EXECUTION OF SENTENCES OF DEATH, IMPRISONMENT AND DETENTION-139. Special provisions as to the carrying out or serving of sentences outside the Federation otherwise than in service prisons or detention barracks.
(1) The Minister may from time to time make arrangements with the authorities of any country outside the Federation whereby sentences of death passed by courts-martial may, in accordance with regulations made under section 136, be carried out in establishments under the control of those authorities and service sentences of imprisonment or detention may, in accordance with Imprisonment and Detention Rules, be served wholly or partly in such establishments.
(2) The powers conferred on the Minister by sections 136 and 137 shall extend to the making of such provision as appears to the Minister necessary or expedient for giving effect to any arrangements made under the foregoing subsection.
(3) Such powers shall be so exercised as to secure that no sentence of death passed by a court-martial shall be executed, and no service sentence of imprisonment or detention shall be served in an establishment in any country outside the Federation, not b
140 EXECUTION OF SENTENCES OF DEATH, IMPRISONMENT AND DETENTION-140. Country in which sentence of imprisonment or detention to be served.
(1) A person who is serving a service sentence of imprisonment or detention in the Federation may (in so far as may be specified by or under Imprisonment and Detention Rules) be removed out of the Federation to any place where the unit or any part thereof or the ship to which for the time being he belongs is serving or under orders to serve, but not to any other place.
(2) Subject to the following provisions of this section, a person sentenced under this Act, by a court-martial held outside the Federation, to imprisonment for more than twelve months shall, as soon as practicable after the confirmation of the sentence is completed, be removed to the Federation.
(3) Where a person has been sentenced under this Act, by a court-martial held outside the Federation, to imprisonment for more than twelve months, the confirming officer or the reviewing authority may, notwithstanding anything in the last foregoing subsection, direct that he shall
141 EXECUTION OF SENTENCES OF DEATH, IMPRISONMENT AND DETENTION-141. Temporary reception in civil custody of persons under arrest.
Where in the Federation a person is in service custody when charged with, or with a view to his being charged with, an offence under Part V, it shall be the duty of the superintendent or other person in charge of a prison (not being a service prison) or of the person having charge of any police station or other place in which prisoners may be lawfully detained, upon delivery to him of a written order purporting to be signed by the commanding officer of the person in custody, to receive him into his custody for a period not exceeding seven days.
142 EXECUTION OF SENTENCES OF DEATH, IMPRISONMENT AND DETENTION-142. Duties of superintendents of prisons and others to receive prisoners.
(1) It shall be the duty, in so far as regulations made under section 136 or Imprisonment and Detention Rules so provide, of the superintendent or other person in charge of a prison (not being a service prison) to receive any person duly sent to that prison in pursuance of such regulations or rules and to confine him until the execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law.
(2) Where a person is in service custody in pursuance of a service sentence of imprisonment or detention, then on receipt of a written order in that behalf purporting to be signed by that person's commanding officer, it shall be the duty of any such superintendent or other person as aforesaid, or the police officer in charge of a police station or of any person in charge of any other place in which prisoners may be lawfully confined to keep that person in custody for a period not exceeding seven days unless the sai
143 TRIAL OF PERSONS CEASING TO BE SUBJECT TO SERVICE LAW AND TIME LIMITS FOR TRIALS-143. Trial and punishment of offences under service law notwithstanding offender ceasing to be subject to service law.
(1) Subject to the provisions of section 144, where an offence under this Act triable by court-martial has been committed, or is reasonably suspected of having been committed, by any person whilst subject to service law under this Act, then in relation to that offence he shall be treated, for the purposes of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishment by court-martial (including confirmation, review, reconsideration and suspension) and execution of sentences, as continuing subject to service law notwithstanding his ceasing at any time to be subject thereto.
(2) Where, while a person is in service custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which, if he were subject to service law under this Act, would be an offence under this Act triable by court-martial, then in relation to that offence or sus
144 TRIAL OF PERSONS CEASING TO BE SUBJECT TO SERVICE LAW AND TIME LIMITS FOR TRIALS-144. Limitation of time for trial of offences under service law.
(1) No person shall be tried by court-martial for any offence, other than one against section 47, 48, 61, 77, 88 or desertion unless the convening order is issued and served on him within three years after the commission of the offence, there being disregarded any time during which he was a prisoner of war any time during which he was illegally absent, or any period with effect from the date of filing of proceedings for judicial review in the High Court to the date of final disposal of those proceedings:
[Am. Act A974]
Provided that :
(a) in the case of an offence against section 88 where proceedings for the corresponding civil offence must, by virtue of any written law, be brought within a limited time, that limit of time shall apply to the trial of the offence under the said section in substitution for the foregoing provisions of this subsection;
(b) subject to any
145 RELATIONS BETWEEN SERVICE LAW AND CIVIL COURTS AND FINALITY OF TRIALS-145. Jurisdiction of civil courts.
Where a person is tried by a civil court for any offence and he has previously been sentenced by court-martial to punishment for any act or omission constituting (whether wholly or in part to) that offence, or in pursuance of this Act he has been punished for any such act or omission by his commanding officer or an appropriate superior authority, the civil court shall, in awarding punishment, have regard to his punishment in pursuance of this Act.
146 RELATIONS BETWEEN SERVICE LAW AND CIVIL COURTS AND FINALITY OF TRIALS-146. Persons not to be tried under this Act for offences already disposed of.
(1) Where a person subject to service law under this Act :
(a) has been tried for an offence by a competent civil court or a court-martial or has had an offence committed by him taken into consideration by any such court in sentencing him;
(b) has been charged with an offence under this Act and has had the charge dismissed, or has been found guilty on the charge by his commanding officer or an appropriate superior authority; or
(c) has had an offence condoned by his commanding officer,
he shall not be liable in respect of that offence to be tried by court-martial or to have the case dealt with summarily by his commanding officer or an appropriate superior authority.
(2) For the purposes of this section :
(a) a person shall not be deemed to have been tried by a court-martial if confirmation of a finding by the court-martial that he
147 INQUIRIES-147. Boards of inquiry.
(1) The Minister may make rules governing any board of inquiry (hereinafter referred to as "Board of Inquiry Rules") and subject to and in accordance with the provisions of such Board of Inquiry Rules, the Armed Forces Council or any officer of the regular forces empowered by or under such rules so to do may convene a board of inquiry to investigate and report on the facts relating to any matter which may be referred to such board by the Armed Forces Council or by any such officer as aforesaid; and a board shall, if directed so to do, express their opinion on any question arising out of any matter referred to it.
(2) A board of inquiry shall consist of such number of persons, as may be provided for by Board of Inquiry Rules, who shall be persons subject to service law under this Act and the president of a board of inquiry shall be an officer not below the rank of army lieutenant or its equivalent or.
[Am. Act A974]
148 INQUIRIES-148. Inquiries into absence.
(1) Where a board of inquiry inquiring into the absence of an officer or serviceman reports that he has been absent without leave or other sufficient cause for a period specified in the report, not being less than twenty-one clear days, a record of the report shall in accordance with Board of Inquiry Rules be entered in the service books.
(2) A record entered in pursuance of subsection (1) shall, unless the absentee subsequently surrenders or is arrested, or the report of the board of inquiry is annulled by the Armed Forces Council or a subsequent board of inquiry, have the like effect as a conviction by court-martial for desertion.
149 MISCELLANEOUS PROVISIONS-149. Restitution or compensation for theft, etc .
(1) The following provisions shall have effect where a person has been convicted by court-martial of unlawfully obtaining any property, whether by stealing it, receiving it or retaining it knowing or having reason to believe it to have been stolen, fraudulently misapplying it or otherwise.
(2) If any of the property unlawfully obtained has been found in the possession of the offender, it may be ordered to be delivered or paid to the person appearing to be the owner thereof.
(3) If there has been found in the possession of the offender any property (other than money) appearing to have been obtained by him by the conversion or exchange of any of the property unlawfully obtained, the property may be ordered to be delivered to the person appearing to be the owner of the property unlawfully obtained.
(4) Where money is found in the possession of the offender, then whether or not it appears to have been obtained as aforesaid an order
150 MISCELLANEOUS PROVISIONS-150. Appointment of Judge Advocate General.
(1) The Yang di-Pertuan Agong may appoint a suitable person to perform in respect of the armed forces the functions which under this Act or any other written law are lawfully exercisable by the Judge Advocate General.
(2) References in this Act or such written law to the Judge Advocate General shall be deemed to be references to the person for the time being appointed under the foregoing subsection.
(3) The person appointed under subsection (1) shall either be a member of the judicial and legal service of not less than five years' service, or an advocate and solicitor of not less than five years' standing, or a qualified person within the meaning of the Legal Profession Act 1976, who has been so qualified for a period of not less than five years.
(4) Without prejudice to the generality of subsection (1), the duties of the person appointed under that the subsection shall include :
(a) advising the Ar
151 MISCELLANEOUS PROVISIONS-151. Appointment of judge advocates.
Without prejudice to the powers conferred on the Judge Advocate General under section 150, the appointment of a judge advocate to act at any court-martial may, failing the making thereof by or on behalf of the Judge Advocate General, be made by the convening officer.
152 MISCELLANEOUS PROVISIONS-152. Promulgation.
Any finding, sentence, determination or other thing required by this Act to be promulgated shall be promulgated either by being communicated to the accused or in such other manner as the confirming officer or the reviewing authority, as the case may be, may direct.
153 MISCELLANEOUS PROVISIONS-153. Custody of proceedings of courts-martial and right of accused to a copy thereof.
(1) The record of the proceedings of a court-martial shall be kept in the custody of the Officer-in-Charge of Combined Records, Malaysian Armed Forces or such other officer or officers as may from time to time be appointed by the Armed Forces Council for that purpose (hereinafter in this section referred to as "the officer in charge") for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by the next two following subsections shall be capable of being exercised.
(2) Subject to the provisions of this section, any person tried by a court-martial shall be entitled to obtain from the officer in charge on demand at any time within the relevant period, and on payment therefor at such rates as may be prescribed, a copy of the record of the proceedings of the court-martial.
(3) Where a person tried by court-martial dies within the relevant period, his personal representative or any person who, in
154 MISCELLANEOUS PROVISIONS-154. Indemnity for prisons officers, etc .
No action shall lie in respect of anything done by any person in pursuance of a service sentence of imprisonment or detention if the doing thereof would have been lawful but for a defect in any warrant or other instrument for the purposes of that sentence.
155 MISCELLANEOUS PROVISIONS-155. Power of Armed Forces Council to make regulations under this Part.
Subject to the provisions of section 136 the Armed Forces Council with the approval of the Yang di-Pertuan Agong may make regulations in respect of matters for which regulations and Perintah Majlis Angkatan Tentera may be made under the foregoing provisions of this Part.
[Am. Act A974]
156 INTERPRETATION-156. Interpretation of Part V.
(1) In this Part :
"civil prison" means a prison in the Federation in which a person sentenced by a civil court to imprisonment can for the time being be confined;
"convening officer" , in relation to a court-martial, means the officer convening that court-martial, and includes his successor in office or any person for the time being exercising his or his successor's functions;
"prescribed" means prescribed by Rules of Procedure or any regulation made under section 155;
"prison" means a civil prison or a service prison;
"serviceman" shall have the meaning assigned to it in section 2 and shall also include a serviceman in the Regular Forces Reserve and a volunteer;
[Ins. Act A974]
157 PART VI PAY, FORFEITURES AND DEDUCTIONS-157. Power of the Armed Forces Council to make Pay and Allowances Regulations.
(1) The Armed Forces Council with the approval of the Yang di- Pertuan Agong may make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera (hereinafter referred to as "Pay and Allowances Regulations") governing the pay, allowances and other emoluments of officers and servicemen of the regular forces and other matters pertaining thereto and in particular governing the following provisions of this Part.
[Am. Act A974]
(2) Notwithstanding the appointment of the date for the coming into force of this Act pursuant to section 1 or the provisions of any written law to the contrary, any regulations made under subsection (1) may be given retrospective effect to any date, whether before or after the coming into force of this Act.
(3) Notwithstanding the appointment of the date for the coming into force of this Act pursuant to section 1 or the provisions of a
158 PART VI PAY, FORFEITURES AND DEDUCTIONS-158. Forfeitures and deductions: general provisions.
(1) No forfeiture of the pay of an officer or serviceman shall be imposed unless authorized by this Act or some other Act and no deduction from such pay shall be made unless so authorized or authorized by Pay and Allowances Regulations.
(2) Pay and Allowances Regulations shall not authorize the making of any penal deduction, that is to say, a deduction to be made by reason of the commission of any offence or other wrongful act or in consequence of any negligence.
(3) The foregoing provisions of this section shall not prevent the making of Pay and Allowances Regulations providing for the imposition of any forfeiture authorized by this Act or the making of any deduction so authorized or for the time at which and the manner in which sums may be deducted from pay to give effect to authorized deductions or the manner in which amounts may be so deducted in order to recover any fine imposed in pursuance of this Act, or as to the appropriation
159 PART VI PAY, FORFEITURES AND DEDUCTIONS-159. Forfeiture for absence from duty.
(1) The pay of an officer or serviceman may be forfeited :
(a) for any day of absence in such circumstances as to constitute an offence under section 54 or 55 or, if the competent authority so directs, of other absence without leave;
(b) for any day of imprisonment, detention or field punishment awarded under this Act by a court-martial or commanding officer, or of imprisonment or detention of any description to which he is liable in consequence of an order or sentence of a civil court;
(c) where he is found guilty (whether by court-martial, an appropriate superior authority or his commanding officer) of an offence under this Act, for any day (whether before or after he is found guilty) on which he is in hospital on account of sickness or injury certified by the proper medical officer to have been occasioned by the offence.
(2) The pay of an officer or serviceman may
160 PART VI PAY, FORFEITURES AND DEDUCTIONS-160. Deductions for payment of civil penalties.
Where a person sentenced or ordered by a civil court (whether within or without the Federation) to pay a sum by way of fine, penalty, damages, compensation or costs in consequences of being charged before the civil court with an offence is at the time of the sentence or order, or subsequently becomes, a member of the regular forces, then, if the whole or any part of that sum is met by a payment made by or on behalf of any service authority, the amount of the payment may be deducted from his pay.
161 PART VI PAY, FORFEITURES AND DEDUCTIONS-161. Compensation for loss occasioned by wrongful acts or negligence.
(1) Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, the following provisions shall have effect where after an inquiry by a board of inquiry in accordance with the Board of Inquiry Rules it appears to the competent authority that any officer or serviceman—
(a) has caused any loss of, or damage to, service or public property;
(b) has failed to collect any moneys owing to the Federal Government of which he is or was responsible;
(c) is or was responsible for any improper payment of public moneys of the Federal Government or for any payment of public moneys which is not duly vouched;
(d) is or was responsible for any deficiency in, or for the destruction of, any public moneys, stamps, securities, stores or other property of the Federal Government;
(e) being or having been an accounting officer, fails or has failed to keep proper accounts or records;
162 PART VI PAY, FORFEITURES AND DEDUCTIONS-162. Deductions for barrack damage.
(1) Where damage occurs in which one or more units of the regular forces or parts of such units are quartered or billeted, or any fixtures, furniture or effects in or belonging to such premises are damaged or lost, then if it appears, on investigation in accordance with Pay and Allowances Regulations, that the damage or loss was occasioned by the wrongful act or negligence of persons belonging to any of the units or parts of units in occupation of the premises and was so occasioned at a time when they were in occupation thereof, but that the said persons cannot be identified, any person belonging to any of the said units or parts of units may be required to contribute towards compensation for the damage or loss such amount as may in accordance with the aforesaid regulations be determined to be just, and the amount may be deducted from his pay.
(2) The foregoing subsection shall extend to ships, trains and aircraft in which units or parts of the
163 PART VI PAY, FORFEITURES AND DEDUCTIONS-163. Remission of forfeitures and deductions.
Any forfeiture or deduction imposed under the four last foregoing sections or under Pay and Allowances Regulations may be remitted by the Armed Forces Council or in such manner and by such form as may be provided by such regulations.
164 PART VI PAY, FORFEITURES AND DEDUCTIONS-164. Enforcement of maintenance and affiliation orders by deduction from pay.
(1) Where any civil court in the Federation has made an order against any person (hereinafter referred to as "the defendant") for the payment of any periodical or other sum specified in the order for or in respect of :
(a) the maintenance of his wife or child;
(b) any costs incurred in obtaining the order; or
(c) any costs incurred in proceedings of appeal against, or for the variation, revocation or revival of, any such order,
and the defendant is an officer or serviceman of the regular forces, then (whether or not he was a member of those forces when the order was made) the competent authority may order such sum to be deducted from the pay of the defendant and appropriated in or towards satisfaction of the payment due under the order of the court as the competent authority thinks fit.
(2) Where to the knowledge of the civil court making any such order as afo
165 PART VI PAY, FORFEITURES AND DEDUCTIONS-165. Deductions from pay for maintenance of wife or child.
(1) Where the competent authority is satisfied that an officer or serviceman is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of seventeen years, the competent authority may order such sums to be deducted from his pay and appropriated towards the maintenance of his wife or child as the competent authority thinks fit.
(2) On an application made to the competent authority for an order under the foregoing subsection the competent authority, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in the foregoing subsection to take effect pending the further examination of the case.
(3) Where an order under section 164 (1) is in force for the making of deductions in favour of any person from the pay of an officer or serviceman of the regular forces, no deduction from his pay i
166 PART VI PAY, FORFEITURES AND DEDUCTIONS-166. Limit of deductions under sections 164 and 165 and effect of forfeiture.
(1) The sums deducted under the two last foregoing sections shall not together exceed :
(a) in the case of an officer, three-sevenths of his pay;
(b) in the case of a serviceman not below the rank of sergeant or its equivalent, two-thirds of his pay;
(c) in the case of any other serviceman, three-quarters of his pay.
[Am. Act A974]
(2) Where any deductions have been ordered in either of the two last foregoing sections from a person's pay and (whether before or after the deductions have been ordered) he incurs a forfeiture of pay by or in consequence of the finding or sentence of a court-martial or the finding or award of the appropriate superior authority or his commanding officer, it shall apply only to so much of his pay as remains after the deductions have been made.
(3) For the purposes of subsection (1) (b) and
167 PART VI PAY, FORFEITURES AND DEDUCTIONS-167. Service of process in maintenance proceedings.
(1) Any process to be served on an officer or serviceman of the regular forces (hereinafter referred to as "the defendant") in connection with proceedings for any such order of a civil court in the Federation as is mentioned in section 164 (1), or for the variation, revocation or revival of such an order, shall be deemed to be duly served on him if served either on him or his commanding officer and may, without prejudice to any other method of service, be so served by registered post.
(2) Where any such process as is mentioned in subsection (1) is served in the Federation and the defendant will be required to appear in person at the hearing, then if his commanding officer certifies to the civil court by which the process was issued that the defendant is under orders for active service or (where the defendant is an officer or rating of the Navy) is under orders for service on a foreign station (that is to say, service based on a port outside the
168 PART VII GENERAL PROVISIONS POWERS OF COMMAND-168. Powers of command.
(1) It is hereby declared for the avoidance of doubt that the Armed Forces Council with the approval of the Yang di-Pertuan Agong may make regulations providing for the persons, being members of the armed forces, in whom command over the armed forces or any part or members thereof, is to be vested and as to the circumstances in which such command as aforesaid is to be exercised.
(2) In relation to members of the armed forces when in aircraft, the foregoing subsection shall have effect as if references to members of the armed forces include references to any person in command of an aircraft.
(3) Nothing in this section shall affect any power vested in the Yang di-Pertuan Agong by any other written law.
169 PART VII GENERAL PROVISIONS POWERS OF COMMAND-169. Powers of command when portions of different Services are serving together.
(1) When portions of two or more Services of the armed forces are serving together, command of those portions may be exercised by such officer of any Service of the armed forces as may be designated by the competent authority
(2) An officer designated as aforesaid shall have command over all officers and servicemen serving in such portions.
(3) When portions of two or more Services of the armed forces are serving together in a composite formation, unit, station or establishment, officers and servicemen serving therein shall, unless the competent authority otherwise directs, obey the orders of all persons, irrespective of their Services, who are senior to them in rank in that formation, unit, station or establishment.
170 REDRESS OF COMPLAINTS-170. Complaints by officers.
(1) If an officer thinks himself wronged in any matter by a superior officer or authority and on application to his commanding officer does not obtain the redress to which he thinks he is entitled, he may make a complaint with respect to that matter to the Armed Forces Council.
(2) On receiving any such complaint it shall be the duty of the Armed Forces Council to investigate the complaint and to grant any redress which appears to it to be necessary, or if the complaint so requires, the Armed Forces Council shall, through the Minister, make its report on the complaint to the Yang di-Pertuan Agong in order to receive the directions of the Yang di-Pertuan Agong thereon.
171 REDRESS OF COMPLAINTS-171. Complaints by servicemen.
(1) If a serviceman thinks himself wronged in any matter by any officer other than his commanding officer or by any serviceman, he may make a complaint with respect to that matter to his commanding officer.
(2) If a serviceman thinks himself wronged in any matter by his commanding officer, either by reason of redress not being given to his satisfaction on a complaint under the foregoing subsection or for any other reason, he may make a complaint with respect thereto to any superior officer under whom the complainant is for the time being serving.
(3) It shall be the duty of a commanding or other officer to have any complaint received by him under this section investigated as soon as practicable and to take any steps for redressing the matter complained of which appear to him to be necessary.
172 PROVISIONS AS TO SHIPS UNDER CONVOY-172. Ships under convoy.
(1) It is the duty of any master or other person in command of any ship comprised in a convoy under the command of an officer of the Navy or of the Royal Naval Volunteer Reserve or of any person appointed in that behalf with the authority of the Minister, to obey, in all matters relating to the navigation or security of the convoy, any directions which may be given :
(a) where the convoy is escorted by any ship of the Navy, by the commanding officer of any such ship;
(b) in any other case, by the said officer or other person in command of the convoy,
and to take such precautions for avoiding the enemy as may be required by any such directions.
(2) If any such directions are not obeyed, any such commanding officer, or the said officer or other person in command of the convoy, may compel obedience by force of arms, and neither he nor any person acting under his orders shall be l
173 PROVISIONS AS TO SALVAGE-173. Salvage by His Majesty's ships or aircraft.
(1) Where salvage services are rendered by or with the aid of a ship or aircraft belonging to or in the service of the Yang di-Pertuan Agong and used in the armed forces, the Federal Government may claim salvage for those services, and shall have the same rights and remedies in respect of those services as any other salvor would have had if the ship or aircraft had belonged to him.
(2) No claim for salvage services by the commander or any of the officers or servicemen of a ship or aircraft belonging to or in the service of the Yang di-Pertuan Agong and used in the armed forces shall be finally adjudicated upon, unless the consent of the Minister to the prosecution of the claim is proved; and such consent may be given at any time before final adjudication.
(3) Any document purporting to give the consent of the Minister for the purpose of this section shall be evidence of that consent.
(4) Where a claim for salvage services is pro
174 PROVISIONS RELATING TO DESERTERS AND ABSENTEES WITHOUT LEAVE-174. Arrest of deserters and absentees without leave.
(1) A police officer may arrest any person whom he has reasonable cause to suspect of being an officer or serviceman of the regular forces who has deserted or is absent without leave.
(2) Where no police officer is available, any officer or serviceman of the regular forces, or any other person, may arrest any person whom he has reasonable cause to suspect as aforesaid.
(3) A magistrate or other person having authority to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that that person is reasonably suspected of being, within his jurisdiction, an officer or serviceman of the regular forces who has deserted or is absent without leave, or is reasonably suspected of being absent without leave, may issue a warrant authorizing his arrest.
(4) Any person in custody in pursuance of this section shall, as soon as practicable and in any case within twenty-four hours (excluding the time of an
175 PROVISIONS RELATING TO DESERTERS AND ABSENTEES WITHOUT LEAVE-175. Proceedings before a civil court where persons suspected of illegal absence.
(1) Where a person who is brought before a magistrate is alleged to be an officer or serviceman of the regular forces who has deserted or is absent without leave, the following provisions shall have effect.
(2) If he admits that he is illegally absent from the regular forces and the magistrate is satisfied of the truth of the admission, then :
(a) unless he is in custody for some other cause, the magistrate shall; and
(b) notwithstanding that he is in custody for some other case, the magistrate may,
forthwith either cause him to be delivered into armed forces custody in such manner as the magistrate may think fit, or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the magistrate may specify (not exceeding such time as appears to the magistrate reasonably necessary for the
176 PROVISIONS RELATING TO DESERTERS AND ABSENTEES WITHOUT LEAVE-176. Deserters and absentees without leave surrendering to police.
(1) Where in the Federation a person surrenders himself to a police officer as being illegally absent from the regular forces, the police officer shall (unless he surrenders himself at a police station) bring him to a police station.
(2) The officer in charge of a police station at which a person has surrendered himself as aforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into the case, and if it appears to the officer that the said person is illegally absent as aforesaid he may cause him to be delivered into armed forces custody without bringing him before a magistrate or to be brought before a magistrate.
177 PROVISIONS RELATING TO DESERTERS AND ABSENTEES WITHOUT LEAVE-177. Certificates of arrest or surrender of deserters and absentees.
(1) Where a magistrate in pursuance of section 175 deals with a person who is illegally absent, then when that person is delivered into armed forces custody there shall be handed over a certificate in the prescribed form, signed by the magistrate, containing the prescribed particulars as to his arrest or surrender and the proceedings before the magistrate.
(2) Where in the foregoing subsection a person is delivered into armed forces custody without being brought before a magistrate, there shall be handed over a certificate in the prescribed form, signed by the police officer who causes him to be delivered into armed forces custody, containing the prescribed particulars relating to his surrender.
(3) In any proceedings for an offence under section 54 or 55 :
(a) a document purporting to be a certificate under either of the two last foregoing subsections and to be signed as thereby required, shall be evidence
178 PROVISIONS RELATING TO DESERTERS AND ABSENTEES WITHOUT LEAVE-178. Duties of superintendent of prisons and others to receive deserters and absentees without leave.
(1) It shall be the duty of the superintendent or other person in charge of a civil prison in the Federation to receive any person duly committed to that prison by a magistrate as illegally absent from the regular forces and to detain him until in accordance with the directions of the magistrate he is delivered into armed forces custody.
(2) The last foregoing subsection shall apply to the person having charge of any police station or other place (not being a prison) in the Federation provided for the confinement of persons in custody as it applies to the superintendent or other person in charge of a civil prison.
179 OFFENCES RELATING TO THE ARMED FORCES PUNISHABLE BY CIVIL COURTS-179. Punishment for pretending to be a deserter.
Every person who in the Federation falsely represents himself to any armed forces authority or civil authority to be a deserter from the regular forces shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both.
180 OFFENCES RELATING TO THE ARMED FORCES PUNISHABLE BY CIVIL COURTS-180. Punishment for obstructing members of regular forces in execution of duty.
Every person who in the Federation wilfully obstructs or otherwise interferes with any officer or serviceman of the regular forces in the execution of his duty shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both.
181 PROVISIONS AS TO EVIDENCE-181. General provisions as to evidence.
(1) The following provisions shall have effect with respect to evidence in proceedings under this Act, whether before a court-martial, a civil court or otherwise.
(2) A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested.
(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to the questions recorded therein.
(4) A letter, return or other document stating that any person :
(a) was or was not serving at any specified time or during any specified period in any of the armed forces, or was discharged from any of the armed forces at or before any specified time;
(b) held or did not hold at any specified time a
182 PROVISIONS AS TO EVIDENCE-182. Proof of outcome of civil trial.
(1) Where a person subject to service law under this Act has been tried before a civil court (whether at the time of the trial he was so subject or not), a certificate signed by the registrar of the civil court and stating all or any of the following matters:
(a) that the said person has been tried before the court for an offence specified in the certificate;
(b) the result of the trial;
(c) what judgment or order was given or made by the court;
(d) that other offences specified in the certificate were taken into consideration at the trial,
shall for the purposes of this Act be evidence of the matters stated in the certificate.
(2) The registrar of the civil court shall if required by the commanding officer of the person in question or any other officer furnish a certificate under this section.
(3) A document purporting to be a certifi
183 PROVISIONS AS TO EVIDENCE-183. Evidence of proceedings of courts-martial.
(1) The original proceedings of a court-martial purporting to be signed by the president of the court-martial and being in the custody of the Officer-in Charge, Combined Records, Malaysian Armed Forces, or of any person having the lawful custody thereof, shall be admissible in evidence on production from that custody.
(2) A document purporting to be a copy of the original proceedings of a court-martial or any part thereof and to be certified by the Officer-in-Charge, Combined Records, Malaysian Armed Forces, or any person authorized by him, or by any person having lawful custody of the proceedings, to be a true copy, shall be evidence of the contents of the proceedings or the part to which the document relates, as the case maybe.
(3) This section applies to any evidence given in any civil court in the Federation relating to criminal proceedings.
184 MISCELLANEOUS PROVISIONS-184. Restrictions on reduction in rank of warrant officers and non-commissioned officers.
(1) A warrant officer of the regular forces shall not be reduced in rank except by sentence of a court-martial or by order of the Armed Forces Council, or of the appropriate Service Chief or of an officer authorized by the Armed Forces Council.
(2) A non-commissioned officer (other than a lance corporal or lance bombardier) of the regular forces shall not be reduced in rank except by sentence of a court -martial, or by his commanding officer with the approval of and to the extent approved by an approving authority, or by order of the Armed Forces Council or of the appropriate Service Chief or of an officer authorized by the Armed Forces Council.
[Am. Act A974]
(3) An authorisation under either of the two last foregoing subsections may be given generally or subject to such limitations as may be specified by the Armed Forces Council.
(4) For the purposes of subsections (1) and (2) reduction in rank d
185 MISCELLANEOUS PROVISIONS-185. Avoidance of charge on military pay, pensions, etc .
(1) A pension, gratuity or other grant payable under this Act shall not be assignable or transferable, except for the purpose of satisfying:
(a) a debt due to the Government of the Federation or to the Government of any State;
[(a) Am. Act A1492:s.2]
(aa) a debt due to the Public Sector Home Financing Board established under the Public Sector Home Financing Board Act 2015 [ Act 767 ] in respect of a public sector home financing facility granted by the Board; or
[(aa) Ins. Act A1492:s.2]
(b) an order of any court for the payment of any sum of money towards the maintenance of a wife or former wife or minor child, whether legitimate or not, of the member to whom the pension, gratuity or other grant has been paid,
and such pension, gratuity or other grant shall not be liable to be attached, sequestered or levied
186 MISCELLANEOUS PROVISIONS-186. Power of certain officers to take statutory declarations.
(1) An officer of the regular forces of a rank not below that of major, lieutenant-commander or squadron leader (hereinafter referred to as "the authorized officer") may, outside the Federation, take statutory declarations from persons subject to service law under this Act.
(2) A document purporting to have subscribed thereto the signature of an authorized officer in testimony of a statutory declaration being taken before him in pursuance of this section and containing in the jurat or attestation a statement of the date on which and the place at which the declaration was taken and of the full name and rank of that officer shall be admitted in evidence without proof of the signature being the signature of that officer or of the facts so stated.
187 MISCELLANEOUS PROVISIONS-187. Power of the Armed Forces Council to make pension, etc., regulations.
(1) The Armed Forces Council with the approval of the Yang di-Pertuan Agong may make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera in respect of the eligibility of members of the regular forces and their dependants for retired pay, pensions, gratuities and other grants; and such regulations may specify the conditions governing the grant of and the rates of such retired pay, pensions, gratuities and other grants, and may contain any other provisions which may be necessary to carry out the purposes of this section.
[Am. Act A974]
(2) Notwithstanding the appointment of the date for the coming into force of this Act pursuant to section 1 or the provisions of any written law to the contrary, any regulations made under subsection (1) may be given retrospective effect to any date, whether before or after the coming into force of this Act.
(3) Notwi
187A MISCELLANEOUS PROVISIONS-187A. Collection of contributions.
(1) The competent authority may collect such contributions as it thinks fit for the purposes of promoting the welfare of and providing other benefits for the members of the armed forces and their families, including for the establishment of messes in the various units.
(2) For the purposes of Part V, the contributions shall be deemed to be service property.
(3) The Armed Forces Council may issue Perintah Majlis Angkatan Tentera for the purpose of this section including providing for the appointment of persons by whom and the manner in which the contributions are to be administered, managed, controlled and disbursed.
(4) For the purpose of this section, "unit" means headquarters, formation, base, ship, station, depot, training centre or any of its equivalent.
[Ins. Act A974]
187B MISCELLANEOUS PROVISIONS-187B. Validation of contributions collected.
Any contributions collected and any monies expended therefrom for any period prior to the coming into force of this provision that would have been lawful if this provision had been in force are hereby validated and declared to have been lawfully collected and expended.
188 PART VIII THE REGULAR FORCES RESERVE-188. Reserve of Officers.
(1) An officer of the regular forces shall, upon his termination, resignation, completion of or retirement from service, serve in a Reserve of Officers of his own Service for a Period not exceeding five years commencing from the day following that on which the termination, resignation, completion of or retirement from service takes effect:
Provided that the Armed Forces Council may in its discretion exempt any officer or such categories of officers from such reserve service.
(2) Subsection (1) shall apply to those officers of the regular forces who on or after the appointed date are still serving in the regular forces.
[Subs. Act A974]
189 PART VIII THE REGULAR FORCES RESERVE-189. Establishment of a Regular Forces Reserve.
(1) There shall be raised and maintained in the Federation a Regular Forces Reserve which shall consist of :
(a) officers who are required to serve in a Reserve of Officers under the provisions of section 188 (1);
(b) all servicemen of the regular forces who at the commencement of this Act are serving in the reserve in pursuance of the terms of their enlistment; and
(c) all servicemen of the regular forces who in pursuance of the terms of their enlistment are transferred to the reserve on completion of their full-time service.
(2) In each year the expenditure proposed to be incurred on the Regular Forces Reserve shall be included in the total of the estimates of the expenditure to be incurred on the armed forces.
189A PART VIII THE REGULAR FORCES RESERVE-189A. Rank while serving in the Regular Forces Reserve.
(1) An officer or serviceman serving in the Regular Forces Reserve shall be entitled during the period of his service in the reserve to hold the substantive rank last held by him while serving in the regular forces.
(2) For the purpose of this Part, an officer in the Regular Forces Reserve who has served as an officer commissioned for a specified time in the regular forces shall be deemed to be a commissioned officer.
[Ins. Act A974]
[Act A583 had inserted a section 189A. However, Act A583 is repealed by Act A974.]
190 PART VIII THE REGULAR FORCES RESERVE-190. Calling out for service by proclamation.
(1) The Yang di-Pertuan Agong may, by Proclamation, call out for service the whole or any part of the Regular Forces Reserve.
(2) Every reservist called out for service under subsection (1) shall report for service at such time and place as the Armed Forces Council or an officer authorized on its behalf may, by notification in the Gazette or otherwise, appoint.
(3) Every reservist shall upon being called out for service by a Proclamation under this section be deemed to be a person subject to service law under Part V and shall if he fails, without leave being lawfully granted or without any reasonable excuse, to report in accordance with the provisions of subsection (2) be liable to be tried for an offence of desertion within the meaning of section 54.
(4) Every reservist when called out for service shall be liable to serve as an officer or serviceman in the regular forces until his services are no longer required, so, h
191 PART VIII THE REGULAR FORCES RESERVE-191. Calling out for training.
(1) During the period of his service in the Regular Forces Reserve a reservist may be called out for such training as may be prescribed by regulations made under section 194.
(2) The competent authority may serve or may cause to be served upon any reservist a training notice which shall state that he is called out for training and the period for which he is called out and shall require him to present himself at such time and place and on such day and to such authority as may be specified in the notice.
(3) Where a training notice has been served on any reservist, the competent authority may at any time before the date on which he is thereby required to present himself cause to be served on him a supplementary notice varying the training notice by altering the place or time, but not the date on which, he is thereby required to present himself.
(4) Every training notice served otherwise than by registered post shall require the re
192 PART VIII THE REGULAR FORCES RESERVE-192. Reservists' civil employment not to be affected by service in the reserve.
The provisions of sections 20 and 21 of the National Service Act 1952, shall apply to reservists when called out for service or for training under the provisions of sections 190 and 191.
193 PART VIII THE REGULAR FORCES RESERVE-193. Discharge of reservists.
A reservist may be discharged in accordance with regulations made under section 194 at any time during the currency of any term of reserve service.
194 PART VIII THE REGULAR FORCES RESERVE-194. Power of Armed Forces Council to make regulations governing the calling out, pay, reporting, etc. , of reservists.
The Armed Forces Council may with the approval of the Yang di-Pertuan Agong make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera with respect to the administration and discipline of the Regular Forces Reserve and, without prejudice to the generality of the foregoing, may make regulations :
(a) for the calling out for training of reservists;
(b) for the calling out for full-time service;
(c) for providing for pay and allowances of reservists;
(d) requiring reservists to report themselves from time to time, and to obtain the permission of the competent authority prescribed by such regulations before leaving the Federation;
(e) providing for any other matter which is required by this Part to be prescribed.
195 PART IX THE VOLUNTEER FORCES OF MALAYSIA-195. Raising of volunteer forces.
(1) There shall be raised and maintained in the Federation the following three Services of volunteer forces, that is to say :
(a) "Askar Wataniah Malaysia" or in English "Malaysian Territorial Army";
(b) "Simpanan Sukarela Tentera Laut Diraja Malaysia" or in English "Royal Malaysian Naval Volunteer Reserve"; and
(c) "Simpanan Sukarela Tentera Udara Diraja Malaysia" or in English "Royal Malaysian Air Force Volunteer Reserve".
(2) In each year the expenditure proposed to be incurred on the volunteer forces shall be included in the total of the estimates of the expenditure to be incurred on the armed forces.
196 PART IX THE VOLUNTEER FORCES OF MALAYSIA-196. Composition of volunteer forces.
(1) The volunteer forces shall consist of such corps, units ships, establishments and other components as the Armed Forces Council may from time to time constitute and establish.
(2) Every corps, unit, ship, establishment or other component constituted and established under the provisions of subsection (1) :
(a) shall bear and be known by such name or title as the Armed Forces Council may approve;
(b) shall consist of such sub-units, wings or squadrons, as the Armed Forces Council may from time to time direct.
(3) Any reference in any written law to any corps, unit, ship, establishment or other component constituted and established under subsection (1) by such name or title as may be approved by the Armed Forces Council under subsection (2) (a) shall be construed as a reference to such corps, unit, ship, establishment or other component or, as the context may require,
197 PART IX THE VOLUNTEER FORCES OF MALAYSIA-197. Command.
(1) The three Services of the volunteer forces shall be under the command of the respective Service Chiefs, that is to say the Malaysian Territorial Army shall be under the command of the Chief of the Army, the Royal Malaysian Naval Volunteer Reserve shall be under the command of the Chief of the Navy and the Royal Malaysian Air Force Volunteer Reserve shall be under the command of the Chief of the Air Force.
[Am. Act A974]
(2) Notwithstanding the provisions of subsection (1) where :
(a) the whole or any part of a volunteer force has been called out for service under section 202; or
(b) the whole or any part of a volunteer force is training, exercising or operating with the regular forces or a foreign force,
the Service Chief commanding the relevant volunteer force may place the whole or any part of that force under the temporary command of any o
198 PART IX THE VOLUNTEER FORCES OF MALAYSIA-198. Commissioning of officers.
(1) Officers in the volunteer forces shall be commissioned by the Yang di-Pertuan Agong.
(2) A commission granted under the provisions of subsection (1) may be either for an indefinite period or for a specified time and shall in either case be in the form prescribed by regulations made under section 207 and shall be issued under the Sign Manual of the Yang di-Pertuan Agong and impressed with the Public Seal of the Federation.
(3) A commission issued for a stated period may be extended by the Yang di-Pertuan Agong for such period or periods as may be deemed expedient.
(4) The Yang di-Pertuan Agong may, without publication of any reason therefor, cancel any commission.
(5) The Yang di-Pertuan Agong may grant honorary commissions in the volunteer forces to such persons as he may think fit.
(6) Officers of the volunteer forces may from time to time be promoted or advanced in rank by the Yang di-Pertuan Agong at his d
199 PART IX THE VOLUNTEER FORCES OF MALAYSIA-199. Constitution of Reserve of Officers.
(1) The Armed Forces Council may constitute a Reserve of Officers for each of the three Services of the volunteer forces, which shall consist of :
(a) officers who have completed not less than five years consecutive service and who at their request and with the approval of the competent authority, have been transferred to a Reserve of Officers; and
(b) former officers of the volunteer forces who in the opinion of the competent authority can perform the duties of officers.
(2) In each year the expenditure proposed to be incurred on the Reserve of Officers for the volunteer forces shall be included in the total of the estimates of the expenditure to be incurred on the armed forces.
200 PART IX THE VOLUNTEER FORCES OF MALAYSIA-200. Enrolment, resignation and discharge.
(1) Every member of a volunteer force not being an officer (hereinafter referred to as a "volunteer") shall be enrolled for such period as may be prescribed by regulations made under section 207.
(2) Every volunteer enrolled under subsection (1) shall be appointed to a unit or a ship or establishment by the competent authority.
(3) The competent authority may transfer a volunteer from one unit, ship or establishment to another unit, ship or establishment.
(4) Except when called out under section 202 a volunteer may, in accordance with regulations made under section 207, resign from service:
Provided that no such resignation shall become effective until approved by the competent authority.
(5) The competent authority may, without assigning any reason therefor, dismiss a volunteer from service.
(6) Any officer in command of a unit, ship or establishment may, with the approval of the competent authority, dis
201 PART IX THE VOLUNTEER FORCES OF MALAYSIA-201. Training and attachment.
(1) Every member of a volunteer force shall undergo such training as may be prescribed by regulations made under section 207.
(2) Every member of a volunteer force may, at his request and with the approval of the competent authority, be attached to a unit, ship or establishment of the regular forces.
(3) Such attachment shall continue during any period agreed to by such member and specified in such order and during such period the provisions of this Part shall apply to him as if he had been called out under section 202.
(4) Every member of a volunteer force who has completed the training required under subsection (1) may be required to serve in the volunteer forces for such minimum period as may be prescribed by regulatiions made under section 207.
[Ins. Act A974]
201A PART IX THE VOLUNTEER FORCES OF MALAYSIA-201A. Parts II, III and IV to apply to volunteer forces.
To the extent that it is not inconsistent with the provisions of this Part, and for the expediency of service, the Armed Forces Council may apply mutatis mutandis , any of the provisions of Parts II, III and IV other than sections 23 to 27 and sections 29 to 31 to the members of the volunteer forces.
[Ins. Act A974]
201B PART IX THE VOLUNTEER FORCES OF MALAYSIA-201B. Leave for training or attachment.
(1) Without prejudice to the provisions of the National Service Act 1952, every employer shall, if any person in his employment who is a member of a volunteer force is called up for training or attachment under this Act, grant such person leave for the duration of the period of such training or attachment to enable him to undergo the training or attachment.
(2) No employer shall—
(a) make or cause to be made any undue transfer or deduction from the pay, other remuneration or annual leave of such person;
(b) impose or cause to be imposed upon or exact from such person any penalty; or
(c) change the terms and conditions of the employment of such person to his prejudice, solely by reason of his absence from work during the period of training or attachment.
(3) Any employer who—
(a) directly or indirectly refuses or, by intimidation, undue influence or in any other manner, interferes with
201C PART IX THE VOLUNTEER FORCES OF MALAYSIA-201C. Prohibition of dismissal of employees by reason of training or attachment.
(1) Without prejudice to the provisions of the National Service Act 1952, every employer who terminates the employment of any person in his employment, who is a member of a volunteer force, without the consent of such person solely or mainly by reason of the person being called up for training or attachment under this Act commits an offence and shall, on conviction, be liable to a fine not exceeding six thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) The civil court by which an employer is convicted under subsection (1) may order the employer to pay to the person whose employment is terminated, as compensation for any loss suffered or likely to be suffered by him by reason of the termination, a sum not exceeding an amount equal to six months’ remuneration at the rate at which the remuneration was last payable to that person by the employer.".
[Ins. Act A124
202 PART IX THE VOLUNTEER FORCES OF MALAYSIA-202. Calling out for service.
(1) The Yang di-Pertuan Agong may, by Proclamation, call out for service the whole or any part of any of the volunteer forces.
(2) Every member of a volunteer force called out for service under subsection (1) shall report for service at such time and place as the competent authority may by notification in the Gazette or otherwise appoint.
203 PART IX THE VOLUNTEER FORCES OF MALAYSIA-203. Obstructing the volunteer forces and aiding or inducing dereliction of duty.
Every person who :
(a) knowingly and wilfully obstructs any part of any of the volunteer forces or any member thereof in the performance of any service or duty under this Act, or under rules, regulations or orders made under this Act;
(b) knowingly agrees with, or induces or attempts to induce any member of the volunteer forces to neglect or act in conflict with his duty as a member thereof;
(c) knowingly is a party to, or aids or abets, or incites to, the commission of any act of indiscipline or any act whereby any lawful order given to any member of the volunteer forces or any law or regulation with which it is the duty of any member thereof to comply, may be evaded or infringed; or
(d) without lawful authority wears the uniform or part of the uniform or any badge or emblem of the volunteer forces or falsely represents himself as entitled to wear such uniforms, badge or
204 PART IX THE VOLUNTEER FORCES OF MALAYSIA-204. Offences.
(1) Any member of a volunteer force who, when he is not subject to service law under this Act :
(a) fails without just cause (the proof whereof shall lie upon him) to attend at any time or place lawfully appointed by a proper authority for instruction, training or exercise;
(b) when in uniform or on duty or undergoing instruction, training or exercise, is drunk or is guilty of insubordinate conduct;
(c) disobeys any standing order or lawful command given by his superior officer;
(d) neglects to obey any order applicable to his unit, ship or establishment; or
(e) is guilty of any act, conduct or disorder or neglect to the prejudice of good order and service discipline,
shall be guilty of an offence and shall, on conviction before his commanding officer, be liable to a fine not exceeding one hundred ringgit.
(2) Any member of a
205 PART IX THE VOLUNTEER FORCES OF MALAYSIA-205. Boards of Inquiry.
(1) The appropriate Service Chief or an officer authorized by him may, by order, convene a Board of Inquiry to investigate :
(a) any death or injury caused to or by an officer or volunteer when on duty;
(b) any loss of or damage to any public property;
(c) any other matters which the appropriate Service Chief in his discretion requires to be investigated.
(2) A Board of Inquiry convened under subsection (1) shall be composed of officers of the volunteer forces or of officers or warrant officers of any of the regular forces.
(3) A Board of Inquiry convened under subsection (1) shall consist of a President, who shall be an officer, and one or more members as the appropriate Service Chief may appoint.
(4) Boards of Inquiry convened under this Part shall adopt the procedure provided for in respect of similar Boards of Inquiry convened under section 147.
206 PART IX THE VOLUNTEER FORCES OF MALAYSIA-206. Power of the Yang di-Pertuan Agong to make rules.
(1) The Yang di-Pertuan Agong may make rules including rules providing for matters which may be issued by Perintah Majlis Angkatan Tentera in respect of :
[Am. Act A974]
(a) the pay, allowances, gratuities, pensions and any other grants payable to officers and volunteers;
(b) the payment of pensions or gratuities to dependants of officers and volunteers who are killed or die of injuries received in the course of, or of illnesses directly attributable to, their service.
(2) Notwithstanding the appointment of the date for the coming into force of this Act pursuant to section 1 or the provisions of any written law to the contrary, any rules made under subsection (1) may be given retrospective effect to any date, whether before or after the coming into force of this Act.
207 PART IX THE VOLUNTEER FORCES OF MALAYSIA-207. Power of the Armed Forces Council to make regulations.
(1) Subject to the provisions of section 206, the Armed Forces Council may make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera to carry out the purposes of this Part.
[Am. Act A974]
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may :
(a) define the class of persons who may be commissioned or enrolled in the volunteer forces and the minimum period for which such persons may be commissioned or enrolled;
[Am. Act A974]
(b) prescribe the manner in which, and conditions subject to which, persons desiring to be commissioned or enrolled may so offer themselves and the form of declaration to be taken by such persons;
(c) prescribe the extent of service required of officers and volunteers or of officers in the Re
208 PART IX THE VOLUNTEER FORCES OF MALAYSIA-208. Exemption from certain civil liabilities.
All officers and volunteers, if acting bona fide and in their official capacity shall be exempt from all written laws providing for the carriage and storage of arms, explosives, gunpowder and other munitions of war in the same manner as the members of the regular forces.
209 PART X APPLICATION OF THE ACT AND SUPPLEMENTAL PROVISIONS PERSONS SUBJECT TO SERVICE LAW UNDER THIS ACT-209. Persons subject to service law: general provisions.
(1) The following persons are subject to service law under this Act :
(a) every officer holding a commission of the Yang di- Pertuan Agong issued under section 6;
(b) every person appointed by the Armed Forces Council under section 10;
(c) every serviceman of the regular forces;
(d) every reservist of the Regular Forces Reserve when called out for service or for training under Part VIII;
(e) every officer and every officer of the Reserve of Officers of a volunteer force constituted under the provisions of Part IX when performing duty as an officer;
(f) every member of a volunteer force :
(i) when on permanent duty or undergoing continuous training as defined in rules or regulations made under Part IX;
(ii) when on attachment to the regular forces under the provisions of section 201 (2); or
(iii) when ca
210 PART X APPLICATION OF THE ACT AND SUPPLEMENTAL PROVISIONS PERSONS SUBJECT TO SERVICE LAW UNDER THIS ACT-210. Persons subject to service law: foreign forces.
Members of a foreign force are subject to service law under this Act to such extent, and subject to such adaptations and modifications, as may be provided by or under any written law relating to the attachment of members of such force.
211 PART X APPLICATION OF THE ACT AND SUPPLEMENTAL PROVISIONS PERSONS SUBJECT TO SERVICE LAW UNDER THIS ACT-211. Application of the Act to passengers in His Majesty's ships and aircraft.
The provisions of Part V shall, to such extent and subject to such modifications as may be prescribed by regulations made by the Armed Forces Council with the approval of the Yang di-Pertuan Agong, apply to persons embarked as passengers on board His Majesty's ships or aircraft (not being persons who are subject to service law under this Act by virtue of any of the foregoing provisions of this Act), as they apply to persons subject to service law under this Act.
212 PART X APPLICATION OF THE ACT AND SUPPLEMENTAL PROVISIONS PERSONS SUBJECT TO SERVICE LAW UNDER THIS ACT-212. Application of the Act to civilians.
(1) Subject to the modifications hereinafter specified when the regular forces or any part thereof is on active service, the provisions of Part V shall apply to every person who is employed by or in the service of or who follows or accompanies the regular forces or that part of the regular forces which is on active service.
(2) The said modifications are :
(a) the punishment which may be awarded by a court-martial shall include a fine, but shall not include any other punishment less than imprisonment;
(b) the punishment which may be awarded where a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding two hundred ringgit, but no other punishment;
(c) the following provision shall have effect in substitution for section 93 (2), (3) and (4), that is to say, that a person may be arrested by a provost officer, by any warrant officer, chief petty offi
213 APPLICATION OF THE ACT TO PARTICULAR FORCES-213. Application of the Act to reserve and volunteer forces.
(1) Subject to the provisions of this section, references in Parts V, VI and VII to the regular forces shall include references to the following persons, that is to say:
(a) reservists of the Regular Forces Reserve who become subject to service law under the provisions of section 209 (1) (d) ; and
(b) members of the volunteer forces who become subject to service law under the provisions of section 209 (1) (e) and (f) ,
and references to officers and servicemen or to members of a body of the regular forces or to illegal absence from those forces shall be construed accordingly.
(2) The provisions of section 34, with the exception of subsection (1) (b) thereof, shall apply to the servicemen of the Regular Forces Reserve and of the volunteer forces as they apply to servicemen of the regular forces.
[Am. Act A974]
214 APPLICATION OF THE ACT TO PARTICULAR FORCES-214. Powers exercisable in subsidiary legislation.
(1) Any power conferred by this Act to make regulations, rules, orders or other instruments shall include power to make provisions for specified cases or classes of cases, and to make different provisions for different classes of cases, and for the purposes of any such regulations, rules, orders or instruments, classes of cases may be defined by reference to the circumstances therein specified.
(2) Any such regulations, rules, orders or other instruments as aforesaid may impose conditions, require acts or things to be performed or done to the satisfaction of any person or persons named therein whether or not such persons are members of any of the regular forces, empower such persons to issue orders either orally or in writing requiring acts or things to be performed or done or prohibiting acts or things from being performed or done, and prescribe periods or dates upon, within or before which such acts or things shall be performed or done or suc
215 APPLICATION OF THE ACT TO PARTICULAR FORCES-215. Execution of orders, instruments, etc. .
Save as expressly provided by any rules or regulations under this Act, any order or determination required or authorized to be made under this Act by any authority of the armed forces may be signified under the hand of any officer authorized in that behalf; and any instrument signifying such an order or determination and purporting to be signed by an officer stated therein to be so authorized shall, unless the contrary is proved, be deemed to be signed by the officer so authorized.
216 APPLICATION OF THE ACT TO PARTICULAR FORCES-216. Transitional provisions.
The transitional provisions as set out below shall take effect on the appointed day for the coming into force of this Act (hereinafter referred to as the "appointed day").
(2) In relation to an offence against any section in Part I of the Malay Regiment Enactment or against sections 11 to 14 inclusive of the Air Force Ordinance 1958, or against sections 2 to 42 inclusive of the Naval Discipline Act 1957, of the United Kingdom as applied by section 10 of the Navy Ordinance 1958 (hereinafter collectively referred to as "the said sections") sections 89 to 144 inclusive and sections 149 to 155 inclusive of this Act and the rules and regulations made under sections 119, 137 and 155 shall apply as if the said sections had been contained in this Act and this Act had been in force when the offence was committed and as if any finding or sentence having effect before the appointed day, and anything done before that day by virtue of or in relation to such
217 APPLICATION OF THE ACT TO PARTICULAR FORCES-217. Repeal of existing enactment and ordinances.
(1) The Malay Regiment Enactment, the Federation Regiment Ordinance 1952, the Military Forces Ordinance 1952, the Navy Ordinance 1958, the Air Force Ordinance 1958, the Territorial Army Ordinance 1958, the Naval Volunteer Reserve Ordinance 1958 and the Air Force Volunteer Reserve Ordinance 1958, are hereby repealed:
Provided that :
(a) all the armed forces raised under the provisions of the aforesaid enactment and ordinances shall be deemed to be raised under this Act; and
(b) all officers and servicemen serving with the armed forces raised under the provisions of the aforesaid enactment and ordinances on the appointed day shall be deemed to have been commissioned, appointed, enlisted or re-engaged, as the case may be, under this Act, but such officers and servicemen shall not be required to serve with the regular forces for a longer period than that for which they were required to serve at the tim
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