Source

Visiting Forces Act 1960 Part III — Deserters and absentees without leave

s 15–s 16 · 2 sections

Apprehension and disposal of deserters and absentees without leave

s 15

(1) Subject to this section, sections 64 and 93 of the Armed Forces Act 1972 [Act 77] (which relate to the apprehension, custody and delivery into military custody of deserters and absentees without leave from the Malaysian Armed Forces) shall within Malaysia apply in relation to deserters and absentees without leave from the forces of any country to which this section applies as they apply in relation to deserters and absentees without leave from the Malaysian Armed Forces. (2) The powers conferred by the said sections 64 and 93 as applied by subsection (1) shall not be exercised in relation to a person except in compliance with a request (whether specific or general) of the appropriate authority of the country to which he belongs. (3) In sections 64 and 93 of the Armed Forces Act 1972 as applied by subsection (1)— (a) references to the delivery of a person into military custody shall be construed as references to the handing over of that person to such authority of the country to which he belongs, at such place in Malaysia as may be designated by the appropriate authority of that country; and (b) references to the General Officer Commanding the Malaysian Army shall be construed as references to the appropriate authority of the country to which such person belongs. (4) In this section references to the country to which a person belongs are references to the country from whose forces he is suspected of being or (where he has surrendered himself) appears from his confession to be a deserter or absentee without leave.

Evidence for purposes of section 15

s 16

Open ↗

For the purposes of any proceedings under or arising out of any provision of the Armed Forces Act 1972 as applied by the last foregoing section— (a) a document purporting to be a certificate under the hand of the Minister, stating that a request has been made for the exercise of the powers mentioned in subsection 15(2), and indicating the effect of the request, shall be sufficient evidence, unless the contrary is proved, that the request has been made and of its effect; and (b) a document purporting to be a certificate under the hand of the officer commanding a unit or detachment of any of the forces of a country to which this section applies, stating that a person named and described therein was at the date of the certificate a deserter, or absentee without leave, from those forces shall be sufficient evidence, unless the contrary is proved, of the facts appearing from the document to be so certified.

Back to Visiting Forces Act 1960 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

What to look at next

Visiting Forces Act 1960, full textChapter navigation and full text, so you can read this section in contextMalaysia legislation Malaysia Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and year Malaysia: what this database coversWhich datasets are here, which official source they come from, and how current they areMalaysia overview