Section 106
Supplementary provisions as to constitution of courts-martial
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.
98 Laws of Malaysia ACT 77
(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 president, being of opinion that a major or its equivalent having suitable qualifications is not, with due regard to the public service, available, the order convening the court-martial shall contain a statement of such opinion, and that statement shall be conclusive.