Section 117

having been duly summoned as a witness before a court-martial, fails to comply with the summons;

refuses to swear an oath when duly required by a court-martial to do so;

refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce;

when a witness, refuses to answer any question which a court-martial has lawfully required him to answer;

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 willfully insults any such person as aforesaid while that person is going to or returning from the proceedings of a court-martial;

wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court-martial; or

106 Laws of Malaysia ACT 77

does any other thing which would, if a court-martial had been a court of law having power to commit for contempt, have been contempt of that court, the president of the court-martial may certify the offence of that person under his hand to any court of law in that part of Malaysia where the offence is alleged to have been committed, being a court having power to commit for contempt, and that court of law may thereupon inquire into the alleged offence, and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court to which the offence is certified.

Affirmations