Section 119
Rules of Procedure
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 the purpose of investigating or dealing summarily with such charges or otherwise as a preliminary to the trial thereof by court-martial, so however that the Rules of Procedure shall make provision for the application of section 109 in any case where the accused requires that the evidence shall be taken on oath;
(c)
the addition to, or substitution for, a charge which has been investigated of a new charge for an offence disclosed by evidence taken on the investigation, and the treating of the investigation as the investigation of the new charge;
(d)
the convening and constitution of courts-martial;
(e)
the sittings, adjournment and dissolution of courts-martial;
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(f)
the procedure to be observed in trials by courts-martial;
(g)
the representation of the accused at such trials;
(h)
procuring the attendance of witnesses before courts-martial and at the taking of evidence in pursuance of Rules of Procedure made under paragraph (b);
(i)
applying in relation to proceedings before commanding officers and appropriate superior authorities and otherwise in relation to proceedings prior to trial by court-martial of all or any of the provisions of the four last foregoing sections;
(j)
empowering a court-martial or the convening officer, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by a court-martial;
(k)
empowering a court-martial where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of a like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence;
(l)
the form of orders and other documents to be made for the purposes of any provisions of this Act or the Rules of
Procedure relating to the investigation or trial of, or award of punishment for, offences cognizable by courts-martial, commanding officers or appropriate superior authorities, or to the confirmation and revision of the findings and sentences of courts-martial; and
(m)
any other matter which by this Part is required or authorized to be prescribed.
(3)
Rules of Procedure made by virtue of paragraph (j) of the last foregoing subsection shall secure that the power to amend charges
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shall not be exercisable in circumstances substantially different from those in which charges are amendable by a civil court in Malaysia, or otherwise than subject to the like conditions, as nearly as circumstances permit, as those subject to which charges are so amendable, and shall not be exercisable by a court-martial (otherwise than for the purpose only of correcting a mistake in the name or description of the accused or a clerical error or omission) unless there is a judge advocate present at the trial.
(4)
Rules of Procedure shall not make provisions with respect to the carrying out of sentences passed by courts-martial or of other punishments awarded under this Part.
(5)
A Rule of Procedure which is inconsistent with the provisions of this Act shall, to the extent of the inconsistency, be void.