Section 140

Subject to the following provisions of this section, a person sentenced under this Act, by a court-martial held outside Malaysia, to imprisonment for more than twelve months shall, as soon as

128 Laws of Malaysia ACT 77

practicable after the confirmation of the sentence is completed, be removed to Malaysia.

Where a person has been sentenced under this Act, by a court-martial held outside Malaysia, 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 not be required to be removed to Malaysia until he has served such part of his sentence, not exceeding (in the case of a sentence of more than two years imprisonment) two years, as may be specified in the direction; and in determining whether or not to exercise the powers conferred by this subsection, a confirming officer or a reviewing authority shall have regard to any recommendation in that behalf made by the court-martial.

Any direction of a confirming officer under this section may at any time be revoked by the confirming officer or a reviewing authority, or superseded by any direction of the confirming officer or a reviewing authority which the confirming officer or reviewing authority could have given under the last foregoing subsection; and any direction of a reviewing authority under this section may at any time be revoked by the reviewing authority or superseded as aforesaid.

Any direction given under this section, and any revocation of any such direction, shall be promulgated.

In ascertaining at any time for the purposes of this section the nature or length of a sentence regard shall be had to any commutation or remission of the sentence previously directed.

Temporary reception in civil custody of persons under arrest