Section 153
Custody of proceedings of courts-martial and right of accused to a copy thereof
The record of the proceedings of a court-martial shall be kept in the custody of the Officer-in-Charge of Combined Records,
Malaysian Armed Forces or such other officer or officers as may from time to time be appointed by the Armed Forces Council for that purpose (hereinafter in this section referred to as “the officer in charge”) for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by the next two following subsections shall be capable of being exercised.
(2)
Subject to this section, any person tried by a court-martial shall be entitled to obtain from the officer in charge on demand at any time within the relevant period, and on payment therefor at such rates as may be prescribed, a copy of the record of the proceedings of the court-martial.
(3)
Where a person tried by court-martial dies within the relevant period, his personal representative or any person who, in the opinion of the officer in charge, ought to be treated for the purposes of this subsection as his personal representative shall, subject to the provisions of this section, be entitled to obtain from the officer in charge on demand at any time within the period of twelve months from the death and on payment therefor at the prescribed rates a copy of the record of the proceedings of the court-martial.
(4)
If, on application in pursuance of either of the last two foregoing subsections for a copy of the record of any proceedings, the
Minister certifies that it is requisite for reasons of security that the
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proceedings or any part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or part thereof to which the certificate relates.
(5)
In this section “the relevant period”, in relation to any person tried by court-martial, means the period of five years beginning with the date of his acquittal or, where he was convicted, of the promulgation of the findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of the withholding of confirmation:
Provided that where the proceedings relate to two or more charges and the person tried was acquitted on one or more of the charges and convicted on another or others, the relevant period shall be the period of five years beginning with the date of the promulgation of the findings of guilty and the sentence thereon or of the withholding of confirmation of that finding or those findings.
(6)
Any reference in this section to the record of the proceedings of a court-martial includes a reference to the record of proceedings with respect to the confirmation or revision of the findings and sentence of the court-martial.