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Section 173

Salvage by His Majesty’s ships or aircraft

of Armed Forces Act 1972

ActIn forceProvision 188 of 237
Section 173
(1)

Where salvage services are rendered by or with the aid of a ship or aircraft belonging to or in the service of the Yang di-Pertuan

Agong and used in the armed forces, the Federal Government may claim salvage for those services, and shall have the same rights and remedies in respect of those services as any other salvor would have had if the ship or aircraft had belonged to him.

(2)

No claim for salvage services by the commander or any of the officers or servicemen of a ship or aircraft belonging to or in the service of the Yang di-Pertuan Agong and used in the armed forces shall be finally adjudicated upon, unless the consent of the Minister to the prosecution of the claim is proved; and such consent may be given at any time before final adjudication.

156 Laws of Malaysia ACT 77

(3)

Any document purporting to give the consent of the Minister for the purpose of this section shall be evidence of that consent.

(4)

Where a claim for salvage services is prosecuted and the consent of the Minister is not proved, the claim shall be dismissed with costs.

(5)

The Minister may, upon the recommendation of the Attorney-General, accept on behalf of the Yang di-Pertuan Agong and the commander, officers and servicemen or any of them, any offer of settlement with respect to claims for salvage services rendered to any ship or aircraft belonging to or in the service of the Yang di-Pertuan

Agong and used in the armed forces.

(6)

The proceeds of any settlement made under the last foregoing subsection shall be distributed in such manner as the Armed Forces

Council with the approval of the Yang di-Pertuan Agong may prescribe.

Provisions relating to Deserters and Absentees without Leave