Section 2

parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

engines, armaments, ammunition, bombs and other missiles of any description in, or for use in, aircraft;

any other gear, apparatus or instruments in, or for use in, aircraft;

any apparatus used in connection with the taking off or landing of aircraft or for detecting the movement of aircraft; and

any fuel or other substances used for the propulsion of aircraft and any material used as a lubricant or coolant for aircraft or aircraft material;

“air signal” means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft;

“appointed date” means a date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for the coming into force of the various provisions and such dates may be dates earlier than the date of publication of this Act;

“appropriate superior authority” has the meaning assigned to it by subsection 101(2);

“armed forces” or “His Majesty’s armed forces” includes the regular forces and volunteer forces of Malaysia and any other forces

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which may be declared by the Yang di-Pertuan Agong from time to time to be armed forces;

“Armed Forces Council” means the council established under

Article 137 of the Federal Constitution;

“arrest” includes open arrest and arrest by the civil power;

“basic pay” means any such emoluments of an officer or serviceman as may from time to time be defined by regulations made under section 157 as basic pay for the purposes of this Act;

“before the enemy”, in relation to a person, means that he is in action against the enemy or about to go into action against the enemy or is under attack or threat of imminent attack by the enemy;

“Board of Inquiry Rules” means rules governing boards of inquiry made by the Minister under section 147;

“civil court” means a court of ordinary criminal jurisdiction but does not, except where otherwise expressly provided, include any such court outside Malaysia;

“civil custody” means any prison, gaol or other place in Malaysia in which offenders sentenced by a civil court in Malaysia can lawfully be confined, and, if sentenced out of Malaysia, any prison, gaol or other place in which a person sentenced to a term of imprisonment by a civil court having jurisdiction in the place where the sentence was passed, can for the time being lawfully be so confined;

“civil offence” has the meaning assigned to it by subsection 88(2);

“commanding officer”, in relation to any person, means the officer, whatever his rank may be, who is in immediate command of the unit, ship, station or establishment to which the person belongs or is attached;

“competent authority” means the Armed Forces Council or any officer appointed by the Armed Forces Council in that behalf;

Armed Forces 19

“court-martial”, except where it is otherwise expressly provided, means a court-martial under this Act;

“damage” includes destruction, and references to damaging shall be construed accordingly;

“decoration” includes medal, medal ribbon, clasp and good-conduct badge;

“defence establishment” means any area, building or structure under the control of the Minister, and the material and other things situate in or on any such area, building or structure;

“emergency” includes war, invasion, riot, insurrection and civil disaster whether actual or apprehended;

“enemy” includes all persons engaged in armed operations against any of His Majesty’s armed forces or any forces co-operating therewith and also includes armed mutineers, armed rebels, armed rioters and pirates;

“fraudulent misapplication” includes, where applicable, an offence of criminal breach of trust as defined in the Penal Code [Act 574] and the words “fraudulently misapplies” shall be construed accordingly;

“His Majesty’s aircraft” means any aircraft in the service of His

Majesty, whether belonging to His Majesty or not;

“His Majesty’s ship” means any commissioned ship of the Royal

Malaysian Navy or the Royal Malaysian Naval Volunteer Reserve and any ship engaged in the service of His Majesty, whether belonging to

His Majesty or not;

“Imprisonment and Detention Rules” means rules governing the imprisonment and detention of persons subject to service law under this Act made by the Minister under section 137;

“Minister” means the Minister charged with responsibility for defence;

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“officer” means any person of or above the rank of midshipman or officer cadet who has been appointed to or commissioned in the armed forces and (subject to such adaptation and modification as may be prescribed by any written law or the conditions of service relating to such appointment, secondment, attachment or loan) any officer of any naval, military or air forces of a foreign country duly appointed, seconded, attached or on loan to the armed forces;

“Perintah Majlis Angkatan Tentera” means instructions or orders issued by the Armed Forces Council pursuant to this Act;

“provost officer” means a provost marshal or officer appointed to exercise the functions conferred by or under this Act on provost officers;

“public property” means any property whether movable or immovable belonging to any department of the Federal Government or held for the purposes of any such department;

“regular forces” includes the Malaysian Army, the Royal Malaysian

Navy and the Royal Malaysian Air Force:

Provided that an officer of the Regular Forces Reserve or an officer who is retired within the meaning of any written law shall not be treated as a member of the regular forces save in so far as expressly provided by this Act;

“reserve” means the Regular Forces Reserve established under section 189;

“reservists” means the officers and servicemen who upon termination or completion of their full time service with the regular forces are required under Part VIII to serve in the Regular Forces

Reserve;

“Rules of Procedure” has the meaning assigned to it by section 119;

“service” when used adjectivally means belonging to or connected with the armed forces or any part of the said forces.

Armed Forces 21

“Service Chief” means the Chief of the Army, the Chief of the Navy or the Chief of the Air Force, as the case may be;

“serviceman” means any person, other than an officer, who is enlisted in the regular forces and (subject to such adaptation and modification as may be prescribed by any written law or the conditions of service relating to such appointment, secondment, attachment or loan) any serviceman of any naval, military or air forces of a foreign country duly appointed, seconded, attached or on loan to the regular forces;

“service property” includes property belonging to a unit institution or a unit mess or any local organization corresponding with the Navy,

Army and Air Force Institutes of the British Forces;

“steal” means to commit theft as defined in the Penal Code;

“stoppages” means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by an offence committed against this Act;

“superior officer” means any officer or serviceman who, in relation to any other officer or serviceman, is by this Act or by regulations made thereunder or by custom of the Service, authorized to give a lawful command to that other officer or serviceman;

“volunteer” means a member of any of the volunteer forces who is not a commissioned officer in such a force;

“volunteer forces” includes the Territorial Army, Royal Malaysian

Naval Volunteer Reserve and Royal Malaysian Air Force Volunteer

Reserve.

Provisions as to active service