Malaysia legislation
Section 212
Section 212
Application of the Act to civilians
(2)
The said modifications are—
(a)
the punishment which may be awarded by a court-martial shall include a fine, but shall not include any other punishment less than imprisonment;
(b)
the punishment which may be awarded where a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding two hundred ringgit, but no other punishment;
(c)
the following provision shall have effect in substitution for subsection 93(2), (3) and (4), that is to say, that a person may be arrested by a provost officer, by any warrant officer, chief petty officer, non-commissioned officer or petty officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular forces;
(d)
where a charge is being dealt with summarily and it has been determined that the accused is guilty, a finding shall not be recorded until after the accused has been afforded an opportunity of electing to be tried by court-martial, and if the accused so elects a finding shall not be recorded but such steps shall be taken with a view to the charge being tried by court-martial as may be prescribed by Rules of
Procedure;
Armed Forces 187
(e)
the provisions of this Act relating to the investigation of, and summary dealing with, offences shall save as otherwise expressly provided apply as they apply to officers and warrant officers;
(f)
for the purposes of the provisions of this Act relating to the investigation of offences the commanding officer shall be such officer as may be determined by or under regulations made for the purposes of this section by the Armed Forces
Council with the approval of the Yang di-Pertuan Agong;
(g)
for references in sections 143 and 144 to being, continuing or ceasing to be subject to service law under this Act there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that the said Part V applies, and the said subsection 143(3) shall not apply.
(3)
A fine awarded by virtue of this section, whether by a court-martial or an appropriate superior authority shall be recoverable in the Malaysia as a debt due to Government.
Application of the Act to Particular Forces
Application of the Act to reserve and volunteer forces