Malaysia legislation
Section 216
Section 216
Transitional provisions
(2)
In relation to an offence against any section in Part I of the
Malay Regiment Enactment [F.M.S. Cap. 42] or against sections 11 to 14 inclusive of the Air Force Ordinance 1958 [Ord. 20 of 1958], or against sections 2 to 42 inclusive of the Naval Discipline Act 1957 [5
and 6 Eliz. 2.], of the United Kingdom as applied by section 10 of the
Navy Ordinance 1958 [Ord. 27 of 1958] (hereinafter collectively referred to as “the said sections”) sections 89 to 144 inclusive and sections 149 to 155 inclusive of this Act and the rules and regulations made under sections 119, 137 and 155 shall apply as if the said sections had been contained in this Act and this Act had been in force when the offence was committed and as if any finding or sentence having effect before the appointed day, and anything done before that day by virtue of or in relation to such finding or sentence had been come to, awarded or done under this Act:
Provided that nothing in this subsection shall render an offence capable of being tried by court-martial or dealt with summarily, if by reason of the time or place of the commission of the offence it could not have been so tried or dealt with under or by virtue of any of the written laws repealed by this Act.
(3)
Notwithstanding anything in the foregoing subsection, where any proceedings for such an offence as aforesaid have been begun before the appointed day, any step taken in the proceedings taken after that day shall be deemed to be validly taken if taken under or by virtue of any of the written laws repealed by this Act.
(4)
In section 146 references to this Act or to any provision thereof shall be construed as including respectively references to the written
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laws repealed by this Act or to the corresponding provisions of the
Naval Discipline Act 1957, of the United Kingdom.
(5)
Where after the appointed day a person is alleged—
(a)
to have committed an offence continuing over a period beginning before that day and ending thereon or thereafter;
or
(b)
to have committed an offence between two dates falling within such a period, and the offence would be one against a provision in Part V if this Act had been in force at all material times, he may be proceeded against as if this Act had so been in force.
(6)
If immediately before the appointed day any person is being detained in service under section 66 of the Malay Regiment Enactment or under section 15 of the Navy Ordinance 1958, then in calculating for what period he may be retained and his service prolonged under the corresponding provisions of this Act account shall be taken of the period for which he has been so detained, or his service prolonged, under the said provisions of this Act.
(7)
If immediately before the appointed day a proclamation of the
Yang di-Pertuan Agong made under paragraph 67(iv) of the Malay
Regiment Enactment is in force it shall continue in force as if made under the corresponding provisions of this Act.
(8)
Any order authorizing the discharge of a person given before the appointed day by an officer prescribed in that behalf under any of the written laws repealed by this Act shall be treated for the purposes of subsection 28(3) as an order of the competent authority.
(9)
The powers conferred by this Act of restoring forfeited service and remitting forfeitures and deductions shall be exercisable in relation to service forfeited and forfeitures and deductions imposed under or by virtue of any of the written laws repealed by this Act.
192 Laws of Malaysia ACT 77
(10)
Any forfeiture or deduction from pay having effect under or by virtue of any of the written laws repealed by this Act immediately before the appointed day shall, subject to the last foregoing subsection, continue to have effect on and after the appointed day.
(11)
Any order having effect immediately before the appointed day under or by virtue of the provisions of any of the written laws repealed by this Act corresponding with sections 164 and 165 shall continue to have effect as if made under this Act, and section 166 shall apply accordingly.
(12)
Any document made before the appointed day which would have been admissible in evidence under or by virtue of the provisions of any of the written laws repealed by this Act, or those provisions as applied by any other enactment, shall be admissible to the like extent and in the like proceedings on and after the appointed day.
(13)
If immediately before the appointed day any declaration or renewal is in force under section 123 of the Malay Regiment
Enactment, it shall continue in force as if made under the corresponding provisions of this Act.
Repeal of existing enactment and ordinances