Malaysia legislation
Section 27
Section 27
(1)
Where, at the time at which apart from this section a serviceman would be entitled to be discharged or would fall to be transferred to the reserve, a state of war exists between the Yang di-Pertuan Agong and any foreign power, or a Proclamation of
Emergency issued by the Yang di-Pertuan Agong under Article 150 of the Federal Constitution is in force, or reservists in the Regular Forces
Reserve have been called out for service, or he is serving outside
Malaysia, he may be retained in full-time service for such period as is hereinafter mentioned, and his service may be prolonged accordingly.
(2)
No person shall be retained in full-time service by virtue of this section later than the expiration of twelve months after the date on which apart from this section he would be entitled to be discharged.
(3)
Subject to the provisions of the last foregoing subsection, a person who apart from this section would be entitled to be discharged may be retained in full-time service for such period as the competent authority may order.
(4)
Subject as aforesaid, a person who apart from this section would fall to be transferred to the reserve may be retained in fulltime service for such period, ending not later than twelve months after the date on which apart from this section he would fall to be transferred to the reserve, as the competent authority may order or for any period or
40 Laws of Malaysia ACT 77
further period during which reservists of the Regular Forces Reserve continue to be called out for service.
(5)
If while a person is being retained in full-time service by virtue of this section it appears to the competent authority that his services can be dispensed with, he shall be entitled to be discharged or transferred to the reserve, as the case may require.
(6)
Where, at the time at which under the foregoing subsections a person is entitled to be discharged or transferred to the reserve, a state of war exists between the Yang di-Pertuan Agong and any foreign power, he may, by declaration made in the prescribed form before his commanding officer, agree to continue in full-time service while such a state of war exists; and if the competent authority approves, he may continue accordingly as if the period for which his term of service could be prolonged under the foregoing provisions of this section were a period continuing so long as a state of war exists:
Provided that if it is so specified in the declaration, he shall be entitled to be discharged or transferred to the reserve, as the case may require, at the expiration of three months’ notice given by him to his commanding officer.
(7)
In relation to persons serving outside Malaysia, references in this section to being entitled to be transferred to the reserve shall be construed as references to being entitled to be sent back to Malaysia on with all convenient speed for the purpose of being transferred to the reserve.
Discharge