Malaysia legislation
Section 38
Section 38
(1)
Every person subject to service law under this Act who with intent to assist the enemy—
(a)
abandons or delivers up any place or post which it is his duty to defend, or induces any person to abandon or deliver up any place or post which it is that person’s duty to defend;
(b)
surrenders any ship or aircraft to the enemy when it is capable of being successfully defended or destroyed;
(c)
surrenders any base, airfield or other defence establishment or installation to the enemy when it is
Armed Forces 47
capable of being successfully defended or when it is his duty to cause it to be destroyed;
(d)
does any act calculated to imperil the success of operations of His Majesty’s armed forces, of any forces co-operating therewith or of any part of any of those forces;
(e)
having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorized by international usage;
(f)
furnishes the enemy with arms or ammunition or with supplies of any description or with any other thing likely to assist him;
(g)
harbours or protects an enemy not being a prisoner of war;
(h)
gives any false air signal or alters or interferes with any air signal or any apparatus for giving an air signal;
(i)
when ordered by his superior officer, or otherwise under orders, to carry out any warlike operations in the air fails to use his utmost exertion to carry such orders into effect; or
(j)
causes the capture or destruction by the enemy of any of
His Majesty’s ships or aircraft or the ships or aircraft of any force co-operating with His Majesty’s armed forces, shall, on conviction by court-martial, be liable to suffer death or any other punishment provided by this Act.
(2)
Every person subject to service law under this Act who knowingly and without lawful excuse does any of the acts specified in subsection (1) shall, where it is not proved that he acted with intent to assist the enemy, be liable, on conviction by court-martial, to imprisonment or any less punishment provided by this Act.
48 Laws of Malaysia ACT 77
(3)
Every person subject to service law under this Act who negligently causes the capture or destruction by the enemy of any of
His Majesty’s ships or aircraft or the ships or aircraft of any force cooperating with His Majesty’s armed forces shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
Misconduct by commanders when in action