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Section 41

Communication with the enemy

of Armed Forces Act 1972

ActIn forceProvision 52 of 237
Section 41

(1)

Every person subject to service law under this Act who with intent to assist the enemy communicates with or gives intelligence to the enemy 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 who without authority communicates with or gives intelligence to the enemy shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

(3)

In this section the expression “intelligence” means information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful to the enemy, and in particular (but without prejudice to the generality of the foregoing provisions) as to any matter falling within the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is to say:

50 Laws of Malaysia ACT 77

(a)

the number, description, armament, equipment, disposition, movement or condition of any of His

Majesty’s armed forces or of any forces co-operating therewith or any of His Majesty’s ships or aircraft or of the ships or aircraft of any such co-operating force;

(b)

any operations or projected operations of any of such forces, ships or aircraft as aforesaid;

(c)

any code, cipher, call sign, password or countersign;

(d)

any measures for the defence or fortification of any place on behalf of His Majesty;

(e)

the number, description or location of any prisoners of war;

(f)

munitions of war.

Offences against morale