Section 88
Civil offences
(1)
Every person subject to service law under this Act who commits a civil offence whether in Malaysia or elsewhere shall be guilty of an offence against this section.
(2)
In this Act the expression “civil offence” means any act or omission punishable by the law of the Federation or which, if committed in Malaysia, would be punishable by that law; and in this
Act the expression “the corresponding civil offence” means the civil
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offence the commission of which constitutes an offence against this section.
(3)
A person convicted by court-martial of an offence against this section shall—
(a)
if the corresponding civil offence is treason be liable to suffer death or any other punishment provided by this Act;
(b)
if the corresponding civil offence is murder be liable to suffer death or any other punishment provided by this Act;
(c)
if the corresponding civil offence is manslaughter be liable to imprisonment or any less punishment provided by this
Act;
(d)
if the corresponding civil offence is rape be liable to imprisonment or any less punishment provided by this Act;
and
(e)
in any other case be liable to suffer any punishment which a civil court could award for the corresponding civil offence, being a punishment provided by this Act, or such punishment less than the maximum punishment which a civil court could so award, as is so provided:
Provided that where a civil court could not so award imprisonment, a person so convicted shall be liable to suffer such punishment, less than dismissal with disgrace from His Majesty’s service in the case of an officer or detention in the case of a serviceman, as is so provided.
(4)
A person shall not be tried by court-martial for an offence of treason, murder, manslaughter or rape unless such person at the time he committed the offence was on active service or serving outside
Malaysia.
78 Laws of Malaysia ACT 77
Punishments