Section 98
Further proceedings on charges against commissioned officers and warrant officers
(1)
After investigating a charge against a commissioned officer or a warrant officer the commanding officer shall, unless he has dismissed the charge, submit it in the prescribed manner to higher authority; and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with the two next following subsections.
(2)
If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.
(3)
If the charge is not so referred, the prescribed steps shall be taken with a view to its being tried by court-martial.
(4)
Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty:
Provided that, if, in the course of investigating the charge, the authority determines that it is desirable that the charge should be tried by court-martial, the prescribed steps shall be taken with a view to its being so tried.
(5)
If the appropriate superior authority records a finding of guilty, the authority may award one or more of the following punishments, that is to say:
(a)
forfeiture of seniority of rank or in the case of an officer whose promotion depends upon length of service, forfeiture of all or any part of his service for purposes of promotion;
(b)
a fine;
(c)
severe reprimand or reprimand;
92 Laws of Malaysia ACT 77
(d)
where the offence has occasioned any expense, loss or damage, stoppages, except that he may not award both forfeiture of seniority of rank and a fine.
(6)
Notwithstanding anything in subsection (4), where the appropriate superior authority has determined that the accused is guilty and if the charge is dealt with summarily will award forfeiture of seniority of rank or service or stoppages, or where a finding of guilty will involve a forfeiture of pay, the authority shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects, the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.