Malaysia legislation
Section 14
Section 14
Provisions relating to the armed forces
(a)
at the time when that thing is suffered by that other person, he is either on duty as a member of the forces or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the forces; and
(b)
the Minister of Finance certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to an award under any written law relating to the disablement or death of members of the force of which he is a member:
Provided that this subsection shall not exempt a member of the said forces from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of those forces.
Government Proceedings 15
(2)
No proceedings in tort shall lie against the Government for death or personal injury due to anything suffered by a member of the forces if—
(a)
that thing is suffered by him in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as aforesaid, or in consequence of the nature or condition of any equipment or supplies used for the purposes of those forces; and
(b)
the Minister of Finance certifies as mentioned in the preceding subsection, nor shall any act or omission of an officer of the Government subject him to liability in tort for death or personal injury, in so far as the death or personal injury is due to anything suffered by a member of the forces being a thing as to which the conditions aforesaid are satisfied.
(3)
The Minister charged with the responsibility for Defence and Internal Security, if satisfied that it is the fact—
(a)
that a person was or was not on any particular occasion on duty as a member of the forces; or
(b)
that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used for the purposes of the said forces;
may issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies.
(4)
In this section the expression—
(a)
“armed forces” means any armed force, whether volunteer or otherwise, raised and maintained in Malaysia;
(b)
“forces” includes the armed forces and the police force;
and
(c)
“police force” means the Royal Malaysia Police and includes any volunteer, auxiliary or special force attached to, or coming under the jurisdiction of, that Force.
Saving in respect of acts done under prerogative and statutory powers