Malaysia legislation

Section 11P

of NATIONAL SERVICE ACT 1952

Section 11P

Provisions as to offences triable both by court martial and by civil court

The following provisions shall have effect as respects the trial and punishment of persons in the national service reserve charged with offences which in pursuance of this Part are cognizable both by a court martial and by a civil court:

(a)

a person shall not be liable to be tried in both of the following ways, that is to say, on the one hand by court martial or by the case being disposed of summarily

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by his commanding officer and on the other hand by a civil court, but shall be proceeded against in such one or other of those ways as may be prescribed;

(b)

proceedings against a person so charged, before either a court martial or his commanding officer or a civil court, may be instituted whether or not the term of the person’s service in the national service reserve has expired;

(c)

any such proceedings may, notwithstanding anything in any other written law, be instituted within two months after whichever of the following events is the later, that is to say—

(i)

the time at which the offence becomes known to an officer who by rules made under this Act has power to direct the way in which the offender is to be tried; or

(ii)

the time at which the offender is apprehended, whether by a civil or a military authority;

(d)

nothing in any other written law which prescribes for a period of limitation respecting the time for the hearing and determining of offences shall apply in the case of any proceedings so instituted as aforesaid.

Record of illegal absence