Malaysia legislation

Section 14

of VISITING FORCES ACT 1960

Section 14

(2)

For the purposes of this Part a certificate issued by or on behalf of the appropriate authority of a country, stating, as respects a person specified in the certificate—

(a)

that on a date so specified he was sentenced by a Service court of that country to such punishment as is specified in the certificate; or

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(b)

that he is, or was at a time so specified, detained in custody in pursuance of a sentence passed upon him by a Service court of that country or pending or during the trial by such a court of a charge brought against him; or

(c)

that he has been tried, at a time and place specified in the certificate, by a Service court of that country for a crime so specified, shall in any proceedings in any court of Malaysia be conclusive evidence of the facts so stated.

(3)

For the purposes of section 4 the following provisions shall have effect in any proceedings in any court of Malaysia, that is to say:

(a)

a document purporting to be a passport issued by or on behalf of a Government and to be so issued in respect of a person bearing the name in which a person is referred to in the proceedings (whether as a party thereto or otherwise) shall, unless the contrary is proved, be deemed to have been issued by that Government and to relate to the person so referred to;

(b)

an entry in a passport containing such a statement as is mentioned in paragraph 4(1)(b) and purporting to be made by or on behalf of the appropriate authority of the sending country shall, unless the contrary is proved, be deemed to have been so made; and

(c)

a mark or indication in a passport purporting to be made by or on behalf of the Minister shall, unless the contrary is proved be deemed to have been so made.

(4)

For the purposes of this Part, the production of an uncancelled entry made by or on behalf of the appropriate authority of the sending country in a document purporting to be a passport issued by a Government (other than Malaysia) stating that the person mentioned therein (not being a citizen of Malaysia or ordinarily resident therein) is a dependant of a member of a visiting force of that country or of a civilian component of that Force shall in any proceedings in any court of Malaysia be sufficient evidence of the fact so stated unless the contrary is proved.

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(5)

Where a person is charged with an offence against the law of Malaysia and at the time when the offence is alleged to have been committed he was a member of a visiting force or a member of a civilian component of such a force, a certificate issued by or on behalf of the appropriate authority of the sending country, stating that the alleged offence, if committed by him, arose out of and in the course of his duty as a member of that force or component, as the case may be, shall in any such proceedings as aforesaid be sufficient evidence of that fact unless the contrary is proved.

(6)

For the purposes of subsection 7(1) any certificate of the

Public Prosecutor given thereunder shall in any proceedings be conclusive evidence of the facts stated therein.

Section 14 — VISITING FORCES ACT 1960 | mylaw.my