Section 2

the wife or husband of any such member; or

wholly or mainly maintained or employed by any such member; or

is in the custody, charge or care, or who forms part of the family of any such member;

“Malaysian authorities” means the authority or authorities from time to time authorized or designated by the Government of Malaysia for the purpose of exercising the powers in relation to which the expression is used;

“forces”, in relation to a country, means any of the naval, military or air forces of that country;

“law of Malaysia” means any written law for the time being in force in Malaysia or any part thereof, and includes the Federal

Constitution;

“member” in relation to a visiting force, means a member of the force of a sending country, being one of the members thereof for the time being appointed to serve with such visiting force, and includes any person in Malaysia for the time being voluntarily enlisted in such force;

Visiting Forces 7

“sending country”, in relation to a visiting force, means the country of whose forces the visiting force forms part;

“Service authorities” means the authorities of a force who are empowered by the law of the country of whose forces the visiting force forms part to exercise command or jurisdiction over members of a force;

“Service court” means a court established under service law and includes any authority of a country who under the law thereof is empowered to review the proceedings of such a court or to try or investigate charges brought against persons subject to the service law of that country; and references to trial by, or to sentences passed by, Service courts of a country shall be construed respectively as including references to trial by, and to punishment imposed by, such an authority in the exercise of such power;

“service law”, in relation to a country, means the law governing all or any of the forces of that country;

“visiting force” for the purposes of this Act means any body, contingent or detachment of the forces of a country to which that provision applies, being a body, contingent or detachment for the time being lawfully present in Malaysia pursuant to any treaty, agreement or arrangement to which the Government of Malaysia is a party.

For the purposes of this Act a member of a force of any country which (by whatever name called) is in the nature of a reserve or auxiliary force shall be deemed to be a member of that country’s forces so long as, but only so long as, he is called into actual service (by whatever expression described) or is called out for training; and any reference in this Act to a person’s becoming a member of a country’s forces shall be construed accordingly.

References in this Act to the appropriate authority of a country are references to such authority as may be appointed by the Government of that country for the purposes of that provision.

References in this Act to the presence of any forces in

Malaysia at any time shall be construed as including references to their being at that time in transit to Malaysia.

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In determining for the purposes of this Act whether a person is or was at any time ordinarily resident in Malaysia, no account shall be taken of any period during which he has been or intends to be present in Malaysia while being a member of a visiting force or of a civilian component of such a force, or while being a dependant of a member of a visiting force or of such a civilian component.

Countries to which this Act applies