Malaysia legislation
Section 6
Section 6
(2)
The persons subject to the jurisdiction of the Service courts and Service authorities of a country in accordance with this section are the following, that is to say:
(a)
members of any visiting force of that country;
(b)
all persons, not being citizens of Malaysia, seconded or temporarily attached to or serving with the armed forces of
Malaysia in accordance with any treaty, arrangement or agreement to which the Government of Malaysia is a party, and who by their terms and conditions of service are subject to the jurisdiction of such courts and authorities; and
(c)
all other persons who, being neither citizens of Malaysia nor ordinarily resident in Malaysia, are for the time being subject to the service law of that country otherwise than as members of that country’s forces;
Provided that for the purposes of this subsection a person shall not be treated as a member of visiting force of a country if he became (or last became) a member of that country’s forces at a time when he was in Malaysia, unless it is shown that he then became a member of those forces with his consent.
(3)
Where any sentence has, whether within or outside Malaysia, been passed by a Service court of a country to which this section applies upon a person who immediately before the sentence was passed was subject to the jurisdiction of that court in accordance with this section, then for the purposes of any proceedings in a court of Malaysia the said Service court shall be deemed to have been properly constituted, and the sentence shall be deemed to be within the jurisdiction of that court and in accordance with the law of that country, and if executed according to the tenor of the sentence shall be deemed to have been lawfully executed.
(4)
Notwithstanding anything in the foregoing provisions of this section, a sentence of death passed by a Service court of a country to which this section applies shall not be carried out in
Malaysia unless under the law of Malaysia a sentence of death could have been passed in a similar case.
Visiting Forces 11
(5)
Any person who—
(a)
is detained in custody in pursuance of a sentence as respects which subsection (3) has effect; or
(b)
being subject in accordance with this section to the jurisdiction of the Service courts of a country to which this section applies, is detained in custody pending or during the trial by such a court of a charge brought against him, shall for the purposes of any proceedings in any court of Malaysia be deemed to be in lawful custody.
(6)
For the purpose of enabling the Service courts and Service authorities of a country to which this section applies to exercise more effectively the powers referred to in subsection (1), the
Minister may, if so requested by the appropriate authority of that country, from time to time by general or special orders direct members of Malaysian forces to arrest any person, being a member of a visiting force of that country, who is alleged to be guilty of an offence punishable under the law of that country, and to hand him over to such Service authority of that country as may be designated by or under such orders.
Restriction as respects certain offences, of trial of offenders connected with visiting force