VISITING FORCES ACT 1960

Visiting Forces LAWS OF MALAYSIA REPRINT Act 432 VISITING FORCES ACT 1960 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 VISITING FORCES ACT 1960 First enacted … ... ... ... … … … 1960 (Act No. 23 of 1960) Revised 1990 (Act 432 w.e.f 31 March 1990) … … … … … … … PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 432 VISITING FORCES ACT 1960 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation 3. Countries to which this Act applies 4. Definition of membership of civilian component of visiting force 5. Definition of relevant association PART II VISITING FORCES 6. Exercise of powers by Service courts and authorities of countries sending visiting forces 7. Restriction as respects certain offences, of trial of offenders connected with visiting force 8. Malaysian courts to have regard to sentences of Service courts 9. Arrest, custody, etc., of offenders against Malaysian law 10. Restriction on proceedings in respect of service of members, etc., of visting force 11. Provisions as to Magistrates’ or Coroners’ inquests and as to removal of bodies of deceased persons 12. Application to visiting forces of law relating to Malaysian forces 13. Settlement of claims against visiting forces 14. Evidence for purposes of Part II 4 Laws of Malaysia ACT 432 P ART III DESERTERS AND ABSENTEES WITHOUT LEAVE Section 15. Apprehension and disposal of deserters and absentees without leave 16. Evidence for purposes of section 15 PART IV ATTACHMENT OF PERSONNEL AND MUTUAL POWERS OF COMMAND 17. Attachment of personnel and mutual powers of command PART V SUPPLEMENTARY PROVISIONS 18. Provisions as to proof of facts by certificate 19. Repeal SCHEDULE Visiting Forces 5 LAWS OF MALAYSIA Act 432 VISITING FORCES ACT 1960 An Act relating to naval, military and air forces of certain other countries visiting Malaysia, and the apprehension and disposal of deserters or absentees without leave in Malaysia from the forces of such countries, and other matters connected therewith. [Peninsular Malaysia—30 July 1960; Sabah and Sarawak—16 September 1963, L.N. 232/1963] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Visiting Forces Act 1960. (2) This Act shall apply throughout Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “authorized service organization” means a body organized for the benefit of or to serve the welfare of a force or civilian component or dependant; 6 Laws of Malaysia ACT 432 “civilian component” means the civilian personnel accompanying a force, who are employed in the service of a force or by an authorized service organization accompanying a force, and who are not stateless persons nor citizens of, nor ordinarily resident in Malaysia; “the court” includes a Service court; “court of Malaysia” means any court in Malaysia other than a Service court; “Malaysian forces” means any of the armed forces of Malaysia for the time being serving in Malaysia, and includes any police force, and other body which by virtue of any law of Malaysia is or is deemed to form part of the armed forces of Malaysia; “dependant” in relation to a member of a force or civilian component means a person who is not ordinarily resident in Malaysia and who is— (a) the wife or husband of any such member; or (b) wholly or mainly maintained or employed by any such member; or (c) 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. (2) 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. (3) 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. (4) 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. 8 Laws of Malaysia ACT 432 (5) 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 3. (1) References in this Act to a country to which this Act applies are references to any country designated for the purpose of that provision by order of the Yang di-Pertuan Agong under subsection (2). (2) Where it appears to the Yang di-Pertuan Agong that it is expedient that all or any of the provisions of this Act should have effect in relation to any country, he may by order designate that country for the purposes of such provisions. (3) The Yang di-Pertuan Agong may by order provide that insofar as this Act has effect in relation to any country designated under subsection (2), it shall have effect subject to such limitations, adaptations or modifications (including the limitation, adaptation or modification of any definition herein) as may be specified in such order. Definition of membership of civilian component of visiting force 4. (1) In Part II references to a member of a civilian component of a visiting force are references to a person for the time being fulfilling the following conditions, that is to say: (a) that he holds a passport issued in respect of him by a Government, not being a passport issued by the passport authorities of Malaysia; (b) that the passport contains an uncancelled entry made by or on behalf of the appropriate authority of the sending country stating that he is a member of a civilian component of a visiting force of that country; and Visiting Forces 9 (c) that the passport contains a note of recognition of that entry by or on behalf of the Minister charged with responsibility for immigration which has not been cancelled and as respects which no notification in writing has been given by or on behalf of (such) Minister to the appropriate authority of the sending country stating that the recognition is withdrawn. (2) The reference in paragraph (1)(c) to a note of recognition of an entry in a passport is a reference to any mark or indication made in the passport by or on behalf of the Minister charged with responsibility for immigration signifying that the entry has been noted and approved. (3) In this section the expression “passport” includes any document which, in accordance with the law for the time being in force in Malaysia, would be treated as the equivalent of a passport in the case of a person entering Malaysia, being a national of the country by whose Government the document is issued. Definition of relevant association 5. In Part II references to person’s having at any time a relevant association with a visiting force are references to his being at that time a person of one or other of the following descriptions: (a) a member of that visiting force or a member of a civilian component of that force; (b) a person (not being a citizen of Malaysia or ordinarily resident in Malaysia) being a dependant of a member of that visiting force or of a civilian component of that force. PART II VISITING FORCES Exercise of powers by Service courts and authorities of countries sending visiting forces 6. (1) The Service courts and Service authorities of a country to which this section applies may within Malaysia, or on board any ships or aircraft belonging to any Government in Malaysia, exercise 10 Laws of Malaysia ACT 432 over persons subject to their jurisdiction in accordance with this section all such powers as are exercisable by them according to the law of that country. (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