Royal Brunei Armed Forces Act · s 130

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130.
Forfeiture of pay for absence from duty
(1) The pay of an officer or soldier may be forfeited —
(a) for any day of absence in such circumstances as to constitute an offence under section 43 or 44, if the competent authority so directs, of other absence without leave;
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces 104
(b) for any day of imprisonment or detention awarded under this Act by a court-martial, an appropriate superior authority or commanding officer, or of imprisonment or detention of any other description to which he is liable in consequence of an order or sentence of a civil court;
(c) where he is found guilty (whether by court-martial, the appropriate superior authority or his commanding officer) of an offence under this Act, for any day (whether before or after he is found guilty) on which he is in hospital on account of sickness or injury certified by the proper medical officer to have been occasioned by the offence.
(2) The pay of an officer or soldier may be forfeited for any day of absence by reason of his having been made a prisoner of war if the competent authority is satisfied that —
(a) he was made a prisoner of war through disobedience to orders or wilful neglect in the performance of his duty; or
(b) having been made a prisoner of war he —
(i) failed to take any reasonable steps available to him to rejoin the service of His Majesty the Sultan and Yang
Di-Pertuan; and
(ii) served with or helped the enemy in any other manner whatsoever not authorised by international usage, and nothing in subsection (1)(a) shall apply to absence by reason of having been made a prisoner of war.
(3) Regulations made by  His Majesty in Council may make provision as to the computation of time for the purposes of this section and in particular as to the counting or disregarding of part of days.

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s 130Forfeiture of pay for absence from duty

(1)

The pay of an officer or soldier may be forfeited —

(a)

for any day of absence in such circumstances as to constitute an offence under section 43 or 44, if the competent authority so directs, of other absence without leave;

* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces 104

(b)

for any day of imprisonment or detention awarded under this Act by a court-martial, an appropriate superior authority or commanding officer, or of imprisonment or detention of any other description to which he is liable in consequence of an order or sentence of a civil court;

(c)

where he is found guilty (whether by court-martial, the appropriate superior authority or his commanding officer) of an offence under this Act, for any day (whether before or after he is found guilty) on which he is in hospital on account of sickness or injury certified by the proper medical officer to have been occasioned by the offence.

(2)

The pay of an officer or soldier may be forfeited for any day of absence by reason of his having been made a prisoner of war if the competent authority is satisfied that —

(a)

he was made a prisoner of war through disobedience to orders or wilful neglect in the performance of his duty; or

(b)

having been made a prisoner of war he —

(i)

failed to take any reasonable steps available to him to rejoin the service of His Majesty the Sultan and Yang

Di-Pertuan; and

(ii)

served with or helped the enemy in any other manner whatsoever not authorised by international usage, and nothing in subsection (1)(a) shall apply to absence by reason of having been made a prisoner of war.

(3)

Regulations made by His Majesty in Council may make provision as to the computation of time for the purposes of this section and in particular as to the counting or disregarding of part of days.