Royal Brunei Armed Forces Act · 1984 Revised Edition · Part · Forfeitures and Deductions and Enforcement of Maintenance Liabilities
130. Forfeiture of pay for absence from duty
Official textFrom Attorney General's Chambers, unchanged
The pay of an officer or soldier may be forfeited —
officer
“officer” means any person commissioned into the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan under this Act but does not include any person serving under any loan agreement or contract with the Government;
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]
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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;
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.
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 —
soldier
“soldier” means any person other than an officer, enlisted in the Armed Forces under or by virtue of the provision of this Act, but does not, except whereit is expressly provided, include an officer cadet; * Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan —
he was made a prisoner of war through disobedience to orders or wilful neglect in the performance of his duty; or
having been made a prisoner of war he —
failed to take any reasonable steps available to him to rejoin the service of His Majesty the Sultan and Yang
Di-Pertuan; and
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.
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.
Terms defined in s 2
appropriate superior authority
Defined · s 2“appropriate superior authority” has the meaning assigned to it by sections 77(1) and 83(2);
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
civil court
Defined · s 2“civil court” means a court of ordinary criminal jurisdiction in Brunei Darussalam;
commanding officer
Defined · s 2“commanding officer” has the meaning assigned to it by section 83(1);
competent authority
Defined · s 2“competent authority” means His Majesty the Sultan and Yang Di-Pertuan or any officer or officers for the time being authorised by His Majesty the Sultan Yang Di-Pertuan to exercise or perform all or any of the powers or duties conferred or imposed upon the competent authority under this Act;
enemy
Defined · s 2“enemy” includes all persons engaged in armed operations against any of the forces of His Majesty the Sultan and Yang Di-Pertuan or any forces co-operating with such persons, and also includes all armed mutineers, armed rebels, armed rioters and pirates;
officer
Defined · s 2“officer” means any person commissioned into the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan under this Act but does not include any person serving under any loan agreement or contract with the Government;
service
Defined · s 2“service”, when used adjectively, means belonging to or connected with the Armed Forces or the Reserve Regiment or any part of either of such forces;
soldier
Defined · s 2“soldier” means any person other than an officer, enlisted in the Armed Forces under or by virtue of the provision of this Act, but does not, except whereit is expressly provided, include an officer cadet; * Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan —