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Cap. 220 · Malta Armed Forces Act (Cap. 220)

Cap. 220 Art. 144Forfeiture of pay for absence from duty.

PART V

En vigueurTexte officiel

(1) The pay of an officer or man of the regular force may be forfeited -

(a) for any day of absence in such circumstances as to constitute an offence under article 50 or 51 or, if the Commander or an officer authorised by him so directs, of other absence without leave;

(b) for any day of imprisonment, detention or field punishment awarded under this Act by a court-martial or commanding officer, or of imprisonment or detention to which he is liable in consequence of a 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 man of the regular force may be forfeited for any day of absence by reason of his having been made a prisoner of war if the Commander or an officer authorised by him is satisfied -

(a) that he was made a prisoner of war through disobedience to orders or wilful neglect of his duty; or

(b) that having been made a prisoner of war he failed to take any reasonable steps available to him to rejoin the service; or

(c) that having been made a prisoner of war he served with or aided the enemy in the prosecution of hostilities or measures calculated to influence the morale or in any other manner whatsoever not authorised by international usage, and nothing in paragraph (a) of the last foregoing sub-article shall apply to absence by reason of having been made a prisoner of war.

(3) For the purposes of the foregoing provisions of this article the number of days that a person is absent or is in hospital shall be computed as follows:

(a) the number of days shall be reckoned from the time when the absence or, as the case may be, the time spent in hospital commences;

(b) each period of twenty-four hours shall be reckoned as one day and, save as hereinafter provided, a part of a day shall be reckoned as one day;

(c) when the total period of the absence or time spent in hospital is less than six hours, no account shall be taken thereof unless the person was, by reason of his being absent or in hospital, prevented from performing a military duty which was thereby thrown on some other person.