CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 51

Establishment

3.

of military courts.

Constitution of the Superior Court.

4.

- 2

There shall be established in and for the Malay Peninsula the following military courts:-

(a) the Superior Court sitting as a British Officer

Court or an Assessor Court; and

(b) District Courts.

PART II - THE SUPERIOR COURT

(1) The Superior Court shall consist of such officers as may from time to time be appointed in writing to be Presidents thereof, by or under the authority of the General Officer Commanding Military Forces, Malaya, together with such officers of the British Naval, Military or Air Forces as may, from time to time, be appointed by or under the said authority to be members of the Court.

(2) The Superior Court may sit as a British Officer Court, in which case it shall consist of a President and two members so appointed.

(3) The Superior Court may sit as an Assessor Court, in which case it shall consist of a President so appointed assisted by two assessors to be selected by the President in such manner as may be directed by the Chief Civil Affairs Officer.

5. (1) Subject as hereinafter mentioned, the Superior Court shall have jurisdiction

(a) throughout such areas of Malay Peninsula as

(b)

are, at the time when the jurisdiction is to be exercised, under the control of armed Forces under command of the Supromo Allied Commander;

over persons charged with offences, committed after the establishment of such control, against any Proclamation; and over persons charged with offences, committed either before or after the establishment of such control, against any written law of the territory in which the offence is committed or against the laws and usages of war; except persons who are

(i) Members of the British or Allied Forces:

Provided that any person who is employed by, or in the service of, or who is a follower of, or is accompanying the British Forces or any part thereof, may be tried by the Superior Court unless the local military commander, by general or special order, directs that he be tried by Court Martial; and

(ii) persons entitled, if captured, to be treated

as prisoners of war;

Provided that any such person who, prior to his capture, has committed an offence against the laws and usages of war may be tried by the Superior Court

(2) A British Officer Court shall have jurisdiction to

British Officer

Courts.

try