(6) If in any case a question arises as to the proper naval authority qualified to grant such
certificate as aforesaid, such question shall be at once referred by the court to an officer, commanding
a naval ship or establishment, or to a superior naval authority, whose decision shall be final.
28. Saving of rights and privileges under other laws. The rights and privileges specified in
the preceding sections of this Chapter shall be in addition to any others conferred on persons subject
to this Ordinance or on members of the regular Army, Navy and Air Force generally by any other law
for the time being in force.
____________
CHAPTER VI.__OFFENCES.
(i) Misconduct in Action and Assistance to Enemy
29. Misconduct in action by persons in command. Every flag officer, captain or other person
subject to this Ordinance who, being in com mand of any of the naval ships, naval vessels or naval
establish ments___
(a) fails to use his utmost exertions to bring into action any such ship, vessel or establishment
which it is his duty to bring into action ;
(b) surrenders any such ship, vessel or establishment to the enemy when it is capable of
being successfully defended or destroyed.
(c) fails to pursue any enemy whom it is his duty to pursue, or to assist to the utmost of his
ability any friend whom it is his duty to assist; or
(d) in the case of any action by or against the enemy, improperly withdraws from the action
or from his station, or fails in his own person and according to his rank to encourage the
persons under his command to fight courageously;
shall be liable, if the offence is committed with intent to assist the enemy, to suffer death; and in any
other case to suffer long imprisonment.
30. Misconduct in action by other officers and men. Every person subject to this Ordinance
who, not being in command of any of the naval ships, naval vessels or naval establishments, fails
when ordered to pre pare for action by or against the enemy, or during any such action, to use his
utmost exertions to carry the lawful orders of his superior officers into execution shall be liable, if the
offence is committed with intent to assist the enemy, to suffer death, and in any other case, to suffer
long imprisonment.
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