2Misconduct in action by persons in command
Every flag officer, captain or other person subject to this Act who, being in command of any of Her Majesty's ships, vessels, aircraft or naval establishments.—
(a)fails to use his utmost exertions to bring into action any such ship, vessel or aircraft which it is his duty to bring into action ;
(b)surrenders any such ship, vessel or aircraft 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;
(d)in the course 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 ; or
(e)surrenders any such naval establishment, or any part of such an establishment, to the enemy when it is capable of being successfully defended or when it is his duty to cause it to be destroyed ;
shall be liable, if the offence is committed with intent to assist the enemy, to death or any less punishment authorised by this Act, and in any other case, to imprisonment for any term or any less punishment so authorised.