is captured by the enemy through his or her negligence or disobedience; or
(b)
being captured by the enemy, does not take any reasonable steps which are available to him or her to rejoin the Singapore Armed Forces or prevents or discourages any other person who has been captured from taking such steps,
shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act.