Singapore legislation

Section 6

of Visiting Forces Act 1960

Section 6

Exercise of powers by service courts and authorities of countries sending visiting forces

(1)

The service courts and service authorities of a country to which this section applies may within Singapore, or on board any ships or aircraft belonging to the Government, exercise over persons subject to their jurisdiction in accordance with this section all such powers as are exercisable by them according to the law of that country.

(2)

The persons subject to the jurisdiction of the service courts and service authorities of a country in accordance with this section are the following:

(a)

members of any visiting force of that country;

(b)

all persons, not being citizens of Singapore, seconded or temporarily attached to or serving with the Singapore Armed Forces in accordance with any treaty, arrangement or agreement to which the Government is a party, and who by their terms and conditions of service are subject to the jurisdiction of such courts and authorities; and

(c)

all other persons who, being neither citizens of Singapore nor ordinarily resident in Singapore, are for the time being subject to the service law of that country otherwise than as members of that country’s forces,except that for the purposes of this subsection, a person shall not be treated as a member of a visiting force of a country if he became (or last became) a member of that country’s forces at a time when he was in Singapore, unless it is shown that he then became a member of those forces with his consent.

(3)

Where any sentence has, whether within or outside Singapore, been passed by a service court of a country to which this section applies upon a person who immediately before the sentence was passed was subject to the jurisdiction of that court in accordance with this section, then for the purposes of any proceedings in a court of Singapore that service court shall be deemed to have been properly constituted, and the sentence shall be deemed to be within the jurisdiction of that court and in accordance with the law of that country, and if executed according to the tenor of the sentence shall be deemed to have been lawfully executed.

(4)

Notwithstanding anything in subsections (1), (2) and (3), a sentence of death passed by a service court of a country to which this section applies shall not be carried out in Singapore unless under the law of Singapore a sentence of death could have been passed in a similar case.

(5)

Any person who —

(a)

is detained in custody in pursuance of a sentence as respects which subsection (3) has effect; or

(b)

being subject in accordance with this section to the jurisdiction of the service courts of a country to which this section applies, is detained in custody pending or during the trial by such a court of a charge brought against him,shall for the purposes of any proceedings in any court of Singapore be deemed to be in lawful custody.

(6)

For the purpose of enabling the service courts and service authorities of a country to which this section applies to exercise more effectively the powers referred to in subsection (1), the Minister may, if so requested by the appropriate authority of that country, from time to time by general or special orders direct members of the Singapore forces to arrest any person, being a member of a visiting force of that country, who is alleged to be guilty of an offence punishable under the law of that country, and to hand him over to such service authority of that country as may be designated by or under such orders.

Section 6 — Visiting Forces Act 1960 | laws.sg