Singapore legislation

Clause 138

of Singapore Army Bill

Clause 138

Provisions as to evidence

(1)

The following provisions shall be in force with respect to evidence in proceedings under this Act, whether before a civil court or a court-martial, that is to say: —

(a)

the attestation paper purporting to be signed by a person on his being attested as a soldier, or the declaration purporting to be made by any person upon his re-engagement in the service of the Singapore armed forces, shall be evidence of such person having given the answers to questions which he is therein represented as having given.The enlistment of a person in the service of the Singapore armed forces may be proved by the production of a copy of his attestation paper purporting to be certified to be a true copy by the officer having the custody of the attestation paper without proof of the hand-writing of such officer, or of his having the custody of the paper;

(b)

a letter, return or other document with respect to a person —

(i)

having, or not having, at any time or times served in, or been discharged from any part of the Singapore armed forces;

(ii)

having, or not having, held any rank or appointment in, or been posted to or transferred to any part of such forces, or having, or not having, served in any particular country or place; or

(iii)

being, or not being authorised to use or wear any military decoration, medal, medal ribbon, badge, wound stripe or emblem, the use or wearing of which by an unauthorised person is under this Act an offence,if purporting to be signed by the Minister, or on behalf of the Army Board or by the commanding officer or the officer or record officer having the custody of the records of any part of the forces, to which such person appears to have belonged, or alleges that he belongs or had belonged, shall be evidence of the facts stated in such letter, return or other document;

(c)

copies purporting to be printed by the Government Printer of regulations referred to in section 119, of army circulars or orders, and of rules made by the President, the Minister or the Army Board under this Act shall be evidence of such regulations, warrants, army circulars or orders, and rules;

(d)

an army list or army gazette purporting to be published by authority shall be evidence of the status and rank of the officers thereinmentioned, and of any appointment held by such officers, and of the corps or battalion or arm or branch of the service to which such officers belong;

(e)

any warrants issued or orders made under this Act by any military authority shall be deemed to be evidence of the matters and things therein directed to be stated by or under this Act, and any copies of such warrants or orders purporting to be certified to be true copies by the officer therein alleged to be authorised by the Minister or the Army Board to certify the same shall be admissible in evidence;

(f)

where a record is made in one of the regimental books of the Singapore armed forces under any Act or any regulations made thereunder, or otherwise in pursuance of military duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated;

(g)

a copy of any record in any of the said regimental books purporting to be certified to be a true copy by the officer or record officer having the custody of such book shall be evidence of such record;

(h)

a descriptive return within the meaning of this Act, purporting to be signed by a magistrate, shall be evidence of the matters thereinstated;

(i)

where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has surrendered himself into the custody of a provost marshal, assistant provost marshal or other officer or of any part of the Singapore armed forces, a certificate purporting to have been signed by such provost marshal, assistant provost marshal, or other officer, or by the commanding officer of the part of the Singapore armed forces to whom the surrender was made, and stating the fact, date and place of such surrender shall be evidence of the matters so stated;

(j)

where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has been apprehended and has on arrest been taken into the custody of a provost-marshal, assistant provost-marshal or other officer, a certificate purporting to have been signed by such provost-marshal, assistant provost-marshal or other officer, and stating the fact, date and place of arrest, shall be evidence of the matters so stated;

(k)

where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has been delivered into military custody by a police officer in charge of a police station in Singapore, a certificate purporting to be signed by such police officer, and stating the fact, date and place of surrender of the officer or soldier shall be evidence of the matters so stated;

(l)

where an officer or soldier has been apprehended and on arrest taken to a police station in any place in any part of the Commonwealth, or has on surrender been taken into custody at any such police station, then, for the purpose of any proceedings against that officer or soldier, a certificate purporting to be signed by the police officer in charge of that police station, stating the fact, date and place of arrest or surrender, shall be evidence of the matters so stated.

(2)

For the purposes of this Act the expression “record officer” means a person appointed as such by the Army Board or by any officer authorised in that behalf by the Army Board; and for the purposes of paragraph (f) of subsection (1) a record made by a record officer in pursuance of his duty as such shall be deemed to be made in pursuance of military duty.