Singapore legislation
Clause 72
Clause 72
Power of the President to make rules of procedure
(1)
Subject to the provisions of this Act the President may from time to time make, and when made repeal, alter, or add to, provisions in respect of the following matters or any of them: —
the assembly and procedure of courts of inquiry;
the convening and constituting of courts-martial;
the adjournment, dissolution and sittings of courts-martial;
the procedure to be observed in trials by court-martial;
the confirmation and revision of the findings and sentences of courts-martial, and enabling the authority having power under section 63 to commute sentences or to substitute a valid sentence for an invalid sentence of a court-martial;
the substitution by the Chairman or the Army Board of a new finding for any finding of guilty by a court-martial which is invalid or cannot be supported by the evidence, if the new finding could have been validly made by the court-martial on the charge and if it appears that the court-martial must have been satisfied of the facts establishing the offence specified or involved in the new finding, and the imposition of a sentence for the said offence, not being a sentence of greater severity than the sentence imposed by the court-martial;
the carrying into effect sentences of courts-martial;
the forms of orders to be made under the provisions of this Act relating to courts-martial, imprisonment or detention;
any matter in this Act directed to be prescribed;
any other matter or thing expedient or necessary for the purpose of carrying this Act into execution so far as relates to the investigation, trial and punishment of offences triable or punishable by military law.
(2)
No such rule shall contain anything contrary to or be inconsistent with the provisions of this Act.
(3)
All rules made under this section shall be presented to Parliament as soon as may be after they are made if Parliament be then sitting, and if Parliament be not sitting, then as soon as practicable after the beginning of the then next session of Parliament.
(4)
The rules as to the procedure of courts of inquiry may provide for evidence being taken on oath and may empower courts of inquiry to administer oaths for that purpose.
(5)
The rules as to the investigation of a charge may provide for a written summary of the evidence being taken on oath, and may empower a commanding officer or any officer, before whom he directs such summary to be taken, to administer oaths for that purpose.
(6)
For the purposes of this Act, any finding or sentence substituted in accordance with rules made under this section for the finding of sentence of a court-martial, and any sentence imposed for an offence specified or involved in any such substituted finding, shall have effect as if it were a finding or sentence of a court-martial.