Clause 134

Where the appeal of an accused is about to be heard by the Military Court of Appeal, the accused may object for any reasonable cause to any member of the Court, other than the president thereof, whether such member was appointed to serve thereon originally or to fill a vacancy caused by the retirement of a member objected to, so that the Court may be constituted of members to whom the accused makes no reasonable objection.

Upon the objection being made by an accused with regard to any member of the Court, the objection shall be submitted to the other members appointed to form the Court. If the objection is allowed by one half or more of the votes of the members entitled to vote, the objection shall be allowed and the member objected to shall retire and his vacancy may be filled in the prescribed manner by another member subject to the same right to the accused person to object.

In order to enable the accused to avail himself of his privilege of objecting to any member, the names of the members appointed to form the Court shall be read over in the hearing of the accused on their first assembly and before they are sworn and he shall be asked whether he objects to any of such members and a like question shall be repeated in respect of any member appointed to serve in lieu of a retiring member.