Clause 11

Without prejudice to the provisions of section 19 of the Financial Procedure Act (Cap. 68) —

where during or at the conclusion of a trial by a disciplinary officer or subordinate military court, the disciplinary officer or subordinate military court —

makes an order under subsection (2) of section 68 or subsection (2) of section 69, or paragraph (j) of subsection (1) of section 114 of this Act, as the case may be, for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property which was caused by the offence for which the trial is being held; or

makes an order under section 71 or subsection (12) of section 114 of this Act, as the case may be, for the payment of such compensation; or

does not make any order for such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or for the payment of such compensation; or

where there is any loss or deficiency of property which was caused by the commission of an offence disclosed in a charge which has been dealt with by the Armed Forces Council under section 70 of this Act; or

where upon the determination of an appeal, the Military Court of Appeal —

makes an order under section 136 of this Act for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property caused by the offence in respect of which the appeal is being determined or for the payment of such compensation; or

substitutes under section 137, 138 or 139 of this Act one or more punishments imposed by the subordinate military court with an order for such deduction to be made as or towards compensation for part of such loss or deficiency of property or for the payment of such compensation; or

dismisses under section 136 of this Act the appeal against or maintains under that section one or more punishments imposed by the subordinate military court which ordered such deduction to be made as or towards compensation for part of such loss or deficiency of property or the payment of such compensation; or

dismisses under section 136 of this Act the appeal against an order of acquittal by the subordinate military court of the offence which caused such loss or deficiency of property or against one or more punishments imposed by the subordinate military court which did not order for such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or for the payment of such compensation; or

quashes under section 136 of this Act one or more punishments imposed by the subordinate military court which ordered such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or the payment of such compensation; or

where pursuant to subsection (1) of section 73 or subsection (6) of section 112 of this Act, the Armed Forces Council —

substitutes one or more punishments imposed by a disciplinary officer or subordinate military court, as the case may be, with an order for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property caused by the offence for which the punishments were imposed or for the payment of such compensation; or

quashes one or more punishments imposed by the disciplinary officer who, or the subordinate military court which ordered such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or the payment of such compensation; or

where after enquiry by the Armed Forces Council or by a board of inquiry convened under Part IX of this Act into any loss or deficiency of property, the Armed Forces Council orders a serviceman to pay a sum as or towards compensation for part of such loss or deficiency of property or does not make any order under subsection (2) of section 186 of this Act,the Armed Forces Council may write off the loss or deficiency or such part thereof or the value of the loss or deficiency or part thereof as remains irrecoverable or unrecovered.(2) The Armed Forces Council may, subject to such conditions or restrictions as it thinks fit, delegate to a person the exercise of the power vested in it by subsection (1) of this section.(3) The Armed Forces Council may exercise the power conferred upon it by subsection (1) of this section notwithstanding that it has delegated its powers under subsection (2) of this section.(4) In subsection (1) of this section —“loss of property” includes destruction of or damage to such property; and“property” means public money or other public property in the possession or under the charge of the Singapore Armed Forces.(5) Where the Armed Forces Council has, pursuant to subsection (3) of section 7 of this Act, appointed a committee to exercise the powers conferred upon it —

by section 70 of this Act in relation to an officer of or above the rank of lieutenant-colonel, a reference to a charge dealt with by the Armed Forces Council in paragraph (b) of subsection (1) of this section shall be construed as a reference to a charge dealt with by the committee; or

by subsection (1) of section 73 of this Act in relation to a serviceman, who is serving in Singapore, a reference to an order made or quashed by the Armed Forces Council in paragraph (d) of subsection (1) of this section in respect of that serviceman shall be construed as a reference to an order made or quashed by the committee; or

by subsection (2) of section 186 of this Act in relation to a serviceman, a reference to an order made by the Armed Forces Council in paragraph (e) of subsection (1) of this section in respect of that serviceman shall be construed as a reference to an order made by the committee.(6) Where the Armed Forces Council has —

pursuant to subsection (3) of section 73 of this Act, appointed an officer to exercise the powers conferred upon it by subsection (1) of that section in relation to a serviceman serving outside Singapore; or

in relation to a serviceman, delegated its powers as a reviewing authority to a committee under subsection (2) of section 112 of this Act,a reference to an order made or quashed by the Armed Forces Council in paragraph (d) of subsection (1) of this section in respect of that serviceman shall be construed as a reference to an order made or quashed by the officer or committee, as the case may be.”.