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In forceAmended2020 Revised Edition
Contents

Part 7 · Military Court of Appeal

128. Oath and affirmation

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Amended

Last amended by an amending law of 2023.

(1)

Before the president of the Military Court of Appeal enters upon the execution of his or her office, he or she must take in the presence of the Chief Justice the oath or affirmation of allegiance in the prescribed form.

(2)

An oath or an affirmation in the prescribed form must be administered by the president of the Military Court of Appeal to every member of the Court before the appeal starts.

(3)

An oath or an affirmation in the prescribed form must be administered by the president of the Military Court of Appeal to every shorthand writer or interpreter (if any) in attendance at the appeal.

(4)

Every witness before the Military Court of Appeal must be examined on oath or on affirmation, which the president of the Court or other prescribed person must administer in the approved form.

(5)

To avoid doubt, where an oath or affirmation of allegiance is required to be taken under subsection (1), the president of the Military Court of Appeal may take the oath or make the affirmation by appearing before the Chief Justice through a live video link or live television link created using a remote communication technology that allows the Chief Justice to —

(a)

maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and

(b)

confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.

(6)

Where an oath or affirmation is required to be administered under subsection (2) or (3), any requirement in subsection (2) or (3) for the person taking the oath or making the affirmation to appear before the president of the Military Court of Appeal is deemed satisfied if —

(a)

the person taking the oath or making the affirmation, and the president of the Military Court of Appeal, do so in accordance with any requirements that may be prescribed through any electronic means of communication created by remote communication technology as set out in the Second Schedule; and

(b)

the electronic means of communication allows the president of the Military Court of Appeal to —

(i)

communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and

(ii)

confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.

Report

Part 8

Arrests, Searches and Investigations

Part 9

Bail and Bonds

Part 10

Boards of Inquiry

Part 11

PAY

Part 12

Emergency Powers

Part 12A

Aid to Civilian Authorities

Part 13

Miscellaneous

Schedules