/akn/sg/act/bill/1972/2

Singapore Armed Forces Bill

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Type
Bill
Status
In force
Enacted
1972
Sections
203

Quick answer

About this bill

Singapore Armed Forces Bill is Singapore Bill, cited as Bill 2 1972, currently marked in force and first recorded in 1972.

Part I

PRELIMINARY

Clause 1

Short title and commencement

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This Act may be cited as the Singapore Armed Forces Act, 1972, and shall, with the exception of sections 191 and 192, come into operation on such date as the Minister may, by notification in the Gazette, appoint.(2) The Minister may appoint different dates for the coming into operation of the different Parts of this Act.

(1)

This Act may be cited as the Singapore Armed Forces Act, 1972, and shall, with the exception of sections 191 and 192, come into operation on such date as the Minister may, by notification in the Gazette, appoint.

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(2)

The Minister may appoint different dates for the coming into operation of the different Parts of this Act.

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Clause 2

Interpretation

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(1)

In this Act, unless the context otherwise requires —

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Definition

“aircraft” means any machine for flying whether propelled by mechanical means or not and includes any description of balloon;

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Definition

“Armed Forces Council” means the Armed Forces Council established under section 7 of this Act;

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Definition

“arms” includes parts and accessories of arms, ammunition, explosives whether encased or not and instruments used as aids to operation or adjustment of arms, whether the arms are serviceable or not;

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Definition

“civil court” means a court of ordinary criminal jurisdiction constituted under any written law in force relating to courts;

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Definition

“civil offence” means an offence punishable under any written law in force other than a military offence;

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Definition

“civil prison” means a prison declared as such under section 3 of the Prisons Act (Cap. 79);

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Definition

“commander” means, in relation to any person subject to military law, an officer of or above the rank of captain for the time being commanding a unit or units or part of a unit of the Singapore Armed Forces;

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Definition

“convening authority” means, in the case of a general court martial, an officer of or above the rank of major appointed by the Armed Forces Council for the purpose and, in the case of a field general court martial, a commander referred to in section 81 of this Act.

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Definition

“detention barracks” means any building or part of a building which is set apart by the Armed Forces Council for the purpose of persons serving sentences of detention;

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Definition

“disciplinary officer” means a junior disciplinary officer, a senior disciplinary officer and a superior commander each being qualified to be such or being designated as such pursuant to the provisions of Part IV of this Act;

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Definition

“enemy” includes persons engaged in violent operations against the Singapore Armed Forces, armed mutineers, armed rebels, armed rioters or pirates;

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Definition

“general orders” includes orders of the Armed Forces Council, General Orders of the Ministry of Defence, standing orders, routine orders and other general orders published in writing in accordance with military usage;

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Definition

“Military Court of Appeal” means the court established under Part VII of this Act;

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Definition

“military custody” means any place designated by the Armed Forces Council pursuant to regulations made under this Act which according to military usage is used for keeping offenders under arrest awaiting trial or on remand;

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Definition

“military documents” includes reports, certificates, returns, pay lists, forms and any other documents in use in the Singapore Armed Forces;

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Definition

“military offence” means an offence punishable under this Act;

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Definition

“military policeman” means a serviceman appointed to be a military policeman;

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Definition

“military prison” means any building or part of a building under the control of the Armed Forces Council which is set apart by the Armed Forces Council for the purpose of persons serving sentences of imprisonment;

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Definition

“national serviceman” has the same meaning as in the Enlistment Act (Cap. 229);

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Definition

“officer” means a person appointed by the President of Singapore or the proper authority to hold the rank of officer in the Singapore Armed Forces and includes any person commissioned as an officer under any written law that is repealed by this Act;

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Definition

“proper authority” has the same meaning as in the Enlistment Act;

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Definition

“publication” and “words” have the same meaning as in the Sedition Act (Cap. 106);

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Definition

“qualified person” has the same meaning as in the Legal Profession Act (Cap. 217);

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Definition

“regular serviceman” has the same meaning as in the Enlistment Act;

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Definition

“reservist” means a person liable to render reserve service under the Enlistment Act;

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Definition

“sentence” means a punishment imposed on a convicted person;

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Definition

“serviceman” means an officer or a soldier of the Singapore Armed Forces and includes a servicewoman;

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Definition

“sickness” includes permanent or temporary illness, disability or injury;

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Definition

“Singapore Armed Forces” means the Singapore Armed Forces raised and maintained under section 6 of this Act;

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Definition

“Singapore Armed Forces property” includes property in the possession, control or occupancy of the Singapore Armed Forces;

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Definition

“soldier” means any person, other than an officer, who is a member of the Singapore Armed Forces and includes a servicewoman;

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Definition

“subordinate military courts” means general courts martial and field general courts martial from the decisions of which by reason of this Act there is a right of appeal to the Military Court of Appeal;

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Definition

“summary trial” means a trial by a disciplinary officer under Part IV of this Act;

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(2)

In any written law or any document whatsoever —

(a)

all references to “the Army Board” shall be construed as references to the Armed Forces Council constituted under this Act;

(b)

all references to “court-martial” shall be construed as references to the subordinate military courts constituted under this Act;

(c)

all references to “Singapore armed forces”, “Singapore Army”, “Singapore forces” and “the army, navy or air force of Singapore” shall be construed as references to the Singapore Armed Forces constituted under this Act;

(d)

all references to “an officer” or to “a person holding a commission in the armed forces” shall be construed as references to an officer under this Act; and

(e)

all references to “a soldier, sailor, seaman or airman” or to “a non-commissioned officer” shall be construed as references to a serviceman under this Act.

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(3)

For the purposes of this Act, if not inconsistent with the context, the expression “on active service” as applied to a person subject to military law means whenever he is attached to or forms part of a force which is engaged in operations against the enemy or is engaged in military operations in a country or place wholly or partly occupied by an enemy, or is in military occupation of any foreign country.

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(4)

Notwithstanding the provisions of subsection (3) of this section, where any part of the Singapore Armed Forces is serving, or due to serve, outside Singapore under conditions that do not, or will not, amount to “active service” as defined in subsection (3) of this section, the Armed Forces Council may declare that that part of the Singapore Armed Forces shall be temporarily subject to this Act, as if that part of the Forces was on active service; and then, on the publication of any such declaration, the forces to which the declaration applies shall be deemed to be on active service until the declaration is cancelled by the Armed Forces Council.

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Clause 3

Application

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The following persons shall be persons subject to military law and this Act shall apply to them: —

(a)

regular servicemen and full-time national servicemen in the Singapore Armed Forces from the time their liability to report for enlistment or service arises until such time as they are lawfully discharged or released;

(b)

reservists from the time that they are ordered to report for enlistment or service, whether they have complied with such order or not, and while in uniform or performing service in the Singapore Armed Forces or the People’s Defence Force pursuant to section 14 of the Enlistment Act (Cap. 229), and while called out for mobilized service pursuant to sections 16 and 17 of that Act or when called out to duty in aid of the civil power;

(c)

all civilians who are in the service of the Singapore Armed Forces when engaged on active service;

(d)

all civilians, not otherwise subject to military law, who are followers of, or accompany, the Singapore Armed Forces when engaged on active service;

(e)

officers and soldiers belonging to a Commonwealth or foreign force when attached to or seconded for service with or otherwise acting as part of or with any portion of the Singapore Armed Forces.

Clause 4

Liability for military offences

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All persons subject to military law by virtue of section 3 of this Act shall be liable to be tried by subordinate military courts for all the military offences in this Act and by a disciplinary officer for the offences set out in the First Schedule to this Act.

Clause 5

Jurisdiction of civil courts

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Nothing in this Act shall affect the jurisdiction of civil courts to try a person subject to military law for any civil offence.

Part V

TRIAL BY SUBORDINATE MILITARY COURTS

Clause 78

Subordinate military courts

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For the purposes of this Act there shall be the following courts: —

(a)

general courts martial;

(b)

field general courts martial,and in this Act when these courts are collectively referred to they are called “subordinate military courts”.

Clause 79

Constitution of a general court martial

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(1)

Every general court martial shall have jurisdiction to try any person subject to military law for any offence under this Act and to award for any such offence any punishment authorised by this Act.

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(2)

Every general court martial shall consist of not less than three officers, or any other uneven number of officers of whom not less than two shall be of a rank not below that of captain; and the minimum number mentioned in this subsection shall be the legal minimum for a general court martial.

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(3)

The president of a general court martial shall be an officer of or above the rank of major and shall be appointed by the convening authority.

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(4)

Where the accused is of or above the rank of lieutenant-colonel, the president of a general court martial shall be an officer of or above the rank of the accused and at least two of the members of the court martial shall be of or above the rank of lieutenant-colonel.

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(5)

The determination of the question of the guilt of an accused before a general court martial shall be according to the opinion of the majority of the members of the court hearing the case except that where an accused is found guilty of a charge in respect of which punishment of death is authorised under this Act the decision of the court shall be unanimous.

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(6)

In the event of the general court martial failing to reach an unanimous decision an accused shall not be convicted of that offence in respect of which punishment of death is authorised by this Act but may, if the members of the court by majority decision agree, be convicted of any lesser offence authorised by this Act.

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Clause 80

Judge Advocate-General, judge advocates and legal personnel

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(1)

The Armed Forces Council may appoint a suitable person to perform in respect of the Singapore Armed Forces the functions of a Judge Advocate-General and any reference under any written law to the Judge Advocate-General shall be deemed to be references to the person appointed under this subsection.

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(2)

The person appointed under subsection (1) of this section shall be either a member of the judicial and legal service of not less than five years service or an advocate and solicitor of the Supreme Court of not less than five years’ standing.

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(3)

Rules of procedure may make provision as to the functions to be exercised by the Judge Advocate-General and without prejudice to the generality of the foregoing his functions shall include advising the Armed Forces Council on the validity of the findings and sentences of subordinate military courts and on any other matters which may from time to time be referred to him by the Armed Forces Council or the person appointed under paragraph (a) of subsection (5) of this section.

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(4)

The Armed Forces Council may appoint advocates and solicitors of the Supreme Court to officiate as judge advocates in subordinate military courts and rules of procedure made under this Act may provide for the exercise of their functions at a trial by such courts.

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(5)

The Armed Forces Council may appoint —

(a)

a qualified person to be responsible for legal matters in the Singapore Armed Forces who shall be called the Head of Legal Services of the Singapore Armed Forces;

(b)

military prosecutors who shall wherever practicable be qualified persons; and

(c)

a registrar for the Military Court of Appeal or for subordinate military courts.

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(6)

The person appointed under paragraph (a) of subsection (5) of this section shall by virtue of his appointment be the chief military prosecutor.

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Clause 81

Field general courts martial

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(1)

Where an offence punishable under this Act has been committed by any person subject to military law who belongs to a unit or part of a unit of the Singapore Armed Forces which is, at the time of the commission of the offence, engaged on active service it shall be lawful for a commander (hereinafter called “the convening officer”), if it is not practicable for a general court martial to be convened, to convene a field general court martial.

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(2)

Every field general court martial may try any person subject to military law for any offence under this Act and may award for such offence any punishment that a general court martial is competent to award for such offence.

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(3)

Every field general court martial shall consist of not less than three members who shall be officers or any other uneven number of members and the member who is most senior in rank shall preside.

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(4)

The convening officer may preside over a field general court martial but shall, whenever it is practicable, appoint another officer as president of the court who shall not be below the rank of captain.

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(5)

Whenever it is practicable, the rank of each member of the field general court martial shall be of a rank above that of the accused.

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(6)

The convening officer shall appoint any serviceman to perform the functions of a registrar of the court.

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(7)

The determination of any question before a field general court martial shall be according to the majority of the members of the court hearing the case except that where an accused is found guilty of a charge in respect of which punishment of death is authorised under this Act the decision of the court shall be unanimous.

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(8)

In the event of the field general court martial failing to reach an unanimous decision an accused shall not be convicted of that offence in respect of which punishment of death is authorised by this Act but may, if the members of the court by majority decision agree, be convicted of any lesser offence authorised by this Act.

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Clause 82

Ineligibility

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The following persons are not eligible to serve as members of a subordinate military court: —

(a)

a relative of the accused;

(b)

any person who has had cognizance of the matter as a disciplinary officer;

(c)

any person who has taken part in the investigation of or inquiry into the alleged offence;

(d)

the complainant;

(e)

any person who is a witness to the alleged offence; and

(f)

a military prosecutor.

Clause 83

Members of subordinate military courts may belong to same or different units

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The officers sitting on a subordinate military court may belong to the same or different units, or may be unattached to any unit, and may try persons belonging to or attached to any unit.

Clause 84

Record of proceedings

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(1)

The president of a subordinate military court or, if a judge advocate is present, the judge advocate shall keep a record of the proceedings of the trial.

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(2)

The president of a subordinate military court may, if a judge advocate is not present, notwithstanding the provisions of subsection (1) of this section during any proceeding of the court, appoint a person to keep on his behalf the record of the proceedings or may direct that the record shall be taken by a recording device or by some other mechanical device.

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(3)

The charge-sheet and the documents admitted by the court, and any other documents which the president of the court may direct, shall be attached to the record of the proceedings and shall form part thereof.

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(4)

The president of a subordinate military court and every member of the court who is so required by the president shall record the grounds for his decision in writing and such written judgment or grounds of decision shall form part of the record of the proceedings.

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(5)

The president of a subordinate military court or any member when he has recorded his judgment shall not alter or revise the same.

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(6)

A clerical error may be rectified at any time and any other mistake may be rectified before the court rises for the day.

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(7)

The record of the proceedings shall be authenticated by the president of a subordinate military court.

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(8)

The record of the proceedings of a subordinate military court authenticated by the president of the court shall be conclusive evidence of any thing contained therein unless it is proved that it has been falsified.

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(9)

A record of the proceedings of a subordinate military court purporting to be signed by the president of the court shall be presumed to be so signed.

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Clause 85

Oath and affirmation

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(1)

An oath or an affirmation in the prescribed form shall be administered by the president of a subordinate military court to every member of every subordinate military court and to the judge advocate and in the case of a president of a subordinate military court an oath or affirmation shall be administered to the president by any member already sworn before the commencement of the trial.

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(2)

An oath or an affirmation in the prescribed form shall be administered by the president of a subordinate military court to every shorthand writer or interpreter (if any) in attendance at the trial.

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(3)

Every witness before a subordinate military court shall be examined on oath or affirmation, which the president shall administer in the prescribed form.

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Clause 86

Challenges by accused

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(1)

The accused or where there is more than one accused, each of the accused, about to be tried by a subordinate military court may object, for any reasonable cause, to any member of the court including the president thereof, whether 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.

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(2)

Every objection made by an accused to any member shall be submitted to the other members appointed to form the court and if allowed by a majority of the votes of members entitled to vote the objection shall be allowed and the member objected to shall retire and his vacancy may be filled by another member subject to the same right of the accused to object.

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(3)

If the objection is to the president of a subordinate military court such objection, if allowed by a majority of the other members appointed to form the court, shall be allowed, and the court shall adjourn for the purpose of the appointment of another president by the convening authority.

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(4)

If the objection is to a member other than the president of a subordinate military court and is allowed by a majority 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 by another member.

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(5)

In order to enable an 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 assembling, and before they are sworn, and the accused 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.

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Clause 87

Effect of death or sickness on court

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(1)

If a subordinate military court after the commencement of the trial is, by reason of death or otherwise, reduced below the legal minimum, it shall be dissolved.

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(2)

If, after the commencement of the trial, the president of a subordinate military court dies, or is otherwise unable to attend, the court shall be dissolved.

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(3)

If, on account of the illness of the accused before the finding, it is impossible to continue the trial, a subordinate military court shall be dissolved.

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(4)

Where a subordinate military court is dissolved under subsection (1), (2) or (3) of this section the accused may be tried again by another subordinate military court.

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(5)

The president of any subordinate military court may, on any deliberation amongst the members, cause the court to be cleared of all other persons.

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(7)

The court may also, where necessary, view any place.

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Clause 88

Power to convict for offence other than that charged

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(1)

An accused charged before a subordinate military court with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a less degree of punishment.

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(2)

An accused charged before a subordinate military court with any offence may be found guilty of attempting to commit that offence.

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(3)

An accused charged before a subordinate military court with attempting to commit a military offence may be convicted on that charge notwithstanding that it is proved that he actually committed the military offence.

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(4)

Where an accused is charged before a subordinate military court with attempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is proved that he actually committed the civil offence.

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(5)

An accused charged before a subordinate military court with theft may be found guilty of dishonestly misappropriating property.

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(6)

An accused charged before a subordinate military court with desertion may be found guilty of being absent without leave.

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(7)

An accused charged before a subordinate military court with striking an officer superior in rank may be found guilty of using or offering violence to his superior officer.

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(8)

An accused charged before a subordinate military court with using violence may be found guilty of offering violence.

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(9)

An accused charged before a subordinate military court with using threatening language may be found guilty of using insubordinate language.

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(10)

Where an accused is charged before a subordinate military court with a civil offence and the charge is one upon which, if he had been tried by a civil court in Singapore for such an offence committed in Singapore, he might have been found guilty of any other offence, the subordinate military court shall have power to find him guilty of that offence.

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Clause 89

Power to order restitution of stolen property

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(1)

Where a person has been convicted by a subordinate military court of having stolen, dishonestly misappropriated or converted, received, knowing it to be stolen, or otherwise unlawfully obtained, any property, and the property or any part thereof is found in the possession of the offender, the president of the court may order the property so found to be restored to the person appearing to be the lawful owner thereof.

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(2)

A like order may be made with respect to any property found in the possession of such offender, which appears to the president of the court to have been obtained by the conversion or exchange of any of the property stolen, dishonestly misappropriated or converted, received or unlawfully obtained.

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(3)

An order under this section shall not bar the right of any person, other than the offender, or any one claiming through him, to recover any property or money delivered or paid in pursuance of an order under this section from the person to whom the same is so delivered or paid.

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Clause 90

Judgment

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(1)

On the termination of the hearing a subordinate military court shall, either at once or on some future date which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver a written judgment in open court.

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(2)

A subordinate military court shall ordinarily give only one judgment, which may be pronounced by the president or by such other member of the court as the president may direct, but separate judgments shall be delivered if the president so directs.

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(3)

The judgment of any member of the subordinate military court who is absent may be read by any other member.

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Clause 91

Regulations of procedure

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(1)

Subject to the provisions of this Act, the Armed Forces Council may, from time to time, make regulations of procedure with regard to any matter or thing that is 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 subordinate military courts under this Act.

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(2)

Without prejudice to the generality of subsection (1) of this section, regulations of procedure may make provision with respect to all or any of the following matters, that is to say —

(a)

the convening of subordinate military courts;

(b)

the adjournment, dissolution and sittings of subordinate military courts;

(c)

the procedure to be observed in trials by subordinate military courts;

(d)

the preparation of charge sheets and the framing of charges;

(e)

procuring the attendance of witnesses before a subordinate military court;

(f)

empowering a subordinate military court in such cases and to such extent as may be prescribed to amend the charge which is being tried by a subordinate military court;

(g)

empowering a subordinate military court, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilt of the like offences as that charged, to make a finding of guilty, subject to exceptions or variations specified in the finding, if it appears to the court that the difference is not so material as to prejudice the accused in his defence;

(h)

determining cases in which and the extent to which subordinate military courts may in sentencing the accused for any offence of which he is convicted at the request of the accused, take into consideration other offences against this Act committed by him;

(i)

the procedure to be observed when an accused is suspected to be of unsound mind and the procedure to be followed when an accused is sentenced to death;

(j)

the forms of orders to be made under the provisions of this Act relating to investigation of, the trial of, or award of punishments for offences under this Act; and

(k)

any matter in this Part which is required or authorised to be prescribed.

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(3)

Regulations may further provide for the making of such warrants and orders as may be necessary to enable a subordinate military court to enforce its orders or sentences.

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(4)

No regulation of procedure shall contain anything which is contrary to, or which is inconsistent with, the provisions of this Act.

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Clause 92

Application of the Criminal Procedure Code

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Without prejudice to the provisions of section 91 of this Act, sections 151 to 171, 214 (other than paragraph (d) thereof), 215, 229, 230, 272 to 350, 351 and 385 to 389 of the Criminal Procedure Code (Cap. 113) shall, in so far as they are not inconsistent with the provisions of this Act, or any regulations made thereunder, apply mutatis mutandis to proceedings before subordinate military courts.

Clause 93

Procedure in the absence of provisions

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Where no provision is made in this Act, or in any regulations made thereunder, in respect of any procedural matter, a subordinate military court shall decide on the most expedient procedure to be followed in the particular case that will best serve the interests of justice.

Clause 94

Proceedings not to be set aside

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Subject to subsection (3) of section 108 of this Act, no proceedings of a subordinate military court shall be set aside or deemed to be void for want of form or be removed by certiorari or otherwise into any civil court.

Clause 95

Application of general rules of evidence

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Save as otherwise expressly provided in this Act or in any regulations made thereunder, the rules of evidence, including the Evidence Act (Cap. 5), observed in the trial of criminal cases before civil courts in Singapore shall in so far as they are not inconsistent with the provisions of this Act or any regulations made thereunder apply to subordinate military courts.

Clause 96

Military documents as evidence

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(1)

Any document, purporting to be signed by an officer in the course of his duty and containing particulars regarding the matters enumerated below, shall be prima facie evidence of such particulars —

(a)

service in the Singapore Armed Forces, including dates of enlistment and discharge;

(b)

absence from service in the Singapore Armed Forces, with or without leave;

(c)

offences of which a person has been convicted by a subordinate military court or where there is an appeal, by the Military Court of Appeal, or by a disciplinary officer or the Armed Forces Council;

(d)

units to which a person was posted or attached;

(e)

personal particulars relating to service or employment in the Singapore Armed Forces including rank, assignment, training and vocation;

(f)

the monetary value of any Singapore Armed Forces property;

(g)

the usage or wearing of military decorations, medals, ribbons or badges;

(h)

matters relating to custody, including time, date and place;

(i)

the service of a summons or convening order.

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(2)

A copy of general orders or of any official publication, document, certificate or form certified by the Armed Forces Council as general orders, official publication, document, certificate or form for the purpose of this section, shall be conclusive evidence of its contents.

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(3)

Any document purporting to be a document under subsection (1) or (2) of this section shall be presumed to be such a document.

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Clause 97

Transcript

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Where a document has been prepared or certified by a person subject to military law in the course of his duty, a transcript thereof authenticated by him or by an officer shall have the effect of the original and shall be presumed correct.

Clause 98

Representation

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(1)

Subject to any other provisions in this Act, an accused shall have the right to be represented in his defence before a subordinate military court by an advocate and solicitor, if provided by him, or by any officer in the Singapore Armed Forces.

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(2)

Where an accused is not represented by a person in accordance with subsection (1) of this section and —

(a)

is charged with an offence punishable by death;

(b)

is dumb, blind or deaf; or

(c)

is suspected of being of unsound mind,the president of the subordinate military court shall appoint a defence counsel to assist the accused in his defence.

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(3)

Where the accused selects a person to represent him in a subordinate military court, such person shall be authorised to do so after submitting to the subordinate military court a warrant to act signed by the accused.

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Clause 99

Publicity

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(1)

Subject to any other provisions in this Act, a subordinate military court shall sit in open court in the presence of the parties and, to the extent that accommodation permits, the public shall be admitted to the trial.

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(2)

Every judgment or finding of a subordinate military court shall be pronounced in open court.

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Clause 100

Proceedings in camera

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(1)

The president of a subordinate military court may where it is expedient in the interests of —

(a)

the administration of justice;

(b)

the security of Singapore;

(c)

public defence or safety; or

(d)

public morals,order that all or any part of the proceedings before it shall be dealt with in camera and upon the making of such order the court shall cease to be an open court and, with the exception of the accused’s counsel and such other persons as may be deemed by the court to be necessary for the purposes of the proceedings, the public shall be excluded therefrom for so long as the court thinks fit.

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(2)

A subordinate military court may exclude a person from any part of the proceedings where such person is obstructing the proceedings of the court.

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(3)

No person shall be present during any deliberation among the members of a subordinate military court, whether on the finding or sentence on any charge or otherwise, without permission from the president of the court.

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Clause 101

Publications and photographs

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(1)

Where any proceedings in a subordinate military court have been held in camera, no person shall publish any information concerning the proceedings and the judgment, except with the permission of the Armed Forces Council.

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(2)

No person shall take photographs in the court room or in the presence of the court or publish photographs so taken, except with the permission of the president of the court.

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(3)

Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both such imprisonment and fine.

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Clause 102

Investigation materials before a field military court

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The accused, his defence counsel or, with the consent of a military prosecutor, a person authorised by the accused or his defence counsel may, where a charge-sheet is submitted to a field military court at any reasonable time inspect and take copies of the investigation materials excluding the investigation diary.

Clause 103

Independence of subordinate military courts

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(1)

In matters of adjudication, members of subordinate military courts shall not be subject to the authority of their commanders, or to any other authority, except the law.

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(2)

No person shall attempt to coerce or by any unauthorised means influence the action or proceedings of a subordinate military court or any member thereof.

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(3)

Any person who contravenes the provisions of subsection (2) of this section shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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Clause 104

Person not to be tried twice

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(1)

Subject to the provisions of this Act, where a person subject to military law has been acquitted or convicted of an offence by a subordinate military court or has had his conviction quashed by the Military Court of Appeal or the Armed Forces Council he shall not be liable to be tried again by a subordinate military court or any civil court or a disciplinary officer in respect of that offence or for any offence based on the same facts.

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(2)

Where a person subject to military law has been acquitted or convicted of an offence by a disciplinary officer he shall not be liable to be tried again by a subordinate military court or a disciplinary officer in respect of that offence or for any offence based on the same facts but he may be tried for the same offence or for an offence based on the same facts by a civil court which shall in awarding punishment have regard to any military punishment he may already have undergone as a result of his conviction by a disciplinary officer.

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(3)

Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he shall not be liable to be tried in respect of that offence by a subordinate military court or a disciplinary officer.

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Clause 105

Trial and punishment of offences where offender ceases to be subject to military law

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(1)

Subject to section 107 of this Act where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law then in relation to that offence he shall be treated for the provisions of this Act relating to arrest, keeping in custody, investigation of offences, trial and punishment by a subordinate military court or by a disciplinary officer (including review) and execution of sentences as continuing to be subject to military law notwithstanding his ceasing at any time to be subject thereto.

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(2)

Where a person subject to military law is sentenced by a military court to imprisonment or detention or by a disciplinary officer to detention, this Act shall apply to him during the term of his sentence, notwithstanding that he is discharged or dismissed from the Singapore Armed Forces, or has otherwise ceased to be subject to military law, and he may be kept, removed, imprisoned, made to undergo detention, and punished accordingly as if he continued to be subject to military law.

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Clause 106

Liability to military law in respect of place of commission of offence

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Every person subject to military law who whether inside or outside Singapore commits any offence for which he is liable to be tried by a subordinate military court or a disciplinary officer may be tried and punished for such offence at any place (either inside or outside Singapore) which is within the jurisdiction of a subordinate military court or disciplinary officer and in which the offender may for the time being be, in the same manner as if the offence had been committed where the trial by a subordinate military court or disciplinary officer takes place.

Clause 107

Limitation of time for trial of offences

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(1)

A person shall not in pursuance of this Act be tried or punished for any offence triable under this Act committed more than three years before the date at which his trial begins, except in the case of the offence of mutiny or desertion; but this section shall not affect the jurisdiction of a civil court in the case of any offence triable by such court.

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(2)

Where a serviceman has served continuously in an exemplary manner for not less than three years in the Singapore Armed Forces he shall not be tried for the offence of desertion (other than desertion on active service), if that offence was committed before the commencement of the three years referred to in subsection (1) of this section.

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Clause 108

Trial of civil offences

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(1)

Subject to subsection (2) of this section, every person subject to military law who commits any of the following offences, that is to say: —

(a)

any offence under sections 121 and 121A of the Penal Code (Cap. 103);

(b)

murder;

(c)

culpable homicide not amounting to murder;

(d)

rape;

(e)

any other offence which when committed in Singapore is punishable by the law of Singapore,shall, if charged under this section with any such offence, be liable to be tried by a subordinate military court and on conviction to be punished as follows: —

(i)

if he is convicted of any offence under sections 121 and 121A of the Penal Code, be liable to suffer death, or any less punishment authorised by this Act;

(ii)

if he is convicted of murder, be liable to suffer death;

(iii)

if he is convicted of culpable homicide not amounting to murder, be liable to suffer imprisonment, or any less punishment authorised by this Act;

(iv)

if he is convicted of rape, be liable to suffer imprisonment or any less punishment authorised by this Act; or

(v)

if he is convicted of any other offence, which when committed in Singapore is punishable by the law of Singapore, be liable, whether the offence is committed in Singapore or elsewhere, either to suffer such punishment as might be awarded to him under this Act in respect of an act, conduct or neglect to the prejudice of good order or discipline or to suffer any punishment that may be awarded for such offence by the law of Singapore.

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(2)

A person subject to military law shall not be tried by a subordinate military court for any offence under sections 121 and 121A of the Penal Code (Cap. 103) or for murder, or for culpable homicide not amounting to murder or rape, unless such person at the time he committed the offence was on active service.

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(3)

Notwithstanding anything in this section, the Attorney-General may, on his own motion, if he thinks it expedient for the ends of justice or on the application of the person appointed under paragraph (a) of subsection (5) of section 80 of this Act, at any time before the finding is pronounced order that a person subject to military law who is charged with a civil offence under this section shall not be tried by a subordinate military court.

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(4)

Upon an order being made under subsection (3) of this section the case shall be transferred to and shall be tried by a civil court.

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Clause 109

Summoning and privilege of witnesses at subordinate military courts and misconduct of civilian thereat

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(1)

Every person required to give evidence before a subordinate military court may be summoned or ordered to attend in the prescribed manner.

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(2)

Every person attending in pursuance of such summons or order as a witness before any subordinate military court shall, during his necessary attendance at such court, and in going to and returning from the same, have the same privilege from arrest as he would have if he were a witness before a civil court.

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(3)

Where any person who is not subject to military law —

(a)

on being duly summoned as a witness before a subordinate military court and after payment or tender of the reasonable expenses of his attendance, makes default in attending; or

(b)

being in attendance as a witness —

(i)

refuses to take an oath legally required by a subordinate military court to be taken;

(ii)

refuses to produce any document in his power or control legally required by a subordinate military court to be produced by him; or

(iii)

refuses to answer any question to which a subordinate military court may legally require an answer,the president of the subordinate military court may certify the offence of such person under his hand to a Magistrate’s Court and that Court may thereupon inquire into such alleged offence, and after examining any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish such person in the like manner as if he had committed such offence in a proceeding in that Court.

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(4)

Where a person not subject to military law when examined on oath or on affirmation before a subordinate military court wilfully gives false evidence, he shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding.

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(5)

Where a person not subject to military law is guilty of any contempt towards a subordinate military court, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members of or witnesses before such court, or to bring such court into disrepute, the president of the subordinate military court may certify the offence of such person under his hand to a Magistrate’s Court and that Court may thereupon inquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish or take steps for the punishment of such person in the like manner as if he had been guilty of contempt of that Court.

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Clause 110

Evidence of civil conviction or acquittal

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Whenever any person subject to military law has been tried by any civil court, the Registrar or clerk of such court or his deputy, or other officer having the custody of the records of such court, shall, if required by the commanding officer of such person, or by any other officer, transmit to him a certificate setting forth the offence for which the person was tried, together with the judgment or order of the court thereon, or if he was acquitted, the acquittal. Any such certificate shall be sufficient evidence of the conviction and sentence or of the order of the court or of the acquittal of the prisoner, as the case may be.

Clause 111

Evidence of conviction of subordinate military court

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The original proceedings of a subordinate military court purporting to be signed by the president thereof and being in the custody of an officer thereof shall be deemed to be of such a public nature as to be admissible in evidence on their mere production from such custody; and any copy purporting to be certified by the officer to be a true copy of such proceedings or of any part thereof, shall be admissible in evidence without proof of the signature of the president of the subordinate military court.

Clause 112

Review of findings and sentences of subordinate military courts by reviewing authority

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(1)

For the purposes of this Act the Armed Forces Council shall be a reviewing authority.

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(2)

The Armed Forces Council may delegate its powers as a reviewing authority under this section to a committee consisting of at least three of its members.

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(3)

An accused who has been sentenced by a subordinate military court or who has been found to be unfit to stand his trial or to be not guilty by reason of insanity may within such time and in such manner as may be prescribed present a petition to the reviewing authority against the finding or sentence or both.

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(4)

Upon receipt of the petition referred to in subsection (3) of this section the reviewing authority shall, subject to subsection (5) of this section, as soon as it is practicable, after considering the matters alleged in the petition, review the finding or sentence.

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(5)

Notwithstanding subsection (4) of this section if notice of appeal has been lodged with the registrar of the Military Court of Appeal under section 123 of this Act any powers of review exercised by the reviewing authority in reviewing a finding or sentence under this section shall cease to have effect; and the appeal shall be proceeded with as if no petition to review the finding or sentence had been made.

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(6)

On a review the reviewing authority may —

(a)

in so far as the review is of a finding, quash the finding and if the sentence relates only to the finding quashed, the sentence;

(b)

in so far as the review is of a sentence, quash the sentence;

(c)

in any case substitute a new finding for any finding of guilty made by a subordinate military court that is illegal or cannot be supported by the evidence, if the new finding could validly have been made by the subordinate military court on the charge and if it appears that the court was satisfied of the facts establishing the offence specified or involved in the new finding;

(d)

in any case substitute for the finding of guilty made by a subordinate military court a new finding of some other offence if —

(i)

the subordinate military court could on the charge have found him guilty under section 88 of this Act of that other offence;

(ii)

the subordinate military court could have found the offender guilty of that other offence on any alternative charge that was laid, and it appears that the facts proved him guilty of that other offence;

(e)

in any case where a sentence is invalid or unduly severe substitute therefor any other punishment or any lesser punishment which the subordinate military court could have awarded but so that in any event the punishment so substituted shall not be greater or more severe than that awarded by the subordinate military court.

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(7)

Any substituted finding or sentence imposed under this section shall be treated for all purposes as a finding or sentence of the subordinate military court.

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(8)

Notwithstanding anything contained in this section but subject to the provisions of subsection (3) of section 150 of this Act, a sentence of death shall not be carried into effect until reviewed by the reviewing authority unless the sentence of death is passed on a person on active service. In such an event a sentence of death may, subject to subsection (3) of this section and to the accused’s right of appeal, be carried out if an officer of or above the rank of lieutenant-colonel, who is specifically designated by the Armed Forces Council for the purpose, certifies to the Armed Forces Council that it is essential in the interests of discipline and for the purpose of securing the safety of the force with which the accused is serving that the sentence should be carried out forthwith.

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Clause 113

Power to order a retrial

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(1)

The reviewing authority shall have and may exercise all the powers of the Military Court of Appeal to order a retrial conferred upon that Court by sections 143 and 144 of this Act and those sections shall apply with any necessary modification to a review by the reviewing authority under this section.

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(2)

Regulations made under this Act may provide for the procedure to be followed on a review of a finding or sentence by the reviewing authority.

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(3)

Any order for a retrial under this section shall operate to extinguish any appeal by the accused to the Military Court of Appeal.

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Part X

PAY

Clause 185

Authorised deductions only to be made from pay

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The pay of a serviceman shall be paid without any deduction other than the deductions authorised by this Act or any other written law or by regulations made under this Act by the Armed Forces Council.

Clause 186

Deductions from ordinary pay of servicemen

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(1)

The following deductions may, or if regulations so provide shall, be made from the ordinary pay due to a serviceman of the Singapore Armed Forces: —

(a)

all ordinary pay —

(i)

for every day of absence either on desertion or without leave, for overstaying the period for which leave of absence is granted or as a prisoner of war under circumstances described in paragraph (d) of section 11 and section 13 of this Act;

(ii)

for every day of imprisonment, corrective training, preventive detention, reformative training or detention of any other description, to which he is liable in consequence of an order or sentence of a civil court or order of the civil power;

(iii)

for every day of imprisonment, detention or field punishment awarded by a subordinate military court or detention awarded by a disciplinary officer and for every day while a serviceman is in military or civil custody on a charge for an offence of which he is afterwards convicted by a subordinate military court or a civil court, or on a charge of absence without leave for which he is afterwards awarded detention or field punishment by a disciplinary officer;

(b)

all ordinary pay for every day on which he is in hospital on account of sickness certified by the proper medical officer attending on him at the hospital to have been caused by an offence under this Act committed by him;

(c)

the sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of any offence as may be awarded by a subordinate military court by whom he is convicted of such offence or by a disciplinary officer dealing summarily with a charge under this Act;

(d)

the sum required to make good such compensation for any expenses caused by him, or for any loss of or damage or destruction done by him to any arms, equipment, clothing, instruments, or regimental necessaries or military decoration, or to any buildings or property, as may be awarded by the disciplinary officer dealing summarily with a charge under this Act or, in case he requires to be tried by a subordinate military court, by that court;

(e)

the share he is required to contribute as belonging to a unit towards compensation for barrack damage which after due investigation, to be held in the manner provided by regulations made under this Act, appears to have been occasioned by the wilful act or negligence of a person or persons who cannot be identified, belonging to the unit, during the period while such unit was in occupation; for the purposes of this paragraph, the expression“barrack damage” means damage to or loss or destruction of any premises in which servicemen are quartered or billeted, or any appurtenances, fixtures, furniture or effects therein or appertaining thereto, and the expression “unit” includes any part of a unit;

(f)

the sum required to pay a fine awarded by a subordinate military court or by a disciplinary officer, or any fine, penalty, damages, compensation, or costs which a civil court before which he has been charged with an offence has ordered him to pay; and

(g)

the sum required to pay for the maintenance of his wife or child, or of any illegitimate child, or towards the cost of any relief given by way of loan to his wife or child:Provided that —

(i)

the total amount of deduction from the ordinary pay due to a serviceman in respect of the sums required to pay any compensation, fine or sum awarded or ordered to be paid as aforesaid shall not exceed such sums as will leave to the serviceman less than fifty cents a day;

(ii)

a person shall not be subjected in respect of any compensation, fine or sum awarded or ordered to be paid as aforesaid to any deductions greater than is sufficient to make good the expenses, loss, damage or destruction for which such compensation is awarded, or to pay the said sum; and

(iii)

where a serviceman who is sentenced or ordered in respect of an offence on active service to forfeit all ordinary pay is liable to any other penal deductions from pay, the sentence or order shall apply only to so much of his ordinary pay as remains after those other deductions have been made.

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(2)

Without prejudice to the provisions of this Act as to the imposition of deduction of pay as a punishment where, after enquiry by the Armed Forces Council or by a board of inquiry convened by it under Part IX of this Act, it appears that a loss of or damage to public or Singapore Armed Forces property has been occasioned by any wrongful act or negligence of a serviceman the Armed Forces Council may order the serviceman (whether or not he is a member of the Singapore Armed Forces when the order is made) to pay as or towards compensation for the loss or damage such sum as may be specified in the order and any such sum which is not otherwise paid by the serviceman may be deducted from his pay.

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(3)

No order shall be made under subsection (2) of this section if the serviceman in proceedings under this Act —

(a)

has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question; or

(b)

has been awarded deduction of pay in respect of the same loss or damage.

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Clause 187

How deduction of pay may be remitted

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Any deduction of pay authorised by this Act may be remitted in such manner and by such authority as may from time to time be provided by regulations made under this Act, and may, subject to the provisions of any such regulations, be remitted by the Armed Forces Council.

Clause 188

Supplemental provisions as to deductions from ordinary pay

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(1)

Any sum authorised by this Act to be deducted from the ordinary pay of a serviceman may, without prejudice to any other mode of recovering the same, be deducted from the ordinary pay or from any sums due to such serviceman, in such manner, and when deducted or recovered may be appropriated in such manner, as may from time to time be directed by any regulations or order of the Armed Forces Council.

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(2)

Any such regulations or order may from time to time declare what shall be deemed for the purposes of the provisions of this Act relating to deductions from pay to constitute a day of absence or a day of imprisonment or detention, so, however, that —

(a)

no person shall be treated as absent, imprisoned or detained, for the purposes aforesaid, unless the absence, imprisonment or detention has lasted six hours or upwards, except where the absence prevented the absentee from fulfilling any military duty;

(b)

a period of absence, imprisonment or detention which commences before and ends after midnight may be reckoned as a day;

(c)

the number of days shall be reckoned as from the time when the absence, imprisonment or detention commences; and

(d)

no period of less than twenty-four hours shall be reckoned as more than one day.

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(3)

In cases of doubt as to the proper issue of pay or the proper deduction from pay due to any serviceman, the pay may be withheld until the order of the Armed Forces Council respecting it has been made.

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Clause 189

Prohibition of assignment of military pay, pensions, etc.

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Every assignment of, and every charge on, and every agreement to assign or charge, any deferred pay, or military reward payable to a serviceman or any pension, allowance or relief payable to any such serviceman, or his wife, widow, child or other dependant, or to any person in respect of any military service, shall, except so far as the same is made in pursuance of regulations made under this Act for the benefit of the family of the person entitled thereto, or as may be authorised by any written law for the time being in force, be void.

Clause 6

Establishment and organisation of the Armed Forces and continuance of existing forces

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(1)

It shall be lawful for the President of Singapore in accordance with this Act and regulations made thereunder to raise and maintain a force to be known as the “Singapore Armed Forces” which shall be a unified force consisting of military, maritime and air commands and each command shall consist of such number of servicemen as the President of Singapore may from time to time determine.

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(2)

The servicemen in each command shall be formed into such units, corps, regiments, services or other like bodies and divisions as the President of Singapore may from time to time determine.

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(3)

The President of Singapore may disband any command, unit, corps, regiment, service or other body or division constituted under subsection (2) of this section in whole or in part or amalgamate any such command, unit, corps, regiment, service or other body or division or alter the name or title thereof.

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(4)

The Singapore Army and the People’s Defence Force and any other force that was raised and maintained under any written law repealed by this Act which were in existence immediately before the date of the coming into operation of this Act shall on or after that date be deemed to be included in the Singapore Armed Forces raised and maintained under this Act.

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Clause 7

Establishment of the Armed Forces Council

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(1)

For the purpose of the administration of matters relating to the Singapore Armed Forces under this Act there shall be established an Armed Forces Council consisting of the Minister as Chairman and of such other members as the Minister may, by notification in the Gazette, appoint.

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(2)

The Armed Forces Council may make provision for the following matters: —

(a)

the organisation of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;

(b)

the duties and responsibilities of the several members of the Council, including the delegation to any member of the Council of any of its powers or duties;

(c)

the consultation by the Council with persons other than its members; and

(d)

the procedure to be followed by the Council in conducting its business (including fixing of a quorum), the appointment, at its option, of a Vice-Chairman from among its members and the functions of the Vice-Chairman.

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(3)

The Armed Forces Council may from time to time appoint committees consisting of one or more persons who may or may not be members of the Armed Forces Council, either for general or specific purposes (including disciplinary matters), and may delegate to such committees power to do any specific act or carry out any specific function.

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(4)

Every committee shall report to the Armed Forces Council.

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Clause 8

Style, seal and proceedings of the Armed Forces Council

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(1)

The Armed Forces Council may for all purposes be described by that name.

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(2)

The Armed Forces Council shall have an official seal, which shall be officially and judicially noticed, and that seal shall be authenticated by the signature of the Chairman of the Armed Forces Council, or of a secretary, or of some person authorised by the Armed Forces Council to act on behalf of a secretary.

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(3)

Every document purporting to be an instrument issued by the Armed Forces Council, and to be sealed with the seal of the Armed Forces Council, authenticated in the manner provided by this Act, or to be signed by a secretary or any person authorised by the Armed Forces Council to act on behalf of a secretary, shall be received in evidence, and be deemed to be such an instrument without further proof, unless the contrary is shown.

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(4)

A certificate signed by the Chairman of the Armed Forces Council that any instrument purporting to be made or issued by the Council was so made or issued shall be conclusive evidence of the fact.

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Clause 9

Appointment of officers

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(1)

Officers of the Singapore Armed Forces shall be appointed either by the President of Singapore or by the proper authority who or which may, without assigning any reason therefor, cancel any such appointment.

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(2)

An appointment made under subsection (1) of this section shall be in the prescribed form.

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(3)

Officers appointed under subsection (1) of this section shall be deemed to be officers of the Singapore Armed Forces from the date specified in their appointments.

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(4)

Officers may from time to time be promoted or advanced in rank by the proper authority.

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(5)

Any officer who has been commissioned pursuant to the repealed section 78 of the Singapore Army Act, 1965 (Act 13 of 1965) or has been appointed by the proper authority to hold the rank of officer and who has held that rank immediately before the date of the coming into operation of this Act shall be deemed for all purposes to have been appointed as an officer under this Act.

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Clause 10

Misconduct in action

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(1)

Every person subject to military law who, without lawful excuse, —

(a)

surrenders any place or thing to the enemy; or

(b)

abandons any place or thing which it is his duty to defend against the enemy or to prevent from falling into the hands of the enemy,shall be guilty of an offence.

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(2)

Every person subject to military law shall be guilty of an offence under this section if, being in the presence or vicinity of the enemy, or being engaged in any action or operation against the enemy or under orders to be prepared for any action or operation by or against the enemy, he —

(a)

fails to use his utmost exertions to carry the lawful orders of his superior officers into execution; or

(b)

while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having been regularly relieved, leaves any place where it is his duty to be; or

(c)

behaves in such a manner as to show cowardice, or induces any other person so to behave at a time when that other person, being a member of the Singapore Armed Forces or of any force co-operating therewith is in the presence or vicinity of the enemy, or is engaged in any action or operation against the enemy or under orders to be prepared for any action or operation by or against the enemy.

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(3)

Every person guilty of an offence under this section shall be liable on conviction by a subordinate military court to suffer death or any less punishment authorised by this Act.

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Clause 11

Assisting the enemy

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Every person subject to military law who, knowingly and without lawful excuse, —

(a)

communicates with, or gives intelligence to the enemy;

(b)

fails to make known to the proper authorities any information received by him from the enemy;

(c)

furnishes the enemy with supplies of any description;

(d)

having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorised by international usage;

(e)

harbours or protects an enemy not being a prisoner of war or knowingly does any other act to prevent the capture of an enemy;

(f)

surrenders himself to the enemy or leaves the battle;

(g)

without authority transmits or discloses any information to the enemy regarding the Singapore Armed Forces or any forces co-operating therewith; or

(h)

does any act calculated to imperil the success of any military action or operation of the Singapore Armed Forces or of any forces co-operating therewith or wilfully delays or discourages upon any pretext whatsoever any such action or operation,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to suffer death or any less punishment authorised by this Act.

Clause 12

Unauthorised disclosure of information

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(1)

Every person subject to military law who without lawful authority discloses or purports to disclose, whether orally, in writing, by signal or by any other means whatsoever, information relating to any matter upon which information would or might be useful to an enemy shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

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(2)

It shall be a defence for a person charged with an offence under this section that he did not know and had no reasonable cause to believe that the information disclosed related to a matter upon which information would or might be directly or indirectly useful to an enemy.

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Clause 13

Offences in connection with captivity

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Every person subject to military law who is captured by the enemy through his negligence or disobedience or who being captured by the enemy does not take any reasonable steps which are available to him to rejoin the Singapore Armed Forces or prevents or discourages any other person who has been captured from taking such steps shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding five years or any less punishment authorised by this Act.

Clause 14

Mutiny

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(1)

Every person subject to military law who —

(a)

takes part in a mutiny involving the use of violence or the threat of the use of violence, or having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against, the enemy, or the impeding of the performance of any such duty or service; or

(b)

incites any person subject to military law to take part in such a mutiny, whether actual or intended,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding ten years or any less punishment authorised by this Act; and if the offence is committed in the face of the enemy or involves the use of violence he shall be punished with death.

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(2)

Every person subject to military law who, in a case not falling within subsection (1) of this section, takes part in a mutiny, or incites any person subject to military law to take part in a mutiny, whether actual or intended, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding ten years or any less punishment authorised by this Act.

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(3)

For the purposes of this section “mutiny” means a combination of two or more persons subject to military law —

(a)

to overthrow or resist lawful authority in the Singapore Armed Forces or any forces co-operating therewith or any part of those forces;

(b)

to disobey lawful authority in such circumstances as to make the disobedience subversive of discipline or with the object of avoiding any duty or service against the enemy or in connection with operations against the enemy; or

(c)

to impede the performance of any duty or service in the Singapore Armed Forces or in any forces co-operating therewith or any part of those forces.

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Clause 15

Offences by or in relation to sentries, persons on watch, etc.

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Every person subject to military law who —

(a)

while on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate traffic by land, water or air, sleeps or, without having been regularly relieved, leaves any place where it is his duty to be;

(b)

strikes or otherwise uses force against a member of the Singapore Armed Forces or of any forces co-operating therewith, who is on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate traffic by land, water or air; or

(c)

by the threat of force compels any such person as is mentioned in paragraph (b) of this section to let him or any other person pass,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 16

Disobedience, non-compliance of lawful orders, etc.

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(1)

Every person subject to military law who by words or behaviour wilfully disobeys any lawful order, by whatever means communicated to him, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years, and if the offence is committed during active service, such person shall be liable on conviction by a subordinate court to imprisonment for a term not exceeding seven years or any less punishment authorised by this Act.

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(2)

Every person subject to military law who does not comply with any lawful order or neglects to perform or negligently performs any lawful duty or order shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years, and, if the offence is committed during active service, such person shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding five years or any less punishment authorised by this Act.

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Clause 17

Looting

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Every person subject to military law who —

(a)

steals from, or, with intent to steal, searches the person of anyone killed, wounded or captured in the course of warlike operations, or killed, injured or detained in the course of operations undertaken by the Singapore Armed Forces for the preservation of law and order or otherwise in aid of the civil authorities; or

(b)

steals any property which has been left exposed or unprotected in consequence of any such operations as are mentioned in paragraph (a) of this section; or

(c)

takes, otherwise than for the purposes of the Singapore Armed Forces, any aircraft, vessel, arms, vehicle, equipment or stores abandoned by the enemy,shall be guilty of the offence of looting and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding seven years or any less punishment authorised by this Act.

Clause 18

Insubordinate behaviour

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Every person subject to military law who —

(a)

strikes or otherwise uses violence to, or offers violence to, a person superior in rank; or

(b)

uses threatening or insubordinate language or gestures to, or behaves with contempt to a person superior in rank,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years and if the offence is committed during active service, for a term not exceeding five years or any less punishment authorised by this Act except that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a person superior in rank.

Clause 19

Obstruction of military policemen

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Every person subject to military law who obstructs or, when called upon, refuses to assist any military policeman or person legally exercising authority under or on behalf of a military policeman shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act except that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a military policeman or, as the case may be, a person legally exercising authority under, or on behalf of, a military policeman.

Clause 20

Disobedience of general orders

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Every person subject to military law who contravenes or fails to comply with any lawful provision of general orders, being a provision known to him or which he might reasonably be expected to know, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 21

Absence without leave

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Every person subject to military law who is absent without leave from service in the Singapore Armed Forces or from the place where he is lawfully required for the time being to be shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act except that it shall be a defence for any person charged under this section to prove that his absence was a result of circumstances over which he had no control.

Clause 22

Desertion

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(1)

Every person subject to military law who deserts shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding ten years or any less punishment authorised by this Act.

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(2)

For the purposes of this section, a person deserts if he —

(a)

leaves or fails to attend at his place of duty in the Singapore Armed Forces with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his place of duty in the Singapore Armed Forces, thereafter forms the like intention; or

(b)

absents himself without leave with intent to avoid service or any particular service before the enemy,and references in this Act to desertion shall be construed accordingly.

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Clause 23

Failure to report deserters and absentees

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Every person subject to military law who, knowing that any other person has committed an offence under section 21 or 22 of this Act, —

(a)

fails to report the fact without delay; or

(b)

fails to take any steps within his power to cause that person to be apprehended,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 24

Conduct to the prejudice of good order or discipline

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Every person subject to military law who is guilty of any act, conduct or neglect to the prejudice of good order or discipline shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding one year or any less punishment authorised by this Act.

Clause 25

Cruel, indecent or disgraceful conduct

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Every person subject to military law who behaves in a cruel, indecent or disgraceful manner or in a manner unbecoming a member of the Singapore Armed Forces shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 26

Non-prevention of offences

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Every person subject to military law who knows that another person is planning or attempting to commit an offence under section 10, 11, 14, 21 or 22 of this Act and fails to take reasonable steps to suppress or prevent its commission shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 27

Ill-treatment

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Every person subject to military law who ill-treats a serviceman of lower rank or less seniority or any person in custody or subject to his authority shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

Clause 28

Abuse of authority

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Every person subject to military law who knowingly exceeds his authority over a serviceman of lower rank or less seniority shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 29

Personation and excess of authority

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(1)

Every person subject to military law who without authority holds himself out to have a rank, status, appointment or assignment in the Singapore Armed Forces or who wears any military dress, insignia or badge whether of rank or otherwise which he is not authorised to wear shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding one year or any less punishment authorised by this Act.

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(2)

Every person subject to military law who without authority does any act while holding himself out to have authority to do so shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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Clause 30

Creating despondency or alarm

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(1)

Every person subject to military law who creates, or is likely to create, despondency or alarm in the Singapore Armed Forces by —

(a)

printing, publishing, selling, offering for sale, distributing or reproducing any publication;

(b)

uttering any words; or

(c)

behaviour,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

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(2)

Every person subject to military law who prepares, publishes or disseminates publications, or utters any words likely to be detrimental to the Singapore Armed Forces shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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(3)

Every person subject to military law who unlawfully keeps in his possession any publication likely to create despondency or alarm, or likely to be detrimental to the Singapore Armed Forces, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding one year or any less punishment authorised by this Act.

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Clause 31

Malingering

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Every person subject to military law who —

(a)

falsely pretends to be suffering from any sickness;

(b)

injures himself or any other person subject to military law with intent thereby to render himself or that other person unfit for service, or cause himself to be injured by any person with that intent; or

(c)

does any act or fails to do anything to produce, prolong or aggravate any sickness with intent to render or keep himself unfit for duty or service,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding one year or any less punishment authorised by this Act.

Clause 32

Intoxication

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Every person subject to military law who whether on duty or not is intoxicated by alcohol shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding six months or any less punishment authorised by this Act.

Clause 33

Possession, etc., of drugs

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Every person subject to military law who has in his possession, smokes, administers to himself or otherwise consumes any dangerous, prohibited or controlled drug as defined in any written law relating to the misuse or control of drugs shall, unless authorised by such law in that regard, be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or any less punishment authorised by this Act.

Clause 34

Abandonment of aircraft or vessel

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Every person subject to military law who without authority abandons any arms, aircraft, vessel or vehicle of the Singapore Armed Forces when it is threatened with loss shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding seven years or any less punishment authorised by this Act.

Clause 35

Causing or allowing any ship, vessel or aircraft to be lost or hazarded

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Every person subject to military law who, either wilfully or by negligence —

(a)

causes or allows to be lost, stranded or hazarded any ship or vessel of the Singapore Armed Forces; or

(b)

causes or allows to be lost or hazarded any aircraft of the Singapore Armed Forces,shall be guilty of an offence and shall be liable on conviction, if he acts wilfully or with wilful neglect, to imprisonment for a term not exceeding seven years or any less punishment authorised by this Act, and in any other case to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

Clause 36

Offences by commanding officer in relation to ship, vessel or aircraft taken as prize

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Every person subject to military law who, being in command of any ship, vessel or aircraft of the Singapore Armed Forces —

(a)

having taken any ship, vessel or aircraft as prize, fails to send to the High Court, or to some other prize court having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, found on board;

(b)

unlawfully makes any arrangement for the ransoming of any ship, vessel, aircraft or goods taken as prize; or

(c)

in pursuance of any such arrangement as aforesaid or otherwise by collusion, restores or abandons any ship, vessel, aircraft or goods taken as prize,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

Clause 37

Further offences in relation to a ship, vessel or aircraft taken as prize

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Every person subject to military law who —

(a)

strikes, or otherwise ill-treats, any person who is on board a ship, vessel or aircraft when taken as prize, or unlawfully takes from any such person anything in his possession;

(b)

removes out of any ship, vessel or aircraft taken as prize (otherwise than for safe keeping or for the necessary use and service of the Singapore Armed Forces) any goods not previously adjudged by a prize court to be lawful prize; or

(c)

breaks bulk on board any ship, vessel or aircraft taken as prize, or detained in exercise of any belligerent right or under any enactment, with intent to embezzle or fraudulently misapply anything therein,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

Clause 38

Offences in relation to an officer in a ship convoying and protecting a vessel

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Every officer who while serving in a ship of the Singapore Armed Forces involved in the convoying and protection of a vessel —

(a)

fails to defend a vessel or goods in his convoy;

(b)

refuses to fight in the defence of a vessel in his convoy when it is attacked; or

(c)

cowardly abandons or exposes a vessel in his convoy to hazards,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to suffer death or any less punishment authorised by this Act.

Clause 39

Disobeying lawful command of captain of a ship

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(1)

Every person who, when in a ship, disobeys any lawful command given by the captain of the ship in relation to the navigation or handling of the ship or affecting the safety of the ship, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for life or any less punishment authorised by this Act.

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(2)

For the purposes of this section, every person whatever his rank shall, when he is in a ship, be under the command, as respects all matters relating to the navigation or handling of the ship or affecting the safety of the ship, of the captain of the ship.

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Clause 40

Endangering life or property

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Every person subject to military law who does an act in relation to any thing or substance that may be dangerous to life or property, which act causes, or is likely to cause, loss of life or bodily injury to any person or cause, or is likely to cause, damage to or destruction of any property shall, if he acted wilfully, be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding five years or any less punishment authorised by this Act and if he acted negligently be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

Clause 41

Damage to, and loss of, Singapore Armed Forces property, etc.

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(1)

Every person subject to military law who —

(a)

wilfully damages or destroys or causes the loss of, or is concerned in the wilful damage, destruction or loss of, any Singapore Armed Forces property, or any property belonging to a person subject to military law; or

(b)

by wilful neglect causes or allows damage to, or the loss of, any Singapore Armed Forces property or property so belonging,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

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(2)

Every person subject to military law who —

(a)

by any negligent act or omission causes or allows damage to, or the loss of, any Singapore Armed Forces property; or

(b)

is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any such property,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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(3)

Where such property consists of arms, or is an aircraft, vessel or vehicle such person shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

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Clause 42

Dishonest misappropriation of Singapore Armed Forces property

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Every person subject to military law who —

(a)

steals or dishonestly misappropriates any Singapore Armed Forces property or any property belonging to a person subject to military law or is concerned in the stealing or dishonest misappropriation of any such property; or

(b)

receives any property belonging to the Singapore Armed Forces or to a person subject to military law knowing it to have been stolen or to have been dishonestly misappropriated,shall be guilty of an offence and shall be liable on conviction by a subordinate military court where the property stolen or dishonestly misappropriated consists of an aircraft, a vessel, or arms, to imprisonment for a term not exceeding seven years and in any other case to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

Clause 43

Misapplication and waste of Singapore Armed Forces property

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Every person subject to military law who misapplies or wastefully expends any Singapore Armed Forces property shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 44

Unlawful arrest

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Every person subject to military law who —

(a)

unlawfully places or holds a person in custody; or

(b)

does not comply with the provisions of this Act or of any regulations governing the placing or holding of a person in custody,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 45

Resistance to arrest

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Every person subject to military law who refuses to obey or strikes or otherwise uses violence to or offers violence to any person whose lawful duty it is to arrest him or to place him in custody, or in whose custody he is, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

Clause 46

Escape and permitting escape and unlawful release from custody

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(1)

Every person subject to military law who escapes from lawful custody shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or any less punishment authorised by this Act.

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(2)

Every person subject to military law who wilfully or negligently or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to guard shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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(3)

Every person subject to military law who without proper authority releases any person who is committed to his charge shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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Clause 47

Contempt

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(1)

Every person subject to military law who —

(a)

fails to comply with a summons or order to attend as a witness at the Military Court of Appeal, a subordinate military court, disciplinary trial, or board of inquiry;

(b)

refuses to take an oath or make an affirmation when required by a subordinate military court, disciplinary officer or a board of inquiry to do so;

(c)

refuses to produce any document or material in his custody or control which a subordinate military court, a disciplinary officer, a board of inquiry or an investigating officer lawfully requires him to produce;

(d)

as a witness refuses to answer any question which a subordinate military court, a disciplinary officer or a board of inquiry lawfully requires him to answer;

(e)

wilfully insults a subordinate military court, a disciplinary officer, or a board of inquiry or any person whose duty it is to attend before them; or

(f)

wilfully interrupts, obstructs or disturbs the proceedings of a subordinate military court, a disciplinary officer, or a board of inquiry,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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(2)

Where an offence under subsection (1) of this section is committed in relation to a subordinate military court and the court is of the opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial under this Act, the court may, after giving the offender an opportunity to be heard, order him to be imprisoned for a term not exceeding twenty-one days or to be fined a sum not exceeding fifty dollars.

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Clause 48

False evidence

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Every person subject to military law who having been lawfully sworn as a witness or as an interpreter in proceedings before a subordinate military court, a disciplinary officer, or a board of inquiry, makes a statement material in those proceedings which he knows to be false or does not believe to be true shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 49

Falsification of documents

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Every person subject to military law who —

(a)

makes, signs, or makes an entry in any report, return, pay list or certificate or other official document, being a document or entry which is to his knowledge false in a material particular; or

(b)

alters any report, return, pay list or certificate or other official document, or alters any entry in such a document, so that the document or entry is to his knowledge false in a material particular, or suppresses, defaces, destroys or makes away with any such document or entry which it is his duty to preserve or produce; or

(c)

with intent to deceive, fails to make an entry or fails to reveal any material fact in any such document,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 50

Refusing medical or dental examination and treatment

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Every person subject to military law who, without reasonable excuse, does not submit to —

(a)

a medical or dental examination or test;

(b)

inoculation, vaccination or immunisation; or

(c)

medical or dental treatment,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding six months or any less punishment authorised by this Act.

Clause 51

Obstructing investigation

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Every person subject to military law who does not comply with a request of an investigating officer to submit to the taking of his photograph or finger-prints shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding six months or any less punishment authorised by this Act.

Clause 52

Inaccurate certification

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(1)

Every person subject to military law who makes sign or signs, without having ensured its accuracy —

(a)

a certificate relating to any matter affecting the sea-going or fighting efficiency of any vessel of the Singapore Armed Forces; or

(b)

any certificate relating to any aircraft or aircraft material of the Singapore Armed Forces,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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(2)

In subsection (1) of this section “aircraft material” includes —

(a)

parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

(b)

engines, armaments, ammunition and bombs and other missiles of any description in, or for use in aircraft;

(c)

any other gear, apparatus or instrument in, or for use in, aircraft;

(d)

any apparatus used in connection with the taking off or landing of aircraft or for detecting the movement of aircraft; and

(e)

any fuel used for the propulsion of aircraft and any material used as lubricant for aircraft or aircraft material.

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Clause 53

Dangerous flying, etc.

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Every person subject to military law who is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding four years or any less punishment authorised by this Act except that if the offender has not acted wilfully or with wilful neglect he shall not be liable to be imprisoned for a term exceeding two years.

Clause 54

Low flying

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Every person subject to military law who, being the pilot of an aircraft, flies it at a height less than such height as may be provided in general orders shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act except that where a pilot flies an aircraft in contravention of this section on the orders of some other person who is in command of the aircraft, that other person shall be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.

Clause 55

Annoyance by flying

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Every person subject to military law who, being the pilot of an aircraft, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act except that where a pilot flies an aircraft in contravention of this section on the orders of some other person who is in command of the aircraft, that other person shall be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.

Clause 56

Irregular arrest and confinement

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Every person subject to military law who, when another person subject thereto is under arrest, —

(a)

unnecessarily delays the taking of such steps as it is his duty to take for investigating the allegations against that other person or for having the allegations against that other person investigated pursuant to this Act or, as the case may be, tried by a subordinate military court;

(b)

fails to release, or effect the release of, that other person when it is his duty to do so; or

(c)

being a disciplinary officer unnecessarily delays dealing with a charge against an accused person under Part IV of this Act,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Clause 57

Abetments and attempts

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Every person subject to military law who aids, abets, counsels or procures the commission of a military offence or who attempts to commit a military offence against any of the provisions of this Act shall on conviction by a subordinate military court be liable to suffer the same punishment as for the offence except that if the military offence is punishable by death he shall not be liable to any greater punishment than imprisonment.

Clause 58

Justification, excuse and defence

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All rules and principles from time to time followed in the civil courts that would render any circumstances a justification or an excuse or a defence to any charge shall be applicable to any charge under this Act, except in so far as such rules and principles are altered by or are inconsistent with this Act or regulations made thereunder.

Clause 59

Interpretation

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In this Part, unless the context otherwise requires —“detachment” means a part of a unit so separated from the unit to which it belongs that the senior disciplinary officer of that unit cannot effectively exercise his disciplinary powers over it;“formation” means a brigade or its equivalent in the maritime and air command or any equivalent body of servicemen;“junior disciplinary officer” means, except where otherwise expressly provided, an officer commanding a squadron, battery, company or equivalent sub-unit or any other officer in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline;“private” includes an officer cadet for the purposes of this Act.“reversion in rank” means reverting a soldier from a temporary rank to the next substantive rank;“senior disciplinary officer” means —

(a)

an officer in command of a base or unit;

(b)

a detachment commander; or

(c)

any other officer designated as a senior disciplinary officer for the purposes of discipline by the Armed Forces Council;“a soldier below the rank of warrant officer” includes a temporary warrant officer;“superior commander” means —

(a)

an officer commanding a command;

(b)

an officer commanding a formation; and

(c)

any officer designated as a superior commander for the purpose of discipline by the Armed Forces Council;“unit” means a battalion or its equivalent in the maritime and air command or any equivalent body of servicemen;

Definition

“detachment” means a part of a unit so separated from the unit to which it belongs that the senior disciplinary officer of that unit cannot effectively exercise his disciplinary powers over it;

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Definition

“formation” means a brigade or its equivalent in the maritime and air command or any equivalent body of servicemen;

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Definition

“junior disciplinary officer” means, except where otherwise expressly provided, an officer commanding a squadron, battery, company or equivalent sub-unit or any other officer in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline;

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Definition

“private” includes an officer cadet for the purposes of this Act.

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Definition

“reversion in rank” means reverting a soldier from a temporary rank to the next substantive rank;

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Definition

“senior disciplinary officer” means —

(a)

an officer in command of a base or unit;

(b)

a detachment commander; or

(c)

any other officer designated as a senior disciplinary officer for the purposes of discipline by the Armed Forces Council;

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Definition

“a soldier below the rank of warrant officer” includes a temporary warrant officer;

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Definition

“superior commander” means —

(a)

an officer commanding a command;

(b)

an officer commanding a formation; and

(c)

any officer designated as a superior commander for the purpose of discipline by the Armed Forces Council;

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Definition

“unit” means a battalion or its equivalent in the maritime and air command or any equivalent body of servicemen;

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Clause 60

Summary disposal of charges in First Schedule

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(1)

No charge made against any person subject to military law in respect of any offence that is not specified in the First Schedule to this Act shall be dealt with summarily under the provisions of this Part.

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(2)

The Armed Forces Council may by order amend or vary the First Schedule to this Act.

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Clause 61

Charges and jurisdiction

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(1)

Before an allegation against any person subject to military law (hereinafter referred to as the “accused”) that he has committed an offence against this Act is further proceeded with, the allegation shall be reported in the form of a charge to a disciplinary officer and dealt with in accordance with the provisions of this Part.

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(2)

If the accused is an officer below the rank of lieutenant-colonel, the charge shall, within such time as may be specified in regulations, be brought before a superior commander at least two ranks above him.

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(3)

If the accused is a warrant officer the charge shall within such time as may be specified in regulations be brought before a superior commander.

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(4)

If the accused is a soldier below the rank of warrant officer the charge shall within such time as may be specified in regulations be brought before a junior disciplinary officer.

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(5)

A disciplinary officer may try an accused only when —

(a)

the accused and the disciplinary officer belong to the same detachment, unit, formation or command; or

(b)

the Armed Forces Council has vested him with the powers of a senior disciplinary officer or a superior commander or a senior disciplinary officer has vested him with the powers of a junior disciplinary officer in respect of the accused.

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Clause 62

Powers of junior disciplinary officers when dealing with charge

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A junior disciplinary officer when dealing with a charge may —

(a)

dismiss the charge if he is of the opinion that it ought not to be proceeded with;

(b)

try the accused summarily; or

(c)

if he is of the opinion that the charge should not be dealt with by him —

(i)

refer the charge to a senior disciplinary officer for summary trial; or

(ii)

refer the charge to a senior disciplinary officer recommending that the accused be tried by a subordinate military court.

Clause 63

Powers of a senior disciplinary officer when dealing with charge

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(1)

A senior disciplinary officer when dealing with a charge may —

(a)

dismiss the charge if he is of the opinion that it ought not to be proceeded with;

(b)

try the accused summarily; or

(c)

if he is of the opinion that the charge should not be dealt with by him refer it to a superior commander recommending that the accused be tried by a subordinate military court.

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(2)

On receipt of a charge under subsection (1) of this section the superior commander shall either —

(a)

direct that the charge be tried by the senior disciplinary officer who referred the charge or by any other senior disciplinary officer; or

(b)

refer the charge to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act.

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Clause 64

Powers of superior commander when dealing with charge

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A superior commander when dealing with a charge other than a charge referred to him under subsection (1) of section 63 of this Act may —

(a)

dismiss the charge if he is of the opinion that it ought not to be proceeded with;

(b)

try the accused summarily;

(c)

if he is of the opinion that the charge should not be dealt with by him refer the charge to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act.

Clause 65

Restrictions on power to dismiss a charge

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(1)

A disciplinary officer shall not dismiss a charge unless he is satisfied —

(a)

that the charge is groundless; or

(b)

that there are special circumstances which justify its dismissal.

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(2)

A disciplinary officer shall record the reasons for the dismissal of a charge.

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Clause 66

Remission of case for trial or otherwise

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Where a superior commander has referred a charge to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act that person may —

(a)

direct that a charge-sheet be submitted to the convening authority;

(b)

with the approval of the Armed Forces Council, direct that the charge be tried by the senior disciplinary officer or a superior commander who has referred the charge to him or by any other senior disciplinary officer or superior commander; or

(c)

with the approval of the Armed Forces Council direct that no action be taken against the accused either by way of summary trial or by a subordinate military court.

Clause 67

Powers of punishment of junior disciplinary officer

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A junior disciplinary officer may upon conviction of an accused below the rank of warrant officer impose any one of the following punishments: —

(a)

in the case of privates and recruits detention for a period not exceeding ten days;

(b)

a fine not exceeding —

(i)

in the case of soldiers above the rank of sergeant, a sum of one hundred dollars; and

(ii)

in the case of soldiers of the rank of sergeant and below, a sum not exceeding fifty dollars;

(c)

reprimand; or

(d)

such minor punishment as he is for the time being authorised by regulations to award.

Clause 68

Powers of punishment of senior disciplinary officer

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(1)

A senior disciplinary officer may upon conviction of an accused below the rank of warrant officer impose any one of the following punishments: —

(a)

detention for a period not exceeding forty days;

(b)

reduction in rank;

(c)

reversion in rank;

(d)

a fine not exceeding —

(i)

in the case of soldiers above the rank of sergeant, a sum of one hundred and fifty dollars; and

(ii)

in the case of soldiers of the rank of sergeant and below, a sum not exceeding seventy-five dollars;

(e)

reprimand; or

(f)

such minor punishment as he is for the time being authorised by regulations to award.

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(2)

In addition to or in lieu of any other punishment, the senior disciplinary officer may order that the accused shall suffer any deduction from his ordinary pay authorised by this Act.

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Clause 69

Powers of punishment of a superior commander

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(1)

A superior commander may upon conviction of an accused who is an officer below the rank of lieutenant-colonel or a warrant officer impose any one of the following punishments: —

(a)

in the case of a warrant officer detention for a period not exceeding forty days;

(b)

forfeiture of seniority of rank and forfeiture of all or any part of his service for purposes of promotion;

(c)

a fine not exceeding —

(i)

in the case of officers, a sum of three hundred dollars; and

(ii)

in the case of warrant officers, a sum of one hundred and fifty dollars; or

(d)

reprimand.

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(2)

In addition to or in lieu of any other punishment, the superior commander may order that the accused shall suffer any deduction from his ordinary pay authorised by this Act.

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Clause 70

Power of the Armed Forces Council to deal summarily with charges against lieutenant-colonel and above

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(1)

A charge against an officer of or above the rank of lieutenant-colonel may be dealt with summarily by the Armed Forces Council.

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(2)

The Armed Forces Council may dismiss the charge if it in its discretion thinks that it ought not to be proceeded with or deal with the case summarily and upon conviction award a reprimand but no other punishment or, where it thinks the charge ought to be proceeded with, take steps for bringing the offender to trial by a subordinate military court.

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(3)

Where the Armed Forces Council decides to deal summarily with a case under this section the accused shall not be afforded an opportunity to elect to be tried by a subordinate military court.

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(4)

The power of the Armed Forces Council under this section shall not be delegated under the provisions of subsection (3) of section 7 of this Act.

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(5)

Where the Armed Forces Council considers under this section that the accused should be tried by a subordinate military court it shall refer the charge to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act.

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Clause 71

Compensation

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(1)

Where an accused is convicted by a disciplinary officer he may, in addition to any other punishment but subject to subsection (2) of this section, order the accused to pay compensation to the party who suffered damage or loss by reason of the offence.

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(2)

The amount of compensation that may be ordered by a junior disciplinary officer shall not exceed a sum of fifty dollars and the amount of compensation ordered by a senior disciplinary officer or a superior commander shall not exceed a sum of one hundred dollars.

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Clause 72

Recovery of compensation

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An order for payment of compensation made under section 71 of this Act shall not prejudice any right to any civil remedy for the recovery of damages beyond the amount of compensation paid under the order.

Clause 73

Power to quash finding of disciplinary officer

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(1)

The Armed Forces Council may, upon the advice of the person appointed under paragraph (a) of subsection (5) of section 80 of this Act —

(a)

quash any finding, sentence, order of dismissal of a charge or award of compensation of a disciplinary officer;

(b)

substitute any new finding for any finding of guilty made by a disciplinary officer that is illegal or cannot be supported by the evidence if the new finding could validly have been made by the disciplinary officer on the charge and if it appears that the disciplinary officer was satisfied of the facts establishing the offence specified or involved in the new finding;

(c)

substitute another punishment or a lesser punishment where the sentence of a disciplinary officer is invalid or unduly excessive but so that the punishment substituted shall not in any event be greater or more severe than that awarded by the disciplinary officer.

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(2)

Any substituted finding or sentence under subsection (1) of this section shall be treated for all purposes as a finding or sentence of the disciplinary officer.

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(3)

When servicemen are serving outside Singapore the powers under subsection (1) of this section shall be exercised by an officer appointed by the Armed Forces Council.

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Clause 74

Inapplicability of law of evidence

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A disciplinary officer shall not be bound by the laws of evidence and shall act in such manner as seems to him most expedient for the disposal of the charge.

Clause 75

Right of accused to elect for trial by a subordinate military court

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(1)

Notwithstanding the provisions in this Part but subject to this section, a disciplinary officer who has proceeded to deal with a case summarily and is satisfied on the evidence as to the accused’s guilt shall, before proceeding to conviction and punishment, other than a reprimand or minor punishment, afford the accused an opportunity of electing to be tried by a subordinate military court and if the accused so elects the disciplinary officer shall forward the charge-sheet, record of the evidence and such other particulars as may be prescribed to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act who may —

(a)

direct that a charge be submitted to the convening authority; or

(b)

with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of summary trial or by a subordinate military court.

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(2)

Where under subsection (1) of this section the disciplinary officer considers that in the circumstances of the case a proper punishment for the offence would be a reprimand or a minor punishment he may proceed to the conviction of the accused without giving him an opportunity of electing to be tried by a subordinate military court.

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Clause 76

Limitation on disciplinary proceedings

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No person shall be tried by a disciplinary officer after the expiry of six months from the date of the commission of the offence.

Clause 77

Record of proceedings

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Every disciplinary officer shall keep a record of proceedings conducted by him under this Part and upon the conclusion of the proceedings shall forward the record to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act.

Clause 114

Scale of punishments, etc.

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(1)

The punishments which may be awarded by sentence of a subordinate military court under this Act are, subject to the provisions of this section —

(a)

death;

(b)

imprisonment;

(c)

discharge with ignominy;

(d)

dismissal;

(e)

detention for a term not exceeding two years;

(f)

reduction in rank except that an officer shall not be reduced below the rank of second lieutenant;

(g)

forfeiture of seniority of rank and forfeiture of all or any part of his service for purposes of promotion;

(h)

a fine;

(i)

in the case of an offence which has occasioned any expense, loss or damage, deduction of pay;

(j)

reprimand;

(k)

such minor punishments as may from time to time be authorised by the Armed Forces Council in regulations,and references in this Act to any punishment provided by this Act are, subject to the limitation imposed in any particular case by the addition of the word “less” are references to any one or more of the said punishments.

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(2)

For the purposes of this Part a punishment specified in subsection (1) of this section shall be treated as less than the punishments specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following that paragraph except that detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment.

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(3)

A person sentenced to death by a subordinate military court shall also be sentenced to discharge with ignominy.

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(4)

(a)

An officer sentenced by a subordinate military court to imprisonment or detention shall also be sentenced to discharge with ignominy but if the subordinate military court fails to give effect to this subsection the sentence shall not be invalid but shall be deemed to include a sentence of discharge with ignominy from the Singapore Armed Forces.

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Clause 115

Suspension of sentence

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(1)

The following provisions of this section shall have effect as respects the suspension of a sentence of imprisonment or detention passed by a subordinate military court or by a disciplinary officer.

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(2)

It shall be lawful for a subordinate military court or a disciplinary officer when passing a sentence of imprisonment or detention to order that the sentence shall be suspended and the accused shall not in that event be committed to prison or detention barracks.

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(3)

Where any such sentence is suspended and the offender so sentenced is sentenced for a fresh offence during the period of suspension by a subordinate military court to imprisonment or to detention or by a disciplinary officer to detention then the court or the disciplinary officer may cancel the suspension of the earlier sentence by an order committing the offender to imprisonment or detention, as the case may be, or to detention in the case of a disciplinary officer, and in such an event the court or the disciplinary officer shall direct whether the two sentences are to run concurrently or consecutively.

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Clause 116

Commencement of sentences

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(1)

The term of imprisonment, or detention to which a person subject to military law is sentenced by a subordinate military court or a term of detention awarded by a disciplinary officer whether the person is already undergoing sentence or not shall take effect from the date on which it was passed unless the court or the disciplinary officer passing the sentence otherwise directs.

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(2)

A sentence of imprisonment or detention passed by a subordinate military court or sentence of detention passed by a disciplinary officer or when there has been an appeal, by the Military Court of Appeal, which is suspended pursuant to section 115 of this Act, shall not begin to run until the beginning of the date on which the suspension is cancelled.

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Clause 117

Sentence of detention

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(1)

A person sentenced to detention under this Act shall, unless otherwise provided for in regulations, serve his sentence in detention barracks.

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(2)

A person shall not in any event be required to serve any part of a sentence of detention in a military or civil prison except that in such cases and subject to such conditions as may be specified in regulations a person serving such a sentence may be temporarily detained in a military or civil prison for any period not exceeding seven days and thereafter shall be transferred to detention barracks.

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Clause 118

Civil prisons may receive military prisoners

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It shall be lawful for the Director of Prisons appointed under section 8 of the Prisons Act (Cap. 79) or any Superintendent of Prisons, in accordance with any regulations made under this Act, to receive any person —

(a)

sentenced by a subordinate military court duly sent to him in pursuance of the regulations and to confine him until execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law;

(b)

delivered into his custody as a deserter or absentee without leave by any person conveying him under legal authority on production of a warrant of a magistrate on which such deserter or absentee without leave has been taken or committed; and

(c)

in military custody and detain him for a period not exceeding seven days.

Clause 119

Provisions as to persons unlawfully at large

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(1)

Any person who, having been sentenced by a subordinate military court to imprisonment or detention or to detention by a disciplinary officer, is at large may (without prejudice to any other power of arrest) be arrested by any police officer without warrant and taken to any place in which he may be required to be detained in accordance with this Act or any regulations made thereunder.

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(2)

Where any person sentenced by a subordinate military court to imprisonment or detention or sentenced to detention by a disciplinary officer is at large at any time during the period for which he is liable to be detained in pursuance of the sentence, no account shall be taken, in calculating the period for which he is liable to be so detained, of any time elapsing after he was at large and before either he is taken into custody or he is received into a military prison, whether in pursuance of the same sentence or of a sentence of any other court.

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Clause 120

Power of President of Singapore to grant a pardon and to mitigate punishment, etc.

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The President of Singapore, as occasion shall arise, may, on the advice of the Cabinet —

(a)

grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;

(b)

grant to any offender convicted of any offence in any subordinate military court, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President of Singapore may think fit, of the execution of any sentence pronounced on such offender; or

(c)

remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.

Clause 121

Establishment, jurisdiction and powers of the Military Court of Appeal

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(1)

There shall be established a Military Court of Appeal which shall be a superior court of record and shall consist of a president who shall be, or is a person qualified to be, a Judge of the High Court nominated by the Chief Justice and four other members two of whom shall be qualified persons of at least five years standing and two of whom shall be officers of or above the rank of captain.

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(2)

The two members of the Military Court of Appeal who are qualified persons shall be appointed by the Armed Forces Council from a panel of qualified persons and the two members who are officers shall be selected by the Armed Forces Council from a panel of officers.

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(3)

There may be paid to the qualified persons appointed under subsection (2) of this section such remuneration and allowances as the Armed Forces Council may determine.

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(4)

The Military Court of Appeal shall have jurisdiction to hear and determine any appeal by a person convicted by a subordinate military court subject nevertheless to the provisions of this Part regulating the terms and conditions upon which such appeals may be brought.

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(5)

The Military Court of Appeal shall for the purposes of the provisions of this Act have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in any case before it and may issue any warrants necessary for enforcing its orders or sentences.

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(6)

The determination of any question before a Military Court of Appeal shall be according to the opinion of the majority of the members of the Court hearing the case.

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(7)

An appeal by a person convicted by a subordinate military court shall be either against the conviction or against sentence or against both except that where an accused person has pleaded guilty and has been convicted on such plea by a subordinate military court there shall be no appeal except as to the extent or legality of the sentence.

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(8)

An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.

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(9)

When an accused person has been acquitted by a subordinate military court there shall be no appeal except by the person appointed under paragraph (a) of subsection (5) of section 80 of this Act.

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Clause 122

Oath and affirmation

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(1)

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

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(2)

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

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(3)

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

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(4)

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

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Clause 123

Lodging of notice of appeal

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(1)

An appeal shall be lodged by way of a notice of appeal to the registrar of the Military Court of Appeal.

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(2)

A notice of appeal shall be lodged within fourteen days after the date on which the decision appealed against was given, provided that the president of the Military Court of Appeal may on the application of any party desirous of appealing, permit the lodging of an appeal upon such terms and with such directions as it may consider desirable after the expiry of this period.

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(3)

The other party to the proceedings before a subordinate military court shall be respondent to an appeal.

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Clause 124

Notice of appeal

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(1)

Every notice of appeal shall state shortly the substance of the judgment appealed against, the grounds of the appeal which shall include definite particulars of the points of law or fact in regard to which the court appealed from is alleged to have erred, the particulars of the appellant and the address at which any notices or documents may be served upon the appellant or upon his counsel and shall be signed by the appellant.

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(2)

At any stage of the hearing of the appeal, the appellant may, with the permission of the Military Court of Appeal, amend the notice of appeal, including the grounds thereof.

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Clause 125

Delivery of the notice of appeal

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A copy of the notice of appeal shall be delivered by the registrar to the president of the Military Court of Appeal and upon the issue of the convening order under subsection (1) of section 126 of this Act to the other members of the Court and to the respondents.

Clause 126

Convening order

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(1)

Upon the lodging of an appeal, the president of the Military Court of Appeal shall issue a convening order.

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(2)

A convening order shall contain the following particulars: —

(a)

the particulars of the members of the Court;

(b)

the particulars of the appellant and the respondent;

(c)

the date on which the hearing shall commence;

(d)

the place of the hearing;

(e)

any other particulars as may be prescribed in regulations.

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Clause 127

Delivery of convening order

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A copy of the convening order shall be delivered by the registrar of the Military Court of Appeal, as soon as possible, to the members of the Court, to the appellant and to the respondent.

Clause 128

Withdrawal of appeal

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The appellant may at any time, with the permission of the president of the Military Court of Appeal, withdraw his appeal.

Clause 129

Joint or separate appeal

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The president of the Military Court of Appeal may order, where appeals by more than one party against a judgment have been submitted, that they shall be heard jointly or separately.

Clause 130

Delivery of judgment and record to the Military Court of Appeal

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Where an appeal has been lodged, the judgment, the record of the proceedings and any other relevant material of the subordinate military court shall be delivered by the registrar to the president of the Military Court of Appeal and to the members thereof and to the military prosecutor.

Clause 131

Proceedings in Military Court of Appeal

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(1)

Where a party to an appeal having been summoned does not attend, the Military Court of Appeal may hear the appeal in his absence.

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(2)

During the hearing of the appeal, the appellant shall be heard first and the respondent shall be heard after him; the appellant shall then be entitled to reply.

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(3)

Where appeals by several persons are heard jointly, the president of the Court shall determine the order in which they are to be heard.

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(4)

The president of the Military Court of Appeal may permit any party to present additional arguments.

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Clause 132

Effect of death or sickness on Court

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(1)

If the Military Court of Appeal, after the commencement of the appeal, is by reason of death or otherwise reduced below the legal minimum, it shall be dissolved.

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(2)

If before the commencement of the appeal, the president of the Military Court of Appeal dies or is otherwise unable to attend, the Court shall be dissolved.

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(3)

If, on account of the illness of the accused before the appeal is dealt with, it is impossible to continue the appeal, the Court shall be dissolved.

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(4)

Where the Military Court of Appeal is dissolved under subsection (1), (2) or (3) of this section, the appeal shall be dealt with at a later date.

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Clause 133

Removal from office and bar to serve in Military Court of Appeal, etc.

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(1)

The Armed Forces Council may on the advice of the Chief Justice remove the president of the Military Court of Appeal from office for misbehaviour or for inability, whether from infirmity of body or mind or any other cause, properly to discharge the functions of his office.

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(2)

The Armed Forces Council may bar any officer from serving as a member of a Military Court of Appeal or a subordinate military court for misbehaviour or for inability, whether from infirmity of body or mind or from any other cause, properly to discharge the functions of the office.

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Clause 134

Challenge by accused

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(1)

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.

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(2)

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.

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(3)

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.

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Clause 135

Interpretation

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In this Part, unless the context otherwise requires, the expression “appellant” includes a person who is appointed under paragraph (a) of subsection (5) of section 80 of this Act.

Clause 136

Power to quash conviction as wrong in law, etc.

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(1)

The Military Court of Appeal shall allow an appeal against conviction by a subordinate military court if it thinks —

(a)

that the finding of the subordinate military court under all the circumstances of the case is unsafe or unsatisfactory; or

(b)

that the finding involves a wrong decision of a question of law; or

(c)

that there was a material irregularity in the course of the trial,and in any other case shall dismiss the appeal.

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(2)

The Court may, however, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

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(3)

If the Military Court of Appeal allows an appeal against conviction, it shall quash the conviction.

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(4)

In an appeal from an order of acquittal the Military Court of Appeal may reverse the order and direct that further enquiry shall be made or that the accused shall, subject to section 143 of this Act, be retried or find him guilty and pass sentence on him according to law.

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(5)

At the hearing of an appeal the Military Court of Appeal may subject to this Part —

(a)

if the appeal is against a conviction —

(i)

reverse the finding and sentence and acquit the accused or order him to be retried under section 143 of this Act;

(ii)

alter the finding, maintain the sentence or, with or without altering the finding, reduce or enhance the sentence; or

(iii)

with or without reduction or enhancement and with or without altering the finding alter the nature of the sentence;

(b)

if the appeal is against sentence, reduce or enhance the sentence or alter the nature of the sentence;

(c)

if the appeal is from any other order alter or reverse the order.

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Clause 137

Adjustment of sentence in case of conviction on two or more charges

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Where —

(a)

it appears to the Military Court of Appeal that an appellant, though not properly convicted on some charge preferred against him before the subordinate military court by which he was tried, was properly convicted on some other charge so preferred; and

(b)

the sentence passed by the subordinate military court on the appellant was not warranted for the offence of which he was convicted on the other charge,the Court shall pass on the appellant, in substitution for the sentence passed on him by the subordinate military court, such sentence so warranted as it thinks proper.

Clause 138

Substitution of conviction on different charge

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(1)

This section applies where an appellant has been convicted of an offence and the subordinate military court by which he was tried could lawfully have found him guilty of some other offence, and it appears to the Military Court of Appeal that the subordinate military court must have been satisfied of the facts which proved him guilty of that other offence.

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(2)

The Military Court of Appeal may in the circumstances referred to in subsection (1) of this section, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the subordinate military court, such sentence as it thinks proper, being a sentence warranted by that other offence.

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Clause 139

Variation of conviction so as to attract different sentence

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(1)

Where an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Military Court of Appeal that the subordinate military court by which he was tried ought to have found him guilty of the offence as being committed under circumstances involving the lower degree of punishment, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment.

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(2)

Where an appellant has been convicted of an offence and it appears to the Military Court of Appeal that the subordinate military court by which he was tried ought to have found him guilty of the offence subject to exceptions or variations, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the offence subject to exceptions or variations.

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(3)

Where the Military Court of Appeal exercises the power conferred by subsection (1) or (2) of this section the Court may pass on the appellant, in substitution for the sentence passed on him by the subordinate military court, such sentence as it thinks proper, being a sentence warranted for the offence specified or involved in the substituted finding.

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Clause 140

Substitution of finding of insanity or unfitness to plead

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Where on an appeal the Military Court of Appeal is of the opinion that the proper finding should have been a finding that the accused was not guilty by reason of insanity or that the accused was unfit to stand his trial, the Military Court of Appeal shall order that the accused be kept in custody and dealt with in accordance with the procedure laid down in regulations made under this Act where a subordinate military court makes a finding of not guilty by reason of insanity or a finding of unfitness to stand trial.

Clause 141

Term of sentence passed under section 136, 137, 138 or 139

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The term of any sentence passed by the Military Court of Appeal under section 136, 137, 138 or 139 of this Act shall, unless the Court otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal was brought.

Clause 142

Retrial generally excluded

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Except as provided by this Act, where the conviction of a person by a subordinate military court for an offence has been quashed under this Act, he shall not be liable to be tried again for that offence by a subordinate military court or by a civil court or by a disciplinary officer.

Clause 143

Power to authorise retrial in certain cases

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(1)

The Military Court of Appeal shall have the power, on quashing a conviction or reversing an order of acquittal, to make an order authorising the appellant to be retried by a subordinate military court, but shall only exercise this power when the appeal against conviction or an order of acquittal is allowed by reason only of evidence received or available to be received by the Court under section 146 of this Act and it appears to the Court that the interests of justice require that an order under this section should be made.

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(2)

An appellant shall not be retried under this section for an offence other than —

(a)

the offence of which he was convicted by the original subordinate military court and in respect of which his appeal is allowed as mentioned in subsection (1) of this section;

(b)

any offence of which he could have been convicted at the original subordinate military court on a charge of the first-mentioned offence; or

(c)

any offence charged in the alternative in respect of which the subordinate military court recorded no finding in consequence of convicting him of the first-mentioned offence.

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(3)

A person who is to be retried under this section for an offence shall, if the Military Court of Appeal so directs, be retried on a fresh charge or charges specified in that direction.

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Clause 144

Implementation of authority for retrial, and supplementary orders of Military Court of Appeal

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(1)

The limitations imposed in this Act with respect to the time within which a trial may be begun, shall not apply in the case of a retrial authorised by an order of the Military Court of Appeal under subsection (4) of section 136 or section 143 of this Act.

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(2)

The Military Court of Appeal may, where it authorises a retrial, make such orders as appear to it to be necessary or expedient for the retention until the relevant time of property or money which has been restored, delivered or paid in pursuance of an order made on or in consequence of the original conviction or has been placed in safe custody while the operation of any such order is suspended.

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(3)

In subsection (2) of this section the reference to “the relevant time” is reference to the time when the case is finally disposed of except that for the purposes of that subsection the relevant time, in a case where the appellant is found guilty on his retrial, is the expiration of the period of twenty-eight days beginning with the date of the finding.

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Clause 145

Presentation of appellant’s case

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An appellant may, if he so desires, instead of presenting his case orally, present it in writing in the prescribed form.

Clause 146

Evidence

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(1)

The Military Court of Appeal may —

(a)

order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case;

(b)

order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Court, whether or not he was called at the trial; and

(c)

receive the evidence, if tendered, of any witness.

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(2)

Without prejudice to the generality of subsection (1) of this section, where evidence is tendered to the Military Court of Appeal under that subsection, the Court shall, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power under that subsection of receiving it if —

(a)

it appears to it that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and

(b)

it is satisfied that it was not adduced at the trial, but there is a reasonable explanation of the failure to adduce it.

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(3)

Paragraph (c) of subsection (1) of this section shall apply to any witness (including the appellant) who is competent but not compellable, and shall apply also to the appellant’s husband or wife where the appellant makes an application for that purpose and the evidence of the husband or wife could not have been given at the trial except on such an application.

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(4)

The Military Court of Appeal may order the examination of any witness whose attendance may be required under paragraph (b) of subsection (1) of this section to be conducted in the prescribed manner before any member of the Court or before any other person appointed by the Court for that purpose, and allow the admission of any depositions so taken as evidence before the Court.

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Clause 147

Mode of taking additional evidence

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(1)

Without prejudice to the provisions of section 146 of this Act in dealing with any appeal the Military Court of Appeal may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.

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(2)

When such additional evidence is taken by the trial court, it shall certify such evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Military Court of Appeal, and the Military Court of Appeal shall thereupon proceed to dispose of the appeal.

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(3)

The parties to the appeal shall be present when such additional evidence is taken.

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(4)

In dealing with any appeal the Military Court of Appeal may also, if it thinks fit, call for and receive from the trial court a report of any matter connected with the trial.

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Clause 148

Judgment

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(1)

On the termination of the hearing of an appeal the Military Court of Appeal shall, either at once or on some future date which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open Court.

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(2)

The Military Court of Appeal shall ordinarily give only one judgment, which may be pronounced by the president or by such other member of the Court as the president may direct but separate judgments shall be delivered if the president so directs.

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(3)

The judgment of any member of the Military Court of Appeal who is absent may be read by any other member.

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Clause 149

Judgment to be certified to trial court

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(1)

The Military Court of Appeal shall certify its judgment or order to the trial court.

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(2)

The trial court shall thereupon make such orders as are conformable to the judgment or order of the Military Court of Appeal, and, if necessary, the record shall be amended in accordance therewith.

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(3)

Upon the withdrawal or discontinuance of any appeal the registrar shall notify the trial court accordingly and if any stay of execution has been granted, the sentence or order of the trial court shall forthwith be enforced.

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Clause 150

Appeal not to operate as stay of execution

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(1)

Except in the cases mentioned in subsection (3) of this section, no appeal shall operate as a stay of execution, but the trial court may stay execution on any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in such judgment, order, conviction or sentence as to the Military Court of Appeal may seem reasonable.

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(2)

If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the Military Court of Appeal otherwise orders.

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(3)

In the case of a conviction involving sentence of death —

(a)

the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given, or any extension of time which may be permitted, under section 123 of this Act; and

(b)

if notice is so given the sentence shall not be executed until after the determination of the appeal.

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Clause 151

Summary rejection of appeal

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(1)

Where the grounds of appeal do not raise any question of law and it appears to the Military Court of Appeal that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Military Court of Appeal to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the president, certifying that the members of the Court, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint, and notice of such rejection shall be served upon the appellant.

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(2)

If, in any case rejected under subsection (1) of this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the registrar of application for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate and solicitor specifying the question to be raised and undertaking to argue it, the Military Court of Appeal may grant leave to amend accordingly and shall restore the appeal for hearing.

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(3)

For the purposes of subsection (2) of this section, the question whether a sentence ought to be reduced shall be deemed not to be a question of law.

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Clause 152

Reference of point of law to Military Court of Appeal in case of acquittal by subordinate military court

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(1)

When any person has been acquitted in a trial before a subordinate military court and the person appointed under paragraph (a) of subsection (5) of section 80 of this Act has, within one month from the date of such acquittal or such time as the Military Court of Appeal may permit, signed and filed with the registrar a certificate that the determination of such trial involved a question of law which it is desirable to have determined by the Military Court of Appeal the Court shall review the case or such part of it as may be necessary and shall deliver a declaratory judgment thereon.

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(2)

A declaratory judgment of the Military Court of Appeal under subsection (1) of this section shall not operate to reverse an order of acquittal, but such judgment shall thereafter be binding upon all other subordinate military courts in the same manner as an ordinary judgment of the Military Court of Appeal.

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(3)

The powers conferred upon the person appointed under paragraph (a) of subsection (5) of section 80 of this Act by this section shall be exercisable by him only.

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Clause 153

Costs of appeal

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The Military Court of Appeal may make such order as to the whole or any part of the costs of appeal or the whole or any part of the costs in a subordinate military court as it thinks fit.

Clause 154

No appeal from Military Court of Appeal

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No appeal shall lie from any decision of the Military Court of Appeal.

Clause 155

Regulations of procedure in Military Court of Appeal

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The Armed Forces Council may by regulations made under this Act provide for the procedure and practice to be followed in the Military Court of Appeal.

Clause 156

General authority

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(1)

Every person subject to military law found committing or reasonably suspected of having committed an offence under this Act or any regulations made thereunder may be arrested in accordance with the provisions of this Act.

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(2)

Any person making an arrest shall actually touch or confine the body of the person being arrested unless there is a submission to the arrest by word or action.

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(3)

Every person authorised to make an arrest under this Act may use such force as is reasonably necessary for that purpose.

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(4)

Where a person forcibly resists an attempt to arrest him or attempts to evade the arrest, the person arresting him or any other person assisting him may use all means necessary to make the arrest.

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Clause 157

Search of place where person sought to be arrested has entered

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(1)

If any person acting with a warrant of arrest issued under section 163 of this Act or acting without a warrant of arrest under sections 158, 159 and 160 of this Act has reason to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of such place shall, on demand of such person acting as aforesaid, allow him free entry thereto and afford all reasonable facilities for search therein of the person to be arrested.

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(2)

Where free entry to such place cannot be obtained under subsection (1) of this section it shall be lawful for a person acting with a warrant of arrest or a military policeman acting without a warrant of arrest where such warrant is not immediately obtainable in order to effect an entrance into such place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if after notification of his authority and purpose and demand of admittance duly made he cannot otherwise obtain admittance.

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Clause 158

Powers of officers

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An officer may, without a warrant of arrest, subject to regulations, arrest —

(a)

any serviceman of lower rank; and

(b)

any officer who is engaged in a quarrel, affray or disorder.

Clause 159

Powers of servicemen

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A serviceman, other than an officer, may without a warrant of arrest, subject to regulations, arrest any serviceman, other than an officer, of lower rank.

Clause 160

Powers of military policemen

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(1)

A military policeman may, without a warrant of arrest, subject to regulations, arrest any person subject to military law.

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(2)

Without prejudice to his powers of arrest under subsection (1) of this section a military policeman may, without a warrant of arrest, subject to regulations, arrest any person subject to military law who does not give sufficient information to identify himself.

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(3)

A military policeman shall have —

(a)

the same powers of arrest as a police officer over a person not subject to military law who is in a place in the possession, control or occupancy of the Singapore Armed Forces; and

(b)

power to arrest a person not subject to military law who wilfully obstructs any military operation, training or function.

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Clause 161

Power of arrest of suspected deserters

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(1)

A police officer may arrest any person whom he has reasonable cause to suspect is a deserter or is absent without leave.

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(2)

Where no police officer is present any person may arrest a person whom he has reasonable grounds to suspect is a deserter or is absent without leave.

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(3)

Where a person is arrested under subsection (1) or (2) of this section the arrested person shall be taken as soon as possible before a civil court.

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Clause 162

Proceedings before a civil court where persons suspected of illegal absence

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(1)

Where a person who is brought before a civil court is alleged to be a serviceman who has deserted or is absent without leave, subsections (2), (3) and (4) of this section shall have effect.

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(2)

If he admits that he is illegally absent from the Singapore Armed Forces and the court is satisfied of the truth of the admission, then notwithstanding that he is in custody for some other cause, the court may forthwith cause him to be delivered into military custody in such manner as the court may think fit.

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(3)

If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if satisfied that he is subject to military law and if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave then, unless he is in custody for some other cause, the court shall cause him to be delivered into military custody, but otherwise shall discharge him.

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(4)

If the accused is in custody for some other cause the court shall have power, but shall not be required, to act in accordance with subsection (3) of this section.

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Clause 163

Issue of warrant of arrest

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(1)

Subject to the provisions of this section, a senior disciplinary officer or a superior commander may by a warrant under his hand authorise the arrest of any person subject to military law.

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(2)

A senior disciplinary officer or a superior commander shall, unless he is otherwise authorised by the Armed Forces Council, issue warrants of arrest only in respect of persons serving in his command, formation or unit, as the case may be.

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(3)

In the case of a person subject to military law not being a serviceman, a warrant of arrest shall be issued only by a senior disciplinary officer or a superior commander authorised in that behalf by the Armed Forces Council.

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(4)

Every warrant shall remain in force until cancelled by a disciplinary officer or a superior commander or executed.

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Clause 164

Warrants to whom directed

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(1)

A warrant of arrest may be directed to —

(a)

all military policemen but any military policeman may execute such warrant;

(b)

any one or more servicemen not being military policemen;

(c)

the Commissioner of Police and all other police officers in Singapore.

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(2)

When a warrant is directed to more than one person it may be executed by all or any one or more of them.

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Clause 165

Provision for avoiding delay after arrest

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(1)

The allegations against any person subject to military law who is under arrest shall be duly investigated without unnecessary delay and as soon as may be either proceedings shall be taken for punishing his offence or he shall be released from arrest.

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(2)

Whenever any person subject to military law has been arrested and remains under arrest for a longer period than eight days before being brought before a subordinate military court or a disciplinary officer for trial a special report on the necessity for further delay shall be made to such person and in such manner as may be prescribed and a similar report shall be made to the like person in the like manner every eight days until he is brought before a subordinate military court for trial or has been dealt with summarily by a disciplinary officer or he is released from arrest.

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(3)

Subsection (2) of this section shall not apply where the accused is on active service.

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Clause 166

Search of persons arrested

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(1)

A military policeman making an arrest under this Act may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him and any such articles which there is reason to believe were the instruments or the fruits of or other evidence of the crime may be detained until his discharge or acquittal.

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(2)

Any person other than a military policeman making an arrest under this Act may search the person arrested for any offensive weapons and may seize any such weapons.

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Clause 167

Power of search by persons of a superior rank

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Any person superior in rank to a serviceman may, without warrant, search a serviceman, or a place, if he has authority over the serviceman or such place.

Clause 168

Search warrant

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A president of a subordinate military court, a senior disciplinary officer and a superior commander may, in accordance with regulations, issue search warrants.

Clause 169

Searching of women

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Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

Clause 170

Forms of warrants

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Warrants of arrest and search warrants shall be in such form as may be prescribed by regulations made under this Act.

Clause 171

Investigating officers

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The following persons may, subject to section 172 of this Act, serve as investigating officers: —

(a)

any officer appointed in writing by a senior disciplinary officer or a superior commander to investigate a military offence; and

(b)

any military policeman.

Clause 172

Restriction on powers of investigating officers. First Schedule

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(1)

An investigating officer appointed under the provisions of paragraph (a) of section 171 of this Act may only conduct an investigation where there is reason to believe that a military offence specified in the First Schedule to this Act has been committed.

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(2)

A military policeman may conduct an investigation where there is reason to believe that any offence involving persons subject to military law has been committed.

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(3)

An investigation may be conducted where the person who has committed the offence is not known.

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Clause 173

General powers of investigating officers

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(1)

An investigating officer may —

(a)

issue an order in writing requiring the attendance before him of any person who appears to be acquainted with the circumstances of the matter;

(b)

if he considers that the production of any document or other material is necessary or desirable for the purpose of an investigation, issue an order in writing to the person in whose possession, custody or control such document or material is believed to be, requiring him to attend and produce it at the time and place stated in the order;

(c)

for the purpose of the investigation, take possession of or photograph any material or document;

(d)

take or cause to be taken the finger-prints, photographs of a person accused of an offence and may use them in any manner he deems fit including sending the same for identification and report;

(e)

visit any place for the purpose of investigation; and

(f)

examine orally any person who may be acquainted with the facts and circumstances of the matter under investigation and shall reduce into writing any statement made by the person so examined.

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(2)

Where an investigation into an offence involving persons subject to military law, that is not committed on active service, is completed the investigating officer —

(a)

if he is an officer appointed under paragraph (a) of section 171 of this Act shall forward the investigation material obtained pursuant to the exercise of his powers under subsection (1) of this section to the senior disciplinary officer or superior commander who appointed him to investigate the offence who shall thereupon cause the matter to be dealt with in accordance with the provisions of Part IV of this Act;

(b)

if he is a military policeman shall forward the investigation material obtained pursuant to the exercise of his powers under subsection (1) of this section to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act who shall, if he is of the opinion that the investigation material discloses sufficient evidence to connect a person subject to military law with the commission of an offence, direct a military prosecutor to frame a charge and submit the same to a disciplinary officer for summary trial under Part IV of this Act or to the convening authority for trial by a subordinate military court.

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(3)

Where the investigation is in respect of an offence committed by a person on active service the investigating officer, whether a military policeman or otherwise shall submit the investigation material to a senior disciplinary officer or superior commander who will if he is satisfied that the material discloses evidence to connect that person with the commission of the offence either deal with the case summarily or arrange the convening of a field general court martial for the trial of that person.

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Clause 174

Witnesses

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(1)

Any witness before an investigating officer shall be bound to state truly the facts and circumstances with which he is acquainted concerning the matter under investigation and shall answer every question put to him in the course of the investigation provided that he may decline to make a statement which may incriminate him.

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(2)

A statement made by any person under this section shall be read over to him by the investigating officer and shall, after giving him the opportunity to make any corrections, be signed by such person.

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(3)

Where the person who has made a statement refuses to sign the statement the investigating officer shall record the fact of the refusal.

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Clause 175

Admissibility of statements

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(1)

Save as in this section provided, no statement made by any person to an investigating officer in the course of an investigation shall be used as evidence at his trial.

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(2)

When any witness, other than the accused, is called for the prosecution or for the defence the subordinate military court shall, on the request of the accused or the prosecutor, refer to any statement made by such witness to an investigating officer, and such statement may be used in the manner provided by the Evidence Act (Cap. 5).

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(3)

When a person is charged with an offence in relation to the making or contents of any statement made by him to an investigating officer in the course of an investigation, such statement may be used in or as evidence.

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(4)

Where a person is charged with an offence any statement, whether such statement amounts to a confession or not or is oral or in writing, made at any time, whether in the course of an investigation or not, by such person to or in the hearing of an investigating officer shall be admissible in evidence at his trial and, if such person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.

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(5)

A subordinate military court shall refuse to admit such statement or allow it to be used as aforesaid if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

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(6)

A subordinate military court may refuse to admit such statement or allow it to be used as aforesaid where it appears to the court that the statement was not made and recorded substantially in compliance with regulations.

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Clause 176

No inducement to be offered

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No investigating officer or person in authority shall offer, make, cause to be offered or made any inducement, promise, threat or force, to any person, to induce such person to make any statement.

Clause 177

Board of inquiry

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(1)

Where it is expedient that the Armed Forces Council and such other bodies as it may appoint or prescribe for that purpose (hereinafter in this Part referred to as the “convening body”) should be informed on any matter connected with the government, discipline, administration or functions of the Singapore Armed Forces or affecting any person subject to military law, the Armed Forces Council or any such body may convene a board of inquiry.

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(2)

A board of inquiry shall inquire and report on the facts relating to any matter referred to it and, if directed by the convening body so to do, express its opinion on any question arising out of any such matter.

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Clause 178

Composition

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(1)

A board of inquiry shall consist of one or more persons who shall be members of the Singapore Armed Forces.

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(2)

Where a board of inquiry consists of more than one person the convening body shall appoint one of the members to be Chairman. Where a board of inquiry consists of one member only he shall be vested with the powers of Chairman.

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Clause 179

Powers

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A board of inquiry may —

(a)

summon any person to give evidence on oath or on affirmation or produce any document or material necessary for the purpose of the inquiry;

(b)

visit any place in order to inquire into any matter which may arise in the course of the inquiry.

Clause 180

Evidence and procedure

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Save as otherwise provided in this Act or in regulations made thereunder, a board of inquiry shall not be bound by the rules of evidence and shall act in such manner as it thinks most expedient.

Clause 181

Admissibility of evidence

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No statement made in the course of any inquiry and no report of a board of inquiry shall be admissible as evidence in proceedings before a subordinate military court or a disciplinary officer other than proceedings for an offence under section 48 of this Act.

Clause 182

Sittings not open to public

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A board of inquiry shall not sit in public and no person shall be allowed to attend an inquiry or address the board of inquiry except with the permission of the Chairman or if the convening body so directs.

Clause 183

Person who may be affected by finding

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(1)

Where it appears to a board of inquiry that any person subject to military law may be adversely affected by its findings it shall notify him thereof and give him an opportunity to be present at the sittings of the board of inquiry or at such part thereof as the Chairman of the board may specify.

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(2)

Any such person as referred to in subsection (1) of this section shall be allowed to give evidence and examine witnesses.

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Clause 184

Record of proceedings

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(1)

The Chairman shall record or cause to be recorded in writing the proceedings of the board of inquiry.

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(2)

The evidence of each witness before the board of inquiry shall be read over to him and shall be signed by him.

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(3)

A record of the proceedings shall be signed by the Chairman and members, if any, and forwarded to the convening body.

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Clause 190

Application of emergency powers

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Whenever the President of Singapore is of the opinion that it is necessary so to do for securing the public safety or the defence of Singapore, he may from time to time order sections 191 and 192 of this Act to come into operation and may vary or revoke such order.

Clause 191

Emergency powers

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Where the public safety or the defence of Singapore so require it shall be lawful for any serviceman acting on the authority of the Armed Forces Council —

(a)

to enter, inspect, occupy, take possession of, evacuate, use, transfer, confiscate, repair or destroy any private or public property; and

(b)

to order any person to do any work or render any service.

Clause 192

Compensation and remuneration

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(1)

Any person who suffers damage because of any act under paragraph (a) of section 191 of this Act shall be entitled to due compensation.

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(2)

Any person who does work or renders a service under paragraph (b) of section 191 of this Act shall be entitled to remuneration in accordance with the order of the Armed Forces Council.

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Clause 193

Obstruction of exercise of emergency powers

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Any person who interferes with or obstructs an act under paragraph (a) of section 191 of this Act or does not comply with an order under paragraph (b) of section 191 of this Act shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding three years or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.

Clause 194

Exemption of servicemen from certain laws

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Any serviceman acting bona fide and in his official capacity shall be exempt from all written laws providing for the carriage and storage of arms.

Clause 195

Reduction in rank for inefficiency

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When a serviceman by reason of unsuitability or inefficiency of a nature which does not warrant disciplinary action is nevertheless undeserving to retain his rank, the Armed Forces Council may, after giving him three months notice in writing to that effect, reduce him to a rank appropriate to his abilities.

Clause 196

Mode of complaint by servicemen

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If any serviceman thinks himself wronged in any matter by another serviceman superior to him in rank he may complain to his commander, but if the first mentioned serviceman is an officer who is equivalent or superior in rank to the commander he may complain to an officer next senior in rank to him and every officer to whom a complaint is made in pursuance of this section shall cause such complaint to be enquired into and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of. If the serviceman is not satisfied that his complaint has been redressed he may complain to the Armed Forces Council and the Armed Forces Council shall examine such complaint and do justice in the matter.

Clause 197

Regulations

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The Armed Forces Council may make regulations in respect of all or any of the following matters: —

(a)

the government, administration and organisation of the Singapore Armed Forces;

(b)

ranks of servicemen;

(c)

powers of commanders;

(d)

powers of disciplinary officers;

(e)

procedure and practice in summary trials;

(f)

powers and duties of military policemen;

(g)

arrests and searches and investigation of offences;

(h)

payments, deductions, forfeitures, pensions and gratuities;

(i)

terms and conditions of servicemen including classes or categories of servicemen and periods of service;

(j)

terms and conditions of service of the president of the Military Court of Appeal and the registrar thereof;

(k)

boards of inquiry;

(l)

military decorations;

(m)

military funerals and burials at sea;

(n)

the military prisons or detention barracks in which persons may be required to serve the whole or any part of military sentences of imprisonment and detention passed on them under this Act;

(o)

the committal of persons under military sentences of imprisonment or detention to military prisons or detention barracks, their removal from one place to another or from one form of custody to another and their release on the coming to an end of any term of imprisonment or detention;

(p)

the provision, classification, regulation and management of military prisons or detention barracks;

(q)

the classification, treatment, employment, discipline and control of persons serving military sentences of imprisonment or detention or in military custody;

(r)

the temporary release on compassionate grounds of persons serving such sentences in military prisons or detention barracks, the cases in which periods for which and conditions subject to which they may be allowed out of any such places as aforesaid and the remission of part of any such sentence for good conduct and industry;

(s)

the appointment, powers and duties of inspectors, visitors and officers and other members of the staff of military prisons and detention barracks; and

(t)

any other matters which the Armed Forces Council considers necessary or expedient for the purposes of this Act.

Clause 198

Regulations to be presented to Parliament

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All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Clause 199

General Orders of Ministry of Defence

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(1)

The Armed Forces Council may from time to time make such orders not inconsistent with the provisions of this Act and the regulations made thereunder to be called “General Orders of the Ministry of Defence” as it may consider necessary or expedient.

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(2)

All orders of the Ministry of Defence that were made before the date of the coming into operation of this Act and which are in force on that date shall be deemed to be “General Orders of the Ministry of Defence” for the purposes of this Act and shall in so far as they are not inconsistent with this Act or any regulations made thereunder continue to apply to the Singapore Armed Forces.

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(3)

Without prejudice to the generality of subsection (1) of this section, the Armed Forces Council may make orders relating to —

(a)

conduct and discipline and the regulation and carrying out of punishment;

(b)

classification and promotion;

(c)

instructions and examinations;

(d)

inspection, drill, parades, training and exercises;

(e)

the institution and maintenance of common rooms and canteens; and

(f)

the manner and form of reports, correspondence and other records.

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(4)

It shall not be necessary to publish any General Orders of the Ministry of Defence in the Gazette.

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Clause 200

Savings and transitional provisions

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Notwithstanding the repeal of the Singapore Army Act, 1965 (Act 13 of 1965) or any other enactment repealed by this Act —

(a)

where an officer authorised to convene a court martial under the Singapore Army Act, 1965 has issued a convening order pursuant to that Act and the court martial has not been convened before the date of the coming into operation of this Act, such convening order shall cease to have effect and a fresh convening order shall be issued by the convening authority appointed under this Act;

(b)

where a person has been charged and is being tried before a court martial under the Singapore Army Act, 1965 or any other enactment repealed by this Act or is being dealt with summarily under sections 52 and 53 of that Act and the trial has not been completed before the date of coming into operation of this Act, he shall continue to be tried and dealt with in accordance with the provisions of that Act as if this Act had not been passed;

(c)

any sentence or finding of a court martial under the Singapore Army Act, 1965 that is subject to confirmation but has not been confirmed shall be dealt with in accordance with the provisions of that Act as if this Act had not been passed;

(d)

where a person has been sentenced under the Singapore Army Act, 1965 or any other enactment repealed by this Act and the whole or part of the sentence has not been carried out before the date of the coming into operation of this Act such sentence shall be carried out in the manner prescribed under that Act as if this Act had not been passed;

(e)

an investigation or inquiry being conducted under the Singapore Army Act, 1965 or any other enactment repealed by this Act, on the date of the coming into operation of this Act, shall be deemed to be an investigation or inquiry held under this Act;

(f)

a person in military custody under the Singapore Army Act, 1965 or any other enactment repealed by this Act shall remain in military custody and be dealt with in accordance with the provisions of this Act unless otherwise lawfully released; and

(g)

any order or instructions issued by the Armed Forces Council constituted under Article 137 of the Malaysian Constitution or by the Army Board constituted under the Singapore Army Act, 1965 before the date of the coming into operation of this Act and which are in force on that date, shall remain in force as General Orders of the Ministry of Defence until revoked.

Clause 201

Cessation, repeals and amendments

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(1)

The following Ordinances shall cease to apply to Singapore —

(a)

The Navy Ordinance, 1958 (M. Ord. 27/58);

(b)

The Navy Volunteer Ordinance, 1958 (M. Ord. 55/58);

(c)

The Air Force Ordinance, 1958 (M. Ord. 20/58); and

(d)

The Air Force Volunteer Reserve Ordinance, 1958 (M. Ord. 59/58).

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(2)

Article 137 of the Constitution of Malaysia shall cease to apply to Singapore.

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(3)

The Singapore Army Act, 1965 (Act 13 of 1965) and the People’s Defence Force Act (Cap. 234), are hereby repealed.

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(4)

The Queen’s Regulations for the Army or the Royal Air Force of the United Kingdom and Queen’s Regulations of the Royal Navy of the United Kingdom shall, in so far as they are not inconsistent with the provisions of this Act or any regulations made thereunder or any General Orders of the Ministry of Defence, continue to apply to the Singapore Armed Forces constituted under this Act.

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(5)

The provisions of the Acts set out in the first column of the Second Schedule to this Act are hereby amended in the manner and to the extent set out in the second column of that Schedule.

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Schedule 1

(Section 60)

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FIRST SCHEDULE(Section 60)Subject. Section. 1.Offences by or in relation to sentries, persons on watch, etc. 152.Disobedience, non compliance of lawful orders, etc. 163.Insubordinate behaviour 184.Obstruction of military policemen 195.Disobedience of general orders 206.Absence without leave 217.Failure to report deserters and absentees 238.Conduct to the prejudice of good order or discipline 249.Cruel, indecent or disgraceful conduct 2510.Non-prevention of offences 2611.Ill treatment 2712.Abuse of authority 2813.Personation and excess of authority 2914.Malingering 3115.Intoxication 3216.Damage to and loss of Singapore Armed Forces property 4117.Dishonest misappropriation of Singapore Armed Forces property 4218.Misapplication and waste of Singapore Armed Forces property 4319.Unlawful arrest 4420.Resistance to arrest 4521.Escape and permitting escape and unlawful release from custody 4622.Contempt 4723.Falsification of documents 49(a) and (b)24.Refusing medical or dental examination and treatment 5025.Obstructing investigation 5126.Inaccurate certification 5227.Irregular arrest and confinement 5628.Abetments and attempts 57

Schedule 2

(Section 201 (5))

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SECOND SCHEDULE(Section 201 (5))Act. Amendments. The Republic of Singapore Independence Act, 1965. (Act 9 of 1965). In section 8, delete subsection (3).The Finance Act. (Cap. 139). In section 12, delete the definition of “payroll” and substitute the following: —“ “payroll” means the total remuneration paid by or on behalf of an employer to his employees in any month and includes a proportion of the civilian remuneration that an employer is liable to pay to his employee who is required to report for reserve service pursuant to paragraph (b) of section 14 or for mobilised service pursuant to section 18 of the Enlishment Act (Cap. 229) by virtue of section 24 of that Act.”.The Enlistment Act. (Cap. 229). In section 2, delete the definition of “proper authority” and substitute the following: —“ “proper authority” means the Armed Forces Council and any person or body appointed by it by name or by office for the purposes of the whole or any Part of this Act;”.In section 19, delete subsection (1) and substitute the following: —“(1) Any person may apply to the proper authority to be enlisted for regular service in the Singapore Armed Forces established under the Singapore Armed Forces Act, 1972 (Act of 1972).”.In subsection (1) of section 21, insert after the words “full-time” in the fourth line thereof the expression “, reserve” and at the end thereof insert the words “except where that person has been required to perform further reserve service pursuant to subsection (14) of section 114 of the Singapore Armed Forces Act, 1972, in which event an employer may at his discretion reinstate that person”.In subsection (1) of section 22, insert at the end thereof “unless that person has assumed duties or liabilities in connection with additional reserve service under a punishment imposed by a court pursuant to subsection (14) of section 114 of the Singapore Armed Forces Act, 1972, in which event an employer may at his discretion dismiss that person”.Delete section 24 and substitute the following: —“Loss of salary and wages 24.—

(1)

The employer of a person required to report for reserve service pursuant to paragraph (b) of section 14 of this Act or for mobilised service pursuant to section 18 of this Act shall continue to be liable to pay such person at a rate equivalent to his usual rate of civilian remuneration less the amount of any remuneration due to him in respect of such service. (2) Any employer who has paid any sum pursuant to subsection (1) of this section shall, subject to any regulations which may be made by the Minister, be entitled, upon the production of such evidence as the designated authority may require, to claim reimbursement of such sum from the designated authority by deductions from the payroll tax which such employer is liable to pay under the provisions of Part III of the Finance Act (Cap. 139). (3) Where a person is required to perform further reserve service pursuant to subsection (14) of section 114 of the Singapore Armed Forces Act, 1972, his employer shall, subject to this subsection, continue to be liable to pay such person, at a rate equivalent to his usual rate of civilian remuneration less the amount of any remuneration due to him in respect of such further reserve service except that —

(a)

where such a person is gainfully employed under a contract of service by two or more employers each of the employers concerned shall be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by each of the employer bears to the total civilian remuneration that the reservist receives from all his employers;

(b)

where such a person is self employed as well as gainfully employed under a contract of service his employer shall only be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by his employer bears to the total amount received by the reservist from his civilian remuneration. (4) An employer who has paid any sum pursuant to subsection (3) of this section shall not be entitled to claim reimbursement thereof from the designated authority by deduction from the payroll tax which such employer is liable to pay under Part III of the Finance Act (Cap. 139). (5) Subject to regulations made by the Minister, an employer may claim from the designated authority from monies to be provided by Parliament —

(a)

in the case where he is not liable to pay payroll tax, reimbursement of the whole of any sum paid pursuant to subsection (1) of this section;

(b)

in the case where his payroll tax over a period of time to be specified in regulations is insufficient to reimburse him for the sum paid by him pursuant to subsection (1) of this section, reimbursement of the balance of any such sum. (6) Subject to such conditions, restrictions or limitations as the Minister may by regulations provide, any person who —

(a)

is performing service pursuant to paragraph (b) of section 14 of this Act; or

(b)

is performing service pursuant to section 18 of this Act,and who immediately prior to the performance of such service was —

(i)

self-employed;

(ii)

self-employed as well as gainfully employed under a contract of service; or

(iii)

gainfully employed by two or more employers,shall be entitled to claim reimbursement of any amount by which his civilian remuneration is reduced as a result of being required to perform such service less any service remuneration to which he is entitled in respect of such service and the designated authority may pay such claims from monies to be provided by Parliament. (7) In this section —“designated authority” means such person as the Minister may designate for the purposes of this section;“civilian remuneration” means remuneration including allowances ordinarily regarded as forming part of such remuneration derived from gainful employment which a person would have received had he not been required to perform service under paragraph (b) of section 14 or section 18 of this Act or subsection (14) of section 114 of the Singapore Armed Forces Act, 1972 but shall not include bonuses or ex-gratia payments. (8) If any dispute arises between the designated authority and any employer under subsection (2) of this section or any person under subsection (5) of this section as to the amount that such employer or such person may claim by way of reimbursement, then, in every such case, the matter shall be referred to the Minister whose decision thereon shall be final. (9) Where under the Central Provident Fund Act (Cap. 121) an employer pays contributions in respect of his employee the employer shall continue to pay the same amount of contributions and at the same rate notwithstanding that his employee is performing service pursuant to section 14 or 18 of this Act or subsection (14) of section 114 of the Singapore Armed Forces Act, 1972 unless the employee has been dismissed under section 22 of this Act on account of his further service under subsection (14) of section 114 of the Singapore Armed Forces Act, 1972.”.The Visiting Forces Act. (Cap. 237). In subsections (1) and (3) of section 15, delete “sections 109 and 129 of the Singapore Army Act, 1965” and substitute, in each case, “sections 118, 161 and 162 of the Singapore Armed Forces Act, 1972”.In subsection (2) of section 15, delete “sections 109 and 129” and substitute “sections 118, 161 and 162”.In section 16, delete “Singapore Army Act, 1965” and substitute “Singapore Armed Forces Act, 1972”.

Common questions

What is Singapore Armed Forces Bill?
Singapore Armed Forces Bill is Singapore Bill, cited as Bill 2 1972, currently marked in force and first recorded in 1972.
Is Singapore Armed Forces Bill still in force?
Yes — Singapore Armed Forces Bill is currently in force.
When did Singapore Armed Forces Bill take effect?
Singapore Armed Forces Bill was first recorded in 1972.
How many clauses does Singapore Armed Forces Bill have?
Singapore Armed Forces Bill contains 201 clauses.
Where can I read the official version of Singapore Armed Forces Bill?
The official text of Singapore Armed Forces Bill is published at sso.agc.gov.sg.