Singapore Armed Forces (Board of Inquiry) Regulations

These Regulations may be cited as the Singapore Armed Forces (Board of Inquiry) Regulations.

In these Regulations, unless the context otherwise requires —“board” means a board of inquiry;“chairman” means the chairman of a board;“civil authority” includes a coroner and the civil police;“civilian witness” means a person who gives evidence before a board and is —

a person to whom section 3(c) and (d) of the Act applies; or

a person who is not subject to military law or the service law (which has the same meaning as in Part I of the Visiting Forces Act (Cap. 344)) of a visiting force, that is to say, any such body, contingent or detachment of the forces of any country as if for the time being a visiting force for the purpose of any of the provisions of that Act;“convening body”, in relation to a board of inquiry, means the Armed Forces Council or any person or body of persons appointed under the Act or prescribed by these Regulations to convene the board;“DXO officer” means a regular serviceman in the non-uniformed service holding a grade prescribed in the Singapore Armed Forces (DXO — Service Grades) Regulations 2002 (G.N. No. S 324/2002) as an officer grade;“formation” means a brigade or its equivalent in the maritime and air commands or any equivalent body of servicemen;[Deleted by S 323/2002 wef 01/07/2002]“record of proceedings”, in relation to a board, includes the report of the board and any opinion expressed by the board in accordance with any direction given by the convening body;“represented” means represented by an officer of the Singapore Armed Forces or by counsel (which means a person qualified within the meaning of the Legal Profession Act (Cap. 161)), and “representative” shall be construed accordingly.

It shall be the duty of a board to investigate and report on the facts relating to any matter referred to the board under these Regulations and, if directed so to do, to express its opinion on any question arising out of any such matter.

The convening body for a board set up for the purpose of inquiring into and reporting on the facts relating to any matter mentioned in regulation 5(1) shall be —

the Armed Forces Council;

an officer commanding a command or formation or a person who is for the time being performing the functions of such officer;

an officer commanding a unit or detachment of the Singapore Armed Forces —

where the matter to be inquired into is specified in regulation 5(1)(a); or

where the matter to be inquired into is specified in regulation 5(1)(b), (c) or (d) and the officer is specifically authorised by the Armed Forces Council or an officer mentioned in sub-paragraph (b) to inquire into that particular matter; or

any other convening body appointed under Part IX of the Act.

The convening body for a board set up for the purpose of inquiring into and reporting on the facts relating to a matter mentioned in regulation 5(2) shall be an officer commanding a unit or detachment of the Singapore Armed Forces or, where necessary, a convening body referred to in paragraph (1)(a), (b) or (d).

The following provisions shall be specified in the order convening a board:

the order shall specify the composition of the board and the place and time at which the board shall assemble;

where the matter referred to the board is that mentioned in regulation 5(1)(a) the order shall, and in the case of a board convened to inquire into any of the other matters set out in regulation 5(1) or into any of the matters set out in regulation 5(2), the order may specify the terms of reference of the board and be published in military orders;

the order may direct the board to express its opinion on any question arising out of any matter referred to the board;

the convening body may at any time revoke, vary or suspend the order; and

the order shall be in Form 1 set out in the First Schedule.

The convening body for a board set up for the purpose of inquiring into and reporting on the facts relating to any matter mentioned in regulation 5(1) shall be —

the Armed Forces Council;

an officer commanding a command or formation or a person who is for the time being performing the functions of such officer;

an officer commanding a unit or detachment of the Singapore Armed Forces —

where the matter to be inquired into is specified in regulation 5(1)(a); or

where the matter to be inquired into is specified in regulation 5(1)(b), (c) or (d) and the officer is specifically authorised by the Armed Forces Council or an officer mentioned in sub-paragraph (b) to inquire into that particular matter; or

any other convening body appointed under Part IX of the Act.

The convening body for a board set up for the purpose of inquiring into and reporting on the facts relating to a matter mentioned in regulation 5(2) shall be an officer commanding a unit or detachment of the Singapore Armed Forces or, where necessary, a convening body referred to in paragraph (1)(a), (b) or (d).

The following provisions shall be specified in the order convening a board:

the order shall specify the composition of the board and the place and time at which the board shall assemble;

where the matter referred to the board is that mentioned in regulation 5(1)(a) the order shall, and in the case of a board convened to inquire into any of the other matters set out in regulation 5(1) or into any of the matters set out in regulation 5(2), the order may specify the terms of reference of the board and be published in military orders;

the order may direct the board to express its opinion on any question arising out of any matter referred to the board;

the convening body may at any time revoke, vary or suspend the order; and

the order shall be in Form 1 set out in the First Schedule.

Subject to these Regulations, a board convened by any of the convening bodies set out in regulation 4(1) shall be competent to inquire into —

the absence of any person subject to military law who has been continuously absent without leave for a period of not less than 21 days and the deficiency (if any) in the clothing, arms, ammunition or other equipment or any other public or service property issued to him for his use;

the capture of any person subject to military law by the enemy and his conduct in captivity, if, on his return from captivity, the convening body considers that there are reasonable grounds for suspecting that he was made a prisoner of war through disobedience to orders or wilful neglect of his duty, or that having been made a prisoner of war he failed to take all reasonable steps available to him to rejoin the Singapore Armed Forces, or that having been made a prisoner of war he served with or aided the enemy in the prosecution of hostilities or measures calculated to influence morale or in any other manner whatsoever not authorised by international usage;

the death of any person in a military establishment, being an establishment in any country or territory outside Singapore where an inquiry into the death is not required to be held by any civil authority; and

any of the matters set out in Part I of the Second Schedule which the convening body decides to refer to the board, and other matters which are deemed by the convening body to be important matters.

Subject to these Regulations, a board convened by the convening body referred to in regulation 4(2) shall be competent to inquire into any of the matters set out in Part II of the Second Schedule and into any matter not being —

the absence of a person subject to military law;

the capture of any such person by the enemy; or

a matter which a board convened for the purposes of inquiry into matters set out in paragraph (1) is competent to inquire into, unless otherwise provided for.

Subject to these Regulations, a board convened by any of the convening bodies set out in regulation 4(1) shall be competent to inquire into —

the absence of any person subject to military law who has been continuously absent without leave for a period of not less than 21 days and the deficiency (if any) in the clothing, arms, ammunition or other equipment or any other public or service property issued to him for his use;

the capture of any person subject to military law by the enemy and his conduct in captivity, if, on his return from captivity, the convening body considers that there are reasonable grounds for suspecting that he was made a prisoner of war through disobedience to orders or wilful neglect of his duty, or that having been made a prisoner of war he failed to take all reasonable steps available to him to rejoin the Singapore Armed Forces, or that having been made a prisoner of war he served with or aided the enemy in the prosecution of hostilities or measures calculated to influence morale or in any other manner whatsoever not authorised by international usage;

the death of any person in a military establishment, being an establishment in any country or territory outside Singapore where an inquiry into the death is not required to be held by any civil authority; and

any of the matters set out in Part I of the Second Schedule which the convening body decides to refer to the board, and other matters which are deemed by the convening body to be important matters.

Subject to these Regulations, a board convened by the convening body referred to in regulation 4(2) shall be competent to inquire into any of the matters set out in Part II of the Second Schedule and into any matter not being —

the absence of a person subject to military law;

the capture of any such person by the enemy; or

a matter which a board convened for the purposes of inquiry into matters set out in paragraph (1) is competent to inquire into, unless otherwise provided for.

The following provisions shall apply in regard to the constitution of a board convened for the purpose of an inquiry into matters set out in regulation 5(1):

the board shall consist of not less than 3 persons to be appointed by the convening body;

the chairman shall be an officer not below the rank of captain, or an DXO officer not below officer grade 10, who is subject to military law;

each member of the board other than the chairman shall be an officer, or an DXO officer, who is subject to military law; and

an order convening the board shall specify by name the members of the board and which of them is to act as chairman.

The following provisions shall apply in regard to the constitution of a board convened for the purpose of an inquiry into the matters set out in regulation 5(2):

the board shall consist of one or more persons to be appointed by the convening body;

the chairman of the board shall be an officer or an DXO officer;

every member of the board shall be a person who is subject to military law; and

an order convening the board shall specify by name the member or members of the board and the person who is to act as chairman.

The following provisions shall apply in regard to the constitution of a board convened for the purpose of an inquiry into matters set out in regulation 5(1):

the board shall consist of not less than 3 persons to be appointed by the convening body;

the chairman shall be an officer not below the rank of captain, or an DXO officer not below officer grade 10, who is subject to military law;

each member of the board other than the chairman shall be an officer, or an DXO officer, who is subject to military law; and

an order convening the board shall specify by name the members of the board and which of them is to act as chairman.

The following provisions shall apply in regard to the constitution of a board convened for the purpose of an inquiry into the matters set out in regulation 5(2):

the board shall consist of one or more persons to be appointed by the convening body;

the chairman of the board shall be an officer or an DXO officer;

every member of the board shall be a person who is subject to military law; and

an order convening the board shall specify by name the member or members of the board and the person who is to act as chairman.

Subject to paragraph (2), where a matter for inquiry that is within the competence of a board convened by any of the bodies set out in regulation 4(1) to inquire into is the subject of investigation by the military police or by civil authority or of proceedings under military law or of proceedings in a civil court whether within or without Singapore, and —

a board has not been convened with reference thereto, the convening body may defer the convening of a board until the completion of such investigation or proceedings and upon completion thereof shall not be required to convene a board if satisfied that a board is not necessary; or

a board has already been convened with reference thereto, the convening body may stay the proceedings of the board until such investigation or proceedings have been completed and shall then dissolve the board, if satisfied that a board is not necessary.

Paragraph (1) shall not apply to the convening of a board with reference to such absence and such deficiency (if any) as are mentioned in regulation 5(1)(a), but where the convening body is satisfied that the absence has terminated and —

a board has not yet been convened with reference to the absence and deficiency (if any), the convening body shall not be required to convene a board; or

the board has already been convened with reference thereto, the convening body may forthwith dissolve the board.

Where a matter is the subject of investigation by the military police, or is the subject of proceedings under military law or of proceedings in a civil court whether within or without Singapore, and a board has been convened to inquire into matters set out in regulation 5(2), the convening body may stay the proceedings thereof until such investigation or proceedings have been completed and shall then dissolve the board, if satisfied that a board is not necessary.

Subject to paragraph (2), where a matter for inquiry that is within the competence of a board convened by any of the bodies set out in regulation 4(1) to inquire into is the subject of investigation by the military police or by civil authority or of proceedings under military law or of proceedings in a civil court whether within or without Singapore, and —

a board has not been convened with reference thereto, the convening body may defer the convening of a board until the completion of such investigation or proceedings and upon completion thereof shall not be required to convene a board if satisfied that a board is not necessary; or

a board has already been convened with reference thereto, the convening body may stay the proceedings of the board until such investigation or proceedings have been completed and shall then dissolve the board, if satisfied that a board is not necessary.

Paragraph (1) shall not apply to the convening of a board with reference to such absence and such deficiency (if any) as are mentioned in regulation 5(1)(a), but where the convening body is satisfied that the absence has terminated and —

a board has not yet been convened with reference to the absence and deficiency (if any), the convening body shall not be required to convene a board; or

the board has already been convened with reference thereto, the convening body may forthwith dissolve the board.

Where a matter is the subject of investigation by the military police, or is the subject of proceedings under military law or of proceedings in a civil court whether within or without Singapore, and a board has been convened to inquire into matters set out in regulation 5(2), the convening body may stay the proceedings thereof until such investigation or proceedings have been completed and shall then dissolve the board, if satisfied that a board is not necessary.

A board shall assemble at the time and place specified in the order convening the board.

The chairman shall lay the terms of reference before the board and the board shall proceed to hear and record the evidence in accordance with these Regulations.

A board shall assemble at the time and place specified in the order convening the board.

The chairman shall lay the terms of reference before the board and the board shall proceed to hear and record the evidence in accordance with these Regulations.

The chairman may, from time to time, adjourn the board which shall sit on such occasions and in such places as he may, from time to time, direct.

Without prejudice to paragraph (1), the convening body may at any time, if it is necessary or desirable, direct that the board shall re-assemble for such purpose or purposes as it may specify.

The chairman may, from time to time, adjourn the board which shall sit on such occasions and in such places as he may, from time to time, direct.

Without prejudice to paragraph (1), the convening body may at any time, if it is necessary or desirable, direct that the board shall re-assemble for such purpose or purposes as it may specify.

A board shall hear the evidence of the witnesses who have been made available by the convening body and may hear the evidence of such other persons as the board thinks fit.

A civilian witness shall be entitled to receive the reasonable expenses of his attendance and a reasonable allowance in respect of loss of time.

A board shall hear the evidence of the witnesses who have been made available by the convening body and may hear the evidence of such other persons as the board thinks fit.

A civilian witness shall be entitled to receive the reasonable expenses of his attendance and a reasonable allowance in respect of loss of time.

Where it appears to the board that any witness or other person, being a witness or other person subject to military law, may be affected by the findings of the board, it shall take such steps as are in its view reasonable and necessary to secure that such witness or other person has notice of the proceedings, and, if he so desires, has an opportunity of being present, and represented at the sittings of the board, or at such part thereof as the chairman may specify.

For the purposes of these Regulations, an affected person is a person who is subject to military law and who, as a result of the findings of the board, might be subjected to disciplinary action or suffer a deduction from pay or be liable to be censured.

The chairman shall explain to an affected person (who is a witness at the inquiry) who does not apply to be present or represented, his rights either before the board begins to hear evidence or as soon as it becomes apparent that he is an affected person.

When an affected person referred to in paragraph (3) is not available, the chairman shall inquire into what steps were taken to ensure that the person was notified of both the date of the sitting of the board and the nature of the matters to be investigated by the board.

If the chairman is not satisfied that reasonable steps were taken to enable the person to be present and represented, he shall adjourn and report his opinion to the convening body.

Where a person who may be affected states that he does not wish to be present or to be represented, as the case may be, the chairman shall make note of that fact in the record of proceedings.

The chairman shall consider the interests of security and may direct that a person who may be affected shall only be present at specified times, or that at certain times during the proceedings that person’s representative shall not be present.

Any witness or other person as is referred to in paragraph (1) may give evidence, question witnesses or produce any witness to give evidence on matters which may affect him and, if he is represented, his representative may question witnesses, but a representative shall not address the board except with the permission of the chairman.

Where an affected person has not been given notice of any sitting of a board, and an opportunity of being present and represented thereat or any part thereof under paragraph (1), the board shall —

enable such person or his representative to read the written record of the evidence or a part thereof given by such witness as the chairman of the board may specify; and

inform such person that he may give any evidence to the board, examine any witness who has given evidence before the board, or produce such other witness as the board may allow to give evidence before the board on any matter inquired into by it which may affect such person.

Where a board has, under paragraph (9), enabled an affected person or his representative to read the written record of the evidence or a part thereof given by a witness before the board, the board shall, if the affected person so desires, allow him —

to give evidence to the board on any matter inquired into by it which may affect that person; and

to examine any witness who has given evidence before the board and to produce such other witness, as the board may allow to give evidence before it on such matter.

Where an affected person, referred to in paragraph (10) is represented, his representative may question witnesses before the board; but the representative shall not address the board except with the permission of the chairman.

Where it appears to the board that any witness or other person, being a witness or other person subject to military law, may be affected by the findings of the board, it shall take such steps as are in its view reasonable and necessary to secure that such witness or other person has notice of the proceedings, and, if he so desires, has an opportunity of being present, and represented at the sittings of the board, or at such part thereof as the chairman may specify.

For the purposes of these Regulations, an affected person is a person who is subject to military law and who, as a result of the findings of the board, might be subjected to disciplinary action or suffer a deduction from pay or be liable to be censured.

The chairman shall explain to an affected person (who is a witness at the inquiry) who does not apply to be present or represented, his rights either before the board begins to hear evidence or as soon as it becomes apparent that he is an affected person.

When an affected person referred to in paragraph (3) is not available, the chairman shall inquire into what steps were taken to ensure that the person was notified of both the date of the sitting of the board and the nature of the matters to be investigated by the board.

If the chairman is not satisfied that reasonable steps were taken to enable the person to be present and represented, he shall adjourn and report his opinion to the convening body.

Where a person who may be affected states that he does not wish to be present or to be represented, as the case may be, the chairman shall make note of that fact in the record of proceedings.

The chairman shall consider the interests of security and may direct that a person who may be affected shall only be present at specified times, or that at certain times during the proceedings that person’s representative shall not be present.

Any witness or other person as is referred to in paragraph (1) may give evidence, question witnesses or produce any witness to give evidence on matters which may affect him and, if he is represented, his representative may question witnesses, but a representative shall not address the board except with the permission of the chairman.

Where an affected person has not been given notice of any sitting of a board, and an opportunity of being present and represented thereat or any part thereof under paragraph (1), the board shall —

enable such person or his representative to read the written record of the evidence or a part thereof given by such witness as the chairman of the board may specify; and

inform such person that he may give any evidence to the board, examine any witness who has given evidence before the board, or produce such other witness as the board may allow to give evidence before the board on any matter inquired into by it which may affect such person.

Where a board has, under paragraph (9), enabled an affected person or his representative to read the written record of the evidence or a part thereof given by a witness before the board, the board shall, if the affected person so desires, allow him —

to give evidence to the board on any matter inquired into by it which may affect that person; and

to examine any witness who has given evidence before the board and to produce such other witness, as the board may allow to give evidence before it on such matter.

Where an affected person, referred to in paragraph (10) is represented, his representative may question witnesses before the board; but the representative shall not address the board except with the permission of the chairman.

A board may receive any evidence which it considers relevant to the matter referred to the board, whether oral or written, and whether or not it would be admissible in a civil court.

A board shall not be bound by the rules of evidence and shall act in such manner as it thinks most expedient.

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 Senior Disciplinary Committee, a subordinate military court or a disciplinary officer other than proceedings for an offence under section 49 of the Act.

A board may receive any evidence which it considers relevant to the matter referred to the board, whether oral or written, and whether or not it would be admissible in a civil court.

A board shall not be bound by the rules of evidence and shall act in such manner as it thinks most expedient.

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 Senior Disciplinary Committee, a subordinate military court or a disciplinary officer other than proceedings for an offence under section 49 of the Act.