Singapore Army Bill

“Army Act” means the Army Act, 1955, of the United Kingdom and any other Imperial Act of the United Kingdom for the time being amending or replacing that Act;

“beyond the seas” means out of Singapore;

“carriage” means a vehicle for carriage or haulage other than one specially constructed for use on rails, and the expression “trailer” means a carriage constructed or adapted for being drawn by a mechanically propelled carriage;

“civil court” means, with respect to any crime or offence, a court of ordinary criminal jurisdiction, and includes a magistrate’s court;

“commanding officer” means an officer of not less than field rank for the time being commanding a unit or units of the Singapore armed forces and includes the general officer commanding;

“Commonwealth force” means a naval, military or air force raised in any part of the Commonwealth and includes the regular forces of the United Kingdom;

“competent military authority” means the Army Board or an officer designated by the Army Board;

“court of law” includes a magistrate’s court;

“decoration” means any medal, clasp, good-conduct badge or decoration;

“enemy” includes all armed mutineers, armed rebels, armed rioters and pirates;

“foreign country” means any place which is not in Singapore or the Commonwealth, and is not on the high seas;

“General Officer Commanding” means the General Officer Commanding the Singapore Army;

“military” includes the navy and the air force;

“military reward” means any gratuity or annuity for long service or good conduct and includes any good-conduct pay or pension and any other military pecuniary reward;

“non-commissioned officer” means and includes a non-commissioned officer and an acting non-commissioned officer of the Singapore armed forces or of any Commonwealth force who is attached to or seconded for service with the Singapore armed forces or any part thereof;

“oath” or “swear”, and other expressions relating thereto, include affirmation or declaration, affirm or declare, and expressions relating thereto in cases where an affirmation or declaration is by law allowed instead of an oath;

“officer” means an officer commissioned or in pay as an officer of the Singapore armed forces or any arm, branch or part thereof; and includes also —

“Singapore armed forces” means officers and soldiers who by their commission, terms of enlistment, or otherwise, are liable to render continuously for a term of military service therein in every part of the world, or in any specified part of the world, including soldiers of the reserve forces when called out on permanent service;

“soldier” means a member of the Singapore armed forces other than an officer;

“superior court” means the High Court;

“superior officer”, when used in relation to a soldier, includes a warrant officer, and also a non-commissioned officer;

“volunteer force” means any force established or maintained under the Singapore Volunteer Force Act, 1965 (Act of 1965);

“warrant officer” means a warrant officer appointed under a warrant from the President, and includes a warrant officer of any Commonwealth force who is attached to or seconded for service with the Singapore armed forces or any part thereof.

Officers of the Singapore armed forces shall be commissioned by the President and such commission shall not be deemed to be vacated by the death or retirement from the office of the President by whom it was issued.

The President may commission an officer for a specified period:Provided that the President on the recommendation of the Army Board may extend such commission for any longer period as he thinks it expedient.

Such commission shall be in the prescribed form.

The President may, with or without assigning any reason therefor, cancel any such commission.

Officers commissioned under subsection (1) and officers in pay as officers of the Singapore armed forces shall be deemed to have been officers of the Singapore armed forces as from the dates specified in their commissions or from the dates on which pay as officers of the Singapore armed forces first began to accrue due to them, whichever is the earlier.

Honorary commissions in the Singapore armed forces may be granted by the President to such persons as he may consider fit.

Officers may from time to time be promoted or advanced in rank by the President at his discretion.

Subject to the provisions of this Act it shall be lawful for the President to make orders with respect to the government, discipline, pay, allowances, gratuities and pensions of the Army, and with respect to all other matters and things relating to the Army, including any matter by this Act authorised to be prescribed or expressed to be subject to orders or regulations.

The said orders may provide for the formation of men of the Army into separate units and for the formation of such units into corps, regiments, services, other like bodies or divisions, and for appointing, transferring or attaching men of the Army to units, and for posting, attaching and otherwise dealing with such men within the units, and may regulate the appointment, rank, duties and numbers of the officers and non-commissioned officers of the Army.

Every corps, regiment, service, other body or division constituted and established under any order made under the provisions of subsection (2) shall bear, and be known by, such name or title as the President may in such order direct, and any reference in any written law to such name or title shall be deemed to be a reference to such corps, regiment, service, other body or division, or as the context may require, to the officers and soldiers thereof.

The President may by order published in the Gazette, disband any corps, regiment, service, other body or division constituted under subsection (2) and may amalgamate any such corps, regiment, service, other body or division and alter the name or title thereof.

The President may continue under this Act any corps or unit which previously existed under the Military Forces Ordinance, 1952 (Malaysian Ord. 47 of 1952), of Malaysia:Provided that any corps or unit so continued shall for the purposes of this Act be deemed to be a corps or unit constituted and established under the provisions of subsection (2).

Subject to the provisions of any such order, the Army Board constituted under section 5 may make general or special regulations with respect to any matter with respect to which the President may make orders under this section.

Any orders and general regulations made under this section shall be presented to Parliament as soon as may be after they are made.

It shall be lawful for the President to raise and maintain an Army reserve consisting of such number of officers, warrant officers, non-commissioned officers, and men as may from time to time be provided for by Parliament.

The President may, by order signified under the hand of the Minister, make orders with respect to the government, discipline, and pay of the Army reserve and with respect to other matters and things relating to the Army reserve.

All orders made under this section shall be presented to Parliament as soon as may be after they are made if Parliament be then sitting, or if Parliament be not sitting, then as soon as practicable after the beginning of the then next session of Parliament.

For the purpose of the administration of matters relating to the Army under this Act there shall be established an Army Board consisting of a Chairman to be appointed by the Minister and of such other members, as the Minister may appoint.

The Minister may, by notification in the Gazette, fix the date as on which the Army Board is to be established, and make provision with respect to the proceedings of the Army Board and the manner in which the business of the Army Board is to be distributed among the members thereof.

The Army Board may appoint such secretaries, officers and servants as the Army Board may determine.

There shall be paid, out of monies provided for by Parliament to the members of the Army Board and to the secretaries, officers and servants of the Army Board, such salaries or remuneration as may be determined.

The Army Board may for all purposes be described by that name.

The Army Board 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 Army Board, or of a secretary, or of some person authorised by the Army Board to act on behalf of a secretary.

Every document purporting to be an instrument issued by the Army Board, and to be sealed with the seal of the Board, authenticated in the manner provided by this Act, or to be signed by a secretary or any person authorised by the Army Board 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.

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

Every person subject to military law who with intent to assist the enemy —

Every person subject to military law who —

Every person subject to military law who —

Every person subject to military law who strikes or uses or offers any violence to his superior officer, being in the execution of his office, shall be liable on conviction by court-martial to suffer imprisonment, or such less punishment as is in this Act mentioned.

Every person subject to military law who strikes or uses or offers any violence to his superior officer, or uses threatening or insubordinate language to his superior officer, shall, on conviction by court-martial —

Every person subject to military law who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office, whether the same is given orally, or in writing, or by signal, or otherwise, shall be liable on conviction by court-martial to suffer imprisonment, or such less punishment as is in this Act mentioned.

Every person subject to military law who disobeys any lawful command given by his superior officer, shall, on conviction by court-martial —

Every person subject to military law who —

Where an offender has fraudulently enlisted once or oftener he may, for purposes of trial for the offence of deserting or attempting to desert the Singapore armed forces, be deemed to belong to any one or more of the corps to which he has been appointed or transferred as well as to the corps to which he properly belongs; and it shall be lawful to charge an offender with any number of offences against this section at the same time, and to give evidence of such offences against him, and if he be convicted thereof to punish him accordingly; and further it shall be lawful on conviction of a person for two or more offences to award him the higher punishment allowed by this section for a second offence as if he had been convicted by a previous court-martial of one of such offences.

For the purposes of the liability under this section to the higher punishment for a second offence, a previous offence of fraudulent enlistment may be reckoned as a previous offence under this section.

Every person subject to military law who —

Where an offender has fraudulently enlisted on several occasions he may, for the purposes of this section, be deemed to belong to any one or more of the corps to which he has been appointed or transferred, as well as to the corps to which he properly belongs; and it shall be lawful to charge an offender with any number of offences against this section at the same time, and to give evidence of such offences against him, and if he be convicted thereof to punish him accordingly; and further it shall be lawful on conviction of a person for two or more of such offences to award him the higher punishment allowed by this section for a second offence as if he had been convicted by a previous court-martial of one of such offences.

Where an offender is convicted of the offence of fraudulent enlistment, then for the purposes of his liability under this section to the higher punishment for a second offence, the offence of deserting or attempting to desert from the Singapore armed forces may be reckoned as a previous offence of fraudulent enlistment under this section, with this exception, that the absence of the offender next before any fraudulent enlistment shall not upon his conviction for that fraudulent enlistment be reckoned as a previous offence of deserting or attempting to desert.

Every person having become subject to military law, who having been discharged with disgrace from the Singapore armed forces or from any Commonwealth force has afterwards enlisted in the Singapore armed forces without declaring the circumstances of his discharge, or dismissal, shall be liable on conviction by court-martial to suffer imprisonment for a term not exceeding two years, or such less punishment as is in this Act mentioned.

For the purpose of this section, the expression “discharged with disgrace” means discharged with ignominy, discharged for misconduct, or discharged on account of conviction for an offence punishable with imprisonment for a term of not less than two years.

in the case of officers, as follows: —

in the case of soldiers, as follows: —

The commanding officer shall, upon an investigation being had of a charge made against a person subject to military law under his command of having committed an offence under this Act, dismiss the charge, if he in his discretion thinks that it ought not to be proceeded with, but where he thinks the charge ought to be proceeded with, he may take steps for bringing the offender to court-martial, or, in the case of an officer below the rank of field officer or of a warrant officer, may refer the case to be dealt with summarily under the provisions of this Act, or in the case of a soldier may deal with the case summarily.

Where he deals with a case summarily, he may —

Where the charge is against a soldier for drunkenness the commanding officer shall deal with the case summarily unless the offence was committed on active service or on duty, or after the offender was warned for duty, or unless by reason of the drunkenness the offender was found unfit for duty, or unless the soldier has been guilty of drunkenness on not less than four occasions in the preceding twelve months; but nothing in this subsection shall affect the jurisdiction of any court-martial or the right of the soldier to be tried by a district court-martial.

In every case where the commanding officer has power to deal with the case summarily, the accused person may demand that the evidence against him be taken on oath, and the same oath or solemn declaration as that required to be taken by witnesses before a court-martial shall be administered to each witness in such case.

An offender shall not be liable to be tried by court-martial where the charge has been dismissed or the offence has been dealt with summarily by his commanding officer and shall not be liable to be punished by his commanding officer for any offence of which he has been acquitted or convicted by a competent civil court or by a court-martial.

Where a commanding officer has power to deal with a case summarily under this section, and, after hearing the evidence, considers that he may so deal with the case, he shall, in every case where the award or finding involves a forfeiture of ordinary pay, and in every other case, unless he awards no punishment other than one of the minor punishments referred to in subsection (2), ask the soldier charged whether he desires to be dealt with summarily or to be tried by a district court-martial and if the soldier elects to be tried by a district court-martial the commanding officer shall take steps for bringing him to trial by a district court-martial, but otherwise he shall proceed to deal with the case summarily.

The power of dealing summarily with a case may be delegated by a commanding officer to any officer under his command in accordance with and subject to such regulations as may be prescribed:Provided that such officer shall not have power to inflict any punishment other than a minor punishment, or such fine for drunkenness as may be provided for by those regulations.

A charge against an officer below the rank of field officer or against a warrant officer referred for that purpose or for trial by court-martial may be dealt with summarily by any general officer or brigadier.

The authority having power to deal summarily with the case may, with or without hearing the evidence, dismiss the charge, if he in his discretion thinks that it ought not to be proceeded with, or, where he thinks the charge ought to be proceeded with, take steps for bringing the offender to a court-martial, or may, after hearing the evidence, or, if the accused consents thereto in writing, after reading a summary or abstract of the evidence, deal with the case summarily by awarding one or more of the following punishments: —

Where the authority having power to deal summarily with the case considers that he may so deal with the case, he shall, unless he awards a severe reprimand, or a reprimand, in every case ask the accused whether he desires to be dealt with summarily or to be tried by a court-martial, and if the accused elects to be tried by a court-martial, take steps for bringing him to trial by a court-martial, but otherwise he shall proceed to deal with the case summarily.

In every case where an authority has power to dispose of a case summarily, and decides so to do, the accused may demand that the evidence against him be taken on oath, and the same oath or solemn declaration as that required to be taken by witnesses before a court-martial shall be administered to each witness in such case.

An offender shall not be liable to be tried by court-martial where the charge has been dismissed or the offence has been dealt with summarily under this section, and shall not be liable to be punished under this section for any offence of which he has been acquitted or convicted by a competent civil court or by a court-martial.

The President may appoint a suitable person to perform in respect of the Singapore armed forces the functions which under any written law or under the Army Act or otherwise are lawfully exercisable by the Judge Advocate-General.

References in any such written law to the Judge Advocate-General shall be deemed to be references to the person for the time being appointed under subsection (1).

The person appointed under subsection (1) shall be either a member of the judicial and legal service of not less than five years’ service, or an advocate and solicitor of not less than five years’ standing, or a qualified person within the meaning of the Advocates and Solicitors Ordinance (Cap. 118), who has been so qualified for a period of not less than five years.

The person appointed by the President under the provisions of subsection (1) shall perform all the functions heretofore exercised in respect of the Singapore armed forces by the Judge Advocate-General of the regular forces of the United Kingdom and, without prejudice to the generality of the foregoing, his duties shall include —

Where a complaint is made to any officer in command of any detachment or portion of troops in any country outside Singapore, or to the commanding officer of any corps or part of a corps on active service, or to any officer in immediate command of a body of forces on active service, that an offence has been committed by any person subject to military law, then, if in the opinion of such officer it is not practicable that such offence should be tried by an ordinary general court-martial, it shall be lawful for him, although not authorised to convene general courts-martial, to convene a court-martial (in this Act referred to as “a field general court-martial”), for the trial of the person charged with such offence, subject to the following conditions: —

Section 55, except paragraph (j) thereof, shall apply to a field general court-martial, but sentence of death shall not be passed on any person by a field general court-martial without the concurrence of all the members.

A field general court-martial may, notwithstanding the restrictions contained in this Act in respect of the trial by court-martial of civil offences within the meaning of this Act, try any person subject to military law who is under the command of the convening officer, and is charged with any such offence as is mentioned in this section, and may for such offence award any sentence which a general court-martial is competent to award for such offence:Provided always, that no sentence of any such court-martial shall be executed until confirmed as provided by this Act.

The officers sitting on a court-martial may belong to the same or different corps, or may be unattached to any corps, and may try persons belonging or attached to any corps.

The officer who convenes a court-martial shall not, save as is otherwise expressly provided for by this Act, sit on that court-martial.

Any of the following persons, that is to say, a prosecutor or witness for the prosecution of any accused, or the commanding officer of the accused within the meaning of the provisions of this Act which relate to dealing with a case summarily, or the officer who investigated the charges on which an accused is arraigned, shall not, save in the case of a field general court-martial, sit on the court-martial for the trial of such accused, nor shall he act as judge advocate at such court-martial.

An accused person about to be tried by any court-martial may object, for any reasonable cause, to any member of the court, including the president, whether appointed to serve thereon originally or to fill a vacancy caused by the retirement of an officer objected to, so that the court may be constituted of officers to whom the accused person makes no reasonable objection.

Every objection made by an accused person to any officer shall be submitted to the other officers appointed to form the court.

If the objection is to the president, such objection, if allowed by one-third or more of the other officers appointed to form the court, shall be allowed, and the court shall adjourn for the purpose of the appointment of another president.

If an objection to the president is allowed, the authority convening the court shall appoint another president, subject to the same right of the accused person to object.

If the objection is to a member other than the president and is allowed by one-half or more of the votes of the officers 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 officer, subject to the same right of the accused person to object.

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

An oath in the prescribed form shall be administered by the prescribed person to every member of every court-martial before the commencement of the trial.

An oath in the prescribed form or forms shall be administered by the prescribed person to the judge advocate or person officiating as judge advocate (if any), and also to every officer in attendance on a court-martial for the purpose of instruction (if any), and also to every shorthand writer or interpreter (if any) in attendance on the court-martial.

Every witness before a court-martial shall be examined on oath, which the president or other prescribed person shall administer in the prescribed form.

If a person by this Act required either as a member of, or person in attendance on, or witness before a court-martial, or otherwise, in respect of a court-martial, to take an oath, objects to take an oath, or is objected to as incompetent to take an oath, the court, if satisfied of the sincerity of the objection, or where the competence of the person to take an oath is objected to, of the oath having no binding effect on the conscience of such person, shall permit such person instead of being sworn to make a solemn declaration in the prescribed form, and for the purposes of this Act such solemn declaration shall be deemed to be an oath.

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

If after the commencement of the trial the president dies or is otherwise unable to attend, and the court is not reduced below the legal minimum, the convening authority may appoint the senior member of the court, if of sufficient rank, to be president, and the trial shall proceed accordingly; but if he is not of sufficient rank the court shall be dissolved.

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

Where a court-martial is dissolved under the foregoing provisions of this section the accused may be tried again.

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

The court may adjourn from time to time.

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

In the case of an equality of votes on the finding the accused shall be deemed to be acquitted. In the case of an equality of votes on the sentence, or any question arising after the commencement of the trial except the finding, the president shall have a second or casting vote.

When a court-martial recommend a person under sentence to mercy, such recommendation shall be attached to and form part of the proceedings of the court, and shall be promulgated and communicated to the person under sentence, together with the finding and sentence.

The following authorities shall have power to confirm the findings and sentences of courts-martial —

The authority having power to confirm the finding and sentence of a court-martial may send back such finding and sentence, or either of them, for revision once, but not more than once, and it shall not be lawful for the court on any revision to receive any additional evidence; and where the finding only is sent back for revision, the court shall have power without any direction to revise the sentence also. In no case shall the authority recommend the increase of a sentence, nor shall the court-martial on the revision of the sentence, either in obedience to the recommendation of an authority, or for any other reason, have the power to increase the sentence awarded.

The finding of acquittal, whether on all or some of the offences with which the accused is charged, shall not require confirmation or be subject to be revised, and shall be pronounced at once in open court, and if it relates to the whole of the offences the accused shall be released.

A member of a court-martial shall not have authority to confirm the finding or sentence of that court-martial, and where a member of a court-martial becomes confirming officer he shall refer the finding and sentence of the court-martial to a superior authority competent to confirm the findings and sentences of the like description of courts-martial, and that authority shall, for the purposes of this Act, be deemed to be in that instance the confirming authority:Provided that where a member of a field general court-martial trying an accused would but for his being a member of the court have power to confirm the finding and sentence of the court, and is of opinion that it is not practicable, having due regard to the service, to delay the case for the purpose of referring it to any other officer, he may confirm the finding and sentence.

An officer having authority to confirm the finding and sentence of a court-martial may withhold his confirmation wholly or partly, and refer such finding and sentence or the part not confirmed to any superior authority competent to confirm the findings and sentence of the like description of courts-martial, and that authority shall, for the purposes of this Act, be deemed to be in that instance and to the extent of such reference the confirming authority.

Subject to the provisions of this Act with respect to the finding of acquittal, the finding and sentence of a court-martial shall not be valid except in so far as the same may be confirmed by an authority authorised to confirm the same.

When a person subject to military law is convicted of culpable homicide not amounting to murder, or rape, or any other civil offence under section 46, and is sentenced to imprisonment for a term exceeding two years, such sentence shall not be carried into execution unless confirmed as required by this Act.

An accused charged before a court-martial with theft may be found guilty of criminal breach of trust or criminal misappropriation of property.

An accused charged before a court-martial with criminal breach of trust may be found guilty of theft or criminal misappropriation of property.

An accused charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.

An accused charged before a court-martial with attempting to desert may be found guilty of being absent without leave.

An accused charged before a court-martial with striking may be found guilty of using or offering violence.

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

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

An accused charged before a court-martial with an offence under this Act may, on failure of proof of an offence being committed under circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed under circumstances involving a less degree of punishment.

Where an accused is charged before a court-martial 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 court-martial shall have power to find him guilty of that offence.

The confirming authority may, when confirming the sentence of any court-nartoial, mitigate or remit the punishment thereby awarded, or commute such punishment for any less punishment or punishments to which the offender might have been sentenced by the said court-martoial, or if such punishment is death awarded for the offence of murder then for such less punishment as in this Act mentioned, or, if such punishment is cashiering awarded for an offence under section 21, then for dismissal from the Singapore armed forces or such less punishment as is in this Act mentioned. The confirming authority may also suspend for such time as seems expedient the execution of a sentence.

When a sentence passed by a court-martial has been confirmed, the President shall have power to mitigate or remit the punishment thereby awarded, or to commute such punishment for any less punishment or punishments to which the offender might have been sentenced by the said court-martial, or, if such punishment is death, awarded for the offence of murder then for such less punishment as in this Act mentioned or, if such punishment is cashiering awarded for an offence under section 21, then for dismissal from the Singapore armed forces or such less punishment as is in this Act mentioned.

An authority having power under this section to mitigate, remit, or commute any punishment may, if it seems fit, do all or any of those things in respect of a person subject to such punishment.

The provisions of this Act with respect to an original sentence of imprisonment or detention shall apply to a sentence of imprisonment or detention imposed by way of commutation.

Where a soldier is sentenced to imprisonment or detention, the confirming authority to whom the sentence is submitted for confirmation may, when confirming the sentence, direct that the soldier be not committed to prison or detention barracks until the orders of a superior military authority have been obtained.

A superior military authority may in the case of any soldier so sentenced —

Where a sentence of imprisonment or detention is suspended under this section before the soldier has been committed to prison or detention barracks, the soldier if in custody shall be released, and, notwithstanding anything in this Act, the sentence shall not begin to run until the soldier is ordered to be committed to prison or detention barracks under that sentence.

Where a sentence of imprisonment or detention is suspended under this section after the soldier has been committed to prison or detention barracks, he shall be released and the currency of the sentence shall be suspended from the day on which he is released until he is again ordered to be committed to prison or detention barracks under the same sentence.

Where a sentence has been suspended under this section, the case may at any time, and shall, at intervals of not more than three months, be reconsidered by a competent military authority, and, if on any such reconsideration it appears to the competent military authority that the conduct of the soldier since his conviction has been such as to justify a remission of the sentence, he shall remit it.

A superior military authority may, at any time whilst a sentence is suspended under this section, order that the soldier be committed to prison or detention barracks, and from the date of such order the sentence shall cease to be suspended.