6. Exercise of powers by service courts and authorities of countries sending visiting forces

(1)

The service courts and service authorities of a country to which this section applies may within Singapore, or on board any ships or aircraft belonging to the Government, exercise over persons subject to their jurisdiction in accordance with this section all such powers as are exercisable by them according to the law of that country.

(2)

The persons subject to the jurisdiction of the service courts and service authorities of a country in accordance with this section are the following:

(a)

members of any visiting force of that country;

(b)

all persons, not being citizens of Singapore, seconded or temporarily attached to or serving with the Singapore Armed Forces in accordance with any treaty, arrangement or agreement to which the Government is a party, and who by their terms and conditions of service are subject to the jurisdiction of such courts and authorities; and

(c)

all other persons who, being neither citizens of Singapore nor ordinarily resident in Singapore, are for the time being subject to the service law of that country otherwise than as members of that country’s forces,except that for the purposes of this subsection, a person shall not be treated as a member of a visiting force of a country if he became (or last became) a member of that country’s forces at a time when he was in Singapore, unless it is shown that he then became a member of those forces with his consent.

(3)

Where any sentence has, whether within or outside Singapore, been passed by a service court of a country to which this section applies upon a person who immediately before the sentence was passed was subject to the jurisdiction of that court in accordance with this section, then for the purposes of any proceedings in a court of Singapore that service court shall be deemed to have been properly constituted, and the sentence shall be deemed to be within the jurisdiction of that court and in accordance with the law of that country, and if executed according to the tenor of the sentence shall be deemed to have been lawfully executed.

(4)

Notwithstanding anything in subsections (1), (2) and (3), a sentence of death passed by a service court of a country to which this section applies shall not be carried out in Singapore unless under the law of Singapore a sentence of death could have been passed in a similar case.

(5)

Any person who —

(a)

is detained in custody in pursuance of a sentence as respects which subsection (3) has effect; or

(b)

being subject in accordance with this section to the jurisdiction of the service courts of a country to which this section applies, is detained in custody pending or during the trial by such a court of a charge brought against him,shall for the purposes of any proceedings in any court of Singapore be deemed to be in lawful custody.

(6)

For the purpose of enabling the service courts and service authorities of a country to which this section applies to exercise more effectively the powers referred to in subsection (1), the Minister may, if so requested by the appropriate authority of that country, from time to time by general or special orders direct members of the Singapore forces to arrest any person, being a member of a visiting force of that country, who is alleged to be guilty of an offence punishable under the law of that country, and to hand him over to such service authority of that country as may be designated by or under such orders.

Terms defined in s 2

court
Defined · s 2
“court” includes a service court;
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court of Singapore
Defined · s 2
“court of Singapore” means any court in Singapore other than a service court;
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forces
Defined · s 2
“forces”, in relation to a country, means any of the naval, military or air forces of that country;
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law of Singapore
Defined · s 2
“law of Singapore” means any written law for the time being in force in Singapore or any part thereof, and includes the Constitution;
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member
Defined · s 2
“member”, in relation to a visiting force, means a member of the force of a sending country, being one of the members of the force for the time being appointed to serve with that visiting force, and includes any person in Singapore for the time being voluntarily enlisted in that force;
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Minister
Defined · s 2
“Minister” means the Minister for the time being charged with the responsibility for defence;
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service authorities
Defined · s 2
“service authorities” means the authorities of a force who are empowered by the law of the country of whose forces the visiting force forms part to exercise command or jurisdiction over members of a force;
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service court
Defined · s 2
“service court” means a court established under service law and includes any authority of a country who under the law of that country is empowered to review the proceedings of such a court or to try or investigate charges brought against persons subject to the service law of that country; and references to trial by, or to sentences passed by, service courts of a country shall be construed respectively as including references to trial by, and to punishment imposed by, such an authority in the exercise of such power;
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service law
Defined · s 2
“service law”, in relation to a country, means the law governing all or any of the forces of that country;
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Singapore forces
Defined · s 2
“Singapore forces” means any of the Singapore Armed Forces for the time being serving in Singapore, and includes any police force, and other body which by virtue of any law of Singapore is or is deemed to form part of the Singapore Armed Forces;
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visiting force
Defined · s 2
“visiting force”, for the purposes of any provision of this Act, means any body, contingent or detachment of the forces of a country to which that provision applies, being a body, contingent or detachment for the time being lawfully present in Singapore pursuant to any treaty, agreement or arrangement to which the Government is a party.
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Report

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Part 3

Deserters and Absentees Without Leave

Read on from Part 3

Part 4

Attachment of Personnel and Mutual Powers of Command

Read on from Part 4

Part 5

Supplementary Provisions

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