Section 1
Short title and commencement
/akn/sg/act/act/1972/SAFA
Singapore Armed Forces Act 1972
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Part 1
PRELIMINARY
(2)
Sections 199 and 200 come into operation on a date that the Minister appoints by notification in the Gazette.
Section 2
Interpretation
Amended [17/2004; 28/2009]Amended [28/2009]
(1)
In this Act, unless the context otherwise requires —
Amended [17/2004; 28/2009]
Definition
“aircraft” means any machine for flying whether propelled by mechanical means or not and includes any description of balloon;
Definition
“Armed Forces Council” means the Armed Forces Council established under section 8;
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;
Definition
“before the enemy”, in relation to a person, means that the person is in action against the enemy or about to go into action against the enemy or is under attack or threat of imminent attack by the enemy;
Definition
“civil court” means a court of ordinary criminal jurisdiction constituted under any written law in force relating to courts;
Definition
“civil offence” means an offence punishable under any written law in force other than a military offence;
Definition
“civil prison” means a prison declared as a prison under section 3 of the Prisons Act 1933;
Definition
“commander”, in relation to any person subject to military law, means an officer of or above the rank of captain or a senior military expert for the time being commanding a unit or units or part of a unit of the Singapore Armed Forces;
Definition
“convening authority” means —
(a)
in the case of a general court martial — the officer of or above the rank of major, or the senior military expert of or above the rank of ME5, appointed by the Armed Forces Council for the purpose of being the convening authority for general courts martial; or(b)in the case of a field general court martial — a commander mentioned in section 83(1);
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;
Definition
“Director, Legal Services of the Singapore Armed Forces” means the person appointed by the Armed Forces Council under section 82(5)(a);
Definition
“disciplinary barrack” means any premises or place set apart by the Armed Forces Council for the purposes of persons serving sentences of special detention in a disciplinary barrack;
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 4 and includes a Service Chief and the Chief of Defence Force;
Definition
“enemy” includes persons engaged in violent operations against the Singapore Armed Forces, armed mutineers, armed rebels, armed rioters or pirates;
Definition
“general courts martial panel” means the panel appointed by the convening authority under section 80A;
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;
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;
Definition
“military documents” includes reports, certificates, returns, pay lists, forms and any other documents in use in the Singapore Armed Forces;
Definition
“military expert” means a serviceman in the military domain experts service;
Definition
“military policeman” means a serviceman appointed to be a military policeman;
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;
Definition
“national serviceman” has the meaning given by the Enlistment Act 1970;
Definition
“non-uniformed serviceman” means a regular serviceman who is not required under the serviceman’s terms of service to wear military uniform;
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;
Definition
“operationally ready national serviceman” means a person liable to render operationally ready national service under the Enlistment Act 1970;
Definition
“publication” and “words” have the respective meanings given by the Sedition Act 1948;
Definition
“qualified person” has the meaning given by the Legal Profession Act 1966;
Definition
“registrar for subordinate military courts” means the person appointed by the Armed Forces Council as registrar for subordinate military courts under section 82(5)(c);
Definition
“regular serviceman” has the meaning given by the Enlistment Act 1970;
Definition
“senior military expert” means a military expert of or above the rank of ME4;
Definition
“Service Chief” means the Chief of Air Force, the Chief of Army or the Chief of Navy;
Definition
“serviceman” means an officer, a soldier, a military expert or a non‑uniformed serviceman of the Singapore Armed Forces, and includes a servicewoman;
Definition
“sickness” includes permanent or temporary illness, disability or injury;
Definition
“Singapore Armed Forces” means the Singapore Armed Forces raised and maintained under section 7;
Definition
“Singapore Armed Forces property” includes property in the possession, control or occupancy of the Singapore Armed Forces;
Definition
“soldier” means any person, other than an officer, a senior military expert or a non‑uniformed serviceman, who is a member of the Singapore Armed Forces, and includes any such person who is a servicewoman;
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;
Definition
“volunteer” means a person accepted by the proper authority as a volunteer in the Singapore Armed Forces;
Definition
“warrant officer” means a person appointed by the Armed Forces Council or the proper authority to hold the rank of warrant officer in the Singapore Armed Forces.
Amended [17/2004; 28/2009]
(2)
In any written law or any document —
(a)
all references to “the Army Board” are to be construed as references to the Armed Forces Council constituted under this Act;
(b)
all references to “court martial” are to 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” are to be construed as references to the Singapore Armed Forces constituted under this Act;
(d)
all references to “a person holding a commission in the armed forces” are to be construed as references to an officer under this Act; and(e)all references to “a soldier, enlisted personnel, sailor, seaman, rating or airman” are to be construed as references to a serviceman under this Act.
Amended [28/2009]
(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 the person 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.
(4)
Despite subsection (3), 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), the Armed Forces Council may declare that that part of the Singapore Armed Forces is temporarily subject to this Act, as if that part of the Forces was on active service.
(5)
On the publication of any declaration under subsection (4), the forces to which the declaration applies are deemed to be on active service until the declaration is cancelled by the Armed Forces Council.
Section 3
Application
The following persons are subject to military law and this Act applies to them, subject to such exclusions or variations in relation to non‑uniformed servicemen as may be prescribed:
(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)
operationally ready national servicemen 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 1970, and while called out for mobilised 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; and(f)volunteers during the period that they are ordered to report for service, whether they have complied with such order or not.
Section 4
Liability for military offences
Every person subject to military law by virtue of section 3 shall be liable to be tried by subordinate military courts for any military offence and by a disciplinary officer for any offence specified in the Schedule.
Section 5
Repealed / deleted
[Repealed by Act 4 of 2021]
Section 6
Jurisdiction of civil courts
This Act does not affect the jurisdiction of civil courts to try a person subject to military law for any civil offence.
Part 2
ORGANISATION OF SINGAPORE ARMED FORCES
Section 7
Establishment and organisation of Singapore Armed Forces
(1)
It is lawful for the President in accordance with this Act and any regulations made under this Act to raise and maintain a force to be known as the Singapore Armed Forces which is a unified force consisting of army, air force and navy commands and each command consisting of as many servicemen as the President may from time to time determine.
(2)
The servicemen in each command must be formed into such units, corps, regiments, services or other like bodies and divisions as the President may from time to time determine.
(3)
The President may disband any command, unit, corps, regiment, service or other like body or division constituted under subsection (2) 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.
(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 15 June 1972 shall, on or after that date, be deemed to be included in the Singapore Armed Forces raised and maintained under this Act.
Section 8
Establishment of Armed Forces Council
(1)
For the purposes of the administration of matters relating to the Singapore Armed Forces under this Act, an Armed Forces Council is established consisting of —
(a)
one or more Ministers charged with the responsibility for defence and any other Minister who has been assigned to assist them;
(b)
the Permanent Secretary, or all the Permanent Secretaries (if there is more than one), of the Ministry of Defence;
(c)
the Chief of Defence Force;
(d)
the Chief of Army;
(e)
the Chief of Air Force;
(f)
the Chief of Navy; and(g)not more than 4 other members as the President may appoint if the President, acting in his or her discretion, concurs with the advice of the Prime Minister.
(2)
The Minister charged with the responsibility for defence or, if there is more than one, the principal Minister is the Chairperson of the Armed Forces Council.
(3)
The appointments mentioned in subsection (1)(g) may not be revoked unless the President, acting in his or her discretion, concurs with the advice of the Prime Minister.
(4)
Any appointment or revocation made by the President under this section must be published in the Gazette.
Section 8A
Armed Forces Council to provide for certain matters
The Armed Forces Council may provide 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 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.
Section 8B
Quorum
(1)
Subject to subsections (2) and (3), the quorum for a meeting of the Armed Forces Council is 3 members.
(2)
Business must not be transacted at any meeting of the Armed Forces Council unless the following members of the Council are present:
(a)
the Chairperson of the Council;
(b)
a Permanent Secretary of the Ministry of Defence; and(c)the Chief of Defence Force, Army, Air Force or Navy.
(3)
Where the Chairperson of the Armed Forces Council is unable to attend any meeting of the Council, the Council may meet and transact any business if a member present at such a meeting has been appointed by the Chairperson to act on the Chairperson’s behalf.
(4)
A decision of the Armed Forces Council on any matter made at that meeting does not take effect unless the written consent of the Chairperson of the Council under the hand of the Chairperson has been obtained therefor.
Section 8C
Committees appointed by Armed Forces Council
(1)
The Armed Forces Council may 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 to conduct inquiries).
(2)
The Armed Forces Council may delegate to such committees power to do any specific act or carry out any specific function.
(3)
Every committee appointed under subsection (1) reports to the Armed Forces Council.
(4)
Sections 113, 185, 187, 188, 189, 190 and 191 apply, with the necessary modification and adaptation, to a committee of inquiry appointed under subsection (1).
Section 9
Style, seal and proceedings of Armed Forces Council
(2)
The Armed Forces Council must have an official seal, which must be officially and judicially noticed, and that seal must be authenticated by the signature of the Chairperson 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.
(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 is deemed to be such an instrument without further proof, unless the contrary is shown.
(4)
A certificate signed by the Chairperson of the Armed Forces Council that any instrument purporting to be made or issued by the Council was so made or issued is conclusive evidence of the fact.
Section 10
Appointment of officers
(1)
Subject to section 10A, officers of the Singapore Armed Forces may be appointed either by the President or by the proper authority who or which may, without giving any reason, cancel the appointment.
(3)
Officers appointed under subsection (1) are deemed to be officers of the Singapore Armed Forces from the date specified in their appointments.
(4)
Officers may from time to time be promoted or advanced in rank by the proper authority.
(5)
Any officer who has been commissioned pursuant to the repealed section 78 of the Singapore Army Act 1965 or has been appointed by the proper authority to hold the rank of officer and who has held that rank immediately before 15 June 1972 is for all purposes deemed to have been appointed as an officer under this Act.
Section 10A
Appointment of Chiefs of Defence Force, Army, Air Force and Navy
(1)
The President acting in his or her discretion may, if the President concurs with the advice of the Prime Minister who must before tendering such advice consult the Armed Forces Council, appoint from among the officers of the Singapore Armed Forces a Chief of Defence Force, a Chief of Army, a Chief of Air Force and a Chief of Navy.
(2)
The appointments mentioned in subsection (1) may not be revoked unless the President, acting in his or her discretion, concurs with the advice of the Prime Minister who must before tendering such advice consult the Armed Forces Council.
(3)
The Chief of Defence Force must perform the duties of the Chief of Army, the Chief of Air Force or the Chief of Navy (as the case may be) when any of them is unable to carry out his or her duties by reason of absence, illness or otherwise.
(4)
The Minister may direct the Chief of Army, the Chief of Air Force or the Chief of Navy, as the Minister thinks fit, to perform the duties of the Chief of Defence Force when the latter is unable to carry out his or her duties by reason of absence, illness or otherwise.
(5)
Any appointment or revocation made by the President under this section must be published in the Gazette.
Section 10B
Appointment of warrant officers
(1)
Warrant officers of the Singapore Armed Forces may be appointed by the Armed Forces Council or by the proper authority which may, without giving any reason, cancel any such appointment.
(3)
Warrant officers appointed under subsection (1) are deemed to be warrant officers of the Singapore Armed Forces from the date specified in their appointments.
(4)
Warrant officers may from time to time be promoted or advanced in rank by the proper authority.
(5)
Any warrant officer who has been appointed by the proper authority to hold the rank of warrant officer and who has held that rank immediately before 1 July 1992 is for all purposes deemed to have been appointed as a warrant officer.
(6)
Every warrant officer appointed before 1 July 1992 is deemed to be appointed under subsection (1).
Section 10C
Appointment of senior military experts
Amended [28/2009]Amended [28/2009]Amended [28/2009]Amended [28/2009]
(1)
Senior military experts of the Singapore Armed Forces are to be appointed by the President or by the proper authority who or which may, without giving any reason, cancel any such appointment.
Amended [28/2009]
(2)
An appointment made under subsection (1) must be in the prescribed form.
Amended [28/2009]
(3)
Senior military experts appointed under subsection (1) are deemed to be senior military experts of the Singapore Armed Forces from the date specified in their appointments.
Amended [28/2009]
(4)
Senior military experts may from time to time be promoted or advanced in rank by the proper authority.
Amended [28/2009]
Part 3
MILITARY OFFENCES
Section 11
Misconduct in action
Amended [28/2009]
(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 or her duty to defend against the enemy or to prevent from falling into the hands of the enemy,shall be guilty of an offence.
(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, the person —
(a)
fails to use his or her utmost exertions to carry out the lawful orders of his or her superiors (being officers or senior military experts);
(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 or her 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 cooperating 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.
Amended [28/2009]
(3)
A 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.
Section 12
Assisting enemy
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 or her 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 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 or herself 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 cooperating 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 cooperating therewith or wilfully delays or discourages upon any pretext 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.
Section 13
Unauthorised disclosure of information
(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, 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 3 years or any less punishment authorised by this Act.
(2)
It is a defence for a person charged with an offence under this section that he or she 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.
Section 14
Offences in connection with captivity
Every person subject to military law who —
(a)
is captured by the enemy through his or her negligence or disobedience; or(b)being captured by the enemy, does not take any reasonable steps which are available to him or her 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 5 years or any less punishment authorised by this Act.
Section 15
Mutiny
(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 10 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 or she shall be punished with death.
(2)
Every person subject to military law who, in a case not falling within subsection (1), 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 10 years or any less punishment authorised by this Act.
(3)
In this section, “mutiny” means a combination of 2 or more persons subject to military law —
(a)
to overthrow or resist lawful authority in the Singapore Armed Forces or any forces cooperating therewith or any part of those forces;
(b)
to disobey lawful authority in circumstances that 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 cooperating therewith or any part of those forces.
Section 16
Offences by or in relation to sentries, persons on watch, etc.
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 or her duty to be;
(b)
strikes or otherwise uses force against a member of the Singapore Armed Forces or of any forces cooperating 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 member mentioned in paragraph (b) to let him or her 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 2 years or any less punishment authorised by this Act.
Section 17
Disobedience of, non-compliance with lawful orders, etc.
(1)
Every person subject to military law who by words or behaviour wilfully disobeys any lawful order, by whatever means communicated to him or her, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years, and, if the offence is committed during active service, the person shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act.
(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 2 years, and, if the offence is committed during active service, the person shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act.
Section 18
Looting
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;
(b)
steals any property which has been left exposed or unprotected in consequence of any operations mentioned in paragraph (a); 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 7 years or any less punishment authorised by this Act.
Section 19
Insubordinate behaviour
(1)
Every person subject to military law who —
(a)
strikes or otherwise uses violence to, or offers violence to, a person superior in rank or appointment; or(b)uses threatening or insubordinate language or gestures to, or behaves with contempt to a person superior in rank or appointment,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years and if the offence is committed during active service, for a term not exceeding 5 years or any less punishment authorised by this Act.
(2)
It is a defence for any person charged under this section to prove that he or she 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 or appointment.
Section 20
Obstruction of military policemen
(1)
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 2 years or any less punishment authorised by this Act.
(2)
It is a defence for any person charged under this section to prove that he or she 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.
Section 21
Disobedience of general orders
Every person subject to military law who contravenes or fails to comply with any lawful provision of general orders, being a provision known to the person or which the person 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 2 years or any less punishment authorised by this Act.
Section 22
Absence without leave
(1)
Every person subject to military law who is absent without leave from service in the Singapore Armed Forces or from the place where he or she 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 2 years or any less punishment authorised by this Act.
(2)
It is a defence for any person charged under this section to prove that his or her absence was a result of circumstances over which he or she had no control.
Section 23
Desertion
(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 10 years or any less punishment authorised by this Act.
(2)
For the purposes of this section, a person deserts if he or she —
(a)
leaves or fails to attend at his or her 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 or her place of duty in the Singapore Armed Forces, thereafter forms the like intention; or(b)absents himself or herself without leave with intent to avoid service or any particular service before the enemy,and references in this Act to desertion are to be construed accordingly.
Section 24
Failure to report deserters and absentees
Every person subject to military law who, knowing that any other person has committed an offence under section 22 or 23 —
(a)
fails to report the fact without delay; or(b)fails to take any steps within his or her 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 2 years or any less punishment authorised by this Act.
Section 25
Conduct to prejudice of good order or discipline
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 12 months or any less punishment authorised by this Act.
Section 26
Cruel, indecent or disgraceful conduct
Every person subject to military law who behaves in a cruel, indecent or disgraceful manner or in a manner unbecoming of 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 2 years or any less punishment authorised by this Act.
Section 27
Non-prevention of offences
Every person subject to military law who knows that another person is planning or attempting to commit an offence under section 11, 12, 15, 22 or 23 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 2 years or any less punishment authorised by this Act.
Section 28
Ill-treatment
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 or her 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 3 years or any less punishment authorised by this Act.
Section 29
Abuse of authority
Every person subject to military law who knowingly exceeds his or her 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 2 years or any less punishment authorised by this Act.
Section 30
Personation and excess of authority
(1)
Every person subject to military law who without authority holds himself or herself 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 or she 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 12 months or any less punishment authorised by this Act.
(2)
Every person subject to military law who without authority does any act while holding himself or herself 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 2 years or any less punishment authorised by this Act.
Section 31
Creating despondency or alarm
(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 3 years or any less punishment authorised by this Act.
(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 2 years or any less punishment authorised by this Act.
(3)
Every person subject to military law who unlawfully keeps in his or her 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 12 months or any less punishment authorised by this Act.
Section 32
Malingering
Every person subject to military law who —
(a)
falsely pretends to be suffering from any sickness;
(b)
injures himself or herself any other person subject to military law with intent thereby to render himself or herself or that other person unfit for service, or causes himself or herself 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 or herself 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 12 months or any less punishment authorised by this Act.
Section 33
Intoxication
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 6 months or any less punishment authorised by this Act.
Section 34
Possession, etc., of drugs
Every person subject to military law who has in his or her possession, smokes, administers to himself or herself 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 5 years or any less punishment authorised by this Act.
Section 35
Abandonment of aircraft or vessel
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 7 years or any less punishment authorised by this Act.
Section 36
Causing or allowing any ship, vessel or aircraft to be lost or hazarded
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 or she acts wilfully or with wilful neglect, to imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act, and in any other case to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.
Section 37
Offences by commanding officer in relation to ship, vessel or aircraft taken as prize
Amended [40/2019]
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 General Division of the High Court, or to some other prize court having jurisdiction in the case, all the ship’s papers or aircraft’s 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)pursuant to any arrangement as mentioned in paragraph (b) 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 3 years or any less punishment authorised by this Act.
Section 38
Further offences in relation to ship, vessel or aircraft taken as prize
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 or her possession;
(b)
removes out of any ship, vessel or aircraft taken as prize (otherwise than for safekeeping 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 3 years or any less punishment authorised by this Act.
Section 39
Offences by officer, etc., serving in ship involved in convoying and protection of vessel
Amended [28/2009]
Every officer, warrant officer or military expert of or above the rank of ME3 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 or her convoy;
(b)
refuses to fight in the defence of a vessel in his or her convoy when it is attacked; or(c)cowardly abandons or exposes a vessel in his or her 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.
Section 40
Disobeying lawful command of captain of ship
(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.
(2)
For the purposes of this section, every person of whatever rank is, when he or she is in a ship, 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.
Section 41
Endangering life or property
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 causes, or is likely to cause, damage to or destruction of any property shall —
(a)
if he or she acted wilfully, be guilty of an offence and be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act; and(b)if he or she acted negligently, be guilty of an offence and be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.
Section 42
Damage to, and loss of, Singapore Armed Forces property, etc.
(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 3 years or any less punishment authorised by this Act.
(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 2 years or any less punishment authorised by this Act.
(3)
Where the property consists of arms, or is an aircraft, a vessel or a vehicle, the 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 3 years or any less punishment authorised by this Act.
Section 43
Dishonest misappropriation of Singapore Armed Forces property
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 —
(c)
where the property stolen or dishonestly misappropriated consists of an aircraft, a vessel, or arms — to imprisonment for a term not exceeding 7 years; or(d)in any other case — to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.
Section 44
Misapplication and waste of Singapore Armed Forces property
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 2 years or any less punishment authorised by this Act.
Section 45
Unlawful arrest
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 2 years or any less punishment authorised by this Act.
Section 46
Resistance to arrest
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 her or to place him or her in custody, or in whose custody he or she 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 3 years or any less punishment authorised by this Act.
Section 47
Escape and permitting escape and unlawful release from custody
(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 3 years or any less punishment authorised by this Act.
(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 or her charge, or whom it is his or her 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 2 years or any less punishment authorised by this Act.
(3)
Every person subject to military law who without proper authority releases any person who is committed to his or her 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 2 years or any less punishment authorised by this Act.
Section 48
Contempt
(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 or her custody or control which a subordinate military court, a disciplinary officer, a board of inquiry or an investigating officer lawfully requires him or her 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 or her 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 2 years or any less punishment authorised by this Act.
(2)
Where an offence under subsection (1) 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 the offender to be imprisoned for a term not exceeding 21 days or to be fined a sum not exceeding $50.
Section 49
False evidence
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, a committee of inquiry appointed under section 8C or a board of inquiry, makes a statement material in those proceedings which he or she 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 2 years or any less punishment authorised by this Act.
Section 50
Falsification of documents
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 or her knowledge false in a material particular;
(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 or her knowledge false in a material particular, or suppresses, defaces, destroys or makes away with any such document or entry which it is his or her 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 2 years or any less punishment authorised by this Act.
Section 51
Refusing medical or dental examination and treatment
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 6 months or any less punishment authorised by this Act.
Section 52
Obstructing investigation
Every person subject to military law who does not comply with an investigating officer’s request to submit to the taking of the person’s photograph or fingerprints shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 6 months or any less punishment authorised by this Act.
Section 53
Inaccurate certification
(1)
Every person subject to military law who issues or signs, without having ensured its accuracy —
(a)
a certificate relating to any matter affecting the seagoing 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 2 years or any less punishment authorised by this Act.
(2)
In subsection (1), “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.
Section 54
Dangerous flying, etc.
(1)
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 4 years or any less punishment authorised by this Act.
(2)
However, if the person has not acted wilfully or with wilful neglect he or she shall not be liable to be imprisoned for a term exceeding 2 years.
Section 55
Low flying
(1)
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 2 years or any less punishment authorised by this Act.
(2)
Where a pilot flies an aircraft in contravention of this section on the orders of another person who is in command of the aircraft, that other person is to be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.
Section 56
Annoyance by flying
(1)
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 2 years or any less punishment authorised by this Act.
(2)
Where a pilot flies an aircraft in contravention of this section on the orders of another person who is in command of the aircraft, that other person is to be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.
Section 57
Irregular arrest and confinement
Every person subject to military law (A) who, when another person subject thereto (B) is under arrest —
(a)
unnecessarily delays the taking of such steps as is A’s duty to take for investigating the allegations against B or for having the allegations against B investigated pursuant to this Act or tried by a subordinate military court, as the case may be;
(b)
fails to release B, or effect B’s release, when it is A’s duty to do so; or(c)being a disciplinary officer, unnecessarily delays dealing with a charge against an accused under Part 4,shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.
Section 58
Abetments and attempts
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 under this Act shall be guilty of an offence and shall be liable on conviction by a subordinate military court to suffer the same punishment as for the offence except that if the military offence is punishable by death the person shall not be liable to any greater punishment than imprisonment.
Section 59
Justification, excuse and defence
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 are applicable to any charge under this Act, except insofar as such rules and principles are altered by or are inconsistent with this Act or any regulations made under this Act.
Part 4
SUMMARY TRIAL BY DISCIPLINARY OFFICERS
Section 60
Interpretation of this Part
Amended [28/2009]
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 or her disciplinary powers over it;“formation” means a brigade or its equivalent in the navy and air force or any equivalent body of servicemen;“junior disciplinary officer” means, except where otherwise expressly provided, any officer, warrant officer or military expert of or above the rank of ME3 —
(a)
who is in command of a squadron, battery or company or an equivalent sub-unit; or(b)in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline;“reversion in rank” means reverting a soldier from a temporary rank to the next substantive rank;“Senior Disciplinary Committee” means a Senior Disciplinary Committee appointed under section 72;“senior disciplinary officer” means —
(a)
any officer, warrant officer or senior military expert who is —
(i)
in command of a base or unit; or(ii)designated by the Armed Forces Council as a senior disciplinary officer for the purposes of discipline; or(b)a commander of a detachment;“superior commander” means any officer or senior military expert who is —
(a)
in command of a command or formation; or(b)designated by the Armed Forces Council as a superior commander for the purposes of discipline;“unit” means a battalion or its equivalent in the navy and air force 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 or her disciplinary powers over it;
Definition
“formation” means a brigade or its equivalent in the navy and air force or any equivalent body of servicemen;
Definition
“junior disciplinary officer” means, except where otherwise expressly provided, any officer, warrant officer or military expert of or above the rank of ME3 —
(a)
who is in command of a squadron, battery or company or an equivalent sub-unit; or(b)in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline;
Definition
“reversion in rank” means reverting a soldier from a temporary rank to the next substantive rank;
Definition
“Senior Disciplinary Committee” means a Senior Disciplinary Committee appointed under section 72;
Definition
“senior disciplinary officer” means —
(a)
any officer, warrant officer or senior military expert who is —
(i)
in command of a base or unit; or(ii)designated by the Armed Forces Council as a senior disciplinary officer for the purposes of discipline; or(b)a commander of a detachment;
Definition
“superior commander” means any officer or senior military expert who is —
(a)
in command of a command or formation; or(b)designated by the Armed Forces Council as a superior commander for the purposes of discipline;
Definition
“unit” means a battalion or its equivalent in the navy and air force or any equivalent body of servicemen.
Amended [28/2009]
Section 61
Summary disposal of charges for offences not specified in Schedule
(1)
A charge made against any person subject to military law in respect of any offence that is not specified in the Schedule must not be dealt with summarily under the provisions of this Part.
Section 62
Charges and jurisdiction
Amended [28/2009]Amended [28/2009]Amended [28/2009]Amended [28/2009]Amended [28/2009]
(1)
Before an allegation against any person subject to military law (called in this Act the accused) that the person has committed an offence under this Act is further proceeded with, the allegation must be reported in the form of a charge to a disciplinary officer and dealt with in accordance with the provisions of this Part.
(2)
If the accused is an officer of the rank of colonel, or a senior military expert of the rank of ME7, the charge must, within such time as may be specified in any regulations made under this Act, be brought before the Chief of Defence Force.
Amended [28/2009]
(3)
If the accused is an officer of the rank of lieutenant‑colonel or senior lieutenant‑colonel, or a senior military expert of the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before any Service Chief.
Amended [28/2009]
(4)
If the accused is an officer below the rank of lieutenant‑colonel, or a senior military expert below the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a superior commander at least 2 ranks above him.
Amended [28/2009]
(5)
If the accused is a warrant officer or a military expert of the rank of ME3, the charge must, within such time as may be specified in any regulations made under this Act be brought before a superior commander.
Amended [28/2009]
(6)
If the accused is a soldier below the rank of warrant officer or ME3, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a junior disciplinary officer.
Amended [28/2009]
(7)
A disciplinary officer other than a Service Chief or the Chief of Defence Force 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 the disciplinary officer with the powers of a senior disciplinary officer or a superior commander or a senior disciplinary officer has vested the disciplinary officer with the powers of a junior disciplinary officer in respect of the accused.
Section 63
Powers of junior disciplinary officer when dealing with charge
A junior disciplinary officer when dealing with a charge may —
(a)
dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)
try the accused summarily; or(c)if he or she is of the opinion that the charge should not be dealt with by him or her —
(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.
Section 64
Powers of senior disciplinary officer when dealing with charge
(1)
A senior disciplinary officer when dealing with a charge may —
(a)
dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)
try the accused summarily; or(c)if he or she is of the opinion that the charge should not be dealt with by him or her, refer it to a superior commander recommending that the accused be tried by a subordinate military court.
(2)
On receipt of a charge under subsection (1), the superior commander must 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 Director, Legal Services of the Singapore Armed Forces.
Section 65
Powers of superior commander when dealing with charge
A superior commander when dealing with a charge other than a charge referred to him or her under section 64(1) may —
(a)
dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)
try the accused summarily;
(c)
if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
Section 65A
Powers of Service Chief when dealing with charge
(1)
A Service Chief when dealing with a charge brought before him or her under section 62(3) may —
(a)
dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)
try the accused summarily; or(c)if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(2)
A Service Chief must try the accused summarily where a charge is referred to him or her under section 67(b)(ii) or 75(4)(a)(i).
Section 65B
Powers of Chief of Defence Force when dealing with charge
(1)
The Chief of Defence Force when dealing with a charge brought before him or her under section 62(2) may —
(a)
dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)
try the accused summarily; or(c)if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(2)
The Chief of Defence Force must try the accused summarily where a charge is referred to him or her under section 67(b)(iii) or 75(4)(a)(i) or (ii).
Section 66
Restrictions on power to dismiss charge
(1)
A disciplinary officer must not dismiss a charge unless he or she is satisfied —
(a)
that the charge is groundless; or(b)that there are special circumstances which justify its dismissal.
(2)
A disciplinary officer must record the reasons for the dismissal of a charge.
Section 67
Remission of case for trial or otherwise
Amended [17/2004]
Where a superior commander, a Service Chief or the Chief of Defence Force has referred a charge to the Director, Legal Services of the Singapore Armed Forces, that person may —
(a)
direct that the charge be tried by a subordinate military court;
(b)
with the approval of the Armed Forces Council, direct that the charge be tried by —
(i)
in the case of a charge referred to him or her by a superior commander — the superior commander, the senior disciplinary officer or any other superior commander or senior disciplinary officer;
(ii)
in the case of a charge referred to him or her by a Service Chief — the Service Chief, any other Service Chief or the Chief of Defence Force; and(iii)in the case of a charge referred to him or her by the Chief of Defence Force — the Chief of Defence Force; 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.
Section 68
Powers of punishment of junior disciplinary officer
Amended [6/2006; 28/2009]
A junior disciplinary officer may, upon conviction of an accused below the rank of warrant officer or ME3, impose any one of the following punishments:
(a)
in the case of servicemen holding trainee ranks which are equivalent to the rank of private, privates and recruits, detention for a period not exceeding 10 days;
(b)
a fine not exceeding —
(i)
in the case of soldiers above the rank of third sergeant (including military experts), a sum of $1,000; and(ii)in the case of soldiers of the rank of third sergeant and below, a sum not exceeding $300;
(c)
reprimand;
(d)
such minor punishment as the junior disciplinary officer is authorised by regulations made under this Act to award.
Section 69
Powers of punishment of senior disciplinary officer
Amended [6/2006; 28/2009]
(1)
A senior disciplinary officer may, upon conviction of an accused below the rank of warrant officer or ME3, impose any one of the following punishments:
(a)
detention for a period not exceeding 40 days;
(b)
reduction in rank;
(c)
reversion in rank;
(d)
a fine not exceeding —
(i)
in the case of soldiers above the rank of third sergeant (including military experts), a sum of $1,500; and(ii)in the case of soldiers of the rank of third sergeant and below, a sum not exceeding $500;
(e)
reprimand;
(f)
such minor punishment as the senior disciplinary officer is authorised by regulations made under this Act to award.
Amended [6/2006; 28/2009]
(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 or her ordinary pay authorised by this Act.
Section 70
Powers of punishment of superior commander
Amended [6/2006; 28/2009]
(1)
A superior commander may upon conviction of an accused who is an officer below the rank of lieutenant‑colonel, a warrant officer or a military expert of the rank of ME3, ME4 or ME5 impose any one of the following punishments:
(a)
forfeiture of seniority of rank and forfeiture of all or any part of his or her service for purposes of promotion;
(b)
a fine not exceeding —
(i)
in the case of officers who are of the rank of captain or major, or senior military experts who are of the rank of ME4 or ME5, a sum of $3,000; and(ii)in the case of officers below the rank of captain, warrant officers and military experts of the rank of ME3, a sum of $2,000;
(c)
reprimand.
Amended [6/2006; 28/2009]
(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 or her ordinary pay authorised by this Act.
Section 70A
Powers of punishment of Service Chief
Amended [6/2006; 28/2009]
(1)
A Service Chief may, upon the conviction of an accused of the rank of lieutenant‑colonel, senior lieutenant‑colonel or ME6, impose any one or all of the following punishments:
(a)
forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion;
(b)
a fine not exceeding a sum of $6,000;
(c)
reprimand.
Amended [6/2006; 28/2009]
(2)
In addition to or in lieu of any other punishment, a Service Chief may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
Section 70B
Powers of punishment of Chief of Defence Force
Amended [6/2006; 28/2009]
(1)
The Chief of Defence Force may, upon the conviction of an accused of the rank of lieutenant‑colonel, senior lieutenant‑colonel, colonel, ME6 or ME7, impose any one or all of the following punishments:
(a)
forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion;
(b)
a fine not exceeding a sum of $6,000;
(c)
reprimand.
Amended [6/2006; 28/2009]
(2)
In addition to or in lieu of any other punishment, the Chief of Defence Force may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
Section 71
Detention in default of fine
Amended [6/2006]
(1)
A disciplinary officer, if he or she is empowered under this Act to impose detention as a punishment, may direct that in default of the payment of any fine imposed by him or her on any offender, the offender shall, subject to subsection (2), undergo detention for such period as the disciplinary officer may determine.
(2)
The period of detention which a disciplinary officer may direct under subsection (1) is —
(a)
if the fine does not exceed $300 — detention for a period not exceeding 10 days;
(b)
if the fine exceeds $300 but does not exceed $1,000 — detention for a period not exceeding 20 days; and(c)in any other case — detention for a period not exceeding 40 days,and such detention takes effect from such date as the disciplinary officer may direct and ends when the fine is paid.
Amended [6/2006]
Section 72
Power of Senior Disciplinary Committee
Amended [28/2009]Amended [28/2009]Amended [28/2009]Amended [6/2006]Amended [17/2004]
(1)
A charge against an officer of or above the rank of brigadier‑general or rear admiral (one-star) or a senior military expert of the rank of ME8, may be dealt with summarily by a Senior Disciplinary Committee appointed by the Chairperson of the Armed Forces Council for that purpose.
Amended [28/2009]
(2)
Despite subsection (1), a Senior Disciplinary Committee has the power to deal with a charge against an officer of the rank of colonel, or a senior military expert of the rank of ME7, in any case referred to it by the Armed Forces Council under section 75(4)(a)(ii).
Amended [28/2009]
(3)
The Senior Disciplinary Committee must consist of at least 3 members of the Armed Forces Council or any other uneven number, the majority of whom must be members of the Singapore Armed Forces.
(4)
The members of the Senior Disciplinary Committee must be equivalent or superior in rank to the accused or must each be holding an appointment equivalent or superior to that held by the accused.
Amended [28/2009]
(5)
The seniority of such appointments is to be determined by the Chairperson of the Armed Forces Council.
(6)
The Senior Disciplinary Committee may —
(a)
dismiss the charge if it is of the opinion that the charge ought not to be proceeded with; or(b)deal with the case summarily and upon conviction of the accused, impose any one or all of the following punishments:
(i)
forfeiture of seniority of rank and forfeiture of all or any part of service for purposes of promotion;
(ii)
a fine not exceeding a sum of $10,000;
(iii)
reprimand.
Amended [6/2006]
(7)
In addition to or in lieu of any other punishment, the Senior Disciplinary Committee may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
(8)
Where the Senior Disciplinary Committee considers under this section that the accused should be tried by a subordinate military court, the Committee must refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(9)
Where the Senior Disciplinary Committee has proceeded to deal with a case summarily under this section and is satisfied on the evidence as to the guilt of the accused, the Committee must, before proceeding to conviction and punishment other than a reprimand, give the accused an opportunity of electing to be tried by a subordinate military court.
(10)
If the accused so elects, the Committee must refer the charge to the Director, Legal Services of the Singapore Armed Forces who must direct that the charge be tried by a subordinate military court.
Amended [17/2004]
(11)
Every decision of the Senior Disciplinary Committee must be in accordance with the opinion of the majority of the members dealing with the case.
Section 73
Compensation
(1)
Where an accused is convicted by a disciplinary officer or a Senior Disciplinary Committee, the disciplinary officer or Senior Disciplinary Committee may, in addition to any other punishment but subject to subsection (2), order the accused to pay compensation to the party who suffered damage or loss because of the offence.
(2)
The amount of compensation that may be ordered by a junior disciplinary officer must not exceed a sum of $50 and the amount of compensation ordered by a senior disciplinary officer, a superior commander, a Service Chief, the Chief of Defence Force or a Senior Disciplinary Committee must not exceed a sum of $100.
Section 74
Recovery of compensation
An order for payment of compensation made under section 73 does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation paid under the order.
Section 75
Power to quash finding of disciplinary officer
Amended [28/2009]
(1)
The Armed Forces Council may, upon the advice of the Director, Legal Services of the Singapore Armed Forces —
(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 guilt 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 is not in any event greater or more severe than that awarded by the disciplinary officer.
(2)
Any substituted finding or sentence under subsection (1) is to be treated for all purposes as a finding or sentence of the disciplinary officer.
(3)
In the case where servicemen are serving outside Singapore, the powers under subsection (1) must be exercised —
(a)
in relation to any finding, sentence, order of dismissal of a charge or award of compensation of a Service Chief or the Chief of Defence Force — by the Armed Forces Council, except that where the person for the time being holding the appointment of a Service Chief or the Chief of Defence Force is the person who made the finding, sentence, order or award, he or she must not sit as a member of the Armed Forces Council for the purposes of this paragraph; and(b)in any other case — by an officer or a senior military expert appointed by the Armed Forces Council.
Amended [28/2009]
(4)
Where the Armed Forces Council has in any case quashed the finding, sentence, order of dismissal of a charge or award of compensation of a disciplinary officer under subsection (1)(a), the Council may —
(a)
refer the case to be re‑tried —
(i)
where the disciplinary officer is a Service Chief, by the Service Chief or, if the Council is of the opinion that the case should not be re‑tried by the Service Chief, any other Service Chief or the Chief of Defence Force;
(ii)
where the disciplinary officer is the Chief of Defence Force, by the Chief of Defence Force or, if the Council is of the opinion that the case should not be re‑tried by the Chief of Defence Force, by a Senior Disciplinary Committee; and(iii)in any other case, by the same or another disciplinary officer; or(b)if the Council is of the opinion that the case should be re‑tried by a subordinate military court, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(5)
The Armed Forces Council may at any time suspend the execution of any sentence passed by a disciplinary officer for any period the Council thinks fit.
Section 76
Inapplicability of law of evidence
A disciplinary officer or a Senior Disciplinary Committee is not bound by the laws of evidence and must act in the manner that seems to the officer or the Committee most expedient for the disposal of the charge.
Section 77
Right of accused to elect for trial by subordinate military court
Amended [17/2004]
(1)
Despite the provisions of 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 must, before proceeding to conviction and punishment, other than a reprimand or minor punishment, give the accused an opportunity of electing to be tried by a subordinate military court.
(2)
If the accused so elects, the disciplinary officer must forward the charge‑sheet, record of the evidence and any other particulars that may be prescribed to the Director, Legal Services of the Singapore Armed Forces who may —
(a)
direct that the charge be tried by a subordinate military court; 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.
Amended [17/2004]
(3)
Where under subsection (1) 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, the disciplinary officer may proceed to the conviction of the accused without giving the accused an opportunity of electing to be tried by a subordinate military court.
Section 78
Time limits for summary trial
Amended [28/2009]
(1)
Subject to subsection (2), a person must not be tried by a disciplinary officer —
(a)
if the person has been released or discharged within 6 months after the commission of the offence — after the expiry of 3 years from the date of the commission of the offence;
(b)
if the person is an operationally ready national serviceman at the time of the commission of the offence — after the expiry of 3 years from that time;
(c)
in any other case — after the expiry of 6 months from the date of the commission of the offence.
(2)
Despite subsection (1), the Armed Forces Council or any officer, senior military expert or person authorised by the Council may by written order direct a person to be tried after the expiry of the period of 6 months or 3 years mentioned in subsection (1) where the circumstances of the case warrant such a summary trial.
Amended [28/2009]
(3)
A person must not be tried after the expiry of any time limit specified in section 111 for the trial of any offence referred to in that section.
Section 79
Record of proceedings
Every disciplinary officer must keep a record of proceedings conducted by him or her under this Part and upon the conclusion of the proceedings must forward the record to the Director, Legal Services of the Singapore Armed Forces.
Part 5
TRIAL BY SUBORDINATE MILITARY COURTS
Section 80
Subordinate military courts
For the purposes of this Act, there shall be the following courts:
(a)
general courts martial; and(b)field general courts martial,and in this Act when these courts are collectively mentioned they are called subordinate military courts.
Section 80A
General courts martial panel
Amended [17/2004; 28/2009]Amended [17/2004]Amended [17/2004]
(1)
For the purpose of enabling general courts martial to be constituted in accordance with this Part, the convening authority must appoint a panel (called in this Act the general courts martial panel) consisting of as many officers, senior military experts and non‑uniformed servicemen in officer grades as the convening authority may determine.
Amended [17/2004; 28/2009]
(2)
A member of the general courts martial panel is appointed for such term as the convening authority may determine.
Amended [17/2004]
(3)
The convening authority may at any time revoke the appointment of any member of the general courts martial panel.
Amended [17/2004]
Section 81
Constitution and jurisdiction of general courts martial
Amended [17/2004]Amended [17/2004]Amended [17/2004; 28/2009]Amended [17/2004; 28/2009]Amended [17/2004; 28/2009]Amended [17/2004; 28/2009]Amended [17/2004; 40/2019]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]
(1)
The general courts martial consist of the following courts:
(a)
judge courts martial;
(b)
panel courts martial.
Amended [17/2004]
(2)
Every general court martial is constituted —
(a)
by the convening authority; and(b)subject to subsection (7), from the members of the general courts martial panel.
Amended [17/2004]
(3)
A judge court martial consists of a president, who must be a qualified person and, subject to subsection (6)(a), an officer of or above the rank of major or a senior military expert of or above the rank of ME5.
Amended [17/2004; 28/2009]
(4)
A panel court martial consists of the following members:
(a)
a president who, subject to subsections (6)(b) and (7), must be an officer of or above the rank of major or a senior military expert of or above the rank of ME5; and(b)subject to subsections (5) and (6)(c), 2 or any greater even number of other members —
(i)
each of whom must be an officer or a senior military expert; and(ii)at least one of whom must be an officer of or above the rank of captain or a senior military expert.
Amended [17/2004; 28/2009]
(5)
Where a panel court martial is constituted for the trial of a non‑uniformed serviceman, the members mentioned in subsection (4)(b) may include, in place of the corresponding number of officers or senior military experts, not more than 2 non‑uniformed servicemen in officer grades.
Amended [17/2004; 28/2009]
(6)
Where the accused is of or above the rank of lieutenant‑colonel or ME6 —
(a)
the president of any judge court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused;
(b)
subject to subsection (7), the president of any panel court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; and(c)if a panel court martial is constituted for the trial of the accused, at least 2 of the members under subsection (4)(b) must be of or above the rank of lieutenant‑colonel or ME6.
Amended [17/2004; 28/2009]
(7)
Where the accused is charged with —
(a)
murder or culpable homicide not amounting to murder;
(b)
an offence under section 121 or 121A of the Penal Code 1871; or(c)any other offence for which the punishment of death is authorised under any written law,and the charge is to be tried by a general court martial, the accused must be tried before a panel court martial and the president of the panel court martial must be a Supreme Court Judge appointed by the Chief Justice.
Amended [17/2004; 40/2019]
(8)
Where none of the members of a panel court martial is a qualified person, a judge advocate designated by the convening authority must officiate in any trial before that court in accordance with regulations of procedure made under section 93.
Amended [17/2004]
(9)
Subject to subsection (7), every general court martial has jurisdiction to try any person subject to military law for any offence under this Act and to award for the offence any punishment authorised by this Act.
Amended [17/2004]
(10)
Unless the Director, Legal Services of the Singapore Armed Forces directs otherwise, where a charge is to be tried by a general court martial, the charge must be tried by a panel court martial.
Amended [17/2004]
(11)
Subject to subsection (7), where, before the start of any trial before a general court martial —
(a)
the president or any member of the court dies; or(b)the convening authority ascertains that the president or any member of the court —
(i)
is unable to attend; or(ii)is not eligible to serve in that court,the convening authority may designate another person from the general courts martial panel to fill the vacancy.
Amended [17/2004]
(12)
Subject to subsection (13), any question as to —
(a)
the guilt of the accused; or(b)the sentence to be imposed on the accused,must be decided by a panel court martial in accordance with the opinion of the majority of the members of that court.
Amended [17/2004]
(13)
Where the accused is charged with any offence for which the punishment of death is authorised under any written law —
(a)
the accused must not be convicted of that offence unless the members of the panel court martial reach a unanimous decision that the accused is guilty of that offence; and(b)if the members of that court fail to reach a unanimous decision, the accused may, if the members of that court by majority decision agree, be convicted of any lesser offence authorised by this Act.
Amended [17/2004]
(14)
Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (2), (8) or (11), the registrar or person is entitled to exercise those powers and perform those duties.
Amended [17/2004]
Section 82
Judge Advocate-General, judge advocates and legal personnel
Amended [28/2009]
(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 is deemed to be a reference to the person appointed under this subsection.
(2)
The person appointed under subsection (1) must be either an officer in the Singapore Legal Service of at least 5 years service or an advocate and solicitor of the Supreme Court of at least 5 years’ standing.
Amended [28/2009]
(3)
Regulations of procedure may make provision as to the functions to be exercised by the Judge Advocate‑General and, in particular, his or her functions 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 or her by the Armed Forces Council or the Director, Legal Services of the Singapore Armed Forces.
(4)
The Armed Forces Council may appoint advocates and solicitors of the Supreme Court to officiate as judge advocates in subordinate military courts and regulations of procedure made under this Act may provide for the exercise of their functions at a trial by such courts.
(5)
The Armed Forces Council may appoint —
(a)
a qualified person to be responsible for legal matters in the Singapore Armed Forces, and called the Director, Legal Services of the Singapore Armed Forces;
(b)
military prosecutors who must wherever practicable be qualified persons; and(c)a registrar for the Military Court of Appeal or for subordinate military courts.
(6)
The Director, Legal Services of the Singapore Armed Forces is by virtue of his or her appointment the chief military prosecutor.
Section 83
Field general courts martial
Amended [17/2004]Amended [28/2009]Amended [28/2009]
(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 (called in this Act the convening officer), if it is not practicable for a general court martial to try the accused, to convene a field general court martial.
Amended [17/2004]
(2)
Every field general court martial may try any person subject to military law for any offence under this Act and may award for the offence any punishment that a general court martial is competent to award for the offence.
(3)
Every field general court martial must consist of 3 or any greater uneven number of members (each of whom must be an officer or a senior military expert), and the member who is most senior in rank presides.
Amended [28/2009]
(4)
The convening officer may preside over a field general court martial, but must, whenever it is practicable, appoint as president of the field general court martial another person, who must be —
(a)
an officer of or above the rank of captain; or(b)a senior military expert.
Amended [28/2009]
(5)
Whenever it is practicable, the rank of each member of the field general court martial must be of a rank above that of the accused.
(6)
The convening officer has to appoint any serviceman to perform the functions of a registrar of the court.
(7)
The determination of any question before a field general court martial must be according to the majority of the members of the court hearing the case.
(8)
To find an accused guilty of a charge in respect of which punishment of death is authorised under this Act, the decision of the field general court martial must be unanimous.
(9)
If the field general court martial fails to reach a unanimous decision, an accused must not be convicted of an 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.
Section 84
Ineligibility
Amended [17/2004]
The following persons are not eligible to serve on 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.
Section 85
Members of subordinate military courts may belong to same or different units
Amended [17/2004]Amended [17/2004]
(1)
The members of a panel court martial or field general court martial 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.
Amended [17/2004]
(2)
The president of a judge court martial may be unattached to any unit, and may try persons belonging to or attached to any unit.
Amended [17/2004]
Section 86
Record of proceedings
Amended [17/2004]Amended [17/2004]
(1)
The president of a subordinate military court or, if a judge advocate is present, the judge advocate, must keep a record of the proceedings of the trial.
(2)
The president of a subordinate military court may, if a judge advocate is not present, despite subsection (1) during any proceedings of the court, appoint a person to keep on his or her behalf the record of the proceedings or may direct that the record must be taken by a recording device or by some other mechanical device.
(3)
The charge-sheet and the documents admitted by the court, and any other documents which the president of the subordinate military court may direct, must be attached to the record of the proceedings and form part of that record.
(4)
The president of a subordinate military court and, in the case of a panel court martial or a field general court martial, every member of the court who is so required by the president must record the grounds for his or her decision in writing and the written judgment or grounds of decision forms part of the record of the proceedings.
Amended [17/2004]
(5)
The president of a subordinate military court or, in the case of a panel court martial or a field general court martial, any member of the court when he or she has recorded his or her judgment must not alter or revise the judgment.
Amended [17/2004]
(6)
A clerical error may be rectified at any time and any other mistake may be rectified before the court rises for the day.
(7)
The record of the proceedings must be authenticated by the president of a subordinate military court.
(8)
The record of the proceedings of a subordinate military court authenticated by the president of the court is conclusive evidence of anything contained therein unless it is proved that it has been falsified.
(9)
A record of the proceedings of a subordinate military court purporting to be signed by the president of the court is presumed to be so signed.
Section 87
Oath and affirmation
Amended [17/2004]Amended [17/2004; 40/2019]Amended [17/2004]Amended [17/2004]
(1)
Subject to subsection (2), an oath or affirmation in the prescribed form must be administered by the convening authority, or by any person appointed by the convening authority for this purpose, to each member of the general courts martial panel before the member assumes his or her office in a general court martial.
Amended [17/2004]
(2)
A Supreme Court Judge acting as president of a panel court martial is to take, in the presence of the Chief Justice, the oath or affirmation of allegiance in the prescribed form before he or she assumes his or her office in the panel court martial.
Amended [17/2004; 40/2019]
(3)
In the case of a field general court martial, an oath or affirmation must be administered —
(a)
by the president to every other member; and(b)to the president by any member already sworn,in the presence of the accused, after the court has assembled but before the accused is arraigned.
Amended [17/2004]
(4)
An oath or affirmation in the prescribed form must be administered by the president of a subordinate military court to any judge advocate officiating in a trial before the court in the presence of the accused, after the court has assembled but before the accused is arraigned.
Amended [17/2004]
(5)
An oath or an affirmation in the prescribed form must be administered by the president of a subordinate military court to every shorthand writer or interpreter (if any) in attendance at the trial.
(6)
Every witness before a subordinate military court must be examined on oath or affirmation, which the president of the court must administer in the prescribed form.
Section 88
Challenges by accused
Amended [17/2004; 40/2019]Amended [17/2004]Amended [17/2004; 28/2009]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]
(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 —
(a)
the president of the court, except a president who is a Supreme Court Judge; and(b)in the case of a panel court martial or a field general court martial, any other member of the court,whether appointed to serve on the court originally or to fill a vacancy, so that the court may consist of a president or of members to whom the accused makes no reasonable objection.
Amended [17/2004; 40/2019]
(2)
In the case of a panel court martial or a field general court martial, every objection made by an accused to any member, including the president, must be submitted to the other members appointed to form the court and —
(a)
if the majority of the members entitled to vote decide that there is reasonable cause for the objection, the court must allow the objection and the member objected to must retire; or(b)if the majority of the members entitled to vote decide that there is no reasonable cause for the objection, the court must dismiss the objection and record the reasons for its decision in the record of proceedings, and must also give those reasons to the convening authority if required to do so.
Amended [17/2004]
(3)
Any vacancy resulting from the retirement of a member under subsection (2)(a) may be filled by another member who must be —
(a)
in the case of a panel court martial — a member of the general courts martial panel who is eligible for the appointment, and who is designated by the convening authority to fill the vacancy; or(b)in the case of a field general court martial — an officer or a senior military expert who is eligible for the appointment, and who is appointed by the convening officer to fill the vacancy,subject to the same right of the accused to object.
Amended [17/2004; 28/2009]
(4)
In the case of a judge court martial, if an accused objects to the president, the president must determine whether there is any reasonable cause for the objection, and —
(a)
if the president decides that there is reasonable cause for the objection —
(i)
the president must allow the objection and the court must be dissolved; and(ii)the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused, subject to the same right of the accused to object; or(b)if the president decides that there is no reasonable cause for the objection, the president must —
(i)
dismiss the objection and record the reasons for his or her decision in the record of proceedings; and(ii)give those reasons to the convening authority if required to do so.
Amended [17/2004]
(5)
In order to enable an accused to avail himself or herself of the privilege of objecting to the president of a judge court martial or the members of a panel court martial or field general court martial —
(a)
the name of each person the court consists of must be read over in the hearing of the accused when the court first assembles and, in the case of a field general court martial, before the members of the court take their oaths or affirmations;
(b)
the accused must be asked whether he or she objects to that person; and(c)a like question must be repeated in respect of any person who —
(i)
is designated or appointed to fill a vacancy under subsection (3) or section 89(1)(b) or (c), (2) or (3); or(ii)is designated to be the president of a judge court martial under subsection (4)(a)(ii) or section 89(1)(a).
Amended [17/2004]
(6)
Where a judge court martial is dissolved under subsection (4)(a)(i), the accused may be tried again by another judge court martial.
Amended [17/2004]
(7)
Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (3)(a) or (4)(a)(ii), the registrar or person is entitled to exercise those powers and perform those duties.
Amended [17/2004]
Section 89
Effect of death or sickness on and adjournment of subordinate military court
Amended [17/2004; 28/2009]Amended [17/2004]Amended [17/2004; 28/2009]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]
(1)
If, after the start of the trial, the president of a subordinate military court dies or is otherwise unable to attend, then —
(a)
in the case of a judge court martial — the court must be dissolved, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused;
(b)
in the case of a panel court martial — the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy; or(c)in the case of a field general court martial — the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy.
Amended [17/2004; 28/2009]
(2)
If, after the start of a trial, any member of a panel court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy.
Amended [17/2004]
(3)
If, after the start of a trial, any member of a field general court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy.
Amended [17/2004; 28/2009]
(4)
If, on account of the illness of the accused before the finding, it is impossible to continue the trial, a subordinate military court must be dissolved.
Amended [17/2004]
(5)
Where a subordinate military court is dissolved under subsection (l)(a) or (4), the accused may be tried again by another subordinate military court.
Amended [17/2004]
(7)
A subordinate military court may, where necessary, view any place.
Amended [17/2004]
(8)
Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (1)(a) or (b) or (2), the registrar or person is entitled to exercise those powers and perform those duties.
Amended [17/2004]
Section 90
Power to convict for offence other than that charged
Amended [28/2009]
(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 lower degree of punishment.
(2)
An accused charged before a subordinate military court with any offence may be found guilty of attempting to commit that offence.
(3)
An accused charged before a subordinate military court with attempting to commit a military offence may be convicted on that charge even though it is proved that he or she actually committed the military offence.
(4)
An accused charged before a subordinate military court with attempting to commit a civil offence may be convicted on that charge even though it is proved that he or she actually committed the civil offence.
(5)
An accused charged before a subordinate military court with theft may be found guilty of dishonestly misappropriating property.
(6)
An accused charged before a subordinate military court with desertion may be found guilty of being absent without leave.
(7)
An accused charged before a subordinate military court with striking a person superior in rank or appointment may be found guilty of using or offering violence to a person superior in rank or appointment.
Amended [28/2009]
(8)
An accused charged before a subordinate military court with using violence may be found guilty of offering violence.
(9)
An accused charged before a subordinate military court with using threatening language may be found guilty of using insubordinate language.
(10)
When an accused is charged before a subordinate military court with a civil offence and the charge is one upon which, if he or she had been tried by a civil court in Singapore for such an offence committed in Singapore, he or she might have been found guilty of any other offence, the subordinate military court has the power to find him or her guilty of that offence.
Section 91
Power to order restitution of stolen property
(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.
(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 subordinate military court to have been obtained by the conversion or exchange of any of the property stolen, dishonestly misappropriated or converted, received or unlawfully obtained.
(3)
An order under this section does not bar the right of any person, other than the offender, or anyone claiming through him or her, to recover any property or money delivered or paid pursuant to an order made under this section from the person to whom the same is so delivered or paid.
Section 92
Decision
Once the hearing ends, a subordinate military court must, either at once or on some future date which must either then be appointed for the purpose or of which notice must subsequently be given to the parties, announce its finding or sentence or both.
Section 93
Regulations of procedure
Amended [21/2008]
(1)
The Armed Forces Council may make regulations of procedure with regard to any matter or thing that is expedient or necessary for the purpose of carrying out this Act so far as relates to the investigation, trial and punishment of offences triable or punishable by subordinate military courts under this Act.
(2)
Without limiting subsection (1), the regulations of procedure may make provision with respect to all or any of the following matters:
(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 guilt, 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’s 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 or she is convicted at the request of the accused, take into consideration other offences under this Act committed by him or her;
(i)
the procedure to be observed when an accused is suspected to be mentally disordered 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;
(k)
any matter in this Part which is required or authorised to be prescribed.
Amended [21/2008]
(3)
Regulations made under this section 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.
(4)
Regulations made under this section must not contain anything which is contrary to, or which is inconsistent with, the provisions of this Act.
Section 94
Application of Criminal Procedure Code 2010
Amended [15/2010; 4/2012; 19/2018]Amended [15/2010; 19/2018]Amended [15/2010; 19/2018]Amended [15/2010; 19/2018]
(1)
Without affecting section 93 of this Act, sections 123 to 148, 244 to 256, 262 to 268, 282, 283, 284, 290, 293, 294, 296, 297, 319 (other than subsection (1)(e) thereof), 320, 326 to 332, 359, 360, 364, 365, 366, 368 to 372, 391, 423 and 426 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018), insofar as they are not inconsistent with the provisions of this Act or any regulations made under this Act, apply, with the necessary modification, to proceedings before and punishments awarded by subordinate military courts.
Amended [15/2010; 4/2012; 19/2018]
(2)
A subordinate military court when invoking section 319 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018) (other than subsection (1)(e) thereof) may award detention or special detention in a disciplinary barrack instead of imprisonment.
Amended [15/2010; 19/2018]
(3)
Section 328 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018) applies to any sentence of caning awarded or imposed under this Act despite any other provisions of this Act or any regulations made under this Act.
Amended [15/2010; 19/2018]
(4)
In exercising the powers under section 332 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018), a subordinate military court may award any less punishment authorised by this Act instead of imprisonment.
Amended [15/2010; 19/2018]
(5)
The Minister may, by order in the Gazette, provide for the application of such other provisions of the Criminal Procedure Code 2010 as the Minister thinks fit for the purposes of investigation, trial and punishment of offences punishable under this Act, subject to any modifications as may be specified in the order.
Section 95
Procedure in absence of provisions
Where no provision is made in this Act, or in any regulations made under this Act, in respect of any procedural matter, a subordinate military court must decide on the most expedient procedure to be followed in the particular case that will best serve the interests of justice.
Section 96
Proceedings not to be set aside
Amended [42/2005]
Subject to section 112(3), no proceedings of a subordinate military court may be set aside or deemed to be void for want of form or be removed by a Quashing Order or otherwise into any civil court.
Section 97
Application of general rules of evidence
Subject to this Act or any regulations made under this Act, the rules of evidence, including the Evidence Act 1893, observed in the trial of criminal cases before civil courts in Singapore apply, insofar as they are not inconsistent with the provisions of this Act or any regulations made under this Act, to subordinate military courts.
Section 98
Military documents as evidence
Amended [28/2009]
(1)
Any document, purporting to be signed by an officer, a warrant officer or a military expert of or above the rank of ME3 in the course of duty and containing particulars regarding the following matters is prima facie evidence of those 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.
Amended [28/2009]
(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, is conclusive evidence of its contents.
(3)
Any document purporting to be a document under subsection (1) or (2) is presumed to be such a document.
Section 99
Certificate relating to controlled drug or controlled substance
Amended [16/2016]Amended [16/2016]
(1)
A certificate purporting —
(a)
to be signed by —
(i)
an analyst employed by the Health Sciences Authority;
(ii)
a person appointed under section 16(a)(ii) of the Misuse of Drugs Act 1973;
(iii)
a Singapore Armed Forces pharmacist or chemist; or(iv)such other person as the Minister may, by notification in the Gazette, appoint; and(b)to relate to a controlled drug or controlled substance,is to be admitted in evidence in any proceedings under this Act for an offence under section 34, or under the Misuse of Drugs Act 1973, on the production of the certificate by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained in the certificate.
Amended [16/2016]
Definition
“controlled drug” and “controlled substance” have the respective meanings given by section 2 of the Misuse of Drugs Act 1973;
Definition
“Health Sciences Authority” means the Health Sciences Authority established under section 3 of the Health Sciences Authority Act 2001.
Amended [16/2016]
Section 100
Repealed / deleted
[Repealed by Act 16 of 2016]
Section 101
Transcript
Amended [28/2009]
Where a document has been prepared or certified by a person subject to military law in the course of his or her duty, a transcript of that document authenticated by the person or by an officer or a senior military expert has the effect of the original and is presumed correct.
Section 102
Representation
Amended [28/2009]Amended [21/2008]
(1)
Subject to any other provisions of this Act, an accused has the right to be represented in his or her defence before a subordinate military court by an advocate and solicitor, if provided by the accused, or by any officer or senior military expert in the Singapore Armed Forces.
Amended [28/2009]
(2)
Where an accused is not represented by a person in accordance with subsection (1) and —
(a)
is charged with an offence punishable by death;
(b)
is dumb, blind or deaf; or(c)is suspected of being mentally disordered,the president of the subordinate military court must appoint a defence counsel to assist the accused in his or her defence.
Amended [21/2008]
(3)
Where the accused selects a person to represent him or her in a subordinate military court, that person is authorised to do so after submitting to the court a warrant to act signed by the accused.
Section 103
Publicity
(1)
Subject to any other provisions of this Act, a subordinate military court must sit in open court in the presence of the parties and, to the extent that accommodation permits, the public must be admitted to the trial.
(2)
Every judgment or finding of a subordinate military court must be pronounced in open court.
Section 104
Proceedings in camera
Amended [17/2004]Amended [17/2004]
(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 the court must be dealt with in camera.
(2)
Upon the making of such order the subordinate military court ceases to be an open court and, with the exception of the accused’s counsel and such other persons as the court may consider to be necessary for the purposes of the proceedings, the public must be excluded therefrom for so long as the court thinks fit.
(3)
A subordinate military court may exclude a person from any part of the proceedings where the person is obstructing the proceedings of the court.
(4)
A person must not be present during any deliberation by a panel court martial or a field general court martial without permission from the president of the court.
Amended [17/2004]
(5)
The president of any panel court martial or field general court martial may, on any deliberation amongst the members of the court, cause the courtroom to be cleared of all other persons.
Amended [17/2004]
Section 105
Publications and photographs
(1)
Where any proceedings in a subordinate military court have been held in camera, a person must not publish any information concerning the proceedings and the judgment, except with the permission of the Armed Forces Council.
(2)
A person must not 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 subordinate military court.
(3)
A person who contravenes this section shall be guilty of an offence and shall be liable on conviction by a subordinate military court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.
Section 106
Investigation materials before a field general court martial
Amended [28/2009]
The accused, his or her defence counsel or, with the consent of a military prosecutor, a person authorised by the accused or the accused’s defence counsel may, where a charge‑sheet is submitted to a field general court martial, at any reasonable time inspect and take copies of the investigation materials excluding the investigation diary.
Section 107
Independence of subordinate military courts
Amended [17/2004]Amended [17/2004]
(1)
In matters of adjudication, presidents and other members of subordinate military courts are not subject to the authority of their commanders, or to any other authority, except the law.
Amended [17/2004]
(2)
A person must not attempt to coerce or by any unauthorised means influence the action or proceedings of a subordinate military court or any president or, where applicable, other member thereof.
Amended [17/2004]
(3)
A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.
Section 108
Person not to be tried twice
(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 or her conviction quashed by the Military Court of Appeal or the Armed Forces Council, the person 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.
(2)
Where a person subject to military law has been acquitted or convicted of an offence by a disciplinary officer, he or she 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 the person may be tried for the same offence or for an offence based on the same facts by a civil court which must in awarding punishment have regard to any military punishment the person may already have undergone as a result of his or her conviction by a disciplinary officer.
(3)
Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he or she shall not be liable to be tried in respect of that offence by a subordinate military court or a disciplinary officer.
Section 109
Trial and punishment of offences where offender ceases to be subject to military law
Amended [16/2001]Amended [16/2001]
(1)
Subject to section 111, 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 the person is to 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 despite ceasing at any time to be subject thereto.
(2)
Without limiting subsection (1) but subject to section 111, 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, the subordinate military court or disciplinary officer before which the offence is triable may order that person to report for trial for the offence as if that person continued to be subject to military law despite ceasing at any time to be subject to military law.
Amended [16/2001]
(3)
Any person who fails to comply with any order under subsection (2) —
(a)
is deemed to have failed to comply with a lawful order within the meaning of section 17(2); and(b)shall be liable to be arrested, proceeded against and punished for an offence under section 17(2) as if the person continued to be subject to military law.
Amended [16/2001]
(4)
Where a person subject to military law is sentenced by a subordinate military court to imprisonment, special detention or detention or by a disciplinary officer to detention, this Act applies to the person during the term of his or her sentence, even though the person is discharged or dismissed from the Singapore Armed Forces, or has otherwise ceased to be subject to military law, and the person may be kept, removed, imprisoned, made to undergo special detention or detention, and punished accordingly as if the person continued to be subject to military law.
Section 110
Liability to military law in respect of place of commission of offence
Every person subject to military law who whether in Singapore or elsewhere commits any offence for which he or she 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 (in Singapore or elsewhere) 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 the subordinate military court or disciplinary officer takes place.
Section 111
Limitation of time for trial of offences
(1)
Subject to subsection (2), a person must not pursuant to this Act be tried for any offence triable under this Act unless the trial is started within 3 years after the later of the following dates:
(a)
the date on which the offence was committed;
(b)
the date on which information relating to the commission of that offence was reported to a disciplinary officer having jurisdiction over the accused or to a military policeman.
(2)
This section does not apply to a trial for the offence of misconduct in action, assisting the enemy, mutiny, absence without leave or desertion.
(3)
For the purpose of this section, the trial of any person by a subordinate military court for any offence starts when the person appears or is brought before a subordinate military court for the first time in connection with the offence, despite the fact that the subordinate military court before which the person appears or is brought for the first time may for any reason, adjourn or postpone the trial, and another subordinate military court is convened to try the person for the offence.
(4)
Where a serviceman has served continuously in an exemplary manner for not less than 3 years in the Singapore Armed Forces, the serviceman must not be tried for the offence of desertion (other than desertion on active service) if that offence was committed more than 3 years before the trial starts.
(5)
This section does not affect the jurisdiction of a civil court in the case of any offence triable by such court.
Section 112
Trial of civil offences
Amended [51/2007]
(1)
Subject to subsection (2), every person subject to military law who commits any of the following offences:
(a)
any offence under sections 121 and 121A of the Penal Code 1871;
(b)
murder;
(c)
culpable homicide not amounting to murder;
(d)
rape;
(e)
sexual assault by penetration;
(f)
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:
(g)
if the person is convicted of any offence under sections 121 and 121A of the Penal Code 1871 — death, or any less punishment authorised by this Act;
(h)
if the person is convicted of murder — death;
(i)
if the person is convicted of any other offence for which the punishment of death is authorised under any written law had the person been convicted by a civil court for such other offence — death;
(j)
if the person is convicted of culpable homicide not amounting to murder — imprisonment or any less punishment authorised by this Act;
(k)
if the person is convicted of rape or sexual assault by penetration — imprisonment or any less punishment authorised by this Act; or(l)if the person is convicted of any other offence, whether the offence is committed in Singapore or elsewhere, which when committed in Singapore is punishable by the law of Singapore, either —
(i)
any punishment as might be awarded to the person under this Act in respect of an act, conduct or neglect to the prejudice of good order or discipline; or(ii)any punishment that may be awarded for the offence under any written law, had the person been convicted by a civil court for the offence and, in addition to or in lieu of such punishment, one or more of the punishments specified in section 118(1)(c), (d), (e), (f), (g), (h), (j), (k) and (l), and any punishment which may be imposed under section 118(10), (11), (13) and (14), which is or are not prescribed by the written law for the offence.
Amended [51/2007]
(2)
A person subject to military law must not be tried by a subordinate military court for murder or culpable homicide not amounting to murder unless —
(a)
the person against whom the offence was committed was at the time of the offence subject to military law; or(b)the offence was committed while on active service.
(3)
Despite anything in this section, the Attorney‑General may, on his or her own motion, if he or she thinks it expedient for the ends of justice or on the application of the Director, Legal Services of the Singapore Armed Forces, 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 is not to be tried by a subordinate military court.
(4)
Upon an order being made under subsection (3), the case must be transferred to and be tried by a civil court.
Section 113
Summoning and privilege of witnesses at subordinate military courts and misconduct of civilians thereat
(1)
Every person required to give evidence before a subordinate military court may be summoned or ordered to attend in the prescribed manner.
(2)
Every person attending pursuant to such summons or order as a witness before any subordinate military court has, during his or her necessary attendance at such court, and in going to and returning from the court, the same privilege from arrest as he or she would have if he or she were a witness before a civil court.
(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 or her attendance, does not attend; 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 or her power or control legally required by a subordinate military court to be produced by the person; 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 that person under the president’s hand to a Magistrate’s Court.
(4)
The Magistrate’s 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 that person in the like manner as if he or she had committed the offence in a proceeding in that Court.
(5)
Where a person not subject to military law when examined on oath or on affirmation before a subordinate military court wilfully gives false evidence, the person shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding.
(6)
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 the court, or to bring the court into disrepute, the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court.
(7)
The Magistrate’s 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 that person in the like manner as if he or she had been guilty of contempt of that Court.
Section 114
Evidence of civil conviction or acquittal
Amended [28/2009]
(1)
Whenever any person subject to military law has been tried by any civil court, the registrar or clerk of the court or his or her deputy, or other officer having the custody of the records of that court, must, if required by the commanding officer of the person, or by any other serviceman (being an officer, a warrant officer or a military expert of or above the rank of ME3), transmit to him or her 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 or she was acquitted, the acquittal.
Amended [28/2009]
(2)
Any such certificate is 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.
Section 115
Evidence of conviction of subordinate military court
Amended [28/2009]
(1)
The original proceedings of a subordinate military court purporting to be signed by the president of the court and being in the custody of an officer of the court or the registrar are deemed to be of such a public nature as to be admissible in evidence on their mere production from such custody.
(2)
Any copy of the original proceedings of a subordinate military court purporting to be certified by an officer, a warrant officer, a military expert of or above the rank of ME3 or the registrar to be a true copy of such proceedings or of any part thereof, is admissible in evidence without proof of the signature of the president of the court.
Amended [28/2009]
Section 116
Review of findings and sentences of subordinate military courts by reviewing authority
(1)
For the purposes of this Act, the Armed Forces Council is a reviewing authority.
(2)
The Armed Forces Council may delegate its powers as a reviewing authority under this section to a committee consisting of at least 3 of its members.
(3)
An accused who has been sentenced by a subordinate military court or who has been found to be unfit to stand his or her 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.
(4)
The reviewing authority may —
(a)
at any time on its own motion; and(b)upon receipt of a petition under subsection (3) must, as soon as practicable after considering the matters alleged in the petition,review the finding or sentence.
(5)
Despite subsection (4), if notice of appeal has been lodged with the registrar of the Military Court of Appeal under section 129, any powers of review exercised by the reviewing authority in reviewing a finding or sentence under this section cease to have effect; and the appeal must be proceeded with as if no petition to review the finding or sentence had been made.
(6)
On a review, the reviewing authority may —
(a)
insofar as the review is of a finding, quash the finding and if the sentence relates only to the finding quashed, the sentence;
(b)
insofar as the review is of a sentence, quash the sentence;
(c)
in any case substitute a new finding for any finding of guilt 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 guilt 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 the accused guilty under section 90 of that other offence;
(ii)
the subordinate military court could have found the accused guilty of that other offence on any alternative charge that was laid, and it appears that the facts proved the accused 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 is not greater or more severe than that awarded by the subordinate military court.
(7)
Any substituted finding or sentence imposed under this section is to be treated for all purposes as a finding or sentence of the subordinate military court.
(8)
Despite anything in this section but subject to section 156(4), a sentence of death must not be carried into effect until reviewed by the reviewing authority unless the sentence of death is passed on a person on active service.
(9)
In such an event a sentence of death may, subject to subsection (3) 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.
Section 117
Power to order a re‑trial
(1)
The reviewing authority has and may exercise all the powers of the Military Court of Appeal to order a re‑trial conferred upon that Court by sections 149 and 150 and those sections apply with any necessary modification to a review by the reviewing authority under this section.
(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.
(3)
Any order for a re‑trial under this section operates to extinguish any appeal by the accused to the Military Court of Appeal.
Part 6
PUNISHMENTS OF MILITARY OFFENCES AND EXECUTION OF SENTENCES
Section 118
Scale of punishments, etc.
Amended [28/2009]Amended [28/2009]Amended [28/2009]Amended [6/2006; 28/2009]
(1)
The punishments which may be awarded by sentence of a subordinate military court under this Act are, subject to section 112(1) and to this section —
(a)
death;
(b)
imprisonment;
(c)
discharge with ignominy;
(d)
dismissal;
(e)
special detention for a term not exceeding 3 months in a disciplinary barrack;
(f)
detention for a term not exceeding 2 years;
(g)
reduction in rank, except that —
(i)
an officer must not be reduced below the rank of second lieutenant;
(ii)
a warrant officer must not be reduced below —
(A)
the rank of third warrant officer, if he or she was appointed as a warrant officer on or after 1 April 2010; or(B)the rank of second warrant officer, if he or she was appointed as a warrant officer before that date; and(iii)a senior military expert must not be reduced below the rank of ME4;
(h)
forfeiture of seniority of rank and forfeiture of all or any part of his or her service for purposes of promotion;
(i)
a fine;
(j)
deduction of pay in the case of an offence which has occasioned any expense, loss or damage;
(k)
reprimand;
(l)
such minor punishments as may be authorised by the Armed Forces Council in regulations made under this Act,and references in this Act to any punishment authorised 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 punishments.
Amended [28/2009]
(2)
For the purposes of this Part, a punishment specified in a paragraph in subsection (1) is to 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.
(3)
A person sentenced to death by a subordinate military court shall also be sentenced to discharge with ignominy.
(4)
An officer, a warrant officer or a military expert of or above the rank of ME3 who is sentenced by a subordinate military court to imprisonment or special detention in a disciplinary barrack 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 is not invalid but is deemed to include a sentence of discharge with ignominy from the Singapore Armed Forces.
Amended [28/2009]
(5)
A soldier (other than a warrant officer or a military expert of the rank of ME3) or a non‑uniformed serviceman who is sentenced by a subordinate military court to imprisonment or special detention in a disciplinary barrack or detention may also be sentenced to discharge with ignominy.
Amended [28/2009]
(6)
A discharge with ignominy under this section does not affect the liability of any person to perform national service under the Enlistment Act 1970.
(7)
Subject to section 112(1), the amount of a fine that may be awarded must not exceed —
(a)
in the case of officers and senior military experts — a sum of $10,000; and(b)in the case of soldiers and non-uniformed servicemen — a sum of $5,000,and any such fine may, if the court orders, be paid by instalment to be deducted from the offender’s pay.
Amended [6/2006; 28/2009]
(8)
The Armed Forces Council may restore the whole or any part of any lost seniority or forfeited service in the case of a person subject to military law who has performed good and faithful service, or who may otherwise be deemed by the Armed Forces Council to merit such restoration.
(9)
A person subject to military law when sentenced to forfeiture of seniority of rank, and a person subject to military law when sentenced to forfeiture of all or any part of his or her service for the purposes of promotion, may also be sentenced to a reprimand.
(10)
Where a person subject to military law on active service is guilty of any offence, it is lawful for a subordinate military court to award for that offence such field punishment as may be prescribed in regulations made under this Act, and such field punishment may include confinement in such manner or place as may be so provided or such labour or employment as a person subject to military law could be subjected if the person were serving a sentence of imprisonment.
(11)
In addition to or in lieu of any other punishment in respect of an offence committed by a person subject to military law on active service, it is lawful for a subordinate military court to order that the offender forfeits all ordinary pay for a period not exceeding 3 months commencing from the date on which the sentence is awarded.
(12)
For the purpose of commutation of punishment, the field punishment mentioned in subsection (10) is deemed to be a less punishment than detention.
(13)
In addition to or in lieu of any other punishment in respect of any offence, an offender convicted by a subordinate military court may be subject to forfeiture of any military decoration or military award.
(14)
In addition to any of the punishments under subsection (1), a subordinate military court may order an accused person to pay to the party who sustained damage or loss through the offence compensation not exceeding $1,000.
(15)
Nothing in subsection (14) prejudices the right of any person to a civil remedy for the recovery of damages beyond the amount of compensation ordered.
(16)
In addition to or in lieu of any other punishment, where a person has been convicted of an offence under sections 17, 19, 21, 22, 23 and 47, a subordinate military court may sentence the person to caning not exceeding 12 strokes but such sentence must not be carried into effect unless confirmed by the Armed Forces Council.
(17)
Despite anything in this Act, where an operationally ready national serviceman has been convicted of an offence under section 17, 19, 25 or 26, the subordinate military court, if it is satisfied on the facts of the particular offence that the operationally ready national serviceman, by the serviceman’s behaviour, conduct or deportment, has shown during the period of operationally ready national service referred to in section 14(1)(b) of the Enlistment Act 1970 that the serviceman is not responsive or amenable to military discipline, may —
(a)
in lieu of awarding the punishment prescribed by the section upon which the serviceman has been convicted or any less punishment authorised by this Act; and(b)in addition to the serviceman’s liability under section 14 of the Enlistment Act 1970,require the operationally ready national serviceman, to serve for such further period or periods of operationally ready national service not exceeding 12 months in the aggregate as the court may, in the circumstances of each particular case, decide.
(18)
The subordinate military court is to award the punishment referred to in subsection (17) only where it is satisfied that the operationally ready national serviceman is fit for operationally ready national service and considers that it is in the best interests of the Singapore Armed Forces that the operationally ready national serviceman should render a further period of operationally ready national service.
(19)
For the purposes of this Part, the punishment referred to in subsection (17) is to be treated as a less punishment than that specified in subsection (1)(e) and is to be treated as a sentence imposed by a subordinate military court for purposes of review and appeal under this Act.
Section 119
Punishment for aggravated disciplinary barrack offences
Amended [28/2009]Amended [28/2009]
(1)
Subject to subsection (2), a person serving a sentence of special detention in a disciplinary barrack who is found after due inquiry to be guilty of an aggravated disciplinary barrack offence may be punished by the officer or senior military expert in charge of a disciplinary barrack with caning not exceeding 12 strokes.
Amended [28/2009]
(2)
The officer or senior military expert in charge of a disciplinary barrack must not award any caning without the approval of the Armed Forces Council.
Amended [28/2009]
(3)
For the purposes of this section, an aggravated disciplinary barrack offence is —
(a)
mutiny as defined in section 15;
(b)
escape or attempt to escape;
(c)
striking or otherwise using violence to, or offering violence to, any person superior in rank or on the staff of the disciplinary barrack;
(d)
aggravated or repeated assault on any other person serving special detention in a disciplinary barrack;
(e)
wilful destruction of Singapore Armed Forces property;
(f)
wilfully causing self-illness, self-injury or disability;
(g)
wilfully making a false or groundless complaint against any person superior in rank or on the staff of the disciplinary barrack;
(h)
repetition of any minor disciplinary barrack offence after having been twice punished for such minor offence;
(i)
any other act of gross misconduct or insubordination; or(j)abetting the commission of any aggravated disciplinary barrack offence.
(4)
Minor disciplinary barrack offences are to be prescribed by regulations made under this Act.
(5)
When any caning is imposed under this section upon any person serving a sentence of special detention in a disciplinary barrack, the person shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which the person has been sentenced.
Section 120
Suspension of sentence
(1)
Subsections (2) and (3) have effect in relation to the suspension of a sentence of imprisonment or special detention in a disciplinary barrack or detention passed by a subordinate military court or by a disciplinary officer.
(2)
It is lawful for a subordinate military court or a disciplinary officer when passing a sentence of imprisonment or special detention in a disciplinary barrack or detention to order that the sentence must be suspended and the accused must not in that event be committed to prison or disciplinary barrack or detention barrack.
(3)
Where any such sentence is suspended and the offender so sentenced is sentenced for a fresh offence during the period of suspension —
(a)
by a subordinate military court to imprisonment or special detention in a disciplinary barrack or to detention; or(b)by a disciplinary officer to detention,then the court or the disciplinary officer may cancel the suspension of the earlier sentence and the court or the disciplinary officer has to direct whether the 2 sentences are to run concurrently or consecutively.
Section 121
Commencement of sentences
(1)
The term of imprisonment or special detention in a disciplinary barrack 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 takes effect from the date on which it was passed unless the court or the disciplinary officer passing the sentence otherwise directs.
(2)
A sentence of imprisonment or special detention in a disciplinary barrack 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 under section 120, must not start to run until the beginning of the date on which the suspension is cancelled.
Section 122
Sentence of detention or special detention in disciplinary barrack
(1)
A person sentenced to detention under this Act must, unless otherwise provided for in regulations made under this Act, serve the person’s sentence in detention barracks.
(2)
A person must 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 any regulations made under this Act a person serving such a sentence may be temporarily detained in a military or civil prison for any period not exceeding 7 days and thereafter must be transferred to detention barracks.
(3)
A person sentenced to special detention in a disciplinary barrack must, unless otherwise provided for in any regulations made under this Act, serve the person’s sentence in a disciplinary barrack.
Section 123
Civil prisons may receive military prisoners
Amended [1/2014]
It is lawful for the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933 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 the Commissioner or Superintendent pursuant to such regulations and to confine the person until execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law;
(b)
delivered into the Commissioner’s or Superintendent’s custody as a deserter or absentee without leave by any person conveying the person 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 the person for a period not exceeding 7 days.
Section 124
Provisions as to persons unlawfully at large
(1)
A 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 the person may be required to be detained in accordance with this Act or any regulations made under this Act.
(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 the person is liable to be detained pursuant to the sentence, no account is to be taken, in calculating the period for which the person is liable to be so detained, of any time elapsing after the person was at large and before the person is either taken into custody or received into a military prison, whether pursuant to the same sentence or to a sentence of any other court.
Section 125
Mode of executing sentence of caning
(1)
This section applies to a sentence of caning awarded in respect of an offence specified in section 118(16) or 119.
(2)
The caning awarded at any one trial must not exceed 24 strokes in the case of a person who is 16 years of age or older or 10 strokes in the case of a person below 16 years of age.
(3)
Caning must be inflicted on such part of the person as the Minister may direct.
(5)
In no case may caning be inflicted upon any person under this section until a medical certificate has been issued by a medical officer to the effect that the person is in a fit condition of health to undergo the punishment.
(6)
A person on whom caning is to be inflicted must wear such protective clothing as may be prescribed.
Section 126
Power of President to grant pardon and to mitigate punishment, etc.
The President, as occasion may 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 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.
Part 7
MILITARY COURT OF APPEAL
Section 127
Establishment, jurisdiction and powers of Military Court of Appeal
Amended [28/2009; 40/2019]Amended [28/2009]Amended [40/2019]
(1)
A Military Court of Appeal is established which is a superior court of record consisting of —
(a)
a president who is, or is a person qualified to be, a Supreme Court Judge appointed by the Chief Justice; and(b)4 other members 2 of whom are qualified persons of at least 5 years standing and 2 of whom are officers of or above the rank of captain or senior military experts.
Amended [28/2009; 40/2019]
(2)
The 2 members of the Military Court of Appeal who are qualified persons must be appointed by the Armed Forces Council from a panel of qualified persons and the 2 members who are officers or senior military experts must be selected by the Armed Forces Council from a panel of officers and senior military experts.
Amended [28/2009]
(3)
Despite subsections (1) and (2), where an appeal is made to the Military Court of Appeal in a case of murder or culpable homicide not amounting to murder or an offence under section 121 or 121A of the Penal Code 1871, the Court must consist of a president and 2 other members all of whom are Supreme Court Judges appointed by the Chief Justice.
Amended [40/2019]
(4)
There may be paid to the qualified persons appointed under subsection (2) such remuneration and allowances as the Armed Forces Council may determine.
(5)
The Military Court of Appeal has 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.
(6)
The Military Court of Appeal has for the purposes of the provisions of this Act full power to determine, in accordance with this Act, any question necessary to be determined to do justice in any case before the Court and may issue any warrants necessary for enforcing its orders or sentences.
(7)
The determination of any question before a Military Court of Appeal must be according to the opinion of the majority of the members of the Court hearing the case.
(8)
An appeal by a person convicted by a subordinate military court must 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 is no appeal except as to the extent or legality of the sentence.
(9)
An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.
(10)
The Director, Legal Services of the Singapore Armed Forces may appeal against an acquittal by a subordinate military court or a sentence of a subordinate military court which is manifestly inadequate.
Section 128
Oath and affirmation
(1)
Before the president of the Military Court of Appeal enters upon the execution of his or her office, he or she must take in the presence of the Chief Justice the oath or affirmation of allegiance in the prescribed form.
(2)
An oath or an affirmation in the prescribed form must be administered by the president of the Military Court of Appeal to every member of the Court before the appeal starts.
(3)
An oath or an affirmation in the prescribed form must be administered by the president of the Military Court of Appeal to every shorthand writer or interpreter (if any) in attendance at the appeal.
(4)
Every witness before the Military Court of Appeal must be examined on oath or on affirmation, which the president of the Court or other prescribed person must administer in the approved form.
Section 129
Notice and petition of appeal
(1)
An appeal is brought by way of a notice of appeal, signed by the appellant and lodged with the registrar of the Military Court of Appeal.
(2)
A notice of appeal must be lodged within 10 days after the date on which the decision appealed against was given except that the Military Court of Appeal may, on the application of any party desirous of appealing showing sufficient cause, extend the time for the lodging of an appeal upon such terms and subject to such directions as the Court thinks fit.
(3)
The other party to the proceedings before the subordinate military court from whose decision or sentence the appeal is lodged is the respondent to the appeal.
(4)
Every notice of appeal must contain an address to which any notices or documents connected with the appeal may be served upon the appellant or the appellant’s counsel.
(5)
When a notice of appeal has been lodged, the registrar of the Military Court of Appeal must cause a copy of the grounds of decision in the case signed by the president of the subordinate military court and a copy of the record of proceedings to be served on the appellant or the appellant’s counsel —
(a)
by leaving it at the address mentioned in the notice of appeal; or (b)by posting it by registered post addressed to the appellant at that address.
(6)
Within 10 days or such extension of time as the Military Court of Appeal may permit, after the copies of the grounds of decision and of the record of proceedings have been served as provided in subsection (5), the appellant or the appellant’s counsel must lodge with the registrar of the Military Court of Appeal a petition of appeal signed by the appellant or the appellant’s counsel and addressed to the Military Court of Appeal.
(7)
Every petition of appeal must state shortly the substance of the judgment appealed against and the grounds of appeal and must include particulars of the points of law or fact in regard to which the subordinate military court is alleged to have erred.
(8)
Except by leave of the Military Court of Appeal, the appellant is not to be permitted at the hearing of the appeal to rely on any grounds of appeal other than those set forth in the petition of appeal.
(9)
If a petition of appeal is not lodged within the time prescribed by this section, the appeal is deemed to have been withdrawn and the subordinate military court is to enforce its sentence or order where there has been a stay of execution.
(10)
Nothing in subsection (9) limits or restricts the power of extending the time for appeal and for the lodging of a petition of appeal conferred upon the Military Court of Appeal by subsections (2) and (6).
Section 130
Bail pending appeal
A subordinate military court may grant bail to any person who has lodged a notice of appeal against the person’s conviction or sentence in accordance with section 129.
Section 131
Delivery of notice of appeal
A copy of the notice of appeal must be delivered by the registrar to the president of the Military Court of Appeal and upon the issue of the convening order under section 132(1) to the other members of the Court and to the respondents.
Section 132
Convening order
(1)
Upon the lodging of a petition of appeal, the president of the Military Court of Appeal must issue a convening order.
(2)
A convening order must contain the following particulars:
(a)
the particulars of the members of the Military Court of Appeal;
(b)
the particulars of the appellant and the respondent;
(c)
the date on which the hearing starts;
(d)
the place of the hearing;
(e)
any other particulars as may be prescribed in any regulations made under this Act.
Section 133
Delivery of convening order
A copy of the convening order must be delivered by the registrar of the Military Court of Appeal to the members of the Court, to the appellant and to the respondent as soon as possible.
Section 134
Withdrawal of appeal
The appellant may at any time, with the permission of the president of the Military Court of Appeal, withdraw the appellant’s appeal.
Section 135
Joint or separate appeal
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 must be heard jointly or separately.
Section 136
Delivery of judgment and record to Military Court of Appeal
Where an appeal has been lodged, the judgment, the record of the proceedings and any other relevant material of the subordinate military court must be delivered by the registrar to the president of the Military Court of Appeal, to the members of the Court and to the military prosecutor.
Section 137
Proceedings in Military Court of Appeal
(1)
Where a party to an appeal having been summoned does not attend, the Military Court of Appeal may hear the appeal in his or her absence.
(2)
During the hearing of the appeal, the appellant must be heard first and the respondent heard after the appellant; the appellant is then entitled to reply.
(3)
Where appeals by several persons are heard jointly, the president of the Military Court of Appeal must determine the order in which they are to be heard.
(4)
The president of the Military Court of Appeal may permit any party to present additional arguments.
Section 138
Effect of death or sickness on Military Court of Appeal
(1)
If the Military Court of Appeal, after the appeal starts, is by reason of death or otherwise reduced below the legal minimum, the Court must be dissolved.
(2)
If before the appeal starts, the president of the Military Court of Appeal dies or is otherwise unable to attend, the Court must be dissolved.
(3)
If, on account of the illness of the accused before the appeal is dealt with, it is impossible to continue the appeal, the Military Court of Appeal must be dissolved.
(4)
Where the Military Court of Appeal is dissolved under subsection (1), (2) or (3), the appeal must be dealt with at a later date.
Section 139
Removal from office and bar to serve in Military Court of Appeal, etc.
Amended [28/2009]
(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 or her office.
(2)
The Armed Forces Council may bar any officer or senior military expert 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.
Amended [28/2009]
Section 140
Challenge by accused
(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 of the Court, whether that 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 consist of members to whom the accused makes no reasonable objection.
(2)
Upon an objection being made by an accused with regard to any member of the Military Court of Appeal, the objection must be submitted to the other members appointed to form the Court.
(3)
If the objection mentioned in subsection (2) is allowed by one half or more of the votes of the members entitled to vote, the objection is allowed and the member objected to must retire and his or her vacancy may be filled in the prescribed manner by another member subject to the same right to the accused person to object.
(4)
In order to enable the accused to avail himself or herself of the privilege of objecting to any member, the names of the members appointed to form the Military Court of Appeal must be read over in the hearing of the accused on their first assembly and before they are sworn and the accused must be asked whether he or she objects to any of those members and a like question must be repeated in respect of any member appointed to serve in lieu of a retiring member.
Section 141
Interpretation of this Part
In this Part, unless the context otherwise requires, “appellant” includes the Director, Legal Services of the Singapore Armed Forces.
Section 142
Power to quash conviction as wrong in law, etc.
(1)
The Military Court of Appeal is to allow an appeal against conviction by a subordinate military court if the Court thinks —
(a)
that the finding of the subordinate military court under all the circumstances of the case is unsafe or unsatisfactory;
(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 is to dismiss the appeal.
(2)
The Military Court of Appeal may, even though 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.
(3)
If the Military Court of Appeal allows an appeal against conviction, the Court is to quash the conviction.
(4)
In an appeal from an order of acquittal, the Military Court of Appeal may reverse the order and direct that further enquiry is to be made or that the accused is to, subject to section 149, be re‑tried or find the accused guilty and pass sentence on the accused according to law.
(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 the accused to be re‑tried under section 149;
(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.
Section 143
Adjustment of sentence in case of conviction on 2 or more charges
Where —
(a)
it appears to the Military Court of Appeal that an appellant, though not properly convicted on some charge preferred against the appellant before the subordinate military court by which he or she 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 or she was convicted on the other charge,the Court is to pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence so warranted that the Court thinks proper.
Section 144
Substitution of conviction on different charge
(1)
This section applies where an appellant has been convicted of an offence and the subordinate military court by which the appellant was tried could lawfully have found him or her 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 the appellant guilty of that other offence.
(2)
The Military Court of Appeal may in the circumstances described in subsection (1), 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 the appellant by the subordinate military court, a sentence that the Court thinks proper, being a sentence warranted by that other offence.
Section 145
Variation of conviction so as to attract different sentence
(1)
Where an appellant has been convicted of an offence committed under circumstances involving the higher of 2 degrees of punishment, and it appears to the Military Court of Appeal that the subordinate military court by which the appellant was tried ought to have found him or her 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.
(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 the appellant was tried ought to have found him or her 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.
(3)
Where the Military Court of Appeal exercises the power conferred by subsection (1) or (2), the Court may pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence that the Court thinks proper, being a sentence warranted for the offence specified or involved in the substituted finding.
Section 146
Substitution of finding of insanity or unfitness to plead
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 trial, the Court is to 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.
Section 147
Term of sentence passed under section 142, 143, 144 or 145
The term of any sentence passed by the Military Court of Appeal under section 142, 143, 144 or 145 starts to run, unless the Court otherwise directs, from the time from which it would have started to run if it had been passed in the proceedings from which the appeal was brought.
Section 148
Re‑trial generally excluded
Subject to the provisions of this Act, where the conviction of a person by a subordinate military court for an offence has been quashed under this Act, the person 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.
Section 149
Power to authorise re‑trial in certain cases
(1)
The Military Court of Appeal has power, on quashing a conviction or reversing an order of acquittal, to make an order authorising the appellant to be re‑tried by a subordinate military court.
(2)
The Military Court of Appeal may only exercise the power under subsection (1) 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 152 and it appears to the Court that the interests of justice require that an order under this section should be made.
(3)
An appellant must not be re‑tried under this section for an offence other than —
(a)
the offence of which the appellant was convicted by the original subordinate military court and in respect of which his or her appeal is allowed as mentioned in subsection (2);
(b)
any offence of which the appellant could have been convicted at the original subordinate military court on a charge of the firstmentioned offence; or(c)any offence charged in the alternative in respect of which the subordinate military court recorded no finding in consequence of convicting the appellant of the firstmentioned offence.
(4)
A person who is to be re‑tried under this section for an offence is, if the Military Court of Appeal so directs, to be re‑tried on a fresh charge or charges specified in the direction.
Section 150
Implementation of authority for re‑trial, and supplementary orders of Military Court of Appeal
(1)
The limitations imposed in this Act with respect to the time within which a trial may be started do not apply in the case of a re‑trial authorised by an order of the Military Court of Appeal under section 142(4) or 149.
(2)
The Military Court of Appeal may, where it authorises a re‑trial, make any orders that 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 pursuant to 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.
(3)
In subsection (2), the reference to “the relevant time” is a 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 or her re‑trial, is the end of 28 days starting with the date of the finding.
Section 151
Presentation of appellant’s case
An appellant that so desires may, instead of presenting his or her case orally, present it in writing in the prescribed form.
Section 152
Evidence
(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 the witness was called at the trial; and(c)receive the evidence, if tendered, of any witness.
(2)
Without limiting subsection (1), where evidence is tendered to the Military Court of Appeal under that subsection, the Court may, 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 the Court 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)the Court is satisfied that it was not adduced at the trial, but there is a reasonable explanation of the failure to adduce it.
(3)
Subsection (1)(c) applies to any witness (including the appellant) who is competent but not compellable, and applies 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.
(4)
The Military Court of Appeal may order the examination of any witness whose attendance may be required under subsection (1)(b) 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.
Section 153
Mode of taking additional evidence
(1)
Without affecting section 152 in dealing with any appeal, the Military Court of Appeal may, if it thinks additional evidence is necessary, either take the evidence itself or direct it to be taken by the trial court.
(2)
When any additional evidence is taken by the trial court, it is to certify that 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 is to thereupon proceed to dispose of the appeal.
(3)
The parties to the appeal must be present when any additional evidence is taken.
(4)
In dealing with any appeal, the Military Court of Appeal may also call for and receive from the trial court a report of any matter connected with the trial.
Section 154
Judgment
(1)
Once the hearing of an appeal ends, the Military Court of Appeal is to, either at once or on some future date which must either then be appointed for the purpose or of which notice must subsequently be given to the parties, deliver judgment in open Court.
(2)
The Military Court of Appeal is to ordinarily give only one judgment which may be pronounced by the president of the Court or by any other member of the Court that the president may direct but separate judgments are to be delivered if the president so directs.
(3)
The judgment of any member of the Military Court of Appeal who is absent may be read by any other member.
Section 155
Judgment to be certified to trial court
(1)
The Military Court of Appeal is to certify its judgment or order to the trial court.
(2)
The trial court is to thereupon make such orders as are conformable to the judgment or order of the Military Court of Appeal, and, if necessary, the record must be amended in accordance therewith.
(3)
Upon the withdrawal or discontinuance of any appeal, the registrar of the Military Court of Appeal is to notify the trial court accordingly and if any stay of execution has been granted, the sentence or order of the trial court must forthwith be enforced.
Section 156
Appeal not to operate as stay of execution
(1)
Except in the cases mentioned in subsection (4), no appeal operates as a stay of execution.
(2)
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.
(3)
If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed must be excluded in computing the term of the sentence unless the Military Court of Appeal otherwise orders.
(4)
In the case of a conviction involving sentence of death —
(a)
the sentence must not in any case be executed until after the end of the time within which notice of appeal may be given, or any extension of time which may be permitted, under section 129; and(b)if notice is so given the sentence must not be executed until after the determination of the appeal.
Section 157
Summary rejection of appeal
(1)
Where —
(a)
the grounds of appeal do not raise any question of law; and(b)it appears to the Military Court of Appeal that —
(i)
the evidence is sufficient to support the conviction; and(ii)there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Court 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 of the Court, 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.
(2)
Notice of a rejection under subsection (1) must be served upon the appellant.
(3)
If, in any case rejected under subsection (1), the appellant gives, within 7 days of service of notice of rejection upon him or her, notice to the registrar of the Military Court of Appeal of application for leave to amend his or her 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 the appellant leave to amend accordingly and must restore the appeal for hearing.
(4)
For the purposes of subsection (3), the question whether a sentence ought to be reduced is deemed not to be a question of law.
Section 158
Reference of point of law to Military Court of Appeal in case of acquittal by subordinate military court
(1)
When any person has been acquitted in a trial before a subordinate military court and the Director, Legal Services of the Singapore Armed Forces has, within one month from the date of the acquittal or such time as the Military Court of Appeal may permit, signed and filed with the registrar of the Court a certificate that the determination of the trial involved a question of law which it is desirable to have determined by the Military Court of Appeal, the Court is to review the case or such part of it as may be necessary and deliver a declaratory judgment thereon.
(2)
A declaratory judgment of the Military Court of Appeal under subsection (1) does not operate to reverse an order of acquittal, but that judgment is then binding upon all other subordinate military courts in the same manner as an ordinary judgment of the Military Court of Appeal.
(3)
Only the Director, Legal Services of the Singapore Armed Forces may exercise the powers conferred by this section.
Section 159
Costs of appeal
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 the Court thinks fit.
Section 160
No appeal from Military Court of Appeal
No appeal lies from any decision of the Military Court of Appeal.
Section 161
Regulations of procedure in Military Court of Appeal
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.
Part 8
ARRESTS, SEARCHES AND INVESTIGATIONS
Section 162
General authority
(1)
Every person subject to military law found committing or reasonably suspected of having committed an offence under this Act or any regulations made under this Act may be arrested in accordance with the provisions of this Act.
(2)
Any person making an arrest must actually touch or confine the body of the person being arrested unless there is a submission to the arrest by word or action.
(3)
Every person authorised to make an arrest under this Act may use such force as is reasonably necessary for that purpose.
(4)
Where a person (A) forcibly resists an attempt to arrest him or her or attempts to evade the arrest, the person (B) arresting A or any other person assisting B may use all means necessary to make the arrest.
Section 163
Search of place where person sought to be arrested has entered
(1)
If any person acting with a warrant of arrest issued under section 169 or acting without a warrant of arrest under sections 164, 165 and 166 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 the place must, on demand of the person so acting, allow that person free entry to the place and afford all reasonable facilities for search in the place of the person to be arrested.
(2)
Where free entry to any place cannot be obtained under subsection (1), it is 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 the 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 or her authority and purpose and demand of admittance duly made the person or military policeman so acting cannot otherwise obtain admittance.
Section 164
Powers of officers and senior military experts
Amended [28/2009]
An officer or a senior military expert may, without a warrant of arrest, subject to regulations made under this Act, arrest —
(a)
any serviceman of lower rank; and(b)any officer or senior military expert who is engaged in a quarrel, affray or disorder.
Section 165
Powers of servicemen
Amended [28/2009]
A serviceman, other than an officer or a senior military expert, may without a warrant of arrest, subject to regulations made under this Act, arrest any serviceman, other than an officer or a senior military expert, of lower rank.
Section 166
Powers of military policemen
(1)
A military policeman may, without a warrant of arrest, subject to regulations made under this Act, arrest any person subject to military law.
(2)
Without prejudice to his powers of arrest under subsection (1), a military policeman may, without a warrant of arrest, subject to regulations made under this Act, arrest any person subject to military law who does not give sufficient information to identify himself or herself.
(3)
A military policeman has —
(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.
Section 167
Power of arrest of suspected deserters
Amended [16/2001]
(1)
A police officer may arrest any person whom he or she has reasonable cause to suspect is a deserter, is absent without leave or has failed to comply with an order under section 109(2).
Amended [16/2001]
(2)
Where no police officer is present, any person may arrest a person whom he or she has reasonable grounds to suspect is a deserter or is absent without leave.
(3)
Where a person is arrested under subsection (1) or (2), the arrested person must be brought as soon as possible before a civil court.
Section 168
Proceedings before a civil court where persons suspected of illegal absence
Amended [16/2001]Amended [16/2001]Amended [16/2001]
(1)
Where a person who is brought before a civil court is alleged to be a serviceman who has deserted, is absent without leave or has failed to comply with an order under section 109(2), subsections (2), (3) and (4) have effect.
Amended [16/2001]
(2)
If the person admits that he or she is illegally absent from the Singapore Armed Forces or has failed to comply with an order under section 109(2) and the civil court is satisfied of the truth of the admission, then even though he or she is in custody for some other cause, the court may forthwith cause the person to be delivered into military custody in such manner as the court may think fit.
Amended [16/2001]
(3)
If the accused does not admit that he or she is illegally absent, or has failed to comply with an order under section 109(2), as mentioned in subsection (2), or the civil court is not satisfied of the truth of the admission, the court is to consider the evidence and any statement of the accused, and if —
(a)
satisfied that the accused is subject to military law; and(b)of the opinion that there is sufficient evidence to justify the accused being tried under this Act for an offence of desertion, absence without leave or failure to comply with a lawful order under section 109(2),then, unless the accused is in custody for some other cause, the court is to cause him or her to be delivered into military custody, but otherwise is to discharge him or her.
Amended [16/2001]
(4)
If the accused is in custody for some other cause, the civil court has power, but is not required, to act in accordance with subsection (3).
Section 169
Issue of warrant of arrest
(1)
Subject to this section, a senior disciplinary officer or a superior commander may by a warrant under the hand of the senior disciplinary officer or superior commander authorise the arrest of any person subject to military law.
(2)
A senior disciplinary officer or a superior commander, unless he or she is otherwise authorised by the Armed Forces Council, may issue warrants of arrest only in respect of persons serving in his or her command, formation or unit, as the case may be.
(3)
In the case of a person subject to military law not being a serviceman, a warrant of arrest may be issued only by a senior disciplinary officer or a superior commander authorised in that behalf by the Armed Forces Council.
(4)
Every warrant of arrest remains in force until it is cancelled by a disciplinary officer or a superior commander or executed.
Section 170
Warrants to whom directed
(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.
(2)
When a warrant is directed to more than one person, it may be executed by all or any one or more of them.
Section 171
Provision for avoiding delay after arrest
(1)
The allegations against any person subject to military law who is under arrest must be duly investigated without unnecessary delay and as soon as may be either proceedings are to be taken for punishing the person’s offence or he or she must be released from arrest.
(2)
Whenever any person subject to military law has been arrested and remains under arrest for a period longer than 8 days before being brought before a subordinate military court or a disciplinary officer for trial, a special report on the necessity for further delay must be made to the person and in such manner as may be prescribed.
(3)
A similar report as mentioned in subsection (2) must be made to the like person in the like manner every 8 days until he or she is brought before a subordinate military court for trial or has been dealt with summarily by a disciplinary officer or he or she is released from arrest.
Section 172
Search of persons arrested
(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 the person 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 or her discharge or acquittal.
(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.
Section 173
Power of search by persons of a superior rank
Any person superior in rank to a serviceman may, without warrant, search a serviceman, or a place, if the person has authority over the serviceman or the place.
Section 174
Search warrant
A president of a subordinate military court, a senior disciplinary officer and a superior commander may, in accordance with regulations made under this Act, issue search warrants.
Section 175
Searching of women
Whenever it is necessary to cause a woman to be searched, the search must be made by another woman with strict regard to decency.
Section 176
Forms of warrants
Warrants of arrest and search warrants must be in such form as may be prescribed by regulations made under this Act.
Section 177
Investigating officers
Amended [28/2009]
The following persons may, subject to section 178, serve as investigating officers:
(a)
any officer, warrant officer or military expert of or above the rank of ME3 appointed in writing by a senior disciplinary officer or a superior commander to investigate a military offence;
(b)
any military policeman.
Section 178
Restriction on powers of investigating officers
Amended [28/2009]Amended [28/2009]
(1)
An officer or a senior military expert appointed as an investigating officer under section 177(a) may only conduct an investigation where there is reason to believe that a military offence specified in the Schedule has been committed.
Amended [28/2009]
(2)
A warrant officer, or a military expert of the rank of ME3, appointed as an investigating officer under section 177(a) may only conduct an investigation where there is reason to believe that a military offence specified in the Schedule has been committed by a soldier who is below the rank of warrant officer or ME3.
Amended [28/2009]
(3)
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.
(4)
An investigation may be conducted where the person who has committed the offence is not known.
Section 179
General powers of investigating officers
Amended [17/2004; 28/2009]
(1)
An investigating officer may —
(a)
issue a written order requiring the attendance before the investigating officer of any person who appears to be acquainted with the circumstances of the matter;
(b)
if the investigating officer considers that the production of any document or other material is necessary or desirable for the purpose of an investigation, issue a written order to the person in whose possession, custody or control such document or material is believed to be, requiring the person 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 fingerprints and photographs of a person accused of an offence and may use them in any manner the investigating officer thinks 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 must reduce into writing any statement made by the person so examined.
(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 or she is an officer, a warrant officer or a military expert of or above the rank of ME3 appointed under section 177(a), must forward the investigation material obtained pursuant to the exercise of his or her powers under subsection (1) to the senior disciplinary officer or superior commander who appointed him or her to investigate the offence, who must thereupon cause the matter to be dealt with in accordance with the provisions of Part 4;
(b)
if he or she is a military policeman, must forward the investigation material obtained pursuant to the exercise of his or her powers under subsection (1) to the Director, Legal Services of the Singapore Armed Forces who must, if that person 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 charge to a disciplinary officer for summary trial under Part 4 or to a subordinate military court for trial.
Amended [17/2004; 28/2009]
(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, must submit the investigation material to a senior disciplinary officer or superior commander who will, if he or she is satisfied that the material discloses evidence to connect the 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 the person.
Section 180
Witnesses
(1)
Any witness before an investigating officer is bound to state truly the facts and circumstances with which he or she is acquainted concerning the matter under investigation and must answer every question put to him or her in the course of the investigation provided that he or she may decline to make a statement which may incriminate him or her.
(2)
A statement made by any person under this section must be read over to the person by the investigating officer and must, after giving the person the opportunity to make any corrections, be signed by the person.
(3)
Where the person who has made a statement refuses to sign the statement, the investigating officer must record the fact of the refusal.
Section 181
Admissibility of statements
(1)
Subject to this section, no statement made by any person to an investigating officer in the course of an investigation may be used as evidence at his trial.
(2)
When any witness, other than the accused, is called for the prosecution or for the defence, the subordinate military court is, on the request of the accused or the prosecutor, to refer to any statement made by the witness to an investigating officer, and the statement may be used in the manner provided by the Evidence Act 1893.
(3)
When a person is charged with an offence in relation to the making or contents of any statement made by the person to an investigating officer in the course of an investigation, the statement may be used in or as evidence.
(4)
Where a person is charged with an offence, any statement, whether the 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 the person to or in the hearing of an investigating officer is admissible in evidence at his or her trial and, if the person tenders himself or herself as a witness, the statement may be used in cross‑examination and for the purpose of impeaching his or her credit.
(5)
A subordinate military court is to refuse to admit such statement or allow it to be used as mentioned under subsection (4) 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 the person, proceeding from a person in authority and sufficient in the opinion of the court, to give the person grounds which would appear to him or her reasonable for supposing that by making it he or she would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him or her.
(6)
Where a person subject to military law is officially informed that he or she may be prosecuted for an offence in a subordinate military court, he or she must be served with a written notice, which must be explained to the person, to the following effect:“You have been informed that you may be prosecuted for an offence. Do you wish to say anything in answer to the allegation that you have committed the offence? If there is any fact on which you intend to rely in your defence, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.
(7)
Where a person subject to military law is served with a notice under subsection (6), he or she must forthwith be officially informed, orally or in writing, of the date, place and nature of the offence which he or she is alleged to have committed.
(8)
No statement made by an accused in answer to a written notice served on the accused pursuant to subsection (6) is to be construed as a statement caused by any inducement, threat or promise as is described in subsection (5), if it is otherwise voluntary.
(9)
In subsections (6) and (7), “officially informed” means informed by an investigating officer mentioned in section 177, and empowered by section 178, to investigate the offence mentioned in subsection (6).
Section 182
Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when informed that accused may be prosecuted for an offence
(1)
Where, in any proceedings in a subordinate military court against a person subject to military law for an offence, evidence is given that the accused on being officially informed that he or she may be prosecuted for the offence, failed to mention any fact, which in the circumstances existing at the time he or she could reasonably have been expected to mention when so informed, the subordinate military court, in determining whether there is a case to answer, and in determining whether the accused is guilty of the offence charged, may draw any inferences from the failure that appear proper.
(2)
The failure mentioned in subsection (1) may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.
(3)
In subsection (1), “officially informed” means informed by an investigating officer mentioned in section 177 and empowered by section 178 to investigate into the offence mentioned in subsection (1).
(4)
In any proceedings in a subordinate military court, nothing in this section —
(a)
prejudices the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, insofar as evidence thereof would be admissible apart from this section; or(b)is to be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from this section.
Part 9
BAIL AND BONDS
Section 182A
Interpretation of this Part
Amended [28/2009]
In this Part —“Bail Officer” means any officer or senior military expert appointed by the Armed Forces Council, by order in the Gazette, to exercise the power to release a person subject to military law on bail or bond;“military court” means a general court martial or the Military Court of Appeal.
Definition
“Bail Officer” means any officer or senior military expert appointed by the Armed Forces Council, by order in the Gazette, to exercise the power to release a person subject to military law on bail or bond;
Definition
“military court” means a general court martial or the Military Court of Appeal.
Amended [28/2009]
Section 182B
When person subject to military law may be released on bail
(1)
Where any person subject to military law who is accused of an offence is arrested or detained in accordance with this Act or any regulations made under this Act or is brought before a military court, he or she may be released on bail or his or her own bond by a Bail Officer or the military court.
(2)
A person must not be released on bail or his or her own bond under subsection (1) if there appear to be reasonable grounds for believing that he or she has been guilty of an offence punishable with death or imprisonment for life.
(3)
The Bail Officer or military court releasing any person under subsection (1) must record in writing the reasons for so doing.
(4)
A Bail Officer or a military court may at any time cause a person who has been released under this section to be arrested and may commit the person to custody.
Section 182C
Amount of bail or bond
The amount of bail or bond must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or detained.
Section 182D
Person released on bail to give address for service
(1)
Where any person is released on bail or his or her own bond, the person must give to the Bail Officer or the military court releasing him or her an address at which service upon him or her of all notices and process may be made.
(2)
In any case where the person released cannot be found or for any other reason service on him or her of any notice or process cannot be effected, any notice or process left for the person at the address given by him or her under subsection (1) is deemed to have been duly served on him or her.
Section 182E
Bond to be executed
(1)
Before any person is released on bail or his or her own bond under this Part, a bond for any sum of money that the Bail Officer or military court (as the case may be) thinks sufficient must be executed by the person and, when he or she is released on bail, by one or more sufficient sureties conditioned that the person must attend at the time and place mentioned in the bond, and must continue so to attend until otherwise directed by a Bail Officer or a military court, as the case may be.
(2)
It is a further condition of the bond that as long as it remains in force, the person so released must not, without the permission of a Bail Officer or a military court (as the case may be), leave Singapore.
(3)
Such permission, if granted, must be evidenced by an endorsement on the bond specifying the period of time and the place to which the permission extends.
(4)
Such permission must not be granted except on the personal application of the person so released in the presence of his or her surety or sureties, if any.
Section 182F
Person to be released
(1)
As soon as the bond has been executed, the person for whose appearance it has been executed must be released.
(2)
Nothing in this section is deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
Section 182G
Re-arrest in case of insufficient sureties
If through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a Bail Officer or a military court (as the case may be) may direct that the person released must be brought before the Bail Officer or military court and may order the person to find sufficient sureties and, on his or her failing to do so, may commit him or her to custody.
Section 182H
Cash deposit instead of sureties
Where any person is required by a Bail Officer or a military court to execute a bond with one or more sureties, the Bail Officer or military court may permit the person to enter into his or her own bond and, in addition thereto, to deposit a sum of money of an amount that the Bail Officer or the military court thinks fit instead of providing a surety or sureties.
Section 182I
Sureties may apply to have bond discharged
(1)
Where any person is required to execute a bond with sureties, any person who has entered into such a bond as surety may apply to a military court or, where no military court has assembled, to the relevant convening authority, to discharge the bond either wholly or so far as it relates to the applicant.
(2)
On an application being made under subsection (1), the military court or the convening authority (as the case may be) may direct that the person on whose behalf the bond was entered into must be arrested and brought before the court or the authority.
(3)
Upon the appearance of such person, the military court or the convening authority may direct that the bond be discharged either wholly or so far as it relates to the applicant and is to call on that person to find other sufficient sureties and, if he or she fails to do so, is to commit him or her to custody.
Section 182J
Arrest on breach of bond for appearance
Where any person who is bound by any bond taken under this Part to appear before a military court or to attend at any other place at the time specified in the bond does not so appear or attend, the Bail Officer or military court (as the case may be) may direct that that person must be arrested and produced before the Bail Officer or military court.
Section 182K
Procedure on forfeiture of bond
(1)
Where it is proved to the satisfaction of a military court that any bond taken under this Part has been forfeited, the court —
(a)
is to record the grounds of such proof;
(b)
may summon before it any person bound by the bond; and(c)may call on the person to pay the penalty thereof or to show cause why it should not be paid.
(2)
If sufficient cause is not shown and the penalty is not paid, or the person bound by the bond fails to appear, the penalty is deemed to be a debt due to the Government.
Part 10
BOARDS OF INQUIRY
Section 183
Board of inquiry
(1)
Where it is expedient that the Armed Forces Council and such other person or bodies as it may appoint or prescribe for that purpose (called in this Part 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.
(2)
A board of inquiry must inquire and report on the facts relating to any matter referred to it and, if directed by the convening body to do so, express its opinion on any question arising out of any such matter.
Section 184
Composition
(1)
A board of inquiry must consist of one or more persons who are members of the Singapore Armed Forces.
(2)
Where a board of inquiry consists of more than one person, the convening body must appoint one of the members to be the Chairperson.
(3)
Where a board of inquiry consists of one member only, that member is vested with the powers of the Chairperson.
Section 185
Powers
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.
Section 186
Application of section 113 to board of inquiry
Section 113 applies, with the necessary modifications, to a board of inquiry convened under this Part.
Section 187
Evidence and procedure
Subject to this Act or any regulations made under this Act, a board of inquiry is not bound by the rules of evidence and may act in any manner that it thinks most expedient.
Section 188
Admissibility of evidence
No statement made in the course of any inquiry and no report of a board of inquiry is admissible as evidence in proceedings before a subordinate military court or a disciplinary officer other than proceedings for an offence under section 49.
Section 189
Sittings not open to public
A board of inquiry must not sit in public and no person is allowed to attend an inquiry or address the board of inquiry except with the permission of the Chairperson or if the convening body so directs.
Section 190
Person who may be affected by findings
(1)
Where it appears to a board of inquiry that any person subject to military law may be adversely affected by its findings, the board must notify the person thereof and give him or her an opportunity to be present at the sittings of the board of inquiry or at such part thereof as the Chairperson of the board may specify.
(2)
Any person referred to in subsection (1) is allowed to give evidence and examine witnesses.
Section 191
Record of proceedings
(1)
The Chairperson must record or cause to be recorded in writing the proceedings of the board of inquiry.
(2)
The evidence of each witness before the board of inquiry must be read over to the witness and must be signed by the witness.
(3)
A record of the proceedings must be signed by the Chairperson and members (if any) and forwarded to the convening body.
Part 11
PAY
Section 192
Authorised deductions only to be made from pay
The pay of a serviceman must 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.
Section 193
Deductions from ordinary pay of servicemen
(1)
The following deductions may, or if regulations made under this Act so provide must, 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 sections 12(d) and 14;
(ii)
for every day of imprisonment, corrective training, preventive detention, reformative training or detention of any other description, to which the serviceman 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, special detention in a disciplinary barrack, detention or field punishment awarded by a subordinate military court or detention awarded by a disciplinary officer and for every day while the serviceman is under close arrest or civil custody on a charge for an offence of which the serviceman is afterwards convicted by a subordinate military court or a civil court, or by a disciplinary officer or the Senior Disciplinary Committee;
(b)
all ordinary pay for every day on which the serviceman is in hospital on account of sickness certified by the proper medical officer attending on the serviceman at the hospital to have been caused by an offence under this Act committed by the serviceman;
(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 the serviceman is convicted of such offence or by a disciplinary officer or Senior Disciplinary Committee dealing summarily with a charge under this Act;
(d)
the sum required to make good such compensation for any expenses caused by the serviceman, or for any loss of or damage or destruction done by the serviceman 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 or Senior Disciplinary Committee dealing summarily with a charge under this Act or, in case the serviceman is required to be tried by a subordinate military court, by that court;
(e)
the share the serviceman 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, “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 in the premises or appertaining to the premises, and “unit” includes any part of a unit;
(f)
the sum required to pay a fine awarded by a disciplinary officer, a Senior Disciplinary Committee, a subordinate military court or the Military Court of Appeal, or any fine, penalty, damages, compensation, or costs which a civil court before which the serviceman has been charged with an offence has ordered the serviceman to pay;
(g)
the sum required to pay for the maintenance of the serviceman’s wife or child, or of any illegitimate child, or towards the cost of any relief given by way of loan to the serviceman’s wife or child; and(h)the sum required to pay the penalty payable upon forfeiture of any bond taken under Part 9.
(2)
Despite subsection (1) —
(a)
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 under subsection (1) must not exceed a sum that will leave to the serviceman less than 50 cents a day;
(b)
a person must not be subjected in respect of any compensation, fine or sum awarded or ordered to be paid under subsection (1) to any deductions greater than is sufficient to make good the expenses, loss, damage or destruction for which that compensation is awarded, or to pay the said sum; and(c)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 applies only to so much of the serviceman’s ordinary pay as remains after those other deductions have been made.
(3)
Without affecting 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 under Part 9, it appears that a loss of or damage to public or the 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 the serviceman is a member of the Singapore Armed Forces when the order is made) to pay as or towards compensation for the loss or damage a sum that may be specified in the order and any such sum which is not otherwise paid by the serviceman may be deducted from the serviceman’s pay.
(4)
An order must not be made under subsection (3) if the serviceman in proceedings under this Act —
(a)
has been acquitted in circumstances involving a finding that the serviceman 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.
Section 194
How deduction of pay may be remitted
Any deduction of pay authorised by this Act may be remitted in such manner and by such authority as may 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.
Section 195
Supplemental provisions as to deductions from ordinary pay
(1)
Any sum authorised by this Act to be deducted from the ordinary pay of a serviceman may, without affecting any other mode of recovering the sum, be deducted from the ordinary pay or from any sums due to the serviceman, in such manner, and when deducted or recovered may be appropriated in such manner, as may be directed by any regulations made under this Act or order of the Armed Forces Council.
(2)
Subject to the following provisions, any regulations made under this Act or order may declare what is, for the purposes of the provisions of this Act relating to deductions from pay, deemed to constitute a day of absence or a day of imprisonment, special detention or detention:
(a)
no person may be treated as absent, imprisoned, specially detained or detained, for those purposes, unless the absence, imprisonment, special detention or detention has lasted for at least 6 hours, except where the absence prevented the absentee from fulfilling any military duty;
(b)
a period of absence, imprisonment, special detention or detention which starts before and ends after midnight may be reckoned as a day;
(c)
the number of days must be reckoned as from the time when the absence, imprisonment, special detention or detention starts; and(d)no period of less than 24 hours may be reckoned as more than one day.
(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.
Section 196
Prohibition of assignment of military pay, pensions, etc.
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 the serviceman, the serviceman’s wife, widow, child or other dependant, or to any person in respect of any military service, is void, except so far as the same is made pursuant to any 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.
Section 197
Write‑off of public property
Amended [28/2009]
(1)
Without affecting section 19 of the Financial Procedure Act 1966 —
(a)
where during or at the end of a trial by a disciplinary officer, Senior Disciplinary Committee or subordinate military court, the disciplinary officer, Senior Disciplinary Committee or subordinate military court —
(i)
makes an order under section 69(2), 70(2), 70A(2), 70B(2), 72(7) or 118(1)(j) (as the case may be) for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property which was caused by the offence for which the trial is being held;
(ii)
makes an order under section 73 or 118(14) (as the case may be) for the payment of such compensation; or(iii)does not make any order for such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or for the payment of such compensation;
(b)
where there is any loss or deficiency of property which was caused by the commission of an offence disclosed in a charge which has been dealt with by a Senior Disciplinary Committee under section 72;
(c)
where upon the determination of an appeal, the Military Court of Appeal —
(i)
makes an order under section 142 for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property caused by the offence in respect of which the appeal is being determined or for the payment of such compensation;
(ii)
substitutes under section 143, 144 or 145 one or more punishments imposed by the subordinate military court with an order for such deduction to be made as or towards compensation for part of such loss or deficiency of property or for the payment of such compensation;
(iii)
dismisses under section 142 the appeal against, or maintains under that section, one or more punishments imposed by the subordinate military court which ordered such deduction to be made as or towards compensation for part of such loss or deficiency of property or the payment of such compensation;
(iv)
dismisses under section 142 the appeal against an order of acquittal by the subordinate military court of the offence which caused such loss or deficiency of property or against one or more punishments imposed by the subordinate military court which did not order for such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or for the payment of such compensation; or(v)quashes under section 142 one or more punishments imposed by the subordinate military court which ordered such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or the payment of such compensation;
(d)
where under section 75(1) or 116(6), the Armed Forces Council —
(i)
substitutes one or more punishments imposed by a disciplinary officer or subordinate military court (as the case may be) with an order for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property caused by the offence for which the punishments were imposed or for the payment of such compensation; or(ii)quashes one or more punishments imposed by the disciplinary officer who, or the subordinate military court which, ordered such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or the payment of such compensation; or(e)where after enquiry by the Armed Forces Council or by a board of inquiry convened under Part 10 into any loss or deficiency of property, the Armed Forces Council orders a serviceman to pay a sum as or towards compensation for part of such loss or deficiency of property or does not make any order under section 193(3),the Armed Forces Council may write off the loss or deficiency or such part thereof or the value of the loss or deficiency or part thereof as remains irrecoverable or unrecovered.
(2)
The Armed Forces Council may, subject to any conditions or restrictions that it thinks fit, delegate to a person the exercise of the power vested in it by subsection (1).
(3)
The Armed Forces Council may exercise the power conferred upon it by subsection (1) even though it has delegated its powers under subsection (2).
Definition
“property” means public money or other public property in the possession or under the charge of the Singapore Armed Forces.
(5)
Where the Armed Forces Council has, under section 8C(1), appointed a committee to exercise the powers conferred upon it —
(a)
by section 75(1) in relation to a serviceman who is serving in Singapore — a reference to an order made or quashed by the Armed Forces Council in subsection (1)(d) in respect of that serviceman is to be construed as a reference to an order made or quashed by the committee; or(b)by section 193(3) in relation to a serviceman — a reference to an order made by the Armed Forces Council in subsection (1)(e) in respect of that serviceman is to be construed as a reference to an order made by the committee.
(6)
Where the Armed Forces Council has —
(a)
under section 75(3), appointed an officer or a senior military expert to exercise the powers conferred upon it by section 75(1) in relation to a serviceman serving outside Singapore; or(b)in relation to a serviceman, delegated its powers as a reviewing authority to a committee under section 116(2),a reference to an order made or quashed by the Armed Forces Council in subsection (1)(d) in respect of that serviceman is to be construed as a reference to an order made or quashed by the officer, senior military expert or committee, as the case may be.
Amended [28/2009]
Part 12
EMERGENCY POWERS
Section 198
Application of emergency powers
Whenever the President is of the opinion that it is necessary to do so for securing the public safety or the defence of Singapore, the President may order sections 199 and 200 to come into operation and may vary or revoke the order.
Section 199
Emergency powers
Where the public safety or the defence of Singapore so require, it is 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.
Section 200
Compensation and remuneration
(1)
Any person who suffers damage because of any act under section 199(a) is entitled to due compensation.
(2)
Any person who does work or renders a service under section 199(b) is entitled to remuneration in accordance with the order of the Armed Forces Council.
Section 201
Obstruction of exercise of emergency powers
Any person who interferes with or obstructs an act under section 199(a) or does not comply with an order under section 199(b) shall be guilty of an offence and shall be liable on conviction by a subordinate military court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both.
Part 12A
AID TO CIVILIAN AUTHORITIES
Section 201A
Interpretation of this Part
Amended [25/2007]
In this Part ––“Committee” means the Committee appointed under section 201C(2);“infrastructure” includes physical facilities, supply chains, information technologies and communication networks or systems.
Definition
“infrastructure” includes physical facilities, supply chains, information technologies and communication networks or systems.
Amended [25/2007]
Section 201B
Deployment of Singapore Armed Forces for air and sea operations in aid of civilian authorities
Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]
(1)
The Minister may authorise the Singapore Armed Forces to be deployed in any manner that is reasonable and necessary for all or any of the following air or sea operations:
(a)
to combat piracy or piratical acts;
(b)
to detect and prevent any aerial or maritime threat to the defence or security of Singapore;
(c)
to detect and prevent the unlawful carriage by air or sea of any weapon, explosive or other dangerous device or substance;
(d)
to rescue any hijacked aircraft, vessel or other fixed or floating facility;
(e)
to carry out such other air or sea operation as the Minister, after consulting the Committee, may, by notification in the Gazette, prescribe.
Amended [25/2007]
(2)
The Minister must have regard to Singapore’s international obligations when giving any authorisation under subsection (1).
Amended [25/2007]
(3)
Subject to sections 201E and 201F, any serviceman deployed for duty under subsection (1) may, for the purposes of the operation for which the serviceman is deployed, do one or more of the following in relation to any aircraft:
(a)
intercept the aircraft and require it ––
(i)
to leave, or not to enter, Singapore airspace or such part of Singapore airspace as may be specified by the serviceman; or(ii)to land at an aerodrome or such other place in Singapore as may be specified by the serviceman;
(b)
capture or recapture the aircraft;
(c)
board the aircraft;
(d)
where the serviceman is on board the aircraft —
(i)
prevent, or put an end to, acts of violence;
(ii)
protect persons from acts of violence;
(iii)
free any hostage from the aircraft;
(iv)
evacuate persons to a place of safety;
(v)
detain any person whom the serviceman believes on reasonable grounds to have committed an offence or to have a design to commit an offence, to be handed over to a police officer as soon as practicable;
(vi)
search the aircraft, and any person or anything on it, including its cargo;
(vii)
seize any dangerous thing or other thing related to the operation concerned or evidence of any offence found in such a search;
(e)
detain the aircraft and bring it, or cause it to be brought, to any other place in Singapore;
(f)
take measures (including the use of force) reasonable and necessary in the circumstances to exercise any of the powers in paragraphs (a) to (e).
Amended [25/2007]
(4)
Subject to sections 201E and 201F, any serviceman deployed for duty under subsection (1) may, for the purposes of the operation for which the serviceman is deployed, do one or more of the following in relation to any vessel or fixed or floating facility:
(a)
intercept the vessel and require it to leave, or not to enter, Singapore territorial waters or such part of Singapore territorial waters as may be specified by the serviceman;
(b)
pursue, stop and board the vessel;
(c)
where necessary and after firing a warning signal, fire at or into the vessel to disable it or compel it to be brought to for boarding;
(d)
capture or recapture the vessel or facility;
(e)
where the serviceman is on the vessel or facility —
(i)
prevent, or put an end to, acts of violence;
(ii)
protect persons from acts of violence;
(iii)
free any hostage from the vessel or facility;
(iv)
evacuate persons to a place of safety;
(v)
require any person to give information concerning himself or herself, the vessel or facility or anything thereon;
(vi)
detain any person whom the serviceman believes on reasonable grounds to have committed an offence or to have a design to commit an offence, to be handed over to a police officer as soon as practicable;
(vii)
search the vessel or facility, and any person or anything on it, including its cargo;
(viii)
seize any dangerous thing or other thing related to the operation concerned or evidence of any offence found in such a search;
(f)
detain the vessel and bring it, or direct the person in charge of the vessel to bring it —
(i)
to a port or to any other place in Singapore; or(ii)out of Singapore;
(g)
take measures (including the use of force) reasonable and necessary in the circumstances to exercise any of the powers in paragraphs (a) to (f).
Amended [25/2007]
(5)
The powers under subsections (3) and (4) extend to aircraft and vessels outside Singapore in accordance with Singapore’s international obligations.
Amended [25/2007]
Section 201C
Deployment of Singapore Armed Forces for land operations in aid of civilian authorities
Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007; 28/2009; 15/2010; 19/2018; 26/2018]Amended [25/2007]Amended [26/2018]
(1)
Where the Minister, after consulting the Committee, is of the opinion that a relevant event has occurred, could occur or would be likely to occur, the Minister may order the Singapore Armed Forces to be deployed for the relevant event for such period as may be specified in the order.
Amended [25/2007]
(2)
For the purposes of this Part, the Prime Minister must appoint a Committee consisting of such persons as the Prime Minister may appoint.
Amended [25/2007]
(3)
Any order made under subsection (1) must be published in the Gazette as soon as practicable after it is made unless, for reasons of urgency or national security, it would be impracticable or undesirable to do so.
Amended [25/2007]
(4)
Any order made under subsection (1) must specify —
(a)
the circumstances to which the order relates;
(b)
the location or infrastructure to which, or the person to whom, the order relates;
(c)
the interest to be protected or threat to be averted, as the case may be;
(d)
the powers under subsection (9) which apply in relation to the order; and(e)the period for which the order is in force.
Amended [25/2007]
(5)
An order made under subsection (1) is not invalid by reason that it does not specify one or more of the particulars in subsection (4), if the Minister is satisfied that it is impracticable or undesirable that the particulars be so specified.
Amended [25/2007]
(6)
The Minister, after consulting the Committee, may at any time revoke or vary any order made under subsection (1).
Amended [25/2007]
(7)
The Minister may make any order under subsection (1) without consulting the Committee if he or she is satisfied that ––
(a)
because of a sudden and extraordinary emergency, it is not practicable to do so; and(b)any of the circumstances specified in that subsection exists.
Amended [25/2007]
(8)
An order made under subsection (1) by virtue of subsection (7) stops being valid after the end of 72 hours from the time it was made, unless confirmed by the Committee.
Amended [25/2007]
(9)
Subject to sections 201E and 201F, any serviceman deployed for duty in accordance with any order made under subsection (1) which is in force may, for the purposes of the relevant event for which the serviceman is deployed, do one or more of the following:
(a)
exercise any of the powers conferred on a police officer by sections 63 to 68 and 75 to 85 of the Criminal Procedure Code 2010 in like manner as if references in those provisions to ––
(i)
a police officer were references to a serviceman;
(ii)
the rank of sergeant were references to the rank of third sergeant or ME1 (depending on whether the holder of that rank is a military expert); and(iii)the rank of inspector were references to the rank of second lieutenant or ME4 (depending on whether the holder of that rank is an officer or a senior military expert);
(b)
regulate, restrict, control or prohibit the use of any public road or public place, where and to the extent that similar powers are not exercisable under paragraph (f) by a serviceman;
(c)
erect or place barriers in or across any public road or street or in any public place and take all reasonable steps to prevent any vehicle being driven or ridden past any such barrier, where and to the extent that similar powers are not exercisable under paragraph (f) by a serviceman;
(d)
arrest, without warrant, any driver or rider of any vehicle who fails to comply with the signal of a police officer or serviceman requiring such person to stop the vehicle before reaching the barrier erected or placed under paragraph (c), where and to the extent that similar powers are not exercisable under paragraph (f) by a serviceman;
(e)
where and to the extent that similar powers are not exercisable under paragraph (f) by a serviceman, stop and search any person or vehicle, or enter and search any premises, if the serviceman has reasonable grounds for believing that any evidence of the commission or of the preparation for the commission of an offence under the Arms and Explosives Act (Cap. 13), the Arms Offences Act 1973 or the Corrosive and Explosive Substances and Offensive Weapons Act 1958 is likely to be found on the person or premises or in the vehicle, and may ––
(i)
disarm that person;
(ii)
seize the evidence so found, any weapon, explosive or other dangerous device or substance and any article or material or accumulation thereof capable of being used for causing hurt if the serviceman has reasonable grounds for believing that it is intended or likely to be used for the purpose of causing hurt; and(iii)seize any vehicle in which that evidence, weapon, explosive, dangerous device or substance, article or material is found;
(f)
exercise any of the powers conferred on a police officer under any provision in Part 4 (except sections 17 and 24), or section 31 or 48, of the Public Order and Safety (Special Powers) Act 2018 as if references in that provision to a police officer were references to a serviceman, but only —
(i)
when an activation order is made and in effect under that Act in respect of a relevant event;
(ii)
to the extent requested by the Commissioner of Police;
(iii)
after a police officer gives an order or a direction under section 19(1) or 21(1) of that Act, if the power under that provision is so requested; and(iv)within a target area within the meaning given by that Act unless it is a power in section 28 or 31 of that Act.
Amended [25/2007; 28/2009; 15/2010; 19/2018; 26/2018]
(10)
In this section, “relevant event” means —
(a)
a terrorist attack in Singapore;
(b)
injury or threat to the life of any person that the Minister proposes to specify in the order under subsection (1);
(c)
damage or disruption to the operation of any infrastructure that the Minister proposes to specify in the order under subsection (1);
(d)
the taking of any hostage;
(e)
the unlawful carriage by land in or through Singapore of any weapon, explosive or other dangerous device or substance; or(f)any other event that the Prime Minister may, by notification in the Gazette, specify.
Amended [25/2007]
(11)
A reference in subsection (9) to similar powers exercisable under paragraph (f) is a reference to the following powers described in the Public Order and Safety (Special Powers) Act 2018:
(a)
the powers conferred on a police officer under sections 16, 18, 19 and 20 of that Act, where subsection (9)(b), (c) or (d) (as the case may be) is concerned;
(b)
the powers conferred on a police officer under sections 16, 22, 23, 25 and 26 of that Act, where subsection (9)(e) is concerned.
Amended [26/2018]
Section 201D
Powers of Singapore Armed Forces in vicinity of protected area or place
Amended [25/2007; 41/2017]
The Minister may authorise any serviceman to exercise one or more of the powers under section 201C(9) in the immediate vicinity of any Singapore Armed Forces property which has been declared a protected area or a protected place under the Infrastructure Protection Act 2017, for the protection of persons and property therein.
Section 201E
Serviceman to act on Minister’s authorisation or superior order
Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007]Amended [25/2007; 28/2009]
(1)
A serviceman may exercise any power under section 201B(3) or (4) or 201C(9), or give an order to exercise that power, only —
(a)
in accordance with any authorisation or order by the Minister to do so; or(b)under, or under the authority of, an order of a superior (called in this section a superior order) to do so.
Amended [25/2007]
(2)
For the purposes of subsection (1)(a), any authorisation by the Minister includes written authorisation given in advance specifying the powers which are exercisable under the circumstances specified in the authorisation.
Amended [25/2007]
(3)
The Minister must not authorise or order the taking of measures involving the use of lethal force against any person, vehicle, aircraft, vessel or facility unless the Minister is satisfied that those measures are reasonable and necessary in the circumstances, and in so doing, the Minister must have regard to Singapore’s international obligations.
Amended [25/2007]
(4)
Subsection (1)(b) applies only if —
(a)
the serviceman is under a legal obligation to obey the superior order;
(b)
the superior order is not manifestly unlawful;
(c)
the serviceman has no reason to believe that circumstances have changed in a material way since the superior order was given;
(d)
the serviceman has no reason to believe that the superior order was based on a mistake as to a material fact; and(e)the serviceman exercises the power or gives the order to exercise the power in a manner reasonable and necessary to give effect to the superior order.
Amended [25/2007]
(5)
In this section, “superior” means the Chief of Defence Force, an officer, a warrant officer, a military expert of or above the rank of ME3 or such other serviceman as the Minister may specify in an authorisation or order.
Amended [25/2007; 28/2009]
Section 201F
Restriction on use of force likely to cause death or grievous hurt
Amended [25/2007; 26/2018]Amended [25/2007]
(1)
A serviceman in exercising any power under section 201B(3) or (4) or 201C(9) must not, in using force against any person ––
(a)
do anything likely to cause the death of, or grievous hurt to, the person unless the serviceman believes on reasonable grounds that doing that thing is necessary to —
(i)
protect the life of, or to prevent serious injury to, another person (including the serviceman); or(ii)protect infrastructure specified in an order made under section 201C(1) against damage or disruption to its operation;
(b)
do anything likely to cause the death of, or grievous hurt to, the person in exercising any power under section 201C(9)(f) unless the serviceman would have been authorised by the Public Order and Safety (Special Powers) Act 2018 to do so if the serviceman were a police officer acting in accordance with that Act; or(c)subject the person to greater indignity than is reasonable and necessary in the circumstances.
Amended [25/2007; 26/2018]
(2)
If a person attempts to escape being detained, a serviceman must not do anything that is likely to cause the death of, or grievous hurt to, the person unless the person has, if practicable, been called on to surrender and the serviceman believes on reasonable grounds that the person cannot be apprehended in any other manner.
Amended [25/2007]
Section 201G
Procedure on arrest of persons, seizure of property or detention of aircraft and vessels
Amended [25/2007; 15/2010; 19/2018]Amended [25/2007]Amended [25/2007]Amended [25/2007]
(1)
Any person arrested or detained by a serviceman in exercise of the serviceman’s powers under section 201B(3) or (4) or 201C(9) must be handed over to a police officer as soon as practicable, and section 66(3), (4) and (5) of the Criminal Procedure Code 2010 applies to that person as if he or she were handed over to the police officer under section 66(1) and (2) of that Code.
Amended [25/2007; 15/2010; 19/2018]
(2)
Where a serviceman has seized any thing or vehicle in exercise of the serviceman’s powers under section 201B(3) or (4) or 201C(9), the serviceman must —
(a)
take any action that is reasonable and necessary to secure the thing or vehicle or prevent it from being used;
(b)
if the serviceman believes on reasonable grounds that the thing or vehicle has been used or otherwise involved in the commission of an offence, hand it to a police officer as soon as practicable; and(c)if paragraph (b) does not apply, return the thing or vehicle to the person from whom it was seized, or hand it to a police officer as soon as practicable.
Amended [25/2007]
(3)
Any thing or vehicle seized by a serviceman must be dealt with in the same manner as if it were seized by a police officer under the Criminal Procedure Code 2010.
Amended [25/2007]
(4)
Where a serviceman has detained any aircraft or vessel in exercise of the serviceman’s powers under section 201B(3) or (4), the serviceman must —
(a)
take any action that is reasonable and necessary to secure the aircraft or vessel, or prevent it from being used;
(b)
report the detention of the aircraft or vessel to the Chief of Defence Force as soon as practicable; and(c)deal with the aircraft or vessel in any manner that the Chief of Defence Force, after consulting the Commissioner of Police, may determine.
Amended [25/2007]
Section 201H
Obstruction of exercise of powers
Amended [25/2007; 26/2018]
A person who obstructs or resists, or fails to comply with any order of, a serviceman acting in the exercise of the serviceman’s powers under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Section 201I
Powers exercisable under other written law
Amended [25/2007]
Nothing in this Part affects or derogates from any other power exercisable by a serviceman under any other written law.
Part 13
MISCELLANEOUS
Section 202
Exemption of servicemen from certain laws
Any serviceman acting in good faith and in the serviceman’s official capacity is exempt from all written laws providing for the carriage and storage of arms.
Section 203
Reduction in rank for inefficiency
When a serviceman by reason of unsuitability or inefficiency of a nature which does not warrant disciplinary action is nevertheless undeserving to retain the serviceman’s rank, the Armed Forces Council may, after giving the serviceman 3 months’ notice in writing to that effect, reduce him or her to a rank appropriate to his or her abilities.
Section 204
Mode of complaint by servicemen
Amended [28/2009]Amended [28/2009]
(1)
If any serviceman (A) thinks himself or herself wronged in any matter by another serviceman (B) superior to A in rank, A may complain to B’s commander, but if A is an officer or a senior military expert who is equivalent or superior in rank to the commander A may complain to an officer or a senior military expert next senior in rank to the commander.
Amended [28/2009]
(2)
Every officer or senior military expert to whom a complaint is made under this section must cause the complaint to be enquired into and must, if on inquiry he or she 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.
Amended [28/2009]
(3)
If A is not satisfied that his or her complaint has been redressed A may complain to the Armed Forces Council and the Armed Forces Council must examine the complaint and do justice in the matter.
Section 205
Regulations
Amended [28/2009]
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 in the uniformed services (including the military domain experts service);
(c)
service grades of regular servicemen in the non-uniformed service, including the designation of grades as officer grades;
(d)
powers of commanders;
(e)
powers of disciplinary officers;
(f)
procedure and practice in summary trials;
(g)
powers and duties of military policemen;
(h)
arrests and searches and investigation of offences;
(i)
payments, deductions, forfeitures, pensions, gratuities and other allowances;
(j)
terms and conditions of service of servicemen including classes or categories of serviceman and periods of service;
(k)
terms and conditions of service of the president of the Military Court of Appeal and the registrar thereof;
(l)
committees of inquiry appointed under section 8C;
(m)
boards of inquiry;
(n)
military decorations;
(o)
military funerals and burials at sea;
(p)
military prisons, disciplinary barracks and detention barracks;
(q)
the committal of persons under military sentences of imprisonment, special detention or detention to military prisons, disciplinary barracks or detention barracks (as the case may be), their removal from one place to another or from one form of custody to another and their release when their terms of imprisonment, special detention or detention have ended;
(r)
the provision, classification, regulation and management of military prisons, disciplinary barracks and detention barracks;
(s)
the classification, treatment, employment, discipline and control of persons serving military sentences of imprisonment, special detention or detention or in military custody;
(t)
the temporary release on compassionate grounds of persons serving such sentences in military prisons, disciplinary barracks or detention barracks, the cases in which, periods for which and conditions subject to which they may be allowed out of any of those places and the remission of part of any such sentence for good conduct and industry;
(u)
the appointment, powers and duties of inspectors, visitors and members of the staff of military prisons, disciplinary barracks and detention barracks;
(v)
the establishment, maintenance and application of a fund to be known as the Singapore Armed Forces Central Welfare Fund;
(w)
the appointment, release, discharge and terms and conditions of service of volunteers;
(x)
the exclusion or variation of the operation of the provisions of this Act in relation to non-uniformed servicemen;
(y)
in relation to any rank referred to in any provision of the Act, the designation of a corresponding service grade in the non-uniformed service for the purpose of that provision; and(z)all other matters which the Armed Forces Council considers necessary or expedient for the purposes of this Act.
Section 205A
SAVER and Premium Plans
Amended [40/2018]
(1)
The Armed Forces Council may also make regulations for the establishment of 2 savings and employee retirement plans (called in this Act the SAVER Plan and the Premium Plan, respectively) for the payment of —
(a)
any gratuity, allowance, superannuation or other like benefit to such servicemen or classes of servicemen as may be prescribed, or to their legal personal representatives or dependants, on the death or the retirement or resignation from the Singapore Armed Forces of such servicemen;
(b)
any pension, allowance, gratuity, compensation or other benefit in respect of the death of or injuries received by any such servicemen in and which are attributable to service;
(c)
any subsidy, rebate or other benefit in respect of medical services rendered to such servicemen;
(d)
any allowance, subsidy or other benefit to such former servicemen after their retirement from the Singapore Armed Forces; and(e)any loan or other benefit to such servicemen or classes of servicemen as may be prescribed.
(2)
The following provisions apply to the SAVER Plan and the Premium Plan established under this section:
(a)
no payments, allowance or other benefit payable under the SAVER Plan or the Premium Plan (whether on death, retirement or resignation of a serviceman or otherwise), and no contribution by the Government made under the SAVER Plan or the Premium Plan and no interest thereon is assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than —
(i)
a debt due to the Government; or(ii)an order of court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child (whether legitimate or not) of the serviceman to whom the payment, allowance or other benefit has been granted;
(b)
no contribution by the Government made under the SAVER Plan or the Premium Plan and no interest thereon shall be subject to the debts of a serviceman, nor shall such contributions and interest pass to the Official Assignee on the bankruptcy of the serviceman, but if the serviceman is adjudicated a bankrupt or is declared insolvent by a court of law, such contribution and interest are deemed excluded from the property of the bankrupt for the purposes of the Insolvency, Restructuring and Dissolution Act 2018; and(c)subject to the provisions of any regulations made under this section, all moneys paid or payable under the SAVER Plan or the Premium Plan on the death of a serviceman are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased serviceman and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929.
Amended [40/2018]
(3)
The Armed Forces Council must, in making any regulations under this section, provide —
(a)
for officers who, immediately before 1 January 1998, are eligible for any pension, gratuity or other allowance under any regulations made under section 205 to opt to join the SAVER Plan and for the terms and conditions of that option;
(b)
for soldiers who, immediately before 1 January 2000, are eligible for any pension, gratuity or other allowance under any regulations made under section 205 to opt to join the Premium Plan and for the terms and conditions of that option; and(c)that any such officer who opts to join the SAVER Plan or any such soldier who opts to join the Premium Plan, remains eligible to benefits not less in value than the amount of any pension, gratuity or other allowance for which he or she would have been granted under the regulations made under section 205 if he or she retired or ceased contract service on medical grounds not due to causes within his or her control on the date immediately prior to his or her joining the SAVER Plan or the Premium Plan, as the case may be.
(4)
Any option exercised by any officer before 1 April 1998 to join or not to join the SAVER Plan and any option exercised by any soldier before 31 March 2000 to join or not to join the Premium Plan, is deemed to be exercised in accordance with the regulations made under subsection (3).
Section 205B
SAVER‑Premium Fund
Amended [43/2004]
(1)
A fund called the Savings and Employee Retirement and Premium Fund (called in this Act the SAVER‑Premium Fund) is established, which must be held, managed and administered as a Government fund separate from other Government funds.
(2)
Except as otherwise provided by section 206(1), all payments and other benefits payable to servicemen under the SAVER Plan or the Premium Plan, and all expenses incurred in the administration of the SAVER Plan or the Premium Plan and the investment of moneys in the SAVER‑Premium Fund shall be charged on and paid out of the SAVER‑Premium Fund, and other moneys must not be withdrawn from the SAVER‑Premium Fund unless authorised to be withdrawn under this Act.
Amended [43/2004]
(3)
There must be paid into the SAVER‑Premium Fund —
(a)
such sums appropriated from time to time from the Consolidated Fund and authorised to be paid in the SAVER‑Premium Fund by any written law to enable the SAVER‑Premium Fund to meet its liabilities;
(b)
all revenues of Singapore allocated by any written law to the SAVER‑Premium Fund; and(c)the net income from investments of moneys in the SAVER‑Premium Fund authorised to be made by this Act or any other written law.
(4)
There must also be paid into the SAVER‑Premium Fund such sum from the Pension Fund established by the Pension Fund Act 1995 as the Minister for Finance may determine as the value of that part of the Pension Fund relating to all those servicemen exercising an option in favour of joining the SAVER Plan or the Premium Plan in accordance with the regulations made under section 205A.
(5)
The moneys referred to in subsection (3)(a) and (b) and subsection (4) must be paid into the SAVER‑Premium Fund as capital money, and must not be used to meet payments of dividends under the SAVER Plan or the Premium Plan.
(6)
The income from the investment of capital moneys of the SAVER‑Premium Fund must be paid into an account for the Fund to be called the SAVER‑Premium Income Account.
(7)
Except as otherwise expressly provided in this Act, the Financial Procedure Act 1966 and the regulations made under that Act apply to the SAVER‑Premium Fund.
Section 205C
Administration of SAVER-Premium Fund
Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]Amended [17/2004]
(1)
The SAVER‑Premium Fund is, subject to the direction and control of the Armed Forces Council, to be managed and administered by a Board of Trustees consisting of not more than 13 members, all of whom must be appointed by the Armed Forces Council.
(2)
The moneys in the SAVER‑Premium Fund may be invested in —
(a)
any investments authorised under section 7 of the Financial Procedure Act 1966; and(b)any other investments that the Board of Trustees thinks fit, not being any stock, bond, fund or security issued by the Government.
(3)
The Armed Forces Council may authorise the transfer to the Consolidated Fund any moneys in the SAVER‑Premium Fund which, in the opinion of the Minister and the Minister for Finance, are not required to meet the liabilities of the SAVER‑Premium Fund.
(4)
The Armed Forces Council must cause to be kept proper accounts and records of all transactions and affairs relating to the SAVER‑Premium Fund and must ensure that payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets and receipts of the Fund.
(5)
The accounts and annual financial statements of the SAVER‑Premium Fund must be audited by the Auditor‑General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor‑General.
Amended [17/2004]
(6)
A person does not qualify for appointment as an auditor under subsection (5) unless the person is a public accountant as defined in the Companies Act 1967.
Amended [17/2004]
(7)
The remuneration of the auditor must be paid out of the SAVER‑Premium Fund.
Amended [17/2004]
(8)
The auditor must submit such periodic and special reports to the Minister as may appear to the auditor to be necessary or as the Minister may require.
Amended [17/2004]
(9)
As soon as the accounts of the SAVER‑Premium Fund and the financial statements have been audited in accordance with this Act, a copy of the audited financial statements, together with a copy of any report made by the auditor, must be submitted to the Minister.
Amended [17/2004]
(10)
Where the Auditor-General is not the auditor of the SAVER‑Premium Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General at the same time they are submitted to the Minister.
Amended [17/2004]
(11)
The Minister must cause a copy of the audited financial statements of the SAVER‑Premium Fund and the auditor’s report to be presented to Parliament.
(12)
For successive periods of such duration, not exceeding 5 years, as the Minister may determine in each case, an examination of the SAVER‑Premium Fund must be made with a view to determining the state of the SAVER‑Premium Fund having regard to its prospective liabilities and the probable annual provisions required by the SAVER‑Premium Fund to meet those liabilities.
(13)
The Armed Forces Council may make regulations for the proper control and management of the SAVER‑Premium Fund and, in particular, regulations —
(a)
providing for the appointment of the members of the Board of Trustees, including their tenure and remuneration;
(b)
prescribing the procedure to be followed by the Board of Trustees in the exercise of its functions; and(c)relating to the accounting, reporting, auditing and periodic examination of the SAVER‑Premium Fund.
Section 205D
Military domain experts service
Amended [28/2009]Amended [28/2009]Amended [28/2009]
(1)
The Armed Forces Council may, in making any regulations under section 205, provide for the rank of a serviceman to be changed upon his or her transfer from the military domain experts service to any other uniformed service, or vice versa.
Amended [28/2009]
(2)
A change in the rank of a serviceman upon his or her transfer from the military domain experts service to any other uniformed service, or vice versa, is not to be treated as a reduction in the rank of the serviceman.
Amended [28/2009]
(3)
The Armed Forces Council may, in making any regulations under section 205 or 205A, provide for —
(a)
any regular serviceman who opts to transfer to the military domain experts service to opt for the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act 1953; and(b)the terms and conditions of that option.
Amended [28/2009]
Section 206
Pension Fund
Amended [43/2004]
(1)
There is charged on and paid out of the Pension Fund established by the Pension Fund Act 1995 —
(a)
all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with any regulations made under section 205; and(b)such payments and benefits as may from time to time be payable in accordance with any regulations made under section 205A to servicemen under the SAVER Plan or the Premium Plan —
(i)
in respect of the death of or injuries received by such servicemen in and which are attributable to service;
(ii)
in respect of any allowance, subsidy, rebate or other benefit in respect of medical services rendered to such servicemen or to such former servicemen after their retirement from the Singapore Armed Forces; or(iii)in respect of any initial lump-sum contributions to such servicemen.
Amended [43/2004]
(2)
A pension, gratuity or other allowance granted in accordance with any regulations made under section 205 is not assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of a debt or claim, except for the purpose of satisfying —
(a)
a debt due to the Government; or(b)an order of a court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child, whether legitimate or not, of the serviceman to whom the pension, gratuity or other allowance has been granted.
Section 206A
Pension, etc., not of right
(1)
No serviceman has an absolute right to compensation for past services or to any pension, gratuity, allowance or other benefit under any regulations made under section 205 or 205A, nor does anything in this Act or any regulations made under this Act limit the right of the Armed Forces Council to dismiss any serviceman without compensation.
(2)
Where it is established to the satisfaction of the Armed Forces Council that a serviceman has been guilty of negligence, irregularity or misconduct, it is lawful for the Armed Forces Council to reduce or altogether withhold the pension, gratuity, allowance or other benefit for which the serviceman would but for this section have become eligible under any regulations made under section 205 or 205A.
Section 207
Regulations to be presented to Parliament
All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Section 208
General Orders of Ministry of Defence
(1)
The Armed Forces Council may make such orders not inconsistent with the provisions of this Act and any regulations made under this Act to be called “General Orders of the Ministry of Defence” as the Council may consider necessary or expedient.
(2)
Without limiting subsection (1), 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.
(3)
General Orders of the Ministry of Defence need not be published in the Gazette.