PART VII | Application of military law |
26.—(1) Any person required under this Act to report for enlistment or service in the Singapore Army established under the repealed Singapore Army Act 1965 (Act 13 of 1965) or the People’s Defence Force as constituted under the repealed People’s Defence Force Act (Cap. 234, 1970 Ed.), shall, from such date and time as may be specified, be subject to military law. | (2) The repealed Singapore Army Act 1965 (Act 13 of 1965) or any other Act relating to the armed forces shall apply to the person referred to in subsection (1) notwithstanding that he has not complied with the order. [25 |
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| Release and unaccountable periods |
27.—(1) Subject to this Act, a national serviceman or a regular serviceman shall be released by the proper authority at the end of the period which he is liable to serve.(2) In computing the period of service of any person referred to in subsection (1), no account shall be taken of —| (a) | any period before the day on which he reported for enlistment or for national service; | | (b) | any period of absence from duty without leave or desertion where he was convicted therefor; or | | (c) | any period during which he was serving or would have been serving, if he were not unlawfully at large, a term of imprisonment, special detention, detention or reformative training. |
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| 28. The proper authority may by notice postpone for such period as it may consider appropriate all or any part of the liability of any person under this Act. [27 |
| 29. The proper authority may by notice exempt any person from all or any part of the liability of that person under this Act. [28 |
| Orders, notices, permits and appointments |
| 30.—(1) Orders, notices, permits and appointments issued or made under this Act may be of a general nature or may refer to a class of persons or to one person or to any number of persons. [25/89] (2) An order or notice issued under this Act may be served on any person —| Personal delivery and telephone conversation |
| (a) | by delivering it personally, or reading the contents of the order or notice over the telephone personally, to that person; | | Publication in newspapers and Gazette | | (b) | by publishing it in the daily newspapers circulating in Singapore in all the official languages or in the Gazette ; | | Broadcast over radio and television | | (c) | by broadcasting it over the radio and television in the prescribed manner; | | Public-address system or siren | | (d) | by audible signals given in the prescribed manner over a public-address system or through a siren where such signals are audible from the usual or last known place of residence, business and employment of the person to be served; | | Registered post | | (e) | by sending it by registered post to the person to be served at the usual or last known place of residence or business of that person; | | Delivery to member of family or household at residence | | (f) | by leaving it at the usual or last known place of residence of the person to be served with a member of his family or household who is apparently above the age of 16 years and apparently residing at that place; | | Telephone conversation with member of family or household | | (g) | by reading the contents of the order or notice over the telephone to a member of the family or household of the person to be served who is apparently above the age of 16 years and apparently residing at the usual or last known place of residence of the person to be served; | | Delivery to employee or person in charge of working place | | (h) | by leaving it at the usual or last known place of business or employment of the person to be served with a person apparently above the age of 16 years and apparently in charge of or employed at that place; | | Telephone conversation with employee or person in charge of working place | | (i) | by reading the contents of the order or notice over the telephone to a person apparently above the age of 16 years and apparently in charge of or is employed at the usual or last known place of business or employment of the person to be served; | | Pager | | (j) | by sending it by radio-communications pager transmission in the prescribed manner; or | | Facsimile transmission, telex and other means of telecommunication | | (k) | by sending it by facsimile transmission, telex or any other prescribed means of telecommunication to the person to be served at the usual or last known place of residence, business or employment of that person where there is an acknowledgment by electronic or any other means to the effect that the order or notice has been received at that place. [25/89] |
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| Knowledge of order or notice |
(3) Where an order or notice is served on any person under —| (a) | subsection (2)(b), it shall be deemed to have been read by the person to whom it applies by noon on the day following the date of publication; | | (b) | subsection (2)(c) or (d), it shall be deemed to have been seen or heard by the person to whom it applies on the expiry of 6 hours from the commencement of the first broadcast or audible signal, as the case may be; | | (c) | subsection (2)(e), it shall be deemed to have been received and read by the person to whom it applies on the expiry of 48 hours from the time at which it was delivered to the post office for despatch; | | (d) | subsection (2)(f) or (g), it shall be deemed to have been conveyed or read to the person to whom it applies at the time of delivery or telephone conversation, as the case may be; | | (e) | subsection (2)(h) or (i), it shall be —| (i) | presumed, until the contrary is proved, to have been conveyed or read to the person to whom it applies at the time of delivery or telephone conversation, as the case may be; and | | (ii) | deemed to have been conveyed or read to the person to whom it applies on the expiry of 6 hours from the time of delivery or telephone conversation, as the case may be; or |
| | (f) | subsection (2)(j) or (k), it shall be —| (i) | presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time of the first transmission; and | | (ii) | deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time of the first transmission. [25/89] |
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| Order or notice to remain in force until compliance or revocation |
| (4) An order or notice issued under this Act shall remain in force until it is complied with or revoked and a person not complying with such an order or notice at the specified time shall be liable to comply with it as soon as possible. [25/89] |
| Conditions and revocation |
| (5) An order, notice, permit or appointment, issued or made under this Act, may be subject to conditions and may be revoked at any time. [25/89] |
| Ignorance of order or notice not an excuse |
| (6) Where a person has under subsection (3) been deemed to have knowledge of an order or notice issued under this Act, ignorance of the fact that the order or notice has been duly served on him under subsection (2) shall not be an excuse for failing to comply with that order or notice. [29 [25/89] |
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31. For the purpose of calculation of age under this Act, the following provisions shall apply:| (a) | where the month in which a person was born is not entered in his identity card, he shall be deemed to be born on 1st July; | | (b) | where the day of the month on which a person was born is not entered in his identity card, he shall be deemed to be born on the first day of the month; and | | (c) | where the year in which a person was born is not entered in his identity card, the proper authority may order him to undergo medical examinations and produce evidence in respect of his age and shall decide on his year of birth. [30 |
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32.—(1) A person subject to this Act who has been registered under section 3 or is deemed to be registered or is liable to register under this Actshall not leave Singapore or remain outside Singapore unless he is in possession of a valid permit (referred to in this Act as exit permit) issued by the proper authority permitting him to do so.| (2) A person to whom an exit permit under subsection (1) is granted shall return to Singapore before the expiry of the period for which he was allowed to stay outside Singapore. [31 |
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33. Any person within or outside Singapore who —| (a) | fails to comply with any order or notice issued under this Act; | | (b) | fails to fulfil any liability imposed on him under this Act; | | (c) | fraudulently obtains or attempts to obtain postponement, release, discharge or exemption from any duty under this Act; | | (d) | does any act with the intention of unlawfully evading service; | | (e) | gives the proper authority or any person acting on his behalf false or misleading information; or | | (f) | aids, abets or counsels any other person to act in the manner laid down in paragraph (a), (b), (c), (d) or (e), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. |
[32 |
34.—(1) The proper authority may, in its discretion, compound any offence under this Act as may be prescribed as being an offence which may be compounded which is prescribed to be a compoundable offence by collecting from a person reasonably suspected of having committed the offence —| (a) | a sum not exceeding $1,000 in the case of an offence under this Act; or | | (b) | a sum not exceeding $500 in the case of an offence under the regulations. [16/2001] |
| (2) On payment of such sum, no further proceedings shall be taken against that person in respect of the offence. [16/2001] |
| (3) The Minister may make regulations to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section. [32A [16/2001] [16/2001 wef 15/05/2001] |
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| 35. The proper authority may appoint one or more public officers as enlistment inspectors to investigate the commission of any offence under this Act. [16/2001 wef 15/05/2001] [32B [16/2001] |
| Powers of enlistment inspectors and police officers |
| 36.—(1) Any enlistment inspector may, without warrant, arrest any person who he reasonably believes has committed an offence under this Act. [16/2001] | (2) Where a person is arrested by an enlistment inspector under this section, the enlistment inspector shall comply with sections 35 and 36 of the Criminal Procedure Code (Cap. 68) as if he were a police officer. [16/2001] |
(3) In any case relating to the commission of an offence under this Act, any enlistment inspector shall have the power to do all or any of the following:| (a) | to require by order any person who the enlistment inspector has reason to believe has any article, document or information relevant to the carrying out of the provisions of this Act to produce any such article or document, or give such information, and to retain the article or document, or make copies of such documents; | | (b) | to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person who shall be bound to state truly the facts and circumstances with which he is acquainted, and the statement made by that person shall be read over to him and shall, after correction, be signed by him; | | (c) | to require by order in writing the attendance before him of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and that person shall so attend as required and if he fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order. [16/2001] |
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(4) Any enlistment inspector specially authorised in writing by the proper authority may, with a warrant issued by the proper authority and with or without assistance, enter and search any premises, if he has reasonable cause to believe —| (a) | that evidence of the commission of an offence under this Act can be found therein; and | | (b) | that a person to whom an order under subsection (3)(a) has been or might be issued will not or would not produce the article, document or information as directed in the order or that the article, document or information is not in the possession of any person, |
| and may seize any evidence so found. |
[16/2001] |
| (5) In addition to any other power conferred by written law, any police officer may exercise the powers conferred upon an enlistment inspector under subsections (1) and (3). [32C [16/2001] [16/2001 wef 15/05/2001] |
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37.—(1) The Minister may make such regulations as may be necessary or expedient to carry out the provisions of this Act.(2) Without prejudice to the generality of subsection (1), the Minister may make regulations relating to —| (a) | payment of remuneration to persons in national service; | | (b) | duties of persons liable for service; | | (c) | duties of employers in respect of national servicemen; | | (d) | appointment of advisory boards; | | (e) | registration, fitness examination and enlistment; | | (f) | postponement, exemption, release and discharge; | | (g) | exit permits; and | | (h) | leave. |
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| (3) Any regulations made under this section may prescribe that any act or omission in contravention of any regulation shall be an offence and may provide for the imposition of penalties for such offence which penalties shall not exceed a fine of $2,000 and imprisonment for a term not exceeding 12 months. [33 |
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