140.—(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.