Write‑off of public property
197.—(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).
(4)  In subsection (1) —
“loss of property” includes destruction of or damage to property;
“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.
[28/2009]