Singapore Armed Forces (Amendment) Act 1991

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 2]

Friday, January 18

[1991

The following Act was passed by Parliament on 14th January 1991 and assented to by the President on 16th January 1991:—

Singapore Armed Forces (Amendment) Act 1991

(No. 1 of 1991)

I assent.

WEE KIM WEE

President.

16th January 1991.

Date of Commencement: 1st April 1991

An Act to amend the Singapore Armed Forces Act (Chapter 295 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Singapore Armed Forces (Amendment) Act 1991 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2(1) of the Singapore Armed Forces Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after the definition of “arrest”, the following definition:

“ “before the enemy”, in relation to a person, means that he 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;”; and

(b)

by deleting the full-stop at the end of the definition of “vessel” and substituting a semi-colon, and by inserting immediately thereafter the following definition:

“ “volunteer” means a person accepted by the proper authority as a volunteer in the Singapore Armed Forces.”.

Amendment of section 3

3. Section 3 of the principal Act is amended —

(a)

by deleting the word “and” at the end of paragraph (d); and

(b)

by deleting the full-stop at the end of paragraph (e) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(f)	volunteers during the period that they are ordered to report for service, whether they have complied with such order or not.”.

Amendment of section 7

4. Section 7 (1) of the principal Act is amended by deleting the words “military, maritime and air” in the fifth line and substituting the words “army, air force and navy”.

Repeal and re-enactment of section 8 and new sections 8A, 8B and 8C

5. Section 8 of the principal Act is repealed and the following sections substituted therefor:

“Establishment of Armed Forces Council

8.—(1) For the purposes of the administration of matters relating to the Singapore Armed Forces under this Act, there shall be established an Armed Forces Council which shall consist 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;
(g)	not more than 4 other members as the President may appoint if the President, acting in his 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 shall be the Chairman of the Armed Forces Council.

(3) No revocation of any of the appointments referred to in subsection (1)(g) shall be made unless the President, acting in his discretion, concurs with the advice of the Prime Minister.

(4) Any appointment or revocation thereof made by the President under this section shall be published in the Gazette.

Armed Forces Council to provide for certain matters

8A. The Armed Forces Council may make provision 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.

Quorum

8B.—(1) Subject to subsections (2) and (3), a quorum for a meeting of the Armed Forces Council shall be 3 members.

(2) No business shall be transacted at any meeting of the Armed Forces Council unless the following members of the Council are present:

(a)	the Chairman 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 Chairman is unable to attend any meeting of the Armed Forces Council, the Council may meet and transact any business if a member present at such a meeting has been appointed by the Chairman to act on his behalf; but no decision of the Council on any matter made at that meeting shall take effect unless the consent of the Chairman in writing under his hand has been obtained therefor.

Committees appointed by Armed Forces Council

8C.—(1) The Armed Forces Council may from time to time 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), and may delegate to such committees power to do any specific act or carry out any specific function.

(2) Every such committee shall report to the Armed Forces Council.

(3) Sections 113, 185, 187, 188, 189, 190 and 191 shall apply with the necessary modification and adaptation to a committee of inquiry appointed under subsection (1).”.

Amendment of section 10

6. Section 10 (1) of the principal Act is amended by deleting the word “Officers” and substituting the words “Subject to section 10A, officers”.

New section 10A

7. The principal Act is amended by inserting, immediately after section 10, the following section:

“Appointment of Chiefs of Defence Force, Army, Air Force and Navy

10A.—(1) The President acting in his discretion may, if he concurs with the advice of the Prime Minister who shall 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) No revocation of any of the appointments referred to in subsection (1) shall be made unless the President, acting in his discretion, concurs with the advice of the Prime Minister who shall before tendering such advice consult the Armed Forces Council.

(3) The Chief of Defence Force shall 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 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 duties by reason of absence, illness or otherwise.

(5) Any appointment or revocation thereof made by the President under this section shall be published in the Gazette.”.

Amendment of section 49

8. Section 49 of the principal Act is amended by inserting, immediately after the word “officer” in the fourth line, the words “, a committee of inquiry appointed under section 8C”.

Amendment of section 60

9. Section 60 of the principal Act is amended by deleting the words “maritime and air command” in the definitions of “formation” and “unit” and substituting in each case the words “navy and air force”.

Amendment of section 68

10. Section 68 of the principal Act is amended —

(a)	by deleting the word “sergeant” wherever it appears in paragraph (b) and substituting in each case the words “corporal (first class)”; and
(b)	by deleting “$100” and “$50” in paragraph (b) and substituting “$300” and “$100”, respectively.

Amendment of section 69

11. Section 69 of the principal Act is amended —

(a)	by deleting the word “sergeant” wherever it appears in paragraph (d) and substituting in each case the words “corporal (first class)”; and
(b)	by deleting “$150” and “$75” in paragraph (d) and substituting “$500” and “$150”, respectively.

Amendment of section 70

12. Section 70 (1) of the principal Act is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)

a fine not exceeding —

(i)	in the case of officers who are of the rank of captain or major, a sum of $1,000; and
(ii)	in the case of officers below the rank of captain and of warrant officers, a sum of $500; or”.

Amendment of section 71

13. Section 71 (2) of the principal Act is amended —

(a)	by deleting “$50” in paragraph (a) and substituting “$100”; and
(b)	by deleting “$50” and “$100”, in paragraph (b) and substituting “$100” and “$300”, respectively.

Repeal and re-enactment of section 78

14. Section 78 of the principal Act is repealed and the following section substituted therefor:

“Time limits for summary trial

78.—(1) Subject to subsection (2), no person shall be tried by a disciplinary officer —

(a)	if he 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 he is a reservist 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) Notwithstanding subsection (1), the Armed Forces Council or any officer or person authorised by the Council may by order in writing direct a person to be tried after the expiry of the period of 6 months or 3 years referred to in subsection (1) where the circumstances of the case warrant such a summary trial except that no person shall be tried after the expiry of any time limit specified in section 111 for the trial of any offence referred to in that section.”.

Amendment of section 111

15. Section 111 (1) of the principal Act is amended by deleting the words “mutiny or desertion” in the fourth and fifth lines and substituting the words “misconduct in action, assisting the enemy, mutiny, absence without leave or desertion”.

Amendment of section 118

16. Section 118 (6) of the principal Act is amended —

(a)	by deleting “$1,000” in paragraph (a) and substituting “$2,000”; and
(b)	by deleting “$500” in paragraph (b) and substituting “$1,000”.

Amendment of section 205

17. Section 205 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (j), the following paragraph:

“(ja)

committees of inquiry appointed under section 8C;”; and

(b)

by inserting, immediately after paragraph (t), the following paragraph:

“(ta)

the appointment, release, discharge and terms and conditions of service of volunteers;”.

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