Singapore Armed Forces (Amendment) Bill

Bill No. 1/1994

Read the first time on 13th January 1994.
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.—(1)  This Act may be cited as the Singapore Armed Forces (Amendment) Act 1994 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
(2)  The Minister may appoint different dates for the coming into operation of the different provisions of this Act.
Amendment of section 2
2.  Section 2 of the Singapore Armed Forces Act (referred to in this Act as the principal Act) is amended —
(a)by inserting, immediately after the words “Part IV” in the last line of the definition of “disciplinary officer” in subsection (1), the words “and includes the Chief of Defence Force”;
(b)by deleting the full-stop at the end of the definition of “volunteer” in subsection (1) and substituting a semi-colon, and by inserting immediately thereafter the following 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.”; and
(c)by deleting paragraph (e) of subsection (2) and substituting the following paragraph:
“(e)all references to “a soldier, enlisted personnel, sailor, seaman, rating or airman” shall be construed as references to a serviceman under this Act.”.
New section 10B
3.  The principal Act is amended by inserting, immediately after section 10A, the following section:
“Appointment of warrant officers
10B.—(1)  Warrant officers of the Singapore Armed Forces shall be appointed by the Armed Forces Council or by the proper authority which may, without assigning any reason, cancel any such appointment.
(2)  An appointment made under subsection (1) shall be in the prescribed form.
(3)  Warrant officers appointed under subsection (1) shall be 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 1st July 1992 shall for all purposes be deemed to have been appointed as a warrant officer.
(6)  Every warrant officer appointed before 1st July 1992 shall be deemed to be appointed under subsection (1).”.
Amendment of section 39
4.  Section 39 of the principal Act is amended by inserting, immediately after the words “Every officer” in the first line, the words “or warrant officer”.
Amendment of section 60
5.  Section 60 of the principal Act is amended —
(a)by inserting, immediately after the words “an officer” in the second line of the definition of “junior disciplinary officer”, the words “or a warrant officer”;
(b)by inserting, immediately after the definition of “reversion in rank”, the following definition:
“ “Senior Disciplinary Committee” means a Senior Disciplinary Committee appointed under section 72;”; and
(c)by deleting the definition of “a soldier below the rank of warrant officer”.
Amendment of section 62
6.  Section 62 of the principal Act is amended —
(a)by inserting, immediately after subsection (1), the following subsection:
“(1A)  If the accused is an officer of the rank of lieutenant-colonel, the charge shall, within such time as may be specified in regulations made under this Act, be brought before the Chief of Defence Force.”; and
(b)by inserting, immediately after the words “A disciplinary officer” in the first line of subsection (5), the words “other than the Chief of Defence Force”.
New section 65A
7.  The principal Act is amended by inserting, immediately after section 65, the following section:
“Powers of Chief of Defence Force when dealing with charge
65A.  The Chief of Defence Force when dealing with a charge brought before him under section 62(1A) may —
(a)dismiss the charge if he is of the opinion that it ought not to be proceeded with;
(b)try the accused summarily; or
(c)if he is of the opinion that the charge should not be dealt with by him, refer the charge to the person appointed under section 82(5)(a).”.
Amendment of section 67
8.  Section 67 of the principal Act is amended —
(a)by inserting, immediately after the words “a superior commander” in the first line, the words “or the Chief of Defence Force”; and
(b)by deleting paragraph (b) and substituting the following paragraph:
“(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 by a superior commander, the superior commander, the senior disciplinary officer or any other superior commander or senior disciplinary officer; and
(ii)in the case of a charge referred to him by the Chief of Defence Force, the Chief of Defence Force; or”.
Amendment of section 68
9.  Section 68 of the principal Act is amended by deleting the words “corporal (first class)” wherever they appear in paragraph (b) and substituting in each case the words “third sergeant”.
Amendment of section 69
10.  Section 69(1) of the principal Act is amended by deleting the words “corporal (first class)” wherever they appear in paragraph (d) and substituting in each case the words “third sergeant”.
Amendment of section 70
11.  Section 70(1) of the principal Act is amended by deleting paragraph (a).
New section 70A
12.  The principal Act is amended by inserting, immediately after section 70, the following section:
“Powers of punishment of Chief of Defence Force
70A.—(1)  The Chief of Defence Force may, upon conviction of an accused of the rank of lieutenant-colonel, 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 purposes of promotion;
(b)a fine not exceeding a sum of $1,500; or
(c)reprimand.
(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 ordinary pay authorised by this Act.”.
Repeal and re-enactment of section 72
13.  Section 72 of the principal Act is repealed and the following section substituted therefor:
“Power of Senior Disciplinary Committee
72.—(1)  A charge against an officer of or above the rank of colonel may be dealt with summarily by a Senior Disciplinary Committee appointed by the Chairman of the Armed Forces Council for that purpose.
(2)  Notwithstanding subsection (1), a Senior Disciplinary Committee shall have the power to deal with a charge against an officer of the rank of lieutenant-colonel in any case referred to it by the Armed Forces Council under section 75(4)(a)(i).
(3)  The Senior Disciplinary Committee shall consist of not less than 3 members of the Armed Forces Council or any other uneven number, the majority of whom shall be members of the Singapore Armed Forces.
(4)  The members of the Senior Disciplinary Committee shall be of or above the rank of the accused or shall each be holding an appointment of or above that held by the accused. The seniority of such appointments shall be determined by the Chairman of the Armed Forces Council.
(5)  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 part of service for purposes of promotion;
(ii)a fine not exceeding a sum of $1,500; or
(iii)reprimand.
(6)  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 ordinary pay authorised by this Act.
(7)  Where the Senior Disciplinary Committee considers under this section that the accused should be tried by a subordinate military court, it shall refer the charge to the person appointed under section 82(5)(a).
(8)  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, it shall, before proceeding to conviction and punishment other than a reprimand, afford the accused an opportunity of electing to be tried by a subordinate military court and if the accused so elects, the Senior Disciplinary Committee shall refer the charge to the person appointed under section 82(5)(a) who shall direct that a charge be submitted to the convening authority.
(9)  Every decision of the Senior Disciplinary Committee shall be in accordance with the opinion of the majority of the members dealing with the case.”.
Amendment of section 73
14.  Section 73 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(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 by reason of the offence.”; and
(b)by deleting the words “a senior disciplinary officer or a superior commander” in the third and fourth lines of subsection (2) and substituting the following words
“a senior disciplinary officer, a superior commander, the Chief of Defence Force or a Senior Disciplinary Committee”.
Amendment of section 75
15.  Section 75 of the principal Act is amended by deleting subsections (3) and (4) and substituting the following subsections:
“(3)  In the case where servicemen are serving outside Singapore, the powers under subsection (1) shall be exercised —
(a)in relation to any finding, sentence, order of dismissal of a charge or award of compensation of the Chief of Defence Force, by the Armed Forces Council, except that where the person for the time being holding the appointment of the Chief of Defence Force is the person who made the finding, sentence, order or award, he shall 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 appointed by the Armed Forces Council.
(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), it may —
(a)refer the case to be retried —
(i)where the disciplinary officer is the Chief of Defence Force, by the Chief of Defence Force or, if it is of the opinion that the case should not be retried by the Chief of Defence Force, by a Senior Disciplinary Committee; and
(ii)in any other case, by the same or another disciplinary officer; or
(b)if it is of the opinion that the case should be retried by a subordinate military court, refer the charge to the person appointed under section 82(5)(a).”.
Amendment of section 76
16.  Section 76 of the principal Act is amended —
(a)by inserting, immediately after the words “A disciplinary officer” in the first line, the words “or a Senior Disciplinary Committee”; and
(b)by inserting, immediately after the word “him” in the second line, the words “or it”.
Amendment of section 82
17.  Section 82(5) of the principal Act is amended by deleting the words “Head of Legal Services” in paragraph (a) and substituting the words “Director, Legal Services”.
Amendment of section 94
18.  Section 94(1) of the principal Act is amended by deleting “350 to 362,” in the fourth line.
Amendment of section 98
19.  Section 98(1) of the principal Act is amended by inserting, immediately after the words “an officer” in the first and second lines, the words “or a warrant officer”.
Repeal and re-enactment of section 111
20.  Section 111 of the principal Act is repealed and the following section substituted therefor:
“Limitation of time for trial of offences
111.—(1)  Subject to subsection (2), no person shall in pursuance of this Act be tried for any offence triable under this Act unless the trial is begun within 3 years after —
(a)the date on which the offence was committed; or
(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,
whichever date is the later.
(2)  This section shall 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 shall begin when he appears or is brought before a subordinate military court for the first time in connection with the offence, notwithstanding the fact that the subordinate military court before which he 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 him for the offence.
(4)  Where a serviceman has served continuously in an exemplary manner for not less the 3 years in the Singapore Armed Forces, he shall 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 is begun.
(5)  Nothing in this section shall affect the jurisdiction of a civil court in the case of any offence triable by such court.”.
Amendment of section 114
21.  Section 114 of the principal Act is amended by inserting, immediately after the words “other officer” in the fifth line, the words “or warrant officer”.
Amendment of section 115
22.  Section 115 of the principal Act is amended —
(a)by inserting, immediately after the words “an officer thereof” in the third line, the words “or the Registrar”; and
(b)by deleting the words “the officer” in the sixth line and substituting the words “an officer, a warrant officer or the Registrar”.
Amendment of section 118
23.  Section 118 of the principal Act is amended —
(a)by inserting, immediately after the words “second lieutenant” at the end of subsection (1)(g), the words “and a warrant officer shall not be reduced below the rank of second warrant officer”;
(b)by inserting, immediately after the words “An officer” in the first line of subsection (4)(a), the words “or a warrant officer”; and
(c)by inserting, immediately after the words “A soldier” in the first line of subsection (4)(b), the words “other than a warrant officer”.
Amendment of section 130
24.  Section 130 of the principal Act is amended —
(a)by deleting the words “appeal against his conviction” and substituting the words “appeal against his conviction or sentence”; and
(b)by deleting the marginal note and substituting the following marginal note:
“Bail pending appeal.”.
Amendment of section 177
25.  Section 177(a) of the principal Act is amended by inserting, immediately after the words “any officer”, the words “or warrant officer”.
Amendment of section 178
26.  Section 178 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:
“(1)  An officer 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.
(1A)  A warrant officer 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.”.
Amendment of section 179
27.  Section 179(2) of the principal Act is amended by inserting, immediately after the word “officer” in the first line of paragraph (a), the words “or a warrant officer”.
New Part VIIIA
28.  The principal Act is amended by inserting, immediately after Part VIII, the following Part:
“PART VIIIA
BAIL AND BONDS
Interpretation of this Part
182A.  In this Part, —
“Bail Officer” means any officer appointed by the Armed Forces Council, by order published in the Gazette, to exercise the power to release a person subject to military law on bail or bond; and
“military court” means a general court martial or the Military Court of Appeal.
When person subject to military law may be released on bail
182B.—(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 thereunder or is brought before a military court, he may be released on bail or his own bond by a Bail Officer or the military court:
Provided that no person shall be released on bail or his own bond if there appear to be reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life.
(2)  The Bail Officer or military court releasing any person under subsection (1) shall record in writing his or its reasons for so doing.
(3)  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 him to custody.
Amount of bail or bond
182C.  The amount of bail or bond shall be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or detained.
Person released on bail to give address for service
182D.—(1)  Where any person is released on bail or his own bond, he shall give to the Bail Officer or the military court releasing him an address at which service upon him 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 of any notice or process cannot be effected, any notice or process left for him at the address given by him under subsection (1) shall be deemed to have been duly served on him.
Bond to be executed
182E.—(1)  Before any person is released on bail or his own bond under this Part, a bond for such sum of money as the Bail Officer or military court, as the case may be, thinks sufficient shall be executed by that person and, when he is released on bail, by one or more sufficient sureties conditioned that that person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by a Bail Officer or a military court, as the case may be.
(2)  It shall be a further condition of the bond that as long as it remains in force, the person so released shall not, without the permission of a Bail Officer or a military court, as the case may be, proceed beyond the limits of Singapore.
(3)  Such permission, if granted, shall be evidenced by an endorsement on the bond specifying the period of time and the place to which the permission extends.
(4)  No such permission shall be granted except on the personal application of the person so released in the presence of his surety or sureties, if any.
Person to be released
182F.—(1)  As soon as the bond has been executed, the person for whose appearance it has been executed shall be released.
(2)  Nothing in this section shall be 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.
Re-arrest in case of insufficient sureties
182G.  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 shall be brought before him or it and may order such person to find sufficient sureties and, on his failing to do so, may commit him to custody.
Cash deposit instead of sureties
182H.  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 him to enter into his own bond and, in addition thereto, to deposit a sum of money to such amount as the Bail Officer or the military court thinks fit instead of providing a surety or sureties.
Sureties may apply to have bond discharged
182I.—(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 such application being made, 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 shall be arrested and brought before it or him.
(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 shall call on that person to find other sufficient sureties and, if he fails to do so, shall commit him to custody.
Arrest on breach of bond for appearance
182J.  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 military court or the Bail Officer, as the case may be, may direct that that person shall be arrested and produced before it or him.
Procedure on forfeiture of bond
182K.—(1)  Where it is proved to the satisfaction of a military court that any bond taken under this Part has been forfeited, it shall record the grounds of such proof and may summon before it any person bound by the bond and call him 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 shall be deemed to be a debt due to the Government.”.
Amendment of section 193
29.  Section 193(1) of the principal Act is amended —
(a)by deleting the words “Armed Forces Council” at the end of paragraph (a)(iii) and substituting the words “Senior Disciplinary Committee”;
(b)by inserting, immediately after the words “disciplinary officer” in the sixth line of paragraph (c), the words “or Senior Disciplinary Committee”;
(c)by inserting, immediately after the words “disciplinary officer” in the seventh line of paragraph (d), the words “or Senior Disciplinary Committee”;
(d)by deleting paragraph (f) and substituting the following paragraph:
“(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 he has been charged with an offence has ordered him to pay;”; and
(e)by deleting the colon at the end of paragraph (g) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
“(h)the sum required to pay the penalty payable upon forfeiture of any bond taken under Part VIIIA:”.
Amendment of section 197
30.  Section 197 of the principal Act is amended —
(a)by inserting, immediately after the words “disciplinary officer” in the second and in the third lines of subsection (1)(a), the words “, Senior Disciplinary Committee”;
(b)by deleting the words “section 69(2), 70(2) or 118(1)(j)” in subsection (1)(a)(i) and substituting the words “section 69(2), 70(2), 70A(2), 72(6) or 118(1)(j)”;
(c)by deleting the words “the Armed Forces Council” in subsection (1)(b) and substituting the words “a Senior Disciplinary Committee”;
(d)by deleting the words “section 8(3)” in the second line of subsection (5) and substituting the words “section 8C(1)”; and
(e)by deleting paragraph (a) of subsection (5).
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