Singapore Armed Forces Bill
Table of Contents
Long Title
Enacting Formula
Part I PRELIMINARY
1 Short title and commencement
2 Interpretation
3 Application
4 Liability for military offences
5 Jurisdiction of civil courts
Part II ORGANISATION OF THE SINGAPORE ARMED FORCES
6 Establishment and organisation of the Armed Forces and continuance of existing forces
7 Establishment of the Armed Forces Council
8 Style, seal and proceedings of the Armed Forces Council
9 Appointment of officers
Part III MILITARY OFFENCES
10 Misconduct in action
11 Assisting the enemy
12 Unauthorised disclosure of information
13 Offences in connection with captivity
14 Mutiny
15 Offences by or in relation to sentries, persons on watch, etc.
16 Disobedience, non-compliance of lawful orders, etc.
17 Looting
18 Insubordinate behaviour
19 Obstruction of military policemen
20 Disobedience of general orders
21 Absence without leave
22 Desertion
23 Failure to report deserters and absentees
24 Conduct to the prejudice of good order or discipline
25 Cruel, indecent or disgraceful conduct
26 Non-prevention of offences
27 Ill-treatment
28 Abuse of authority
29 Personation and excess of authority
30 Creating despondency or alarm
31 Malingering
32 Intoxication
33 Possession, etc., of drugs
34 Abandonment of aircraft or vessel
35 Causing or allowing any ship, vessel or aircraft to be lost or hazarded
36 Offences by commanding officer in relation to ship, vessel or aircraft taken as prize
37 Further offences in relation to a ship, vessel or aircraft taken as prize
38 Offences in relation to an officer in a ship convoying and protecting a vessel
39 Disobeying lawful command of captain of a ship
40 Endangering life or property
41 Damage to, and loss of, Singapore Armed Forces property, etc.
42 Dishonest misappropriation of Singapore Armed Forces property
43 Misapplication and waste of Singapore Armed Forces property
44 Unlawful arrest
45 Resistance to arrest
46 Escape and permitting escape and unlawful release from custody
47 Contempt
48 False evidence
49 Falsification of documents
50 Refusing medical or dental examination and treatment
51 Obstructing investigation
52 Inaccurate certification
53 Dangerous flying, etc.
54 Low flying
55 Annoyance by flying
56 Irregular arrest and confinement
57 Abetments and attempts
58 Justification, excuse and defence
Part IV SUMMARY TRIAL BY DISCIPLINARY OFFICERS
59 Interpretation
60 Summary disposal of charges in First Schedule
61 Charges and jurisdiction
62 Powers of junior disciplinary officers when dealing with charge
63 Powers of a senior disciplinary officer when dealing with charge
64 Powers of superior commander when dealing with charge
65 Restrictions on power to dismiss a charge
66 Remission of case for trial or otherwise
67 Powers of punishment of junior disciplinary officer
68 Powers of punishment of senior disciplinary officer
69 Powers of punishment of a superior commander
70 Power of the Armed Forces Council to deal summarily with charges against lieutenant-colonel and above
71 Compensation
72 Recovery of compensation
73 Power to quash finding of disciplinary officer
74 Inapplicability of law of evidence
75 Right of accused to elect for trial by a subordinate military court
76 Limitation on disciplinary proceedings
77 Record of proceedings
Part V TRIAL BY SUBORDINATE MILITARY COURTS
78 Subordinate military courts
79 Constitution of a general court martial
80 Judge Advocate-General, judge advocates and legal personnel
81 Field general courts martial
82 Ineligibility
83 Members of subordinate military courts may belong to same or different units
84 Record of proceedings
85 Oath and affirmation
86 Challenges by accused
87 Effect of death or sickness on court
88 Power to convict for offence other than that charged
89 Power to order restitution of stolen property
90 Judgment
91 Regulations of procedure
92 Application of the Criminal Procedure Code
93 Procedure in the absence of provisions
94 Proceedings not to be set aside
95 Application of general rules of evidence
96 Military documents as evidence
97 Transcript
98 Representation
99 Publicity
100 Proceedings in camera
101 Publications and photographs
102 Investigation materials before a field military court
103 Independence of subordinate military courts
Supplementary provisions as to trial
104 Person not to be tried twice
105 Trial and punishment of offences where offender ceases to be subject to military law
106 Liability to military law in respect of place of commission of offence
107 Limitation of time for trial of offences
108 Trial of civil offences
109 Summoning and privilege of witnesses at subordinate military courts and misconduct of civilian thereat
110 Evidence of civil conviction or acquittal
111 Evidence of conviction of subordinate military court
Review of findings and sentences of subordinate military courts
112 Review of findings and sentences of subordinate military courts by reviewing authority
113 Power to order a retrial
Part VI PUNISHMENTS OF MILITARY OFFENCES AND EXECUTION OF SENTENCES
Punishments
114 Scale of punishments, etc.
115 Suspension of sentence
Execution of Sentences
116 Commencement of sentences
117 Sentence of detention
118 Civil prisons may receive military prisoners
119 Provisions as to persons unlawfully at large
120 Power of President of Singapore to grant a pardon and to mitigate punishment, etc.
Part VII MILITARY COURT OF APPEAL
General Provisions
121 Establishment, jurisdiction and powers of the Military Court of Appeal
122 Oath and affirmation
123 Lodging of notice of appeal
124 Notice of appeal
125 Delivery of the notice of appeal
126 Convening order
127 Delivery of convening order
128 Withdrawal of appeal
129 Joint or separate appeal
130 Delivery of judgment and record to the Military Court of Appeal
131 Proceedings in Military Court of Appeal
132 Effect of death or sickness on Court
133 Removal from office and bar to serve in Military Court of Appeal, etc.
134 Challenge by accused
Powers of Military Court of Appeal
135 Interpretation
136 Power to quash conviction as wrong in law, etc.
137 Adjustment of sentence in case of conviction on two or more charges
138 Substitution of conviction on different charge
139 Variation of conviction so as to attract different sentence
140 Substitution of finding of insanity or unfitness to plead
141 Term of sentence passed under section 136, 137, 138 or 139
142 Retrial generally excluded
143 Power to authorise retrial in certain cases
144 Implementation of authority for retrial, and supplementary orders of Military Court of Appeal
Supplementary Provisions
145 Presentation of appellant’s case
146 Evidence
147 Mode of taking additional evidence
148 Judgment
149 Judgment to be certified to trial court
150 Appeal not to operate as stay of execution
151 Summary rejection of appeal
152 Reference of point of law to Military Court of Appeal in case of acquittal by subordinate military court
153 Costs of appeal
154 No appeal from Military Court of Appeal
155 Regulations of procedure in Military Court of Appeal
Part VIII ARRESTS, SEARCHES AND INVESTIGATIONS
Arrests
156 General authority
157 Search of place where person sought to be arrested has entered
158 Powers of officers
159 Powers of servicemen
160 Powers of military policemen
161 Power of arrest of suspected deserters
162 Proceedings before a civil court where persons suspected of illegal absence
163 Issue of warrant of arrest
164 Warrants to whom directed
165 Provision for avoiding delay after arrest
Searches
166 Search of persons arrested
167 Power of search by persons of a superior rank
168 Search warrant
169 Searching of women
170 Forms of warrants
Investigations
171 Investigating officers
172 Restriction on powers of investigating officers. First Schedule
173 General powers of investigating officers
174 Witnesses
175 Admissibility of statements
176 No inducement to be offered
Part IX BOARDS OF INQUIRY
177 Board of inquiry
178 Composition
179 Powers
180 Evidence and procedure
181 Admissibility of evidence
182 Sittings not open to public
183 Person who may be affected by finding
184 Record of proceedings
Part X PAY
185 Authorised deductions only to be made from pay
186 Deductions from ordinary pay of servicemen
187 How deduction of pay may be remitted
188 Supplemental provisions as to deductions from ordinary pay
189 Prohibition of assignment of military pay, pensions, etc.
Part XI MISCELLANEOUS
190 Application of emergency powers
191 Emergency powers
192 Compensation and remuneration
193 Obstruction of exercise of emergency powers
194 Exemption of servicemen from certain laws
195 Reduction in rank for inefficiency
196 Mode of complaint by servicemen
197 Regulations
198 Regulations to be presented to Parliament
199 General Orders of Ministry of Defence
200 Savings and transitional provisions
201 Cessation, repeals and amendments
Explanatory Statement
Expenditure of Public Money