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Singapore Armed Forces (Amendment) Bill

Bill No. 22/1975

Read the first time on 24th March 1975.

An Act to amend the Singapore Armed Forces Act, 1972 (No. 7 of 1972).

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, 1975 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 of the Singapore Armed Forces Act, 1972 (hereinafter in this Act referred to as “the principal Act”) is hereby amended by inserting immediately after the definition of “detention barracks” appearing in subsection (1) thereof the following definition: —

“ “disciplinary barrack” means any premises or place set apart by the Armed Forces Council for the purposes of persons serving sentences of special detention in a disciplinary barrack;”.

New section 69A

3. The principal Act is hereby amended by inserting immediately after section 69 thereof the following section: —

“Detention in default of fine

69A.—(1) A disciplinary officer, if he is empowered under this Act to impose detention as a punishment, may direct that in default of the payment of any fine imposed by him on any offender, the offender shall, subject to subsection (2) of this section, undergo detention for such period as the disciplinary officer may determine.

(2) The period of detention which a disciplinary officer may direct under subsection (1) of this section shall be as follows: —

(a)	if the fine does not exceed fifty dollars, detention for a period not exceeding ten days;
(b)	if the fine exceeds fifty dollars but does not exceed one hundred dollars, detention for a period not exceeding twenty days; and
(c)	in any other case, detention for a period not exceeding forty days,

and such detention shall take effect from such date as the disciplinary officer may direct and shall terminate whenever the fine is paid.”.

Repeal and re-enactment of section 70

4. Section 70 of the principal Act is hereby repealed and the following substituted therefor: —

“Power of the Armed Forces Council to deal summarily with charges against lieutenant-colonel and above

70.—(1) A charge against an officer of or above the rank of lieutenant-colonel may be dealt with summarily by the Armed Forces Council.

(2) The Armed Forces Council may dismiss the charge if it, in its discretion, thinks that it ought not to be proceeded with or may deal with the case summarily and upon conviction of the accused impose either or both of the following punishments: —

(a)	forfeiture of seniority of rank and forfeiture of all or any part of service for purposes of promotion;
(b)	reprimand.

(3) Where the Armed Forces Council 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 Council shall refer the charge to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act who shall direct that a charge be submitted to the convening authority.

(4) Where the Armed Forces Council 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 paragraph (a) of subsection (5) of section 80 of this Act.”.

Amendment of section 73

5. Section 73 of the principal Act is hereby amended by inserting immediately after subsection (3) thereof the following subsections: —

“(4) When 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 paragraph (a) of subsection (1) of this section it may refer the case to be retried by the same or another disciplinary officer.

(5) The Armed Forces Council may at any time suspend the execution of any sentence passed by a disciplinary officer for such period as it thinks fit.”.

Repeal and re-enactment of section 76

6. Section 76 of the principal Act is hereby repealed and the following substituted therefor: —

“Limitation on disciplinary proceedings

76.—(1) Subject to subsection (2) of this section no person shall be tried by a disciplinary officer after the expiry of six months from the date of the commission of the offence.

(2) A person may be tried by a disciplinary officer within three years of the date of commission of the offence if he is a reservist or has been released or discharged within six months after the commission of the offence.”.

Amendment of section 79

7. Section 79 of the principal Act is hereby amended by inserting immediately after subsection (4) thereof the following subsection: —

“(4A) Notwithstanding anything to the contrary in this section, where the accused is charged with murder or culpable homicide not amounting to murder or with an offence under section 121 or 121A of the Penal Code (Cap. 103), the president of a general court martial shall be a Judge of the Supreme Court appointed by the Chief Justice.”.

Amendment of section 85

8. Section 85 of the principal Act is hereby amended by deleting the full-stop appearing at the end of subsection (1) thereof and substituting therefor a colon and by inserting immediately thereafter the following proviso: —

“Provided that a Judge of the Supreme Court acting as president of a subordinate military court shall take in the presence of the Chief Justice the oath or affirmation of allegiance in the prescribed form before he enters upon the execution of his office.”.

Amendment of section 86

9. Section 86 of the principal Act is hereby amended by inserting immediately after the word “thereof” appearing in the fifth line of subsection (1) thereof the words “except a president who is a Judge of the Supreme Court”.

Repeal and re-enactment of section 90

10. Section 90 of the principal Act is hereby repealed and the following substituted therefor: —

“Decision

90. On the termination of hearing, a subordinate military court shall, either at once or on some future date which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, announce its finding or sentence or both.”.

Repeal and re-enactment of section 92

11. Section 92 of the principal Act is hereby repealed and the following substituted therefor: —

“Application of the Criminal Procedure Code

92.—(1) Without prejudice to the provisions of section 91 of this Act, sections 151 to 171, 214 (other than paragraph (d) thereof), 215, 217 to 220, 222, 223, 229, 230, 297 to 309, 328 to 330, 347 to 359, 361, 363 to 374, 376 to 382, 384 and 385 to 389 of the Criminal Procedure Code (Cap. 113) shall, in so far as they are not inconsistent with the provisions of this Act, or any regulations made thereunder, apply mutatis mutandis to proceedings before and punishments awarded by subordinate military courts.

(2) A subordinate military court when invoking section 214 of the Criminal Procedure Code (other than paragraph (d) thereof) may award detention or special detention in a disciplinary barrack instead of imprisonment.

(3) Section 221 of the Criminal Procedure Code shall apply to any sentence of caning awarded or imposed under this Act notwithstanding any other provisions of this Act or any regulations made thereunder.

(4) In exercising the powers under section 223 of the Criminal Procedure Code (Cap. 113) a subordinate military court may award any less punishment authorised by this Act instead of imprisonment.

(5) The Minister may, by order published in the Gazette, provide for the application of such other provisions of the Criminal Procedure Code as he thinks fit for the purposes of investigation, trial and punishment of offences punishable under this Act, subject to any modifications as may be specified in the order.”.

Amendment of section 108

12. Section 108 of the principal Act is hereby amended by deleting subsection (2) thereof and substituting therefor the following: —

“(2) A person subject to military law shall not be tried by a subordinate military court for murder or culpable homicide not amounting to murder unless —

(a)	the person against whom the offence was committed was at the time of the offence subject to military law; or
(b)	the offence was committed while on active service.”.

Amendment of section 112

13. Section 112 of the principal Act is hereby amended by deleting subsection (4) thereof and substituting therefor the following: —

“(4) The reviewing authority may —

(a)	at any time on its own motion; and
(b)	upon receipt of a petition under subsection (3) of this section shall, as soon as practicable after considering the matters alleged in the petition,

review the finding or sentence.”.

Amendment of section 114

14. Section 114 of the principal Act is hereby amended —

(a)

by inserting immediately after the word “years” appearing at the end of paragraph (e) of subsection (1) thereof the words “or special detention not exceeding three months in a disciplinary barrack”;

(b)

by inserting immediately after the word “imprisonment” appearing in paragraphs (a) and (b) of subsection (4) thereof the words “or special detention in a disciplinary barrack”;

(c)

by inserting immediately after subsection (4) thereof the following subsection: —

“(4A) A discharge with ignominy under this section shall not affect the liability of any person to perform national service under the Enlistment Act (Cap. 229).”;

(d)

by inserting immediately after subsection (13) thereof the following subsection: —

“(13A) In addition to or in lieu of any other punishment, where a person has been convicted of an offence under sections 16, 18, 20, 21, 22 and 46 of this Act, a subordinate military court may sentence him to caning not exceeding twelve strokes but such sentence shall not be carried into effect unless confirmed by the Armed Forces Council.”; and

(e)

by deleting the words “of subsection (1)” appearing in the seventh line of subsection (14) thereof.

New section 114A

15. The principal Act is hereby amended by inserting immediately after section 114 thereof the following section: —

“Punishment for aggravated disciplinary barrack offences

114A.—(1) Subject to subsection (2) of this section, a person serving a sentence of special detention in a disciplinary barrack who is found after due inquiry to be guilty of an aggravated disciplinary barrack offence may be punished by the officer-in-charge of a disciplinary barrack with caning not exceeding twelve strokes.

(2) The officer-in-charge of a disciplinary barrack shall not award any caning without the approval of the Armed Forces Council.

(3) For the purposes of this section, an aggravated disciplinary barrack offence is —

(a)	mutiny as defined in section 14 of this Act;
(b)	escape or attempt to escape;
(c)	striking or otherwise using violence to, or offering violence to, any person superior in rank or on the staff of the disciplinary barrack;
(d)	aggravated or repeated assault on any other person serving special detention in a disciplinary barrack;
(e)	wilful destruction of Singapore Armed Forces property;
(f)	wilfully causing self-illness, self-injury or disability;
(g)	wilfully making a false or groundless complaint against any person superior in rank or on the staff of the disciplinary barrack;
(h)	repetition of any minor disciplinary barrack offence after having been twice punished for such minor offence;
(i)	any other act of gross misconduct or insubordination; or
(j)	abetting the commission of any aggravated disciplinary barrack offence.

(4) Minor disciplinary barrack offences shall be prescribed by regulations made under this Act.

(5) When any caning is imposed under this section upon any person serving a sentence of special detention in a disciplinary barrack he shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which he has been sentenced.”.

Repeal and re-enactment of section 115

16. Section 115 of the principal Act is hereby repealed and the following substituted therefor: —

“Suspension of sentence

115.—(1) The following provisions of this section shall have effect in relation to the suspension of a sentence of imprisonment or special detention in a disciplinary barrack or detention passed by a subordinate military court or by a disciplinary officer.

(2) It shall be lawful for a subordinate military court or a disciplinary officer when passing a sentence of imprisonment or special detention in a disciplinary barrack or detention to order that the sentence shall be suspended and the accused shall not in that event be committed to prison or disciplinary barrack or detention barrack.

(3) Where any such sentence is suspended and the offender so sentenced is sentenced for a fresh offence during the period of suspension —

(a)	by a subordinate military court to imprisonment or special detention in a disciplinary barrack or to detention; or
(b)	by a disciplinary officer to detention,

then the court or the disciplinary officer may cancel the suspension of the earlier sentence and the court or the disciplinary officer shall direct whether the two sentences are to run concurrently or consecutively.”.

Amendment of section 116

17. Section 116 of the principal Act is hereby amended —

(a)	by deleting the expression “imprisonment,” appearing in the first line of subsection (1) thereof and substituting therefor the words “imprisonment or special detention in a disciplinary barrack”; and
(b)	by inserting immediately after the word “imprisonment” appearing in the first line of subsection (2) thereof the words “or special detention in a disciplinary barrack”.

Amendment of section 117

18. Section 117 of the principal Act is hereby amended —

(a)

by inserting immediately after the word “detention” appearing in the marginal note thereto the words “or special detention in disciplinary barrack”; and

(b)

by inserting immediately after subsection (2) thereof the following subsection: —

“(2A) A person sentenced to special detention in a disciplinary barrack shall, unless otherwise provided for in the regulations, serve his sentence in a disciplinary barrack.”.

New section 119A

19. The principal Act is hereby amended by inserting immediately after section 119 thereof the following section: —

“Mode of executing a sentence of caning

119A.—(1) The provisions of this section shall apply to a sentence of caning awarded in respect of an offence specified in subsection (13A) of section 114 or in section 114A of this Act.

(2) In no case shall the caning awarded at any one trial exceed twenty-four strokes in the case of a person of the age of sixteen years and above or ten strokes in the case of a person below the age of sixteen years.

(3) Caning shall be inflicted on such part of the person as the Minister may direct.

(4) The rattan shall not exceed one-quarter of an inch in diameter.

(5) In no case shall a sentence of caning be inflicted upon any person under this section until a medical certificate has been issued by a medical officer to the effect that such person is in a fit condition of health to undergo the punishment.

(6) A person on whom caning is to be inflicted shall wear such protective clothing as may be prescribed.”.

Amendment of section 121

20. Section 121 of the principal Act is hereby amended —

(a)

by deleting the words “High Court nominated” appearing in the fourth line of subsection (1) thereof and substituting therefor the words “Supreme Court appointed”;

(b)

by inserting immediately after subsection (2) thereof the following subsection: —

“(2A) Notwithstanding subsections (1) and (2) of this section, where an appeal is made to the Military Court of Appeal in a case of murder or culpable homicide not amounting to murder or an offence under section 121 or 121A of the Penal Code (Cap. 103), the Court shall consist of a president and two other members all of whom shall be Judges of the Supreme Court appointed by the Chief Justice.”; and

(c)

by deleting subsection (9) thereof and substituting therefor the following: —

“(9) An appeal against an acquittal by a subordinate military court or a sentence of a subordinate military court which is manifestly inadequate may be made by the person appointed under paragraph (a) of subsection (5) of section 80 of this Act.”.

Repeal and re-enactment of sections 123 and 124

21. Sections 123 and 124 of the principal Act are hereby repealed and the following substituted therefor: —

“Notice and petition of appeal

123.—(1) An appeal shall be brought by way of a notice of appeal, signed by the appellant, which shall be lodged with the registrar of the Military Court of Appeal.

(2) A notice of appeal shall be lodged within ten days after the date on which the decision appealed against was given:

Provided that the Military Court of Appeal may, on the application of any party desirous of appealing showing sufficient cause, extend the time for the lodging of an appeal upon such terms and subject to such directions as the Court thinks fit.

(3) The other party to the proceedings before the subordinate military court from whose decision or sentence the appeal is lodged shall be the respondent to the appeal.

(4) Every notice of appeal shall contain an address to which any notices or documents connected with the appeal may be served upon the appellant or his counsel.

(5) When a notice of appeal has been lodged the registrar of the Military Court of Appeal shall cause to be served on the appellant or his counsel by leaving at the address, mentioned in the notice of appeal, or by posting it by registered post addressed to the appellant at that address, a copy of the grounds of decision in the case signed by the president of the subordinate military court and a copy of the record of proceedings.

(6) Within ten days or such extension of time as the Military Court of Appeal may permit, after the copies of the grounds of decision and of the record of proceedings have been served as provided in subsection (5) of this section, the appellant or his counsel shall lodge with the registrar of the Military Court of Appeal a petition of appeal signed by the appellant or his counsel and addressed to the Military Court of Appeal.

(7) Every petition of appeal shall state shortly the substance of the judgment appealed against and the grounds of appeal and shall include particulars of the points of law or fact in regard to which the subordinate military court is alleged to have erred.

(8) Except by leave of the Military Court of Appeal the appellant shall not be permitted at the hearing of the appeal to rely on any grounds of appeal other than those set forth in the petition of appeal.

(9) If a petition of appeal is not lodged within the time prescribed by this section the appeal shall be deemed to have been withdrawn and the subordinate military court shall enforce its sentence or order where there has been a stay of execution, but nothing in this subsection shall limit or restrict the power of extending the time for appeal and for the lodging of a petition of appeal conferred upon the Military Court of Appeal by subsections (2) and (6) of this section.

Bail

124. A subordinate military court may grant bail to any person who has lodged a notice of appeal against his conviction in accordance with section 123 of this Act.”.

Amendment of section 126

22. Section 126 of the principal Act is hereby amended by deleting the word “an” appearing in subsection (1) thereof and substituting therefor the words “a petition of”.

Amendment of section 177

23. Section 177 of the principal Act is hereby amended by inserting immediately after the word “other” appearing in the second line of subsection (1) thereof the words “person or”.

New section 179A

24. The principal Act is hereby amended by inserting immediately after section 179 thereof the following section: —

“Application of section 109 to board of inquiry

179A. Section 109 of this Act shall apply, mutatis mutandis, to a board of inquiry convened under this Part.”.

Amendment of section 186

25. Section 186 of the principal Act is hereby amended —

(a)

by deleting sub-paragraph (iii) of paragraph (a) of subsection (1) thereof and substituting therefor the following: —

“(iii)

for every day of imprisonment, special detention in a disciplinary barrack, detention or field punishment awarded by a subordinate military court or detention awarded by a disciplinary officer and for every day while a serviceman is under close arrest or civil custody on a charge for an offence of which he is afterwards convicted by a subordinate military court or a civil court, or by a disciplinary officer or the Armed Forces Council;”; and

(b)

by deleting the words “by it” appearing in the fourth line of subsection (2) thereof.

Amendment of section 197

26. Section 197 of the principal Act is hereby amended —

(a)

by deleting the word “and” appearing at the end of paragraph (s) thereof;

(b)

by inserting immediately after paragraph (s) thereof the following paragraph: —

“(t)	the establishment, maintenance and application of a fund to be known as the Singapore Armed Forces Central Welfare Fund; and”; and

(c)

by re-lettering the existing paragraph (t) thereof as paragraph (u).