Singapore Armed Forces (Amendment) Bill

Bill No. 8/1978

Read the first time on 17th February 1978.

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, 1978, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

New section 4A

2. The Singapore Armed Forces Act, 1972 (hereinafter in this Act referred to as “the principal Act”) is hereby amended by inserting immediately after section 4 thereof the following new section: —

“Liability for offences under the Emergency (Essential Powers) Act

4A.—(1) A person, who was subject to military law under paragraph (a) or (b) of section 3 of this Act and —

(a)	who is liable to render reserve service as a person subject to the Enlistment Act (Cap. 229); or
(b)	who is exempted from liability to render reserve service under section 28 of that Act, but comes within the definition of a person subject to the Enlistment Act in section 2 thereof,

shall be regarded as continuing to be subject to military law and, where such person was a member of the Singapore Armed Forces, be regarded as continuing to be a member of the Singapore Armed Forces, for the purposes of proceedings for such offence under the Emergency (Essential Powers) Act (Cap. 114) as may be prescribed under subsection (5) of this section, notwithstanding that he has been discharged or released from the Singapore Armed Forces or has otherwise ceased to be subject to military law at the time of the commission of the offence.

(2) Subject to the provisions of subsection (1) of section 107 of this Act, where such offence under the Emergency (Essential Powers) Act as may be prescribed under subsection (5) of this section has been committed or is reasonably suspected of having been committed by a person who was, at the time of the commission of the offence, subject to military law under subsection (1) of this section, such person shall —

(a)	be liable to be tried by a subordinate military court for the offence; and
(b)	in relation to that offence, be treated for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of offences, trial and punishment by a subordinate military court, and execution of sentences as continuing to be subject to military law,

notwithstanding that he has been discharged or released from the Singapore Armed Forces or has otherwise ceased to be subject to military law at any time.

(3) Where a person, who is subject to military law by virtue of subsection (1) of this section, is sentenced by a subordinate military court to imprisonment, special detention or detention for such offence under the Emergency (Essential Powers) Act as may be prescribed under subsection (5) of this section, this Act shall apply to him during the term of his sentence, notwithstanding that he has been discharged or released from the Singapore Armed Forces, or has otherwise ceased to be subject to military law; and he may be kept, removed, imprisoned, made to undergo special detention or detention, and punished accordingly as if he continued to be subject to military law.

(4) For the purposes of subsections (2) and (3) of this section a person shall —

(a)	where he was a regular serviceman, be regarded as having the rank that he held on the day of his discharge or release as a regular serviceman; or
(b)	where such person was a full-time national serviceman or reservist, be regarded as having the rank that he held on the day of his release as a full-time national serviceman or as a reservist, if he is no more liable for full-time or reserve service, as the case may be, under the Enlistment Act (Cap. 229); or
(c)	where he remains liable to render reserve service under that Act, be regarded as having the rank that he holds as a reservist in the Singapore Armed Forces or the People’s Defence Force at the date of the trial for such offence.

(5) For the purposes of this section, the Minister may, by order published in the Gazette, prescribe the offences under the Emergency (Essential Powers) Act (Cap. 114), for which a person, who commits any of those offences, may be tried and punished under this Act.”.

Amendment of section 79

3. Section 79 of the principal Act is hereby amended —

(a)	by inserting immediately after the word “Code” appearing in the fifth line of subsection (4A) thereof the expression “or with any other offence for which the punishment of death is authorised under any written law, if the accused were to be tried by a civil court for that other offence”; and
(b)	by inserting immediately after the word “Act” appearing in the sixth line of subsection (5) thereof the expression “or any other written law, if the accused had been tried by a civil court,”.

New sections 96A and 96B

4. The principal Act is hereby amended by inserting immediately after section 96 thereof the following new sections: —

“Certificate relating to controlled drug

96A.—(1) A certificate purporting to be signed by a Government or a Singapore Armed Forces pharmacist or chemist and purporting to relate to a controlled drug shall be admitted in evidence, in any proceedings under this Act for an offence under section 33 of this Act or an offence under the Misuse of Drugs Act, 1973 (Act 5 of 1973), on its production by the prosecution without proof of signature and, until the contrary is proved, such certificate shall be prima facie evidence of all matters contained therein.

(2) In this section, the expression “controlled drug” has the same meaning as in the Misuse of Drugs Act, 1973.

Urine test

96B.—(1) A person subject to military law who has been required by a lawful order or a general order to provide a specimen of his urine for a urine test may, within such time and in such manner as may be prescribed, apply for a second test of the specimen of his urine which is kept for that purpose in accordance with any regulations made under this Act.

(2) If —

(a)	a person is convicted by a subordinate military court as a result of a urine test of the offence of smoking, administering to himself or otherwise consuming a controlled drug under section 33 of this Act or paragraph (b) of section 6 of the Misuse of Drugs Act, 1973; and
(b)	as a result of a second test which has been conducted on the application of such person under subsection (1) of this section it is found that there is no controlled drug in the specimen of his urine,

the Armed Forces Council shall quash the finding of that offence made by the subordinate military court and the sentence imposed by the subordinate military court for that offence.”.

Amendment of section 105

5. Subsection (2) of section 105 of the principal Act is hereby amended —

(a)	by inserting immediately after the word “imprisonment” appearing in the second line thereof the expression “, special detention”; and
(b)	by inserting immediately after the word “undergo” appearing in the seventh line thereof the words “special detention or”.

Amendment of section 108

6. Subsection (1) of section 108 of the principal Act is hereby amended —

(a)

by inserting immediately after sub-paragraph (ii) thereof the following new sub-paragraph: —

“(iii)

if he is convicted of any other offence for which the punishment of death is authorised under any written law had he been convicted by a civil court for such other offence, be liable to suffer death;”;

(b)

by renumbering the existing sub-paragraphs (iii), (iv) and (v) thereof as sub-paragraphs (iv), (v) and (vi) respectively; and

(c)

by deleting the words “by the law of Singapore” appearing at the end of sub-paragraph (vi) thereof and substituting therefor the expression “under any written law, had he been convicted by a civil court for the offence and, in addition to or in lieu of such punishment, one or more of the punishments specified in paragraphs (c), (d), (e), (f), (g), (h), (j), (k) and (l) of subsection (1) of section 114 of this Act, and any punishment which may be imposed under subsections (8), (9), (11) and (12) of that section, which is or are not prescribed by the written law for the offence”.

Amendment of section 114

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

(a)

by inserting immediately after the word “section” appearing in the third line of subsection (1) thereof the expression “and of subsection (1) of section 108 of this Act”;

(b)

by deleting paragraph (e) of subsection (1) thereof and substituting therefor the following paragraphs: —

“(e)	special detention for a term not exceeding three months in a disciplinary barrack;
(f)	detention for a term not exceeding two years;”;

(c)

by re-lettering the existing paragraphs (f), (g), (h), (i), (j) and (k) of subsection (1) thereof as paragraphs (g), (h), (i), (j), (k) and (l) respectively;

(d)

by deleting the words “except that detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment” appearing in the fifth, sixth and seventh lines of subsection (2) thereof; and

(e)

by deleting the word “The” appearing in the first line of subsection (5) thereof and substituting therefor the expression “Subject to the provisions of subsection (1) of section 108 of this Act, the”.

Amendment of section 175

8. Section 175 of the principal Act is hereby amended by deleting subsection (6) thereof and substituting therefor the following subsections: —

“(6) Where a person subject to military law is officially informed that he may be prosecuted for an offence in a subordinate military court, he shall be served with a notice in writing, which shall be explained to him, to the following effect: —

“You have been informed that you may be prosecuted for an offence. Do you wish to say anything in answer to the allegation that you have committed the offence? If there is any fact on which you intend to rely in your defence, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.

(7) Where a person subject to military law is served with a notice under subsection (6) of this section, he shall forthwith be officially informed, orally or in writing, of the date, place and nature of the offence which he is alleged to have committed.

(8) No statement made by an accused person in answer to a written notice served on him pursuant to subsection (6) of this section shall be construed as a statement caused by any inducement, threat or promise as is described in subsection (5) of this section, if it is otherwise voluntary.

(9) In subsections (6) and (7) of this section, “officially informed” means informed by an investigating officer referred to in section 171, and empowered by section 172, of this Act to investigate the offence referred to in subsection (6) of this section.”.

Repeal and re-enactment of section 176

9. Section 176 of the principal Act is hereby repealed and the following substituted therefor: —

“Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when informed that he may be prosecuted for an offence

176.—(1) Where in any proceedings in a subordinate military court against a person, subject to military law, for an offence, evidence is given that the accused on being officially informed that he may be prosecuted for the offence, failed to mention any fact, which in the circumstances existing at the time he could reasonably have been expected to mention when so informed, the subordinate military court, in determining whether there is a case to answer, and in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.

(2) In subsection (1) of this section,

“officially informed” means informed by an investigating officer referred to in section 171, and empowered by section 172, of this Act to investigate into the offence referred to in subsection (1) of this section.

(3) Nothing in subsection (1) or (2) of this section shall in any proceedings in a subordinate military court —

(a)	prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from those subsections; or
(b)	be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from those subsections.

(4) Subsections (1) and (2) of this section shall not apply as regards a failure to mention a fact if the failure occurred before the date of the commencement of the Singapore Armed Forces (Amendment) Act, 1978.”.

Amendment of section 188

10. Subsection (2) of section 188 of the principal Act is hereby deleted and the following substituted therefor: —

“(2) Subject to the following provisions, any such regulations or orders may from time to time declare what shall, for the purposes of the provisions of this Act relating to deductions from pay, be deemed to constitute a day of absence or a day of imprisonment, special detention or detention: —

(a)	no person shall be treated as absent, imprisoned, specially detained or detained, for those purposes, unless the absence, imprisonment, special detention or detention has lasted for at least six hours, except where the absence prevented the absentee from fulfilling any military duty;
(b)	a period of absence, imprisonment, special detention or detention which commences before and ends after midnight may be reckoned as a day;
(c)	the number of days shall be reckoned as from the time when the absence, imprisonment, special detention or detention commences; and
(d)	no period of less than twenty-four hours shall be reckoned as more than one day.”.

New section 189A

11. The principal Act is hereby amended by inserting immediately before section 190 thereof the following new section: —

“Write off of public property

189A.—(1) Without prejudice to the provisions of section 19 of the Financial Procedure Act (Cap. 68) —

(a)

where during or at the conclusion of a trial by a disciplinary officer or subordinate military court, the disciplinary officer or subordinate military court —

(i)	makes an order under subsection (2) of section 68 or subsection (2) of section 69, or paragraph (j) of subsection (1) of section 114 of this Act, 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; or
(ii)	makes an order under section 71 or subsection (12) of section 114 of this Act, 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; or

(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 the Armed Forces Council under section 70 of this Act; or

(c)

where upon the determination of an appeal, the Military Court of Appeal —

(i)	makes an order under section 136 of this Act 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; or
(ii)	substitutes under section 137, 138 or 139 of this Act 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; or
(iii)	dismisses under section 136 of this Act 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; or
(iv)	dismisses under section 136 of this Act 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 136 of this Act 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; or

(d)

where pursuant to subsection (1) of section 73 or subsection (6) of section 112 of this Act, 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 IX of this Act 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 subsection (2) of section 186 of this Act,

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 such conditions or restrictions as it thinks fit, delegate to a person the exercise of the power vested in it by subsection (1) of this section.

(3) The Armed Forces Council may exercise the power conferred upon it by subsection (1) of this section notwithstanding that it has delegated its powers under subsection (2) of this section.

(4) In subsection (1) of this section —

“loss of property” includes destruction of or damage to such property; and

“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, pursuant to subsection (3) of section 7 of this Act, appointed a committee to exercise the powers conferred upon it —

(a)	by section 70 of this Act in relation to an officer of or above the rank of lieutenant-colonel, a reference to a charge dealt with by the Armed Forces Council in paragraph (b) of subsection (1) of this section shall be construed as a reference to a charge dealt with by the committee; or
(b)	by subsection (1) of section 73 of this Act in relation to a serviceman, who is serving in Singapore, a reference to an order made or quashed by the Armed Forces Council in paragraph (d) of subsection (1) of this section in respect of that serviceman shall be construed as a reference to an order made or quashed by the committee; or
(c)	by subsection (2) of section 186 of this Act in relation to a serviceman, a reference to an order made by the Armed Forces Council in paragraph (e) of subsection (1) of this section in respect of that serviceman shall be construed as a reference to an order made by the committee.

(6) Where the Armed Forces Council has —

(a)	pursuant to subsection (3) of section 73 of this Act, appointed an officer to exercise the powers conferred upon it by subsection (1) of that section 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 subsection (2) of section 112 of this Act,

a reference to an order made or quashed by the Armed Forces Council in paragraph (d) of subsection (1) of this section in respect of that serviceman shall be construed as a reference to an order made or quashed by the officer or committee, as the case may be.”.

Repeal and re-enactment of section 197

12. Section 197 of the principal Act is hereby repealed and the following substituted therefor: —

“Regulations

197.

(1)	The Armed Forces Council may make regulations in respect of all or any of the following matters: —
(a)	the government, administration and organisation of the Singapore Armed Forces;
(b)	ranks of servicemen;
(c)	powers of commanders;
(d)	powers of disciplinary officers;
(e)	procedure and practice in summary trials;
(f)	powers and duties of military policemen;
(g)	arrests and searches and investigation of offences;
(h)	payments, deductions, forfeitures, pensions, gratuities and other allowances;
(i)	terms and conditions of service of servicemen including classes or categories of servicemen and periods of service;
(j)	terms and conditions of service of the president of the Military Court of Appeal and the registrar thereof;
(k)	boards of inquiry;
(l)	military decorations;
(m)	military funerals and burials at sea;
(n)	military prisons, disciplinary barracks and detention barracks;
(o)	the committal of persons under military sentences of imprisonment, special detention or detention to military prisons, disciplinary barracks or detention barracks, as the case may be, their removal from one place to another or from one form of custody to another and their release when their terms of imprisonment, special detention or detention have ended;
(p)	the provision, classification, regulation and management of military prisons, disciplinary barracks and detention barracks;
(q)	the classification, treatment, employment, discipline and control of persons serving military sentences of imprisonment, special detention or detention or in military custody;
(r)	the temporary release on compassionate grounds of persons serving such sentences in military prisons, disciplinary barracks or detention barracks, the cases in which, periods for which and conditions subject to which they may be allowed out of any of those places and the remission of part of any such sentence for good conduct and industry;
(s)	the appointment, powers and duties of inspectors, visitors and officers and other members of the staff of military prisons, disciplinary barracks and detention barracks;
(t)	the establishment, maintenance and application of a fund to be known as the Singapore Armed Forces Central Welfare Fund; and
(u)	all other matters which the Armed Forces Council considers necessary or expedient for the purposes of this Act.”.

New section 197A

13. The principal Act is hereby amended by inserting immediately after section 197 thereof the following new section: —

“Pensions

197A.—(1) There shall be charged on and paid out of the Consolidated Fund all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act or any regulations made pursuant to section 197 of this Act.

(2) A pension, gratuity or other allowance granted under this Act or any regulations made pursuant to section 197 of this Act shall not be assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of a debt or claim, except for the purpose of satisfying —

(a)	a debt due to the Government; or
(b)	an order of a court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child, whether legitimate or not, of the serviceman to whom the pension, gratuity or other allowance has been granted.”.

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