On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/08/2012.
5.
—(1) A person, who was subject to military law under section 3(a) or (b) and —
(a)
who is liable to render operationally ready national service as a person subject to the Enlistment Act (Cap. 93); or
(b)
who is exempted from liability to render operationally ready national service under section 28 of that Act, but comes within the definition of a person subject to the Enlistment Act in section 2 of that Act,
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. 90) as may be prescribed under subsection (5), 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.
[17/78; 20/94]
(2) Subject to section 111(1), where such offence under the Emergency (Essential Powers) Act as may be prescribed under subsection (5) 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), 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), is sentenced by a subordinate military court to imprisonment, special detention or detention for such offence under the Emergency (Essential Powers) Act (Cap. 90) as may be prescribed under subsection (5), 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), a person shall —
(a)
subject to paragraph (c), where he was a regular serviceman, be regarded as having the rank or service grade that he held on the day of his discharge or release as a regular serviceman;
(b)
where he was a full-time national serviceman or an operationally ready national serviceman, be regarded as having the rank that he held on the day of his release as a full-time national serviceman or as an operationally ready national serviceman, if he is no more liable for full-time service or operationally ready national service, as the case may be, under the Enlistment Act (Cap. 93); or
(c)
where he remains liable to render operationally ready national service under the Enlistment Act, be regarded as having the rank that he holds as an operationally ready national serviceman in the Singapore Armed Forces or the People’s Defence Force at the date of the trial for such offence.
[20/94]
(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. 90), for which a person, who commits any of those offences, may be tried and punished under this Act.
* G.N. No. S 96/78.