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Contents

Long Title

Part I PRELIMINARY

Part II ORGANISATION OF SINGAPORE ARMED FORCES

Part III MILITARY OFFENCES

Part IV SUMMARY TRIAL BY DISCIPLINARY OFFICERS

Part V TRIAL BY SUBORDINATE MILITARY COURTS

Supplementary provisions as to trial

Review of findings and sentences of subordinate military courts

Part VI PUNISHMENTS OF MILITARY OFFENCES AND EXECUTION OF SENTENCES

Punishments

Execution of sentences

Part VII MILITARY COURT OF APPEAL

General provisions

Powers of Military Court of Appeal

Supplementary provisions

Part VIII ARRESTS, SEARCHES AND INVESTIGATIONS

Arrests

Searches

Investigations

Part IX BAIL AND BONDS

Part X BOARDS OF INQUIRY

Part XI PAY

Part XII EMERGENCY POWERS

Part XIIA AID TO CIVILIAN AUTHORITIES

Part XIII MISCELLANEOUS

THE SCHEDULE Specified Offences

Legislative History

Comparative Table

 
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On 22/05/2013, you requested for the version in force on 22/05/2013 incorporating all amendments published on or before 22/05/2013. The closest version currently available is that of 01/08/2012.
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Interpretation
2.
—(1)  In this Act, unless the context otherwise requires —
“aircraft” means any machine for flying whether propelled by mechanical means or not and includes any description of balloon;
“Armed Forces Council” means the Armed Forces Council established under section 8;
“arms” includes parts and accessories of arms, ammunition, explosives whether encased or not and instruments used as aids to operation or adjustment of arms, whether the arms are serviceable or not;
“arrest” includes open arrest;
“before the enemy”, in relation to a person, means that he is in action against the enemy or about to go into action against the enemy or is under attack or threat of imminent attack by the enemy;
“civil court” means a court of ordinary criminal jurisdiction constituted under any written law in force relating to courts;
“civil offence” means an offence punishable under any written law in force other than a military offence;
“civil prison” means a prison declared as such under section 3 of the Prisons Act (Cap. 247);
“commander”, in relation to any person subject to military law, means an officer of or above the rank of captain or a senior military expert for the time being commanding a unit or units or part of a unit of the Singapore Armed Forces;
“convening authority” means —
(a)
in the case of a general court martial, the officer of or above the rank of major, or the senior military expert of or above the rank of ME5, appointed by the Armed Forces Council for the purpose of being the convening authority for general courts martial; or
(b)
in the case of a field general court martial, a convening officer;
“convening officer” means a commander referred to in section 83(1);
“detention barracks” means any building or part of a building which is set apart by the Armed Forces Council for the purpose of persons serving sentences of detention;
“Director, Legal Services of the Singapore Armed Forces” means the person appointed by the Armed Forces Council under section 82(5)(a);
“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;
“disciplinary officer” means a junior disciplinary officer, a senior disciplinary officer and a superior commander each being qualified to be such or being designated as such pursuant to the provisions of Part IV and includes a Service Chief and the Chief of Defence Force;
“enemy” includes persons engaged in violent operations against the Singapore Armed Forces, armed mutineers, armed rebels, armed rioters or pirates;
“general courts martial panel” means the panel appointed by the convening authority under section 80A;
“general orders” includes orders of the Armed Forces Council, General Orders of the Ministry of Defence, standing orders, routine orders and other general orders published in writing in accordance with military usage;
“Military Court of Appeal” means the Court established under Part VII;
“military custody” means any place designated by the Armed Forces Council pursuant to regulations made under this Act which according to military usage is used for keeping offenders under arrest awaiting trial or on remand;
“military documents” includes reports, certificates, returns, pay lists, forms and any other documents in use in the Singapore Armed Forces;
“military expert” means a serviceman in the military domain experts service;
“military offence” means an offence punishable under this Act;
“military policeman” means a serviceman appointed to be a military policeman;
“military prison” means any building or part of a building under the control of the Armed Forces Council which is set apart by the Armed Forces Council for the purpose of persons serving sentences of imprisonment;
“national serviceman” has the same meaning as in the Enlistment Act (Cap. 93);
“non-uniformed serviceman” means a regular serviceman who is not required under his terms of service to wear military uniform;
“officer” means a person appointed by the President of Singapore or the proper authority to hold the rank of officer in the Singapore Armed Forces and includes any person commissioned as an officer under any written law that is repealed by this Act;
“operationally ready national serviceman” means a person liable to render operationally ready national service under the Enlistment Act (Cap. 93);
“proper authority” has the same meaning as in the Enlistment Act;
“publication” and “words” have the same meanings as in the Sedition Act (Cap. 290);
“qualified person” has the same meaning as in the Legal Profession Act (Cap. 161);
“registrar for subordinate military courts” means the person appointed by the Armed Forces Council as registrar for subordinate military courts under section 82(5)(c);
“regular serviceman” has the same meaning as in the Enlistment Act;
“senior military expert” means a military expert of or above the rank of ME4;
“sentence” means a punishment imposed on a convicted person;
“Service Chief” means the Chief of Air Force, the Chief of Army or the Chief of Navy;
“serviceman” means an officer, a soldier, a military expert or a non-uniformed serviceman of the Singapore Armed Forces, and includes a servicewoman;
“sickness” includes permanent or temporary illness, disability or injury;
“Singapore Armed Forces” means the Singapore Armed Forces raised and maintained under section 7;
“Singapore Armed Forces property” includes property in the possession, control or occupancy of the Singapore Armed Forces;
“soldier” means any person, other than an officer, a senior military expert or a non-uniformed serviceman, who is a member of the Singapore Armed Forces, and includes any such person who is a servicewoman;
“subordinate military courts” means general courts martial and field general courts martial from the decisions of which by reason of this Act there is a right of appeal to the Military Court of Appeal;
“summary trial” means a trial by a disciplinary officer under Part IV;
“vessel” includes a hovercraft;
“volunteer” means a person accepted by the proper authority as a volunteer in the Singapore Armed Forces;
“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.
[20/75; 1/91; 1/94; 20/94; 10/2000]
(2)  In any written law or any document —
(a)
all references to “the Army Board” shall be construed as references to the Armed Forces Council constituted under this Act;
(b)
all references to “court-martial” shall be construed as references to the subordinate military courts constituted under this Act;
(c)
all references to “Singapore armed forces” “Singapore Army”, “Singapore forces” and “the army, navy or air force of Singapore” shall be construed as references to the Singapore Armed Forces constituted under this Act;
(d)
all references to “a person holding a commission in the armed forces” shall be construed as references to an officer under this Act; and
(e)
all references to “a soldier, enlisted personnel, sailor, seaman, rating or airman” shall be construed as references to a serviceman under this Act.
[1/94]
(3)  For the purposes of this Act, if not inconsistent with the context, the expression “on active service” as applied to a person subject to military law means whenever he is attached to or forms part of a force which is engaged in operations against the enemy or is engaged in military operations in a country or place wholly or partly occupied by an enemy, or is in military occupation of any foreign country.
(4)  Notwithstanding subsection (3), where any part of the Singapore Armed Forces is serving, or due to serve, outside Singapore under conditions that do not, or will not, amount to “active service” as defined in subsection (3), the Armed Forces Council may declare that that part of the Singapore Armed Forces shall be temporarily subject to this Act, as if that part of the Forces was on active service.
(5)  On the publication of any declaration under subsection (4), the forces to which the declaration applies shall be deemed to be on active service until the declaration is cancelled by the Armed Forces Council.