PART III

MILITARY OFFENCES

Misconduct in action
11. —(1) Every person subject to military law who, without lawful excuse —

(a) surrenders any place or thing to the enemy; or

(b) abandons any place or thing which it is his duty to defend against the enemy or to prevent from falling into the hands of the enemy,

shall be guilty of an offence.

(2) Every person subject to military law shall be guilty of an offence under this section if, being in the presence or vicinity of the enemy, or being engaged in any action or operation against the enemy or under orders to be prepared for any action or operation by or against the enemy, he —

(a) fails to use his utmost exertions to carry the lawful orders of his superior officers into execution;

(b) while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having been regularly relieved, leaves any place where it is his duty to be; or

(c) behaves in such a manner as to show cowardice, or induces any other person so to behave at a time when that other person, being a member of the Singapore Armed Forces or of any force co-operating therewith is in the presence or vicinity of the enemy, or is engaged in any action or operation against the enemy or under orders to be prepared for any action or operation by or against the enemy.

(3) Every person guilty of an offence under this section shall be liable on conviction by a subordinate military court to suffer death or any less punishment authorised by this Act.

Assisting enemy
12. Every person subject to military law who, knowingly and without lawful excuse —

(a) communicates with or gives intelligence to the enemy;

(b) fails to make known to the proper authorities any information received by him from the enemy;

(d) having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner not authorised by international usage;

(e) harbours or protects an enemy not being a prisoner of war or knowingly does any other act to prevent the capture of an enemy;

(f) surrenders himself to the enemy or leaves the battle;

(g) without authority transmits or discloses any information to the enemy regarding the Singapore Armed Forces or any forces co-operating therewith; or

(h) does any act calculated to imperil the success of any military action or operation of the Singapore Armed Forces or of any forces co-operating therewith or wilfully delays or discourages upon any pretext any such action or operation,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to suffer death or any less punishment authorised by this Act.

Unauthorised disclosure of information
13. —(1) Every person subject to military law who without lawful authority discloses or purports to disclose, whether orally, in writing, by signal or by any other means, information relating to any matter upon which information would or might be useful to an enemy shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

(2) It shall be a defence for a person charged with an offence under this section that he did not know and had no reasonable cause to believe that the information disclosed related to a matter upon which information would or might be, directly or indirectly, useful to an enemy.

Offences in connection with captivity
14. Every person subject to military law who —

(a) is captured by the enemy through his negligence or disobedience; or

(b) being captured by the enemy, does not take any reasonable steps which are available to him to rejoin the Singapore Armed Forces or prevents or discourages any other person who has been captured from taking such steps,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act.

Mutiny
15. —(1) Every person subject to military law who —

(a) takes part in a mutiny involving the use of violence or the threat of the use of violence, or having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against, the enemy, or the impeding of the performance of any such duty or service; or

(b) incites any person subject to military law to take part in such a mutiny, whether actual or intended,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 10 years or any less punishment authorised by this Act; and if the offence is committed in the face of the enemy or involves the use of violence he shall be punished with death.

(2) Every person subject to military law who, in a case not falling within subsection (1), takes part in a mutiny, or incites any person subject to military law to take part in a mutiny, whether actual or intended, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 10 years or any less punishment authorised by this Act.

(3) For the purposes of this section, “mutiny” means a combination of 2 or more persons subject to military law —

(a) to overthrow or resist lawful authority in the Singapore Armed Forces or any forces co-operating therewith or any part of those forces;

(b) to disobey lawful authority in such circumstances as to make the disobedience subversive of discipline or with the object of avoiding any duty or service against the enemy or in connection with operations against the enemy; or

(c) to impede the performance of any duty or service in the Singapore Armed Forces or in any forces co-operating therewith or any part of those forces.

Offences by or in relation to sentries, persons on watch, etc.
16. Every person subject to military law who —

(a) while on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate traffic by land, water or air, sleeps or, without having been regularly relieved, leaves any place where it is his duty to be;

(b) strikes or otherwise uses force against a member of the Singapore Armed Forces or of any forces co-operating therewith, who is on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate traffic by land, water or air; or

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Disobedience of, non-compliance with lawful orders, etc.
17. —(1) Every person subject to military law who by words or behaviour wilfully disobeys any lawful order, by whatever means communicated to him, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years, and, if the offence is committed during active service, such person shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act.

(2) Every person subject to military law who does not comply with any lawful order or neglects to perform or negligently performs any lawful duty or order shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years, and, if the offence is committed during active service, such person shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act.

Looting
18. Every person subject to military law who —

(a) steals from or, with intent to steal, searches the person of anyone killed, wounded or captured in the course of warlike operations, or killed, injured or detained in the course of operations undertaken by the Singapore Armed Forces for the preservation of law and order or otherwise in aid of the civil authorities;

(b) steals any property which has been left exposed or unprotected in consequence of any such operations as are mentioned in paragraph (a); or

(c) takes, otherwise than for the purposes of the Singapore Armed Forces, any aircraft, vessel, arms, vehicle, equipment or stores abandoned by the enemy,

shall be guilty of the offence of looting and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act.

Insubordinate behaviour
19. —(1) Every person subject to military law who —

(a) strikes or otherwise uses violence to, or offers violence to, a person superior in rank or appointment; or

(b) uses threatening or insubordinate language or gestures to, or behaves with contempt to a person superior in rank or appointment,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years and if the offence is committed during active service, for a term not exceeding 5 years or any less punishment authorised by this Act.

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(2) It shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a person superior in rank or appointment.

Obstruction of military policemen
20. —(1) Every person subject to military law who obstructs or, when called upon, refuses to assist any military policeman or person legally exercising authority under or on behalf of a military policeman shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act

Disobedience of general orders
21. Every person subject to military law who contravenes or fails to comply with any lawful provision of general orders, being a provision known to him or which he might reasonably be expected to know, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Absence without leave
22. —(1) Every person subject to military law who is absent without leave from service in the Singapore Armed Forces or from the place where he is lawfully required for the time being to be shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(2) It shall be a defence for any person charged under this section to prove that his absence was a result of circumstances over which he had no control.

Desertion
23. —(1) Every person subject to military law who deserts shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 10 years or any less punishment authorised by this Act.

(2) For the purposes of this section, a person deserts if he —

(a) leaves or fails to attend at his place of duty in the Singapore Armed Forces with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his place of duty in the Singapore Armed Forces, thereafter forms the like intention; or

(b) absents himself without leave with intent to avoid service or any particular service before the enemy,

and references in this Act to desertion shall be construed accordingly.

Failure to report deserters and absentees
24. Every person subject to military law who, knowing that any other person has committed an offence under section 22 or 23 —

(a) fails to report the fact without delay; or

(b) fails to take any steps within his power to cause that person to be apprehended,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Conduct to prejudice of good order or discipline
25. Every person subject to military law who is guilty of any act, conduct or neglect to the prejudice of good order or discipline shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 12 months or any less punishment authorised by this Act.

Cruel, indecent or disgraceful conduct
26. Every person subject to military law who behaves in a cruel, indecent or disgraceful manner or in a manner unbecoming a member of the Singapore Armed Forces shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Non-prevention of offences
27. Every person subject to military law who knows that another person is planning or attempting to commit an offence under section 11, 12, 15, 22 or 23 and fails to take reasonable steps to suppress or prevent its commission shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Ill-treatment
28. Every person subject to military law who ill-treats a serviceman of lower rank or less seniority or any person in custody or subject to his authority shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

Abuse of authority
29. Every person subject to military law who knowingly exceeds his authority over a serviceman of lower rank or less seniority shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Personation and excess of authority
30. —(1) Every person subject to military law who without authority holds himself out to have a rank, status, appointment or assignment in the Singapore Armed Forces or who wears any military dress, insignia or badge whether of rank or otherwise which he is not authorised to wear shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 12 months or any less punishment authorised by this Act.

(2) Every person subject to military law who without authority does any act while holding himself out to have authority to do so shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Creating despondency or alarm
31. —(1) Every person subject to military law who creates, or is likely to create, despondency or alarm in the Singapore Armed Forces by —

(a) printing, publishing, selling, offering for sale, distributing or reproducing any publication;

(b) uttering any words; or

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

(2) Every person subject to military law who prepares, publishes or disseminates publications, or utters any words likely to be detrimental to the Singapore Armed Forces shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(3) Every person subject to military law who unlawfully keeps in his possession any publication likely to create despondency or alarm, or likely to be detrimental to the Singapore Armed Forces, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 12 months or any less punishment authorised by this Act.

Malingering
32. Every person subject to military law who —

(a) falsely pretends to be suffering from any sickness;

(b) injures himself or any other person subject to military law with intent thereby to render himself or that other person unfit for service, or causes himself to be injured by any person with that intent; or

(c) does any act or fails to do anything to produce, prolong or aggravate any sickness with intent to render or keep himself unfit for duty or service,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 12 months or any less punishment authorised by this Act.

Intoxication
33. Every person subject to military law who whether on duty or not is intoxicated by alcohol shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 6 months or any less punishment authorised by this Act.

Possession, etc., of drugs
34. Every person subject to military law who has in his possession, smokes, administers to himself or otherwise consumes any dangerous, prohibited or controlled drug as defined in any written law relating to the misuse or control of drugs shall, unless authorised by such law in that regard, be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act.

Abandonment of aircraft or vessel
35. Every person subject to military law who without authority abandons any arms, aircraft, vessel or vehicle of the Singapore Armed Forces when it is threatened with loss shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act

Causing or allowing any ship, vessel or aircraft to be lost or hazarded
36. Every person subject to military law who, either wilfully or by negligence -—

(a) causes or allows to be lost, stranded or hazarded any ship or vessel of the Singapore Armed Forces; or

(b) causes or allows to be lost or hazarded any aircraft of the Singapore Armed Forces,

shall be guilty of an offence and shall be liable on conviction, if he acts wilfully or with wilful neglect, to imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act, and in any other case to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act

Offences by commanding officer in relation to ship, vessel or aircraft taken as prize
37. Every person subject to military law who, being in command of any ship, vessel or aircraft of the Singapore Armed Forces —

(a) having taken any ship, vessel or aircraft as prize, fails to send to the High Court, or to some other prize court having jurisdiction in the case, all the ship’s papers or aircraft"s papers, as the case may be, found on board;

(b) unlawfully makes any arrangement for the ransoming of any ship, vessel, aircraft or goods taken as prize; or

(c) in pursuance of any arrangement as mentioned in paragraph (b) or otherwise by collusion, restores or abandons any ship, vessel, aircraft or goods taken as prize,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

Further offences in relation to ship, vessel or aircraft taken as prize
38. Every person subject to military law who —

(a) strikes, or otherwise ill-treats, any person who is on board a ship, vessel or aircraft when taken as prize, or unlawfully takes from any such person anything in his possession;

(b) removes out of any ship, vessel or aircraft taken as prize (otherwise than for safe keeping or for the necessary use and service of the Singapore Armed Forces) any goods not previously adjudged by a prize court to be lawful prize; or

(c) breaks bulk on board any ship, vessel or aircraft taken as prize, or detained in exercise of any belligerent right or under any enactment, with intent to embezzle or fraudulently misapply anything therein,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

Offences in relation to an officer in a ship convoying and protecting a vessel
39. Every officer or warrant officer who while serving in a ship of the Singapore Armed Forces involved in the convoying and protection of a vessel —

(a) fails to defend a vessel or goods in his convoy;

(b) refuses to fight in the defence of a vessel in his convoy when it is attacked; or

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to suffer death or any less punishment authorised by this Act.

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Disobeying lawful command of captain of ship
40. —(1) Every person who, when in a ship, disobeys any lawful command given by the captain of the ship in relation to the navigation or handling of the ship or affecting the safety of the ship, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for life or any less punishment authorised by this Act.

(2) For the purposes of this section, every person whatever his rank shall, when he is in a ship, be under the command, as respects all matters relating to the navigation or handling of the ship or affecting the safety of the ship, of the captain of the ship.

Endangering life or property
41. Every person subject to military law who does an act in relation to any thing or substance that may be dangerous to life or property, which act causes, or is likely to cause, loss of life or bodily injury to any person or causes, or is likely to cause, damage to or destruction of any property shall —

(a) if he acted wilfully, be guilty of an offence and be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act; and

(b) if he acted negligently, be guilty of an offence and be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

Damage to, and loss of, Singapore Armed Forces property, etc.
42. —(1) Every person subject to military law who —

(a) wilfully damages or destroys or causes the loss of, or is concerned in the wilful damage, destruction or loss of, any Singapore Armed Forces property, or any property belonging to a person subject to military law; or

(b) by wilful neglect causes or allows damage to, or the loss of, any Singapore Armed Forces property or property so belonging,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

(2) Every person subject to military law who —

(a) by any negligent act or omission causes or allows damage to, or the loss of, any Singapore Armed Forces property; or

(b) is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any such property,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(3) Where such property consists of arms, or is an aircraft, a vessel or a vehicle, such person shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

Dishonest misappropriation of Singapore Armed Forces property
43. Every person subject to military law who —

(a) steals or dishonestly misappropriates any Singapore Armed Forces property or any property belonging to a person subject to military law or is concerned in the stealing or dishonest misappropriation of any such property; or

(b) receives any property belonging to the Singapore Armed Forces or to a person subject to military law knowing it to have been stolen or to have been dishonestly misappropriated,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court where the property stolen or dishonestly misappropriated consists of an aircraft, a vessel, or arms, to imprisonment for a term not exceeding 7 years and in any other case to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

Misapplication and waste of Singapore Armed Forces property
44. Every person subject to military law who misapplies or wastefully expends any Singapore Armed Forces property shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Unlawful arrest
45. Every person subject to military law who —

(a) unlawfully places or holds a person in custody; or

(b) does not comply with the provisions of this Act or of any regulations governing the placing or holding of a person in custody,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Resistance to arrest
46. Every person subject to military law who refuses to obey or strikes or otherwise uses violence to or offers violence to any person whose lawful duty it is to arrest him or to place him in custody, or in whose custody he is, shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

Escape and permitting escape and unlawful release from custody
47. —(1) Every person subject to military law who escapes from lawful custody shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.

(2) Every person subject to military law who wilfully or negligently or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to guard shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(3) Every person subject to military law who without proper authority releases any person who is committed to his charge shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Contempt
48. —(1) Every person subject to military law who —

(a) fails to comply with a summons or order to attend as a witness at the Military Court of Appeal, a subordinate military court, disciplinary trial or board of inquiry;

(b) refuses to take an oath or make an affirmation when required by a subordinate military court, disciplinary officer or a board of inquiry to do so;

(c) refuses to produce any document or material in his custody or control which a subordinate military court, a disciplinary officer, a board of inquiry or an investigating officer lawfully requires him to produce;

(d) as a witness refuses to answer any question which a subordinate military court, a disciplinary officer or a board of inquiry lawfully requires him to answer;

(e) wilfully insults a subordinate military court, a disciplinary officer or a board of inquiry or any person whose duty it is to attend before them; or

(f) wilfully interrupts, obstructs or disturbs the proceedings of a subordinate military court, a disciplinary officer or a board of inquiry,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(2) Where an offence under subsection (1) is committed in relation to a subordinate military court and the court is of the opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial under this Act, the court may, after giving the offender an opportunity to be heard, order him to be imprisoned for a term not exceeding 21 days or to be fined a sum not exceeding $50.

False evidence
49. Every person subject to military law who having been lawfully sworn as a witness or as an interpreter in proceedings before a subordinate military court, a disciplinary officer, a committee of inquiry appointed under section 8C or a board of inquiry, makes a statement material in those proceedings which he knows to be false or does not believe to be true shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

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Falsification of documents
50. Every person subject to military law who —

(a) makes, signs, or makes an entry in any report, return, pay list or certificate or other official document, being a document or entry which is to his knowledge false in a material particular;

(b) alters any report, return, pay list or certificate or other official document, or alters any entry in such a document, so that the document or entry is to his knowledge false in a material particular, or suppresses, defaces, destroys or makes away with any such document or entry which it is his duty to preserve or produce; or

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Refusing medical or dental examination and treatment
51. Every person subject to military law who, without reasonable excuse, does not submit to —

(a) a medical or dental examination or test;

(b) inoculation, vaccination or immunisation; or

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 6 months or any less punishment authorised by this Act.

Obstructing investigation
52. Every person subject to military law who does not comply with a request of an investigating officer to submit to the taking of his photograph or fingerprints shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 6 months or any less punishment authorised by this Act.

Inaccurate certification
53. —(1) Every person subject to military law who issues or signs, without having ensured its accuracy —

(a) a certificate relating to any matter affecting the sea-going or fighting efficiency of any vessel of the Singapore Armed Forces; or

(b) any certificate relating to any aircraft or aircraft material of the Singapore Armed Forces,

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(2) In subsection (1), “aircraft material” includes —

(a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use, in aircraft;

(d) any apparatus used in connection with the taking off or landing of aircraft or for detecting the movement of aircraft; and

(e) any fuel used for the propulsion of aircraft and any material used as lubricant for aircraft or aircraft material.

Dangerous flying, etc.
54. —(1) Every person subject to military law who is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 4 years or any less punishment authorised by this Act.

(2) If the offender has not acted wilfully or with wilful neglect he shall not be liable to be imprisoned for a term exceeding 2 years.

Low flying
55. —(1) Every person subject to military law who, being the pilot of an aircraft, flies it at a height less than such height as may be provided in general orders shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(2) Where a pilot flies an aircraft in contravention of this section on the orders of some other person who is in command of the aircraft, that other person shall be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.

Annoyance by flying
56. —(1) Every person subject to military law who, being the pilot of an aircraft, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Irregular arrest and confinement
57. Every person subject to military law who, when another person subject thereto is under arrest —

(a) unnecessarily delays the taking of such steps as it is his duty to take for investigating the allegations against that other person or for having the allegations against that other person investigated pursuant to this Act or, as the case may be, tried by a subordinate military court;

(b) fails to release, or effect the release of, that other person when it is his duty to do so; or

shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

Abetments and attempts
58. Every person subject to military law who aids, abets, counsels or procures the commission of a military offence or who attempts to commit a military offence under this Act shall be guilty of an offence and shall be liable on conviction by a subordinate military court to suffer the same punishment as for the offence except that if the military offence is punishable by death he shall not be liable to any greater punishment than imprisonment.

Justification, excuse and defence
59. All rules and principles from time to time followed in the civil courts that would render any circumstances a justification or an excuse or a defence to any charge shall be applicable to any charge under this Act, except in so far as such rules and principles are altered by or are inconsistent with this Act or any regulations made thereunder.