# legal_provisions

document_id: sa-1966
provision_ref: s11A
section: 11A
title: Registrar may order change of name or rules of society registered under section 4A
content:
11A. —(1) If the Registrar is of the opinion that the name of any society registered under section 4A — ( a ) is likely to mislead members of the public as to the true character or purpose of the society or so nearly resembles the name of some other society as is likely to deceive members of the public or members of either society; ( b ) is undesirable or offensive; ( c ) is identical to that of any existing society; or ( d ) is likely to give the impression that the society is connected in some way with the Government or any public authority, or with any other body of persons or any individual, when it is not so connected, the Registrar may, at any time, by written notice, order the society to change its name, within such time as is specified in the notice, to such other name as he may approve. [Act 34 of 2023 wef 02/05/2024] (2) The Registrar may, at any time, by written notice, order any society registered under section 4A to amend its rules, within such time as is specified in the notice, in such manner as he may direct, if he is of the opinion that the rules of the society, if unchanged, would be — ( a ) contrary to Singapore’s national security or interest; [Act 34 of 2023 wef 02/05/2024] ( b ) prejudicial to public peace, welfare or good order in Singapore; or [Act 34 of 2023 wef 02/05/2024] ( c ) contrary to the provisions of this Act or any regulations. [Act 34 of 2023 wef 02/05/2024] [Act 34 of 2023 wef 02/05/2024] (3) A society registered under section 4A and every officer of that society shall comply with any notice given under this section. (4) If a society registered under section 4A fails to comply with any notice given under this section, the society and every officer of that society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000. [Act 34 of 2023 wef 02/05/2024] (5) If an officer of a society registered under section 4A is charged with an offence under subsection (4), it shall be a defence for him to establish to the satisfaction of the court that he has exercised due diligence and has failed to comply with the notice for reasons beyond his control. (6) In this section, “amend” has the meaning given by section 11(3). [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s12
section: 12
title: Persons who shall not act as officers of society
content:
12. —(1) Subject to subsection (1B), no person shall act as an officer of a registered society or a branch thereof if — ( a ) he has, while being a member of a society, been convicted for an offence involving the unlawful expenditure of the funds of the society; or ( b ) he has been declared, in writing, by the Registrar to be unfit to act as an officer of a society by reason of any conviction for a criminal offence other than that specified in paragraph ( a ). [Act 34 of 2023 wef 02/05/2024] [Act 34 of 2023 wef 02/05/2024] (1A) A person who is prohibited from acting as an officer of a registered society or a branch of the registered society under subsection (1) may apply to the Minister for permission to act as an officer of the registered society or a branch of the registered society. [Act 34 of 2023 wef 02/05/2024] (1B) An application under subsection (1A) may be granted by the Minister if the Minister thinks fit to do so. [Act 34 of 2023 wef 02/05/2024] (2) Any person who acts in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s13
section: 13
title: Use of flag, symbol, etc.
content:
13. —(1) No registered society shall use any flag, symbol, emblem, badge or other insignia without the consent in writing of the Registrar or an Assistant Registrar. (2) Any person aggrieved by the refusal of the Registrar or an Assistant Registrar to the use of a flag, symbol, emblem, badge or other insignia may appeal against that decision to the Minister whose decision shall be final. (3) In any case where a registered society uses a flag, symbol, emblem, badge or other insignia in contravention of subsection (1) — ( a ) the officers of the society; and ( b ) all persons managing or assisting in the management of the society, shall be deemed to be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding one year or to both. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s14
section: 14
title: Unlawful societies
content:
14. —(1) Every society, not being a registered society, shall be deemed to be an unlawful society; but no society shall be deemed to be unlawful under this section if and so long as the Registrar is satisfied that –– ( a ) it is organised wholly outside Singapore; and ( b ) does not carry on any activity in Singapore. (2) Any person who manages or assists in the management of any unlawful society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. [Act 34 of 2023 wef 02/05/2024] (3) Any person who is or acts as a member of an unlawful society, or attends a meeting of an unlawful society, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 34 of 2023 wef 02/05/2024] (4) Every offence under subsection (3) shall be deemed to be a non‑bailable offence and an arrestable case within the meaning of the Criminal Procedure Code 2010.


document_id: sa-1966
provision_ref: s15
section: 15
title: Persons allowing unlawful assembly in their premises
content:
15. —(1) Any person who knowingly allows a meeting of an unlawful society, or of members of an unlawful society to be held in any house, building or place belonging to or occupied by him, or over which he has control, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 34 of 2023 wef 02/05/2024] (2) Every offence under subsection (1) shall be deemed to be a non‑bailable offence and an arrestable case within the meaning of the Criminal Procedure Code 2010.


document_id: sa-1966
provision_ref: s16
section: 16
title: Penalty for inciting, etc., person to become member of unlawful society
content:
16. —(1) Any person who incites, induces or invites another person to become a member of, or to assist in the management of, an unlawful society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 34 of 2023 wef 02/05/2024] (2) Any person who uses any violence, threat or intimidation towards any person in order to induce him to become a member of, or to assist in the management of, an unlawful society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 4 years or to both. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s17
section: 17
title: Penalty for procuring subscription or aid for unlawful society
content:
17. Any person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s18
section: 18
title: Publishing, etc., propaganda of unlawful society
content:
18. Any person who prints, publishes, displays, sells or exposes for sale, or transmits through the post or who, without lawful authority or excuse, has in his possession any placard, newspaper, book, circular, pictorial representation or any other document or writing whatsoever which is issued or appears to be issued by or on behalf of or in the interests of an unlawful society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both, and any book, periodical, pamphlet, poster, proclamation, newspaper, letter or any other document or writing in respect of which the person is convicted shall be forfeited. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s19
section: 19
title: Penalty for misuse of money or property of registered society
content:
19. —(1) Where on complaint made by a member of a registered society or by the Registrar it is shown to the satisfaction of a District Court or a Magistrate’s Court that any officer or member of that society has in his possession or control any property of the society otherwise than in accordance with the rules of the society, or has unlawfully withheld any money of the society or wilfully applied such money to purposes other than those expressed or directed in the rules of the society and authorised by this Act, the Court shall, if it considers the justice of the case so requires, order the officer or member to deliver all such property to the trustees of the society or such other persons as the Court may appoint and to pay to them the money so unlawfully withheld or improperly applied. (2) A complaint made under subsection (1) other than a complaint made by the Registrar shall not be entertained unless the Court is satisfied that the complainant is, on the date of the complaint, a member of the registered society in respect of whose property the complaint is so made. (3) Any person who, bound by an order made under subsection (1), fails to comply with the terms of the order and the directions in the order within a time to be specified in the order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 34 of 2023 wef 02/05/2024] (4) An order made under subsection (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.


document_id: sa-1966
provision_ref: s20
section: 20
title: Punishment of fraud, false declaration and misappropriation
content:
20. Any person who with intent to mislead or defraud any other person gives to the other person a copy of any rules, regulations or other documents, other than the rules of a registered society, on the pretence that they are the existing rules of the society or that there are no other rules of the society or gives to the other person a copy of any rules on the pretence that those rules are the rules of a registered society when the society is not registered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s21
section: 21
title: Presumptive proof of existence of society
content:
21. —(1) In any prosecution for an offence under this Act where it is proved that a club, company, partnership or association exists — ( a ) it shall be presumed, until the contrary is proved, that the club, company, partnership or association is a society within the meaning of this Act; ( b ) it shall not be necessary to prove that the society possesses a name or that it has been constituted or is usually known under a particular name; and ( c ) it shall be presumed until the contrary is proved that it consists of and has at all material times consisted of 10 or more persons. (2) Notwithstanding any other written law in any prosecution for an offence under this Act, for the purpose of proving the existence of a society, evidence may be adduced and shall be admitted which shows that — ( a ) any person is reputed to be a member of the society; ( b ) any announcement has been made, whether by the person charged or by any other person by any means whatever, that the society has been formed or is in existence; or ( c ) by repute the society is in existence.


document_id: sa-1966
provision_ref: s22
section: 22
title: Presumptive proof of membership, etc., of society
content:
22. —(1) Where any books, accounts, writings, seals, banners or insignia of or relating to or purporting to relate to any society are found in the possession of any person, it shall be presumed, until the contrary is proved, that that person is a member of the society, and the society shall be presumed, until the contrary is proved, to be in existence at the time the books, accounts, writings, seals, banners or insignia are so found. (2) When any books, accounts, lists of members or seals of or relating to any society are found in the possession of any person, it shall be further presumed, until the contrary is proved, that that person assists in the management of the society.


document_id: sa-1966
provision_ref: s23
section: 23
title: Society using triad ritual to be deemed unlawful society
content:
23. —(1) Every society, whether it is registered or not, which uses a triad ritual shall be deemed to be an unlawful society. (2) Any person found in possession of or having the custody or control of any books, accounts, writings, seals, banners or insignia of or relating to any triad society or branch of a triad society, whether the society or branch is established in Singapore or not, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 34 of 2023 wef 02/05/2024] (3) Every offence under subsection (2) shall be deemed to be a non‑bailable offence and an arrestable case within the meaning of the Criminal Procedure Code 2010.


document_id: sa-1966
provision_ref: s24
section: 24
title: Minister may order dissolution of any society
content:
24. —(1) Whenever it appears to the Minister that — ( a ) any registered society is being used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Singapore or against Singapore’s national security or interest; [Act 28 of 2021 wef 07/07/2022] ( b ) the registration of any society has been procured by fraud or misrepresentation; ( c ) any registered society is being used for purposes incompatible with the objects and rules of the society; ( d ) the rules of any registered society are or have been inadequate for its proper management and control and the registered society has failed without reasonable cause to amend its rules within 3 months of, and in accordance with, a direction from the Registrar to amend its rules for those purposes; ( e ) the rules of any registered society which is a political association do not provide for its membership to be confined to Singapore citizens, and the society has failed without reasonable cause to amend its rules within 3 months of, and in accordance with, a direction from the Registrar to amend its rules for those purposes; ( f ) any registered society which is a political association has such an affiliation or connection with any organisation outside Singapore as is considered by the Registrar to be contrary to Singapore’s national security or interest, and has failed to satisfy the Registrar that it has taken appropriate action to sever that affiliation or connection within 3 months of, and in accordance with, a direction from the Registrar to take such action; or [Act 28 of 2021 wef 07/07/2022] ( g ) any registered society has wilfully contravened any provision of this Act or of any regulations made thereunder, or of any of the rules of the society, the Minister may order that the society shall be dissolved. (1A) For the purpose of subsection (1)( a ), a certificate issued by the Minister charged with the responsibility for internal security stating that the Minister is satisfied that the society referred to in the certificate is being used for purposes against Singapore’s national security or interest is conclusive evidence that the society is being used for such purposes. [Act 28 of 2021 wef 07/07/2022] (2) Notification of every such order shall be published in the Gazette , and shall be sent to the address or email address given by the society to the Registrar as the registered address or email address for the service of documents from the Registrar or an Assistant Registrar under this Act or any regulations. [Act 34 of 2023 wef 02/05/2024] (3) Every society against which an order for dissolution is made shall from then on be deemed to be an unlawful society. (4) Where an order of dissolution has been made against any society every person who on the date on which the order was made was an officer of that society shall, during the period of 3 years from the date on which the order was made, be ineligible, except with the written permission of the Minister, to act or be elected as an officer of any other society. (5) Any person who acts without the written permission of the Minister as an officer of a society while he is ineligible under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 34 of 2023 wef 02/05/2024] (6) The fact that a political association uses a name or symbol which is the same as that of an organisation outside Singapore shall be deemed to be sufficient evidence that the political association has an affiliation or connection with that organisation.


document_id: sa-1966
provision_ref: s25
section: 25
title: Consequences upon order of Minister under section 24
content:
25. —(1) Upon the making of an order of dissolution against any society under section 24 — ( a ) the property of the society shall forthwith vest either in the Official Receiver or, if any other officer is appointed for the purpose of winding up by the Minister in the notification of the order, then in that officer; and ( b ) the Official Receiver or that other officer shall proceed to wind up the affairs of the society and, after satisfying and providing for all debts and liabilities of the society and the costs of winding up, shall pay the surplus assets, if any, of the society — (i) where the Minister so directs, into the Consolidated Fund; and (ii) in the absence of a direction by the Minister, to the members of the society according to the rules of the society. (2) For the purposes of the winding up of the affairs of the society, the Official Receiver or that other officer shall have all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of the discovery and realisation of the property of a debtor, and the provisions of that Act shall apply, with the necessary modifications, to the winding up of the affairs of the society under this Act. [40/2018] (3) The Minister may, for the purpose of enabling a society to wind up its own affairs, suspend the operation of this section for such period as to him seems expedient.


document_id: sa-1966
provision_ref: s26
section: 26
title: Power of Magistrate, etc., to enter place kept as place of meeting, business, etc.
content:
26. The Registrar or an Assistant Registrar or a Magistrate or any police officer authorised in writing by the Registrar or an Assistant Registrar or a Magistrate may at any time enter any place which he has reason to believe is kept or used by any registered society or any of its members as a place of meeting, business or other activity of the society. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s27
section: 27
title: Power to enter and search in special cases
content:
27. The Registrar or an Assistant Registrar or a Magistrate, who has reason to believe that any registered society is being used for purposes prejudicial to public peace, welfare or good order in Singapore or incompatible with the rules and objects of the society as entered in the Register of Societies or furnished to the Registrar or to an Assistant Registrar under this Act, may enter or may in writing authorise a police officer to enter, with or without assistance and using force for that purpose, if necessary, any place which he has reason to believe is used as the place of meeting, business or other activity of the society, and may search or may in writing authorise a police officer to search that place and any person found in or escaping from that place for evidence that the society is being used for such purposes. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s28
section: 28
title:
Magistrate, etc., may enter house, etc., where unlawful meeting held, or books, accounts, etc., kept, may arrest and seize persons and property found

content:
28. —(1) Any Magistrate or Justice of the Peace or police officer not below the rank of assistant superintendent may enter, with or without assistance, or may by warrant under his hand or by writing under his hand, as the case may be, authorise any other police officer to enter, with or without assistance, using force in either case, if necessary, any dwelling house or other building, or any place in which he has reasonable ground to believe that a meeting of an unlawful society, or of persons who are members of an unlawful society, is being held, or that any books, accounts, writings, banners or insignia belonging to an unlawful society are concealed, kept or deposited, and to arrest or cause to be arrested all persons found in the house and to search that house, building or place, and seize or cause to be seized all books, accounts, writings, banners, documents, flags, insignia, arms and other articles which he has reasonable cause to believe belong to any unlawful society, or to be in any way connected therewith. (2) All persons so arrested and all articles so seized may be detained in custody till they can conveniently be brought before a District Court or Magistrate’s Court to be dealt with according to law.


document_id: sa-1966
provision_ref: s29
section: 29
title: Purposes for which powers of investigation exercisable
content:
29. The Registrar or an Assistant Registrar may exercise the powers specified in section 29A for all or any of the following purposes: ( a ) to investigate into the operations of any registered society to determine compliance with this Act and any regulations, including whether an offence under this Act or any regulations has been committed; ( b ) to investigate into the existence or operations of any unlawful society or suspected unlawful society; ( c ) to determine whether information provided to the Registrar or Assistant Registrar is correct. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s29A
section: 29A
title: Powers of investigation
content:
29A. —(1) The Registrar or an Assistant Registrar may do all or any of the following: ( a ) where the Registrar or Assistant Registrar reasonably believes a person to have committed an offence under this Act or any regulations or contravened any provision of this Act or any regulations — require that person to provide evidence of that person’s identity; ( b ) require any person whom the Registrar or Assistant Registrar reasonably believes has — (i) any information; or (ii) any document or article in the person’s possession, custody or control, that the Registrar or Assistant Registrar reasonably requires for any of the purposes of section 29, to provide, within a reasonable period specified by the Registrar or Assistant Registrar, that information or produce that document or article, and to provide an explanation of the information, document or article; ( c ) issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29, to attend before the Registrar or Assistant Registrar; ( d ) examine orally any person who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29 — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter. (2) In addition, if the Registrar or an Assistant Registrar is satisfied, after due inquiry, that a person examined under subsection (1)( d ) is a member of an unlawful society or has refused to give information or has given false information as to the existence or operations of an unlawful society or suspected unlawful society, the Registrar or Assistant Registrar may, if he considers it advisable to identify that person, order that a photograph and finger impressions of that person be taken at such time and in such place and manner as the Registrar or Assistant Registrar thinks fit. (3) The power to require a person to provide any information or produce any document or article under subsection (1)( b ) includes the power — ( a ) if the information, document or article is not provided or produced, to require the person to state, to the best of the person’s knowledge and belief, where it is; and ( b ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Registrar or an Assistant Registrar in legible form. (4) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (5) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. (6) If any person fails to comply with a written notice issued to the person under subsection (1)( c ), the Registrar or an Assistant Registrar may report the failure to a Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering that person to comply with the written notice. (7) The Registrar or an Assistant Registrar may make copies of any document or article produced under subsection (1)( b ) for further investigation. (8) The Registrar or an Assistant Registrar may take possession of any document or article produced under subsection (1)( b ) for further investigation. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s29B
section: 29B
title: Offences
content:
29B. —(1) A person who, without reasonable excuse, fails to do anything required of the person by the Registrar or an Assistant Registrar under section 29A(1)( a ) or ( b ), or by written notice under section 29A(1)( c ), or by order under section 29A(2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) A person — ( a ) who intentionally alters, suppresses or destroys any information, document or article which the person has been required by the Registrar or an Assistant Registrar under section 29A(1)( b ) to provide or produce; or ( b ) who, in providing any information or producing any document or article required by the Registrar or an Assistant Registrar under section 29A(1)( b ), makes any statement which the person knows or ought reasonably to know is, or is reckless as to whether it is, false or misleading in a material particular, shall be guilty of an offence. (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (4) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the person — ( a ) does not possess the information, document or article required; or ( b ) has taken all reasonable steps available to the person to obtain the information, document or article required and has been unable to obtain it. (5) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or article or answer any question if doing so might tend to incriminate that person. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s30
section: 30
title: Charges
content:
30. —(1) Except in the case of persons arrested under section 28, no person shall be charged with an offence under this Act or any regulations made thereunder unless the sanction in writing of the Registrar or of an Assistant Registrar has been first obtained. (2) Prosecutions in a District Court or in a Magistrate’s Court under this Act or any regulations made thereunder may, with the authorisation of the Public Prosecutor, be conducted by the Registrar or by an Assistant Registrar or by some person authorised in writing by the Registrar or by an Assistant Registrar to appear on his behalf.


document_id: sa-1966
provision_ref: s30A
section: 30A
title: Composition of offences
content:
30A. —(1) The Registrar or an Assistant Registrar may compound any offence under this Act or any regulations that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine that is prescribed for the offence. (2) On payment of the sum of money under subsection (1), no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s31
section: 31
title: Jurisdiction
content:
31. —(1) Any offence under section 14(2) may be tried by a District Court which may pass the sentence specified in that section. (2) Any offence under any other section of this Act or any regulations made thereunder may be tried by a District Court or by a Magistrate’s Court.


document_id: sa-1966
provision_ref: s32
section: 32
title: Forfeiture
content:
32. Any books, accounts, writings, banners, insignia or other property belonging to any unlawful society shall be forfeited and given to the Registrar or to an Assistant Registrar.


document_id: sa-1966
provision_ref: s33
section: 33
title: Service of documents
content:
33. —(1) A document that is permitted or required by this Act or any regulations to be served on a person may be served as described in this section. (2) This section does not apply to documents to be served in relation to proceedings in court or any other document mentioned in section 35(1)( c ). (3) A document permitted or required by this Act or any regulations to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or ( e ) by sending it by email to the individual’s last email address. (4) A document permitted or required by this Act or any regulations to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (5) A document permitted or required by this Act or any regulations to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (6) Service of a document takes effect — ( a ) if the document is sent by email — at the time that the email becomes capable of being retrieved by the person to whom it is sent; or ( b ) if the document is sent by prepaid registered post — 2 days after the day the document was posted (even if it is returned undelivered). (7) However, service of any document on a person by email may be effected only with the person’s prior consent (express or implied) to service in that way. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice permitted or required to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 34 of 2023 wef 02/05/2024]


document_id: sa-1966
provision_ref: s34
section: 34
title: Regulations
content:
34. —(1) The Minister may from time to time make regulations for or with respect to all or any of the following matters: ( a ) to prescribe the manner of registration of societies under this Act; ( b ) to regulate or restrict changes of the name of registered societies; ( c ) to regulate or restrict changes of the registered address or place of meeting or of the registered rules or objects of registered societies; [Act 34 of 2023 wef 02/05/2024] ( d ) to prescribe the manner and conditions in and under which the powers conferred by this Act shall be exercised by the persons on whom the powers are conferred; ( e ) to prescribe the fees which may be charged and taken under this Act; ( f ) to prescribe the forms which may be used for carrying out the provisions of this Act; ( g ) to require the accounts and financial statements of registered societies to be in compliance with — (i) accounting standards that are made or formulated by the Accounting Standards Committee under Part 3 of the Accounting Standards Act 2007 and applicable to societies; or [Act 36 of 2022 wef 01/04/2023] (ii) other requirements substituted by the Minister in lieu of compliance with the accounting standards applicable to societies; ( h ) to provide for relief from the requirements of such accounting standards applicable to societies; ( i ) to provide that the regulations made under paragraph ( g ) shall not apply to any society that is registered as a charity or approved as an institution of a public character under the Charities Act 1994 to the extent that that Act requires the society’s accounts and financial statements for any financial year to comply with the accounting standards applicable to charities to the exclusion of other accounting standards; ( ia ) to require registered societies to prepare annual returns in such form, and file the annual returns in such manner, as the Registrar may determine; [Act 34 of 2023 wef 02/05/2024] ( ib ) to prescribe the offences under this Act or any regulations that may be compounded; [Act 34 of 2023 wef 02/05/2024] ( j ) generally for carrying into effect the provisions of this Act. (1A) Regulations made under subsection (1)( ia ) may empower the Registrar to determine that different forms of annual returns be prepared by different classes of registered societies. [Act 34 of 2023 wef 02/05/2024] (2) The Minister in making any regulations under this Act may direct that a person committing a breach of such regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, where the breach is a continuing one, to a fine not exceeding $100 for every day after the first day during which the breach continues. [Act 34 of 2023 wef 02/05/2024] (3) All such regulations shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.


document_id: sa-1966
provision_ref: s35
section: 35
title: Provisions applicable to registered societies
content:
35. —(1) The following provisions shall apply to all registered societies: ( a ) the movable property of a society, if not vested in trustees, shall be deemed to be vested for the time being in the governing body of the society, and in all proceedings civil and criminal may be described as the property of the governing body of the society by their proper title; ( b ) every such society may sue or be sued in the name in which it was registered under this Act; ( c ) an originating claim or other legal process may be served on a society by serving it on an officer of the society, or by leaving it at, or sending it by registered post to, the registered address of the society; [Act 25 of 2021 wef 01/04/2022] ( d ) except as otherwise provided in section 36, no judgment in any suit against a registered society shall be put into force against the person or property of any officer or member of the society but only against the property of the society; ( e ) any member who is in arrears of subscriptions which, according to the rules of the society, he is bound to pay, or who takes possession or detains any property of the society contrary to those rules, or who injures or destroys any property of the society, may be sued for the arrears or for the damage accruing from his wrongful possession, detention, injury or destruction of that property by and in the name of the society; ( f ) any member of the society who steals, purloins or embezzles any money or other property, or wilfully and maliciously destroys or injures any property of the society, or forges any deed, bond, security for money, receipt or other instrument whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner as any person, being not a member, would be subject and liable to in respect of the like offence; ( g ) subject to subsection (2), in the absence of any specific provision in the rules of a society, any number not less than three-fifths of the members of the society for the time being resident in Singapore may determine that it shall be dissolved forthwith, or at a time agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society and its claims and liabilities according to the rules of the society applicable thereto, and if none, then as the governing body finds expedient; ( h ) no society shall be dissolved unless three-fifths of the members so resident as mentioned in paragraph ( g ) have expressed a wish for such dissolution by their votes delivered in person or by proxy at a general meeting convened for the purpose. (2) In the event of any dispute arising among the members of the governing body or the members of the society, the adjustment of its affairs shall be referred to the General Division of the High Court, and the General Division of the High Court shall make such order in the matter as it thinks fit. [40/2019]


document_id: sa-1966
provision_ref: s36
section: 36
title: Security for costs and liability of officers
content:
36. —(1) Where a registered society or any of its officers purporting to act on its behalf is claimant in any action or other legal proceeding, the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the society or the officer will be unable to pay the costs of the defendant if successful in his defence, require sufficient security to be given for those costs and stay all proceedings until the security is given. [Act 25 of 2021 wef 01/04/2022] (2) Where a society is required to give security for costs under subsection (1) and the amount of the security is not sufficient to pay the costs of the defendant — ( a ) the officers of the society who approved the institution of the action or legal proceeding; and ( b ) any person who, on subsequently becoming an officer of the society, does not take any reasonable measure for the purpose of seeking the discontinuance of the action or legal proceeding, shall be jointly and severally liable for any part of the costs awarded against the society which, after deducting the amount of the security, remains unsatisfied after one month from the date the costs became payable. (3) This section shall apply to any action or legal proceeding whether instituted before or after 10 September 1982.


document_id: sa-1966
provision_ref: s37
section: 37
title: Power to exempt
content:
37. The Minister may at his discretion in writing exempt any society registered under this Act from all or any of the provisions of this Act.


document_id: sa-1966
provision_ref: s38
section: 38
title: Transitional provision
content:
38. Any society which immediately before 27 January 1967 was registered under the provisions of the Societies Ordinance (Cap. 228, 1955 Revised Edition) shall be deemed to be registered under this Act.


document_id: sa-1973
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “anonymised microdata” means particulars or information pertaining to any person which is in a form that conceals or protects the identity of that person, whether by presenting the particulars or information in statistical form or otherwise, so that the identity of that person cannot be readily discovered or ascertained from the particulars or information; “public agency” means a public officer, an Organ of State or a ministry or department of the Government, or a public authority established by or under any written law for a public purpose or a member, an officer or an employee thereof; “requisition” means a requisition issued under section 5; “research and statistics unit” means a research and statistics unit specified in the Second Schedule; “statistical purposes” means the compilation of statistics or the preparation of anonymised microdata relating to any subject matter listed in the First Schedule.


document_id: sa-1973
provision_ref: s3
section: 3
title: Statistics Department and research and statistics units
content:
3. —(1) The Department of Statistics and all research and statistics units may, in accordance with the provisions of this Act, collect and process data for statistical purposes. (2) The Department of Statistics is under the control and management of a Chief Statistician and any other officers that the Minister may appoint. (3) A research and statistics unit is under the control and management of a director and any other officers that the appropriate Minister responsible for the unit may appoint.


document_id: sa-1973
provision_ref: s4
section: 4
title: National statistical coordinator
content:
4. —(1) The Chief Statistician is the national statistical coordinator whose duties are — ( a ) to coordinate statistical activities in public agencies, including the allocation of the subject matters in respect of which research and statistics units may exercise their powers under section 5; ( b ) to advise public agencies in the gathering, compiling, analysis and utilisation of statistics; ( c ) to develop national statistical standards and standardise definitions, classifications, terms, procedures and concepts for use in statistical activities; and ( d ) to promote the observance of approved national statistical standards by public agencies. (2) All research and statistics units must comply with the recommendations of the Chief Statistician on any matter specified in subsection (1)( c ) and ( d ). (3) If a research and statistics unit refuses to accept a recommendation of the Chief Statistician, the director of the research and statistics unit must notify the Chief Statistician in writing of the refusal and the reasons for the refusal. (4) On receipt of any notice from a research and statistics unit under subsection (3), the Chief Statistician must — ( a ) reconsider the recommendation in question; and ( b ) in the event of the inability of the Chief Statistician to rescind or revise the recommendation, refer the matter to the Minister who must give directions to the research and statistics unit as the Minister thinks fit and that research and statistics unit must comply with the directions of the Minister.


document_id: sa-1973
provision_ref: s5
section: 5
title:
Power of Chief Statistician and director of research and statistics unit to issue requisition for information

content:
5. —(1) The Chief Statistician or the director of a research and statistics unit may issue a requisition to any person or the occupier of any premises to furnish particulars and supply information to him or her, for the purpose of obtaining data for statistical purposes, and every such person or occupier is bound to furnish the particulars and supply the information to the best of the person’s or occupier’s knowledge and belief. (2) A requisition must — ( a ) be in writing; ( b ) be served upon the person to whom it is addressed or the occupier of any premises (as the case may be) in the manner specified in section 11; and ( c ) specify the particulars or information required. (3) A requisition may — ( a ) specify the form in which and the time within which the particulars and information are to be furnished; ( b ) require the particulars and information to be furnished periodically at or within such time or times and in such form or forms as are specified in the requisition; and ( c ) specify the place or manner at or in which the particulars and information are to be delivered. (4) No person is bound to furnish any particulars or information other than those which are accessible to the person or derived by the person from any business, occupation or work in the conduct or supervision of which the person is engaged.


document_id: sa-1973
provision_ref: s6
section: 6
title: Power to request information from research and statistics units and other public agencies
content:
6. —(1) For the purpose of obtaining data for statistical purposes, the Chief Statistician may in writing direct — ( a ) the director of any research and statistics unit to furnish or supply to the Chief Statistician any particulars or information obtained pursuant to any requisition issued by the director under section 5; or ( b ) any public agency to furnish or supply to the Chief Statistician any particulars or information in the possession of the public agency, whether or not — (i) the particulars or information were provided to the public agency by another person or public agency (called in this section the data source); or (ii) the public agency directed to furnish the particulars or information, or the data source, is under any obligation (whether imposed by any written law or otherwise) not to disclose the particulars or information. (2) Despite the provisions of this Act or any other written law, the director of any research and statistics unit or the public agency must furnish the particulars and information as directed under subsection (1) except, in relation to a direction under subsection (1)( b ), any particulars or information which have been exempted from being so furnished by — ( a ) the Minister responsible for the public agency directed to furnish or supply the particulars or information under subsection (1)( b ); or ( b ) the Minister responsible for the data source. (3) All particulars and information required to be furnished under subsection (1) must be furnished within such time as may be agreed to between the Chief Statistician and the director of a research and statistics unit or the public agency, as the case may be. (4) Despite the provisions of this Act or any other written law — ( a ) no person shall be guilty of an offence under this Act or that other written law or of any breach of confidence or incur any liability, criminal or civil, by virtue merely of the person disclosing any particulars or information to the Chief Statistician pursuant to any direction under subsection (1); and ( b ) no officer of the Department of Statistics (including the Chief Statistician) shall be guilty of an offence under this Act or that other written law or incur any liability, criminal or civil, by virtue merely of the officer accessing, or disclosing to another officer of the Department of Statistics, any particulars or information obtained pursuant to any direction under subsection (1), in the performance of the officer’s duties or functions as an officer of the Department of Statistics. (5) Subsection (1) does not apply to any particulars or information obtained under any written law administered by the Monetary Authority of Singapore.


document_id: sa-1973
provision_ref: s7
section: 7
title: Disclosure of information
content:
7. —(1) A person must not disclose any particulars or information obtained under section 5 or 6 in a form that may identify any person without the prior consent in writing of the person that may be identified by the disclosure. (2) Despite subsection (1), the Chief Statistician or the director of a research and statistics unit (as the case may be) may disclose particulars or information obtained under section 5 or 6 — ( a ) as statistics which do not identify any person; ( b ) as anonymised microdata to — (i) any public agency; or (ii) any other person within a class specified in the Third Schedule; ( c ) for the purposes of any proceedings for an offence under this Act or any report of those proceedings; ( d ) that are of a general nature relating to the products or services provided by, the number of employees in or the addresses of, an establishment; or ( e ) that are already available in the public domain. (3) The Chief Statistician or the director of a research and statistics unit may, in respect of any particulars or information disclosed to any person under subsection (2), impose conditions as to the use of the particulars or information by written notice to that person. (4) If a person discloses any returns or any particulars or information contrary to this section, or fails to comply with any conditions imposed on the person under subsection (3), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: sa-1973
provision_ref: s8
section: 8
title: Impersonation of statistical officer
content:
8. —(1) A person who impersonates a statistical officer shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months. (2) In this section, “statistical officer” means — ( a ) an officer of the Department of Statistics; or ( b ) an officer of a research and statistics unit.


document_id: sa-1973
provision_ref: s9
section: 9
title: Penalties
content:
9. —(1) A person who — ( a ) wilfully refuses or without lawful excuse (the burden of proof of which lies on the person) neglects to furnish the particulars or information required by a requisition within the time allowed for furnishing them or to furnish them in the form specified or prescribed, or to authenticate them in the prescribed manner, or to deliver them at the place or in the manner specified or prescribed for their delivery; ( b ) wilfully furnishes or causes to be furnished any false particulars or information in respect of any matter specified in the requisition requiring particulars or information to be furnished; or ( c ) refuses to answer, or wilfully gives a false answer to, any question necessary for obtaining any particulars or information required by a requisition to be furnished under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction. (2) A certificate under the hand of the Chief Statistician or the director of a research and statistics unit stating that such returns have not been furnished or are incorrect is prima facie evidence of the facts stated in the certificate.


document_id: sa-1973
provision_ref: s10
section: 10
title: Composition of offences
content:
10. The Chief Statistician or the director of a research and statistics unit may compound any of the offences under section 9(1) by accepting from a person reasonably suspected of having committed the offence a sum not exceeding $200.


document_id: sa-1973
provision_ref: s11
section: 11
title: Service of requisition
content:
11. —(1) Subject to any rules made under section 12, a requisition may be served as follows: ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the place of residence of the individual; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the place of business of the individual; or (iv) by affixing a copy of the requisition in a conspicuous place at the usual or last known address of residence or business of the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other similar officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; or (iii) by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in Singapore; ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager thereof; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iii) by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore. (2) Any requisition to be served on the occupier of any premises may be served by delivering it to an adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the requisition to a conspicuous part of the premises. (3) Any requisition to be served on the occupier of any premises is deemed to be properly addressed if addressed by the description of the occupier of the premises without further name or description. (4) If the person on whom service is to be effected has an agent within Singapore, the requisition may be delivered to the agent.


document_id: sa-1973
provision_ref: s12
section: 12
title: Rules
content:
12. —(1) The Minister may make rules — ( a ) regulating the method of collecting data for statistical purposes, the staff to be employed in connection therewith, the duties to be performed and the publication to be issued; ( b ) prescribing the forms in which and the times, places and manner at and in which particulars or information must be furnished, and the manner in which they must be authenticated, and any other thing which under this Act is to be prescribed; ( c ) exempting from the obligation to furnish particulars or information under this Act, either wholly or partly and either unconditionally or subject to any conditions that may be prescribed; and ( d ) generally for carrying out the purposes and provisions of this Act. (2) All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: sa-2024
provision_ref: s2
section: 2
title: Supply from Consolidated Fund
content:
2. —(1) A sum not more than $128,890,856,700 is authorised to be issued from the Consolidated Fund for the period starting 1 April 2024 and ending 31 March 2025. (2) The sum in subsection (1) is appropriated for the Heads of Expenditure for the public service specified in the Schedule.


document_id: sa-2024
provision_ref: s3
section: 3
title: Supply from Development Fund
content:
3. —(1) A sum not more than $37,548,577,800 is authorised to be issued from the Development Fund for the period starting 1 April 2024 and ending 31 March 2025. (2) The sum in subsection (1) is appropriated for development purposes under the Heads of Expenditure specified in the Schedule.


document_id: sa-2025
provision_ref: s2
section: 2
title: Supply from Consolidated Fund
content:
2. —(1) A sum of not more than $139,804,307,900 is authorised to be issued from the Consolidated Fund for the period starting 1 April 2025 and ending 31 March 2026. (2) The sum in subsection (1) is appropriated for the Heads of Expenditure for the public service specified in the Schedule.


document_id: sa-2025
provision_ref: s3
section: 3
title: Supply from Development Fund
content:
3. —(1) A sum of not more than $39,236,834,600 is authorised to be issued from the Development Fund for the period starting 1 April 2025 and ending 31 March 2026. (2) The sum in subsection (1) is appropriated for development purposes under the Heads of Expenditure specified in the Schedule.


document_id: safa-1972
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Singapore Armed Forces Act 1972. (2) Sections 199 and 200 come into operation on a date that the Minister appoints by notification in the Gazette .


document_id: safa-1972
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
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 the person 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 a prison under section 3 of the Prisons Act 1933; “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 commander mentioned 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 4 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 7; “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 meaning given by the Enlistment Act 1970; “non-uniformed serviceman” means a regular serviceman who is not required under the serviceman’s 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 1970; “proper authority” has the meaning given by the Enlistment Act 1970; “publication” includes all written or printed matter and everything whether of a nature similar to written or printed matter or not containing any visible representation or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy and reproduction or substantial reproduction of any publication; [Act 30 of 2021 wef 02/11/2022] “qualified person” has the meaning given by the Legal Profession Act 1966; “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 meaning given by the Enlistment Act 1970; “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, the Chief of Navy or the Chief of Digital and Intelligence Service; [Act 24 of 2022 wef 28/10/2022] “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 4; “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; [17/2004; 28/2009] [Act 30 of 2021 wef 02/11/2022] “words” includes any phrase, sentence or other consecutive number or combination of words, oral or written. [Act 30 of 2021 wef 02/11/2022] (2) In any written law or any document — ( a ) all references to “the Army Board” are to be construed as references to the Armed Forces Council constituted under this Act; ( b ) all references to “court martial” are to 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, air force, or digital and intelligence service of Singapore” are to be construed as references to the Singapore Armed Forces constituted under this Act; [Act 24 of 2022 wef 28/10/2022] ( d ) all references to “a person holding a commission in the armed forces” are to be construed as references to an officer under this Act; and ( e ) all references to “a soldier, enlisted personnel, sailor, seaman, rating or airman” are to be construed as references to a serviceman under this Act. [28/2009] (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 the person 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) Despite 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 is 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 are deemed to be on active service until the declaration is cancelled by the Armed Forces Council.


document_id: safa-1972
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application
content:
3. The following persons are subject to military law and this Act applies to them, subject to such exclusions or variations in relation to non‑uniformed servicemen as may be prescribed: ( a ) regular servicemen and full-time national servicemen in the Singapore Armed Forces from the time their liability to report for enlistment or service arises until such time as they are lawfully discharged or released; ( b ) operationally ready national servicemen from the time that they are ordered to report for enlistment or service, whether they have complied with such order or not, and while in uniform or performing service in the Singapore Armed Forces or the People’s Defence Force pursuant to section 14 of the Enlistment Act 1970, and while called out for mobilised service pursuant to sections 16 and 17 of that Act or when called out to duty in aid of the civil power; ( c ) all civilians who are in the service of the Singapore Armed Forces when engaged on active service; ( d ) all civilians, not otherwise subject to military law, who are followers of, or accompany, the Singapore Armed Forces when engaged on active service; ( e ) officers and soldiers belonging to a Commonwealth or foreign force when attached to or seconded for service with or otherwise acting as part of or with any portion of the Singapore Armed Forces; and ( f ) volunteers during the period that they are ordered to report for service, whether they have complied with such order or not.


document_id: safa-1972
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Liability for military offences
content:
4. Every person subject to military law by virtue of section 3 shall be liable to be tried by subordinate military courts for any military offence and by a disciplinary officer for any offence specified in the First Schedule. [Act 25 of 2023 wef 01/12/2023] 5. [ Repealed by Act 4 of 2021 ]


document_id: safa-1972
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Jurisdiction of civil courts
content:
6. This Act does not affect the jurisdiction of civil courts to try a person subject to military law for any civil offence.


document_id: safa-1972
provision_ref: s7
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 7
title: Establishment and organisation of Singapore Armed Forces
content:
7. —(1) It is lawful for the President in accordance with this Act and any regulations made under this Act to raise and maintain a force to be known as the Singapore Armed Forces which is a unified force consisting of army, air force, navy, and digital and intelligence service commands and each command consisting of as many servicemen as the President may from time to time determine. [Act 24 of 2022 wef 28/10/2022] (2) The servicemen in each command must be formed into such units, corps, regiments, services or other like bodies and divisions as the President may from time to time determine. (3) The President may disband any command, unit, corps, regiment, service or other like body or division constituted under subsection (2) in whole or in part or amalgamate any such command, unit, corps, regiment, service or other body or division or alter the name or title thereof. (4) The Singapore Army and the People’s Defence Force and any other force that was raised and maintained under any written law repealed by this Act which were in existence immediately before 15 June 1972 shall, on or after that date, be deemed to be included in the Singapore Armed Forces raised and maintained under this Act.


document_id: safa-1972
provision_ref: s8
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 8
title: Establishment of Armed Forces Council
content:
8. —(1) For the purposes of the administration of matters relating to the Singapore Armed Forces under this Act, an Armed Forces Council is established consisting of — ( a ) one or more Ministers charged with the responsibility for defence and any other Minister who has been assigned to assist them; ( b ) the Permanent Secretary, or all the Permanent Secretaries (if there is more than one), of the Ministry of Defence; ( c ) the Chief of Defence Force; ( d ) the Chief of Army; ( e ) the Chief of Air Force; ( f ) the Chief of Navy; [Act 24 of 2022 wef 28/10/2022] ( fa ) the Chief of Digital and Intelligence Service; and [Act 24 of 2022 wef 28/10/2022] ( g ) not more than 4 other members as the President may appoint if the President, acting in his or her discretion, concurs with the advice of the Prime Minister. (2) The Minister charged with the responsibility for defence or, if there is more than one, the principal Minister is the Chairperson of the Armed Forces Council. (3) The appointments mentioned in subsection (1)( g ) may not be revoked unless the President, acting in his or her discretion, concurs with the advice of the Prime Minister. (4) Any appointment or revocation made by the President under this section must be published in the Gazette .


document_id: safa-1972
provision_ref: s8A
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 8A
title: Armed Forces Council to provide for certain matters
content:
8A. The Armed Forces Council may provide for the following matters: ( a ) the organisation of its work and the manner in which its functions are to be performed, and the keeping of records and minutes; ( b ) the duties and responsibilities of the members of the Council including the delegation to any member of the Council of any of its powers or duties; ( c ) the consultation by the Council with persons other than its members; and ( d ) the procedure to be followed by the Council in conducting its business.


document_id: safa-1972
provision_ref: s8B
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 8B
title: Quorum
content:
8B. —(1) Subject to subsections (2) and (3), the quorum for a meeting of the Armed Forces Council is 3 members. (2) Business must not be transacted at any meeting of the Armed Forces Council unless the following members of the Council are present: ( a ) the Chairperson of the Council; ( b ) a Permanent Secretary of the Ministry of Defence; and ( c ) the Chief of Defence Force, Army, Air Force, Navy, or Digital and Intelligence Service. [Act 24 of 2022 wef 28/10/2022] (3) Where the Chairperson of the Armed Forces Council is unable to attend any meeting of the Council, the Council may meet and transact any business if a member present at such a meeting has been appointed by the Chairperson to act on the Chairperson’s behalf. (4) A decision of the Armed Forces Council on any matter made at that meeting does not take effect unless the written consent of the Chairperson of the Council under the hand of the Chairperson has been obtained therefor.


document_id: safa-1972
provision_ref: s8C
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 8C
title: Committees appointed by Armed Forces Council
content:
8C. —(1) The Armed Forces Council may appoint committees consisting of one or more persons who may or may not be members of the Armed Forces Council, either for general or specific purposes (including disciplinary matters and to conduct inquiries). (2) The Armed Forces Council may delegate to such committees power to do any specific act or carry out any specific function. (3) Every committee appointed under subsection (1) reports to the Armed Forces Council. (4) Sections 113, 185, 187, 188, 189, 190 and 191 apply, with the necessary modification and adaptation, to a committee of inquiry appointed under subsection (1).


document_id: safa-1972
provision_ref: s9
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 9
title: Style, seal and proceedings of Armed Forces Council
content:
9. —(1) The Armed Forces Council may for all purposes be described by that name. (2) The Armed Forces Council must have an official seal, which must be officially and judicially noticed, and that seal must be authenticated by the signature of the Chairperson of the Armed Forces Council, or of a secretary, or of some person authorised by the Armed Forces Council to act on behalf of a secretary. (3) Every document purporting to be an instrument issued by the Armed Forces Council, and to be sealed with the seal of the Armed Forces Council, authenticated in the manner provided by this Act, or to be signed by a secretary or any person authorised by the Armed Forces Council to act on behalf of a secretary, shall be received in evidence, and is deemed to be such an instrument without further proof, unless the contrary is shown. (4) A certificate signed by the Chairperson of the Armed Forces Council that any instrument purporting to be made or issued by the Council was so made or issued is conclusive evidence of the fact.


document_id: safa-1972
provision_ref: s10
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 10
title: Appointment of officers
content:
10. —(1) Subject to section 10A, officers of the Singapore Armed Forces may be appointed either by the President or by the proper authority who or which may, without giving any reason, cancel the appointment. (2) An appointment made under subsection (1) must be in the prescribed form. (3) Officers appointed under subsection (1) are deemed to be officers of the Singapore Armed Forces from the date specified in their appointments. (4) Officers may from time to time be promoted or advanced in rank by the proper authority. (5) Any officer who has been commissioned pursuant to the repealed section 78 of the Singapore Army Act 1965 or has been appointed by the proper authority to hold the rank of officer and who has held that rank immediately before 15 June 1972 is for all purposes deemed to have been appointed as an officer under this Act.


document_id: safa-1972
provision_ref: s10A
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 10A
title: Appointment of Chief of Defence Force and Service Chiefs
content:
10A. —(1) The President acting in his or her discretion may, if the President concurs with the advice of the Prime Minister who must before tendering such advice consult the Armed Forces Council, appoint from among the officers of the Singapore Armed Forces a Chief of Defence Force, a Chief of Army, a Chief of Air Force, a Chief of Navy and a Chief of Digital and Intelligence Service. [Act 24 of 2022 wef 28/10/2022] (2) The appointments mentioned in subsection (1) may not be revoked unless the President, acting in his or her discretion, concurs with the advice of the Prime Minister who must before tendering such advice consult the Armed Forces Council. (3) The Chief of Defence Force must perform the duties of the Chief of Army, the Chief of Air Force, the Chief of Navy or the Chief of Digital and Intelligence Service (as the case may be) when any of them is unable to carry out his or her duties by reason of absence, illness or otherwise. [Act 24 of 2022 wef 28/10/2022] (4) The Minister may direct the Chief of Army, the Chief of Air Force, the Chief of Navy or the Chief of Digital and Intelligence Service, as the Minister thinks fit, to perform the duties of the Chief of Defence Force when the latter is unable to carry out his or her duties by reason of absence, illness or otherwise. [Act 24 of 2022 wef 28/10/2022] (5) Any appointment or revocation made by the President under this section must be published in the Gazette . [Act 24 of 2022 wef 28/10/2022]


document_id: safa-1972
provision_ref: s10B
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 10B
title: Appointment of warrant officers
content:
10B. —(1) Warrant officers of the Singapore Armed Forces may be appointed by the Armed Forces Council or by the proper authority which may, without giving any reason, cancel any such appointment. (2) An appointment made under subsection (1) must be in the prescribed form. (3) Warrant officers appointed under subsection (1) are deemed to be warrant officers of the Singapore Armed Forces from the date specified in their appointments. (4) Warrant officers may from time to time be promoted or advanced in rank by the proper authority. (5) Any warrant officer who has been appointed by the proper authority to hold the rank of warrant officer and who has held that rank immediately before 1 July 1992 is for all purposes deemed to have been appointed as a warrant officer. (6) Every warrant officer appointed before 1 July 1992 is deemed to be appointed under subsection (1).


document_id: safa-1972
provision_ref: s10C
chapter: PART 2 - ORGANISATION OF SINGAPORE ARMED FORCES
section: 10C
title: Appointment of senior military experts
content:
10C. —(1) Senior military experts of the Singapore Armed Forces are to be appointed by the President or by the proper authority who or which may, without giving any reason, cancel any such appointment. [28/2009] (2) An appointment made under subsection (1) must be in the prescribed form. [28/2009] (3) Senior military experts appointed under subsection (1) are deemed to be senior military experts of the Singapore Armed Forces from the date specified in their appointments. [28/2009] (4) Senior military experts may from time to time be promoted or advanced in rank by the proper authority. [28/2009]


document_id: safa-1972
provision_ref: s11
chapter: PART 3 - MILITARY OFFENCES
section: 11
title: Misconduct in action
content:
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 or her 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, the person — ( a ) fails to use his or her utmost exertions to carry out the lawful orders of his or her superiors (being officers or senior military experts); ( 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 or her 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 cooperating 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. [28/2009] (3) A 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.


document_id: safa-1972
provision_ref: s12
chapter: PART 3 - MILITARY OFFENCES
section: 12
title: Assisting enemy
content:
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 or her from the enemy; ( c ) furnishes the enemy with supplies of any description; ( 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 or herself 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 cooperating 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 cooperating 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.


document_id: safa-1972
provision_ref: s13
chapter: PART 3 - MILITARY OFFENCES
section: 13
title: Unauthorised disclosure of information
content:
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 is a defence for a person charged with an offence under this section that he or she 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.


document_id: safa-1972
provision_ref: s14
chapter: PART 3 - MILITARY OFFENCES
section: 14
title: Offences in connection with captivity
content:
14. Every person subject to military law who — ( a ) is captured by the enemy through his or her negligence or disobedience; or ( b ) being captured by the enemy, does not take any reasonable steps which are available to him or her 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.


document_id: safa-1972
provision_ref: s15
chapter: PART 3 - MILITARY OFFENCES
section: 15
title: Mutiny
content:
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 or she 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) In 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 cooperating therewith or any part of those forces; ( b ) to disobey lawful authority in circumstances that 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 cooperating therewith or any part of those forces.


document_id: safa-1972
provision_ref: s16
chapter: PART 3 - MILITARY OFFENCES
section: 16
title: Offences by or in relation to sentries, persons on watch, etc.
content:
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 or her duty to be; ( b ) strikes or otherwise uses force against a member of the Singapore Armed Forces or of any forces cooperating 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 ( c ) by the threat of force compels any member mentioned in paragraph ( b ) to let him or her or any other person pass, 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.


document_id: safa-1972
provision_ref: s17
chapter: PART 3 - MILITARY OFFENCES
section: 17
title: Disobedience of, non-compliance with lawful orders, etc.
content:
17. —(1) Every person subject to military law who by words or behaviour wilfully disobeys any lawful order, by whatever means communicated to him or her, 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, the 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, the 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.


document_id: safa-1972
provision_ref: s18
chapter: PART 3 - MILITARY OFFENCES
section: 18
title: Looting
content:
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 operations 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.


document_id: safa-1972
provision_ref: s19
chapter: PART 3 - MILITARY OFFENCES
section: 19
title: Insubordinate behaviour
content:
19. —(1) Every person subject to military law shall be guilty of an offence if the person — ( 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. [Act 24 of 2022 wef 28/10/2022] (1A) A person who is guilty of an offence under subsection (1)( a ) shall be liable on conviction by a subordinate military court to — ( a ) if the offence is committed during active service — imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act; and ( b ) in any other case — imprisonment for a term not exceeding 4 years or any less punishment authorised by this Act. [Act 24 of 2022 wef 28/10/2022] (1B) A person who is guilty of an offence under subsection (1)( b ) shall be liable on conviction by a subordinate military court to — ( a ) if the offence is committed during active service — imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act; and ( b ) in any other case — imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act. [Act 24 of 2022 wef 28/10/2022] (2) It is a defence for any person charged under this section to prove that he or she 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.


document_id: safa-1972
provision_ref: s20
chapter: PART 3 - MILITARY OFFENCES
section: 20
title: Obstruction of military policemen
content:
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. (2) It is a defence for any person charged under this section to prove that he or she 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 military policeman or (as the case may be) a person legally exercising authority under, or on behalf of, a military policeman.


document_id: safa-1972
provision_ref: s21
chapter: PART 3 - MILITARY OFFENCES
section: 21
title: Disobedience of general orders
content:
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 the person or which the person 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.


document_id: safa-1972
provision_ref: s22
chapter: PART 3 - MILITARY OFFENCES
section: 22
title: Absence without leave
content:
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 or she 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 is a defence for any person charged under this section to prove that his or her absence was a result of circumstances over which he or she had no control.


document_id: safa-1972
provision_ref: s23
chapter: PART 3 - MILITARY OFFENCES
section: 23
title: Desertion
content:
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 or she — ( a ) leaves or fails to attend at his or her 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 or her place of duty in the Singapore Armed Forces, thereafter forms the like intention; or ( b ) absents himself or herself without leave with intent to avoid service or any particular service before the enemy, and references in this Act to desertion are to be construed accordingly.


document_id: safa-1972
provision_ref: s24
chapter: PART 3 - MILITARY OFFENCES
section: 24
title: Failure to report deserters and absentees
content:
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 or her 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.


document_id: safa-1972
provision_ref: s25
chapter: PART 3 - MILITARY OFFENCES
section: 25
title: Conduct to prejudice of good order or discipline
content:
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.


document_id: safa-1972
provision_ref: s26
chapter: PART 3 - MILITARY OFFENCES
section: 26
title: Cruel, indecent or disgraceful conduct
content:
26. Every person subject to military law who behaves in a cruel, indecent or disgraceful manner or in a manner unbecoming of 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.


document_id: safa-1972
provision_ref: s27
chapter: PART 3 - MILITARY OFFENCES
section: 27
title: Non-prevention of offences
content:
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.


document_id: safa-1972
provision_ref: s28
chapter: PART 3 - MILITARY OFFENCES
section: 28
title: Ill-treatment
content:
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 or her 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.


document_id: safa-1972
provision_ref: s29
chapter: PART 3 - MILITARY OFFENCES
section: 29
title: Abuse of authority
content:
29. Every person subject to military law who knowingly exceeds his or her 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.


document_id: safa-1972
provision_ref: s30
chapter: PART 3 - MILITARY OFFENCES
section: 30
title: Personation and excess of authority
content:
30. —(1) Every person subject to military law who without authority holds himself or herself 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 or she 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 or herself 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.


document_id: safa-1972
provision_ref: s31
chapter: PART 3 - MILITARY OFFENCES
section: 31
title: Creating despondency or alarm
content:
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 ( c ) behaviour, 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 or her 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.


document_id: safa-1972
provision_ref: s32
chapter: PART 3 - MILITARY OFFENCES
section: 32
title: Malingering
content:
32. Every person subject to military law who — ( a ) falsely pretends to be suffering from any sickness; ( b ) injures himself or herself any other person subject to military law with intent thereby to render himself or herself or that other person unfit for service, or causes himself or herself 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 or herself 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.


document_id: safa-1972
provision_ref: s33
chapter: PART 3 - MILITARY OFFENCES
section: 33
title: Intoxication
content:
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.


document_id: safa-1972
provision_ref: s34
chapter: PART 3 - MILITARY OFFENCES
section: 34
title: Possession, etc., of drugs or psychoactive substances
content:
34. —(1) Every person subject to military law who has in his or her possession, smokes, administers to himself or herself or otherwise consumes any dangerous, prohibited or controlled drug or any psychoactive substance as defined in any written law relating to the misuse or control of drugs or harmful substances 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. [Act 12 of 2023 wef 01/06/2024] (2) In any proceedings for an offence under subsection (1) for the possession of a psychoactive substance, it is a defence for the accused to prove, on a balance of probabilities, that the accused had the psychoactive substance in his or her possession for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. [Act 12 of 2023 wef 01/06/2024] (3) In any proceedings for an offence under subsection (1) for possessing, smoking, administering or consuming a psychoactive substance — ( a ) for the purpose of proving that a substance or product is a psychoactive substance — (i) it is sufficient for the prosecution to prove that the substance or product has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; and (ii) it is not necessary for the prosecution to prove that the substance or product is not an excluded substance; and ( b ) a person who asserts that the psychoactive substance mentioned in paragraph ( a ) is an excluded substance bears the burden of proving that assertion on a balance of probabilities. [Act 12 of 2023 wef 01/06/2024] (4) In this section, “excluded substance” and “psychoactive effect” have the meanings given by section 2 of the Misuse of Drugs Act 1973. [Act 12 of 2023 wef 01/06/2024]


document_id: safa-1972
provision_ref: s35
chapter: PART 3 - MILITARY OFFENCES
section: 35
title: Abandonment of aircraft or vessel
content:
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.


document_id: safa-1972
provision_ref: s36
chapter: PART 3 - MILITARY OFFENCES
section: 36
title: Causing or allowing any ship, vessel or aircraft to be lost or hazarded
content:
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 or she 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.


document_id: safa-1972
provision_ref: s37
chapter: PART 3 - MILITARY OFFENCES
section: 37
title: Offences by commanding officer in relation to ship, vessel or aircraft taken as prize
content:
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 General Division of 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 ) pursuant to 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. [40/2019]


document_id: safa-1972
provision_ref: s38
chapter: PART 3 - MILITARY OFFENCES
section: 38
title: Further offences in relation to ship, vessel or aircraft taken as prize
content:
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 or her possession; ( b ) removes out of any ship, vessel or aircraft taken as prize (otherwise than for safekeeping 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.


document_id: safa-1972
provision_ref: s39
chapter: PART 3 - MILITARY OFFENCES
section: 39
title: Offences by officer, etc., serving in ship involved in convoying and protection of vessel
content:
39. Every officer, warrant officer or military expert of or above the rank of ME3 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 or her convoy; ( b ) refuses to fight in the defence of a vessel in his or her convoy when it is attacked; or ( c ) cowardly abandons or exposes a vessel in his or her convoy to hazards, 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. [28/2009]


document_id: safa-1972
provision_ref: s40
chapter: PART 3 - MILITARY OFFENCES
section: 40
title: Disobeying lawful command of captain of ship
content:
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 of whatever rank is, when he or she is in a ship, 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.


document_id: safa-1972
provision_ref: s41
chapter: PART 3 - MILITARY OFFENCES
section: 41
title: Endangering life or property
content:
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 or she 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 or she 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.


document_id: safa-1972
provision_ref: s42
chapter: PART 3 - MILITARY OFFENCES
section: 42
title: Damage to, and loss of, Singapore Armed Forces property, etc.
content:
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 the property consists of arms, or is an aircraft, a vessel or a vehicle, the 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.


document_id: safa-1972
provision_ref: s43
chapter: PART 3 - MILITARY OFFENCES
section: 43
title: Dishonest misappropriation of Singapore Armed Forces property
content:
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 — ( c ) where the property stolen or dishonestly misappropriated consists of an aircraft, a vessel, or arms — to imprisonment for a term not exceeding 7 years; or ( d ) in any other case — to imprisonment for a term not exceeding 3 years or any less punishment authorised by this Act.


document_id: safa-1972
provision_ref: s44
chapter: PART 3 - MILITARY OFFENCES
section: 44
title: Misapplication and waste of Singapore Armed Forces property
content:
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.


document_id: safa-1972
provision_ref: s45
chapter: PART 3 - MILITARY OFFENCES
section: 45
title: Unlawful arrest
content:
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.


document_id: safa-1972
provision_ref: s46
chapter: PART 3 - MILITARY OFFENCES
section: 46
title: Resistance to arrest
content:
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 her or to place him or her in custody, or in whose custody he or she 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.


document_id: safa-1972
provision_ref: s47
chapter: PART 3 - MILITARY OFFENCES
section: 47
title: Escape and permitting escape and unlawful release from custody
content:
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 or her charge, or whom it is his or her 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 or her 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.


document_id: safa-1972
provision_ref: s48
chapter: PART 3 - MILITARY OFFENCES
section: 48
title: Contempt
content:
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 or her custody or control which a subordinate military court, a disciplinary officer, a board of inquiry or an investigating officer lawfully requires him or her 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 or her 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 the offender to be imprisoned for a term not exceeding 21 days or to be fined a sum not exceeding $50.


document_id: safa-1972
provision_ref: s49
chapter: PART 3 - MILITARY OFFENCES
section: 49
title: False evidence
content:
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 or she 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.


document_id: safa-1972
provision_ref: s50
chapter: PART 3 - MILITARY OFFENCES
section: 50
title: Falsification of documents
content:
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 or her 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 or her knowledge false in a material particular, or suppresses, defaces, destroys or makes away with any such document or entry which it is his or her duty to preserve or produce; or ( c ) with intent to deceive, fails to make an entry or fails to reveal any material fact in any such document, 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.


document_id: safa-1972
provision_ref: s51
chapter: PART 3 - MILITARY OFFENCES
section: 51
title: Refusing medical or dental examination and treatment
content:
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 ( c ) medical or dental treatment, 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.


document_id: safa-1972
provision_ref: s52
chapter: PART 3 - MILITARY OFFENCES
section: 52
title: Obstructing investigation
content:
52. Every person subject to military law who does not comply with an investigating officer’s request to submit to the taking of the person’s 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.


document_id: safa-1972
provision_ref: s53
chapter: PART 3 - MILITARY OFFENCES
section: 53
title: Inaccurate certification
content:
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 seagoing 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; ( c ) any other gear, apparatus or instrument 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.


document_id: safa-1972
provision_ref: s54
chapter: PART 3 - MILITARY OFFENCES
section: 54
title: Dangerous flying, etc.
content:
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) However, if the person has not acted wilfully or with wilful neglect he or she shall not be liable to be imprisoned for a term exceeding 2 years.


document_id: safa-1972
provision_ref: s55
chapter: PART 3 - MILITARY OFFENCES
section: 55
title: Low flying
content:
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 another person who is in command of the aircraft, that other person is to be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.


document_id: safa-1972
provision_ref: s56
chapter: PART 3 - MILITARY OFFENCES
section: 56
title: Annoyance by flying
content:
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. (2) Where a pilot flies an aircraft in contravention of this section on the orders of another person who is in command of the aircraft, that other person is to be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.


document_id: safa-1972
provision_ref: s57
chapter: PART 3 - MILITARY OFFENCES
section: 57
title: Irregular arrest and confinement
content:
57. Every person subject to military law ( A ) who, when another person subject thereto ( B ) is under arrest — ( a ) unnecessarily delays the taking of such steps as is A ’s duty to take for investigating the allegations against B or for having the allegations against B investigated pursuant to this Act or tried by a subordinate military court, as the case may be; ( b ) fails to release B , or effect B ’s release, when it is A ’s duty to do so; or ( c ) being a disciplinary officer, unnecessarily delays dealing with a charge against an accused under Part 4, 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.


document_id: safa-1972
provision_ref: s58
chapter: PART 3 - MILITARY OFFENCES
section: 58
title: Abetments and attempts
content:
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 the person shall not be liable to any greater punishment than imprisonment.


document_id: safa-1972
provision_ref: s59
chapter: PART 3 - MILITARY OFFENCES
section: 59
title: Justification, excuse and defence
content:
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 are applicable to any charge under this Act, except insofar as such rules and principles are altered by or are inconsistent with this Act or any regulations made under this Act.


document_id: safa-1972
provision_ref: s60
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 60
title: Interpretation of this Part
content:
60. In this Part, unless the context otherwise requires — “authorised composition officer” means a serviceman authorised to compound offences under section 79A(1); [Act 24 of 2022 wef 28/10/2022] “detachment” means a part of a unit so separated from the unit to which it belongs that the senior disciplinary officer of that unit cannot effectively exercise his or her disciplinary powers over it; “formation” means a brigade or its equivalent in the navy, air force or digital and intelligence service, or any equivalent body of servicemen; [Act 24 of 2022 wef 28/10/2022] “junior disciplinary officer” means, except where otherwise expressly provided, any officer, warrant officer or military expert of or above the rank of ME3 — ( a ) who is in command of a squadron, battery or company or an equivalent sub-unit; or ( b ) in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline; “reversion in rank” means reverting a soldier from a temporary rank to the next substantive rank; “Senior Disciplinary Committee” means a Senior Disciplinary Committee appointed under section 72; “senior disciplinary officer” means — ( a ) any officer, warrant officer or senior military expert who is — (i) in command of a base or unit; or (ii) designated by the Armed Forces Council as a senior disciplinary officer for the purposes of discipline; or ( b ) a commander of a detachment; “superior commander” means any officer or senior military expert who is — ( a ) in command of a command or formation; or ( b ) designated by the Armed Forces Council as a superior commander for the purposes of discipline; “unit” means a battalion or its equivalent in the navy, air force or digital and intelligence service, or any equivalent body of servicemen. [28/2009] [Act 24 of 2022 wef 28/10/2022]


document_id: safa-1972
provision_ref: s61
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 61
title: Summary disposal of charges for offences not specified in First Schedule
content:
61. —(1) A charge made against any person subject to military law in respect of any offence that is not specified in the First Schedule must not be dealt with summarily under the provisions of this Part. [Act 25 of 2023 wef 01/12/2023] (2) The Armed Forces Council may by order amend or vary the First Schedule. [Act 25 of 2023 wef 01/12/2023]


document_id: safa-1972
provision_ref: s62
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 62
title: Charges and jurisdiction
content:
62. —(1) Before an allegation against any person subject to military law (called in this Act the accused) that the person has committed an offence under this Act is further proceeded with, the allegation must — ( a ) be reported in the form of a charge to a disciplinary officer and dealt with in accordance with the provisions of this Part; or ( b ) be referred to an authorised composition officer for composition of the offence under section 79A. [Act 24 of 2022 wef 28/10/2022] (2) If the accused is an officer of the rank of colonel, or a senior military expert of the rank of ME7, the charge must, within such time as may be specified in any regulations made under this Act, be brought before the Chief of Defence Force. [28/2009] (3) If the accused is an officer of the rank of lieutenant‑colonel or senior lieutenant‑colonel, or a senior military expert of the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before any Service Chief. [28/2009] (4) If the accused is an officer below the rank of lieutenant‑colonel, or a senior military expert below the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a superior commander at least 2 ranks above him. [28/2009] (5) If the accused is a warrant officer or a military expert of the rank of ME3, the charge must, within such time as may be specified in any regulations made under this Act be brought before a superior commander. [28/2009] (6) If the accused is a soldier below the rank of warrant officer or ME3, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a junior disciplinary officer. [28/2009] (7) A disciplinary officer other than a Service Chief or the Chief of Defence Force may try an accused only when — ( a ) the accused and the disciplinary officer belong to the same detachment, unit, formation or command; or ( b ) the Armed Forces Council has vested the disciplinary officer with the powers of a senior disciplinary officer or a superior commander or a senior disciplinary officer has vested the disciplinary officer with the powers of a junior disciplinary officer in respect of the accused.


document_id: safa-1972
provision_ref: s63
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 63
title: Powers of junior disciplinary officer when dealing with charge
content:
63. A junior disciplinary officer when dealing with a charge may — ( a ) dismiss the charge if he or she is of the opinion that it ought not to be proceeded with; ( b ) try the accused summarily; or ( c ) if he or she is of the opinion that the charge should not be dealt with by him or her — (i) refer the charge to a senior disciplinary officer for summary trial; or (ii) refer the charge to a senior disciplinary officer recommending that the accused be tried by a subordinate military court.


document_id: safa-1972
provision_ref: s64
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 64
title: Powers of senior disciplinary officer when dealing with charge
content:
64. —(1) A senior disciplinary officer when dealing with a charge may — ( a ) dismiss the charge if he or she is of the opinion that it ought not to be proceeded with; ( b ) try the accused summarily; or ( c ) if he or she is of the opinion that the charge should not be dealt with by him or her, refer it to a superior commander recommending that the accused be tried by a subordinate military court. (2) On receipt of a charge under subsection (1), the superior commander must either — ( a ) direct that the charge be tried by the senior disciplinary officer who referred the charge or by any other senior disciplinary officer; or ( b ) refer the charge to the Director, Legal Services of the Singapore Armed Forces.


document_id: safa-1972
provision_ref: s65
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 65
title: Powers of superior commander when dealing with charge
content:
65. A superior commander when dealing with a charge other than a charge referred to him or her under section 64(1) may — ( a ) dismiss the charge if he or she is of the opinion that it ought not to be proceeded with; ( b ) try the accused summarily; ( c ) if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces.


document_id: safa-1972
provision_ref: s65A
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 65A
title: Powers of Service Chief when dealing with charge
content:
65A. —(1) A Service Chief when dealing with a charge brought before him or her under section 62(3) may — ( a ) dismiss the charge if he or she is of the opinion that it ought not to be proceeded with; ( b ) try the accused summarily; or ( c ) if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces. (2) A Service Chief must try the accused summarily where a charge is referred to him or her under section 67( b )(ii) or 75(4)( a )(i).


document_id: safa-1972
provision_ref: s65B
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 65B
title: Powers of Chief of Defence Force when dealing with charge
content:
65B. —(1) The Chief of Defence Force when dealing with a charge brought before him or her under section 62(2) may — ( a ) dismiss the charge if he or she is of the opinion that it ought not to be proceeded with; ( b ) try the accused summarily; or ( c ) if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces. (2) The Chief of Defence Force must try the accused summarily where a charge is referred to him or her under section 67( b )(iii) or 75(4)( a )(i) or (ii).


document_id: safa-1972
provision_ref: s66
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 66
title: Dismissal of charges
content:
66. —(1) A disciplinary officer must not dismiss a charge unless he or she is satisfied — ( a ) that the charge is groundless; or ( b ) that there are special circumstances which justify its dismissal. (1A) A disciplinary officer must dismiss a charge if the charge relates to an offence that has been compounded under section 79A. [Act 24 of 2022 wef 28/10/2022] (2) A disciplinary officer must record the reasons for the dismissal of a charge. [Act 24 of 2022 wef 28/10/2022]


document_id: safa-1972
provision_ref: s67
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 67
title: Remission of case for trial or otherwise
content:
67. Where a superior commander, a Service Chief or the Chief of Defence Force has referred a charge to the Director, Legal Services of the Singapore Armed Forces, that person may — ( a ) direct that the charge be tried by a subordinate military court; ( b ) with the approval of the Armed Forces Council, direct that the charge be tried by — (i) in the case of a charge referred to him or her by a superior commander — the superior commander, the senior disciplinary officer or any other superior commander or senior disciplinary officer; (ii) in the case of a charge referred to him or her by a Service Chief — the Service Chief, any other Service Chief or the Chief of Defence Force; and (iii) in the case of a charge referred to him or her by the Chief of Defence Force — the Chief of Defence Force; or ( c ) with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of summary trial or by a subordinate military court. [17/2004]


document_id: safa-1972
provision_ref: s68
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 68
title: Powers of punishment of junior disciplinary officer
content:
68. A junior disciplinary officer may, upon conviction of an accused below the rank of warrant officer or ME3, impose any one of the following punishments: ( a ) in the case of servicemen holding trainee ranks which are equivalent to the rank of private, privates and recruits, detention for a period not exceeding 10 days; ( b ) a fine not exceeding — (i) in the case of soldiers above the rank of third sergeant (including military experts), a sum of $2,000; and [Act 24 of 2022 wef 28/10/2022] (ii) in the case of soldiers of the rank of third sergeant and below, a sum not exceeding $600; [Act 24 of 2022 wef 28/10/2022] ( c ) reprimand; ( d ) such minor punishment as the junior disciplinary officer is authorised by regulations made under this Act to award. [6/2006; 28/2009]


document_id: safa-1972
provision_ref: s69
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 69
title: Powers of punishment of senior disciplinary officer
content:
69. —(1) A senior disciplinary officer may, upon conviction of an accused below the rank of warrant officer or ME3, impose any one of the following punishments: ( a ) detention for a period not exceeding 40 days; ( b ) reduction in rank; ( c ) reversion in rank; ( d ) a fine not exceeding — (i) in the case of soldiers above the rank of third sergeant (including military experts), a sum of $3,000; and [Act 24 of 2022 wef 28/10/2022] (ii) in the case of soldiers of the rank of third sergeant and below, a sum not exceeding $1,000; [Act 24 of 2022 wef 28/10/2022] ( e ) reprimand; ( f ) such minor punishment as the senior disciplinary officer is authorised by regulations made under this Act to award. [6/2006; 28/2009] (2) In addition to or in lieu of any other punishment, the senior disciplinary officer may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.


document_id: safa-1972
provision_ref: s70
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 70
title: Powers of punishment of superior commander
content:
70. —(1) A superior commander may upon conviction of an accused who is an officer below the rank of lieutenant‑colonel, a warrant officer or a military expert of the rank of ME3, ME4 or ME5 impose any one of the following punishments: ( a ) forfeiture of seniority of rank and forfeiture of all or any part of his or her service for purposes of promotion; ( b ) a fine not exceeding — (i) in the case of officers who are of the rank of captain or major, or senior military experts who are of the rank of ME4 or ME5, a sum of $6,000; and [Act 24 of 2022 wef 28/10/2022] (ii) in the case of officers below the rank of captain, warrant officers and military experts of the rank of ME3, a sum of $4,000; [Act 24 of 2022 wef 28/10/2022] ( c ) reprimand. [6/2006; 28/2009] (2) In addition to or in lieu of any other punishment, the superior commander may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.


document_id: safa-1972
provision_ref: s70A
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 70A
title: Powers of punishment of Service Chief
content:
70A. —(1) A Service Chief may, upon the conviction of an accused of the rank of lieutenant‑colonel, senior lieutenant‑colonel or ME6, impose any one or all of the following punishments: ( a ) forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion; ( b ) a fine not exceeding a sum of $10,000; [Act 24 of 2022 wef 28/10/2022] ( c ) reprimand. [6/2006; 28/2009] (2) In addition to or in lieu of any other punishment, a Service Chief may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.


document_id: safa-1972
provision_ref: s70B
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 70B
title: Powers of punishment of Chief of Defence Force
content:
70B. —(1) The Chief of Defence Force may, upon the conviction of an accused of the rank of lieutenant‑colonel, senior lieutenant‑colonel, colonel, ME6 or ME7, impose any one or all of the following punishments: ( a ) forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion; ( b ) a fine not exceeding a sum of $10,000; [Act 24 of 2022 wef 28/10/2022] ( c ) reprimand. [6/2006; 28/2009] (2) In addition to or in lieu of any other punishment, the Chief of Defence Force may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.


document_id: safa-1972
provision_ref: s71
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 71
title: Detention in default of fine
content:
71. —(1) A disciplinary officer, if he or she 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 or her on any offender, the offender shall, subject to subsection (2), 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) is — ( a ) if the fine does not exceed $300 — detention for a period not exceeding 10 days; ( b ) if the fine exceeds $300 but does not exceed $1,000 — detention for a period not exceeding 20 days; and ( c ) in any other case — detention for a period not exceeding 40 days, and such detention takes effect from such date as the disciplinary officer may direct and ends when the fine is paid. [6/2006]


document_id: safa-1972
provision_ref: s72
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 72
title: Power of Senior Disciplinary Committee
content:
72. —(1) A charge against an officer of or above the rank of brigadier‑general or rear admiral (one-star) or a senior military expert of or above the rank of ME8, may be dealt with summarily by a Senior Disciplinary Committee appointed by the Chairperson of the Armed Forces Council for that purpose. [28/2009] [Act 24 of 2022 wef 28/10/2022] (2) Despite subsection (1), a Senior Disciplinary Committee has the power to deal with a charge against an officer of the rank of colonel, or a senior military expert of the rank of ME7, in any case referred to it by the Armed Forces Council under section 75(4)( a )(ii). [28/2009] (3) The Senior Disciplinary Committee must consist of at least 3 members of the Armed Forces Council or any other uneven number, the majority of whom must be members of the Singapore Armed Forces. (4) The members of the Senior Disciplinary Committee must be equivalent or superior in rank to the accused or must each be holding an appointment equivalent or superior to that held by the accused. [28/2009] (5) The seniority of such appointments is to be determined by the Chairperson of the Armed Forces Council. (6) The Senior Disciplinary Committee may — ( a ) dismiss the charge if it is of the opinion that the charge ought not to be proceeded with; or ( b ) deal with the case summarily and upon conviction of the accused, impose any one or all of the following punishments: (i) forfeiture of seniority of rank and forfeiture of all or any part of service for purposes of promotion; (ii) a fine not exceeding a sum of $30,000; [Act 24 of 2022 wef 28/10/2022] (iii) reprimand. [6/2006] (7) In addition to or in lieu of any other punishment, the Senior Disciplinary Committee may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act. (8) Where the Senior Disciplinary Committee considers under this section that the accused should be tried by a subordinate military court, the Committee must refer the charge to the Director, Legal Services of the Singapore Armed Forces. (9) Where the Senior Disciplinary Committee has proceeded to deal with a case summarily under this section and is satisfied on the evidence as to the guilt of the accused, the Committee must, before proceeding to conviction and punishment other than a reprimand, give the accused an opportunity of electing to be tried by a subordinate military court. (10) If the accused so elects, the Committee must refer the charge to the Director, Legal Services of the Singapore Armed Forces who must direct that the charge be tried by a subordinate military court. [17/2004] (11) Every decision of the Senior Disciplinary Committee must be in accordance with the opinion of the majority of the members dealing with the case.


document_id: safa-1972
provision_ref: s73
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 73
title: Compensation
content:
73. —(1) Where an accused is convicted by a disciplinary officer or a Senior Disciplinary Committee, the disciplinary officer or Senior Disciplinary Committee may, in addition to any other punishment but subject to subsection (2), order the accused to pay compensation to the party who suffered damage or loss because of the offence. (2) The amount of compensation that may be ordered by a junior disciplinary officer must not exceed a sum of $50 and the amount of compensation ordered by a senior disciplinary officer, a superior commander, a Service Chief, the Chief of Defence Force or a Senior Disciplinary Committee must not exceed a sum of $100.


document_id: safa-1972
provision_ref: s74
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 74
title: Recovery of compensation
content:
74. An order for payment of compensation made under section 73 does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation paid under the order.


document_id: safa-1972
provision_ref: s75
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 75
title: Power to quash finding of disciplinary officer
content:
75. —(1) The Armed Forces Council may, upon the advice of the Director, Legal Services of the Singapore Armed Forces — ( a ) quash any finding, sentence, order of dismissal of a charge or award of compensation of a disciplinary officer; ( b ) substitute any new finding for any finding of guilt made by a disciplinary officer that is illegal or cannot be supported by the evidence if the new finding could validly have been made by the disciplinary officer on the charge and if it appears that the disciplinary officer was satisfied of the facts establishing the offence specified or involved in the new finding; ( c ) substitute another punishment or a lesser punishment where the sentence of a disciplinary officer is invalid or unduly excessive but so that the punishment substituted is not in any event greater or more severe than that awarded by the disciplinary officer. (2) Any substituted finding or sentence under subsection (1) is to be treated for all purposes as a finding or sentence of the disciplinary officer. (3) In the case where servicemen are serving outside Singapore, the powers under subsection (1) must be exercised — ( a ) in relation to any finding, sentence, order of dismissal of a charge or award of compensation of a Service Chief or the Chief of Defence Force — by the Armed Forces Council, except that where the person for the time being holding the appointment of a Service Chief or the Chief of Defence Force is the person who made the finding, sentence, order or award, he or she must not sit as a member of the Armed Forces Council for the purposes of this paragraph; and ( b ) in any other case — by an officer or a senior military expert appointed by the Armed Forces Council. [28/2009] (4) Where 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 subsection (1)( a ), the Council may — ( a ) refer the case to be re‑tried — (i) where the disciplinary officer is a Service Chief, by the Service Chief or, if the Council is of the opinion that the case should not be re‑tried by the Service Chief, any other Service Chief or the Chief of Defence Force; (ii) where the disciplinary officer is the Chief of Defence Force, by the Chief of Defence Force or, if the Council is of the opinion that the case should not be re‑tried by the Chief of Defence Force, by a Senior Disciplinary Committee; and (iii) in any other case, by the same or another disciplinary officer; or ( b ) if the Council is of the opinion that the case should be re‑tried by a subordinate military court, refer the charge to the Director, Legal Services of the Singapore Armed Forces. (5) The Armed Forces Council may at any time suspend the execution of any sentence passed by a disciplinary officer for any period the Council thinks fit.


document_id: safa-1972
provision_ref: s76
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 76
title: Inapplicability of law of evidence
content:
76. A disciplinary officer or a Senior Disciplinary Committee is not bound by the laws of evidence and must act in the manner that seems to the officer or the Committee most expedient for the disposal of the charge.


document_id: safa-1972
provision_ref: s77
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 77
title: Right of accused to elect for trial by subordinate military court
content:
77. —(1) Despite the provisions of this Part but subject to this section, a disciplinary officer who has proceeded to deal with a case summarily and is satisfied on the evidence as to the accused’s guilt must, before proceeding to conviction and punishment, other than a reprimand or minor punishment, give the accused an opportunity of electing to be tried by a subordinate military court. (2) If the accused so elects, the disciplinary officer must forward the charge‑sheet, record of the evidence and any other particulars that may be prescribed to the Director, Legal Services of the Singapore Armed Forces who may — ( a ) direct that the charge be tried by a subordinate military court; or ( b ) with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of summary trial or by a subordinate military court. [17/2004] (3) Where under subsection (1) the disciplinary officer considers that in the circumstances of the case a proper punishment for the offence would be a reprimand or a minor punishment, the disciplinary officer may proceed to the conviction of the accused without giving the accused an opportunity of electing to be tried by a subordinate military court.


document_id: safa-1972
provision_ref: s78
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 78
title: Time limits for summary trial
content:
78. —(1) Subject to subsection (2), a person must not be tried by a disciplinary officer — ( a ) if the person has been released or discharged within 6 months after the commission of the offence — after the expiry of 3 years from the date of the commission of the offence; ( b ) if the person is an operationally ready national serviceman at the time of the commission of the offence — after the expiry of 3 years from that time; ( c ) in any other case — after the expiry of 6 months from the date of the commission of the offence. (2) Despite subsection (1), the Armed Forces Council or any officer, senior military expert or person authorised by the Council may by written order direct a person to be tried after the expiry of the period of 6 months or 3 years mentioned in subsection (1) where the circumstances of the case warrant such a summary trial. [28/2009] (3) A person must not be tried after the expiry of any time limit specified in section 111 for the trial of any offence referred to in that section.


document_id: safa-1972
provision_ref: s79
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 79
title: Record of proceedings
content:
79. Every disciplinary officer must keep a record of proceedings conducted by him or her under this Part and upon the conclusion of the proceedings must forward the record to the Director, Legal Services of the Singapore Armed Forces.


document_id: safa-1972
provision_ref: s79A
chapter: PART 4 - SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
section: 79A
title: Composition of offences under this Part
content:
79A. —(1) Subject to subsection (2), any serviceman authorised by the Armed Forces Council to compound offences may compound any offence specified in the First Schedule that is prescribed as a compoundable offence (called in this section a prescribed offence) by collecting from an accused reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) either — (i) one half of the amount of the maximum fine that is prescribed for the offence; or (ii) one half of the amount of the maximum fine that is authorised to be imposed by a disciplinary officer on the accused for the offence at a summary trial, if lower than the amount in sub-paragraph (i) or if no maximum fine is prescribed; ( b ) $5,000. [Act 25 of 2023 wef 01/12/2023] (2) An authorised composition officer must not compound a prescribed offence reasonably suspected to have been committed by an accused who is in the same chain of command as the authorised composition officer. (3) For the purposes of subsection (2), an authorised composition officer is not in the same chain of command as an accused by reason only of being in the same formation as the accused. (4) On payment of the sum of money under subsection (1), no further proceedings are to be taken against the accused in respect of the prescribed offence. (5) All sums collected for the composition of an offence under subsection (1) must be paid into the Consolidated Fund. [Act 24 of 2022 wef 28/10/2022]


document_id: safa-1972
provision_ref: s80
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 80
title: Subordinate military courts
content:
80. For the purposes of this Act, there shall be the following courts: ( a ) general courts martial; and ( b ) field general courts martial, and in this Act when these courts are collectively mentioned they are called subordinate military courts.


document_id: safa-1972
provision_ref: s80A
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 80A
title: General courts martial panel
content:
80A. —(1) For the purpose of enabling general courts martial to be constituted in accordance with this Part, the convening authority must appoint a panel (called in this Act the general courts martial panel) consisting of as many officers, senior military experts and non‑uniformed servicemen in officer grades as the convening authority may determine. [17/2004; 28/2009] (2) A member of the general courts martial panel is appointed for such term as the convening authority may determine. [17/2004] (3) The convening authority may at any time revoke the appointment of any member of the general courts martial panel. [17/2004]


document_id: safa-1972
provision_ref: s81
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 81
title: Constitution and jurisdiction of general courts martial
content:
81. —(1) The general courts martial consist of the following courts: ( a ) judge courts martial; ( b ) panel courts martial. [17/2004] (2) Every general court martial is constituted — ( a ) by the convening authority; and ( b ) subject to subsection (7), from the members of the general courts martial panel. [17/2004] (3) A judge court martial consists of a president, who must be a qualified person and, subject to subsection (6)( a ), an officer of or above the rank of major or a senior military expert of or above the rank of ME5. [17/2004; 28/2009] (4) A panel court martial consists of the following members: ( a ) a president who, subject to subsections (6)( b ) and (7), must be an officer of or above the rank of major or a senior military expert of or above the rank of ME5; and ( b ) subject to subsections (5) and (6)( c ), 2 or any greater even number of other members — (i) each of whom must be an officer or a senior military expert; and (ii) at least one of whom must be an officer of or above the rank of captain or a senior military expert. [17/2004; 28/2009] (5) Where a panel court martial is constituted for the trial of a non‑uniformed serviceman, the members mentioned in subsection (4)( b ) may include, in place of the corresponding number of officers or senior military experts, not more than 2 non‑uniformed servicemen in officer grades. [17/2004; 28/2009] (6) Where the accused is of or above the rank of lieutenant‑colonel or ME6 — ( a ) the president of any judge court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; ( b ) subject to subsection (7), the president of any panel court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; and ( c ) if a panel court martial is constituted for the trial of the accused, at least 2 of the members under subsection (4)( b ) must be of or above the rank of lieutenant‑colonel or ME6. [17/2004; 28/2009] (7) Where the accused is charged with — ( a ) murder or culpable homicide not amounting to murder; ( b ) an offence under section 121 or 121A of the Penal Code 1871; or ( c ) any other offence for which the punishment of death is authorised under any written law, and the charge is to be tried by a general court martial, the accused must be tried before a panel court martial and the president of the panel court martial must be a Supreme Court Judge appointed by the Chief Justice. [17/2004; 40/2019] (8) Where none of the members of a panel court martial is a qualified person, a judge advocate designated by the convening authority must officiate in any trial before that court in accordance with regulations of procedure made under section 93. [17/2004] (9) Subject to subsection (7), every general court martial has jurisdiction to try any person subject to military law for any offence under this Act and to award for the offence any punishment authorised by this Act. [17/2004] (10) Unless the Director, Legal Services of the Singapore Armed Forces directs otherwise, where a charge is to be tried by a general court martial, the charge must be tried by a panel court martial. [17/2004] (11) Subject to subsection (7), where, before the start of any trial before a general court martial — ( a ) the president or any member of the court dies; or ( b ) the convening authority ascertains that the president or any member of the court — (i) is unable to attend; or (ii) is not eligible to serve in that court, the convening authority may designate another person from the general courts martial panel to fill the vacancy. [17/2004] (12) Subject to subsection (13), any question as to — ( a ) the guilt of the accused; or ( b ) the sentence to be imposed on the accused, must be decided by a panel court martial in accordance with the opinion of the majority of the members of that court. [17/2004] (13) Where the accused is charged with any offence for which the punishment of death is authorised under any written law — ( a ) the accused must not be convicted of that offence unless the members of the panel court martial reach a unanimous decision that the accused is guilty of that offence; and ( b ) if the members of that court fail to reach a unanimous decision, the accused may, if the members of that court by majority decision agree, be convicted of any lesser offence authorised by this Act. [17/2004] (14) Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (2), (8) or (11), the registrar or person is entitled to exercise those powers and perform those duties. [17/2004]


document_id: safa-1972
provision_ref: s82
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 82
title: Judge Advocate-General, judge advocates and legal personnel
content:
82. —(1) The Armed Forces Council may appoint a suitable person to perform in respect of the Singapore Armed Forces the functions of a Judge Advocate‑General and any reference under any written law to the Judge Advocate‑General is deemed to be a reference to the person appointed under this subsection. (2) The person appointed under subsection (1) must be — ( a ) a Judicial Service Officer or Legal Service Officer (or both) of at least 5 years’ service in total; or ( b ) an advocate and solicitor of the Supreme Court of at least 5 years’ standing. [Act 33 of 2021 wef 14/01/2022] (3) Regulations of procedure may make provision as to the functions to be exercised by the Judge Advocate‑General and, in particular, his or her functions include advising the Armed Forces Council on the validity of the findings and sentences of subordinate military courts and on any other matters which may from time to time be referred to him or her by the Armed Forces Council or the Director, Legal Services of the Singapore Armed Forces. (4) The Armed Forces Council may appoint advocates and solicitors of the Supreme Court to officiate as judge advocates in subordinate military courts and regulations of procedure made under this Act may provide for the exercise of their functions at a trial by such courts. (5) The Armed Forces Council may appoint — ( a ) a qualified person to be responsible for legal matters in the Singapore Armed Forces, and called the Director, Legal Services of the Singapore Armed Forces; ( b ) military prosecutors who must wherever practicable be qualified persons; and ( c ) a registrar for the Military Court of Appeal or for subordinate military courts. (6) The Director, Legal Services of the Singapore Armed Forces is by virtue of his or her appointment the chief military prosecutor.


document_id: safa-1972
provision_ref: s83
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 83
title: Field general courts martial
content:
83. —(1) Where an offence punishable under this Act has been committed by any person subject to military law who belongs to a unit or part of a unit of the Singapore Armed Forces which is, at the time of the commission of the offence, engaged on active service it shall be lawful for a commander (called in this Act the convening officer), if it is not practicable for a general court martial to try the accused, to convene a field general court martial. [17/2004] (2) Every field general court martial may try any person subject to military law for any offence under this Act and may award for the offence any punishment that a general court martial is competent to award for the offence. (3) Every field general court martial must consist of 3 or any greater uneven number of members (each of whom must be an officer or a senior military expert), and the member who is most senior in rank presides. [28/2009] (4) The convening officer may preside over a field general court martial, but must, whenever it is practicable, appoint as president of the field general court martial another person, who must be — ( a ) an officer of or above the rank of captain; or ( b ) a senior military expert. [28/2009] (5) Whenever it is practicable, the rank of each member of the field general court martial must be of a rank above that of the accused. (6) The convening officer has to appoint any serviceman to perform the functions of a registrar of the court. (7) The determination of any question before a field general court martial must be according to the majority of the members of the court hearing the case. (8) To find an accused guilty of a charge in respect of which punishment of death is authorised under this Act, the decision of the field general court martial must be unanimous. (9) If the field general court martial fails to reach a unanimous decision, an accused must not be convicted of an offence in respect of which punishment of death is authorised by this Act but may, if the members of the court by majority decision agree, be convicted of any lesser offence authorised by this Act.


document_id: safa-1972
provision_ref: s84
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 84
title: Ineligibility
content:
84. The following persons are not eligible to serve on a subordinate military court: ( a ) a relative of the accused; ( b ) any person who has had cognizance of the matter as a disciplinary officer; ( c ) any person who has taken part in the investigation of or inquiry into the alleged offence; ( d ) the complainant; ( e ) any person who is a witness to the alleged offence; and ( f ) a military prosecutor. [17/2004]


document_id: safa-1972
provision_ref: s85
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 85
title: Members of subordinate military courts may belong to same or different units
content:
85. —(1) The members of a panel court martial or field general court martial may belong to the same or different units, or may be unattached to any unit, and may try persons belonging to or attached to any unit. [17/2004] (2) The president of a judge court martial may be unattached to any unit, and may try persons belonging to or attached to any unit. [17/2004]


document_id: safa-1972
provision_ref: s86
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 86
title: Record of proceedings
content:
86. —(1) The president of a subordinate military court or, if a judge advocate is present, the judge advocate, must keep a record of the proceedings of the trial. (2) The president of a subordinate military court may, if a judge advocate is not present, despite subsection (1) during any proceedings of the court, appoint a person to keep on his or her behalf the record of the proceedings or may direct that the record must be taken by a recording device or by some other mechanical device. (3) The charge-sheet and the documents admitted by the court, and any other documents which the president of the subordinate military court may direct, must be attached to the record of the proceedings and form part of that record. (4) The president of a subordinate military court and, in the case of a panel court martial or a field general court martial, every member of the court who is so required by the president must record the grounds for his or her decision in writing and the written judgment or grounds of decision forms part of the record of the proceedings. [17/2004] (5) The president of a subordinate military court or, in the case of a panel court martial or a field general court martial, any member of the court when he or she has recorded his or her judgment must not alter or revise the judgment. [17/2004] (6) A clerical error may be rectified at any time and any other mistake may be rectified before the court rises for the day. (7) The record of the proceedings must be authenticated by the president of a subordinate military court. (8) The record of the proceedings of a subordinate military court authenticated by the president of the court is conclusive evidence of anything contained therein unless it is proved that it has been falsified. (9) A record of the proceedings of a subordinate military court purporting to be signed by the president of the court is presumed to be so signed.


document_id: safa-1972
provision_ref: s87
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 87
title: Oath and affirmation
content:
87. —(1) Subject to subsection (2), an oath or affirmation in the prescribed form must be administered by the convening authority, or by any person appointed by the convening authority for this purpose, to each member of the general courts martial panel before the member assumes his or her office in a general court martial. [17/2004] (2) A Supreme Court Judge acting as president of a panel court martial is to take, in the presence of the Chief Justice, the oath or affirmation of allegiance in the prescribed form before he or she assumes his or her office in the panel court martial. [17/2004; 40/2019] (3) In the case of a field general court martial, an oath or affirmation must be administered — ( a ) by the president to every other member; and ( b ) to the president by any member already sworn, in the presence of the accused, after the court has assembled but before the accused is arraigned. [17/2004] (4) An oath or affirmation in the prescribed form must be administered by the president of a subordinate military court to any judge advocate officiating in a trial before the court in the presence of the accused, after the court has assembled but before the accused is arraigned. [17/2004] (5) An oath or an affirmation in the prescribed form must be administered by the president of a subordinate military court to every shorthand writer or interpreter (if any) in attendance at the trial. (6) Every witness before a subordinate military court must be examined on oath or affirmation, which the president of the court must administer in the prescribed form. (7) To avoid doubt, where an oath or affirmation is required to be taken or administered under subsection (1) or (2), a person may take the oath or make the affirmation by appearing before the person administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the person administering the oath or affirmation to — ( a ) maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and ( b ) confirm the identity of the person taking the oath or making the affirmation, and any interpreter present. [Act 25 of 2023 wef 01/12/2023] (8) Where an oath or affirmation is required to be administered under subsection (3), (4) or (5), any requirement in any of those subsections for the person taking the oath or making the affirmation to appear before the person administering the oath or affirmation is deemed satisfied if — ( a ) the person taking the oath or making the affirmation, and the person administering the oath or affirmation, do so in accordance with any requirements that may be prescribed through any electronic means of communication created by remote communication technology as set out in the Second Schedule; and ( b ) the electronic means of communication allows the person administering the oath or affirmation to — (i) communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and (ii) confirm the identity of the person taking the oath or making the affirmation, and any interpreter present. [Act 25 of 2023 wef 01/12/2023]


document_id: safa-1972
provision_ref: s88
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 88
title: Challenges by accused
content:
88. —(1) The accused or, where there is more than one accused, each of the accused about to be tried by a subordinate military court may object, for any reasonable cause, to — ( a ) the president of the court, except a president who is a Supreme Court Judge; and ( b ) in the case of a panel court martial or a field general court martial, any other member of the court, whether appointed to serve on the court originally or to fill a vacancy, so that the court may consist of a president or of members to whom the accused makes no reasonable objection. [17/2004; 40/2019] (2) In the case of a panel court martial or a field general court martial, every objection made by an accused to any member, including the president, must be submitted to the other members appointed to form the court and — ( a ) if the majority of the members entitled to vote decide that there is reasonable cause for the objection, the court must allow the objection and the member objected to must retire; or ( b ) if the majority of the members entitled to vote decide that there is no reasonable cause for the objection, the court must dismiss the objection and record the reasons for its decision in the record of proceedings, and must also give those reasons to the convening authority if required to do so. [17/2004] (3) Any vacancy resulting from the retirement of a member under subsection (2)( a ) may be filled by another member who must be — ( a ) in the case of a panel court martial — a member of the general courts martial panel who is eligible for the appointment, and who is designated by the convening authority to fill the vacancy; or ( b ) in the case of a field general court martial — an officer or a senior military expert who is eligible for the appointment, and who is appointed by the convening officer to fill the vacancy, subject to the same right of the accused to object. [17/2004; 28/2009] (4) In the case of a judge court martial, if an accused objects to the president, the president must determine whether there is any reasonable cause for the objection, and — ( a ) if the president decides that there is reasonable cause for the objection — (i) the president must allow the objection and the court must be dissolved; and (ii) the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused, subject to the same right of the accused to object; or ( b ) if the president decides that there is no reasonable cause for the objection, the president must — (i) dismiss the objection and record the reasons for his or her decision in the record of proceedings; and (ii) give those reasons to the convening authority if required to do so. [17/2004] (5) In order to enable an accused to avail himself or herself of the privilege of objecting to the president of a judge court martial or the members of a panel court martial or field general court martial — ( a ) the name of each person the court consists of must be read over in the hearing of the accused when the court first assembles and, in the case of a field general court martial, before the members of the court take their oaths or affirmations; ( b ) the accused must be asked whether he or she objects to that person; and ( c ) a like question must be repeated in respect of any person who — (i) is designated or appointed to fill a vacancy under subsection (3) or section 89(1)( b ) or ( c ), (2) or (3); or (ii) is designated to be the president of a judge court martial under subsection (4)( a )(ii) or section 89(1)( a ). [17/2004] (6) Where a judge court martial is dissolved under subsection (4)( a )(i), the accused may be tried again by another judge court martial. [17/2004] (7) Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (3)( a ) or (4)( a )(ii), the registrar or person is entitled to exercise those powers and perform those duties. [17/2004]


document_id: safa-1972
provision_ref: s89
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 89
title: Effect of death or sickness on and adjournment of subordinate military court
content:
89. —(1) If, after the start of the trial, the president of a subordinate military court dies or is otherwise unable to attend, then — ( a ) in the case of a judge court martial — the court must be dissolved, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused; ( b ) in the case of a panel court martial — the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy; or ( c ) in the case of a field general court martial — the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy. [17/2004; 28/2009] (2) If, after the start of a trial, any member of a panel court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy. [17/2004] (3) If, after the start of a trial, any member of a field general court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy. [17/2004; 28/2009] (4) If, on account of the illness of the accused before the finding, it is impossible to continue the trial, a subordinate military court must be dissolved. [17/2004] (5) Where a subordinate military court is dissolved under subsection (l)( a ) or (4), the accused may be tried again by another subordinate military court. [17/2004] (6) A subordinate military court may adjourn from time to time. [17/2004] (7) A subordinate military court may, where necessary, view any place. [17/2004] (8) Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (1)( a ) or ( b ) or (2), the registrar or person is entitled to exercise those powers and perform those duties. [17/2004]


document_id: safa-1972
provision_ref: s90
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 90
title: Power to convict for offence other than that charged
content:
90. —(1) An accused charged before a subordinate military court with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a lower degree of punishment. (2) An accused charged before a subordinate military court with any offence may be found guilty of attempting to commit that offence. (3) An accused charged before a subordinate military court with attempting to commit a military offence may be convicted on that charge even though it is proved that he or she actually committed the military offence. (4) An accused charged before a subordinate military court with attempting to commit a civil offence may be convicted on that charge even though it is proved that he or she actually committed the civil offence. (5) An accused charged before a subordinate military court with theft may be found guilty of dishonestly misappropriating property. (6) An accused charged before a subordinate military court with desertion may be found guilty of being absent without leave. (7) An accused charged before a subordinate military court with striking a person superior in rank or appointment may be found guilty of using or offering violence to a person superior in rank or appointment. [28/2009] (8) An accused charged before a subordinate military court with using violence may be found guilty of offering violence. (9) An accused charged before a subordinate military court with using threatening language may be found guilty of using insubordinate language. (10) When an accused is charged before a subordinate military court with a civil offence and the charge is one upon which, if he or she had been tried by a civil court in Singapore for such an offence committed in Singapore, he or she might have been found guilty of any other offence, the subordinate military court has the power to find him or her guilty of that offence.


document_id: safa-1972
provision_ref: s91
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 91
title: Power to order restitution of stolen property
content:
91. —(1) Where a person has been convicted by a subordinate military court of having stolen, dishonestly misappropriated or converted, received, knowing it to be stolen, or otherwise unlawfully obtained, any property, and the property or any part thereof is found in the possession of the offender, the president of the court may order the property so found to be restored to the person appearing to be the lawful owner thereof. (2) A like order may be made with respect to any property found in the possession of such offender, which appears to the president of the subordinate military court to have been obtained by the conversion or exchange of any of the property stolen, dishonestly misappropriated or converted, received or unlawfully obtained. (3) An order under this section does not bar the right of any person, other than the offender, or anyone claiming through him or her, to recover any property or money delivered or paid pursuant to an order made under this section from the person to whom the same is so delivered or paid.


document_id: safa-1972
provision_ref: s92
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 92
title: Decision
content:
92. Once the hearing ends, a subordinate military court must, either at once or on some future date which must either then be appointed for the purpose or of which notice must subsequently be given to the parties, announce its finding or sentence or both.


document_id: safa-1972
provision_ref: s93
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 93
title: Regulations of procedure
content:
93. —(1) The Armed Forces Council may make regulations of procedure with regard to any matter or thing that is expedient or necessary for the purpose of carrying out this Act so far as relates to the investigation, trial and punishment of offences triable or punishable by subordinate military courts under this Act. (2) Without limiting subsection (1), the regulations of procedure may make provision with respect to all or any of the following matters: ( a ) the convening of subordinate military courts; ( b ) the adjournment, dissolution and sittings of subordinate military courts; ( c ) the procedure to be observed in trials by subordinate military courts; ( d ) the preparation of charge-sheets and the framing of charges; ( e ) procuring the attendance of witnesses before a subordinate military court; ( f ) empowering a subordinate military court in such cases and to such extent as may be prescribed to amend the charge which is being tried by a subordinate military court; ( g ) empowering a subordinate military court, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilt of the like offences as that charged, to make a finding of guilt, subject to exceptions or variations specified in the finding, if it appears to the court that the difference is not so material as to prejudice the accused’s defence; ( h ) determining cases in which and the extent to which subordinate military courts may in sentencing the accused for any offence of which he or she is convicted at the request of the accused, take into consideration other offences under this Act committed by him or her; ( i ) the procedure to be observed when an accused is suspected to be mentally disordered and the procedure to be followed when an accused is sentenced to death; ( j ) the forms of orders to be made under the provisions of this Act relating to investigation of, the trial of, or award of punishments for offences under this Act; ( k ) any matter in this Part which is required or authorised to be prescribed. [21/2008] (3) Regulations made under this section may further provide for the making of such warrants and orders as may be necessary to enable a subordinate military court to enforce its orders or sentences. (4) Regulations made under this section must not contain anything which is contrary to, or which is inconsistent with, the provisions of this Act.


document_id: safa-1972
provision_ref: s94
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 94
title: Application of Criminal Procedure Code 2010
content:
94. —(1) Without affecting section 93 of this Act, sections 123 to 148, 244 to 256, 262 to 268, 282, 283, 284, 290, 293, 294, 296, 297, 319 (other than subsection (1)( e ) thereof), 320, 326 to 332, 359, 360, 364, 365, 366, 368 to 372, 391, 423 and 426 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018), insofar as they are not inconsistent with the provisions of this Act or any regulations made under this Act, apply, with the necessary modification, to proceedings before and punishments awarded by subordinate military courts. [15/2010; 4/2012; 19/2018] (2) A subordinate military court when invoking section 319 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018) (other than subsection (1)( e ) thereof) may award detention or special detention in a disciplinary barrack instead of imprisonment. [15/2010; 19/2018] (3) Section 328 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018) applies to any sentence of caning awarded or imposed under this Act despite any other provisions of this Act or any regulations made under this Act. [15/2010; 19/2018] (4) In exercising the powers under section 332 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018), a subordinate military court may award any less punishment authorised by this Act instead of imprisonment. [15/2010; 19/2018] (5) The Minister may, by order in the Gazette , provide for the application of such other provisions of the Criminal Procedure Code 2010 as the Minister 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.


document_id: safa-1972
provision_ref: s95
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 95
title: Procedure in absence of provisions
content:
95. Where no provision is made in this Act, or in any regulations made under this Act, in respect of any procedural matter, a subordinate military court must decide on the most expedient procedure to be followed in the particular case that will best serve the interests of justice.


document_id: safa-1972
provision_ref: s96
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 96
title: Proceedings not to be set aside
content:
96. Subject to section 112(3), no proceedings of a subordinate military court may be set aside or deemed to be void for want of form or be removed by a Quashing Order or otherwise into any civil court. [42/2005]


document_id: safa-1972
provision_ref: s97
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 97
title: Application of general rules of evidence
content:
97. Subject to this Act or any regulations made under this Act, the rules of evidence, including the Evidence Act 1893, observed in the trial of criminal cases before civil courts in Singapore apply, insofar as they are not inconsistent with the provisions of this Act or any regulations made under this Act, to subordinate military courts.


document_id: safa-1972
provision_ref: s98
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 98
title: Military documents as evidence
content:
98. —(1) Any document, purporting to be signed by an officer, a warrant officer or a military expert of or above the rank of ME3 in the course of duty and containing particulars regarding the following matters is prima facie evidence of those particulars: ( a ) service in the Singapore Armed Forces, including dates of enlistment and discharge; ( b ) absence from service in the Singapore Armed Forces, with or without leave; ( c ) offences of which a person has been convicted by a subordinate military court or where there is an appeal, by the Military Court of Appeal, or by a disciplinary officer or the Armed Forces Council; ( d ) units to which a person was posted or attached; ( e ) personal particulars relating to service or employment in the Singapore Armed Forces including rank, assignment, training and vocation; ( f ) the monetary value of any Singapore Armed Forces property; ( g ) the usage or wearing of military decorations, medals, ribbons or badges; ( h ) matters relating to custody, including time, date and place; ( i ) the service of a summons or convening order. [28/2009] (2) A copy of general orders or of any official publication, document, certificate or form certified by the Armed Forces Council as general orders, official publication, document, certificate or form for the purpose of this section, is conclusive evidence of its contents. (3) Any document purporting to be a document under subsection (1) or (2) is presumed to be such a document.


document_id: safa-1972
provision_ref: s99
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 99
title: Certificate relating to controlled drug, etc.
content:
99. —(1) A certificate purporting — ( a ) to be signed by — (i) an analyst employed by the Health Sciences Authority or the Home Team Science and Technology Agency; [Act 12 of 2023 wef 01/06/2024] (ii) a person appointed under section 16(1)( a )(ii) of the Misuse of Drugs Act 1973; [Act 5 of 2025 wef 09/03/2025] (iii) a Singapore Armed Forces pharmacist or chemist; or (iv) such other person as the Minister may appoint; and [Act 5 of 2025 wef 09/03/2025] ( b ) to relate to a controlled drug, controlled substance or psychoactive substance, is to be admitted in evidence in any proceedings under this Act for an offence under section 34, or under the Misuse of Drugs Act 1973, on the production of the certificate by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained in the certificate. [16/2016] [Act 12 of 2023 wef 01/06/2024] (1A) An appointment under subsection (1)( a )(iv) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) In this section — [ Deleted by Act 12 of 2023 wef 01/06/2024 ] “controlled drug”, “controlled substance” and “psychoactive substance” have the meanings given by section 2 of the Misuse of Drugs Act 1973; [Act 12 of 2023 wef 01/06/2024] “Health Sciences Authority” means the Health Sciences Authority established under section 3 of the Health Sciences Authority Act 2001; [Act 12 of 2023 wef 01/06/2024] “Home Team Science and Technology Agency” means the Home Team Science and Technology Agency established by section 3 of the Home Team Science and Technology Agency Act 2019. [16/2016] [Act 12 of 2023 wef 01/06/2024] 100. [ Repealed by Act 16 of 2016 ]


document_id: safa-1972
provision_ref: s101
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 101
title: Transcript
content:
101. Where a document has been prepared or certified by a person subject to military law in the course of his or her duty, a transcript of that document authenticated by the person or by an officer or a senior military expert has the effect of the original and is presumed correct. [28/2009]


document_id: safa-1972
provision_ref: s102
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 102
title: Representation
content:
102. —(1) Subject to any other provisions of this Act, an accused has the right to be represented in his or her defence before a subordinate military court by an advocate and solicitor, if provided by the accused, or by any officer or senior military expert in the Singapore Armed Forces. [28/2009] (2) Where an accused is not represented by a person in accordance with subsection (1) and — ( a ) is charged with an offence punishable by death; ( b ) is dumb, blind or deaf; or ( c ) is suspected of being mentally disordered, the president of the subordinate military court must appoint a defence counsel to assist the accused in his or her defence. [21/2008] (3) Where the accused selects a person to represent him or her in a subordinate military court, that person is authorised to do so after submitting to the court a warrant to act signed by the accused.


document_id: safa-1972
provision_ref: s103
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 103
title: Publicity
content:
103. —(1) Subject to any other provisions of this Act, a subordinate military court must sit in open court in the presence of the parties and, to the extent that accommodation permits, the public must be admitted to the trial. (2) Every judgment or finding of a subordinate military court must be pronounced in open court.


document_id: safa-1972
provision_ref: s104
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 104
title: Proceedings in private
content:
104. —(1) The president of a subordinate military court may where it is expedient in the interests of — ( a ) the administration of justice; ( b ) the security of Singapore; ( c ) public defence or safety; or ( d ) public morals, order that all or any part of the proceedings before the court must be dealt with in private. [Act 25 of 2021 wef 01/04/2022] (2) Upon the making of such order the subordinate military court ceases to be an open court and, with the exception of the accused’s counsel and such other persons as the court may consider to be necessary for the purposes of the proceedings, the public must be excluded therefrom for so long as the court thinks fit. (3) A subordinate military court may exclude a person from any part of the proceedings where the person is obstructing the proceedings of the court. (4) A person must not be present during any deliberation by a panel court martial or a field general court martial without permission from the president of the court. [17/2004] (5) The president of any panel court martial or field general court martial may, on any deliberation amongst the members of the court, cause the courtroom to be cleared of all other persons. [17/2004] [Act 25 of 2021 wef 01/04/2022]


document_id: safa-1972
provision_ref: s105
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 105
title: Publications and photographs
content:
105. —(1) Where any proceedings in a subordinate military court have been held in private, a person must not publish any information concerning the proceedings and the judgment, except with the permission of the Armed Forces Council. [Act 25 of 2021 wef 01/04/2022] (2) A person must not take photographs in the court room or in the presence of the court or publish photographs so taken, except with the permission of the president of the subordinate military court. (3) A person who contravenes this section shall be guilty of an offence and shall be liable on conviction by a subordinate military court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: safa-1972
provision_ref: s106
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 106
title: Investigation materials before a field general court martial
content:
106. The accused, his or her defence counsel or, with the consent of a military prosecutor, a person authorised by the accused or the accused’s defence counsel may, where a charge‑sheet is submitted to a field general court martial, at any reasonable time inspect and take copies of the investigation materials excluding the investigation diary. [28/2009]


document_id: safa-1972
provision_ref: s107
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 107
title: Independence of subordinate military courts
content:
107. —(1) In matters of adjudication, presidents and other members of subordinate military courts are not subject to the authority of their commanders, or to any other authority, except the law. [17/2004] (2) A person must not attempt to coerce or by any unauthorised means influence the action or proceedings of a subordinate military court or any president or, where applicable, other member thereof. [17/2004] (3) A person who contravenes subsection (2) 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. Supplementary provisions as to trial


document_id: safa-1972
provision_ref: s108
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 108
title: Person not to be tried twice
content:
108. —(1) Subject to the provisions of this Act, where a person subject to military law has been acquitted or convicted of an offence by a subordinate military court or has had his or her conviction quashed by the Military Court of Appeal or the Armed Forces Council, the person shall not be liable to be tried again by a subordinate military court or any civil court or a disciplinary officer in respect of that offence or for any offence based on the same facts. (2) Where a person subject to military law has been acquitted or convicted of an offence by a disciplinary officer, he or she shall not be liable to be tried again by a subordinate military court or a disciplinary officer in respect of that offence or for any offence based on the same facts but the person may be tried for the same offence or for an offence based on the same facts by a civil court which must in awarding punishment have regard to any military punishment the person may already have undergone as a result of his or her conviction by a disciplinary officer. (3) Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he or she shall not be liable to be tried in respect of that offence by a subordinate military court or a disciplinary officer.


document_id: safa-1972
provision_ref: s109
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 109
title: Trial and punishment of offences where offender ceases to be subject to military law
content:
109. —(1) Subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law then in relation to that offence the person is to be treated for the provisions of this Act relating to arrest, keeping in custody, investigation of offences, trial and punishment by a subordinate military court or by a disciplinary officer (including review) and execution of sentences as continuing to be subject to military law despite ceasing at any time to be subject thereto. (2) Without limiting subsection (1) but subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law, the subordinate military court or disciplinary officer before which the offence is triable may order that person to report for trial for the offence as if that person continued to be subject to military law despite ceasing at any time to be subject to military law. [16/2001] (3) Any person who fails to comply with any order under subsection (2) — ( a ) is deemed to have failed to comply with a lawful order within the meaning of section 17(2); and ( b ) shall be liable to be arrested, proceeded against and punished for an offence under section 17(2) as if the person continued to be subject to military law. [16/2001] (4) Where a person subject to military law is sentenced by a subordinate military court to imprisonment, special detention or detention or by a disciplinary officer to detention, this Act applies to the person during the term of his or her sentence, even though the person is discharged or dismissed from the Singapore Armed Forces, or has otherwise ceased to be subject to military law, and the person may be kept, removed, imprisoned, made to undergo special detention or detention, and punished accordingly as if the person continued to be subject to military law.


document_id: safa-1972
provision_ref: s110
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 110
title: Liability to military law in respect of place of commission of offence
content:
110. Every person subject to military law who whether in Singapore or elsewhere commits any offence for which he or she is liable to be tried by a subordinate military court or a disciplinary officer may be tried and punished for such offence at any place (in Singapore or elsewhere) which is within the jurisdiction of a subordinate military court or disciplinary officer and in which the offender may for the time being be, in the same manner as if the offence had been committed where the trial by the subordinate military court or disciplinary officer takes place.


document_id: safa-1972
provision_ref: s111
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 111
title: Limitation of time for trial of offences
content:
111. —(1) Subject to subsection (2), a person must not pursuant to this Act be tried for any offence triable under this Act unless the trial is started within 3 years after the latest of the following dates: ( a ) the date on which the offence was committed; ( b ) the date on which information relating to the commission of that offence was reported to a disciplinary officer having jurisdiction over the accused or to a military policeman; [Act 24 of 2022 wef 28/10/2022] ( c ) where any police investigation relating to a related civil offence has commenced before the expiry of the default limitation period — (i) the date on which the investigation ends; or (ii) if proceedings are instituted in a civil court as a result of that investigation — the applicable date under paragraph ( d ); [Act 24 of 2022 wef 28/10/2022] ( d ) where proceedings are instituted in a civil court in respect of a related civil offence before the expiry of the default limitation period — (i) if the related civil offence was not alleged to have been committed by the person or the person is not sentenced to imprisonment, detention or reformative training — the date on which those proceedings end; or (ii) if the person is sentenced to imprisonment, detention or reformative training — the date on which the person completes the sentence of imprisonment, detention or reformative training; [Act 24 of 2022 wef 28/10/2022] ( e ) where the person is sentenced to imprisonment, detention or reformative training for any civil offence before the expiry of the default limitation period — the date on which the person completes the sentence of imprisonment, detention or reformative training; [Act 24 of 2022 wef 28/10/2022] ( f ) where a warrant for the arrest of the person is issued under section 169 before the expiry of the default limitation period but could not be executed within the default limitation period despite all reasonable efforts to do so due to the whereabouts of the accused being unknown — the date the person is arrested. [Act 24 of 2022 wef 28/10/2022] [Act 24 of 2022 wef 28/10/2022] (2) This section does not apply to a trial for the offence of misconduct in action, assisting the enemy, mutiny, absence without leave or desertion. (3) For the purpose of this section, the trial of any person by a subordinate military court for any offence starts when the person appears or is brought before a subordinate military court for the first time in connection with the offence, despite the fact that the subordinate military court before which the person appears or is brought for the first time may for any reason, adjourn or postpone the trial, and another subordinate military court is convened to try the person for the offence. (4) Where a serviceman has served continuously in an exemplary manner for not less than 3 years in the Singapore Armed Forces, the serviceman must not be tried for the offence of desertion (other than desertion on active service) if that offence was committed more than 3 years before the trial starts. (5) This section does not affect the jurisdiction of a civil court in the case of any offence triable by such court. (6) In this section — “default limitation period” means the period of 3 years after the later of the dates mentioned in subsection (1)( a ) and ( b ); “related civil offence”, in relation to a person alleged to have committed an offence triable under this Act, means an alleged civil offence, whether alleged to have been committed by that person or another person, arising from the same factual matrix as the alleged offence triable under this Act, which, if tried in a civil court, may result in a finding by the civil court that has a material relevance to a finding at a trial by a subordinate military court of that person for the alleged offence triable under this Act. [Act 24 of 2022 wef 28/10/2022]


document_id: safa-1972
provision_ref: s112
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 112
title: Trial of civil offences
content:
112. —(1) Subject to subsection (2), every person subject to military law who commits any offence which when committed in Singapore or elsewhere is punishable by any written law of Singapore shall, if charged under this section with any such offence, be liable to be tried by a subordinate military court and on conviction to be punished with either — ( a ) any punishment that may be awarded to the person under this Act in respect of an act, conduct or neglect to the prejudice of good order or discipline; or ( b ) any punishment that may be awarded for the offence under that written law, had the person 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 section 118(1)( c ), ( d ), ( e ), ( f ), ( g ), ( h ), ( j ), ( k ) and ( l ), and any punishment which may be imposed under section 118(10), (11), (13) and (14), which is or are not prescribed by the written law for the offence. [Act 24 of 2022 wef 28/10/2022] (2) A person subject to military law must 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. (3) Despite anything in this section, the Attorney‑General may, on his or her own motion, if he or she thinks it expedient for the ends of justice or on the application of the Director, Legal Services of the Singapore Armed Forces, at any time before the finding is pronounced order that a person subject to military law who is charged with a civil offence under this section is not to be tried by a subordinate military court. (4) Upon an order being made under subsection (3), the case must be transferred to and be tried by a civil court.


document_id: safa-1972
provision_ref: s113
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 113
title:
Summoning and privilege of witnesses at subordinate military courts and misconduct of civilians thereat

content:
113. —(1) Every person required to give evidence before a subordinate military court may be summoned or ordered to attend in the prescribed manner. (2) Every person attending pursuant to such summons or order as a witness before any subordinate military court has, during his or her necessary attendance at such court, and in going to and returning from the court, the same privilege from arrest as he or she would have if he or she were a witness before a civil court. (3) Where any person who is not subject to military law — ( a ) on being duly summoned as a witness before a subordinate military court and after payment or tender of the reasonable expenses of his or her attendance, does not attend; or ( b ) being in attendance as a witness — (i) refuses to take an oath legally required by a subordinate military court to be taken; (ii) refuses to produce any document in his or her power or control legally required by a subordinate military court to be produced by the person; or (iii) refuses to answer any question to which a subordinate military court may legally require an answer, the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court. (4) The Magistrate’s Court may thereupon inquire into such alleged offence, and after examining any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish that person in the like manner as if he or she had committed the offence in a proceeding in that Court. (5) Where a person not subject to military law when examined on oath or on affirmation before a subordinate military court wilfully gives false evidence, the person shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding. (6) Where a person not subject to military law is guilty of any contempt towards a subordinate military court, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members of or witnesses before the court, or to bring the court into disrepute, the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court. (7) The Magistrate’s Court may thereupon inquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish or take steps for the punishment of that person in the like manner as if he or she had been guilty of contempt of that Court.


document_id: safa-1972
provision_ref: s114
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 114
title: Evidence of civil conviction or acquittal
content:
114. —(1) Whenever any person subject to military law has been tried by any civil court, the registrar or clerk of the court or his or her deputy, or other officer having the custody of the records of that court, must, if required by the commanding officer of the person, or by any other serviceman (being an officer, a warrant officer or a military expert of or above the rank of ME3), transmit to him or her a certificate setting forth the offence for which the person was tried, together with the judgment or order of the court thereon, or if he or she was acquitted, the acquittal. [28/2009] (2) Any such certificate is sufficient evidence of the conviction and sentence or of the order of the court or of the acquittal of the prisoner, as the case may be.


document_id: safa-1972
provision_ref: s115
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 115
title: Evidence of conviction of subordinate military court
content:
115. —(1) The original proceedings of a subordinate military court purporting to be signed by the president of the court and being in the custody of an officer of the court or the registrar are deemed to be of such a public nature as to be admissible in evidence on their mere production from such custody. (2) Any copy of the original proceedings of a subordinate military court purporting to be certified by an officer, a warrant officer, a military expert of or above the rank of ME3 or the registrar to be a true copy of such proceedings or of any part thereof, is admissible in evidence without proof of the signature of the president of the court. [28/2009] Review of findings and sentences of subordinate military courts


document_id: safa-1972
provision_ref: s116
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 116
title: Review of findings and sentences of subordinate military courts by reviewing authority
content:
116. —(1) For the purposes of this Act, the Armed Forces Council is a reviewing authority. (2) The Armed Forces Council may delegate its powers as a reviewing authority under this section to a committee consisting of at least 3 of its members. (3) An accused who has been sentenced by a subordinate military court or who has been found to be unfit to stand his or her trial or to be not guilty by reason of insanity may, within such time and in such manner as may be prescribed, present a petition to the reviewing authority against the finding or sentence or both. (4) The reviewing authority may — ( a ) at any time on its own motion; and ( b ) upon receipt of a petition under subsection (3) must, as soon as practicable after considering the matters alleged in the petition, review the finding or sentence. (5) Despite subsection (4), if notice of appeal has been lodged with the registrar of the Military Court of Appeal under section 129, any powers of review exercised by the reviewing authority in reviewing a finding or sentence under this section cease to have effect; and the appeal must be proceeded with as if no petition to review the finding or sentence had been made. (6) On a review, the reviewing authority may — ( a ) insofar as the review is of a finding, quash the finding and if the sentence relates only to the finding quashed, the sentence; ( b ) insofar as the review is of a sentence, quash the sentence; ( c ) in any case substitute a new finding for any finding of guilt made by a subordinate military court that is illegal or cannot be supported by the evidence, if the new finding could validly have been made by the subordinate military court on the charge and if it appears that the court was satisfied of the facts establishing the offence specified or involved in the new finding; ( d ) in any case substitute for the finding of guilt made by a subordinate military court a new finding of some other offence if — (i) the subordinate military court could on the charge have found the accused guilty under section 90 of that other offence; (ii) the subordinate military court could have found the accused guilty of that other offence on any alternative charge that was laid, and it appears that the facts proved the accused guilty of that other offence; ( e ) in any case where a sentence is invalid or unduly severe substitute therefor any other punishment or any lesser punishment which the subordinate military court could have awarded but so that in any event the punishment so substituted is not greater or more severe than that awarded by the subordinate military court. (7) Any substituted finding or sentence imposed under this section is to be treated for all purposes as a finding or sentence of the subordinate military court. (8) Despite anything in this section but subject to section 156(4), a sentence of death must not be carried into effect until reviewed by the reviewing authority unless the sentence of death is passed on a person on active service. (9) In such an event a sentence of death may, subject to subsection (3) and to the accused’s right of appeal, be carried out if an officer of or above the rank of lieutenant‑colonel, who is specifically designated by the Armed Forces Council for the purpose, certifies to the Armed Forces Council that it is essential in the interests of discipline and for the purpose of securing the safety of the force with which the accused is serving that the sentence should be carried out forthwith.


document_id: safa-1972
provision_ref: s117
chapter: PART 5 - TRIAL BY SUBORDINATE MILITARY COURTS
section: 117
title: Power to order a re‑trial
content:
117. —(1) The reviewing authority has and may exercise all the powers of the Military Court of Appeal to order a re‑trial conferred upon that Court by sections 149 and 150 and those sections apply with any necessary modification to a review by the reviewing authority under this section. (2) Regulations made under this Act may provide for the procedure to be followed on a review of a finding or sentence by the reviewing authority. (3) Any order for a re‑trial under this section operates to extinguish any appeal by the accused to the Military Court of Appeal.


document_id: safa-1972
provision_ref: s118
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 118
title: Scale of punishments, etc.
content:
118. —(1) The punishments which may be awarded by sentence of a subordinate military court under this Act are, subject to section 112(1) and to this section — ( a ) death; ( b ) imprisonment; ( c ) discharge with ignominy; ( d ) dismissal; ( e ) special detention for a term not exceeding 3 months in a disciplinary barrack; ( f ) detention for a term not exceeding 2 years; ( g ) reduction in rank, except that — (i) an officer must not be reduced below the rank of second lieutenant; (ii) a warrant officer must not be reduced below — (A) the rank of third warrant officer, if he or she was appointed as a warrant officer on or after 1 April 2010; or (B) the rank of second warrant officer, if he or she was appointed as a warrant officer before that date; and (iii) a senior military expert must not be reduced below the rank of ME4; ( h ) forfeiture of seniority of rank and forfeiture of all or any part of his or her service for purposes of promotion; ( i ) a fine; ( j ) deduction of pay in the case of an offence which has occasioned any expense, loss or damage; ( k ) reprimand; ( l ) such minor punishments as may be authorised by the Armed Forces Council in regulations made under this Act, and references in this Act to any punishment authorised by this Act are, subject to the limitation imposed in any particular case by the addition of the word “less” are references to any one or more of the punishments. [28/2009] (2) For the purposes of this Part, a punishment specified in a paragraph in subsection (1) is to be treated as less than the punishments specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following that paragraph. (3) A person sentenced to death by a subordinate military court shall also be sentenced to discharge with ignominy. (4) An officer, a warrant officer or a military expert of or above the rank of ME3 who is sentenced by a subordinate military court to imprisonment or special detention in a disciplinary barrack or detention shall also be sentenced to discharge with ignominy but, if the subordinate military court fails to give effect to this subsection, the sentence is not invalid but is deemed to include a sentence of discharge with ignominy from the Singapore Armed Forces. [28/2009] (5) A soldier (other than a warrant officer or a military expert of the rank of ME3) or a non‑uniformed serviceman who is sentenced by a subordinate military court to imprisonment or special detention in a disciplinary barrack or detention may also be sentenced to discharge with ignominy. [28/2009] (6) A discharge with ignominy under this section does not affect the liability of any person to perform national service under the Enlistment Act 1970. (7) Subject to section 112(1), the amount of a fine that may be awarded must not exceed — ( a ) in the case of officers and senior military experts — a sum of $30,000; and [Act 24 of 2022 wef 28/10/2022] ( b ) in the case of soldiers and non-uniformed servicemen — a sum of $15,000, [Act 24 of 2022 wef 28/10/2022] and any such fine may, if the court orders, be paid by instalment to be deducted from the offender’s pay. [6/2006; 28/2009] (8) The Armed Forces Council may restore the whole or any part of any lost seniority or forfeited service in the case of a person subject to military law who has performed good and faithful service, or who may otherwise be deemed by the Armed Forces Council to merit such restoration. (9) A person subject to military law when sentenced to forfeiture of seniority of rank, and a person subject to military law when sentenced to forfeiture of all or any part of his or her service for the purposes of promotion, may also be sentenced to a reprimand. (10) Where a person subject to military law on active service is guilty of any offence, it is lawful for a subordinate military court to award for that offence such field punishment as may be prescribed in regulations made under this Act, and such field punishment may include confinement in such manner or place as may be so provided or such labour or employment as a person subject to military law could be subjected if the person were serving a sentence of imprisonment. (11) In addition to or in lieu of any other punishment in respect of an offence committed by a person subject to military law on active service, it is lawful for a subordinate military court to order that the offender forfeits all ordinary pay for a period not exceeding 3 months commencing from the date on which the sentence is awarded. (12) For the purpose of commutation of punishment, the field punishment mentioned in subsection (10) is deemed to be a less punishment than detention. (13) In addition to or in lieu of any other punishment in respect of any offence, an offender convicted by a subordinate military court may be subject to forfeiture of any military decoration or military award. (14) In addition to any of the punishments under subsection (1), a subordinate military court may order an accused person to pay to the party who sustained damage or loss through the offence compensation not exceeding $1,000. (15) Nothing in subsection (14) prejudices the right of any person to a civil remedy for the recovery of damages beyond the amount of compensation ordered. (16) In addition to or in lieu of any other punishment, where a person has been convicted of an offence under sections 17, 19, 21, 22, 23 and 47, a subordinate military court may sentence the person to caning not exceeding 12 strokes but such sentence must not be carried into effect unless confirmed by the Armed Forces Council. (16A) Where a subordinate military court sentences a person to caning under section 112(1), that sentence must not be carried into effect unless confirmed by the Armed Forces Council. [Act 24 of 2022 wef 28/10/2022] (17) Despite anything in this Act, where an operationally ready national serviceman has been convicted of an offence under section 17, 19, 25 or 26, the subordinate military court, if it is satisfied on the facts of the particular offence that the operationally ready national serviceman, by the serviceman’s behaviour, conduct or deportment, has shown during the period of operationally ready national service referred to in section 14(1)( b ) of the Enlistment Act 1970 that the serviceman is not responsive or amenable to military discipline, may — ( a ) in lieu of awarding the punishment prescribed by the section upon which the serviceman has been convicted or any less punishment authorised by this Act; and ( b ) in addition to the serviceman’s liability under section 14 of the Enlistment Act 1970, require the operationally ready national serviceman, to serve for such further period or periods of operationally ready national service not exceeding 12 months in the aggregate as the court may, in the circumstances of each particular case, decide. (18) The subordinate military court is to award the punishment referred to in subsection (17) only where it is satisfied that the operationally ready national serviceman is fit for operationally ready national service and considers that it is in the best interests of the Singapore Armed Forces that the operationally ready national serviceman should render a further period of operationally ready national service. (19) For the purposes of this Part, the punishment referred to in subsection (17) is to be treated as a less punishment than that specified in subsection (1)( e ) and is to be treated as a sentence imposed by a subordinate military court for purposes of review and appeal under this Act.


document_id: safa-1972
provision_ref: s119
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 119
title: Punishment for aggravated disciplinary barrack offences
content:
119. —(1) Subject to subsection (2), 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 or senior military expert in charge of a disciplinary barrack with caning not exceeding 12 strokes. [28/2009] (2) The officer or senior military expert in charge of a disciplinary barrack must not award any caning without the approval of the Armed Forces Council. [28/2009] (3) For the purposes of this section, an aggravated disciplinary barrack offence is — ( a ) mutiny as defined in section 15; ( 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 are to 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, the person shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which the person has been sentenced.


document_id: safa-1972
provision_ref: s120
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 120
title: Suspension of sentence
content:
120. —(1) Subsections (2) and (3) 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 is 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 must be suspended and the accused must 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 has to direct whether the 2 sentences are to run concurrently or consecutively. Execution of sentences


document_id: safa-1972
provision_ref: s121
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 121
title: Commencement of sentences
content:
121. —(1) The term of imprisonment or special detention in a disciplinary barrack or detention to which a person subject to military law is sentenced by a subordinate military court or a term of detention awarded by a disciplinary officer whether the person is already undergoing sentence or not takes effect from the date on which it was passed unless the court or the disciplinary officer passing the sentence otherwise directs. (2) A sentence of imprisonment or special detention in a disciplinary barrack or detention passed by a subordinate military court or sentence of detention passed by a disciplinary officer or when there has been an appeal, by the Military Court of Appeal, which is suspended under section 120, must not start to run until the beginning of the date on which the suspension is cancelled.


document_id: safa-1972
provision_ref: s122
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 122
title: Sentence of detention or special detention in disciplinary barrack
content:
122. —(1) A person sentenced to detention under this Act must, unless otherwise provided for in regulations made under this Act, serve the person’s sentence in detention barracks. (2) A person must not in any event be required to serve any part of a sentence of detention in a military or civil prison except that in such cases and subject to such conditions as may be specified in any regulations made under this Act a person serving such a sentence may be temporarily detained in a military or civil prison for any period not exceeding 7 days and thereafter must be transferred to detention barracks. (3) A person sentenced to special detention in a disciplinary barrack must, unless otherwise provided for in any regulations made under this Act, serve the person’s sentence in a disciplinary barrack.


document_id: safa-1972
provision_ref: s123
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 123
title: Civil prisons may receive military prisoners
content:
123. It is lawful for the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933 or any Superintendent of Prisons, in accordance with any regulations made under this Act, to receive any person — ( a ) sentenced by a subordinate military court duly sent to the Commissioner or Superintendent pursuant to such regulations and to confine the person until execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law; ( b ) delivered into the Commissioner’s or Superintendent’s custody as a deserter or absentee without leave by any person conveying the person under legal authority on production of a warrant of a magistrate on which such deserter or absentee without leave has been taken or committed; and ( c ) in military custody and detain the person for a period not exceeding 7 days. [1/2014]


document_id: safa-1972
provision_ref: s124
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 124
title: Provisions as to persons unlawfully at large
content:
124. —(1) A person who, having been sentenced by a subordinate military court to imprisonment or detention or to detention by a disciplinary officer, is at large may (without prejudice to any other power of arrest) be arrested by any police officer without warrant and taken to any place in which the person may be required to be detained in accordance with this Act or any regulations made under this Act. (2) Where any person sentenced by a subordinate military court to imprisonment or detention or sentenced to detention by a disciplinary officer is at large at any time during the period for which the person is liable to be detained pursuant to the sentence, no account is to be taken, in calculating the period for which the person is liable to be so detained, of any time elapsing after the person was at large and before the person is either taken into custody or received into a military prison, whether pursuant to the same sentence or to a sentence of any other court.


document_id: safa-1972
provision_ref: s125
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 125
title: Mode of executing sentence of caning
content:
125. —(1) This section applies to a sentence of caning awarded under section 112(1) or in respect of an offence specified in section 118(16) or 119. [Act 24 of 2022 wef 28/10/2022] (2) The caning awarded at any one trial must not exceed 24 strokes in the case of a person who is 16 years of age or older or 10 strokes in the case of a person below 16 years of age. (3) Caning must be inflicted on such part of the person as the Minister may direct. (4) The rattan must not exceed 6.35 millimetres in diameter. (5) In no case may caning be inflicted upon any person under this section until a medical certificate has been issued by a medical officer to the effect that the person is in a fit condition of health to undergo the punishment. (6) A person on whom caning is to be inflicted must wear such protective clothing as may be prescribed.


document_id: safa-1972
provision_ref: s126
chapter: PART 6 - PUNISHMENTS OF MILITARY OFFENCES AND
section: 126
title: Power of President to grant pardon and to mitigate punishment, etc.
content:
126. The President, as occasion may arise, may, on the advice of the Cabinet — ( a ) grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one; ( b ) grant to any offender convicted of any offence in any subordinate military court, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or ( c ) remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.


document_id: safa-1972
provision_ref: s127
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 127
title: Establishment, jurisdiction and powers of Military Court of Appeal
content:
127. —(1) A Military Court of Appeal is established which is a superior court of record consisting of — ( a ) a president who is, or is a person qualified to be, a Supreme Court Judge appointed by the Chief Justice; and ( b ) 4 other members 2 of whom are qualified persons of at least 5 years standing and 2 of whom are officers of or above the rank of captain or senior military experts. [28/2009; 40/2019] (2) The 2 members of the Military Court of Appeal who are qualified persons must be appointed by the Armed Forces Council from a panel of qualified persons and the 2 members who are officers or senior military experts must be selected by the Armed Forces Council from a panel of officers and senior military experts. [28/2009] (3) Despite subsections (1) and (2), 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 1871, the Court must consist of a president and 2 other members all of whom are Supreme Court Judges appointed by the Chief Justice. [40/2019] (4) There may be paid to the qualified persons appointed under subsection (2) such remuneration and allowances as the Armed Forces Council may determine. (5) The Military Court of Appeal has jurisdiction to hear and determine any appeal by a person convicted by a subordinate military court subject nevertheless to the provisions of this Part regulating the terms and conditions upon which such appeals may be brought. (6) The Military Court of Appeal has for the purposes of the provisions of this Act full power to determine, in accordance with this Act, any question necessary to be determined to do justice in any case before the Court and may issue any warrants necessary for enforcing its orders or sentences. (7) The determination of any question before a Military Court of Appeal must be according to the opinion of the majority of the members of the Court hearing the case. (8) An appeal by a person convicted by a subordinate military court must be either against the conviction, or against sentence or against both, except that where an accused person has pleaded guilty and has been convicted on such plea by a subordinate military court there is no appeal except as to the extent or legality of the sentence. (9) An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law. (10) The Director, Legal Services of the Singapore Armed Forces may appeal against an acquittal by a subordinate military court or a sentence of a subordinate military court which is manifestly inadequate.


document_id: safa-1972
provision_ref: s128
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 128
title: Oath and affirmation
content:
128. —(1) Before the president of the Military Court of Appeal enters upon the execution of his or her office, he or she must take in the presence of the Chief Justice the oath or affirmation of allegiance in the prescribed form. (2) An oath or an affirmation in the prescribed form must be administered by the president of the Military Court of Appeal to every member of the Court before the appeal starts. (3) An oath or an affirmation in the prescribed form must be administered by the president of the Military Court of Appeal to every shorthand writer or interpreter (if any) in attendance at the appeal. (4) Every witness before the Military Court of Appeal must be examined on oath or on affirmation, which the president of the Court or other prescribed person must administer in the approved form. (5) To avoid doubt, where an oath or affirmation of allegiance is required to be taken under subsection (1), the president of the Military Court of Appeal may take the oath or make the affirmation by appearing before the Chief Justice through a live video link or live television link created using a remote communication technology that allows the Chief Justice to — ( a ) maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and ( b ) confirm the identity of the person taking the oath or making the affirmation, and any interpreter present. [Act 25 of 2023 wef 01/12/2023] (6) Where an oath or affirmation is required to be administered under subsection (2) or (3), any requirement in subsection (2) or (3) for the person taking the oath or making the affirmation to appear before the president of the Military Court of Appeal is deemed satisfied if — ( a ) the person taking the oath or making the affirmation, and the president of the Military Court of Appeal, do so in accordance with any requirements that may be prescribed through any electronic means of communication created by remote communication technology as set out in the Second Schedule; and ( b ) the electronic means of communication allows the president of the Military Court of Appeal to — (i) communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and (ii) confirm the identity of the person taking the oath or making the affirmation, and any interpreter present. [Act 25 of 2023 wef 01/12/2023]


document_id: safa-1972
provision_ref: s129
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 129
title: Notice and petition of appeal
content:
129. —(1) An appeal is brought by way of a notice of appeal, signed by the appellant and lodged with the registrar of the Military Court of Appeal. (2) A notice of appeal must be lodged within 10 days after the date on which the decision appealed against was given except 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 is the respondent to the appeal. (4) Every notice of appeal must contain an address, a fax number or an electronic mail address to which any notices or documents connected with the appeal may be served upon the appellant or the appellant’s counsel. [Act 24 of 2022 wef 28/10/2022] (5) When a notice of appeal has been lodged, the registrar of the Military Court of Appeal must cause 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 (called in this subsection the appeal documents) to be served on the appellant or the appellant’s counsel — ( a ) by delivering the appeal documents at the address mentioned in the notice of appeal to — (i) the appellant; (ii) where the appellant is not present at the address and the address is a business address — the appellant’s counsel or any other adult person present at the address; or (iii) where the appellant is not present at the address and the address is a residential address — an adult person who is a member of the appellant’s family; ( b ) by posting the appeal documents by registered post addressed to the appellant or the appellant’s counsel (as the case may be) at the address mentioned in the notice of appeal; ( c ) by addressing the appeal documents to the appellant or the appellant’s counsel (as the case may be), and transmitting the documents by fax to the fax number mentioned in the notice of appeal; ( d ) by addressing the appeal documents to the appellant or the appellant’s counsel (as the case may be), and transmitting the documents to the electronic mail address mentioned in the notice of appeal; or ( e ) by any other prescribed method. [Act 24 of 2022 wef 28/10/2022] (6) Within 10 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), the appellant or the appellant’s counsel must lodge with the registrar of the Military Court of Appeal a petition of appeal signed by the appellant or the appellant’s counsel and addressed to the Military Court of Appeal. (7) Every petition of appeal must state shortly the substance of the judgment appealed against and the grounds of appeal and must 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 permission of the Military Court of Appeal, the appellant is not to 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. [Act 25 of 2021 wef 01/04/2022] (9) If a petition of appeal is not lodged within the time prescribed by this section, the appeal is deemed to have been withdrawn and the subordinate military court is to enforce its sentence or order where there has been a stay of execution or enforcement. [Act 25 of 2021 wef 01/04/2022] (10) Nothing in subsection (9) limits or restricts 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).


document_id: safa-1972
provision_ref: s130
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 130
title: Bail pending appeal
content:
130. A subordinate military court may grant bail to any person who has lodged a notice of appeal against the person’s conviction or sentence in accordance with section 129.


document_id: safa-1972
provision_ref: s131
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 131
title: Delivery of notice of appeal
content:
131. A copy of the notice of appeal must be delivered by the registrar to the president of the Military Court of Appeal and upon the issue of the convening order under section 132(1) to the other members of the Court and to the respondents.


document_id: safa-1972
provision_ref: s132
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 132
title: Convening order
content:
132. —(1) Upon the lodging of a petition of appeal, the president of the Military Court of Appeal must issue a convening order. (2) A convening order must contain the following particulars: ( a ) the particulars of the members of the Military Court of Appeal; ( b ) the particulars of the appellant and the respondent; ( c ) the date on which the hearing starts; ( d ) the place of the hearing; ( e ) any other particulars as may be prescribed in any regulations made under this Act.


document_id: safa-1972
provision_ref: s133
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 133
title: Delivery of convening order
content:
133. A copy of the convening order must be delivered by the registrar of the Military Court of Appeal to the members of the Court, to the appellant and to the respondent as soon as possible.


document_id: safa-1972
provision_ref: s134
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 134
title: Withdrawal of appeal
content:
134. The appellant may at any time, with the permission of the president of the Military Court of Appeal, withdraw the appellant’s appeal.


document_id: safa-1972
provision_ref: s135
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 135
title: Joint or separate appeal
content:
135. The president of the Military Court of Appeal may order, where appeals by more than one party against a judgment have been submitted, that they must be heard jointly or separately.


document_id: safa-1972
provision_ref: s136
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 136
title: Delivery of judgment and record to Military Court of Appeal
content:
136. Where an appeal has been lodged, the judgment, the record of the proceedings and any other relevant material of the subordinate military court must be delivered by the registrar to the president of the Military Court of Appeal, to the members of the Court and to the military prosecutor.


document_id: safa-1972
provision_ref: s137
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 137
title: Proceedings in Military Court of Appeal
content:
137. —(1) Where a party to an appeal having been summoned does not attend, the Military Court of Appeal may hear the appeal in his or her absence. (2) During the hearing of the appeal, the appellant must be heard first and the respondent heard after the appellant; the appellant is then entitled to reply. (3) Where appeals by several persons are heard jointly, the president of the Military Court of Appeal must determine the order in which they are to be heard. (4) The president of the Military Court of Appeal may permit any party to present additional arguments.


document_id: safa-1972
provision_ref: s138
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 138
title: Effect of death or sickness on Military Court of Appeal
content:
138. —(1) If the Military Court of Appeal, after the appeal starts, is by reason of death or otherwise reduced below the legal minimum, the Court must be dissolved. (2) If before the appeal starts, the president of the Military Court of Appeal dies or is otherwise unable to attend, the Court must be dissolved. (3) If, on account of the illness of the accused before the appeal is dealt with, it is impossible to continue the appeal, the Military Court of Appeal must be dissolved. (4) Where the Military Court of Appeal is dissolved under subsection (1), (2) or (3), the appeal must be dealt with at a later date.


document_id: safa-1972
provision_ref: s139
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 139
title: Removal from office and bar to serve in Military Court of Appeal, etc.
content:
139. —(1) The Armed Forces Council may, on the advice of the Chief Justice, remove the president of the Military Court of Appeal from office for misbehaviour or for inability, whether from infirmity of body or mind or any other cause, properly to discharge the functions of his or her office. (2) The Armed Forces Council may bar any officer or senior military expert from serving as a member of a Military Court of Appeal or a subordinate military court for misbehaviour or for inability, whether from infirmity of body or mind or from any other cause, properly to discharge the functions of the office. [28/2009]


document_id: safa-1972
provision_ref: s140
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 140
title: Challenge by accused
content:
140. —(1) Where the appeal of an accused is about to be heard by the Military Court of Appeal, the accused may object for any reasonable cause to any member of the Court, other than the president of the Court, whether that member was appointed to serve thereon originally or to fill a vacancy caused by the retirement of a member objected to, so that the Court may consist of members to whom the accused makes no reasonable objection. (2) Upon an objection being made by an accused with regard to any member of the Military Court of Appeal, the objection must be submitted to the other members appointed to form the Court. (3) If the objection mentioned in subsection (2) is allowed by one half or more of the votes of the members entitled to vote, the objection is allowed and the member objected to must retire and his or her vacancy may be filled in the prescribed manner by another member subject to the same right to the accused person to object. (4) In order to enable the accused to avail himself or herself of the privilege of objecting to any member, the names of the members appointed to form the Military Court of Appeal must be read over in the hearing of the accused on their first assembly and before they are sworn and the accused must be asked whether he or she objects to any of those members and a like question must be repeated in respect of any member appointed to serve in lieu of a retiring member. Powers of Military Court of Appeal


document_id: safa-1972
provision_ref: s141
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 141
title: Interpretation of this Part
content:
141. In this Part, unless the context otherwise requires, “appellant” includes the Director, Legal Services of the Singapore Armed Forces.


document_id: safa-1972
provision_ref: s142
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 142
title: Power to quash conviction as wrong in law, etc.
content:
142. —(1) The Military Court of Appeal is to allow an appeal against conviction by a subordinate military court if the Court thinks — ( a ) that the finding of the subordinate military court under all the circumstances of the case is unsafe or unsatisfactory; ( b ) that the finding involves a wrong decision of a question of law; or ( c ) that there was a material irregularity in the course of the trial, and in any other case is to dismiss the appeal. (2) The Military Court of Appeal may, even though it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred. (3) If the Military Court of Appeal allows an appeal against conviction, the Court is to quash the conviction. (4) In an appeal from an order of acquittal, the Military Court of Appeal may reverse the order and direct that further enquiry is to be made or that the accused is to, subject to section 149, be re‑tried or find the accused guilty and pass sentence on the accused according to law. (5) At the hearing of an appeal, the Military Court of Appeal may subject to this Part — ( a ) if the appeal is against a conviction — (i) reverse the finding and sentence and acquit the accused or order the accused to be re‑tried under section 149; (ii) alter the finding, maintain the sentence or, with or without altering the finding, reduce or enhance the sentence; or (iii) with or without reduction or enhancement and with or without altering the finding, alter the nature of the sentence; ( b ) if the appeal is against sentence, reduce or enhance the sentence or alter the nature of the sentence; ( c ) if the appeal is from any other order, alter or reverse the order.


document_id: safa-1972
provision_ref: s143
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 143
title: Adjustment of sentence in case of conviction on 2 or more charges
content:
143. Where — ( a ) it appears to the Military Court of Appeal that an appellant, though not properly convicted on some charge preferred against the appellant before the subordinate military court by which he or she was tried, was properly convicted on some other charge so preferred; and ( b ) the sentence passed by the subordinate military court on the appellant was not warranted for the offence of which he or she was convicted on the other charge, the Court is to pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence so warranted that the Court thinks proper.


document_id: safa-1972
provision_ref: s144
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 144
title: Substitution of conviction on different charge
content:
144. —(1) This section applies where an appellant has been convicted of an offence and the subordinate military court by which the appellant was tried could lawfully have found him or her guilty of some other offence, and it appears to the Military Court of Appeal that the subordinate military court must have been satisfied of the facts which proved the appellant guilty of that other offence. (2) The Military Court of Appeal may in the circumstances described in subsection (1), instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence that the Court thinks proper, being a sentence warranted by that other offence.


document_id: safa-1972
provision_ref: s145
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 145
title: Variation of conviction so as to attract different sentence
content:
145. —(1) Where an appellant has been convicted of an offence committed under circumstances involving the higher of 2 degrees of punishment, and it appears to the Military Court of Appeal that the subordinate military court by which the appellant was tried ought to have found him or her guilty of the offence as being committed under circumstances involving the lower degree of punishment, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment. (2) Where an appellant has been convicted of an offence and it appears to the Military Court of Appeal that the subordinate military court by which the appellant was tried ought to have found him or her guilty of the offence subject to exceptions or variations, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the offence subject to exceptions or variations. (3) Where the Military Court of Appeal exercises the power conferred by subsection (1) or (2), the Court may pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence that the Court thinks proper, being a sentence warranted for the offence specified or involved in the substituted finding.


document_id: safa-1972
provision_ref: s146
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 146
title: Substitution of finding of insanity or unfitness to plead
content:
146. Where on an appeal the Military Court of Appeal is of the opinion that the proper finding should have been a finding that the accused was not guilty by reason of insanity or that the accused was unfit to stand trial, the Court is to order that the accused be kept in custody and dealt with in accordance with the procedure laid down in regulations made under this Act where a subordinate military court makes a finding of not guilty by reason of insanity or a finding of unfitness to stand trial.


document_id: safa-1972
provision_ref: s147
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 147
title: Term of sentence passed under section 142, 143, 144 or 145
content:
147. The term of any sentence passed by the Military Court of Appeal under section 142, 143, 144 or 145 starts to run, unless the Court otherwise directs, from the time from which it would have started to run if it had been passed in the proceedings from which the appeal was brought.


document_id: safa-1972
provision_ref: s148
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 148
title: Re‑trial generally excluded
content:
148. Subject to the provisions of this Act, where the conviction of a person by a subordinate military court for an offence has been quashed under this Act, the person shall not be liable to be tried again for that offence by a subordinate military court or by a civil court or by a disciplinary officer.


document_id: safa-1972
provision_ref: s149
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 149
title: Power to authorise re‑trial in certain cases
content:
149. —(1) The Military Court of Appeal has power, on quashing a conviction or reversing an order of acquittal, to make an order authorising the appellant to be re‑tried by a subordinate military court. (2) The Military Court of Appeal may only exercise the power under subsection (1) when the appeal against conviction or an order of acquittal is allowed by reason only of evidence received or available to be received by the Court under section 152 and it appears to the Court that the interests of justice require that an order under this section should be made. (3) An appellant must not be re‑tried under this section for an offence other than — ( a ) the offence of which the appellant was convicted by the original subordinate military court and in respect of which his or her appeal is allowed as mentioned in subsection (2); ( b ) any offence of which the appellant could have been convicted at the original subordinate military court on a charge of the firstmentioned offence; or ( c ) any offence charged in the alternative in respect of which the subordinate military court recorded no finding in consequence of convicting the appellant of the firstmentioned offence. (4) A person who is to be re‑tried under this section for an offence is, if the Military Court of Appeal so directs, to be re‑tried on a fresh charge or charges specified in the direction.


document_id: safa-1972
provision_ref: s150
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 150
title: Implementation of authority for re‑trial, and supplementary orders of Military Court of Appeal
content:
150. —(1) The limitations imposed in this Act with respect to the time within which a trial may be started do not apply in the case of a re‑trial authorised by an order of the Military Court of Appeal under section 142(4) or 149. (2) The Military Court of Appeal may, where it authorises a re‑trial, make any orders that appear to it to be necessary or expedient for the retention until the relevant time of property or money which has been restored, delivered or paid pursuant to an order made on or in consequence of the original conviction or has been placed in safe custody while the operation of any such order is suspended. (3) In subsection (2), the reference to “the relevant time” is a reference to the time when the case is finally disposed of except that for the purposes of that subsection the relevant time, in a case where the appellant is found guilty on his or her re‑trial, is the end of 28 days starting with the date of the finding. Supplementary provisions


document_id: safa-1972
provision_ref: s151
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 151
title: Presentation of appellant’s case
content:
151. An appellant that so desires may, instead of presenting his or her case orally, present it in writing in the prescribed form.


document_id: safa-1972
provision_ref: s152
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 152
title: Evidence
content:
152. —(1) The Military Court of Appeal may — ( a ) order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case; ( b ) order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Court, whether or not the witness was called at the trial; and ( c ) receive the evidence, if tendered, of any witness. (2) Without limiting subsection (1), where evidence is tendered to the Military Court of Appeal under that subsection, the Court may, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power under that subsection of receiving it if — ( a ) it appears to the Court that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and ( b ) the Court is satisfied that it was not adduced at the trial, but there is a reasonable explanation of the failure to adduce it. (3) Subsection (1)( c ) applies to any witness (including the appellant) who is competent but not compellable, and applies also to the appellant’s husband or wife where the appellant makes an application for that purpose and the evidence of the husband or wife could not have been given at the trial except on such an application. (4) The Military Court of Appeal may order the examination of any witness whose attendance may be required under subsection (1)( b ) to be conducted in the prescribed manner before any member of the Court or before any other person appointed by the Court for that purpose, and allow the admission of any depositions so taken as evidence before the Court.


document_id: safa-1972
provision_ref: s153
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 153
title: Mode of taking additional evidence
content:
153. —(1) Without affecting section 152 in dealing with any appeal, the Military Court of Appeal may, if it thinks additional evidence is necessary, either take the evidence itself or direct it to be taken by the trial court. (2) When any additional evidence is taken by the trial court, it is to certify that evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Military Court of Appeal, and the Military Court of Appeal is to thereupon proceed to dispose of the appeal. (3) The parties to the appeal must be present when any additional evidence is taken. (4) In dealing with any appeal, the Military Court of Appeal may also call for and receive from the trial court a report of any matter connected with the trial.


document_id: safa-1972
provision_ref: s154
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 154
title: Judgment
content:
154. —(1) Once the hearing of an appeal ends, the Military Court of Appeal is to, either at once or on some future date which must either then be appointed for the purpose or of which notice must subsequently be given to the parties, deliver judgment in open Court. (2) The Military Court of Appeal is to ordinarily give only one judgment which may be pronounced by the president of the Court or by any other member of the Court that the president may direct but separate judgments are to be delivered if the president so directs. (3) The judgment of any member of the Military Court of Appeal who is absent may be read by any other member.


document_id: safa-1972
provision_ref: s155
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 155
title: Judgment to be certified to trial court
content:
155. —(1) The Military Court of Appeal is to certify its judgment or order to the trial court. (2) The trial court is to thereupon make such orders as are conformable to the judgment or order of the Military Court of Appeal, and, if necessary, the record must be amended in accordance therewith. (3) Upon the withdrawal or discontinuance of any appeal, the registrar of the Military Court of Appeal is to notify the trial court accordingly and if any stay of execution or enforcement has been granted, the sentence or order of the trial court must forthwith be enforced. [Act 25 of 2021 wef 01/04/2022]


document_id: safa-1972
provision_ref: s156
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 156
title: Appeal not to operate as stay of execution or enforcement
content:
156. —(1) Except in the cases mentioned in subsection (4), no appeal operates as a stay of execution or enforcement. [Act 25 of 2021 wef 01/04/2022] (2) The trial court may stay execution or enforcement on any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in such judgment, order, conviction or sentence as to the Military Court of Appeal may seem reasonable. [Act 25 of 2021 wef 01/04/2022] (3) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed must be excluded in computing the term of the sentence unless the Military Court of Appeal otherwise orders. (4) In the case of a conviction involving sentence of death — ( a ) the sentence must not in any case be executed until after the end of the time within which notice of appeal may be given, or any extension of time which may be permitted, under section 129; and ( b ) if notice is so given the sentence must not be executed until after the determination of the appeal. [Act 25 of 2021 wef 01/04/2022]


document_id: safa-1972
provision_ref: s157
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 157
title: Summary rejection of appeal
content:
157. —(1) Where — ( a ) the grounds of appeal do not raise any question of law; and ( b ) it appears to the Military Court of Appeal that — (i) the evidence is sufficient to support the conviction; and (ii) there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the president of the Court, certifying that the members of the Court, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint. (2) Notice of a rejection under subsection (1) must be served upon the appellant. (3) If, in any case rejected under subsection (1), the appellant gives, within 7 days of service of notice of rejection upon him or her, notice to the registrar of the Military Court of Appeal of application for permission to amend his or her grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate and solicitor specifying the question to be raised and undertaking to argue it, the Military Court of Appeal may grant the appellant permission to amend accordingly and must restore the appeal for hearing. [Act 25 of 2021 wef 01/04/2022] (4) For the purposes of subsection (3), the question whether a sentence ought to be reduced is deemed not to be a question of law.


document_id: safa-1972
provision_ref: s158
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 158
title:
Reference of point of law to Military Court of Appeal in case of acquittal by subordinate military court

content:
158. —(1) When any person has been acquitted in a trial before a subordinate military court and the Director, Legal Services of the Singapore Armed Forces has, within one month from the date of the acquittal or such time as the Military Court of Appeal may permit, signed and filed with the registrar of the Court a certificate that the determination of the trial involved a question of law which it is desirable to have determined by the Military Court of Appeal, the Court is to review the case or such part of it as may be necessary and deliver a declaratory judgment thereon. (2) A declaratory judgment of the Military Court of Appeal under subsection (1) does not operate to reverse an order of acquittal, but that judgment is then binding upon all other subordinate military courts in the same manner as an ordinary judgment of the Military Court of Appeal. (3) Only the Director, Legal Services of the Singapore Armed Forces may exercise the powers conferred by this section.


document_id: safa-1972
provision_ref: s159
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 159
title: Costs of appeal
content:
159. The Military Court of Appeal may make such order as to the whole or any part of the costs of appeal or the whole or any part of the costs in a subordinate military court as the Court thinks fit.


document_id: safa-1972
provision_ref: s161
chapter: PART 7 - MILITARY COURT OF APPEAL
section: 161
title: Regulations of procedure in Military Court of Appeal
content:
161. The Armed Forces Council may by regulations made under this Act provide for the procedure and practice to be followed in the Military Court of Appeal.


document_id: safa-1972
provision_ref: s162
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 162
title: General authority
content:
162. —(1) Every person subject to military law found committing or reasonably suspected of having committed an offence under this Act or any regulations made under this Act may be arrested in accordance with the provisions of this Act. (2) Any person making an arrest must actually touch or confine the body of the person being arrested unless there is a submission to the arrest by word or action. (3) Every person authorised to make an arrest under this Act may use such force as is reasonably necessary for that purpose. (4) Where a person ( A ) forcibly resists an attempt to arrest him or her or attempts to evade the arrest, the person ( B ) arresting A or any other person assisting B may use all means necessary to make the arrest.


document_id: safa-1972
provision_ref: s163
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 163
title: Search of place where person sought to be arrested has entered
content:
163. —(1) If any person acting with a warrant of arrest issued under section 169 or acting without a warrant of arrest under sections 164, 165 and 166 has reason to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of the place must, on demand of the person so acting, allow that person free entry to the place and afford all reasonable facilities for search in the place of the person to be arrested. (2) Where free entry to any place cannot be obtained under subsection (1), it is lawful for a person acting with a warrant of arrest or a military policeman acting without a warrant of arrest where such warrant is not immediately obtainable in order to effect an entrance into the place to break open any outer or inner door or window of any place, whether that of the person to be arrested or of any other person, if after notification of his or her authority and purpose and demand of admittance duly made the person or military policeman so acting cannot otherwise obtain admittance.


document_id: safa-1972
provision_ref: s164
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 164
title: Powers of officers and senior military experts
content:
164. An officer or a senior military expert may, without a warrant of arrest, subject to regulations made under this Act, arrest — ( a ) any serviceman of lower rank; and ( b ) any officer or senior military expert who is engaged in a quarrel, affray or disorder. [28/2009]


document_id: safa-1972
provision_ref: s165
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 165
title: Powers of servicemen
content:
165. A serviceman, other than an officer or a senior military expert, may without a warrant of arrest, subject to regulations made under this Act, arrest any serviceman, other than an officer or a senior military expert, of lower rank. [28/2009]


document_id: safa-1972
provision_ref: s166
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 166
title: Powers of military policemen
content:
166. —(1) A military policeman may, without a warrant of arrest, subject to regulations made under this Act, arrest any person subject to military law. (2) Without prejudice to his powers of arrest under subsection (1), a military policeman may, without a warrant of arrest, subject to regulations made under this Act, arrest any person subject to military law who does not give sufficient information to identify himself or herself. (3) A military policeman has — ( a ) the same powers of arrest as a police officer over a person not subject to military law who is in a place in the possession, control or occupancy of the Singapore Armed Forces; and ( b ) power to arrest a person not subject to military law who wilfully obstructs any military operation, training or function.


document_id: safa-1972
provision_ref: s167
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 167
title: Power of arrest of suspected deserters
content:
167. —(1) A police officer may arrest any person whom he or she has reasonable cause to suspect is a deserter, is absent without leave or has failed to comply with an order under section 109(2). [16/2001] (2) Where no police officer is present, any person may arrest a person whom he or she has reasonable grounds to suspect is a deserter or is absent without leave. (3) Where a person is arrested under subsection (1) or (2), the arrested person must be released or brought as soon as possible before a civil court. [Act 24 of 2022 wef 28/10/2022]


document_id: safa-1972
provision_ref: s168
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 168
title: Proceedings before a civil court where persons suspected of illegal absence
content:
168. —(1) Where a person who is brought before a civil court is alleged to be a serviceman who has deserted, is absent without leave or has failed to comply with an order under section 109(2), subsections (2), (3) and (4) have effect. [16/2001] (2) If the person admits that he or she is illegally absent from the Singapore Armed Forces or has failed to comply with an order under section 109(2) and the civil court is satisfied of the truth of the admission, then even though he or she is in custody for some other cause, the court may forthwith cause the person to be delivered into military custody in such manner as the court may think fit. [16/2001] (3) If the accused does not admit that he or she is illegally absent, or has failed to comply with an order under section 109(2), as mentioned in subsection (2), or the civil court is not satisfied of the truth of the admission, the court is to consider the evidence and any statement of the accused, and if — ( a ) satisfied that the accused is subject to military law; and ( b ) of the opinion that there is sufficient evidence to justify the accused being tried under this Act for an offence of desertion, absence without leave or failure to comply with a lawful order under section 109(2), then, unless the accused is in custody for some other cause, the court is to cause him or her to be delivered into military custody, but otherwise is to discharge him or her. [16/2001] (4) If the accused is in custody for some other cause, the civil court has power, but is not required, to act in accordance with subsection (3).


document_id: safa-1972
provision_ref: s169
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 169
title: Issue of warrant of arrest
content:
169. —(1) Subject to this section, a senior disciplinary officer or a superior commander may by a warrant under the hand of the senior disciplinary officer or superior commander authorise the arrest of any person subject to military law. (2) A senior disciplinary officer or a superior commander, unless he or she is otherwise authorised by the Armed Forces Council, may issue warrants of arrest only in respect of persons serving in his or her command, formation or unit, as the case may be. (3) In the case of a person subject to military law not being a serviceman, a warrant of arrest may be issued only by a senior disciplinary officer or a superior commander authorised in that behalf by the Armed Forces Council. (4) Every warrant of arrest remains in force until it is cancelled by a disciplinary officer or a superior commander or executed.


document_id: safa-1972
provision_ref: s170
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 170
title: Warrants to whom directed
content:
170. —(1) A warrant of arrest may be directed to — ( a ) all military policemen but any military policeman may execute such warrant; ( b ) any one or more servicemen not being military policemen; ( c ) the Commissioner of Police and all other police officers in Singapore. (2) When a warrant is directed to more than one person, it may be executed by all or any one or more of them.


document_id: safa-1972
provision_ref: s171
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 171
title: Provision for avoiding delay after arrest
content:
171. —(1) The allegations against any person subject to military law who is under arrest must be duly investigated without unnecessary delay and as soon as may be either proceedings are to be taken for punishing the person’s offence or he or she must be released from arrest. (2) Whenever any person subject to military law has been arrested and remains under arrest for a period longer than 8 days before being brought before a subordinate military court or a disciplinary officer for trial, a special report on the necessity for further delay must be made to the person and in such manner as may be prescribed. (3) A similar report as mentioned in subsection (2) must be made to the like person in the like manner every 8 days until he or she is brought before a subordinate military court for trial or has been dealt with summarily by a disciplinary officer or he or she is released from arrest. (4) Subsections (2) and (3) do not apply where the accused is on active service. Searches


document_id: safa-1972
provision_ref: s172
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 172
title: Search of persons arrested
content:
172. —(1) A military policeman making an arrest under this Act may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon the person and any such articles which there is reason to believe were the instruments or the fruits of or other evidence of the crime may be detained until his or her discharge or acquittal. (2) Any person other than a military policeman making an arrest under this Act may search the person arrested for any offensive weapons and may seize any such weapons.


document_id: safa-1972
provision_ref: s173
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 173
title: Power of search by persons of a superior rank
content:
173. Any person superior in rank to a serviceman may, without warrant, search a serviceman, or a place, if the person has authority over the serviceman or the place.


document_id: safa-1972
provision_ref: s174
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 174
title: Search warrant
content:
174. A president of a subordinate military court, a senior disciplinary officer and a superior commander may, in accordance with regulations made under this Act, issue search warrants.


document_id: safa-1972
provision_ref: s175
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 175
title: Searching of women
content:
175. Whenever it is necessary to cause a woman to be searched, the search must be made by another woman with strict regard to decency.


document_id: safa-1972
provision_ref: s176
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 176
title: Forms of warrants
content:
176. Warrants of arrest and search warrants must be in such form as may be prescribed by regulations made under this Act. Investigations


document_id: safa-1972
provision_ref: s177
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 177
title: Investigating officers
content:
177. The following persons may, subject to section 178, serve as investigating officers: ( a ) any officer, warrant officer or military expert of or above the rank of ME3 appointed in writing by a senior disciplinary officer or a superior commander to investigate a military offence; ( b ) any military policeman. [28/2009]


document_id: safa-1972
provision_ref: s178
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 178
title: Restriction on powers of investigating officers
content:
178. —(1) An officer or a senior military expert appointed as an investigating officer under section 177( a ) may only conduct an investigation where there is reason to believe that a military offence specified in the First Schedule has been committed. [28/2009] [Act 25 of 2023 wef 01/12/2023] (2) A warrant officer, or a military expert of the rank of ME3, appointed as an investigating officer under section 177( a ) may only conduct an investigation where there is reason to believe that a military offence specified in the First Schedule has been committed by a soldier who is below the rank of warrant officer or ME3. [28/2009] [Act 25 of 2023 wef 01/12/2023] (3) A military policeman may conduct an investigation where there is reason to believe that any offence involving persons subject to military law has been committed. (4) An investigation may be conducted where the person who has committed the offence is not known.


document_id: safa-1972
provision_ref: s179
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 179
title: General powers of investigating officers
content:
179. —(1) An investigating officer may — ( a ) issue a written order requiring the attendance before the investigating officer of any person who appears to be acquainted with the circumstances of the matter; ( b ) if the investigating officer considers that the production of any document or other material is necessary or desirable for the purpose of an investigation, issue a written order to the person in whose possession, custody or control such document or material is believed to be, requiring the person to attend and produce it at the time and place stated in the order; ( c ) for the purpose of the investigation, take possession of or photograph any material or document; ( d ) take or cause to be taken the fingerprints and photographs of a person accused of an offence and may use them in any manner the investigating officer thinks fit including sending the same for identification and report; ( e ) visit any place for the purpose of investigation; and ( f ) examine orally any person who may be acquainted with the facts and circumstances of the matter under investigation and must reduce into writing any statement made by the person so examined. (2) Where an investigation into an offence involving persons subject to military law, that is not committed on active service, is completed, the investigating officer — ( a ) if he or she is an officer, a warrant officer or a military expert of or above the rank of ME3 appointed under section 177( a ), must forward the investigation material obtained pursuant to the exercise of his or her powers under subsection (1) to the senior disciplinary officer or superior commander who appointed him or her to investigate the offence, who must thereupon cause the matter to be dealt with in accordance with the provisions of Part 4; ( b ) if he or she is a military policeman, must forward the investigation material obtained pursuant to the exercise of his or her powers under subsection (1) to the Director, Legal Services of the Singapore Armed Forces who must, if that person is of the opinion that the investigation material discloses sufficient evidence to connect a person subject to military law with the commission of an offence, direct a military prosecutor to frame a charge and submit the charge to a disciplinary officer for summary trial under Part 4 or to a subordinate military court for trial. [17/2004; 28/2009] (3) Where the investigation is in respect of an offence committed by a person on active service, the investigating officer, whether a military policeman or otherwise, must submit the investigation material to a senior disciplinary officer or superior commander who will, if he or she is satisfied that the material discloses evidence to connect the person with the commission of the offence, either deal with the case summarily or arrange the convening of a field general court martial for the trial of the person.


document_id: safa-1972
provision_ref: s180
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 180
title: Witnesses
content:
180. —(1) Any witness before an investigating officer is bound to state truly the facts and circumstances with which he or she is acquainted concerning the matter under investigation and must answer every question put to him or her in the course of the investigation provided that he or she may decline to make a statement which may incriminate him or her. (2) A statement made by any person under this section must be read over to the person by the investigating officer and must, after giving the person the opportunity to make any corrections, be signed by the person. (3) Where the person who has made a statement refuses to sign the statement, the investigating officer must record the fact of the refusal.


document_id: safa-1972
provision_ref: s181
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 181
title: Admissibility of statements
content:
181. —(1) Subject to this section, no statement made by any person to an investigating officer in the course of an investigation may be used as evidence at his trial. (2) When any witness, other than the accused, is called for the prosecution or for the defence, the subordinate military court is, on the request of the accused or the prosecutor, to refer to any statement made by the witness to an investigating officer, and the statement may be used in the manner provided by the Evidence Act 1893. (3) When a person is charged with an offence in relation to the making or contents of any statement made by the person to an investigating officer in the course of an investigation, the statement may be used in or as evidence. (4) Where a person is charged with an offence, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether in the course of an investigation or not, by the person to or in the hearing of an investigating officer is admissible in evidence at his or her trial and, if the person tenders himself or herself as a witness, the statement may be used in cross‑examination and for the purpose of impeaching his or her credit. (5) A subordinate military court is to refuse to admit such statement or allow it to be used as mentioned under subsection (4) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the person, proceeding from a person in authority and sufficient in the opinion of the court, to give the person grounds which would appear to him or her reasonable for supposing that by making it he or she would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him or her. (6) Where a person subject to military law is officially informed that he or she may be prosecuted for an offence in a subordinate military court, he or she must be served with a written notice, which must be explained to the person, 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), he or she must forthwith be officially informed, orally or in writing, of the date, place and nature of the offence which he or she is alleged to have committed. (8) No statement made by an accused in answer to a written notice served on the accused pursuant to subsection (6) is to be construed as a statement caused by any inducement, threat or promise as is described in subsection (5), if it is otherwise voluntary. (9) In subsections (6) and (7), “officially informed” means informed by an investigating officer mentioned in section 177, and empowered by section 178, to investigate the offence mentioned in subsection (6).


document_id: safa-1972
provision_ref: s182
chapter: PART 8 - ARRESTS, SEARCHES AND INVESTIGATIONS
section: 182
title:
Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when informed that accused may be prosecuted for an offence

content:
182. —(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 or she may be prosecuted for the offence, failed to mention any fact, which in the circumstances existing at the time he or she 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 any inferences from the failure that appear proper. (2) The failure mentioned in subsection (1) 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. (3) In subsection (1), “officially informed” means informed by an investigating officer mentioned in section 177 and empowered by section 178 to investigate into the offence mentioned in subsection (1). (4) In any proceedings in a subordinate military court, nothing in this section — ( a ) prejudices the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, insofar as evidence thereof would be admissible apart from this section; or ( b ) is to 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 this section.


document_id: safa-1972
provision_ref: s182A
chapter: PART 9 - BAIL AND BONDS
section: 182A
title: Interpretation of this Part
content:
182A. In this Part — “Bail Officer” means any officer or senior military expert appointed by the Armed Forces Council under section 182AA(1) to exercise the power to release a person subject to military law on bail or bond; [Act 5 of 2025 wef 09/03/2025] “military court” means a general court martial or the Military Court of Appeal. [28/2009]


document_id: safa-1972
provision_ref: s182AA
chapter: PART 9 - BAIL AND BONDS
section: 182AA
title: Appointment of Bail Officer
content:
182AA. —(1) The Armed Forces Council may appoint any officer or senior military expert to exercise the power to release a person subject to military law on bail or bond. (2) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: safa-1972
provision_ref: s182B
chapter: PART 9 - BAIL AND BONDS
section: 182B
title: When person subject to military law may be released on bail
content:
182B. —(1) Where any person subject to military law who is accused of an offence is arrested or detained in accordance with this Act or any regulations made under this Act or is brought before a military court, he or she may be released on bail or his or her own bond by a Bail Officer or the military court. (2) A person must not be released on bail or his or her own bond under subsection (1) if there appear to be reasonable grounds for believing that he or she has been guilty of an offence punishable with death or imprisonment for life. (3) The Bail Officer or military court releasing any person under subsection (1) must record in writing the reasons for so doing. (4) A Bail Officer or a military court may at any time cause a person who has been released under this section to be arrested and may commit the person to custody.


document_id: safa-1972
provision_ref: s182C
chapter: PART 9 - BAIL AND BONDS
section: 182C
title: Amount of bail or bond
content:
182C. The amount of bail or bond must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or detained.


document_id: safa-1972
provision_ref: s182D
chapter: PART 9 - BAIL AND BONDS
section: 182D
title: Person released on bail to give address for service
content:
182D. —(1) Where any person is released on bail or his or her own bond, the person must give to the Bail Officer or the military court releasing him or her an address at which service upon him or her of all notices and process may be made. (2) In any case where the person released cannot be found or for any other reason service on him or her of any notice or process cannot be effected, any notice or process left for the person at the address given by him or her under subsection (1) is deemed to have been duly served on him or her.


document_id: safa-1972
provision_ref: s182E
chapter: PART 9 - BAIL AND BONDS
section: 182E
title: Bond to be executed
content:
182E. —(1) Before any person is released on bail or his or her own bond under this Part, a bond for any sum of money that the Bail Officer or military court (as the case may be) thinks sufficient must be executed by the person and, when he or she is released on bail, by one or more sufficient sureties conditioned that the person must attend at the time and place mentioned in the bond, and must continue so to attend until otherwise directed by a Bail Officer or a military court, as the case may be. (2) It is a further condition of the bond that as long as it remains in force, the person so released must not, without the permission of a Bail Officer or a military court (as the case may be), leave Singapore. (3) Such permission, if granted, must be evidenced by an endorsement on the bond specifying the period of time and the place to which the permission extends. (4) Such permission must not be granted except on the personal application of the person so released in the presence of his or her surety or sureties, if any.


document_id: safa-1972
provision_ref: s182F
chapter: PART 9 - BAIL AND BONDS
section: 182F
title: Person to be released
content:
182F. —(1) As soon as the bond has been executed, the person for whose appearance it has been executed must be released. (2) Nothing in this section is deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.


document_id: safa-1972
provision_ref: s182G
chapter: PART 9 - BAIL AND BONDS
section: 182G
title: Re-arrest in case of insufficient sureties
content:
182G. If through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a Bail Officer or a military court (as the case may be) may direct that the person released must be brought before the Bail Officer or military court and may order the person to find sufficient sureties and, on his or her failing to do so, may commit him or her to custody.


document_id: safa-1972
provision_ref: s182H
chapter: PART 9 - BAIL AND BONDS
section: 182H
title: Cash deposit instead of sureties
content:
182H. Where any person is required by a Bail Officer or a military court to execute a bond with one or more sureties, the Bail Officer or military court may permit the person to enter into his or her own bond and, in addition thereto, to deposit a sum of money of an amount that the Bail Officer or the military court thinks fit instead of providing a surety or sureties.


document_id: safa-1972
provision_ref: s182I
chapter: PART 9 - BAIL AND BONDS
section: 182I
title: Sureties may apply to have bond discharged
content:
182I. —(1) Where any person is required to execute a bond with sureties, any person who has entered into such a bond as surety may apply to a military court or, where no military court has assembled, to the relevant convening authority, to discharge the bond either wholly or so far as it relates to the applicant. (2) On an application being made under subsection (1), the military court or the convening authority (as the case may be) may direct that the person on whose behalf the bond was entered into must be arrested and brought before the court or the authority. (3) Upon the appearance of such person, the military court or the convening authority may direct that the bond be discharged either wholly or so far as it relates to the applicant and is to call on that person to find other sufficient sureties and, if he or she fails to do so, is to commit him or her to custody.


document_id: safa-1972
provision_ref: s182J
chapter: PART 9 - BAIL AND BONDS
section: 182J
title: Arrest on breach of bond for appearance
content:
182J. Where any person who is bound by any bond taken under this Part to appear before a military court or to attend at any other place at the time specified in the bond does not so appear or attend, the Bail Officer or military court (as the case may be) may direct that that person must be arrested and produced before the Bail Officer or military court.


document_id: safa-1972
provision_ref: s182K
chapter: PART 9 - BAIL AND BONDS
section: 182K
title: Procedure on forfeiture of bond
content:
182K. —(1) Where it is proved to the satisfaction of a military court that any bond taken under this Part has been forfeited, the court — ( a ) is to record the grounds of such proof; ( b ) may summon before it any person bound by the bond; and ( c ) may call on the person to pay the penalty thereof or to show cause why it should not be paid. (2) If sufficient cause is not shown and the penalty is not paid, or the person bound by the bond fails to appear, the penalty is deemed to be a debt due to the Government.


document_id: safa-1972
provision_ref: s183
chapter: PART 10 - BOARDS OF INQUIRY
section: 183
title: Board of inquiry
content:
183. —(1) Where it is expedient that the Armed Forces Council and such other person or bodies as it may appoint or prescribe for that purpose (called in this Part the convening body) should be informed on any matter connected with the Government, discipline, administration or functions of the Singapore Armed Forces or affecting any person subject to military law, the Armed Forces Council or any such body may convene a board of inquiry. (2) A board of inquiry must inquire and report on the facts relating to any matter referred to it and, if directed by the convening body to do so, express its opinion on any question arising out of any such matter.


document_id: safa-1972
provision_ref: s184
chapter: PART 10 - BOARDS OF INQUIRY
section: 184
title: Composition
content:
184. —(1) A board of inquiry must consist of one or more persons who are members of the Singapore Armed Forces. (2) Where a board of inquiry consists of more than one person, the convening body must appoint one of the members to be the Chairperson. (3) Where a board of inquiry consists of one member only, that member is vested with the powers of the Chairperson.


document_id: safa-1972
provision_ref: s185
chapter: PART 10 - BOARDS OF INQUIRY
section: 185
title: Powers
content:
185. A board of inquiry may — ( a ) summon any person to give evidence on oath or on affirmation or produce any document or material necessary for the purpose of the inquiry; ( b ) visit any place in order to inquire into any matter which may arise in the course of the inquiry.


document_id: safa-1972
provision_ref: s186
chapter: PART 10 - BOARDS OF INQUIRY
section: 186
title: Application of section 113 to board of inquiry
content:
186. Section 113 applies, with the necessary modifications, to a board of inquiry convened under this Part.


document_id: safa-1972
provision_ref: s187
chapter: PART 10 - BOARDS OF INQUIRY
section: 187
title: Evidence and procedure
content:
187. Subject to this Act or any regulations made under this Act, a board of inquiry is not bound by the rules of evidence and may act in any manner that it thinks most expedient.


document_id: safa-1972
provision_ref: s188
chapter: PART 10 - BOARDS OF INQUIRY
section: 188
title: Admissibility of evidence
content:
188. No statement made in the course of any inquiry and no report of a board of inquiry is admissible as evidence in proceedings before a subordinate military court or a disciplinary officer other than proceedings for an offence under section 49.


document_id: safa-1972
provision_ref: s189
chapter: PART 10 - BOARDS OF INQUIRY
section: 189
title: Sittings not open to public
content:
189. A board of inquiry must not sit in public and no person is allowed to attend an inquiry or address the board of inquiry except with the permission of the Chairperson or if the convening body so directs.


document_id: safa-1972
provision_ref: s190
chapter: PART 10 - BOARDS OF INQUIRY
section: 190
title: Person who may be affected by findings
content:
190. —(1) Where it appears to a board of inquiry that any person subject to military law may be adversely affected by its findings, the board must notify the person thereof and give him or her an opportunity to be present at the sittings of the board of inquiry or at such part thereof as the Chairperson of the board may specify. (2) Any person referred to in subsection (1) is allowed to give evidence and examine witnesses.


document_id: safa-1972
provision_ref: s191
chapter: PART 10 - BOARDS OF INQUIRY
section: 191
title: Record of proceedings
content:
191. —(1) The Chairperson must record or cause to be recorded in writing the proceedings of the board of inquiry. (2) The evidence of each witness before the board of inquiry must be read over to the witness and must be signed by the witness. (3) A record of the proceedings must be signed by the Chairperson and members (if any) and forwarded to the convening body.


document_id: safa-1972
provision_ref: s192
chapter: PART 11 - PAY
section: 192
title: Authorised deductions only to be made from pay
content:
192. The pay of a serviceman must be paid without any deduction other than the deductions authorised by this Act or any other written law or by regulations made under this Act by the Armed Forces Council.


document_id: safa-1972
provision_ref: s193
chapter: PART 11 - PAY
section: 193
title: Deductions from ordinary pay of servicemen
content:
193. —(1) The following deductions may, or if regulations made under this Act so provide must, be made from the ordinary pay due to a serviceman of the Singapore Armed Forces: ( a ) all ordinary pay — (i) for every day of absence either on desertion or without leave, for overstaying the period for which leave of absence is granted or as a prisoner of war under circumstances described in sections 12( d ) and 14; (ii) for every day of imprisonment, corrective training, preventive detention, reformative training or detention of any other description, to which the serviceman is liable in consequence of an order or sentence of a civil court or order of the civil power; (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 the serviceman is under close arrest or civil custody on a charge for an offence of which the serviceman is afterwards convicted by a subordinate military court or a civil court, or by a disciplinary officer or the Senior Disciplinary Committee; ( b ) all ordinary pay for every day on which the serviceman is in hospital on account of sickness certified by the proper medical officer attending on the serviceman at the hospital to have been caused by an offence under this Act committed by the serviceman; ( c ) the sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of any offence as may be awarded by a subordinate military court by whom the serviceman is convicted of such offence or by a disciplinary officer or Senior Disciplinary Committee dealing summarily with a charge under this Act; ( d ) the sum required to make good such compensation for any expenses caused by the serviceman, or for any loss of or damage or destruction done by the serviceman to any arms, equipment, clothing, instruments, or regimental necessaries or military decoration, or to any buildings or property, as may be awarded by the disciplinary officer or Senior Disciplinary Committee dealing summarily with a charge under this Act or, in case the serviceman is required to be tried by a subordinate military court, by that court; ( e ) the share the serviceman is required to contribute as belonging to a unit towards compensation for barrack damage which after due investigation, to be held in the manner provided by regulations made under this Act, appears to have been occasioned by the wilful act or negligence of a person or persons who cannot be identified, belonging to the unit, during the period while such unit was in occupation; for the purposes of this paragraph, “barrack damage” means damage to or loss or destruction of any premises in which servicemen are quartered or billeted, or any appurtenances, fixtures, furniture or effects in the premises or appertaining to the premises, and “unit” includes any part of a unit; ( f ) the sum required to pay a fine awarded by a disciplinary officer, a Senior Disciplinary Committee, a subordinate military court or the Military Court of Appeal, or any fine, penalty, damages, compensation, or costs which a civil court before which the serviceman has been charged with an offence has ordered the serviceman to pay; ( g ) the sum required to pay for the maintenance of the serviceman’s wife or child, or of any illegitimate child, or towards the cost of any relief given by way of loan to the serviceman’s wife or child; and ( h ) the sum required to pay the penalty payable upon forfeiture of any bond taken under Part 9. (2) Despite subsection (1) — ( a ) the total amount of deduction from the ordinary pay due to a serviceman in respect of the sums required to pay any compensation, fine or sum awarded or ordered to be paid under subsection (1) must not exceed a sum that will leave to the serviceman less than 50 cents a day; ( b ) a person must not be subjected in respect of any compensation, fine or sum awarded or ordered to be paid under subsection (1) to any deductions greater than is sufficient to make good the expenses, loss, damage or destruction for which that compensation is awarded, or to pay the said sum; and ( c ) where a serviceman who is sentenced or ordered in respect of an offence on active service to forfeit all ordinary pay is liable to any other penal deductions from pay, the sentence or order applies only to so much of the serviceman’s ordinary pay as remains after those other deductions have been made. (3) Without affecting the provisions of this Act as to the imposition of deduction of pay as a punishment where, after enquiry by the Armed Forces Council or by a board of inquiry convened under Part 9, it appears that a loss of or damage to public or the Singapore Armed Forces property has been occasioned by any wrongful act or negligence of a serviceman, the Armed Forces Council may order the serviceman (whether or not the serviceman is a member of the Singapore Armed Forces when the order is made) to pay as or towards compensation for the loss or damage a sum that may be specified in the order and any such sum which is not otherwise paid by the serviceman may be deducted from the serviceman’s pay. (4) An order must not be made under subsection (3) if the serviceman in proceedings under this Act — ( a ) has been acquitted in circumstances involving a finding that the serviceman was not guilty of the wrongful act or negligence in question; or ( b ) has been awarded deduction of pay in respect of the same loss or damage.


document_id: safa-1972
provision_ref: s194
chapter: PART 11 - PAY
section: 194
title: How deduction of pay may be remitted
content:
194. Any deduction of pay authorised by this Act may be remitted in such manner and by such authority as may be provided by regulations made under this Act, and may, subject to the provisions of any such regulations, be remitted by the Armed Forces Council.


document_id: safa-1972
provision_ref: s195
chapter: PART 11 - PAY
section: 195
title: Supplemental provisions as to deductions from ordinary pay
content:
195. —(1) Any sum authorised by this Act to be deducted from the ordinary pay of a serviceman may, without affecting any other mode of recovering the sum, be deducted from the ordinary pay or from any sums due to the serviceman, in such manner, and when deducted or recovered may be appropriated in such manner, as may be directed by any regulations made under this Act or order of the Armed Forces Council. (2) Subject to the following provisions, any regulations made under this Act or order may declare what is, for the purposes of the provisions of this Act relating to deductions from pay, deemed to constitute a day of absence or a day of imprisonment, special detention or detention: ( a ) no person may 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 6 hours, except where the absence prevented the absentee from fulfilling any military duty; ( b ) a period of absence, imprisonment, special detention or detention which starts before and ends after midnight may be reckoned as a day; ( c ) the number of days must be reckoned as from the time when the absence, imprisonment, special detention or detention starts; and ( d ) no period of less than 24 hours may be reckoned as more than one day. (3) In cases of doubt as to the proper issue of pay or the proper deduction from pay due to any serviceman, the pay may be withheld until the order of the Armed Forces Council respecting it has been made.


document_id: safa-1972
provision_ref: s196
chapter: PART 11 - PAY
section: 196
title: Prohibition of assignment of military pay, pensions, etc.
content:
196. Every assignment of, and every charge on, and every agreement to assign or charge, any deferred pay, or military reward payable to a serviceman or any pension, allowance or relief payable to the serviceman, the serviceman’s wife, widow, child or other dependant, or to any person in respect of any military service, is void, except so far as the same is made pursuant to any regulations made under this Act for the benefit of the family of the person entitled thereto, or as may be authorised by any written law.


document_id: safa-1972
provision_ref: s197
chapter: PART 11 - PAY
section: 197
title: Write‑off of public property
content:
197. —(1) Without affecting section 19 of the Financial Procedure Act 1966 — ( a ) where during or at the end of a trial by a disciplinary officer, Senior Disciplinary Committee or subordinate military court, the disciplinary officer, Senior Disciplinary Committee or subordinate military court — (i) makes an order under section 69(2), 70(2), 70A(2), 70B(2), 72(7) or 118(1)( j ) (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; (ii) makes an order under section 73 or 118(14) (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; ( 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 a Senior Disciplinary Committee under section 72; ( c ) where upon the determination of an appeal, the Military Court of Appeal — (i) makes an order under section 142 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; (ii) substitutes under section 143, 144 or 145 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; (iii) dismisses under section 142 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; (iv) dismisses under section 142 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 142 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; ( d ) where under section 75(1) or 116(6), 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 10 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 section 193(3), 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 any conditions or restrictions that it thinks fit, delegate to a person the exercise of the power vested in it by subsection (1). (3) The Armed Forces Council may exercise the power conferred upon it by subsection (1) even though it has delegated its powers under subsection (2). (4) In subsection (1) — “loss of property” includes destruction of or damage to property; “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, under section 8C(1), appointed a committee to exercise the powers conferred upon it — ( a ) by section 75(1) in relation to a serviceman who is serving in Singapore — a reference to an order made or quashed by the Armed Forces Council in subsection (1)( d ) in respect of that serviceman is to be construed as a reference to an order made or quashed by the committee; or ( b ) by section 193(3) in relation to a serviceman — a reference to an order made by the Armed Forces Council in subsection (1)( e ) in respect of that serviceman is to be construed as a reference to an order made by the committee. (6) Where the Armed Forces Council has — ( a ) under section 75(3), appointed an officer or a senior military expert to exercise the powers conferred upon it by section 75(1) 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 section 116(2), a reference to an order made or quashed by the Armed Forces Council in subsection (1)( d ) in respect of that serviceman is to be construed as a reference to an order made or quashed by the officer, senior military expert or committee, as the case may be. [28/2009]


document_id: safa-1972
provision_ref: s198
chapter: PART 12 - EMERGENCY POWERS
section: 198
title: Application of emergency powers
content:
198. Whenever the President is of the opinion that it is necessary to do so for securing the public safety or the defence of Singapore, the President may order sections 199 and 200 to come into operation and may vary or revoke the order.


document_id: safa-1972
provision_ref: s199
chapter: PART 12 - EMERGENCY POWERS
section: 199
title: Emergency powers
content:
199. Where the public safety or the defence of Singapore so require, it is lawful for any serviceman acting on the authority of the Armed Forces Council — ( a ) to enter, inspect, occupy, take possession of, evacuate, use, transfer, confiscate, repair or destroy any private or public property; and ( b ) to order any person to do any work or render any service.


document_id: safa-1972
provision_ref: s200
chapter: PART 12 - EMERGENCY POWERS
section: 200
title: Compensation and remuneration
content:
200. —(1) Any person who suffers damage because of any act under section 199( a ) is entitled to due compensation. (2) Any person who does work or renders a service under section 199( b ) is entitled to remuneration in accordance with the order of the Armed Forces Council.


document_id: safa-1972
provision_ref: s201
chapter: PART 12 - EMERGENCY POWERS
section: 201
title: Obstruction of exercise of emergency powers
content:
201. Any person who interferes with or obstructs an act under section 199( a ) or does not comply with an order under section 199( b ) shall be guilty of an offence and shall be liable on conviction by a subordinate military court to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: safa-1972
provision_ref: s201A
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201A
title: Interpretation of this Part
content:
201A. In this Part –– “Committee” means the Committee appointed under section 201C(2); “infrastructure” includes physical facilities, supply chains, information technologies and communication networks or systems. [25/2007]


document_id: safa-1972
provision_ref: s201B
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201B
title: Deployment of Singapore Armed Forces for air and sea operations in aid of civilian authorities
content:
201B. —(1) The Minister may authorise the Singapore Armed Forces to be deployed in any manner that is reasonable and necessary for all or any of the following air or sea operations: ( a ) to combat piracy or piratical acts; ( b ) to detect and prevent any aerial or maritime threat to the defence or security of Singapore; ( c ) to detect and prevent the unlawful carriage by air or sea of any weapon, explosive or other dangerous device or substance; ( d ) to rescue any hijacked aircraft, vessel or other fixed or floating facility; ( e ) to carry out such other air or sea operation as the Minister, after consulting the Committee, may, by notification in the Gazette , prescribe. [25/2007] (2) The Minister must have regard to Singapore’s international obligations when giving any authorisation under subsection (1). [25/2007] (3) Subject to sections 201E and 201F, any serviceman deployed for duty under subsection (1) may, for the purposes of the operation for which the serviceman is deployed, do one or more of the following in relation to any aircraft: ( a ) intercept the aircraft and require it –– (i) to leave, or not to enter, Singapore airspace or such part of Singapore airspace as may be specified by the serviceman; or (ii) to land at an aerodrome or such other place in Singapore as may be specified by the serviceman; ( b ) capture or recapture the aircraft; ( c ) board the aircraft; ( d ) where the serviceman is on board the aircraft — (i) prevent, or put an end to, acts of violence; (ii) protect persons from acts of violence; (iii) free any hostage from the aircraft; (iv) evacuate persons to a place of safety; (v) detain any person whom the serviceman believes on reasonable grounds to have committed an offence or to have a design to commit an offence, to be handed over to a police officer as soon as practicable; (vi) search the aircraft, and any person or anything on it, including its cargo; (vii) seize any dangerous thing or other thing related to the operation concerned or evidence of any offence found in such a search; ( e ) detain the aircraft and bring it, or cause it to be brought, to any other place in Singapore; ( f ) take measures (including the use of force) reasonable and necessary in the circumstances to exercise any of the powers in paragraphs ( a ) to ( e ). [25/2007] (4) Subject to sections 201E and 201F, any serviceman deployed for duty under subsection (1) may, for the purposes of the operation for which the serviceman is deployed, do one or more of the following in relation to any vessel or fixed or floating facility: ( a ) intercept the vessel and require it to leave, or not to enter, Singapore territorial waters or such part of Singapore territorial waters as may be specified by the serviceman; ( b ) pursue, stop and board the vessel; ( c ) where necessary and after firing a warning signal, fire at or into the vessel to disable it or compel it to be brought to for boarding; ( d ) capture or recapture the vessel or facility; ( e ) where the serviceman is on the vessel or facility — (i) prevent, or put an end to, acts of violence; (ii) protect persons from acts of violence; (iii) free any hostage from the vessel or facility; (iv) evacuate persons to a place of safety; (v) require any person to give information concerning himself or herself, the vessel or facility or anything thereon; (vi) detain any person whom the serviceman believes on reasonable grounds to have committed an offence or to have a design to commit an offence, to be handed over to a police officer as soon as practicable; (vii) search the vessel or facility, and any person or anything on it, including its cargo; (viii) seize any dangerous thing or other thing related to the operation concerned or evidence of any offence found in such a search; ( f ) detain the vessel and bring it, or direct the person in charge of the vessel to bring it — (i) to a port or to any other place in Singapore; or (ii) out of Singapore; ( g ) take measures (including the use of force) reasonable and necessary in the circumstances to exercise any of the powers in paragraphs ( a ) to ( f ). [25/2007] (5) The powers under subsections (3) and (4) extend to aircraft and vessels outside Singapore in accordance with Singapore’s international obligations. [25/2007]


document_id: safa-1972
provision_ref: s201C
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201C
title: Deployment of Singapore Armed Forces for land operations in aid of civilian authorities
content:
201C. —(1) Where the Minister, after consulting the Committee, is of the opinion that a relevant event has occurred, could occur or would be likely to occur, the Minister may order the Singapore Armed Forces to be deployed for the relevant event for such period as may be specified in the order. [25/2007] (2) For the purposes of this Part, the Prime Minister must appoint a Committee consisting of such persons as the Prime Minister may appoint. [25/2007] (3) Any order made under subsection (1) must be published in the Gazette as soon as practicable after it is made unless, for reasons of urgency or national security, it would be impracticable or undesirable to do so. [25/2007] (4) Any order made under subsection (1) must specify — ( a ) the circumstances to which the order relates; ( b ) the location or infrastructure to which, or the person to whom, the order relates; ( c ) the interest to be protected or threat to be averted, as the case may be; ( d ) the powers under subsection (9) which apply in relation to the order; and ( e ) the period for which the order is in force. [25/2007] (5) An order made under subsection (1) is not invalid by reason that it does not specify one or more of the particulars in subsection (4), if the Minister is satisfied that it is impracticable or undesirable that the particulars be so specified. [25/2007] (6) The Minister, after consulting the Committee, may at any time revoke or vary any order made under subsection (1). [25/2007] (7) The Minister may make any order under subsection (1) without consulting the Committee if he or she is satisfied that –– ( a ) because of a sudden and extraordinary emergency, it is not practicable to do so; and ( b ) any of the circumstances specified in that subsection exists. [25/2007] (8) An order made under subsection (1) by virtue of subsection (7) stops being valid after the end of 72 hours from the time it was made, unless confirmed by the Committee. [25/2007] (9) Subject to sections 201E and 201F, any serviceman deployed for duty in accordance with any order made under subsection (1) which is in force may, for the purposes of the relevant event for which the serviceman is deployed, do one or more of the following: ( a ) exercise any of the powers conferred on a police officer by sections 63 to 68 and 75 to 85 of the Criminal Procedure Code 2010 in like manner as if references in those provisions to –– (i) a police officer were references to a serviceman; (ii) the rank of sergeant were references to the rank of third sergeant or ME1 (depending on whether the holder of that rank is a military expert); and (iii) the rank of inspector were references to the rank of second lieutenant or ME4 (depending on whether the holder of that rank is an officer or a senior military expert); ( b ) regulate, restrict, control or prohibit the use of any public road or public place, where and to the extent that similar powers are not exercisable under paragraph ( f ) by a serviceman; ( c ) erect or place barriers in or across any public road or street or in any public place and take all reasonable steps to prevent any vehicle being driven or ridden past any such barrier, where and to the extent that similar powers are not exercisable under paragraph ( f ) by a serviceman; ( d ) arrest, without warrant, any driver or rider of any vehicle who fails to comply with the signal of a police officer or serviceman requiring such person to stop the vehicle before reaching the barrier erected or placed under paragraph ( c ), where and to the extent that similar powers are not exercisable under paragraph ( f ) by a serviceman; ( e ) where and to the extent that similar powers are not exercisable under paragraph ( f ) by a serviceman, stop and search any person or vehicle, or enter and search any premises, if the serviceman has reasonable grounds for believing that any evidence of the commission or of the preparation for the commission of an offence under the Guns, Explosives and Weapons Control Act 2021, the Arms Offences Act 1973 or the Corrosive and Explosive Substances and Offensive Weapons Act 1958 is likely to be found on the person or premises or in the vehicle, and may –– (i) disarm that person; (ii) seize the evidence so found, any weapon, explosive or other dangerous device or substance and any article or material or accumulation thereof capable of being used for causing hurt if the serviceman has reasonable grounds for believing that it is intended or likely to be used for the purpose of causing hurt; and (iii) seize any vehicle in which that evidence, weapon, explosive, dangerous device or substance, article or material is found; [Act 3 of 2021 wef 01/07/2025] ( f ) exercise any of the powers conferred on a police officer under any provision in Part 4 (except sections 17 and 24), or section 31 or 48, of the Public Order and Safety (Special Powers) Act 2018 as if references in that provision to a police officer were references to a serviceman, but only — (i) when an activation order is made and in effect under that Act in respect of a relevant event; (ii) to the extent requested by the Commissioner of Police; (iii) after a police officer gives an order or a direction under section 19(1) or 21(1) of that Act, if the power under that provision is so requested; and (iv) within a target area within the meaning given by that Act unless it is a power in section 28 or 31 of that Act. [25/2007; 28/2009; 15/2010; 19/2018; 26/2018] (10) In this section, “relevant event” means — ( a ) a terrorist attack in Singapore; ( b ) injury or threat to the life of any person that the Minister proposes to specify in the order under subsection (1); ( c ) damage or disruption to the operation of any infrastructure that the Minister proposes to specify in the order under subsection (1); ( d ) the taking of any hostage; ( e ) the unlawful carriage by land in or through Singapore of any weapon, explosive or other dangerous device or substance; or ( f ) any other event that the Prime Minister may, by notification in the Gazette , specify. [25/2007] (11) A reference in subsection (9) to similar powers exercisable under paragraph ( f ) is a reference to the following powers described in the Public Order and Safety (Special Powers) Act 2018: ( a ) the powers conferred on a police officer under sections 16, 18, 19 and 20 of that Act, where subsection (9)( b ), ( c ) or ( d ) (as the case may be) is concerned; ( b ) the powers conferred on a police officer under sections 16, 22, 23, 25 and 26 of that Act, where subsection (9)( e ) is concerned. [26/2018]


document_id: safa-1972
provision_ref: s201D
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201D
title: Powers of Singapore Armed Forces in vicinity of protected area or place
content:
201D. The Minister may authorise any serviceman to exercise one or more of the powers under section 201C(9) in the immediate vicinity of any Singapore Armed Forces property which has been declared a protected area or a protected place under the Infrastructure Protection Act 2017, for the protection of persons and property therein. [25/2007; 41/2017]


document_id: safa-1972
provision_ref: s201E
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201E
title: Serviceman to act on Minister’s authorisation or superior order
content:
201E. —(1) A serviceman may exercise any power under section 201B(3) or (4) or 201C(9), or give an order to exercise that power, only — ( a ) in accordance with any authorisation or order by the Minister to do so; or ( b ) under, or under the authority of, an order of a superior (called in this section a superior order) to do so. [25/2007] (2) For the purposes of subsection (1)( a ), any authorisation by the Minister includes written authorisation given in advance specifying the powers which are exercisable under the circumstances specified in the authorisation. [25/2007] (3) The Minister must not authorise or order the taking of measures involving the use of lethal force against any person, vehicle, aircraft, vessel or facility unless the Minister is satisfied that those measures are reasonable and necessary in the circumstances, and in so doing, the Minister must have regard to Singapore’s international obligations. [25/2007] (4) Subsection (1)( b ) applies only if — ( a ) the serviceman is under a legal obligation to obey the superior order; ( b ) the superior order is not manifestly unlawful; ( c ) the serviceman has no reason to believe that circumstances have changed in a material way since the superior order was given; ( d ) the serviceman has no reason to believe that the superior order was based on a mistake as to a material fact; and ( e ) the serviceman exercises the power or gives the order to exercise the power in a manner reasonable and necessary to give effect to the superior order. [25/2007] (5) In this section, “superior” means the Chief of Defence Force, an officer, a warrant officer, a military expert of or above the rank of ME3 or such other serviceman as the Minister may specify in an authorisation or order. [25/2007; 28/2009]


document_id: safa-1972
provision_ref: s201F
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201F
title: Restriction on use of force likely to cause death or grievous hurt
content:
201F. —(1) A serviceman in exercising any power under section 201B(3) or (4) or 201C(9) must not, in using force against any person –– ( a ) do anything likely to cause the death of, or grievous hurt to, the person unless the serviceman believes on reasonable grounds that doing that thing is necessary to — (i) protect the life of, or to prevent serious injury to, another person (including the serviceman); or (ii) protect infrastructure specified in an order made under section 201C(1) against damage or disruption to its operation; ( b ) do anything likely to cause the death of, or grievous hurt to, the person in exercising any power under section 201C(9)( f ) unless the serviceman would have been authorised by the Public Order and Safety (Special Powers) Act 2018 to do so if the serviceman were a police officer acting in accordance with that Act; or ( c ) subject the person to greater indignity than is reasonable and necessary in the circumstances. [25/2007; 26/2018] (2) If a person attempts to escape being detained, a serviceman must not do anything that is likely to cause the death of, or grievous hurt to, the person unless the person has, if practicable, been called on to surrender and the serviceman believes on reasonable grounds that the person cannot be apprehended in any other manner. [25/2007]


document_id: safa-1972
provision_ref: s201G
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201G
title: Procedure on arrest of persons, seizure of property or detention of aircraft and vessels
content:
201G. —(1) Any person arrested or detained by a serviceman in exercise of the serviceman’s powers under section 201B(3) or (4) or 201C(9) must be handed over to a police officer as soon as practicable, and section 66(3), (4) and (5) of the Criminal Procedure Code 2010 applies to that person as if he or she were handed over to the police officer under section 66(1) and (2) of that Code. [25/2007; 15/2010; 19/2018] (2) Where a serviceman has seized any thing or vehicle in exercise of the serviceman’s powers under section 201B(3) or (4) or 201C(9), the serviceman must — ( a ) take any action that is reasonable and necessary to secure the thing or vehicle or prevent it from being used; ( b ) if the serviceman believes on reasonable grounds that the thing or vehicle has been used or otherwise involved in the commission of an offence, hand it to a police officer as soon as practicable; and ( c ) if paragraph ( b ) does not apply, return the thing or vehicle to the person from whom it was seized, or hand it to a police officer as soon as practicable. [25/2007] (3) Any thing or vehicle seized by a serviceman must be dealt with in the same manner as if it were seized by a police officer under the Criminal Procedure Code 2010. [25/2007] (4) Where a serviceman has detained any aircraft or vessel in exercise of the serviceman’s powers under section 201B(3) or (4), the serviceman must — ( a ) take any action that is reasonable and necessary to secure the aircraft or vessel, or prevent it from being used; ( b ) report the detention of the aircraft or vessel to the Chief of Defence Force as soon as practicable; and ( c ) deal with the aircraft or vessel in any manner that the Chief of Defence Force, after consulting the Commissioner of Police, may determine. [25/2007]


document_id: safa-1972
provision_ref: s201H
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201H
title: Obstruction of exercise of powers
content:
201H. A person who obstructs or resists, or fails to comply with any order of, a serviceman acting in the exercise of the serviceman’s powers under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [25/2007; 26/2018]


document_id: safa-1972
provision_ref: s201I
chapter: PART 12A - AID TO CIVILIAN AUTHORITIES
section: 201I
title: Powers exercisable under other written law
content:
201I. Nothing in this Part affects or derogates from any other power exercisable by a serviceman under any other written law. [25/2007]


document_id: safa-1972
provision_ref: s202
chapter: PART 13 - MISCELLANEOUS
section: 202
title: Exemption of servicemen from certain laws
content:
202. Any serviceman acting in good faith and in the serviceman’s official capacity is exempt from all written laws providing for the carriage and storage of arms.


document_id: safa-1972
provision_ref: s203
chapter: PART 13 - MISCELLANEOUS
section: 203
title: Reduction in rank for inefficiency
content:
203. When a serviceman by reason of unsuitability or inefficiency of a nature which does not warrant disciplinary action is nevertheless undeserving to retain the serviceman’s rank, the Armed Forces Council may, after giving the serviceman 3 months’ notice in writing to that effect, reduce him or her to a rank appropriate to his or her abilities.


document_id: safa-1972
provision_ref: s204
chapter: PART 13 - MISCELLANEOUS
section: 204
title: Mode of complaint by servicemen
content:
204. —(1) If any serviceman ( A ) thinks himself or herself wronged in any matter by another serviceman ( B ) superior to A in rank, A may complain to B ’s commander, but if A is an officer or a senior military expert who is equivalent or superior in rank to the commander A may complain to an officer or a senior military expert next senior in rank to the commander. [28/2009] (2) Every officer or senior military expert to whom a complaint is made under this section must cause the complaint to be enquired into and must, if on inquiry he or she is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of. [28/2009] (3) If A is not satisfied that his or her complaint has been redressed A may complain to the Armed Forces Council and the Armed Forces Council must examine the complaint and do justice in the matter.


document_id: safa-1972
provision_ref: s205
chapter: PART 13 - MISCELLANEOUS
section: 205
title: Regulations
content:
205. 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 in the uniformed services (including the military domain experts service); ( c ) service grades of regular servicemen in the non-uniformed service, including the designation of grades as officer grades; ( d ) powers of commanders; ( e ) powers of disciplinary officers; ( f ) procedure and practice in summary trials; ( g ) powers and duties of military policemen; ( h ) arrests and searches and investigation of offences; ( i ) payments, deductions, forfeitures, pensions, gratuities and other allowances; ( j ) terms and conditions of service of servicemen including classes or categories of serviceman and periods of service; ( k ) terms and conditions of service of the president of the Military Court of Appeal and the registrar thereof; ( l ) committees of inquiry appointed under section 8C; ( m ) boards of inquiry; ( n ) military decorations; ( o ) military funerals and burials at sea; ( p ) military prisons, disciplinary barracks and detention barracks; ( q ) 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; ( r ) the provision, classification, regulation and management of military prisons, disciplinary barracks and detention barracks; ( s ) the classification, treatment, employment, discipline and control of persons serving military sentences of imprisonment, special detention or detention or in military custody; ( t ) 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; ( u ) the appointment, powers and duties of inspectors, visitors and members of the staff of military prisons, disciplinary barracks and detention barracks; ( v ) the establishment, maintenance and application of a fund to be known as the Singapore Armed Forces Central Welfare Fund; ( w ) the appointment, release, discharge and terms and conditions of service of volunteers; ( x ) the exclusion or variation of the operation of the provisions of this Act in relation to non-uniformed servicemen; ( y ) in relation to any rank referred to in any provision of the Act, the designation of a corresponding service grade in the non-uniformed service for the purpose of that provision; and ( z ) all other matters which the Armed Forces Council considers necessary or expedient for the purposes of this Act. [28/2009]


document_id: safa-1972
provision_ref: s205A
chapter: PART 13 - MISCELLANEOUS
section: 205A
title: SAVER and Premium Plans
content:
205A. —(1) The Armed Forces Council may also make regulations for the establishment of 2 savings and employee retirement plans (called in this Act the SAVER Plan and the Premium Plan, respectively) for the payment of — ( a ) any gratuity, allowance, superannuation or other like benefit to such servicemen or classes of servicemen as may be prescribed, or to their legal personal representatives or dependants, on the death or the retirement or resignation from the Singapore Armed Forces of such servicemen; ( b ) any pension, allowance, gratuity, compensation or other benefit in respect of the death of or injuries received by any such servicemen in and which are attributable to service; ( c ) any subsidy, rebate or other benefit in respect of medical services rendered to such servicemen; ( d ) any allowance, subsidy or other benefit to such former servicemen after their retirement from the Singapore Armed Forces; and ( e ) any loan or other benefit to such servicemen or classes of servicemen as may be prescribed. (1A) The regulations made under subsection (1) may provide that any of the following may be determined by the Armed Forces Council in a General Order made under section 208(1): ( a ) the rate of contribution by the Government under the SAVER Plan or the Premium Plan; ( b ) the conditions under which a contribution by the Government is payable under the SAVER Plan or the Premium Plan to the SAVER-Premium Fund; ( c ) the conditions under which a superannuation benefit is payable to a serviceman (including to his or her legal personal representatives or dependants if the serviceman is deceased). [Act 24 of 2022 wef 28/10/2022] (2) The following provisions apply to the SAVER Plan and the Premium Plan established under this section: ( a ) no payments, allowance or other benefit payable under the SAVER Plan or the Premium Plan (whether on death, retirement or resignation of a serviceman or otherwise), and no contribution by the Government made under the SAVER Plan or the Premium Plan and no interest thereon is assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than — (i) a debt due to the Government; or (ii) an order of 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 payment, allowance or other benefit has been granted; ( b ) no contribution by the Government made under the SAVER Plan or the Premium Plan and no interest thereon shall be subject to the debts of a serviceman, nor shall such contributions and interest pass to the Official Assignee on the bankruptcy of the serviceman, but if the serviceman is adjudicated a bankrupt or is declared insolvent by a court of law, such contribution and interest are deemed excluded from the property of the bankrupt for the purposes of the Insolvency, Restructuring and Dissolution Act 2018; and ( c ) subject to the provisions of any regulations made under this section, all moneys paid or payable under the SAVER Plan or the Premium Plan on the death of a serviceman are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased serviceman and are not to be deemed to form part of his or her estate or be subject to the payment of his or her debts but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929. [40/2018] (3) The Armed Forces Council must, in making any regulations under this section, provide — ( a ) for officers who, immediately before 1 January 1998, are eligible for any pension, gratuity or other allowance under any regulations made under section 205 to opt to join the SAVER Plan and for the terms and conditions of that option; ( b ) for soldiers who, immediately before 1 January 2000, are eligible for any pension, gratuity or other allowance under any regulations made under section 205 to opt to join the Premium Plan and for the terms and conditions of that option; and ( c ) that any such officer who opts to join the SAVER Plan or any such soldier who opts to join the Premium Plan, remains eligible to benefits not less in value than the amount of any pension, gratuity or other allowance for which he or she would have been granted under the regulations made under section 205 if he or she retired or ceased contract service on medical grounds not due to causes within his or her control on the date immediately prior to his or her joining the SAVER Plan or the Premium Plan, as the case may be. (4) Any option exercised by any officer before 1 April 1998 to join or not to join the SAVER Plan and any option exercised by any soldier before 31 March 2000 to join or not to join the Premium Plan, is deemed to be exercised in accordance with the regulations made under subsection (3).


document_id: safa-1972
provision_ref: s205B
chapter: PART 13 - MISCELLANEOUS
section: 205B
title: SAVER‑Premium Fund
content:
205B. —(1) A fund called the Savings and Employee Retirement and Premium Fund (called in this Act the SAVER‑Premium Fund) is established, which must be held, managed and administered as a Government fund separate from other Government funds. (2) Except as otherwise provided by section 206(1), all payments and other benefits payable to servicemen under the SAVER Plan or the Premium Plan, and all expenses incurred in the administration of the SAVER Plan or the Premium Plan and the investment of moneys in the SAVER‑Premium Fund shall be charged on and paid out of the SAVER‑Premium Fund, and other moneys must not be withdrawn from the SAVER‑Premium Fund unless authorised to be withdrawn under this Act. [43/2004] (3) There must be paid into the SAVER‑Premium Fund — ( a ) such sums appropriated from time to time from the Consolidated Fund and authorised to be paid in the SAVER‑Premium Fund by any written law to enable the SAVER‑Premium Fund to meet its liabilities; ( b ) all revenues of Singapore allocated by any written law to the SAVER‑Premium Fund; and ( c ) the net income from investments of moneys in the SAVER‑Premium Fund authorised to be made by this Act or any other written law. (4) There must also be paid into the SAVER‑Premium Fund such sum from the Pension Fund established by the Pension Fund Act 1995 as the Minister for Finance may determine as the value of that part of the Pension Fund relating to all those servicemen exercising an option in favour of joining the SAVER Plan or the Premium Plan in accordance with the regulations made under section 205A. (5) The moneys referred to in subsection (3)( a ) and ( b ) and subsection (4) must be paid into the SAVER‑Premium Fund as capital money, and must not be used to meet payments of dividends under the SAVER Plan or the Premium Plan. (6) The income from the investment of capital moneys of the SAVER‑Premium Fund must be paid into an account for the Fund to be called the SAVER‑Premium Income Account. (7) Except as otherwise expressly provided in this Act, the Financial Procedure Act 1966 and the regulations made under that Act apply to the SAVER‑Premium Fund.


document_id: safa-1972
provision_ref: s205C
chapter: PART 13 - MISCELLANEOUS
section: 205C
title: Administration of SAVER-Premium Fund
content:
205C. —(1) The SAVER‑Premium Fund is, subject to the direction and control of the Armed Forces Council, to be managed and administered by a Board of Trustees consisting of not more than 13 members, all of whom must be appointed by the Armed Forces Council. (2) The moneys in the SAVER‑Premium Fund may be invested in — ( a ) any investments authorised under section 7 of the Financial Procedure Act 1966; and ( b ) any other investments that the Board of Trustees thinks fit, not being any stock, bond, fund or security issued by the Government. (3) The Armed Forces Council may authorise the transfer to the Consolidated Fund any moneys in the SAVER‑Premium Fund which, in the opinion of the Minister and the Minister for Finance, are not required to meet the liabilities of the SAVER‑Premium Fund. (4) The Armed Forces Council must cause to be kept proper accounts and records of all transactions and affairs relating to the SAVER‑Premium Fund and must ensure that payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets and receipts of the Fund. (5) The accounts and annual financial statements of the SAVER‑Premium Fund must be audited by the Auditor‑General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor‑General. [17/2004] (6) A person does not qualify for appointment as an auditor under subsection (5) unless the person is a public accountant as defined in the Companies Act 1967. [17/2004] (7) The remuneration of the auditor must be paid out of the SAVER‑Premium Fund. [17/2004] (8) The auditor must submit such periodic and special reports to the Minister as may appear to the auditor to be necessary or as the Minister may require. [17/2004] (9) As soon as the accounts of the SAVER‑Premium Fund and the financial statements have been audited in accordance with this Act, a copy of the audited financial statements, together with a copy of any report made by the auditor, must be submitted to the Minister. [17/2004] (10) Where the Auditor-General is not the auditor of the SAVER‑Premium Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General at the same time they are submitted to the Minister. [17/2004] (11) The Minister must cause a copy of the audited financial statements of the SAVER‑Premium Fund and the auditor’s report to be presented to Parliament. (12) [ Deleted by Act 24 of 2022 wef 28/10/2022 ] (13) The Armed Forces Council may make regulations for the proper control and management of the SAVER‑Premium Fund and, in particular, regulations — ( a ) providing for the appointment of the members of the Board of Trustees, including their tenure and remuneration; ( b ) prescribing the procedure to be followed by the Board of Trustees in the exercise of its functions; and ( c ) relating to the accounting, reporting and auditing of the SAVER‑Premium Fund. [Act 24 of 2022 wef 28/10/2022]


document_id: safa-1972
provision_ref: s205D
chapter: PART 13 - MISCELLANEOUS
section: 205D
title: Military domain experts service
content:
205D. —(1) The Armed Forces Council may, in making any regulations under section 205, provide for the rank of a serviceman to be changed upon his or her transfer from the military domain experts service to any other uniformed service, or vice versa. [28/2009] (2) A change in the rank of a serviceman upon his or her transfer from the military domain experts service to any other uniformed service, or vice versa, is not to be treated as a reduction in the rank of the serviceman. [28/2009] (3) The Armed Forces Council may, in making any regulations under section 205 or 205A, provide for — ( a ) any regular serviceman who opts to transfer to the military domain experts service to opt for the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act 1953; and ( b ) the terms and conditions of that option. [28/2009]


document_id: safa-1972
provision_ref: s206
chapter: PART 13 - MISCELLANEOUS
section: 206
title: Pension Fund
content:
206. —(1) There is charged on and paid out of the Pension Fund established by the Pension Fund Act 1995 — ( a ) all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with any regulations made under section 205; and ( b ) such payments and benefits as may from time to time be payable in accordance with any regulations made under section 205A to servicemen under the SAVER Plan or the Premium Plan — (i) in respect of the death of or injuries received by such servicemen in and which are attributable to service; (ii) in respect of any allowance, subsidy, rebate or other benefit in respect of medical services rendered to such servicemen or to such former servicemen after their retirement from the Singapore Armed Forces; or (iii) in respect of any initial lump-sum contributions to such servicemen. [43/2004] (2) A pension, gratuity or other allowance granted in accordance with any regulations made under section 205 is not 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.


document_id: safa-1972
provision_ref: s206A
chapter: PART 13 - MISCELLANEOUS
section: 206A
title: Pension, etc., not of right
content:
206A. —(1) No serviceman has an absolute right to compensation for past services or to any pension, gratuity, allowance or other benefit under any regulations made under section 205 or 205A, nor does anything in this Act or any regulations made under this Act limit the right of the Armed Forces Council to dismiss any serviceman without compensation. (2) Where it is established to the satisfaction of the Armed Forces Council that a serviceman has been guilty of negligence, irregularity or misconduct, it is lawful for the Armed Forces Council to reduce or altogether withhold the pension, gratuity, allowance or other benefit for which the serviceman would but for this section have become eligible under any regulations made under section 205 or 205A.


document_id: safa-1972
provision_ref: s207
chapter: PART 13 - MISCELLANEOUS
section: 207
title: Regulations to be presented to Parliament
content:
207. All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: safa-1972
provision_ref: s207A
chapter: PART 13 - MISCELLANEOUS
section: 207A
title: Amendment of Second Schedule
content:
207A. —(1) The Armed Forces Council may, by order in the Gazette , amend the Second Schedule. (2) All orders made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [Act 25 of 2023 wef 01/12/2023]


document_id: safa-1972
provision_ref: s208
chapter: PART 13 - MISCELLANEOUS
section: 208
title: General Orders of Ministry of Defence
content:
208. —(1) The Armed Forces Council may make such orders not inconsistent with the provisions of this Act and any regulations made under this Act to be called “General Orders of the Ministry of Defence” as the Council may consider necessary or expedient. (2) Without limiting subsection (1), the Armed Forces Council may make orders relating to — ( a ) conduct and discipline and the regulation and carrying out of punishment; ( b ) classification and promotion; ( c ) instructions and examinations; ( d ) inspection, drill, parades, training and exercises; ( e ) the institution and maintenance of common rooms and canteens; and ( f ) the manner and form of reports, correspondence and other records. (3) General Orders of the Ministry of Defence need not be published in the Gazette .


document_id: sala-1988
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Academy” means the Singapore Academy of Law established under section 3; “advocate and solicitor” means an advocate and solicitor of the Supreme Court but excludes any person admitted ad hoc under section 15 of the Legal Profession Act 1966; “Constitution” means the Constitution of the Republic of Singapore; “foreign lawyer” has the meaning given by the Legal Profession Act 1966; “Institute” means the Singapore Institute of Legal Education established under section 3 of the Legal Profession Act 1966; “Law Society” means the Law Society of Singapore established under section 37 of the Legal Profession Act 1966; “lawyer (NP)” has the meaning given by section 2(1) of the Legal Profession Act 1966; [Act 37 of 2023 wef 17/04/2025] [ Deleted by Act 33 of 2021 wef 14/01/2022 ] “member” includes a Fellow, honorary member, ordinary member and associate member of the Academy; “PD Officer” means — ( a ) the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender appointed under section 3 of the Public Defenders Act 2022; or ( b ) a public defender appointed under section 3(6) of the Public Defenders Act 2022 who is a public officer and a qualified person; [Act 23 of 2022 wef 16/01/2023] “president” means the president of the Academy; “qualified person” has the meaning given by section 2 of the Legal Profession Act 1966; “Senate” means the Senate of the Academy established under section 5; “Supreme Court Judge” includes a Judicial Commissioner; “vice-president” means a vice‑president of the Academy. [20/2007; 20/2009; 8/2011; 42/2014; 40/2019]


document_id: sala-1988
provision_ref: s3
section: 3
title: Establishment of Singapore Academy of Law
content:
3. A body called the Singapore Academy of Law is established, which is a body corporate with perpetual succession and a common seal, with power to sue and be sued in its corporate name and to acquire and dispose of property, both movable and immovable, and to perform any other acts which bodies corporate may by law perform.


document_id: sala-1988
provision_ref: s4
section: 4
title: Functions and powers of Academy
content:
4. —(1) The functions of the Academy are as follows: ( a ) to promote and maintain high standards of conduct and learning of the members of the legal profession in Singapore and the standing of the profession in the region and elsewhere; ( b ) to promote the advancement and dissemination of knowledge of the laws and the legal system; ( c ) to promote legal research and scholarship and the reform and development of the law; ( d ) to provide continuing legal education for its members; ( e ) to provide for the training, education and examination, by the Academy or by any other body, of persons intending to practise the profession of law; ( f ) to consider proposals and suggestions regarding matters which are referred to the Academy by the Law Society or the Institute; ( g ) to refer to the Law Society or the Institute proposals and suggestions regarding matters which in the opinion of the Senate require consideration by the Law Society or the Institute; ( h ) to promote good relations and social interaction among members and between members and law students and persons concerned in the administration of law and justice in Singapore; ( i ) to appoint persons as notaries public or commissioners for oaths and to authenticate their signatures; ( j ) to undertake activities and projects relating to the study, development and operation of laws and legal systems and the facilities, information technology and infrastructure in support thereof; ( k ) to provide consultancy and other services relating to the study, development and operation of laws and legal systems and the facilities, information technology and infrastructure in support thereof; ( l ) to hold moneys, whether as stakeholder or in any other capacity, for the purposes or members of the legal profession in Singapore or under any written law; ( m ) to certify the following aspects of documents executed in or emanating from Singapore for the purposes of their production in another country: (i) the authenticity of the signature on the document; (ii) the capacity in which the person signing the document has acted; (iii) where appropriate, the identity of the seal or stamp that the document bears; ( n ) to exercise the functions and duties conferred on the Academy under any written law. [4/2010; 8/2011; 38/2020] (2) The Academy may for the purpose of performing its functions — ( a ) provide such training and educational facilities for persons practising and intending to practise the profession of law; ( b ) provide training in subjects of study relating to law, the practice of law or the administration of justice; ( c ) appoint trustees of, and to receive, manage and administer, scholarship and other funds; ( d ) establish a library and common rooms for its members; ( e ) grant prizes and scholarships and establish and subsidise lectureships in educational institutions in subjects of study relating to law; ( f ) contribute a collegiate element in the training of students and young lawyers by organising moots, lectures, talks and practical exercises; ( g ) provide facilities for social interaction among its members and between its members and law students; ( h ) purchase or lease any land or building required for any of the purposes of the Academy; ( i ) sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous; ( j ) receive grants from the Government or donations and gifts from the Law Society or any source; ( k ) retain, for the purposes of the Academy, any income derived from the holding of moneys under subsection (1)( l ); ( l ) borrow money, whether by way of bank overdraft or otherwise, for any of the purposes of the Academy that the Senate from time to time considers desirable; ( m ) invest the moneys and funds of the Academy in any shares, funds, securities or investments authorised by the Senate; ( n ) enter into any arrangements, agreements or joint ventures that are necessary for the attainment of its functions; ( o ) form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Academy; ( p ) levy and charge fees; ( q ) exercise any powers conferred on the Academy or the Senate under any written law; and ( r ) do all other things that are incidental or conducive to the attainment of the functions of the Academy. [4/2010]


document_id: sala-1988
provision_ref: s5
section: 5
title: Constitution of Senate
content:
5. —(1) The management of the affairs and of the properties of the Academy is vested in a Senate consisting of — ( a ) the Chief Justice; ( b ) the Supreme Court Judges; ( c ) the Attorney-General; ( d ) every Deputy Attorney‑General; ( e ) the Solicitor-General; ( f ) the president of the Law Society; ( g ) the Dean of the Faculty of Law of the National University of Singapore, the Dean of the School of Law of the Singapore Management University and the Dean of the School of Law of the Singapore University of Social Sciences; and ( h ) 9 other members who are appointed by the Chief Justice after consultation with the Attorney‑General, the president of the Law Society and the Deans appointed under paragraph ( g ). [20/2007; 20/2009; 8/2011; 41/2014; 16/2016; 30/2017; 40/2019] [S 759/2022] (2) A person must not be appointed as a member of the Senate pursuant to subsection (1)( h ) unless he or she is a member of the Academy and a citizen of Singapore. (3) Any person appointed as a member of the Senate pursuant to subsection (1)( h ) holds office for a term of one year and is eligible for re‑appointment on the expiration of his or her term of office. (4) Any person holding office as a nominated member of the Senate immediately before 10 November 1995 is deemed to have been appointed under subsection (3).


document_id: sala-1988
provision_ref: s6
section: 6
title: President and vice-presidents
content:
6. —(1) The Chief Justice is the president of the Academy. (2) The Senate may appoint from among its members any number of vice‑presidents of the Academy as it may think fit. (3) The president may delegate his or her duties to any of the vice‑presidents. (4) The president or in his or her absence any of the vice‑presidents presides at all meetings of the Senate. (5) A vice-president of the Academy who ceases to be a member of the Senate ceases to be vice‑president.


document_id: sala-1988
provision_ref: s7
section: 7
title: Powers of Senate
content:
7. —(1) The Senate may perform all such functions and exercise all such powers of the Academy as it thinks fit. (2) The Senate may on behalf of the Academy accept by way of grant, gift, testamentary disposition or otherwise, property and moneys in aid of the finances of the Academy on any conditions that the Senate may determine.


document_id: sala-1988
provision_ref: s8
section: 8
title: Employment of officers
content:
8. The Academy may employ any number of officers that the Senate considers necessary and the duties and salaries of the officers are to be determined by the Senate.


document_id: sala-1988
provision_ref: s9
section: 9
title: Meetings of Senate
content:
9. —(1) The Senate may meet at such times and places as the Senate or the president may determine. (2) A majority of the members of the Senate constitutes a quorum for any meeting of the Senate. (3) All questions arising at any meeting of the Senate are to be decided by a majority of the votes of the members present. (4) At any meeting of the Senate, the president or in the president’s absence the vice‑president presiding at the meeting has a deliberative vote and has, in the event of an equality of votes, a casting vote. (5) Subject to any rules made under this Act, the Senate may regulate its own procedure and, in particular, the holding of meetings, the notice to be given of meetings, the proceedings at those meetings and the keeping of minutes and the custody, production and inspection of those minutes. (6) The validity of the proceedings of the Senate is not affected by any vacancy among its members or by any irregularity in the appointment of any member.


document_id: sala-1988
provision_ref: s10
section: 10
title: Appointment of committees and boards
content:
10. —(1) The Senate may appoint one or more committees and boards for any general or special purpose which, in the opinion of the Senate, may be better dealt with or managed by a committee or board. (2) The Senate may delegate to any committee or board appointed under subsection (1), with or without restrictions or conditions as the Senate thinks fit, any function or power that may be performed or exercised by the Senate, other than the power to make rules under section 27. (3) The number and term of office of the members of a committee or board appointed under this section, and the number of those members necessary to form a quorum, are to be fixed by the Senate. (4) A committee or board appointed under this section may include persons who are not members of the Academy. (5) Every committee or board appointed under subsection (1) must have among its members at least one person who — ( a ) is a practising advocate and solicitor; ( b ) has, for an aggregate period of 7 years, been one or more of the following: (i) a practising advocate and solicitor; (ii) a Judicial Service Officer; (iii) a Legal Service Officer; and ( c ) is nominated by the Council of the Law Society. [Act 33 of 2021 wef 14/01/2022] (6) Subsection (5) does not apply if one of the members of the committee or board is a member of the Council of the Law Society.


document_id: sala-1988
provision_ref: s11
section: 11
title: Categories and rights of members
content:
11. —(1) The Academy consists of the following categories of members: ( a ) Fellows; ( b ) honorary members; ( c ) ordinary members; ( d ) associate members. (2) Subject to subsection (3), the members of the Academy are entitled to the use of the library and other premises of the Academy subject to the terms and conditions determined by the Senate and to the privileges conferred on them by the Senate. (3) The Senate may restrict the use of the facilities or any part of the premises of the Academy to any category of members. (4) The rights or privileges of any member of the Senate or member of the Academy are not in any way transferable or transmissible, but all such rights and privileges cease upon the member of the Senate or the member of the Academy ceasing to be such member whether by death, retirement or otherwise.


document_id: sala-1988
provision_ref: s12
section: 12
title: Fellows of Academy
content:
12. The Fellows of the Academy consist of — ( a ) the president and vice-presidents of the Academy; ( b ) all other members of the Senate except for those appointed under section 5(1)( h ); ( c ) persons who have since 1 January 1980 held office as Chief Justice, Judge of the Supreme Court, Supreme Court Judge, Attorney‑General, Deputy Attorney‑General or Solicitor‑General for at least 2 years; ( d ) honorary or associate members who are elected by the Senate as Fellows for life or for any period that the Senate in any case considers appropriate; and ( e ) members who have been appointed as Senior Counsel under the Legal Profession Act 1966. [41/2014; 40/2019]


document_id: sala-1988
provision_ref: s13
section: 13
title: Honorary members
content:
13. The Senate may elect as an honorary member of the Academy any person that the Senate thinks fit, either for life or for any period that the Senate in any case considers appropriate.


document_id: sala-1988
provision_ref: s14
section: 14
title: Ordinary members
content:
14. Every person who — ( a ) is admitted as an advocate and solicitor, whether or not he or she has in force a practising certificate issued under section 25 of the Legal Profession Act 1966; ( aa ) is admitted as a lawyer (NP) whether or not he or she has in force a provisional practising certificate issued under section 18 of the Legal Profession Act 1966; [Act 37 of 2023 wef 17/04/2025] ( b ) is a Judicial Service Officer, Legal Service Officer or PD Officer; or [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 16/01/2023] ( c ) being a foreign lawyer — (i) is registered under section 36B or 36D of the Legal Profession Act 1966; or (ii) is granted approval under section 176(1) of the Legal Profession Act 1966, becomes, by virtue of this section and without election, admission or appointment by the Senate, an ordinary member of the Academy unless he or she is disqualified from being a member under section 16 or his or her membership has been terminated under section 18. [20/2009; 8/2011; 40/2014]


document_id: sala-1988
provision_ref: s15
section: 15
title: Associate members
content:
15. The Senate may elect as associate members of the Academy persons who may benefit from, or be able to contribute to, the work of the Academy.


document_id: sala-1988
provision_ref: s16
section: 16
title: Disqualifications for membership of Academy
content:
16. —(1) A person is not qualified to be a member of the Academy or, if he or she is a member, ceases to be a member if — ( a ) he or she has been struck off the roll of advocates and solicitors or roll of lawyers (NP); [Act 37 of 2023 wef 17/04/2025] ( b ) being a Judicial Service Officer, a Legal Service Officer or a PD Officer, he or she has been dismissed from the Singapore Judicial Service, the Singapore Legal Service or the Public Defender’s Office (as the case may be) for misconduct in his or her professional capacity; [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 16/01/2023] ( c ) being a foreign lawyer mentioned in section 14( c ), his or her registration under section 36B or 36D of the Legal Profession Act 1966, or his or her approval under section 176(1) of that Act, is cancelled; ( d ) being a member of the Faculty of Law of the National University of Singapore, the School of Law of the Singapore Management University or the School of Law of the Singapore University of Social Sciences, he or she has been dismissed from the Faculty or School (as the case may be) for misconduct in the discharge of his or her duties; ( e ) he or she has been convicted of an offence involving fraud or dishonesty; ( f ) he or she has a mental disorder and is incapable of managing himself or herself or his or her affairs; ( g ) he or she is an undischarged bankrupt; or ( h ) he or she has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors. [20/2007; 21/2008; 20/2009; 8/2011; 40/2014; 16/2016; 30/2017] (2) Any question whether a person has ceased to be a member is to be determined by the Senate whose decision is final. (3) Where a member of the Academy has been suspended from practising as an advocate and solicitor for any period, his or her membership is deemed to be suspended for the duration of his or her suspension. (3A) Where a member of the Academy is subject to an order prohibiting him or her from applying to the court for admission as an advocate and solicitor until after a date specified in the order, his or her membership is deemed to be suspended until after that date. [Act 37 of 2023 wef 17/04/2025] (4) Where a member being an advocate and solicitor has been struck off the roll of advocates and solicitors, he or she on being reinstated to the roll of advocates and solicitors becomes a member of the Academy. [Act 37 of 2023 wef 17/04/2025] (4A) Where a member being a lawyer (NP) has been struck off the roll of lawyers (NP), he or she on being reinstated to the roll of lawyers (NP) becomes a member of the Academy. [Act 37 of 2023 wef 17/04/2025] (5) Subsection (4) does not affect the right of the Senate to terminate the membership of any such member pursuant to section 18. (6) In this section, “roll of advocates and solicitors” and “roll of lawyers (NP)” have the meanings given by section 2(1) of the Legal Profession Act 1966. [Act 37 of 2023 wef 17/04/2025]


document_id: sala-1988
provision_ref: s17
section: 17
title: Annual subscriptions payable by members
content:
17. —(1) Every member must pay to the Academy an annual subscription of an amount determined by the Senate which becomes due and payable on the day appointed by the Senate. (2) In fixing the amount of annual subscription, the Senate is at liberty — ( a ) to divide members of each category into classes; ( b ) to provide that different amounts are to be paid by different classes and extend over different periods; and ( c ) generally to regulate, and to vary from time to time, the subscriptions payable by members or different classes of members as the Senate thinks fit. (3) If any member fails to pay his or her annual subscription within 30 days of the subscription becoming due, he or she must pay interest (if any) at the rate determined by the Senate. (4) The Senate may waive the subscription payable by any member of the Academy.


document_id: sala-1988
provision_ref: s18
section: 18
title: Termination of membership
content:
18. —(1) The Senate may by resolution terminate the membership of a member if he or she has been guilty of conduct which in the opinion of the Senate renders him or her unfit to be a member or would bring the Academy into disrepute. (2) A member’s membership must not be terminated unless the member concerned has been given an opportunity to give an explanation in writing as to why his or her membership should not be terminated under subsection (1).


document_id: sala-1988
provision_ref: s19
section: 19
title: Proper accounts to be kept
content:
19. The Senate must cause proper books of accounts to be kept with respect to — ( a ) all sums of moneys received and expended by the Academy and the matters in respect of which the receipt and expenditure take place; and ( b ) all property acquired by the Academy.


document_id: sala-1988
provision_ref: s20
section: 20
title: Financial statements
content:
20. The Senate must from time to time cause to be prepared financial statements that will give a true and fair view of the income and expenditure of the Academy and its assets and liabilities.


document_id: sala-1988
provision_ref: s21
section: 21
title: Financial statements to be available for members’ inspection
content:
21. —(1) The financial statements and the auditor’s report on the financial statements must, as soon as practicable after they have been prepared, be made available for inspection by all members at such time and place as the Senate may determine. [26/2001] (2) Copies of — ( a ) the financial statements and the auditor’s report on the financial statements; or ( b ) a summary financial statement derived from the financial statements, the auditor’s report on the financial statements and a statement by the auditor as to whether the summary financial statement is consistent with the financial statements and the auditor’s report on the financial statements, must be circulated to all members other than those falling within classes of members prescribed under subsection (3)( a ). [26/2001] (3) The Senate may make rules — ( a ) to provide that copies of the documents referred to in subsection (2) need not be circulated to specified classes of members; ( b ) to prescribe the conditions which must be satisfied before copies of the documents referred to in subsection (2)( b ) may be circulated to members; and ( c ) to prescribe the information which the summary financial statement must contain. [26/2001]


document_id: sala-1988
provision_ref: s22
section: 22
title: Appointment and powers of Academy’s auditor
content:
22. —(1) The accounts of the Academy must be audited by an auditor appointed annually by the Senate. (2) A person must not be appointed as an auditor of the Academy unless the person is a public accountant within the meaning of the Companies Act 1967. (3) The Academy’s auditor must report — ( a ) whether the financial statements show fairly the financial transactions and the state of affairs of the Academy; and ( b ) on any other matters arising from the audit that the auditor considers necessary. (4) The Academy’s auditor must state in the auditor’s report whether — ( a ) proper accounting and other records have been kept; ( b ) the financial statements are prepared on a basis similar to that adopted for the preceding year; and ( c ) the financial statements are in agreement with the accounting and other records. (5) The Academy’s auditor or a person authorised by the auditor is entitled to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Academy and may make copies of, or extracts from, any such accounting and other records. (6) The Academy’s auditor or a person authorised by the auditor may require any person to provide the auditor with any information which that person possesses or has access to that the auditor or duly authorised person considers necessary for the purposes of the functions of the auditor under this Act. (7) An officer of the Academy who refuses or fails, without any reasonable cause, to allow the Academy’s auditor access to any accounting and other records of the Academy in the officer’s custody or power or to give any information possessed by the officer as and when required or who otherwise hinders, obstructs or delays the Academy’s auditor in the performance of his or her duties or the exercise of his or her powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.


document_id: sala-1988
provision_ref: s23
section: 23
title: Income of Academy to be exempt from tax, etc.
content:
23. The Academy is deemed to be an institution specified in the First Schedule to, and under section 13(1)( e ) of, the Income Tax Act 1947. [4/2010]


document_id: sala-1988
provision_ref: s24
section: 24
title: Common seal
content:
24. —(1) The common seal of the Academy may be broken, changed, altered and made anew as the Senate thinks fit. (2) All deeds, documents and other instruments requiring the seal of the Academy must be sealed with the common seal of the Academy. (3) Every instrument to which the common seal is affixed must be signed by a member and must be countersigned by any 2 members of the Senate duly authorised by the Senate for that purpose, and such signing is sufficient evidence that the seal was duly and properly affixed and that the seal is the lawful seal of the Academy. (4) The Senate may, by resolution or otherwise, appoint an officer of the Academy or any other agent, either generally or in a particular case, to execute or sign on behalf of the Academy any agreement or other instrument not under seal in relation to any matter coming within the powers of the Academy. (5) Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under subsection (2).


document_id: sala-1988
provision_ref: s25
section: 25
title: Recovery of subscriptions, moneys due and full costs
content:
25. The Senate may recover any subscription or other moneys due and payable to the Academy and any interest thereon as a debt due to the Academy and the Academy is entitled to the payment of its full costs as between solicitor and client.


document_id: sala-1988
provision_ref: s26
section: 26
title: No action can be maintained by members against Academy
content:
26. —(1) No action shall be maintained against the Academy and the members of the Senate by an advocate and solicitor, lawyer (NP), member, qualified person or eligible person in respect of any act done by the members of the Senate in their official capacity. [Act 37 of 2023 wef 17/04/2025] (2) In this section, “eligible person” has the meaning given by section 2(1) of the Legal Profession Act 1966. [Act 37 of 2023 wef 17/04/2025]


document_id: sala-1988
provision_ref: s27
section: 27
title: Power to make rules
content:
27. —(1) The Senate may make any rules that it considers necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act. (2) Rules made under this Act may make different provisions for different classes of persons and different circumstances.


document_id: samho-1934
provision_ref: s2
section: 2
title: Incorporation and rights on incorporation
content:
2. The persons constituting the present Committee of Management of St. Andrew’s Mission Hospital and the persons who for the time being are members of the Board of Management hereinafter constituted and the persons and firms whose names are with their consent inscribed in the register of members mentioned in section 8 hereof shall forever hereafter be one body corporate and politic by the name of Saint Andrew’s Mission Hospital (hereinafter called “the Corporation”) and by the same name shall have perpetual succession and a common seal with power to break, alter and make anew the said seal from time to time at their will and pleasure and by the same name shall and may sue and be sued in all Courts and in all manner of actions and suits and shall have power to do all other matters and things incidental or appertaining to a body corporate.


document_id: samho-1934
provision_ref: s3
section: 3
title: Powers
content:
3. The Corporation may acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description and, subject as hereinafter provided, may sell, convey, assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable or immovable property vested in the Corporation upon such terms as to the Corporation may seem fit.


document_id: samho-1934
provision_ref: s4
section: 4
title: Vesting of property
content:
4. The said piece of land (being Lot 132 5 T.S. III) demised to the Trustees by the said indenture together with the buildings erected thereon (which land and buildings are hereinafter called “the Hospital”) are hereby vested in the Corporation for the residue of the term of 999 years now subsisting therein for the purposes of this Ordinance freed from the trusts declared in the said indenture but subject to the terms and conditions therein contained and all chattels, moneys, bonds, securities and property belonging to Saint Andrew’s Mission Hospital or any trustees on its behalf are hereby vested in the Corporation but as to the bonds or securities specified in the First Schedule hereto upon and for the trusts and purpose more particularly specified in the First Schedule hereto. OBJECTS


document_id: samho-1934
provision_ref: s5
section: 5
title: Objects and purposes
content:
5. The objects and general purposes for which the Corporation is established and incorporated are — ( a ) to take over the property vested in the Corporation by section 4 hereof and to carry on and maintain the Hospital with all necessary furniture and other equipment as a Christian mission hospital and dispensary for the treatment as in-patients or out-patients of women and children suffering from disease or accident without distinction of race, language or creed; ( b ) to instruct women in the proper care of their children; ( c ) to train Asiatic girls to nurse women and children; ( d ) to offer to those who desire it a knowledge of Christianity; ( e ) to employ medical, surgical and pharmaceutical officers, nurses and attendants for the purposes aforesaid, and to provide and supply all such medical, surgical, and pharmaceutical appliances and things, and all such provisions and necessaries as may be required for the purposes aforesaid or any of them; ( f ) to solicit and accept and receive subscriptions, donations, devises and bequests (whether of immovable or movable property and whether absolute or conditional) for the general purposes of the Corporation or for any special purpose of the Corporation or subject to any trust; ( g ) to purchase or otherwise acquire land for any estate or interest and to erect buildings and maintain, alter and improve the same (including the Hospital) and to provide the same with light, water, drainage and other necessities; ( h ) to raise money for any of the above purposes or other purposes of the Corporation by mortgaging or charging all or any of the property of the Corporation (other than the Hospital) with capital sums or with terminable annuities for lives or years; ( i ) to hold, control and administer the moneys, funds, securities and property movable and immovable hereby vested in the Corporation or hereafter given to or in any manner acquired by or being in the custody or control of the Corporation and the income thereof, in accordance with the trusts or for the purposes affecting the same respectively, or in the absence of any special trust or purpose, for the general purposes of the Corporation and in particular to invest any money for the time being requiring investment in any investment authorised by law for trust funds or in the purchase of immovable property; ( j ) to do all such other lawful things as are incidental or conducive to the attainment of the above objects.


document_id: samho-1934
provision_ref: s6
section: 6
title: Application of income
content:
6. The income of the Corporation shall be applied solely towards the promotion of the objects of the Corporation as set forth in this Ordinance, and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profits to the members of the Corporation: Provided that nothing herein contained shall prevent the payment in good faith of remuneration to any officers or servants of the Corporation or to any member thereof in return for services actually rendered to the Corporation or the payment of interest upon money borrowed from any member of the Corporation, or the payment to the donor of any money or securities or his or her nominee or nominees of any annuity by way of annual interest guaranteed by the Corporation on the amount of such gift during a period not exceeding the life of the donor or such nominee or nominees.


document_id: samho-1934
provision_ref: s7
section: 7
title: Membership
content:
7. —(1) The persons who are for the time being members of the Board of Management hereinafter constituted shall be members of the Corporation and in addition the Board of Management may appoint, with their consent, 3 classes of members of the Corporation namely — ( a ) permanent members; ( b ) ordinary members; and ( c ) honorary members. Permanent members (2) The persons named in the Register of Subscribers abovementioned, and every person who shall have subscribed in the aggregate the sum of $500, including subscriptions made to the Building Committee or the Committee of Management shall be entitled to be members for life or in the case of a firm or corporation till the dissolution of such firm or corporation and shall be called permanent members. Ordinary members (3) Every person who in any calendar year shall have subscribed the sum of $12 (twelve dollars) shall be entitled to be a member for the residue of that year, and the next following year and shall be called an ordinary member. Honorary members (4) A person may be elected an honorary member by the Board of Management hereinafter constituted in recognition of signal services to the Hospital and shall be a member for life or until he retires.


document_id: samho-1934
provision_ref: s8
section: 8
title: Register of members
content:
8. —(1) A register of members of the Corporation shall be kept in which shall be inscribed the names of all persons and firms who are qualified and consent to become members of the Corporation. Retirement of any member (2) Any member who shall desire to retire shall signify such desire in writing to the Secretary and thereupon his name shall be removed from the register of members.


document_id: samho-1934
provision_ref: s9
section: 9
title: Right of membership
content:
9. The right of membership is not transferable or transmissible and shall cease upon a member ceasing to be a member by death or otherwise.


document_id: samho-1934
provision_ref: s10
section: 10
title: Founder
content:
10. Mrs. Charlotte Elizabeth Ferguson-Davie, O.B.E., M.D., who was the founder of the Hospital shall be called the Founder.


document_id: samho-1934
provision_ref: s11
section: 11
title: Patrons
content:
11. Lady Ella Guillemard who since the year 1927 has been a Patron of the Hospital shall be a Patron and other Patrons may be elected from time to time by the Board of Management hereinafter constituted.


document_id: samho-1934
provision_ref: s12
section: 12
title: President and Vice-President
content:
12. The Bishop of Singapore for the time being shall be President of the Corporation and he may from time to time appoint and remove a Vice‑President.


document_id: samho-1934
provision_ref: s13
section: 13
title: Treasurer
content:
13. There shall be a Treasurer of the Corporation who may be an honorary or salaried officer. The first Treasurer shall be Richard Vivian Welch and future Treasurers shall be appointed by the Board. The Treasurer may at any time be removed by the Board and he shall perform such functions as shall be assigned to him by the Board.


document_id: samho-1934
provision_ref: s14
section: 14
title: Subscriptions, donations and legacies
content:
14. The Treasurer shall receive subscriptions, donations and legacies to or for the benefit of the Hospital and shall issue receipts for the same.


document_id: samho-1934
provision_ref: s15
section: 15
title: Name and address of Treasurer
content:
15. The name and address of the Treasurer shall be published in the Gazette as soon as possible after his appointment.


document_id: samho-1934
provision_ref: s16
section: 16
title: Auditor
content:
16. There shall be an auditor or auditors of the Corporation. The first auditors shall be Rennie Lowick & Company who shall hold office until the annual meeting to be held in the year 1935. Future auditors shall be appointed with their consent either at a salary or not by the members of the Corporation at the annual meeting in each year and shall hold office for one year. A retiring auditor may be re‑elected, and if a vacancy occurs in the office of auditor between 2 annual meetings a person shall be appointed by the Board to fill the post during the remainder of the year.


document_id: samho-1934
provision_ref: s17
section: 17
title: Chaplain
content:
17. There shall be a Chaplain of the Hospital who shall be a clergyman of the Church of England and in priests’ orders and shall be appointed by the Bishop of Singapore and shall perform such religious services and other duties as shall be authorised or directed by the Bishop of Singapore.


document_id: samho-1934
provision_ref: s18
section: 18
title: Management and Board of Management
content:
18. The management of the Corporation and of the property and affairs thereof shall be vested in a Board of Management (hereinafter called “the Board”) consisting of the President, the Vice‑President, the Treasurer, 8 nominated members, 2 professional members and at least 7 but not more than 15 elective members.


document_id: samho-1934
provision_ref: s19
section: 19
title: Nominated members
content:
19. The nominated members shall be appointed in accordance with the rules in force under this Ordinance, 2 by the Society for the Propagation of the Gospel, 2 by the Singapore Diocesan Association, 2 by the Parochial Church Council of St. Andrew’s Cathedral, one by the Presbyterian Church and one by the Methodist Episcopal Church, and a nominated member shall hold office until his death, resignation or the revocation of his appointment in accordance with the rules.


document_id: samho-1934
provision_ref: s20
section: 20
title: Original nominated members
content:
20. The following persons shall be the first nominated members, the Reverend Richard Richards and Mrs. Ursula Howard Ker, appointed by the Society for the Propagation of the Gospel, Frank Henry Geake and Gordon Alan Potts by the Singapore Diocesan Association, the Venerable Graham White and Newnham Arthur Worley by the Parochial Church Council of St. Andrew’s Cathedral, the Reverend Stephen Band by the Presbyterian Church, the Reverend Raymond Leroy Archer by the Methodist Episcopal Church.


document_id: samho-1934
provision_ref: s21
section: 21
title: Professional members
content:
21. The professional members of the Board shall be annually elected by the other members of the Board from the Honorary Consultants of the Hospital at the first meeting of the Board after the annual general meeting. Dr. Joseph Sandys English and Dr. John Smith Sloper shall be the first professional members.


document_id: samho-1934
provision_ref: s22
section: 22
title: Elective members
content:
22. The elective members of the Board shall be elected at the annual general meeting of the Corporation from amongst the members of the Corporation but no person shall be eligible for election whilst holding any salaried office under the Corporation. The first elective members of the Board shall be Mrs. Bridget Catherine Handy, Lim Kee Cheok, Christopher Gervase Windle, Lim Teck Kim, Charles Valentine Miles, Dr. Wee Hiap Tock, Miss Alice Florence King, Gordon Henry Bowen, Mrs. Gertrude Lee, Dr. Brian Maurice Johns, Dr. Lim Eng Hae, Mrs. Robina Menzies Thompson, Mrs. Edith Loveridge, Lim Bock Kee and Mrs. Dorothy Mary Roberts.


document_id: samho-1934
provision_ref: s23
section: 23
title: Tenure of office of elective members
content:
23. All elective members of the Board shall hold office till their successors are appointed at the annual general meeting and shall be eligible for re‑election.


document_id: samho-1934
provision_ref: s24
section: 24
title: Casual vacancies
content:
24. Casual vacancies among the elective and professional members of the Board may be filled by the Board.


document_id: samho-1934
provision_ref: s25
section: 25
title: Medical officers and nursing sisters
content:
25. The medical officers and nursing sisters required for service in the Hospital shall from time to time be appointed by the Bishop from missionary workers selected or approved by the Society for the Propagation of the Gospel and may from time to time be removed by him, and all matters relating to their conditions of service and emoluments shall be determined by the Bishop. They shall nevertheless be subject for the period of their appointment to any general regulations made by the Board for the conduct of the professional duties of the hospital staff: Provided always that the Board may, whenever necessary, with the approval of the Bishop appoint any medical officer or nursing sister to act temporarily until such time as some missionary worker selected or approved by the said Society is available, or with the consent of the said Society may engage any person approved by the Bishop as medical officer or nursing sister for a definite period: Provided that nothing in this Ordinance shall be deemed to exempt any person from the provisions of any Ordinance relating to the registration of medical practitioners, dentists or pharmacists.


