Singapore Armed Forces Act 1972

Singapore Armed Forces
Act 1972

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for the raising, maintenance and discipline of the Singapore Armed Forces and for matters connected therewith.

[15 June 1972: Except sections 191 and 192]

PART 1

PRELIMINARY

Short title and commencement

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.

Interpretation

2.—(1)  In this Act, unless the context otherwise requires —

“aircraft” means any machine for flying whether propelled by mechanical means or not and includes any description of balloon;

“Armed Forces Council” means the Armed Forces Council established under section 8;

“arms” includes parts and accessories of arms, ammunition, explosives whether encased or not and instruments used as aids to operation or adjustment of arms, whether the arms are serviceable or not;

“arrest” includes open arrest;

“before the enemy”, in relation to a person, means that 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.

Application

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.

Liability for military offences

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]

Jurisdiction of civil courts

6.  This Act does not affect the jurisdiction of civil courts to try a person subject to military law for any civil offence.

PART 2

ORGANISATION OF SINGAPORE ARMED FORCES

Establishment and organisation of Singapore Armed Forces

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.

Establishment of Armed Forces Council

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.

Armed Forces Council to provide for certain matters

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.

Quorum

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.

Committees appointed by Armed Forces Council

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).

Style, seal and proceedings of Armed Forces Council

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.

Appointment of officers

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.

Appointment of Chief of Defence Force and Service Chiefs

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]

Appointment of warrant officers

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).

Appointment of senior military experts

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]