(b) with a view to obtaining payment from the receives, detains or has in his possession any official docu- (2) Any person who has in his possession without lawful authority or excuse (the proof whereof shall lie on him) any such document as aforesaid or any official document issued in connection with the mobilization or demobilization of the Force or any member thereof shall be guilty of an offence. (3) Any person guilty of an offence against subsection (1) or (2) shall be liable on summary conviction to a fine of five hundred dollars and to imprisonment for six months. (4) For the purposes of this section a document shall be deemed to be in the possession of a person if he has it under his control and whether he has it for his own use or benefit or for the use or benefit of an other. 154. (1) The following provisions shall have effect with respect to evidence in proceedings under this Act whether before a court-martial, a civil court or otherwise. (2) A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested. (3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given. (4) A letter, return or other document stating that any person (a) was or was not serving at any specified time General provisions as to evidence. L Proof of outcome of civil trial. (b) held or did not hold at any specified time any specified rank or appointment in the Force, or had at or before any specified time been attached, posted or transferred thereto, or at any specified time or during any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place, shall, if purporting to be issued by or on behalf of the commanding officer, be evidence of the matters stated in the document. (5) A record made in any service book or other document being a record made in pursuance of this Act, or otherwise in pursuance of military duty, and purporting to be signed by the commanding officer or by a person whose duty it was to make the record shall be evidence of the facts stated therein; and a copy of a record (including the signature thereto) in any such book or other document as aforesaid, purporting to be certifed to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record. (6) A document purporting to be issued by order of the Governor or the Commander and to contain instructions or orders given or made by the Governor, or, as the case may be, the Commander, shall be evidence of the giving of instructions or making of the orders and of their contents. (7) A certificate purporting to be signed by a person's commanding officer or any officer authorised by him to give the ceritficate, and stating the contents of, or any part of, standing orders or other routine orders of a continuing nature made for any information or unit or body of troops or any command or other area, garrison or place, shall in proceedings against the said person be evidence of the matters stated in the certificate. 155. (1) Where a person subject to military law has been tried before a civil court (whether at the time of the trial he was so subject or not a certificate signed by an officer of the court and stating all or any of the following matters (a) that the said person has been tried before the court for an offence specified in the cetificate; (b) the result of the trial; (c) what judgement or order was given or made by the court, shall for the purposes of this Act be evidence of the matters stated in the certificate. (2) A document purporting to be a certificate under this section and to be signed by a Judge or Registrar of the High Court or the Magistrate or clerk of the Magistrate's Court, shall, unless the contrary is shown, be deemed to be such a certificate. 156. (1) The original proceedings of a court-martial purporting to be signed by the president of the court and being in the custody of any person having the lawful custody thereof shall be admissible in evidence on production from that custody. (2) A document purporting to be a copy of the original proceedings of a court-martial or any part thereof and to be certified by the person having the lawful custody of the proceedings to be a true copy shall be evidence of the contents of the proceedings or the part to which the document relates, as the case may be. (3) This section applies to evidence given in the court, whether in civil or criminal proceedings. 157. Where a person is in military custody when charged with or with a view to his being charged with, an offence against Part V it shall be the duty of the superintendent or other person in charge of a civil prison or of the person having charge of any police station or other place in which prisoners may be lawfully detained, upon delivery to him of a written order purporting to be signed by the commanding officer of the person in custody to receive him into his custody for a period not exceeding seven days. 158. (1) Every assignment of or charge on, and every agreement to assign or charge, any pay, award, grant, pension or allowance payable to any person in respect of his or any other person's service in the Forces shall be void. (2) Save as expressly provided by this Act, no order shall be made by any court the effect of which would be to restrain any person from receiving anything which by virtue of this section he is precluded from assigning and to direct payment thereof to another person. (3) Nothing in this section shall prejudice any law providing for the payment of any sum to a bankrupt's trustee in bankruptcy for distribution among creditors. PART X APPLICATION OF THE ACT AND SUPPLE- 159. (1) The following persons are subject to military law (a) officers and soldiers of the regular force; Evidence of proceedings of courtmartial. Temporary reception in civil custody of persons under escort. Avoidance of assignment of, or charge on military pay, pensions, etc. Persons subject to military law Power to make regulations. Power to make (b) officers and soldiers attached to the Force or any part thereof; (c) officers of the volunteer element; (d) soldiers of the volunteer element when called out on permanent service or temporary service or when undergoing or performing any training or other duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the volunteer element; (e) members of the reserve when called out on permanent service. (2) This Act shall apply to persons subject thereto under the provisions of this section and in relation to the Force outside as well as within the State. 160. (1) Subject to the foregoing provisions of this Act, the Governor after consultation with the Council may make regulations for the better carrying out of the provisions of this Act and generally for the good government and organisation of the Force and without prejudice to the generality of the foregoing such regulations may make provisions with respect to all or any of the following matters, that is to say (a) the pay allowances, pensions, and gratuities of members of the Force and of their dependants surviving them, and the deductions therefrom and the forfeiture thereof; (b) the description, supply, use and disposal of accoutrement, clothing and other arms, stores; (c) the calling out of members of the volunteer element: (i) for training including the manner in which notification of the places and times appointed for training is to be given; (ii) on temporary service; and (iii) on permanent service; (d) the calling out of members of the reserve on permanent service including the manner in which notification of the places and for reporting on such call out. 161. (1) The Governor may make regulations providing regulations relat- for the calling out of men for national service. ing to national service. (2) The regulaions shall provide for: (i) the age and numbers of the persons (ii) the form of notice paper to be used; (iii) the place at which the persons called (iv) any other matters which may be (3) Where a man has been called out for national service he shall be deemed to have been called out with effect from the date of his reporting; or the date specified in the notice paper requiring him to report whichever is the earlier. (4) A notice paper requiring a man to report may be served either by it being delivered to him personally; being left at his last known address or being sent by registered post addressed to him at his last known address. (5) A man who has been called out shall be deemed to be subject to military law under the provisions of section 159 (1) (a) as from the date of reporting or the date on which he should have reported. (6) If the period of service of a man called out under the provisions of the regulations made under this section expires during the time that members of the volunteer element have been called out on permanent service under the provisions of section 119 he shall be deemed to remain in the service until his services are no longer required: (7) The provisions of section 124 shall apply mutatis mutandi to a man who fails to report in accordance with the instructions contained in the notice paper. 162. Save as expressly provided by any regulations, any order, determination, direction or appointment required or authorised to be made under this Act by any military officer or authority may be signified under the hand of any officer authorised in that behalf, and any instrument signifying such an order, determination, direction or appointment and purporting to be signed by an officer stated therein to be so authorised shall unless the contrary is proved be deemed to be signed by an officer so authorised. Execution of orders instruments, etc. 163. The Defence Force Ordinance shall be repealed Repeals. from such day as the Governor may by proclamation Cap. 181. declare: |