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Fiji Legislation |
LAWS OF FIJI
Revised Ed. 1985]
CHAPTER 81
ROYAL FIJI MILITARY FORCES
TABLE OF PROVISIONS
PART I-PRELIMINARY
SECTION
1.
Short title
2.
Interpretation
PART II-CONSTITUTION AND ORGANIZATION
3. Establishment and
function of the Forces
4. Composition
of Forces
5. Appointment and promotion
of officers
6. Appointment of warrant
officers
7. Qualification as officer
or soldier of the Forces
8. Period of
enlistment
9. Reserve and Special
Reserve
10. Transfer between
units
11.
Saving
12.
Service
13. Persons empowered to
enlist soldiers
14.
Uniforms
15. Training for Territorial
Force, Reserve of Officers and
Reserve
16. Power to
disband
17. Power to terminate service
of officers and soldiers
PART III-CADETS
18. Cadet
Units
19. Cadets' liability for
training
PART IV-LIABILITY FOR CONTINUOUS SERVICE
20. Calling out for
continuous service
21. Applicability
of section 20 to Territorial
officers
22. Not entitled to discharge
when on continuous service or on active service
PART V-DISCIPLINE, INQUIRIES AND COURTS MARTIAL
23. Application of Army
Act
24. Power of Board of Inquiry to
call witnesses
25. Courts
martial
26. Witnesses before Boards of
Inquiry, Regimental Inquiry or courts
martial
27. Saving of jurisdiction of
the courts
28. Execution of sentence
of imprisonment
29. Provision for
arrest and punishment of military offender who ceases to be subject to the Army
Act
PART VI-APPEALS FROM COURTS MARTIAL
30. Right of
appeal
31. Application for leave to
appeal
32. Determination of appeals in
ordinary cases
33. Powers of the Court
of Appeal in special cases
34.
Supplementary powers of Court of
Appeal
35. Proceedings to be heard in
absence of appellant
36. Defence of
appeals
37. Right of appellant to
present his case in writing
38.
Suspension of death sentences
39.
Removal of prisoners for purposes of
proceedings
40. Furnishing, on appeal,
of documents relating to trial
41.
Saving of Governor-General's powers
PART VII-PAY, PENSIONS AND GRATUITIES
42.
(Repealed)
43.
(Repealed)
44.
(Repealed)
45.
(Repealed)
46.
(Repealed)
47.
(Repealed)
48.
(Repealed)
49. Regular officer on
Active List deemed holder of pensionable
post
50. Provisions for retired pay,
pensions, etc., not to apply in respect of person seconded
PART VIII-LEGAL PROCEEDINGS AND OFFENCES
51. Appearance of
Commander
52. Immunities of
soldiers
53. Service of civil
process
54. Property of Forces: in
whom vested
55. Offences in relation
to Territorial and Reserve
training
56. Assaulting or resisting
an officer or soldier of the
Forces
57. Obstructing or molesting
soldier of the Forces
58. Wilful
injury to butts or targets
59.
Wrongful detention or disposal of arms, appointments or
stores
60. Employers not to prevent
employees from serving
61. General
penalty
PART IX-MISCELLANEOUS
62. Storage of
gunpowder
63. Payment of moneys by
Chief Accountant
64. Disposal of
fines
65. Secondment to the
Forces
66. Standing
Orders
67. Regulations
------------------------------------------------------
ROYAL FIJI MILITARY FORCES
Ordinances
Nos. 12 of 1949, 6 of 1952, 14 of
1953,
25 of 1956,
56 of 1961, 46 of 1962, 2 of
1966,
Order 7th
Oct. 1970 Acts Nos. 20 of 1973, 17 of 1983
AN ACT
TO PROVIDE FOR THE ESTABLISHMENT, MAINTENANCE AND REGULATION OF MILITARY FORCES
AND FOR PURPOSES INCIDENTAL THERETO
[1 September 1949.]
PART I-PRELIMINARY
Short title
1. This Act may be cited
as the Royal Fiji Military Forces Act.
Interpretation
2. In this Act, unless the
context otherwise requires-
"Army Act" means the Army Act, 1955 of the United Kingdom and includes all Acts amending, replacing or read in conjunction with the same and all rules, regulations and Articles of War made thereunder;
"Commander" means the Commander of the Forces appointed under this Act;
"continuous service" in relation to any officer or soldier of the Territorial Force, Reserve of Officers or Reserve means service by such officer or soldier when ordered for service by the Governor-General under the provisions of section 20;
"Court of Appeal" means the Court of Appeal constituted under the provisions of the Court of Appeal Act;
(Cap. 12.) (Inserted by 2 of 1966; s. 2.)
"military service" means all service in the Royal Fiji Military Forces and includes territorial training;
"officer" means any commissioned officer appointed by the Governor-General or Commander to the Forces;
"officer on the active list" means an officer during such time as he is not posted to the Reserve of Officers or the Retired List;
"Regular officer" means an officer who is, and during such time as he is, appointed to the Regular Force;
"soldier" means any warrant officer, non-commissioned officer or man enlisted in or belonging to the Forces;
"Territorial officer" means an officer who is, and during such time as he is, appointed to the Territorial Force.
(Section amended by 56 of 1961, s. 2.)
PART II-CONSTITUTION AND ORGANIZATION
Establishment and function of the Forces
3.-(1)
There shall be established in Fiji forces to be known as the Royal Fiji Military
Forces (hereinafter called the
Forces).
(2) The Forces shall be
charged with the defence of Fiji, with the maintenance of order and with such
other duties as may from time
to time be defined by the
Minister.
(3) The Forces shall be
under the supreme command of the Governor-General and, through the Minister,
under the command of the Commander
who shall be appointed by the
Governor-General upon the advice of the Minister and who shall be responsible to
the Minister for the
proper expenditure of all public moneys appropriated for
the service
thereof.
(Substituted
by Order 7th October,
1970.)
(4)
The Minister may at any time and for any of the purposes set out in subsection
(2) order that the Forces or any part thereof shall
be employed out of
Fiji:
Provided that no officer or
soldier of the Forces shall be liable to serve or proceed on duty without his
consent out of
Fiji.
(Section
amended by 56 of 1961, s.
3.)
Composition of Forces
4.-(1)
The Forces shall comprise a Regular Force, a Territorial Force, a Reserve of
Officers and a Reserve.
(2) The
Regular Force shall consist of officers appointed thereto and soldiers enlisted
therein in accordance with the provisions
of this
Act.
(3) The Territorial Force
shall consist of officers appointed thereto and soldiers enlisted therein in
accordance with the provisions
of this
Act.
(4) The Reserve of Officers
shall consist of officers posted thereto in accordance with the provisions of
this Act.
(5) The Reserve shall
consist of soldiers transferred from the Regular and Territorial Force in
accordance with the provisions of
this
Act.
(6) The Minister may from
time to time divide the Regular and Territorial Forces into such units as he may
determine. Any unit may
be composed wholly of officers and soldiers of either
the Regular or Territorial Forces or partly of officers or soldiers of the
Regular Force and partly of officers or soldiers of the Territorial Force as may
be prescribed.
(7) Every unit
shall be designated by such style as the Governor-General shall
direct.
(Section
amended by 56 of 1961, s. 3 and Order 7th October,
1970)
Appointment and promotion of officers
5.-(1)
Officers shall be appointed by the Governor-General upon the recommendation of
the Minister either to the Regular or to the Territorial
Force and shall, when
not already commissioned in Her Majesty's Forces, be commissioned by the
Governor-General. No such commission
shall be deemed to be vacated by the death
or retirement of the Governor-General by whom the commission was
granted.
(2) An officer appointed
to the Regular Force shall be appointed either-
(a) as liable to serve on the Active List therein until he reaches retiring age for his rank in accordance with regulations made under this Act and in such case shall be termed the holder of a long service Regular commission; or
(b) as liable to serve on the Active List therein for such number of years, not exceeding ten, specified at the time of such appointment and in such case shall be termed the holder of a short service Regular commission.
(3)
A Regular or Territorial officer may be posted to the Reserve of Officers or may
be placed on a list to be known as the Retired
List, in accordance with
regulations made under this Act and such regulations may provide for the posting
of an officer from the
Reserve of Officers back to the Active
List.
(4) An officer on the
Retired List shall not be liable save with his consent, to be posted to service
on the Active List.
(5) The
appointment of an officer to the Regular or Territorial Force shall not cease by
reason of posting to the Reserve of Officers
or the Retired List but regulations
made under this Act may provide for the voluntary transfer of officers from the
Regular to the
Territorial Force and vice
versa.
(6) An officer commissioned
by the Governor-General shall hold his commission during the Governor-General's
pleasure.
(7) Promotion of
officers to the rank of Major and to any higher rank shall be by the Minister
after consultation with the
Commander.
(8) Promotion of
officers to ranks up to and including Captain shall be by the
Commander.
(Section
inserted by 56 of 1961, s. 4, and amended by Order 7th October,
1970.)
Appointment of Warrant Officers
6.-(1)
Subject to the provisions of section 65 Warrant Officers shall be appointed by
the Commander and shall, when not already holding
a warrant of appointment to
that rank in Her Majesty's Forces, be issued with a warrant of appointment by
the
Minister.
(Amended
by 20 of 1973, s. 4.)
(2) Warrant
Officers shall be appointed by the Commander either to the Regular or the
Territorial
Force.
(Section
inserted by 56 of 1961, s.
4.)
Qualification
as
officer
or
soldier
of
the
Forces
7.-(1)
Every officer shall be a British subject and shall upon being commissioned take
the prescribed oath.
(2) Every
soldier shall be a British subject and shall upon enlistment take the prescribed
oath and complete the prescribed attestation
form.
(3) No person shall be
enlisted in the Forces who is under the age of eighteen
years:
Provided that the Commander
may permit the enlistment of such number of persons of or above the age of
sixteen years and under the
age of eighteen years as he may from time to time
determine.
(Section
amended
by
25
of
1956,
s.
3,
and
56
of
1961,
s.
3.)
Period of enlistment
8.-(1)
A person may be enlisted as a soldier of the Regular or Territorial Forces for
an initial period not exceeding three years and
thereafter he may, with the
approval of the Commander, re-engage for successive periods each not exceeding
three years until he attains
the age of forty-five
years:
Provided that the age limit
may be extended by the Minister for any particular soldier or class of
soldiers.
(2) On each
re-engagement a soldier shall make the prescribed
declaration.
(Section
amended
by
25
of
1956,
s.
4,
and
56
of
1961,
s.
3.)
Reserve
9.
A soldier of the Regular or Territorial Forces shall on the expiration of his
period of enlistment or if re-engaged, of his last
re-engagement be transferred,
if he is then below the age of forty-five
years,
to the
Reserve.
(Amended
by
56
of
1961,
s.
3.
and
20
of
1973,
s.
5)
Transfer between units
10.
A soldier of the Regular or Territorial Forces shall be liable to serve in any
unit of the Forces and to be transferred from one
unit to
another.
(Amended
by
56
of
1961,
s.
3.
)
Saving
11.
Nothing in section 9 shall be taken to prohibit the discharge, resignation,
release from service and dismissal of soldiers in accordance
with the provisions
of this Act or any regulations made
thereunder.
(Amended
by
56
of
1961,
s.
3.)
Service
12.
Every Regular officer on the active list and every soldier of the Regular Force
and, when called out for continuous service, every
Territorial officer and every
soldier of the Territorial Force and the Reserve shall be liable for service in
the performance of
the duties of the Forces as defined in section
3.
(Amended
by
56
of
1961,
ss.
3
and
6.
and
20
of
1973,
s.
6.)
Persons empowered to enlist soldiers
13.
Any person empowered by the Commander by writing under his hand and any officer
may enlist persons to serve as soldiers of the
Forces.
(Amended
by
56
of
1961,
s.
3.)
Uniforms
14.
Officers and soldiers shall wear such uniforms as may be laid down by the
Commander from time to time. Such uniforms shall be issued,
renewed and repaired
from time to time in accordance with the directions of the
Commander.
(Inserted
by
25
of
1956
s.
5,
and
amended
by
56
of
1961,
s.
3.)
Training for Territorial Force, Reserve of Officers and Reserve
15.-(1)
Every Territorial officer on the Active List and every soldier of the
Territorial Force shall, unless exempted therefrom, undergo
such preliminary
training during the first year of service as may be prescribed and during each
prescribed training year shall, unless
exempted therefrom, undergo such course
of annual training, instruction, drills, and other such exercises as may be
prescribed.
(Amended
by
20
of
1973,
s.
7)
(2)
Every officer posted to the Reserve of Officers and every soldier of the Reserve
shall, unless exempted therefrom, undergo such
annual training not exceeding
fourteen days, in any one year as may be
prescribed.
(3) The time occupied
in proceeding to or returning from a camp or place of assembly or instruction
shall not be taken into account
as part of any period of training but during
such period every officer and soldier shall be on military
service.
(4) Nothing in this
section shall be construed as preventing any officer or soldier with his own
consent in addition to annual training
being called up for the purpose of duty
or training in accordance with regulations under this
Act.
(Section
amended
by
56
of
1961,
ss.
3
and
7.)
Power to disband
16.
The Governor-General may by proclamation disband or discontinue the services of
the Forces or any part thereof whenever it seems
to him expedient so to do and
may give such instructions as shall be necessary for carrying any such
proclamation into effect.
Power to terminate service of officers and soldiers
17.
The Governor-General upon the advice of the Minister may at any time dispense
with the services of any officer or discharge any
soldier.
(Section
amended
by
56
of
1961,
s.
3.
and
Order
7th
October,
1970)
PART III-CADETS
Cadet Units
18.
The Minister may establish Cadet Units, the description of, numbers in,
enrolment in, and organization of which shall be such as
the Minister may from
time to time prescribe. Cadet Units shall not form part of the Forces, but shall
be affiliated to them and
regarded as a training unit for the Forces. Cadet
Units shall be composed of boys between the ages of twelve and eighteen years.
The Minister may disband any Cadet
Unit.
(Amended
by
Order
7th
October,
1970
and
20
of
1973,
s.
8).
Cadets’ liability for training
19.
All boys who, with the consent of their parents or guardians, have enrolled as
soldiers of a Cadet Unit shall be liable to undergo
such training as may be
prescribed.
(Section
amended
by
56
of
1961,
ss.
3
and
8.)
PART IV-LIABILITY FOR CONTINUOUS SERVICE
Calling out for continuous service
20.-(1)
The Governor-General may, by proclamation, call out the whole or any part of the
Territorial Force and the Reserve for continuous
service whenever it appears to
him advisable so to do by reason of invasion, war or danger of any of them or by
reason of any internal
emergency threatening the security of life or property to
quell which the available civil force is deemed by him inadequate and when
so
called out they shall be held to that service until such time as the
Governor-General may, by proclamation, declare that they
are relieved from that
service.
(2) Whenever the whole or
any part of the Territorial Force or the Reserve is called out, every soldier
thereof shall attend at once
in obedience to the call at such time and place as
may be directed by the
Governor-General.
(3) Every
soldier who, not being incapacitated for service by infirmity, absence from Fiji
or other good and sufficient cause, refuses
or neglects to obey the call shall
be liable to imprisonment not exceeding twelve months or to a fine not exceeding
one hundred
dollars.
(Section
amended
by
56
of
1961,
ss.
3
and
10
and
20
of
1973,
s.
9.)
Applicability of section 20 to Territorial officers
21.
For the purposes of section
20,
a Territorial officer shall be deemed to belong to the Territorial Force only
during such time as he is on the Active List.
Not entitled to discharge when on continuous service or on active service
22.
No officer or soldier of the Forces when called out on continuous service under
the provisions of section 20 shall be entitled to
obtain discharge during the
continuance of such
service.
(Amended
by
56
of
1961,
ss.
3
and
11.)
PART V-DISCIPLINE, INQUIRIES AND COURTS MARTIAL
Application of Army Act
23.-(1)
In relation to the government of and for the enforcement of discipline in the
Forces the Army Act shall, subject to the provisions
of this Act and any
regulations made thereunder and with the modifications referred to in subsection
(2), apply as if the Forces
formed part of Her Majesty's Regular
Forces-
(a) to officers of the Forces and soldiers of the Regular Forces at all times;
(b) to soldiers of the Territorial Force and the Reserve when on military service.
(2)
The modifications to be made are as
follows:-
(a) the word "Governor-General" may be read for the words "Army Council" and "Secretary of State";
(b) no sentence exceeding two years' imprisonment imposed by a court martial upon the trial of a soldier when serving within the limits of Fiji shall be carried into execution unless confirmed by the Governor-General; and
(c) such other modifications consistent with this Act as may be necessary.
(Section amended by 56 of 1961, s. 3 and 20 of 1973, s. 10.)
Power of Board of Inquiry to call witnesses
24.
Every Board of Inquiry or Regimental Inquiry constituted under the Army Act for
any purpose connected with the Forces or any officer
or soldier thereof shall
have
power-
(a) to administer oaths or affirmations to witnesses, whether or not they are persons subject to military law, and to compel their attendance to give evidence;
(b) to require the production of documents.
(Amended by 25 of 1956, s. 6, 56 of 1961, ss. 3 and 14 and 20 of 1973, s. 11.)
Courts martial
25.-(1)
The Governor-General on behalf of Her Majesty may at any time convene courts
martial and delegate powers to convene such courts*
and to appoint officers to
constitute the same for the purpose of trying any officer or soldier of the
Forces subject to the Army
Act and may also delegate power to approve, confirm,
mitigate or remit any sentence of any such court. Such courts shall be composed
wholly of officers of the Forces or partly of officers of the. Forces and partly
of officers of Her Majesty's Regular
Forces.
*
Delegated to Commander by Notice 11th November,
1965.
(2) The composition of such
courts and the modes of procedure and powers thereof shall be, subject to the
provisions of this Act,
as near as may be in accordance with the regulations
which are for the time being in force for the composition, modes of procedure
and powers of courts martial for Her Majesty's Regular
Forces.
(Section
amended
by
56
of
1961,
s.
3.)
Witnesses before Boards of Inquiry Regimental Inquiry or courts martial
26.-(1)
Every person required to give evidence before a Board of Inquiry, Regimental
Inquiry or court martial may be summoned or ordered
to
attend.
(2) If any person is
summoned as a witness before a Board of Inquiry, Regimental Inquiry or court
martial and after payment or tender
of reasonable expenses of his
attendance-
(a) makes default in attending or being in attendance; or
(b) refuses to take an oath or affirmation which the Board of Inquiry, Regimental Inquiry or court martial lawfully requires him to take; or
(c) refuses to produce any document in his power or control which the Board of Inquiry, Regimental Inquiry or court martial lawfully requires him to produce; or
(d) refuses to answer any question which the Board of Inquiry, Regimental Inquiry or court martial lawfully requires him to answer; or
(e) is guilty of any contempt of the Board of Inquiry, Regimental Inquiry or court martial by causing any interruption or disturbance in its proceedings or otherwise,
the
president of the Board of Inquiry, Regimental Inquiry or court martial may
certify the default, refusal or contempt under his
hand to a judge or magistrate
having powers to deal with or punish persons guilty of like acts or omissions in
his court and such
judge or magistrate may thereupon inquire into the same, and,
if the person is found guilty, deal with or punish him in like manner
as if such
default, refusal or contempt had been made or committed before him or in
relation to his
court.
(Section
amended
by
25
of
1956,
s.
7
and
56
of
1961,
s.
15.)
Saving of jurisdiction of the courts
27.
Nothing in this Act contained shall exempt any person from being prosecuted,
tried and convicted before the ordinary tribunals of
Fiji for any felony,
misdemeanour or offence against any law for the time being in force in
Fiji:
Provided that no person
shall be punished twice for the same offence.
Execution of sentence of imprisonment
28.-(1)
The *Minister may set apart any building or part of a building as a military
prison or detention
barrack.
*Delegated
to Commander by Notice
11th
November, 1965.
(2) Any sentence
of imprisonment imposed upon an officer or soldier of the Forces by an officer
or court martial may be carried out
in any military prison established under
this section or in any civil prison or, where the imprisonment does not exceed
forty-two
days, in any detention barracks established under this
section.
(3) The officer in charge
of any civil prison shall receive into his custody and carry out the sentence
upon any person sentenced
to imprisonment as aforesaid upon an order in writing
under the hand of the Commander or of the officer imposing the sentence which
order shall specify the offence and the period and description of the
punishment.
(4) Every person while undergoing any such sentence of imprisonment as aforesaid in a civil prison shall be deemed to be and be dealt with as a criminal prisoner.
(5) A sentence passed upon
any person as aforesaid shall be in no respect affected by such person ceasing
to be an officer or soldier
of the Forces by discharge or
otherwise.
(Section
amended
by
56
of
1961,
s.
3.)
Provision
for
arrest
and
punishment
of
military
offender
who
ceased
to
be
subject
to
the
Army
Act
29.
Where an offence has been committed by an officer or soldier while subject to
the Army Act, such officer or soldier may be taken
into and kept in military
custody and punished for such offence although he has ceased to be subject to
the Army Act in like manner
as he might have been taken into and kept in
military custody or punished if he had continued so
subject:
Provided that where an
officer or soldier has since the commission of an offence ceased to be subject
to the Army Act, he shall not
be tried except in the case of the offence of
mutiny, desertion or fraudulent enlistment unless the trial commences within one
year
after he has ceased to be subject to the Army Act; but this section shall
not affect the jurisdiction of a civil court in the case
of any offence triable
by such court as well as by court
martial.
(Section
amended
by
56
of
1961,
s.
3
and
20
of
1970
s.
12.)
*PART
VI-APPEALS
FROM COURTS
MARTIAL
*Part VI
inserted by 2 of 1966, s. 3.
Right of appeal
30.
A person convicted by a court martial may, with the leave of the Court of
Appeal, appeal to that court against his conviction:
Provided that the leave of the Court of Appeal shall not be required in any case where the person convicted was sentenced by the court martial to imprisonment for ninety days or more or to detention for ninety days or more.
Application for leave to appeal
31.-(1)
Leave to appeal to the Court of Appeal shall not be given except in pursuance of
an application in that behalf made by or on behalf
of the appellant, and lodged
with the Registrar of the Court of Appeal, within such period and in such form
as shall be prescribed
by rules of court and specifying the grounds on which
leave to appeal is sought and such other particulars, if any, as may be directed
by such rules.
(2) Rules of court
may provide that, in such circumstances as may be specified in the rules, any
such application as aforesaid which
is lodged with such person (other than the
Registrar of the Court of Appeal) as is specified in the rules shall be treated,
for the
purposes of subsection (1), as having been lodged with the Registrar of
the Court of Appeal.
(3) Where an
application for leave to appeal to the Court of Appeal is lodge with a person
other than the Registrar in accordance
with the rules of court having effect by
virtue of subsection (2), it shall be the duty of that
person-
(a) to forward the application to the Registrar of the Court of Appeal with as much expedition as possible; and
(b) if it appears to that person that it is practicable to furnish the Registrar of the Court of Appeal, before the receipt by him of the application, with such particulars of the application as will enable him to prepare a copy of it, and that in all the circumstances it is expedient so to do, forthwith to furnish him with those particulars.
(4) Except in the case of a conviction involving sentence of death, the Court of Appeal may extend the period within which an application for leave to appeal shall be lodged, whether that period has expired or not.
(5) Where
the Court of Appeal dismisses an application for leave to appeal they may, if
they consider the application to have been
frivolous or vexatious, order that
any sentence passed upon the applicant in the proceedings from which it was
sought to bring the
appeal shall begin to run from the day on which the Court of
Appeal dismisses the application.
Determination of appeals in ordinary cases
32.-(1)
Subject to the provisions of section
33,
on an appeal under this Act the Court of Appeal shall allow the appeal if they
are of the opinion that the finding of the court martial
is unreasonable or
cannot be supported having regard to the evidence or involves a wrong decision
on a question of law or that, on
any ground, there was a miscarriage of justice,
and in any other case dismiss the
appeal:
Provided that the Court of
Appeal may, notwithstanding that they are of the opinion that the point raised
in the appeal might be decided
in favour of the appellant, dismiss the appeal if
they consider that no substantial miscarriage of justice has actually
occurred.
(2) If the Court of
Appeal allows an appeal under this Act they shall quash the conviction and in
their discretion either direct a
judgment and finding of acquittal to be entered
or direct a new trial by court martial.
Powers of the Court of Appeal in special cases
33.-(1)
If it appears to the Court of Appeal that an appellant, although not properly
convicted on some charge preferred against him before
the court martial by which
he was tried, was properly convicted on some other charge so preferred, then, if
the sentence passed by
the court martial on the appellant was not one which
could lawfully be passed for the offence of which he was convicted on the other
charge, the Court of Appeal shall pass on the appellant, in substitution for the
sentence passed on him by the court martial, such
sentence as they think
proper.
(2) Where an appellant has
been convicted of an offence and the court martial by which he was tried could
lawfully have found him
guilty of some other offence, and it appears to the
Court of Appeal that the court martial must have been satisfied of facts which
proved him guilty of that other offence, the Court of Appeal may, instead of
allowing or dismissing the appeal, substitute for the
finding of the court
martial a finding of guilty of the other offence and pass on the appellant, in
substitution for the sentence
passed on him by the court martial, such sentence
as they think proper, being a sentence which could lawfully have been passed for
that other offence but not being a sentence of greater
severity.
(3)
Where-
(a) an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Court of Appeal that the court martial by which he was tried ought to have found him guilty of the offence as being committed under circumstances involving the lower degree of punishment; or
(b) an appellant has been convicted of an offence and it appears to the Court of Appeal that the court martial by which he was tried ought to have found him guilty of the offence subject to the exceptions or variations,
the
Court of Appeal may, instead of allowing or dismissing the appeal, substitute
for the finding of the court martial a finding of
guilty of the offence as being
committed under circumstances involving the lower degree of punishment or, as
the case may be, guilty
of the offence subject to exceptions or variations and
pass on the appellant, in substitution for the sentence passed on him by the
court martial, such sentence as they think proper, being a sentence which could
lawfully have been passed for the offence specified
or involved in the
substituted finding, but not being a sentence of greater
severity.
(4) If, on an appeal, it
appears to the Court of Appeal that, although the appellant was guilty of the
act or omission charged against
him, he was insane at the time the act was done,
or the omission made, so as not to be responsible according to law for his
actions,
the Court of Appeal may quash the sentence passed at the
trial
and
order
the
appellant to be kept in custody under the
provisions of subsection (4) of section
116
of the Army Act, as applied by this Act, in like manner as on a special finding
of insanity by the court martial by which the appellant
was
convicted.
(5) The term of any
sentence passed by the Court of Appeal under any of the foregoing provisions of
this section shall, unless the
Court of Appeal otherwise directs, begin to run
from the time from which it would have begun to run if it had been passed in the
proceedings from which the appeal is brought, and a sentence passed by the Court
of Appeal shall be deemed for the purposes of this
Act to be a sentence passed
by the court martial being a sentence that has been confirmed.
Supplementary 'powers of the Court of Appeal
34.
For the purposes of this Act the Court of Appeal may, if they think it necessary
or expedient in the interests of justice, exercise
all or any of their powers
under section
28
of the Court of Appeal
Act.
(Cap.
12)
Proceedings to be heard in absence of appellant
35.
An appellant shall not be entitled to be present at the hearing of an appeal to
the Court of Appeal under this Act or at any proceedings
preliminary or
incidental to such an appeal except where rules of court provide that he shall
have the right to be present or the
Court of Appeal gives him leave to be
present, and accordingly any power of the Court of Appeal under this Act to pass
a sentence
may be exercised notwithstanding the absence of the
appellant,
Defence of appeals
36.
It shall be the duty of the Director of Public Prosecutions on an appeal against
conviction by a court martial to undertake the defence
of the
appeal.
(Amended
by
14
of
1975,
s.
16.)
Right of appellant to present his case in writing
37.
An appellant may, if he so desires, present his case in writing.
Suspension of death sentences
38.
Where a conviction by court martial involves sentence of
death-
(a) the sentence shall not in any case be executed until the expiration of the period within which an application for leave of appeal to the Court of Appeal against the conviction must be lodged; and
(b) if such an application is duly lodged the sentence shall not be executed until either the application is finally refused or is withdrawn or the appeal is determined or abandoned:
Provided
that, where a sentence of death passed on a person on active service by a court
martial is confirmed and the officer who
confirms the sentence certifies that it
is essential in the interests of discipline and for the purposes of securing the
safety of
the force with which that person is present that the sentence should
be carried out forthwith, the foregoing provisions of this section
shall not
apply to the sentence.
Removal of prisoners for purposes of proceedings
39.
Regulations made under the provisions of section
67
may provide in what manner an appellant when in custody, is to be taken to, kept
in custody at, and brought back from any place at
which he is entitled to be
present for the purposes of the appeal or any place to which the Court of Appeal
or a judge thereof may
order him to be taken for the purpose of any proceedings
of the Court of Appeal.
Furnishing, on appeal, of documents relating to trial
40.
In the case of every appeal, or application for leave to appeal, under this Act
to the Court of Appeal against a conviction by court
martial, it shall be the
duty of the Commander to furnish to the Registrar of the Court of Appeal in
accordance with rules of court,
the proceedings of the court martial (including
any proceedings with respect to the revision of the finding or sentence of the
court
martial in pursuance of subsection (1) of section
109
of the Army Act), the proceedings with respect to the confirmation of the
finding and sentence of the court martial and any petition
presented by the
person convicted.
Saving of Governor-General's powers
41.
Nothing in this Act shall affect the exercise by the Governor-General of the
powers to quash a conviction by a court martial, so
far as regards the exercise
thereof at a time before the receipt by the Registrar of the Court of Appeal of
an application for leave
to appeal to the Court of Appeal against the conviction
and nothing in this Act shall affect the exercise by the Governor-General
of the
prerogative of mercy.
PART VII-PAY, PENSIONS AND GRATUITIES
42.
(Repealed
by
Act
17
of
1983,
s.
47.)
43.
(Repealed
by
Act
17
of
1983,
s.
47.)
44.
(Repealed
by
Act
17
of
1983,
s.
47.)
45.
(Repealed
by
Act
17
of
1983,
s.
47.)
46.
(Repealed
by
Act
17
of
1983,
s.
47.)
47.
(Repealed
by
Act
17
of
1983,
s.
47.)
48.
(Repealed
by
Act
17
of
1983,
s.
47.)
Regular officer on Active List deemed holder of pensionable post.
49.
A Regular officer on the Active List who is the holder of a long service Regular
commission shall for the purposes of the Widows
and Orphans Pension Act be
deemed in respect of services from the commencement of this Act to be the holder
of a pensionable post
in the service of
Fiji.
(Cap.
80.)
(Amended
by
25
of
1956,
s.
11.)
Provisions for retired pay, pensions, etc., not to apply in respect of person seconded
50.
The provisions of sections
43
to
46
and
49
shall not apply in respect of persons seconded under the provisions of section
65.
PART VIII-LEGAL PROCEEDINGS AND OFFENCES
Appearance of Commander
51.
In all legal proceedings under this Act the Commander may appear by any officer
authorised by him in that behalf by writing under
his hand.
Immunities of soldiers
52.-(1)
No action shall be brought against any officer or soldier for anything done by
him under this Act unless the same is commenced
within three months after the
act complained of was committed nor unless notice of such action has been given
at least one month
before such action was
commenced.
(2) In every action
brought against any officer or soldier for anything done by him under this Act
the plaintiff shall expressly allege
in his statement of claim that such act was
done either maliciously or without reasonable and probable cause or through
gross negligence,
and if at the trial of such action he fails to prove such
allegation he shall be non-suited or a verdict shall be given for the
defendant.
(Section
amended
by
56
of
1961,
s.
3.)
Service of civil process
53.-(1)
A soldier of the Regular Force and, when on continuous service, any other
soldier of the Forces shall not be liable to be taken
out of the Forces by
process or execution save on account of any criminal charge or conviction or on
account of an original debt
proved by affidavit of the plaintiff or of someone
on his behalf to the value of sixty dollars at the least over and above all
costs
of suit.
(2) A soldier of
the Territorial Force or the Reserve shall be allowed a reasonable time for
going to and returning from any preliminary
or annual training, drill or other
exercise if in uniform and he shall not be liable during such time or when
engaged in such training,
drill or other exercise to have his person, horse,
harness or conveyance arrested or taken in execution of any civil process issued
out of any court
whatsoever.
(Section
amended
by
56
of
1961,
ss.
3
and
17.)
Property of Forces: in whom vested
54.-(1)
All property belonging to any unit or the Reserve shall for all purposes of any
proceedings, civil or criminal, be deemed to be
vested in the officer commanding
for the time being such unit or the Reserve and his successors in office and may
be so stated and
laid in any such
proceedings.
(Amended
by
20
of
1973,
s.
14)
(2)
No such proceeding shall be discontinued or shall abate by reason of the death,
resignation or removal of the officer commanding
but the same may be continued
in the name of his successor in office.
Offences in relation to Territorial and Reserve training
55.-(1)
Any soldier of the Territorial Force who without leave lawfully granted or save
on account of sickness or other reasonable excuse
fails to appear at the time
and place appointed for preliminary training or for annual training or fails to
perform the full course
of drills and other exercises prescribed for the
Territorial Force shall be guilty of an offence against this
Act.
(2) Every soldier of the
Reserve who without leave lawfully granted or save on account of sickness or
other reasonable excuse fails
to appear at the time and place appointed for
annual training shall be guilty of an offence against this
Act.
(Section
amended
by
56
of
1961,
s.
3.)
Assaulting or resisting an officer or soldier of the Forces
56.
Whosoever assaults or resists or aids or abets any person in assaulting or
resisting any officer or soldier in the discharge of his
duty shall be guilty of
an offence against this
Act.
(Amended
by
56
of
1961,
s.
3.)
Obstructing or molesting soldier of the Forces
57.
If any person wilfully obstructs or molests any officer or soldier while on duty
he may be arrested or given into custody by the
senior officer or soldier
present and shall on the prosecution of the Commander be liable to a fine not
exceeding one hundred
dollars.
(Amended
by
25
of
1956,
s.
12,
and
56
of
1961,
s.
3.)
Wilful injury to butts or targets
58.
If any person wilfully commits any damage to any butt or target belonging to or
lawfully used by the Forces or without the leave
of the Commander searches for
bullets in or otherwise disturbs the soil of or near any such butt or target he
shall on the prosecution
of the Commander be liable to a fine not exceeding
twenty dollars for every such offence.
Wrongful detention or disposal of arms, appointments or stores
59.-(1)
All arms, ammunition, musical instruments, clothing, appointments and
necessaries issued to any officer or soldier of the Forces
shall be and remain
the property of the Government and shall be produced, exhibited and delivered to
any person authorised by the
Commander to inspect or receive the
same.
(2) Any officer or soldier
of the Forces
who-
(a) loses, or by negligence damages, any public or service property of which he has the charge or which has been entrusted to his care or which forms part of property of which he has the charge or which has been entrusted to his care; or
(b) by negligence causes damage by fire to any public or service property; or
(c) loses, or by negligence damages, any clothing, arms, ammunition or other equipment issued to him for his use for military purposes; or
(d) fails to take proper care of any animal or bird used in the public services which is in his charge; or
(e) makes away (whether by pawning, selling, destruction or in any other way) with any military, naval or air force decoration granted to him or any clothing, arms, ammunition or other equipment issued to him for his use for military purposes,
shall
be guilty of an offence and liable to imprisonment for a period not exceeding
two years:
Provided that it shall
be a defence for any person charged under this section with losing any property,
clothing, arms, ammunition
of other equipment that he took reasonable steps for
the care and preservation
thereof.
(Section
amended
by
25
of
1956,
s.
13,
and
56
of
1961,
s.
3.)
Employers not to prevent employees from serving
60.
Any employer who prevents or attempts to prevent any employee who is a
Territorial Officer or a soldier of the Territorial Force
or the Reserve from
performing any of the duties required of him under the provisions of this Act or
of any regulations made thereunder
or who in any way penalizes or attempts to
penalize any such employee for performing any of the duties as aforesaid either
by reduction
or deduction of salary or wages or by dismissing him from his
employment or in any other manner or method whatsoever shall be liable
to a fine
not exceeding one hundred
dollars:
Provided that nothing
hereinbefore contained in this section shall render an employer liable to pay
any salary or wages of any such
employee while such employee is absent from his
employment by reason of his being called into continuous service or engaged in
annual
training or engaged in duty or training for which he may only be called
up with his
consent.
(Section
amended
by
56
of
1961,
ss.
3
and
19.)
General Penalty
61.
Any person who is guilty of an offence against this Act for which no special
penalty is provided shall be liable to a fine not exceeding
twenty
dollars.
PART IX-MISCELLANEOUS
Storage of gunpowder
62.
The provisions of any Act for the time being in force relating to the storage of
gunpowder or explosives shall not, except so far
as may be expressly provided by
such Act, apply to gunpowder or explosives belonging to or appropriated by the
Government to the
use of the Forces.
Payment of moneys by Chief Accountant
63.
It shall be lawful for the Chief Accountant to pay to the Commander for the
purposes of the Forces out of moneys voted by Parliament
such sums in each year
as shall be authorised by the Minister responsible for finance.
Disposal of fines
64.
All fines imposed, other than by a civil court, under this Act or any
regulations made thereunder shall, when recovered, be paid
to the Commander to
be placed to the credit of an account to be known as the "Military Forces Fund"
which shall be applied for such
purposes connected with the Forces and in such
manner as the *Minister may from time to time approve.
Secondment to the Forces
65.
The *Minister may appoint on secondment to the Forces with such rank and for
such time as he thinks fit any officer, warrant officer,
non-commissioned
officer or man of any of Her Majesty's
Forces.
*
Delegated to Commander by Order 11th November 1965.
Standing orders
66.
The Commander may, subject to the direction of the Minister, from time to time
make standing orders providing for the following
matters:-
(a) the government, regulation and management of military prisons and detention barracks and the safe custody, diet, discipline, labour, occupation and instruction of persons confined therein and any and every other matter or thing relating to or connected with the carrying out and management of imprisonment in any such military prison or detention barracks; and
(b) all or any of the matters set out and listed in section 67 and in respect of which the Minister may make regulations:
Provided
that-
(i) it shall not be necessary for any standing orders made under the provisions of this section, which shall only govern the internal discipline, working and good government of the Forces, to be published in the Gazette; and
(ii) whenever there is any conflict between any standing orders made under the provisions of this section and any regulations made under this Act or under any other written law or any of the provisions of this Act or of any other written law, the latter regulations or provisions shall prevail.
(Section substituted by 20 of 1973, s. 16.)
Regulations
67.
The Minister may from time to time make regulations providing for the following
matters:-
(a) the numerical establishment of the Regular and Territorial Forces, and the various grades, ranks and appointments therein;
(b) the terms of service and appointment, duties, promotion, seniority, transfer, leave, resignation and release from service of officers;
(c) the enlistment, posting, transfer, leave, promotion, reduction discharge, dismissal and general terms of service of soldiers of the Forces;
(d) the discipline of the Forces;
(e) offences and the officers who may deal with offenders and the power o officers to award punishment;
(f) the exemption of officers of the Forces and of soldiers of the Territorial Force and the Reserve from carrying out the full course of training prescribed for any one training year;
(g) the issue and care of arms, accoutrements, ammunition, supplies animals and transport, clothing and equipment for the Forces and for cadets;
(h) the conveyance by air, road, rail or water of officers and soldiers and their transport and equipment when travelling on duty;
(i) the general government, control and management of the Forces;
(j) Territorial and Reserve training;
(k) the control and management of Cadet Units;
(l) the requisitioning of goods or accommodation in time of war or emergency;
(m) offences by persons confined in military prisons and detention barracks; and
(n) all matters which are by this Act required or permitted to be, or which are necessary or convenient to be prescribed, or for assuring the discipline and good government of the Forces, or for carrying out and giving effect to this Act.
(Section amended by 56 of 1961, ss. 3 and 21. and 13 of 1977.)
Controlled
by
Ministry
of
Home
Affairs
_______
CHAPTER
81
ROYAL
FIJI
MILITARY
FORCES
SECTION
59
(1)-
AUTHORITY TO INSPECT AND RECEIVE ARMS, ETC.
Made by the Governor
The following persons are
authorised to inspect and to receive arms, ammunition, musical instruments,
clothing, appointments and necessaries
issued to officers or soldiers of the
Royal Fiji Military
Forces:-
Notices 20th Aug., 1952
the Commissioner, Northern Division,
the Commissioner, Western Division,
31st Dec., 1952
all police officers,
22nd Dec., 1961
the Commissioner, Central Division,
the Commissioner. Eastern Division.
_______
SECTION 67-ROYAL FIJI MILITARY FORCES REGULATIONS
TABLE OF PROVISIONS
REGULATION
1.
Short
title
2.
Duty to obey
Regulations
3.
Queen's
Regulations
4.
Board of Inquiry
ORGANIZATION
5.
Numerical establishment, Regular
Force
6.
Numerical establishment, Territorial
Force
7.
Corps
8.
Unit establishment
DISCIPLINE
9.
Powers of
officers
10.
Powers of
Commander
11.
Communication of
information
OFFICERS-APPOINTMENT, COMMISSION, ETC.
12.
Rank on first
appointment
13.
Promotion
14. Recommendation
15. Selection
16. Temporary
and acting
rank
17. Service
18. Period
of
command
19. Retirement
20. Short
service Regular
Commissions
21. Resignation
22. Posting
back to Active List
23. Change of
address
24. Precedence
25. Oath
26. Rent
27. Relinquishment
of Commission by reason of absence
SOLDIERS- ENLISTMENT, ETC.
28. Medical
standards
29.
Attestation
30.
Re-engagement
31.
Discharge
TERRITORIAL TRAINING
32. Preliminary
training
33. Exemption
DRESS AND EQUIPMENT
34. Care of arms,
etc.
35. Approval of Governor-General
for alterations in dress, etc.
36.
Badge
GENERAL
37.
Service of band
Schedule-Oath of Allegiance
--------------------------------
Regulations
31st
August
1949,
3rd
December
1949,
15th
January
1952,
29th
July
1952,
10th
November
1954,
10th
October
1956,
6th
June
1957,
18th
October
1958
16th
April
1959,
6th
July
1960,
13th
January
1962,
19th
June
1962,
28th
August
1962
28th
November
1962,
4th
May
1963,
29th
December
1966,
12th
May
1969*
Order
7th
October
1970
*
See Legal Notice No. 50 of
1969.
+ See Legal
Notice No. 112 of 1970.
Short title
1.
These
Regulations
may
be
cited
as
the
Royal
Fiji
Military
Forces Regulations.
Duty to obey Regulations
2. All ranks in the Royal
Fiji Military Forces shall obey the Regulations strictly in all circumstances to
which they apply, and,
if any detail of duty is no specially provided for by
them, their general spirit shall always be carried out.
Queen's Regulations
3. The Queen's Regulations
and the customs of the Imperial Army shall be taken generally as a guide in all
matters not especially
dealt with in these Regulations, so far as the Queen's
Regulations are not inconsistent with the Royal Fiji Military Forces
Act.
Boards of inquiry
4. The composition and
proceedings of boards of inquiry and regimental inquiries shall be governed,
mutatis
mutandis,
by the Queen's Regulations, and the Rules of Procedure made by Her Majesty in
pursuance of the Army Act, in so far as they can be
made applicable to the
establishment and constitution of the Royal Fiji Military Forces and are not
inconsistent with the provisions
of the Act and in particular with those
sections of the Act which relate to boards of inquiry and regimental inquiries,
offences
and
punishments.
(Amended
by
Regulations
13th
January
1962.)
ORGANIZATION
Numerical establishment, Regular Force
5. The numerical establishment
of the Regular Force shall be not more than 65 officers on the Active List and
1,430 soldiers. Officers
temporarily posted back to the Active List from the
Reserve of Officers or Retired List during emergency shall be supernumerary to
establishment.
(Amended
by
Regulations
15th
January
1952
and
10th
November
1954.)
Numerical establishment. Territorial Force
6. The numerical
establishment of the Territorial Force shall be not more than 100 officers on
the Active List and 2,000 soldiers.
Officers temporarily posted back to the
Active List from the Reserve of Officers or Retired List during emergency shall
be supernumerary
to establishment.
Corps
7.-(1)
All officers and soldiers shall belong to one of the following Corps which are
shown in order of
precedence:-
Fiji Artillery,
Corps of Fiji Engineers,
Corps of Fiji Signals,
Fiji Infantry Corps,
Fiji Army Service Corps,
Fiji Army Chaplains' Department,
Fiji Army Medical Corps,
Fiji Army Ordnance Corps,
Fiji Electrical and Mechanical Engineers,
Fiji Army Pay Corps.
(Substituted by Regulations 10th October 1956 and amended by Regulations 29th December 1966.)
(2)
The Regular and Territorial Force shall be divided into such units with such
styles as may be notified from time to time in the
Gazette.
(Regulation
substituted
by
Regulations
November
1949
and
15th
January
1952.)
Unit establishment
8.-(1)
Units may consist of such numbers of regular or territorial officers and
soldiers of the Regular or Territorial Force as the Commander
may in each case
determine.
(2) The Commander may
from time to time vary the establishment of units provided that the
establishments prescribed in regulations
5 and 6 are not
exceeded.
DISCIPLINE
Powers of officers
9. The disciplinary powers
of officers of the Forces shall be those laid down in the Army Act and the
Queen's Regulations for the
Army, in so far as such powers are not inconsistent
with the provisions of the Act and these Regulations. Officers shall be guided
by the Manual of Military Law and shall adhere to the Rules of Procedure therein
contained.
Powers of Commander
10.-(1)
The Commander shall have the disciplinary powers of a general officer authorised
to convene a court
martial.
(Substituted
by
Regulations
10th
October
1956
and
amended
by
Regulations
29th
December
1966.)
(2)
A commanding officer may impose as an alternative punishment a fine not
exceeding
$10.
(Substituted
by
Regulations
29th
December
1966.)
(3)
A subordinate commander may impose as an alternative punishment a fine not
exceeding
$2.
(Inserted
by
Regulations
29th
December
1966.)
Communication of information
11. An officer or soldier
is forbidden to communicate any military information to any person without
special authority.
OFFICERS-APPOINTMENT, COMMISSION, ETC.
Rank on first appointment
12.-(1)
First appointments to commissioned rank in all corps, other than the Fiji Army
Medical Corps, shall be, except in special cases,
to second
lieutenant.
(2) First appointment
to commissioned rank in the Fiji Army Medical Corps shall be, except in special
cases, to
lieutenant.
(Substituted
by
Regulations
29th
December
1966.)
Promotion
13.-(1)
Subject to the other provisions of these Regulations an officer below the rank
of Major appointed to the Regular Force shall be
eligible for promotion in
substantive rank if
he-
(a) is in the appropriate following rank for the following period:-
Rank Period
Second-Lieutenant....................................... 1 year
Lieutenant................................................... 6 years
Captain........................................................ 7 years;
(b) has passed the prescribed qualifying courses and examinations for the higher rank as prescribed in Orders made from time to time by the Commander; and
(c) is recommended by his Commanding Officer for promotion to the next higher rank.
(2) Subject to the other
provisions of these Regulations promotion of Quartermaster commissioned officers
shall be in accordance with
paragraph (1).
(3) Subject to the other
provisions of these Regulations promotion in the Territorial Force to Lieutenant
shall be after two years
as Second-Lieutenant. Further promotion will be
governed by selection to fill vacancies in
establishments.
(Substituted
by
Regulations
13th
January
1962
and
amended
by
Regulations
29th
December
1966.)
Recommendation
14. If an officer who has
the other necessary qualifications for promotion be not recommended for
promotion he shall be so informed
in writing, together with the reasons, by the
Commander.
(Substituted
by
Regulations
13th
January
1962.)
Selection
15.-(1)
Promotion of officers to the rank of Lieutenant-Colonel or higher will be by
selection to fill vacancies in
establishments.
(2) Promotion of
Regular Officers up to and including the substantive rank of Major may be
granted provided the conditions of paragraph
(1) of regulation 13 are fulfilled,
notwithstanding that the appointment held does not normally provide for an
officer of that rank.
(Substituted
by
Regulations
13th
January
1962.)
Temporary and acting rank
16.-(1)
An officer may be granted temporary or acting rank for an appointment normally
held by an officer of higher rank than that he
already holds but, subject to the
other provisions of the Act, he shall relinquish such temporary or acting rank
on ceasing to hold
the
appointment.
(2) An officer
holding temporary rank shall continue to hold such rank during his absence from
duty owing to causes not due to his
own
default:
Provided
that-
(a) this paragraph shall not enable the continuance of temporary rank for more than three months at any one time;
(b) temporary rank shall cease on the appointment of a substantive holder of the post in respect of which temporary rank was granted.
(Amended by Regulations 3rd December 1949.)
Service
17. Only service on the
Active List shall be reckoned for promotion.
Period of command
18. The period of command
of an officer appointed as Commanding Officer of a Territorial Force unit shall
normally be for three years.
This period may, on the recommendation of the
Commander, be extended for a further period or
periods.
(Inserted
by
Regulations
6th
June
1957
and
amended
by
Regulations
12th
March
1969.)
Retirement
19.-(1)
The retirement of officers from the Active List (except as stated below) shall
be compulsory on their attaining the following
ages:-
(a) Lieutenants, Captains, Majors belonging to the Fiji Artillery, Corps of Fiji Engineers, Corps of Fiji Signals, Fiji Infantry Corps ................................................................................... 47
(b) Lieutenants, Captains, Majors belonging to the Fiji Army Service Corps, Fiji Army Chaplains' Department, Fiji Army Medical Corps, Fiji Army Ordnance Corps, Fiji Electrical and Mechanical Engineers, Fiji Army Pay Corps ..................................................................... 50
(c) Lieutenant-Colonels .................................................................... 50
(d) Colonels ..................................................................................... 55
Provided that any officer may be retained over his age limit from year to year, not exceeding five years, if deemed necessary by the Commander.
(2) Officers on
reaching the age limit laid down for their rank shall be posted to the Reserve
of Officers for five years and thereafter
to the Retired
List.
(3) An officer, prior to
attaining the age limit for his rank, may be posted by the Commander to the
Reserve of Officers. An officer
so posted shall serve on the Reserve of Officers
for such time as the Commander in each case may determine and shall then be
posted
to the Retired List.
Short service Regular Commissions
20.-(1)
The provisions of regulation 19 shall not apply to officers who hold Short
Service Regular Commissions.
(2)
Upon the termination of the period of appointment the holder of a Short Service
Regular Commission shall be required to resign
his Commission save where
otherwise approved by the
Minister.
(Inserted
by
Regulations
10th
October
1956.)
Resignation
21.-(1) An application from an officer to resign his commission shall be forwarded by the Commanding Officer to the Commander for transmission to the Governor-General. When forwarding the application the Commanding Officer shall state if-
(a) all regimental claims have been paid;
(b) he is aware of any outstanding public claim against the officer;
(c) there is any objection to resignation being sanctioned;
(d) there is any special reason why such officer should not serve in the Reserve of Officers.
(Amended by Order 7th October 1970*)
(2)
Where an officer is permitted to resign, the resignation shall not take effect,
unless otherwise ordered by the Governor-General,
until the acceptance is
notified in the
Gazette.
(Amended
by
Order
7th
October
1970*.)
*
See
Legal Notice No. 112 of 1970
(3) A
regular officer who has been trained at Government expense at the Royal Military
Academy, Sandhurst, or at any other Commonwealth
Military College or Academy who
applies to be posted to the Reserve of Officers or to resign his commission
shall refund to Government
the following
amounts:-
Within one year of being commissioned .................................. $ 1,000
Within two years of being commissioned ................................ $ 800
Within three years of being commissioned .............................. $ 600
Within four years of being commissioned................................ $ 400
Within five years of being commissioned................................. $ 200
(Inserted by Regulations 29th July 1952.)
Posting back to Active List
22.-(1)
The Commander, with the approval of the Minister, may in any
emergency-
(a) with or without the consent of the officer concerned, post any officer on the Reserve of Officers to the Active List;
(b) with the consent of the officer concerned, post any officer on the retired List to the Active List;
(Substituted by regulations 13th January 1962 and amended by Order* 7th October 1970.)
(2)
The Commander may at any time post to the Active List any officer on the
(Reserve of Officers who volunteers to be so posted and
is under the age limit
imposed by regulation
19.
(3)
Any service on the Active List under this
regulation shall be reckoned for the purpose of regulation 19 as service in the
Reserve
of
Officers.
(Substituted
by Regulations
6th
July 1960.)
Change of address
23.
Every officer shall notify without delay
any change of address to the Commander.
Precedence
24.
The precedence of officers of the same
rank shall be determined by the date of their appointment or in the case of
officers, appointed
on the same day by the order in which their names appeared
in the
Gazette
provided that a regular officer shall take precedence over a territorial officer
of the same rank.
Oath
25.
The oath to be taken by officers on
commissioning shall be in the form set out in the Schedule.
Rent
26.
Regular officers living out of mess and
occupying Government quarters shall pay rents at such rates as the +Minister may
in each case
decide.
(Amended
by Order
7th
October
1970*)
*
See Legal Notice No. 112 of
1970.
+
Delegated to Permanent Secretary for
Finance and Deputy Secretary for Finance by Notice
19th
January 1978
(See
Legal Notice No. 21 of 1978).
Relinquishment of Commission by reason of absence
27.
Notwithstanding anything hereinbefore
contained, where any territorial officer or any officer on the Reserve of
Officers is absent
from Fiji for a period of twelve months,
he shall thereupon be deemed to have resigned his
commission:
Provided that this
regulation shall not apply in the case of an officer on retired pay.
(Inserted
by
Regulations
10th
October
1956.)
SOLDIERS-ENLISTMENT, ETC.
Medical standards
*28.-(1)
All soldiers shall be medically examined before enlistment and the required
physical standards shall be as laid down from time
to time by the
Commander.
*
Substituted by Regulations 19th June
1962.
(2) A serving soldier whose
medical grading falls below the prescribed minimum standard and is thus rendered
unfit for further service
may be discharged by the Commander.
Attestation
*29.-(1)
The form of attestation to be completed by a soldier on enlistment and the form
of the declaration to be completed on re-engagement
shall be as laid down by the
Commander from time to time. The form of oath to be taken shall be as set out in
the Schedule.
*
Substituted by Regulations 19th June
1962.
(2) Any soldier who after
attestation is found to have made a false answer at the time of enlistment may
be discharged at the discretion
of the Commander.
Re-engagement
*30.-(1)
A soldier who desires to re-engage shall apply not earlier than three months and
not later than one month prior to the expiration
of his current
term.
*
Substituted by Regulations 19th June 1962.
(2) A soldier who is not re-engaged on completion of an engagement may at the discretion of the Commander be discharged instead of being transferred to the Reserve.
Discharge
*31.-(1)
A soldier who desires to be discharged from the Forces or who, prior to
completion of his engagement desires to be transferred
to the Reserve, shall
apply in writing to the Commander staling the reasons for his application. The
Commander may in his discretion
sanction or refuse the
application.
*
Substituted by Regulations 19th June
1962.
(2) A soldier
who-
(a) during the initial three months of his service is considered unlikely to become an efficient soldier; or
(b) is adversely reported on in the matter of zeal or efficiency; or
(c) is convicted by a civil court of an offence which renders him unsuitable for further employment in the Forces; or
(d) is sentenced by a Court Martial to "Dismissal" or to be "Discharged with Ignominy",
may
be discharged by the Commander.
TERRITORIAL TRAINING
Preliminary training
32.-(1)
The prescribed period of preliminary training for territorial officers and
soldiers of the Territorial Force shall be three
months.
(2) The training year
shall be the calendar year. In such training year territorial officers and
soldiers of the Territorial Force
shall
undergo-
(a) annual training in camp-14 days;
(b) sixty hours training out of camp, the incidence of which shall be arranged by the Commander or an officer authorised by him.
(Amended by Regulations 13th January 1962.)
Exemption
33. The Commander may in
his discretion exempt any officer or soldier or the whole or any part of the
Force from carrying out the
whole or any portion of territorial
training.
(Amended
by
Regulations
13th
January
1962.)
DRESS AND EQUIPMENT
Care of arms, etc.
34. Every soldier of the
Force shall be responsible for the safe custody and due care of any arms,
ammunition, uniform and equipment
furnished to him, and territorial officers and
soldiers of the Territorial Force, the Reserve or Special Reserve shall not,
when
off duty, wear the uniform or any part thereof or make use of any of the
appointments of the Forces.
Approval of Governor-General for alterations in dress, etc.
35. Major alterations in
the orders of dress and equipment and the scales thereof shall not be made by
the Commander save with the
prior approval of the
Governor-General.
(Amended
by
Order
7th
October
1970*.)
Badge
36.-(1)
Officers and soldiers of the Force, other than officers and soldiers of the Fiji
Artillery, shall wear on their caps a badge in
the form of an eight-pointed star
in gilding metal with the word "Fiji" below and a lion on a crown in a circle in
the centre.
(2) Officers and
soldiers of the Fiji Artillery shall wear on their caps a badge in gilding metal
in the form of an old-fashioned
muzzle loading gun inscribed with the word
"Fiji" ensigned by a crown with below the gun the motto "Quo Fas et Gloria
Ducunt".
GENERAL
Service of band
37. The services of the Band for performance at public and private functions shall be available with the consent of the Commander and subject to the conditions laid down in Queen's Regulations at a fee to be decided by the Commander. All fees earned by the Band shall be paid into a Band Fund to assist in the maintenance and incidental expenses of the Band.
*
See
Legal Notice No. 112 of 1970.
SCHEDULE
OATH OF ALLEGIANCE
I swear that I will well
and truly serve our Sovereign Lady the Queen in the Royal Fiji Military Forces
until lawfully discharged,
dismissed or removed, and I will resist Her Majesty's
enemies and cause Her Majesty's peace to be kept and maintained and I will
in
all matters appertaining to my service discharge my duty according to
law.
Signature.
Sworn
before me this
day
of
,
19
.
Magistrate,
Justice
of the Peace, or
An officer of Her
Majesty's Forces.
_______
SECTION 67 – CADET UNITS REGULATIONS
TABLE OF PROVISIONS
REGULATION
1.
Short
title
2.
Interpretation
3.
Eligibility to
enrol
4.
Enrolment
5.
Dismissal and
resignation
6.
General
control
7.
Command
8.
Officers
9.
Unit
establishment
10.
Commanding
officer
11.
Training
12.
Inspection
13.
Arms
14.
Uniform
15. Issue of arms,
etc.
---------------------------------
Regulations
3rd
November
1949,
19th
October
1977
*
See
Legal Notice No. 159 of 1977.
(Made by the Governor and the Minister)
Short title
1.
These Regulations may be cited as the
Cadet Units Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise
requires-
"unit" means any Cadet Unit established under section 18 of the Royal Fiji Military Forces Act;
"school" means any school or college in respect of which a Cadet Unit has been established under section 18 of the Royal Fiji Military Forces Act;
"commanding officer" means the officer in command of a unit.
Eligibility to enrol
3. All male students of
any school between the ages of twelve and eighteen years shall be eligible for
enrolment as cadets in the
unit established for that school. A cadet shall
undertake on enrolment to attend all parades and undergo all training ordered by
his commanding
officer.
(Amended
by
Regulations
19th
October
1977.)
Enrolment
4. The enrolment of
students as cadets in a unit shall be voluntary and subject to the student
obtaining a medical certificate of
fitness and the consent of his parent or
guardian.
Dismissal and resignation
5. A commanding officer
may dispense with the services of any cadet, without assigning any reason, and
any cadet may obtain his discharge
on giving written notice to his commanding
officer of his wish to resign.
General control
6. Every
unit
shall be under
the
general
control
and direction of the Commander but shall
not form part of the Regiment and may not be embodied for active service, and no
member of
a unit shall be under any obligation to service outside the unit in
which he has enrolled.
Command
7.
A unit shall be under the command of the principal or headmaster of the school
in respect of which such unit has been established,
or such other person as the
principal or headmaster of the school, with the approval of the Commander, may
appoint. There may also
be a second in command and such other officers as with
the approval of the Commander a commanding officer may appoint. A commanding
officer may also with the approval of the Commander promote any cadet to be a
cadet officer or to hold any subordinate rank or reduce
him from such rank as he
sees fit.
Officers
8. Officers of a unit and cadet officers shall hold such rank as the Commander may determine, but shall not hold commissions or be recognized as officers outside that unit.
Unit establishment
9. A unit shall consist of
such number of companies or platoons as the commanding officer may
fix.
Commanding officer
10. A commanding officer
shall be responsible to the Commander for the training, discipline and
efficiency of his unit. He shall also
be responsible for all funds, arms,
ammunition, equipment and stores issued to such unit.
Training
11. Every unit shall be
trained in accordance with a programme of training prepared by its commanding
officer and approved by the
Commander.
Inspection
12. The Commander or such
officer as he may nominate shall inspect every unit at least once a year at such
time as he may appoint.
Arms
13. A unit may be armed
with such arms and ammunition as its commanding officer, with the approval of
the Commander, may think fit.
Uniform
14. The uniform of every
unit shall be as laid down
hereunder-
Officers:-
Shirt, K.D.
Shorts, K.D.
Hat, felt, A.M.F.P.
Boots, brown, ankle.
Short puttees with long stockings.
Belt, waist and shoulder Sam Browne.
Cadets and Cadet Officers:-
Shirt, K.D.
Shorts, K.D.
Hat, felt, A.M.F.P.
Boots, black, ankle.
Short puttees with long stockings.
Note:-Shoes, black, may be worn instead of boots, black, ankle and short puttees.
Issue of arms, etc.
15.-(1)
The issue of arms and ammunition, clothing and equipment to officers and cadets
of a unit shall be subject to such condition as
the commanding officer of such
unit may from time to time
impose.
(2) All arms, ammunition,
uniforms and equipment of a unit shall be used for training purposes only and
every officer or cadet to
whom they are issued shall produce them in good
condition whenever called upon to do so.
_____________
SECTION 67-ROYAL FIJI MILITARY FORCES (LEAVE) REGULATIONS
TABLE OF PROVISIONS
REGULATION
1.
Short
title
2.
Interpretation,
etc.
3.
Application of
Regulations
4.
Categories of
leave
5.
Categories of officers and soldiers for
purposes of annual and vacation leave and leave
allowances
6.
Annual
Leave
7.
Vacation
Leave
7A.
Long Service
Leave
7B.
Leave
Allowance
8.
Sick
leave
9.
Bereavement
Leave
10.
Embarkation
leave
11.
Leave without
pay
12.
Commander's leave
-------------------------------------
Regulations*
30th
May
1973,
11th
February
1976,
25th
July
1977,
28th
October
1977,
14th
March
1983
*
See
Legal Notices Nos. 61 of 1973, 36 of
1976,
104 of 1977, 165 of 1977, 20 of
1983.
(Made by the Minister)
Short title
1. These Regulations may be cited as the Royal Fiji Military Forces (Leave) Regulations.
Interpretation, etc.
2. (1) In these
Regulations unless the context otherwise
requires:-
"sick leave" means absence with leave from duty because of injury, sickness or infectious isolation and includes sickness or convalescence in hospital or at home or in quarters;
"tour" means a period of resident service of 3 years commencing on the enlistment or re-enlistment of an officer or soldier, where appropriate after the expiry of a period of vacation leave.
(2)
Unless otherwise expressly provided, all leave due under the provisions of these
Regulations shall be leave with full pay and
allowances.
(3)
No
period
of
vacation
leave
taken
under
the
provisions of these Regulations shall
count as part of a tour or be reckoned for the purposes of earning
leave.
Application of Regulations
3.-(1)
The leave of regular officers on the Active List and of soldiers of the Regular
Force shall be governed by these
Regulations:
Provided that these
Regulations shall not apply to officers and soldiers seconded from the forces of
other countries or territories
whose leave and passage entitlements shall be
governed by the provisions of the Regulations or Instructions of the force from
which
they are seconded.
(2) Leave
allowances and other benefits provided by these Regulations shall be as of right
and when a regular officer on the Active
List or a soldier of the Regular Force
dies whilst serving compensation shall be paid to his legal personal
representative in lieu
of the leave pay and allowances respectively in respect
of the annual, vacation and retirement leave and of leave allowances accrued
or
accruing and still due to the deceased officer or soldier on a
pro
rata
day to day basis:
Provided that,
for the purposes of this paragraph, annual leave for the current period of 12
months in which the said officer or soldier
dies only shall be taken into
account.
Categories of leave
4.
For the purposes of these Regulations,
leave shall be divided into the following
categories:-
(a) Annual Leave
(b) Vacation Leave
(c) Long Service Leave
(d) Sick Leave
(e) Bereavement Leave
(f) Embarkation Leave
(Amended by Regulations 14th March 1983*.)
Categories of officers and soldiers for purposes of annual and vacation leave and leave allowances
5. For the purposes of
annual and vacation leave and leave allowances, officers and soldiers to whom
these Regulations apply shall
be divided into 4 categories as
follows:-
Category A: Corporals and soldiers below the rank of Corporal.
Category B: Lieutenants, Second Lieutenants, Warrant Officers I and II, Staff Sergeants and Sergeants.
Category C: Majors and Captains.
Category D: Colonels and Lieutenant Colonels.
Annual Leave
6.-(1)
Subject to this regulation, Annual Leave of 10 working days for each 12 months'
service shall be granted to each officer or
soldier.
(2) Annual Leave shall
not be accumulated.
(3) Subject to
paragraph (4), only 2 periods of Annual Leave shall be granted during a
tour.
(4) Where a tour of an
officer or soldier is extended by the Commander by more than 4 months, that
officer or soldier is entitled
to an additional period of Annual Leave of 10
working days, which may be added to his Vacation Leave or taken before the end
of his
extended tour.
(5) The
granting of Annual Leave shall
be-
(a) at the discretion of the Commander; and-
(b) subject to the exigencies of the Forces.
(Inserted by Regulations 14th March 1983*.)
Vacation Leave
7.-(1)
Subject to paragraph (2), Vacation Leave shall be granted to an officer or
soldier at the completion of a tour, as
follows:-
(a) soldier included in Category A-6 weeks (42 days);
(b) officer or soldier included in Category B, C or D-8 weeks (56 days).
(2)
Five days of the Vacation Leave of an officer or soldier may be utilised as
Annual Leave in the third year of his
tour.
(Inserted
by
Regulations
14th
March
1983*.)
*
See
Legal Notice No. 20 of 1983.
Long Service Leave
7A.-(1)
Subject to this regulation. Long Service Leave shall be granted to each officer
or soldier, as
follows:-
(a) on completion of 12 years' continuous service-30 days;
(b) on completion of 15 years' continuous service-42 days;
(c) on completion of 20 years' continuous service-56 days;
(d) on completion of 25 years' continuous service-84 days;
(e) on completion of 30 years' continuous service-112 days;
(2)
An officer or soldier who has taken Long Service Leave upon the completion of
his twelfth, fifteenth, twentieth or twenty-fifth
year of continuous service
shall
be
entitled,
upon the completion of his fifteenth,
twentieth, twenty-fifth or thirtieth year of continuous service, to be granted
the difference
between the Long Service Leave already taken by him and the leave
to which, but for the leave already taken, he would be
entitled.
(3) Subject to paragraph
(4), Long Service Leave shall be taken with Vacation Leave upon completion of a
tour.
(4) In exceptional cases or in cases of retirement, Long Service Leave may be granted to commence before the completion of a tour.
(5) An officer
who is granted Long Service Leave to commence before the completion of a tour
shall take, in conjunction with that
Leave, any Annual Leave or Vacation Leave,
and any Leave Allowance, due to him, calculated
pro
rata,
and shall commence a new tour upon resuming
duty.
Leave
Allowance
7B.-(1)
Subject to paragraph (2), Leave Allowance is payable to each officer or soldier,
in addition to any other amount payable to him
in respect of a period of leave,
as follows:-
(a) soldier included in Category A-
(i) $230 payable 7 days before the commencement of Long Service Leave, and
(ii) $105 every tour after the completion of 12 years' continuous service, payable 7 days before the commencement of Vacation Leave;
(b) officer or soldier included in Category B-
(i) $230 payable 7 days before the commencement of Long Service Leave; and
(ii) $230 every tour after the completion of 12 years' continuous service, payable 7 days before the commencement of Vacation Leave;
(c) officer included in Category C-$574 payable 7 days before the end of every tour;
(d) officer included in Category D-$690 payable 7 days before the end of every tour.
(2)
The allowance referred to in item (i) of sub-paragraph
(a),
and item (i) of sub-paragraph
(b),
of paragraph (1) shall be payable to an officer or soldier only in relation to
the first occasion on which Long Service Leave is
granted to him but, where the
period of Long Service Leave in relation to which that allowance is payable is
granted in combination
with a period of Vacation Leave, he shall be paid that
allowance together with the allowance referred to in item (ii) of sub-paragraph
(a),
or
item
(ii)
of
sub-paragraph
(b), of paragraph (1) 7 days before the
commencement of the combined period of
leave.
(Inserted
by
Regulations
14th
March
1983*.)
*
See Legal Notice No. 20 of
1983.
Sick leave
8.-(1)
Where sickness, illness or injury is attributable solely to duty, sick leave as
required may be granted with the approval of the
Commander and is not to be
counted against or included as part of the scales of sick leave set out in
paragraph (2).
(2) An officer or
soldier may in respect of sickness, illness or injury not directly or solely
attributable to duty be granted by
the Commander sick leave in any calendar year
in accordance with the following scales related to the length of aggregate
service:-
(a) Six months' service or less ......................................... 7 days
(b) Over six months' service but not more than one year's service.................................................................. 14 days
(c) Over one year's service but not more than ten years' service.................................................................... 28 days
(d) Over ten years' service but not more than fifteen years' service.................................................................... 56 days
(e) Over fifteen years' service but not more than twenty years' service.................................................................... 84 days
(f) Over twenty years' service............................................ 112 days:
Provided
that such leave may not be granted where the sickness, illness or injury is
either self-inflicted or occasioned through misconduct.
Bereavement Leave
9.
The Commander may, upon application being made in that behalf, grant to an
officer or soldier Bereavement Leave of not more than
3 days in any period of 12
months, without deduction from any other leave to which the officer is, or will
become,
entitled.
(Inserted
by
Regulations
14th
March
1983*.)
Embarkation leave
10. The Commander may in
his absolute discretion grant up to 7 days' embarkation leave with pay to an
officer or soldier posted overseas
on duty.
Leave without pay
11. The Commander may in
his absolute discretion grant leave without pay in addition to leave with pay
provided for by these Regulations.
Commander's leave
12.-(1)
Notwithstanding the other provisions of these Regulations, the Commander shall
not proceed on annual or vacation leave without
the prior written approval of
the Minister.
(2) Before granting
such approval the Minister shall satisfy himself that suitable arrangements have
been made for the command of
the Forces during the absence of the
Commander.
(Inserted
by
Regulations
28th
October
1977+.)
*
See
Legal Notice No. 20 of 1983.
+
See
Legal Notice No. 159 of 1977.
-------------------------------------
EFFICIENCY DECORATION
EFFICIENCY DECORATION REGULATIONS
Regulations 31st January 1936, 8th December 1943
Made
by
the
Governor
under
the
authority
of
the
Royal
Warrant
of
23rd
September
1930
1.
The Efficiency Decoration is a reward to
an officer for long and meritorious service of proved capacity in the Authorised
Auxiliary
Forces of the Empire (or their Reserves) and is governed by the Royal
Warrant dated 23rd September,
1930.
2. Commissioned officers of
the Fiji Defence Force who on or after
23rd
September, 1930, have completed 20 years' qualifying service as hereinafter
defined shall be eligible for the award of the Decoration.
3. The subsidiary title of the Decoration awarded to officers who complete the requisite period of qualifying service while serving in the aforesaid Fiji Defence Force shall be "Fiji" and the word "Fiji" shall be inscribed on the bar brooch of the Decoration so awarded.
4. An officer on
whom the Decoration is conferred is entitled to the addition after his name of
the letters "E.D."
5. Qualifying
service is defined and shall be reckoned as
follows:-
A. Commissioned Service-
(i) on the Active List of the Fiji Defence Force;
(ii) in other Authorised Auxiliary Forces of the Empire including their Reserves and associated Cadet or Officers' Training Corps, such service in every case having been qualifying service in accordance with the regulations under the Royal Warrant of 23rd September, 1930, and applicable to the Force in which with whose Reserves or associated Cadet or Officers' Training Corps the service was rendered.
(iii) service in any Forces mentioned in sub-paragraphs (i) and (ii) during their embodiment the exact period only of the embodied service rendered being reckoned as single qualifying service.
B. Commissioned service in West Africa (except that performed by natives of West Africa) will reckon two-fold as qualifying service, but any period spent on leave therefrom will reckon only as single qualifying service.
C. Half of any time during which an officer may have served on the Active List after attaining the age of 17 years-
(i) in the ranks of the aforesaid Fiji Defence Force, or of any other Authorised Auxiliary Forces of the Empire (including their Reserves), such service to be qualifying service in accordance with the Efficiency Decoration regulations of those Forces;
(ii) in the ranks of or as a cadet in any Cadet Corps or Officers' Training Corps in the Empire in accordance with the Efficiency Decoration regulations applicable to the Force or Forces with which such Corps is associated,
shall reckon as qualifying service.
D. War Service-
(i) an officer of the aforesaid Fiji Defence Force who was serving in such Force or in any other Authorised Auxiliary Force of the Empire including their Reserves (provided such reserve service entailed for reservists a liability to join the Auxiliary force for active service upon its mobilization) on 4th August, 1914, and who, before 11th November, 1918, served or accepted an obligation to serve on military service beyond the borders of the territory of the Force of which he was a member, will reckon two-fold as qualifying service all embodied service as an officer on the active list given between the dates of embodiment and of disembodiment of the Force in which he was serving, and will reckon all such embodied service in the ranks on the Active List as full single qualifying service towards the 20 years required, whether such service was in the Royal Navy, Regular Army, Royal Air Force, Special Reserve, Territorial Force, or Dominion or Colonial Forces;
(ii) except as provided in sub-paragraph (i), commissioned service in the Royal Navy, the Regular Army, or the Royal Air Force, or a Permanent Force of a Dominion or colony, during the period 4th August, 1914, and 31st December, 1921, provided that the officer was commissioned between 4th August, 1914, and 11th November, 1918, and subsequently obtained a commission in an Auxiliary Force, shall reckon as single qualifying service; and half the time served on the Active List in the ranks of the said Forces during the said period shall reckon as single qualifying service for the Decoration;
(iii) an officer of the aforesaid Force who was serving in such Force or in any other Authorised Auxiliary Force of the Empire including their Reserves (provided that such Reserve service entailed for Reservists a liability to join the Auxiliary Force for active service upon its mobilization) on 2nd September, 1939, and who has been embodied under any Proclamation by the Governor, shall be allowed to count embodied commissioned service during the present war two-fold as qualifying service towards the award of the Efficiency Decoration;
(iv) any Warrant Officer, Non-commissioned officer or man who was serving in the aforesaid Force on 2nd September, 1939, and who was embodied under any Proclamation by the Governor and who was subsequently granted a commission in the said Force, shall be allowed to count his embodied service in the ranks during the present war as full, but not double, qualifying service for the award of the Efficiency Decoration;
(v) an officer of the aforesaid Force who is relegated to the Non-Effective List during the present war may not count such Non-Effective service as qualifying service for the award of the Efficiency Decoration unless he is restored to the Active List, in which case his Non-Effective service shall count as single qualifying service towards the award of the Efficiency Decoration;
(vi) for the purposes of sub-paragraphs (iii), (iv) and (v) the term "the present war" means any war in which His Majesty may be engaged between 2nd September, 1939, and such date as may hereafter be declared by Order in Council to be the date of cessation of hostilities.
E. Nothing in these Regulations shall permit any service to reckon more than two-fold as qualifying service for the Decoration.
F. Service requisite to qualify for the Decoration shall not necessarily be continuous.
G. Service on the Permanent Staff of the aforesaid Fiji Defence Force by members of the Permanent Forces of the Empire, except such service as may be covered by sub-paragraph C, and service in the Fiji Defence Force Reserve shall not reckon as qualifying service for the Decoration.
H. In the case of recipients of the Volunteer Officers' Decoration, the Territorial Decoration, or the Colonial Auxiliary Forces Officers' Decoration, no period of service in the Force in which they qualified for any of the said Decorations shall be reckoned as qualifying service for the Efficiency Decoration.
I. Subject to the provisions of sub-paragraph G, an officer already in possession of the Volunteer Officers' Decoration, the Territorial Decoration, or the Colonial Auxiliary Forces Officers' Decoration, or any Long Service and Good Conduct or Efficiency Medal and clasps, will be eligible to receive the Efficiency Decoration and to wear both, provided that he has completed the full periods of qualifying service for both awards and that no qualifying service towards one award is permitted to count towards the other.
J. Except as admissible under this paragraph, service in the ranks will not be deemed to be qualifying service.
6.
An officer who has the requisite qualifying service must be recommended by the
Commanding Officer of the unit in which he completes
the period of service
requisite to qualify for the
Decoration.
7.
Applications
for
the
Decoration
should
be
made
in
writing
by
the Commanding Officer of the Corps of
the Auxiliary Force in Fiji in which the officer recommended for the Decoration
is or was serving
when he completed the period of qualifying service and should
be supported by a statement of the officer's service in Form A appended
to these
Regulations. Commanding Officers will forward their recommendations through the
usual channel of correspondence to the Governor-
General, accompanied in each
case by a statement certifying that the officer recommended holds (or has held)
a Commission in the
Fiji Defence Force, that he has completed the qualifying
period of 20 years' meritorious service, that he is an efficient and thoroughly
capable officer of proved capacity, and that he is in every way deserving of the
Efficiency Decoration.
8. Grant of
the
Decoration-The
Decoration will be awarded on the authority of the Governor-General or Officer
Administering the Government and a notification
of its award will be published
in the Gazette. A register of awards of the Decoration will be kept at the
Headquarters of the Fiji
Defence
Force.
9. Honorary Colonels and
Acting Chaplains holding Commissions who have the qualifying service are also
eligible.
10. Loss and
Replacement-When
the Decoration has been lost and it is desired to replace it, a declaration must
be made before a magistrate staling the circumstances
under which the loss
occurred, and the rank, name, and Corps of the officer to whom the Decoration
belonged. This declaration will
be forwarded to the Governor-General through the
usual channel of correspondence in the case of an officer who is still serving,
and direct in the case of an officer who has retired. The decoration will be
replaced, on payment, if the explanation as to loss
is considered
satisfactory.
11. Forfeiture and
Restoration-A
recipient of the Decoration who suffers death by sentence of a Military Court,
or is dismissed or removed from his Corps or regiment
for misconduct shall
forfeit the Decoration unless the Governor-General shall otherwise
direct.
A recipient of the
Decoration who has been convicted of an offence of the following nature, viz.,
treason, sedition, mutiny, cowardice,
desertion, or disgraceful conduct of an
unnatural kind (under section 18 (5) of the Army Act), or who, while subject to
military
law, is convicted by the civil power shall be liable, at the discretion
of the Governor-General to forfeit the
Decoration.
A Decoration forfeited
under the preceding regulations may be restored by the Governor-General at his
discretion.
A notice of forfeiture
or of restoration shall in every case be published in the
Gazette.
_______
FORM A
THE EFFICIENCY DECORATION (FIJI)
Statement of service
of.................................................................................
of
the....................................................................................................................Corps.
N.B.-Service
which under the Royal Warrant and the Regulations made thereunder is to count
two-fold or as half qualifying service should
be shown in the first place by the
actual dates of such service, but only the equivalent single service for
qualifying purposes should
be carried forward as service in the "Total
Qualifying Service"
column.
Insert
table
I certify that the above is
a correct statement of the service of
..........................
and that
his total qualifying service amounts to..................
years..................months
..........days.
Date..........................
(Signed)......................
Adjutant.
(Countersigned).............................................................................
Officer,
Commanding,
.........................
Corps.
The above statement is to
be completed by the Commanding Officer of the Auxiliary Force in which the
period of qualifying service
is completed. Where the period of qualifying
service is in more than one Auxiliary Force, the Commanding Officer signing the
statement
must satisfy himself that all service reckoned is qualifying service,
and as to the period to be so reckoned. Where war service is
claimed as double
qualifying service a separate certificate by the applicant for the Decoration
will be afforded to that effect setting
out the circumstances, e.g., that he
actually served outside the territory or Colony of the Forces of which he was a
member or that
he signed or otherwise accepted before
11th
November, 1918, an obligation to do so.
________
EFFICIENCY MEDAL
EFFICIENCY MEDAL REGULATIONS
Regulations
31st
January
1936,
8th
December
1943,
17th
December
1947
Made
by
the
Governor
under
the
authority
of
the
Royal
Warrant
of
23rd
September
1930.
1.
The Efficiency Medal and Clasps are
awarded as a reward for long and efficient service to warrant officers,
non-commissioned officers,
and men of the Authorised Auxiliary Forces of the
Empire (and their Reserves); their award is governed by the Royal Warrant dated
23rd September,
1930.
2.
Officers who are serving or who have
served as such on the Active List of any of His Majesty's forces during the
present emergency
and who were, on
2nd
September, 1939, serving as officers, warrant officers, non-commissioned
officers, men or auxiliaries on the Active List of any of
the Authorised
Auxiliary Forces of the Empire, and were embodied under any Proclamation by the
Governor shall be eligible subject
in other respects to the conditions laid down
in the Royal Warrant of 23rd September, 1930 (as subsequently amended) for the
award
of the Efficiency Medal and Clasps and be allowed to reckon their service
as officers as qualifying service for the Medal and Clasps,
except that officers
who, before the
23rd
September, 1930, had qualified for the award of the Efficiency Decoration shall
not be eligible for the Medal and Clasps unless they
are qualified under the
terms of the Royal Warrant of 23rd September,
1930.
3.
Officers
as
aforesaid
who
were
serving
as
warrant
officers,
non- commissioned officers, or men on the
Reserve of any of the Authorised Auxiliary Forces of the Empire (provided such
Reserve Service
entailed for Reservists a liability to join the Auxiliary Force
for active service upon its mobilization) on
2nd
September, 1939, and who were embodied under any Proclamation by the Governor
shall be eligible subject in other respects to the
conditions laid down in the
Royal Warrant of 23rd September, 1930, for the Efficiency Medal and Clasps and
be allowed to reckon their
service as officers as qualifying service
therefor.
4. Any person who under
the terms of regulations 2 and 3 receives an Efficiency Medal and Clasps and is
or subsequently becomes entitled
to an Efficiency Decoration shall not be
permitted to wear such medal or clasps with the Efficiency Decoration, except
under the
conditions laid down in the Royal Warrant of 23rd September,
1930.
5. Warrant officers,
non-commissioned officers, and men of the Fiji Defence Force, who on or after
23rd September, 1930, have completed
12 years' qualifying service as hereinafter
defined shall be eligible for the award of the Medal. A Clasp to be worn on the
ribbon
of the Medal will be awarded to a recipient of the Medal on completing 18
years' qualifying service, and a further Clasp on completing
24 years,
qualifying service.
6. The
subsidiary title of the Medal awarded to warrant
officers,
non-commissioned officers, and men who
complete the requisite period of qualifying service while serving in the
aforesaid Fiji Defence
Force shall be "Fiji" and the word "Fiji" shall be
inscribed on the Bar mount of the Medal so
awarded.
7. Service as described
below shall be regarded as qualifying service, provided that none of it has been
previously counted as qualifying
service for the grant of any other Long
Service, Good Conduct or Efficiency Medal or
Clasp-
A. Service in the ranks on the active list of the aforesaid Fiji Defence Force, such service having been efficient in accordance with the regulations governing service in such Forces.
B. Service in the ranks of other Authorised Auxiliary Naval, Military, or Air Forces of the Empire in which training in peace time is a prescribed condition of service as well as service in any Reserves to these Forces, subject to the annual training being equivalent to that normally carried out by their parent Forces, provided the individual concerned also performed such training and that efficiency is determined by the standard required for the latter Forces, such service in both cases having been qualifying service in accordance with the regulations under the Royal Warrant of 23rd September, 1930, applicable to the Force in which or with whose Reserves the service was rendered.
C. Service in the ranks of a Cadet Corps or as a cadet in an Officer's Training Corps in Great Britain or in any of His Majesty's Dominions, Colonies, or territories under His Majesty's protection, such service being qualifying service in accordance with the regulations under the Royal Warrant of 23rd September, 1930, applicable to the Auxiliary Forces of the domain or territory in which the service was rendered.
D. Service in any Forces mentioned in sub-paragraphs A and B during their embodiment, other than service covered by those sub-paragraphs, the exact period of such embodiment only being counted, provided always both as regards this service, and that referred to in the said sub-paragraphs A and B, that a period of two months embodied service in any calendar year will be allowed to count as the equivalent of efficient service for that year.
E. Service on the Permanent Staff of the aforesaid Fiji Defence Force by members of the Permanent Forces of the Empire, except such service as may be covered by sub-paragraph F below, and service in the Defence Force Reserve shall not reckon as qualifying service for the Medal or Clasps.
F. War Service-
(i) A warrant officer, non-commissioned officer, or man of the aforesaid Fiji Defence Force who was serving in the ranks of such Forces or in the ranks of any other Authorised Auxiliary Force of the Empire including their Reserves (provided such reserve service entailed for reservists a liability to join the Auxiliary Force for active service upon its mobilization) on 4th August, 1914, and who before 11th November, 1918, served, or accepted an obligation to serve, on military service beyond the borders of the territory of the Force of which he was a member, will reckon two-fold as qualifying service all embodied service on the Active List, whether commissioned or in the ranks, given between the dates of embodiment and of disembodiment of the Force in which he was serving, whether such service was in the Royal Navy, Regular Army, Royal Air Force, Special Reserve, Territorial Force, or Dominion or Colonial Forces.
(ii) Except as provided in sub-paragraph (i), commissioned service in the case of those men who were commissioned after service in the ranks of an Authorized Auxiliary Force of the Empire during the period of embodiment of the Force consequent upon the outbreak of war on 4th August, 1914, and who, having relinquished their Commissions, re-enrolled in the ranks of an Authorised Auxiliary Force prior to 1st January, 1922, shall count as single qualifying service for the Medal or Clasps.
(iii) Except as provided in sub-paragraph (i), service in the ranks in the Royal Navy, the Regular Army, Royal Air Force, or a Permanent Force of a Dominion, Colony, or territory under His Majesty's protection during the period 4th August, 1914, to 31st December, 1921, shall count as single qualifying service for the Medal or Clasps.
(iv) Warrant Officers, Non-commissioned officers and men of the aforesaid Forces who were serving in the ranks of the said Forces or in any other authorised Auxiliary Force of the Empire including their Reserves (provided such Reserve Service entailed for Reservists a liability to join the Auxiliary Force for active service upon its mobilization) on 2nd September, 1939, and who were embodied under any Proclamation by the Governor, shall be allowed to count embodied service during the present war two-fold as qualifying service towards the award of the Efficiency Medal and of the two clasps thereto.
(v) If, during the present war, a Warrant Officer, Non- commissioned officer or man serving in the aforesaid Forces is released from military service, other than at his own request, for the purpose of work of national importance, and if he is recalled for military service before disembodiment of the Forces, his period on the Non-Effective list will rank as single qualifying service towards the award of the Efficiency Medal.
(vi) In the case of these warrant officers, non-commissioned officers and men, service in the ranks with any of His Majesty's forces during the present war, which is of not less than two months in each calendar year, will be allowed to count as the equivalent of two annual 'trainings', but not more than two 'trainings' (including equivalent service) shall be reckoned in any one calendar year for the purpose of this Regulation.
(vii) Continuity of qualifying service will be admitted in the case of any of these warrant officers, non-commissioned officers and men, who, having been discharged from His Majesty's forces during the present war by reason of wounds or illness contracted on service subsequently during the period of embodiment, voluntarily re-enlisted into such forces after recovery.
(viii) For the purposes of sub-paragraphs (iv) to (vii), the term "the present war" means any war in which His Majesty may be engaged between the second day of September 1939 and such date as may thereafter be declared by Order in Council to be the date of cessation of hostilities.
H. No service shall count more than two-fold towards the award of the Medal and Clasps.
I. Continuity of Service-
(a) Service must have been rendered continuously except-
(i) during the period 4th August, 1914, to 31st December, 1921, or
(ii) when given in different Authorised Auxiliary, Naval, Military, or Air Forces in the same portion of the Empire, provided that the break does not exceed twelve months, or
(iii) when leave of absence has been granted by the Commandant to a member of the Fiji Defence Force to proceed on leave beyond Fiji provided that the member concerned resumes duty in the Fiji Defence Force forthwith upon his return to Fiji.
(b) The following periods, although inadmissible as qualifying service (save in the circumstances hereinbefore described) will not be reckoned as breaking continuity of service:-
(i) Service in the Royal Navy, Regular Army, Royal Air Force, or in a Permanent Force of a Dominion, Colony, or territory under His Majesty's protection, or in the Reserves of such Forces or in the Reserves of any Authorised Auxiliary Force of the Empire.
(ii) Intervals between service in the Royal Navy, Regular Army, Royal Air Force, or in a Permanent Force of a Dominion, Colony, or territory under His Majesty's protection, or in an Authorised Auxiliary Force of the Empire, during the period 4th August, 1914, to 31st December, 1921.
(iii) Service of men of the aforesaid Fiji Defence Force whilst released from military service for the purpose of being employed on work of national importance, which will be de- fined as occasion arises, during a period of embodiment.
(iv) Periods of desertion or absence without leave of men of the aforesaid Fiji Defence Force during embodiment or training either in camps or barracks, provided that they continue to serve after their offence has been dealt with.
(v) Periods of detention or imprisonment during annual training or embodiment.
8.
The Efficiency Medal will be worn suspended on the left breast by a green
ribbon, one inch and a quarter in width, with yellow
stripes down the edges, but
the recipient of any other Long Service, Good Conduct or Efficiency Medal will
only be permitted to wear
the Efficiency Medal (with or without Clasps) with
them if he has completed the full period of qualifying service in respect of
each
Medal or Clasp.
9. Wearing of
Roses-In
undress and service uniform when ribbons only are worn, the grant of Clasps will
be denoted by the wearing on the ribbon of small
silver roses, one or more
according to the number of Clasps awarded. The rose (or roses) will not be worn
on the ribbon when the
Medal is
worn.
10. Applications for the
Efficiency Medal and
Clasps-Applications
for the Medal and/or Clasps should be made in writing by the Commanding Officer
of the Corps of the Auxiliary Force in
Fiji in which the warrant officer,
non-commissioned officer, or man is or was serving when he completed the period
of qualifying
service, and should be supported by a statement in Form A appended
to these Regulations of his service qualifying for the Medal and/or
Clasps.
Commanding Officers will forward their recommendations through the usual channel
of correspondence to the Governor-General
together with a certificate that the
person recommended has completed the qualifying period of 12, 18, or 24 years'
efficient service
and that he is in every way deserving of the Efficiency Medal
or Clasp.
11. Grant of the Medal
and
Clasps-The
Medal and/or Clasps will be awarded on the authority of the Governor-General or
Officer Administering the Government and a notification
of such awards will be
published in the Gazette.
12. Loss
and replacement -
When a Medal or Clasp has been lost and
it is desired to replace it, a declaration must be made before a magistrate
staling the circumstances
under which the loss occurred, and the rank, name, and
corps of the person to whom the Medal or Clasp belonged. This declaration
should
be forwarded to the Governor-General through the usual channel of correspondence
in the case of a member who is still serving,
and direct in the case of a person
who has retired. The Medal and any Clasp or Clasps lost therewith will be
replaced, on payment,
if the explanation as to loss is considered
satisfactory.
13. Forfeiture and
restoration -
(a) A recipient of the Medal who suffers death by sentence of a Military Court or is dismissed or removed from his corps or regiment for misconduct shall forfeit the Medal, and any Clasp or Clasps awarded to him, unless the Governor-General shall otherwise direct.
(b) A recipient of the Medal who has been convicted of an offence of the following nature, viz., treason, sedition, mutiny, cowardice, desertion, or disgraceful conduct of an unnatural kind (under section 18(5) of the Army Act), or who, while subject to military law, is convicted by the civil power shall be liable at the discretion of the Governor-General to forfeit the Medal and any Clasp or Clasps awarded to him.
(c) A Medal and any Clasps so forfeited may be restored by the Governor-General at his discretion.
(d) A notice of forfeiture or restoration shall in every case be published in the Gazette.
FORM A
THE
EFFICIENCY
MEDAL
(FIJI)
Statement of service
.....................................................................of
the
...................................................Corps.
N.B.-Service
which under the Royal Warrant and the Regulations made thereunder is to count as
two-fold should be shown in the first place
by the actual dates of such service,
but only the equivalent single service for qualifying purposes should be carried
forward as
service in the "Total Qualifying Service"
column.
INSERT
TABLE HERE
I certify that the
above is a correct statement of the service of .............................;
that such service has been efficient
service as officially recognized; and that
his total qualifying service amounts to
........years........months.........days.
(Signed)..............................
Officer
Commanding,
...................... Corps.
This statement is to be
completed by the Commanding Officer of the Auxiliary Force in which the period
of qualifying service is completed.
Where the period of qualifying service is in
more than one Auxiliary Force the Commanding Officer signing the statement must
satisfy
himself that all service reckoned is qualifying service, and as to the
period to be so reckoned.
Where
war service is claimed as double qualifying service a separate certificate by
the applicant for the Medal will be afforded to
that effect setting out the
circumstances, e.g., that he actually served outside the territory or Colony of
the Forces of which he
was a member or that he signed or otherwise accepted
before
11th
November. 1918. An obligation to do so.
_______
LONG
SERVICE AND
GOOD
CONDUCT
(MILITARY)
MEDAL
THE MEDAL FOR
LONG SERVICE AND GOOD CONDUCT
(MILITARY)
(FIJI)
REGULATIONS
TABLE OF PROVISIONS
REGULATION
1.
Short
title
2.
Purpose of the
Medal
3.
Subsidiary title and
emblem
4.
Eligibility for award of Medal and
Clasp
5.
Qualifying
service
6.
Standard of character and conduct
required
7.
Eligibility of commissioned officers in
certain
circumstances
8.
Recommendation
9.
Award of the Medal or
Clasp
10.
Forfeiture and
restorations
---------------------------------
Made
by
the
Governor
under
the
Royal
Warrant
of
23rd
September
1930
Short title
1. These Regulations may
be cited as the Medal for Long Service and Good Conduct (Military) (Fiji)
Regulations.
Purpose of the Medal
2. The Medal for Long
Service and Good Conduct (Military) (hereinafter referred to as the Medal) and a
clasp to be attached to the
ribbon by which the Medal is suspended (hereinafter
referred to as the Clasp) are awarded for long service and good conduct by
warrant
officers, non-commissioned officers and soldiers of the Regular Force of
the Royal Fiji Military Forces who have performed the requisite
qualifying
service as hereafter
defined:
Provided that prior
service in any of the regular or permanent Forces of any other part of the
Commonwealth, duly certified, which
has not qualified for any other long
service, or efficiency award shall count towards such qualifying service to the
extent hereafter
specified.
Subsidiary title and emblem
3.-(1)
The subsidiary title "Fiji" shall be inscribed on the bar attached to the mount
of the Medal to denote that at the time when the
recipient qualified for the
award of the Medal he was serving in the Regular Force of the Royal Fiji
Military Forces.
(2) The Clasp
will be denoted by the wearing on the ribbon of a silver rose emblem, but only
when the Medal itself is not worn.
Eligibility for award of Medal and Clasp
4.-(1)
The medal will be awarded as a reward for long service and good conduct to all
warrant officers, non-commissioned officers and
soldier of the Regular Force of
the Royal Fiji Military Forces have completed eighteen years of qualifying
service as hereinafter
defined and whose character and conduct have been
irreproachable throughout their service and who are recommended by their
Commanding
Officers as being in every way worthy of the
distinction.
(2) The Clasp will be
awarded to all warrant officers, non-commissioned officers and soldiers who
having been awarded the Medal completed
a further period of eighteen years
qualifying service as hereinafter defined and whose character and conduct have
been irreproachable
throughout their service and who are specially recommended
by their Commanding Officers.
Qualifying service
5.-(1)
Subject to the provisions of this regulation, the following will count as
qualifying service for the Medal and for the
Clasp:-
(a) service in the Regular Force of the Royal Fiji Military Forces as from the date of attestation, including service under the age of eighteen years;
(b) mobilized service in the Royal Fiji Military Forces Reserves;
(c) embodied service in the Royal Fiji Military Forces Territorial Force;
(d) previous service in any of the regular or permanent Forces of any other part of the Commonwealth, to the extent that such service was permitted as reckonable towards, but had not qualified for, the Medal for Long Service and Good Conduct in the Force in which it was performed.
(2)
Leave without pay for any period in excess of twenty-eight days at any one time
shall not count as qualifying service unless granted
for a purpose considered by
the Commander, Royal Fiji Military Forces to be in the interest of the
Force.
(3) Qualifying service need
not be continuous.
Standard of character and conduct required
6.
The
standard
of
character
and
conduct
required
for
a
grading
of "irreproachable" shall normally be a
Regimental Conduct Sheet clear of adverse entries and no recommendation shall be
submitted
unless this condition has been
fulfilled;
Provided that in
exceptional and very deserving cases a recommendation for an award may be
submitted if in the opinion of his Commanding
Officer the only offences recorded
on the Regimental Conduct sheet of the warrant officer, non-commissioned officer
or soldier in
respect of whom recommendation is made are of a minor or technical
nature and there is no evidence of deliberate misconduct, and
in every such case
the recommendation shall be accompanied by a statement setting out details of
any mitigating circumstances and
the reasons why it is recommended that the
normal qualifications should be set aside.
Eligibility of commissioned officers in certain circumstances
7.-(1)
Where a warrant officer, non-commissioned officer or soldier is appointed to a
commission in the Regular Force of the Royal Fiji
Military Forces at any time
after the 2nd day of September, 1939, he shall be eligible to qualify for the
award of the Medal provided
that not less than twelve years of such service were
completed in the ranks.
(2) Where
a warrant officer, non-commissioned officer or soldier is appointed to a
commission in the Regular Force of the Royal Fiji
Military Forces at any time
after the 2nd day of September, 1939, and has completed the first nine years of
the second period of
approved qualifying service in the ranks he shall, if in
possession of the Medal, be eligible to qualify for the award of the
Clasp.
Recommendation
8.-(1)
Every recommendation for the award of the Medal or Clasp shall be initiated by
the Commanding Officer of the warrant officer,
non-commissioned officer or
soldier concerned, and, accompanied by a certificate, signed by the officer
making the recommendation,
as to the eligibility of such warrant officer,
non-commissioned officer or soldier for such award, shall be submitted by the
Commander,
Royal Fiji Military Forces through the normal channels to the
Governor-General for his
consideration.
(2) A Commanding
Officer, may, in a case where he does not wish to recommend the award of the
Medal or Clasp to a warrant officer,
non commissioned officer or soldier who
would otherwise be eligible, issue a certificate to that effect, such
certificate being noted
in the records of the warrant officer, non-commissioned
officer or soldier concerned.
Award of the Medal or Clasp
9.-(1)
The Medal or Clasp will be awarded on the authority of the Governor-General and
notification of every such award shall be published
by notice in the
Gazette.
(2) Presentation of the
Medal or Clasp should, if practicable, be made at a regimental
parade.
Forfeiture
and
restorations
10.-(1)
If the character and conduct of any person to whom the Medal or the Medal and
Clasp has been awarded ceases to be irreproachable
his Commanding Officer shall
at once withdraw the Medal or Medal and Clasp and report the case to the
Commander, Royal Fiji Military
Forces, for submission through the usual channels
to the Governor-General who may order the forfeiture of the Medal or of the
Medal
and Clasp.
(2) Any Medal or
Medal and Clasp forfeited under the provisions of this regulation may, in the
discretion of the Governor-General
be restored at any
time.
(3) Notice of every
forfeiture or restoration of the Medal or Medal and Clasp shall be published by
notice in the
Gazette.
_______
THE
VISITING
FORCES
(BRITISH
COMMONWEALTH)
ACT,
1933.
23
Geo.
5,
c.
6.
THE
VISITING
FORCES
(BRITISH
COMMONWEALTH)
(APPLICATION
TO
COLONIES,
ETC.)
ORDER
IN
COUNCIL,
1940
Made
by
His
Majesty
with
the
advice
of
the
Privy
Council
made
24th
day
of
July 1940.
Short title
1.
This Order may be cited as the Visiting
Forces (British Commonwealth) (Application to the Colonies, etc.) Order in
Council, 1940.
Interpretation
2.-(1)
In this
Order-
"territory" means a territory mentioned in the First Schedule, and in the application of the Act under this Order to any territory "the territory" means that territory;
"Governor," in relation to any territory means the person administering the government of the territory or, in the case of Zanzibar, the British Resident or the person lawfully discharging his functions;
"colonial forces" means, in relation to any territory any naval, military, or air forces raised in the territory including any police force or other body raised therein which, by virtue of any law in force in the territory, has become a naval, military or air force; and "colonial force" includes any body, contingent or detachment of any colonial forces, wherever serving:
Provided that where any colonial forces or force raised in one territory shall be present in some other territory, such forces or force shall, for the purposes of this definition in so far as it relates to sections one to three of the Act as applied by this Order, be deemed to have been raised in that other territory.
(2)
Subject to the provisions of this Order, section four of the Act as applied by
this Order shall be construed in accordance with
the provisions of section eight
of the Act except
that-
(a) the definitions of "visiting force" shall have effect as if for the words "with the consent of His Majesty's Government in the United Kingdom lawfully present in the United Kingdom" there were substituted the words "lawfully present in the territory"; and
(b) the definition of "member" shall have effect as if the word "territory" were substituted for the words "United Kingdom".
(3)
An Order under the Act as applied by this Order may be revoked or varied by a
subsequent Order.
(4) The
Interpretation Act, 1889, shall apply for the interpretation of this Order as it
applies for the interpretation of an Act
of Parliament.
Application of Section 4 of the Act
3. Section four of the Act
shall, subject to the adaptations and modifications specified in Article 2 and
the Second Schedule, apply
in relation to colonial forces raised in any
territory and in relation to officers and members thereof, as they apply in
relation
to home forces as defined in the Act and officers and members
thereof.
_______
SCHEDULES
FIRST SCHEDULE
Aden (Colony and Protectorate).
Bahamas.
Barbados.
Bermuda.
British Guiana.
British Honduras.
Ceylon.
Cyprus.
Falkland Islands.
Fiji.
Gambia (Colony and Protectorate).
Gibraltar.
Gold Coast-
(a) Colony.
(b) Ashanti.
(c) Northern Territories.
(d) Togoland under British Mandate.
Hong Kong.
Jamaica (including Turks and Caicos Islands and the Cayman Islands).
Kenya (Colony and Protectorate).
Leeward Islands-
Antigua.
Montserrat.
St. Christopher and Nevis.
Virgin Islands.
Malta.
Mauritius.
VISITING FORCES
Nigeria-
(a) Colony.
(b) Protectorate.
(c) Cameroons under British Mandate.
Northern Rhodesia.
Nyasaland Protectorate.
Palestine (excluding Trans-Jordan).
St. Helena.
Seychelles.
Sierra Leone (Colony and Protectorate).
Somaliland Protectorate.
Straits Settlements.
Tanganyika Territory.
Trinidad and Tobago.
Uganda Protectorate.
Western Pacific-
(a) British Solomon Islands Protectorate.
(b) Gilbert and Ellice Island Colony.
(c) Pitcairn Island.
(d) Any other colony, or territory under His Majesty's protection, in or in relation to which jurisdiction may lawfully be exercised under the Pacific Order in Council, 1893.
Windward Islands-
Dominica.
Grenada.
St. Lucia.
St. Vincent.
Zanzibar Protectorate.
Reference
in this Schedule to any territory of which there are dependencies shall be
construed as including a reference to such dependencies.
SECOND SCHEDULE
ADAPTATIONS
AND MODIFICATIONS
OF
SECTION FOUR OF
THE ACT.
1.
The expressions "colonial forces" and
"colonial force" shall be substituted for the expressions "home forces" and
"home force" wherever
they
occur.
2. In subsection
(2)-
(a) the words "The Governor"* shall be substituted for the words "The Admiralty, Army Council or Air Council, as the case may be"; and
(b) the words "the disposal of the Government of the territory" shall be substituted for the words "their disposal".
3.
For subsection (3) the following subsection shall be
substituted-
"(3) Whilst a member of another force is by virtue of this section attached temporarily to a colonial force, he shall be treated, and shall have the like powers of command and punishment over members of the colonial force to which he is attached, and shall be subject in all respects to the law relating to the discipline and administration of that force, as if he were a member of that force of relative rank:
Provided that the Governor may by Order direct that in relation to members of a force of any part of the Commonwealth specified in the Order, such law shall apply with such exceptions and subject to such adaptations and modifications as may be so specified.".
4.
In subsection (5) the words "by order of the Governor" shall be substituted for
the words "by order of the Admiralty, the Army
Council or the Air Council,
according as the home force is a naval, a military or an air
force".
In respect of Fiji, this
to be read as Minister (Section 5 of Fiji Independence Order
1970.)
ORDERS
MADE
UNDER
THE
VISITING
FORCES
(BRITISH
COMMONWEALTH)
(APPLICATION
TO
COLONIES,
ETC.)
ORDER
IN
COUNCIL,
1940
The
following
New
Zealand
Order
in
Council
and
Attachment
Order
are
published
for
general
information:-
VISITING FORCES (FIJI MILITARY FORCES) ORDER, 1960
1.
This Order may be cited as the Visiting
Forces (Fiji Military Forces) Order,
1960.
2. Notwithstanding anything
in the New Zealand Army Act 1950, that Act shall apply to every member of the
military forces of Her Majesty
raised in Fiji (hereinafter referred to as the
Fiji Military Forces) who may from time to time be attached temporarily to the
home
forces, with the following
modifications:-
(a) When any Court Martial is convened for the trial of a member of the Fiji Military Forces, the maximum practicable number of officers of the Fiji Military Forces shall be appointed members of the Court Martial, and no member of the Fiji Military Forces shall be tried by Court Martial unless at least one officer of the Fiji Military Forces is a member of the Court Martial;
(b) No sentence of death passed by a Court Martial shall be carried into effect unless it is approved by the Governor-General of Fiji;
(c) A sentence of cashiering, dismissal, discharge with ignominy, or discharge imposed by a Court Martial shall be confirmed only to the extent approved by the Commander, Fiji Military Forces;
(d) The punishment awarded to any member of the Fiji Military Forces shall not be more severe than that permitted by military law in Fiji for the same offence.
T.
J. SHERRARD,
Clerk of the Executive
Council.
ATTACHMENT ORDER
Pursuant to section 6 (2)
of the Visiting Forces Act 1939, the New Zealand Army Board hereby attaches
temporarily as from the first
day of June 1960 to the Military Forces of Her
Majesty raised in New Zealand such members of the military forces of Her Majesty
raised
in Fiji as have been placed at the disposal of the Army Board in
pursuance of the Disposal Order known as the Visiting Forces (Attachment
of
Members of the Fiji Military Forces to Service Authorities of New Zealand) Order
1960 made by the Governor of Fiji at Suva on
the sixth day of April 1960 under
section 4 (2) (ii) of an Act of Parliament of the United Kingdom entitled the
Visiting Forces (British
Commonwealth) Act 1933 as applied to Fiji by the
Visiting Forces (British Commonwealth) (Application to the Colonies etc.) Order
in Council 1940 as amended by the Visiting Forces (British Commonwealth)
(Application to the Colonies etc.) Order in Council
1942.
Signed for and on behalf of
the Army Board this 19th Day of July,
1960.
W. S.
McKINNON,
Brigadier,
Adjutant-General.
A. N. V.
DOBBS,
Army Secretary.
Order 6th April 1960
VISITING FORCES
(ATTACHMENT OF MEMBERS OF THE
FIJI
MILITARY FORCES TO SERVICE
AUTHORITIES OF NEW ZEALAND)
ORDER
1.
Pursuant to section 4 (2) (ii) of the
Visiting Forces (British Commonwealth) Act, 1933, and the Visiting Forces
(British Commonwealth)
(Application to the Colonies, etc.) Order in Council,
1940, as amended by the Visiting Forces (British Commonwealth) (Application
to
the Colonies etc.) Order in Council, 1942, the Governor of Fiji hereby places at
the disposal of the Service Authorities of New
Zealand as from the coming into
effect of this Order every member of the military forces of Her Majesty raised
in Fiji who is posted
for duty with, serving on the strength of, or is on loan
or attached to the military forces of Her Majesty raised in New
Zealand.
2. This Order may be
cited as the Visiting Forces (Attachment of members of the Fiji Military Forces
to Service Authorities of New
Zealand) Order, 1960, and shall come into effect
on the 1st day of June, 1960.
________________________-
THE
VISITING FORCES ACT,
1952
15 & 16
GEO. 6 & I Eliz. 2, c. 67.
THE
VISITING FORCES ACT (APPLICATION TO COLONIES)
ORDER,
1954
Made-13th
May
1954
Coming
into
Operation
12th
June
1954
Made
by
the
Councillors
of
State
on
the
advice
of
the
Privy
Council
1.
This
Order
may
be
cited
as
the
Visiting
Forces
Act
(Application
to Colonies) Order,
1954.
2. Subject to the
adaptations, modifications and exceptions specified in the Second Schedule the
provisions of the Act
as
from
time
to
time
amended
other than section 15 thereof shall extend to the territories mentioned in the
First
Schedule.
(Amended
by
Order
13rd
June
1960)
3.-(1)
In this Order the expression "territory" means a territory mentioned in the
First Schedule and in the application of the Act under
this Order to any
territory "the Territory" means that
territory.
(2) The Interpretation
Act, 1889, shall apply for the purpose of interpreting this Order as it applies
for the purpose of interpreting
an Act of Parliament.
FIRST SCHEDULE
Aden (Colony and Protectorate).
Cyprus.
Fiji.
Gibraltar.
Hong Kong.
Malta.
Singapore.
(Reference
in this Schedule to any territory of which there are dependencies shall be
construed as including a reference to such dependencies.)
SECOND SCHEDULE
ADAPTATIONS,
MODIFICATIONS AND EXCEPTIONS TO BE MADE
IN
THE APPLICATION
OF THE ACT TO THE TERRITORY.
1.-(1)
For the words "United Kingdom" wherever they occur there shall be substituted
the word "Territory"
except-
(i) in paragraph (a) of subsection (1) of section 10;
(ii) in the expression "citizen of the United Kingdom and Colonies";
(iii) in the expression "Her Majesty's Government in the United Kingdom";
and
(iv) in any other context in which the following provisions of this Schedule
otherwise require.
(2)
For the words "United Kingdom court" wherever they occur there shall be
substituted the words "court of the
Territory".
(3) For the words
"United Kingdom law" wherever they occur except in sub-section (4) of section 10
there shall be substituted the
words "the law of the
Territory".
(4) For the words "the
Secretary of State", "the Minister of Defence" or "the said Minister", wherever
they occur there shall be substituted
the words "the
Governor".*
2.-(1)
For paragraph
(b)
of subsection (1) of section I there shall be substituted the following
paragraph:-
"(b) Any country which, by Order in Council under the next following subsection, is designated in respect of the Territory for the purposes of that provision.".
(2)
In subsection (2) of section I immediately after the words "should have effect"
there shall be inserted the words "in the Territory";
and for the words "Her
Majesty may by Order in Council designate that country for the purposes of the
provisions in question" there
shall be substituted the words "Her Majesty may by
Order in Council designate that country in respect of the Territory for the
purposes
of the provisions in
question".
* In respect of Fiji,
this to be read as Minister (section 5 of Fiji Independence Order
1970)
(3) In subsection (3) of
section I immediately after the words "in so far as this Act has effect" there
shall be inserted the words
"in the
Territory".
(4) Subsection (4) of
section 1 shall be
omitted.
3.-(1)
In subsection (1) of section 2 for the words "any of Her Majesty's ships or
aircraft" there shall be substituted the words "any
ships or aircraft belonging
to Her Majesty in right of the
Territory".
(2) For subsection (6)
of section 2 there shall be substituted the following
sub-section:-
"(6) For the purpose of enabling the service courts and service authorities of a country to which this section applies to exercise more effectively the powers referred to in subsection (1), the Governor may, if so requested by the appropriate authority of that country, from time to time by general or special orders direct members of United Kingdom forces or local forces to arrest any person, being a member of a visiting force of that country, who is alleged to be guilty of an offence punishable under the law of that country and to hand him over to such service authority of that country as may be designated by or under the orders.".
4.-(1)
Save as otherwise provided by sub-paragraph (2) of this paragraph, in paragraph
(a)
of subsection (3) of section 3 for the words "the Director of Public
Prosecutions (in the case of a court in England or Wales), the
Lord Advocate (in
the case of a court in Scotland) or the Attorney-General for Northern Ireland
(in the case of a court in Northern
Ireland)" there shall be substituted the
word "the Governor".
(2) In the
application of the Act to Fiji, Gibraltar and Hong Kong for the words in
paragraph
(a)
of subsection (3) of section 3 that are referred to in sub-paragraph (1) of this
paragraph there shall be substituted the words "the
Attorney-General".
(3)
For
subsection
(6)
of
section
3
the
following
subsection
shall
be
substituted:-
"(6) In this section the expressions "offence against the person" and
"offence against property" shall be construed as meaning offences against the law of the Territory which are analogous to offences within the meaning of those expressions construed in accordance with paragraphs 1 and 3 of the Schedule to this Act:
Provided
that, if the legislature of the Territory, for the removal or avoidance of
doubts, provide by law that a specified offence
against the law of the Territory
is analogous as aforesaid, the provision so made shall in relation to the
Territory, have effect
as if it formed part of this
subsection.".
5.-(1)
In subsection (2) of section
5-
(a) for the words "a constable" there shall be substituted the words "a member of the police force of the Territory";
(b) for the words and figures "section thirty-eight of the Summary Jurisdiction Act, 1879" there shall be substituted the words "any law of the Territory";
(c) for the words "a court of summary jurisdiction", wherever they occur, there shall be substituted the words "a court of the Territory";
(d) for the words "the said section thirty-eight" there shall be substituted the words "the law of the Territory".
(2)
Subsections (3) and (4) of section 5 shall be
omitted.
6. For subsections (4),
(5), (6) and (7) of section 7 there shall be substituted the following
subsections:-
"(4) Any law of the Territory restricting the removal out of the Territory of the body of a deceased person shall not apply to the body of a person who at the time of his death had a relevant association with a visiting force:
Provided that this subsection shall not apply as respects the body of a person concerning whose death, by virtue of a direction of the Governor under subsection (1) or (3), an inquest is required to be held or, if begun, is required to be resumed.
(5) Notwithstanding any thing in any law of the Territory relating to certificates to be given to persons giving information concerning deaths, a certificate shall not be given under such law to the person giving information concerning a death if that person states that the body is one as respects which the last foregoing subsection has effect and that it is proposed to remove the body out of the Territory.
(6) In this section-
'coroner' includes any person having jurisdiction in the Territory to hold an inquest; references to an inquest shall be construed as including references to an inquiry; and
'homicide' includes the offences of murder, manslaughter and infanticide, any offence under the law of the Territory which is analogous to the offence of murder, manslaughter or infanticide, and any offence under the law of the country in question which is analogous to any of the offences aforesaid.".
7.
In section
8-
(a) for the words "Her Majesty may by Order in Council" wherever those words occur there shall be substituted the words "the Governor may by order";
(b) for the words "home forces" wherever those words occur there shall be substituted the words "United Kingdom forces or local forces";
(c) in subsection (4) for the words "An Order in Council" there shall be substituted the words "An order" and for the words "Her Majesty in Council" there shall be substituted the words "the Governor";
(d) subsections (5) and (6) shall be omitted; and
(e) for subsection (7) there shall be substituted the following subsection:-
"(7) in this section-
'enactment' means any law enacted by the legislature of the Territory whether passed before or after the passing of this Act, and includes any instrument having effect under an enactment;
'property' includes both immovable and movable property.".
8.-(1)
Subject to sub-paragraph (2) of this paragraph in subsection (1) of section 9
for the words "defrayed out of moneys provided by
Parliament" there shall be
substituted the words "charged on the revenues of the
Territory".
(2) In the application
of the Act to Malta subsection (1) of section
9
shall have effect as if all words in that subsection which follow the words "as
may be provided by the arrangements" were
omitted.
9. In subsection (4) of
section
10
for the words "United Kingdom law" there shall be substituted the words "law of
the Territory".
10. In subsection
(1) of section
12-
(a) the definition of "Her Majesty's ships or aircraft" shall be omitted;
(b) the definition of "home forces" shall be omitted and the following definition shall be inserted immediately after the definition of "service law":-
""United Kingdom forces" means any of the forces of Her Majesty raised in the United Kingdom and for the time being serving in the Territory;"
(c) immediately before the definition of "member" there shall be inserted the following definition:-
""local forces" means any of the forces raised in a colony, a protectorate or protected state within the meaning of the British Nationality Act, 1948, or a United Kingdom trust territory as defined in that Act and includes any police force or other body raised in the Territory which, by virtue of any law of the Territory, has become a naval, military or air force."
11.-(1)
In subsections (1) to (3) of section
13
the references to paragraph (9) of section
154
of the Army Act and the proviso to sub-section (1), shall be omitted;
and
(2) For subsections (4) and
section 13 there shall be substituted the following
subsection:-
"(4) (a) Subject to the provisions of paragraph (b), section 135 of the Army Act (which provides that arrangements may be made for the reception in any prison in a colony of prisoners, deserters or absentees without leave, and that the governor of any prison to which any such arrangement relates shall be under the same obligation as the governor of a prison in the United Kingdom to receive and detain such prisoners, deserters and absentees without leave) shall within the Territory apply in relation to deserters and absentees without leave from the forces of any country to which this section applies as it applies in relation to deserters and absentees without leave from Her Majesty's service.
(b) For the purpose of the application within the Territory of the said section 135 of the Army Act in relation to deserters and absentees without leave from the forces of a country to which this section applies (in this paragraph referred to as "the said country")-
(i) the reference in the said section 135 to a Secretary of State, where that reference first occurs, shall be construed as if it were a reference to the appropriate authority of the said country; and
(ii) the references to deserters and absentees without leave in section 131 of the Army Act (which imposes on the governor of a prison in the United Kingdom duties as to the reception of prisoners, deserters and absentees without leave) shall be construed as including references to deserters and absentees without leave from the forces of the said country.".
12.
In paragraph
(a)
of section 14 for the words "the Secretary of the Admiralty, the Secretary of
the Army Council or the Secretary of the Air Council"
there shall be substituted
the words "the
Governor".
13.-(1)
For subsection (1) of section 17 there shall be substituted the following
subsection:-
"(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:-
'Attorney-General' means the Attorney-General of the Territory and any reference to the Attorney-General shall be construed as including a reference to any person who is for the time being performing the functions of the office of Attorney-General;
'court of the Territory' means a court exercising jurisdiction in the Territory under the law of the Territory otherwise than by virtue of section 2 of this Act;
'forces', in relation to a country, means any of the naval, military or air forces of the country;
* 'Governor', means the person for the time being administering the government of the Territory;
* In respect of Fiji, reference should be made to Minister.
'law of the Territory' means law in force in the Territory or in any part thereof;
'legislature of the Territory' includes any authority having power to make laws for the Territory.".
(2)
In subsection (5) of section 17 the words "and in this subsection the expression
'enactment' includes an enactment of the Parliament
of Northern Ireland" shall
be omitted.
14. Subsection (2) of
section 19 shall be omitted.
______________________-
FOREIGN
ENLISTMENT ACT,
1870
33
&
34
Vict.,
c.
90.
Proclamation
9th
June
1906
[in
force
15th
June
1906;
Proclamation
by
the
Governor
The
Act is in full operation in Fiji.
1965 No. 1203
THE
UNITED
KINGDOM
FORCES
(JURISDICTION
OF
COLONIAL
COURTS)
ORDER
1965
Made...............................
1st
June
1965
Laid
before
Parliament.........
9th
June
1965
Coming
into
Operation.........
10th
June
1965
Made
by
Her
Majesty
with
the
advice
of
the
Privy
Council.
Citation
1.
This Order may be cited as the United
Kingdom Forces (Jurisdiction of Colonial Courts) Order 1965.
Application and interpretation
2.-(1) This Order shall
apply to each of the territories specified in the Schedule and in its
application to any territory references
in this Order to "the Territory" mean
that territory.
(2) In this
Order-
"coroner" means any person or authority having jurisdiction under the law of the Territory to hold inquests;
"court of the Territory" means a court exercising jurisdiction in the Territory other than a service court;
"dependant" in relation to any person means any of the following:-
(a) the wife or husband of that person; and
(b) any other person wholly or mainly maintained by him or in his custody, charge or care;
"Governor" means the officer for the time being administering the government of the territory;
"Her Majesty's forces" means the naval, military or air forces of Her Majesty in right of Her Government in the United Kingdom but does not include a force raised under a law enacted by the legislature of the Territory;
"law of the Territory" means law for the time being in force in the Territory or any part thereof;
"service court" means an officer or court exercising jurisdiction under the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955 and includes a confirming officer or reviewing authority under any of those Acts.
(3)
In this Order a reference to the holder of an office by the term designating his
office shall be construed as including, to the
extent of his authority, a
reference to any person for the time being authorised to exercise the functions
of that office.
(4) The
Interpretation Act 1889 shall apply, with the necessary adaptations, for the
purpose of interpreting this Order and otherwise
in relation thereto as it
applies for the purpose of interpreting or in relation to Acts of the Parliament
of the United Kingdom.
(5)
References in this Order to a member of a civilian component of any of Her
Majesty's forces are references to persons (being persons
subject to the
jurisdiction of a service court) of any such description as may be prescribed by
order made by the Governor of the
Territory.
(6) References in this
Order to a person's having at any time a relevant association with Her Majesty's
forces are references to his
being at that time a person of one or other of the
following descriptions, that is to
say:-
(a) a member of Her Majesty's forces or a member of a civilian component of any of those forces;
(b) a person who is a dependant of any such member.
(7)
References in this Order to any law are references to that law as from time to
time amended or extended by or under any other
law.
(8) In the exercise of the
powers conferred upon him by this Order the Governor shall not be obliged to
obtain the advice of or otherwise
to consult with any other person or authority
in the Territory.
Restriction of trial of service offenders by courts of Territory
3.-(1)
Subject to the provisions of this section, a person charged with an offence
against the law of the Territory shall not be liable
to be tried for that
offence by a court of the Territory if at the time that the offence is alleged
to have been committed he was
a member of Her Majesty's forces or a member of a
civilian component of any of these forces
and-
(a) the alleged offence, if committed by him, arose out of and in the course of his duty as a member of Her Majesty's forces or a member of that civilian component, as the case may be; or
(b) the alleged offence is an offence against the person, and the person or, if more than one, each of the persons in relation to whom it is alleged to have been committed had at the time thereof a relevant association with Her Majesty's forces; or
(c) the alleged offence is an offence against property, and the whole of the property in relation to which it was alleged to have been committed (or, in cases where different parts of that property were differently owned, each part of the property) was at the time thereof the property either of a department of the Government of the United Kingdom or of some other authority of the United Kingdom or of Her Majesty's forces or of the Navy, Army and Air Force Institutes or of any other institution or organization operating for the benefit of Her Majesty's forces that is prescribed by order of the Governor of the Territory or the property of a person having such an association as aforesaid.
(2)
Nothing in subsection
(1)-
(a) shall prevent a person from being tried by a court of the Territory in any case where a certificate is issued by or on behalf of the Governor, either before or in the course of the trial, that the officer commanding Her Majesty's forces in the Territory has notified the Governor that it is not proposed that the case should be dealt with by a service court; or
(b) shall affect anything done or omitted in the course of a trial unless in the course thereof objection has already been made that by reason of that subsection the court is not competent to deal with the case; or
(c) shall, after the conclusion of a trial, be treated as having affected the validity thereof if no such objection was made in the proceedings at any stage before the conclusion of the trial.
(3)
In relation to cases where the charge (by whatever words expressed) is a charge
of attempting or conspiring to commit an offence,
or of aiding, abetting,
procuring or being accessory to the commission of an offence, paragraphs
(b)
and
(c)
of subsection (1) shall have effect as if references in those paragraphs to the
alleged offence were references to the offence which
the person charged is
alleged to have attempted or conspired to commit or, as the case may be, the
offence as respects which it is
alleged that he aided, abetted, procured or was
accessory to the commission thereof; and references in those paragraphs to
person
in relation to whom, or property in relation to which, the offence is
alleged to have been committed shall be construed
accordingly.
(4) Nothing
in
this section shall be construed as
derogating from the provisions of any law of the Territory restricting the
prosecution of any proceedings
or requiring the consent of any authority to the
prosecution thereof.
(5) The
Governor of the Territory may by order prescribe the offences against the law of
the Territory which shall respectively be
offences against the person and
offences against property for the purposes of this
section.
(6) Nothing in this
section shall be construed as precluding a court of the Territory from trying
any person for an offence against
the law of the Territory in respect of which
he has, before the date on which this Order was made, been charged before a
court of
the Territory.
Courts of Territory not to try offences tried by service courts
4. Without prejudice to
the provisions of section 3, where a person has been tried by a service court he
shall not be tried for the
same crime by a court of the
Territory.
Saving of powers of arrest, etc.
5. Nothing in sections 3
or 4 shall
affect-
(a) any powers of arrest, search, entry, seizure or custody exercisable under the law of the Territory with respect to offences committed or believed to have been committed against that law; or
(b) any obligation of any person in respect of a recognizance or bail bond entered into in consequence of his arrest, or the arrest of any other person, for such an offence; or
(c) any power of any court to remand (whether on bail or in custody) a person brought before the court in connection with such an offence.
Coroners'
inquests
6.-(1)
If any coroner having jurisdiction to hold an inquest touching a death
is
satisfied that
the
deceased person at the time of his death
had a relevant association with Her Majesty's forces, then, unless the Governor
otherwise
directs, the coroner shall not hold the inquest or, if the inquest has
been begun but not completed, shall adjourn the
inquest.
(2) Subject to the
provisions of subsection (1), if on an inquest touching a death the coroner is
satisfied-
(a) that a person who is subject to the jurisdiction of a service court has been charged before a service court with the homicide of the deceased person, whether or not that charge has been dealt with; or
(b) that such a person is being detained by an authority of the United Kingdom with a view to being so charged,
then,
unless the Governor otherwise directs, the coroner shall adjourn the
inquest.
(3) Where an inquest is
adjourned under this section, the coroner shall not resume it except on the
direction of the Governor.
(4)
Where an inquest is adjourned under this section, the jury (if any) shall be
discharged; and if the inquest is resumed the coroner
shall proceed in all
respects as if the inquest had not previously been begun except that any
requirement to view the body shall
not apply.
Evidence
7.-(1)
For the purposes of this Order a certificate issued by or on behalf of the
officer commanding Her Majesty's forces in the Territory,
slating that at a time
specified in the certificate a person so specified either was or was not a
member of Her Majesty's forces
shall in any proceedings in any court of the
Territory be sufficient evidence of the fact so stated unless the contrary is
proved.
(2) For the purposes of
this Order a certificate issued by or on behalf of the officer commanding Her
Majesty's forces in the Territory,
staling as respects a person specified in the
certificate,-
(a) that he has been charged before a service court with the homicide of a deceased person or is detained in custody by an authority of the United Kingdom with a view to being so charged; or
(b) that he has been tried, at a time and place specified in the certificate, by a service court for a crime so specified,
shall
in any proceedings in any court of the Territory be conclusive evidence of the
facts so stated.
(3) Where a
person is charged with an offence against the law of the Territory and at the
time when the offence is alleged to have
been committed he was a member of Her
Majesty's forces or a member of a civilian component of any of those forces, a
certificate
issued by or on behalf of the officer commanding Her Majesty's
forces in the Territory, staling that the alleged offence, if committed
by him,
arose out of and in the course of his duty as a member of Her Majesty's forces
or that component, as the case may be, shall
in any such proceedings as
aforesaid be sufficient evidence of that fact unless the contrary is
proved.
SCHEDULE
Aden.
Basutoland.
Bechuanaland Protectorate.
British Antarctic Territory.
British Guiana.
British Solomon Islands Protectorate.
Cayman Islands.
Central and Southern Line Islands.
Dominica.
Falkland Islands (Colony and Dependencies).
Fiji-
Gibraltar.
Gilbert and Ellice Islands Colony.
Grenada.
Hong Kong.
Kamaran.
Kuria Muria Islands.
Mauritius.
Perim.
Pitcairn, Henderson, Ducie and Oeno.
St. Helena.
St. Lucia.
St. Vincent.
Seychelles.
Swaziland.
____________________
UNITED
KINGDOM FORCES (JURISDICTION (OF COLONIAL COURTS) (PRESCRIBED MEMBER OF A
CIVILIAN COMPONENT OF HER MAJESTY'S
FORCES)
SECTION
2-UNITED
KINGDOM FORCES (JURISDICTION OF COLONIAL COURTS) (PRESCRIBED MEMBER OF A
CIVILIAN COMPONENT OF HER MAJESTY'S FORCES) ORDER
Order
21st
October
1
Made
by
the
Minister
Short title
1.
This Order may be cited as the United
Kingdom Forces (Jurisdiction Colonial Courts) (Prescribed Member of a Civilian
Component of
Her Majesty's Forces) Order.
Prescribed member of a civilian component of Her Majesty's Forces
2. For the purpose of
subsection (5) of section 2 of the principal Order person is a prescribed member
of a civilian component of
any of Her Majesty's forces if, and is not qualified
to be such a member unless, he is a person who subject to the jurisdiction of
a
service court by virtue of the nature of his service employment (not being in
service or employment as a member of Her Majesty's
forces) and in respect of
whom a certificate has been issued by or on behalf of the officer commanding Her
Majesty's forces in
Fiji-
(a) that he has been engaged for such service or employment in a place outside Fiji; or
(b) that he has been engaged for such service or employment in Fiji upon terms that render him liable for duty outside Fiji; or
(c) that he has been engaged for such service or employment in Fiji and is a dependant of-
(i) a member of Her Majesty's forces; or
(ii) a person who has been engaged for such service or employment in a place outside Fiji; or
(iii) a person who has been so engaged in Fiji upon terms that render him liable for duty outside Fiji,
as the case may be.
SECTION 3-UNITED KINGDOM FORCES (JURISDICTION OF COLONIAL COURTS) (PRESCRIBED INSTITUTIONS AND ORGANISATIONS) ORDER
Order
21st
October
1968
Made
by
the
Governor
Short title
1.
This Order may be cited as the United
Kingdom Forces (Jurisdiction of Colonial Courts) (Prescribed Institutions and
Organisations)
Order.
Prescribed institutions and organisations
2. The following
institutions and organisations are prescribed as institutions and organisations
operating for the benefit of Her
Majesty's Forces for the purposes of section 3
of the principal
Order:-
Navy, Army and Air Force Institute.
R.N. Film Corporation.
Army Cinema Corporation.
R.A.F. Cinema Corporation.
Combined Services Entertainments.
British Forces Broadcasting Services.
Army Benevolent Fund Organisation.
British Red Cross Society.
The Venerable Order of St. John of Jerusalem.
St. Andrew's Ambulance Association.
Soldiers' Sailors' and Airmen's Families Association.
Women's Voluntary Service.
Soldiers' and Airmen's Scripture Readers Association.
Forces Help Society and Lord Roberts Workshops.
Malcolm Clubs.
British Sailors' Society.
Missions to Seamen.
Services Central Book Depot.
Royal Naval Lay Readers Society.
Council for Voluntary Welfare Work and its constituent and affiliated members,
that is to say:-
National Council of Y.M.C.A.'s of Great Britain.
Young Women's Christian Association of Great Britain.
The Salvation Army (Red Shield Services).
Catholic Women's League Services' Clubs Committee.
The Church Army.
The Church of Scotland Committee on Hut and Canteen Work for H.M.
Forces.
Toe H.
Methodist Church Forces Centres.
Church of England Soldiers', Sailors' and Airmen's Clubs.
Mission to Mediterranean Garrisons.
Hibbert Houses.
Sandes Soldiers' and Airmen's Homes.
Miss Agnes Westons Royal Sailors' Rests.
SECTION 3-UNITED KINGDOM FORCES (JURISDICTION OF COLONIAL COURTS) (PRESCRIBED OFFENCES) ORDER
Order
21st
October
1968
Made
by
the
Governor
Short title
1.
This Order may be cited as the United
Kingdom Forces (Jurisdiction of Colonial Courts) (Prescribed Offences)
Order.
Prescribed offences against the person
2. The following offences
against the law of Fiji are prescribed as offences against the person for the
purposes of section 3 of the
principal
Order:-
(a) any offence punishable under any of the sections of Chapter XX of the Penal Code;
(b) any offence punishable under any of the sections of Chapter XXII of the Penal Code;
(c) any offence punishable under any of the sections of Chapter XXX of the Penal Code.
Prescribed offences against property
3. The following offences
against the law of Fiji are prescribed as offences against property for the
purposes of section 3 of the
principal
Order-
(a) any offence punishable under any of the sections of Part XXVII of the Penal Code;
(b) any offence punishable under any of the sections of Part XXVIII of the Penal Code;
(c) any offence punishable under any of the sections of Part XXXI of the Penal Code;
(d) an offence punishable under section 307 of the Penal Code;
(e) any offence punishable under any of the sections of Part XXXIII of the Penal Code;
(f) any offence punishable under any of the sections of Part XXXIV of the Penal Code;
(g) an offence punishable under section 41 of the Traffic Act.
Controlled by Ministry of Home Affairs
---------------------------------------------------
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