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LAWS OF FIJI
BACK ROYAL FIJI MILITARY FORCES _______ TABLE OF PROVISIONS _______ PART I—PRELIMINARY SECTION 1. Short title 2. Interpretation 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 19. Cadets' liability for training 21. Applicability of section 20 to Territorial officers 22. Not entitled to discharge when on continuous service or on active service 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 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 43. (Repeated) 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 (Repealed) 45. (Repealed) 46 (Repealed) 47 (Repealed) 48 (Repealed) 49 Regular officer on Active List deemed holder of pensionable post 50 Provisions for retired pay, pensions, etc., not to apply in respect of person seconded 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 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 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 Short title
Establishment and function of 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. Provided that no officer or soldier of the Forces shall be liable to serve or proceed on duty without his consent out of Fiji. (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) (2) An officer appointed to the Regular Force shall be appointed either—
(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, (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.) (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. 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. (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. Cadet Units Calling out for continuous 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. Application of Army Act
* 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.) (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—
Provided that no person shall be punished twice for the same offence. (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. * Delegated to Commander by Notice 11th November, 1965. (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.) 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. Right of appeal 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. (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—
(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. 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. (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—
(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. (Cap. 12)
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.) (Cap. 80.) Appearance of Commander (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. (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.) (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. 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.) (2) Any officer or soldier of the Forces who—
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. 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. Storage of gunpowder
Regulations
_______ CHAPTER 81 ROYAL FIJI MILITARY FORCES SECTION 59 (1)— AUTHORITY TO INSPECT AND RECEIVE ARMS, ETC. Made by the Governor the Commissioner, Western Division, the Commissioner. Eastern Division. SECTION 67—ROYAL FIJI MILITARY FORCES REGULATIONS _______ TABLE OF PROVISIONS _______ 1. Short title 2. Duty to obey Regulations 3. Queen's Regulations 4. Board of Inquiry 6. Numerical establishment, Territorial Force 7. Corps 8. Unit establishment 10. Powers of Commander 11. Communication of information 13. Promotion
Schedule—Oath of Allegiance 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. Queen's Regulations Boards of inquiry (Amended by Regulations 15th January 1952 and 10th November 1954.) 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 (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. Powers of officers (3) A subordinate commander may impose as an alternative punishment a fine not exceeding $2. (Inserted by Regulations 29th December 1966.) Rank on first appointment (2) First appointment to commissioned rank in the Fiji Army Medical Corps shall be, except in special cases, to lieutenant.
(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. December 1966.) (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.) (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—
12th March 1969.)
(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. (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.
(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 * See Legal Notice No. 112 of 1970 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
(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. Relinquishment of Commission by reason of absence * See Legal Notice No. 112 of 1970.
Provided that this regulation shall not apply in the case of an officer on retired pay. (Inserted by Regulations 10th October 1956.) (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. (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. (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. (2) A soldier who—
Preliminary training * Substituted by Regulations 19th June 1962. (2) The training year shall be the calendar year. In such training year territorial officers and soldiers of the Territorial Force shall undergo—
Care of arms, etc. (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". Service of band * See Legal Notice No. 112 of 1970. OATH OF ALLEGIANCE Signature. Sworn before me this day of , 19 . Magistrate, Justice of the Peace, or An officer of Her Majesty's Forces. _______ _______ 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
* See Legal Notice No. 159 of 1977.
Eligibility to enrol 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. (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
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
(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. * See Legal Notices Nos. 61 of 1973, 36 of 1976, 104 of 1977, 165 of 1977, 20 of 1983. 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. (a) Annual Leave (b) Vacation Leave (c) Long Service Leave (d) Sick Leave (e) Bereavement Leave (f) Embarkation Leave
Category D: Colonels and Lieutenant Colonels. (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. (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. (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 • See Legal Notice No. 20 of 1983. 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. (a) soldier included in Category A—
(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. (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 * See Legal Notice No. 20 of 1983. any calendar year in accordance with the following scales related to the length of aggregate service:—
Provided that such leave may not be granted where the sickness, illness or injury is either self-inflicted or occasioned through misconduct. (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+.) EFFICIENCY DECORATION REGULATIONS Made by the Governor under the authority of the Royal Warrant of 23rd September 1930 * See Legal Notice No. 20 of 1983. + See Legal Notice No. 159 of 1977. 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—
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. THE EFFICIENCY DECORATION (FIJI) 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.
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 REGULATIONS of 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—
H. No service shall count more than two-fold towards the award of the Medal and Clasps.
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—
THE EFFICIENCY MEDAL (FIJI) ……………………………………………Corps. N.B.—Service which under the Royal Warrant and the Regulations ma< 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 tote qualifying service amounts to ........years........months.........days.
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 Short title 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. (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. (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.
(3) Qualifying service need not be continuous. 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. (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. 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. (2) Presentation of the Medal or Clasp should, if practicable, be made at a regimental parade. (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. 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.
(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—
(4) The Interpretation Act, 1889, shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. CHECK !!!– YET TO BE FORMATTED FROM HERE ONWARDS! 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 I. 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 Euz. 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".
Act has effect" there shall be inserted the words "in the Territory". (4) Subsection (4) of section I 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 I 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 infanti- cide, 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. II.—(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; 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. * In respect of Fiji, reference should be made to Minister. 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 ( mrtirtMinf mr D1·c\ npnnun lorr SECTION 2—UNITED KINGDOM FORCES (JURISDICTION OF COL NIAL COURTS) (PRESCRIBED MEMBER OF A CIVILIAN COMP NENT OF HER MAJESTY'S FORCES) ORDER Order 21st October I 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 Majest 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 Majest 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 Maiest 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 COLO- NIAL COURTS) (PRESCRIBED INSTITUTIONS AND ORGANISA- TIONS) 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 COLO- NIAL 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 1. 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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