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LAWS OF FIJI
RETURN TO LAWS
BACK
CHAPTER 81
ROYAL FIJI MILITARY FORCES
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TABLE OF PROVISIONS
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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 (Repealed)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. (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 (Repealed)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 (Repealed)
46 (Repealed)
47 (Repealed)
48 (Repealed)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
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
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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—
- 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—
- 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
- 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—
- to officers of the Forces and soldiers of the Regular Forces at all times;
- to soldiers of the Territorial Force and the Reserve when on military service.
(2) The modifications to be made are as follows:—
- the word "Governor-General" may be read for the words "Army Council" and "Secretary of State";
- 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
- 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—
- 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;
- 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—
- makes default in attending or being in attendance; or
- refuses to take an oath or affirmation which the Board of Inquiry, Regimental Inquiry or court martial lawfully requires him to take; or
- 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
- refuses to answer any question which the Board of Inquiry, Regimental Inquiry or court martial lawfully requires him to answer; or
- 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.
(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.)
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
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—
- to forward the application to the Registrar of the Court of Appeal with as much expedition as possible; and
* Part VI inserted by 2 of 1966, s. 3.
- 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—
- 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
- 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—
- 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
- 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—
- 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
- by negligence causes damage by fire to any public or service property; or
- loses, or by negligence damages, any clothing, arms, ammunition or other equipment issued to him for his use for military purposes; or
- fails to take proper care of any animal or bird used in the public services which is in his charge; or
- 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.
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:—
- 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
- 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—
- 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
- 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:—
- the numerical establishment of the Regular and Territorial Forces, and the various grades, ranks and appointments therein;
- the terms of service and appointment, duties, promotion, seniority, transfer, leave, resignation and release from service of officers;
* Delegated to Commander by Order 11th November 1965.
- the enlistment, posting, transfer, leave, promotion, reduction discharge, dismissal and general terms of service of soldiers of the Forces;
- the discipline of the Forces;
- offences and the officers who may deal with offenders and the power o officers to award punishment;
- 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;
- the issue and care of arms, accoutrements, ammunition, supplies animals and transport, clothing and equipment for the Forces and for cadets;
- the conveyance by air, road, rail or water of officers and soldiers and their transport and equipment when travelling on duty;
- the general government, control and management of the Forces;
- Territorial and Reserve training;
- the control and management of Cadet Units;
- the requisitioning of goods or accommodation in time of war or emergency;
- offences by persons confined in military prisons and detention barracks; and
- 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
- Recommendation
- Selection
- Temporary and acting rank
- Service
- Period of command
- Retirement
- Short service Regular Commissions
- Resignation
- Posting back to Active List
- Change of address
- Precedence
- Oath
- Rent
- Relinquishment of Commission by reason of absence
SOLDIERS— ENLISTMENT, ETC.
Medical standards
Attestation
Re-engagement
Discharge
TERRITORIAL TRAINING
Preliminary training
Exemption
DRESS AND EQUIPMENT
Care of arms, etc.
Approval of Governor-General for alterations in dress, etc.
Badge
GENERAL
37. Service of band
Schedule—Oath of Allegiance
_______
Regulations 31st August 1949, 3rd December 1949, 15th January 1952, 29th Jul'
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
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 Regulation' 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.
* See Legal Notice No. 50 of 1969.
+ See Legal Notice No. 112 of 1970.
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—
- is in the appropriate following rank for the following period:—
| Rank
|
Period
|
| Second-Lieutenant.......................................
|
1 year
|
| Lieutenant...............................................….
|
6 years
|
| Captain...................................................…..
|
7 years;
|
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
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—
- this paragraph shall not enable the continuance of temporary rank for more than three months at any one time;
- 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:—
- Lieutenants, Captains, Majors belonging to the Fiji Artillery, Corps of Fiji Engineers, Corps of Fiji Signals, Fiji Infantry Corps.......................................................................………… 47
- 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
- Lieutenant-Colonels.........................................................……….. 50
- 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—
- all regimental claims have been paid;
- he is aware of any outstanding public claim against the officer;
- there is any objection to resignation being sanctioned;
- 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*.)
(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
(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—
- with or without the consent of the officer concerned, post any officer on the Reserve of Officers to the Active List;
- 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*)
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:
* 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).
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.
(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.
(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.
(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.
(2) A soldier who—
- during the initial three months of his service is considered unlikely to become an efficient soldier; or
- is adversely reported on in the matter of zeal or efficiency; or
- is convicted by a civil court of an offence which renders him unsuitable for further employment in the Forces; or
- 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.
* 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—
- annual training in camp—14 days;
- 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-Genera! 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
- Uniform
- 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
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TABLE OF PROVISIONS
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REGULATION
1. Short title
2. Interpretation, etc.
3. Application of Regulations
4. Categories of leave
- 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
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Regulations* 30th May 1973, 11th February 1976, 2Sth July 1977, 28th October 1977, 14th March 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:—
- 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.
* See Legal Notices Nos. 61 of 1973, 36 of 1976, 104 of 1977, 165 of 1977, 20 of 1983.
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*.)
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
• 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.
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—
- $230 payable 7 days before the commencement of Long Service Leave, and
- $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—
- $230 payable 7 days before the commencement of Long Service Leave; and
- $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*.)
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
* See Legal Notice No. 20 of 1983.
any calendar year in accordance with the following scales related to the length of aggregate service:—
- Six months' service or less ......................................... 7 days
- Over six months' service but not more than one year's service............................................................…… 14 days
- Over one year's service but not more than ten years' service.............................................................……. 28 days
- Over ten years' service but not more than fifteen years' service.............................................................……. 56 days
- 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+.)
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
* 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—
- on the Active List of the Fiji Defence Force;
- 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.
- 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.
- 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.
- Half of any time during which an officer may have served on the Active List after attaining the age of 17 years—
- 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;
- 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,
- reckon as qualifying service.
D. War Service—
- 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;
- 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;
- 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;
- 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;
- 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;
- 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.
- Nothing in these Regulations shall permit any service to reckon more than two-fold as qualifying service for the Decoration.
- Service requisite to qualify for the Decoration shall not necessarily be continuous.
- 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.
- 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.
- 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.
- 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.
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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 settin |
