PART II
PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS
Notice of trial of protected person to be served on Protecting Power
4.—(1) The court before which —
(a) a protected prisoner of war is brought up for trial for any offence; or
(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of 2 years or more,
shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the Public Prosecutor, has been served not less than 3 weeks previously on the Protecting Power and, if the accused is a protected prisoner of war, on the accused and the prisoner’s representative.
(2) The particulars referred to in subsection (1), are —
(a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;
(b) his place of detention, internment or residence;
(c) the offence with which he is charged; and
(d) the court before which the trial is to take place and the time and place appointed for the trial.
(3) For the purposes of this section a document purporting —
(a) to be signed on behalf of the Protecting Power or by the prisoner’s representative or by the person accused, as the case may be; and
(b) to be an acknowledgment of the receipt by that Power, representative or person on a specified day of a notice described therein as a notice under this section,
shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that Power, representative or person on that day.
(4) In this section “prisoner’s representative”, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Convention set out in the Third Schedule were exercisable in relation to that protected prisoner at the camp or place at which that protected prisoner was, at or last before that time, detained as a protected prisoner of war.
(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other written law, remand the accused for the period of the adjournment.
Legal representation of certain persons
5. —(1) The court before which —
(a) any person is brought up for trial for an offence under section 3; or
(b) a protected prisoner of war is brought up for trial for any offence,
shall not proceed with the trial unless —
(i) the accused is represented by counsel; and
(ii) it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel,
and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other written law, the court may remand the accused for the period of the adjournment.
(2) Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him, counsel instructed for the purpose on behalf of the Protecting Power shall, without prejudice to the requirements of subsection (1)(ii), be regarded for the purposes of that subsection as representing the accused.
(3) If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or instructed as mentioned in subsection (2), counsel assigned in pursuance of this subsection shall, without prejudice to the requirement of subsection (1)(ii), be regarded for the purposes of that subsection as representing the accused.
(4) Counsel shall be assigned, in pursuance of subsection (3), in such manner as the Minister may by order prescribe, and any counsel so assigned shall be entitled to be paid out of moneys provided by such sums in respect of fees and disbursements as the Minister may by regulations prescribe.
Appeals by protected persons
6. —(1) A protected prisoner of war or a protected internee who has been convicted and sentenced to death or to imprisonment for a term of 2 years or more may appeal against the conviction and sentence imposed upon him.
(2) Notwithstanding section 45(1) of the Supreme Court of Judicature Act [Cap. 322], notice of an appeal undersubsection (1) shall be given not later than 10 days after the date on which the protected person receives a notice given —
(a) in the case of a protected prisoner of war, by an officer of the Singapore Armed Forces; or
(b) in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,
that the Protecting Power has been notified of his conviction and sentence.
EDIT.