Cap.626] NAVY

CHAPTER 626

NAVY

AN ACT TO PROVIDE FOR THE RAISING AND MAINTENANCE OF A NAVY AND FORMATTERS CONNECTED THEREWITH.

1. This Act may be cited as the NavyAct.

PART I

ORGANIZATION OF THESRI LANKA NAVY

2. ( I ) There sha l l be raised andm a i n t a i n e d , in accordance with thep rov i s ions of this Act and of theregulations made thereunder, a navy, to becalled the Sri Lanka Navy (and hereinafterreferred to as the " Navy "), not exceedingsuch strength as may, from time to time, bedetermined by Parliament.

(2) The Navy shall consist of—

(a) a Regular Naval Force,

a Regular Naval Reserve, and

(c) such Volunteer Naval Force andVolunteer Naval Reserve as may beconstituted under sections 5 and 6.

3. (1) The Regular Naval Force shallconsist of officers and seamen who areappointed or enlisted for the purpose ofrendering continuous service under this Actduring the period of their engagement.

(2) The Regular Naval Force shall beorganized in such manner as may, from timeto time, be determined by the President.

(3) Where the whole or any part of theRegular Naval Reserve, Volunteer NavalForce, or Volunteer Naval Reserve is called

[9th December. 1950.]

out, as hereinafter provided, on activeservice or for naval training, the officers andseamen of such reserve, force, or part socalled out shall, during the period of suchservice or training be deemed for allpurposes to be officers and seamen of theRegular Naval Force.

4. The Regular Naval Reserve shallconsist of officers who by order of thePresident are transferred to such reservefrom the Regular Naval Force and seamenwho are transferred to such reserve from theRegular Naval Force in accordance with theterms of their enlistment.

5. (1) There may be raised andm a i n t a i n e d , in accordance wi th theprovisions of this Act and of the regulationsmade thereunder, a force of volunteers forthe purpose of rendering service under thisAct.

(2) The force of volunteers raised andmaintained under this Act shall be called theVolunteer Naval Force.

(3) The Volunteer Naval Force shall beorganized in such manner as may, from timeto time, be determined by the President.

(4) Every member of the Ceylon NavalVolunteer Force raised under the NavalVolunteer Ordinance, No. 1 of 1937,* whois not in actual service (within the meaningof that Ordinance) on the day immediatelypreceding the date on which this Act comesinto operation shall be deemed to be amember of the Volunteer Naval Forceraised under this Act.

RegularNavalReserve.

VolunteerNavalForce.

ActsNos.34 of 1950,

8 of 1962,11 of 1962,

LawNo. 33 of 1976,ActNo. 21 of 1979.

Short title.

Sri LankaNavy.

[§ 2, 21 of1979.]

RegularNavalForce.

* Repealed by Act No. 34 of 1950.

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Training.

Captain ofthe Navy.

[§ 2, Law 33 of1976.]

6. There may be organized andmaintained a Volunteer Naval Reserveconsisting of such officers and seamen of theVolunteer Naval Force or of any other unitof the Navy as are transferred to suchreserve by order of the President.

7. The whole or any part of the RegularNaval Reserve, Volunteer Naval Force, orVolunteer Naval Reserve may by order ofthe President be called out for navaltraining with the whole or any part of theRegular Naval Force during any periodspecified in such order.

8. (1) The President shall appoint a fitand proper person to command the Navy.

(2) The person appoin ted unde rs u b s e c t i o n (1) sha l l be des ignatedCommander of the Navy.

(3) Where a commissioned officer of theVolunteer Naval Force or Volunteer NavalReserve desires to resign his commission onany date, he shall, not less than threemonths before that date, give the Presidentwritten notice that he will be resigning hiscommission on that date.

(4) Where a commissioned officer of theVolunteer Naval Force or Volunteer NavalReserve has, in accordance with subsection(3), given notice of resignation of hiscommission, he shall be entitled to resign hiscommission—

(a) if he is not on active service, on thedate of resignation specified in suchnotice, or

(b) if he is on active service, immediatelyafter the t e rmina t ion of suchservice.

PART II

COMMISSIONED OFFICERS PART III

Appointmentofcommissionedofficers.

Duration ofappointments.

Resignation.

9. (1) All officers other than warrantofficers and subordinate officers shall beappointed by commissions under the handof the President. An officer so appointed ishereinafter referred to as a " commissionedofficer ".

(2) No commiss ion issued by thePresident under subsection (1) shall becomeinvalid by reason of his death or vacation ofoffice.

10. Every commissioned officer shallhold his appointment during the President'spleasure.

11. (I) A commissioned officer of theRegular Naval Force or Regular NavalReserve shall not have the right to resign hiscommission, but may be allowed by thePresident to do so.

(2) A commissioned officer of theRegular Naval Force or Regular NavalReserve who tenders the resignation of hiscommission to the President shall not berelieved of the duties of his appointmentuntil the acceptance of the resignation isnotified in the Gazette.

SEAMEN

12. (1) The enlistment of persons asseamen shall be in accordance with suchregulations as may be made in that behalfunder this Act.

(2) Every person selected for enlistmentas a seaman shall appear before a prescribedofficer and sign an attestation papercontaining the terms of his enlistment.

(3) The attestation paper referred to insubsection (2) shall be in the prescribedform.

13. (1) Subject to the provisions ofsection 17, the enlistment of a person as aseaman of the Regular Naval Force shall—

(a) be for the prescribed period whichshall be called the period of originalenlistment, and

(b) be entirely for service in such forceor partly for such service and partlyfor service in the Regular NavalReserve.

Enlistment.

Originalenlistment, andre-engagement.

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Discharge ofseamen ofVolunteerNaval Forceor VolunteerNavalReserve.

Employmentof RegularNaval Force.

Employmentof RegularNaval Reserve,VolunteerNaval Force,and VolunteerNaval Reserve.

(2) A seaman may, before the expiryof the period of his original enlistment, bere-engaged for a further period of navalservice not exceeding the prescribedmaximum period of re-engagement.

14. Where a seaman of the VolunteerNaval Force or Volunteer Naval Reservedesires to obtain his discharge from suchforce or reserve on any date before theexpiry of the period for which he hasvolunteered to serve in such force or reserve,he shall, not less than three months beforesuch date, make a written request to hiscommanding officer for such discharge;and, if he makes such request, he shall,subject to the provisions of section 17, beentitled to be discharged from such force orreserve on such date.

PART IV

SERVICE

15. The Regular Naval Force shall at alltimes be liable to be employed on activeservice.

16. (1) The President may—

(a) for the defence of Sri Lanka in timeof w a r w h e t h e r ac tua l orapprehended, or

(b) for the prevention or suppression ofany rebellion, insurrection or othercivil disturbance in Sri Lanka,

by P r o c l a m a t i o n or, w h e r e thecircumstances render it impossible to issue aProclamation, by order call out on activeservice the whole or any part of all or any ofthe following units of the Navy:—

Regular Naval Reserve;

Volunteer Naval Force;

Volunteer Naval Reserve..

(2) If Parliament is sitting at the date ofissue of a Proclamation or an order undersubsection (1) the President shall forthwithcommunicate to Parliament the reason forissuing the Proclamation or order. If

Parliament is not then sitting the Presidentshall summon Parliament to meet as soon aspossible but not later than thirty days afterthe aforesaid date, and shall, at the firstsitting of Parliament after it is summoned,communicate the aforesaid reason.

(3) All officers and seamen of any suchpart of the Navy as is called out on activeservice under subsection (1) shall be deemedto be on such service until the Presidentterminates such service by Proclamation.

17. Where the time at which a seaman isentitled to be discharged from the Navyoccurs during the period when the whole orany part of the Navy is on active service, thePresident may by order prolong the serviceof that seaman in the Navy for such period.

18. (1) Where an officer or a seamanof the Navy is attached to, or is a memberof any part of the Navy acting with, anymilitary or air force of Sri Lanka undersuch conditions as may be prescribed, then,for the purposes of command and discipline,the officers and the non-commissionedofficers (not below the rank of Sergeant) ofsuch force shall, in relation to him, betreated as, and have all the powers (otherthan powers of punishment) vested in,officers or petty officers of the Navy, as thecase may be.

(2) Where an o f f i ce r or a non-commissioned officer (not below the rank ofSergeant) of the Army or Air Force of SriLanka is attached to, or is a member of anymilitary or air force of Sri Lanka which isacting with, any part of the Navy undersuch conditions as may be prescribed, then,for the purposes of command and discipline,he shall, in relation to that part of the Navy,be treated as, and have all the powers (otherthan the powers of punishment) vested in,an officer or a petty officer of the Navy, asthe case may be.

19. Any officer or seaman of the Navywho, by order of the Commander of theNavy, is serving in a ship of, or belongingto, the naval forces of any country (otherthan Sri Lanka) which is a member of theC o m m o n w e a l t h , o r i n a n a v a lestablishment of such country, or who is onboard such ship or in such establishment

Prolongationof service inthe Navy.

Relationsbetween naval,military, andair forces ofSri Lankaacting together.

Officers andseamen of theNavy in shipsand navalestablishmentsof any memberof theCommonwealthother thanSri Lanka.

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NAVY [Cap.626

awaiting passage or conveyance to anydestination shall, for the purposes ofcommand and discipline, be subject to thelaws and customs for the time beingapplicable to the ships and naval forces ofsuch country.

20. (1) If the whole or any part of theNavy is required to act in co-operation withany foreign naval force, the President mayplace the Navy or such part thereof underthe command of the officer commandingsuch foreign naval force if that officer issenior in rank to all the officers of the Navyor of such part thereof.

(2) Where any officer or petty officer ofthe Navy is acting in co-operation with anyforeign naval force in defence of Sri Lanka,the President may, in agreement with theCommander of such force, define thepowers of command and the order ofprecedence of such officer or petty officer inrelation to a member of such force who is ofthe same or similar rank.

21. (1) The President may order all orany of the members of the Navy to performsuch non-naval duties as he may considernecessary in the national interest.

The President may order any member ofthe Navy to perform escort and guard dutiesin respect of persons suspected, accused orconvicted of any offence against the Stateunder Chapter VI of the Penal Code.

Whenever an order relating to theperformance by any officer of the Navy ofcivilian administrative duties or by anymember of the Navy of escort and guardduties is made under this subsection, theoccasion thereof shal l f o r t h w i t h becommunicated to Parliament in the samemanner as a Proclamation made undersection 2 of the Public Security Ordinancewould be communicated to Parliament, andaccordingly the provisions of subsection (3)of section 2 of that Ordinance shall, mutatismutandis, apply as though there weresubstituted in that subsection,—

(i) for the words " a Proclamation ism a d e u n d e r t h e p r e c e d i n gprovisions of this section", thewords " an order is made under thissubsection ":

Meaning of" personsubject tonaval law ".

Personsliableto navalcustody.

Persons whomay ordernaval custody

(ii) for the words and figure " aProclamation under subsection (1) ",the words " an order under thissubsection "; and

(iii) for all the words and figures " oroperation of that Proclamation orof the provisions of Part II of thisOrdinance or anything done underthat Part: ", the words " of an ordermade under this subsection : ".

(2) Every officer or seaman of the Navyshall pe r fo rm such duties as may beimposed on him by order of the Presidentunder subsection (1).

PART V

PERSONS SUBJECT TO NAVAL LAW

22. For the purposes of this Act," person subject to naval law" means aperson who belongs to any of the followingclasses of persons :—

(a) all o f f ice rs and seamen of theRegular Naval Force;

(b) all such officers and seamen of theRegular Naval Reserve, VolunteerNaval Force, or Volunteer NavalReserve, as are deemed to beofficers and seamen of the RegularNaval Force under subsection (3) ofsection 3;

(c) all persons who by virtue of anyprovisions of this Act are deemed tobe persons subject to naval law.

23. A person subject to naval law whocommits any naval or civil offence may betaken into naval custody.

24. (1) A senior officer may order intonaval custody a junior officer who, being aperson subject to naval law, commits anynaval or civil offence, and a junior officermay order into naval custody a seniorofficer who, being a person subject to navallaw, is engaged in a quarrel, affray ordisorder.

Co-operationwith foreignnaval force.

Performanceof non-navalduties.[§ 2, 8 of1962.]

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Naval custodyof officer orseaman not onactive service.

Time-limit forprosecution.

Trial andpunishment ofoffenders whohave ceased tobe subject tonaval law.

(2) Any officer or petty officer mayorder into naval custody any seaman who,being a person subject to naval law,commits any naval or civil offence.

25. Where any officer or seaman not onactive service is kept in naval custody for alonger period than seven days without trial,his commanding officer shall submit weeklyto the officer to whom application would bemade to convene a court martial if theperson in naval custody were to be tried bya court martial, a written report on thenecessity for such custody, until he isbrought to trial or is released from suchcustody.

26. No person subject to naval law,unless he is an offender who has avoidedapprehension or fled from justice, shall betried or punished by a court martial or by anaval officer exercising judicial powersunder this Act for any offence committed bythat person unless the trial takes placewithin a period of three years from thecommission of the offence, or, where thatperson has been absent from Sri Lankaduring such period, within one year after hisreturn to Sri Lanka.

27. (1) Where a person subject tonaval law commits an offence and thereafterceases to be a person subject to naval law,he may be taken into and kept in navalcustody and be tried and punished for thatoffence in like manner as he might havebeen taken into and kept in naval custodyand tried and punished if he had continuedto be a person subject to naval law;

Provided that, after the lapse of sixmonths from the date of the commission ofsuch offence, he shall not be tried for suchoffence unless such offence is the offence ofmutiny or desertion.

(2) Where a person subject to naval lawis sentenced by a court martial or by a navalofficer, exercising judicial powers under thisAct to imprisonment or detention for anyoffence and thereafter ceases to be a personsubject to naval law, he may. during hisimprisonment or detention, be dealt with asif he had continued to be a person subject tonaval law.

Summary trialof offenders bycommandingofficers.

PART VI

JUDICIAL POWERS OF COMMANDINGOFFICERS

28. A commanding officer may, exceptin the cases which are expressly required bythis Act to be tried by a court martial,summarily try and punish a seaman who hascommitted any non-capital naval offence,s u b j e c t to the r e s t r i c t i o n t h a t thecommanding officer shall not have power toaward imprisonment or detention for morethan three months.

29. Where a petty officer is charged witha non-capital naval offence other than adisciplinary offence, his commanding officershall ask him whether he desires to be dealtwith summarily or to be tried by a courtmartial, and, if he elects to be tried by acourt martial, shall take steps for his trial bya court martial.

30. A commanding officer may, inaccordance with such regulations as may bemade in that behalf under this Act, delegatehis power of dealing summarily with anoffender to an officer under his command.

31. Every witness at a summary trial ofan offender by a naval officer exercisingjudicial powers under this Act shall, beforegiving evidence, take or make the same oathor affirmation as that required to be takenor made by a witness before a court martial.

32. Every naval officer exercisingjudicial powers under this Act who tries anoffender summarily shall, except in any suchcase or circumstance as may be prescribed,make a brief record of the proceedings atthe trial.

34. (1) The President, or such officerof a rank not below that of LieutenantCommander as may be authorized by thePresident, may order a court martial to beheld.

PART VII

COURTS MARTIAL

33. A court martial may try and punish Jurisdiction ofa person subject to naval law who has courts martial .committed any naval or civil offence.

Right ofoffender who isa petty officerto elect tobe triedsummarily orby courtmartial.

Delegation ofcommandingofficer'sjudicialpowers.

Witnesses atsummary trialsto giveevidence onoath oraffirmation.

Record ofproceedings atsummary trials.

Authoritieswho may orilcicourts mari iulto be held.

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(2) An off icer au tho r i zed by thePresident to order courts martial to be heldshall not have the power to do so if there ispresent at the place where a court martial isto be held any officer superior in rank tohimself on full pay and in command of oneor more of the ships of the Navy; and insuch a case such last-mentioned officer mayorder a court martial to be held, althoughhe has not been authorized to do so by thePresident.

(3) Where an officer authorized by thePresident to order courts martial to be heldand having the command of a fleet orsquadron in foreign parts dies, is recalled,leaves his station, or is removed from hiscommand, the officer for the time being incommand of such fleet or squadron shall,without any authorization from thePresident, have the same power to ordercourts martial to be held as the first-mentioned officer was invested with.

(4) An officer authorized by thePresident to order courts martial to be heldand having the command of a fleet orsquadron in foreign parts may in writingauthorize—

(a) where he separates himself from suchfleet or squadron, the next seniorofficer of such fleet or squadron,and

(b) where he assigns separate service toa detachment of such fleet orsquadron, the commanding officerf o r t h e t i m e being of suchdetachment,

to order courts martial to be held during hisabsence from such fleet or squadron orduring the time of separate service of suchdetachment, as the case may be.

35. (1) A court martial shall consist ofnot less than three nor more than ninemembers.

(2) A court martial shall—

(a) where it is convened to try a personsubject to naval law for the offenceof treason, murder or rape, consistof not less than five members, and

(b) where it is convened to try a personsubject to naval law for any otheroffence, consist of not less thanthree members.

(3) Where a commander, lieutenantcommander, or lieutenant is a member of acourt martial, the number of members ofthe court martial shall not exceed five.

(4) No person shall be qualified to be amember of a court martial unless he hasattained the age of twenty-one years and is aflag officer, captain, commander, lieutenantcommander, or lieutenant of the Navy, oran officer of equivalent rank in the Army orAir Force of Sri Lanka.

(5) Where the members of a courtmartial consist of officers of the Navy andofficers of the Army or Air Force, thereshall be not less than one officer of the Navyfor every two officers of the Army or AirForce among such members.

(6) The following shall not be membersof a court martial:—

(a) the officer who investigated thecharge on which the offender isarraigned;

(b) the officer who ordered the courtmartial to be held ;

(c) the commanding officer of theoffender;

(d) the prosecutor;

(e) any witness for the prosecution.

(7) No c o m m a n d e r , l i e u t e n a n tcommander, or lieutenant shall be requiredto be a member of a court martial whenfour officers of a higher rank and junior tothe president of the court martial can beassembled at the place where the courtmartial is to be held (but the regularity orvalidity of a court martial or of theproceedings thereof shall not be affected byreason only of the fact that a commander,lieutenant commander, or lieutenant isrequired to be or is a member thereof underany circumstances).

Constitution ofcourts martial.

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(8) The president of a court martial shallbe named by the authority ordering thecourt martial to be held or by an officerempowered by such authority to name thepresident.

(9) No court martial for the trial of aflag officer shall be duly constituted unlessthe president is a flag officer and the othermembers of the court martial are of therank of captain or of higher rank.

(10) No court martial for the trial of acaptain shall be duly constituted unless thepresident is a captain or of higher rank andthe other members of the court martial arecommanders or officers of higher rank.

(11) No court martial for the trial of aperson below the rank of captain shall beduly constituted unless the president is acaptain or of higher rank, nor, if the personto be tried is of the rank of commander,unless in addition to the president, twoother members of the court martial are ofthe rank of commander or of higher rank.

(12) Subject to the other provisions ofthis section, when a court martial is to beheld, the officer appointed to preside thereatshall summon the necessary number ofpersons to be members of the court martialfrom the officers next in seniority to himselfpresent at the place where the court martialis to be held.

36. A court martial shall be held at suchconvenient place as may be determined bythe person ordering the court martial to beheld.

37. A court martial may, if it appears tothe court martial that an adjournment isdesirable, be adjourned for a period notexceeding six days, but, except where suchan adjournment is ordered, shall sit fromday to day, with the exception of Sundays,until sentence is given, unless preventedfrom doing so by stress of weather orunavoidable accident. The proceedings of acourt martial shall not be delayed by theabsence of any member of the court martialunless the result of such absence is that theminimum number of members required bythis Act to constitute the court martial isnot present.

38. (1) The authority ordering a courtmartial to be held shall appoint a personwho has sufficient knowledge of procedureof courts martial and of the generalprinciples of law and of the rules of evidenceto act as the Judge-Advocate of the courtmartial.

(2) A person who is disqualified underthis Act from being a member of a courtmartial shall not be appointed as theJudge-Advocate of that court martial.

39. The powers and dut ies of theJudge-Advocate of a court martial shallbe as follows;—

(a) It shall be his duty, whether beforeor during the proceedings, to giveadvice on questions of law orprocedure relating to the charge ortrial to the prosecutor and to theaccused, who are hereby declared tobe entitled to obtain such advice atany time after his appointment:

Provided that during proceedingshe shall give such advice with thepr ior permission of the courtmartial.

(b) It shall be his duty to invite theattention of the court martial to anyirregularity in the proceedings.Whether or not he is consulted, heshall inform the court martial andthe authority who has ordered thecourt martial to be held, of anydefect in the charge or in theconstitution of the court martial,and shall give his advice on anymatter before the court martial.

(c) He shall take all such action as maybe necessary to ensure that theaccused does not s u f f e r anydisadvantage in consequence of anyincapacity to examine or cross-examine wi tnesses or to giveevidence clearly, and may for thatpurpose, with the permission of thecourt martial, question any witnesson any relevant matter.

(d) At the conclusion of the case heshall, unless both he and the courtmartial consider it unnecessary,

Appointmentof Judge-Advocate.

Duties ofJudge-Advocate.

Where courtsmartial areto be held.

Sittings ofcourts martial.

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Oath oraffirmationto be takenor made bymembers ofcourt martial,Judge-Advocate, andwitnesses.

Objections byaccused tomembers ofcourt martial.

sum up the evidence and advise thecourt martial upon the law relatingto the case before the court martialproceeds to deliberate upon itsfinding.

40. (1) Every member of a courtmartial and the Judge-Advocate shall takethe prescribed oath or make the prescribedaffirmation before the commencement ofthe trial of a case.

(2) Every witness before a court martialshall take the prescribed oath or make thep r e s c r i b e d a f f i r m a t i o n before thecommencement of his evidence.

41. (1) The names of the members of acourt martial shall, before the members aresworn or affirmed, be read in the hearing ofthe accused ; and the accused shall be askedwhether he objects to any such member, andwhere as hereinafter provided any suchmember retires on being objected to anda successor to the retiring member isappointed, the accused shall be askedwhether he objects to the succeedingmember.

(2) The accused may object, for anyreasonable cause, to any member of thecourt martial, including the president,whether appointed to serve on the courtmartial originally or to fill a vacancy causedby the retirement of a member objected to,so that the court martial may be constitutedof officers to whom the accused has noreasonable objection.

(3) An objection of the accused to anymember of a court martial shall besubmitted for decision to the other membersof the court martial.

(4) An objection of the accused to thepresident of a court martial shall, if upheldby one-third or more of the other membersof the court martial, be allowed, and thecourt martial shall adjourn for the purposeof the appointment of another president.

(5) Where an objection of the accused tothe president of a court martial is allowed,the authority by whom the court martialwas ordered to be held shall appointanother officer as president, and such officer

shall act as president subject to the right ofthe accused to object to him.

(6) An objection of the accused to amember of a court martial other than thepresident shall, if upheld by one-half ormore of the other members of the courtmartial, be allowed, and the memberobjected to shall retire, and the authority bywhom the court martial was ordered to beheld shall appoint a successor to the retiringmember subject to the right of the accusedto object.

42. (1) Where the number of membersof a court martial after the commencementof the trial of a case is, by death orotherwise, reduced below the minimumnumber of members required for theconstitution of the court martial under thisAct, the court martial shall be dissolved.

(2) Where after the commencement ofthe trial of a case the president of a courtmartial dies or is otherwise unable to attendthe court martial and the number ofmembers of the court martial is not reducedbelow the minimum number of membersrequired for the constitution of the courtmartial under this Act, the authority bywhom the court martial was ordered to beheld may appoint a senior member of thecourt martial, if he is of sufficient rank, tobe president, and the trial shall proceedaccordingly, but if he is not of sufficientrank, the court martial shall be dissolved.

(3) Where the Judge-Advocate of acourt martial dies or is unable to attend thecourt martial owing to illness or any othercause, the court martial shall adjourn andthe president shall report the circumstancesto the authority by whom the court martialwas ordered to be held ; and in the case ofthe death of the Judge-Advocate, or wherethe authority by whom the court martialwas ordered to be held is of the opinion thatit is inexpedient to delay the trial until theJudge-Advocate who is unable to attend thecourt martial is able to do so, the courtmartial shall be dissolved.

(4) Where the trial of an accused by acourt martial cannot, within a reasonabletime having regard to all the circumstances,be continued owing to the illness of theaccused, the court martial shall be dissolved-

Dissolution ofcourts martial.

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(5) Where a court martial held for thetrial of an accused is dissolved under any ofthe preceding subsections, the accused maybe tried again by another court martial,without prejudice to the provisions ofsection 26.

43. Every quest ion before a courtmartial shall be decided by the majority voteof the members of the court martial. Wherethere is an equality of votes of the membersof a court martial on the question of thefinding in any case, the accused in that caseshall be deemed to be acquitted. Wherethere is an equality of votes of the membersof a court martial on the sentence in anycase or on any question arising after thecommencement of the hearing of any caseother than the question of the finding, thepresident shall have a casting vote.

44. Where a court martial recommendsa person under sentence to mercy, therecommendation shall be attached to andform part of the proceedings of the courtmartial, and shall be promulgated andcommunicated to such person, together withthe finding and sentence.

45. The president of a court martialmay, on any de l ibera t ion among themembers of the court martial, cause theplace where the court martial is held to becleared of all other persons.

46. A court martial shall not try aperson for any offence if—

(a) he has been already acquitted orconvicted of that offence by a courtmartial or by a competent civilcourt, or

(b) the charge against him in respect ofthat offence has been dismissed, orhe has been dealt with summarilyfor that offence, by a naval officerexercising judicial powers underthis Act.

47. Where a person is charged with anoffence before a court martial and facts areproved which reduce it to a minor offence,he may be convicted of the minor offencealthough he was not charged with it.

48. (I) Where it appears to a courtmartial that an accused is of unsound mindand consequently incapable of making hisdefence, the court martial shall recordan express finding of the fact of hisunsoundness of mind and incapacity; andhe shall be kept in custody until thedirections of the President thereon areobtained or until any earlier time at whichhe is fit to take his trial.

(2) Where, on the trial of an accused bya court martial, it appears that he did the actor made the omission with which he ischarged, but that he was of unsound mindat the time of such act or omission, thecourt martial shall record an express findingthat he was guilty of such act or omissionbut was of unsound mind at the time whenhe did the act or made the omission ; and heshall be kept in custody until the directionsof the President thereon are obtained.

(3) Where a court martial records anexpress finding under this section that anaccused is of unsound mind, the Presidentmay give orders for the safe custody, duringhis pleasure, of the accused in such placeand in such manner as the President thinksfit.

49. Where a person who is alreadyunder a sentence of imprisonment ordetention passed on him under this Act fora former offence is convicted of an offenceby a court martial, the court martial mayaward him a sentence of imprisonment ordetention to commence at the expiration ofthe imprisonment or detention to which hehas been previously sentenced, although theaggregate of the terms of imprisonment ordetention may exceed the term for whichany of t h o s e pun i shmen t s could beotherwise awarded :

Provided that nothing in this section shallcause a person to undergo imprisonmentor detention for a period exceeding theaggregate of three consecutive years, andso much of any term of imprisonment ordetention imposed on a person by asentence in pursuance of this section aswould prolong the total term of hispunishment beyond that period shall bedeemed to be remitted.

Accusedwho is ofunsoundmind.

Imprisonmentor detention ofoffender who isunder sentencefor previousoffence.

Manner ofdecidingquestionsbefore courtmartial.

Recommen-dation tomercy.

Power to orderplace of courtmartial to becleared ofpersons.

Effect ofacquittal orconviction ofan offence.

Whereoffenceproved isincluded inoffencecharged.

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50. (1) At all proceedings before acourt martial the prosecution as well as thedefence shall be entitled to be representedby counsel.

(2) The following provisions shall haveeffect with respect to the conduct of counselappearing on behalf of the prosecution ordefence at a court martial;—

(a) Any conduct of a counsel whichwould be liable to censure, orwould be a contempt of court, if itoccurred before a civil court, shalll i k e w i s e be deemed l iable tocensure, or be deemed a contemptof the court martial, if it occursbefore a court martial.

(b) Where the conduct of a counselappearing before a court martial isdeemed liable to censure or isdeemed a contempt of the courtmartial, the president of the courtmartial may under his hand certifysuch conduct of that counsel to theCourt of Appeal, and that courtmay thereupon deal with thatcounsel in like manner as if suchconduct had occurred before thatcourt.

(c) Where the conduct of a counselappearing before a court martialis deemed liable to censure or isdeemed a contempt of the courtmartial, the president of the courtmartial may make an order refusingto hear him and may adjourn theproceedings in order to enable othercounsel to be retained.

51. The Judge-Advocate of a court martial shall transmit with as much

exped i t i on as poss ib le the o r i g i n a lp r o c e e d i n g s , o r a c o m p l e t e a n dauthenticated copy thereof, and the originalsentences of the court martial, to theCommander of the Navy , who shalltransmit them to the Secretary to theMinistry.

52. (1) A person tried by a courtmartial shall be entitled to obtain from theperson having the custody of the record ofthe proceedings of that court martial a copythereof, upon payment for it at such rate

Preservationof records ofproceedings ofcourts martial.

Misconductin action.

Right ofperson tried bycourt martialto copy ofproceedings,

not exceeding ten cents for every folio ofseventy-two words as may be prescribed.

(2) The right conferred by subsection (1)shall be subject to the condition that thedemand for the copy of the proceedings ofthe court martial by the person referred toin that subsection is made within three yearsafter the date of the final decision of thecourt martial.

(3) If t h e p e r s o n r e f e r r e d to insubsection (1) dies within the period of threeyears specified in subsection (2), his next ofkin shall, within ten months after his death,have the right to obtain the copy of theproceedings mentioned in subsection (1).

53. The records of the proceedings ofcourts martial shall be preserved in suchmanner and by such officer as may bedetermined by the Commander of the Navy.

PART VIII

NAVAL OFFENCES

MISCONDUCT IN THE PRESENCE OFTHE ENEMY

54. (1) Every flag officer, captain,commander, or commanding officer whoupon signal of battle or on sight of a ship ofan enemy which it may be his duty toengage—

(a) does not use his utmost exertions tobring his ship into action, or

(b) does not during action, in his ownperson and according to his rank,encourage his inferior officers andmen to fight courageously, or

(c) surrenders his ship to the enemyw h e n c a p a b l e of m a k i n g asuccessful defence, or in time ofaction improperly withdraws fromthe fight,

shall be guilty of a naval offence and shallbe punished—

(i) if he has acted traitorously, withdeath,

Counsel atcourt martial.

Report ofproceedings ofcourt martial.

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Not pursuingthe enemy ornot assisting afriend in view.

Delaying ordiscouraging

(ii) if he has acted from cowardice, withdeath or any less severe punishmentin the scale of punishments, and

(iii) if he has acted from negligence ort h r o u g h o t h e r d e f a u l t , w i thdismissal with or without disgracefrom the Navy or with any lesssevere punishment in the scale ofpunishments.

(2) Every person subject to naval law,and not being a commanding officer, whodoes not use his utmost exertions to carryout the orders of his superior officers whenordered to prepare for action, or duringaction, shall be guilty of a naval offence andshall be punished—

(a) if he has acted traitorously, withdeath,

(b) if he has acted from cowardice, withdeath or any less severe punishmentin the scale of punishments, and

(c) if he has acted from negligence ort h r o u g h o t h e r d e f a u l t , w i t hdismissal with disgrace from theNavy or with any less severep u n i s h m e n t in the scale ofpunishments.

55. Every officer who forbears to pursuethe chase of any enemy, pirate, or rebel,beaten or flying, or does not relieve andassist a known friend in view to the utmostof his power shall be guilty of a navaloffence and shall be punished—

(a) if he has acted traitorously, withdeath,

(b) if he has acted from cowardice, withdeath or any less severe punishmentin the scale of punishments, and

(c) if he has acted from negligence ort h r o u g h o the r d e f a u l t , w i thdismissal with disgrace from theNavy or wi th any less severep u n i s h m e n t in t h e scale ofpunishments.

56. When any action or service iscommanded, every person subject to naval

Correspon-dence, &c.,with theenemy.

law who delays or discourages such actionor service upon any pretence whatsoevershall be guilty of a naval offence and shallbe punished with death or any less severepunishment in the scale of punishments.

COMMUNICATIONS WITH THE ENEMY

57. All persons who act as spies for the Spies.enemy shall be deemed to be persons subjectto naval law and shall be guilty of a navaloffence and shall be punished with death orany less severe punishment in the scale ofpunishments.

58. Every person subject to naval lawwho—

(a) traitorously holds correspondencewith or gives intelligence to theenemy, or

(b) fails to make known to the properauthorities any information whichhe may have received from theenemy, or

(c) relieves the enemy with any supplies,

shall be guilty of a naval offence and shallbe punished with death or any less severepunishment in the scale of punishments.

59. Every person subject to naval lawwho, without traitorous intention, holds anyimproper communication with the enemyshall be guilty of a naval offence and shallbe punished with dismissal with disgracefrom the Navy or with any less severepunishment in the scale of punishments.

NEGLECT OF DUTY

60. (1) Every person subject to navallaw who, while on active service, abandonshis post or sleeps upon his watch shall beguilty of a naval offence and shall bepunished—

(a) if he has acted traitorously, withdeath,

(b) if he has acted from cowardice, withdeath or any less severe punishmentin the scale of punishments, and

Impropercommuni-cation withthe enemy.

Abandonmentof post. &c.,when on activeservice.

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(c) if he has acted from negligence ort h r o u g h o the r d e f a u l t , w i thdismissal with disgrace from theNavy or with any less severep u n i s h m e n t in t h e scale ofpunishments.

(2) Every person subject to naval lawwho, while on active service, is absentwithout leave without being guilty ofdesertion shall be guilty of a naval offenceand shall be punished with rigorousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

61. Every person subject to naval lawwho, while not on active service, is absentwithout leave without being guilty ofdesertion, or negligently performs the dutyimposed on him, shall be guilty of a navaloffence and shall be punished with dismissalwith disgrace from the Navy or with any lesssevere p u n i s h m e n t in the scale ofpunishments.

62. Where any person subject to navallaw is absent without leave for a period ofone month and is not apprehended and triedfor his offence, he shall be liable to suchforfeiture of pay and other benefits as maybe prescribed, and the Commander of theNavy may, by an order containing astatement of the absence without leave,direct that any clothes and effects left byhim at his place of duty be forfeited ; andwhere any such order is made, such clothesand effects may be sold, and the proceedsof the sale shall be disposed of as theCommander of the Navy may direct, andevery order under this section shall beconclusive as to the fact of the absencewithout leave as therein stated of the persontherein named; but in any case thePresident may, if it seems fit on sufficientcause being shown, at any time afterf o r f e i t u r e and before sale remit theforfeiture, or after sale pay or dispose of theproceeds of the sale or any part thereof toor for the use of the person to whom theclothes or effects belonged, or his heirs.

MUTINY

63. (1) Every person subject to navallaw who joins in any mutiny which is

accompanied by violence shall be guilty of anaval offence and shall be punished withdeath or any less severe punishment in thescale of punishments.

(2) Every person subject to naval lawwho does not use his utmost exertions tosuppress any mutiny which is accompaniedby violence shall be guilty of a naval offenceand shall be punished—

(a) if he has acted traitorously, withdeath or any less severe punishmentin the scale of punishments,

(b) if he has acted from cowardice, withrigorous imprisonment for a termnot less than three years or any lesssevere punishment in the scale ofpunishments, and

(c) if he has acted from negligence, withdismissal with disgrace from theNavy or with any less severep u n i s h m e n t in the scale ofpunishments.

64. (1) Every person subject to navallaw who is a ringleader of any mutiny whichis not accompanied by violence shall beguilty of a naval offence and shall bepunished with death or any less severepunishment in the scale of punishments.

(2) Every person subject to naval lawwho, not being a ringleader, joins in anymutiny which is not accompanied byviolence shall be guilty of a naval offenceand shall be punished with rigorousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

65. (1) Every person subject to navallaw who incites or endeavours to incite anyother person subject to naval law to commitany act of mutiny shall be guilty of a navaloffence and shall be punished with death orany less severe punishment in the scale ofpunishments.

(2) Every person, not otherwise subjectto naval law, who incites or endeavours toincite any person subject to naval law tocommit any act of mutiny shall, so far asrespects such incitement or endeavour, be

Mutinywithoutviolence.

Incitementto mutiny.

Absencewithout leave,&c., when noton activeservice.

Absencewithout leavefor one month.

Mutiny withviolence.

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deemed to be a person subject to naval lawand shall be guilty of a naval offence andshall be punished with death or any lesssevere p u n i s h m e n t in the scale ofpunishments.

66. Every person subject to naval lawwho makes or endeavours to make anymutinous assembly, or leads or incites anyother person subject to naval law to join inany mutinous assembly, or utters any wordsof mutiny, shall be guilty of a naval offenceand shall be punished wi th r igo rousimprisonment for a term not less than threeyears or any less severe punishment in thescale of punishments.

67. Every person subject to naval lawwho wilfully conceals any mutinous practiceor design shall be guilty of a naval offenceand shal l be pun i shed wi th r igorousimprisonment for a term not less than threeyears or any less severe punishment in thescale of punishments,

68. Every person subject to naval lawwho strikes or attempts to strike, or drawsor lifts up any weapon against, or uses orattempts to use any violence against, hissuperior officer whether or not suchsuperior officer is in execution of his office,shall be guilty of a naval offence and shallbe punished with rigorous imprisonmentfor a term not less than three years or anyless severe punishment in the scale ofpunishments.

INSUBORDINATION

69. Every person subject to naval lawwho wilfully disobeys any lawful commandof his superior officer, or uses threateningor insulting language or behaves wi thcontempt to his superior officer, shall beguilty of a naval offence and shall bepunished with dismissal with disgrace fromthe Navy or with any less severe punishmentin the scale of punishments.

70. Every person subject to naval lawwho quarrels or fights with any otherperson, whether such other person is or isnot a person subject to naval law, or usesreproachful or provoking speeches orgestures tending to make any quarrel ordisturbance, shall be guilty of a naval

offence and shall be punished with simpleor rigorous imprisonment for a term notexceeding six months or any less severepunishment in the scale of punishments.

71. Every person subject to naval law Desertion.who absents himself from his ship, or fromthe place where his duty requires him to be,with an intention of not returning to suchship or place, or who, at any time and underany circumstances when absent from hisship or place of duty, does any act whichshows that he has an intention of notreturning to such ship or place, shall bedeemed to have deserted and shall be guiltyof a naval offence and shall be punished—

(a) if he has deserted to the enemy, withdeath or any less severe punishmentin the scale of punishments, and

(b) if he has deserted in any othercircumstances, with r igorousimprisonment for a term not lessthan three years or any less severep u n i s h m e n t in t h e s ca l e ofpunishments;

and in every such case he shall forfeit allsuch pay, allowances, and other emolumentsas may be due to him, and all medals anddecorations granted to him, and also allclothes and effects which he may have lefton board the ship or at the place fromwhich he has deserted unless the tribunal bywhich he is tried, or the President, otherwisedirects.

72. Every person subject to naval lawwho induces or endeavours to induce anyother person subject to naval law to desertshall be guilty of a naval offence and shallbe punished with rigorous imprisonmentfor a term not exceeding two years or anyless severe punishment in the scale ofpunishments.

73. Every officer in command of anyship of the Navy who receives or entertainsa deserter from the Navy, Army, or AirForce of Sri Lanka after discovering himto be a deserter and does not with allconvenient speed, in the case of a deserterf r o m the N a v y , give n o t i c e to thecommanding officer of the ship to which thedeserter belongs, or, if such ship is at a

Inducingdesertion.

Entertaininga deserter.

Makingmutinousassemblies oruttering wordsof mutiny.

Concealmentof mutinouspractice.

Striking orattempting tostrike, Ac.,superiorofficer.

Disobedienceof or use ofthreateninglanguage tosuperiorofficer.

Quarrellingor usingreproachfulspeech orgestures.

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NAVY [Cap.626

Absence ofmember ofcourl martialwithout justcause.

distance, to the Commander of the Navy,or in the case of a deserter from the Armyor Air Force, give notice to the Commanderof the Army or the Commander of the AirForce, as the case may be, or t hecommanding officer of the regiment or unitto which the deserter belongs, shall be guiltyof a naval offence and shall be punishedwith dismissal without disgrace from theNavy or with any less severe punishment inthe scale of punishments.

OFFENCES IN RELATION TO COURTSMARTIAI . AND NAVAI , OFFICERSEXERCISING JUDICIAL POWERS

74. A member of a court martial whoabsents himself therefrom shall, unless hisabsence is due to illness or other just causeapproved by the other members of the courtmartial, be guilty of a naval offence andshall, on conviction by a court martial, bepunished with dismissal with disgrace fromthe Navy or with any less severe punishmentin the scale of punishments.

75. Every person subject to naval lawwho—

(a) being duly summoned to attend as awitness before a court martial or anaval officer exercising judicialpowers under this Act , makesdefault in attending, or

(b) refuses to take an oath or make anaffirmation lawfully required by acourt martial or by such officer tobe taken or made, or

(c) refuses to produce any documentin his power or control lawfullyrequired by a court martial or bysuch officer to be produced by him,or

(d) refuses when a witness to answer anyquestion to which a court martial orsuch officer may lawfully require ananswer, or

(e) commits contempt of a court martialor such officer by using insulting orthreatening language, or by causingany interruption or disturbance inthe proceedings of such court

martial or officer, or by printingor publishing observations or byu t t e r i n g words ca l cu la t ed toinfluence such court martial orofficer or any witness before suchcourt martial or officer, or bybringing such court martial orofficer into disrepute,

shall be guilty of a naval offence and shall,on conviction by a court martial, other thanthe court martial in relation to or beforewhich the offence was commit ted, bep u n i s h e d w i t h s i m p l e or r i g o r o u simprisonment for a term not exceeding sixmonths or any less severe punishment in thescale of punishments:

Provided that where a person subject tonaval law is guilty of contempt of a courtmartial by using insulting or threateninglanguage or by causing any interruption ordisturbance in the proceedings, the courtmartial may, instead of causing him to betried by another court martial, sentence himto simple or rigorous imprisonment for aterm not exceeding one month.

76. Every person subject to naval lawwho, when examined on oath or affirmationbefore a court martial or a naval officerexercising judicial powers under this Act,wilfully gives false evidence, shall be guiltyof a naval offence and shall, on convictionby a court martial, be punished with simpleor rigorous imprisonment for a term notexceeding two years or any less severepunishment in the scale of punishments.

OFFENCES IN RELATION TO PERSONSIN CUSTODY

Every person subject to naval law77.who—

(d) releases without proper authority,whether wilfully or otherwise, anyperson under naval custody who iscommitted to his charge, or

(b) w i l f u l l y or w i t h o u t reasonableexcuse allows to escape any personunder naval custody who iscommitted to his charge,

shall be guilty of a naval offence and shallbe p u n i s h e d , if he h a s a c t e d

Falseevidenceby witnesssubject tonaval law.

Permittingescape ofperson inciistody.

Misconduct ofand contemptby witnesssubject tonaval law.

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Cap.626] NAVY

Irregulararrest orconfinement.

Escape fromconfinement.

Corruptdealings inrespect ofsupplies tothe Navy.

Embezzlement,&c., of navalstores.

wilfully, with rigorous imprisonment fora term not less than three years or anyless severe punishment in the scale ofpunishments, and, in any other case, withsimple or rigorous imprisonment for a termnot exceeding two years or any less severepunishment in the scale of punishments.

78. Every person subject to naval lawwho unnecessarily detains a person in arrestor confinement without bringing him totrial, or fails to bring his case before theproper authority for investigation, shall beguilty of a naval offence and shall bepunished with dismissal without disgracefrom the Navy or with any less severepunishment in the scale of punishments.

79. Every person subject to naval lawwho, being under arrest, or in confinementor prison, or otherwise in lawful custody,escapes or attempts to escape shall be guiltyof a naval offence and shall be punishedwith dismissal with disgrace from the Navyor with any less severe punishment in thescale of punishments.

OFFENCES IN RELATION TO PROPERTY

80. Every person subject to naval lawwho takes any reward, fee. or advantage inrespect of or in connexion with the purchaseof any articles for the use of the Navy shallbe guilty of a naval offence and shall bep u n i s h e d w i t h s i m p l e or r i g o r o u simprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

81. Every person subject to naval lawwho embezzles or fraudulently purchases,se l l s , or rece ives any a m m u n i t i o n ,provisions, or other naval stores, or whoknowingly permits any such embezzlement,purchase, sale or receipt, shall be guilty of anaval offence and shall be punished withsimple or rigorous imprisonment for a termnot exceeding two years or any less severepunishment in the scale of punishments.

Every person subject to naval law82.who—

(a) w h e t h e r by p a w n i n g , sa l e ,destruction or otherwise makesaway wi th , or is concerned inmaking away with, any property ofthe Navy, or

Deficiency inor injury tonaval property.

(b) loses by neglect any such property,or

(c) wilfully injures any such property,

shall be guilty of a naval offence and shallbe punished wi th simple or rigorousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

83. Every person subject to naval lawwho unlawfully sets fire to any propertywhich does not belong to any enemy, pirate,or rebel shall be guilty of a naval offenceand shall be punished with death or anytess severe punishment in the scale ofpunishments.

OFFENCES IN RELATION TO DOCUMENTSAND STATEMENTS

84. Every person subject to naval lawwho—

(a) in any report, return, muster roll,pay list, certificate, book, or otherdocument made or signed by him,or of the contents of which it ishis duty to ascertain the accuracy,knowingly makes or is privy to themaking of any false or fraudulentstatement or any omission withintent to defraud, or

(b) knowingly with intent to injure anyperson or to defraud, suppresses,defaces, alters or makes away withany document which it is his dutyto preserve or produce, or

(c) where it is his official duty to make adeclaration respecting any matter.k n o w i n g l y m a k e s a f a l s edeclaration,

shall be guilty of a naval offence and shal'be pun i shed wi th s imple or r i g o r o u simprisonment for a term not exceeding twcyears or any less severe punishment in thsscale of punishments.

85. Every person subject to naval lavwho—

(a) being an officer or a seaman, make;a false accusation against any othel

Unlawfullyburningproperty.

Falsedocuments anddeclarations.

Falseaccusations.

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NAVY [Cap. 626

Enlistmentof seaman,soldier, orairmandischargedwith disgrace.

False answerson enlistment.

Generaloffences inrelation toenlistment.

officer or seaman, knowing suchaccusation to be false, or

(b) being an officer or a seaman, inmaking a complaint where hethinks himself wronged, knowinglymakes any false statement affectingthe character of any other officer orseaman, or knowingly and wilfullysuppresses any material facts,

shall be guilty of a naval offence and shallbe punished with simple or rigorousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

OFFENCES IN RELATION TO ENLISTMENT

86. Every person subject to naval lawwho, having been dismissed with disgracefrom the Navy, Army, or Air Force of SriLanka, has afterwards enlisted in the Navywithout declaring the circumstances of hisdismissal, shall be guilty of a naval offenceand shall be punished with simple orrigorous imprisonment for a term notexceeding two years or any less severepunishment in the scale of punishments.

87. Every person subject to naval lawwho, when enlisted as a seaman, has wilfullymade a false answer to any question set outin the attestation paper signed by him, shallbe guilty of a naval offence and shall bepun ished wi th simple or r i go rousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

88. Every person subject to naval lawwho—

(a) is concerned in the enlistment of anyother person as a seaman, when heknows or has reasonable cause tobelieve that such other person byenlisting commits an offence, or

(b) wilfully contravenes any provision oflaw relating to the enlistment ofseamen,

shall be guilty of a naval offence and shallbe punished wi th simple or r igorousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

MISCELLANEOUS OFFENCES

89. Every person subject to naval lawwho is drunk or commits any act ofimmorality shall be guilty of a naval offenceand shall be punished with dismissal with orwithout disgrace from the Navy or with anyless severe punishment in the scale ofpunishments.

90. Every officer subject to naval lawwho commits any act of cruelty or whoseconduct is scandalous, f r audu len t , orunbecoming the character of an officer shallbe guilty of a naval offence and shall bepunished with dismissal with or withoutdisgrace from the Navy.

91. Every person subject to naval tawwho loses, strands, or hazards, or suffers tobe lost, stranded or hazarded, any ship ofthe Navy, or loses or suffers to be lost anyaircraft belonging to the Navy, shall beguilty of a naval offence and shall bepunished—

(a) if he has acted designedly, withrigorous imprisonment for a termnot exceeding two years or any lesssevere punishment in the scale ofpunishments, and

(b) if he has acted negligently, withdismissal with disgrace from theNavy or with any less severep u n i s h m e n t in the scale ofpunishments.

92. Officers of all ships of the Navyappointed for the convoy and protection ofany vessels shall diligently perform theirduty without delay according to theirinstructions in that behalf; and every officerwho fails in his duty in this respect and doesnot defend the vessels and goods under hisconvoy, without deviation to any otherobjects, or refuses to fight in their defenceif they are assailed, or cowardly abandonsand exposes the vessels in his convoy tohazard, or demands or exacts any money orother reward from any merchant or masterfor convoying any vessels entrusted to hiscare, or misuses the masters or marinersthereof shall be guilty of a naval offence andshall be punished with death or any lesssevere p u n i s h m e n t in the sca le ofpunishments.

Drunkennessandimmorality.

Cruelty andscandalousconduct.

Suffering shipsor aircraft tobe improperlylost.

Not taking careand defendingships underconvoy.

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Taking articleson board aship other thanfor use of theship.

Causing oraggravatingdisease orinfirmity.

Stirring updisturbanceon accountof victualsor othergrounds.

93. An officer in command of any shipof the Navy who receives on board orpermits to be received on board such shipany articles which are not for the sole use ofsuch ship, except any articles belonging toany merchant, or on board any vessel whichmay be shipwrecked or in imminent danger,either on the high seas or in some port,creek, or harbour, for the purpose ofpreserving them for their proper owners, orexcept any articles which he may at anytime be ordered to take or receive on boardby order of a superior officer, shall be guiltyof a naval offence and shall be punishedwith dismissal without disgrace from theNavy or with any less severe punishment inthe scale of punishments.

Every person subject to naval law94.who—

(a) malingers, or feigns or causes inhimself disease or infirmity, or

(b) wilfully maims or injures himself orany other person subject to navallaw, whether at the instance of thatother person or not, with the intentthereby to render himself or thatother person unfit for service, orcauses himself to be maimed orinjured by any other person withintent thereby to render himselfunfit for service, or

(c) by wilful misconduct, or by wilfuldisobedience of orders whether inhospital or otherwise, produces oraggravates disease or infirmity, ordelays its cure,

shall be guilty of a naval offence and shallbe punished with simple or rigorousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

95. Every person subject to naval lawwho stirs up any disturbance among anypersons subject to naval law on accountof the unwholesomeness of the victualssupplied to them or upon any other groundshall be guilty of a naval offence and shallbe punished with simple or rigorousimprisonment for a term not exceeding twoyears or any less severe punishment in thescale of punishments.

96. Where the commanding officer of aship of the Navy who takes any vessel asprize fails to preserve all the papers, charter-parties, bills of lading, passports, and otherwritings whatsoever that shall be taken,seized or found aboard the vessel taken asprize, or fails to send them for inspectionand use according to law to any tribunalauthorized to determine whether such prizeis lawful capture, shall be guilty of a navaloffence and shall be punished with dismissalwithout disgrace from the Navy or with anyless severe punishment in the scale ofpunishments and, in addition thereto, withforfeiture of his share of the capture.

97. Every person subject to naval lawwho embezzles any property belonging toany vessel seized as prize shall be guilty of anaval offence and shall be punished withdismissal with disgrace from the Navy orwith any less severe punishment in the scaleof punishments and, in addition thereto,with forfeiture of his share of the capture.

98. Every person subject to naval lawwho strips off the clothes of, or in any waypillages, beats, or ill-treats, any person onboard a vessel taken as prize shall be guiltyof a naval offence and shall be punishedwith dismissal with disgrace from the Navyor with any less severe punishment in thescale of punishments.

99. If the commanding officer of anyship of the Navy—

(a) by collusion with the enemy takes asprize any vessel, goods, or thing, or

(b) unlawfully agrees with any personfor the ransoming of any vessel,goods, or thing taken as prize, or

(c) in p u r s u a n c e of any u n l a w f u la g r e e m e n t for r a n s o m i n g orotherwise by collusion actuallyquits or restores any vessel, goods,or thing taken as prize,

shall be guilty of a naval offence and shallbe punished with dismissal with disgracefrom the Navy or with any less severepunishment in the scale of punishments.

Papers foundaboard a prizevessel.

Embezzlementof properlybelonging toprize vcssel.

Ill-treatmentof personson board aprize vessel.

Collusionin capturinga vessel asprize, &c.

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NAVY [Cap.626100. Every person subject to naval law

who breaks bulk on board any vessel takenas prize, or detained in the exercise of anybelligerent right or under any law for thetime being in force, with intent to embezzleanything therein or belonging thereto, shallbe guilty of a naval offence and shall bepunished with dismissal with disgrace fromthe Navy or with any less severe punishmentin the scale of punishments and, in additionthereto, with forfeiture of his share of thecapture.

101. Every person subject to naval lawwho gives or receives, or aids the giving orreceiving of, any valuable consideration inrespect of any appointment or promotionin or retirement from the Navy, or anyemployment therein, shall be guilty of anaval offence and shall be punished withdismissal with disgrace from the Navy orwith any less severe punishment in the scaleof punishments.

102. Every person subject to nava! lawwho, orally or in writing, or by signal orotherwise, discloses the numbers or positionof any naval forces of Sri Lanka, or anymagazines or stock of such forces, or anypreparations for, or orders relating to,operations or movements of such forces atsuch time and in such manner as to haveproduced effects injurious to such forces,shall be guilty of a naval offence and shallbe punished with rigorous imprisonment fora term not less than three years or any lesssevere p u n i s h m e n t in the scale ofpunishments.

103. Every commanding officer who, onapplication being made to him, neglects orrefuses to deliver to a civil court, or to assistin the lawful arrest of, any officer or seamanunder his command who is charged with, orconvicted of, a civil offence before thatcourt, shall be guilty of a naval offence andshall be punished with dismissal withdisgrace from the Navy or with any lesssevere p u n i s h m e n t in the scale ofpunishments.

104. Every person subject to naval lawwho, by any act, conduct, disorder, orneglect which does not constitute an offencefor which special provision is made in anyother section of this Act, prejudices good

order and naval discipline, shall be guilty ofa naval offence and shall be punished withdismissal with disgrace from the Navy orwith any less severe punishment in the scaleof punishments.

PART IX

OFFENCES UNDER THIS ACT WHICH ARENOT NAVAL OFFENCES

105. Every person, other than a personsubject to naval law, who without dueauthority—

(a) publishes or causes to be publishednotices or advertisements for thepurpose of procuring recruits forthe Navy, or relating to recruits forthe Navy, or

(b) opens or keeps any house, place ofrendezvous, or office connectedwith the procuring of recruits forthe Navy, or

(c) receives any person under any suchn o t i c e or adve r t i s emen t asaforesaid, or

(d) directly or indirectly interferes witha duly appointed recruiter in thedischarge of his duties,

shall be guilty of an offence and shall, onconviction after summary trial before aMagistrate, be punished with a fine notexceeding two hundred rupees.

106. Every person, other than a personsubject to naval law, who has knowinglymade a false answer to any question put tohim at an examination for his enlistment asa seaman shall be guilty of an offence andshall, on conviction after summary trialbefore a Magistrate, be punished withsimple or rigorous imprisonment for a termnot exceeding three months.

107. Every person, other than a personsubject to naval law, who by any means—

(a) procures or persuades any officer orseaman to desert or absent himselfwithout leave, or attempts toprocure or persuade any officer orseaman to desert or absent himselfwithout leave, or

False answersby applicantsfor enlistment.

Inducing orassistingofficers orseamen lodesert orabsentthemselveswithout leave.

Breaking bulkon board prizevessel with aview toembezzle.

Persons subjectto naval lawgiving orreceiving illegalgratificationin respect ofappointmentsor promotionsin the Navy.

Injuriousdisclosures.

Failure todeliver to civilcourt officersand seamencharged with,or convictedof, civiloffences.

Offencesagainst navaldiscipline notparticularlymentioned.

Unlawfulrecruiting.

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(b) knowing that an officer or seaman isabout to desert or absent himselfwithout leave, aids him in desertingor absenting himself without leave,or

(c) knowing any officer or seaman tobe a deserter or absentee withoutleave, conceals or employs suchofficer or seaman or aids him inconcealing himself, or effects, oraids him in, his rescue from arrest,

shall be guilty of an offence and shall, onconviction after summary trial before aMagistrate, be punished with simple orrigorous imprisonment for a term notexceeding two years.

108. Every person, other than a personsubject to naval law, who—

(a) wilfully obstructs, or impedes, orotherwise interferes with any officeror seaman in the execution of hisduties, or

(b) wilfully produces any disease orinfirmity in, or maims or injures,any person whom he knows to bean officer or seaman with a view toenabling such officer or seaman toavoid naval service, or

(c) with intent to enable an officer orseaman to render himself, or inducethe belief that he is, permanentlyor temporarily unfit for service,supplies to, or for the use of, suchofficer or seaman any drug orpreparation calculated or likely torender him, or lead to the belieft h a t he is, p e r m a n e n t l y ortemporarily unfit for service,

shall be guilty of an offence and shall, onconviction after summary trial before aMagistrate, be punished with a fine notexceeding one thousand rupees, or withsimple or rigorous imprisonment for a termnot exceeding six months, or with both suchfine and such imprisonment.

109. Every person, other than a personsubject to naval law, who gives or receives,or aids the giving or receiving of, anyvaluable consideration in respect of anyappointment or promotion in or retirementfrom the Navy, or any employment therein,shall be guilty of an offence and shall, on

conviction after summary trial before aMagistrate, be punished with a fine notexceeding one thousand rupees, or withsimple or rigorous imprisonment for a termnot exceeding six months, or with both suchfine and such imprisonment.

110. (1) Every person, other than aperson subject to naval law, who—

(a) buys, exchanges, takes in pawn,detains, or receives from anyp e r s o n , on a n y p r e t e n c ewhatsoever, or

(b) solicits or entices any person to sell,exchange, pawn or give away, or

(c) assists or acts for any person inselling, exchanging, pawning, ormaking away with,

any property of the Navy shall, unless heproves either that he acted in ignorance ofthe fact that such property was the propertyof the Navy, or that it was purchased at asale held by order or with the consent of theCommander of the Navy, or that it was thepersonal property of a person who hadceased to be an officer or a seaman, or ofthe legal representative of an officer or aseaman who had died, be guilty of anoffence and shall, on conviction aftersummary trial before a Magistrate, bepunished with a fine not exceeding twohundred rupees, together with a penalty oftreble the value of any property of which hehas become possessed by means of hisof fence , or with s i m p l e or r igorousimprisonment for a term not exceeding sixmonths, or with both such fine and suchi m p r i s o n m e n t . Such pena l ty may berecovered in like manner as a fine imposedby the Magistrate.

(2) Where there is reasonable ground tobelieve that any property found in thepossession or keeping of any person is navalproperty which has been stolen, or whichhas been bought, exchanged, taken in pawn,obtained or received in contravention of thissection, he may be taken or summonedbefore a Magistrate's Court, and he shall, ifhe does not satisfy the court that he came bysuch property lawfully and without anycotravention of this Act, be punished, onconviction after summary trial, with thesame punishments as are specified for acon t raven t ion of the last p reced ingsubsection.

Interferencewith navalduties.

Purchase ofnaval property.

Persons notsubject tonaval lawgiving orreceiving illegalgratificationin respect ofappointmentsor promotionsin the Navy.

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(3) A person found committing anoffence under this section may be arrestedwithout warrant and taken, together withthe property which is the subject of theoffence, before a Magistrate's Court.

(4) A Magistrate's Court, if satisfied onthe evidence on oath or affirmation of anyperson that there is reasonable cause tosuspect that any other person has in hispossession, or on h is p r e m i s e s , anyproperty with respect to which any offenceunder this section has been committed, maygrant a warrant to search for such property,as in the case of stolen property ; and theofficer charged with the execution of suchwarrant shall seize any such property foundon search of that other person or hispremises and shall bring the person inwhose possession such property is foundbefore such court to be dealt with accordingto law.

(5) For the purposes of this section,property shall be deemed to be in thepossession or keeping of a person if it ispossessed or kept for him by any otherperson.

111. Every person, other than a personsubject to naval law, who receives or has inhis possession any identity certificate, lifecertificate, or other certificate, or officialdocument evidencing or issued in connexionwith the right of any person to a navalp e n s i o n or pay, or to any b o u n t y ,a l lowance , g ra tu i ty , relief, benefi t oradvantage granted in connexion with navalservice, as a pledge or security for a debt orwith a view to obtain payment from theperson entitled thereto of a debt due eitherto the first-mentioned person or to anyother person, shall be guilty of an offenceand shall, on conviction after summary trialbefore a Magistrate, be punished with a finenot exceeding two hundred rupees, or withsimple or rigorous imprisonment for a termnot exceeding six months, or with both suchfine and such imprisonment.

112. Every person, other than a personsubject to naval law, who—

(a) without lawful authority uses orwears any naval decoration, medal,medal ribbon, badge, wound stripe,or emblem, or any imitation thereofwhich is calculated to deceive, or

(b) falsely represents himself to be aperson who is or has been entitledto use or wear any such decoration,medal, medal ribbon, badge, woundstripe, or emblem, or

(c) without lawful authority or excusesupplies or offers to supply anysuch decoration, medal, medalribbon, badge, wound stripe, ore m b l e m , to any pe r son notauthorized to use or wear it,

shall be guilty of an offence and shall, onconviction after summary trial before aMagistrate, be punished with a fine notexceeding two hundred rupees, or withsimple or rigorous imprisonment for a termnot exceeding three months, or with bothsuch fine and such imprisonment.

113. (1) It shall be the duty of everyemployer to give all proper facilities forenabling any person in his employ tobecome or to be a member of the VolunteerNaval Force or the Volunteer Naval Reserveand any such person who is a member ofthat force or reserve to undergo and rendersuch naval training and service as he maybe required to undergo and render by virtueof this Act.

(2) Any employer who—

(a) fails to give the facilities referred toin subsection (1), or

(b) by dismissing an employee or byreducing his wages or in any otherm a n n e r p e n a l i z e s h i m f o ru n d e r g o i n g or r e n d e r i n g anytraining or service referred to inthat subsection,

shall be guilty of an offence and shall, onconviction after summary trial before aMagistrate, be punished with a fine notexceeding one hundred rupees, or withsimple or rigorous imprisonment for a termnot exceeding six months, or with both suchfine and such imprisonment.

114. Where any person, other than aperson subject to naval law—

(a) being duly summoned as a witnessbefore a court martial or a navalofficer exercising judicial powersunder this Act and after payment ortender of the reasonable expenses ofhis attendance, makes default inattending, or

(b) being in attendance as a witnessbefore a court martial or suchofficer—

(i) refuses to take any oath ormake any affirmation which

Misconductof civilianwitness.

Obligations ofemployers.

Possessionof navalcertificateas securityfor debt.

Unauthorizeduse of navaldecorations,&c.

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False evidenceand contemptby civilianwitness.

he is lawfully required by suchcourt martial or officer to takeor make, or

(ii) r e fu se s to p roduce a n ydocument, in his power orcontrol, which he is lawfullyrequired by such court martialor officer to produce, or

(iii) refuses to answer any questionwhich he is lawfully requiredby such court martial orofficer to answer,

he shall be deemed to commit an offence;and the president of the court martial orsuch officer may under his hand certify suchoffence of that person to the nearest civilcourt, and that court may thereupon dealwith that person in like manner as if he hadcommitted a like offence in that court.

115. (1) Where any person, other thana person subject to naval law, wilfully givesfalse evidence when examined on oath oraffirmation before a court martial or a navalofficer exercising judicial powers under thisAct, he shall be deemed to commit theoffence of giving false evidence underChapter XI of the Penal Code and may beprosecuted and punished accordingly.

(2) Where any person, other than aperson subject to naval law, uses insultingor threatening language about or towards acourt martial or a naval officer exercisingjudicial powers under this Act, or causesany interruption or disturbance in theproceedings of a court martial or suchofficer, or prints or publishes observationsor utters words calculated to influence acourt martial or such officer or witnessesbefore a court martial or such officer or tobring a court martial or such officer intodisrepute, he shall be deemed to commit theoffence of contempt of the court martial orsuch officer ; and the president of the courtmartial or such officer may under his handcertify such offence of that person to theCourt of Appeal, and that court maythereupon deal with that person in likemanner as if he had been charged with theoffence of contempt committed against theauthority of that court.

116. Where any person .promotes ororganizes or is a member of any associationor body of persons who, without thepermission of the President, are beingtrained in the use of any naval weapon ofwar or are undergoing any. training of anaval nature, he shall be guilty of an offenceand shall, on conviction after summary trialbefore a Magistrate, be punished withsimple or rigorous imprisonment for a termnot exceeding six months.

117. (1) Every person, other than aperson subject to naval law, who conveys orcauses to be conveyed into a naval prison ornaval detention quarters any articles for thepurpose of facilitating the escape of anynaval prisoner, or by any means whatsoeveraids any naval prisoner to escape or in anattempt to escape from any naval prison ornaval detention quarters, shall be guilty ofan offence and shall, on conviction aftersummary trial before a Magistrate, bep u n i s h e d w i t h s imple or r i g o r o u simprisonment for a term not exceeding twoyears.

(2) Every person, other than a personsubject to naval law, who, for any purposeother than the purpose specified insubsection (1), brings or attempts to bringany article into any naval prison or navaldetention quarters in contravention of suchregulations relating to naval prisons andnaval detention quarters as may be madeunder this Act, shall be guilty of an offenceand shall, on conviction after summary trialbefore a Magistrate, be punished with a finenot exceeding two hundred rupees.

PART X

PUNISHMENTS BY COURTS MARTIAL INRESPECT OF CIVIL OFFENCES

118. (1) Every person subject to navallaw who is convicted by a court martial ofthe offence of treason shall be punished withdeath.

(2) Every person subject to naval lawwho is convicted by a court martial of theoffence of murder shall be punished withdeath.

Unauthorizedtraining of anaval nature.

Persons notsubject tonaval law whoaid escape orattempt toescape ofnavalprisonersor whocontravenenaval prisonregulations.

Treason,murder,culpablehomicide notamountingto murder,and rape.

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(3) Every person subject to naval lawwho is convicted by a court martial of theoffence of culpable homicide not amountingto murder shall be punished with simpleor rigorous imprisonment for a term notexceeding twenty years.

(4) Every person subject to naval lawwho is convicted by a court martial of theoffence of rape shall be punished withsimple or rigorous imprisonment for a termnot exceeding twenty years.

119. Every person subject to naval lawwho is convicted by a court martial of anycivil offence not mentioned in section 118shall be punished—

(a) with dismissal with or withoutdisgrace from the Navy or with anyless severe punishment in the scaleof punishments, or

(b) with the punishment prescribed forsuch offence by any taw of SriLanka other than this Act.

PART XI

AWARD OF PUNISHMENTS BY COURTSMARTIAL AND NAVAL OFFICERSEXERCISING JUDICIAL POWERS

120. The following shall be the scale ofpun i shmen t s , in descending order ofseverity, which, subject to the provisionsof this Act, may be awarded to personsconvicted of offences by courts martial orby naval officers exercising judicial powersunder this Act:—

(a) death;

(b) rigorous imprisonment;

(c) dismissal with disgrace from theNavy;

(d) simple imprisonment;

(e) detention;

(f) dismissal without disgrace from theNavy;

(g) forfeiture of seniority as an officerfor a specified time or otherwise;

(h) dismissal from the ship to which theoffender belongs;

(i) severe reprimand;

(j) reprimand;

(k) d israt ing subordinate or pettyofficer;

(l) forfeiture of pay, allowance, andother emoluments due, and medalsand decorations granted, to theoffender, or of any one or moret h e r e o f ; also, in the case ofdesertion, of all clothes and effectsleft by the deserter on board theship or at the place from which hehas deserted;

(m) such minor punishments as may beprescribed.

121. The following provisions shallapply in regard to the award of punishmentsby courts martial or by naval officersexercising judicial powers under this Act:—

(a) A sentence of death shall not bepassed on any person by a courtmartial unless, where the number ofmembers of the court martial doesnot exceed five, at least four of themembers present, and, where thenumber of members of the courtmartial exceeds five, not less thantwo-thirds of the members present,concur in the sentence.

(b) The sentence of dismissal withdisgrace from the Navy shallinvolve in all cases the forfeitureof all pay, allowances, and otheremoluments due, and all medalsand decorations granted, to theoffender, and an incapacity to serveagain in the Navy, Army or AirForce of Sri Lanka or hold anyoffice under the State.

(c) A sentence of imprisonment may beaccompanied with the direction thatthe prisoner shall be kept in

Specialprovisions inregard to theaward ofpunishments.

Any civiloffence notmentioned insection 118,

Scale ofpunishments.

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Revision ofsentences.

solitary confinement for any periodof the term of imprisonment, notexceeding fourteen days at any onetime and not exceeding eighty-fourdays in any one year, with intervalsbetween the periods of solitaryconfinement of not less durationthan such periods; and when theterm of imprisonment exceedseighty-four days, the so l i ta ryconfinement shall not exceed sevendays in any twenty-eight days of thewhole of such term, with intervalsbetween the periods of solitaryconfinement of not less durationthan such periods.

(d) The punishment of detention may,unless otherwise expressly providedfor in this Act, be for any term notexceeding two years.

(e) The punishment of imprisonment ordetention shall involve disrating inthe case of a petty officer, and shallin all cases be accompanied bystoppage of pay during the term ofimprisonment or detention:

Provided that where the punishmentawarded is detention for a term notexceeding fourteen days, the sentence maydirect that the punishment shall not beaccompanied by stoppage of pay during theterm of detention.

PART XII

REVISION AND EXECUTION OF SENTENCESPASSED BY COURTS MARTIAL AND NAVAL

OFFICERS EXERCISING JUDICIAL POWERS

122. The P r e s i d e n t m a y a n n u l ,suspend, or modify any sentence (includinga sentence of death) passed by a courtmartial or by a naval officer exercisingjudicial powers under this Act, or substitutea punishment inferior in degree for thepunishment involved in any such sentence,or remit the whole or any portion of thepunishment involved in any such sentence,or remit the whole or any portion of thepunishment into which the punishmentinvolved in any such sentence has beencommuted; and any sentence so modified

shall, subject to the provisions of this Act,be valid, and shall be carried into execution,as if it had been originally passed, with suchmodification, by such court martial orofficer:

Provided that neither the degree nor theduration of the punishment involved in anysentence shall be increased by any suchmodification.

123. A sentence of death passed by acourt martial shall not be carried out untilthe sentence has been confirmed by thePresident.

124. (1) Every officer, below the rankof commander, who is authorized in thatbehalf by the President shall have the powerto order the committal of a naval prisonerto prison or detention quarters.

(2) An officer authorized to make anorder under subsection (1) is hereinafterreferred to as a " committing authority ".

125. (1) An order of a committingauthority shall be a sufficient warrant forthe committal of a naval prisoner to prisonor detention quarters.

(2) An order of a committing authorityshall, be a sufficient authority for thetransfer of a naval prisoner from prison todetention quarters or vice versa, or fromany prison or detention quarters to anyother prison or detention quarters.

(3) It shall be lawful for the committingauthority, by order in writing, to direct thatany person who is undergoing imprisonmentor detention by virtue of a sentence passedon him by a court martial or by a navalofficer exercising judicial powers under thisAct be delivered over to naval custody forthe purpose of being heard before a courtmartial, either as a witness, or for trial oro t h e r w i s e , and such p e r s o n sha l laccordingly, on the production of suchorder, be delivered over to such custody.

(4) A naval prisoner whose sentence isremitted may be released by order of thecommitting authority.

Sentenceof death.

Committingauthorities.

Committal,transfer,removal andrelease of navalprisoners.

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126. (1) Every term of imprisonmentor detention in pursuance of this Act shallbe reckoned as commencing on the day onwhich the sentence was awarded.

(2) Where, by reason of a ship being atsea or off a place at which there is no properprison or there are no proper detentionquarters, a sentence of imprisonment ordetention passed on an offender cannot beduly executed, he shall, on arrival at someplace at which there is a proper prison orthere are proper detention quarters, undergohis sentence in like manner as if the time ofsuch arrival were the day on which thesentence was awarded; and the term ofimprisonment or de ten t ion shall bereckoned acco rd ing ly subject to thededuction of any time during which he hasbeen kept in confinement in respect of thesentence passed on him.

127. The t i m e d u r i n g wh ich anyoffender under sentence of imprisonment ordetention is detained in naval custody shallbe reckoned as imprisonment or detentionunder his sentence.

128. If a p e r s o n i m p r i s o n e d orundergoing detention by virtue of a sentencepassed on him by a court martial or by anaval officer exercising judicial powersunder this Act becomes unsound in mind,the President may, upon a certificate by twoqualified medical practitioners that suchperson is of unsound mind, order that suchperson shall be removed to a mentalhospital or other place for the reception ofpersons of unsound mind and that he shallbe there confined for the unexpired term ofhis imprisonment or detention or until he isagain of sound mind ; and, if before theexpiry of that term such person is certifiedin the like manner to be again of soundmind, the President may order that suchperson shall be removed to any prison ordetention quarters in which he might havebeen confined if he had not becomeunsound in mind and that he shall thereserve the remainder of that term.

129. (1) It shall be lawful for theMinister to set apart any buildings orvessels, or any parts thereof, as navalprisons or naval detention quarters, and anybuildings or vessels, or parts of buildings or

vessels, so set apart as naval prisons ornaval detention quarters, as the case maybe, shall be deemed to be naval prisonsor naval detention quarters, respectively,within the meaning of this Act.

(2) In any country in which operationsagainst the enemy are being conducted, thepowers of the Minister under subsection (1)shall be exercised by the officer for the timebeing in command of the forces of SriLanka in the field.

PART XIII

CIVIL COURTS

130. (1) Save as provided in subsection(2), nothing in this Act shall affect thejurisdiction of a civil court to try and punishany person subject to naval law for any civiloffence.

(2) If a person subject to naval law isconvicted of any civil offence and sentencedto punishment by a court martial and isafterwards tried for, and convicted of, thesame offence by a civil court, then the civilcourt shall, in awarding punishment, havedue regard to such punishment imposed bythe court martial as that person may havealready undergone.

131. It shall be the duty of everycommanding officer—

(a) on an order made in that behalf by acivil court, to surrender to thatcourt any officer or seaman underhis command who is charged with,or convicted of, any civil offencebefore that court, and

(b) to assist any police officer or anyo t h e r o f f i c e r c o n c e r n e d orconnected with the administrationof justice to arrest any officer orseaman so charged or convicted.

132. (1) Such of the provisions ofArticle 140 of the Constitution as relate tothe grant and issue of writs of mandamus,certiorari, and prohibition shall be deemedto apply in respect of any court martial orof any naval officer exercising judicialpowers under this Act.

Jurisdiction ofcivil courts notaffected by thisAct.

Deliveryof navaloffendersto the civilpowers.

Issue ofprerogativewrits by Courtof Appeal.

Commence-ment ofterm ofimprisonmentor detention.

Detention innaval custody.

Prisoners ofunsound mind.

Establishmentof navalprisons andnaval detentionquarters.

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(2) The provisions of Article 141 of theConstitution relating to the issue of writs ofhabeas corpus shall be deemed to apply inrespect of any person illegally detained incustody by order of a court martial or othernaval authority.

133. A n y a c t i o n , p r o s e c u t i o n , orproceeding against any person for any actdone in pursuance or execution or intendedexecution of this Act, or in respect of anyalleged neglect or default in the executionof this Act, shall not be instituted orentertained, unless—

(a) it is commenced within six monthsnext after the act, neglect or defaultcomplained of,

(b) written notice setting out the causeof action or the alleged offence, thename and place of abode of theperson intending to be the plaintiffor the complainant, and any reliefclaimed has been delivered to, orleft at the residence or officialaddress of, the person againstwhom the action, prosecution, orp roceed ing is in tended to beinstituted, and

(c) one month has expired after suchnotice has been so delivered or left.

PART XIV

RULES OF EVIDENCE

134. Subject to the other provisions ofthis Part, the rules of evidence to beadopted in proceedings before a courtmartial shall be the same as those followedin the civil courts in Sri Lanka.

135. Sections 136 to 146, both inclusive,shall apply to proceedings under this Actwhether before a court martial or a civilcourt notwithstanding anything in any otherlaw.

136. The attestation paper purporting tohave been signed by a person on his beingenlisted as a seaman in the Navy, or thedeclaration purporting to have been madeby a person upon his re-engagement in theNavy, shall be evidence of the fact that he

Proof ofenlistment.

Letters,returns,or otherdocumentsrespectingservice.

has given such answers to questions as he istherein represented to have given.

137. The enlistment of a person as aseaman in the Navy may be proved by theproduction of a copy of his attestationpaper certified to be a true copy by theofficer having the custody of the attestationpaper, without proof of the handwriting ofsuch officer or of his having such custody.

138. A tetter, return, or other documentstating, in respect of any person, that he—

(a) has, or has not, at any time servedin, or been discharged from, theNavy, or

(b) has, or has not. held any rank orappointment in, or been posted ortransferred to, any part of theNavy, or served in any particularcountry or place, or

(c) has been, or has not been, authorizedto use or wear any nava ldecoration, medal, medal ribbon,badge, wound stripe, or emblem,the use or wearing of which by anunauthorized person is an offenceunder this Act,

and purporting to have been signed by thecommanding officer, or the officer havingthe custody of the records, of that part ofthe Navy to which such person appears tohave belonged or alleges that he belongs orat any time belonged, shall be evidence ofthe facts stated in such letter, return, orother document.

139. Copies, purporting to have beenprinted by the Government Printer, ofregulations or orders made under this Actshall be evidence of such regulations ororders:

140. A navy list or Gazette purportingto have been published by authority of thePresident and printed by the GovernmentPrinter shall be evidence of the ranks of theofficers therein mentioned, and of anyappointments held by such officers, and ofthe parts of the Navy to which such officersbelong or at any time belonged.

Copies ofregulations andorders printedby GovernmentPrinter.

Actionsagainstpersons foracts doneunder thisAct.

Rules ofevidence inproceedingsbefore courtsmartial.

Applicationof sections136 to 146.

Proof ofanswers givenby a person onenlistment orre-engagementas a seaman.

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141. An order made under this Act by anaval authority shall be deemed to beevidence of the matters directed by this Actto be stated therein, and a copy of suchorder purporting to have been certified to bea true copy by the officer therein alleged tobe authorized by the Commander of theNavy to certify it shall be admissible inevidence.

142. Where a record is made in anybook of the Navy in pursuance of any navalduty and purports to have been signed bythe commanding officer or by the officerwhose duty it is to make such record, suchrecord shall be evidence of the facts therebystated. A copy of such record purporting tohave been certified to be a true copy by theofficer having the custody of such bookshall be evidence of such record.

143. A descriptive return, within themeaning of section 151, purporting to havebeen signed by a Magistrate shall beevidence of the matters therein stated.

144. (1) Where any officer or seamancharged with being a deserter or absenteewithout leave has surrendered to a provostmarshal, assistant provost marshal or otherofficer, a certificate purporting to have beensigned by such provost marshal, assistantprovost marshal or other officer and statingthe fact, date and place of surrender, shallbe evidence of the matters so stated.

(2) Where any of f icer or seamancharged with being a deserter or absenteewithout leave has surrendered to a policeofficer in charge of a police station and hasbeen delivered into naval custody by suchpolice officer, a certificate purporting tohave been signed by such police officer andstating the fact, date, and place of surrendershall be evidence of the matters so stated.

145. Where any officer or seaman hasbeen arrested and taken to any office,station, or post, in any place outside SriLanka, which corresponds to a policestation in Sri Lanka, or has on surrenderbeen taken into custody at any such office,station, or post, a certificate which purportsto have been signed by the officer in chargeof such office, station, or post, and whichstates the fact, date, and place of arrest orsurrender shall be evidence of the mattersso stated.

Copy ofproceedingsof courtmartial.

Evidence ofconviction oracquittal by acivil court.

146. A copy of the whole or any part ofthe p r o c e e d i n g s of a cour t mar t i a lpurporting to have been certified by theCommander of the Navy, or by any officerthereto authorized by the Commander ofthe Navy, to be a true copy of suchproceedings or of such part, shall beadmissible in evidence without proof of thesignature of such Commander or officer.

147. Where any person subject to navallaw has been tried for any offence by a civilcourt, the Registrar of such court shall,if requested by the commanding officerof such person or by any other officera u t h o r i z e d in t h a t b e h a l f by suchcommanding officer, transmit to the officerby whom the request is made a certificatesetting out the offence for which suchperson was tried and the judgment of suchcourt thereon. Such certificate shall, in anyproceedings before a court martial or anaval officer exercising judicial powersunder this Act, be evidence of the mattersstated therein.

PART XV

MISCELLANEOUS

148. (1) Where an officer commits intime of war a disciplinary offence, theofficer having power to order a courtmartial to be held may, if he considers thatthe offence is of such a character as notto necessitate trial by a court martial, inlieu of ordering a court martial, order adisciplinary court, constituted as hereinaftermentioned, to be held for the trial of theoffender.

(2) A d i s c i p l i n a r y cour t sha l l becomposed of not less than three and notmore than five officers, of whom one shallbe a commander or of higher rank.

(3) A disciplinary court shall havepower to impose any punishment inferior todetention in the scale of punishments, butno greater punishment.

149. All armed rebels, armed mutineers,and pirates shall be deemed to be enemieswithin the meaning of this Act.

Trial of officersfor disciplinaryoffences intime of war.

Armed rebelsand mutineers.

Orders madeunder this Actby navalauthorities.

Record madein a bookof the Navyin pursuanceof duty.

Descriptivereturn.

Certificateregardingsurrenderof allegeddeserter orabsenteewithoutleave.

Certificateregardingarrest orsurrenderof officeror seamanoutsideSri Lanka.

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Power to arrestoffenders.

Arrest ofdeserters andabsenteeswithout leave.

150. An officer in command of a ship ofthe Navy or an officer empowered by thisAct to exercise judicial powers may, bywarrant under his hand, authorize anyperson to arrest a person subject to navallaw for any such offence under this Act asmay be mentioned in the warrant. Any suchwarrant may include the names of morepersons than one in respect of severaloffences of the same nature, and any personnamed in any such warrant may forthwith,on his arrest, if the warrant so directs, betaken on board the ship to which hebelongs, or some other ship of the Navy.Any person authorized by any such warrantto arrest an offender may use force, ifnecessary, for the purpose of effecting thearrest.

151. The following provisions shall haveeffect with respect to officers and seamenwho are deserters or absentees withoutleave;—

(a) Upon reasonable suspicion that anofficer or a seaman is a deserter oran absentee without leave, it shallbe lawful for any police officer,or, if there is no police officer athand, for any person, to arrest thesuspected officer or seaman andforthwith to bring him before aMagistrate's Court.

(b) Where an officer or a seamanreasonably suspec ted to be adeserter or an absentee withoutl e a v e is b r o u g h t b e f o r e aMagistrate's Court, the court—

(i) if s a t i s f i e d , e i t h e r byindependent evidence takenon oath or affirmation or bythe confession of such officeror seaman, that he is ad e s e r t e r or an absenteewithout leave, shall forthwith,as it may seem to the courtmost expedient with regard tohis safe custody, cause himeither to be delivered intonaval custody or, until he canbe so d e l i v e r e d , to becommitted to some prison,police station, or other placel e g a l l y p r o v i d e d f o rconfinement of persons in

custody, for such time asa p p e a r s to t h e c o u r treasonably necessary for thepurpose of delivering him intonaval custody, and

(ii) where such officer or seamanconfesses himself to be adese r t e r or an a b s e n t e ewithout leave and the court isnot convinced of the truth ofthe confession, shall remandhim for t h e p u r p o s e ofobtaining information as tothe truth or falsehood of theconfess ion , and for thatpu rpose the cour t shalltransmit to the Commander ofthe Navy a descriptive returnin such form and containingsuch particulars as may beprescribed, relating to suchofficer or seaman.

(c) The court may, from time to time,remand the officer or seamanreferred to in paragraph (b) of thissection for a period not exceedingeight days in each instance.

(d) Where under paragraph (b) (i) ofthis section a court causes an officeror a seaman either to be deliveredi n t o naval cus tody or to becommitted as a deserter or anabsentee without leave, the courtshall send to the Commander of theNavy a descriptive return relating tosuch officer or seaman.

(e) Where an officer or a seamansurrenders himself to a policeofficer as being a deserter or anabsentee without leave, the officerin charge of the police station towhich he is brought shall forthwithinquire into the case, and, if itappears to him from the confessionof such officer or seaman that suchofficer or seaman is a deserter orabsentee without leave, may causesuch officer or seaman to bedelivered into naval custodywithout bringing him before aMagistrate's Court unde r th i ssection, and in such case shall send

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Restrictionon arrestof officeror seamanfor debt.

Assignment,seizure, orsequestrationof pay, &c.

Maintenanceof wife andchildren.

to the Commander of the Navy acertificate signed by himself as tothe fact, date, and place of thesurrender of such officer or seaman.

152. (1) It shall not be lawful for anyperson to arrest an officer or a seamanunder any warrant, process, or writ issuedby any court in a suit for the recovery of adebt due from the officer or seaman, unlessthe debt was contracted when the debtorwas not a member of the Navy, nor unlessbefore the issuing of the warrant, process, orwrit, the plaintiff in the suit or some personon his behalf has made an affidavit that thedebt due to the plaintiff was contracted at atime when the debtor was not a member ofthe Navy, nor unless a memorandum ofsuch affidavit is made on the back of thewarrant, process, or writ.

(2) Where an officer or a seaman isarrested in contravention of the provisionsof subsection (I), the court which issued thewarrant, process, or writ under which thearrest was made may, on complaint by suchofficer or seaman or by his superior officer,investigate the case and, if satisfied that thearrest was made in contravention of suchprovisions, may make an order for theimmediate discharge of the arrested officeror seaman, and may award to him the costsof the complaint, for the recovery of whichhe shall have the like remedy as the plaintiffin the suit in which the warrant, process, orwrit was issued would have on judgmentbeing given in his favour with costs.

153. (1) Every assignment of and everycharge on, and every agreement to assign orcharge, the pay or any allowance or otheremoluments of any officer or seaman, shallbe void unless it is approved by thePresident or any person thereto authorizedby the President.

(2) No pay, a l lowance , or o theremoluments of any officer or seaman shallbe seized or sequestered under any writ ororder issued or made by any civil court.

154. Where a civil court enters a decreeor makes an order against a person, who isor subsequently becomes an officer or aseaman, for the payment of any sum as costof maintenance of his wife or of his

legitimate or illegitimate child or children,the Commander of the Navy may, if a dulycertified copy of such decree or order is sentto him, cause to be deducted from the payof the o f f ice r or seaman and to beappropriated towards the payment of thatsum such portion of the pay of the officer orseaman as the Commander of the Navy maydetermine, so however that there shall beleft to the officer or seaman not less thanone-third of his pay.

155. (1) Where a person subject tonaval law is convicted by a court martial ofthe offence of committing theft or criminalbreach of trust of any property, or ofreceiving any property knowing it to bestolen property, and the property or anypart thereof is found in the possessionof that person, the court martial or thePresident may order the property so foundto be restored to the person appearing to bethe lawful owner thereof.

(2) Where any property found in thepossession of a person convicted by a courtmart ia l of an offence referred to insubsection (1) appears to the court martialor to the President to have been obtained bythe conversion or exchange of any of theproperty in respect of which that offencewas committed, an order similar to an orderunder that subsection may be made by thecourt martial or the President,

(3) Where it appears to the court martialmentioned in subsection (1) or to thePresident, from the evidence given beforethe court martial, that any part of theproperty referred to in that subsection wassold to or pawned with any person withoutany guilty knowledge on the part of thatperson, the court martial or the Presidentmay, on the application of that person andon the restitution of such property to theowner thereof, order that out of the money,if any, found in the possession of theoffender, a sum not exceeding the amountof the proceeds of the sale or pawning shallbe paid to that person.

(4) An order under this section shall notbar the right of any person, other than theoffender or anyone claiming through him,to recover any property delivered inpursuance of such order from the person towhom it is so delivered.

Power as torestitutionof stolenproperty.

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property " includes(5) In this sectionmoney.

156. Where any member of any navalforce raised outside Sri Lanka is attached tothe Navy of Sri Lanka for duly and serviceor for exercise or training, he shall besubject to the provisions of this Act while heis so attached.

157. All property belonging to the Navy,other than the property of individualmembers of the Navy, and the exclusiveright to sue for and recover moneys andother property due to the Navy, shall vest inthe Commander of the Navy for the timebeing, with power for him to sue, to makecontracts and conveyances, and to do ailother lawful things relating to suchproperty; and civil or criminal proceedingstaken by virtue of this section by theCommander of the Navy shall not bediscontinued and shall not abate by reasonof this death, resignation, retirement, orremoval from office, but may be carried onby and in the name of his successor inoffice.

158. Where any order is authorized bythis Act to be made by the Commander ofthe Navy, such order may be signified underthe hand of any officer authorized to issueorders on behalf of the Commander of theNavy; and an order purporting to havebeen signed by any officer appearing thereinto be so authorized shall be evidence of hisbeing so authorized.

159. Where any port is wholly or mainlyused by the Navy, the Minister may, byOrder published in the Gazette, declare thatport to be a naval port for the purpose ofenabling the making of regulations underthis Act in regard to matters affecting thatport. The limits of every naval port shall bedefined in the Order by which the port isdeclared to be a naval port.

160. (1) The Minister may by Orderpublished in the Gazette declare that, witheffect from such date as may be specified inthe Order, any provision of written law(other than this Act and the regulationsmade thereunder) which is generally orspecially mentioned in the Order and whichrelates to ports or to persons, vessels or

other property in ports or to the carrying onof any undertaking or to the doing of or theomission to do any act in ports, and whichis a provision not related to or connectedwith the imposition, levy or payment ofcus toms dut ies or the prevention ordetection of the smuggling of goods—

(a) shall not apply, or

(b) shall apply with such modificationsas may be specified in the Order,

to and in relation to the members or vesselsof the Navy.

(2) Every Order made by the Ministerunder subsection ( I ) shall have the force oflaw.

161. (1) The M i n i s t e r may makeregulations, not inconsistent with this Act,prescribing all matters which by this Act arerequired or permitted to be prescribed orwhich are necessary to be prescribed forsecuring the discipline and good governmentof the Navy or for giving effect to this Act,and in particular in respect of all or any ofthe following matters:—

(a) appointments and promotions in theNavy;

(b) the pay, allowances, and othere m o l u m e n t s of o f f icers andseamen;

(c) pensions and gratuities to officersand seamen or the widows, childrenand other dependants of deceasedofficers and seamen;

(d) procedure for obtaining redress ofgrievances of officers and seamen;

(e) the summoning of witnesses requiredto give evidence before courtsmartial and naval officers exercisingjudicial powers under this Act;

(f) the assembly and procedure ofdisciplinary courts;

(g) the management and regulation ofnaval prisons and naval detentionquarters;

Members ofany foreignnaval forceattached tothe Navy ofSri Lanka.

Vesting ofnaval propertyin Commanderof the Navy.

Povisions aslo ordersby Commanderof the Navy.

Naval ports.

Exclusionor modifiedapplication ofwritten lawaffectingports.

Regulations.

[§ 2, 11 of1962,]

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(h) the labour of prisoners in navalp r i s o n s and n a v a l d e t e n t i o nquarters and the enabling of suchpr isoners to earn, by specialindustry and good conduct, aremission of a portion of theirsentence;

(i) the maintenance of discipline amongprisoners in naval prisons and navaldetention quarters, the punishmentby personal correction, restraint orotherwise of offences committed bythem, and the temporary releaseof them in such cases, for suchperiods, and subject to suchconditions, as may be prescribed ;

(j) the good government of navalestablishments, the discipline ofpersons receiving instructions ortraining or employed in or inc o n n e x i o n w i t h n a v a lestablishments;

(k) the prohibition or regulation of theentry, departure, movement oranchoring of vessels into, from orin naval ports;

(l) the provision of port equipment andport facilities to persons requiringthem in naval ports, and the fixingof f e e s f o r t h e use of suchequipment and facilities;

(m) the safety of naval ports ;

(n) the prohibition or regulation of theadmission of persons to navalports;

(o) the conduct of persons within navalports;

(p) the control of traffic within navalports;

(q) the p r e v e n t i o n of damage toproperty within naval ports ;

(r) any other matter affecting navalports.

(2) The regulations may provide aspunishments for breaches thereof, simple orrigorous imprisonment for a term notexceeding three months, or a fine notexceeding two hundred rupees, or both suchimprisonment and such fine.

(3) No regulation made in respect of thematters mentioned in paragraph (i) ofsubsection (1 ) shall authorize corporalpunishment to be inflicted for any offence,nor render the imprisonment or detentionmore severe than it is, under the law in forcefor the time being, in any civil prison.

(4) Every r egu la t ion made by theMin i s t e r under this sect ion sha l l bepublished in the Gazette and shall come intooperation from the date on which it is sopublished or, where a later date of operationis specified in the regulation, from such laterdate.

(5) Every regulat ion made by theMinister under this section shall, as soon aspracticable, be brought before Parliamentby motion that such regulation shall beapproved.

(6) Any regulation which Parliamentrefuses to approve shall be deemed to berescinded but without prejudice to theva l id i ty of any th ing p rev ious ly donethereunder or to the making of any newregulation. The date on which a regulationshall be so deemed to be rescinded shall bethe date on which Parliament refuses toapprove it.

(7) Notification of the date on whichany regulation made by the Minister underthis section is deemed to be rescinded shallbe published in the Gazette.

*163. In this Act, unless the context Interpretation.otherwise requires—

" active service " means service renderedin the defence of Sri Lanka in timeof w a r w h e t h e r a c t u a l orapprehended, or in the preventionor suppression of any rebellion,i n s u r r e c t i o n , or o the r civildisturbance in Sri Lanka;

" civil court" means any court other thancourts martial;

* Section 162 is omitted, as it makes the " King's Regulations " applicable to the Navy, prior to 1972.

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" civil offence " means an offence againstany law of Sri Lanka which is not anaval offence;

" disciplinary offence " means a breach ofsection 61, 68, 69, 70, 89, or 104 ;

" Minister " means the Minister in chargeof the subject of Defence;

" naval port" means a port declared bythe Minister to be a naval portunder section 159;

" naval prisoner " means a person undersen tence of i m p r i s o n m e n t ordetention passed by a court martialor by a naval officer exercisingjudicial powers under this Act;

" officer " means a commissioned officer,warrant officer, or subordinateofficer,

" petty officer" includes a chief pettyofficer;

"prescribed" means prescr ibed byregulation made under this Act;

" scale of punishments " means the scale ofpunishments set out in section 120 ;

" seaman " means a member of the Navynot being an officer;

" Secretary " means the Secretary to theMinistry charged with the subject ofDefence;

" subordinate officer " means an actingsub-lieutenant, a midshipman, or acadet;

" superior officer" includes any officer,p e t t y o f f i c e r , and n o n -commissioned officer.

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