ACTS OF GHANA

   ARMED FORCES REGULATIONS, 1970 (CI 12)

As amended

IN exercise of the powers conferred on the Armed Forces Council by Article 152 of the Constitution, and with the prior approval of the President, these Regulations are made this     day of                19  .

VOLUME 1

(Administrative)

CHAPTER 1—INTRODUCTION AND DEFINITIONS

1.01—CITATION

These Regulations may be cited as Armed Forces Regulations ("AFR").

1.02—DEFINITIONS

In AFR and in all orders and instructions issued to the Armed Forces under the Constitution and the Armed Forces Act, unless the context otherwise requires:

(i) "Accounting Officer" means an officer who is responsible for the receipt, custody, control and distribution of, and accounting for public funds;

(ii) "administrative deduction" means an amount chargeable against the pay and allowances of an officer or man to reimburse the state or an institute, mess or canteen in whole or in part, for financial loss for which that officer or man has been found responsible;

(iii) "advancement" means the acquisition of a higher trade group than that formerly held;

(iv) "aircraft" means any machine for flying, whether propelled by mechanical means or not, and includes any description of balloon;

(v) "air force" means the Air Force of Ghana;

(vi) "Armed Forces Act" means the Armed Forces Act, 1962 (Act 105);

(vii) "army" means the Army of Ghana;

(viii) "attachment" means—

(a) the assignment of a person for continuous duty or training outside his parent service to another service within the Armed Forces; or

(b) the temporary assignment of a person within his parent service to a component, subcomponent, formation, station, unit or ship other than that in which he is ordinarily employed and in which he continues to fill a position;

(ix) "bands" means those bands of the Armed Forces authorised by establishment or by the Chief of Defence Staff;

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(x) "Camp training" means duty performed by an officer or man of the Reserves while undergoing annual training in camp including proceeding to and returning from the camp;

(xi) "casualty" means any injury to or illness of an officer or man whether or not it is fatal, and includes the absence of a missing officer or man;

(xii) "civil prison" means any prison, gaol or other place in Ghana in which offenders sentenced by a civil court to imprisonment can be confined, and if sentenced out of Ghana, any prison, gaol or other place in which a person, sentenced to imprisonment by a civil court having jurisdiction in the place where the sentence was passed, can for the time being be confined;

(xiii) "classification" means—

(a) one of the grades of private namely trained soldier or recruit; or

(b) one of the grades of able seaman or ordinary seaman;

(c) one of the grades of aircraftman, namely leading aircraftman, aircraftman 1st class or aircraftman 2nd class;

(xiv) "classified material" means all material which for reasons of policy or security should be specially safeguarded;

(xv) "Command" means the authority vested in each officer or man to exercise control, direction, inspection and the power of decision over others subordinate to himself to the degree necessary to carry out the responsibility imposed on him;

(xvi) "Commanding officer" means—

(a) the officer in command of a unit, ship or fleet establishment; or

(b) any other officer designated as a commanding officer by the Armed Forces Council;

(xvii) "continuous duty" means full-time duty performed by an officer or man of the Reserves anticipated to exceed six months, including proceeding to and returning from the place of duty, but not including attendance at courses which form part of the training of the Reserves;

(xviii)  "court martial" means a General Court Martial or a Disciplinary Court Martial;

(xix)  "department", in relation to the Navy, refers to the main sections into which ships or fleet establishments are divided for the purpose of allocation of specific duties and responsibilities;

(xx)   "detached duty" means continuous duty performed by an officer or man away from his formation, station, unit, ship or fleet establishment;

(xxi)  "detachment" means personnel engaged on detached duty;

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(xxii) "detachment barracks" means a place designated as such by the Chief of Defence Staff;

(xxiii) "division" of a ship or fleet establishment refers to the section into which men serving in the ship or fleet establishment may be divided for purposes of discipline and to facilitate the training and welfare of the men;

(xxiv) "Divisional Drills" means duty by an officer or man of the Reserves at a naval division, including attendance at drill, parades, demonstrations, and exercises;

(xxv)  "emergency" means war, invasion, riot or insurrection, real or apprehended;

(xxvi) "establishment" means—

(a) the personnel and material authorised to constitute a unit of the Army or Air Force; and

(b) the outfit of stores authorised for a ship or naval establishment;

(xxvii) "enrol" means to cause any person to become a member of the Armed Forces,

(xxviii) "family" means the wife and unmarried children under the age of 21 of an officer or man;

(xxix) "Flag Officer" means an officer of the rank of Rear Admiral or above;

(xxx) "fleet establishment" means a naval establishment commissioned by order of the President;

(xxxi) "formation" means a number of stations or units including a headquarters, grouped under a single commander;

(xxxii) "Ghana Navy Ship" means a vessel of the Navy of Ghana commissioned as a vessel of war;

(xxxiii) "institute" means a mess, canteen or institution maintained or operated by a unit, ship or other element for the purpose of providing goods, services and amenities;

(xxxiv) "Local Training" means duty performed by an officer or man of the Reserves at local headquarters, including attendance at drills, parades, demonstrations, and exercises;

(xxxv)  "material" means all movable public property, other than money, provided for the Armed Forces or for any other purpose under the Armed Forces Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided;

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(xxxvi) "message" means any thought or idea expressed briefly, in plain or secret language, prepared in a form suitable for transmission by established means of rapid communication;

(xxxvii)  "Ministry" means the Ministry of Defence;

(xxxviii) "navy" means the Navy of Ghana;

(xxxix) "naval division" means a fleet establishment organised as a training and administrative unit of the Reserves;

(xl) "naval establishment" means offices, quarters, barracks, dockyard, victualling yards, naval yards, factories, rifle and gun ranges, naval colleges and all other buildings, works and premises constructed or set apart for the Navy;

(xli) "Naval General Orders" includes General Orders and confidential General Orders of the Navy;

(xlii) "Naval Training," means duty performed by an officer or man of the naval Reserves, while undergoing annual training in a ship or fleet establishment, including proceeding to and returning from the place where the duty is performed;

(xliii) "non-commissioned officer" means—

(a) squadron, battery or company, quartermaster sergeant, staff sergeant, sergeant, corporal or bombadier of the army;

(b) petty officer class I & II, leading seaman;

(c) a flight sergeant, sergeant or corporal of the air force;

(xliv) "officer" includes a subordinate officer (see definition of "subordinate officer");

(xlv) "operational readiness" means the availability of all personnel and material, within prescribed limits of capability, which enables the unit to perform its operational task;

(xlvi) "pay" means pay of rank or classification, and trade group, including progressive pay as appropriate, and includes pay at such consolidated rates as may be approved from time to time by the Armed Forces Council;

(xlvii) "paymaster" means an officer who is responsible under these Regulations for the receipt, custody or disbursement of public funds;

(xlviii)  "personal equipment" means all material issued to an officer or man for his personal wear or other personal use;

(xlix) "prescribed" means prescribed in orders and instructions;

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(l)  "promotion" means the acquisition of a higher rank than that formerly held;

(li) "ration strength" means the number of persons for which ration may be drawn at a unit, ship or other element;

(lii) "reclassification" means a change within the classifications of private, able seaman or ordinary seaman or aircraftman;

(liii) "reduction" means compulsory demotion from a substantive or temporary rank to a lower rank by reason of or consequent upon a sentence imposed by a service tribunal;

(liv) "release" means the termination of the service of an officer or man in any manner whatsoever;

(lv) "remuster" means the change of a man from one trade to another;

(lvi) "Reserves" means the Regular Reserves, Volunteer Forces and Volunteer Reserves of the Armed Forces;

(lvii) "reversion" means the return to lower rank other than by reduction;

(lviii) "secondment" means the assignment of an officer or man for continuous duty outside the Armed Forces;

(lix) "Senior Naval Officer in Command" means the officer appointed in command of a naval area or combination of ships;

(lx) "service", when used adjectivally, means belonging to or connected with the Armed Forces or any part of the Armed Forces;

(lxi) "service custody" means the holding under arrest or in confinement of any person by the Armed Forces and includes confinement in a detention barracks;

(lxii) "service detainee" means a person who is under a sentence that includes a punishment of detention imposed upon him pursuant to the Code of Service Discipline;

(lxiii) "service offence" means an offence under the Armed Forces Act, or any other enactment for the time being in force, committed by a Person while subject to the Code of Service Discipline;

(lxiv) "service prisoner" means a person who is under a sentence imposed upon him by civil court that includes a punishment of imprisonment for less than two years;

(lxv)  "service tribunal" means a court martial or a person presiding at a summary trial;

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(lxvi) "ship" means any vessel of the navy commissioned or ordered to be commissioned;

(lxvii) "Special Duty" means duty performed by an officer or man of the Reserves other than continuous military duty, Local Training, Camp Training, Divisional Drills and naval training including proceeding to and returning from the place where the duty is" performed;

(lxviii) "station" means one or more units designated by orders as comprising a station;

(lxix) "subordinate officer" means—

(a) army cadet

(b) naval cadet

(c) flight cadet, and

(d) midshipman;

(lxx) "summary trial" means a trial conducted by or under the authority of a commanding officer under section 63 of the Armed Forces Act or a superior commander under Section 64 of the Armed Forces Act;

(lxxi) "superior officer" means any officer or man who, in relation to any other officer or man, is by the Armed Forces Act or by regulations made thereunder or by custom of the appropriate Forces, authorised to give a lawful command to that other officer or man;

(lxxii) "tender" includes any ship, vessel, fleet establishment or body designated as such by the Navy Commander;

(lxxiii) "the Captain" in relation to the navy, means the officer appointed to command the ship or fleet establishment and in cases, and to the extent, designated by the Navy Commander, the officer in immediate command of persons on detached duty on shore or otherwise;

(lxxiv) "the Captain of an aircraft" means the officer in supreme charge of an aircraft;

(lxxv) "the Executive Officer" means in relation to the navy the officer or man who is appointed or drafted as such;

(lxxvi) "trade" means a military occupation requiring knowledge and skill as prescribed in the Armed Forces trade specifications;

(lxxvii) "trade group" means a level of knowledge and skill within a trade as prescribed in the Armed Forces trade specifications;

(lxxviii) "unit" means an individual body of the Armed Forces authorised by establishment pursuant to section 2 of the Armed Forces Act with the personnel and material thereof;

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(lxxix) "vessel" means any description of craft, however propelled, used or designated to be used in navigation, other than a commissioned ship of the navy;

(lxxx) "wife", in a case where there are two wives or more, means the wife nominated in writing by the officer or man or, where no wife is so nominated, the senior wife.

(lxxxi) "works and buildings" means the land and physical installations of a unit or naval establishment, including buildings, runways, roads, water and power installation and other related fixed installations and structures.

1.03—PERSONS SUBJECT TO AFR

(1) Unless the context otherwise requires, AFR and all orders and instructions issued to the Armed Forces under the authority of the Armed Forces Act, shall apply to—

(a)  the Regular Forces;

(b)  the Reserves, when subject to the Code of Service Discipline; and

(c) save as the Armed Forces Council may otherwise direct, all persons other than those mentioned in (a) and (b), if they are subject to the Code of Service Discipline.

(2) Officers and men who become prisoners of war continue to be subject to AFR and all orders and instructions issued to the Armed Forces under authority of the Armed Forces Act.

1.04—WORDS AND PHRASES-HOW CONSTRUED

Words and phrases shall be construed according to the common approved meaning except that—

(a) technical words and phrases, and words that have acquired a special meaning within the Armed Forces shall be construed according to their special meaning; and

(b) words and phrases that are defined by AFR or by any other law shall be construed according to that definition.

1.05—SINGULAR AND PLURAL WORDS

In AFR unless the contrary intention appears words used in the singular shall include the plural, and words in the plural shall include the singular.

1.06—"MAY", "SHALL" AND "SHOULD"

In AFR—(a) "may" shall be construed as being permissive and "shall" as being imperative;

(b) "should" shall be construed as being informative only.

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1.07—"PRACTICABLE" AND "PRACTICAL

In AFR—(a) "practicable" shall be construed as "physically possible"; and

(b) "practical" shall be construed as "reasonable in the circumstances".

1.08—MASCULINE AND FEMININE

In AFR unless the context otherwise requires words importing masculine gender shall include females.

1.09—CALCULATION OF TIME

Except where AFR expressly provides otherwise, when any provision of AFR or any order or instruction issued to the Armed Forces, or any warrant issued under their authority—

(a) is expressed to take effect on a particular day, it shall be effective at 0001 hours on that day; or

(b) states that a period of time is to commence on a particular day, that period shall commence at 0001 hours on that day.

1.10—NOT ALLOCATED

1.11—COMMUNICATION WITH HIGHER AUTHORITY

Unless the context otherwise requires, when in AFR or in any Armed Forces orders a communication of any kind, or a report or return, is required or permitted to be made to a higher authority, it shall be made through such channels of communication as the Chief of Defence Staff may prescribe.

1.12—FORMS

(1) The forms authorised by the Ministry of Defence for use in the Armed Forces should be followed in all cases in which they are applicable, and when used shall be valid in law, but a deviation from any form shall not by reason only of that deviation, render any charge, warrant, order, proceedings or other document, invalid.

(2) An omission of any form authorised by the Ministry of Defence for use in the Armed Forces shall not, by reason only of the omission, render any act or thing invalid.

1.13—REGULATIONS AND ORDERS TO BE AVAILABLE TO OFFICERS AND MEN

A commanding officer shall cause regulations and orders issued in implementation of the Armed Forces Act, to be readily available to all officers and men whom they concern.

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1.14—EXERCISE OF POWERS

(1) When by AFR any power or jurisdiction is given to, and any act or thing is to be done by, to or before any officer or man, that power or jurisdiction may be exercised by, and that act or thing may be done by, to or before any other officer or man for the time being authorised in that behalf by AFR or according to the custom of the service.

(2) When he is on active service, any officer not below the rank of Colonel, or equivalent in any theatre of war outside Ghana, may, with the approval of the Chief of Defence Staff exercise and perform in that theatre of war any power or right which by AFR is required to or may be done by the respective Chief of Staff.

(3) When by AFR any power or jurisdiction is given to, and any act or thing is to be done by, to or before a Service Commander, that power or jurisdiction may be exercised by, and that act or thing done by, to or before—

(a) the officer holding the senior appointment in each headquarters when acting within the scope of the duties assigned to him by the respective Service Commander; and

(b) any officer designated for that purpose by the Chief of Defence Staff, subject to such limitations, as the Chief of Defence Staff may impose.

1.15 TO 1.21—INCLUSIVE: NOT ALLOCATED

1.22—NOTIFICATION OF REGULATIONS, ORDERS, AND INSTRUCTIONS—RESERVES

All regulations and all orders and instructions relating to or in any way affecting an officer or man of the reserve forces, other than an officer or man who is serving with a unit, ship or other element, when sent to him by registered mail, addressed to his last known place of abode or business, shall be held to be sufficiently notified.

1.23—NOTIFICATION BY RECEIPT OF REGULATIONS, ORDERS AND INSTRUCTIONS

All regulations, orders and instructions issued to the Armed Forces shall be held to be published and sufficiently notified to any person whom they may concern if—

(a) they are received at the unit, ship or other element at which the person is serving; and

(b) the Commanding Officer of the unit, ship or element takes such measures as may to him seem practical to ensure that the regulations, orders and instructions are drawn to the attention of and made available to those who they may concern.

(See Article 4.26—"Circulation of Regulations, Orders, Instructions, Correspondence and Publications").

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1.24—AUTHORITY OF A SERVICE COMMANDER TO ISSUE ORDERS AND INSTRUCTIONS

(1) Subject to (2) of this article, a Service Commander may issue orders and instructions not inconsistent with the Armed Forces Act; or with AFR:—

(a) In the discharge of his duties under the Armed Forces Act, or

(b) in explanation or implementation of regulations.

(2) No order or instruction involving the accounting for public funds shall be issued under (1) of this Article unless the concurrence of the Ministry of Defence is first obtained.

1.25—SYSTEM OF SERVICE REGULATION AND ORDERS

The effective date—

(a) of every service regulation and order shall be prescribed by the approving authority;

(b) of a regulation or order imposing obligation or duties shall not be retrospective.

1.26 TO 1.99—INCLUSIVE: NOT ALLOCATED

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CHAPTER 2—GOVERNMENT AND ORGANISATION

2.01—CONSTITUTION OF THE ARMED FORCES

Under section 2 of the Armed Forces Act, the Armed Forces are constituted as the army, navy and air force of Ghana and shall each comprise the following components—

(a) a Regular Force; and

(b) the Reserves.

2.02—THE REGULAR FORCE

Each Regular Force shall consist of—

(a) officers commissioned under the Constitution, subordinate officers, and

(b) men enrolled in accordance with regulations made under the Armed Forces Act, for the purpose of rendering continuous service during the period of their engagement.

2.03—THE RESERVES

(1) The Reserves shall consist of—

(a) a Regular Reserve

(b) a Retired list for officers

(c) a Volunteer Force

(d) a Volunteer Reserve

(e) a Cadet Corps list.

(2) The Regular Reserve shall consist of officers transferred to such Reserve and men who have been transferred thereto in accordance with the terms of their enrolment.

(3) The Retired List for officers shall consist of officers in receipt of pension but who are not of the Regular Reserve and are not required to undergo periodic training.

(4) The Volunteer Force shall consist of such units or elements as may be deemed necessary for the purpose of rendering service under the Armed Forces Act.

(5) The Volunteer Reserve shall consist of such officers and men of the Volunteer Forces or of any other unit of the Armed Forces as are transferred to such Reserves.

(6) The Cadet Corps List shall consist of commissioned officers or men whose duty is the administration and training of cadet corps.

2.04—NOT ALLOCATED

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2.05—OPERATIONAL CONTROL AND ADMINISTRATION—CHIEF OF DEFENCE STAFF

Article 151 (2) of the Constitution provides as follows:

"(2) The Chief of Defence Staff of the Armed Forces shall, subject to the provisions of this Article and to the Control or direction of the Armed Forces Council, be responsible for the operational control and the administration of the Armed Forces as a whole".

2.06—POWERS OF COMMAND—SERVICE COMMANDERS

The Service Commanders shall exercise such Command as the Armed Forces Council shall determine.

2.07 TO 2.10—INCLUSIVE: NOT ALLOCATED

2.11—CLASSIFICATION BY LISTS AND TRADES

(1) Officers shall be classified into the following lists:

(a) Army:

(i) Regular List

(ii) Short Service List

(b) Navy:

(i) General List

(ii) Branch List

(iii) Supplementary List

(c) Air Force:

 (i) Regular List

(ii) Short Service List

(iii) Supplementary List

(2) Men shall be mustered into such trades as the respective Service Commander shall prescribe.

2.12 TO 2.24—INCLUSIVE: NOT ALLOCATED

Section 2—Calling out Reserves in an Emergency

2.25—CALLING OUT ON SERVICE

In an emergency the Government may on the advice of the Armed Forces Council call out on service to perform any military duty other than drill or training, such of the Reserves, unit and other elements thereof and officers and men thereof as the Government may on such advice consider necessary.

2.26 TO 2.99—INCLUSIVE: NOT ALLOCATED

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CHAPTER 3—RANK, SENIORITY, COMMAND AND PRECEDENCE

Section 1—Rank and Seniority

3.01—RANKS OF OFFICERS AND MEN—ARMY

(1) The ranks of officers shall be—

(a) Field-Marshal;

(b) General;

(c) Lieutenant-General;

(d) Major-General;

(e) Brigadier;

(n) Colonel;

(g) Lieutenant-Colonel;

(h) Major;

(i) Captain;

(j) Lieutenant;

(k) 2nd Lieutenant; and

(l) Officer Cadet.

(2) The ranks of men shall be—

(a) Warrant Officer Class I

(b) Warrant Officer Class II, regimental and orderly room quartermaster sergeant;

(c) Squadron, battery, company quartermaster sergeant, staff-sergeant;

(d) Sergeant;

(e) Corporal, bombadier;

(f) Private, trooper, gunner, sapper, signalman, rifleman and craftsman.

(3) Staff sergeants of equivalent ranks, sergeants, corporals and bombadiers shall be non-commissioned officers.

(4) Troopers, gunners, sappers, signalmen, riflemen, privates and craftsmen shall be classified as—

(a) Trained soldier; and

(b) Recruit.

(5) Privates shall be further classified as

(a) Private Class I;

(b) Private Class II; and

(c) Private Class III.

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3.02— RANKS OF OFFICERS AND MEN—NAVY

(1) The ranks of officers shall be—

(a) Admiral of the fleet;

(b) Admiral;

(c) Vice-Admiral;

(d) Rear-Admiral;

(e) Commodore;

(f) Captain;

(g) Commander;

(h) Lieutenant-Commander;

(i) Lieutenant;

(j) Sub-Lieutenant;

(k) Acting Sub-Lieutenant

(l) Midshipman;

(m) Naval Cadet.

(2) The ranks of men shall be—

(a) Chief Petty Officer, 1st Class;

(b) Chief Petty Officer, 2nd Class;

(c) Petty Officer 1st Class;

(d) Petty Officer, 2nd Class;

(e) Leading seaman;

(f) Able seaman;

(g) Ordinary seaman.

(3) Able seaman shall be classified as—

(a) Able seaman, 1st Class;

(b) Able seaman, 2nd Class.

(4) Ordinary seaman shall be classified as—

(a) Ordinary Seaman trained man;

(b) Ordinary Seaman under naval training;

(c) Ordinary Seaman under recruit training.

3.03—RANKS OF OFFICERS AND MEN—AIR FORCE

(1) The ranks of officers shall be—

(a) Field-Marshal;

(b) General;

(c) Lieutenant-General;

(d) Major-General;

(e) Brigadier;

(f) Colonel;

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(g) Lieutenant-Colonel;

(h) Major;

(i) Captain;

(j) Lieutenant;

(k) 2nd Lieutenant;

(1) Flight Cadet.

(2) The ranks of men shall be—

(a) Warrant Officer;

(b) Staff-Sergeant;

(c) Sergeant;

(d) Corporal;

(e) Aircraftman.

(3) Staff-Sergeants, Sergeants and Corporals shall be non-commissioned Officers.

(4) Aircraftmen shall be classified as—

(a) leading aircraftman;

(b) aircraftman, 1st Class; and

(c) aircraftman, 2nd Class.

3.04—TYPES OF RANK

The ranks prescribed in Article 3.01 to 3.03 depending upon the conditions under which they are held, shall be:—

(a) substantive; or

(b) temporary; or

(c) acting; or

(d) honorary.

3.05—SUBSTANTIVE RANK

(1) The substantive rank of an officer shall be that rank below which he cannot be reduced otherwise than by a sentence of a court martial.

(2) The substantive rank of a man shall be that rank below which he cannot be reduced otherwise than by:—

(a) a sentence of a service tribunal, or

(b) reversion for inefficiency or misconduct.

(See Articles 11.10—"Reversion and Remustering for inefficiency" and 11.11—"Reversion and Remustering upon conviction by the civil power").

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3.06—TEMPORARY RANK

When an officer or man is on active service, he may be given a higher temporary rank which he shall normally retain for the duration of the emergency or until he is promoted to the next higher temporary rank.

3.07—ACTING RANK

(1) An officer or man while filling a position on an establishment for which a rank higher than his substantive rank is authorised may be promoted to the appropriate higher acting rank.

(2) An officer or man granted an acting rank is liable to be posted or transferred in his substantive rank at any time.

3.08—NOT ALLOCATED

3.09—HONORARY RANK

(1) The President acting on the advice of the Armed Forces Council may grant honorary rank to a person

(a) who has rendered distinguished service to the Armed Forces, or

(b) who, from an educational or administrative point of view, is likely to promote the general efficiency of the Armed Forces.

(2) The grant of an honorary rank under (1) of this Article shall not—

(a) in itself cause a person to become a member of the Armed Forces;

(b) confer any right of command; and

(c) unless the President acting on the advice of the Armed Forces Council otherwise directs, involve any expense to the public.

3.10—RELATIVE RANKS WITHIN THE ARMED FORCES

(1) The relative ranks of officers and men within the Armed Forces shall be as prescribed in the table to this Article.

TABLE TO ARTICLE 3.10

Army   Navy    Air Force       

1. Field-Marshal        Admiral of the Fleet  Field-Marshal           

2. General      Admiral           General         

3. Lieutenant-General           Vice-Admiral Lieutenant-General  

4. Major-General       Rear-Admiral Major-General          

5. Brigadier    Commodore  Brigadier       

6. Colonel       Captain          Colonel          

7. Lieutenant-Colonel           Commander  Lieutenant-Colonel   

8. Major          Lieutenant-Commander       Major 

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9. Captain      Lieutenant      Captain         

10. Lieutenant            Sub-Lieutenant          Lieutenant     

11. 2nd Lieutenant    Acting Sub-Lieutenant          2nd Lieutenant         

12. Officer Cadet      Midshipman and Naval Cadet.        Flight Cadet  

13. Warrant Officer Class I   Chief Petty Officer, 1st Class          Warrant Officer         

14. Warrant Officer Class II

  Orderly Room Regimental and Quartermaster Sergeant.          Chief Petty Officer, 2nd Class.                   

15. Squadron, Battery Company Quartermaster Sergeant, Staff Sergeant.      Petty Officer, 1st Class            Staff Sergeant          

16. Sergeant  Petty Officer, 2nd Class       Sergeant       

17. Corporal and Bombadier          Leading Seaman     Corporal        

18. Trooper    Able Seaman Ordinary         Aircraftman (All classifications).

Gunner            Seaman  (All classifications).                     

Sapper                                  

Signalman (All classifications).                              

Private                                   

Rifleman                                

Craftsman                             

(2) To avoid confusion between the ranks of officers of the Army, Navy and Air Force, Officers of the Navy shall have the suffix (G.N.) and Officers of the Air Force the suffix (A.F.) after their names.

3.11—LANCE APPOINTMENTS

(1) Subject to (3) and (4) of this Article, the commanding officer of a unit may appoint as a lance-bombadier or lance-corporal, a man who is drawing a higher rate of pay of private or equivalent trained soldier.

(2) A man appointed to a lance appointment under (1) of this Article shall—

(a) hold the same rank as he held prior to his appointment, and

(b) relinquish his appointment,

(i) at the discretion of the commanding officer; or

(ii) when he is struck off strength of the unit.

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(3) The number of lance-bombadiers or of lance-corporals shall not exceed the number prescribed by the Ministry.

3.12—ORDER OF SENIORITY

(1) An officer shall take seniority over all men.

(2) Subject to Article 3.13, officers shall take seniority among themselves in accordance with the order of ranks prescribed in Article 3.01 to Article 3.03 (Ranks of officers and men).

3.13—SENIORITY BETWEEN TYPES OF RANK

(1) Officers or men who hold acting rank shall have no seniority in that rank.

They shall have seniority among themselves in their order of seniority in their substantive rank.

(2) When any part of the Armed Forces is on active service, substantive and temporary ranks shall be regarded as equal for purposes of determining seniority.

3.14—SENIORITY FROM SAME DATE OR BY SAME DATES

(1) When officers or men hold the same substantive or temporary rank with the same date of seniority, their seniority among themselves shall, unless the Chief of Defence Staff otherwise directs, be determined by their seniorities in their next lower substantive or temporary ranks.

(2) In the event of their seniorities in their next lower substantive or temporary ranks being the same their seniority among themselves shall, unless the Chief of Defence Staff otherwise directs, be determined according to their service numbers, the lesser number conferring more seniority than the greater number.

(3) Subject to Article 3.13, an officer or man shall take seniority within his rank from the date of enrolment in or promotion to that rank, as applicable, except that—

(a) the Chief of Defence Staff, or such officer as he may designate, may grant additional seniority;

(b) the Chief of Defence Staff may prescribe the conditions under which seniority may be adjusted on

(i) reduction or reversion; or

(ii) promotion after reduction or reversion; or

(iii) transfer from the Reserves to the Regular Force; or

(iv) transfer between sub-components of the Reserves;

(c) seniority may be forfeited by reason of the sentence of a Service Tribunal;

(d) periods of leave without pay and allowances do not count for Seniority. (See Article l6.24—"Leave without Pay and Allowances".)

3.15—SENIORITY OF ATTACHED AND SECONDED PERSONNEL

An officer or man of a Force of another country who is attached or seconded to the Armed Forces shall have the same seniority in the Armed Forces in his rank as he holds in the Force to which he belongs.

3.16 TO 3.22—INCLUSIVE: NOT ALLOCATED

Section 2—Command

3.23—COMMAND GENERALLY

In cases not otherwise provided for in Armed Forces Regulations, command shall be exercised by—

(a) the senior officer present; or

(b) in the absence of an officer, the senior man present.

3.24—COMMAND OF COMMANDS—ARMY

(1) An officer commanding an army command shall exercise command over all army formations, garrisons, units and detachments allocated to his command.

(2) Unless the Chief of Defence Staff otherwise directs, in the absence of the officer commanding the command, his command shall be assumed by the next senior Regular Officer in the command.

3.25—COMMAND OF AREAS—ARMY

(1) An area commander shall exercise command over all army formations, garrisons, units and detachments allocated to his area.

(2) Unless the Chief of Defence Staff or the officer commanding the command otherwise directs in the absence of an area commander his command shall be assumed by the senior Regular Officer within the area.

3.26—COMMAND OF GARRISONS AND UNITS—ARMY

(1) Unless the higher formation commander otherwise directs—

(a) the commanding officer of a garrison shall exercise command over all army units in the garrison; and

(b) the commanding officer of a unit shall exercise command over all officers and men in the unit.

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(2) Subject to (1) of this Article, unless the higher formation commander otherwise directs, in the absence of the commanding officer of a garrison his command shall be assumed by the senior officer in the garrison.

3.27—NOT ALLOCATED

3.28—SENIOR NAVAL OFFICER IN COMMAND AFLOAT OR ASHORE—NAVY

(1) A Senior Naval Officer in Command shall exercise command over all ships and naval establishments allocated to his command.

(2) Subject to (3) of this Article, unless the Navy Commander or (failing direction from him) the Senior Naval Officer in Command, otherwise directs, in the absence of the Senior Naval Officer in Command his command shall be assumed by the next senior General List Officer in that command.

(3) Only an officer of the Seaman Specialisation may command a seagoing ship or squadron.

3.29—COMMAND OF SHIPS AND FLEET ESTABLISHMENTS—NAVY

(1) Subject to (5) of this Article, each ship and fleet establishment shall be commanded by an officer.

(2) The Captain shall exercise command over all persons on board his ship or in his fleet establishment.

(3) On all occasions, the following officers take command over all other officers and men who serve in the same ship or fleet establishment:—

(a) the Captain;

(b) the Executive Officer; and

(c) the Officer of the Watch.

(See Article 3.32—"Officer of the Watch").

(4) The provisions of (3) (b) of this Article do not limit the head of a department in his responsibility and direct access to the Captain concerning matters connected with the operational readiness of his department.

(5) The Navy Commander may designate ships and fleet establishments in respect of which a man may be drafted in command. (See Articles 3.30—(Command when ship wrecked or lost) and 3.31—(when Captain is absent or ceases to exercise command).)

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3.30—COMMAND WHEN SHIP WRECKED OR LOST—NAVY

When a ship has been wrecked or otherwise lost or destroyed or has been taken by the enemy, the order of command among the Captain and the officers and men of the crew shall remain unchanged until a Board of Inquiry has inquired into the cause of the loss or capture of the ship or the officers and men are separated or disposed of by the proper authority.

3.31—WHEN CAPTAIN IS ABSENT OR CEASES TO EXERCISE COMMAND—NAVY

(1) Subject to (2) of this Article and Article 3.34 (Officers and Men Lent or Borne "Additional"), command of a ship or fleet establishment shall be assumed under the circumstances given and in the order following:—

(a) When the Captain has ceased to exercise command, the Executive Officer shall assume full powers and duties as though he had been appointed in command.

(b) When the Captain is temporarily absent, the Executive Officer shall exercise the powers and perform the duties of the Captain on his behalf. .

(2) In seagoing ships, command shall descend in accordance with (1) of this Article and thence by order of rank and seniority through those Officers of the Seaman Specialisations who hold Watchkeeping Certificates, unless the Commanding Officer otherwise directs, and thence by order of rank and seniority through all other officers on the General or Branch Lists.

(3) In fleet establishments command shall descend in accordance with (1) of this article, and thence by order of rank and seniority through all officers unless the Commanding Officer otherwise directs.

3.32—OFFICER OF THE WATCH—NAVY

In the performance of the duties with which he is charged, the Officer of the Watch shall exercise command over all persons on board except—

(a) the Captain or Commanding Officer; and

(b) the Executive Officer;

of the ship or fleet establishment in which those duties are performed.

3.33—COMMAND BY MEN PERFORMING REGULATING DUTIES—NAVY

A man who is borne in a ship or naval establishment to perform regulating duties or who has been instructed to perform them for the time being by the—

(a) Captain; or

(b) Executive Officer; or

[p.22]

(c) Officer of the Watch; or

(d) Head of the man's department when the duty is a purely departmental one;

shall exercise over all other men the command necessary to perform those duties.

3.34—OFFICERS AND MEN LENT OR BORNE "ADDITIONAL"—NAVY

(1) A Senior Naval Officer in Command who is not in command of the ship in which he is borne shall hold the same relation to that ship as he does to the other ships under his command.

(2) When a Senior Naval Officer in Command who is also the Captain of a ship, embarks in another ship which is in his command, in circumstances which made it desirable to appoint him to the ship, he shall be appointed "additional" for the particular service for the performance of which he embarked. Whilst so borne, his relation to the ship shall be that prescribed in (1) of this Article. (See Articles 3.31—"When the Captain is Absent or Ceases to Exercise Command").

(3) In all matters of general discipline the members of the staff of a Senior Naval Officer in Command shall be subject to the Orders and routine of the ship in which they are borne.

(4) An Officer or man shall—

(a) when lent to a ship or naval establishment or borne additional to the complement for no specified duty, exercise command as if he were part of the complement;

(b) when borne additional to the complement of a ship or establishment for a specified duty, assume only that command required for the performance of the specified duty, subject to—

(i) in the case of an officer, the provisions of Article 4.02 (General Responsibilities of Officers) or receipt of contrary instructions from the Navy Commander, and

(ii) in the case of a man, the provisions of Article 5.01 (General Responsibilities of Men).

(c) when taking passage in a ship, exercise command as if he were part of the ship's complement only if he is required to do duty under (5) of this Article.

(5) An officer taking passage in a ship may be ordered to do duty provided he is junior to the Executive Officer.

[p.23]

(6) A man taking passage in ship shall be employed as part of the ship's complement.

(7) Unless he has been instructed by the Navy Commander or the Commanding Officer to do so, no officer who is taking passage in a ship shall assume command under the provisions of Article 3.31 (When the Captain is absent or ceases to exercise command).

3.35—EXTENT OF COMMAND—NAVY

(1) Subject to (3) of this Article, unless they are actually under the command of an officer senior to him then present, the Senior Naval Officer in Command shall take under his command all officers junior to himself.

(2) (a) An officer who is within the limits of the command of an officer junior to himself shall not interfere with the command.

(b) While within the limits of another command, officers and ships are subject to the control of the Senior Naval Officer in Command of that command in all matters governed by the command standing orders.

(3) Subject to (4) of this Article, when an officer belonging to another command is placed under his command by the provisions of (1) of this Article, the senior officer shall not—

(a) divert him from his service; or

(b) interfere with the orders he has received; or

(c) order him to produce any secret orders which he may have in his possession.

(4) If, for a pressing exigency, a senior officer has deviated from the provisions of (3) of this article he shall permit the junior officer to proceed in execution of his orders as soon as possible and forward a report to the appropriate authority.

(5) When a ship is observed:

(a) avoiding battle; or

(b) not doing her duty properly; or

(c) making a mistake;

and the Senior Naval Officer in Command of the command or formation to which she belongs does not see her distinctly or, when in the presence of the enemy, does not immediately correct her, the Senior Naval Officer in Command of any other command or formation may take any action that he deems necessary under the circumstances.

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3.36—COMMAND OF STATIONS AND UNITS—AIR FORCE

(1) Unless the Air Force Commander otherwise directs, the officer in command of an Air Force station or unit shall exercise command over all other officers and over all men at the station or unit.

(2) Subject to (3) of this Article, in the absence of the officer in Command of an air force station or unit his command shall be assumed by the senior officer who is on the strength of and present at the station or unit.

(3) Command of an air force station or unit shall not, unless the Air Force Commander so directs, be assumed by—

(a) an officer who is not on the aircrew list unless the function of the station or unit is to perform duties connected with his own list; or

(b) an officer who is on a course of instruction at, or who is on temporary duty at, or who is attached to, the station or unit.

3.37—COMMAND OF SPECIAL FORMATIONS UNITS OR DETACHMENTS

(1) When an officer or man has been appointed to command a special formation, unit, or detachment, the Chief of Defence Staff may direct that he shall, subject to (2) of this article, exercise such command independently of the officer commanding the command, the garrison commander, and the commanding officer of the station within which he may be operating.

(2) An officer or man in the circumstances prescribed in (1) of this Article shall conform to any particular orders in force in the locality in which he is operating except where these orders are inconsistent with the due performance of the duty on which he is engaged.

3.38—COMMAND BY OFFICER OR MAN OF THE RESERVES

No officer or man of the Reserves shall have power of command over officers and men of a component other than the Reserves except when—

(a) he is ordered under the Armed Forces Act, 1962 to be on continuing full-time military service or is employed on active service; and

(b) the officer commanding the command so directs.

3.39—COMMAND IN AIRCRAFT

Section 45 of The Armed Forces Act provides—

"45. (1) Every person subject to the Code of Service Discipline who when in an aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether or not the captain is subject to the Code [p.25] of Service Discipline, shall be guilty of an offence and on conviction shall be liable to imprisonment for life or to any less punishment provided by the Act.

(2) For the purposes of this section—

(a) every person whatever his rank shall when he is in an aircraft be under the command, as respects all matters relating to the flying or handling of the aircraft, of the captain of the aircraft, whether or not the latter is subject to the Code of Service Discipline; and

(b) if the aircraft is a glider and is being towed by another aircraft, the captain of the glider shall so long as his glider is being towed be under the command, as respects all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether or not the latter is subject to the Code of Service Discipline".

3.40—CHAPLAINS EXCLUDED FROM COMMAND

No chaplain of the Armed Forces shall exercise command over any officer or man.

3.41—COMMAND WHEN SERVICES SERVING TOGETHER

(1) When portions of two or more Services of the Armed Forces are serving together, command of those portions may be exercised by such officer of any Service of the Armed Forces as may be designated by or under the authority of the Chief of Defence Staff. An officer so designated shall have command over all officers and men serving in these portions.

(2) When portions of two or more Services of the Armed Forces are serving together in a composite unit, officers and men serving in that unit shall, unless the Chief of Defence Staff otherwise directs, obey the orders of persons senior to them in rank. (See Article 3.10—"Relative Ranks within the Armed Forces") as if those persons were members of their own Service.

3.42—NOT ALLOCATED

3.43—COMMAND IN ARMED FORCES MEDICAL SERVICE

No officer assigned to the Ghana Armed Forces Medical Service who is not a medical officer shall exercise command over a medical officer in respect of his treatment of a patient.

3.44 TO 3.48—INCLUSIVE: NOT ALLOCATED

[p.26]

Section 3—Precedence

3.49—ARMED FORCES PRECEDENCE

(1) Officers shall take precedence over all men.

(2) The Chief of Defence Staff shall take precedence over all other officers of the Armed Forces.

(3) The Army Commander, the Navy Commander and Air Force Commander shall take precedence in that order and shall each take precedence over all officers over whom they exercise command.

(4) The officer commanding an army command, a garrison commander and an officer in command of an army formation, station or unit shall take precedence over all officers over whom they exercise command.

(5) The senior naval officer in chief command, the senior naval officer in command and the captain, commanding officer and executive officer of a ship or fleet establishment shall take precedence over all officers over whom they exercise command.

(6) An officer in command of an air force formation, station or unit shall take precedence over all officers over whom he exercises command.

3.50—PRECEDENCE OF THE ARMED FORCES ON PARADE

(1) The order of precedence in the Armed Forces is the army, navy and air force. When elements of the Armed Forces take part in a joint parade or ceremony they shall take part in that order.

(2) Except as prescribed in (3) of this article, officers of the army, navy or air force taking part as individuals in a joint parade or ceremony shall take precedence among themselves in accordance with their respective ranks and seniority.

(3) When officers of the army, navy or air force take part as individuals in a joint parade or ceremony, the senior army officer, the senior naval officer and the senior air force officer shall take up their positions together, jointly taking precedence over all other army, naval or air force officers who may be present, but taking precedence among themselves according to their individual ranks and seniority.

(4) The order of precedence of the Armed Forces on all parades will be:

1. Regular Army

2. Regular Navy

3. Regular Air Force

4. Ghana Armed Forces Nursing Service

5. Women's Auxiliary Corps

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6. Reserve Army

7. Reserve Navy

8. Reserve Air Force

9. Volunteer Army

10. Volunteer Navy

11. Volunteer Air Force

12. Army Cadet Corps

13. Sea Cadet Corps

14 Air Cadet Corps

3.51 TO 3.99—INCLUSIVE: NOT ALLOCATED

[p.29]

CHAPTER 4—OFFICERS' DUTIES AND RESPONSIBILITIES

Section 1—General

4.01—RESPONSIBILITY OF OFFICERS TO SUPERIORS

An Officer shall be responsible to his immediate superior for the proper and efficient performance of his duties.

4.02—GENERAL RESPONSIBILITIES OF OFFICERS

An officer shall:—

(a) acquaint himself with, observe and enforce—

(i) the Armed Forces Act, 1962 (Act 105),

(ii)  the State Secrets Act, 1962 (Act 101),

(iii) AFR, and

(iv) all other regulations, rules, orders and instructions that pertain to the performance of his duties;

(b) afford to all persons employed in the public service such assistance in the performance of their duties as is practical;

(c) promote the welfare, efficiency, good order and discipline of all who are subordinate to him;

(d) ensure the proper care and maintenance and prevent the waste of all public and non-public property within his control; and

(e) report to the proper authority any infringement of the pertinent statutes, regulations, rules, orders and instructions governing the conduct of any person subject to the Code of Service Discipline when he cannot deal adequately with the matter himself.

4.03 TO 4.04—NOT ALLOCATED

4.05—VISITS TO STATIONS, UNITS, SHIPS AND FLEET ESTABLISHMENTS

An officer visiting a garrison, station, unit, ship or fleet establishment shall report to the commanding officer before proceeding with the object of his visit.

Section 2—Officer Commanding an Army Command and Area Commander

4.06—GENERAL RESPONSIBILITIES

(1) An officer commanding an army command shall, for the control and administration of all formations, units and detachments allocated to his command, be directly responsible to—

(a) the Army Commander, or

(b) such officer as the Army Commander may designate.

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(2) An area commander shall be responsible to the officer commanding the command for the control and administration of all army formations, units and detachments allocated to his area.

4.07—DUTIES AND FUNCTIONS OF AN OFFICER COMMANDING AN ARMY COMMAND

(1) Subject to the direction of the Army Commander, the detailed duties and functions of an officer commanding an army command shall include—

(a) the administration, training and efficiency of all formations, garrisons, stations and units under his command;

(b) the maintenance of a scheme of mobilisation and defence for all formations, garrisons, stations and units allocated to his command;

(c) ensuring that all officers and men under his command are familiar with their duties,

(i) on mobilisation, and

(ii) in connection with the defence of the command; and

(d) the organisation of his headquarters, less a minimum portion to remain at the location for static administrative duties, on a mobile basis commensurate with the dictates of training and operational considerations.

(2) An officer commanding an army command shall report immediately to the Army Commander or such officer as he may designate—

(a) all incidents in which officers or men have been involved in riots or disturbances, together with the result of his inquiries into the circumstances of such incidents; and

(b) any unusual incident having military significance which occurs in his command.

Section 3—Orders

4.08—COMMAND AND AREA ORDERS

(1) An officer commanding an army command or an area commander shall issue orders for the information and action of those in his command.

(2) The form of command and area orders shall be as prescribed by the Army Commander.

4.09 TO 4.21—INCLUSIVE: NOT ALLOCATED

[p.31]

4.22—STANDING ORDERS

(1) A commanding officer shall issue standing orders which shall include orders that are peculiar to his garrison, station, unit, ship or fleet establishment.

(2) An officer in temporary command of a garrison, station, unit, ship or fleet establishment shall not issue standing orders, nor alter those already in force, without reference to the officer in permanent command or to superior authority.

(3) A commanding officer, when he is away from his garrison, unit, ship or fleet establishment, shall not issue standing orders.

4.23—RULES FOR DEFAULTERS

A commanding officer shall ensure that a set of rules for defaulters is drawn up for his garrison, station, unit, ship or fleet establishment; that such rules are made known to all defaulters, and that they are rigidly enforced.

4.24—UNIT ORDERS

(1) A commanding officer shall issue unit orders as required for the promulgation of information and direction to all officers and men under his command.

(2) The form of unit orders shall be as the respective Service Commander may prescribe.

(3) Unit orders shall, by numerical reference, direct attention to any Articles of AFR which are reproduced periodically in army, navy and air force orders.

4.25—ISSUE OF ARMY, NAVY AND AIR FORCE UNIT ORDERS

(1) In the absence of the commanding officer, unit orders shall be issued by the officer assuming temporary command. The headnote of unit orders shall indicate the officer by whom they have been issued.

(2) An officer or man shall normally be warned of all duties, other than ordinary routine duties in unit orders.

(3) Unit orders shall be numbered consecutively commencing with the first day of January of each year.

(4) Unit orders shall be,

(a) posted in suitable places on the station, unit, ship or fleet establishment so that they may be available to officers and men; and

(b) sent to higher formation headquarters as the respective Service Commander may direct.

[p.32]

4.26—CIRCULATION OF REGULATIONS, ORDERS, INSTRUCTIONS, CORRESPONDENCE AND PUBLICATIONS

The commanding officer shall ensure that all regulations, orders, instructions, correspondence and publications affecting officers or men, whether in the performance of their duties or in the conditions of their service, are given such publicity as will enable the officers and men to study them and become acquainted with the contents. Orders relating to any matters requiring special explanation shall be read and explained to men immediately they are received.

Section 4—General

4.27—OBSERVANCE OF SPECIAL DAYS

A commanding officer shall ensure that inspections of works and buildings and parades, other than for religious services, are not held on Sunday, Good Friday, or Christmas Day, unless the exigencies of the service so require.

4.28—UNOFFICIAL SERVICE PUBLICATIONS

A commanding officer shall personally ensure a high standard in unofficial service journals, magazines, newspapers and programmes published by or under the auspices of his garrison, station, unit or ship and shall be held responsible for all material published in them. One copy shall be forwarded to higher formation headquarters on the day of issue.

4.29—ARMED PARTIES ON UNUSUAL DUTIES

A commanding officer shall personally ensure that the officer or man in charge of an armed party called from his garrison, station, unit, ship or fleet establishment for the performance of any unusual duty is fully instructed in all particulars that concern the duty the party may be required to perform.

4.30—PREVENTION OF OFFENCES

(1) A commanding officer shall exert every effort to prevent offences and to prevent any tendency to screen their existence.

(2) If any type of offence is particularly prevalent in a garrison, station, unit, ship or fleet establishment the commanding officer shall ensure that notice of the fact is drawn to the attention of officers and men under his command by a suitable entry in unit orders. The entry shall be repeated periodically if necessary.

4.31—CO-ORDINATION OF WORK

When one department requires the assistance of another—

(a) to perform any work, the coordinating authority shall be the head of the department that requires the work to be done; or

[p.33]

(b) for the maintenance of any equipment, the co-ordinating authority shall be the head of the department that uses the complete assembly.

In these circumstances, the departments that perform the work shall meet the requirements of the co-ordinating authority.

4.32—THE TRAINING OFFICER

A commanding officer shall select an officer not below the rank of Captain, or equivalent rank to co-ordinate the training of officers and men and generally to supervise training classes.

4.33— RECREATION PROGRAMMES

A commanding officer shall ensure that suitable recreation programmes are organised for the officers and men under his command and, where practical, for their dependants and for civilian employees of the Armed Forces.

4.34 TO 4.99—INCLUSIVE: NOT ALLOCATED

[p.35]

CHAPTER 5—DUTIES, RESPONSIBILITIES AND PRIVILEGES OF MEN

5.01—GENERAL RESPONSIBILITIES OF MEN

A man shall—

(a) acquaint himself with, and observe

(i) the Armed Forces Act, 1962 (Act 105)

(ii) the State Secrets Act, 1962 (Act 101)

(iii) Armed Forces Regulations, and

(iv) all other regulations, rules, orders and instructions, that pertain to the performance of his duties;

(See Articles 1.13—"Regulations and Orders to be available to Officers and Men" and 4.26—"Circulation of Regulations, Orders, Instructions, Correspondence, and Publications".)

(b) afford to all persons employed in the public service such assistance in the performance of their duties as is practical;

(c) promote the welfare, efficiency, good order and discipline of all who are subordinate to him;

(d) ensure the proper care and maintenance and prevent the waste of all public and non-public property within his control; and

(e) report to the proper authority any infringement of the pertinent statute, regulations, rules, orders and instructions governing the conduct of any person subject to the Code of Service Discipline.

5.02—RESTRICTIONS ON THE EMPLOYMENT OF MEN

(1) Men shall not normally be employed on work that interferes with the duties of their trade except in communal duties of the unit or ship. They may, however, be employed when the commanding officer so directs, wherever they are required—

(a)  in communal duties;

(b)  in order to give them opportunities to take charge of and handle men in organised parties;

(c)  in the watch and quarter bill, except that men whose vision is poor shall not be employed on lookout duties; and

(d) during evolutions drills, entering and leaving harbour.

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5.03—SELECTION OF MEN FOR INSTRUCTIONAL DUTY

(1) The commanding officer shall select for duty as instructors only those men who possess outstanding qualities of—

(a) Leadership;

(b) power of command;

(c) patience;

(d) tact; and

(e) ability to impart knowledge.

(2) Service Headquarters shall keep a record of men who are recommended by their commanding officers as possessing outstanding instructional ability.

5.04 TO 5.09—INCLUSIVE: NOT ALLOCATED

Section 2—Duties and Privileges of Warrant Officers, Non-Commissioned Officers, Chief Petty Officers, Petty Officers and Leading Seamen

5.10—PASSING DEFENCE ESTABLISHMENT AND DOCKYARD GATES

Warrant Officers, Non-commissioned Officers, Chief Petty Officers, Petty Officers and Leading Seamen dressed in uniform shall on identification be allowed to pass defence establishment and dockyard gates and to pass parties of men in and out.

5.11—NON-COMMISSIONED OFFICERS, CHIEF PETTY OFFICERS, PETTY OFFICERS AND LEADING SEAMEN—FORM OF ADDRESS

When a warrant officer Second Class, Chief Petty Officer, Petty Officer or Leading Seaman is addressed or spoken to, his name shall be prefixed by the title of his rank.

5.12 TO 5.15—INCLUSIVE: NOT ALLOCATED

5.16—DUTIES AND RESPONSIBILITIES OF WARRANT OFFICERS, SENIOR NON-COMMISSIONED OFFICERS, CHIEF PETTY OFFICERS AND PETTY OFFICERS

(1) Discipline and comfort of men in units, ships and fleet establishments are dependent to a great extent on the manner in which warrant officers, senior non-commissioned officers, chief petty officers and petty officers carry out their duties and maintain their positions. Owing to the influence that they exercise on the discipline, efficiency and morale of the Armed Forces as a whole, it is essential that the importance of their status be recognised by all officers and men.

(2) Warrant officers, senior non-commissioned officers, chief petty officers and petty officers are not promoted to those ranks solely as a result of seniority or on passing certain examinations. As commanding officers and officers look to [p.37] them for loyal support in maintaining the efficiency and traditions of the Armed Forces, and junior men look to them for direction and assistance, they should—

(a)  set an example of loyalty and discipline;

(b)  accept the responsibilities of their positions;

(c) work at all times for the well-being and efficiency of the Armed Forces as a whole;

(d) exercise tact; and

(e) obey the orders of their superiors with the same cheerfulness and alacrity with which they expect to be obeyed by their juniors.

(3) It is the duty of warrant officers, senior non-commissioned officers, chief petty officers and petty officers to preserve order and regularity among the other men wherever they are. This responsibility rests upon them whether they are on duty or not.

(4) A copy of this article shall be kept permanently posted on the notice board in each warrant officers', senior non-commissioned officers', chief petty officers' or petty officers' mess.

5.17 TO 5.29—INCLUSIVE: NOT ALLOCATED

5.30—ESCORTS FOR MEDICAL CASES

An officer or man who is seriously ill or definitely psychotic shall be escorted to hospital by trained medical personnel.

5.31 TO 5.99—INCLUSIVE: NOT ALLOCATED

[p.39]

CHAPTER 6—ENROLMENT AND RE-ENGAGEMENT

Section 1—General

6.01—QUALIFICATION FOR ENROLMENT

(1) Subject to (2) of this Article a person to be eligible for enrolment in the Armed Forces shall—

(a) be a Ghanaian citizen;

(b) be of a good character; and

(c) be not less than seventeen years and a half and not more than thirty years of age.

(2) The following persons may be eligible for enrolment in the Armed Forces—

(a) an applicant who is under the age of seventeen years and half may be accepted for enrolment as a boy;

(b) an applicant who is over the age of thirty years but has some qualification or skill specially needed in the Armed Forces may, subject to the approval of the Chief of Defence Staff, be accepted for enrolment; and

(e)  unmarried women.

(3) Female persons enrolled in the Armed Forces may be permitted to marry provided that they have served for 3 consecutive years. Female persons who are permitted to marry may apply to leave the service at any time after marriage without prejudice to re-engagement. (See Article 15.06—Release of Females on Marriage).

(4) The  following persons shall not be allowed to enrol in the Armed Forces:—

(a) a member of the Police Service; or

(b) a person who has been discharged from the Police Service or the Armed Forces Reserves,

(i) as medically unfit for further service, or

 (ii) for inefficiency, or

  (iii) with conduct assessment below "GOOD".

6.02—ACTION PRIOR TO ENROLMENT OF PERSONS WITH FORMER SERVICE

(1) When a person who has previously served in the Armed Forces, the Police Service or the Reserves applies for enrolment in the Armed Forces he shall be required—

(a) to state the particulars of his former service;

(b) to state the cause of his release; and

(c) to produce his release papers.

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(2) When a person who has previously served in the Armed Forces applies for enrolment in the Armed Forces within 12 months of his release he may be granted the rank he held at the time of release provided that there is a vacancy. On enrolment within 6 months of release an Army tradesman may be regranted the trade classification he had before release.

6.03—EXPLANATION OF CODE OF SERVICE DISCIPLINE

Officers enrolling persons in the Armed Forces shall inform them of their subjection to the Code of Service Discipline.

6.04—OATH OR SOLEMN AFFIRMATION TAKEN ON ENROLMENT

(1) Person enrolling in the Armed Forces shall take the following Oath or Solemn affirmation—

ARMED FORCES OATH

"I ........................................................................................................ swear that I will bear true and faithful allegiance to the President, Commander-in-Chief of the Armed Forces of the Republic of Ghana and that I will well, truly and faithfully serve the Government of the Republic of Ghana as by law established and that I will as in duty bound serve in the Armed Forces of the Republic of Ghana and go wherever ordered by air, land or sea and that I will observe and obey all commands of the Government of the Republic of Ghana as by law established and any officer set over me even to the peril of my life."

6.05—FORM AND MANNER IN WHICH OATH MAY BE TAKEN

The person taking the oath may do so in the form and manner following, that is to say—

(a) he shall hold, if a Christian, a copy of the Gospels of the Four Evangelists, or of the New Testament, or, if a Jew, a copy of the Old Testament, in his uplifted hand (provided that if he be physically incapable of so taking the oath, he may hold such copy otherwise or if necessary, such copy may be held before him by the person administering the oath) and shall say or repeat after the person administering the oath the words prescribed by law;

(b) in any other manner which is lawful according to any law, customary or otherwise, in force in Ghana.

(See section 5 of the Oaths Act, 1960 (C.A.12).

6.06 TO 6.10—INCLUSIVE: NOT ALLOCATED

[p.41]

Section 2—Officers

6.11—RANK ON ENROLMENT—OFFICERS

(1) A person enrolled as a commissioned officer shall be enrolled in the rank of 2nd lieutenant, acting sub-lieutenant or pilot officer.

(2) A person enrolled as a subordinate officer shall be enrolled in the rank of officer cadet, naval cadet or flight cadet.

(3) Men of or above the rank of Army Sergeant or equivalent, appointed to commission shall count half their other rank service towards rank on appointment. Seniority in that rank and increment of pay will be subject to the following conditions:—

(a) The date of seniority as an officer will not be ante-dated to a point earlier than the officer's 21st birthday.

(b) Appointment shall not be in a rank higher than Army Lieutenant or equivalent.

(4) Candidates other than those mentioned in (6)-(10) of this Article, who are enrolled into the Ghana Armed Forces with university degrees or have passed the examination of any professional bodies recognised by the Ministry shall have their commission ante-dated 2 years from the effective date of the appointment, or the date of attaining 21 years of age, if later; and shall be entitled to qualification pay subject to the conditions laid down under AFR.[As substituted by Armed Forces (Amendment) (No.1) Regulations, 2000 (CI 27)].

(5) Candidates who are qualified under (4) of this Article and hold additional requisite professional or relative professional qualifications and who have had responsible practical experience in civil life approved by the Ministry as being of direct value to their arm of service shall reckon for qualification pay under AFR the period of approved post-qualification experience up to a maximum total ante-date of 7 years subject to the following limitations:—

(a) First four years, in full.

(b) Any later experience other than (a) in half.

(6) (a) Ante-dates for Medical and Dental Officers.—Candidates appointed to commissions as Medical and Dental Officers shall be commissioned in the rank of Army Captain or equivalent and shall reckon for basic pay and rank their civil experience in a recognised professional appointment after full registration in accordance with the basic pay scale, under AFR subject to a maximum total ante-date of 7 years for civil experience:—

(i) First four years in hospital and civil appointment in full.

 (ii) Any later experience in half.

(b) Medical and Dental Officers shall reckon for qualification pay and the professional allowance their total civil experience in a recognised appointment after full registration in accordance with the scales under AFR.

[p.42]

(7) Nursing Officers

(a)  Candidates appointed to commissions in the Nursing Service shall be commissioned in the rank of Army Lieutenant or equivalent.

(b) Candidates appointed to commissions as Qualified Sister Tutors in the Nursing Service shall be commissioned in the rank of Army Captain or equivalent.

(c)  No ante-date towards rank, pay increment, or promotion is permissible in respect of (a) and (b) above.

(8) Legal Officers—Candidates appointed to commissions as Legal Officers shall be commissioned in the rank of Army Captain or equivalent and shall reckon for special qualification pay their civil experience gained by professional practice in Criminal and Civil Law Courts in a recognised professional appointment after full registration in accordance with the qualification pay scale under AFR subject to a maximum total ante-date of 7 years for civil experience:—

(a) For the first four years in full.

(b) Any later experience in half.

(9) Veterinary Officers—Candidates appointed to commissions as Veterinary Officers shall be commissioned in the rank of Army Captain or equivalent and shall reckon for special qualification pay their civil experience in a recognised professional appointment after full registration, in accordance with the following scale, subject to a maximum total ante-date of 7 years for civil experience:—

(a) First four years in full.

(b) Any later experience in half.

(10) Chaplain or Chief Imam—Candidates appointed to commissions as Chaplain or Chief Imam shall count 4½ years previous qualified service as Chaplain or Chief Imam towards rank on appointment subject to the following limitations:—

(a) Initial appointment shall not be in the rank higher than Army Lieutenant or equivalent.

(b) On commission they shall be promoted in the rank of Army Captain or equivalent effective from the date of commission.

6.12—DURATION OF SERVICE

(1) Enrolment as an officer in the Regular Armed Forces shall be for service for—

(a) an indefinite period of time; or

(b) for 5 years or such fixed time as the Chief of Defence Staff may prescribe.

[p.43]

(2) Enrolment as an officer in the Reserves shall be for service for an indefinite period of time.

(3) During an emergency or when he is on active service, the term of service of an officer enrolled for a fixed time is subject to extension.

(4) Subject to the approval of the President acting on the advice of the Armed Forces Council, the fixed term of service of an officer, other than a subordinate officer, may be extended with his consent for such further period or periods as the Chief of Defence Staff may prescribe.

6.13 TO 6.20—INCLUSIVE: NOT ALLOCATED

Section 3—Men

6.21—RANK ON ENROLMENT

A person enrolled as a man shall be enrolled in the rank of private or equivalent rank.

6.22—TERM OF SERVICE

(1) Subject to (2) and (3) of this Article the term of service of a man on enrolment or re-engagement shall be for a continuing full-time service for a term of six consecutive years.

(2) Tradesmen in trades prescribed by the Ministry may, in order to bring them to a satisfactory standard of efficiency, be required to vary their term of service under (1) of this Article to a term of service for continuing full-time service of twelve consecutive years and may sign the certificate prescribed in the Schedule to this Chapter.

(3) A man selected to undergo training outside Ghana may be required to serve—

(a) not less than five consecutive years continuing full-time service reckoned from the date of completion of his training; or

(b) the unexpired portion (if any) of any term of service he has to serve under (1) or (2) of this Article, whichever is the greater.

6.23—PROLONGATION OF SERVICE—

(1) Subject to such conditions as the Chief of Defence Staff may prescribe—

(a) a man who enrols on an initial engagement for 6 consecutive years full-time service may vary his term of service to one of 12 consecutive years full-time service;

[p.44]

(b) a man who completes 12 consecutive years full-time service may be re-engaged to complete 18 consecutive years full-time service;

(c) a man who is re-engaged to complete 18 consecutive years full-time service may be allowed to continue in the service beyond 22 consecutive years but on a year to year basis;

(d) a man may be allowed to continue beyond 22 consecutive years for a period of one year subject to such conditions as may from time to time be laid down by the Chief of Defence Staff. He shall have the right of discharge at three months' notice and commanding officers shall have the right to give him three months' notice of  discharge.

(2) Notwithstanding anything in (1) of this Article a man who has completed 18 years full-time service shall have the right of discharge at three months' notice and his commanding officer shall also have the right to give him three months' notice of discharge.

(3)  In this Article "full-time service" means continuing full-time service.

6.24—MEDICAL STANDARDS

The medical standards for enrolment of officers and men for any prolongation of service will be as prescribed by the Ministry for each of the three services.

6.25 TO 6.99—INCLUSIVE: NOT ALLOCATED

SCHEDULE

Article 6.22 (2)

FORM OF CERTIFICATE TO BE SIGNED BY MEN UNDERTAKING TRAINING IN ANY TRADE PRESCRIBED BY THE MINISTRY

CERTIFICATE

(To be attached to the Attestation Paper)

I.........................................................., understand that on undertaking training as ...........................................my terms of engagement are automatically changed and I hereby agree to serve for 12 consecutive years full-time service with effect from the original date of enrolment, in accordance with Article 6.22 (2) of Armed Forces Regulations.

Date ............................                                                                ........... ............................

Signature

[p.45]

CHAPTER 7—OFFICERS' APPOINTMENTS

7.01—AUTHORITY TO MAKE APPOINTMENTS

(1) The authority to appoint officers is vested in the President acting on the advice of the Armed Forces Council. (See Article 151 (3) of the Constitution.)

(2) The functions of the Armed Forces Council in relation to the appointment of officers under Article 151 (3) of the Constitution are hereby delegated to the Chief of Defence Staff.

(3) The Chief of Defence Staff may delegate the authority to make appointments to service Commanders in respect of their respective Services.

7.02—NOTIFICATION OF APPOINTMENT

(1) When the appointment of an officer is promulgated the commanding officer on whose unit or establishment the officer is borne shall inform him of the appointment.

(2) All appointments shall be promulgated in the Appointments List.

7.03 TO 7.13—INCLUSIVE: NOT ALLOCATED

7.14—APPLICATION FOR PARTICULAR APPOINTMENT

(1) Except as provided in (2) of this Article, officers shall not apply for a particular appointment.

(2) An officer may apply for a particular appointment—

(a) to undergo technical or other courses of instruction necessary or useful to his employment as an officer; or

(b) to study foreign languages abroad; or

(c) to gain experience in a particular type of establishment, ship or sphere of activity; or

(d) on urgent personal grounds.

7.15—APPLICATION TO HAVE APPOINTMENT CANCELLED

Unless there are urgent reasons to support cancellation an officer shall not apply to have his appointment cancelled.

7.16 TO 7.99—INCLUSIVE: NOT ALLOCATED

[p.46 - 50]

CHAPTER 8 - 9—NOT ALLOCATED

[p.51]

CHAPTER 10—TRANSFER AND DUTY OUTSIDE THE ARMY, NAVY OR AIR FORCE

10.01—COMPULSORY TRANSFER BETWEEN SERVICES

(1) An officer or man on active service may for the period of such service be transferred from the service in which he has been enrolled to another Service of the Armed Forces.

(2) Subject to (1) of this Article no officer or man shall without his consent be transferred from the Service in which he has been enrolled to another Service of the Armed Forces.

10.02—VOLUNTARY TRANSFER BETWEEN SERVICES

An officer or man may be voluntarily transferred from one Service to another Service of the Armed Forces with the prior approval of the Chief of Defence Staff and the Service Commander concerned.

10.03—COMPULSORY TRANSFER BETWEEN CORPS—ARMY

The Army Commander or such officer as he may designate may order the transfer within the Army of an officer or man from one corps to another.

10.04—VOLUNTARY TRANSFER BETWEEN CORPS—ARMY

An officer or man may, at his request and with the approval of the Army Commander or such officer as he may designate, be transferred within the Army from one corps to another.

10.05—DUTY OUTSIDE THE ARMED FORCES

(1) Personnel shall not be employed under any Government other than that of Ghana except when such employment has been sanctioned by the Chief of Defence Staff. The conditions to be observed in such cases will be notified by the Chief of Defence Staff. Before such employment begins, an officer or man shall be required to sign a certificate stating that he is willing to be employed under the conditions laid down by the Chief of Defence Staff.

(2) While so employed, provided the officer or man is qualified and recommended, he will be considered for promotion in his proper turn.

(3) The promotion of personnel seconded or attached will be governed by the following conditions;—

(a) if they can be absorbed in the new rank in a vacancy within the establishment of the unit to which they are seconded, they will be promoted and will complete their normal tour of duty with that unit;

(b) if no vacancy in the new rank exists into which they can be absorbed, they will be returned to their parent unit unless they are contractually bound, or they volunteer to remain until completion of that tour of duty. In either circumstance, they will forgo promotion until the [p.52] completion of their tour of duty. They will then be promoted when the next vacancy occurs, if still recommended, with seniority adjusted to the date they would have been promoted had they not remained detached from their parent unit.

10.06—RESTRICTIONS ON ATTACHMENT OR SECONDMENT

No officer or man shall be seconded unless—

(a) the Chief of Defence Staff is satisfied that on the termination of the proposed secondment the officer or man concerned will be acceptable for duty in the Armed Forces; and

(b) it appears possible that the period of secondment will be in excess of six months but not in excess of two years.

10.07—STATUS WHEN SECONDED OR ATTACHED

(1) An officer or man attached or seconded has like powers of command and punishment over men of the force to which he is attached or seconded as if he were an officer or man of that force of equivalent rank relative to the rank he holds.

(2) An officer or man who is seconded or who is attached outside the Ghana Armed Forces shall perform his duties as if he were a member of the force to which he is attached or seconded and shall obey orders of persons senior to him in rank, as if those persons were members of the Ghana Armed Forces.

10.08—LOAN

An officer or man may be loaned under an agreement between the Ministry of Defence and the appropriate authority of another country or government, an agency or a civilian body.

10.09 TO 10.99—INCLUSIVE: NOT ALLOCATED

[p.53]

CHAPTER 11—PROMOTION, REVERSION AND COMPULSORY REMUSTERING

Section 1—Promotion

11.01—AUTHORITY FOR PROMOTION

The promotion of an officer to the rank of Colonel or equivalent and above shall require the approval of higher authority on the recommendation of the Chief of Defence Staff.

(2) The promotion of any officer to any rank lower than Colonel or equivalent, and below shall require the approval of the Chief of Defence Staff or such officer as he may designate.

(3) The promotion of a man to any rank shall require the approval of the Chief of Defence Staff or such officer as he may designate or the respective Service Commander.

11.02—CONDITIONS GOVERNING PROMOTION

(1) Subject to (2) of this Article no officer or man shall be promoted to a higher rank unless—

(a)  there is an appropriate vacancy in the total establishment for his component;

(b)  he is recommended by the appropriate authority; and

(c) he has passed such qualifying examinations and satisfied such other conditions as the Chief of Defence Staff or the respective Service Commander may prescribe.

(2) In any particular instance or in any given circumstances the Chief of Defence Staff may direct that the qualification required as to the passing of qualifying examinations may be waived.

11.03 TO 11.09—INCLUSIVE: NOT ALLOCATED

Section 2—Reversion and Compulsory Remustering

11.10—REVERSION AND REMUSTERING FOR INEFFICIENCY

(1) For the purposes of this Article, competent authority means—

(a)  the Chief of Defence Staff, or such officer as he may designate; or

(b) the Army Commander or the Navy Commander or the Air Force Commander with respect to a man within his command; or

(c) when any part of the Armed Forces is on active service by reason of an emergency, the officer in chief command or such officer of any Service of the Armed Forces, not below the rank of a colonel or equivalent rank, as the officer in Chief command may designate.

[p.54]

(2) Subject to (4) and (5) of this article, and to such conditions as may be prescribed by the Chief of Defence Staff, the competent authority may—

(a) revert a man to a lower rank for inefficiency; and

(b) with or without reversion, remuster a man to any trade or group for inefficiency.

(3) All action under (2) of this Article shall be originated by the man's commanding officer who shall report the facts to a competent authority. Before reverting or remustering a man for inefficiency in his trade, the competent authority may cause him to be examined by a trade test board. When the board reports adversely on a man the competent authority may revert and remuster the man in accordance with (2) of this Article.

(4) When a competent authority authorises the reversion for inefficiency of a man, the man shall only be reverted—

(a)  if he holds substantive or acting rank only, one rank at any one time; or

(b) if he holds acting rank, to his substantive rank or temporary rank whichever is the higher or to any intermediate acting rank.

(5) When a reversion for inefficiency of a man is to the rank of private or equivalent rank, the man shall be reverted to the highest classification in that rank.

(6) Any order made under this Article shall state that the reversion or remustering is for inefficiency.

11.11—REVERSION AND REMUSTERING UPON CONVICTION BY CIVIL POWER

(1) Subject to (2) and (3) of this Article, man convicted by civil power may be reverted for misconduct by—

(a) the Chief of Defence Staff;

(b) the officer in chief command or such officer of any service of the Armed Forces not below the rank of colonel or equivalent rank, as the officer in chief command may designate when any part of the Armed Forces is on active service.

(2) No man shall be reverted under (1) of this Article, unless the nature of the offence of which he has been convicted clearly indicates that he is not fit to hold and exercise the authority of his rank.

(3) When a man is reverted under (1) of this Article, he shall not be reverted below the highest classification of private or equivalent rank, or below such higher rank as may be prescribed by the Chief of Defence Staff.

[p.55]

(4) Subject to any other provisions of A.F.R., no man shall be reverted administratively for misconduct except under the provisions of this Article.

(5) Any order for reversion made under this Article shall state that the reversion is as a result of a conviction by the civil power.

(6) When a man is, under the provisions of this Article, reverted to a rank which is not authorised in his existing trade group, he shall be remustered to the highest group in his trade which is permissible in the rank to which he is reverted. No other compulsory remustering shall be effected as a result of a conviction by the civil power.

(7) Any order for remustering made under (6) of this Article shall state that the remustering is necessarily consequent upon an order for reversion under this Article.

11.12—ADMINISTRATIVE REMUSTERING CONSEQUENT UPON REDUCTION BY SERVICE TRIBUNAL

(1) When by sentence of a service tribunal a man has been reduced to a rank which is not authorised in his existing trade group, he shall be remustered to the highest group in his trade which is permissible in the rank to which he is reduced.

(2) Any order for remustering under (1) of this Article shall state that the remustering is necessarily consequent upon a sentence of reduction by a service tribunal.

11.13— RELINQUISHMENT OF RANK

(1) An officer or man shall be ordered by the appropriate authority to relinquish an acting rank and revert to his substantive or temporary rank, whichever is the higher, or to any intermediate acting rank, when the officer or man no longer holds the position for which his acting rank was authorised.

(2) An officer or man may apply for permission to relinquish any rank held by him and to revert to a lower substantive rank—

      (a) if the applicant is an officer holding a substantive rank, by the Armed Forces Council;

      (b) if the applicant is an officer holding an acting rank, by the Chief of Defence Staff;

      (c) if the applicant is a man, by the respective Service Commander.

11.14—COMPULSORY REMUSTERING OF MEN

The Chief of Defence Staff, or such officer as he may designate, or the respective Service Commander, may compulsorily remuster a man to any trade or [p.56] group on such grounds as the Chief of Defence Staff, or respective Service Commander, may prescribed—

    (a)  when a man is on active service;

    (b)  while the man is undergoing a course of training or instruction in a trade; and

    (c)  at any time when the exigencies of the services so require.

11.15 TO 11.99—INCLUSIVE: NOT ALLOCATED

[P.57]

CHAPTER 12—PROMOTION OF OFFICERS

Section 1—General

12.01—APPLICATION

This Chapter applies to all officers including female officers.

12.02—SENIORITY COUNTING FOR PROMOTION

(1) All seniority counts in full for promotion except—

(a) seniority forfeited as a result of a sentence by a service tribunal;

(b) seniority lost when not in receipt of full service pay.

(2) To ensure that promotion to the ranks of lieutenant, captain and major in the Army, and the Air Force, sub-lieutenant and lieutenant-commander in the Navy is made on an equitable basis consistent with the requirements of the Army, Navy, and Air Force, officers eligible for promotion to those ranks shall be selected only from officers of a specified number of years' seniority.

12.03 TO 12.20—INCLUSIVE: NOT ALLOCATED

Section 2—Promotion of Officers in Forces

12.21—LIEUTENANT OR SUB-LIEUTENANT

(1) To be eligible for promotion to the rank of lieutenant or sub-lieutenant, an officer must—

(a) have 2 years seniority in the rank of 2nd lieutenant or sub-lieutenant, and

(b) be considered as suitable for promotion by his commanding officer.

12.22—CAPTAIN OR LIEUTENANT (NAVY)

(1) To be eligible for promotion to the rank of captain or lieutenant (Navy), an officer must—

(a) have 4 years seniority in the substantive rank of lieutenant or sub-lieutenant; and

(b) have passed the necessary qualifying examinations; and

(c) be considered as suitable for promotion by his commanding officer.

12.23—MAJOR OR LIEUTENANT-COMMANDER

(1) To be eligible for promotion to the rank of major or lieutenant-commander, an officer must—

(a) have 5 years seniority in the substantive rank of captain or lieutenant (Navy), and

(b) have passed the necessary qualifying examinations, and

(c) be considered as suitable for promotion by his commanding officer.

[p.58]

12.24—PROMOTION TO RANKS HIGHER THAN MAJOR OR LIEUTENANT—COMMANDER

Promotion to ranks higher than major or lieutenant-commander shall be by selection from officers who have proved themselves fit professionally and administratively for the higher rank, completed the qualifying service and obtained such other qualifications as may be prescribed by the Chief of Defence Staff.

12.25 TO 12.40—INCLUSIVE: NOT ALLOCATED

Section 3—Promotion of Officers in the Reserves.

12.41—PROMOTION

Instructions governing the promotion of officers of the Reserves are as prescribed by the Chief of  Defence Staff.

12.42 TO 12.99—INCLUSIVE: NOT ALLOCATED

[p.59]

CHAPTER 13—PROMOTION OF OFFICERS ON BRANCH LIST

Section 1—Promotion of Officers holding Quartermaster/Branch List Commission

13.01—CAPTAIN OR LIEUTENANT (NAVY)

(1) To be eligible for promotion to the rank of Captain or Lieutenant (Navy), an officer must:—

(a) have four years seniority in the substantive rank of Army Lieutenant or equivalent;

(b) have been recommended as suitable for promotion by his Commanding Officer.

(2) To be eligible for promotion to the rank of an Army Major or equivalent an officer must have held the rank of an Army Captain or equivalent for at least six years. Promotion to the rank of an Army Major or equivalent shall be on the basis of time promotion.

Section 2—Promotion of Officers Medical/Dental Officers

13.02—MAJOR OR LIEUTENANT COMMANDER

(1) To be eligible for promotion to the rank of Army Major or equivalent, an officer must:—

      (a) have five years seniority in the substantive rank of an Army Captain or equivalent;

(b) be considered suitable for promotion and recommended by his Commanding Officer.

13.03—LIEUTENANT-COLONEL AND COMMANDER (NAVY)

(1) To be eligible for promotion to the rank of an Army Lieutenant-Colonel or equivalent an officer must have five years seniority in the substantive rank of an Army Major or equivalent and must have ten years Military Service before promotion to the rank of a Lieutenant-Colonel or equivalent.

(2) Be considered suitable for promotion and recommended by his Commanding Officer and selected by the appropriate Ministry of Defence selection Board.

13.04—PROMOTION TO RANKS HIGHER THAN LIEUTENANT-COLONEL AND COMMANDER (NAVY)

Promotion to ranks higher than an Army Lieutenant-Colonel or equivalent shall be by selection from officers who have proved themselves fit professionally and administratively for the higher rank, completed the qualifying service and obtained such other qualification as may be prescribed by the Chief of Defence Staff.

13.05 TO 13.99—INCLUSIVE: NOT ALLOCATED

[p.61]

CHAPTER 14—ADVANCEMENT AND PROMOTION OF MEN

14.01—GENERAL

Men shall be advanced in trade grouping and promoted in rank in accordance with instructions prescribed by the Chief of Defence Staff, or an officer designated by him, or by the Army, Navy and Air Force Commanders in respect of men within their commands.

14.02 TO 14.99—INCLUSIVE: NOT ALLOCATED

[p.63]

CHAPTER 15—RELEASE

Section 1—General

15.01—RELEASE OF OFFICERS AND MEN

(1) An officer or man may be released, during his service, only in accordance with this article and the table hereto.

(2) When the service of an officer or man is terminated by death, his release shall be recorded for that reason.

(3) Except as prescribed in (4) of this Article, the authority to approve release shall be—

(a) the President acting on the advice of the Armed Forces Council in the case of an officer other than a subordinate officer; or

(b) the Chief of the Defence Staff, or such officer as he may designate, in the case of a subordinate officer or a man.

(4) The authority to approve the release of an officer or man under a punishment of dismissal with disgrace from Armed Forces or dismissal from Armed Forces shall be that authority who may approve the punishment in accordance with AFR and release shall be deemed to be approved upon approval of the punishment.

(5) When an officer or man is released under the items of the table to this article, the notation on his record of service shall be as follows:—

(a) if he is released under Item 1(a), the notation "Dismissal with Disgrace for Misconduct" or "Dismissed for Misconduct", as applicable, shall be used;

(b)  if he is released under Item 1 for any reason other than Item 1 (a), the notation "Released for Misconduct" shall be used;

(c) when he is released under Item 2, the notation "Service Terminated" shall be used;

(d) when he is released under Item 4 or 5, the notation "Honourably Released" shall be used.

[p.64]

TABLE TO ARTICLE 15.01

Item     Category        Reasons for Release            Special Instructions  

            (See Article 15.21—"Notice of Intended Release—Officers" and Article 15.36—"Notice of Intended Release—Men".)     

1          Misconduct  ..  ..        (a) Sentenced to Dismissal  ..         Applies to the release of an officer or man—           

            when sentenced by Court Martial to Dismissal or Dismissal with disgrace from the Armed Forces;

            (b) Service Misconduct ..  .. when convicted by a service tribunal of a serious offence that warrants release under this category;           

            when convicted by service tribunals of a number of offences indicating a course of misbehaviour that warrants release under this category (see Item 2 (a));    

            when convicted by the civil power of an offence of a serious nature related to the performance of his duties which would have warranted release under this category if convicted by a service tribunal;   

            (c) Illegally Absent  ..   ..        who has been illegally absent and will not be required for further service under existing service policy;          

            (d) Fraudulent Statement on Enrolment.     who, at time of enrolment, made a fraudulent statement which, having regard to the circumstances under which it was made and its effect, warrants release under this item; a false statement as to age made by an underage applicant, or a minor oversight or ambiguous statement made through enthusiasm to join one of the forces, should not result in release under this category (see Article 15.32—"Release for Fraudulent Enrolment" and Item 5 (e)).         

[p.65] 

2          Unsatisfactory Service ..      (a) Unsatisfactory Conduct ..           Applies to the release of an officer or man—

            when convicted by a service tribunal of an offence which warrants release under this category, but does not warrant release under Item 1(b);

            by reason of unsatisfactory civil conduct, or conviction of an offence by the civil power, of a serious nature not related to the performance of his duties but reflecting discredit on the Service;    

            when convicted by service tribunals of a number of offences indicating a course of misbehaviour which warrants release under this category, but does not warrant release under Item 1(b);  

            (b) Unsatisfactory Performance ..   who has the ability to improve but continues to display a lack of application or effort in the performance of his duties (See Item 5(b) for cases where unsatisfactory performance is attributable to an inherent lack of ability or aptitude).    

3          Medical  ..   .. (a) On medical grounds, being disabled and unfit to perform duties as a member of the Service.                     

            (b) On medical grounds, being disabled and unfit to perform his duties in his present trade or employment, and not otherwise advantageously employable under existing service policy.              

[p.66] 

4         

Voluntary Retirement           

(a) On Request—Entitled to Pension or Gratuity.  (See Article 15.02—"Release as of Right")

Applies to the release of an officer or man—

when time served will normally entitle an officer or man, not having reached compulsory release age, to a pension or gratuity;  

            (b) On Request—On Completion of Engagement.           On completion of the engagement of a man who does not accept an offer of further service;   

            (c) On Request—Other Causes  ..              who requests his release from the Service for good and substantial reasons and the exigencies of the Service permit his release and, if applicable, the payment required under Article 15.18 (Voluntary Release—Officers) is made.  

            (See Article 15.21—"Notice of Intended Release—Officers" and Article 15.36—"Notice of Intended Release—Men".)     

5          Service Completed ..  ..        (a) Compulsory Release Age  ..    ..            Applies to the release of an officer or man—

who has reached the compulsory release age. (See Article 15.17—"Compulsory Release Ages—Officers" and Article 15.31—"Compulsory Release Ages—Men".);         

            (b) Reduction in Strength ..  when there is a reduction in the maximum numbers of officers and men or on demobilization;    

            (c) Completed Service for which required.            who, not having reached compulsory release age, has completed the period of service required under existing service policy;   

            who, not having reached compulsory release age, has completed the period of service required because of a change in trade specifications (or establishment, or branch/list required) of the Service;       

            on completion or during the final year of an officer's fixed term of service;       

[p.67] 

                        (d) Unsuitable for further Service     who is not advantageously employable because of inherent lack of ability or aptitude or is unable to adapt to service life     

            who is not advantageously employable because he lacks the potential expected for his rank;          

            when domestic or other personal problems or personal weaknesses seriously affect his usefulness to or impose an excessive administrative burden on the Service; 

            by reason of the marriage of a female member of the forces. (See Article 15.06—"Release of Females on Marriage"),      

            (e)  Irregular Enrolment ..      by reason of an irregular enrolment other than Item 1(b).

[p.68]

15.02—RELEASE AS OF RIGHT

(1) Except during an emergency or when he is on active service, an officer or man is entitled to be released at the expiration of the term of service for which he is enrolled or re-engaged.

(2) Unless the Chief of Defence Staff otherwise directs, any period of absence without leave, or desertion, shall not be reckoned towards the completion of the term of service for which an officer or man was enrolled or re-engaged.

(3) Subject to (1) of this Article, no officer or man may claim his release as of right except—

(a) an officer not on active service (by reason of an emergency)

(i) under item 4 (d) (on request) of the table to Article 15.01 if he is a subordinate officer who requests his voluntary retirement where he will otherwise be reverted to the rank from which he was promoted to subordinate officer;

(ii) under item 4 (c) (on request—other causes) of the table to Article 15.01;

(b) a man not on active service by reason of an emergency, under item 4(c) of the table to Article 15.01.

15.03—EFFECTIVE DATE OF RELEASE

The effective date of release shall—

(a) in the case of a punishment awarded by a court martial of dismissal with disgrace from the Armed Forces or dismissal from the Armed Forces, be as soon as practicable after approval of the punishment; and

(b) in all other cases—

(i) be set by the approving authority, or

(ii) if no date be set by the approving authority, be as soon as practicable after release is   approved.

15.04—PLACE OF RELEASE

(1) Except as prescribed in (2) and (3) of this Article, an officer or man shall be released in Ghana.

(2) An officer or man who is serving outside of Ghana at the time his release is approved may, if he so requests, be released at the place where he is serving if prior approval is obtained from the Chief of Defence Staff.

(3) The provisions of (1) of this Article shall not apply to an officer or man who is released as a consequence of imprisonment beyond Ghana following conviction by the civil power.

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15.05—RETENTION OF PERSONNEL ELIGIBLE FOR RELEASE ON MEDICAL  GROUNDS

(1) An officer or man of the Regular Armed Forces who is suffering from a disease or injury which necessitates prolonged treatment or medical observation may, at the discretion of the Chief of Defence Staff and on the recommendation of the Director of Medical Services be retained in the Armed Forces for the duration of such treatment or medical observation.

(2) If at any time it becomes apparent that the officer or man will continue to be unfit for military service despite prolonged treatment he shall be released as medically unfit but, at the discretion of the Chief of Defence Staff and on the recommendation of the Director of Medical Services, he may continue to receive medical attention as though he were a member of the Armed Forces.

15.06—RELEASE OF FEMALES ON MARRIAGE

(1) A female person enrolled in the Armed Forces shall, if she marries during her first three years of service, be released under item 5(d) (unsuitable for further service) of the table to Article 15.01 unless in the opinion of the Chief of Defence Staff, her continued employment is in the best interest of the Armed Forces.

(2) When a female person becomes pregnant before marriage release will be effected under item 5 (d).

(3) The release of a female recruit and subordinate officer may be approved under item 5 (d) if the Chief of Defence Staff considers that she is unsuitable for further training and that it is in the interest of the service for the release to be approved.

15.07—REPORTING OF CLAIMS

(1) When forwarding an application for the release of an officer or man, the commanding officer shall report any outstanding or potential public or non-public claim against the officer or man and shall furnish proof of that claim.

(2) When the release has been approved the commanding officer shall report to his formation headquarters any claim described in (1) of this Article which will not be liquidated on or before the proposed date of release.

15.08 TO 15.16—INCLUSIVE: NOT ALLOCATED

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Section 2—Officers

15.17—COMPULSORY RELEASE AGES OF OFFICERS HOLDING PERMANENT COMMISSIONS

(1) The normal compulsory release ages of officers holding permanent commissions in all branches and ranks shall be 50.

(a)  In certain branches and ranks the compulsory release age may be as follows:—

            Lt.-Gen.          Maj.-Gen.       Brig.    Col.     Lt.Col.

All Arms  ..     ..       ..  65        63        60        55        53       

Medical and Dental—                                                                      

(i) Specialist   ..      ..    ..       —       65        65        65        65       

(ii) Non-Specialist  ..     ..      —       60        59        58        58       

Legal  ..     ..        ..      ..         —       —        60        60        60       

Female Officers   ..      ..       —       —        55        55        55       

(b) The compulsory retiring age for chaplains will be 55. If a chaplain selected for appointment as a chaplain-general is required to complete three years in the post before retirement he will be retained beyond the compulsory retiring age, if necessary, until he completed that period.

(c) Officers holding permanent commissions at ages above the normal who are unable to complete ten years' reckonable service before reaching the age of compulsory release will be retained beyond the normal release ages until they have completed at least that period, provided that their service is satisfactory.

(d) Officers appointed direct to permanent commissions from the ranks who are required to serve a minimum period of ten years after appointment will where necessary, be retained beyond the normal compulsory retiring ages to give the required minimum period of service.

(2) The compulsory retiring ages laid down in this article are subject to variation, either upwards or downwards, as the Ministry may from time to time determine. Such variations however, would not be compulsorily applied to any officer so as to affect his retirement in the rank held by him at the date of the order announcing the change.

(3) It is the policy of the Ministry to adhere to the normal compulsory retiring ages wherever possible, but the Ministry has the right to retire an officer [p.71] prematurely at any time should it consider this to be necessary; in general, however, such right would not be exercised, unless it was necessary for the efficiency of the Armed Forces, before the officer had completed the service necessary to qualify for retired pay.

(4) Similarly, where the Ministry considers that it is necessary in the interest of the Service, an officer may be retained beyond the normal retirement date. When an officer is retained compulsorily such continued employment will be for a specific and firm period of time and will be treated as continuous employment on the Active List and not as re-employment.

15.18—VOLUNTARY RELEASE—OFFICER

(1) Every application by an officer for release under Item 4 (Voluntary Retirement) of the table to Article 15.01 shall be made in writing through the commanding officer who shall add his recommendations when forwarding the application to the appropriate authority.

(2) When a commanding officer recommends such release, he shall certify that his recommendation is not made for the purpose of allowing the applicant to avoid the consequences of  his inefficiency, unsuitability or misconduct.

(3) The Chief of Defence Staff may prescribe those courses of more than six  months duration in respect of which an officer who has attended on duty shall not be released at his request, under Item 4 of the table to Article 15.01 unless he has served a period (which shall not be less than three years) to be determined by the Chief of Defence Staff.

(4) Where, in the opinion of the Chief of Defence Staff, special and unforeseen circumstances require that an officer apply for his release prior to the completion of the minimum period of service prescribed under (3) of this Article, his release may be approved but only if he refunds the portion of the cost incurred by the public for his attendance at the course in accordance with (5) of  this Article.

(5) Where, under (4) of this Article, a portion of the cost incurred by the public is to be reimbursed, such portion shall be assessed on the following basis:—

(a) if the release occurs within three years of the commencement of the required minimum period of service, the total cost incurred by the public in providing the course;

(b) if the release occurs more than three years after the commencement of the required minimum period of service, that part of the cost incurred by the public which is proportionate to the number of years still to be served (part of a year being reckoned as a full year).

[p.72]

(6) The cost incurred by the public on which reimbursement shall be based shall be—

(a) the amount paid by the State either directly to the institution providing the instruction or by reimbursement of the officer concerned for fees or any other costs arising out of or attributable to his attendance under instruction; and

(b) except for any period during which the officer performed normal military duties, pay and allowances including the applicable rate of subsistence allowance for his rank and status, whether in issue or not, for the period for which he attended the course, but not including:

(i) transportation and travelling expenses provided to send him and his dependents, furniture and effects to or from the course,

(ii)  any assisted leave transportation benefits extended to him, or

(iii) income tax deductions applicable to that period.

(7) Notwithstanding the provisions of this Article, the Chief of Defence Staff may in a particular case attended by special and unforeseen circumstances authorize a reduction in the portion to be refunded by the officer to such reasonable part of the cost incurred by the public as he may consider appropriate.

15.19—NOT ALLOCATED

15.20—RETIRED LIST

(1) A list designated as the "Retired List" shall be maintained at the Ministry.

(2) On release, an officer who has completed ten or more years of service in the Armed Forces shall have his name entered on the Retired List if he was an officer of the Regular Armed Forces and is entitled to a pension or gratuity or cash termination allowance.

(3) The name of a former officer entered on the Retired List shall be carried throughout his lifetime except that it may be removed for misconduct.

(4) The rank shown against the name of an officer on the retired list shall be the substantive, acting or temporary rank held by him on the date of his release.

(5) A former officer whose name is entered on the Retired List shall have the privilege of using the title of his rank and shall include the word "Retired" immediately after his name.

(6) An officer entered on the Retired List shall be required to undertake in writing to—

(a) serve in the Armed Forces when called upon to do so at any time a state of emergency has been declared; and

(b) report all changes of his address to the Ministry of Defence.

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15.21—NOTICE OF INTENDED RELEASE

(1) When it is proposed to recommend the release of an officer other than a subordinate officer under—

(a) item 1 (b) (service misconduct) or 1 (d) (fraudulent statement on enrolment);

(b) item 2 (b) (unsatisfactory performance);

(c) item 5 (d) (unsuitable for further service)

of the table to Article 15.01, the commanding officer shall furnish the officer concerned with a written statement of the reasons for the proposed recommendation. He shall require the officer to reply in writing within fourteen days stating either the officer's objections to the proposed recommendation or that he has no objections to make.

(2) If an officer to whom notice of intended release has been furnished under (1) of this article does not reply in writing within fourteen days, his failure to reply shall constitute an admission by him that he has no objection to the proposed release.

(3) The recommendation for release together with either the reply of the officer concerned or statement that he has failed to make a reply shall be forwarded to the appropriate authority.

(4) Nothing in this Article shall require notice to be given to an officer whose release is being considered on the ground of—

(a) having been convicted by the civil power, when the officer has been committed to undergo a sentence of imprisonment; or

(b) marriage. (See Article 15.06—"Release of Females on marriage").

15.22 TO 15.30—INCLUSIVE: NOT ALLOCATED

Section 3—Men

15.31—COMPULSORY RELEASE AGES

(1) Subject to (3) and (4) of this Article, a man of the Regular Armed Forces shall be released when he reaches the age limit prescribed for his substantive rank shown in the table to this Article whether or not his current engagement has expired.

(2) Subject to (3) and (4) of this Article, a man on the Reserves shall be released on reaching the age limit prescribed by the Chief of Defence Staff, whether or not his current engagement has expired.

(3) The Chief of Defence Staff may in exceptional circumstances authorize the retention of a man beyond the compulsory release age prescribed for his rank.

[p.74]

(4) When any part of the Armed Forces is on active service, the compulsory release ages for men of all components shall be such as the Chief of Defence Staff may prescribe.

TABLE TO ARTICLE 15.31

Rank   Age    

Warrant Officer, Class 1 or equivalent rank   ..       ..       ..        ..  55       

Warrant Officer, Class 2 or equivalent rank   ..       ..       ..        ..  52       

Staff-Sergeant or equivalent rank and below  ..       ..       ..        .. 50       

15.32—RELEASE FOR FRAUDULENT ENROLMENT

(1) A man may be released under the provisions of item 1(d) (fraudulent statement on enrolment) of the table to Article 15.01 who after enrolment, is found to have:

(a) failed to disclose on enrolment, that he was in a state of desertion from, or belonged to, another service of the Armed Forces;

(b) failed to disclose on enrolment that he was in a state of desertion from, or belonged to, any other Armed Forces; or

(c) made any other false statement with a fraudulent purpose in the documents signed by him on enrolment, except a false statement as to age only.

(2) The commanding officer shall—

(a) in the case described in (1) (a) of this Article, report the matter to the appropriate authority which shall—

(i) ascertain from the headquarters of the service to which the man belonged, whether it is desired to claim him under his original engagement, and

(ii)  if he is claimed, order the immediate release of the man, or

(iii) if he is not claimed instruct the commanding officer as to the man's disposal; or

(b) in the case described in (1) (b) or (1) (c) of this Article, report the particulars to the appropriate authority for direction.

15.33—RELEASE ON REQUEST—MEN

The release of a man under Item 4 (c) (Voluntary—On Request—Other Causes) of the Table to Article 15.01 (Release of Officers and Men) shall not be approved unless—

(a) the applicant has good and substantial reasons for seeking his release and the exigencies of the service permit;

(b) the applicant is not on active service by reason of an emergency;

[p.75]

(c) the cost of his transportation from his home to his place of enrolment is refunded if release is applied for within the first year of an initial engagement; and

(d) when the Chief of Defence Staff so directs, he pays the amount prescribed in the Table to this Article.

TABLE TO ARTICLE 15.33

Cases Applicable     Amount to be paid   

(1) If release is applied for within three months of an initial engagement or a subsequent re-engagement.            N¢60.00        

(2) If release is applied for after three months of an initial engagement or a subsequent re-engagement.            N¢142.00 reduced by N¢5 for each month in excess of twelve that has elapsed on his engagement or re-engagement, except that at no time shall the amount he is required to pay be less than N¢60.00           

15.34 TO 15.35—INCLUSIVE: NOT ALLOCATED

15.36—NOTICE OF INTENDED RELEASE—MEN

(1) When, in the case of a man who is of or above the rank of petty officer, 2nd Class, or sergeant or who is below the rank of petty officer, 2nd Class, or sergeant but has served for ten or more years in the Regular Forces, it is proposed to recommend his release under—

(a) item 1(b) (service misconduct) or 1 (d) (fraudulent statement on enrolment); or

(b) item 2 (unsatisfactory service); or

(c) item 5 (d) (unsuitable for further service),

of the Table to Article 15.01 (Release of Officers and Men), the commanding officer shall furnish the man concerned with a written statement of the reasons for the proposed recommendation. He shall require the man to reply in writing within fourteen days stating either the man's objections to the proposed recommendation or that he has no objection to make.

[p.76]

(2) If a man to whom a notice of intended release has been furnished under (1) of this Article does not reply in writing within fourteen days, his failure to reply shall constitute an admission by him that he has no objection to the proposed release.

(3) The recommendation for release together with either the reply of the man concerned or a statement that he has failed to make a reply shall be forwarded to the appropriate Formation Headquarters.

(4) Nothing in this Article shall require notice to be given to a man whose release is being considered on the grounds of:

(a) having been convicted by the civil power, when the man has been committed to undergo a sentence of imprisonment; or

(b) marriage. (See Article 15.06—"Release of Females on Marriage".)

15.37 TO 15.49—INCLUSIVE: NOT ALLOCATED

Section 4—Reinstatement of Officers and Men

15.50—REINSTATEMENT

(1) Subject to AFR, where an officer or man has been released from the Armed Forces or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a service tribunal or any court, and the sentence or finding ceases to have force and effect as a result of a decision of a competent authority, the release or transfer may, with the consent of the officer or man concerned, be cancelled, and he shall thereupon, except as provided in those regulations, be deemed not to have been so released or transferred.

(2) Subject to (3) of this Article, where an officer or man has been released or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a service tribunal or any court, and the sentence or finding ceases to have force and effect as a result of a decision of a competent authority the Chief of Defence Staff, at any time, may, with the consent of the officer or man concerned, cancel such release or transfer.

(3) The pay and allowances of an officer or man whose release or transfer is cancelled under (2) of this Article shall be subject to such deduction as may be imposed in any regulation, order or instruction.

(4) An officer or man whose release or transfer has been cancelled, pursuance to (2) of this Article, shall be entitled to such benefits as may be prescribed in any regulation, order or instruction.

15.51 TO 15.99—INCLUSIVE: NOT ALLOCATED

[p.77]

CHAPTER 16—LEAVE AND PASS

Section 1—General

16.01—WITHHOLDING OF AND RECALL FROM LEAVE AND PASS

(1) Leave and pass may be withheld by reason of the exigencies of the service.

(2) An officer or man on leave or pass may be recalled to duty at any time.

16.02—INVOLUNTARY ABSENCE FOLLOWING LEAVE OR PASS

(1) An officer or man who is unable through circumstances beyond his control to return to his place of duty at the expiration of his leave or pass shall—

(a) report the circumstances and the anticipated date of return to the commanding officer or the nearest Armed Forces unit; and

(b) on returning to his place of duty present proof, including a medical certificate if applicable, of the circumstances that have prevented his earlier return.

(2) A commanding officer to whom a report is made under (1)(a) of this Article shall communicate by signal full particulars to the commanding officer of the officer or man concerned.

16.03—NOT ALLOCATED

16.04—PERMISSION TO PROCEED TO ANOTHER COUNTRY ON LEAVE OR PASS

(1) Except when specially authorised by the Chief of Defence Staff an officer or man on leave or pass shall not proceed beyond Ghana or the country in which he is serving.

(2) An Officer of the rank of Captain and above or equivalent rank with six years Commissioned Service may at intervals of not less than five years and at the discretion of the Chief of Defence Staff be granted free return passage to a country outside Ghana for himself and wife (but not for any children) on the understanding that his military efficiency would benefit from such a visit. In such cases, in order that the maximum benefit may be obtained, the officer will undertake during his period in such country any refresher course or attachment that may be arranged for him.

16.05 TO 16.10—INCLUSIVE: NOT ALLOCATED

Section 2—Leave

16.11—APPLICATION OF SECTION

Leave under the provisions of this section shall be granted only to an officer or man of—

(a) the Regular Armed Forces; and

[p.78]

(b) the Reserves when he is on active service, or performing continuous duty.

16.12—LEAVE YEAR

(1) The leave year shall be from the first day of April to the thirty-first day of March of the following year.

16.13—AUTHORIZATION OF LEAVE

Except when the approval of a higher authority is required by this section, leave may be granted to—

(a)  (i) a commanding officer or an area commander by the officer commanding the command; and

(ii) an officer commanding a command or the head of a branch at Army Headquarters, by the Army Commander.

(b) (i) the Captain of a ship or fleet establishment or a Senior Officer in Command, by the Senior Officer in Chief Command; and

(ii) a Senior Officer in Chief Command, or the head of a branch at Navy Headquarters, by the Navy Commander.

(c) a commanding officer or head of a branch at Air Force Headquarters, by the Air Force Commander.

6.14—ANNUAL LEAVE

1) Annual Leave up to a maximum of forty-two days in each leave year may be granted to an officer or man by the commanding officer. If approval is granted by or under the authority of the Chief of Defence Staff annual leave in respect of one leave year may, in special circumstances, be taken in the subsequent leave year.

(2) Annual leave shall not be granted following enrolment until the completion of six months' paid service or the completion of training, whichever is the longer, except:—

(a) leave included in a training syllabus; or

(b) for urgent and exceptional personal reasons; or

(c) when leave is in the best interest of the Armed Forces.

(3) Leave corresponding to annual or compassionate leave taken in respect of the current leave year under the regulations of another Force to which an officer or man has been attached or seconded shall be deducted from the annual leave permissible under (1) of this Article.

[p.79]

(4) No officer or man shall be granted annual leave to be take six months before the commencement of terminal leave.

(5) An officer or man of the Reserves when employed on continuous duty may be granted annual leave on the basis of two and one-half days for each month served. This leave shall be taken during the period of continuous duty.

16.15—NOT ALLOCATED

16.16—SICK LEAVE

(1) An officer or man may be granted sick leave not exceeding:—

(a)  forty-two days by a commanding officer; or

(b) ninety-one days by an officer commanding a command or an area commander, or a senior officer in Chief Command including any leave granted under (a) of this paragraph;  or

(c) one hundred and eighty-three days by the appropriate Service Commander, including any leave granted  under (a) and (b) of this paragraph;

on the recommendation of a medical board, or, when the leave is for not more than thirty days, on the recommendation of a medical officer.

(2) An officer or man who has been absent on sick leave shall report to the medical officer immediately on return to his unit.

(3) Sick leave shall not be granted to an officer or man who is about to be released on medical grounds or for any other reason.

16.17—COMPASSIONATE LEAVE

(1) An officer or man may be granted compassionate leave not exceeding—

(a)  fourteen days by a commanding officer; or

(b) thirty days by an officer commanding a command, an area commander, or a senior officer in Chief Command including any leave granted under (a) of this paragraph; or

(c) ninety-one days by the appropriate Service Commander including any leave granted under (a) and (b) of this paragraph.

(2) Compassionate leave may be granted only for urgent and exceptional personal reasons and shall be counted against any portion of the officer's or man's annual leave that has not been taken.

[p.80]

16.18—VERIFICATION OF GROUNDS FOR COMPASSIONATE LEAVE

When an officer or man applies for compassionate leave, the commanding officer shall—

(a) in normal cases verify to his satisfaction the grounds upon which the leave is requested before granting it; and

(b) in cases of apparent urgency grant the leave and instruct the applicant to furnish definite verification of the grounds on his return from leave.

16.19—TERMINAL LEAVE

(1) The Chief of Defence Staff or such officer as he may designate may grant terminal leave to an officer or man of the Regular Armed Forces whose release or transfer to the Reserves has been approved. Terminal leave granted shall not extend beyond the date of release. It shall be computed on the basis of thirty days for each completed five years of continuous service and seven days for each completed year of continuous service under five years.

(2) For the purposes of this Article "continuous service" shall mean the period of uninterrupted full-time paid service in the Armed Forces ending on the day of release. Any period of leave without pay shall not be considered as interrupting the continuity of service when computing terminal leave.

(3) Terminal leave shall not be granted to—

(a) an officer or man whose release is approved under 15.01, Item 1 (Misconduct), 2 (Unsatisfactory Service), or 4 (Voluntary Retirement); or

(b) an officer whose release at his own request has been approved other than in circumstances under which he would be entitled to a pension.

16.20—SPECIAL LEAVE

An officer or man may be granted special leave—

(a) not exceeding thirty days by or under the authority of the Chief of Defence Staff; or for any greater period by or under the authority of the Armed Forces Council;

(b) not exceeding 12 weeks maternity leave for female persons by or under the authority of the Chief of Defence Staff.

16.21 TO 16.22—INCLUSIVE: NOT ALLOCATED

16.23—SPECIAL LEAVE FOR TRAVELLING TIME

(1) Special leave for travelling time may be granted, in accordance with (2) of this Article, to an officer or man who intends to spend his leave at a place more than twenty-four hours distant by the most direct rail or road route from his unit. Special leave for travelling time shall be in addition to other leave.

[p.81]

(2) When an officer or man proceeds on annual leave, the commanding officer may grant special leave for travelling time, once in each leave year, not in excess of three days to cover the period of travel to place of leave and not in excess of three days to cover the return journey.

16.24—LEAVE WITHOUT PAY AND ALLOWANCES

(1) An officer or man may be granted leave without pay and allowances for any period by or under the authority of the Chief of Defence Staff.

(2) Except as the Chief of Defence Staff may, if he considers it in the best interest of the Armed Forces otherwise order a period of leave without pay and allowances shall not count for—

(a) seniority; or

(b) promotion; or

(c) award of good conduct medals or badges; or

(d) any other service purpose.

16.25 TO 16.29—INCLUSIVE: NOT ALLOCATED

Section 3—Pass and Short Leave

16.30—GRANTING OF A PASS FOR SHORT LEAVE

(1) A pass for short leave may be granted to an officer or man by a commanding officer.

(2) Subject to (3) of this Article a pass shall not be—

(a) granted for a period of forty-eight hours more often than once each month; or

(b) granted for a period in excess of forty-eight hours;

(c) granted consecutively with another pass; or

(d) reckoned against annual leave.

(3) A pass may be granted for a period of more than forty-eight hours to include a public holiday.

16.31—ORDERS REGARDING SHORT LEAVE—NAVY

(1) The Senior Officer in Chief Command shall issue whatever orders he considers necessary relative to the granting of short leave in his command.

(2) To ensure uniformity in the short leave granted to each ship's company when two or more ships are in company the senior officer shall inform the Captain of the ships concerned as to the time during which leave may be granted.

[p.82]

16.32—SHORT LEAVE OUTSIDE PORT LIMITS—NAVY

An officer or man shall not proceed on short leave outside the limits of the port if he is—

(a) a senior officer not in chief command without the permission of the Senior Officer in Chief Command; or

(b) the Captain of a ship or fleet establishment, without the permission of the senior officer present under whose orders his unit is serving; or

(c) an officer other than one mentioned in (a) and (b) of this Article or a man, without the permission of his Captain.

16.33—SHORT LEAVE ARRANGEMENTS FOR MEN

Except when short leave is stopped as a result of disciplinary action, men shall be granted short leave to the fullest extent practical and, in the case of chief petty officers and petty officers, irrespective of the number of watches the remainder of the ship's company is in.

Section 4—Leave Records

16.34—RECORDING OF LEAVE

When leave, other than the short leave prescribed in Article 16.30 is granted to an officer or man, the type and length of leave, together with any travelling time authorised, shall be recorded.

16.35—LEAVE FORMS

(1) Leave forms shall be issued to all men proceeding on leave other than short leave and, when considered desirable, to men proceeding outside the limits of the port on short leave.

(2) Before proceed on leave the attention of all men shall be drawn to the instructions printed on the reverse side of the leave form.  

(3) Completed leave form books may be destroyed when no longer required for reference purposes.

16.36 TO 16.99—INCLUSIVE: NOT ALLOCATED

[p.83]

CHAPTER 17—DRESS AND APPEARANCE

Section 1—General

17.01—UNIFORMS

Officers and men of the Armed Forces shall wear the uniforms prescribed by the President on the advice of the Armed Forces Council.

17.02—PERSONAL APPEARANCE

(1) The dress and appearance of an officer or man shall on all occasions be such as to reflect credit on the Armed Forces.

(2) Except as provided in (3) of this Article no officer or man shall wear a beard unless he is required to do so for medical or religious reasons. The prior approval of the commanding officer is to be obtained.

(3) (a) The Captain may permit the officers and men borne in his ship to wear beards and moustaches.

(b) When the permission is granted, the use of the razor shall be discontinued entirely, and moustaches shall not be worn without the beard, nor the beard without moustaches.

(c) The hair of the beard and moustaches shall be kept well cut and trimmed.

(d) The Captain shall give any other directions that seem to him desirable upon these points and shall establish, so far as practical, uniformity of the length of the hair, beard and moustaches of the men.

(4) When any part of the navy is on active service the Captain shall draw the attention of persons requesting the privilege of wearing beards and moustaches to the following:—

(a) that experience gained in naval sinkings has shown that oil in beards has in some cases blocked the nasal passages, resulting in the death of persons who might otherwise have survived; and

(b) that the wearing of a beard is a hazard when under attack by gas, since the beard is likely to prevent a respirator fitting closely.

17.03—WHEN UNIFORM TO BE WORN

(1) Unless the Chief of Defence Staff otherwise directs—

(a) an officer or man on duty shall wear uniform; and

(b) an officer or man not on duty may wear civilian clothes.

(2) An officer or man who desires to wear uniform while on leave outside Ghana shall request permission to do so at the time he applies for that leave.

(3) When a request for permission to wear uniform is made under (2) of this Article, the authority having power to approve the leave—

(a) may, subject to any restrictions imposed by the Chief of Defence Staff, approve the request if the leave is to be spent in—

(i) countries of the Commonwealth,

[p.84]

(ii) countries in which the Armed Forces are stationed in accordance with any instrument entered into by Ghana, and

(b) shall, in all other cases, refer the request to the Ministry.

(4) When permission is granted to wear uniform on leave outside Ghana the authority granting the leave shall record the permission on the leave form and, when permission has been given under (3) (b) of this Article—

(a) if the authority granting the leave is outside Ghana he shall inform the Ghanaian representative in the country concerned; and

(b) if the authority granting the leave is in Ghana the Chief of Defence Staff shall cause the Ministry of Foreign Affairs to be notified.

17.04—WEARING OF UNIFORM—RESTRICTIONS

(1) Except that he may wear a military uniform of obsolete pattern no officer or man shall wear any part of a military uniform at a fancy dress ball.

(2) No officer or man of the Reserves shall wear uniform except when he is—

(a) on duty; or

(b) attending a military entertainment or a ceremony at which the wearing of uniform is appropriate.

(3) A former officer or man released other than by reason of misconduct may wear uniform—

(a) with the permission of the local Armed Forces commander, when attending a military entertainment or a ceremony at which the wearing of uniform is appropriate; or

(b) on other occasions with the permission of the Chief of Defence Staff.

17.05—WEARING OF UNIFORM IN THEATRICAL PRODUCTIONS

If he is satisfied that no discredit to the Armed Forces will ensue, the appropriate Service Commander may authorize any person to wear Armed Forces uniform in a theatrical production, stage play or other public performance.

17.06—CIVILIAN CLOTHES

(1) Unless permission is granted under Article 17.03, civilian clothes shall be worn by officers and men on leave outside Ghana.

(2) An officer and, subject to (5) of this Article, a man  may wear civilian clothes when on leave.

(3) In repect of the navy, civilian clothes may be worn—

(a) in a ship by an officer when he is proceeding on or returning from leave; and

[p.85]

(b) in a fleet establishment by

(i) an officer or man when he is proceeding on or returning from leave;

(ii) an officer, chief petty officer, or petty officer when he has been granted leave and is in his mess or cabin, and

(iii) a man, when he has been granted leave and is in a canteen or other authorised place of recreation.

(4) Men who avail themselves of the privilege to wear civilian clothes while on leave shall not wear any distinctive items of uniform clothing.

(5) The privilege of men to wear civilian clothes may be withdrawn by a commanding officer at his discretion—

(a) for misconduct; or

(b) if the standard of appearance is unsatisfactory.

17.07—PROVISION OF UNIFORM

(1) All officers of the Regular Forces, other than subordinate officers, shall at their own expense except as otherwise directed, provide themselves with and maintain articles of uniform in the required quantities and according to the appropriate sealed patterns. A uniform allowance and uniform maintenance allowance, at a rate to be prescribed by the Chief of Defence Staff, shall be issued to all officers for the provision and upkeep of uniform.

(2) Officer cadets, naval cadets and flight cadets of the Regular Force and officers of the Reserves shall be provided with articles of uniform in accordance with orders issued by the Chief of Defence Staff.

(3) Men of the Regular Forces shall be provided with articles of uniform in accordance with orders issued by the Chief of Defence Staff.

17.08—KIT INSPECTION

The uniform of a man below the rank of warrant officer or equivalent rank shall be inspected at all kit inspections for the purpose of ascertaining whether—

(a) there are any dificiencies:

(b) any replacements or repairs are required;

(c) the kit is clean;

(d) all items are properly marked; and

(e) the man is improperly in possession of any article.

17.09—WEARING OF ACCESSORIES WITH UNIFORM

(1) Subject to (2) of this Article, no officer or man shall wear in a visible position on his uniform any article not forming part of his order of dress.

[p.86]

(2) Unless the Chief of Defence Staff otherwise directs an officer or man may wear on his uniform the special emblems on the day specified in the table to this Article.

TABLE TO ARTICLE 17.09

Occassion                                       Date                          Emblem

Remembrance Day                    11th November                  Poppy

17.10 TO 17.14—INCLUSIVE: NOT ALLOCATED

Section 2—Mourning

17.15—STATE MOURNING

(1) Except as provided in (2) of this Article, State Mourning shall not apply to the Armed Forces.

(2) An officer while—

(a) attending State Functions; or

(b) in attendance upon the President; or

(c) on duty with an escort or guard of honour provided for a Head of State;

shall wear State mourning if the State is in mourning, but otherwise shall not wear any mourning.

17.16—SERVICE MOURNING

(1) Service mourning shall apply to officers only.

(2) The Chief of Defence Staff may order service mourning on the occasions, under the conditions, and for the duration he considers necessary.

17.17—OTHER CASES OF MOURNING

Subject to Article 17.15—

(a) an oflicer or warrant officer class I, or equivalent rank, shall wear mourning while taking part in service funerals or ceremonial services connected with service funerals;

(b) an officer or man may wear mourning at a private funeral in the event of a personal bereavement; and

(c) no officer or man shall wear mourning at the unveiling of memorials, Remembrance Day Services, or other similar ceremonies.

17.18 TO 17.99—INCLUSIVE: NOT ALLOCATED

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NOT ALLOCATED

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CHAPTER 19—CONDUCT AND DISCIPLINE

Section 1—Personal Conduct

19.01—OBSERVANCE AND ENFORCEMENT OF REGULATIONS ORDERS AND INSTRUCTIONS

Every officer and man shall acquaint himself with and obey:—

(a) the Armed Forces Act, 1962 (Act 105)

(b) the State Secrets Act, 1962 (Act 101)

(c) AFR and

(d) all other enactments, rules, orders and instructions necessary for the performance of his duties.

19.02—CONFLICTING ORDERS

If an officer or man is given an order which he considers to be in conflict with the Armed Forces Act, or orders issued to the Armed Forces or with any particular order he has previously received, he shall point out the conflict orally, or in writing if the order does not require immediate obedience, to the superior by whom the order was given. If the superior still directs him to obey the order, he shall do so.

19.03—NOT ALLOCATED

19.04—INTOXICANTS

No officer or man shall introduce, possess, or consume any intoxicant on an Armed Forces' unit, ship or aircraft or in any building or area occupied by the Armed Forces, except:—

(a) in an institute with respect to which a general authority has been granted to possess or consume an intoxicant during specified hours; or

(b) in such other place and at such times as the commanding officer may approve.

19.05 AND 19.06—NOT ALLOCATED

19.07—PRIVATE DEBTS

(1) Private debts of an officer or man are the responsibility of the individual concerned.

(2) Every complaint received from a creditor that an officer or man has failed to pay his debts shall be dealt with as prescribed by the respective Service Commander.

19.08—NOT ALLOCATED

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19.09—USE OF OUTSIDE INFLUENCE FORBIDDEN

No officer or man shall attempt to obtain favourable consideration on any matter relating to his service by use of influence from sources outside the Armed Forces.

19.10—COMBINATIONS FORBIDDEN

No officer or man shall without authority:—

(a) combine with other officers or men for the purpose of bringing about alterations in existing regulations for the Armed Forces; or

(b) sign with other officers or men memorials, petitions, or applications relating to the Armed Forces; or

(c) obtain or solicit signatures for memorials, petitions, or applications relating to the Armed Forces.

19.11—INTERVIEW AND COMMUNICATION WITH OFFICERS AT HEADQUARTERS

(1) No officer or man shall apply for an interview with any officer at:—

(a) command or area headquarters without the permission of his commanding officer; or

(b) Army, Navy or Air Force Headquarters without the prior permission of the headquarters concerned.

(2) No officer or man shall communicate privately with officers at Army, Navy or Air Force Headquarters or a Command or Area Headquarters on a personal matter relating to his service.

19.12—COMMUNICATION WITH THE COMMANDING OFFICER

An officer or man may, upon application, see his commanding officer on any personal matter.

19.13—REBUKE IN PRESENCE OF JUNIOR

No officer or man shall rebuke any person in the presence or hearing of any one junior to that person in rank, unless a public rebuke is absolutely necessary for the preservation of discipline.

19.14—IMPROPER COMMENTS

(1) No officer or man shall make remarks or pass criticism tending to bring his superior into contempt, except as may be necessary for the proper presentation of a complaint to redress a grievance.

(2) No officer or man shall do or say anything which:—

(a) if seen or heard by any member of the public might reflect discredit on the Armed Forces or on any of its members; or

[p.91]

(b) if seen or heard by, or reported to, those under him might discourage them or render them dissatisfied with their condition or the duties on which they are employed.

19.15—NOT ALLOCATED

19.16—FOREIGN EXPEDITIONS AND MANOEUVRES

(1) Subject to (2) of this article no officer or man, without the permission of the Chief of Defence Staff shall in a foreign country:—

(a) accompany or take part in a Naval, Army or Air Force expedition of a foreign power; or

(b) officially attend the manoeuvres or public parades of the Naval, Army or Air Forces of a foreign power.

(2) Nothing in this article shall prevent attachés, authorized staff and exchange personnel, whose normal duties so require, from attending manoeuvres or public parades of the Naval, Army or Air Forces of a foreign country they are attached or accredited.

19.17—REPORTS OF EXPEDITIONS AND MANOEUVRES

(1) An officer or man who attends an expedition or manoeuvres outside Ghana shall forward to his Headquarters a report on the expedition or manoeuvres he witnesses.

(2) Subject to (1) of this article, no officer or man shall, without permission from his Headquarters, send to anyone an account of or comment on any expedition or manoeuvres he may witness.

19.18—CONCEALMENT OF DISEASE

An officer or man who is suffering or suspects he is suffering from a disease shall, without delay, report himself sick.

19.19—WOMEN ON BOARD OR ON PASSAGE—NAVY

Subject to Article 64.09 (Refugees), unless the senior officer present is formally requested to do so by a diplomatic officer representing Ghana in a foreign nation, no woman shall be permitted to reside on board or take passage in any of the Ghana Navy ships except with the express permission of the Navy Commander.

19.20 TO 19.25—INCLUSIVE: NOT ALLOCATED

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Section 2—Grievances and Complaints

19.26—REDRESS OF GRIEVANCE

(1) If an officer or man thinks that he has suffered any personal oppression, injustice, or other ill-treatment, he may complain orally to the commanding officer.

(2) If an officer or man thinks that he has been wronged by the commanding officer, either because a complaint under (1) of this article has not been redressed or for any other reason, he may complain in writing to the commanding officer.

(3) If the commanding officer has not redressed a complaint made under (2) of this article within fourteen days of its receipt by him, the complainant may submit his complaint in writing to—

(a) the formation commander, where the complainant's station, unit, or other element is commanded by a formation; or

(b) the officer commanding the command, where the complainant's station, unit or other element is commanded by a command.

(4) If the complainant who makes a complaint under (3) (a) of this article does not receive from the formation commander the redress to which he considers himself entitled, he may submit his complaint in writing to the officer commanding a command.

(5) If the complainant does not receive from the officer commanding a command the redress to which he considers himself entitled, he may submit his complaint in writing to the Chief of Defence Staff.

(6) If the complainant does not receive from the Chief of the Defence Staff redress to which he considers himself entitled, he may submit his complaint in writing to the Armed Forces Council.

(7) If the complainant is a commanding officer, a formation commander or an officer commanding a command, his complaint shall first be made in writing and addressed to his immediate superior. In other respects the procedure for making complaints shall be the same as for other officers.

(8) Every complaint shall be submitted through the usual channels except that if a commanding officer, a formation commander, or an officer commanding a command does not forward a complaint to higher authority when requested to do so, then that complaint may be forwarded direct.

(9) Every person to whom a complaint is made under this article shall cause such complaint to be inquired into, and shall, if he is satisfied, of the justice of the complaint, take such steps as are within his power to afford full redress, to the complainant or if he has not power to afford full redress submit the complaint to higher authority.

[p.93]

(10) No officer or man shall be penalized for making a complaint in accordance with this Article and with Article 19.27.

19.27—RULES FOR STATING GRIEVANCES

(1) A statement of grievance presented under Article 19.26—

(a) shall

(i) be made as early as practicable while it is still possible to ascertain the facts of the case, and

(ii) be confined to a statement of the facts complained of and to the alleged consequences to the complainant; and

(b) shall not

(i) be made jointly by two or more complainants, or

(ii) be made anonymously, or

(iii) contain a statement known to the complainant to be untrue, or

(iv) include language or comments which are insubordinate or subversive of discipline, except so far as may be necessary for an adequate statement of the complaint.

(2) If a complainant requests assistance in the presentation of his grievance, the commanding officer shall detail an officer to assist him, who shall, if practicable, be an officer designated by the complainant.

19.28 TO 19.35—INCLUSIVE: NOT ALLOCATED

Section 3—Dealings with Public, Civil Employment, and Political Activities

19.36—DISCLOSURE OF INFORMATION OR OPINION

(1) For the purposes of this article, "military" shall be construed as relating not only to all or any of the services of the Armed Forces but also to the Armed Forces of any country.

(2) Subject to Article 19.38, no officer or man shall, without permission obtained under Article 19.37—

(a) publish in any form whatever or communicate either directly or indirectly or otherwise disclose official information, or an unpublished or classified official document or the contents thereof to an unauthorized person;

(b)  use that information or document for a private purpose;

(c) published in any form whatever any military information, or his views on any military subject to unauthorized person;

[p.94]

(d) deliver publicly, or record for public delivery either directly or through the medium of radio or television, a lecture, discourse or answers to questions relating to a military subject;

(e) prepare a paper or write a script on any military subject for delivery or transmission to the public;

(f) publish his opinions on any military question that is under consideration by superior authorities;

(g) take part in public in a discussion relating to orders, regulations or instructions issued by his superiors;

(h) disclose to an unauthorized person, without the authority of the department, agency or other body concerned, any information acquired in an official capacity while seconded attached or loaned to that department, agency or other body;

(i) furnish to any person, not otherwise authorized to receive them, official reports, correspondence or other documents, or copies thereof; or

(j) publish in writing or deliver any lecture, address, or broadcast in any way dealing with a subject of a controversial nature affecting other departments of the public service or pertaining to public policy.

(3) This article does not apply to a writing, lecture, address or broadcast confined exclusively to members of the Armed Forces.

19.37—PERMISSION TO COMMUNICATE INFORMATION

(1) Permission under Article 19.36 may be granted by the Chief of Defence Staff or such other authority as he may designate.

(2) Permission given under (1) of this article does not convey or imply endorsement of the contents of the publication and no statement to imply official approval or endorsement shall be included in any part of the publication nor may the permission be referred to in any way.

19.38—COMMUNICATIONS TO NEWS AGENCIES

Any communication concerning or affecting the Armed Forces or any part thereof that it may be considered desirable to make to the press or any other agencies concerned with dissemination of news or opinions shall be made by the Chief of Defence Staff or a person designated by the Chief of Defence Staff.

[p.95]

19.39—COMMUNICATIONS WITH OTHER SERVICES AND GOVERNMENT DEPARTMENTS

No officer or man shall enter into direct communication with any other service or with any government department on subjects connected with his service or with his particular duties or future employment, unless he is authorized to do so.

19.40—DEALINGS WITH CONTRACTORS

(1) No officer or man shall have any private dealings with contractors, their agents or employees, whether on an honorary basis or otherwise, which may lay him open to suspicion of being influenced in the discharge of his duty by other than purely public considerations.

(2) No officer or man shall—

(a) give a private testimonial to a contractor regarding wares or services supplied to the Armed Forces; or

(b) include in his correspondence with a contractor anything that might be used as a testimonial.

(3) No officer or man shall derive, by virtue of his status as a member of the Armed Forces, pecuniary benefit or personal advantage from any contract made on behalf or for the benefit of the Armed Forces.

19.41—ACCEPTANCE OF GIFTS FROM FOREIGN SOURCES

No officer or man shall, without the consent of the Chief of Defence Staff, accept a gift, reward, or favour from any foreign sovereign, state, or functionary.

19.42—ADMISSION AND ACCEPTANCE OF LIABILITY

(1) No officer or man shall, without the authority of the Chief of Defence Staff—

(a) admit liability to any person who is not a member of the Armed Forces; or

(b) accept liability on behalf of the State for any loss or damage arising out of or occasioned by the performance of military duties by himself or by another.

(2) No officer or man shall, without the authority of the Chief of Defence Staff, accept on behalf of the State any liability for the defence of civil or criminal proceedings brought against any other officer or man by a member of the public.

19.43—CIVIL EMPLOYMENT

(1) Subject to (3) of this article, no officer or man on full-time service shall engage in any civil employment or undertaking which in the opinion of his commanding officer—

(a) is or is likely to be detrimental to the interest of the Armed Forces; or

[p.96]

(b) reflects or is likely to reflect discredit upon the Armed Forces; or

(c) in the case of officers and men of the Regular Armed Forces is continuous.

(2) No officer or man on full-time service shall authorise the use or his name or photograph in connection with any commercial product, except so far as his name may be part of a firm name.

(3) Except that he shall not engage in any civil employment or undertaking which reflects or is likely to reflect discredit upon the Armed Forces the provisions of this article shall not apply to an officer or man who is—

(a) on leave immediately preceding release; or

(b) on leave without pay.

19.44—DIRECTORSHIPS AND INTEREST IN COMPANIES

(1) Subject to (2) of this article, no officer or man of the Regular Armed Forces or of the Reserves on active services, shall serve as director of any company, unless—

(a) the company is a private one;

(b) stock of the company is neither sold nor quoted on the open market; and

(c) approval from the Chief of Defence Staff is obtained.

(2) When any part of the Armed Forces is on active service an officer or man of the Reserves may retain any directorships he held prior to being placed on active service.

19.45—POLITICAL ACTIVITIES AND CANDIDATURE FOR OFFICE

No commanding officer shall—

(a) allow a political meeting to be held or a political speech to be delivered at his station, unit or ship; or

(b) allow a candidate in an election or a political agent or canvasser to visit his station, unit or ship for the purpose of carrying on political activities unless authorised by or under service instructions or orders.

(2) No officer or man of the Regular Armed Forces shall—

(a) take any active part in the affairs of any political organization or party; or

(b) issue an address to electors, or announce himself or allow himself to be announced as a candidate, or prospective candidate, for election to the Parliament or to local council.

(3) No officer or man shall institute or take part in any party or political meeting at any station, unit, ship or property occupied by the Armed Forces.

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19.46 TO 19.51—INCLUSIVE: NOT ALLOCATED

Section 4—Legal Proceedings by Civil Power

19.52—OPERATION OF CIVIL LAW

(1) Officers and men remain subject to the civil law.

(2) The civil police have power to arrest an officer or man whether or not he is in a station, unit, ship or property occupied by the Armed Forces.

(3) A commanding officer shall afford every facility to the civil power in detecting and apprehending officers and men serving in his station, unit or ship whose arrest is required on any criminal charge; but he shall require any police officer claiming to act on behalf of the civil power to produce satisfactory evidence of his authority so to act.

19.53—SEARCH OF SHIPS OR AIRCRAFT BY CUSTOMS OFFICERS

(1) Subject to (2) of this article, the Captain of a ship or aircraft shall permit Ghana customs officers to search his ship or aircraft.

(2) The Captain shall, when in his opinion the interests of security so require, refuse access to parts of the ship or aircraft containing classified material. When access is refused to a customs officer in these circumstances, the Captain or an officer designated by him for that purpose shall, if the customs officer so requests, carry out a search in those parts of the ship or aircraft to which access has been refused, and make the appropriate report to the customs officer.

19.54—NOT ALLOCATED

19.55—OFFENDERS RELEASED ON BAIL

(1) When a man has been arrested by a civil power whether in or outside Ghana and afterwards released on bail pending trial and the unit or other elements to which he belongs leaves the area before the case is disposed of, the commanding officer shall if practical, arrange to have him assigned to another unit or other element remaining in the area.

(2) If that cannot be arranged and no service accommodation is available the commanding officer shall cause the civil power concerned to be notified as soon as practical of the impending departure.

19.56—ATTENDANCE AS WITNESS IN CIVIL COURTS

(1) An officer or man who has been subpoenaed to appear as a witness in a civil court shall appear on the date specified in the subpoena.

2) An officer or man who intends to appear voluntarily as a witness in a civil court shall request permission from his commanding officer to do so.

[p.98]

(3) When an officer or man who has been subpoenaed or who intends to appear voluntarily as a witness in civil court considers that—

(a) the evidence which he may give or the documents he may be called upon, to produce will entail the revelation of material classified as restricted or higher; or

(b) the public interest would be otherwise affected he shall so inform his commanding officer.

(4) When a commanding officer receives information in accordance with (3) of this article he shall—

(a)  if the officer or man intends to appear voluntarily refuse permission to appear; and

(b)  if the officer or man has been subpoenaed,

(i) immediately communicate by message direct to superior headquarters, requesting instructions, and

(ii) direct the attention of the officer or man concerned to the provisions of (6) of this article.

(5) If on receipt at superior headquarters of a message described in (4) (b) of this article it is considered the evidence or documents should not be given or produced, the matter shall be referred to the Chief of Defence Staff so that he may apply to the Attorney-General for his advice as to a claim of privilege.

(6) When instructions have been requested from superior headquarters as prescribed in (4) of this article but have not been received by the time the officer or man appears as a witness, the officer or man shall inform the court of these facts and shall request that his evidence or the production of documents be deferred until he has received instructions.

19.57—REPORT OF ARREST BY CIVIL POWER

When an officer or man has been arrested by the civil power he shall cause his arrest to be reported to his commanding officer.

19.58—OFFICER IN ATTENDANCE AT TRIAL BY CIVIL POWER

If a commanding officer receives information that an officer or man under his command is charged with an offence before a civil court he shall detail an officer from the unit to attend and watch the proceedings unless:

(a) the offence charged is a minor one under the road traffic laws or local ordinance; or

(b) the distance from the unit to the place of trial is so great as to make the detailing of an officer unpractical.

[p.99]

(2) If it is unpractical to detail an officer to attend and watch the proceedings because of the distance from the unit to the place of trial, the commanding officer shall, if the offence is not one coming within (1)(a) of this article, submit a report to the officer commanding the command. The officer commanding the command shall decide whether it is advisable for an officer to be present at the trial and, if so, whether an officer shall be detailed from the unit of the accused or from some other unit nearer the place of trial. In the latter case the commanding officer of the accused shall communicate direct with the unit from which the officer is to proceed and shall forward all necessary information and documents for the use of the attending officer.

19.59—PAYMENT OF FINES AND COSTS

(1) The commanding officer may authorize the payment from public funds, with the consent of the accused, of any fine and costs imposed which the accused could not otherwise pay.

(2) Before authorizing payment in accordance with (1) of this article, the commanding officer shall consider in connection with the accused:

(a) the state of his pay account;

(b) his general character;

(c) whether his services are urgently required; and

(d) whether, if he is convicted, an application is likely to be made for his release from the Armed Forces.

(3) When a payment is made on behalf of the accused under (1) of this article, the commanding officer shall ensure that the total amount of that payment is recovered from the accused.

19.60—DUTIES OF ATTENDING OFFICER PRIOR TO TRIAL

(1) Prior to the trial of an officer or man before a civil court the attending officer shall:—

(a) obtain a statement of the accused's

(i) record of service,

(ii) pay account, and

(iii) service conduct generally; and

(b) ascertain whether the commanding officer authorizes him in accordance with Article 19.59 to pay any fine imposed.

(2) Prior to the trial of an officer or man before a civil court the attending officer shall inform the accused that his duties do not include acting in any way as the accused's lawyer.

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19.61—DUTIES OF ATTENDING OFFICER DURING TRIAL

(1) An attending officer shall, if requested by the court, give the court:

(a) all information in his possession as to the service conduct generally of the accused; and

(b) full particulars of any previous conviction of the accused of an offence under sections 39, 51 (where the offence involves wilful destruction or damage to property), 52 and 77 of the Armed Forces Act, 1962.

(2) No attending officer shall:

(a) give particulars of any previous convictions of the accused other than those specified in (1) (b) of this article; or

(b) produce the conduct sheets of the accused; or

(c) act in any way as the accused's lawyer.

19.62—CERTIFICATE OF CONVICTION

If an officer or man is convicted or bound over or otherwise dealt with by a civil court his commanding officer shall obtain a certificate of conviction or certified copy of the order of the court.

19.63—ACTION FOLLOWING CONVICTION BY CIVIL POWER

(1) When a commanding officer receives information that an officer or man has been convicted by a civil court he shall, unless the offence was a minor one under the road traffic laws, forward to the officer commanding the command or area commander

(a) a certificate of conviction;

(b) the conduct sheet of the offender;

(c) his recommendation as to whether the offender should be retained in the Armed Forces; and

(d) if the offender is a man, his recommendations as to whether he should be reverted for misconduct.

(2) When a report under (1) of this article is in respect of:

(a) an officer;

(b) a man sentenced to imprisonment; or

(c) a man recommended to be reverted for misconduct;

the officer commanding the command or area commander shall forward it to superior headquarters with information as to the action taken, or his recommendations.

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Section 5—Deserters and Absentees

19.64—DEFINITION OF DESERTER AND ABSENTEES

(1) For the purpose of AFR, a deserter is a person convicted of the offence of desertion by a service tribunal.

(2) For the purpose of this section, an absentee is a person who:

(a) without authority leaves his unit, station, ship, or fleet establishment or the place where his duty requires him to be;

(b) without authority is absent from his unit, station, ship or fleet establishment or the place where his duty requires him to be; or

(c) having been authorised to be absent from his unit, station, ship or fleet establishment or the place where his duty requires him to be, fails to return to that unit, ship or fleet establishment or place at the expiration of the period for which his absence was authorised.

19.65—ACTION TO BE TAKEN WHEN A PERSON BECOMES AN ABSENTEE

(1) On the second day of unauthorised absence the commanding officer shall notify, by signal, details of the absentee to:

(a) the Armed Forces Provost Unit;

(b) the Armed Forces Record Office; and

(c) the Armed Forces Pay Office.

(2) On the eighth day of unauthorised absence the commanding officer shall again notify, by signal, the addressees mentioned in (1) of this article, confirming that the person continues to be absent.

(See Articles 21.43—"Investigation of Illegal Absence".)

19.66—APPREHENSION OF DESERTERS AND ABSENTEES

Everyone shall exert his utmost endeavours to prevent desertion and absence without leave and by lawful means detect, apprehend and bring to trial every one who is improperly absent.

19.67 TO 19.71—INCLUSIVE: NOT ALLOCATED

19.72—DISPOSAL OF DESERTERS OR ABSENTEES FROM OTHER SHIPS, OR OTHER SERVICES, FOUND IN A SHIP

(1) The Captain shall, when he discovers in a ship or fleet establishment a person who is a deserter or absentee from another ship or fleet establishment send him to his own ship or fleet establishment if it is present and report the particulars of the case to the Senior Officer in Command. When the offender's ship is not in the vicinity, the Captain shall inform the Captain of the ship or the fleet establishment to which the person belongs.

[p.102]

(2) The Captain shall, when he discovers in the ship or fleet establishment a person who is a deserter or absentee from the army or air force, send a full report of the case to Naval Headquarters, together with a description of the person and every particular likely to lead to his identification.

19.73—SEARCH OF FOREIGN SHIPS FOR ABSENTEES OR FUGITIVE OFFENDERS FORBIDDEN

An officer or man shall not in any circumstances search or attempt to search any foreign vessel for absentees or offender.

19.74 AND 19.75—NOT ALLOCATED

19.76—SUSPENSION FROM DUTY

(1) For the purpose of this article "suspend from duty" means to relieve an officer or man from the performance of all military duty.

(2) An officer or man may be suspended from duty by:

(a) the Chief of Defence Staff; or

(b) a Service Commander in respect of an officer or man within his command.

(3) An authority mentioned in (2) of this article may suspend an officer or man  from duty unless in the interests of the Armed Forces it is desirable that the officer or man remain on duty.

(4) Suspension may be ordered in conjunction with open or close custody.

(5) An officer or man shall cease to be suspended from duty at the discretion of the authority who suspended him.

19.77  TO 19.80—INCLUSIVE: NOT ALLOCATED

Section 6—Guard Reports

19.81—GUARD REPORTS

(1) A report shall be made by the officer or man in charge of a guard room, detention room, or detention barrack on each person:

(a) placed in his care under close custody or to undergo sentence; or

(b) confined in a hospital under escort supplied by a station or unit.

(2) The report prescribed in (1) of this article shall be made to the commanding officer:

(a) on the day the person is admitted to custody;

[p.103]

(b) on the first day an escort is supplied for a man confined to hospital; and

(c) subsequently

(i) if the man is not undergoing sentence, daily, or

(ii) if the man is undergoing sentence, forty-eight hours prior to the expected time of release from custody.

(3) Each report shall contain:

(a) the number, rank, name and unit of the person in custody;

(b) the date on which the person was first received into custody;

(c) the offence with which he has been charged or for which a sentence has been imposed;

(d) the authority by whose order the person was confined; and

(e) the time yet to be served, if a punishment of detention has been imposed.

19.82 TO 19.99—INCLUSIVE: NOT ALLOCATED

[p.104 - 106]

NOT ALLOCATED

[p.107]

CHAPTER 21—SUMMARY INVESTIGATIONS AND BOARDS OF INQUIRY

Section 1—Summary Investigations

21.01—General

(1) In this chapter "summary investigation" means an investigation, other than a board of inquiry, ordered by the officer commanding a command, formation, station, unit or other elements.

(2) When he requires to be informed on any matter connected with his formation, station, unit or ship or affecting an officer or man under his command, and a board of inquiry is not required by these regulations nor ordered by higher authority, the officer commanding the command, the area commander or the commanding officer may conduct a summary investigation into that matter in such manner as he sees fit.

(3) Subject to (4) of this article, the report of a summary investigation may be in synopsis form and on completion, if required to be forwarded to higher authority, shall include the recommendations of the officer who ordered the summary investigation.

(4) When a summary investigation concerns an occurrence the nature of which requires or warrants specific findings, the report shall contain findings and recommendations and all information that would normally be contained in the record of proceedings of a board of inquiry.

(5) The ordering of a summary investigation does not preclude the subsequent convening of a board of inquiry.

21.02 TO 21.06—INCLUSIVE: NOT ALLOCATED

Section 2—Boards of Inquiry—General

21.07—CONVENING AUTHORITIES—BOARDS OF INQUIRY

(1) Section 10 of the Armed Forces Act, 1962 provides:

"10. The President or any person authorised in that behalf by him or any prescribed person may, where he or such person thinks it expedient that information on any matter connected with the government, discipline, administration or functions of the Armed Forces or affecting any officer or man of the said Forces is necessary, convene a Board of Inquiry for investigating and reporting on such matter. That Board of Inquiry shall be constituted, and its procedure shall be governed, in accordance with the regulations made under this Act."

(2) A board of inquiry may be convened by:—

(a) President;

(b) The Chief of Defence Staff;

[p.108]

(c) an officer commanding a command;

(d) an officer commanding a formation; and

(e) a commanding officer.

21.08—COMPOSITION OF BOARDS OF INQUIRY

(1) A board of inquiry shall:

(a) be composed of three or more officers, as determined by the convening authority. One or more warrant officers or chief petty officers may be appointed as additional members.

(b) when a female officer or woman may be involved in the investigation a female officer shall be included as a member of the Board.

(2) In determining the composition of a board of inquiry the convening authority shall—

(a) appoint a commissioned officer not below the rank of an army captain or equivalent as president;

(b) when practical, appoint as president an officer equal or superior in rank to any officer whose reputation may be affected as a result of the investigation;

(c) not appoint as a member an officer senior in rank to the president;

(d) not appoint as a member an officer, warrant officer or chief petty officer officially connected with or having a personal interest in the investigation or likely to be called as a witness;

(e) not appoint a warrant officer or chief petty officer as a member when the findings may result in disciplinary action being taken against an officer, warrant officer, or chief petty officer;

(f) appoint only medical officers to a medical board of inquiry; and

(g) if practical, when the investigation may involve technical or professional knowledge or skill, include at least one member with the required qualifications,

21.09—TERMS OF REFERENCE

The convening authority shall provide a board of inquiry with written terms of reference containing full and specific instructions as to:

(a) the investigation to be undertaken;

(b) the information required;

(c) the matters on which findings or recommendations are required; and

(d) the security classification of the matter to be investigated (if applicable).

[p.109]

21.10— EVIDENCE

(1) A board of inquiry shall:

(a) receive and record all available evidence which is relevant.

(b) attach as exhibits to the original record of proceedings all relevant documents produced; and

(c) attach a certified true copy of each exhibit to each copy of the proceedings;

(2) All evidence before a board of inquiry shall be taken on oath. Except that where any child of tender years called as a witness does not in the opinion of the board understand the nature of an oath, his evidence may be received though not given on oath, if in the opinion of the board he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

(3) For the purposes of (2) of this article "oath" shall be deemed to include a solemn affirmation.

(4) A witness testifying on oath before a board of inquiry shall:

(a) take the following oath:

"I (name) do hereby swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth", or

(b) when he objects to taking the oath, make the following solemn affirmation:

"I (name) solemnly, sincerely and faithfully affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth".

(5) When, in the opinion of the President of a board of inquiry the evidence at any time during the sitting of the board appears likely to affect adversely the character or professional reputation of any person subject to the Code of Service Discipline, or who is in the service of the State, the President shall, in addition to receiving his evidence as a witness, take such steps as are necessary to ensure that such witness has notice of the proceedings and, if he so desires, has the opportunity of being present during the remainder of the inquiry. To enable a board to reach an appropriate finding it is essential that they should have the fullest information on the matter being investigated.

Any person in the categories mentioned above whose character or professional reputation may be affected by the findings of the inquiry should therefore be encouraged to exercise his right to be present and question witnesses, etc. The fact that he is not present shall be recorded in the proceedings.

(6) Any such person as is referred to in (5) of this article may give further evidence, question witnesses or produce any witness to give evidence on the matters which may affect him.

[p.110]

(7) If an officer or man serving in Ghana (in the case of an inquiry held in Ghana) or in the same area abroad (in the case of an inquiry held abroad), to whom (5) of this article applies, has been unable for any valid reason to be present personally at or throughout the inquiry, the board shall by letter (or otherwise as may be found convenient) inform him of any statements appearing to require a report or explanation by him and are to receive from him in writing (or otherwise) any statement in denial, exculpation, or explanation or otherwise. Any such statements are to be recorded and annexed to the proceedings of the board.

(8) If, after hearing the evidence, the board are of the opinion that blame apparently attaches to any Armed Forces personnel serving in Ghana (in the case of an inquiry held in Ghana) or in the same area abroad (in the case of an inquiry held abroad), the board are to inform each person so affected accordingly and draw his attention to the particular evidence on which such opinion is based and are then to ask him if he desires any further evidence to be taken or has any further statement to make. Any such further statement or evidence is to be taken down and any new points brought to light are to be fully investigated. The board are then finally to consider all the facts and make their report as may be required by the terms of reference.

(9) If the board finally attribute blame to any officer or man to whom (5) of this article applies, the convening authority shall, provided the officer or man implicated is serving in Ghana (in the case of an inquiry held in Ghana) or in the same area abroad (in the case of an inquiry held abroad) forward a copy of the proceeding to the person concerned and obtain from him a statement (which should be attached to the proceedings) giving any reasons why he should not be found to blame.

(10) When an officer or man to whom (5) of this article applies is serving abroad (in the case of an inquiry held in Ghana) or in Ghana, or in another area abroad (in the case of an inquiry held abroad), the board shall endeavour to come to their finding without receiving statements from him, making any necessary reservations in their report.

21.11—TIME AND PLACE OF ASSEMBLY

(1) Unless otherwise specified in the convening order, the president of a board of inquiry shall fix the time and place for its assembly and shall cause notice of the sittings to be given to all members of the board, witnesses, and other persons interested.

(2) A board of inquiry may be re-assembled as often as necessary to:

(a) examine additional witnesses;

(b) further examine any witnesses; or

(c) make any additional findings or recommendations.

[p.111]

21.12—MEETING NOT OPEN TO THE PUBLIC

Unless the convening authority otherwise directs, a board of inquiry shall exclude from its meeting all persons except:

(a) a witness while giving evidence;

(b) an officer or man whose presence is permitted under (5) of Article 21.10 or under Article 21.14;

(c) a person whose attendance is required by the president; and

(d) counsel while his client is giving evidence.

21.13—ATTENDANCE OF WITNESSES NOT SUBJECT TO THE CODE OF SERVICE DISCIPLINE

(1) The president of a board of inquiry may request a person not subject to the Code of Service Discipline to:

(a) attend as a witness; or

(b) make a statement in writing;

but no such person may be compelled to attend as witness or make a statement in writing.

(2) A witness who attends in accordance with this article shall be entitled to fees and expenses authorised in A.F.R.

21.14—WHEN ADVISER TO BOARD PERMITTED

The convening authority may appoint or arrange for the attendance of civilian or service specialists to act as advisers to a board of inquiry.

21.15—PREPARATION OF RECORD OF PROCEEDINGS

(1) The proceeding of a board of inquiry should provide a logical account, normally in chronological order, of the matter investigated, intelligible to a person unacquainted with the subject matter or with local conditions which may be common knowledge to the convening authority or the board. For this purpose it may be advisable to attach to the proceedings means of identifying places or things.

(2) All relevant documents, maps, plans, sketches, copies of any standing or other orders shown to have been material and correspondence relating to the investigation and police or other reports which have been produced to a board shall be attached to the original record of proceedings as exhibits, copies being made for each copy of the record of proceedings. Where original documents are produced to a board a copy certified by the president as a true copy of the original may be made and attached to the record of proceedings as exhibits instead of the originals. Exhibits which cannot conveniently be attached to or accompany the record of proceedings shall be kept in safe custody at the unit.

21.16—PROCEDURE ON COMPLETION OF ABOARD OF INQUIRY

(1) The record of proceedings of a board of inquiry shall be:

(a) signed by the president and each member; and

(b) unless otherwise directed by the convening authority, submitted by the president

(i) direct to the convening authority, or

(ii) to the commanding officer if convened under Article 21.56 (Investigation of Aircraft Accidents).

(2) When the members are unable to agree on a matter within their terms of reference, a dissenting member shall state his opinion in writing for transmission with the record of proceedings.

(3) Units immediately concerned with the incidents forming the subject of the inquiry are to treat the record of proceedings as confidential or, if appropriate secret documents, and shall therefore forward them to higher authority under confidential or secret cover.

(4) The convening authority and any other authority through whom the record of proceedings are transmitted shall record on the record of proceedings his concurrence in or opinion of the report, findings or recommendations.

21.17—DISCLOSURE OF RECORD OF PROCEEDINGS

(1) The record of proceedings of boards of inquiry are generally privileged, that is, they belong to a class of documents which are not made available for disclosure to the public even in legal proceedings, and must not be disclosed except to officers and men whose duty it is to consider them.

2) The record of proceedings or any extracts from them shall not be disclosed to members of the public, local authorities, the civil police or government civil departments. Applications for access to such proceedings from such persons or authorities shall be forwarded to the Chief of Defence Staff for instructions.

21.18—ADMISSIBILITY OF RECORD OF PROCEEDINGS

Except in relation to a charge of giving false evidence before a board of inquiry, the record of proceedings of a board of inquiry shall not be admitted as evidence or used at a service tribunal. (For inadmissibility in proceedings before a civil court see Article 19.56—"Attendance as Witness in Civil Courts".)

[p.113]

Section 3—Special Provisions Concerning Summary Investigations and Boards of Inquiry

21.19—INVESTIGATION OF SEVERAL MATTERS

When several matters, for each of which a summary investigation or board of inquiry would normally be assembled, arise out of the same occurrence the appropriate authority may:

(a) order one summary investigation or convene one board of inquiry to investigate all those matters; or

(b) if he considers that they cannot be suitably dealt with by one summary investigation or board of inquiry, order separate summary investigations or boards of inquiry.

21.20—WHEN CLAIM BY OR AGAINST THE STATE APPEARS LIKELY

(1) If it appears at a summary investigation or board of inquiry into any occurrence that a claim by or against the State may arise, the authority who ordered the summary investigation or convened the board of inquiry shall be informed immediately.

(2) When the appropriate authority receives information under (1) of this article he shall order an investigation as prescribed in section 4 (Claims by and against the State).

Section 4—Claims by and against the State

21.21—INVESTIGATION OF CLAIMS BY OR AGAINST THE STATE

 A board of inquiry convening an occurrence which involves or may involve a claim by or against the State shall;

(a) proceed as prescribed by the Chief of Defence Staff; and

(b) comply with this chapter except so far as it may be inconsistent with (a) of this paragraph.

21.22 TO 21.40—INCLUSIVE: NOT ALLOCATED

Section 5—Missing or Absent Officers and Men

21.41—GENERAL

(1) When an officer or man is missing and in the opinion of his commanding officer his absence is neither voluntary (see Article 21.43), nor due to enemy action (see Article 21.44), the commanding officer shall investigate and submit a full report to the officer commanding the command or the area commander.

(2) Upon receipt of a report made under (1) of this article the officer commanding the command or the area commander may:

(a) order a summary investigation; or

(b) convene or order the convening of a board of inquiry.

[p.114]

(3) A summary investigation or board of inquiry held on a missing officer or man shall make findings as to:

(a) the circumstances in which the officer or man is missing; and

(b) whether it is considered that the officer or man is dead, and, if so, the probable date of death.

21.42—NOT ALLOCATED

21.43—INVESTIGATION OF ILLEGAL ABSENCE

(1) The commanding officer shall investigate the illegal absence of an officer or man as soon as practicable after the expiration of twenty-one full days from the date of commencement of the absence. (See Article 1.09 "Calculation of Time".)

(2) The investigation shall determine:

(a) the date and hour of the commencement of the illegal absence;

(b) whether the officer or man has returned between that date and the date on which investigation is held;

(c) whether the officer or man is still absent; and

(d) the items of personal equipment which the officer or man left at the unit, or ship and which have been impounded.

(3) When it is determined that the officer or man absented himself without authority, and is still so absent after twenty-one full days, the commanding officer shall make an appropriate entry in unit orders showing the findings determined under (2) (a), (b) and (c) of this article.

21.44—INVESTIGATION ON AN OFFICER OR MAN MISSING DUE TO ENEMY ACTION

The commanding officer shall order a summary investigation when an officer or man is missing due to enemy action, and report the results of the investigation in the manner prescribed by the Chief of Defence Staff.

21.45—NOT ALLOCATED

Section 6—Personal Injuries and Death

21.46—INVESTIGATION OF INJURY AND DEATH

(1) This article shall apply to an officer or man of:

(a) the Regular Armed Forces; and

(b) the Reserves when he is on duty.

[p.115]

(2) The commanding officer shall order a summary investigation or convene a board of inquiry when an officer or man dies otherwise than as a result of wounds received in action.

(3) The commanding officer shall order a summary investigation or convene a board of inquiry when an officer or man suffers an injury which:

(a) a medical officer certifies to be

(i) serious, or

(ii) likely to cause a permanent disability; or

(b) is suspected to be the result of his own wilful act.

(4) A report of a summary investigation ordered under (2) or (3) of this article shall be submitted to higher authority in the same manner as the record of proceedings of a board or inquiry.

21.47—FINDINGS ON INJURY OR DEATH

The report of a summary investigation or the record of proceedings of a board of inquiry submitted in accordance with Article 21.46 shall contain findings as to:

(a) the cause of the injury or death;

(b) whether the deceased or injured officer or man was on duty at the time of the injury or death;

(c) whether the deceased or injured officer or man or any other person was to blame for the injury or death; and

(d) whether the injury or death was attributable to military service as such.

21.48—CLAIMS FOR COMPENSATION ARISING FROM INJURY OR DEATH

When a summary investigation or board of inquiry finds that an officer or man was killed or injured through the fault of some other person, it shall record whether the officer or man, or his personal representative, has;

(a) received; or

(b) been offered; or

(c) claimed, or intends to claim;

compensation from the person at fault.

21.49 AND 21.50—NOT ALLOCATED

[p.116]

Section 7—Accidents Involving Service Vehicles

21.51—CONVENING OF BOARDS OF INQUIRY ON ACCIDENT INVOLVING MOBILE EQUIPMENT

Subject to Article 21.71 (Loss of or Damage to Public Property) when mobile equipment is involved in an accident the commanding officer may order a summary investigation or convene a board of inquiry. (See Article 21.08—Composition of Boards of Inquiry".)

21.52 TO 21.54—INCLUSIVE: NOT ALLOCATED

Section 8—Aircraft Accidents

21.55—DEFINITION OF "AIRCRAFT ACCIDENT"

Aircraft accident" means an event involving an aircraft that is not caused by enemy action and that occurs:

(a) between the time the engine is started with an intent for flight and the time the aircraft comes to rest with the engine stopped for normal deplaning, and that results in damage to any portion of the airframe (air accident); or

(b) at any time when there is no intent for flight and that results in damage to any portion of the aircraft, or death or injuries to personnel, or damage, or death or injuries to property (ground accident).

21.56—INVESTIGATION OF AIRCRAFT ACCIDENTS

(1) When an aircraft accident occurs the commanding officer shall report it in accordance with orders issued by the Air Force Commander.

(2) The Air Force Commander shall convene a board of inquiry to investigate in aircraft accident when:

(a) a person is killed or seriously injured; or

(b) there is evidence of neglect or default involving the loss of or damage to an aircraft.

(3) The commanding officer shall convene a board of inquiry to investigate an aircraft accident when the cause of the accident is obscure.

21.57—FINDINGS REQUIRED BY A BOARD OF INQUIRY ON AN AIRCRAFT ACCIDENT

A board of inquiry convened to investigate an aircraft accident shall make findings:

(a) is to the cause of the accident;

(b) as to whether all flying and aircraft maintenance orders were complied with; and

(c) if an officer or man was killed or injured in the accident, in accordance with Article 21.47 (Findings on Injury or Death).

[p.117]

21.58 TO 21.60—INCLUSIVE: NOT ALLOCATED

Section 9—Fire, Explosion or Similar Occurrence

21.61—INVESTIGATION OF A FIRE

(1) When a fire, explosion or similar occurrence damages or destroys public/non-public property, the commanding officer shall report it immediately to the officer commanding the command or the area commander (see Article 30.05—"Reporting a Fire").

(2) When a report under (1) of this article is received, the officer commanding the command or the area commander may:

(a) order a summary investigation; or

(b) convene or order the convening of a board of inquiry.

21.62—PROCEEDINGS OF INVESTIGATION OF A FIRE

The report of a summary investigation or the record of proceedings of a board of inquiry inquiring into a fire shall include:

(a) copies of fire orders and any special fire instructions in effect at the time of the fire;

(b) a list of the property destroyed or damaged showing;

(i) the original cost.

(ii) the estimated depreciation, and

(iii) the estimated cost of repairs and replacements;

(c) a sketch or plan and, when practical, photographs of any building involved in the fire, and the immediate locality; and

(d) any other relevant documents produced.

21.63—FINDINGS AND RECOMMENDATIONS ON A FIRE

A summary investigation or board of inquiry inquiring into a fire shall:

(a) make findings as prescribed in orders issued by the Chief of Defence Staff; and

(b) when appropriate, make recommendations for the

(i) improvement of existing fire precautions, and

(ii) prevention of future fires.

21.64—EXPLOSION OR SIMILAR OCCURRENCE

A summary investigation or board of inquiry into an explosion or similar occurrence shall comply as far as practicable with Articles 21.62 and 21.63.

21.65 TO 21.70—INCLUSIVE: NOT ALLOCATED

[p.118]

Section 10—Public or Non-Public Property

21.71—LOSS OF OR DAMAGE TO PUBLIC PROPERTY

(1) This article shall not apply when an investigation involves:

(a) an aircraft accident; or

(b) a fire, explosion or similar occurrence; or

(c) a claim by or against the State.

(2) When public property is lost, stolen, damaged or destroyed otherwise than by enemy action or by efforts to avoid enemy action, the commanding officer shall report it immediately to the officer commanding the command or the area commander unless it is within his powers to write-off the loss (see Articles 29.07 —"Powers of Write-off—Works and Buildings" and 36.20—"Powers of Write-off—Material"); or

(3) When a report submitted under (2) of this Article is received, the officer commanding the command or the area commander may:

(a) order a summary investigation; or

(b) convene or order the convening of a board of inquiry.

21.72—LOSS OF OR DAMAGE TO NON-PUBLIC PROPERTY

(1) Subject to Section 9 (Fire, Explosion or Similar Occurrence) when a loss of or damage to non-public property is discovered the commanding officer shall, make a complete report to the officer commanding the command or the area commander.

(2) When a report made under (1) of this article is received, the officer commanding the command or the area commander may:

(a) order a summary investigation; or

(b) convene or order the covening of a board of inquiry.

21.73—INVESTIGATION INTO LOSS OR DAMAGE DUE TO A CRIMINAL OFFENCE

(1) In addition to action taken under Article 21.71 or 21.72, when loss of or damage to public or non-public property is suspected to be the result of a criminal offence, action shall be taken in accordance with orders issued by the Chief of Defence Staff.

(2) When a civilian who is not subject to the Code of Service Discipline is suspected of implication in theft or other offence involving loss of or damage to public or non-public property, the commanding officer shall:

(a) immediately inform the civil police authorities; and

(b) leave to the police or other civil authorities any questioning of the suspected civilian.

21.74—NOT ALLOCATED

[p.119]

21.75—CONVENING OF A BOARD OF INQUIRY ON MISSING CLASSIFIED MATERIAL

When any material classified higher than Restricted is missing, the commanding officer shall immediately inform the officer commanding the command or the area commander and order an investigation in accordance with instructions issued by the Chief of Defence Staff.

Section 11—Joint Boards of Inquiry

21.76—PROCEDURE FOR A JOINT BOARD OF INQUIRY

Except as provided in Articles 21.77 and 21.78, the provisions of this chapter which apply to a board of inquiry shall apply to a joint board of inquiry.

21.77—CONVENING OF A JOINT BOARD OF INQUIRY

A joint board of inquiry may be convened to investigate an incident involving personnel or property of more than one service and shall—

(a) be convened by the appropriate convening authority of the Services involved, by agreement between the Services concerned; and

(b) be composed of any combination of officers from the Services concerned.

21.78—PROCEDURE ON COMPLETION OF A JOINT BOARD OF INQUIRY

(1) The requisite number of copies of the record of proceedings of a joint board of inquiry shall be completed for each Service involved and transmitted to the convening authority.

(2) The convening authority shall—

(a) obtain and append to the record of proceedings the comments of the commanding officer of each of the other service formations or units involved regarding the findings and recommendations of the joint board of inquiry; and

(b) then append to the record of proceedings his concurrence in or opinion of the findings and recommendations and forward the required number of copies of the record of proceedings of the joint board of inquiry to his superior headquarters through normal channels.

(3) The superior headquarters shall as appropriate either—

(a) approve the board of inquiry and forward the required number of copies to the headquarters of each service concerned; or

(b) forward the required number of copies to its headquarters for approval.

[p.120]

(4) When the Service headquarters has completed the necessary action, an information copy shall be forwarded to the headquarters of each other Service concerned.

21.79 TO 21.99—INCLUSIVE: NOT ALLOCATED

[p.121]

CHAPTER 22—PROVOST SERVICES

22.01—APPOINTMENT OF PROVOST OFFICERS

(1) The Chief of Defence Staff may appoint—

(a) an officer as Provost Marshal of the Armed Forces; and

(b) an officer as Deputy Provost Marshal; and

(c) additional officers to be employed on Service police duties.

(2) The method of appointment under (1) of this article shall be by transferring or posting the officer concerned to an appropriate established position.

22.02—POWERS OF SPECIALLY APPOINTED PERSONNEL

(1) Under section 59 of the Armed Forces Act, 1962 "such officers and men as are appointed under regulations for the purposes of this section may:

(a) detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the rank or status of the person, who has committed, is found committing, is suspected of being about to commit, or is suspected of or charged under this Act with, having committed a service offence; and

(b) exercise such other powers for carrying out the Code of Service Discipline as may be prescribed".

(2) Every officer appointed under Article 22.01 and every man employed on Armed Forces provost duties, may be referred to as a provost officer or provost them and is appointed for the purposes of section 59 of the Armed Forces Act, 1962.

(3) An officer or man specified in (2) of this article may, subject to (4) and (5) of this article, search the personal equipment and belongings or the person of any person who is subject to the Code of Service Discipline when that person has committed, is found committing, is suspected of being about to commit, or suspected of or charged with having committed, a service offence.

(4) A search under (3) of this article shall, when practical, be conducted under the direction and in the presence of an officer.

(5) No female person shall be searched except by a female.

22.03—RESPONSIBILITIES OF PROVOST OFFICERS

The responsibilities of officer, appointed under Article 22.01 shall be as prescribed by the Chief of Defence Staff.

22.04 TO 22.99—INCLUSIVE: NOT ALLOCATED

[p.122-124]

CHAPTER 23—NOT ALLOCATED

[P.125]

CHAPTER 24—CASUALTIES AND FUNERALS

Section 1—Casualties

24.01—REPORTING OF CASUALTIES

The reporting of casualties shall be as prescribed by the Chief of Defence Staff.

24.02—PRESS RELEASE REGARDING CASUALTIES

The commanding officer of a station unit or ship at which a serious accident occurs or to which a serious accident is reported may issue a brief conservative statement to the press, but shall ensure that:

(a) the accident is not exaggerated in any way; and

(b) where practicable the names of persons involved are withheld until every practical effort has been made to notify the next of kin.

24.03 TO 24.14—INCLUSIVE: NOT ALLOCATED

Section 2—Funerals

24.15—ENTITLEMENT TO MILITARY FUNERALS

If the next of kin so desires, a military funeral:

(a) shall, when practical, be accorded to—

(i) a deceased officer or man of the Regular Armed Forces,

(ii) an officer or man of the Reserves who dies while performing continuous duty; and

(b) may, with the prior approval of the officer commanding a command or formation be accorded to,

(i) a deceased officer or man of the Reserves who does not come within the provision of (a) of this article, and

(ii) a deceased former officer or man.

24.16—PARTICIPATION IN MILITARY FUNERALS

If the exigencies of the service permit, the officer commanding a command or formation may authorise participation in:

(a) a military funeral accorded by another Service of the Armed Forces to a member or former member of that Service; and

(b) with the prior approval of the Chief of Defence Staff, a military funeral other than that prescribed in (a) of this article.

24.17—PLACE OF BURIAL

(1) When an officer or man dies in Ghana, burial shall be:

(a) in any place in Ghana designated by the next of kin,

(b) in a place designated by the Chief of Defence Staff,

(i) if direction cannot be obtained from the next of kin, or

[p.126]

(ii) when the circumstances surrounding the death prohibit the removal of the remains of the deceased.

(2) When an officer or man dies outside Ghana burial shall be in a place designated by the Chief of Defence Staff.

(3) The remains of an officer or man buried in a place designated under (2) of this article shall not be brought to Ghana at public expense at the request of relatives.

24.18—TRANSPORTATION OF DECEASED

When an officer or man is to be buried at a place other than that where his death occurred, an officer or man, when practical of a rank not lower than that of the deceased, shall accompany the remains to the place of burial.

24.19—DEATH OF DEPENDANTS ABROAD

(1) Subject to (2) of this article, when a dependant who accompanies an officer or man serving abroad dies, the remains may be buried in a burial plot in a military cemetery abroad in which deceased officers or men are buried.

(2) The transportation, funeral and burial of the remains of a dependant mentioned in (I) of this article shall not involve expense to the public.

24.20—POST-MORTEM EXAMINATION

(1) This article applies in respect of the death of—

(a) an officer or man of the Regular Armed Forces in Ghana or outside Ghana;

(b) an officer or man of the Reserves during any period of continuous duty in Ghana or outside Ghana;

(c) a dependant of an officer or man mentioned in (a) and (b) of this paragraph, who accompanies the officer or man serving outside Ghana;

(d) a person who is neither an officer nor a man but who is subject to the Code of Service Discipline in Ghana or outside Ghana; and

(e) a person who is neither an officer nor man, but whose death occurred—

(i) while he was under the care of a service medical officer, or

(ii) while he was receiving treatment at a service medical facility or unit.

(2) Subject to (3) and (5) of this article, a post-mortem examination for the purpose of investigation into the cause of a death, may be ordered by:

(i) The President;

(b) the Chief of Defence Staff or a Service Commander;

[p.127]

(c) any other officer that the Chief of Defence Staff may prescribe or appoint for that purpose.

(3) A post-mortem examination ordered under (2) of this article shall be conducted by a civilian medical practitioner duly qualified to practise in the place where the examination is to be held, or by a Service medical officer.

(4) An order directing a post-mortem examination shall include the name of the civilian medical practitioner or the name and unit of the Service medical officer responsible for the conduct of the post-mortem examination.

(5) No order shall be made under this article directing a post-mortem examination to be held in a country outside Ghana where the laws of that country would preclude compliance with such an order.

Section 3—Military Funerals

24.21—A military funeral may be accorded to an officer or man buried in the district or garrison in which he was serving at the time of death.

24.22—An officer will not be buried with military honours unless he was, at the time of his death, holding an official military appointment. Honours will not be paid officially at the funerals of other officers or discharged soldiers, except otherwise directed by the Chief of Defence Staff, provided that no public expense is incurred.

24.23—(1) Military funerals will be saluted as follows except where the religion of the deceased forbids the use of firearms:

Major-General and above             . .                   . .                 . .     13 guns

All other officers and other ranks  . .                   . .                 . .   3 volleys small arms

(2) Escorts

The escorts will not exceed the following numbers—

Major-General and above             . .                   . .                 . .              1,500

Brigadier                  . .                   . .                  . .                 . .              1,200

Colonel                     . .                   . .                  . .                . .              1,000

Lieutenant-Colonel in command    . .                  . .     His own battalion or equivalent

Lieutenant-Colonel (other than those in command)                  . .      300

Major     . .                 . .                  . .                   . .                . .             200

Captain  . .                 . .                  . .                   . .                . .              100

Subaltern                   . .                  . .                   . .                . .                60

Warrant officer          . .                  . .                   . .                . .                30

Other Rank                . .                  . .                   . .                . .                15

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24.24—At the funeral of an officer, warrant officer or man the pall will be supported by officers, warrant officers or men of the same rank as that held by the deceased or, if sufficient number of that rank cannot be obtained, by such officers, warrant officers or servicemen as the Chief of Defence Staff may direct.

24.25—In addition to the firing party and escort, subject to Article 24.22, the military funeral of an officer will be attended by the officers, that of a warrant officer by the warrant officers, that of a sergeant by the sergeants, and that of a corporal by the corporals of the unit to which the deceased belonged.

24.26 TO 24.99—INCLUSIVE: NOT ALLOCATED

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CHAPTER 25—SERVICE ESTATES AND PERSONAL BELONGINGS

Section 1—Service Estates

25.01—GENERAL

The service estates of officers and men who die during their service in the Armed Forces may be collected, administered and distributed in whole or in part in accordance with A.F.R.

25.02—APPLICATION AND DEFINITIONS.

(1) The provision is of this chapter shall apply in respect of an officer or man of—

(a) the Regular Armed Forces;

(b) the Reserves when he is performing continuous duty.

(2) For the purposes of this chapter:

(a) "Service estate" has the same meaning as in section 98 of The Armed     Forces Act, 1962; and

(b) "net assets" means the assets of a Service estate remaining after payment of any preferential charges prescribed in Article 25.04—(Preferential Charges against a Service estate).

25.03—DIRECTOR OF ESTATES

(1) The Chief of Defence Staff shall appoint an officer of the Armed Forces to be Director of Estates

(2) The Director of Estates shall, in the exercise of his powers, duties, and functions under these Regulations, to the exclusion of all other authorities and persons, have the same rights and powers in respect of a service estate as if he had been appointed an executor or administrator of that estate by a court of competent jurisdiction.

25.04—PREFERENTIAL CHARGES AGAINST A SERVICE ESTATE

(1) Preferential charges against a service estate shall be—

(a) sums due for quarters;

(b) unpaid non-public accounts;

(c) sums due for material; and

(d) a debit balance in the pay account.

(2) The Director of Estates shall pay the charges prescribed in (1) of this article in the order shown and in preference to all other claims.

(3) The decision of the Chief of Defence Staff shall be final and binding when any question arises in relation to the payment or disposition of any preferential charge.

[p.130]

25.05-ADMINISTRATION OF SERVICE ESTATES

(1) Subject to (2) of this Article, the Director of Estates shall administer service estate and—

(a) when an executor or administrator has been appointed by a court of competent jurisdiction, the Director of Estates shall cause to be delivered over to that executor or administrator, the net assets of the service estate in his possession;

(b) when no executor or administrator has been appointed by a court of competent jurisdiction, the Director of Estates shall, subject to any order made by a court of competent jurisdiction, cause to be distributed the net assets of the service estate in accordance with the will of the deceased officer or man, or, in accordance with the applicable law of intestate succession subject to Article 25.06 and in either case without regard to any debts of or claims against the estate except:

(i) those preferential charges prescribed in Article 25.04 (Preferential Charges against a service estate); and

(ii) any debts incurred in the country (other than Ghana) in which the deceased officer or man died and owing to a person not a member of the Armed Forces, when, under the law of that country or under an international agreement effective under Ghanaian law disposal of personal property situated in such country and forming part of the service estate of such officer or man cannot be effected until such debts are settled.

(2) The Chief of Defence Staff may prescribe the procedure to be adopted and issue such directions as may be necessary for the administration of service estates and to give effect to this Article.

25.06—DISTRIBUTION OF ORDERS, DECORATIONS AND MEDALS

When an officer or man dies intestate the Director of Estates may, without regard to the law of intestate succession of the domicile of the deceased officer or man, distribute any order, decoration or medal to such person or persons as he thinks best qualified in the circumstances to receive them, but normally in the following order of preference

(a) surviving sons (preferably the eldest); or

(b) where he has no sons or the sons by their character have proved themselves unworthy of such honour, to the eldest surviving brother of the whole blood or the eldest paternal half brother or to the eldest son of such brother of the whole blood or such paternal half brother.

25.07—RIGHT OF CLAIM AGAINST SERVICE ESTATES

No person shall have any claim as of right against a service estate.

[p.131]

25.08—COMPLIANCE WITH REGULATIONS

Compliance with these Regulations in respect of the administration of a service estate shall discharge the Chief of Defence Staff, the Director of Estates or any other person complying therewith, from all liability by reason of any assets in his hands having been paid, transmitted or retransmitted or otherwise dealt with in accordance therewith.

25.09—COMMITTEE OF ADJUSTMENT TO DEAL WITH A SERVICE ESTATE

(i) When an officer or man dies the commanding officer shall appoint a committee of adjustment to deal with the estate.

(2) A committee of adjustment appointed under (1) of this article shall—

(a) be constituted and proceed as prescribed by the Chief of Defence Staff; and

(b) collect, inventory, and safeguard the service estates; and

(c) forward a copy of its proceedings direct to the Director of Estates; and

(d) dispose of the service estate as directed by the Director of Estates.

25.10 TO 25.15—INCLUSIVE: NOT ALLOCATED

Section 2—Disposal of Personal Belongings

            25.16—COMMITTEE OF ADJUSTMENT TO DEAL WITH PERSONAL BELONGINGS

            (1) For the purposes of this section "personal belongings" means—

(a) personal equipment that an officer or man is, under regulations, permitted to retain on release; and

(b) personal belongings, including cash, found in camp, quarters or otherwise in the care or custody of the Armed Forces.

(2) When an officer or man is missing or is released with unsound mind, the commanding officer shall appoint a committee of adjustment to deal with the officer's or man's personal belongings that are not in the care or custody of his next of kin.

25.17—PERSONAL BELONGINGS OF A MISSING OFFICER OR MAN

A committee of adjustment appointed under Article 25.16 to deal with the personal belongings of an officer or man who is missing shall—

(a) be constituted and proceed as prescribed by the Chief of Defence Staff;

(b) collect, inventory, and safeguard the personal belongings not in the care or custody of the next of kin;

(c) forward a copy of its proceedings direct to the Director of Estates; and

(d) dispose of the personal belongings mentioned in (b) of this article as directed by the Director of Estates.

[p.132]

25.18—PERSONAL BELONGINGS OF AN OFFICER OR MAN RELEASED WITH UNSOUND MIND

A committee of adjustment appointed under Article 25.16—(Committee of Adjustment to deal with Personal Belongings) of an officer or man released with unsound mind shall—

(a) be constituted and proceed as prescribed by the Chief of Defence Staff;

(b) collect, inventory, and safeguard the personal belongings not in the care or custody of the next of kin.

25.19—AN OFFICER OR MAN COMMITTED TO IMPRISONMENT OR DETENTION

(1) When an officer or man is sentenced to imprisonment or detention, on the expiration of which sentence he will not be returned to his unit, he shall be informed by his commanding officer that the Armed Forces are not responsible for the custody of his personal belongings.

(2) The commanding officer shall require the officer or man to make private arrangements for the custody or disposal of his personal belongings which are not sent with him to prison or detention barracks.

25.20—ABSENTEES AND DESERTERS

(1) The personal belongings of an officer or man who is absent without leave, that are found in camp, quarters or otherwise in the care or custody of the Armed Forces shall be disposed of in accordance with (2), (3) or (4) of this article.

(2) The commanding officer shall ensure that the personal belongings not in the care or custody of the next of kin, which are left behind at a station, unit or ship by an officer or man who is absent without leave are placed in safe custody and an inventory is taken.

(3) When an officer or man absent without leave surrenders himself or is apprehended within one year from the date of commencement of his absence his personal belongings shall be returned to him.

(4) When an officer or man absent without leave has not surrendered or been apprehended within one year from the date of commencement of his absence, the personal belongings held in safe custody by the Armed Forces shall be forwarded to his next of kin. If the next of kin is not known, instructions shall be requested from superior headquarters and the Chief of Defence Staff may direct that the personal belongings be sold, destroyed or otherwise disposed of.

25.21—PERSONAL BELONGINGS UNCLAIMED

Personal belongings left unclaimed at any garrison, station, unit or ship or in any vehicle or aircraft shall be disposed of in accordance with orders issued by the Chief of Defence Staff.

[p.133]

25.22 TO 25.30—INCLUSIVE: NOT ALLOCATED

Section 3—Loss of or Damage to Private Property and Personal Belongings

25.31—INSURING OF PRIVATE PROPERTY AND PERSONAL BELONGINGS

The Armed Forces do not assume any responsibility for the loss of or damage to the private property and personal belongings of an officer or man resulting from fire, theft or other causes except as provided for in A.F.R. Loss of life or damage attributable to the ordinary risks of civil life are the responsibility of the officer or man concerned and all officers and men are advised to insure their private property and personal belongings against these hazards.

25.32 TO 25.99—INCLUSIVE: NOT ALLOCATED

[p.135]

CHAPTER 26—PERSONAL RECORDS AND DOCUMENTS

Section 1—General

26.01—SERVICE RECORDS

(1) Service records shall be prepared and maintained for every officer and man as prescribed by the Chief of Defence Staff, and a Chief of Staff in respect of his service.

(2) The enrolment forms of an officer or man together with any personal documents prescribed by the Chief of Defence Staff or a Service Commander shall be included in the Service records.

26.02—DOMESTIC EVENTS AFFECTING PENSION, ANNUITY OR PAY AND ALLOWANCES

(1) When any domestic event occurs which may affect his pension, annuity or pay and allowances, an officer or man shall submit to his commanding officer evidence of the event in writing.

(2) When documentary evidence of the event is available, the original document or a notarial or photostatic copy shall be submitted to the commanding officer.

(3) The commanding officer shall:

(a) make appropriate entries in unit orders; and

(b) forward documentary evidence, when available, to the respective Service Headquarters.

26.03—NOT ALLOCATED

26.04—SERVICE NUMBERS

(1) An identifying service number shall be allotted to an officer or man:

(a) on enrolment; and

(b) on transfer to the Reserves.

(2) The service number of an officer or man allotted to him in;

(a) the Regular Armed Forces; or

(b) the Reserves;

shall be retained by him throughout his service in that component.

(3) The service number of an officer or man shall appear on all his service records.

26.05—IDENTIFICATION CARDS

An identification card in the form prescribed by the Chief of Defence Staff shall be given to an officer or man on enrolment.

26.06 AND 26.07-NOT ALLOCATED

[p.136]

Section 2—Personal Assessments

26.08—PERSONAL REPORTS AND ASSESSMENTS

(1) Routine and special personal reports and assessments shall be prepared and submitted at the times and in the manner prescribed by the Chief of Defence Staff or a Service Commander in respect of his own Service.

(2) An unfavourable report shall be read by the officer or man concerned who shall sign it.

26.09—RECOMMENDATION FOR PROMOTION

A recommendation as to the suitability of an officer or man for promotion shall be made at the times and in the manner prescribed by the Chief of Defence Staff or a Service Commander in respect of his own Service.

26.10—NOT ALLOCATED

26.11—ASSESSMENT OF SERVICE CONDUCT

(1) The service conduct of a man shall be assessed as:

(a) exemplary; or

(b) very good; or

(c) good; or

(d) fair; or

(e) indifferent; or

(f) bad.

(2) An assessment of service conduct shall be determined by considering all available pertinent information and not solely by reference to the conduct  sheet of the man concerned.

26.12 to 26.15—INCLUSIVE: NOT ALLOCATED

Section 3—Certificates

26.16—SIGNATURE ON COMMISSION

(1) The President may cause his signature to be affixed to a commission granted to an officer of the Armed Forces by stamping the signature on the commission with a stamp approved by him and used for the purpose by his authority.

(2) A signature affixed in accordance with subsection (1) is as valid and effectual as if it were in the handwriting of the President, and neither its authenticity nor the authority of the person by whom it was affixed shall be called in question except on behalf of the President.

26.17—COMMISSION PARCHMENT

The name of a person shall be submitted to the President with a request for the issuance of a commission parchment when the person is:

(a) enrolled in the Armed Forces in; or

(b) promoted to the rank of 2nd Lieutenant or Acting Sub-lieutenant.

[p.137]

26.18—HONORARY RANK PARCHMENT

The name of a person who is granted honorary rank under Article 3.09 shall be submitted to the President with a request for the issuance of the appropriate parchment.

26.19—WARRANT ON PROMOTION TO WARRANT OFFICER, CLASS ONE OR CHIEF PETTY OFFICER FIRST CLASS OR WARRANT OFFICER (AIR FORCE)

The name of a man shall be submitted to the Chief of Defence Staff with a request for the issuance of a warrant when the man has been promoted to the substantive rank of warrant officer, class I, or Chief Petty Officer first class or warrant officer (air force).

26.20—CERTIFICATE OF SERVICE

A certificate of service in the form prescribed by the Chief of Defence Staff shall be issued to an officer or man on release or on transfer to the Reserves from the Regular Armed Forces.

26.21—CERTIFICATE OF DEATH OR PRESUMPTION OF DEATH

(1) When an officer or man dies, the civil law governs the issuance of a death certificate.

(2) When an officer or man:—

(a) dies and no death certificate is issued by civil authorities; or

(b) is killed in action; or

(c) is missing,

a certificate of death may be issued by the Chief of Defence Staff, if in the opinion of the Chief of Defence Staff, or any other officer designated by him, there is conclusive proof that the officer or man is dead. (See Articles 21.41—"General" and 21.44—"Investigation on an Officer or Man Missing Due to Enemy Action".)

(3) When no conclusive proof that a missing officer or man is dead has been produced at the end of six months, the Chief of Defence Staff, or any other officer designated by him, shall make further inquiries of:

(a) the next of kin;

(b) the station, unit or ship of the missing officer or man; and

(c) any other likely source.

            (4) When:

(a) inquiries made under (3) of this article fail to produce information indicating that the missing officer or man may still be alive; and

(b) in the opinion of the Chief of Defence Staff, or any other officer designated by him, the circumstances surrounding the disappearance of the missing officer or man raise beyond reasonable doubt the presumption that he is dead;

a certificate of presumption of death may be issued by the Chief of Defence Staff.

[p.138]

(5) In a certificate of presumption of death the issuing authority shall:

(a) declare that the missing officer or man .is deemed to be dead; and

(b) state the date on which his death is presumed to have occurred.

26.22—SIGNING OF CERTIFICATES OF DEATH AND PRESUMPTION OF DEATH

(1) All certificates of death and presumption of death issued under Article 26.21 shall be signed personally by the Chief of Defence staff or any other officer designated by him for that purpose.

(2) When a certificate of presumption of death has been issued in respect of a missing officer or man, stating the date on which his death is presumed to have occurred, such officer or man shall henceforth, for the purposes of the Armed Forces Act, 1962 and the regulations made thereunder and in relation to his  status and service in the Armed Forces, be deemed to have died on that date.

26.23 TO 26.30—INCLUSIVE: NOT ALLOCATED

Section 4—Change of Name

26.31—CHANGE FROM AN ASSUMED NAME

(1) If an officer or man who has enrolled under an assumed name desires that his true name be shown on his service records and documents, a birth certificate (if any) and an affidavit and documentary evidence are required to substantiate his change of name.

(2) The commanding officer concerned shall forward the birth certificate (if any) and the affidavit or other documentary evidence of the true name or identity of the officer or man to his formation headquarters for confirmation that the documentary proof of change of name referred to in (1) of this article is acceptable. Upon notification of acceptability, the commanding officer shall publish an appropriate entry in unit orders. (See Article 26.34.)

26.32—CHANGE OF NAME THROUGH LEGAL PROCESS

(1) If an officer or man desires to change his true name for all purposes he shall do so at his own expense in accordance with the civil law applicable.

(2) When a change of true name has been effected under (1) of this article the commanding officer shall forward the court order or other document to his formation headquarters for confirmation that the documentary proof of change of name is acceptable. Upon notification of acceptability, the commanding officer shall publish an appropriate entry in unit orders. (See Article 26.34.)

[p.139]

26.33—CHANGE OF TRUE NAME FOR SERVICE PURPOSES

If he is on active service and, in the opinion of the Chief of Defence Staff, his true name might jeopardize his safety if known to the enemy, an officer or man may change his true name for Services purposes in such manner as the Chief of Defence Staff may prescribe.

26.34—CHANGE OF NAME IN SERVICE RECORDS

(1) The name under which an officer or man is enrolled in the Armed Forces shall not be erased from any of his personal records or documents.

(2) Upon notification to the commanding officer concerned of the acceptance of the documentary proof of change of name submitted under Article 26.31, the personal records and documents of the officer or man concerned shall be amended to record the new name. The old name shall be bracketed in all existing records and documents, but any new records or documents shall bear the new name exclusively.

26.35 TO 26.40—INCLUSIVE: NOT ALLOCATED.

Section 5—Conduct Sheets

26.41—CONDUCT SHEETS GENERALLY

(1) No conduct sheet shall be prepared for an officer until an entry is necessary. A conduct sheet shall be prepared for a man:

(a) of the Regular Armed Forces on enrolment; and

(b) of the Reserves when an entry is necessary.

(2) When an officer or man is re-enrolled in the Regular Armed Forces, the conduct sheet, if any, from his previous service shall be used. (See Article 26.44—"Destruction of Conduct Sheets".)

26.42—ENTRIES IN CONDUCT SHEETS

(1) Subject to (2) of this article, an entry shall be made in the conduct sheet of an officer or man only for:

(a) every conviction by a civil court for an offence, other than a minor traffic offence, committed after his enrolment. When the sentence of a civil court is a fine, the commanding officer shall refer the matter with his recommendations to his service headquarters, and no entry shall be made unless, in the opinion of the Service Commander concerned, the nature of the offence tends to bring discredit on the Armed Forces;

[p.140]

(b) every conviction of an officer or man by a court-martial, whether or not the sentence is wholly or partially remitted;

(c) every punishment imposed upon an officer or warrant officer by a superior commander under section sixty-four of the Armed Forces Act, 1962;

(d) the following punishments imposed upon a man at a summary trial,

(i) detention,

(ii) reduction in rank,

(iii) forfeiture of seniority,

(iv) severe reprimand or reprimand.

(v) fine,

(vi) stoppages,

(vii) confinement to barracks,

(viii) extra work and drill, and

(ix) unless the commanding officer otherwise directs, caution;

(e) every reversion of a warrant officer, chief petty officer, petty officer, non-commissioned officer or leading seaman to a lower rank consequent upon a conviction by the civil power but not a reversion in rank for inefficiency. (See Article 11.11—"Reversion and Remustering upon Conviction by the Civil Power");

(f) every punishment imposed by an appropriate authority on a Service prisoner or Service detainee for a breach of the rules or regulations governing the place where he is confined;

(g) every suspension of a sentence under A.F.R.;

(h) every suspended sentence which is subsequently put into execution or remitted; and

(i) every remission, commutation, or mitigation of a sentence, whether such sentence was awarded by court-martial or otherwise.

(2) An entry shall be made in the conduct sheet of an officer or man in respect of,

(a) any special act of gallantry or instance of distinguished conduct which has been brought to notice in command or other superior orders or in despatches; and

(b) any special commendation from the Chief of Defence Staff.

26.43—NOT ALLOCATED

[p.141]

26.44—DESTRUCTION OF CONDUCT SHEETS

(1) A conduct sheet which contains an entry of a fine N¢20.00 or less or a minor punishment shall be destroyed by an officer and subject to (2) of this article, a new conduct sheet containing all other entries prepared and signed by an officer:

(a) on completion of

(i) six months' service from the date of enrolment, and

(ii) each subsequent period of one year during which no entry has been made;

(b) on promotion to the rank of sergeant or petty officer;

(c) on promotion to a commissioned rank; and

(d) on re-enrolment.

(2) When an officer or man attains the age of eighteen years, his conduct sheet shall be destroyed by an officer and a new conduct sheet prepared and signed by an officer. Only those entries made pursuant to Article 26.42 (2) or showing a conviction by the civil power shall be transcribed to the new conduct sheet.

26.45—LOSS OF A CONDUCT SHEET

If a conduct sheet is lost, the commanding officer shall ensure that a duplicate, containing as far as practicable all entries which were on the lost sheet, is prepared and marked "substituted for original" over his signature.

26.46—ALTERATION OF ENTRIES IN A CONDUCT SHEET

No entry in a conduct sheet shall be altered or expunged except:

(a) when, upon review of a punishment or sentence, the reviewing officer orders the entry to be altered or expunged; or

(b) on the direction of the commanding officer when

(i) an entry has been made in error, or

(ii) an entry contains an error.

26.47 TO 26.99—INCLUSIVE: NOT ALLOCATED

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CHAPTER 27—MESSING, INSTITUTES, CANTEENS AND CABINS

Section 1—Messing Officers

27.01—MEMBERSHIP OF OFFICERS MESSES

(1) Every officer of the Regular Forces serving, or on temporary duty, in a unit or ship shall be a member of the appropriate mess.

(2) Members of a mess shall be either full, affiliated or honorary members.

(3) The conditions of eligibility for mess membership are as follows—

(a) Full Members—

all officers of the Regular Forces serving, or on temporary duty, in a unit or ship;

(b) Affiliated Members—

(i) all officers of the Reserves serving, or on temporary duty, in a unit or ship,

(ii) Officers of the forces of foreign countries attached to the Armed Forces on duty, and

(iii) civilians of officer status serving with a unit or on temporary duty, in a unit or ship who have been invited by the mess committee, with the approval of the commanding officer, to become affiliated members of the mess;

(c) Honorary Members—

(i) retired officers of the Armed Forces,

(ii) civil government and police officers living in the neighbourhood or visiting the unit, and

(iii) important residents in the neighbourhood, who have been invited by the mess committee, with the approval of the commanding officer and the consent of a general meeting, to become honorary members of the mess.

(4) No woman shall be invited to become an honorary member of a mess.

(5) The list of honorary members and the periods for which mess privileges have been granted to such members shall be recorded in a book which shall be—

(a) kept in the mess for that purpose; and

(b) reviewed annually by the committee and submitted for the approval of the commanding officer.

27.02—DINING AND NON-DINING MEMBERS

Every officer, whether married or single, shall normally be a dining member of the mess. Married officers, or widowers living with or responsible for maintaining their children, wishing to become non-dining members may do so with the approval of the commanding officer. Non-dining members must also obtain permission from the commanding officer to become dining members.

[p.144]

27.03—PRIVILEGES

(1) Affiliated or honorary membership carries with it the privileges of membership subject to rules issued locally by the commanding officer.

(2) Only full members of the mess as defined in (3) (a) of Article 27.01 (Membership of Officers Messes), shall be eligible to be elected or appointed to the mess committee or sub-committees, to attend meetings, vote on mess matters, or serve the mess in any capacity.

27.04—ADMINISTRATION AND MANAGEMENT OF MESSES

(1) The Commanding Officer is ultimately responsible for the general discipline, tone and management of the mess and for ensuring that all rules laid down are observed. He shall personally ensure—

(a) that every six months a Committee of Management is appointed as laid down in (2) of this article and that the members of the committee receive orders in writing defining their responsibilities and duties;

(b) that records are kept of any special instructions given by him for the management of the mess;

(c) that the daily wine and charges book is examined and initialled weekly by him;

(d) that general mess meetings are held at regular intervals, which all officers shall be ordered to attend and at which opportunity shall be given to officers for matters relating to the management and finances of the mess to be proposed and discussed;

(e) that any tendency for dining members, particularly those of junior rank, to dine out of mess too frequently, is checked; and

(f) that local rules relating to the operation and conduct of the mess are established and made available to the members.

(2) The Committee of Management shall consist of—

(a) the President of the Mess Committee, who shall be appointed by the commanding officer and shall be the senior member of the committee (but see Article 27.15—"President of the Wardroom and Mess Committee"). The duties of the President of the Committee of Management shall be as prescribed by the commanding officer and  shall include responsibility for,

(i) the proper management of the mess, its general discipline, business and accounts,

(ii) the work of mess committees and staff,

(iii) the close supervision of the activities of all departments of the mess, and

(iv) the issuing of written instructions to each member of the Committee of Management specifying his specific duties and responsibilities;

[p.145]

(b) the Secretary and Treasurer, who shall be appointed by a majority of the votes of those present at a general mess meeting, but in the event of a Secretary and Treasurer not being appointed as aforesaid, the commanding officer may nominate an officer to discharge the duties of the Secretary and Treasurer until an appointment is made as aforesaid. The duties of the Secretary and Treasurer, who shall be responsible to the President, shall be—

(i) to ensure the correctness of the accounts of the mess,

(ii) the safe custody, receipt and proper disbursement of moneys entrusted to and administered by him on behalf of the mess, and

(iii) the custody of the key of the safe or other place in which mess money and valuables are kept;

(c) the Bar Officer, who shall be appointed by a majority of the votes of those present at a general mess meeting. He shall be responsible for the efficient working of the bar and for the provisioning and safe custody of bar cellar stocks; and

(d) the officer-in-charge of messing, who shall be appointed by a majority of the votes of those present at a general mess meeting. He shall be responsible for—

(1) the efficiency of the mess stewards and kitchen staff and, in             particular, the standard of messing,

(ii) the keeping of a daily running record of messing income and expenditure.

(3) A record shall be kept of the minutes of all mess and messing committee meetings. The decisions contained in the minutes shall be considered final until approved by the commanding officer.

27.05—SUBSCRIPTIONS AND CONTRIBUTIONS

(1) Every officer on the strength of, or attached to, a unit or ship, whether present or absent, shall pay a monthly subscription to defray the ordinary expenditure of the mess. The rate, which shall be fixed by the mess committee, and approved by the commanding officer, shall not exceed one-half of one day's basic pay. Basic pay for this purpose shall be regarded as the initial rate for the rank, excluding any incremental, additional, qualification, flying or other pay.

(2) In addition to the monthly subscription, a maintenance contribution may be levied, if considered necessary, and which should not exceed a flat rate of N¢2.00. If a maintenance contribution is levied it shall be reviewed from time to time.

(3) Apart from monthly mess subscriptions and maintenance contributions, the only regular charges that may be levied on all members, by the vote of a general [p.146] mess meeting and subject to the commanding officer's approval, shall be—

(a) charges for guests,

(b) charges for extra messing,

(c) charges for entertainments,

(d) sports subscriptions to mess funds, and

(e) charges for mess contributions to unit sports fund.

(4) During the attachment to another unit the subscriptions and contributions of officers so attached shall be paid to the mess of that unit and not to their own. When an officer is attached to another unit for less than seven days the full monthly subscription is to be charged by his parent mess. For periods of seven days or more the charges shall be divided on a pro rata basis between each mess. An officer shall not be liable to pay more than one month's subscription in any one month. If a mess is not available during a period of attachment, no subscription shall be paid during the period.

(5) The subscriptions, contributions, charges and extra charges for messing, casual meals and refreshments shall be published in the rules for officer's mess in each unit or ship. The prices of other articles of food, liquor, etc., which may be bought from the mess by members shall be made available in the mess.

(6) Affiliated members of messes shall pay subscriptions and contributions at such rates as may be fixed by the mess committee and approved by the commanding officer.

27.06—MEMBERS ACCOUNTS

(1) An account for every member of the Mess shall be kept in the daily charges book showing the daily charges incurred in the mess with a cumulative total for each day of the month. It shall be available at certain hours daily for scrutiny by officers and shall be examined and initialled weekly by the commanding officer.

(2) Members accounts shall be presented monthly, if possible on the first day of the month succeeding that to which the account refers.

(3) Officer's private accounts with tradesmen or others shall not be paid through mess accounts and charged on mess bills.

27.07—PAYMENT OF MESS BILLS

(1) Every officer shall pay his previous month's mess bill on or before the 10th day of each month and the president of the mess committee shall report, in writing to the commanding officer the name of any officer who fails to do so.

(2) When a mess account owed by an officer is overdue the commanding officer may order that the officer concerned shall be subject to an administrative deduction in an amount sufficient to pay the account in full.

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27.08 TO 27.10—INCLUSIVE: NOT ALLOCATED

27.11—MESSING OF OFFICERS IN SHIPS AND FLEET ESTABLISHMENTS

(1) Flag officers and commodores shall keep a separate table at which the flag Captain, secretary and flag lieutenant shall be messed.

(2) Officers in command of the rank of lieutenant-commander and above, except flag captains, shall keep a separate table provided that space furniture permit.

(3) All other officers shall mess in the wardroom mess.

27.12 AND 27.13—NOT ALLOCATED

27.14—OFFICERS JOINING MESS—NAVY

(1) All officers appointed to a ship or fleet establishment shall join the mess to which they belong under Article 27.11.

(2) All other officers who are supernumerary or temporarily appointed to a ship or fleet establishment shall not be subject to payment of mess entrance fee but shall be charged mess subscription at a rate not greater than that paid by other full members of the mess.

27.15—PRESIDENT OF THE WARDROOM AND MESS COMMITTEE

(1) The Executive Officer shall be the president of both the wardroom and mess committee.

(2) Other members of the wardroom mess committee shall be appointed, as far as is practical, in accordance with Article 27.04 (2) (b), (c) and (d).

27.16—MESS ENTRANCE FEE—NAVY

Except as prescribed in (2) of Article 27.14, an officer upon joining a mess, may be charged a mess entrance fee not exceeding N¢10.00. This fee shall be returned to the officer concerned when he is appointed from the ship or fleet establishment.

27.17—RESPONSIBILITY OF SUPPLY OFFICER WHEN OFFICER VICTUALLED UNDER GENERAL MESS SYSTEM—NAVY

When officers are victualled under the general mess system, the Supply Officer's responsibilities shall not extend beyond those prescribed in A.F.R.

27.18 TO 27.22—INCLUSIVE—NOT ALLOCATED

Section 2—Messing—Men

27.23—MESSING

(1) As far as practicable warrant officers, chief petty officers, senior non-commissioned officers and petty officers shall be provided with messing, refreshment and recreation facilities separate from those provided for other men.

[p.148]

(2) In ships where more than one mess space is provided for chief petty officers and petty officers, the Captain shall allocate chief petty officers and petty officers to messes as he considers appropriate.

27.24—MESSMEN—NAVY

(1) Men shall be detailed as messmen to all messes allocated to men of the rank of chief petty officer and petty officer.

(2) Messmen shall be either able seamen or ordinary seamen.

27.25—CONDUCT OF WARRANT OFFICERS, SENIOR NON-COMMISSIONED OFFICERS, CHIEF PETTY OFFICERS AND PETTY OFFICERS MESSES

(1) Each warrant officers' and senior non-commissioned officers' mess and each chief petty officers' and petty officers' mess shall be regulated by a committee of three members and a secretary-treasurer, who shall be elected by the mess members, and a president who shall be appointed by the commanding officer.

(2) Mess rules shall be established for the operation of messes and shall be submitted to the commanding officer for approval.

(3) A record of the minutes of all mess and mess committee meetings shall be kept. The minutes shall be submitted to the commanding officer for approval. In respect of the Navy the minutes shall be submitted to the Captain for approval through the executive officers.

(4) All transactions shall be on a cash basis.

27.26 TO 27.30—INCLUSIVE: NOT ALLOCATED

Section 3—Mess Administration—General

27.31—MESS FUNDS

(1) The mess funds shall include the funds for—

(a) wine, beer and spirits;

(b) tobacco; and

(c) other subsidiary funds which may be run by the mess.

(2) Profits shall not be allowed to accumulate in the mess fund, but shall be used for the general good of the mess. Shares of profits shall not be made to individuals under any circumstances.

(3) The Armed Forces will not, under any circumstances, be responsible for, or contribute to the satisfaction of, any claim which may be made against messes for losses which may occur.

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27.32—INSURANCE

(1) All non-public property on the inventory of a mess shall be insured against loss or damage at the expense of the mess concerned.

(2) Supplies and merchandise shall be insured at their full cost value, all other assets on the inventory of a mess at a value not less than the last appraised value.

(3) A fidelity bond in an amount commensurate with the degree of risk incurred shall be secured at the expense of the mess concerned to cover each civilian whose duties involve—

(a) financial responsibility for the non-public property of a mess; or

(b) pledging of the credit of a mess.

27.33—AUDIT OF NON-PUBLIC PROPERTY ACCOUNTS

The accounts of non-public property shall be audited in the manner and at the intervals prescribed by the Chief of Defence Staff.

27.34—GANGWAY WINE BOOK—NAVY

(1) All duty-free wine, spirits, beer and tobacco, of any description or for any mess or person shall be entered in the Gangway Wine Book when received on board and also if disembarked.

(2) The Gangway Wine Book shall be produced for inspection by customs officers at their request.

27.35 TO 27.40—INCLUSIVE: NOT ALLOCATED

Section 4—Service Institutes

27.41—SERVICE INSTITUTES

(1) The service institute is a body organizing through a committee all activities at a unit level of a welfare and amenity nature for personnel below the rank of sergeant. It controls and administers the service institute fund which is the fund financing and accounting for all transactions relating to the recreation and other activities entered into for the collective benefit of men below the rank of segeant in a unit.

(2) The commanding officer shall encourage and develop the activities of the institute. In addition he shall be responsible for—

(a) the general control and administration of the service institute; and

(b) the proper application of the institute funds.

(3) The commanding officer shall appoint an officer, when practical not below the rank of major or squadron leader, to act as president of the service institute. When necessary a commanding officer shall appoint other officers to control and administer the subsidiary activities of the institute, under the direction of the president.

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Section 5—Canteens—Navy

27.42—DRY CANTEEN

(1) Except as prescribed in (2) of this article the Captain of each ship or naval establishment, other than harbour craft and tenders which do not go to sea regularly, shall establish a dry canteen in the ship or naval establishment.

(2) When he does not consider it advisable to authorize the establishment of a dry canteen, the Captain shall report his reasons to the senior officer in command.

27.43—WET CANTEEN

(1) Wet canteens shall not be established in ships.

(2) With the prior approval of the senior officer in command, a wet canteen may be opened in a naval establishment, in which case it shall be operated as a subsidiary of the dry canteen.

27.44—RESPONSIBILITY FOR OPERATION OF CANTEENS

(1) The Captain shall be responsible for the organization, operation and administration of the canteen

(2) The Supply Officer shall be responsible under the Captain for the actual operation of the canteen in accordance with the instructions prescribed.

(3) The Navy does not accept financial responsibility for canteens. The Captain shall ensure that this is understood by firms with whom the canteen conducts business.

27.45—OPERATION OF CANTEENS

(1) The canteen shall operate as a trading concern only.

(2) Items of material required in the operation of the canteen shall be—

(a) purchased out of the Canteen Fund;

(b) accounted for as assets of the Canteen Fund.

(See Article 27.55—“Disbursements of Ship's Fund".)

27.46—THE CANTEEN CAPITAL

(1) The canteen capital shall consist of the cash, stock and other assets of the canteen, less—

(a) any amount owing to the State as a result of an advance made under A.F.R., and

(b) amounts owing to other creditors.

(2) The canteen working capital shall not be allowed to increase beyond the mount necessary for the efficient operation of the canteen. In this regard—

(a) the balance of cash on hand and on deposit shall not exceed an amount equal to three months' sales; and

[p.151]

(b) no investments shall be made or held as part of the canteen capital.

(3) (a) After a canteen has been operating for one year, the Supply Officer shall determine from the year's operations the amount of working capital necessary to operate the canteen under normal conditions.

(b) Subject to (c) of this paragraph, the amount of working capital determined shall not be allowed to increase and all subsequent net profits shall be transferred to the Ship's Fund.

(c) In exceptional circumstances and with the approval of the Captain, an increase in working capital shall be made—

(i) by a cash transfer from the Ship's Fund, or

(ii) by retaining profits in the canteen instead of transferring them to the Ship's Fund.

27.47—PURCHASES OF CANTEEN STOCK

The Supply Officer—

(a) of a sea-going ship shall, except when authorized by the Captain to purchase on credit in special cases, make all purchases of canteen stock on a cash basis;

(b) of a shore establishment, may make purchases of canteen stock on a credit basis, settling accounts each month when practical.

27.48—SALES ON CREDIT

Credit sales shall only be made from the canteen—

(a) in exceptional circumstances; and

(b) with the written permission of the Captain.

27.49—CUSTOMS REGULATIONS

(1) Sea-going ships are allowed certain concessions in regard to acquiring canteen stores free of duty.

The Captain shall—

(a) ensure that the customs regulations are brought to the attention of every officer and man in the ship; and

(b) take every precaution to prevent breaches of the customs regulations.

(2) Subject to (3) of this article and to the approval of the Captain, the officer-in-charge of the canteen may purchase any articles for resale in the canteen to the ship's company for their personal use or consumption.

(3) (a) Articles purchased outside Ghana for sale in the canteen and which remain in stock on the ship's return to Ghana are subject to Ghanaian customs and excise duties.

[p.152]

(b) When any articles on which duty would be payable in accordance with (a) of this paragraph are purchased outside Ghana for sale in the canteen, and are not articles of food which will be consumed on board,

(i) a record of the quantities of such articles purchased shall be maintained,

(ii) the record shall be available for inspection by any customs officer who may come on board following arrival at a Ghanaian port,

(iii) on arrival of the ship at a Ghanaian port, a list of the articles remaining on board shall be made available for the customs, and

(iv) bonded supplies shall not be landed for sale.

(4) Sea-going ships may purchase cigarettes and tobacco in Ghana for sale in the ship's canteen free of excise taxes.

27.50—CANTEEN STAFF

(1) The operation of canteens and canteen accounts, shall as far as possible, be undertaken by men of the stores trade.

(2) (a) When sufficient men of the stores trade are not available, the Captain may authorize the employment of other personnel as canteen servers as follows:

(i) in sea-going ships, naval personnel who volunteer for this duty, and

(ii) in naval establishments, civilians.

(b) Any remuneration authorized for the servers described in (a) of this paragraph shall be paid from canteen funds.

(3) Naval or civilian servers shall not be employed in the canteen without the concurrence of the Supply Officer.

27.51—DISPOSITION OF CANTEEN FUNDS ON PAYING OFF

(1) When a ship or naval establishment is paid off, the stock of the canteen shall be disposed of by either—

(a) gift or sale to other ships or naval establishments; or

(b) sale to private persons or concerns.

(2) The proceeds of the sale of canteen stock shall be deposited as part of the canteen Fund.

(3) When any articles of merchandise sold under (1) of this article are "duty free" or "excise free" the disposition of the articles concerned to persons not entitled to these concessions shall be made only after—

(a) arrangements have been completed with the customs authorities; and

(b) payment of the necessary duty.

[p.153]

(4) When the canteen stock has been disposed of—

(a) the cash on hand and on deposit shall be used to pay off all outstanding debts of the canteen; and

(b) the balance remaining shall be turned over to the Ship’s Fund.

Section 6—Ship's Fund

27.52—GENERAL

(1) Except as prescribed in (3) of this article the Captain shall arrange for the establishment of a Ship's Fund.

(2) The Ship's Fund shall be all non-public funds obtained from the transfer of canteen profits, donations or other sources of income in respect of the ship's company.

(3) If the Captain considers it inadvisable to establish a Ship's Fund he shall forward an explanation of the reason to the senior officer in command.

27.53—ADMINISTRATION OF SHIP'S FUND

(1) The Ship's Fund shall be administered by the Welfare Committee.

(2) The Supply Officer, or, subject to the approval of the Captain, his representative shall be the treasurer of the Ship's Fund, and shall—

(a) keep a record of the receipts and disbursements; and

(b) prepare and display in a conspicuous place a quarterly financial statement.

(3) The Ship's Fund shall be audited in accordance with Article 27.33 (Audit of Non-Public Property Accounts).

27.54—NOT ALLOCATED

27.55—DISBURSEMENTS OF SHIP'S FUND

(1) With the Captain's approval, the Welfare Committee may make disbursements for—

(a) entertainment of the ship's company;

(b) purchase of sports or other recreational equipment not provided by the Navy or of prizes for sporting events;

(c) assistance to libraries or other organizations within the ship;

(d) loans to members of the ship's company, which must be repaid within one year;

(e) the supply of comforts to men in hospital or to survivors; and

(f) other special or benevolent purposes.

[p.154]

(2) When the Captain "refuses to approve under (1) of this article, he shall forward an explanation of the reason to the senior officer in command.

27.56—DISPOSITION OF THE SHIP'S FUND

(1) A large surplus shall not be accumulated in the Ship's Fund.

(2) Subject to (3) of this article, the Welfare Committee shall, at the end of each annual period, expend any amount in excess of a sum equal to four months average net profits received from the canteen for the benefit of any charity or of any fund raised for the benefit of men.

(3) When funds are being accumulated for a specific purpose, a note to that effect shall be made on the financial statement.

(4) When a ship or naval establishment pays off, or a ship is lost, the direction of the Navy Commander shall be sought as to the disposal of any balance remaining in the Ship's Fund.

Section 7—Non-Public Property

27.57—DISPOSAL OF NON-PUBLIC PROPERTY

Except under conditions prescribed by the Chief of Defence Staff, non-public property shall not be sold, given away or alienated.

27.58—CARE OF NON-PUBLIC PROPERTY

The commanding officer shall ensure that all non-public property in a unit or ship is—

(a) properly maintained; and

(b) accounted for in the manner prescribed by the Chief of Defence Staff.

27.59—NOT ALLOCATED

27.60—LOSS OR DAMAGE TO NON-PUBLIC PROPERTY

(1) An officer entrusted with non-public money shall ensure that an account of the cash and bank transactions is kept in accordance with prescribed regulations, and such officer shall be personally responsible for the safe custody and accuracy of this record. If an officer loses any non-public money or property placed in his charge he shall report the fact forthwith to his commanding officer.

(2) In the event of any deficiency in, or loss of, money or property the commanding officer shall exercise his discretion as to whether he shall at once order a summary investigation, convene a board of inquiry or report the matter to superior authority.

27.61 TO 27.99—INCLUSIVE: NOT ALLOCATED

[p.155]

CHAPTER 28—ALLOTMENT AND OCCUPATION OF QUARTERS

Section 1—General

28.01—OBLIGATION TO OCCUPY QUARTERS

(1) Married quarters designated as tied quarters shall be occupied by such officers as the Chief of Defence Staff may prescribe.

(2) An officer or man shall occupy quarters unless:—

(a) proper quarters are not available; or

(b) except for an officer mentioned in (1) of this article, the commanding officer has granted him permission to live out.

(3) The commanding officer may grant permission to live out of quarters to an officer or man:

(a) attached to or on temporary duty at the station or unit;

(i) for a period not exceeding seven days, and

(ii) in exceptional circumstances for any period exceeding seven days but not exceeding thirty days;

(b) whose place of duty is at such distance from available quarters that, in the opinion of the commanding officer, to require him to live in quarters would interfere with the performance of his duties;

(c) who is married, to enable him to live with his family; and

(d) in such other circumstances as the commanding officer considers justifiable.

(4) Any permission to live out of quarters granted by the commanding officer shall not in itself entitle an officer or man to an allowance in lieu of quarters.

28.02—QUARTERS—TERMINAL LEAVE

An officer or man shall not occupy quarters when he is on terminal leave.

28.03 TO 28.05—INCLUSIVE: NOT ALLOCATED

Section 2—Married Quarters

28.06—ENTITLEMENT TO OCCUPY MARRIED QUARTERS

(1) Except as provided in (2) of this article, an officer or man and his family shall be entitled to occupy married quarters when:

(a) accommodation is available;

(b) no member of the family refuses immunization treatment including vaccination and inoculation, if, in the opinion of the Chief of Defence Staff, non-immunization endangers the health of personnel at the station or unit; and

(c) the officer or man and members of his family observe all regulations and orders governing the occupancy of married quarters.

[p.156]

(2) An officer prescribed under (1) of Article 28.01 shall be entitled to occupy married quarters regardless of his marital status.

28.07—ACCESS TO MARRIED QUARTERS

An officer or man occupying married quarters shall allow access to his quarters to officers, men, and civilians when they are required to enter in the performance of their service duties.

28.08—ALLOTMENT OF MARRIED QUARTERS

(1) Subject to Articles 28.06 (Entitlement to Occupy Married Quarters) and 28.30 (Married Quarters for Civilians), married quarters shall be allotted in accordance with orders issued by the Chief of Defence Staff.

(2) No officer or man to whom married quarters have been allocated shall be dispossessed of them without the approval of the officer commanding the command.

28.09—EVACUATION OF MARRIED QUARTERS IN EMERGENCY

In an emergency, the Chief of Defence Staff may, if married quarters are required for operational purposes or for the accommodation of military personnel, order the occupants of those quarters to vacate them immediately.

28.10—NOT ALLOCATED

28.11—OCCUPATION OF SINGLE QUARTERS BY OFFICERS AND MEN ELIGIBLE FOR MARRIED QUARTERS

Officers and men eligible for occupancy of married quarters may be required to occupy single quarters if:—

(a) no married quarters are available; and

(b) the commanding officer considers it necessary that the officer or man live on the station or unit for the proper performance of his duties.

28.12 TO 28.19—INCLUSIVE: NOT ALLOCATED

Section 3—Single Quarters

28.20—ALLOTMENT OF SINGLE QUARTERS TO OFFICERS

Officers shall be granted the choice of vacant single quarters in order of rank and seniority.

28.21—ALLOTMENT OF SINGLE QUARTERS TO WARRANT OFFICERS, CHIEF PETTY OFFICERS, SENIOR NON-COMMISSIONED OFFICERS AND PETTY OFFICERS

(1) Warrant officers, chief petty officers, senior non-commissioned officers and petty officers who are not eligible to occupy married quarters shall be:

(a) allotted quarters separate from those occupied by men below the rank of sergeant or petty officer; or

[p.157]

(b) given permission or live out of quarters if,

(i) quarters separate from those occupied by men below the rank of sergeant or petty officer are not available, and

(ii) the commanding officer does not consider that the exigencies of the service require them to occupy single quarters.

(2) Warrant officers, chief petty officers, senior non-commissioned and petty officers shall be granted the choice of vacant single quarters in order of rank and seniority.

28.22—RIGHT TO RETAIN SINGLE QUARTERS

(1) An officer or man may retain single quarters while he is on leave, except terminal leave, or while absent from the station or unit on duty when:

(a) the anticipated period of absence does not exceed sixty-one days; and

(b) the commanding officer does not consider that the exigencies of the service require the re-allotment of the quarters.

(2) An officer or man to whom single quarters have been allotted shall not without the approval of the commanding officer, be dispossessed by any other officer or man.

28.23—RETENTION OF UNOCCUPIED SINGLE QUARTERS

An Officer shall not retain single quarters he does not occupy unless he is a commanding officer who, if entitled to married quarters and drawing allowance in lieu, does not as a result of such retention exclude another officer.

28.24—SINGLE QUARTERS FOR AN OFFICER OR MAN WHOSE FAMILY IS OCCUPYING MARRIED QUARTERS

Single quarters may be allotted to an officer or man whose family is occupying married quarters when, owing to the exigencies of the service, he is separated from his family.

28.25 TO 28.29—INCLUSIVE: NOT ALLOCATED

Section 4—Civilians

28.30—MARRIED QUARTERS FOR CIVILIANS

(1) When suitable civilian accommodation is not available, the commanding officer may allot married quarters to a civilian employee of the Government of Ghana who fills a position on the service establishment.

[p.158]

(2) Subject to the approval of the Chief of Defence Staff, the commanding officer may allot married quarters to a civilian, other than one mentioned in (1) of this article, when:

(a) his duties are such that they contribute to the efficiency or welfare of the station or unit; and

(b) suitable civilian accommodation is not available.

(3) A civilian, except one whose terms of employment with the Armed Forces entitle him to free quarters, shall be charged for any married quarters allotted to him at the rate prescribed for civilian employees of the Government unless an amount is fixed or determined by—

(a) regulations of another government department; or

(b) the Chief of Defence Staff.

(4) The Chief of Defence Staff may prescribe the terms and conditions of occupancy of married quarters by civilians.

28.31—SINGLE QUARTERS FOR CIVILIANS

(1) The commanding officer may allot single quarters to a civilian employee of the Government of Ghana who fills a position on the service establishment.

(2) Subject to the approval of the Chief of Defence Staff, the commanding officer may allot single quarters to a civilian, other than one mentioned in (1) of this article, when—

(a) his duties are such that they contribute to the efficiency or welfare of the station or unit; and

(b) suitable civilian accommodation is not available.

(3) A civilian, except one whose terms of employment with the Armed Forces entitled him to free quarters, shall be charged for any single quarters allotted to him at the rate prescribed for civilian employees of the Government, unless an amount is fixed or determined by—

(a) regulations of another government department; or

(b) the Chief of Defence Staff.

(4) The Chief of Defence Staff may prescribe the terms and conditions of occupancy of single quarters by civilians.

28.32 TO 28.99—INCLUSIVE: NOT ALLOCATED

[p.159]

CHAPTER 29—WORKS AND BUILDINGS

Section 1—General

29.01—SAFEGUARDING OF WORKS AND BUILDINGS

(1) A Service Commander or an officer designated by him shall ensure that all works and buildings at a new station or unit are properly safeguarded prior to being taken over by the commanding officer.

(2) The commanding officer shall ensure that all works and buildings at his garrison, station, unit or fleet establishment are properly safeguarded at all times.

29.02—NEW CONSTRUCTION

(1) New construction of works and buildings shall be initiated by or under the authority of the Chief of Defence Staff.

(2) Proposals for new construction shall be forwarded with the necessary plans, specifications and estimates to the respective formation headquarters.

29.03—MAINTENANCE, ALTERATIONS, AND ADDITIONS TO WORKS AND BUILDINGS

(1) Within such financial limits as may be prescribed, maintenance, alterations and additions to works and buildings may be authorized by the Ministry.

(2) Proposals for alterations, and additions under (1) of this article shall be forwarded with the necessary plans, specifications, and estimates to the respective formation headquarters.

29.04—ACQUISITION AND DISPOSAL OF LAND AND WORKS AND BUILDINGS

When the commanding officer of a garrison, station, unit or fleet establishment recommends a proposal for the—

(a) acquisition, or disposal of land or works and buildings; or

(b) demolition of works and buildings no longer fit for use or worth the cost of repair;

he shall submit it to his Service Commander through normal channels.

29.05—COMPLETION REPORT ON TAKING OVER WORKS AND BUILDINGS FROM A CONTRACTOR

(1) On completion of contracts covering new construction of alterations or additions to, or maintenance of works and buildings, a completion report in the form prescribed by the Ministry shall be prepared indicating the condition of the works and buildings concerned together with any necessary recommendations and shall include:

(a) a certificate stating whether the contract has been completed in accordance with the approved plans and specifications, accompanied if applicable by a list of discrepancies and deficiencies; and

(b) a recommendation for the disposal of all moneys held in connection with the contract.

[p.160]

(2) The completion report prepared under (1) of this article shall be signed by—

(a) the Armed Forces representative supervising the work;

(b) the local works engineer  officer;

(c) the commanding officer of the garrison, station, unit or fleet establishment (as the case may be);

(d) when questions of health or sanitation arise, the medical officer;

 and shall be submitted for approval to the authorities specified in (3) of this article.

(3) The completion report on taking over minor new construction, alterations, additions, and maintenance from the contractor, may be approved by the appropriate Service Commander. The taking over from the contractor of major new construction, alterations, additions, and maintenance shall require the approval of the Ministry. For the purpose of this paragraph, minor new construction, alterations, additions, and maintenance shall be as prescribed by the Ministry.

29.06—ALLOTMENT OF BUILDINGS

(1) Each Armed Forces building shall be allotted to a particular permanent use by the Ministry.

(2) An Armed Forces building may be allotted to a temporary use by or under the authority of the appropriate Service Commander:—

(a) the temporary use to which the building is allocated,

(i) is not one which would be provided at public expense,

(ii) does not contravene the provisions of any deed, lease, or agreement affecting the buildings; and

(b) the allotment does not involve an expenditure for other accommodation in lieu of the building concerned.

29.07—POWERS OF WRITE-OFF—WORKS AND BUILDINGS

(1) The powers of write-off for a loss of works and buildings shall be as prescribed for write-off of material in Article 36.20 (Powers of Write-off—Material) except that in a single occurrence the total value of the write-off of both material and works and buildings shall not exceed the amount authorized for the write-off of material in Article 36.20.

(2) A write-off authorized under (1) of this article shall not prejudice subsequent disciplinary or recovery action against an officer or man.

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29.08—EVACUATION OF SCHOOL BUILDINGS IN EMERGENCY

Subject to any agreement entered into between the Ministry and local education authorities, when, in an emergency, dependents' school buildings are required for operational purposes or for the accommodation of military personnel, the Chief of Defence Staff may order the buildings to be evacuated immediately.

29.09 TO 29.14—INCLUSIVE: NOT ALLOCATED

Section 2—Inspections

29.15—COMMAND INSPECTION OF WORKS AND BUILDINGS

(1) The Chief of Defence Staff shall ensure that—

(a) all works and buildings of the Armed Forces are inspected at least once in three years by the chief engineer or his representative who shall submit a written report; and

(b) the sanitary condition of all works and buildings of the Armed Forces are inspected at least annually by the Director of Medical Services or his representative who shall—

(i) examine and sign the sanitary diary of the garrison, station, unit or fleet establishment concerned, and

(ii) on completion of the inspection submit a report to the Chief of Defence Staff and the appropriate Service Commander.

(2) When the reports submitted under (1) of this article are received the Chief of Defence Staff or the appropriate Service Commander shall take required remedial action within his authority.

(3) Inspecting officers inspecting the works and buildings at a garrison, station, unit or fleet establishment shall, when practical, be accompanied by:

(a) the commanding officer or a senior officer as his representative;

(b) a works engineer officer;

(c) a medical officer; and

(d) the officer commanding a unit when his unit is being inspected.

29.16—STATION OR UNIT INSPECTIONS OF WORKS AND BUILDINGS

(1) Except as provided in Article 29.18, the commanding officer shall inspect the works and buildings within his garrison, station, unit, or fleet establishment at least quarterly, accompanied when practical by:

(a) a works engineer officer;

(b) a medical officer; and

(c) the officer commanding a unit when his unit is being inspected.

[p.162]

(2) A works engineer officer or his representative shall inspect periodically and at least twice a year all works and buildings for which he is responsible within a garrison, station, unit or fleet establishment and report to the commanding officer on each inspection.

(3) The medical officer or his representative at a garrison, station, unit or fleet establishment shall inspect:

(a) all kitchen and messing facilities weekly; and

(b) all works and buildings—

(i) on the commanding officer's quarterly inspection; and

(ii) at any other time he considers it necessary in order to safeguard the health of the garrison, station, unit or fleet establishment;

and note in the sanitary diary any conditions adversely affecting the hygiene and sanitation of the garrison, station, unit or fleet establishment. After each inspection the diary shall be submitted to the commanding officer for necessary action.

29.17—INSPECTIONS ON TRANSFER OF WORKS AND BUILDINGS

(1) When existing works or buildings are being transferred to or from the Armed Forces, between units within the Armed Forces, or on a change of command, an inspection shall be made jointly by—

(a) a representative of the garrison, station, unit or fleet establishment or party taking over the works and buildings;

(b) a representative of the garrison, station, unit or fleet establishment or party handing over the works and buildings;

(c) a works engineer officer; and

(d) when questions of health or sanitation arise, a medical officer.

(2) On completion of the inspection prescribed in (1) of this article, an inspection report shall be prepared, in the form prescribed by the Chief of Defence Staff.

29.18—INSPECTION OF MARRIED QUARTERS

(1) The commanding officer shall inspect married quarters at least twice a year to coincide with the semi-annual inspections of the Works Engineer Officer under (2) of Article 29.16.

(2) When a change of occupancy of married quarters occurs, an inspection shall be made jointly by:

(a) the commanding officer or his representative; and

(b) the works engineer officer or his representative;

[p.163]

(c) if practical, the parties vacating and taking over the married quarters.

(3) The responsibility for damage to public properly shall, where practical, be determined during inspections under this article. (See Chapter 38—Liability for Public and Non-Public Property.)

29.19 TO 29.25—INCLUSIVE: NOT ALLOCATED

Section 3—Miscellaneous

29.26—STORAGE OF PRIVATELY OWNED VEHICLES

(1) When practical, areas for parking privately owned vehicles shall be reserved at a garrison, station, unit or fleet establishment.

(2) No area reserved for parking privately owned vehicles shall be constructed unless the Chief of Defence Staff approves

(a) the site; and

(b) the expenditure involved.

(3) When sufficient space is available, the commanding officer may permit an officer or man to store a privately owned vehicle—

(a) in an Armed Forces garage provided for the storage of privately owned vehicles; or

(b) in an Armed Forces building designated by the Chief of Defence Staff as suitable for the storage of privately owned vehicles.

(4) When an officer or man has received permission under (3) of this article to store a vehicle in an Armed Forces building he shall—

(a) store the vehicle at his own risk;

(b) vacate the storage space when required;

(c) observe the fire regulations for Armed Forces buildings; and

(d) pay for the storage space at the rate prescribed by the Chief of Defence Staff.

(5) Subject to the approval of the appropriate Service Commander a commanding officer may grant permission to an officer or man, to construct or keep on Armed Forces property at private expense, a building or buildings suitable for the storage of privately owned vehicles, provided that—

(a) the type and location of the building or buildings are approved by the works engineer officer;

(b) the fire regulations for Armed Forces buildings are observed; and

(c) the building or buildings shall be removed at the expense of the owner on the instruction of the appropriate Service Commander.

29.27 TO 29.99—INCLUSIVE: NOT ALLOCATED

[p.165]

CHAPTER 30—FIRE PREVENTION SERVICES

30.01—FIRE PREVENTION COMMITTEE

(1) The commanding officer of a station or unit shall appoint a fire prevention committee consisting of at least three members one of whom should, when practical, be a works officer or his representative.

(2) The function of the fire prevention committee shall be as prescribed by the Chief of Defence Staff, or Service Commander in respect of his service.

30.02—FIRE PREVENTION OFFICER

(1) The commanding officer of a station or unit shall appoint an officer as fire prevention officer.

(2) The fire prevention officer shall act as chairman of the fire prevention committee appointed under Article 30.01.

(3) The functions of the fire prevention officer shall be as prescribed by the Chief of Defence Staff, or a Service Commander in respect of his service.

30.03—AIRFIELD FIRE AND CRASH RESCUE SERVICES

When the establishment of an air force station or unit provides for airfields fire and crash rescue services, the duties of the personnel employed thereon shall be as prescribed by the Air Force Commander.

30.04— PRACTICE FIRE DRILLS

The commanding officer shall hold practice fire drills in accordance with orders issued by his Service Commander.

30.05—REPORTING A FIRE

(1) When a fire occurs at his station, unit or in his ship a commanding officer shall—

(a) report it to his superior headquarters by

(i) a signal message immediately a fire occurs, and

(ii) a detailed report in writing as soon as practicable after the fire; and

(b) ensure that the message sent under (1) (a) (i) of this article is repeated to Army, Navy or Air Force Headquarters (as appropriate) for information.

(2) The report required by (1) of this article shall be in such form as prescribed by the Service Commander and shall be in addition to any investigation instituted under Article 21.61 (Investigation of a Fire).

[p.166]

30.06—FIRE PRECAUTIONS IN SERVICE BUILDINGS

An officer commanding shall ensure that the officer in whose charge he places any building which is under Armed Forces control—

(a) takes fire prevention precautions as prescribed by the Chief of Defence Staff or a Services Commander; and

(b) promulgates orders covering action to be taken when fire occurs.

30.07—FIRE ORDERS

The commanding officer shall ensure that orders relating to the prevention and control of fires at his unit or his ship are incorporated in standing orders. (See Article 4.22— "Standing Orders")

30.08 TO 30.99—INCLUSIVE: NOT ALLOCATED.

[p.167]

CHAPTER 31—EMPLOYMENT OF THE ARMED FORCES IN A NATIONAL DISASTER

31.01—DUTY BY THE REGULAR ARMED FORCES

Where the President has under the Constitution by Proclamation declared that a state of public emergency exists in Ghana or in any part of Ghana, the regular forces or any unit or other element thereof or any officer or man thereof shall be liable to perform such services in respect of the emergency as the Chief of Defence Staff may authorize, and the performance of such services shall be deemed to be duty on active service.

31.02—DUTY BY THE RESERVES

Where the President has declared a state of public emergency as mentioned in Article 31.01 the Chief of Defence Staff may in accordance with the Constitution authorize the reserve forces or any unit or other element thereof or any officer or man thereof to be called out on service for the purpose of rendering assistance in respect of the State of emergency and all officers and men while so called out shall be deemed to be performing duty on active service.

31.03 TO 31.99—INCLUSIVE: NOT ALLOCATED

[p.169]

CHAPTER 32—BANDS

32.01—GENERAL ORGANIZATION OF BANDS

(1) This chapter shall apply to those Armed Forces bands—

(a) authorized by establishment and composed of,

(i) full-time bandsmen of the regular Armed Forces, or

(ii) bandsmen of the Reserves; and

(b) authorised by the Chief of Defence Staff and composed of any rank and trade.

(2) The bands mentioned in (1) of this article are maintained for the Armed Forces as a whole and their personnel shall be employed exclusively on band duties.

32.02—BAND MANAGEMENT

A commanding officer or a band committee appointed by him, or the officer commanding the Armed Forces Central Band shall, as applicable—

(a) negotiate all band engagements;

(b) manage the financial affairs of the band; and

(c) ensure that all band property is safeguarded and maintained.

32.03—BAND RECEIPTS AND EXPENDITURES

(1) Subscriptions and donations made for the benefit of a band shall be deposited in the service fund account but shall be available for band expenditures only.

(2) The Service fund committee, with the approval of the commanding officer, may make an appropriation for the purchase of band instruments, accessories, and music.

(3) All expenditures of non-public funds for band purposes shall be approved by the commanding officer.

32.04—BAND PROPERTY

(1) Band property shall include all band instruments, accessories and music—

(a) presented to or purchased by a band, station, unit, or ship; or

(b) issued to a band.

(2) Band property obtained in accordance with (1) (a) of this article shall be accounted for as non-public property as prescribed by the Chief of Defence Staff.

(3) Band property obtained in accordance with (1) (b) of this article shall be carried on unit charge and accounted for as public property as prescribed by the Chief of Defence Staff.

[p.170]

32.05—DUTIES OF DIRECTOR OF MUSIC

An officer shall be appointed by the Chief of Defence Staff as Director of Music for the Armed Forces. The duties of the Director of Music shall be as prescribed by the Chief of Defence Staff and shall include—

(a) the technical administration of all Armed Forces bands; and

(b) the technical training of all personnel of established bands; and

(c) the trade testing of all band personnel and the making of recommendations for promotion in accordance with current regulations; and

(d) that all programmes performed by Armed Forces bands are suitable for the occasions concerned and that each band is competent to undertake them.

32.06—DUTIES OF OFFICERS IN CHARGE OF BANDS

The duties of officers in charge of bands and the officer commanding the Central Band of the Armed Forces shall be as prescribed by the Director of Music and shall include—

(a) responsibility for the discipline and technical instruction of his band; and

(b) attendance at all parades with his band and to accompany it when it plays in public places or  attends an entertainment; and

(c) the entering of all engagements in band engagement books, with particulars of their nature, date, number of bandsmen employed, fees  paid (if  applicable) and uniform to be worn; and

(d) the keeping of a roster showing the particular bandsmen detailed for every duty or engagement and that a fair distribution is maintained among the bandsmen as a whole, having regard to the nature of demands made; and

(e) the maintenance of a band fund account to include—

(i) all sums derived from public funds,

(ii) all subscriptions or donations given for the benefit of the band,

(iii) all sums received on account or engagements undertaken by the band as a unit,

(iv) all payments.

32.07—BAND ENGAGEMENTS

(1) All correspondence in connection with band engagements shall be conducted by the officer in charge of the band or the officer commanding the Central Band as applicable.

(2) Band engagements shall only be entered into subject to the exigencies of the Armed Forces and to the requirement that the acceptance of the engagement does not infringe current regulations and instructions. A clause to this effect shall be embodied in any form of contract or agreement made.

[p.171]

(3) Engagements shall not be sought through the public press or initiated through the medium of musical or other agents.

(4) An engagement shall not be accepted at a rate below the commercial scale appropriate to, and accepted in the locality by, civilian bands of equal strength and for the same number and duration of performances.

(5) An engagement shall not be accepted if the Armed Forces band is required to replace a civilian band which is involved in a trade dispute.

(6) Engagements shall not be accepted for bands to play at political meetings, demonstrations or entertainments, nor to play for an organisation having partisan or controversial aims.

32.08—DISTRIBUTION OF BAND ENGAGEMENT FEES

Any fees received in respect of band engagements shall be distributed as follows:

(a) 35 per cent of the total fee to the band fund;

(b) 10 per cent of the total fee to the Director of Music or Bandmaster, when present at an engagement;

(c) 55 per cent of the total fee to the bandsmen, shared,

(i) 4 shares to the band sergeant major or sergeant,

(ii)  3 shares to 1st class bandsmen,

(iii) 2 shares to 2nd class bandsmen,

(iv) 1 share to 3rd class bandsmen.

32.09—PLAYING OF THE NATIONAL ANTHEM

(1) When played for ceremonial or concert purposes, the National Anthem shall be played in its entirety and in the key of "Ab" (A flat).

(2) When played for singing the National Anthem shall be played in the key of "G".

32.10 TO 32.99—INCLUSIVE: NOT ALLOCATED

[p.173]

CHAPTER 33—CHAPLAIN SERVICES

33.01—RELIGIOUS SERVICES

(1) Subject to the exigencies of the service every commanding officer shall—

(a) provide for the performance of religious services on all Sundays and Holy Days of obligation;

(b) provide adequate accommodation and facilities for conducting these services;

(c) render the chaplain or officiating clergyman every assistance in the performance of his duty; and

(d) provide the opportunity for an officer or man or his family to attend religious services and receive any further religious ministrations that may be desired.

(2) No officer or man shall be required to attend a religious service other than a service of the group in which his denomination is included.

33.02—PROVISION OF CHAPLAINS AND OFFICIATING CLERGYMEN

(1) For the purpose of this article "officiating clergyman" means, a clergyman who fulfills the requirements prescribed by the Chief of Defence Staff.

(2) When a garrison, station, unit or fleet establishment is without a chaplain, the commanding officer shall, subject to the exigencies of the service, ensure that—

(a) a chaplain is made available; or

(b) adequate provision is made for the personnel concerned to attend divine services elsewhere.

(3) An officiating clergyman provided under this article shall—

(a) as far as practical be governed by the same provisions as are prescribed for a chaplain; and

(b) receive for his services the pay and allowances prescribed in A.F.R.

33.03—RELIGIOUS MINISTRATIONS

(1) A chaplain shall promote the moral and spiritual welfare of all service personnel and shall—

(a) conduct religious, baptismal, marriage, and burial services;

(b) arrange for religious ministrations for officers and men or their families who are—

(i) sick, or

(ii) in service or civil custody, or

(iii) desirous of it; and

[p.174]

(c) be prepared to give assistance and instruction on religious subjects to all service personnel.

(2) No chaplain shall be required to perform any duties other than those pertaining to his calling.

(3) A chaplain may accept an invitation to assist at any religious service that does not interfere with his Armed Forces duty.

33.04—COMMUNICATION WITH SENIOR CHAPLAINS

A chaplain shall have the privilege of direct communication on strictly ecclesiastical matters with his superiors in the chaplain service and to the head of his denomination.

33.05—RELIGIOUS DENOMINATIONS

An officer or man shall, when he enrols, declare his religious denomination. He may, by a statement in writing, change his denomination at any time, and the commanding officer shall authorise the necessary alterations in the records of the officer or man concerned. The commanding officer shall provide—

(a) a nominal roll by denominations of all officers and men on the strength of an Armed Forces unit for use by the chaplain or officiating clergyman concerned; and

(b) on request, a certificate stating the number of officers and men on the Armed Forces unit of the denomination served by the officiating clergyman.

33.06—RELATIONSHIP WITH CHAPLAINS

Chaplains shall be treated with the respect due to their profession and commanding officers shall render them every assistance in carrying out their duties.

33.07 TO 33.99—INCLUSIVE: NOT ALLOCATED

[p.175]

CHAPTER 34—MEDICAL SERVICES

Section 1—General

34.01—DEFINITIONS

For the purpose of this chapter—

(a) "civilian" means a person who is not a member of the Armed Forces, a civil servant, a dependant, or a school teacher;

(b) "civil servant" means an employee of the Ministry of Defence;

(c) "dependant" means the wife, child, housekeeper or such other person as the Ministry may direct in respect of whom

(i) a member of the forces or a civil servant or school teacher may obtain medical care.

(d) "in-patient care" means that portion of medical care, exclusive of professional care, that is provided to a patient who is admitted to a hospital;

(e) "isolated unit" means a unit so designated by the Ministry;

(f) "medical care" means medical and surgical treatment including necessary drugs and dressings, diagnostic and investigational procedures, hospitalization, preventive medicine procedures, transportation as a patient, and the supply and maintenance of prosthetic appliances and service spectacles and includes "professional care", "in-patient care" and "out-patient care";

(g) "out-patient care" means that portion of medical care that is provided to a patient who is not admitted to hospital;

(h) "overseas area" means the area outside Ghana;

(i) "professional care" is that portion of medical care provided to an individual by a registered medical practitioner, including a service medical officer;

(j) "school teacher" means a member to the supervisory, administrative or teaching staff of a Ministry of Defence School;

(k) "semi-isolated unit" means a unit so designated by the Ministry.

34.02—RESPONSIBILITIES OF MEDICAL OFFICER

The senior medical officer at all levels of command shall be the responsible adviser to the senior officer exercising the function of command or executive authority on all matters pertaining to the health and physical efficiency of all personnel under his jurisdiction.

34.03 TO 34.04—INCLUSIVE: NOT ALLOCATED

34.05—CHARGES FOR MEDICAL CARE

No charges shall be payable for medical care to those entitled under Article 34.07

34.06—NOT ALLOCATED.

[p.176]

Section 2—Medical Care of Members of the Forces

34.07—ENTITLEMENT TO MEDICAL CARE

(1) Subject to (4) of this article, an officer or man of the Regular Forces—

(a) who suffers any injury, disease or illness shall be entitled to medical care at public expense;

(b) who while serving in the Armed Forces, develops an impairment of vision shall be supplied at public expense with—

(i) military pattern spectacles and necessary changes of lenses, provided the visual standard for entry and retention in the Armed Forces is attained, and

(ii) where necessary, two pairs of spectacles, one for general use and one for reading purposes. Civilian pattern spectacles or frames will not be provided at the expense of the Armed Forces. Neither will spectacle provided at the expense of the Armed Forces be replaced or repaired at such expense except the circumstances of loss or damage are certified by the commanding officer of the officer or man concerned as attributable to military service.

(2) Subject to (4) of this article, an officer or man of the Reserves who suffers any injury, disease, or illness attributable to the performance of his duty, shall be entitled—

(a) for the remaining period of his duty, to medical care at public expense; and

(b) after termination of the period of his duty, to such medical care at public expense as the attending medical officer may consider necessary.

(3) Subject to (4) of this article, an officer or man of the Reserves who suffers any injury, disease, or illness not attributable to the performance of his duty, and not as a result of his misconduct or imprudence, shall be entitled—

(a) if the injury, disease, or illness occurs while he is on active service, on continuous duty, or on special duty, to medical care in accordance with (2) of this article;

(b) if the injury, disease, or illness occurs while he is on Continuous Reserve Training, to medical care in accordance with (5) of this article;

(c) if the injury, disease, or illness occurs while he is on Local Training, to immediate emergency treatment only; and

(d) if the injury, disease, or illness occurs while he is on any duty not mentioned in (a), (b) or (c) of this paragraph, and unless the ministry [p.177] otherwise directs, to medical care in accordance with (2) of this article.

(4) An officer or man—

(a) shall not be entitled to medical care at public expense—

(i) when he is on leave without pay and the injury, disease, or illness was received or contracted subsequent to the effective date on which his leave commenced, or

(ii) beyond the twenty-first day of a period of absence without authority, or

(iii) beyond the date of his release; and

(b) may be denied medical care at public expense when he has failed to comply with the regulations governing medical care while on leave.

(5) An officer or man who is entitled to medical care under sub-paragraph (b) of (3) of this article shall receive—

(a) medical care at public expense until the date upon which the period of duty terminates or until the date upon which he is returned to his home, whichever is the earlier; and

(b) after the termination of the period of his duty—

(i) when his condition permits him to be sent to his home, such further medical care as may be authorised by the Ministry, or

(ii) when his condition does not permit him to be sent to his home, such further medical care at public expense as the attending medical officer may consider necessary.

(6) Medical care authorized in this article may be given—

 (a) in a military hospital or a civil hospital;

(b) by an army, a naval or air force medical officer, or a civilian medical practitioner.

(7) An officer or man of the Reserves who is not on active service, Continuous Duty or Special Duty, and who, in the opinion of an officer commanding a command, unreasonably refuses to accept the medical care prescribed shall not, as from the date of refusal, be granted any further medical care for that injury, or illness.

(8) A person subject to the Code of Service Discipline under section 12(1) (c), (d), (e), (f) and (g) of The Armed Forces Act, 1962 who is held in service custody shall, if he suffers any injury, disease, or illness during his confinement, be given medical care at public expense until he is discharged from service custody, or from hospital, whichever is the later.

[p.178]

(9) An officer or man drawing a pension as a result of full time Armed Forces Service may be entitled to free medical care in a military hospital in accommodation specially provided for this purpose.

30.08 AND 34.09—NOT ALLOCATED

34.10—MEDICAL CARE IN FOREIGN COUNTRIES

(1) An officer or man who is entitled to and requires medical care while in a country outside Ghana, shall report in the order shown, to—

(a) any available unit of the Service in which he is enrolled; or

(b) any available unit of another Service of the Ghana Armed Forces; or

(c) any available unit of any other Commonwealth Forces; or

(d) the nearest diplomatic or consular authority representing,

(i) Ghana, or

(ii) a Commonwealth country;

(e) the nearest unit of any friendly foreign army, navy, or air force;

(f) a civilian medical practitioner or hospital.

(2) When an officer or man reports under (1) (e) or (f) of this article he shall ensure that the nearest diplomatic or consular authority representing Ghana or a Commonwealth Country is informed of the circumstances immediately.

34.11—MEDICAL CARE WHILE ON LEAVE IN GHANA

(1) An officer or man while on leave in Ghana who is entitled to medical care shall report to the nearest station or unit of the Service in which he is enrolled which is readily accessible when he—

(a) requires medical care; or

(b) has been in contact with an infectious disease.

(2) When a station or unit of the Service in which he is enrolled is not readily accessible, an officer or man shall—

(a) report, in the order shown, to—

(i) a station or unit of another Service of the Armed Forces, or

(ii) Government Hospital or Government medical establishment, or

(iii) a civilian medical practitioner or hospital; and

(b) personally ensure that the commanding officer of the nearest station or unit of the Service in which he is enrolled is informed.

[p.179]

(3) The commanding officer of a station or unit to which an officer or man has reported under (1) of this article or who has received information under (2) (b) of this article shall—

(a) immediately inform the commanding officer of the patient's home station or unit; and

(b) after medical care is completed or suspended, obtain and forward a descriptive case history to the patient's commanding officer.

(4) Accounts rendered by civilian medical practitioners or hospitals for medical care obtained in accordance with (2) of this article shall be forwarded in quadruplicate to the patient's station or unit for payment by the Ministry.

34.12—NOT ALLOCATED

34.13—CONTROL OF MEDICAL CARE

(1) An officer or man shall produce his identification card and, if applicable, his leave form when applying for medical care under Article 34.10 or Article 34.11.

(2) An officer or man who has received medical care while absent from his station or unit shall report to the medical officer immediately on return.

34.14—ALLOCATED

34.15—MEDICAL BOARDS

(1) A medical board shall be assembled to examine the medical condition of an officer or man—

(a) of the Regular Forces:

(i) before he is released or is transferred to the Reserves,

(ii) before his medical category is permanently altered,

(iii) before he proceeds on leave without pay and after his return from that leave,

(iv) when the total of sick leave recommended exceeds 30 days,

(v) on his repatriation to Ghana for medical reasons, and

(vi) at any other time prescribed by the Chief of the Defence Staff;

(b) of the Reserves when prescribed by the Chief of the Defence Staff.

(2) A medical board shall consist of three Medical Officers, except in the case of up or down-grading boards which may consist of only two Medical Officers. The president of the board will be a Specialist.

(3) When considered desirable, a civilian medical practitioner employed under Article 34.18 (Employment of Additional Medical Practitioners and Registered Nurses) may be appointed to a medical board in addition to a medical officer mentioned in (2) of this article.

[p.180]

34.16—MEDICAL EXAMINATION

An officer or man shall be required to undergo medical examinations and chest X-rays on the occasions prescribed by the Chief of the Defence Staff.

34.17—MEDICAL EXAMINATION BEFORE COMMITTAL

(1) A person shall, prior to his committal to undergo a sentence of imprisonment or detention, be medically examined by a medical officer who shall certify on the committal order that he is:

(a) fit; or

(b) fit subject to limitations; or

(c) unfit,

to undergo his punishment.

(2) A certificate made in accordance with (1) of this article shall be in the following form:—

"Certificate of Medical Fitness

I certify that.........................................................................................................................

             (number)           (rank)                (surname)                        (Christian names)

is fit/fit subject to...............................................................................................................

                                                                        (specify limitations)

unfit by reason of................................................................................................................

                                                                           (specify reasons)

to undergo imprisonment/detention

......................................                                               .....................................................

(Date)                                                                                (Medical Offfice)

34.18—EMPLOYMENT OF ADDITIONAL MEDICAL PRACTITIONERS AND REGISTERED NURSES.

(1) When the exigencies of the service so require and medical services are not available from the Regular Forces or another department of the Government of Ghana, the Chief of the Defence Staff or an officer commanding a command may so certify and authorize the employment of:

(a) a medical officer of the Reserves or a civilian medical practitioner; and

(b)  registered nurses.

(2) Persons employed under (1) of this Article shall be reimbursed for their services and expenses in accordance with A.F.R.

34.19 TO 34.20—INCLUSIVE: NOT ALLOCATED

[p.181]

Section 3—Medical care of Dependants of Members of the Forces

34.21—AVAILABILITY OF FACILITIES

When considering the provision of medical care under this section, the medical officer concerned shall exercise his discretion to ensure that such care will not interfere with the proper medical care of service personnel under his charge.

34.22—NOT ALLOCATED

34.23—PROVISION OF MEDICAL CARE GENERALLY—DEPENDANTS

(1) A dependant of a member of the Regular Forces or of the Reserves on Continuous Duty may be provided with medical care by the medical services of the Armed Forces—

(a) in an emergency; or

(b) where, in the opinion of the Director of Medical Services, no adequate civilian medical facilities exist; or

(c) at the request of an appropriate civilian medical authority where it is necessary to supplement civilian medical services; or

(d) under such other circumstances as may be prescribed by the Ministry.

(2) Subject to any conditions prescribed by the Ministry, a dependant of a member of the Regular Forces or of the Reserves on continuous duty may be provided with the following medical care by the medical services of the Armed Forces free of charge:—

(a) inoculations and vaccinations that are not readily available from civilian sources;

(b) drugs and dressings;

(c) treatment, including necessary ambulance service and treatment in hospital, of an infectious disease,

(i) where the dependant is residing in public quarters, or service controlled trailer parks or a similar accommodation located on or associated with a defence establishment; and

(ii) where the infectious disease, in the opinion of the senior medical officer concerned, constitutes a menace to the health of other persons within the defence establishment;

(d) school health examinations in Ministry of Defence schools.

34.24 TO 34.25—INCLUSIVE: NOT ALLOCATED

34.26—PROVISION OF MEDICAL CARE—OVERSEAS AREAS

A dependant who accompanies a member of the Regular Forces or of the Reserves on Continuous Duty serving in an overseas area may be provided with the medical care mentioned in Article 34.23.

34.27 TO 34.29—INCLUSIVE: NOT ALLOCATED

[p.182]

Section 4—Medical Care of Civilians, Civil Servants, School Servants, School Teachers and their Dependants

34.30—PROVISION OF MEDICAL CARE TO CIVILIANS

(1) When considering the provision of medical care under this section, the medical officer concerned shall exercise his discretion to ensure that such care will not interfere with the proper medical care of service personnel under his charge.

(2) Subject to (1) of this article, medical care may be extended to civilians by the medical services of the Armed Forces—

(a) in an emergency at the discretion of the senior medical officer present, examination and treatment to alleviate pain and suffering and to preserve life to the extent required to evacuate the patient to a civilian medical facility; or

(b) where no civilian medical facilities exist; or

(c) at the request of an appropriate civilian medical authority where it is necessary to supplement civilian medical services; or

(d) under such other circumstances as may be prescribed by the Ministry.

(3) When the senior medical officer considers it is advisable, in the interest of the patient, to remove him to another medical facility the commanding officer may authorize the use of service transportation to convey the patient to and from the nearest appropriate medical facility.

(4) All medical care provided to a civilian under this article shall be charged for in accordance with the current financial regulations.

34.31—PROVISION OF MEDICAL CARE TO CIVIL SERVANTS AND SCHOOL TEACHERS

(1) Civil servants, school teachers and their dependants may be provided with the medical care authorized for dependants of service personnel under Articles 34.23 and 34.26 under the circumstances described in those articles.

(2) Where the medical care provided under (1) of this article is that described in sub-paragraphs (a), (c), (d) of (2) of Article 34.23, the medical care may be provided free of charge.

(3) Subject to (2) of this article, medical care provided under (1) of this article shall be charged for in accordance with current financial regulations.

34.32 TO 34.99—INCLUSIVE: NOT ALLOCATED

[p.183]

CHAPTER 35—DENTAL SERVICES

Section 1—General

35.01—DEFINITIONS

For the purpose of this Chapter:

(a) "comprehensive dental treatment" means that service required to establish and maintain a reasonable degree of masticatory efficiency and freedom from pain;

(b) "dependant" shall have the meaning prescribed in Article 209.80 (Definitions);

(c) "isolated unit" means a unit so designated by the Ministry;

(d) "restricted dental treatment" means that service required in an emergency for,

(i) the relief of pain and acute infection, or

(ii) simple repair of broken dentures, but not including replacement or addition of component part; and

(e) "service" in this article means treatment which, in the opinion of the dental officer, is necessary and available in the circumstances.

35.02—RESPONSIBILITIES OF DENTAL OFFICERS

The senior dental officer at all levels of command shall be the responsible adviser to the senior officer exercising the function of command or executive authority on all matters pertaining to the dental health of all personnel under his jurisdiction.

Section 2—Dental Care of Members of the Forces

35.03—DENTAL EXAMINATION

An officer or man shall be required to undergo dental examinations on the occasions prescribed by the Chief of Defence Staff.

35.04—ENTITLEMENT TO DENTAL TREATMENT

(1) An officer or man of the Regular Forces shall be entitled to comprehensive dental treatment except:—

(a) when he is on leave without pay; or

(b) beyond the twenty-first day of a period of absence without authority; or

(c) beyond the date of his release.

(2) When an officer or man of the Reserves is on active service or employed on Continuous Duty, or on Special Duty for a period in excess of six months, he shall, during that period, be eligible for comprehensive dental treatment.

[p.184]

(3) An officer or man of the Reserves—

(a) shall be entitled to restricted dental treatment,

(i) when employed on Special Duty for a period not in excess of six months, and

(ii) during any period of Continuous Reserve Training; or

(b) who suffers any injury to the teeth attributable to the performance of duty shall be entitled to such treatment as may be necessary to restore a state of dental fitness comparable to that which existed prior to the injury, if such injury is not attributable to  his own misconduct or imprudence.

(4) An officer or man of the reserves who, in the opinion of an officer commanding a command, unreasonably refuses to accept the dental treatment prescribed for his injury or disease shall not from the date of refusal be entitled to any further treatment for that injury or disease.

(5) A person subject to the Code of Service discipline under section 12(1) (c), (d), (e), (f) and (g) of the Armed Forces Act, 1962 who is held in service custody shall be given restricted dental treatment.

35.05—DENTAL TREATMENT WHILE ON LEAVE IN GHANA

(1) An officer or man who is entitled to dental treatment shall, when he is on leave in Ghana, report to the nearest Military Dental Clinic when he requires dental treatment.

(2) When a Medical Dental Clinic is not available an officer or man may report to a civilian practitioner for restricted treatment.

(3) Accounts rendered by civilian practitioners for dental treatment obtained under (2) of this article shall be forwarded in triplicate to the Chief Dental officer for payment by the Ministry.

35.06—DENTAL TREATMENT IN FOREIGN COUNTRIES

(1) An officer or man who is entitled to and requires dental treatment while in a foreign country shall report, in the order shown, to—

(a) any available Ghanaian Military Dental Clinic; or

(b) any available unit of another Commonwealth country; or

(c) the nearest diplomatic or consular authority representing

(i) Ghana, or

(ii) a Commonwealth country;

(d) the nearest unit of  the foreign army, navy or air force; or

(e) a civilian practitioner.

[p.185]

(2) When an officer or man reports under (1) (d) or (e) of this article he shall ensure that the nearest diplomatic or consular authority representing Ghana or a Commonwealth country is informed of the circumstances immediately.

(3) An officer or man who reports to a civilian practitioner under (1) of this article shall obtain prior approval from the Ministry when other than restricted dental treatment is required.

35.07 TO 35.09—INCLUSIVE: NOT ALLOCATED

Section 3—Dental Care of Dependants

35.10—AVAILABILITY OF FACILITIES

When considering the provision of dental care under this section, the dental officer concerned shall exercise his discretion to ensure that such care will not interfere with the proper dental care of service personnel under his charge.

35.11—DENTAL TREATMENT OF DEPENDANTS—ISOLATED UNITS

(1) Subject to (2) of this article and to any limitations prescribed by the Ministry, a dependant who accompanies a member of the Regular Forces or the Reserves on Continuous Duty serving at an isolated unit, may be provided with comprehensive dental treatment to the extent available in the military dental facilities in the locality where he is residing.

(2) Treatment provided to a dependant in accordance with (1) of this article shall be charged for in accordance with the scale of fees authorised by the Ministry.

(3) When the dental treatment required is not reasonably available in the locality of the isolated unit where the dependant is residing, the officer commanding the command concerned may authorise transportation and accommodation for the patient in accordance with A.F.R. to and from the nearest appropriate dental facility.

35.12 TO 35.99—INCLUSIVE: NOT ALLOCATED

[p.187]

CHAPTER 36—MATERIALS

Section 1—General

36.01—ARMED FORCES MATERIAL

Except as provided in A.F.R., the material supplied to or used by the Armed Forces shall be—

(a) of the type, pattern, and design; and

(b) issued on the scales and in the manner,

prescribed by the Chief of Defence Staff, or a Service Commander in respect of his Service.

36.02—DISPOSAL OF MATERIAL

No officer or man shall—

(a) barter, sell, or otherwise dispose of material; or

(b) be allowed to purchase material,

except as prescribed in A.F.R. or in any orders issued by the Chief of Defence Staff.

36.03—ACCOUNTING FOR MATERIAL

All Armed Forces material shall be accounted for in the manner prescribed by the Chief of Defence Staff, or a Service Commander in respect of his Service.

36.04—TITLE TO CLOTHING

An officer or man may acquire title to items of clothing on such terms and conditions as the Chief of Defence staff may prescribe.

36.05—USE OF MATERIAL FOR PRIVATE PURPOSES

Except with the permission of the Chief of Defence Staff no material may be issued to or used by an officer or man for private or other purposes unrelated to the performance of military duty, recreation activities, or his status as a member of the Armed Forces.

36.06 TO 36.09—INCLUSIVE: NOT ALLOCATED

Section 2—Loss of or Damage to Material

36.10—REPORTING A LOSS OF OR DAMAGE TO MATERIAL

Any person who discovers the loss of or damage to Armed Forces material shall immediately report the circumstances to his commanding officer.

[p.188]

36.11—ACTION BY THE COMMANDING OFFICER TO WHOM LOSS OF OR DAMAGE TO MATERIAL IS REPORTED.

(1) The commanding officer to whom loss of or damage to material is reported shall—

(a) take action as prescribed in Article 21.71 (Loss of or Damage to Public  Property) or 21.73 (Investigation into Loss or Damage due to a Criminal Offence);

(b) when weapons, ammunition or other explosives are lost, report the circumstances immediately to the officer commanding a command, formation, station, unit or other elements and the police or other appropriate civil authorities; and

(c) when loss or theft is discovered of a narcotic or restricted drug, report the circumstances as soon as practicable to the officer commanding a command, formation, station, unit or other elements and the Director of Medical Services.

(2) The authorities to whom a report of the loss of material has been made under (1) of this article shall be notified of any subsequent recovery of the material.

36.12—DETERIORATION OF MATERIAL

(1) When abnormal deterioration of material is discovered or suspected the commanding officer shall immediately arrange for inspection of the deteriorated material by a qualified officer.

(2) When the abnormal deterioration is confirmed by inspection, the commanding officer shall—

(a) take action as prescribed in Article 21.71 (Loss of or Damage to Public Property); and

(b) report immediately to the officer commanding a command, formation, station, unit or other elements if ammunition or explosives are affected.

36.13—DEFICIENCIES DISCOVERED DURING INVENTORY CHECKS OR AT STOCK-TAKING

Deficiencies of material discovered during inventory checks or at stock-taking shall be adjusted in the appropriate material records in the manner prescribed by the Ministry.

36.14—REFUND ON RECOVERY OF LOST OR DAMAGED MATERIAL

When part or all of the value of material lost or damaged has been recovered from an officer or man and the material is subsequently—

(a) located; or

[p.189]

(b) completely repaired at the further expense of the officer or man concerned,

the Chief of Defence Staff may authorise a refund of the amount previously recovered.

36.15 TO 36.19—INCLUSIVE: NOT ALLOCATED

Section 3—Write-offs

36.20—POWERS OF WRITE-OFF—MATERIAL

(1) For the purpose of this article, "write-off" means the deletion from unit inventory of material on public charge which has been lost.

(2) The power to authorize write-off shall be as prescribed in the table to this article.

(3) The authority who may authorize write-off shall be determined by using the full catalogue rate of the lost material regardless of any financial recovery or departmental expenses.

(4) When the loss of a number of items of material arises out of a single occurrence the aggregate value shall determine the appropriate authority to authorize the write-off.

(5) Action taken to obtain authorization of a write-off shall not preclude the immediate adjustment of the appropriate material records.

(6) No write-off shall be approved without prior investigation of the matter by a commanding officer's investigation or a board of inquiry.

[p.190]

TABLE OF ARTICLE 36.20

POWERS OF WRITE-OFF

A         B         C         D         E         F         

Nature of Loss           Powers of Officer Commanding Unit or EST (Not below the Rank of  Major or Equivalent            Powers of Officer Commanding of a Self-Accounting Store or Depot (Not below the Rank of a Major or Equivalent  Powers of BDE Comd, SVCS Comd, NOICs and Air Force STN Comds        Powers of the Army, Navy and Air Force Comds  Powers of the CDS  

            N¢       N¢       N¢       N¢       N¢      

1. Losses attributable to thefts, fraud or negligence:                                                                   

(a) Cash, stamps, cheques, postal orders or other negotiable documents ..  ..  ..  .     —        —        —            10.00  20.00 

(b) Stores or property ..  ..   ..   ..   ..  ..  .. ..  —        —        —        50.00  200.00           

2. Accidental or other Losses (i.e. where there is no question of theft, fraud or negligence).                                                             

(a) Cash, stamps, cheques, postal orders or other negotiable documents.                                                                 

(b) Stores or property ..  ..  ..  .. .. .. .. .. . ..   20.00  50.00  100.00            200.00            400.00           

NOTE:

1. Amounts quoted in respect of Stores represent original values (not to include departmental Expenses).

2. (i) OC FPO may write-off debtor balances not exceeding N¢20.00 on the accounts of N/E ORs when he is satisfied that such balances have NOT resulted from fraud.

(ii) PG and C is authorised to write-off debtor balances exceeding N¢20.00 on the accounts of N/E ORs when he is satisfied that such balances have NOT resulted from fraud.

[p.191]

36.21—REPORTS OR WRITE-OFFS

A commanding officer shall forward a quarterly report of the write-offs he has authorized under Article 36.20 to his Service Headquarters, through normal channels.

36.22—PREJUDICE OF DISCIPLINARY ACTION

A write-off of material authorized under Article 36.20 shall not prejudice any subsequent disciplinary or recovery action against an officer or man.

36.23 TO 36.28—INCLUSIVE: NOT ALLOCATED

Section 4—Explosives

36.29—ISSUE AND POSSESSION OF AMMUNITION AND EXPLOSIVES

(1) No ammunition or explosives which are public property shall be—

(a) issued to; or

(b) in the possession of,

an officer or man without the authority of his commanding officer.

(2) The officer or man in charge of a guard, picket, escort, or other persons who require ammunition or explosives in the performance of a specific duty shall—

(a) be responsible for the issue, use, and care of any ammunition or explosives drawn; and

(b) on completion of the duty for which the ammunition or explosive is required

(i) verify any unexpended balance, and

(ii) ensure that the unexpended balance is returned to the explosive store.

36.30 TO 36.34—INCLUSIVE: NOT ALLOCATED

Section 5—Rations

36.35—ENTITLEMENT TO RATIONS

(1) Except as prescribed in (2) of this article, the commanding officer of an Armed Forces unit shall be entitled to draw a daily ration to the approved scale for—

(a) each officer or man on the strength of the station or unit who is not receiving Ration Allowance;

(b) each member of the Armed Forces on temporary duty or attached duty at the garrison, station, unit, ship or fleet establishment and taken on ration strength for the period of that duty;

[p.192]

(c) each patient in a military hospital;

(d) each person held in close custody in the unit detention room for whom a daily ration is not otherwise drawn;

(e) each person engaged in operations or required for duty during a continuous state of readiness, or taking part in a training, field or operational exercise authorized by the officer commanding the command, during which it is not feasible or desirable to return to messes in stations or camps or to other normal places of messing;

(f) any other person specified by the Ministry.

(2) No daily ration shall be drawn under (1) of this article for any person who is absent from the station, unit, or other element for a period of more than forty-eight hours for any reason except detached duty when continuing to draw unit rations.

36.36 TO 36.99—INCLUSIVE: NOT ALLOCATED

[p.193-194]

CHAPTER 37—NOT ALLOCATED

[p.195]

CHAPTER 38—LIABILITY FOR PUBLIC AND NON-PUBLIC PROPERTY

38.01—LIABILITY FOR PUBLIC OR NON-PUBLIC PROPERTY

(1) An officer or man who—

(a) negligently makes any improper purchase at public expense;

(b) negligently causes, permits, or contributes to damage to or the loss deficiency, theft, destruction, deterioration, or improper expenditure of public property or any property under the control of the Armed Forces;

(c) has a deficiency in any personal equipment that is in his care or custody, unless he can show that such deficiency was not caused by his negligence;

(d) is the occupant of a married quarters in connection with which damage to or loss of public property or any other property under the control of the Armed Forces occurs during his occupancy, not being loss or damage occasioned by reasonable wear and tear, accidental fire, tempest, acts of God, enemies of the Republic of Ghana, riots or instructions; or

(e) is a member of a group occupying or using a cubicle, room, hut, tent or building as single sleeping quarters or dining or recreational accommodation, in which damage occurs or damage to or loss of barrack stores or any similar property under the control of the Armed Forces occurs, unless he can show that such damage or loss was not caused or contributed to by his negligence; shall be liable to reimburse the Republic of Ghana for the financial loss incurred.

(2) Every officer or man who negligently causes, permits or contributes to damage or the loss deficiency, theft, destruction, deterioration or improper expenditure of any non-public property shall be liable to reimburse the fund concerned for the financial loss incurred.

38.02—ADMINISTRATIVE RECOVERIES

(1) Any circumstances which may give rise to liability of an officer or man to reimburse the Republic of Ghana or a non-public fund under Article 38.01(Liability for Public or non-Public Property), shall be investigated. (See Chapter 21—Summary Investigations and Boards of. Inquiry).

(2) No order shall be made consequent upon an investigation or board of inquiry in accordance with (1) of this article until the person considered to be responsible for the loss or damage has been given the opportunity, after perusal of a copy of the record of proceedings, of making a statement why he should not be held blamable.

[p.196]

(3) when the Chief of Defence Staff or a Service Commander is of the opinion that liability under Article 38.01 exists and that reimbursement is warranted under the circumstances, he may order an administrative recovery from the pay and allowances of the officer or man concerned in an amount sufficient to make reimbursement in full or in part.

(4) An administrative recovery awarded under this article by a Service Commander may be increased, reduced or cancelled by the Chief of Defence Staff.

(5) An administrative recovery proposed or ordered under this article shall not prejudice disciplinary action against the officer or man concerned.

38.03 TO 38.99—INCLUSIVE: NOT ALLOCATED

[p.197-199]

CHAPTER 39 - 49—NOT ALLOCATED

[p.201]

CHAPTER 50—PHYSICAL AND RECREATIONAL TRAINING

50.01—PHYSICAL AND RECREATIONAL TRAINING—ELEMENTS

Physical and Recreational Training is composed of the following elements:—

(a) physical training;

(b) recreational training;

(c) swimming;

(d) athletic games; and

(e) athletic sports.

50.02 TO 50.05—INCLUSIVE: NOT ALLOCATED

50.06—PHYSICAL AND RECREATIONAL TRAINING COMPULSORY

(1) It is essential that personnel in the Armed Forces attain a high standard of fitness, well above the national level. Because of this, active participation in sports and organized recreation is a matter of duty for all personnel, except those whom the medical officer has specifically designated as unfit for participation.

(2) The commanding officer shall ensure that a physical and recreational programme, designed to attain and maintain the desired level of fitness prescribed by the Chief of Defence Staff is in effect.

50.07 TO 50.09—INCLUSIVE: NOT ALLOCATED

50.10—SWIMMING INSTRUCTIONS

(1) Swimming Instructions to the standard required by each service shall be given to—

(a) All aircrew officers, flight cadets and aircrew men.

(b) Subordinate officers in the Navy.

(c) Men below the rank of Petty Officer in the Navy.

(d) All Naval officers and men when undergoing initial training.

(e) All other officers and men who desire further instructions.

(2) Instruction in life-saving shall be given when opportunity offers, to officers and men who are good swimmers.

(3) The officer performing physical and recreational training duties shall maintain a Record of Swimming Instruction.

(4) When a Service swimming pool is not available for swimming instruction the Commanding Officer shall, with the prior approval of appropriate headquarters, arrange for the use of a public swimming pool.

50.11—SWIMMING TEST

The standard to be obtained and the manner in which the tests are conducted shall be prescribed by the headquarters of the Service concerned.

50.12 TO 50.99—INCLUSIVE: NOT ALLOCATED

[p.202 - 204]

CHAPTER 51 - 52—NOT ALLOCATED

[p.205]

CHAPTER 53—PHOTOGRAPHY

Section 1—Official Photography

53.01—MARKING

(1) To safeguard the copyright of the State, all official photographs shall be stamped on the reverse side with a stamp supplied for this purpose.

(2) All official photographs shall, before release for any purpose, be numbered on the reverse side using numbers and prefix letters as prescribed.

(3) Official cinematographic films shall have incorporated a leader bearing a suitable replica of the stamp referred to in (1) of this article, and the issuance authority of the Ministry.

53.02—PROCESSING

Except where the Chief of Defence Staff directs otherwise, all photographs or cinematographic films taken for official purposes, shall be processed by an Armed Forces photographic section.

53.03—CUSTODY

(1) All official negatives, transparencies, cinematographic film and photographic prints shall be kept under lock and key.

(2)  A print of each negative, together with the serial number of the negative and a complete caption, shall be retained by the Armed Forces photographic section concerned.

(3) All orders for photographic work, taking, printing or reprinting shall be individually entered on the form prescribed.

(4) Photographers shall take pictures, and process negatives and prints for official use only.

(5) No prints shall be made from official negatives to be sold within the unit or ship.

53.04—CAPTIONS

A complete and accurate caption for each negative shall be provided by an authority designated and shall contain—

(a) the date and time photograph was made;

(b) the subject of the photograph;

(c) the direction of the view;

(d) the locality;

(e) the magnification when applicable;

(f) the name of the photographer;

(g) the names, ranks, and decoration of any officers and men shown from left to right, front row to back row; and

(h) any other relevant information.

[p.206]

53.05—PUBLICATIONS

No official photographs and cinematographic films shall be—

(a) published privately; or

(b) released for publication;

without the prior approval of the Chief of Defence Staff.

53.06—NOT ALLOCATED

53.07—PHOTOGRAPHIC MATERIAL AND FACILITIES

Service photographic material and facilities shall not be used for any purpose other than that of taking and processing official negatives and prints.

53.08—SECURITY OF PHOTOGRAPHS

(1) Persons ordering motion picture film, transparencies or other photographs to be taken are responsible for assigning the security classification, where necessary, to each exposure.

(2) Envelopes, packages, etc., containing classified negatives or prints shall be stamped in red ink with the security classification.

(3) All classified prints shall be stamped on the reverse side with their security classification.

(4) Classified negative numbers, when used, shall be followed by the security classification.

(5) Classified motion picture film shall incorporate a leader showing the security classification.

(6) Classified negatives, prints, film and transparencies shall be handled, transported and stored in the same manner as classified documents of equivalent security grading.

53.09 TO 53.19—INCLUSIVE: NOT ALLOCATED

Section 2—Private Photography

53.20—PRIVATELY OWNED CAMERAS

(1) Subject to (3) of this article, an officer or man may retain a privately owned camera in a unit or ship.

(2) An officer or man shall not use a privately owned camera in a unit or ship unless—

(a) the approval of the commanding officer has been obtained; and

(b) all local orders concerning photography are observed.

[p. 207]

(3) The commanding officer may require all privately owned cameras to be surrendered and held in custody when—

(a) existing conditions or special orders require it; or

(b) he considers it prudent to do so.

(4) Cameras held in custody shall be stored in existing facilities and suitable receipts issued to the owners. An officer or man may withdraw his camera for use outside the unit or ship but shall surrender it on return.

(5) In ships for which service cameras are allowed by establishment, but no photographic personnel are borne, the Captain shall designate a ship's photographer. Film exposed by the ship's photographer designated under this paragraph shall be processed by an Armed Forces Photographic Section.

53.21—NOT ALLOCATED

53.22—PUBLICATION

(1) An officer or man may publish any photograph that—

(a)  has been approved for publication; and

(b)  is not of a classified nature.

(2) When an officer or man intends to publish with a caption a photograph authorized under (1) of this article, the caption shall first be submitted to the commanding officer for approval.

(3) Subject to (4) of this article, an officer or man may accept remuneration for the publication of any photograph.

(4) An officer or man borne to perform public relations duties may not accept remuneration for the publication of a photograph that depicts military subjects.

53.23 TO 53.99-INCLUSIVE: NOT ALLOCATED.

[p.209]

CHAPTER 54—EDUCATION

Section 1—Responsibilities and Duties

54.01—DUTIES OF THE EDUCATION OFFICER

The Education Officer shall—

(a) be responsible for the academic instruction of officers and men;

(b) be responsible for all matters pertaining to education, including those pertaining to correspondence and evening courses; and 

(c) act as librarian of the reference and educational library.

54.02—EDUCATION OFFICER'S RECORDS

The Education Officer shall—

(a) maintain a record of the educational work carried out in the unit or ship.

(b) maintain records of progress of men studying under his direction; and

(c) produce the records monthly for examination by the commanding officer and for inspections.

54.03 TO 54.10—INCLUSIVE: NOT ALLOCATED

Section 2—Education Training

54.11—EDUCATIONAL EXAMINATIONS

Educational standards shall be established as directed in regulations published by the authority of the Chief of Defence Staff.

54.12—EDUCATIONAL TRAINING SUBSEQUENT TO FIRST EDUCATIONAL TRAINING

When further educational training is required to qualify for advancement in trade, the educational instruction necessary shall be integrated with the professional qualifying course.

54.13 TO 54.99—INCLUSIVE: NOT ALLOCATED

[p.211-212]

CHAPTER 55 - 56—NOT ALLOCATED

[p.213]

CHAPTER 57—CORRESPONDENCE, BOOKS, PUBLICATION AND MAILS

Section 1—Correspondence

57.01—GENERAL

Correspondence shall be conducted in accordance with the instructions prescribed by the Chief of Defence Staff.

57.02 TO 57.25—INCLUSIVE: NOT ALLOCATED

Section 2—Telecommunications

57.26—GENERAL

(1) Telecommunication facilities shall be used for matters of urgency when time does not permit the use of air mail or other postal facilities.

(2) Messages from ship or aircraft present at a Ghanaian naval base or air force station shall be forwarded through the naval establishment at the base responsible for handling message traffic.

(3) Messages sent by telegraph at the request, or for the private convenience, of officers or men whilst away from a Ghanaian base, shall not, unless the subject relates strictly to the Armed forces be forwarded at government expense, but the cost shall be recovered from the person concerned.

57.27 TO 57.30—INCLUSIVE: NOT ALLOCATED

57.31—RESPONSIBILITY FOR SECRET AND CONFIDENTIAL BOOKS

(1) The commanding officer shall be responsible for all secret and confidential books and publications.

(2) The commanding officer shall appoint a commissioned officer to perform such duties as are necessary in connection with all secret and confidential books and publications.

57.32—CUSTODY AND RETURN OF SECRET AND CONFIDENTIAL BOOKS

(1) Every secret or confidential book held by an officer or man shall be returned to the Commanding Officer or issuing authority, as appropriate, when he—

(a)  leaves the unit or ship in which he is serving; or

(b)  is released from the Armed Forces.

(2) Every person in possession of keys of steel chest for secret and confidential books, shall comply with the orders regarding their custody as prescribed by the Chief of Defence Staff.

57.33—NOT ALLOCATED

[p. 214]

57.34—PROCUREMENT AND DISTRIBUTION

The Director of Ordinance shall be responsible for the procurement, printing, supply and distribution of all books and amendments to them, that are authorized for use in the Armed Forces. (See Article 1.25—"System of Service Regulations and Orders".)

57.35 to 57.50—INCLUSIVE: NOT ALLOCATED

Section 3—Mails

57.51—GENERAL

The handling and distribution of mails shall be conducted in accordance with the postal procedures prescribed by the Ministry.

57.52 TO 57.99—INCLUSIVE: NOT ALLOCATED

[p.215]

CHAPTER 58—EXAMINATIONS

58.01—PREPARATION, SUPPLY AND MARKING OF EXAMINATION PAPERS

(1) The authorities responsible for the preparation, supply and marking of examination papers shall be as prescribed by the Chief of Defence Staff or a Service Commander in respect of examinations peculiar to this Service.

(2) The name of the authority to whom, on completion, the examination papers are to be forwarded for marking shall be communicated by the supplying authority when forwarding examination papers.

58.02—CUSTODY OF EXAMINATION PAPERS

The commanding officer shall be responsible for the safe custody of—

(a) unworked examination papers, which shall be locked up on receipt and handed only to the supervising officer on the day of the examination; and

(b) worked examination papers, which shall be locked up on receipt from the supervising officer until disposed of in accordance with Article 58.05 (Worked Examination Papers).

58.03—SUPERVISION OF WRITTEN EXAMINATIONS

(1) When a written examination is held the Chief of Defence Staff, a Service Commander or Commanding Officer, as appropriate, shall appoint a supervisor or invigilator who shall be of a rank—

(a) at least equal to that of the senior officer or man sitting the examination and in any case not below the rank of sergeant or petty officer;

(b) in the case of an officer's examination, not below the rank of a captain or lieutenant (navy).

(2) The supervisor or invigilator shall—

(a)  arrange for suitable accommodation in which to conduct the examination;

(b) ensure that the necessary stationery is provided at the place of examination;

(c) ensure that all drawings, charts, models, or other sources of information in the room in which the examination is held, are covered or removed prior to the commencement of the examination;

(d) on the day of the examination, obtain from the commanding officer the sealed packet containing the examination papers which he shall open in the presence of the candidates at the time appointed for the examination and distribute to them together with authorized tables as required;

(e) remain present during the entire examination;

[p. 216]

(f) not give any assistance to the candidates concerning the answer to any question contained in the examination paper;

(g) not allow any candidate to leave the examination room within the first half hour;

(h) unless a candidate is accompanied by a responsible person designated by the supervising officer, not permit a candidate to leave the examination room after that time without finally giving up his worked papers;

(i) not admit a candidate who arrives after one or more of the candidates have left the examination room; and

(j) ensure that strict silence is maintained in the examination room.

58.04—INSTRUCTIONS TO CANDIDATES

Before the start of the examination, the supervising officer shall—

(a)  Instruct the candidates to—

(i) write on only one side of the paper,

(ii) leave a margin of one and one-half inches from the left-hand edge of the sheet of paper,

(iii) write their ranks, names, official numbers, service, and the name of the unit or ship in which they are serving at the top edge on each sheet of paper used, or in the space provided at the top of the first page of the examination booklet, as applicable,

(iv) write down the number and part of the question before commencing the answer,

(v) show all the calculations necessary to obtain a mathematical answers,

(vi) do all written work, both rough and fair, in the spaces provided in the examination booklet, when applicable, and

(vii) secure all the sheets together before handing in their worked papers; and

(b) read to the candidates the following warning in the presence of an independent witness:

"WARNING"

Any candidate detected in the examination room—

(i) in possession of a book or manuscript brought with him for his assistance unless it is allowed specifically for that examination, or

(ii) copying from the papers of another candidate, or

[p.217]

(iii) permitting his own papers to be copied, or

(iv) attempting to give or receive assistance of any description will be disqualified, his examination discontinued, and the circumstances reported to the commanding officer.

58.05—WORKED EXAMINATION PAPERS

(1) At the end of the prescribed examination period in each subject, the supervising officer shall—

(a) collect all worked papers, examination booklets and other materials; and

(b) ensure that all worked papers are completed in accordance with Article 58.04 (a) (iii).

(2) The worked papers or examination booklets shall be placed unfolded in an envelope together with—

(a) a list signed by the supervising officer, of the candidates examined, giving their ranks, full names, official numbers, service and the name of their unit or ship;

(b)  a statement signed by the supervising officer that—

(i) he was present during the entire examination, and

(ii) no candidate received assistance during the examination from books or other sources beyond those sanctioned for use at the examination; and

(c) a certificate signed by the supervising officer and the independent witness that the warning prescribed in Article 58.04 was read to the candidates before the beginning of the examination.

(3) The envelope shall then be secured, sealed and marked with the—

(a)  words "Confidential—Worked Examination Papers";

(b)  name of the examination and subject;

(c)  date and hour of the examination; and

(d) name of the unit or ship in which the examination was held and placed in safe custody as prescribed in Article 58.02 (Custody of Examination Papers).

(4) On completion of all subjects, the sealed envelopes together with a statement signed by the commanding officer and the supervising officer certifying that the prescribed order of examination has been strictly observed, shall be enclosed in one package, sealed, and forwarded by registered mail to the authority designated under Article 58.01 (Preparation, Supply and Marking of Examination Papers).

(5) When by reason of the exigencies of the service the examination is held on a date later than that prescribed, the commanding officer shall enter on the certificate prescribed in (4) of this article—

(a)  the reasons and the authority for the postponement; and

[p.218]

(b) a certificate to the effect that there was no possibility of the candidates having become acquainted with the contents of the examination papers before the examination.

58.06—UNUSED EXAMINATION PAPERS

(1) Unused examination papers shall be sealed in an envelope and marked with the—

(a)  words "Confidential-Unused Examination Papers";

(b)  name of the examination and subject; and

(c)  name of the unit or ship which is forwarding the examination papers.

(2) Unused examination papers shall be forwarded by registered mail to the authority designated under Article 58.01 (Preparation, Supply and Marking of Examination Papers).

58.07 TO 58.99—INCLUSIVE: NOT ALLOCATED.

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CHAPTER 59 - 61—NOT ALLOCATED

[p.221]

CHAPTER 62—FLYING OF FLAGS

Section I—Flags on Buildings

62.01—PERSONAL STANDARD

(1) The Personal Standard of the Head of State shall be flown only when the Head of State is personally present in a building or at a parade or on board ships or aircraft.

(2) The flag of the respective country shall be flown from a building when a reigning Sovereign, President, Head of State or a member of a reigning Royal Family is present therein.

62.02—NOT ALLOCATED

62.03—THE NATIONAL FLAG

The Ghana National Flag shall not normally be flown on buildings of the Ghana Armed Forces and shall only be flown as specially ordered.

62.04—THE ARMED FORCES FLAG

The Armed Forces Flag shall be flown from the following Armed Forces Establishments:—

(a)  The office of the Chief of Defence Staff

(b)  The Fort, Kumasi.

62.05—THE SERVICES' FLAGS

(1) The Ghana Army Distinguishing Flag shall be flown in a prominent position in all Army Unit locations, Battalions of infantry are permitted to affix their serial designation on this flag centrally in Roman numerals.

(2) The Ghana Navy Ensign shall be flown in a prominent position in all Naval Shore Establishments.

(3) The Ghana Air Force Ensign shall be flown in a prominent position in all Air Force Formations.

62.06—FLAGS AT HALF-MAST

On the death of the Head of any State recognized by the Government, or of any member of the Ruling House of such State, flags shall be flown at half-mast for such period as the Government may direct.

[p.222]

Section II—Miniature Flags on Motor Vehicles

62.07—The flags prescribed to be flown by vehicles when carrying the under-noted persons are as follows:—

The Head of State     Personal Standard (15" x 9")          

Chief of Defence Staff          The Badge of the Ghana Armed Forces embroidered on a green rectangular background (9" x 6")

Chief of Staff              The Badge of the Ghana Armed Forces embroidered on a blue rectangular background (5" x 9")         

Commander Ghana Army    The Ghana Army Distinguishing Flag of horizontal Stripes of green, yellow and blue (9" x 6") 

Commander Ghana Navy    Ghana Naval Ensign: Comprising the St. George's Cross with the National Flag of Ghana in the upper canton near the mast (9" x 6")      

Commander Ghana Air Force         Ghana Air Force Ensign. In the upper canton near the mast the National Flag on an Air force blue ground, three roundels in the fly green upon yellow upon red (9" x 6")        

Brigade Commanders         A Blue Pennant (9" x 6") with formation insignia. 

Commandant MATS             A Pennant of red and white squares with a cross sword insignia (5" x 9")       

NOIC Naval Base      A White Pennant (5" x 9") with cross of St. George         

Air Force Station Commander        A Flag of Air Force Blue with three roundels in the fly green upon yellow upon red (5" x 9").    

62.08 TO 62.99—INCLUSIVE: NOT ALLOCATED

[p.223]

CHAPTER 63—HONOURS AND SALUTES

Section 1—Honours and Salutes

63.01—GENERAL

The honours and salutes to be given by troops on parade and guards of honour are as follows:—

(1) To the Head of State—

Presidential Salute—Present arms, Colours lowered. The Band will play the whole of the National Anthem.

(2) To the Head of the Commonwealth, Foreign Sovereigns, Presidents, Heads of States, Members of  Reigning Foreign Imperial and Royal Families—

As for (1) of this article except that the whole of the National Anthem of the personage concerned will be played in place of the National Anthem of Ghana.

Note:—On those occasions where a Guard of Honour is provided to receive both the Head of State and a Head of a Foreign State the National Anthem of the visiting personage will be played, followed by the National Anthem of Ghana.

(3) To the Chief of the Defence Staff, the Service Commanders of the Armed Forces when acting in a corporate capacity, Visiting Field-Marshals, Admirals of the Fleet, Marshal of Air Forces or the equivalents of other countries—

A General Salute as in (4) of this article.

Regimental Colours will be lowered.

(4) To Inspection Officers of the rank of Colonel or above or equivalent ranks, and Visiting Generals or equivalent officers of other countries—

General Salute by troops, officers saluting, men Presenting Arms, Colours flying, Bands playing the General Salute.

63.02—SALUTES

(1) Whenever the National Anthem is played as part of a salute or on a parade other than a church parade, all ranks in military uniform not under the orders of an Officer Commanding a parade will salute.

(2) Officers in attendance on the Head of State, the Head of the Commonwealth and visiting Royal personages, will not salute when the National Anthem is played for the Presidential or Royal Salute except on the occasion of Trooping the Colour. When the National Anthem is played on the Presentation of Arms to the Colour, all officers including those in attendance will salute.

(3) On a parade after the Presidential or Royal Salute has been given, the Chief of the Defence Staff alone will be regarded as in attendance and will take up his position in the rear of the President or other personage.

[p.224]

(4) Officers acting in any civil office are entitled during their tenure to all the honours and salutes appertaining to such office.

(5) The compliments directed in these regulations shall be paid to officers in the service of any country formally recognized by the Government of Ghana, according to their respective ranks.

63.03—COMPLIMENTS—OFFICERS AND MEN

(1) Officers or men passing troops or naval landing parties with uncased Colours will salute the Colours.

(2) At the appointed time on Remembrance Sunday which will normally be the second Sunday in November, all troops shall stand at attention for two minutes and all Guards will turn out and Present Arms, to commemorate the wars of 1914-18 and 1939-45.  Flags shall be flown at the masthead.

(3) Officers and men when passing a military funeral shall salute the body.

(4) All officers shall salute their seniors before addressing them on duty or on parade; when swords are not drawn, they will salute with the right hand, in the manner prescribed. Officers, except when their swords are drawn, will return the salute of junior officers and of men. A salute made to two or more officers will be returned by the senior only. A salute made to two or more officers will be returned by the senior only. When not on duty or parade officers under the rank of Major or equivalent shall pay appropriate compliments to all officers of Major or equivalent and above.

(5) All ranks when boarding any Ghana or other Navy ships will salute the Quarter-deck.

(6) Subordinate Officers, Warrant Officers, Non-commissioned Officers and men will salute all Commissioned Officers whom they know to be such, whether in uniform or not. Non-commissioned Officers and men will address Warrant Officers in the same manner as they do to Officers, but will not salute them.

Section 2—Guards of Honour—Entitled Personages

63.04—HEADS OF STATE

A Guard of Honour, not exceeding 96 rank and file, with a captain or officer of equivalent rank in command, two subaltern officers or equivalent rank (one carrying the Colours of the Head of State) and an escort of sergeants will normally be mounted as a mark of respect to a Head of State on a special occasion. This will include all occasions when the Head of State of Ghana or another Head of State leaves or arrives in the country or pays an official visit to a garrison, ship or station, and also certain State ceremonials. A military band shall be in attendance on all such occasions.

[p. 225]

63.05—SERVICE COMMANDERS

A Guard of Honour not exceeding 48 rank and file with two officers (one carrying the Regimental Colour if applicable), with a Band in attendance, may be mounted on the following occasions:—

(a) When a Service Commander first assumes and finally relinquishes his appointment.

(b) To receive distinguished personages as considered expedient.

63.06—SPECIAL OCCASIONS

(1) Guards of Honour will not be detailed when the personages mentioned in Articles 63.04 and 63.05 are merely changing their residence, or are only in transit through Ghana.

(2) When a guard of Honour is to be mounted on the occasion of the arrival in Ghana of a reigning foreign Sovereign. Head of State or a member of a reigning Royal Family, such guard will not be mounted without prior reference to the Ministry of Defence.

(3) Guards of Honour will normally only be mounted between sunrise and sunset.

63.07 TO 63.99-INCLUSIVE: NOT ALLOCATED

[p.227]

CHAPTER 64—INTERNATIONAL RELATIONS

64.01—GENERAL

The purpose of this chapter is to provide a guide for officers and men in their conduct and observance of the laws, customs and procedures which have been followed in the past and which should be followed in the future unless the officers and men concerned have general or specific instructions to the contrary.

64.02—GHANAIAN CITIZENS

The provisions governing Ghanaian citizenship are contained in the Constitution and the Ghana Nationality Decree, 1967 (N.L.C.D. 191).

64.03—NEUTRALITY

When nations at peace with Ghana are in a state of war, or engaged in hostilities, the senior officer present shall ensure that all officers and men under his command—

(a) observe a strict and impartial neutrality between the contending parties; and

(b) respect unreservedly the just exercise of their belligerent rights.

64.04—RESPECT OF TERRITORIAL LIMITS

(1) The senior officer present shall ensure that the territorial limits of nations at peace with Ghana are scrupulously respected by the officers and men, ships and aircraft under his command.

(2) He shall ensure that while in the territorial waters or air over the territory of such nation, ships or aircraft under his command do not exercise authority over persons, ships or other vessels, aircrafts, or goods, not belonging to Ghana.

(3) He shall not allow persons under his command to engage in—

(a)  gun firing; or

(b)  flights in aircraft; or

(c)  hydrographic survey; or

(d)  practices,

within or over the waters or territory of such nation without the permission of the requisite authorities for each place and occasion.

64.05—ENTRY INTO NEUTRAL PORTS

(1) Subject to any limit which neutral authorities may place upon the number of belligerent ships to be admitted into any one of their ports at the same time, when Ghana is at war the senior officer present may enter a neutral port with his ship or ships for the purpose of—

(a)  taking shelter from the enemy; or

(b)  taking shelter from the weather; or

(c)  obtaining provisions or repairs that are urgently required.

[p. 228]

(2) He shall submit to any regulations made by the local authorities respecting the—

(a)  place of anchorage;

(b)  limitation of length of stay in the port;

(c) interval to elapse after a hostile man-of-war or other vessel has left the port before his ships may leave in pursuit; and

(d)  matters of like character.

(3) He shall abstain from any acts of hostility towards the—

(a) subjects:

(b) men-of-war;

(c) vessels; and

(d) other property

of the enemy that he finds in the neutral port.

(4) He shall also abstain from

(a) increasing the number of his gun;

(b) procuring military stores; and

(c) augmenting his crew, even by the enrolment of Ghanaian citizens.

64.06—PROTECTION OF GHANAIAN CITIZENS

The senior officer present shall limit protection of Ghanaian citizens in foreign territory to—

(a)  granting them an asylum on board ship or aircraft; and

(b)  securing them an escape by boats or aircraft when their departure is a measure of necessary precaution.

(2) He shall not interfere by landing an Armed Force unless the lives or property of Ghanaian citizens are actually in danger from violence which cannot otherwise be controlled.

(3) The protection afforded to Ghanaian citizens under this article may be made available to other Commonwealth subjects.

64.07—PROTECTION OF GHANAIAN AND OTHER COMMONWEALTH SHIPS IN FOREIGN PORTS

(1)  The senior officer present shall give all practicable protection in foreign ports to Ghanaian ships and to ships of the other nations of the Commonwealth.

(2) They shall be protected by force only against actual and wrongful violence and where remonstrance with local authorities has failed. (See Articles 64.08—"Coercion of Ghanaian or other Commonwealth Merchant Ship", 64.11—"Remonstrance with Foreign Civil Authorities, and 64.15—"Landing Armed Men").

[p.229]

64.08—COERCION OF GHANAIAN OR OTHER COMMONWEALTH MERCHANT SHIP

(1) If any Ghanaian merchant ship, the nationality of which is unquestioned, is coerced while in a foreign port into the conveyance of troops or any other hostile act, and there is no diplomatic or consular authority present at the port representing Ghana, or the United Kingdom, the senior officer present shall, in order to ensure her release or exemption—

(a)  remonstrate with the local authorities

(b)  take all further steps in accordance with A.F.R. that the case demands.

(2) When there is no diplomatic or consular authority present at the port representing a nation of the Commonwealth the senior officer may give protection to ships of any nation of the Commonwealth under the conditions and in the manner prescribed in (1) of this article.

64.09—REFUGEES

(1) The Captains of Ghana Navy ships or Ghana Air Force aircraft while in a port or airport or the territorial waters of a foreign state—

(a) shall not receive on board any person, even though he is Ghanaian citizen, who is seeking refuge for the purpose of evading the criminal laws, to which he has become amenable, of that foreign state; or

(b) shall not, except in the circumstances described in (3) and (4) of this article, receive on board any person, whether or not he is a political refugee, who is seeking to leave that foreign state in a manner contrary to its laws.

(2) The Captain of Ghana Navy ships or Ghana Air Force aircraft who becomes aware that a person mentioned in (1) of this article is on board shall take whatever steps are necessary to put that person ashore. A person mentioned in (1) (b) of this article may be handed over to the local authorities if they know he is on board and they are waiting ashore to take him into custody. In no circumstances will the local authorities be allowed on board to take him and dependent members of their immediate families.

(3) Subject to (1) (a) of this article, during political disturbances or popular tumults, refuge may be afforded to Ghanaians and other Commonwealth citizens.

(4) Subject to (1) (a)—

(a) of this article, during political disturbances or popular tumults, refuge may be afforded to citizens or subjects of foreign states, including the state being visited who are flying from imminent personal danger.

[p.230]

(b) In such cases care shall be taken that the refugees do not communicate with their partisans from Ghana Navy ships or Ghana Air Force aircraft.

(c) The earliest opportunity shall be taken to transfer the refugees to some nearby place of safety.

(d) Passage shall not be given to foreign refugees except in cases where it has not been possible to comply with the provisions of (c) of this paragraph.

(5) Before taking steps for the reception of refugees on board his ship or aircraft the Captain shall, when circumstances permit communicate with the nearest Ghanaian diplomatic or consular officer or with a Ghana Trade Commissioner, (or in the absence of both, the diplomatic or consular representative of the United Kingdom or other nation of the Commonwealth.

64.10—COMMUNICATION WITH FOREIGN AUTHORITIES

Communication with foreign airport authorities or with the foreign consuls at a foreign port shall be made through the diplomatic or consular authority representing Ghana or the United Kingdom at the place.

64.11—REMONSTRANCE WITH FOREIGN CIVIL AUTHORITIES

(1) Unless a diplomatic or consular officer representing Ghana or the United Kingdom or another nation of the Commonwealth is unavailable, an officer or man shall not make any remonstrance direct to foreign civil authorities.

(2) In cases where no such diplomatic or consular representatives are available any necessary remonstrance shall be made by the senior officer present. (See Article 64.10.)

64.12—JOINT ACTION WITH FOREIGN FORCES

(1) The senior officer present may act in concert with foreign officers when common interests of nationals are involved.

(2) In such cases officers may act jointly with foreign officers so far as amicable representation is concerned, but such concert shall not be carried beyond the limits prescribed for them in cases where Ghanaian interests alone are concerned, as prescribed in Article 64.06 (Protection of Ghanaian Citizens).

64.13—PROTECTION OF FOREIGNERS

(1) Application for the protection of citizens or subjects of a foreign nation at peace with Ghana may be entertained when none of its ships-of-war or aircraft are present.

[p.231]

(2) (a) The application shall be made through the diplomatic or consular authority in the foreign country representing Ghana or the United Kingdom, or if none is available, a diplomatic or consular authority of the other nations of the Commonwealth.

(b) If no such diplomatic or consular authority is available, the senior, officer present may take the action that appears to his judgment to be necessary within the limits prescribed in Article 64.06 (Protection of Ghanaian Citizens).

64.14—RECOURSE TO FORCE

(1) When Ghana is at peace, unauthorized recourse to force can never be sanctioned, except in peculiar and urgent circumstances that do not admit to the delay which reference to superior authority entails.

(2) The justification of an officer who has recourse to force of necessity, depends upon all the attendant circumstances. (See Article 64.06—"Protection of Ghanaian Citizens" and Article 64.08—"Coercion of Ghanaian or other Commonwealth Merchant Ship".)

64.15—LANDING ARMED MEN

Subject to Article 64.06 (Protection of Ghanaian Citizens) and 64.08 (Coercion of Ghanaian or other Commonwealth Merchant Ship), no armed force shall be landed on foreign soil from any ship or aircraft for exercise or any other purpose, without permission of the local authorities.

64.16—PIRATICAL ACTS AND FOREIGN INSURGENTS

(1) If any armed vessel commits piratical acts or outrages against the vessels and goods of Ghanaian citizens or against the nationals, of any foreign nation at peace with Ghana, the vessel shall be seized and detained by any Ghana Navy ships falling in with her, and sent, with her Master and crew in safe custody together with the necessary witnesses to prove the act or acts, to a port of Ghana, or a foreign nation at peace with Ghana or the Commonwealth where there is a court of competent jurisdiction for the trial of offences committed on the high seas, to enable them to be dealt with according to law.

(2) In the event of an attack by a ship in possession of foreign insurgents against—

(a) their own domestic government;

(b) ships-of-war of that government;

(c) merchant ships belonging to their own country; or

(d) the cities, ports or people within the territorial limits of their own nation,

Ghana Navy ships have no right to interfere, except as provided in Article 64.06 (Protection of Ghanaian Citizens), and then the operation shall be restricted to the acts necessary to attain the precise object in view.

[p. 232]

64.17—DEALINGS WITH FOREIGNERS

(1) In all dealings with foreigners, officers and men shall show an example of moderation and courtesy.

(2) (a) They shall preserve a strict neutrality in all cases of civil discussion, and shall not interfere directly or indirectly in any political question which is in agitation.

(b) In the absence of a diplomatic or consular officer representing one of the nations of the Commonwealth, the senior officer present shall urge upon all Ghana subjects present a like forebearance.

64.18—LEAVE IN FOREIGN PORTS

(1) The senior officer present shall not permit leave to be given to large bodies of men in foreign ports or airports without prior permission of the local authorities.

(2) He shall not allow any measure to be taken for apprehending leave breakers without such permission.

64.19—CONDUCT IN FOREIGN COUNTRIES

(1) When visits are paid to foreign ports or places, particular care shall be taken to avoid giving any just cause of offence or dissatisfaction to the authorities or other inhabitants.

(2) Due deference shall be shown to—

(a) the established rights;

(b) local regulations;

(c) ceremonies; and

(d) customs,

peculiar to the port or place.

(3) Officers and men shall endeavour by their correct conduct to ensure the goodwill and respect of the authorities and other inhabitants.

64.20—FOREIGN SHIPS IN GHANAIAN AND COMMONWEALTH PORTS

When a ship-of-war or aircraft of a foreign nation at peace with Ghana visits a port (in the Commonwealth), in which Ghana Navy ships or aircraft are present, care shall be taken that the regulations prescribed in Article 64.21 (Relations with Foreign Officers) are complied with according to the circumstances.

64.21—RELATIONS WITH FOREIGN OFFICERS AND MEN

(1) The senior officer present shall ensure that all officers and men under his command show in their relation with foreign officers and men of a nation at [p. 233] peace with Ghana whom they meet within any place, the attention and respect to which their rank and condition entitle them.

(2) He shall also ensure that they are offered any assistance of which they stand in need, and as officers and men of a nation at peace with Ghana may reasonably expect.

(3) Officers and men who meet foreign officers and men in any place, shall, in addition to fulfilling all the obligations of international courtesy, be careful to avoid causes of offence and to show a high example of deference to the regulations and customs of the country. (See Article 64.19—"Conduct in Foreign Country".)

64.22—NOT ALLOCATED

64.23—ILL-TREATMENT OF GHANAIAN SEAMEN

(1) (a) If it comes to the notice of the senior officer present that a seaman who is a Ghanaian national serving in a foreign merchant ship is being ill-treated, he shall at once inform the consul representing Ghana or if none is available, the consul representing another foreign nation at peace with Ghana.

(b) If there is no such consular officer available, he shall inform the local authorities of the circumstances.

(2) The protection afforded to Ghanaian nationals under this article may be made available to other citizens of nations at peace with Ghana.

64.24—DISTRESSED GHANAIAN NATIONALS

(1) No person shall be received on board any Ghana Navy ship or Ghana Air Force aircraft as a distressed Ghanaian national at a place where there is a Consular Officer representing Ghana or a Ghanaian Trade Commissioner, (or a Consular Officer representing one of the other nations of the Commonwealth), without a requisition from the appropriate official. (See Articles 64.06—"Protection of Ghanaian Nationals", and 64.09—"refugees".)

(2) If there is no such official present, the senior officer shall exercise his discretion in regard to the claim of any applicant for a passage at public expense.

(3) The relief shall only be granted in cases of destitution, and in his request for passage, the distressed person shall state fully in writing the circumstances under which he has requested the passage.

64.25 TO 64.30—INCLUSIVE: NOT ALLOCATED

64.31—FOREIGN SUBMARINES IN GHANAIAN WATERS

No foreign submarine or submersible vessel shall be permitted to submerge within, or while submerged to enter, the territorial waters of Ghana.

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64.32—EXERCISES BY FOREIGN SHIPS-OF-WAR IN GHANAIAN PORTS

(1) Foreign ships-of-war visiting a port or habour in Ghana shall not carry out—

(a)  torpedo practices; or

(b)  gunnery practices; or

(c)  mining exercises; or

(d)  searchlight exercises; or

(e)  exercises with armed boats; or

(f)  flights in their aircraft; or

(g)  hydrographic surveys; or

(h)  radar exercises alongside in harbour;

without special permission of the senior naval officer present, who shall consult with the Navy Commander.

(2) If there is no naval officer present, permission shall be sought from the senior military officer present, or failing him, from the appropriate civil authority. 

(3) Prior to granting such permission, the senior officer, the Officer Commanding the Command, the Area Commander, or appropriate civil authority shall obtain the approval of Naval Headquarters.

64.33—VISITS OF FOREIGN SERVICE AIRCRAFT TO GHANA

If any foreign ship-of-war proposing to visit a Ghanaian harbour or port, is accompanied by service aircraft not carried on board, this fact together with the number and type of aircraft shall be required to be stated in the notice of the proposed visit.

64.34—FLIGHTS OVER GHANAIAN TERRITORY BY FOREIGN SERVICE AIRCRAFT

(1) Except where necessary on their arrival and departure with the ships-of-war they accompany, foreign service aircraft shall not fly over the territory or territorial waters of Ghana without the special permission of the Air Force Headquarters.

64.35 TO 64.39—INCLUSIVE: NOT ALLOCATED

64.40—LIBERTYMEN FROM FOREIGN SHIPS-OF-WAR

(1)  Captains of foreign ships-of-war at a Ghanaian port may grant leave to unarmed men for the purpose of recreation without the prior approval of the senior officer present, or of the local military or civil authorities.

(2) The senior officer shall arrange that such facilities as the circumstances permit are granted to them.

 [p.235]

64.41—SHORE PATROLS FROM FOREIGN SHIPS-OF-WAR

Unarmed shore patrols from foreign ships of war may be landed in Ghanaian ports to assist the local police in controlling their libertymen under the conditions of Article 64.42.

64.42—LANDING OF LARGE PARTIES OF FOREIGN NAVAL PERSONNEL AT A GHANAIAN PORT

(1) With the prior approval of the Ministry, the Captains of foreign ships-of-war in Ghanaian ports may land large numbers of men or bodies of men in military formation.

(2) When permission is granted the senior officer shall arrange that such facilities as the circumstances permit are granted to them.

64.43—LANDING ARMED PARTIES FROM FOREIGN SHIPS-OF-WAR FOR FUNERALS OR CEREMONIES

Armed parties may be landed from foreign ships-of-war in Ghanaian ports to take part in funerals or public ceremonies under the conditions of Article 64.42.

64.44—WEARING OF SWORDS BY FOREIGN OFFICERS IN GHANAIAN PORTS

Officers of foreign ships-of-war in Ghanaian ports may wear their swords ashore without the prior permission of local naval, military or civil authorities.

64.45 TO 64.99—INCLUSIVE: NOT ALLOCATED

[p.237]

CHAPTER 65—MILITARY FUNERALS

Section I—General Instructions

65.01—A military funeral may be accorded to an officer or man buried in the district or garrison in which he was serving at the time of death.

65.02—MILITARY HONOURS

An officer will not be buried with military honours unless he was, at the time of his death, holding an official military appointment. Honours will not be paid officially at the funerals of other officers or discharged soldiers. They may however be authorized as a special case, at the discretion of the Chief of Defence Staff, provided that no public expense is incurred.

65.03—SALUTES

Military funerals will be saluted as follows except where the religion of the deceased forbids the use of firearms:

Major-General           13 Guns         

All other officers and other ranks     3 Volleys small arms

The escorts will not exceed: —                   

Major-General           1,500 

Brigadier        1,200 

Colonel           1,000 

Lieutenant-Colonel in Command    His own battalion or equivalent       

Lieutenant-Colonel (other than those in command)         

300    

Major  200    

Captain          100    

Subaltern          60     

Warrant Officer            30     

Other Rank       15     

65.04—PALL-BEARERS

At the funeral of an officer, warrant officer or other rank the pall will be supported by officers, warrant officers or servicemen of the same rank as that held by the deceased or, if a sufficient number of that rank cannot be obtained, by such officer, warrant officers or servicemen as the Chief of Defence Staff may wish to invite.

[p. 238]

65.05—ATTENDANCE

Subject to Article 65.02, in addition to the firing party and escort the military funeral of any officer will be attended by the officers, that of a warrant officer by the warrant officers, that of a sergeant by the sergeants, and that of a corporal by the corporals, of the unit to which the deceased belonged.

Section II—The Firing Party

65.06—COMPOSITION OF FIRING PARTY

(1) A firing party consisting of one sergeant, one corporal and 12 privates, will attend to fire volley at the funeral of all officers below the rank of major-general and men except that a firing party will not be provided for the funerals of deceased persons belonging to a religion which forbids the firing of volleys at funerals. The firing party must not be confused with the escort under Article 65.03 above, and the special party under Article 65.05.

(2) A firing party will not attend, as such, on the occasion of the funeral of a major-general, its place being taken by a leading detachment from the escort (see Article 65.03 of a strength of 1 sergeant, 1 corporal and 12 privates).

(3) In marching in slow time arms will be carried at the Reverse, in quick time at the Trial.

(4) During the march, arms may be changed, but the party will not march at ease.

65.07—THE BEARER PARTY

(1) The bearer party will consist of an officer, warrant officer or NCO in charge and eight bearers, the rank of whom will depend upon the rank or status of the deceased. The commander will see that the flag, head-dress, side-arms and wreaths are properly arranged on, and tied to, the coffin to prevent them from falling.

(2) In the case of funerals of senior officers, the coffin should be carried by senior warrant officers or Non-Commissioned Officers.

Notes: (a) Bearers are the personnel who carry the coffin and must not be confused with pall-bearers, as laid down in Articles 65.04.

(b) Wreaths not on the coffin will be carried immediately in the rear of it.  Wreaths which cannot be carried on foot will follow the rear escort in a vehicle.

[p.239]

65.08—ORDER OF FORMING UP

(1) The firing party or leading detachment will be drawn up two deep, with sloped arms, one pace interval between files, facing the building where the body is placed. The corporal will be on that flank of the front rank towards which the procession will move. The sergeant will give all words of command and be posted in rear of the centre. As soon as the body is brought out of the building by the bearers, the sergeant in charge of the firing party or leading detachment will give the command “PRESENT ARMS”. When the coffin has been placed on the gun carriage or in the hearse and the cortège is ready to move off, he will be attended by the company, etc. (officers included) to which he belonged.

When attending service funerals and associated memorial services held on the same day, officers and warrant officers will wear a mourning band of black crepe or black cloth, 3½-inch wide, half-way between the left elbow and shoulder.

An officer or warrant officer in private mourning may, when in uniform, wear a mourning band as described above. A Non-Commissioned Officer or man may similarly, whether in private mourning or at a military funeral, wear a mourning band of black material should he wish to do so.

(2) Provided that it is the wish of the next of kin, a service representative may attend, at public expense, the privately arranged funeral in Ghana of an officer or man.  Subject to the exigencies of the Service, the service representative will be from the unit in which the deceased was serving at the time of his death.  Whenever possible the service representative will accompany the coffin to the home of the deceased.

(3) The colours of units forming part of the escort will be carried irrespective of whether the escort is wholly included in the procession or is partially employed in lining the route. No compliments, however, will be paid them by any units, parties or individuals, whether military or civil, parading on account of the military funeral until such units, parties or individuals shall have ceased to be in charge of or in attendance upon the coffin containing the remains of the deceased, to which alone the usual compliments will be paid.

(4) At funerals where troops are detailed to line the route, they will be required to “Present Arms” to the funeral procession first and “Reverse Arms” before again “Resting on their Arms Reversed”. They will normally “Present Arms” as the head of the funeral party approaches them, and “Rest on their Arms Reversed” as the firing party approaches.

(5) At funerals of senior officers the arrangements will be made by the Ministry of Defence. If after the detailing of certain part of the escorts to line the route, a large portion is still available the escort will march by companies, in threes at the head of the procession, and in front of the band and drums. In such cases arrangements will be laid down by the Ministry of Defence for the disposal of the escort on arrival at the cemetery.

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(6) Officers attending funerals as mourners will not draw swords, and with other ranks (except the firing party) will march in order of seniority from front to rear.

(7) Officers wearing swords and on duty with troops will draw swords, but will return swords before reaching the actual place of burial.

(8) After the burial the flag will be full-masted to denote the end of military mourning. Mourning bands will be removed by personnel after return to barracks.

Note:—When the time and standard of training do not allow the full detail to be taught, a simplified drill will be observed order “Reverse Arms …. Right (or Left) Turn, (the corporal taking up his place two paces in front and midway between the ranks) Slow March”.

(9) The military mourners, band and drummers, with drums muffled, will have formed up in two ranks facing inward, with two paces interval between men and eight spaces distance between ranks; the firing party or leading detachment and the remainder of the leading portion of the procession will pass between the ranks.

Section III—The Procession

65.09—MOVEMENT OF PROCESSION

The procession will then move off in the following order:—

(a) Escort

(b) Firing party (when detailed) or leading detachment

(c) Band and drums

(d) Body on gun carriage or vehicle Pall-bearers  Bearers (see Note (b)  below )

(e) Insignia bearers (who should be nominated by the family of the deceased, and will normally be Officers)

(f) The chief mourners (see Note  (c))

(g)The President’s special representative when the President is represented

(h) Mourners in uniform in order of seniority, the senior leading

(j)  Mourners not in uniform

(k) Rear detachment

(l) Motor-cars or other vehicles, unless directed by separate route.

Notes.—(a) All ranks on the active list, and officers not on the active list who are in possession of uniform, will wear uniform when taking part in the procession on occasions when military honours are accorded at the funeral of an officer or man.

[p. 241]

(b) The bearers will march on either side of and next to the gun carriage or vehicle, except when pall-bearers are present, in which case the pall-bearers will march immediately on either side of the gun carriage or vehicle, and the bearers on the outer flanks at two paces interval. The position of the pall-bearers will be in order of seniority alternately on either side of the coffin, the senior being in rear on the right-hand side, the next senior in rear on the left-hand side, and so on.

(c) Should the mourners, for any reason, not be able to walk in the procession they will proceed by car by a separate route.

Section IV—Procedure at Funerals

65.10—PROCEDURE ON ARRIVAL AT THE PLACE OF INTERMENT

(1) When the head of the procession arrives near the ground where it is to meet the officiating minister, and before the sergeant in charge of the firing party or leading detachment gives the command “Halt” the ranks of the firing party or detachment at the head of the procession, and the band and drums, will open out to six paces distance, and will halt at the command of the sergeant in charge of the firing party or leading detachment. The order “Inwards Turn …. Rest on Your Arms Reversed” will then be given.

(2) The coffin will then be moved by the bearers and carried feet and foremost to the place of interment (or to the chapel if desired). It will be placed in position on wooden bearers immediately over the grave. Members of the deceased’s religion will take the body from the bearers at the entrance to the cemetery where this is dictated by religious custom.

(3) The order of the procession will now be: officiating minister, body with pall-bearers and bearers (the former walking behind the body should the path be too narrow to admit of their remaining in their correct positions) mourners, band and drums, firing party. Should the band be required to take part in the service, they and the drums may precede the body to the grave in quick time, in which case they will not open out and halt as detailed in Article 65.10 (1).

(4) The mourners will then file around the grave, halt and turn inward without word of command. The firing party will follow the mourners and will be halted near the grave under the order of the sergeant in charge, who will give the following commands:

“Attention ….Reverse Arms…..Ranks, Right and Left Turn….Slow March ….  Halt …. Left turn …. Rest on Your Arms reversed”.

(5) The leading detachment (if present) will be halted at some convenient prearranged position at the graveside.

[p. 242]

65.11—PROCEDURE DURING THE SERVICE

(1) During the service at the graveside (except when actual burial takes place in a sacred building) the headdress of those attending in uniform will not be removed except that of the bearers when actually carrying the coffin.

Note. —The headdress of bearers will be carried by a Non-Commissioned Officer or by drummers to be specially detailed.

(2) As soon as the chief mourners are in position and the officiating chaplain is ready to begin the burial service the bearers will raise the coffin from the wooden bearer and lower it into the grave, having first removed the flag, headdress, sidearms, wreaths, etc., from the coffin.

Once the coffin has been lowered the bearers will move from the grave side and replace their head-dress.

(3) At the conclusion of the service, if volleys are to be fired the sergeant will order:—

“Firing Party, Present Arms …. Slope Arms”.

“Firing Party, Volleys with Blank Cartridges,

Load …. Present …. Fire”.

(Two more volleys will be similarly fired).

“Unload”

“Order Arms”

“Fix Bayonets”

“Slope Arms”

“Present Arms”

If no volley is fired the sergeant will order:

“Detachment Present Arms”

“Slope Arms”

“Order Arms”

“Fix Bayonets”

“Slope Arms”

“Present Arms”

(4) The trumpeters or buglers will then sound the Last Post—a short interval—then the Rouse. During the sounding of these calls all troops under arms (except the firing party or detachment) will stand at attention. Officers will remain at the salute during the Last Post and the Rouse.  The Last Post and Rouse will not be sounded at the funeral of a person whose religion forbids the playing of trumpets or bugles at a funeral.

(5) The firing party or detachment will slope arms, the command being given immediately after the sounding of the Rouse has ceased.

[p.243]

65.12—PROCEDURE FOR DISPERSAL

(1) The band and drums will be formed up ready for moving off.  The sergeant in charge of the firing party or leading detachment will now give the commands:

“Form Threes, Right, Quick March”.

(2) The band and drums will lead, followed by the firing party and military mourners, who will form threes without word of command as they march off.  The band will not play, nor the drums beat, until the party is entirely clear of the burial ground.

(3) Bayonets will be unfixed at the earliest opportunity after leaving the place of burial.

65.13—PROCEDURE FOR THE FIRING OF VOLLEYS

(1) The procedure by the firing party for firing the three volleys will be as follows:—

(a) “Volleys (with Blank Cartridges)—Load”.

Adopt the loading position; load—the muzzles of the rifles to be inclined upwards so as to clear the heads of the men in front.

(b) “Present”.—Rifles will be brought to the position for firing but at an angle of 135 degrees. Heads to be kept perfectly still and no attempt made to aim.

(c) "Fire".—Each man will at once press the trigger, remaining at the Present until the command “Reload” or “Unload” is given.

(d) Two more volleys will be similarly fired.

65.14—PROCEDURE FOR CARRYING THE COFFIN

(1) The coffin will always be carried feet and foremost and normally the bearers will work on the word of command of the officer, warrant officer or Non-Commissioned Officer in charge of the bearer party. Words of command will be given in a quite low tone, e.g., “Prepare to Lift—Lift….Slow March….Halt….Prepare to Lower—Lower”. These movements cannot be controlled by signal and should always be ordered by word of command.

(2) When in the lift position the bearer party should be evenly spaced four on each side of the coffin, their arms crossed and around each others shoulders, the coffin resting on the shoulder with the face close to the side of the coffin itself. The head-dress of the bearers will be carried by a Non-Commissioned Officer or by drummers to be specially detailed.  The bearers will step off with the inside foot to avoid undue rocking of the coffin.

(3) The Non-Commissioned Officer in charge of the bearer party will march two paces in the rear and in the centre of the bearer party.

65.15 TO 65.99 NOT ALLOCATED

CHAPTERS 66 TO 100 INCLUSIVE: NOT ALLOCATED

VOLUME II

(Discipline)

CHAPTER 101—GENERAL PROVISIONS RESPECTING THE CODE OF SERVICE DISCIPLINE

101.01—MEANING OF "COMMANDING OFFICER"

(l) For the purpose of proceedings under the Code of Service Discipline "commanding officer" includes:—

(a) a detachment commander; and

(b) in relation to an accused person,

(i) the commanding officer of the station, unit or ship to which the accused belongs or, except in the case of a detention barrack, the commanding officer of the station unit or ship in which the accused is present when any proceedings in respect of him are taken under the Code of Service Discipline, and

(ii) who is a commanding officer, the next superior officer to whom he is responsible in matters of discipline, or such other officer as the respective Service commander may designate.

(2) The powers of punishment of a detachment commander shall be subject to such limitations as may be imposed by his commanding officer.

NOTES

A "detachment commander" is the senior officer in charge of a part of a unit separated from the remainder of the unit and operating under conditions under which the commanding officer of the unit cannot effectively exercise his disciplinary powers as commanding officer over the part so separated. Where a detachment is specially formed to operate under these circumstances, the commanding officer should normally appoint the senior officer in charge to be detachment commander and in that case the appointment should be in writing and may contain any limitation of powers of punishment imposed by the commanding officer.

Where, however, the situation arises otherwise than by arrangement, the existence of the detachment and therefore the powers of a detachment commander follow from the factual situation. In both these cases however the detachment must be geographically so separated from the remainder of the unit under conditions that the commanding officer of the unit cannot effectively exercise his disciplinary power before the detachment commander becomes a commanding officer under this provisions.

101.02—MEANING OF "DISMISSED"

For the purposes of proceedings under the Code of Service Discipline, "dismissed" refers to a formal decision by a competent authority that a charge should not be further proceeded with. A charge may be dismissed at any time before a finding of not guilty or guilty has been made.

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NOTES

(a) A court martial has no power to dismiss charges.

(b) A dismissal of a charge operates under section 81 of the Armed Forces Act, 1962 as a plea in bar of trial.

(See article 102.17—"Previous Acquittal or Conviction.")

101.03—HOW RANKS SHALL BE CONSTRUED

For the purposes of proceedings under the Code of Service Discipline every reference to the rank of an officer or man means the highest rank he holds, whether substantive, temporary or acting, exclusive of honorary rank.

101.04—EFFECT OF NOTES

The notes appended to articles in AFR are for the guidance of officers and men. They shall not be construed as if they have the force and effect of law, but they should not be deviated from without good reason.

NOTES

The notes are based upon decisions of the civil courts, principles stated in legal text-books and opinions of legal authorities.

101.05—RESTITUTION OF PROPERTY AND RETURN OF EXHIBITS

(1) Where a person is convicted of an offence under the Code of Service Discipline, the service tribunal shall order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it, if at the time of the trial the property is before the service tribunal or has been detained, so that it can be immediately restored to that person under the order.

(2) Where an accused is tried for an offence but is not convicted, and it appears to the service tribunal that an offence has been committed, the service tribunal may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it, if at the time of the trial the property is before the service tribunal or has been detained, so that it can be immediately restored to that person under the order.

(3) An order shall not be made under this article in respect of:

(a) property to which an innocent purchaser for value has acquired lawful title,

(b) a valuable security that has been paid for or discharged in good faith by a person who was liable to pay for or discharge it, or

(c) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed.

[p.3]

(4) An order made under this article shall be executed by the persons by whom the process of the service tribunal is ordinarily executed.

(5) Any exhibit submitted to a service tribunal which has not been restored under (1) of this article to the person apparently entitled to it, may, if the Judge Advocate-General approves, be returned to the person apparently entitled to it.

101.06—EFFECT OF IRREGULARITIES IN PROCEDURE

(1) A finding made or a sentence passed by a service tribunal shall not be invalid by reason only of deviation from the procedure prescribed in AFR unless it appears that injustice has been done to the accused person by such deviation.

(2) Nothing in paragraph (1) shall be construed as relieving an officer or man of the consequences of contravention of the provisions of AFR.

NOTES

(a) Paragraph (1) is intended to prevent the ends of justice being defeated in consequence of defects, usually of a technical nature, in matters of procedure which do not affect the merits of the case.

(b) For the effect of deviation from forms, see article 1.12.

101.07—INTERPRETATION OF CHARGES

In the construction of a charge sheet, charge report or charge there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed in the charge sheet, charge report or charge. The statement of the offence and the particulars of the offence shall be read and construed together.

101.08—CASES NOT PROVIDED FOR IN AFR

When, in any proceedings under the Code of Service Discipline, a situation arises that is not provided for in AFR or in orders or instructions issued to the Armed Forces by the Chief of Defence Staff, the course that seems best calculated to do justice shall be followed.

101.09—JOINT TRIALS

(1) Except as provided in (2) of this article, accused persons shall both be tried together by court martial.

(2) The Chief of Defence Staff or an officer appointed by him for that purpose, may order that any number of accused persons be charged jointly and tried together by court martial for an offence alleged to have been committed by them collectively.

[p.4]

(3) When, in pursuance of an order made under (2) of this article, a court-martial is convened to try persons charged jointly, an accused person may apply to the authority who convened the court martial to be tried separately, on the ground that the evidence of one or more of the accused persons whom it is proposed to try with him will be material to his defence. If the authority to whom application is made is satisfied that the application is well founded he shall convene a separate court martial for the trial of the applicant.

NOTES

(a) The many and serious complications involved in trial of persons charged jointly make it undesirable that more than one person at a time be tried by a single court martial. Application for the joint trial of two or more persons by a court martial should only be made when special circumstances indicate that this may be the proper course to follow.

(b) The provisions of this article apply only to courts martial but commanding officers should not, without special reasons for so doing, try two or more persons together.

101.10—LOSS OF RECORD OF PROCEEDINGS OF COURT MARTIAL

If, at any time, the original record of the proceedings of a court martial or any part of the original record of proceedings is lost, a valid and sufficient record of the trial for all purposes may be made:

(a) by the signature of the president or of the judge advocate at the trial being affixed to a copy of the record of proceedings, or

(b) if there is no copy of the record of proceedings, by the president or judge advocate stating in writing the substance of the charge, finding, sentence, and transactions of the court, the statement being authenticated by the signatures of the members of the court.

101.11—REPROOF (ARMY AND AIR FORCE)

(1) A reproof may be given to an officer or warrant officer by:

(a) the Chief of Defence Staff;

(b) a Service Commander;

(c) a superior commander;

(d) a commanding officer; and

(e) such other service authorities as the Chief of Defence Staff may prescribe or appoint for that purpose.

(2) A reproof shall be reserved for conduct which although reprehensible is not of sufficiently serious nature in the opinion of the officer administering a reproof to warrant being made the subject of a charge and brought to trial. A reproof is not a punishment and shall not be referred to as such.

[p.5]

(3) A reproof shall not be entered on a conduct sheet but a record of it shall be made and maintained among the service records of the officer or warrant officer concerned for a period of twelve months from the date of the reproof. Immediately upon the expiry of the twelve-month period the record of the reproof shall be destroyed.

(4) Conduct for which a reproof has been administered should not subsequently form the subject of a charge.

101.12—LOGGING CONDUCT OF OFFICERS (NAVY)

(1) Logging is a record of conduct of an Officer which in the opinion of the Captain, while it is not sufficiently reprehensible to warrant trial by court martial, or, in the case of officers below the rank of lieutenant-commander, summary trial by superior commander, should be recorded (to permit its being taken into account if the officer is subsequently convicted for another offence committed in the same ship or fleet establishment).

(2) When the Captain decides to log the conduct of an officer he shall:

(a) have a statement of the facts prepared on the day of logging;

(b) arrange to have the officer read the statement and sign it;

(c) cause the statement to be entered in the Ship's Log when the book is closed for the month and out of general use;

(d) arrange for the officer to sign the entry in the Ship's Log as soon as it is made;

(e) certify the statement to be a true copy of the entry in the Ship's Log; and

(f) retain the certified copy for use at any subsequent conviction as prescribed in (1) of this article.

(3) In shore establishments where a Ship's Log is not carried, sub-paragraphs (c), (d) and (e) of paragraph (2) do not apply.

(4) If the Captain decides that a permanent record should be made, he shall send a report of the logging to the Senior Officer in Chief Command (through the Senior Officer in Command when applicable) for a decision as to whether it shall be reported to Naval Headquarters.

(5) When the ship is paid off, the Captain shall cause the copy retained under (2) (f) of this article to be destroyed.

(6) Logging is not a punishment and shall not be referred to as such. Conduct for which an officer is logged should not subsequently form the subject of a charge.

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101.13—WARNING OF PERSONS IN CUSTODY OR SUSPECTED OF HAVING COMMITTED AN OFFENCE

(1) When endeavouring to discover the author of a crime there is no objection to an investigator putting questions in respect thereof to any person or persons, whether suspected or not, from whom he thinks useful information can be obtained.

(2) When a charge has been laid against an accused a caution in the following form should be administered before any statement is taken from him:

"You are not obliged to say anything. You have nothing to fear from any threat and you have nothing to hope from any promise whether or not you do say anything, but anything you say may be taken down in writing and may be used as evidence. Do you fully understand this warning”?

(3) When no specific charge has been laid against a person but it is suspected that he may be implicated in an offence, or if the person is held in custody on a charge and is being reinterrogated, the following form of caution should be used before a statement is taken from that person:

"Before you say anything relating to any charge which has been or may be preferred against you, you are advised that you are not obliged to say anything, but anything you say may be taken down in writing and may be used as evidence. Do you fully understand this warning?"

(4) A statement made by a person in custody, or being interrogated under (1) of this article, before there is time to caution him, is not rendered valueless merely because no caution was given, but in such a case he should be cautioned as soon as possible so that he is clearly made aware of his position before making further statements.

(5) When two or more persons are charged with the same offence and statements are taken separately from the persons charged, the investigator should not read these statements to the other person charged but each of such persons should be furnished by the investigator with a copy of such statements and nothing should be said and done by the investigator to invite a reply. If the person charged desires to make a statement in reply the usual caution should be administered.

(6) A person in custody making a voluntary statement should not be cross-examined but this does not preclude the putting of questions to remove ambiguity or to clear up points in his statement, or to indicate other aspects of the matter which the person in custody may wish to include in his statement.

(7) Statements made by persons accused of an offence should be reduced to writing in the exact words of the accused while they are being made or as soon thereafter as is practicable and the statement should be signed by the accused in the presence of one or more witnesses.

[p.7]

NOTES

(a) The provisions of this article are intended as a guide only and the fact that a caution has or has not been administered in accordance therewith will not of itself render the confession admissible or inadmissible in evidence. For the purpose of admissibility in evidence it will always be a question of fact as to whether any confession was freely and voluntarily made.

(b) Oral and written statements by an accused may be admissible in evidence and if they are admitted it is the exact words of the accused which are of importance. Writing them down and having them signed serves to avoid argument as to what the accused actually did and satisfy a court as to the reliability of his memory and of his report as to them, are just as receivable in evidence as if they were in writing.

101.14 TO 101.99—INCLUSIVE: NOT ALLOCATED

[p.8]

CHAPTER 102—DISCIPLINARY JURISDICTION

Section 1—Jurisdiction—Persons

102.01—PERSONS SUBJECT TO THE CODE OF SERVICE DISCIPLINE

Section 12 of the Armed Forces Act 1962 provides in part:

"12 (1) The following persons, and no others, shall be, subject to the Code of Service Discipline:

(a) every officer and man of each Regular Force;

(b) every officer and man of each Regular Reserve, Volunteer Force and Volunteer Reserve when he is—

(i) undergoing drill or training whether in uniform or not,

(ii) in uniform,

(iii) on duty,

(iv) on continuing, full time military service,

(v) on active service,

(vi) in or on any vessel, vehicle or aircraft of the Armed Forces or in or on any defence establishment or work for defence,

(vii) serving with any unit or other element of a Regular Force, or

(viii) present, whether in uniform or not, at any drill or training of a unit or other element of the Armed Forces;

(c) subject to such exceptions, adaptations, and modifications as the President may by regulations prescribe, a person who pursuant to law is attached or seconded as an officer or man to one of the Armed Forces;

(d) every person, not otherwise subject to the Code of Service Discipline, who is serving in the position of an officer or man of any force raised and maintained out of Ghana and commanded by an officer of the Armed Forces;

(e) every person, not otherwise subject to the Code of Service Discipline, who accompanies any unit or other element of the Armed Forces that is on service in any place;

(f) every person, not otherwise subject to the Code of Service Discipline, who, in respect of any service offence committed or alleged to have been committed by him, is in civil custody or in service custody; and

(g) every person, not otherwise subject to the Code of Service Discipline while serving with the Armed Forces under an engagement whereby he agreed to be subject to that Code.

[p.9]

(2) Every person subject to the Code of Service Discipline under subsection (1) at the time of the alleged commission by him of a service offence shall continue to be liable to be charged, dealt with and tried in respect of that offence under such Code of Service Discipline notwithstanding that he may have, since the commission of that offence, ceased to be a person mentioned in that subsection.

(3) Every person who, since the alleged commission by him of a service offence, has ceased to be a person mentioned in subsection (1), shall for the purposes of the Code of Service Discipline, be deemed, for the period during which under that Code he is liable to be charged, dealt with and tried, to have the status and rank that he held immediately prior to the time when he ceased to be a person mentioned in that subsection".

102.02—OFFICERS AND MEN DEALT WITH BY OWN SERVICE

Section 12 of the Armed Forces Act 1962 provides in part:

"12 (4) Subject to subsections (5) and (6), every person who is alleged to have committed a service offence may be charged, dealt with and tried only within the Armed Force in which he was commissioned or enrolled".

(See article 102.03—"Attachment and Secondment—General" and article 102.06—"Persons embarked in Vessels and Aircraft—General".)

102.03—ATTACHMENT AND SECONDMENT—GENERAL

Section 12 of the Armed Forces Act 1962 provides in part:

"12 (5) Every person who, while attached or seconded to an Armed Force other than the Armed Force in which he was commissioned or enrolled, may be charged, dealt with and tried either within that other Force, as if he belonged to that other Force, or within the Force in which he was commissioned or enrolled."

102.04—OFFICERS AND MEN ATTACHED OR SECONDED TO A SERVICE OTHER THAN PARENT SERVICE

When an officer or man of the army, navy or air force, while attached or seconded to a Service other than his parent Service is alleged to have committed a service offence, a commanding officer, before initiating disciplinary action, should, where practicable and if the discipline of his unit will not be prejudiced, cause the matter to be referred to an officer of the Service of the alleged offender with a view to ascertaining whether or not that Service wishes to deal with the case, and, when it so wishes, the commanding officer should, unless other circumstances intervene, take steps to deliver the officer or man over to that Service (See article 114.08—"Approval of Dismissal with Disgrace")

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102.05—NOT ALLOCATED

102.06—PERSONS EMBARKED IN VESSELS AND AIRCRAFT—GENERAL

Section 12 of the Armed Forces Act 1962 provides in part:

"12 (6) Every person who, while embarked on any vessel or aircraft of an Armed Force other than the Force in which he was commissioned or enrolled is alleged to have committed a service offence, may be charged, dealt with and tried either within that other Force as if he belonged to that other Force, or within the Force in which he was commissioned or enrolled" .

102.07—NOT ALLOCATED

102.08—PERSONS SERVING IN POSITION OF OFFICERS AND MEN—IN FORCES RAISED OUT OF GHANA BY GHANA

Section 12 of the Armed Forces Act 1962 provides in part:

“12 (7) Every person serving in the circumstances specified in paragraph (d) of subsection (1) who while so serving is alleged to have committed a service offence, may be charged, dealt with and tried within the Armed Force in which his commanding officer is serving".

(See article 102.01—"Persons subject to the Code of Service Discipline".)

102.09—PERSONS ACCOMPANYING THE ARMED FORCES

(1) Under section 12 of the Armed Forces Act 1962 every person, not otherwise subject to the Code of Service Discipline, who accompanies any unit or other element of the Armed Forces that is on service in any place shall be subject to the Code of Service Discipline.

(2) For the purpose of section 12 but subject to such limitations as may be prescribed, a person accompanies a unit or other element of the Armed Forces that is on service if such person:

(a) participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of the civil power, duties in a disaster, or warlike operations,

(b) is accommodated or provided with rations at his own expense or otherwise by that unit or other element in any country or at any place designated by the President,

(c) is a dependent out of Ghana of an officer or man serving beyond Ghana with that unit or other element, or

(d) is embarked on a vessel or aircraft of that unit or other element.

(3) Every person who, while accompanying any unit or other element of the Armed Forces, is alleged to have committed a service offence:

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(a) may be charged, dealt with and tried within the Service in which is comprised the unit or other element of the Armed Forces that he accompanies, and for that purpose shall be treated as a man, unless he holds from the commanding officer of the unit or other element of the Armed Forces that he so accompanies or from any other officer prescribed by the Chief of Defence Staff for that purpose, a certificate, revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, entitling such person to be treated on the footing of an officer, in which case he shall be treated as an officer in respect of any offence alleged to have been committed by him while holding that certificate,

(b) shall, for the purpose of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Service of the Armed Forces that such person accompanies.

102.10 TO 102.16—INCLUSIVE: NOT ALLOCATED

Section 2—Jurisdiction Barred

102.17—PREVIOUS ACQUITTAL OR CONVICTION

Section 81 of the Armed Forces Act 1962 provides:

"81 (1) Every person, in respect of whom a charge of having committed a service offence has been dismissed, or who has been found guilty or not guilty either by a service tribunal or a civil court on a charge of having committed any such offence, shall not be tried or tried again by a service tribunal under this Act in respect of that offence or any other offence of which he might have been found guilty on that charge by a service tribunal or a civil court.

(2) Nothing in subsection (1) shall affect the validity of a new trial ordered under section 84 or section 92".

102.18—ACCUSED INSANE AT TRIAL

(1) Where at any time after a trial by court martial commences and before the finding of the court martial is made, it appears that there is sufficient reason to doubt whether the accused person is then, on account of insanity, capable of conducting his defence, an issue shall be tried and decided by that court martial as to whether the accused person is or is not then, on account of insanity, unfit to stand or continue his trial.

(2) Where the decision of the court martial on an issue mentioned in (1) of this article is that the accused person is not then unfit to stand or continue his [p.12] trial, the court martial shall proceed to try that person as if no such issue had been tried.

(3) Where the decision of a court martial held in Ghana is that the accused person is unfit to stand or continue his trial on account of insanity, the court martial shall order the accused person to be kept in strict custody until the pleasure of the President is known and the President may make an order for the safe custody of such person, as if the same decision had been made in respect of him by a civil court.

(4) Where the decision of a court martial held out of Ghana is that the accused person is unfit to stand or continue his trial on account of insanity, the court martial shall order that person to be kept in strict custody and he shall be transferred, as soon as conveniently may be, to Ghana, and upon transfer he shall be kept in custody until the pleasure of the President is known and the President may make an order for the safe custody of such person, as if the same decision had been made in respect of him by a civil court.

(5) No decision of a court martial that an accused person is unfit to stand or continue his trial by reason of insanity prevents that person being afterwards tried in respect of the offence or of any other offence of which he might have been found guilty on the same charge; and the period during which he is unfit to stand or continue his trial by reason of insanity shall not be taken into account in applying to him in respect of that offence the provisions of section 80 of the Armed Forces Act, 1962.

(6) If the court finds that the accused is insane at the trial, it shall notify the convening authority to that effect and inform the convening authority of any order made by the court under this article.

102.19—CIVILIANS NOT LIABLE TO SUMMARY TRIAL

A person who is subject to the Code of Service Discipline, but who is not an officer or man, is not liable to summary trial by a commanding officer or a superior commander.

Section 3—Jurisdiction—Place

102.20—PLACE OF COMMISSION OF OFFENCE

Every person subject to the Code of Service Discipline alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, whether the alleged offence was committed in Ghana or out of Ghana.

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102.21—PLACE OF TRIAL

Every person subject to the Code of Service Discipline alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, either in Ghana or out of Ghana.

Section 4—Jurisdiction—Time

102.22—PERIOD OF LIABILITY UNDER CODE OF SERVICE DISCIPLINE

Section 80 of Armed Forces Act 1962 provides:

"80. (1) Except in respect of the service offences mentioned in subsection (2), no person is liable to be tried by a service tribunal unless his trial begins before the expiration of a period of three years from the day upon which the service offence was alleged to have been committed.

(2) Every person, subject to the Code of Service Discipline at the time of the alleged commission by him of a service offence of mutiny, desertion or absence without leave or a service offence for which the maximum punishment that may be imposed is death shall continue to be liable to be charged, dealt with and tried at any time under that Code.

(3) In calculating the period of limitation referred to in subsection (1), there shall not be included—

(a) time during which a person was a prisoner of war,

(b) any period of absence in respect of which a person has been found guilty by any service tribunal of desertion or absence without leave, and

(c) any time during which a person was serving a sentence of incarceration imposed by any court other than a service tribunal."

Section 5—Jurisdiction—Certain Offences

102.23—MURDER, RAPE AND MANSLAUGHTER

Section 79 of the Armed Forces Act 1962 provides in part—

"79. (1) . . . .a service tribunal shall not try any person charged with the offence of murder, rape or manslaughter, committed in Ghana."

Section 6—Jurisdiction Civil Courts

102.24—TRIAL OF OFFICERS AND MEN BY CIVIL COURTS

Section 95 of the Armed Forces Act 1962 provides:

"95. (1) Nothing in the Code of Service Discipline affects the jurisdiction of any civil court to try a person for any offence triable by that Court.

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(2) Where a person, sentenced by a service tribunal in respect of a conviction on a charge of having committed a service offence is afterwards tried by a civil court for the same offence or for any other offence of which he might have been found guilty on that charge, the civil court shall in awarding punishment take into account any punishment imposed by the service tribunal for the service offence.

(3) Where a civil court that tries a person in the circumstances specified in subsection (2) either acquits or convicts the person of an offence, the unexpired term of any punishment of imprisonment for more than two years, imprisonment for less than two years or detention, imposed by the service tribunal in respect of the offence, shall be deemed to be wholly remitted as from the date of the acquittal or conviction by the civil court".

102.25 TO 102.99—INCLUSIVE: NOT ALLOCATED

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CHAPTER 103—SERVICE OFFENCES

Section 1—General Principles Concerning Responsibility for Offences

103.01—RESPONSIBILITY FOR OFFENCES

Section 13 of the Armed Forces Act 1962 provides:

"13. (1) In addition to the person who commits an offence, every person who—

(a) does or omits an act for the purposes of aiding any person to commit the offence;

(b) attempts to commit or abets any person in the commission of the offence; or

(c) counsels or procures any person to commit the offence, shall be guilty of an offence and on conviction shall be liable to the same punishment as the person found guilty of committing that offence.

(2) Every person who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object shall be guilty of an attempt to commit the offence intended, whether under the circumstances it was possible to commit such offence or not.

(3) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose shall be guilty of that offence".

NOTES

(a) A person who, while subject to the Code of Service Discipline, aids, abets, counsels or procures another to commit a service offence, is guilty of committing that offence himself, whether or not he is present when the offence is committed and may be charged with having committed that offence or under section 54 of the Armed Forces Act, 1962 (see article 103.47—"Conduct to the Prejudice of Good Order and Discipline.")

(b) Aiding or abetting the commission of an offence involves actual participation or assistance. More knowledge of another’s intention or plans to commit an offence, or merely standing by while the offence is being committed, is not enough to make a person guilty of that particular offence; but this does not exclude the possibility that that person may have committed a different offence by having failed to take preventive measures.

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(e) One who supplies the means for the commission of an offence, knowing of its intended use, is guilty of the offence if it is committed.

(d) Assistance given after the commission of an offence does not make the person assisting guilty of the offence, if he is not shown to have been associated previously in the commission of the offence; but if the assistance is rendered while some act is being done which enters into the offence, although the offence might be complete without it (eg. taking away and concealing the proceeds of a theft), it may amount to aid rendered in the actual commission of the offence.

(e) Section 13 (1) of the Armed Forces Act, 1962 contemplates an offence actually committed by someone. It therefore follows that where no offence is committed by anyone, a person is not rendered liable as a principal merely because he has counselled another to commit an offence, but he may thereby have committed an offence under section 54. (See article 103.47—"Conduct to the Prejudice of Good Order and Discipline.")

(f) The statement in a charge of an offence against one who aids, abets, counsels or procures should be in the form prescribed for the offence committed by the actual perpetrator or, when laid under section 54, in the statement of offence prescribed in article 103.47. The fact of aiding, abetting, counselling or procuring should be stated in the particulars of the offence.

(g) Attempts may be charged only under sections 13 or 54 (article 103.47—"Conduct to the Prejudice of Good Order and Discipline") but exceptions are to be found in section 77 (article 103.51—"Service Trial of Civil Offences"). There are three essential elements of an attempt:

(i)  An intent to commit the offence.

(ii) An act or omission towards the commission of the offence. An intent alone is not sufficient if nothing is done to carry it into effect. A distinction must, however, be drawn between acts or omissions toward the commission of an offence and those which are mere preparation. It is not possible to draw a clear line of distinction but, in general, preparation consists in devising or arranging the means for the commission of an offence while, on the other hand, an act or omission sufficient to support a charge of attempting must involve a direct movement towards the commission of an offence after the preparations have been made. For example, a person, having an intent to set fire to a building, might purchase matches for the purpose. The purchase would merely be a stage in his preparations and not such an act as to justify a charge of attempting. An example of an act justifying a charge of attempting would be the application of a lighted match to the building.

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(iii) Non-completion of the offence. If the actual offence is committed, the alleged offender cannot be convicted of attempting to commit the offence. If, before a charge of attempting is proceeded with, there is any doubt as to whether the complete offence was or was not committed, it is advisable to charge the alleged offender in the alternative, i.e., with having committed the offence and with having committed an offence of attempting under section 54 (article 103.47—"Conduct to the Prejudice of Good Order and Discipline.") In cases involving desertion (section 27—article 103.19) where there is doubt as to whether the complete offence was committed, an alleged offender should be charged with commission of the complete offence only. In such a case, by virtue of section 56 (article 103.49—"Conviction for related or less serious offences") it is possible for the accused to be found guilty of attempting if the commission of the complete offence is not established.

(h) An offence against section 13 of the Armed Forces Act 1962 is an act, conduct, disorder or neglect to the prejudice of good order and discipline and where it is not practical to charge the offender as a principal and the offence is not an attempt, he should be charged under section 54 of the Armed Forces Act 1962

(i) Intent, which is normally an ingredient of crime, is not capable of positive proof; it can only be inferred from overt acts. The inference that can be drawn from proved overt acts creates difficulty. As a proposition of ordinary good sense it can be stated that as a man is usually able to foresee what are the natural and probable consequences of his acts, so it is, as a rule, reasonable to infer that he did foresee them and intend them. But, while there is an inference which may be drawn, it is not one which must be drawn. If on all fact of the case it is not the correct inference, then it should not be drawn.

103.02—IGNORANCE OF LAW NO EXCUSE

The fact that a person is ignorant of the provisions of the Armed Forces Act 1962 or of any regulations or of any order or instruction duly notified under this Act, is no excuse for any offence committed by him.

NOTES

This relates only to ignorance of the law and not to mistakes of fact; for example, it would be no excuse for a recruiting officer charged with enrolling a person who is under age to state that he was unfamiliar with the appropriate regulation, but it would be a defence if he could show that he had reasonable cause to believe that the recruit had in fact attained the age prescribed in regulations.

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103.03—CIVIL DEFENCES AVAILABLE TO ACCUSED

(1) All rules and principles from time to time followed in the civil courts in proceedings under the Criminal Code, 1960 that would render any circumstances a justification or excuse for any act or omission or a defence to any charge, shall be applicable to any defence to a charge under the Code of Service Discipline, except in so far as such rules and principles are altered by or are inconsistent with the Armed Forces Act, 1962 and any regulations made thereunder.

(2) The condonation of an act or omission on any ground whatsoever, whether by superior authority or otherwise, shall not be a justification, excuse or defence for the act or omission.

NOTES

(a) The grounds of justification, excuse or defence most likely to be relied on under this section are drunkenness, compulsion, self-defence, defence of property and use of force to prevent the commission of an offence. The defence of insanity is dealt with in article 103.04.

Drunkenness

(b) Drunkenness is no defence unless, in cases where a specific intent forms part of the offence, it can be shown that the accused was so drunk at the time of the commission of the offence that he was incapable of forming the necessary intent. Evidence of drunkenness which renders the accused incapable of forming the specific intent essential to constitute the crime should be taken into consideration with the other facts proved in order to determine whether or not he had this intent.

(c) Evidence of drunkenness which does not prove that the accused was incapable of forming the necessary intent, and which merely established that his mind was so affected by drink, that he more readily gave way to some violent passion, does not negative specific intent.

Compulsion

(d) A person charged with having committed an offence may raise compulsion as justification, excuse or defence if all of the following condition were present:

(i) He received threats of immediate death or grievous bodily harm from a person actually present at the commission of the offence.

(ii) He believed that such threats would be executed.

(iii) He was not a party to any association or conspiracy which rendered him subject to compulsion in the commission of the offence.

(e) Compulsion may not be raised as justification, excuse or defence in respect of offences of treason, murder, piracy, offences deemed to be piracy, attempting to murder, assisting in rape, forceable abduction, robbery, grievous bodily harm and causing fires.

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Self-Defence

Where a person charged with the commission of an offence desires to raise justification, excuse or defence of self-defence, his plea will be determined in accordance with principles laid down in the Criminal Code, 1960.

Defence of Property

(g) Where a person charged with the commission of an offence desires to raise justification, excuse or defence on the ground of defence of property, his plea will be determined in accordance with principles laid down in the Criminal Code, 1960.

Use of Force

(h) A person who has been charged with an offence involving the use to force by him may find justification, excuse or defence in the Criminal Code, 1960.

103.04—INSANITY AS A DEFENCE

(1) Where any act is charged against any person as a service offence and it is given in evidence on the trial of such person for that offence that he was insane so as not to be responsible according to principles laid down in the Criminal Code 1960 for his action, then, if it appears to the service tribunal before which he is tried that he did the act charged but was insane at the time when he did it, the service tribunal shall make a special finding to the effect that the accused was guilty of the act charged but was insane as aforesaid when he did the act.

(2) When a person subject to the Code of Service Discipline is accused of a service offence, the special verdict provided for in (1) of this article shall only be applicable:

(a) if he was prevented, by reason of idiocy, imbecility or any mental derangement or disease affecting the mind, from knowing the nature or consequences of the act in respect of which he is accused; or

(b) if he did the act in respect of which he is accused under the influence of an insane delusion of such a nature as to render him, in the opinion of the service tribunal, an unfit subject for punishment of any kind in respect of such an act.

NOTES

(a) In order to establish the defence of insanity, it is necessary to show either an incapacity to appreciate the nature and quality of the act or omission, or want of knowledge that the act or omission was wrong.

(b) The words "nature and quality" refer solely to the physical character of the act or omission and do not in themselves distinguish between the physical and moral aspects.

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(e) As to whether the accused knew that the act or omission was wrong, the test to be applied is the ordinary standard of right and wrong adopted by reasonable men.

(d) In order that insanity may be relied upon as a defence, it must be shown to have existed at the time of the commission of the offence, but need not be of a permanent nature.

(e) If the accused person sets up a defence of insanity, the burden is on him to establish it. It is not sufficient that he should merely raise a doubt as to his sanity but, on the contrary, he must prove to the satisfaction of the service tribunal that he was insane, although he need not prove his insanity beyond a reasonable doubt.

Section 2—Service Offences

103.05—INTRODUCTION

(1) When it is desired to refer to an enactment that creates a particular offence, the number of the relevant section of the Armed Forces Act, 1962 should be cited and not the number of the article in A.F.R. in which that section is quoted.

(2) When it is required in proceedings under the Code of Service Discipline that offences be stated, the forms of statement of offence, contained in (2) of the followings articles of this Chapter should be used as appropriate.

103.06—OFFENCES BY COMMANDERS WHEN IN ACTION

(1) Section 14 of the Armed Forces 1962 provides:

"14. Every person in command of a vessel, aircraft, defence establishment, unit or other element of the Armed Forces who—

(a) when under orders to carry out an operation of war or on coming into contact with an enemy that it is his duty to engage, does not use his utmost exertion to bring the officers and men under his command or his ship, vessel, aircraft, or his other material into action,

(b) being in action, does not, during the action, in his own person and according to his rank, encourage the officers and men under his command to fight courageously,

(c)  when capable of making a successful defence, surrenders his ship, vessel, aircraft, defence establishment, material, unit or other element of an Armed Force to the enemy,

(d)  being in action, improperly withdraws from the action,

(e)  improperly fails to pursue an enemy or to consolidate a position gained,

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(f) improperly fails to relieve or assist a known friend to the utmost of his power; or