Constitution of the Republic of Singapore (Amendment No. 2) Act 1994

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 14]

Friday, September 23

[1994

The following Act was passed by Parliament on 25th August 1994 and assented to by the President on 14th September 1994:—

Constitution Of The Republic Of Singapore (Amendment No. 2) Act 1994

(No. 17 of 1994)

I assent.

ONG TENG CHEONG

President.

14th September 1994.

Date of Commencement: 1st October 1994

An Act to amend the Constitution of the Republic of Singapore (1992 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1.—(1) This Act may be cited as the Constitution of the Republic of Singapore (Amendment No. 2) Act 1994 and shall come into operation on such date as the President may, by notification in the Gazette, appoint.

(2) The President may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of Article 17

2. Article 17 of the Constitution of the Republic of Singapore (referred to in this Act as the Constitution) is amended by inserting, immediately after clause (2), the following clause:

“(3) Any poll for the election of President shall be held as follows:

(a)

in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or

(b)	in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent.”.

Amendment of Article 18

3. Article 18(1) of the Constitution is amended by deleting the words “Article 19” and substituting the words “paragraph (e) or (g) (iv) or both such paragraphs of Article 19 (2), as the case may be”.

Amendment of Article 22

4. Article 22 of the Constitution is amended —

(a)	by deleting paragraph (d); and

(b)

by re-lettering paragraphs (e), (f) and (g) as paragraphs (d), (e) and (f), respectively, and by inserting immediately thereafter the following paragraph:

“(g)	the Chairmen of the Education Service Commission and the Police and Civil Defence Services Commission, and the persons appointed thereto under Articles 110A(1)(c) and 110B (1)(c), respectively;”.

Amendment of Article 22B

5. Article 22B of the Constitution is amended —

(a)

by deleting the word “transaction” in the last line of clause (7) and substituting the words “proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette”; and

(b)

by inserting, immediately after clause (8), the following clause:

“(9) For the purposes of this Article, where the Minister responsible for finance undertakes in writing to add to the reserves accumulated by the Government prior to its current term of office any reserves of a statutory board which are proposed to be transferred to the Government by or under the authority of any written law or otherwise, the proposed transfer and transfer of those reserves shall have effect as follows:

(a)	the proposed transfer and transfer shall not be taken into account in determining whether the reserves accumulated by the statutory board prior to the current term of office of the Government are likely to be or have been drawn on; and

(b)

the reserves to be transferred by the statutory board shall be deemed to form part of the reserves accumulated by the Government prior to its current term of office on the following occasions:

(i)	where a budget of the statutory board for any financial year provides for the proposed transfer and the budget is approved by the President under this Article — at the beginning of that financial year; or

(ii)	where a supplementary budget provides for the proposed transfer and the supplementary budget is approved by the President under this Article — on the date of approval by the President.”.

Amendment of Article 22D

6. Article 22D of the Constitution is amended —

(a)

by deleting the word “transaction” at the end of clause (6) and substituting the words “proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the Government company prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette”; and

(b)

by inserting, immediately after clause (7), the following clause:

“(8) For the purposes of this Article, where the Minister responsible for finance undertakes in writing to add to the reserves accumulated by the Government prior to its current term of office any reserves of a Government company which are proposed to be transferred to the Government by or under the authority of any written law or otherwise, the proposed transfer and transfer of those reserves shall have effect as follows:

(a)	the proposed transfer and transfer shall not be taken into account in determining whether the reserves accumulated by the Government company prior to the current term of office of the Government are likely to be or have been drawn on; and

(b)

the reserves to be transferred by the Government company shall be deemed to form part of the reserves accumulated by the Government prior to its current term of office on the following occasions:

(i)	where a budget of the Government company for any financial year provides for the proposed transfer and the budget is approved by the President under this Article — at the beginning of that financial year; or

(ii)	where a supplementary budget of the Government company provides for the proposed transfer and the supplementary budget is approved by the President under this Article — on the date of approval by the President.”.

Amendment of Article 22L

7. Article 22L of the Constitution is amended —

(a)	by deleting the word “or” at the end of clause (1)(c);

(b)

by deleting the full-stop at the end of paragraph (d\) of clause (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(e)	if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President.”; and

(c)	by deleting clause (2).

Amendment of Article 22N

8. Article 22N of the Constitution is amended —

(a)	by deleting the words “prior to the expiration of the term of office of the incumbent” in the first and second lines of clause (1);

(b)	by deleting the words “a newly elected President” in the last line of clause (1) and substituting the words “the person declared elected as President”;

(c)	by deleting the words “Oath of Office of the President and” in the first and second lines of clause (4); and

(d)

by inserting, immediately after clause (4), the following clause:

“(5) Any person required or appointed to exercise the functions of the office of President pursuant to this Article or Article 22O shall, before exercising those functions, take and subscribe in the presence of the Chief Justice or another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule, except that neither the Chairman of the Council of Presidential Advisers nor the Speaker shall, during his term of office as such Chairman or as Speaker, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of President.”.

Amendment of Article 35

9. Article 35(4) of the Constitution is amended by deleting the words “55 years” wherever they appear and substituting in each case the words “60 years”.

Amendment of Article 37B

10. Article 37B(2) of the Constitution is amended by inserting, immediately after the word “President”, the words “, acting in his discretion,”.

Amendment of Article 37C

11. Article 37C of the Constitution is amended by deleting the words “person who appointed that member and that person may appoint another person to serve as a member for that period” in the fifth, sixth and seventh lines and substituting the words “President who may appoint another person to serve as a member for that period either in his discretion or, where that member was appointed under Article 37B (1) (b) or (c), on the advice of the Prime Minister or the Chairman of the Public Service Commission, as the case may be”.

Amendment of Article 37F

12. Article 37F(1) of the Constitution is amended by deleting the words “his seat in the Council” and substituting the words “the office of Chairman of the Council”.

New Articles 37L and 37M

13. The Constitution is amended by inserting, immediately after Article 37K, the following Articles:

“Fees

37L.—(1) There shall be paid to the Chairman and the other members of the Council such fees as may be determined by the President.

(2) The fees payable under clause (1) shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the Chairman and the members of the Council.

Appointment of staff

37M. The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions.”.

Amendment of Article 39

14. Article 39(2) of the Constitution is amended —

(a)	by deleting the word “and” at the end of paragraph (c); and

(b)

by deleting the full-stop at the end of paragraph (d) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(e)	removing the President from office under Article 22L.”.

Amendment of Article 45

15. Article 45(1) of the Constitution is amended by inserting, immediately after the word “Parliament” in paragraphs (d) and (g), the words “or the office of President”.

New Article 100

16. The Constitution is amended by inserting, immediately after Article 99, the following Article:

“Advisory opinion

100.—(1) The President may refer to a tribunal consisting of not less than 3 Judges of the Supreme Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise.

(2) Where a reference is made to a tribunal under clause (1), it shall be the duty of the tribunal to consider and answer the question so referred as soon as may be and in any case not more than 60 days after the date of such reference, and the tribunal shall certify to the President, for his information, its opinion on the question referred to it under clause (1) with reasons for its answer, and any Judge in the tribunal who differs from the opinion of the majority shall in like manner certify his opinion and his reasons.

(3) The opinion of the majority of the Judges in the tribunal shall, for the purposes of this Article, be the opinion of the tribunal, and every such opinion of the tribunal shall be pronounced in open court.

(4) No court shall have jurisdiction to question the opinion of any tribunal or the validity of any law, or any provision therein, the Bill for which has been the subject of a reference to a tribunal by the President under this Article.”.

Amendment to Article 110

17. Article 110(4) of the Constitution is amended by deleting the word “No” in the first line and substituting the words “Subject to the provisions of Article 110D, no”.

Amendment of Article 110A

18. Article 110A of the Constitution is amended by deleting clauses (2) and (3) and substituting the following clause:

“(2) It shall be the duty of the Education Service Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over all public officers in the Education Service of the Singapore Civil Service.”.

Amendment of Article 110B

19. Article 110B of the Constitution is amended by deleting clauses (2) and (3) and substituting the following clause:

“(2) It shall be the duty of the Police and Civil Defence Services Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over all public officers in the Police Service and the Civil Defence Service, including the transfer of such officers between those Services.”.

New Article 110D

20. The Constitution is amended by inserting, immediately after Article 110C, the following Article:

“Personnel boards

110D.—(1) Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Public Service Commission, the Education Service Commission and the Police and Civil Defence Services Commission in respect of the public officers each Commission has charge of under Articles 110, 110A and 110B, respectively.

(2) The order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following:

(a)	the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and

(b)

all powers of the Public Service Commission in relation to public officers in the Administrative Service and Administrative Service (Foreign Service Branch) who hold appointments of and above the significant grade (as defined in Article 111A(1)) in those Services, including the power to nominate officers for appointment or promotion to that grade,

and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.

(3) Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of a Commission referred to in that clause, such power or function —

(a)	may be exercised by such personnel board notwithstanding anything in Articles 110(1) and (4), 110A(2) and 110B(2); and

(b)	shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that Commission except to the extent permitted under clause (4).

(4) Subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board may, within such time and in such manner as may be prescribed, appeal to the Commission referred to in clause (1) which would have exercised the powers of that personnel board if this Article had not been enacted, and the decision of any such Commission shall be final.

(5) Subject to clause (6), a personnel board which is established to exercise any power over officers in Division I shall consist of such persons as the President may, on the advice of the Prime Minister, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Prime Minister.

(6) A person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes —

(a)	a Member of Parliament or a duly nominated candidate for election as such Member;

(b)	a member of any trade union or of any body or association affiliated to a trade union; or

(c)	the holder of any office in any political association.

(7) The President may by regulations —

(a)	provide for matters relating to the appointment of members of personnel boards;

(b)	prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions;

(c)	prescribe the manner of appeals under clause (4); and

(d)	modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the President but without prejudice to the right to appeal thereafter to a Commission.

(8) Nothing in this Article shall affect any direction or delegation issued before the commencement of this Article by the Education Service Commission, the Police and Civil Defence Services Commission or the Public Service Commission under Article 110C(2) or 116(3), as the case may be, and this Article shall not apply to any power or function of these Commissions so long it forms the subject of any such direction or delegation.”.

Amendment of Article 128

21. Article 128(2) of the Constitution is amended by deleting the words “reserve service” in paragraph (b) (ii) and substituting the words “operationally ready national service”.

Amendment of Article 144

22. Article 144 of the Constitution is amended by deleting clause (3) and substituting the following clause:

“(3) Clause (1)(b) shall apply to the following laws:

(a)	the Asian Development Bank Act (Cap. 15);

(b)	the Bretton Woods Agreements Act (Cap. 27);

(c)	the Economic Development Board Act (Cap. 85);

(d)	the External Loans Act (Cap. 102);

(e)	the Financial Procedure Act (Cap. 109);

(f)	the International Finance Corporation Act (Cap. 144);

(g)	the Jurong Town Corporation Act (Cap. 150); and

(h)	the Loans (International Banks) Act (Cap. 164).”.

Amendment of Article 148

23. Article 148 of the Constitution is amended by inserting, immediately after clause (2), the following clause:

“(2A) The Minister responsible for finance shall, in presenting to Parliament any supplementary estimates or statement of excess under clause (2), also present a statement stating whether the supplementary estimates or statement of excess, as the case may be, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.”.

Amendment of Article 148A

24. Article 148A of the Constitution is amended —

(a)

by deleting clause (1) and substituting the following clause:

“(1) The President may, acting in his discretion, withhold his assent to any Supply, Supplementary Supply or Final Supply Bill for any financial year if, in his opinion, the estimates of revenue and expenditure for that year, the supplementary estimates or the statement of excess, as the case may be, are likely to lead to a drawing on the reserves which were not accumulated by the Government during its current term of office, except that if the President assents to any such Bill notwithstanding his opinion that the estimates, supplementary estimates or statement of excess are likely to lead to a drawing on those reserves, the President shall state his opinion in writing addressed to the Speaker and shall cause his opinion to be published in the Gazette.”;

(b)

by deleting paragraphs (a) and (b) of the proviso to clause (2) and substituting the following paragraphs:

“(a)

where the President withholds his assent to a Supply Bill, the expenditure so authorised for any service or purpose for that financial year (which shall include any amount authorised under Article 148B(4)) shall not exceed the total amount appropriated for that service or purpose in the preceding financial year; or

(b)	where the President withholds his assent to a Supplementary Supply Bill or Final Supply Bill, the expenditure so authorised for any service or purpose shall not exceed the amount necessary to replace an amount advanced from any Contingencies Fund under Article 148C(1) for that service or purpose.”;

(c)

by deleting clause (3) and substituting the following clauses:

“(3) For the purposes of paragraph (a) of the proviso to clause (2), the total amount appropriated for any service or purpose in any financial year shall be ascertained by adding the sums appropriated for such service or purpose by the Supply law, Supplementary Supply law and Final Supply law (if any) for that financial year.

(3A) Upon the passing of a resolution under clause (2), the Minister responsible for finance shall introduce in Parliament a Supply Bill, Supplementary Supply Bill or Final Supply Bill, as the case may be, containing, under appropriate heads, the sums so voted on by Parliament.”; and

(d)	by inserting, immediately after the words “Supplementary Supply Bill” wherever they appear in clause (4), the words “or Final Supply Bill”.

Amendment of Article 148C

25. Article 148C of the Constitution is amended by inserting, immediately after clause (2), the following clauses:

“(3) If the Minister responsible for finance intends to make any advance from a Contingencies Fund, he shall present to the President a statement stating whether the proposed advance, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.

(4) The President may, acting in his discretion, refuse to concur with the making of an advance from a Contingencies Fund which in his opinion, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office.”.

Amendment of Article 148F

26. Article 148F of the Constitution is amended —

(a)

by deleting clause (5) and substituting the following clause:

“(5) Subject to the provisions of this Article, the Auditor-General shall hold office until he attains the age of 60 years, except that the President, acting in his discretion, may, if he concurs with the advice of the Prime Minister, appoint an Auditor-General who has attained that age to further hold that office for such fixed periods as may be agreed between the Auditor-General and the Government.”; and

(b)	by deleting the word “law” in clause (10) and substituting the word “resolution”.

Amendment of Article 148G

27. Article 148G of the Constitution is amended by inserting, immediately after clause (2), the following clause:

“(3) Where the President does not disapprove of any proposed transaction under clause (2) even though he is of the opinion that the proposed transaction is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, the President shall cause his decision and opinion to be published in the Gazette.”.

New Article 151A

28. The Constitution is amended by inserting, immediately after Article 151, the following Article:

“Defence and security measures

151A.—(1) Articles 22B(7), 22D(6), 148G(2) and (3) and 148H shall not apply to any defence and security measure.

(2) For the purposes of clause (1), a defence and security measure means any liability or proposed transaction which the Prime Minister and the Minister responsible for defence, on the recommendations of the Permanent Secretary to the Ministry of Defence and the Chief of Defence Force, certify to be necessary for the defence and security of Singapore, and any certificate under the hands of the Prime Minister and the Minister responsible for defence shall be conclusive evidence of the matters specified therein.”.

Amendment of First Schedule

29. The First Schedule to the Constitution is amended —

(a)

by deleting the form of Oath of Office of President and substituting the following forms of oath:

“Oath of Office of President

1. I, ......................................................., having been elected President of the Republic of Singapore, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and without regard to any previous affiliation with any political party, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend its Constitution.

Oath of Office of Person Exercising Functions of Office of President

1A. I, .................................................., *Chairman of the Council of Presidential Advisers/Speaker of Parliament, *being required by/having been appointed under the Constitution of the Republic of Singapore to exercise the functions of the office of President, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and that I will bear true faith and allegiance to the Republic, and that I will preserve, protect and defend its Constitution.”; and

(b)

by deleting the form of Oath for due execution of Office of Prime Minister or other Minister or Parliamentary Secretary and substituting the following forms of oath:

“Oath for due execution of Office of Prime Minister

4. I, ......................................................., being chosen and appointed as Prime Minister of Singapore, do solemnly swear (or affirm) that —

(a)	I will, to the best of my judgment at all times when so required, freely give my counsel and advice to the President (or any person lawfully exercising the functions of that office) for the good management of the public affairs of Singapore;

(b)	I will not on any account disclose the counsel, advice, opinion or vote of any other Minister or Parliamentary Secretary;

(c)

I will not, except with the authority of Cabinet and to such extent as may be required for the good management of the affairs of Singapore, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any document communicated to me or any matter coming to my knowledge as Prime Minister,

and that in all things I will be a true and faithful Prime Minister.

Oath for due execution of Office of Minister or Parliamentary Secretary

4A. I, .................................................................., being chosen and appointed *Minister/Parliamentary Secretary of Singapore, do solemnly swear (or affirm) that —

(a)	I will, to the best of my judgment at all times when so required, freely give my counsel and advice to the President (or any person lawfully exercising the functions of that office) for the good management of the public affairs of Singapore;

(b)	I will not on any account disclose the counsel, advice, opinion or vote of the Prime Minister or of any other Minister or Parliamentary Secretary;

(c)

and that I will be a true and faithful *Minister/Parliamentary Secretary.”.

Amendment of Fifth Schedule

30. Part II of the Fifth Schedule to the Constitution is amended by deleting item 3.

Miscellaneous amendments

31. The Constitution is amended —

(a)

by deleting the words “or Supplementary Supply” wherever they appear in the following Articles and substituting in each case the words “Bill, Supplementary Supply Bill or Final Supply”:

Articles 37J(2) (second, third, eighth and ninth lines), 37K (third line) and 148A(2) (first and second lines);

(b)

by deleting the words “or Supplementary Supply Bill” wherever they appear in the following Articles and substituting in each case the words “, Supplementary Supply Bill or Final Supply Bill”:

Articles 39(2)(b), 148A(5) (second and third lines) and 148D(1) (second and third lines);

(c)	by deleting the words “or Supplementary Supply law” in Article 146(1)(b) and (4)(b) and substituting in each case the words “law, Supplementary Supply law or Final Supply law”;

(d)	by deleting the words “Members thereof” in the last line of Article 5(2) and substituting the words “elected Members of Parliament referred to in Article 39(1)(a)”; and

(e)

by deleting the words “Members of Parliament” wherever they appear in the following Articles and substituting in each case the words “elected Members of Parliament referred to in Article 39(1)(a)”:

Articles 22L(3) (second line), 22L(4) (third line), 22L(7) (seventh line) and 148D(1) (sixth line).

Saving

32.—(1) Nothing in this Act shall affect the appointment or promotion of any person under Article 35, 37B, 110, 110A, 110B or 148F made before the commencement of section 9, 10, 17, 18, 19 or 27, respectively, of this Act.

(2) Where any disciplinary proceedings are pending against any public officer on the commencement of sections 18, 19 and 20 of this Act, those proceedings shall be continued and completed as if those sections had not been enacted.

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