Constitution of the Republic of Singapore (Amendment No. 3) Act 2023

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 40]

Friday, December 1

[2023

The following Act was passed by Parliament on 22 November 2023 and assented to by the President on 24 November 2023:—

Constitution of the Republic of Singapore
(Amendment No. 3) Act 2023

(No. 35 of 2023)

I assent.

THARMAN SHANMUGARATNAM,

President.

24 November 2023.

Date of Commencement: 14 September 2023 Sections 2 and 4

Date of Commencement: 24 November 2023 Section 3

An Act to amend the Constitution of the Republic of Singapore.

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 is the Constitution of the Republic of Singapore (Amendment No. 3) Act 2023.

(2) Sections 2 and 4 are deemed to have come into operation on 14 September 2023.

New Article 22Q

2. In the Constitution of the Republic of Singapore (called in this Act the Constitution), after Article 22P, insert —

“President may perform foreign and international roles in private capacity if national interest requires

22Q.—(1) The President may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —

(a)	the President is not disabled by Article 19A(1) from performing the functions of that office;
(b)	the Cabinet advises the President that it is in the national interest for the President to accept and hold that office; and
(c)	the President, acting in his discretion, concurs with the advice of the Cabinet.

(2) The Cabinet may from time to time advise the President against saying or doing anything in the performance of the functions of any office the President is holding pursuant to clause (1), and the President must act in accordance with the advice of the Cabinet.

(3) The President must relinquish any office he holds pursuant to clause (1) if so advised by the Cabinet.

(4) The President’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.”.

New Article 33A

3. In the Constitution, after Article 33, insert —

“Ministers may perform foreign and international roles in private capacity if national interest requires

33A.—(1) A Minister may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —

(a)	the Minister is not disabled by Article 33 from performing the functions of that office; and
(b)	the Prime Minister considers it to be in the national interest for the Minister to accept and hold that office and gives permission for the Minister to do so.

(2) The Prime Minister may from time to time instruct a Minister against saying or doing anything in the performance of the functions of any office the Minister is holding pursuant to clause (1), and the Minister must act in accordance with the instructions of the Prime Minister.

(3) A Minister must relinquish any office he holds pursuant to clause (1) if so instructed by the Prime Minister.

(4) A Minister’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.”.

Miscellaneous amendments

4. In the Constitution —

(a)

in Article 21A, replace clause (6) with —

“(6) This Article does not apply to —

(a)	the President’s discretion under this Constitution to withhold consent to a request for a dissolution of Parliament; and
(b)	the President’s discretion under Article 22Q(1)(c).”; and

(b)

in Article 37IA(2)(c), after sub‑paragraph (i), insert —

“(ia)

the President’s discretion under Article 22Q(1)(c);”.

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