REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 3]Friday, January 25 [1991

The following Act was passed by Parliament on 3rd January 1991 and assented to by the President on 18th January 1991:—
Constitution Of The Republic Of Singapore (Amendment) Act 1991

(No. 5 of 1991)


I assent.

WEE KIM WEE
President.
18th January 1991.
Date of Commencement: 1st February 1991
Date of Commencement: 30th November 1991
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 may be cited as the Constitution of the Republic of Singapore (Amendment) Act 1991 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 2
2.  Article 2 of the Constitution of the Republic of Singapore (referred to in this Act as the Constitution) is amended —
(a)by deleting the words “Article 20” in the definition of “Civil List” in clause (1) and substituting the words “Article 22J”;
(b)by inserting, immediately after the definition of “Consolidated Fund” in clause (1), the following definition:
“ “Council of Presidential Advisors” means the Council of Presidential Advisors constituted under Part VA;”;
(c)by deleting the words “appointed to exercise” in the definition of “President” in clause (1) and substituting the word “exercising”;
(d)by inserting, immediately after the definition of “President” in clause (1), the following definition:
“ “Presidential Elections Committee” means the Presidential Elections Committee established under Article 18;”;
(e)by inserting, immediately after the definition of “remuneration” in clause (1), the following definition:
“ “reserves”, in relation to the Government, a statutory board or Government company, means the excess of assets over liabilities of the Government, statutory board or Government company, as the case may be;”;
(f)by inserting, immediately after the definition of “ “Speaker” and “Deputy Speaker” ” in clause (1), the following definition:
“ “term of office”, in relation to the Government, means the period —
(a)commencing on the date the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after a general election; and
(b)ending after the next general election on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27;”; and
(g)by deleting the word “Vice-President,” in the sixth line of clause (5).
Amendment of Article 5
3.  Article 5 of the Constitution is amended by inserting, immediately after clause (2), the following clause:
(2A)  Unless the President, acting in his discretion, otherwise directs the Speaker in writing, a Bill seeking to amend this clause, Articles 17 to 22, 22A to 22O, 35, 65, 66, 69, 70, 93A, 94, 95, 105, 107, 110A, 110B, 151 or any provision in Part IV or XI shall not be passed by Parliament unless it has been supported at a national referendum by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act (Cap. 218).”.
Repeal and re-enactment of Chapter 1 of Part V
4.  Chapter 1 of Part V of the Constitution is repealed and the following Chapter substituted therefor:
Chapter 1The President
The President
17.—(1)  There shall be a President of Singapore who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.
(2)  The President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature.
Presidential Elections Committee
18.—(1)  There shall be a Presidential Elections Committee whose function is to ensure that candidates for the office of President have the qualifications referred to in Article 19.
(2)  The Presidential Elections Committee shall consist of —
(a)the Chairman of the Public Service Commission;
(b)the Chairman of the Public Accountants Board established under the Accountants Act (Cap. 2A); and
(c)a member of the Presidential Council for Minority Rights nominated by the Chairman of the Council.
(3)  The Chairman of the Public Service Commission shall be the chairman of the Presidential Elections Committee and if he is absent from Singapore or for any other reason unable to discharge his functions, he shall nominate a Deputy Chairman of the Public Service Commission to act on his behalf.
(4)  The office of the member of the Presidential Elections Committee nominated under clause (2)(c) shall become vacant if he —
(a)dies;
(b)resigns from office by a letter in writing addressed to the chairman of the Committee; or
(c)has his nomination revoked by the Chairman of the Presidential Council for Minority Rights,
and the vacancy shall be filled by a new member nominated by the Chairman of the Presidential Council for Minority Rights.
(5)  If the member of the Presidential Elections Committee referred to in clause (2)(b) or (c) is absent from Singapore or is for any other reason unable to discharge his functions, the Chairman of the Public Accountants Board or the Chairman of the Presidential Council for Minority Rights shall appoint a member of the Public Accountants Board or a member of the Presidential Council for Minority Rights, as the case may be, to act on his behalf.
(6)  The Presidential Elections Committee may regulate its own procedure and fix the quorum for its meetings.
(7)  The Presidential Elections Committee may act notwithstanding any vacancy in its membership.
(8)  Parliament may by law provide for the remuneration of members of the Presidential Elections Committee and the remuneration so provided shall be charged on the Consolidated Fund.
(9)  A decision of the Presidential Elections Committee as to whether a candidate for election to the office of President has fulfilled the requirement of paragraph (e) or (g)(iv) of Article 19(2) shall be final and shall not be subject to appeal or review in any court.
Qualifications and disabilities of President
19.—(1)  No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.
(2)  A person shall be qualified to be elected as President if he —
(a)is a citizen of Singapore;
(b)is not less than 45 years of age;
(c)possesses the qualifications specified in Article 44(2)(c) and (d);
(d)is not subject to any of the disqualifications specified in Article 45;
(e)satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
(f)is not a member of any political party on the date of his nomination for election; and
(g)has for a period of not less than 3 years held office —
(i)as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;
(ii)as chairman or chief executive officer of a statutory board to which Article 22A applies;
(iii)as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Cap. 50) with a paid-up capital of at least $100 million or its equivalent in foreign currency; or
(iv)in any other similar or comparable position of seniority and responsibility in any other organisation or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Elections Committee, has given him such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President.
(3)  The President shall —
(a)not hold any other office created or recognised by this Constitution;
(b)not actively engage in any commercial enterprise;
(c)not be a member of any political party; and
(d)if he is a Member of Parliament, vacate his seat in Parliament.
(4)  Nothing in clause (3) shall be construed as requiring a person exercising the functions of the office of President pursuant to Article 22N or 22O to —
(a)if he is a member of any political party, resign as a member of that party; or
(b)vacate his seat in Parliament or any other office created or recognised by this Constitution.
Term of office
20.—(1)  The President shall hold office for a term of 6 years from the date on which he assumes office.
(2)  The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.
First Schedule
(3)  Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule.
Discharge and performance of functions of President
21.—(1)  Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.
(2)  The President may act in his discretion in the performance of the following functions:
(a)the appointment of the Prime Minister in accordance with Article 25;
(b)the withholding of consent to a request for a dissolution of Parliament;
(c)the withholding of assent to any Bill under Article 22E, 22H, 144 (2) or 148A;
(d)the withholding of concurrence under Article 144 to any guarantee or loan to be given or raised by the Government;
(e)the withholding of concurrence and approval to the appointments and budgets of the statutory boards and Government companies to which Articles 22A and 22C, respectively, apply;
(f)the disapproval of transactions referred to in Article 22B(7), 22D (6) or 148G;
(g)the withholding of concurrence under Article 151(4) in relation to the detention or further detention of any person under any law or ordinance made or promulgated in pursuance of Part XII;
(h)the exercise of his functions under section 12 of the Maintenance of Religious Harmony Act 1990 (Act 26 of 1990); and
(i)any other function the performance of which the President is authorised by this Constitution to act in his discretion.
(3)  The President shall consult the Council of Presidential Advisors before performing any of his functions under Articles 22, 22A (1), 22B (2) and (7), 22C (1), 22D (2) and (6), 144, 148A, 148B and 148G.
(4)  Except as otherwise provided in clause (3), the President may, in his discretion, consult the Council of Presidential Advisors before performing any of his functions referred to in clause (2)(c) to (i).
(5)  The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a)functions exercisable in his discretion; and
(b)functions with respect to the exercise of which provision is made in any other provision of this Constitution.
Appointment of public officers, etc
22.  Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act:
(a)the Chief Justice, Judges and Judicial Commissioners of the Supreme Court;
(b)the Attorney-General;
(c)the Chairman and members of the Presidential Council for Minority Rights;
(d)the Chairman and members of the Council of Presidential Advisors appointed under Article 37B(1)(a);
(e)the chairman and members of the Presidential Council for Religious Harmony constituted under the Maintenance of Religious Harmony Act 1990 (Act 26 of 1990);
(f)the chairman and members of an advisory board constituted for the purposes of Article 151;
(g)the Chairman and members of the Public Service Commission;
(h)the Auditor-General;
(i)the Accountant-General;
(j)the Chief of Defence Force;
(k)the Chiefs of the Air Force, Army and Navy;
(l)a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act (Cap. 295);
(m)the Commissioner of Police; and
(n)the Director of the Corrupt Practices Investigation Bureau.
Appointment of members of statutory boards
22A.—(1)  Notwithstanding any other provision of this Constitution —
(a)where the President is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this Article applies, the President, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or
(b)in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this Article applies and no revocation of such appointment shall be made by any appointing authority unless the President, acting in his discretion, concurs therewith.
(2)  (a)  The chairman or member of a statutory board to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for re-appointment.

(b)Any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1)(b) or any revocation thereof shall be void if made without the concurrence of the President.

(3)  This Article shall apply to the statutory boards specified in Part I of the Fifth Schedule.
(4)  Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order in the Gazette, add any other statutory board to Part I of the Fifth Schedule; and no statutory board shall be removed from that Part by any such order.
(5)  No statutory board shall by order under clause (4) be added to Part I of the Fifth Schedule if the total value of the reserves of the statutory board on the date of making of such order is less than $100 million.
Budgets of statutory boards
22B.—(1)  Every statutory board to which Article 22A applies shall —
(a)before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman and the chief executive officer of the statutory board whether the budget when implemented is likely to draw on the reserves which were not accumulated by the statutory board during the current term of office of the Government;
(b)present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c)within 6 months after the close of that financial year, present to the President —
(i)a full and particular audited statement showing the revenue received and expenditure incurred by the statutory board during that financial year;
(ii)as far as practicable, an audited statement of the assets and liabilities of the statutory board at the end of that financial year; and
(iii)a declaration by the chairman and the chief executive officer of the statutory board whether the statements referred to in sub-paragraphs (i) and (ii) show any drawing on the reserves not accumulated by the statutory board during the current term of office of the Government.
(2)  The President, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, he shall cause his opinion to be published in the Gazette.
(3)  Where by the first day of the financial year of such statutory board the President has not approved its budget for that financial year, the statutory board —
(a)shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b)may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year,
and if the President does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.
(4)  Any amount expended during a financial year under paragraph (b) of clause (3) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5)  Nothing in this Article shall prevent the taking of any action by the Monetary Authority of Singapore in the management of the Singapore dollar; and a certificate under the hand of the chairman of the board of directors of the Monetary Authority of Singapore shall be conclusive evidence that any action was or was not taken for such purpose.
(6)  It shall be the duty of every statutory board and its chief executive officer to which this Article applies to inform the President of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government.
(7)  Where pursuant to clause (6) the President has been so informed of any such proposed transaction, the President, acting in his discretion, may disapprove the transaction.
(8)  Where after the commencement of this Article a statutory board is specified in Part I of the Fifth Schedule pursuant to an order made under Article 22A(4), any reference in this Article to the approved budget of a statutory board for the preceding financial year shall, in relation to the first-mentioned statutory board, be read as a reference to the budget for the financial year of the first-mentioned statutory board during which that order was made.
Appointment of directors of Government companies
22C.—(1)  Notwithstanding the provisions of the memorandum and articles of association of the company, the appointment or removal of any person as a director or chief executive officer of any Government company to which this Article applies shall not be made unless the President, acting in his discretion, concurs with such appointment or removal.
(2)  (a)  A director of a Government company to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for re-appointment.

(b)Any appointment or removal of any director or chief executive officer of a Government company to which this Article applies without the concurrence of the President shall be void and of no effect.

(3)  This Article shall apply to the Government companies specified in Part II of the Fifth Schedule.
(4)  Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order in the Gazette, add any other Government company to Part II of the Fifth Schedule; and no Government company shall be removed from that Part by any such order.
(5)  No Government company shall by order under clause (4) be added to Part II of the Fifth Schedule unless on the date of making of such order —
(a)the value of the shareholders’ funds of the company attributable to the Government’s interest in the company is worth $100 million or more; and
(b)it is not a subsidiary of any of the Government companies specified in Part II of the Fifth Schedule; and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act (Cap. 50).
Budgets of Government companies
22D.—(1)  The board of directors of every Government company to which Article 22C applies shall —
(a)before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the budget when implemented is likely to draw on the reserves which were not accumulated by the Government company during the current term of office of the Government;
(b)present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c)within 6 months after the close of that financial year, present to the President —
(i)a full and particular audited profit and loss account showing the revenue collected and expenditure incurred by the Government company during that financial year, and an audited balance-sheet showing the assets and liabilities of the Government company at the end of that financial year; and
(ii)a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the audited profit and loss account and balance-sheet of the Government company show any drawing on the reserves not accumulated by the Government company during the current term of office of the Government.
(2)  The President, acting in his discretion, may disapprove the budget or supplementary budget of any such Government company if, in his opinion, the budget is likely to draw on reserves not accumulated by that company during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, he shall cause his opinion to be published in the Gazette.
(3)  Where by the first day of the financial year of such Government company the President has not approved its budget for that financial year, the Government company —
(a)shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b)may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the Government company for the preceding financial year,
and if the President does not approve the revised budget, the Government company may during that financial year incur a total expenditure not exceeding the amount provided in the approved budget of the Government company for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.
(4)  Any amount expended during a financial year under paragraph (b) of clause (3) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5)  It shall be the duty of the board of directors and the chief executive officer of every Government company referred to in this Article to inform the President of any proposed transaction of the company which is likely to draw on the reserves accumulated by the company prior to the current term of office of the Government.
(6)  Where pursuant to clause (5) the President has been so informed of any such proposed transaction, the President, acting in his discretion, may disapprove the transaction.
(7)  Where after the commencement of this Article a Government company is specified in Part II of the Fifth Schedule pursuant to an order made under Article 22C(3), any reference in this Article to the approved budget of a Government company for the preceding financial year shall, in relation to the first-mentioned Government company, be read as a reference to the budget for the financial year of the first-mentioned Government company immediately preceding the making of that order.
Moneys of the Central Provident Fund
22E.  The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament which provides, directly or indirectly, for varying, changing or increasing the powers of the Central Provident Fund Board to invest the moneys belonging to the Central Provident Fund.
President’s access to information
22F.—(1)  In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning —
(a)the Government which is available to the Cabinet; and
(b)any statutory board or Government company to which Article 22A or 22C, as the case may be, applies which is available to the members of the statutory board or the directors of the Government company.
(2)  The President may request —
(a)any Minister, or any senior officer of a Ministry or of a department of the Government; or
(b)the chief executive officer and any member of the governing board of any statutory board or the directors of any Government company to which Article 22A or 22C, as the case may be, applies,
to furnish any information referred to in clause (1) concerning the reserves of the Government, the statutory board or Government company, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.
Concurrence of President for certain investigations
22G.  Notwithstanding that the Prime Minister has refused to give his consent to the Director of the Corrupt Practices Investigation Bureau to make any inquiries or to carry out any investigations into any information received by the Director touching upon the conduct of any person or any allegation or complaint made against any person, the Director may make such inquiries or carry out investigations into such information, allegation or complaint if the President, acting in his discretion, concurs therewith.
President may withhold assent to Bill circumventing or curtailing his power
22H.—(1)  The President may, acting in his discretion, in writing withhold his assent to any Bill passed by Parliament (other than a Bill to which Article 5(2A) applies) if the Bill provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon him by this Constitution.
(2)  If the President withholds his assent to any Bill pursuant to clause (1), the Prime Minister may refer the Bill to the High Court to determine whether the Bill provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.
(3)  Where the High Court determines that a Bill does not provide, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President, and —
(a)no valid notice of appeal against that determination has been lodged within the time prescribed by the Rules of the Supreme Court; or
(b)where a valid notice of appeal has been lodged, the appeal has been withdrawn or dismissed,
the President shall be deemed to have assented to the Bill on the date the High Court made such a determination.
Restraining order under Maintenance of Religious Harmony Act
22I.  The President, acting in his discretion, may cancel, vary, confirm or refuse to confirm a restraining order made under the Maintenance of Religious Harmony Act 1990 where the advice of the Cabinet is contrary to the recommendation of the Presidential Council for Religious Harmony.
[Act 26 of 1990.]
Civil List and personal staff of President
22J.—(1)  The Legislature shall by law provide a Civil List for the President.
(2)  Any person exercising the functions of the office of President pursuant to Article 22N or 22O shall, during any period in which he exercises those functions, be entitled to such remuneration as the Legislature may by law provide.
(3)  The Civil List of the President or any person exercising the functions of the office of President shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the President or that person.
(4)  Subject to clause (5), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the President shall be matters for the President acting in his discretion.
(5)  The President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list submitted by the Public Service Commission; and the provisions of clause (4) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the President but not as respects his service as a public officer.
(6)  The remuneration of the personal staff of the President, other than a person appointed under clause (5), shall be defrayed out of the Civil List of the President.
Immunity of President from suit
22K.—(1)  Except as provided in clause (4), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity.
(2)  No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office.
(3)  Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as President shall not be taken into account in calculating any period of time prescribed by that law.
(4)  The immunity conferred by clause (1) shall not apply to —
(a)any proceedings instituted under Article 22H;
(b)any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 22L; or
(c)any proceedings before the Election Judge under Article 93A to determine the validity of any Presidential election.
Vacation of and removal from office of President
22L.—(1)  The office of President shall become vacant —
(a)upon the death of the President;
(b)if the President resigns his office by writing under his hand addressed to the Prime Minister;
(c)if the President is removed from office in accordance with clauses (3) to (7); or
(d)if the Election Judge in the exercise of his powers under Article 93A determines that the election of the President was void and does not determine that any other person was duly elected as President.
(2)  A poll shall be conducted for the election of a new President within 6 months from the date the office of President becomes vacant.
(3)  The Prime Minister or not less than one-quarter of the total number of the Members of Parliament may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of —
(a)intentional violation of the Constitution;
(b)treason;
(c)misconduct or corruption involving the abuse of the powers of his office; or
(d)any offence involving fraud, dishonesty or moral turpitude,
and setting out full particulars of the allegations made and seeking an inquiry and report thereon.
(4)  Where the motion referred to in clause (3) has been adopted by not less than half of the total number of the Members of Parliament, the Chief Justice shall appoint a tribunal to inquire into the allegations made against the President.
(5)  A tribunal appointed by the Chief Justice shall consist of not less than 5 Judges of the Supreme Court of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose.
(6)  A tribunal shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.
(7)  Where the tribunal reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three-quarters of the total number of the Members of Parliament remove the President from office.
Determination by Election Judge that President was not duly elected or election of President was void
22M.—(1)  Where the Election Judge in the exercise of his jurisdiction under Article 93A determines —
(a)that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than 6 months from the date of the determination; or
(b)that any other person was duly elected as President, then, such other person shall assume the office of President forthwith after the determination.
(2)  Upon the Election Judge making any determination that the election of the President was void and no other person was duly elected as President, the person who immediately before such determination was exercising the functions of the office of President shall forthwith cease to exercise such functions.
(3)  The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Election Judge subsequently determines that the election of such person as President was void or undue.
Persons to exercise functions of President when office is vacant
22N.—(1)  If the office of President becomes vacant prior to the expiration of the term of office of the incumbent, the Chairman of the Council of Presidential Advisors or, if he is unavailable, the Speaker shall exercise the functions of the office of President during the period between the date the office of President becomes vacant and the assumption of office by a newly elected President.
(2)  If neither the Chairman of the Council of Presidential Advisors nor the Speaker is available, Parliament may appoint a person in accordance with clause (3) to exercise the functions of the office of President during the period referred to in clause (1).
(3)  Parliament shall not appoint any person to exercise the functions of the office of President under clause (2) unless the person is qualified to be elected as President.
(4)  The provisions of this Chapter relating to Oath of Office of the President and immunity from suits shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if references to the President in those provisions were references to that person.
Temporary disability of President
22O.—(1)  Subject to clause (2), if the President becomes temporarily unable, whether by reason of ill health, absence from Singapore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 22N shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22N shall apply, mutatis mutandis, to that person.
(2)  Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed.
(3)  Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.”.
Amendment of Article 35
5.  Article 35 of the Constitution is amended —
(a)by deleting the words “acting in accordance” in clause (1) and substituting the words “if he, acting in his discretion, concurs”;
(b)by deleting the words “acting in accordance” in the first line of paragraph (b) of the proviso to clause (4) and substituting the words “if he, acting in his discretion, concurs”; and
(c)by deleting the words “acting in accordance” in the second line of clause (6)(a) and substituting the words “if he, acting in his discretion, concurs”.
New Part VA
6.  The Constitution is amended by inserting, immediately after Part V, the following Part:
PART VA
COUNCIL OF PRESIDENTIAL ADVISORS
Interpretation
37A.  In this Part, unless the context otherwise requires —
“Chairman” means the Chairman of the Council constituted under Article 37B;
“Council” means the Council of Presidential Advisors;
“member” means a member of the Council and includes the Chairman.
Council of Presidential Advisors
37B.—(1)  There shall be a Council of Presidential Advisors which shall consist of —
(a)two members appointed by the President acting in his discretion;
(b)two members appointed by the President on the advice of the Prime Minister; and
(c)one member appointed by the President on the advice of the Chairman of the Public Service Commission.
(2)  The President shall appoint one of the members of the Council as Chairman.
(3)  A member of the Council shall serve for a term of 6 years and shall be eligible for reappointment upon the expiry of his term of office except that in respect of the appointment of the first members under clause (1), one of the two members referred to in paragraphs (a) and (b) of that clause shall be appointed for a term of 3 years instead of 6 years.
(4)  During any period when the Chairman exercises the functions of the office of the President under Article 22N or 22O, he shall not act as the Chairman for that period and shall not take part in the proceedings of the Council and shall appoint —
(a)a person to serve as a member of the Council for that period; and
(b)a member of the Council to act as Chairman for that period.
Temporary appointments during incapacity of members
37C.  Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the Council by reason of illness, absence or other cause, the Chairman shall convey the information to the person who appointed that member and that person may appoint another person to serve as a member for that period.
Qualifications of members
37D.  No person shall be qualified to be appointed as a member unless he is —
(a)a citizen of Singapore;
(b)not less than 35 years of age;
(c)a resident of Singapore; and
(d)not liable to any of the disqualifications referred to in Article 37E.
Disqualifications of members
37E.  A person shall be disqualified for appointment as a member if he —
(a)is or has been found or declared to be of unsound mind;
(b)is insolvent or an undischarged bankrupt; or
(c)has been convicted of an offence by a court in Singapore or a foreign country and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court in a foreign country, the person shall not be so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court in Singapore.
Termination of membership
37F.—(1)  The Chairman shall vacate his seat in the Council when a newly elected President assumes office during the term of appointment of the Chairman.
(2)  A member shall vacate his seat in the Council —
(a)if he ceases to be a citizen of Singapore;
(b)if by writing under his hand addressed to the Chairman he resigns his seat; or
(c)if he becomes subject to any of the disqualifications referred to in Article 37E.
Determination of questions as to membership
37G.—(1)  Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and two other persons appointed by the Council.
(2)  Any tribunal constituted under clause (1) shall —
(a)sit in private;
(b)afford the person concerned adequate opportunity to call witnesses and be heard; and
(c)report its decision to the Chairman.
(3)  The decision of the tribunal shall be final and shall not be questioned in any court.
Oaths of Allegiance and Secrecy
37H.  Before any person who has been appointed Chairman or a member enters upon the duties of his office, he shall take and subscribe before a Judge of the Supreme Court the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 8 in the First Schedule.
Function of Council
37I.  It shall be the function of the Council to advise and make recommendations to the President on any matter referred to the Council by the President pursuant to Article 21(3) or (4).
Proceedings of Council of Presidential Advisors
37J.—(1)  The proceedings of the Council shall be conducted in private and the Council may require any public officer or any officer of any statutory board or Government company to appear before the Council and to give such information in relation to any matter referred to the Council by the President pursuant to Article 21(3) or (4) and such officer shall not disclose or divulge to any person any matter which has arisen at any meeting of the Council unless he is expressly authorised to do so by the President.
(2)  In advising or making recommendations to the President in relation to any Supply or Supplementary Supply Bill, the Council shall state —
(a)whether its advice or recommendation is unanimous or the number of votes for and against it; and
(b)where the Council advises or recommends to the President to withhold his assent to any Supply or Supplementary Supply Bill, the grounds on which the Council reached its conclusion.
(3)  Subject to the provisions of this Constitution, the Council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business (including any quorum) but no such rules shall have effect until they have been approved by the President.
Council of Presidential Advisors to report to Prime Minister and Parliament
37K.  The Council shall, as soon as practicable after advising or making any recommendation to the President in relation to a Supply or Supplementary Supply Bill, send a copy of the advice or recommendation to —
(a)the Prime Minister; and
(b)the Speaker who shall cause the copy to be presented to Parliament as soon as possible.”.
Amendment of Article 39A
7.  Article 39A of the Constitution is amended —
(a)by deleting the words “3 candidates” wherever they appear in clause (1)(a) and in the definition of “group” in clause (4) and substituting in each case the words “not less than 3 but not more than 4 candidates”; and
(b)by deleting the words “3 candidates” wherever they appear in clause (2)(a) and substituting in each case the word “candidates”.
Amendment of Article 65
8.  Article 65 of the Constitution is amended by inserting, immediately after clause (3), the following clause:
(3A)  The President shall not dissolve Parliament after a notice of motion proposing an inquiry into the conduct of the President has been given under Article 22L(3) unless —
(a)a resolution is not passed pursuant to the notice of such motion under Article 22L(4);
(b)where a resolution has been passed pursuant to the notice of such motion under Article 22L(4), the tribunal appointed under Article 22L(5) determines and reports that the President has not become permanently incapable of discharging the functions of his office or that the President has not been guilty of any of the other allegations contained in such motion;
(c)the consequent resolution for the removal of the President is not passed under Article 22L(7); or
(d)Parliament by resolution requests the President to dissolve Parliament.”.
Amendment of Article 69
9.  Article 69(2) of the Constitution is amended by deleting the word “on” and substituting the words “if he, acting in his discretion, concurs with”.
Amendment of Article 70
10.  Article 70 of the Constitution is amended by deleting the word “on” in the fifth line and substituting the words “if he, acting in his discretion, concurs with”.
New Article 93A
11.  The Constitution is amended by inserting, immediately after Article 93, the following Article:
Jurisdiction to determine questions as to validity of Presidential election
93A.—(1)  All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Judge of the Supreme. Court nominated by the Chief Justice for the purpose (referred to in this Constitution as the Election Judge).
(2)  The Election Judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the President, and the decision of the Election Judge in any such proceedings shall be final.
(3)  The procedure and practice in proceedings relating to the election of the President shall be regulated by rules which may be made by the Rules Committee constituted and appointed under section 80 of the Supreme Court of Judicature Act (Cap. 322).”.
Amendment of Article 94
12.  Article 94 of the Constitution is amended —
(a)by deleting the words “acting on” in the eighth and ninth lines of clause (3) and substituting the words “if the President, acting in his discretion, concurs with”; and
(b)by deleting the words “acting on” in the second line of clause (4) and substituting the words “if he, acting in his discretion, concurs with”.
Amendment of Article 95
13.  Article 95(1) of the Constitution is amended by deleting the words “, acting on” and substituting the words “if he, acting in his discretion, concurs with”.
Amendment of Article 98
14.  Article 98(5) of the Constitution is amended by deleting the word “on” in the second line and substituting the words “if he, acting in his discretion, concurs with”.
Amendment of Article 105
15.  Article 105 of the Constitution is amended —
(a)by deleting the words “acting in accordance” in clause (1) and substituting the words “if the President, acting in his discretion, concurs”; and
(b)by deleting the words “acting in accordance” in clause (3) and substituting the words “if he, acting in his discretion, concurs”.
Amendment of Article 106
16.  Article 106(2) of the Constitution is amended by deleting the words “the National University of Singapore” and substituting the words “any university established by or under any written law”.
Amendment of Article 107
17.  Article 107(2) of the Constitution is amended by inserting, immediately after the word “shall” in the seventh line, the words “, if he, acting in his discretion, concurs with that representation,”.
Amendment of Article 110A
18.  Article 110A of the Constitution is amended —
(a)by deleting the words “acting in accordance” in the fifth line of clause (1)(a) and substituting the words “if the President, acting in his discretion, concurs”; and
(b)by deleting the words “acting in accordance” in clause (1)(c) and substituting the words “if he, acting in his discretion, concurs”.
Amendment of Article 110B
19.  Article 110B of the Constitution is amended —
(a)by deleting the words “acting in accordance” in clause (1)(a) and substituting the words “if the President, acting in his discretion, concurs”; and
(b)by deleting the words “acting in accordance” in clause (1)(c) and substituting the words “if he, acting in his discretion, concurs”.
Repeal and re-enactment of Part XI
20.  Part XI of the Constitution is repealed and the following Part substituted therefor:
PART XI
FINANCIAL PROVISIONS
Interpretation
142.  In this Part, unless the context otherwise requires —
“Development Fund” means the Development Fund established by the Development Fund Act (Cap. 80);
“financial year” means a period of 12 months ending on 31st March in any year.
No taxation unless authorised by law
143.  No tax or rate shall be levied by, or for the purposes of, Singapore except by or under the authority of law.
Restriction on loans, guarantees, etc
144.—(1)  No guarantee or loan shall be given or raised by the Government —
(a)except under the authority of any resolution of Parliament with which the President concurs;
(b)under the authority of any law to which this paragraph applies unless the President concurs with the giving or raising of such guarantee or loan; or
(c)except under the authority of any other written law.
(2)  The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament providing directly or indirectly for the borrowing of money, the giving of any guarantee or the raising of any loan by the Government if, in the opinion of the President, the Bill is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office.
(3)  The laws to which clause (1)(b) applies are —
(a)the Asian Development Bank Act (Cap. 15);
(b)the Bretton Woods Agreements Act (Cap. 27);
(c)the External Loans Act (Cap. 102);
(d)the Financial Procedure Act (Cap. 109);
(e)the International Finance Corporation Act (Cap. 144); and
(f)the Loans (International Banks) Act (Cap. 164).
Consolidated Fund
145.  There shall be in and for Singapore a Consolidated Fund into which, subject to the provisions of any law for the time being in force in Singapore, shall be paid all revenues of Singapore not allocated to specific purposes by any written law.
Withdrawal from Consolidated Fund, etc
146.—(1)  No moneys shall be withdrawn from the Consolidated Fund unless they are —
(a)charged on the Consolidated Fund;
(b)authorised to be issued by a Supply or Supplementary Supply law;
(c)authorised to be issued by a resolution passed by Parliament under Article 148B with which the President concurs; or
(d)authorised to be issued by the Minister responsible for finance under Article 148B(4).
(2)  No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by law.
(3)  Clause (1) shall not apply to any such sums as are mentioned in Article 147(2)(b) (i), (ii) or (iii).
(4)  No moneys in the Development Fund shall be withdrawn —
(a)except for any one or more purposes specified in any written law, being purposes necessary or related to the development of Singapore; and
(b)unless authorised to be issued by a Supply or Supplementary Supply law or by the Minister responsible for finance under Article 148B(4).
Annual estimates and financial statements
147.—(1)  The Minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure of Singapore during the succeeding financial year which, when approved by the Cabinet, shall be presented to Parliament.
(2)  The estimates of expenditure shall show separately —
(a)the total sums required to meet expenditure charged on the Consolidated Fund;
(b)the sums respectively required to meet the heads of other expenditure for the public services proposed to be met from the Consolidated Fund, except the following sums:
(i)sums representing the proceeds of any loan raised by the Government for specific purposes and appropriated for those purposes by the law authorising the raising of the loan;
(ii)sums representing any money or interest on money received by the Government subject to a trust and to be applied in accordance with the terms of the trust; and
(iii)sums representing any money held by the Government which has been received or appropriated for the purpose of any trust fund established by or in accordance with any written law; and
(c)the sums respectively required to meet the heads of expenditure proposed to be met from the Development Fund.
(3)  The estimates of revenue to be shown in the estimates shall not include any sums received by way of zakat, fitrah and baitulmal or similar Muslim revenue.
(4)  The Minister responsible for finance shall also present to Parliament together with the estimates of revenue and expenditure —
(a)a statement whether the annual estimates of revenue and expenditure is likely to draw on the reserves which were not accumulated by the Government during its current term of office; and
(b)an audited statement showing as far as practicable the assets and liabilities of Singapore at the end of the last completed financial year.
(5)  The Minister responsible for finance shall, as soon as practicable after the end of every financial year, prepare in respect of that year —
(a)in relation to accounts maintained in respect of the Consolidated Fund, a full and particular account showing the amounts actually received and spent in that year, and a full and particular statement showing receipts and expenditure of any loan moneys;
(b)a statement of receipts and expenditure of moneys accounted in the Development Fund Account;
(c)a statement of receipts and expenditure of moneys accounted in any Government fund created by any law;
(d)so far as is practicable, a statement of the assets and liabilities of Singapore at the end of the financial year;
(e)so far as is practicable, a statement of outstanding guarantees and other financial liabilities of Singapore at the end of the financial year; and
(f)such other statements as the Minister may think fit,
and, after the accounts and statements referred to in this clause have been audited, present to the President those audited accounts and statements together with another statement stating whether the audited accounts and statements referred to in this clause show any drawing on or likelihood of drawing on the reserves of the Government which were not accumulated by the Government during its current term of office.
Authorisation of expenditure from Consolidated Fund and Development Fund
148.—(1)  The heads of expenditure to be met from the Consolidated Fund and Development Fund (other than statutory expenditure and expenditure to be met by such sums as are mentioned in Article 147(2)(b) (i), (ii) or (iii)) shall be included in a Bill to be known as a Supply Bill, providing for the issue from the Consolidated Fund and Development Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
(2)  Wherever —
(a)any moneys are expended or are likely to be expended in any financial year upon any service or purpose which are in excess of the sum provided for that service or purpose by the Supply law relating to that year; or
(b)any moneys are expended or are likely to be expended (otherwise than by way of statutory expenditure) in any financial year upon any new service or purpose not provided for by the Supply law relating to that year,
supplementary estimates (or, as the case may be, statements of excess) shall be prepared by the Minister responsible for finance and, when approved by the Cabinet, shall be presented to and voted on by Parliament; in respect of all supplementary expenditure so voted the Minister responsible for finance may, at any time before the end of the financial year, introduce into Parliament a Supplementary Supply Bill containing, under appropriate heads, the estimated sums so voted and shall, as soon as possible after the end of each financial year, introduce into Parliament a Final Supply Bill containing any such sums which have not yet been included in any Supply Bill.
(3)  The part of any estimates of expenditure presented to Parliament which shows statutory expenditure shall not be voted on by Parliament, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund.
(4)  For the purposes of this Article, “statutory expenditure” means expenditure charged on the Consolidated Fund or on the general revenues and assets of Singapore by virtue of Articles 18, 22J (3), 35 (10), 41, 42 (3), 108 (1), 114, 148E and 148F (4) or by virtue of the provisions of any other law for the time being in force in Singapore.
Withholding of assent to Supply Bill, etc
148A.—(1)  The President may, acting in his discretion, withhold his assent to any Supply or Supplementary Supply Bill for any financial year which, in his opinion, is likely to draw 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 Bill is likely to so draw on those reserves, he shall state his opinion in writing addressed to the Speaker and shall cause his opinion to be published in the Gazette.
(2)  If the President withholds his assent to any Supply or Supplementary Supply Bill relating to any financial year and no resolution to overrule the President is passed by Parliament under Article 148D within 30 days of such withholding of assent, Parliament may by resolution authorise expenditure or supplementary expenditure, as the case may be, (not otherwise authorised by law) from the Consolidated Fund and Development Fund during that financial year:
Provided that —
(a)where the President withholds his assent to a Supply Bill, the expenditure so authorised in addition to any amount authorised under Article 148B(4) for that financial year shall not exceed the amount voted for that service or purpose in the Supply law or Final Supply law (if any) for the preceding financial year; or
(b)where the President withholds his assent to a Supplementary Supply Bill, the expenditure so authorised for any service or purpose shall not exceed the amount included in the Supplementary Supply Bill to replace any amount advanced from any Contingencies Fund under Article 148C(1) for that service or purpose.
(3)  Upon the passing of a resolution under clause (2) following the withholding of assent by the President to a Supply Bill relating to a financial year, the Supply or Final Supply law of the preceding financial year shall be deemed to authorise the issue from the Consolidated Fund and Development Fund such sums stated in the law to meet the expenditure for the financial year to which the resolution relates, and shall have effect as the Supply or Final Supply law for that financial year.
(4)  In forming his opinion under clause (1) in relation to any Supplementary Supply Bill, the President shall not have regard to any amount for any service or purpose included in the Supplementary Supply Bill which is to replace any amount advanced from any Contingencies Fund under Article 148C(1).
(5)  For the purposes of this Article and Article 148D, where, on the expiration of 30 days after a Supply Bill or Supplementary Supply Bill has been presented to the President for his assent, the President has not signified the withholding of his assent to the Bill, the President shall be deemed to have given his assent to the Bill and the date of such assent shall be deemed to be the day immediately following the expiration of the said 30 days.
Power to authorise expenditure on account, etc., or for unspecified purposes
148B.—(1)  Subject to clause (3), Parliament may, by resolution approving estimates containing a vote on account, authorise expenditure for part of any year before the passing of the Supply law for that year, but the aggregate sums so voted shall be included under the appropriate heads, in the Supply law for that year.
(2)  Subject to clause (3), Parliament may, by resolution approving a vote of credit, authorise expenditure for the whole or part of the year, otherwise than in accordance with Articles 147 and 148, if, owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency, it appears to Parliament desirable to do so.
(3)  No resolution of Parliament made under clause (1) or (2) shall have effect unless the President, acting in his discretion, concurs therewith.
(4)  If no Supply Bill has become law by the first day of the financial year to which it relates (whether by reason of the President withholding his assent thereto or otherwise), the Minister responsible for finance may, with the prior approval of the Cabinet, authorise such expenditure (not otherwise authorised by law) from the Consolidated Fund, Development Fund or other Government fund as he may consider essential for the continuance of the public services or any purpose of development shown in the estimates until there is a supply law for that financial year:
Provided that the expenditure so authorised for any service or purpose shall not exceed one-quarter of the amount voted for that service or purpose in the Supply law for the preceding financial year.
Contingencies Funds
148C.—(1)  The Legislature may by law create a Contingencies Fund each for the Consolidated Fund and for the Development Fund and authorise the Minister responsible for finance to make advances from the appropriate Contingencies Fund if —
(a)he is satisfied that there is an urgent and unforeseen need for expenditure for which no provision or no sufficient provision has been made by a Supply law; and
(b)the President, acting in his discretion, concurs with the making of such advances.
(2)  Where any advance is made by virtue of the authority conferred under clause (1), a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be presented to and voted on by Parliament and the sum shall be included in a Supplementary Supply Bill or Final Supply Bill.
Parliament may overrule President’s withholding of assent to Supply Bill, etc
148D.—(1)  Where the President withholds his assent under Article 148A to any Supply or Supplementary Supply Bill relating to any financial year contrary to the recommendation of the Council of Presidential Advisors, Parliament may by resolution passed by not less than two-thirds of the total number of the members of Parliament overrule the decision of the President.
(2)  Upon the passing of a resolution under clause (1), the assent of the President shall be deemed to have been given on the date of the passing of such resolution.
Debt charges and moneys required to satisfy judgments
148E.—(1)  The following are hereby charged on the Consolidated Fund:
(a)all debt charges for which the Government is liable; and
(b)any moneys required to satisfy any judgment, decision or award against the Government by any court or tribunal.
(2)  For the purposes of this Article, “debt charges” includes interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.
Appointment of Auditor-General
148F.—(1)  There shall be an Auditor-General who shall be appointed by the President in accordance with the advice of the Prime Minister unless the President, acting in his discretion, does not concur with that advice.
(2)  The Prime Minister shall, before tendering any advice under clause (1), consult the Chairman of the Public Service Commission.
(3)  It shall be the duty of the Auditor-General to audit and report on the accounts of all departments and offices of the Government, the Public Service Commission, the Legal Service Commission, the Education Service Commission, the Police and Civil Defence Services Commission, the Supreme Court, all subordinate courts and Parliament.
(4)  The Auditor-General shall perform such other duties and exercise such other powers in relation to the accounts of the Government and accounts of other public authorities and other bodies administering public funds as may be prescribed by or under any written law.
(5)  Subject to the provisions of this Article, the Auditor-General shall hold office until he attains the age of 55 years:
Provided that the President, acting in his discretion, may, if he concurs with the advice of the Prime Minister, permit an Auditor-General who has attained the age of 55 years to remain in office for such fixed period as may be agreed between the Auditor-General and the Government.
(6)  A person who has held office as Auditor-General shall not be eligible for any other appointment as a public officer.
(7)  The Auditor-General may at any time resign his office by writing under his hand addressed to the President.
(8)  The Auditor-General, may be removed from office by the President, if the President concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Auditor-General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and two other Judges of the Supreme Court nominated for that purpose by the Chief Justice.
(9)  The tribunal constituted under clause (8) shall regulate its own procedure and may make rules for that purpose.
(10)  Parliament shall by law provide for the remuneration of the Auditor-General and the remuneration so provided shall be charged on the Consolidated Fund.
(11)  The remuneration and other terms of service of the Auditor-General shall not be altered to his disadvantage during his continuance in office.
Duty to inform President of certain transactions
148G.—(1)  It shall be the duty of the Auditor-General and the Accountant-General to inform the President of any proposed transaction by the Government which to their knowledge is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office.
(2)  Where pursuant to clause (1) the President has been so informed of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction.
Publication of President’s opinion regarding certain liabilities of the Government
148H.  Where the President considers that certain liabilities of the Government, though not requiring his approval, are likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, he shall state his opinion in writing to the Prime Minister and shall cause the same to be published in the Gazette.”.
Amendment of Article 150
21.  Article 150 of the Constitution is amended —
(a)by inserting, immediately after the words “of this Constitution” in the fifth and sixth lines of clause (4), the words “(except Articles 22E, 22H, 144 (2) and 148A)”; and
(b)by deleting the words “the provisions of this Constitution relating to religion, citizenship or language” in clause (5)(b) and substituting the words
(i)Article 5(2A);
(ii)the provisions of this Constitution specified in Article 5(2A) conferring discretionary powers on the President; and
(iii)the provisions of this Constitution relating to religion, citizenship or language”.
Amendment of Article 151
22.  Article 151 of the Constitution is amended by inserting, immediately after clause (3), the following clause:
(4)  Where an advisory board constituted for the purposes of this Article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this Part, the person shall not be detained or further detained without the concurrence of the President if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained.”.
New Article 154A
23.  The Constitution is amended by inserting, immediately after Article 154, the following Article:
Exemption
154A.  The President, acting in his discretion, may by order in the Gazette, exempt any transaction or class of transactions, from the application of Article 144.”.
Amendment of First Schedule
24.  The First Schedule to the Constitution is amended —
(a)by deleting the form of oath for the office of the President and substituting the following form of oath:
I, ..................................................., having been *elected/appointed to exercise the functions of the 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 the Constitution of the Republic of Singapore.”; and
(b)by inserting at the end thereof the following form of oath:
8.  Oath of Secrecy of Chairman or Member of Council of Presidential Advisors.
I, .................................................., having been appointed to be *Chairman/a Member of the Council of Presidential Advisors do solemnly swear (or affirm) that I will not directly or indirectly reveal any matter considered in the Council to any unauthorised person or otherwise than in the course of duty.”.
New Fifth Schedule
25.  The Constitution is amended by inserting, immediately after the Fourth Schedule, the following Schedule:
FIFTH SCHEDULE
(Articles 22A and 22C)
Key Statutory Boards and Government Companies
Part I
1.  Board of Commissioners of Currency, Singapore.
2.  Central Provident Fund Board.
3.  Housing and Development Board.
4.  Jurong Town Corporation.
5.  Monetary Authority of Singapore.
6.  Post Office Savings Bank of Singapore.
Part II
1.  Government of Singapore Investment Corporation Pte. Ltd.
2.  MND Holdings Pte. Ltd.
3.  Singapore Technologies Holdings Pte. Ltd.
4.  Temasek Holdings Pte. Ltd.”.
Transitional provisions
26.—(1)  The person holding the office of President immediately prior to the commencement of section 4 of this Act shall continue to hold such office for the remainder of his term of office and shall exercise, perform and discharge all the functions, powers and duties conferred or imposed upon the office of President by the Constitution as amended by this Act, as if he had been elected to the office of President by the citizens of Singapore, except that if that person vacates the office of President before the expiration of his term of office, a poll shall be conducted for the election of a new President within 6 months from the date the office of President became vacant.
(2)  This Act shall not affect the appointment of any person made before the commencement of section 4 of this Act and that person shall continue to hold his office as if he had been appointed in accordance with the provisions of the Constitution as amended by this Act.
(3)  The Constitution as amended by this Act shall have effect subject to the following modifications:
(a)the initial term of office of the Government shall be the period beginning from the date of commencement of section 2 of this Act and ending on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 of the Constitution after the first general election following such commencement;
(b)Articles 22B and 22D of the Constitution shall apply from the first financial year of a statutory board or Government company beginning not less than 3 months after the commencement of section 4 of this Act;
(c)in relation to the first financial year of a statutory board or Government company beginning not less than 3 months after the commencement of section 4 of this Act, any reference in Articles 22B and 22D of the Constitution to the approved budget of the preceding financial year of the statutory board or Government company shall, in the absence of such a budget, be read as a reference to the budget of that preceding financial year; and
(d)Article 148A of the Constitution shall apply in respect of the first financial year of the Government beginning on or after the commencement of section 20 of this Act as if the resolution of Parliament authorising expenditure from the Development Fund for the preceding financial year forms part of the Supply or Final Supply law for such preceding financial year.