Internal Security (Amendment) Bill

Bill No. 10/1989

Read the first time on 16th January 1989.

An Act, made pursuant to Article 149(3) of the Constitution of the Republic of Singapore, to re-state the law applicable to judicial review of decisions made and acts done under the Internal Security Act (Chapter 143 of the 1985 Revised Edition) and to amend the said Internal Security Act and to provide for the Court of Appeal to be the final court in respect of all proceedings arising out of actions relating to internal security and questions of interpretation of the provisions of Part XII of the Constitution and any law made thereunder.

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

Short title

1. This Act may be cited as the Internal Security (Amendment) Act 1989.

New sections 8A, 8B, 8C and 8D

2. The Internal Security Act is amended by inserting, immediately after section 8, the following sections:

“Interpretation

8A. In this Part, “judicial review” means proceedings instituted by way of —

(a)	an application for any of the prerogative orders of mandamus, prohibition and certiorari;
(b)	an application for a declaration or an injunction;
(c)	any writ of habeas corpus; and
(d)	any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any provision of this Act.

Law applicable to judicial review

8B.—(1) The law governing the judicial review of any decision made or act done in pursuance of any power conferred upon the President or the Minister by the provisions of this Act shall be the same as was applicable prior to the introduction into Singapore since the 13th day of July 1971 of any part of the law of England or of any country in the Commonwealth relating to judicial review.

(2) Notwithstanding the provisions of subsection (1), there shall be no judicial review in any court of any act done or decision made by the President or the Minister under the provisions of this Act save in regard to any question relating to compliance with any procedural requirement of this Act governing such act or decision.

No appeals to Privy Council

8C. Notwithstanding the provisions of any other written law, no appeal shall lie to the Judicial Committee of Her Britannic Majesty’s Privy Council in any proceedings instituted by way of judicial review in respect of any decision made or act done under this Act or in respect of any question of interpretation of the provisions of Part XII of the Constitution or any law made thereunder.

Commencement provision

8D. Sections 8A, 8B and 8C shall apply to any proceedings instituted by way of judicial review of any decision made or act done under the provisions of this Act, whether such proceedings have been instituted before or after the commencement of the Internal Security (Amendment) Act 1989.”.

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