Constitution of the Republic of Singapore (Amendment No. 3) Bill

Bill No. 23/1990

Read the first time on 30th August 1990.

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. This Act may be cited as the Constitution of the Republic of Singapore (Amendment No. 3) Act 1990 and shall come into operation on such date as the President may, by notification in the Gazette, appoint.

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 22I”;

(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 the provisions of any law made by the Legislature governing the conduct of elections to the office of President;”;

(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 on the date immediately before the next Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after the next general election;”; 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 22N, 35, 65, 69, 70, 93A, 94, 95, 105, 107, 110A, 110B, 151 or any provision in Part 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 1 — The 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; and such law shall provide for the establishment of a Presidential Elections Committee whose function is to ensure that candidates for the office of President have the necessary experience and qualifications.

Qualifications and disabilities of President

18.—(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 —

(a)	he is a citizen of Singapore;
(b)	he is not subject to any of the disqualifications specified in Article 45; and
(c)	he satisfies the Presidential Elections Committee that he is a person with such experience and qualifications as are necessary for him to carry out effectively the functions and duties of the office of President.

(3) A person shall be deemed to have the experience and qualifications referred to in clause (2)(c) if he has held office for a period of not less than 3 years as —

(a)	Minister, Chief Justice, Speaker, Attorney-General, Judge or Judicial Commissioner of the Supreme Court, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;
(b)	chairman or chief executive officer of a statutory board to which Article 22 applies; or
(c)	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.

(4) The President shall not hold any other office created or recognised by this Constitution and shall not actively engage in any commercial enterprise and, if he is a Member of Parliament, shall vacate his seat in Parliament, but this clause shall not be construed as requiring a person exercising the functions of the office of President pursuant to Article 22M or 22N to vacate his seat in Parliament or any other office created or recognised by this Constitution.

Term of office

19.—(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.

(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

20.—(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;
(b)	the withholding of consent to a request for a dissolution of Parliament;
(c)	the withholding of assent to any Bill under Article 22D, 22G, 144 (2) or 148A;
(d)	the withholding of concurrence under Article 144 to any debt, guarantee or loan to be incurred, 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 referred to in Articles 22 and 22B;
(f)	the withholding of consent to a request for the issue of a Proclamation of Emergency under Article 150;
(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 withholding of concurrence under Article 22H in relation to any order made under the Maintenance of Religious Harmony Act 1990 [Act of 1990]; and
(i)	any other function the performance of which the President is authorised by this Constitution or any other written law to act in his discretion.

(3) The President shall consult the Council of Presidential Advisors before performing any of his functions under Articles 22A(3), 22C (3), 144 and 148A.

(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.

21. 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 member of the Council of Presidential Advisors appointed under Article 37B(1)(a);
(e)	the Chairman and members of the Public Service Commission;
(f)	the Auditor-General;
(g)	the Accountant-General;
(h)	the Chief of Defence Force;
(i)	the Chiefs of the Air Force, Army and Navy;
(j)	a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act [Cap. 295];
(k)	the Commissioner of Police; and
(l)	the Director of the Corrupt Practices Investigation Bureau.

Appointment of members of statutory boards

22.—(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) 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 following statutory boards:

(a)	Board of Commissioners of Currency, Singapore;
(b)	Central Provident Fund Board;
(c)	Housing and Development Board;
(d)	Jurong Town Corporation;
(e)	Monetary Authority of Singapore;
(f)	Port of Singapore Authority;
(g)	Post Office Savings Bank of Singapore;
(h)	Public Utilities Board;
(i)	Telecommunication Authority of Singapore; and
(j)	such other statutory board as the President, acting in accordance with the advice of the Cabinet, may by order in the Gazette, declare to be a statutory board to which this Article applies.

(4) The President shall not declare any statutory board to be a statutory board to which this Article applies unless the total value of the reserves of the statutory board is at least $100 million.

Budgets of statutory boards

22A.—(1) A statutory board to which Article 22 applies shall not during its financial year incur expenditure for which no provision is made in a budget or supplementary budget approved by the President under this Article for that financial year.

(2) Every such statutory board shall present to the President for his approval its budget or any supplementary budget for each financial year.

(3) 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 down 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 down those reserves, he shall cause his opinion to be published in the Gazette.

(4) 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 may incur expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year:

Provided that any amount so expended shall be included in any budget subsequently approved by the President during 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 chief executive officer and member of a statutory board to which this Article applies to inform the President of any proposed expenditure of the statutory board which is likely to draw down the reserves accumulated by the statutory board prior to the current term of office of the Government.

Appointment of directors of Government companies

22B.—(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) 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 following Government companies:

(a)	Government of Singapore Investment Corporation Pte. Ltd.;
(b)	MND Holdings Pte. Ltd.;
(c)	Singapore Technologies Holdings Pte. Ltd.;
(d)	Temasek Holdings Pte. Ltd.; and
(e)	such other Government company as the President, acting in accordance with the advice of the Cabinet, may by order in the Gazette, declare to be a Government company to which this Article applies.

(4) The President shall not declare any Government company to be a Government company to which this Article applies unless —

(a)	the value of the shareholder’s 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 Government company specified in clause (3)(a) to (d); and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act [Cap. 50].

Budgets of Government companies

22C.—(1) A Government company to which Article 22B applies shall not during its financial year incur expenditure for which no provision is made in a budget or supplementary budget of the Government company approved by the President under this Article for that financial year.

(2) The board of directors of every such Government company shall, before the commencement of the financial year of the company, present to the President for his approval its budget for that financial year.

(3) 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 down 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 down those reserves, he shall cause his opinion to be published in the Gazette.

(4) 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 may incur expenditure not exceeding the amount provided in the approved budget of the Government company for the preceding financial year:

Provided that any amount so expended shall be included in any budget subsequently approved by the President during that financial year.

(5) It shall be the duty of every director and chief executive officer of a Government company referred to in this Article to inform the President of any proposed expenditure of the company which is likely to draw down the reserves accumulated by the company prior to the current term of office of the Government.

Moneys of the Central Provident Fund

22D. 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

22E.—(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 22 or 22B, 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 22 or 22B, 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

22F. 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 a Minister or any allegation or complaint made against a Minister, 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.

Bill designed to circumvent or curtail powers of President

22G.—(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.

Orders made under Maintenance of Religious Harmony Act 1990

22H. Where the Presidential Council for Religious Harmony constituted under the Maintenance of Religious Harmony Act 1990 [Act of 1990] has made any recommendation under the provisions of that Act to the Minister responsible to revoke or modify any order made thereunder, the Minister shall not disregard the recommendation unless the President, acting in his discretion, concurs with the Minister.

Civil List and personal staff of President

22I.—(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 22M or 22N 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

22J.—(1) Except as provided in clause (3), while any person holds office as President, no proceedings shall be instituted or continued against him in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity.

(2) 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.

(3) The immunity conferred by clause (1) shall not apply to —

(a)	any proceedings instituted under Article 22G;
(b)	any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 22K; 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

22K.—(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 (8); 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 President may be removed from office by a resolution passed by not less than three-quarters of the total number of the Members of Parliament in accordance with this Article.

(4) No resolution referred to in clause (3) shall be passed by Parliament unless —

(a)

a notice of a motion proposing the removal of the President and the reasons for his removal has been given by the Prime Minister; and

(b)

a tribunal appointed by the Chief Justice has held an inquiry into the allegations of misconduct or otherwise made against the President and reported 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 the motion referred to in paragraph (a).

(5) The conduct of the President shall not be inquired into by a tribunal appointed under clause (4) unless —

(a)	a motion, notice of which has been given by not less than one-quarter of the total number of the Members of Parliament, proposing such inquiry be held and the reasons therefor has been moved; and
(b)	Parliament, by a resolution passed pursuant to a notice of such motion by not less than half of the total number of the Members of Parliament, has resolved that such an inquiry be held.

(6) A tribunal appointed under clause (4) shall consist of not less than 5 Judges of the Supreme Court of whom the Chief Justice shall be one, unless he otherwise decides.

(7) 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.

(8) A tribunal appointed under clause (4) shall regulate its own procedure and may make rules for that purpose.

Determination by Election Judge that President was not duly elected or election of President was void

22L.—(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

22M.—(1) If the office of President becomes vacant prior to the expiration of the term of office of the incumbent, the Chief Justice 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 Chief Justice 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

22N.—(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 22M shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22M 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)	a Chairman and one other member appointed by the President acting in his discretion;
(b)	two members appointed by the President on the advice of the Prime Minister; and
(c)	two members appointed by the President on the advice of the Chairman of the Public Service Commission.

(2) A member of the Council shall serve for a term of 3 years and shall be eligible for reappointment upon the expiry of his term of office.

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. 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 20(3) or (4).

Proceedings of Council of Presidential Advisors

37J.—(1) The proceedings of the Council shall be conducted in private and it shall not be entitled to hear objectors or examine witnesses in regard to any matter which is being considered by the Council.

(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 22K(5)(a) unless —

(a)	a resolution is not passed pursuant to the notice of such motion under Article 22K(5)(b);
(b)	where a resolution has been passed pursuant to the notice of such motion under Article 22K(5)(b), the tribunal appointed under Article 22K(4) 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 22K(3); 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 debt, guarantee or loan shall be incurred, given or raised by the Government —

(a)	under the authority of any resolution of Parliament unless the President concurs therewith;
(b)	under the authority of any law to which this paragraph applies unless the President concurs with the incurrence, giving or raising of such debt, guarantee or loan;
(c)	except under the authority of any other written law; or
(d)	in any other case, except with the concurrence of the President.

(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 down the reserves of the Government which were not accumulated by the Government during its current term of office.

(3) It shall be the duty of every public officer to inform the President of any debt, guarantee or loan which to the knowledge of the public officer is to be incurred, given or raised by the Government otherwise than under the authority of law.

(4) 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.

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; or
(c)	authorised to be issued by a resolution passed by Parliament under Article 148B with which the President concurs.

(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.

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 expenditure, a statement showing as far as is practicable the assets and liabilities of Singapore at the end of the last completed financial year, the manner in which those assets are invested or held and the general heads in respect of which those liabilities are outstanding.

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 22I(3), 35 (10), 41, 42 (3), 108 (1), 114 and 148E 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 down 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 down 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 the expenditure so authorised for any service or purpose 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.

(3) Upon the passing of a resolution under clause (2) in relation 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.

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.

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 either 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.”.

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 22D, 22G, 144 (2) and 148A)”; and
(b)	by deleting the words “or language” in clause (5)(b) and substituting the words “, language or the discretionary powers conferred upon the President”.

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 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.

”.

Transitional provisions

25.—(1) The person holding the office of President immediately prior to the commencement 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 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 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 22A and 22C of the Constitution shall apply from the first financial year of a statutory board or Government company beginning on or after the commencement of this Act;
(c)	in relation to the first financial year of a statutory board or Government company beginning on or after the commencement of this Act, any reference in Articles 22A and 22C 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 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.

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