2. Part IVA of the Constitution of Singapore is hereby repealed and the following substituted therefor: —“PART IVA | PRESIDENTIAL COUNCIL FOR MINORITY RIGHTS |
81A. In this Part, unless the context otherwise requires —| “adverse report” means a report of the Council stating that, in the opinion of the Council, some specified provision of a Bill or of a subsidiary legislation would be a differentiating measure; |
| “Chairman” means the Chairman of the Council; |
| “Council” means the Presidential Council for Minority Rights established under Article 81B of this Constitution; |
| “differentiating measure” means any measure which is, or is likely in its practical application to be, disadvantageous to persons of any racial or religious community and not equally disadvantageous to persons of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community; |
| “member” means a member of the Council and includes the Chairman; |
“Money Bill” means a Bill which contains only provisions dealing with all or any of the following matters, namely: —| (a) | the imposition, repeal, remission, alteration or regulation of taxation; | | (b) | the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds, or the variation or repeal of any such charges; | | (c) | the grant of money to the Government or to any authority or person, or the variation or revocation of any such grant; | | (d) | the appropriation, receipt, custody, investment, issue or audit of accounts of public money; | | (e) | the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; | | (f) | subordinate matters which are ancillary or incidental to any of the foregoing matters; |
|
| “sitting day” means any date on which Parliament meets. |
|
| Establishment of Presidential Council for Minority Rights |
81B.—(1) There shall be a Presidential Council for Minority Rights which shall consist of —| (a) | a Chairman appointed for a period of three years; | | (b) | ten permanent members appointed for life; and | | (c) | ten other members appointed for a period of three years. |
| (2) The Chairman and the members shall be appointed by the President on the advice of the Cabinet. |
| (3) The Chairman and the members appointed under paragraph (c) of clause (1) of this Article shall be eligible for re-appointment. |
|
| Temporary appointment during incapacity of member |
| 81C. Whenever a member informs the Chairman that he is or will be incapable, for a period of three 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 President who may, on the advice of the Cabinet, appoint a person to serve as a member for that period. |
| Qualifications of members |
81D. No person shall be qualified to be appointed as a member unless —| (a) | he is a citizen of Singapore; | | (b) | he is not less than thirty-five years of age; | | (c) | he is resident in Singapore; and | | (d) | he is not liable to any of the disqualifications provided in Article 81E of this Constitution. |
|
| Disqualifications of members |
81E. A person shall be disqualified for appointment as a member who —| (a) | is or has been found or declared to be of unsound mind; | | (b) | is insolvent or an undischarged bankrupt; | | (c) | has been convicted of an offence by a court in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand dollars and has not received a free pardon:| Provided that where the conviction is by a court in Malaysia, 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; or |
|
| | (d) | has voluntarily acquired citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country. |
|
| Termination of membership |
81F. 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 provided in Article 81E of this Constitution. |
|
| Determination of questions as to membership |
81G.—(1) Any question whether any person has become a member or has vacated his seat as such member shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and two members appointed by the Council.(2) Any tribunal constituted under clause (1) of this Article 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 open to question in any court. |
|
| Oaths of Allegiance and Secrecy |
| 81H. 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 at paragraphs 2 and 7 in the First Schedule to this Constitution. |
| General function of the Council |
81I.—(1) It shall be the general function of the Council to consider and report on such matters affecting persons of any racial or religious community in Singapore as may be referred to the Council by Parliament or the Government.| (2) A reference to the Council by Parliament may be made by the Speaker, and a reference to the Council by the Government may be made by a Minister. |
|
| Functions of the Council in respect of Bills and subsidiary legislation |
| 81J. It shall be the particular function of the Council to draw attention to any Bill or to any subsidiary legislation if that Bill or subsidiary legislation is in the opinion of the Council a differentiating measure. |
| Copies of Bills and amendments thereto to be sent to the Council |
81K.—(1) Immediately after any Bill to which this Article applies has been given a final reading and passed by Parliament and before it is presented to the President for assent, the Speaker shall cause an authenticated copy of the Bill to be sent to the Council.| (2) The Council shall consider the Bill and shall, within thirty days of the date on which the Bill was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Bill would, if enacted, be a differentiating measure. |
| (3) Whenever after the receipt of an adverse report from the Council, the Bill to which it relates is amended by Parliament, the Speaker shall cause the Bill in its amended form to be sent again to the Council. |
| (4) On the application of the Chairman, the Speaker may extend, as he thinks fit, the period of thirty days prescribed by clause (2) of this Article, where he considers it proper to do so on account of the length or complexity of any Bill or the number of matters for the time being under consideration by the Council or for any sufficient reason. |
| (5) The Speaker shall cause every report received by him from the Council in pursuance of clause (2) of this Article to be presented to Parliament without undue delay. Where the Speaker receives no such report on the Bill within the time provided in clause (2) of this Article, or any extension thereof granted under clause (4) of this Article, it shall be conclusively presumed that the Council is of the opinion that no provision of the Bill would, if enacted, be a differentiating measure. |
(6) No Bill to which this Article applies shall be presented to the President for assent unless it is accompanied by a certificate under the hand of the Speaker stating that —| (a) | in the opinion of the Council no provision of the Bill would, if enacted, be a differentiating measure; | | (b) | no report having been received from the Council within the time prescribed or any extension thereof, the Council is presumed to be of the opinion that no provision of the Bill would, if enacted, be a differentiating measure; or | | (c) | notwithstanding the opinion of the Council that some specified provision of the Bill would, if enacted, be a differentiating measure, a motion for the presentation of the Bill to the President for assent has been passed by the affirmative vote of not less than two-thirds of the total membership of Parliament. |
|
(7) The provisions of this Article shall not apply to —| (a) | a Money Bill; | | (b) | a Bill certified by the Prime Minister as being one which affects the defence or the security of Singapore or which relates to public safety, peace or good order in Singapore; or | | (c) | a Bill certified by the Prime Minister to be so urgent that it is not in the public interest to delay its enactment. |
|
| (8) A Bill shall be deemed to be a Money Bill if the Speaker certifies in writing that, in his opinion, it is a Bill to which the definition of “Money Bill” contained in Article 81A of this Constitution applies. No Money Bill shall be presented to the President for assent, unless it is accompanied by the Speaker’s certificate which shall be conclusive for all purposes and shall not be open to question in any court. |
|
| Functions of the Council in regard to Bills enacted on a certificate of urgency |
81L.—(1) Where the President assents to a Bill which has been certified as urgent by the Prime Minister under clause (7) of Article 81K of this Constitution, it shall nevertheless be the duty of the Speaker to cause an authenticated copy of the Act to be sent as soon as may be to the Council.| (2) The Council shall thereupon consider the Act and shall, within thirty days of the date on which the Act was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Act is a differentiating measure. |
| (3) The Speaker shall cause any such report to be presented to Parliament as soon as may be. |
|
| Functions of the Council in regard to subsidiary legislation |
81M.—(1) An authenticated copy of every subsidiary legislation shall be sent to the Council by the appropriate Minister within fourteen days of the publication of such subsidiary legislation.| (2) The Council shall thereupon consider such subsidiary legislation and shall, within thirty days of the date on which the subsidiary legislation was sent to the Council, make a report to the Speaker and to the appropriate Minister, stating whether or not in the opinion of the Council any and, if so, which provision of the subsidiary legislation is a differentiating measure. |
| (3) The Speaker shall cause every report of the Council on a subsidiary legislation to be presented to Parliament on the next sitting day after receiving the Council’s report. |
(4) Where an adverse report in respect of any provision of any subsidiary legislation is presented to Parliament in pursuance of clause (3) of this Article, then, within six months after the presentation of that report, unless either —| (a) | the provision has been revoked or amended by the appropriate Minister; or | | (b) | Parliament has passed a resolution confirming that provision, |
| the appropriate Minister shall revoke such provision and cause a notice of revocation to be published in the Gazette. |
|
| (5) If no report on any subsidiary legislation is received from the Council within the time provided in clause (2) of this Article, it shall be conclusively presumed that the Council is of the opinion that no provision in such subsidiary legislation is a differentiating measure. |
|
| Functions of the Council in regard to certain written law |
81N.—(1) The Council may examine any written law in force on the 9th day of January, 1970, and may make a report in regard to any provision in such written law which in the opinion of the Council is a differentiating measure.| (2) The Council shall send such report to the Speaker and the Speaker shall cause such report to be presented to Parliament as soon as may be. |
| (3) In the case of a report on any subsidiary legislation the Council shall also cause a copy of the report to be sent to the appropriate Minister. |
|
81O.—(1) The Council shall meet on the summons of the Chairman.| (2) The Chairman, if present, shall preside at all meetings of the Council. |
| (3) Whenever the office of Chairman is vacant or the Chairman for any reason is unable to attend, some other member of the Council shall be elected by the Council to act as Chairman. |
|
81P.—(1) The Council shall not transact any business unless a quorum of ten members, including the Chairman or member presiding, is present.| (2) Any decision of the Council shall be made by a majority of the votes of the members present and voting. |
| (3) The Chairman or member presiding shall have an original vote but not a casting vote. |
| (4) If upon any question before the Council the votes of the members are equally divided, the motion shall be deemed to be lost. |
|
| Proceedings of the Council to be in private |
| 81Q. The proceedings of the Council shall be conducted in private and the Council shall not be entitled to hear objectors or examine witnesses in regard to any Bill or law which is being considered by the Council in pursuance of the provisions of this Part. |
81R. In reporting the opinion of the Council under the provisions of this Part, the Council shall state —| (a) | either that the report is unanimous or the number of votes for and against it; and | | (b) | in the case of an adverse report, the grounds on which the Council has reached its conclusion. |
|
| Validity of proceedings notwithstanding vacancy in membership |
| 81S. Subject to the provisions of clause (1) of Article 81P of this Constitution, the Council shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings. |
| Attendance of Minister, etc. |
| 81T. Any Minister, Minister of State or Parliamentary Secretary specially authorised by the Prime Minister for this purpose shall be entitled to attend and take part in the proceedings of the Council as if he were a member but shall not have the right to vote in the Council. |
| Power of Council to make rules regulating procedure |
| 81U. 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 but no such rules shall have effect until they have been approved by the President. |
81V.—(1) Once in every year it shall be the duty of the Council to compile and present to the President a report on the work of the Council during the preceding twelve months.| (2) The President shall cause such report to be presented to Parliament as soon as may be. |
|
81W.—(1) There shall be paid to the Chairman and the other members such salaries and fees as may be determined by the President.| (2) The salaries and fees payable under clause (1) of this Article shall be defrayed out of monies provided by Parliament. |
|
| 81X. The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions under this Part. |
| Power to make rules generally |
| 81Y. The President may make rules for the conduct of business between the Council and Parliament and between the Council and any authority empowered to make subsidiary legislation, and generally for carrying out the purposes of this Part.”. |
|
|
|
