Constitution (Amendment) Bill

Bill No. 5/1969

Read the first time on 8th April 1969.

An Act to amend the Constitution 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 (Amendment) Act, 1969, and shall come into operation on such date as the President may, by notification in the Gazette, appoint.

New Part IIA

2. The Constitution of Singapore (hereinafter in this Act referred to as “the Constitution”) is hereby amended by inserting immediately after Article 52 thereof the following new Part: —

“PART IIA

JUDICIARY

Judicial power of Singapore

52A. The judicial power of Singapore shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.

Constitution of Supreme Court

52B.—(1) The Supreme Court shall consist of a Chief Justice and such other Judges as may from time to time be appointed:

Provided that the office of a Judge of the Supreme Court shall not be abolished during his continuance in office.

(2) A person qualified for appointment as a Judge of the Supreme Court may sit as a Judge of that Court, if designated for the purpose (as occasion requires) in accordance with Article 52C of this Constitution, and such person shall hold office for such period as the President, acting on the advice of the Prime Minister, shall direct.

Appointment of Judges of Supreme Court

52C.—(1) The Chief Justice and the other Judges of the Supreme Court shall be appointed by the President, acting on the advice of the Prime Minister.

(2) Before tendering his advice as to the appointment under clause (1) of this Article of a Judge, other than the Chief Justice, the Prime Minister shall consult the Chief Justice.

(3) This Article shall apply to the designation of a person to sit as a Judge of the Supreme Court under clause (2) of Article 52B of this Constitution as it applies to the appointment of a Judge of that Court other than the Chief Justice.

Qualifications of Judges of Supreme Court

52D. A person is qualified for appointment as a Judge of the Supreme Court if —

(a)	he is a citizen of Singapore; and
(b)	he has for an aggregate period of not less than ten years been an advocate and solicitor or a member of the Legal Service in Singapore or both.

Oath of office of Judges of Supreme Court

52E. The Chief Justice and every person appointed to be a Judge of the Supreme Court shall, before he enters on the execution of his office, take, in the presence of the President, the oath of office and allegiance in the form set out in the First Schedule to this Constitution.

Tenure of office and remuneration of Judges of Supreme Court

52F.—(1) Subject to the provisions of this Article, a Judge of the Supreme Court shall hold office until he attains the age of sixty-five years or such later time not being later than six months after he attains that age, as the President may approve.

(2) A Judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the President, but shall not be removed from office except in accordance with the following provisions of this Article.

(3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a Judge of the Supreme Court ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his office, the President shall appoint a tribunal in accordance with clause (4) of this Article and shall refer that representation to it; and may on the recommendation of the tribunal remove the Judge from office.

(4) The tribunal shall consist of not less than five persons who hold or have held office as a Judge of the Supreme Court or the High Court in Singapore, or, if it appears to the President expedient to make such an appointment, persons who hold or have held equivalent office in any part of the Commonwealth, and the tribunal shall be presided over by the member first in the following order, namely, the Chief Justices according to their precedence among themselves and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date).

(5) Pending any reference and report under clause (3) of this Article, the President may, on the recommendation of the Prime Minister and, in the case of any other Judge, after consulting the Chief Justice, suspend a Judge of the Supreme Court from the exercise of his functions.

(6) Parliament shall by law provide for the remuneration of the Judges of the Supreme Court and the remuneration so provided shall be charged on the Consolidated Fund.

(7) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of the Judges of the Supreme Court, other than their remuneration.

(8) The remuneration and other terms of office (including pension rights) of a Judge of the Supreme Court shall not be altered to his disadvantage after his appointment.

(9) Notwithstanding clause (1) of this Article, the validity of anything done by a Judge of the Supreme Court shall not be questioned on the ground that he had attained the age on which he was required to retire.

Restriction on Parliamentary discussion of conduct of a Judge of Supreme Court

52G. The conduct of a Judge of the Supreme Court shall not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one-quarter of the total number of Members of Parliament.

Appeals from Supreme Court

52H.—(1) The President may make arrangements with Her Majesty for reference to the Judicial Committee of Her Britannic Majesty’s Privy Council of appeals from the Supreme Court.

(2) Any appeal under this Article shall be subject to such conditions as to leave or otherwise as may be prescribed by any written law or by or under the enactments regulating the proceedings of the Judicial Committee of Her Britannic Majesty’s Privy Council.

Continuance of existing Judges

52I.—(1) The Chief Justice of Singapore and other Judges of the Federal Court and the High Court in Singapore holding office immediately before the appointed day shall, as from that day, become the Chief Justice and the Judges of the Supreme Court respectively, and the provisions of this Part of this Constitution shall, subject to clause (2) of this Article apply to them accordingly.

(2) The persons becoming the Chief Justice and the other Judges of the Supreme Court under clause (1) of this Article shall continue to hold office on terms and conditions not less favourable than those applicable to them immediately before the appointed day.

(3) For the purposes of this Article,

“appointed day” means the day appointed for the coming into operation of this Part of this Constitution.”.

New Part IVA

3. The Constitution is hereby amended by inserting immediately after Article 81 thereof the following new Part: —

“PART IVA

PRESIDENTIAL COUNCIL

Interpretation

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 or otherwise inconsistent with the fundamental liberties of the subject;

“Chairman” means the Chairman of the Council;

“Council” means the Presidential Council 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;

“inconsistent with the fundamental liberties of the subject” means inconsistent with or in contravention of any fundamental liberties contained in Part II of the Constitution of Malaysia as is applicable to Singapore;

“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

81B.—(1) There shall be a Presidential Council 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 of the Council shall be appointed by the President on the advice of the Cabinet.

(3) The Chairman and the members of the Council 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 of the Council 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 of the Council for that period.

Qualifications for members

81D. No person shall be qualified to be appointed as a member of the Council 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 of the Council 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 right 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 of the Council 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 of the Council 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 of the Council.

(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 of the Council enters upon the duties of his office, he shall take and subscribe before a Judge of the Supreme Court the oaths of allegiance and of secrecy in the forms set out 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 or otherwise inconsistent with the fundamental liberties of the subject.

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 submitted to the Council.

(2) The Council shall consider the Bill and within thirty days of the date on which the Bill is submitted to the Council shall make a report addressed 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 or otherwise inconsistent with the fundamental liberties of the subject.

(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 submitted again to the Council.

(4) On the application of the Chairman of the Council, 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 or otherwise inconsistent with the fundamental liberties of the subject.

(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 or otherwise inconsistent with the fundamental liberties of the subject; or
(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 otherwise inconsistent with the fundamental liberties of the subject; or
(c)	notwithstanding the opinion of the Council that some specified provision of the Bill would, if enacted, be a differentiating measure or otherwise inconsistent with the fundamental liberties of the subject, 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; or
(b)	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 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 or otherwise inconsistent with the fundamental liberties of the subject.

(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 by the appropriate Minister to the Council 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 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 or otherwise inconsistent with the fundamental liberties of the subject.

(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 no provision in such subsidiary legislation is a differentiating measure or otherwise inconsistent with the fundamental liberties of the subject.

Functions of the Council in regard to written law in force on the appointed day

81N.—(1) The Council may examine any written law in force on the date of the coming into operation of this Part of this Constitution, 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 or otherwise inconsistent with the fundamental liberties of the subject.

(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.

Duties of Chairman

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.

Quorum and voting

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 of this Constitution.

Council’s report

81R. In reporting the opinion of the Council under the provisions of this Part of this Constitution, 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 nothwithstanding vacancy of 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 of the Council 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.

Annual report

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.

Salaries and fees

81W.—(1) There shall be paid to the Chairman and the other members of the Council 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.

Appointment of staff

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 of this Constitution.

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 of this Constitution.”.

Consequential amendments

4.—(1) Article 42 of the Constitution is hereby amended by deleting the word “The” appearing in the first line of clause (1) thereof and substituting therefor the expression “Subject to the provisions of Part IVA of this Constitution, the”.

(2) Article 91 of the Constitution is hereby amended by deleting the definition of “High Court” appearing in clause (1) thereof.

(3) In the following provisions of the Constitution, for the reference to a Judge of the High Court or Judges of the High Court, there shall be substituted a reference to a Judge of the Supreme Court or Judges of the Supreme Court respectively: —

Articles 3, 19(1), 19(6)(a), 63(2), 71(6) and 73(2).

Amendment of First Schedule

5. The First Schedule to the Constitution is hereby amended by inserting at the end thereof the following: —

“6.	Oath of Office and Allegiance of Chief Justice and a Supreme Court Judge.

I, .................................., having been appointed to the office of ................................. do solemnly swear (or affirm) that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and I will be faithful and bear true allegiance to the Republic of Singapore, and will preserve, protect and defend its Constitution.

7.	Oath of Secrecy of Chairman or Member of Presidential Council

I, .................................. having been appointed to be Chairman/a Member of the Presidential Council of Singapore do solemnly swear that I will not directly or indirectly reveal any matter considered in the Presidential Council to any unauthorised person or otherwise than in the course of duty. So help me God.”.

Part IX of Constitution of Malaysia to cease to apply

6. Part IX of the Constitution of Malaysia shall cease to apply to Singapore.

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