Women’s Charter (Amendment) Bill

Bill No. 5/1996

Read the first time on 18th January 1996.
An Act to amend the Women’s Charter (Chapter 353 of the 1985 Revised Edition).
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 Women’s Charter (Amendment) Act 1996 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2 of the Women’s Charter is amended —
(a)by deleting the definition of “Po Leung Kuk Fund”; and
(b)by deleting the definition of “register of marriages” and substituting the following definition:
“ “register of marriages” means the State Marriage Register kept under this Act;”.
Amendment of section 10
3.  Section 10(2) of the Women’s Charter is amended by deleting the words “applicable to the parties thereto and, where a marriage is solemnized under such licence, the marriage shall be deemed to be valid” in the sixth, seventh and eighth lines and substituting the words “which would have been applicable to the parties thereto if this Act had not been enacted and a marriage solemnized under such a licence shall be valid”.
New section 11A
4.  The Women’s Charter is amended by inserting, immediately after section 11, the following section:
“Avoidance of marriages between persons of same sex
11A.—(1)  A marriage solemnized in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female shall be void.
(2)  It is hereby declared that, subject to sections 5, 9, 10, 11 and 21, a marriage solemnized in Singapore or elsewhere between a person who has undergone a sex re-assignment procedure and any person of the opposite sex is and shall be deemed always to have been a valid marriage.
(3)  For the purpose of this section —
(a)the sex of any party to a marriage as stated at the time of the marriage in his or her identity card issued under the National Registration Act [Cap. 201] shall be conclusive evidence of the sex of the party; and
(b)a person who has undergone a sex re-assignment procedure shall be identified as being of the sex to which the person has been re-assigned.
(4)  Nothing in subsection (2) shall validate any such marriage which had been declared by the High Court before the commencement of the Women’s Charter (Amendment) Act 1996 to be null and void on the ground that the parties were of the same sex.”.
Amendment of section 15
5.  Section 15 of the Women’s Charter is amended —
(a)by inserting, immediately after the word “serially” at the end of subsection (1), the words “, by electronic media or other means”; and
(b)by deleting subsection (2) and substituting the following subsection:
“(2)  The Registrar shall also cause a computer print-out summary of all notices filed during the day to be displayed in an electronic terminal in a conspicuous place in his office and shall keep the same so displayed until he issues a marriage licence under section 16, or until 3 months shall have elapsed.”.
Amendment of section 26
6.  Section 26 of the Women’s Charter is amended —
(a)by deleting subsection (1) and substituting the following subsection:
“(1)  The Registrar shall keep a State Marriage Register as prescribed by this Act or the rules made thereunder.”; and
(b)by deleting subsections (2) and (4).
Amendment of section 27
7.  Section 27 of the Women’s Charter is amended —
(a)by deleting the words “local marriage register and also in the certificate of marriage attached to the marriage register” in subsection (1) and substituting the words “certificate of marriage”; and
(b)by deleting the words “both the local marriage register and” in the first and second lines of subsection (2).
Amendment of section 28
8.  Section 28 of the Women’s Charter is amended —
(a)by deleting the words “local marriage register and also in the certificate of marriage attached to the marriage register” in subsection (2) and substituting the words “certificate of marriage”; and
(b)by deleting the words “both the local marriage register and” in the first and second lines of subsection (3).
Amendment of section 42
9.  Section 42 of the Women’s Charter is amended —
(a)by deleting the words “and he shall thereupon cause the entry in the local marriage register to be corrected in the same manner” in the seventh, eighth and ninth lines of subsection (1); and
(b)by deleting the words “and the local marriage register” in subsection (2).
New Part VIA
10.  The Women’s Charter is amended by inserting, immediately after section 60, the following Part:
“PART VIA
PROTECTION OF FAMILY
Definitions
60A.  In this Part, unless the context otherwise requires —
“applicant” means the person who applies for a protection order or, where the application is made by a person referred to in section 60B(10), the child or incapacitated person on whose behalf the application is made;
“court” means a District Court or a Magistrate’s Court;
“expedited order” means an order made under section 60C(1);
“family member”, in relation to a person, means —
(a)a spouse or former spouse of the person;
(b)a child of the person, including an adopted child and a step-child;
(c)a father or mother of the person;
(d)a father-in-law or mother-in-law of the person;
(e)a brother or sister of the person; or
(f)any other relative of the person or an incapacitated person who in the opinion of the court should, in the circumstances, in either case be regarded as a member of the family of the person;
“family violence” means the commission of any of the following acts:
(a)wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
(b)causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
(c)wrongfully confining or restraining a family member against his will; or
(d)causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member,
but does not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years of age;
“hurt” means bodily pain, disease or infirmity;
“incapacitated person” means a person who is wholly or partially incapacitated or infirm, by reason of physical or mental disability or ill-health or old age;
“protection order” means an order made under section 60B;
“protected person” means a person who is protected under a protection order;
“relative” includes a person who is related through marriage or adoption;
“shared residence” means the premises at which the parties are, or have been, living together as members of the same household.
Protection order
60B.—(1)  The court may, upon satisfaction on a balance of probabilities that family violence has been committed or is likely to be committed against a family member and that it is necessary for the protection of the family member, make a protection order restraining the person against whom the order is made from using family violence against the family member.
(2)  An application for a protection order may be made by the family member concerned or any person referred to in subsection (10).
(3)  A protection order may be made subject to such exceptions or conditions as may be specified in the order and for such term as may be specified.
(4)  The court, in making a protection order, may include a provision that the person against whom the order is made may not incite or assist any other person to commit family violence against the protected person.
(5)  A protection order may, where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, provide for such orders as the court thinks fit having regard to all the circumstances of the case, including any one or more of the following orders:
(a)the granting of the right of exclusive occupation to any protected person of the shared residence or a specified part of the shared residence by excluding the person against whom the order is made from the shared residence or specified part thereof, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;
(b)referring the person against whom the order is made to attend counselling provided by such body as the Minister may approve or as the court may direct; and
(c)the giving of any such direction as is necessary for and incidental to the proper carrying into effect of any order made under this section.
(6)  Except so far as the exercise by the person against whom a protection order is made of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (5), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the residence.
(7)  Where a person against whom a protection order or an expedited order has been made contravenes the order, the court may, in addition to any penalty provided for under subsection (8), make, as the case may be, any one or more of the orders under subsection (5), to commence from such date as is specified in such new order.
(8)  Any person who wilfully contravenes a protection order or an expedited order or an order made by virtue of subsection (5), except an order made by virtue of subsection (5)(b), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(9)  Any failure to comply with an order made by virtue of subsection (5)(b) shall be punishable as a contempt of court.
(10)  In the case of a child below 21 years of age or an incapacitated person, an application under this section or section 60C may be made by a guardian or relative or person responsible for the care of the child or incapacitated person, as the case may be, or by an officer appointed by the Minister.
(11)  An offence under subsection (8) shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code [Cap. 68].
Expedited order
60C.—(1)  Where, upon an application for a protection order under section 60B, the court is satisfied that there is imminent danger of family violence being committed against the applicant, the court may make the protection order notwithstanding —
(a)that the summons has not been served on the respondent or has not been served on the respondent within a reasonable time before the hearing of the application; or
(b)that the summons requires the respondent to appear at some time or place.
(2)  An expedited order shall not take effect until the date on which notice of the making of the order is served on the respondent in such manner as may be prescribed or, if the court has specified a later date as the date on which the order is to take effect, that later date, and an expedited order shall cease to have effect on whichever of the following dates occurs first:
(a)the date of the expiration of a period of 28 days beginning with the date of the making of the order; or
(b)the date of commencement of the hearing of the application for an order under this section.
(3)  Notwithstanding subsection (2), the court may extend the duration of the expedited order.
Supplementary provisions with respect to orders under sections 60B and 60C
60D.—(1)  The court shall, on an application made by the applicant or the person against whom a protection order or an expedited order is made, have power by order to vary, suspend or revoke such order.
(2)  Rules of Court may be made for the purpose of giving effect to sections 60B and 60C; and any such Rules may in particular make provision for the hearing without delay of any application for an order under section 60B(5)(a).
(3)  The expiry by virtue of section 60C(2) of an expedited order shall not prejudice the making of a further expedited order under that section.”.
Amendment of section 61
11.  Section 61 of the Women’s Charter is amended —
(a)by inserting, immediately after the word “child” in the second line of subsection (2), the words “of any age”;
(b)by deleting the word “and” at the end of paragraph (c) of subsection (4), and by inserting immediately thereafter the following paragraphs:
“(ca)the age of each party to the marriage and the duration of the marriage;
(cb)the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family; and”; and
(c)by deleting subsection (6) and substituting the following subsections:
“(6)  A court before which any application under this section is heard may give consideration to the possibility of a harmonious resolution of the matter and for this purpose may, at any stage in the proceedings, refer the parties for mediation or to attend counselling provided by such body as the Minister may approve or as the court may direct.
(7)  The court shall have the powers conferred by section 78 in respect of proceedings relating to maintenance under this section.”.
Amendment of section 67
12.  Section 67 of the Women’s Charter is amended by inserting, immediately after the words “this Part” wherever they appear in subsections (1) and (3), the words “and Part VIA”.
Repeal of sections 68, 69 and 70
13.  Sections 68, 69 and 70 of the Women’s Charter are repealed.
Amendment of section 72
14.  Section 72 of the Women’s Charter is amended —
(a)by inserting, immediately after the words “this Part” wherever they appear in subsection (1), the words “and Part VIA”; and
(b)by inserting, immediately after subsection (2), the following subsection:
“(3)  A court before which any application under this Part or Part VIA is heard may make such order as to costs as it thinks fit.”.
Amendment of section 73
15.  Section 73 of the Women’s Charter is amended by inserting, immediately after paragraph (b) in the definition of “earnings”, the following paragraph:
“(c)if the defendant is a self-employed person, by way of payments received from self-employment;”.
New section 82A
16.  The Women’s Charter is amended by inserting, immediately after section 82, the following section:
“Costs of proceedings
82A.  A court before which proceedings relating to an attachment of earnings order are brought may make such order as to costs as it thinks fit.”.
Amendment of section 83
17.  Section 83(1) of the Women’s Charter is amended —
(a)by deleting paragraph (a) and substituting the following paragraph:
“(a)fails to comply with section 77(1) or (4) or section 79, or an order of a court under section 78(1);”; and
(b)by deleting “$1,000” in the twelfth line and substituting “$2,000”.
Amendment of section 99
18.  Section 99 of the Women’s Charter is amended by inserting, immediately after “11” in paragraph (a), “, 11A”.
Repeal and re-enactment of section 106
19.  Section 106 of the Women’s Charter is repealed and the following section substituted therefor:
“Power of court to order division of matrimonial assets
106.—(1)  The court shall have power, when granting or subsequent to the grant of a decree of divorce, judicial separation or nullity of marriage, to order the division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset in such proportions as the court thinks just and equitable.
(2)  It shall be the duty of the court in deciding whether to exercise its powers under subsection (1) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:
(a)the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets;
(b)any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage;
(c)the needs of the children (if any) of the marriage;
(d)the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;
(e)any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce;
(f)any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party;
(g)the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; and
(h)the matters referred to in section 108(1) so far as they are relevant.
(3)  The court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section.
(4)  The court may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made.
(5)  In particular, but without limiting the generality of subsections (3) and (4), the court may make any one or more of the following orders:
(a)an order for the sale of any matrimonial asset or any part thereof, and for the division, vesting or settlement of the proceeds;
(b)an order vesting any matrimonial asset owned by both parties jointly in both the parties in common in such shares as the court considers just and equitable;
(c)an order vesting any matrimonial asset or any part thereof in either party;
(d)an order for any matrimonial asset, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order;
(e)an order postponing the sale or vesting of any share in any matrimonial asset, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order;
(f)an order granting to either party, for such period and on such terms as the court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; and
(g)an order for the payment of a sum of money by one party to the other party.
(6)  Where under any order made under this section one party is or may become liable to pay to the other party a sum of money, the court may direct that it shall be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions (including a condition requiring the payment of interest) as the court thinks fit.
(7)  Where, pursuant to this section, the court makes an order for the sale of any matrimonial asset and for the division, application or settlement of the proceeds, the court may appoint a person to sell the asset and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the asset is vested.
(8)  Any order under this section may be made upon such terms and subject to such conditions (if any) as the court thinks fit.
(9)  Where the court, by any order under this section, appoints a person (including the Registrar or other officer of the court) to act as a trustee or to sell any matrimonial asset and to divide, apply and settle the proceeds thereof, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his costs and expenses.
(10)  For the purposes of this section, “matrimonial asset” means —
(a)any asset acquired before the marriage by one party or both parties to the marriage —
(i)ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or
(ii)which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
(b)any other asset of any nature acquired during the marriage by one party or both parties to the marriage,
but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.”.
Amendment of section 119
20.  Section 119 of the Women’s Charter is amended by inserting, immediately after subsection (2), the following subsection:
“(3)  A court before which any proceedings under this section is heard may give consideration to the possibility of a harmonious resolution of the matter and for this purpose may, at any stage in the proceedings, refer the parties for mediation or to attend counselling provided by such body as the Minister may approve or as the court may direct.”.
Amendment of section 122
21.  Section 122 of the Women’s Charter is amended by inserting, immediately after subsection (3), the following subsection:
“(3A)  The court may, if it thinks fit, order a parent to pay maintenance for the benefit of his child who is 21 years of age or above and is unable to maintain himself.”.
Amendment of section 125
22.  Section 125 of the Women’s Charter is amended by inserting, immediately after the word “years” at the end of paragraph (a), the words “unless the order otherwise provides”.
Amendment of section 139
23.  Section 139 of the Women’s Charter is amended by deleting subsection (3).
Amendment of section 140
24.  Section 140(4) of the Women’s Charter is amended by deleting the words “24 years” in the proviso and substituting the words “21 years”.
Amendment of section 153
25.  Section 153 of the Women’s Charter is amended by deleting the words “section 354 or 376, or sections 354 and 511, or sections 376 and 511” in the third and fourth lines of subsections (1) and (3) and substituting in each case the words “section 354, 354A, 376 or 376B, or sections 354 and 511, or sections 354A and 511, or sections 376 and 511, or sections 376B and 511”.
Amendment of section 178
26.  Section 178 of the Women’s Charter is amended by deleting subsection (3) and substituting the following subsections:
“(3)  A Board of Visitors shall consist of such number of persons as the Minister may determine.
(4)  Every person appointed under subsection (1) may enter at reasonable times any place of safety and make such inquiry or examination therein as appears to him necessary and shall also make such report as the Minister may require.
(5)  Notwithstanding subsection (1), the Minister may direct a Board of Visitors —
(a)to visit any place which is established for the purposes of care and reception of women and girls and which is not a place of safety; and
(b)to make such inquiry or examination therein as appears to the Board necessary and also to make such report as the Minister may require.
(6)  Any person who refuses admittance to any place of safety or any place referred to in subsection (5) to any member of a Board of Visitors, the Director or any officer deputed by the Director for the purpose or who offers any hindrance or obstruction to any such persons after his identity is reasonably established shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.”.
Amendment of section 179
27.  Section 179 of the Women’s Charter is amended by deleting subsection (3) and substituting the following subsection:
“(3)  A Discharge Committee shall consist of such number of persons as the Minister may determine.”.
Amendment of section 180
28.  Section 180(1) of the Women’s Charter is amended by deleting paragraph (i).
Amendment of section 182
29.  Section 182 of the Women’s Charter is amended —
(a)by deleting the words “local marriage register and also in the certificate of marriage attached to the marriage register” in the third, fourth and fifth lines of subsection (3) and substituting the words “certificate of marriage”; and
(b)by deleting the words “both the local marriage register and” in subsection (4).
Savings
30.—(1)  Nothing in section 4 of this Act shall affect any proceedings under the Women’s Charter commenced before the date of commencement of this Act or any decree, order or judgment made or given (whether before or after that date) in any such proceedings.
(2)  Nothing in section 10 of this Act shall affect proceedings instituted under the repealed sections 68 and 69 of the Women’s Charter before the date of commencement of this Act and those sections in force immediately before that date shall continue to apply to the proceedings as if this Act had not been enacted.
(3)  Section 19 of this Act shall not apply to the hearing of any proceedings which has begun before the date of commencement of this Act under section 106 of the Women’s Charter in force immediately before that date and that section shall continue to apply to that hearing as if this Act had not been enacted.
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