8. Article 111 of the Constitution is amended —(a) | by inserting, at the end of clause (2)(c), the word “and”; | (b) | by deleting paragraphs (d) and (e) of clause (2) and substituting the following paragraph:“(d) | at least 3 but not more than 6 other members, each of whom shall be appointed by the President if he, acting in his discretion, concurs with the advice of the person nominating the member under clause (2A).”; |
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| (c) | by inserting, immediately after clause (2), the following clauses:“(2A) The members referred to in clause (2)(d) shall comprise —(a) | at least one but not more than 2 persons nominated by the Chief Justice; | (b) | at least one but not more than 2 persons nominated by the Chairman of the Public Service Commission; and | (c) | at least one but not more than 2 persons nominated by the Prime Minister, |
except that where the Chief Justice, the Chairman of the Public Service Commission or the Prime Minister, as the case may be, nominates 2 persons, one of whom must be a person who has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2(1) of the Legal Profession Act (Cap. 161). |
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(2B) A person shall not be appointed under clause (2)(d) to be a member of the Legal Service Commission if he is, and shall cease to be such a member if he becomes —(a) | a public officer; | (b) | an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act (Cap. 50) or any corresponding previous written law; | (c) | a Member of Parliament or a duly nominated candidate for election as such Member; | (d) | a member of any trade union or of any body or association affiliated to a trade union; or | (e) | the holder of any office in any political association. |
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(2C) Subject to clause (2B), every member of the Legal Service Commission appointed under clause (2)(d) shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under clause (2D), hold office from the date of his appointment for such period (being not shorter than 3 years and not longer than 5 years) as the President may specify, and shall be eligible for reappointment. |
(2D) If the Prime Minister, or the President of the Legal Service Commission after consulting with the Prime Minister, represents to the President that a member of the Legal Service Commission who is appointed under clause (2)(d) ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall —(a) | refer that representation to a tribunal consisting of 2 Judges of the Supreme Court nominated for that purpose by the Chief Justice, if the President, acting in his discretion, concurs with that representation; and | (b) | remove that member from office by writing under his hand if the tribunal in paragraph (a) so recommends. |
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(2E) The members of the Legal Service Commission appointed under clause (2)(d) shall —(a) | before assuming the duties of their respective offices, take and subscribe before the Chief Justice or some other Judge of the Supreme Court the appropriate Oath for the due execution of their offices in the form set out in the First Schedule; and | (b) | be paid such allowances as may, from time to time, be determined, and such allowances shall be charged on and paid out of the Consolidated Fund. |
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(2F) Subject to the provisions of this Constitution, the terms of service of the members of the Legal Service Commission appointed under clause (2)(d) may either be prescribed by or under any law made under this Constitution, or (in so far as they are not prescribed by or under any such law) be prescribed by the President. |
(2G) The terms of service of any member of the Legal Service Commission appointed under clause (2)(d) shall not be altered to his disadvantage during his continuance in office, except that in so far as the terms of service of such a member of the Legal Service Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted. |
(2H) One of the members of the Legal Service Commission referred to in clause (2)(b), (c) or (d) may be appointed by the President as the Vice-President of the Legal Service Commission where the President, acting in his discretion, concurs with the advice of the Prime Minister who shall consult the President of the Legal Service Commission before tendering any such advice to the President.”; |
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| (d) | by deleting the words “or pensionable” in clause (3); | (e) | by deleting the words “grade of service” in clause (4) and substituting the words “grade of officers in the Singapore Legal Service, not being functions which are exercisable by a personnel board under Article 111AA”; and | (f) | by deleting clause (5) and substituting the following clauses:“(5) The Legal Service Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose. |
(6) There shall be a Secretary to the Legal Service Commission who shall —(a) | be a person who is a public officer; and | (b) | be appointed by the President in accordance with the advice of the Legal Service Commission. |
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(7) The Secretary to the Legal Service Commission shall be responsible, in accordance with such instructions as may be given to him by the President of the Legal Service Commission, for arranging the business for, and keeping the minutes of, the meetings of the Legal Service Commission and for conveying the decisions of the Legal Service Commission to the appropriate person or authority and shall have such other functions as the President of the Legal Service Commission may, from time to time, direct.”. |
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