Singapore legislation

Clause 8

of Constitution of the Republic of Singapore (Amendment) Bill

Clause 8

Amendment of Article 95

Article 95 of the Constitution is amended —

(a)

by deleting clauses (2) and (3) and substituting the following clauses:“(2) The President may, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint a person who is 65 years of age or older and who is either qualified for appointment as a Judge of the Supreme Court or has ceased to be a Judge of the Supreme Court, to be the Chief Justice, a Judge of Appeal or a Judge of the High Court for a specified period.(3) The office of a Judge of the Supreme Court shall not be abolished during his continuance in office.(4) In order to facilitate the disposal of business in the Supreme Court, the President may, if he, acting in his discretion, concurs with the advice of the Prime Minister —

(a)

appoint a person who is qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court; (b)appoint a person who has ceased to be a Judge of the Supreme Court to be a Senior Judge of the Supreme Court; or

(c)

appoint a person who, in the opinion of the Chief Justice, is a person with the necessary qualifications, experience and professional standing to be an International Judge of the Supreme Court.(5) For the purposes of clause (4), a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court may —

(a)

be appointed to hear and determine a specific case only (subject to clause (10) for an International Judge); or

(b)

be appointed for a specified period.(6) Before tendering his advice as to an appointment under clause (1), (2) or (4), other than the appointment of the Chief Justice, the Prime Minister must consult the Chief Justice.(7) A Judicial Commissioner of the Supreme Court appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in any case or in respect of such classes of cases as the Chief Justice may specify.(8) A Senior Judge and an International Judge of the Supreme Court appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in such cases or classes of cases as the Chief Justice specifies under clause (9).(9) The Chief Justice may —

(a)

from time to time, require a Senior Judge of the Supreme Court appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify; and

(b)

from time to time and subject to clause (10), require an International Judge of the Supreme Court appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify.(10) Parliament may by law limit the classes of cases that may be heard and determined by an International Judge of the Supreme Court.(11) Anything done by a Judicial Commissioner, a Senior Judge or an International Judge of the Supreme Court when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a Judge of the High Court and, in respect thereof, the Judicial Commissioner, Senior Judge or International Judge (as the case may be) shall have the same powers and enjoy the same immunities as if he had been a Judge of the High Court.”; and

(b)

by inserting, immediately after the word “Court” in the Article heading, the word “, etc.”.

Clause 8 — Constitution of the Republic of Singapore (Amendment) Bill