Singapore legislation
Clause 6
of Constitution of the Republic of Singapore (Amendment No. 3) Bill
Clause 6
New Part VA
The Constitution is amended by inserting, immediately after Part V, the following Part:“PART VACOUNCIL OF PRESIDENTIAL ADVISORSInterpretation37A. In this Part, unless the context otherwise requires —“Chairman” means the Chairman of the Council constituted under Article 37B;“Council” means the Council of Presidential Advisors;“member” means a member of the Council and includes the Chairman.Council of Presidential Advisors37B.—
There shall be a Council of Presidential Advisors which shall consist of —
a Chairman and one other member appointed by the President acting in his discretion;
two members appointed by the President on the advice of the Prime Minister; and
two members appointed by the President on the advice of the Chairman of the Public Service Commission.(2) A member of the Council shall serve for a term of 3 years and shall be eligible for reappointment upon the expiry of his term of office.Temporary appointments during incapacity of members37C. Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 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 person who appointed that member and that person may appoint another person to serve as a member for that period.Qualifications of members37D. No person shall be qualified to be appointed as a member unless he is —
a citizen of Singapore;
not less than 35 years of age;
a resident of Singapore; and
not liable to any of the disqualifications referred to in Article 37E.Disqualifications of members37E. A person shall be disqualified for appointment as a member if he —
is or has been found or declared to be of unsound mind;
is insolvent or an undischarged bankrupt; or
has been convicted of an offence by a court in Singapore or a foreign country and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon:Provided that where the conviction is by a court in a foreign country, 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.Termination of membership37F. A member shall vacate his seat in the Council —
if he ceases to be a citizen of Singapore;
if by writing under his hand addressed to the Chairman he resigns his seat; or
if he becomes subject to any of the disqualifications referred to in Article 37E.Determination of questions as to membership37G.—
Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Judge of the Supreme Court appointed by the Chief Justice and two other persons appointed by the Council.(2) Any tribunal constituted under clause (1) shall —
sit in private;
afford the person concerned adequate opportunity to call witnesses and be heard; and
report its decision to the Chairman.(3) The decision of the tribunal shall be final and shall not be questioned in any court.Oaths of Allegiance and Secrecy37H. 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 in paragraphs 2 and 8 in the First Schedule.Function of Council37I. It shall be the function of the Council to advise and make recommendations to the President on any matter referred to the Council by the President pursuant to Article 20(3) or (4).Proceedings of Council of Presidential Advisors37J.—
The proceedings of the Council shall be conducted in private and it shall not be entitled to hear objectors or examine witnesses in regard to any matter which is being considered by the Council.(2) In advising or making recommendations to the President in relation to any Supply or Supplementary Supply Bill, the Council shall state —
whether its advice or recommendation is unanimous or the number of votes for and against it; and
where the Council advises or recommends to the President to withhold his assent to any Supply or Supplementary Supply Bill, the grounds on which the Council reached its conclusion.(3) 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 (including any quorum) but no such rules shall have effect until they have been approved by the President.Council of Presidential Advisors to report to Prime Minister and Parliament37K. The Council shall, as soon as practicable after advising or making any recommendation to the President in relation to a Supply or Supplementary Supply Bill, send a copy of the advice or recommendation to —
the Prime Minister; and
the Speaker who shall cause the copy to be presented to Parliament as soon as possible.”.