Mr Speaker, I beg to move, "That the Bill be now read a Second time." Sir, my Party's stand on emergency powers for the Government was stated on the 8th October last year, when the last Assembly debated an amendment to the Preservation of Public Security Ordinance extending its life for another year. At the time we made our stand in this House, we envisaged a situation when in October 1959 we would be responsible for the Government, and the Bill would either lapse or come up for a further extension. It was with circumspection that we set out the principles which guided us, and which led us to the conclusion that as long as there are Emergency laws in the Federation, there will be Emergency laws in Singapore. But for the benefit of Members who were not in this House on the 8th October last year, may I refer them to Volume 3, No. 9 of the Hansard, column 800 for my speech, column 815 for the speech of my colleague, the present Minister for Health, and column 819 for the speech of my colleague, the Member for Tampines. May I read a few passages out of the speech I made on that occasion? The beginning of column 803: "But, there may be people - I am quite sure that there may be some in important positions not only in Singapore but across the Causeway - who may want to know what the People's Action Party propose to do in the next elections. Is it going to repeat the same anti-Emergency Regulations stand? Is it going to make this an election issue, and then having won the elections seek to abolish the Emergency Regulations and precipitate a crisis? Under normal conditions, Sir, I would tell such nosey and curious people to wait for the proper time in the next few months when we shall be issuing our election manifesto. But it may be that the Federation of Malaya would like to know its position vis a vis Singapore after the next general elections, because the Federation of Malaya has to be represented on our Internal Security Council under the new Constitution. In fact, it is to have the decisive vote. What is to happen to these Emergency laws is a matter of some considerable importance to them, because there are now two political situations; one in the Federation and one in Singapore, both distinct and separate and self-contained with a cordon sanitaire in the Straits of Johore. And they would like to know whether there is going to be a crisis immediately after the general elections, with an emergency meeting of the Internal Security Council summoned by the British to oppose any intended moves to abolish the Preservation of Public Security Ordinance. In such a situation, the Federation may find themselves in the embarrassing position of (1) voting with the British against the Singapore representatives; or (2) voting with the Singapore representatives to abolish the Emergency laws which they in the Federation still consider necessary." May I then take Members to column 804? "As a Party of the "Left", we may not always agree or see eye to eye with a Party of the "Right", as the Tunku has once called the United Malay Nationalist Organisation. But we can assure them that their views and susceptibilities will be given the most careful consideration by us. We state our stand now on the quest on of the Emergency laws, and it is this: that as long as they are necessary for the maintenance of the security of the Federation, so long will they be necessary for Singapore. Sir, we state this now in the full knowledge and anticipation that there will be political bankrupts and charlatans, those who have, and those who have not ever graced the chairs of this Assembly, who will make promises to abolish them in the next elections. We have met such types before, and we expect to meet them in the next elections. When that time comes, we shall justify out view and our stand, that there will be no abolition of the Emergency laws in Singapore until they have been abolished in the Federation. Those who want the Emergency laws abolished in Singapore should try to help to establish conditions of peace and security in the Federation so that they may no longer be required there." And again in column 807: "But we also wish to say that the use of these Emergency powers depends upon the stand of the persons who are equipped with them, and we stand for an independent, democratic, non-Communist Malaya. Within this democratic system, everyone has the right to compete, to preach his political views, but the competition must be for the purpose of working the system, not of destroying it. These powers will not be allowed to be used against political opponents within the system who compete for the right to work the system. That is fundamental and basic, or the powers will have destroyed the purpose for which they were forged. If in using these powers you, in fact, negate the purpose for which you made them, then you will end up with a situation where force, and more force, will become increasingly necessary." May I pass on to column 810? "Let this also be made known, that our definition of the word "subversion" is probably different from the British definition of that term, and maybe even from the Labour Front definition of that term - "subversion". In our definition "subversion" is any political activity designed to further the aims and interests not of our own people but of foreign powers; and by foreign powers we mean not just Russia and China, but also America and Formosa, and the Western bloc." And we went on to say on that occasion: "We in the People's Action Party would prefer to lose an election rather than win it on false premises and promises." Sir, before I proceed to deal with the amendments which this Bill seeks to make, may I remind the Right that our antipathy to local or expatriate agents, who subordinate the interests of the people of Singapore to foreign power interests, is as strong now as it was when we were the Opposition? Lip service docility will not hide their malevolent intentions to see that the Left Wing Government in Singapore does not succeed to the detriment of the interests of the Right. It is really unnecessary for me to elaborate on the reasons for this Bill. But there are some changes about which Members may wish to be informed. First, clause 5 of the Bill repeals section 5 of the present Ordinance which provides for an Appeal Tribunal consisting of three judges, and substitutes in its place the original position obtaining under the Emergency laws, that is, an advisory committee. In September this year, I had discussions with the present Chief Justice about the functions of the judiciary under the Preservation of Public Security Ordinance, which is due to lapse later this month. The position is that the judges have been unhappy over their duties under section 6 of the Preservation of Public Security Ordinance and have indicated that they would like to be relieved of their executive responsibilities under that section and act only in an advisory capacity. Sir, this is not something new. In 1955, when the former Chief Minister, Mr David Saul Marshall, had to deceive the people into believing that he had abolished the Emergency Regulations, as he promised to in the last elections, by replacing it with the Preservation of Public Security Ordinance, he obtained the consent of the then Chief Justice, Sir Charles Murray-Aynsley, to allow the judges to serve on an executive appeal tribunal. When Sir Charles retired and Sir John Whyatt succeeded him as Chief Justice, protests were made to the then Government about the improper use of the judiciary under the Preservation of Public Security Ordinance. In September 1958, one month before the Ordinance was due to expire, or come up for extension, the then Chief Minister wrote to the then Acting Chief Justice, Mr Tan Ah Tah, asking him to agree to allow the judges to continue for one more year under the P.P.S.O. The Acting Chief Justice replied in these terms: "My brother judges and I are all of the opinion that it is extremely undesirable for members of the judiciary to constitute the Appeal Tribunal under the Preservation of Public Security Ordinance...we think it was a mistake to have caused the judiciary to be associated with the work of the tribunal. However, in view of the reasons for extension of the life of the Ordinance set out in your letter and more particularly in view of your assurance that the judiciary will not be called upon to do this work for more than one further year, the judges who constitute the tribunal have agreed with great reluctance to continue to serve as members of the tribunal." Sir, these letters are on record and leaders of the Opposition who constituted the last Government are fully aware of their contents and of the real position. Now, we state that on principle it is wrong to use the judges in this way. First, by the very nature of the tribunal the judges are not presented with a justiciable issue. They are not presented with issues either of fact or of law and asked to decide on the evidence adduced before them according to the Evidence Ordinance. They have either to accept or reject the Government's intelligence reports on a particular person. If they agree with the decisions of the Executive in all cases, then they become a rubber stamp for the Executive. If they reject the intelligence reports so received, then they will have to be responsible for the consequences it may bring about on the security of the State. The net result has been that, in the vast majority of cases, they have accepted Government intelligence reports. But now and again they have allowed a few appeals. This they must do unless they are to be obvious rubber stamps for the Executive. This position they have considered unsatisfactory and, in fact, it demeans their high office. Second, on principle, the responsibility for the detention or otherwise of a person under extraordinary powers such as these cannot rest with the judiciary. An Executive which shifts this responsibility to the judges by asking them to superimpose their judicial stamp on an Executive decision is shirking its responsibility and abusing the judiciary. On principle, it is not the duty of the judiciary to act as administrative or executive officers of the Government, nor are they properly equipped to discharge such functions. In all civilised countries the responsibility for the security of the State rests with the elected government, not the judges of the State. In Singapore, our's is a special position, as the Leader of the House, the Deputy Prime Minister, has stated - that ultimate power rests not with the Singapore Government but with the Internal Security Council, on which Singapore has three out of seven representatives. Therefore, in the last analysis, let us clearly understand that these extraordinary powers under the P.P.S.O. are vested not in the Singapore Government but in the Security Council. Certainly they are not vested in our judiciary. Sir, the other amendment set out in clause 3 of the Bill is intended to give the Minister more flexibility in the exercise of these powers. Under the present law restrictions can only be imposed after a person has been detained. A man must first be detained before he can be released on conditions. Under clause 3 of the Bill, a person can be placed on conditions without first having to have him detained. This will avoid unnecessary detentions. Also for the same purpose, to avoid having to detain more people than is necessary, the powers of restrictions have now been made more flexible to allow a wider field of cases where conditions can be imposed on a person allowed to remain outside, instead of keeping him inside a place of detention. Hence clause 3, which sets out that restrictions can be specified not only in respect of residence but also of employment or activities. These, Mr Speaker, Sir, are the two principal amendments that the Bill seeks. But let me be the first to remind this House that the final answer to the Communist challenge is not provided by this type of legislation giving the Executive Emergency or extraordinary powers. Finally it is the economic, the social and political conditions and the battles on these fields that decide whether Singapore, and indeed Malaya, will grow from strength to strength as a democratic State in which the more tolerant features of human civilization are preserved, whilst the economic needs and necessities of the people are adequately met; or whether a totalitarian system will succeed the democratic State and cater for these economic needs. These powers can only provide a temporary damper against those who set out to wreck the democratic State. The principles which guide this Government in the exercise of its primary functions as a Government have been enumerated by the Deputy Prime Minister. I would like to harken back to what I said on behalf of my Party last year: "Within this democratic system, everyone has the right to compete, to preach his political views, but the competition must be for the purpose of working the system, not of destroying it. These powers will not be allowed to be used against political opponents within the system to compete for the right to work the system. That is fundamental and basic, for the powers will have destroyed the purpose for which they were forged. At the same time we state quite categorically that we believe in the democratic system, that we will allow full competition within the democratic system, but competition for the purpose of destroying the democratic system will be resisted." Question proposed.