Mr Speaker, Sir, the section in the Singapore Telephone Board Ordinance which prescribes the constitution of the Singapore Telephone Board is section 5. That section reads as follows: "5.-
(a) a Chairman; (b) a Deputy Chairman; and (c) three other members, all of whom shall be appointed by the Governor in Council." The "Governor in Council" now, of course, Mr Speaker, is the Yang di-Pertuan Negara. On or before the 31st of August this year, the composition of the Board was: a Chairman, a Deputy Chairman and three other members. On the 31st of August this year, the period of appointment of the Chairman came to an end and his appointment as such therefore lapsed. The period of appointment of one of the four other members also came to an end on the 31st of August this year, and his appointment therefore also lapsed, leaving three members on the Board on the 1st of September this year. In the Gazette of Friday, 4th September, 1959, there appeared on page 470 thereof the names of two members of the Board. One was Mr Goh Kee Song, who was gazetted as Chairman of the Singapore Telephone Board for a term of one year, with effect from 1st September, 1959. The other appointment, Mr Speaker, Sir, which immediately followed the appointment of the chairman, is that of Mr Lui Boon Poh as a member of the Singapore Telephone Board for a term of one year, with effect from 1st September, 1959. So that, as from the 1st of September, these two members, it would appear, became members of the Board. I understand that the other three members of the Board have since then sent in their resignations. I have searched throughout the Gazettes for further notifications as to the names of other members who have taken their places, but, Mr Speaker, Sir, I am unable to find those names. That is the first point which I wish to raise. The second point, Mr Speaker, Sir, is this. I have already quoted part of section 5 of the Singapore Telephone Board Ordinance to the House. Now, subsection (2) of section 5 reads: "No person who is in the public service of the Colony shall be appointed to the Board by the Governor in Council [now, of course, the Yang di-Pertuan Negara]". So, therefore, there is a group of persons who are excluded from service on this Board and they are persons who are in the public service of the Colony. There is a definition of "public officer" in section 2 of the Ordinance which reads as follows: `"public officer" means a person holding any office of emolument under the Crown in the Colony;' which means a Government servant, in other words. I take it, Mr Speaker, Sir, that section 5 (2) takes within its net a bigger group of persons than a public officer. Had it only intended to exclude Government officers, section 5 (2) quite easily could have read, "No person who is a public officer shall be appointed to the Board by the Governor in Council." But the Legislature had seen fit to use a different phrase, "who is in the public service of the Colony shall be appointed ...". Therefore, the expression "who is in the public service of the Colony", as I understand it, should be given a more extensive meaning than "public officer". If the House accepts that, let us now examine the nature of the appointments which have appeared in the Gazette. Mr Goh Kee Song, I understand, is a young accountant who, until quite recently, was studying accountancy in the University of Melbourne. After having passed his accountancy examinations he returned to Singapore and found employment in the City Council. After the advent of the P.A.P. in the City Council and under the Mayorship of the now Minister for National Development, Mr Goh Kee Song was appointed Acting Registrar of Vehicles. Latterly, he was also appointed to the position of Acting Assessor of the City Council. So he now holds, in so far as the City Council is concerned, two positions - Acting Registrar of Vehicles and Acting Assessor. And he has now been appointed to the Singapore Telephone Board as its Chairman. The first question that arises, therefore, Mr Speaker, Sir, is this: is this appointment a correct one? Does it violate the provisions of section 5 (2) of the Singapore Telephone Board Ordinance? It would, I suppose, be contended by the Minister that City Council employees are not public officers. Certainly that would be correct because a public officer is a person in the employment of the Crown. But section 5 (2) of the Ordinance says "public service of the Colony". And if City Council service is not public service, Mr Speaker, Sir, then what is that public service, beside that of Government service in which a public officer finds himself, which is public service within the meaning of the section? The phrase "public service" has received judicial interpretation and that interpretation will be found, Mr Speaker, Sir, in Words and Phrases Judicially Defined, volume 4, page 436, 1944 edition. May I read under the heading "Public Service": "A railway act provided that if at any time it should be made to appear to the Board of Trade to be requisite for the public service, the company should lay down additional rails." The question that arose there, Mr Speaker, Sir, was, what is the meaning of public service? And the quotation which I am now going to read is a quotation from a judgment delivered in that particular case. `It was argued that the expression "requisite for the public service" means requisite for the public service of the Government or of Her Majesty. But we see no reason for taking "public service" to mean no more than Government public service or the service of Government acting for the public. And we think any service which would supply wants felt by the public or which the public might reasonably be desirous of having on its own behalf is included.' On the basis of that judgment, Mr Speaker, Sir, I submit, with respect, that "public service" as defined in section 5 (2) of the Singapore Telephone Board Ordinance takes in the category of City Council employees. If I am correct in that submission, then the appointment of Mr Goh Kee Song as Chairman is certainly ultra vires. On the other appointment - Mr Lui Boon Poh. He is also a member of the City Council. I understand that he joined the City Council under the mayorship of our now present Minister for National Development. Prior to joining City Council service, he was a salesman. But he was appointed as Acting Superintendent, Town Cleansing Department. Since then he has made such a good job of it that I am now told he is Deputy Administrator of the City Council. What I said with reference to the Chairman, Sir, in so far as the illegality is concerned, or, shall I say, the ultra vires position is concerned, applies equally to Mr Lui Boon Poh. So that if the other three members have resigned and no other appointments have been made, it appears to me that there are now only two members on the Board. Since both of them are members in the public service of the Colony, their appointments are ultra vires. May I also draw the attention of the House to section 9 of the Singapore Telephone Board Ordinance which reads as follows: "The quorum at all meetings of the Board shall be two members present in addition to the Chairman or Deputy Chairman, and, in the absence of the Chairman, the Deputy Chairman shall preside at such meetings." I read that to mean, Mr Speaker, Sir, that in addition to the Chairman, there must be two other members to form a quorum. 4.25 p.m.