Mr Speaker, Sir, I have His Excellency's consent to proceed with this Bill. Sir, I beg to move, "That the Bill be now read a Second time." This Bill is an important piece if legislation in that for the first time in the annals of Singapore, legal provision is being made for the holding of a national referendum in this country. This method of ascertaining the popular will of the electorate introduces another aspect of the democratic process. As you are aware, Sir, this Bill stimulated considerable interest as evidenced by the number of amendments which had been proposed, so much so that the Second Reading of the Bill was referred in order to enable the Government to study them very carefully in all its implications. We have considered them in full and in detail, and later in my speech I will let the House know which of the Opposition amendments the Government accepts and which the Government rejects. The Government has also, after considering some of the amendments proposed, decided to put in some amendments of its own. I propose, therefore, to deal with this Bill by first explaining it as it stands at present, and then touching in general on the amendments proposed by the Opposition and those proposed by the Government. Sir, as it is drafted at present, the Bill can be conveniently explained in three parts, namely:-
(1) the general principles of the referendum; (2) the procedure for the holding of a referendum and the manner of voting; and (3) provisions of the Bill dealing with corrupt and illegal practices in connection with the taking of a referendum. With regard to the first part, clause 5 empowers the Yang di-Pertuan Negara by Order, when he considers that it is in the public interest to do so, to direct that any matter be submitted to the electorate for a referendum. When such an Order has been issued, the Minister is then required by clause 6 of the Bill to notify in the Gazette the date of the referendum at least seven days before the date fixed for such referendum. The Yang di-Pertuan Negara is also empowered by clause 7 to issue a further Order for a referendum if, after the issue of the first Order, he is satisfied that owing to any cause whatsoever no referendum has taken place in pursuance of such first Order. For the purpose of holding a referendum in Singapore, only Singapore citizens on the electoral registers can vote at the referendum, and they shall be entitled to vote only once at such referendum. Those provisions are laid down in clauses 8 and 9 pf the Bill. Clause 11 provides that for purposes of a referendum, the existing electoral divisions and polling districts under the Singapore Legislative Assembly Elections Ordinance are to be adopted. The Superintendent appointed by the Minister for purposes of a referendum is required under the provisions of clause 13 to publish in the Gazette a notice not later than five days before the date of the referendum, specifying all the polling stations provided by him for use in the polling districts and electoral divisions for the referendum, as well as specifying the questions to be submitted to the electors and the symbols which he has adopted for use in connection therein. Under clause 14, polling day has been made a public holiday within the meaning of the Holidays Ordinance. With regard to the procedure for the holding of a referendum, the procedure has been largely based and modelled on the provisions of the Singapore Legislative Assembly Elections Ordinance, and those procedural provisions are set out in Part II of the Bill. Bearing in mind, however, that no individual candidates or political Parties are involved in the same sense as they are involved in elections, some modifications have been made in the procedure. The position of political Parties in the Assembly in connection with a referendum is recognised, and political Parties represented in the Legislative Assembly may be allowed to appoint polling agents and counting agents at the discretion of the Superintendent under the provisions of clauses 17 and 27 respectively. Under the provisions of clause 27 also, when the counting of the votes cast in the referendum has been completed, the Superintendent shall declare the result of the referendum and in accordance with clause 29 he shall forthwith, after the result has been, declared by him, compile a statement of the referendum and shall cause the said statement to be published in the Gazette. The manner of voting in the referendum is exactly similar to that at any election under the provisions of the Singapore Legislative Assembly Elections Ordinance. Since everyone in this House is familiar with the manner of voting, there is no need for me to proceed with explaining how voting is to be carried out. The same penalties for offences in respect of ballot papers and ballot boxes as in the Singapore Legislative Assembly Elections Ordinance are provided for in clause 31 of the Bill. Part III of the Bill deals with corrupt and illegal practices arising out of the taking of a referendum and, in the main, adopts with suitable amendments the provisions of the Singapore Legislative Assembly Elections Ordinance. The same penalties for offences in respect of corrupt practices and illegal practices, as in the Singapore Legislative Assembly Elections Ordinance, are incorporated in clauses 37 and 41 of this Bill. The same provisions for prohibition on polling day of undue influence at or near polling stations, unlawful assemblies, offence to operate loudspeakers, and the restrictions on referendum activity are included in clauses 43, 44, 45 and 46 of the Bill. Clause 46 restricts any person attending a primary or secondary school or any person, against whom an Order of Supervision has been made under the provisions of the Criminal Law (Temporary Provisions) Ordinance, 1955, from taking part in any activity connected with a referendum. Part IV of the Bill makes miscellaneous provisions. Just as for elections, the holding of a referendum involves the Government in expenditure of public money, and based on previous knowledge of funds spent in connection with the holding of general elections, it is estimated that a sum of $400,000 would be required for the holding of a referendum. Sir, I now come to the amendments as proposed by the Opposition. The Opposition amendments could be conveniently divided into three categories. Firstly, those amendments which intend ostensibly to ensure propriety in the conduct of the referendum, the Government is prepared to accept. I would first of all, however, like to say that the modifications which the Government has made in the Bill with regard to the procedural provisions for the holding of a referendum vis-a-vis the Elections Ordinance were made because no individual candidate or political Parties were involved in the same sense as they were in the case of elections, and also in order to simplify the procedure at the polling stations and to save time. These modifications were to suit the different requirements of a referendum. However, in order that there can be no doubt about the propriety of the conduct of the referendum, the Government accepts the amendments of the Member for Queenstown with regard to (1) the appointments of polling agents and counting agents by political Parties represented in the Assembly themselves, and not as in the Bill empowering the Superintendent to use his discretion in allowing such appointments to be made by political Parties; (2) in including in this Bill similar provisions as in the Singapore Legislative Assembly Elections Ordinance with regard to allowing polling agents to affix their seals to ballot boxes and other sealed packets if they so desire, and for the opening of ballot boxes in the presence of such counting agents as attend and for the recounting of votes upon application by political Parties in the Assembly or their counting agents. Sir, when the Bill was drafted, it was intended that in a referendum on merger since no individual candidates were involved, the Superintendent should use his power of discretion allowed to him to propose to political Parties having the same views on merger that they may jointly appoint one polling agent to each polling place and also one counting agent to each counting centre. This was the purpose of the modification of the Elections Ordinance. The provisions with regard to affixing of seals to ballot boxes and sealed packets by polling agents was to make the procedure at polling stations as simple as possible and to save time, bearing in mind that at no time after the ballot boxes and sealed packets leave the polling station until they arrive at the counting centre are they in the hands of one person, hut are in fact accompanied by the presiding officer and some of the polling staff, escorted by the police. The provision of opening ballot boxes at counting centres in the presence of counting agents was omitted, because it was considered from a drafting point of view that this was unnecessary, since clause 27 (2) already provided that the Superintendent shall make arrangements for the counting of the votes in the presence of such counting agents as attend and these arrangements for counting would include the taking out of the ballot papers from the ballot boxes. However, as I have said earlier, the Government has accepted the amendment of the Member for Queenstown so that no one can Question the propriety of the referendum. Again, the reason why the provision for a recount of votes on application was omitted was to make it an administrative function of the Superintendent in order to prevent requests for recounts on flimsy and trivial grounds or for obstructive purposes and although there was no express provision for a recount to be made, no Assistant Superintendent in charge of a counting centre would refuse any reasonable application for a recount if made at the appropriate time. In omitting from the Bill these provisions which the Member for Queens-town wants included, the Government wanted to simplify the administrative arrangements. The second category were those Opposition amendments which, after careful study, the Government considers to have some sense and could within reason be, accepted with modifications or improvements. To give two examples, instead of total prohibition of flags, banners, symbols, advertisements, etc., and total prohibition of canvassing either before, during or after any referendum, the Government has accepted an Opposition amendment to limit prohibition of canvassing only to polling day and to limit the prohibition on flags, banners, symbols, etc, only to the period from the date of issue of the Referendum Order of the Yang di-Pertuan Negara up to and including the day fixed for the taking of a referendum. As you are aware, Sir, we have submitted an amendment to this effect. There are other instances also where Opposition amendments request that longer periods of time be given in respect of certain statutory notifications and the Government considers that within reason the period of time could be extended further. These will be gone into more fully at the Committee stage. The third category of Opposition amendments were apparently designed for and would have the effect of creating delay and obstruction and mischief and trouble at polling stations, or inviting of intimidation or generally creating chaos and confusion to the voters. These amendments the Government obviously must reject if the views of the people were to be properly ascertained without any fear or confusion. At the Committee stage, the Government will give detailed reasons which Opposition amendment it is unable to accept. Suffice it for me to say at this stage that the reasons for non-acceptance are based on grounds of non-justification, causing delay, inviting obstruction and trouble at polling stations. Also, Sir, at the Committee stage. I shall be moving a number of amendments of which I have given notice and I will explain the reasons for these amendments when they are moved in committee. As mentioned earlier, these amendments were made after considering some of the amendments proposed by the Opposition. Most of these amendments are in connection with provisions for referendum petitions where the Government has put into comprehensive form the Member for Anson's proposal for referendum petition provisions to be included in the Bill, but in keeping with the detailed drafting of this Bill the Government has spelt out the provisions for referendum petitions in greater detail under a new Part V of the Bill. In agreeing to incorporate referendum petition provisions, the Government will also accept with a further amendment the Member for Anson's amendment to clause 27 with regard to the inclusion of Orders of a High Court Judge relating to the inspection., copying and production of ballot papers or other documents required for the purpose of instituting or maintaining a prosecution or referendum petition. Mr Speaker, Sir, under the provisions of this Bill, the first matter to be submitted to the electors for a referendum will be the terms and conditions of merger of Singapore with the Federation. Mach has already been said and explained about this merger during the past months through the radio, forums, meetings, discussions and Press interviews. Much more will be said and repeated in the coming months until merger is realised and Malaysia created in or before June 1963. It is for the people of Singapore to decide on the manner of the inevitable reunification of our two territories. Sir, I beg to move. Question proposed. 6.30 p.m.