Hansard, 1965-12-30

(Assents to Bills passed) I have to report that on the 28th day of December, 1965, the President of the Republic of Singapore assented to the following Bills: -

ORAL ANSWER TO QUESTION - SEWERAGE FACILITIES IN UPPER SERANGOON asked the Minister for Law and National Development whether there is a scheme, or if he will give early consideration to one, for the laying of public sewers in the Upper Serangoon Constituency to provide sewerage facilities to the densely populated suburb of Upper Serangoon.

ORAL ANSWER TO QUESTION - SEWERAGE FACILITIES IN UPPER SERANGOON Mr Speaker, Sir, there is no immediate scheme to construct public sewers in the Upper Serangoon Constituency, as other schemes have been given higher priority. In the next Five-Year Development Plan 1966-70, there is a scheme to provide for the sewer mains, which now come up only to the junction of Bartley and Braddell Roads, to be extended towards the Braddell Road and Upper Serangoon area. When extended, it will be possible for the densely populated suburb of Upper Serangoon to be served with sewerage facilities.

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) 2.33 p.m.

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) Mr Speaker, Sir, over the last few days after the introduction of the National Registration Bill in Parliament on the 13th of December, 1965, much public concern has been expressed by the Backbenchers and through the Press over a provision in the National Registration Act - that an unnamed birth certificate supported by a statutory declaration shall not necessarily be sufficient evidence for the purpose of establishing Singapore citizenship by birth. The Registry of Persons has been besieged with inquiries as regards the citizenship status of persons holding unnamed birth certificates. The Government wishes to make it clear that this provision in the Act is designed to debar people who were actually not born in Singapore but who claim birth here by using unnamed birth certificates not belonging to them. The Government appreciates the fact that there are many people who were born in Singapore but whose names had not been entered on their birth certificates either through the ignorance of their parents or through the tardiness of the colonial registration authorities. As far as those who were, in fact, born in Singapore and holding unnamed birth certificates are concerned, there need be no worry over this provision in the Act. I would like to announce the Government's policy which is that a person who holds an unnamed birth certificate and has a Singapore identity card issued in 1949 or earlier, stating that his place of birth is Singapore, is presumed to be a Singapore citizen by birth. There is, therefore, no cause for anxiety by persons whose identity cards issued in 1949 or earlier stated that they were born in Singapore. They need not rush to the Citizenship Registry to have their citizenship status verified. They can apply for the new plastic laminated identity cards when their turn comes. All those of 12 years of age in 1949 must have taken identity cards as required by the law then. In other words, all those now over 28 years, i.e. 12 years at 1949 plus 16 years, that is 16 years since 1949 to 1965, have their proof in their identity cards. There are persons born in Singapore who attained the age of 12 after 1949. In such cases their birth certificates, whether named or unnamed, have an endorsement on them by the Registry of Persons when they obtained their identity cards. This endorsement shows their present identity card number. When such persons produce their birth certificates together with their present identity cards for re-registration, they will be accepted as Singapore citizens by birth and will be given a Singapore citizen plastic laminated identity card. Further, any person who holds an unnamed birth certificate together with a statutory declaration made by one of his parents can always prove his Singapore citizenship by birth by other supporting documents such as:-

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) If Members are in any doubt, they may ask the Minister any question arising from that statement.

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) (In Tamil): Mr Speaker, Sir, the Minister in one part of his statement mentioned people without names in their birth certificates. The parents may have taken out statutory declarations regarding such persons and those will be accepted as proof. But there are instances where parents of certain children give away their children in adoption. Sometimes the adoption certificates are in order and sometimes they are not. Sometimes the natural parents of the children may unfortunately be dead. Now, these children may be about 17 or 18 years old. Therefore, their guardian ---

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) Order. I have indicated to the House that Members may ask questions on the statement, but not make a speech. If the Member will come to his question? Perhaps he is coming to his question!

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) (In Tamil): My question is this, Mr Speaker, Sir. Those children who have not been given away properly in adoption, if their natural parents are deceased, can their guardians, who are looking after them now, submit statutory declarations in order to get these accepted as valid proof of birth?

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) Mr Speaker, Sir, I have explained earlier that the birth certificates of those who were born after 1949 - whether named or unnamed - will be endorsed by the Registry of Persons when they apply for identity cards. These birth certificates will be accepted as proof of citizenship.

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) The Member's question is if the child was born before 1949.

NATIONAL REGISTRATION ACT - (Statement by the Minister for Labour) Well, if he was born before 1949. I think the legal parent should be allowed to give a statutory declaration on that.

RE-ARRANGEMENT OF ORDER OF BUSINESS - (Motion) Resolved, "That, under Standing Order 10 (2) , the Bills as stated in the Order Paper be proceeded with before the debate in the Committee of Supply." - [Dr Toh Chin Chye].

SINGAPORE TELEPHONE BOARD - (AMENDMENT) BILL Order for Second Reading read. 2.43 p.m.

SINGAPORE TELEPHONE BOARD - (AMENDMENT) BILL Mr Speaker, I beg to move, "That the Bill be now read a Second time." This Bill seeks to amend the Singapore Telephone Board Ordinance. In consequence of the independence of Singapore and its ceasing to be a part of Malaysia, the powers of the Federal Minister are transferred to the Singapore Minister under this Bill. The Bill also provides for an increase in the number of members of the Telephone Board, other than the Chairman and the Deputy Chairman, from three persons to five. It is considered that the business of the Board warrants an enlarged membership and this will enable more persons to participate in the activities of statutory bodies. The limit of six per cent interest on stocks and shares issued by the Board has been removed, and the Board is now given discretion to pay such rate of interest as the state of the undertakings and the financial position of the Board warrants. Of course, it is the hope of the Government that this clause will enable the Board to pay a rate of interest higher than six per cent. The opportunity has also been taken to put back in the Ordinance the general power to the Board to acquire land. This provision was deleted from the Ordinance by the Modification of Laws Telecommunications (Extension and Modification) Order, 1964, dated 9th December, 1964, because a substantially similar provision existed in Chapter 4 of Part VI of the Federal Constitution to enable the Board to acquire land. There are a number of other consequential amendments in the Bill. Sir, I beg to move. Question proposed. 2.45 p.m.

SINGAPORE TELEPHONE BOARD - (AMENDMENT) BILL (In Malay): Mr Speaker, this Bill provides that powers be taken from the Federal Minister concerning the activities of the Telephone Board. Before Malaysia, a workers' representative was a member of the Singapore Telephone Board. When Singapore became part of Malaysia and the powers transferred to the Malaysian Telecommunications Minister, the workers' representative did not sit on the Board. I would like to know from the Deputy Prime Minister whether workers' representatives or Telephone Board employees will now be allowed to be members of the Telephone Board in order to look after the welfare of the workers and to ---

SINGAPORE TELEPHONE BOARD - (AMENDMENT) BILL Order; whether as an employee of the Board, or a member of the Board. If the latter is the question, he is in order; but if he is talking of something else, then he is not in order on this Bill on the Second Reading.

SINGAPORE TELEPHONE BOARD - (AMENDMENT) BILL (In Malay): What I mean, Mr Speaker, its workers' representatives sit on the Telephone Board. In the past, Mr Speaker, a workers' representative was a member of the Board. When this Bill becomes law and the powers are reverted to the Deputy Prime Minister, will he appoint workers' representatives to sit on the Singapore Telephone Board, as this is necessary to look after the interests of the workers and continue the good relationship between employer and employee?

SINGAPORE TELEPHONE BOARD - (AMENDMENT) BILL Mr Speaker, I will bear in mind what the Member for Kampong Kembangan has said about appointing a workers' representative on the Singapore Telephone Board. In fact, in the past it was my practice to see that there was a member from one of the unions, or at least somebody who was a worker who was also a member of the Board. In fact, this Bill by providing for an increase in the membership of the Board will enable me to so appoint.

SINGAPORE TELEPHONE BOARD - (AMENDMENT) BILL Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. - [Dr Toh Chin Chye]. Bill considered in Committee; reported without amendment; read a Third time and passed.

PEOPLE'S DEFENCE FORCE BILL Order for Second Reading read. 2.52 p.m.

PEOPLE'S DEFENCE FORCE BILL Sir, I beg to move, "That the Bill be now read a Second time." On 23rd December this year I introduced the Army Bill which provides for the establishment of a full-time armed force for the State of Singapore. I then mentioned the additional need to have a part-time fighting force which would be an essential part of our Armed Forces. This Bill provides for the establishment and maintenance of a volunteer force to be known as the "People's Defence Force". Sir, we are a small nation and our financial resources are limited. We therefore cannot afford to raise and maintain large defence forces on a permanent basis. The regular army will have to be complemented by a volunteer force. The People's Defence Force will call upon our young men and women to serve their country and undergo military training without seriously interfering with their normal lives. The training they receive will not only prepare them for the part that they will take beside our regular Army but also provide them with the necessary disciplines and skills required in the task of nation-building. Sir, to come now to the specific provisions of the Bill. Part II provides for the raising and maintenance of the People's Defence Force. The Force will be divided into corps, regiments, services and departments. Provision is also made for the disbandment or amalgamation of one or more such units. The enlistment into the Force is open to Singapore citizens of 18 years of age and above who are medically fit. Boys between the ages of 14 and 17 years may be enlisted as drummer boys and band boys in the Force. With regard to discipline, the provisions of Parts IV, VII and VIII of the Army Act will apply to members of the People's Defence Force. Provision is also made in Part II of this Bill for the President to commission officers of the Force. Part III deals with Colour Training Service of members of the Force. No member of the Force shall be required to attend at weekly parades for a total of more than 20 hours in one month or at continuous training for more than 16 days in any one year. Every member of the Force shall be required to perform Colour Training for a period of three years. The Bill also includes provision for members of the Force performing Colour Training and their dependants to be entitled to receive pensions and gratuities in respect of injury or death resulting from such Colour Training Service. A member of the Force performing Colour Training Service may be released from the Force on his giving three months' notice of his desire to do so. Certain offences are provided for in clause 25 to which a member of the Force is subject when he is not attached to any unit of the Singapore Armed Forces. Part IV of the Bill provides for a Reserve composed of Volunteers and National Servicemen. The President is empowered to recall by Proclamation all or any part of the Reserve to Colour Training Service at any time. Members of the Reserve may also be called up for mobilised service. Service in the Reserve shall be limited to a minimum period of seven years after which a person can resign on giving three months' notice. Under Part V, the President is empowered to call out all or any part of the Force for mobilised service. Members of the Force who are called up for mobilised service and their dependants are eligible for pensions and gratuities for injury or death resulting from such service. Members of the Force, when mobilised, will be subject to the provisions of the Army Act with regard to discipline. During a state of war, the President may direct that members of the Force may be attached to the Singapore Armed Forces or the armed forces of any Commonwealth country. Part VI of the Bill provides for a University Training Corps and a Cadet Corps, and any such Corps may, with the concurrence of the President, be attached to the Singapore Armed Forces. The President is empowered to commission members of the University Training Corps and of the Cadet Corps. Clause 60 provides for the establishment of the "People's Defence Force Benevolent Fund" which, as the name implies, will be administered for the benefit of members of the Force by a person appointed by the Minister. Mr Speaker, Sir, I beg to move.

PEOPLE'S DEFENCE FORCE BILL Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. - [Dr Goh Keng Swee]. Bill considered in Committee; reported without amendment; read a Third time and passed.

ADMINISTRATION OF MUSLIM LAW BILL Order for Second Reading read. 3.01 p.m.

ADMINISTRATION OF MUSLIM LAW BILL Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." This Bill has been under consideration for a long time and its provisions have been considered in detail by the Muslim Advisory Board and copies of the Bill have been sent to a number of Muslim bodies in Singapore. The comments which have been received on its provisions have been considered by the Muslim Advisory Board and the present draft incorporates the suggestions which have been considered reasonable and in keeping with the scheme and purpose of the Bill. The Bill in the main follows the legislation in the States of Malaya, which have tended to follow the model set by the Administration of Muslim Law Enactment of Selangor in 1952. The Bill, however, incorporates the provisions which were designed to control the exercise of the right of divorce and the permission of polygamy which were first introduced in Singapore, and which have, I am happy to say, been followed in recent legislation in the States of Malaya, notably in Selangor, Negri Sembilan and Perlis. Part II of the Bill constitutes a Majlis Ugama Islam or a Council of Muslim Religion to advise the President in matters relating to the Muslim religion. The Majlis, unlike the present Muslim Advisory Board, will have certain executive powers in issuing rulings on Muslim law and the administration of Muslim Charities and will be a corporation, with power to hold property and to sue and be sued. Part III of the Bill in the main reenacts the provisions of the Muslims Ordinance, 1957. It is sought to give power to the Shariah Court to deal with cases where the parties were married under the Muslim law but where one or both of the parties have ceased to be Muslims (clause 35). At present there is no provision whereby a party to such a marriage can obtain a divorce, for example, as the Shariah Court has only jurisdiction in cases where all the parties are Muslims and the High Court has no jurisdiction in the case of Muslim marriages. It is expressly provided, to remove all doubts, that the Shariah Court will apply the Muslim law, as varied by Malay custom, that is, clause 35 (2) . Provision is made for representation by authorised agents (clause 38) and for reciprocal arrangements for the service of summonses in the States of Malaysia (clause 41). Clauses 47 to 49 of the Bill clarify the law relating to applications for divorce by a married woman, and clause 49 sets out the grounds on which a married woman can apply to the Court for judicial divorce on fasakh. The provisions relating to the appointments of arbitrators in marriage disputes has been strengthened by giving power to the Shariah Court, where the arbitrators originally appointed are unable to reach agreement, to appoint other arbitrators or hakam with power in appropriate cases to effect a divorce (clause 50). Power is given to the Shariah Court to order payment of maintenance beyond the period of eddah, if the Court is satisfied that it is fit and proper to do so. That is in clause 52. Part IV of the Bill deals with the financial powers of the Council of Muslim Religion and in particular it establishes a General Endowment Fund. Hitherto there was no such fund in Singapore and there was therefore no central organisation which could deal with Muslim charitable trusts. Some Muslim endowments are at present administered by the Muslim and Hindu Endowments Board but the majority are administered by private trustees. Provision is made in the Bill for the vesting of Muslim religious trusts in the Majlis and the manner in which the incomes of Muslim religious endowments are to be applied. The Majlis is also empowered, with the approval of the President, to collect zakat and fitrah. Part V of the Bill deals with mosques of which the Majlis is to be the sole trustee with powers to control the erection of new mosques and with duties to keep existing mosques in good order and repair. Power is given to the Majlis to appoint committees of management for mosques and also to appoint officials. It is the hope of the Government that in this way the Imams and other officials of the mosques will have a better status and position in society and that the mosques will be able to be the focus of Muslim activities in the various districts and parts of Singapore. Provision is also made for the registration and supervision of Muslim religious schools. Part VI deals with matters relating to marriages and divorces and re-enacts with amendments the provisions of the Muslims Ordinance, 1957. It is proposed that the powers at present exercisable by the Chief Kathi should be exercised by the Kathis attached to the Shariah Court. Provision is made for the appointment of Naib Kathis who will be mainly concerned with the solemnisation and registration of marriages, to which the guardians or walis have consented. Where the woman has no wali or guardian, or where the wali or guardian refuses his consent to the marriage, the marriage may be solemnised and registered by the Kathis attached to the Shariah Court. All divorces will similarly be dealt with by the Kathis in the Shariah Court. There are at present two Kathis attached to the Shariah Court, and if the need arises, additional Kathis will be appointed. It is proposed that the imams of mosques in Singapore should be appointed Naib Kathis. The Bill seeks to lay down the age of 15 years as the minimum age of marriage for Muslims, but power is given to the Kathi to approve a marriage in special cases, where the girl has attained puberty. In view of the hardship that can be caused in cases where the man divorces the woman by three talak, it is proposed that such cases should be referred to the Shariah Court, so that the Shariah Court can be satisfied that the interests of all parties are adequately safeguarded. Part VII deals with property and in the main re-enacts the provisions of the Muslims Ordinance. 1957. One major change is the provision that the Muslim law shall apply to dispositions by will by Muslims. The effect will be that a Muslim can only freely dispose of one-third of his property by will; the balance must be distributed to the persons entitled to take an intestacy. Part VIII of the Bill deals with conversion. Power is given to make rules to provide for the procedure for conversion and the Majlis is required to maintain a register of converts. Part IX deals with offences relating to marriage and divorce. It does not go to the extent of punishing offences against the Muslim religion, as in the States of Malaya, but clause 130 provides for the punishment of persons who cohabit and live with another person outside marriage. The Bill also provides for the control of Muslim religious lectures so as to ensure that such lectures are not used for political or communal propaganda or to advocate teachings or doctrines which are repugnant to the teachings of Islam. Part X deals with miscellaneous matters and gives power to make rules. The Comparative Table attached to the Bill shows that many of the provisions of the Bill follow similar provisions in the corresponding enactments in Selangor, Pahang and Penang which are, however, merely cited as examples. Sir, I beg to move.

ADMINISTRATION OF MUSLIM LAW BILL Question put, and agreed to. Bill accordingly read a Second time.

ADMINISTRATION OF MUSLIM LAW BILL Mr Speaker, Sir, as this Bill is, in your opinion, a hybrid Bill, in accordance with the provisions of paragraph (1) of Standing Order 64, I beg to move, That the Bill be referred to a Select Committee consisting of Mr Speaker as Chairman and seven Members to be nominated by the Committee of Selection.

ADMINISTRATION OF MUSLIM LAW BILL Question put, and agreed to. Resolved, That the Bill be referred to a Select Committee consisting of Mr Speaker as Chairman and seven Members to be nominated by the Committee of Selection.

PROPERTY TAX (AMENDMENT) BILL Order for Second Reading read. 3.14 p.m.

PROPERTY TAX (AMENDMENT) BILL Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The Bill now before Parliament envisages two major changes of substance to the existing Property Tax Ordinance. Section 2 of the Ordinance defines "annual value" and gives the Chief Assessor the option of adopting as an annual value a sum equal to five per cent of the capital value of the property in certain circumstances. But in the operation of the Ordinance, it has been found that the provision is not adequate to cover all cases. Under the existing law, the option applies where buildings are erected on land and also where the land is vacant. There has been doubt as to whether the option applies while buildings are in the course of construction and some litigation has already resulted from this doubt. The amendment will make it clear beyond doubt that the Chief Assessor may adopt an annual value of five per cent of the capital value of any property whether vacant land, land with buildings erected thereon, or land with buildings being erected thereon. The Bill also clarifies the power of the Chief Assessor in respect of land appurtenant to any house or other building in excess of the quantity fixed by the Controller so that five per cent of the capital value may be adopted as the annual value of such excess land. There is no definition of "building" in the Ordinance at the present time, and one of the amendments made by clause 2 is the inclusion of a definition. This, apart from its usefulness in regard to buildings and structures generally, specifically provides for the inclusion of items like underground and overground tanks and oil refineries. Section 16 of the existing Ordinance does not require property-owners to give notice to the Chief Assessor when rentals are increased. The amendment Bill will place the onus on the owner to inform the Chief Assessor of instances where rentals are increased. Such notice will also be required when renting vacant land. The proposed amendment to section 17 is to empower the Chief Assessor to increase the annual value of properties taking account of the increases in land value in the recent years, especially in those cases where the annual value bears little relationship to the price at which the property changes hands. As the Ordinance now stands, the Chief Assessor may amend the annual valuation list during the year in which it is operative where there is an inaccuracy in a material particular. However, the Ordinance does not define what constitutes an inaccuracy in a material particular. An amendment will clarify the circumstances under which the Chief Assessor may amend the existing valuation list and spell out in detail the circumstances in which the annual valuation list may be amended. As any vendor or transferer of property remains liable to tax until notice is given, provision is being made under section 16 that he should give notice of transfer instead of the purchaser as provided for at present. Under the existing Ordinance, the maximum limit for fines imposed for failure to give notice of transfer of property is raised from $500 to $5,000. The present limit is considered inadequate to cover certain cases; for example where the transfer of property with a low annual value is not notified over a long period and a permanent savings from additional tax may well exceed $500. Other amendments are either consequential, necessitated by separation from Malaysia, and they take account of Singapore's position as a sovereign independent Republic, or are matters of terminology or procedure to improve the administration of the law. Sir, I beg to move.

PROPERTY TAX (AMENDMENT) BILL Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. -[Mr Lim Kim San]. Bill considered in Committee; reported without amendment; read a Third time and passed.

INDUSTRIAL RELATIONS (AMENDMENT) BILL Order for Second Reading read. 3.19 p.m.