Hansard, 1966-12-21

Order. A Ministerial Statement. Mr Barker

31 p.m.

Mr Speaker, Sir, Members will recall that I made a Ministerial Statement in Parliament on 22nd December last year on the setting up of a Constitutional Commission under the chairmanship of the Honourable the Chief Justice, with the Speaker as Deputy Chairman, and consisting of eminent legal persons, with the following terms of reference: (a) To receive and consider representations on how the rights of the racial, linguistic and religious minorities can be adequately safeguarded in the Constitution. (b) To consider what provisions should be made to ensure that no legislation, which by its practical application is considered likely to be discriminatory against members of any racial, linguistic or religious group, should be enacted before adequate opportunities have been given for representation from parties likely to be aggrieved. (c) To consider what remedies should be provided for any citizen or group of citizens who claim that he or they have been discriminated against by any act or decision of the government or the administration or any statutory board or public body constituted by law and to recommend the machinery for the redress of any complaints. (d) To consider how such provisions can be entrenched in the Constitution. The Commission presented its Report to the President on 27th August, 1966, and copies of this Report have been tabled before this House for information and study by Members. This valuable Report is the culmination of careful deliberation by eminent legal personalities and I wish to record Government's appreciation of their public service. I wish to take the opportunity also to thank the various individuals and organisations listed in the Appendices to the Report, for their representations and views which were of much assistance to the Commission. The recommendations of the Commission have received the very careful consideration of Government and I am glad to state that most of the recommendations are acceptable in their entirety. On others, while Government agrees in principle to the recommendations, it differs in the detailed recommendations. A few of the recommendations, however, are not acceptable. The Commission has made various recommendations in regard to the protection of fundamental rights and freedoms of the individual and the manner in which the various provisions of the Constitution ought to be entrenched. The Commission has also suggested the creation of a non-elected advisory body to be called the "Council of State", with a small membership, not subject to dissolution but renewing itself at regular intervals by the retirement and replacement of a proportion of its members in rotation, and the creation of the office of Ombudsman (or Parliamentary Commissioner). The Commission also touched on two matters not expressly covered by their specific terms of reference, namely, the Judiciary and the Public Service Commission. I shall deal briefly with these recommendations. At Chapter II of their Report, the Commission makes recommendations in regard to the protection of the right of life and personal liberty of the individual, the prohibition of slavery and all forms of forced labour, protection against retrospective criminal laws and repeated trials, equality of all persons before the law, prohibition of banishment and freedom of movement, freedom of speech, assembly and association and religion. All these recommendations are acceptable to Government. The Commission has also recommended the inclusion of three new Articles not written in the Malaysian Constitution, viz. -

Mr Speaker, Sir, as you are aware, this Report has just been presented to this House for the information of Members here only five minutes ago. I feel that by doing it in this manner, Members who may be interested to have a debate on it are deprived of the opportunity. May I ask the Minister whether he will give an opportunity to Members of this House to debate on this Report?

Before I call upon the Minister to reply, I must state, Mr Ho, that your saying that the Report was available only five minutes ago is not correct. My information is that it was available at 2 o'clock. Mr Barker.

Sir, we will not be in Parliament after today, but I can assure the hon. Member for Bras Basah that when we next meet here again probably early next year, Members of the House will he given ample opportunity to debate the contents of the Report and the Government's views thereon.

Mr Speaker, Sir, I only want to know from the Minister when the Ombudsman was introduced in New Zealand.

Mr Speaker, Sir, my understanding is that the relevant New Zealand Bill was first tabled in their Parliament sometime in 1961, that the Bill became law in 1962, and that the New Zealand Ombudsman (or Parliamentary Commissioner) was appointed on the 1st of October, 1962.

Mr Speaker, Sir, from a perusal of this Report, it appears to me that the recommendations of this Report are unanimous. Nevertheless I would like to ask a question -was there any dissenting voice on this Report?

Mr Speaker, Sir, the Report is a unanimous Report. There was no dissenting voice, though the members of the Commission were multi-racial and multi-religious; hence the value of the Report.

I do not think I will allow any further questions in view of the Minister's indication of a full opportunity for debate. 2.53 p.m.

"to facilitate the subdivision of land into strata and the disposition of titles thereto and for purposes connected therewith", recommendation of President signified; presented by the Minister for Law and National Development (Mr Barker); read the First time, to be read a Second time on the next available sitting day of Parliament, and to be printed.

2.54 p.m. Resolved, "That, notwithstanding the Standing Orders, the second and third readings of the Supply Bill for 1967, the Supplementary Supply (No. 3) Bill, 1966, the Final Supply (1963) Bill, 1966 and the Final Supply (1964) Bill, 1966, be taken today." - [Lim Kim San]

Order for Second and Third Readings read. 2.55 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The Main Estimates of Revenue and Expenditure for the year 1967 have been considered and approved by the House as Cmd. Paper 26 of 1966. Under section 85 of the Constitution of Singapore, heads of expenditure other than statutory expenditure to be met from the Consolidated Fund have to be included in the Bill to be known as the Supply Bill. The purpose of such a Bill is to provide for the issue from the Consolidated Fund of the sums necessary to meet the expenditure and the appropriation of these sums for the purposes specified therein. The Supply Bill before Members is to give legislative approval for the issue of funds from the Consolidated Fund to meet the sums of expenditure for 1967. In the Schedule to the Bill are shown the various heads of expenditure and the sums that may be incurred in respect of each head. These have been approved by the House in the Estimates of Expenditure for 1967 and appear in pages 53 and 54 of Paper Cmd. 26 of 1966. Once the Supply Bill is approved, I will be empowered to issue warrants authorising expenditure up to the amount under each head as shown in the Bill to be paid out from the Consolidated Fund. Sir, I beg to move.

Question put, and agreed to. Bill accordingly read a Second time.

Mr Lim, could you please move the Third Reading now?

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time."

Question put, and agreed to. Bill accordingly read a Third time and passed.

Order for Second and Third Readings read. 2.58 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The purpose of this Bill is to provide statutory authority in accordance with clause (2) of Article 87 of the Constitution of Singapore for additional provision for expenditure in excess of the provisions for expenditure authorised by the Supply Act, 1965. This additional sum has been scheduled as a Supplementary Estimate and laid before Parliament.

Question put, and agreed to. Bill accordingly read a Second time.

Mr Lim, please move the Third Reading.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time."

Question put, and agreed to. Bill accordingly read a Third time and passed.

Order for Second and Third Readings read. 3.00 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The purpose of this Bill is to provide statutory authority in accordance with clause (2) of Article 85 of the Constitution of Singapore for additional provisions for expenditure in excess of the provisions for expenditure authorised by the Appropriation Ordinance, 1963. These additional sums have been scheduled as Supplementary Estimates totalling $203,896,798, and as a Statement of Excess for $36,707.

05. The Supplementary Estimates were approved by the then Legislative Assembly in 1963 and the Statement of Excess was approved by Parliament this year.

Question put, and agreed to. Bill accordingly read a Second time.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time."

Question put, and agreed to. Bill accordingly read a Third time and passed.

Order for Second and Third Readings read. 3.03 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The purpose of this Bill is to provide statutory authority in accordance with clause (2) of Article 85 of the Constitution of Singapore for additional provision for expenditure in excess of the provisions for expenditure authorised by the Supply Ordinance, 1963. This additional sum, which was scheduled as a Statement of Excess, has been approved by Parliament.

Question put, and agreed to. Bill accordingly read a Second time

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time."

Question put, and agreed to. Bill accordingly read a Third time and passed.

3.06 p.m. Resolved, "That item 5 be taken after the completion of the proceedings on item 8 on the Order Paper." - [Dr Toh Chin Chye].

Order for Second Reading read. 3.07 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the Fees Ordinance was first passed in Singapore, as far back as 1881, to provide for the levy of fees and payments for licences where not otherwise provided by law. It was added to and amended, the last time in 1958, to provide for the Yang di-Pertuan Negara to frame fees by Order and to carry out such other acts which are administrative by nature. This Bill seeks to make such amendments and deletions to the Ordinance as are necessary consequent upon Singapore establishing herself as a sovereign Republic. The opportunity is taken in clause 4 to provide for the transfer of the power of the "Yang di-Pertuan Negara" to prescribe fees, and the carrying out of the functions of the Ordinance, to the "Minister for Finance". As it is an administrative procedure for all fees and charges levied under the Ordinance to be referred for the prior approval of the Treasury, it is neither necessary, nor appropriate, to refer administrative acts of this nature to the President. It is accordingly provided that the power to prescribe fees, and other administrative acts, be transferred to the Minister for Finance in accordance with constitutional practice. The opportunity has also been taken to delete references to "the Colony" and to the "Legislative Assembly" and to substitute "Singapore" and "Parliament" instead. Sir, I beg to move.

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.

Order for Second Reading read. 3.11 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The purpose of this Bill is a simple one, namely, to re-enact with suitable changes the former Holidays Ordinance which had been in force in Singapore prior to the establishment of Malaysia. As hon. Members are aware, when Singapore became part of Malaysia, the Malaysian Government by an Order extended the Malaysia Holidays Ordinance, 1951, to Singapore, with the result that the Singapore Holidays Ordinance ceased to have effect in Singapore. Now that Singapore has left Malaysia and has become a sovereign and independent Republic, it is obviously desirable to have our own holidays legislation. This Bill, in the main, repeats the provisions of the former Holidays Ordinance, but makes one important change. There is no provision to allow Bank Holidays to be observed, as used to be the practice in the past when 1st July and 31st December were observed as Bank Holidays to enable the banks to close the mid-year and end-of-year accounts. Subsequently, as a result of consultations with the Singapore banks, it has been agreed that, by reorganising their work, the banks can dispense with Bank Holidays in future, and thus provide a more convenient service for the public. I should mention that the banks in Malaysia have also been managing without Bank Holidays. The Schedule to the Bill, which may be modified from time to time, lists a total of 16 public holidays for the year which are currently being observed in Singapore. Mr Speaker, Sir, I beg to move.

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. -. [Inche Othman Wok]. Bill considered in Committee; reported without amendment; read a Third time and passed.

Order for Second Reading read. 3.15 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The present Societies Ordinance is a very old piece of legislation which was first enacted more than 50 years ago. Now that Singapore has become a sovereign and independent Republic, it is considered desirable to bring the law up to date. The purpose of this Bill is, therefore, to repeal and re-enact with suitable amendments the provisions of the Societies Ordinance. Among the amendments which have been made are those dealing with political associations. I think hon. Members will agree that, in view of Singapore's sovereign and independent status, it is necessary to provide that any political association registered in Singapore should have its membership confined to Singapore citizens and should have no affiliation or connection whatsoever with political parties outside Singapore which are considered to be contrary to the national interest. We have at the moment in Singapore a number of political parties which had been registered as Singapore branches of parent bodies in Western Malaysia many years ago and which, during the time when Singapore was part of Malaysia, quite naturally became strongly orientated towards Kuala Lumpur. This situation was perfectly all right as long as Singapore was part of Malaysia. But with Singapore's withdrawal from Malaysia, it is quite clear that such a situation cannot be allowed to continue. I think it is only reasonable to expect that these various political parties should now move with the times and take appropriate steps to ensure that membership is confined to Singapore citizens and to cut off all affiliations or connections with political parties outside Singapore. It is, therefore, proposed to empower the Registrar to refuse registration to any political association which does not meet this requirement. Any political association which is already registered will be given a reasonable period within which to amend its constitution to comply with this requirement, and should such society fail to amend its constitution accordingly within the period allowed, there is provision in the Bill for action to be taken to dissolve the society. To enable the Registrar to keep track of the activities of registered societies, it is provided that any registered society seeking to establish a branch must seek the prior approval of the Registrar who may withhold his approval on certain grounds. The Registrar or Assistant Registrar is also empowered to order any registered society to furnish him with any information that he may require concerning the society, or any document, accounts and books relating to the society. It is also considered desirable to provide for more effective control in the registration of societies. Accordingly, the Registrar is empowered to refuse registration in certain cases where there are reasonable grounds for refusing registration. For example, a proposed society may be refused registration if its rules are considered to be insufficient to provide for its proper management and control, or the society is likely to be used for unlawful purposes or for purposes prejudicial to public peace and welfare in Singapore. In any case, where registration has been refused by the Registrar, there is provision for an appeal to be made to the Minister for reconsideration. Any society which has not been registered will be deemed to be an unlawful society and it is considered desirable to expand the present provisions relating to unlawful societies which are not considered adequate. Thus, in addition to the existing provision which makes it an offence for any person to act as a member of an unlawful society, attend a meeting of an unlawful society, or allow such a meeting to be held in any premises belonging to or occupied by him, it is proposed to provide that certain other activities in connection with unlawful societies should also constitute offences under the law. Thus it will also be an offence for any person to incite or induce another person to become a member or assist in the management of an unlawful society, to procure from any other person any subscription or aid for the purposes of an unlawful society, to print, publish or sell any newspaper or document issued by or on behalf of an unlawful society. The other provisions of the Bill are a re-enactment of the present provisions of the Societies Ordinance with appropriate amendments and additions where necessary to bring them up to date. Mr Speaker, Sir, I beg to move. Question proposed. 3.22 p.m.

(In Malay): Mr Speaker, Sir, I support wholly the Bill which has been introduced by the Minister for Social Affairs. I believe it will resolve the impasse faced by the Registrar. It is appropriate that it should be implemented because, as an independent sovereign State, the Singapore Government must have a positive stand towards societies in Singapore, irrespective of whether they are political parties, non-political associations, pro-Communist or non-Communist. What is necessary for the Government is to protect the prosperity and the safety of the people of Singapore. In Singapore, there are political parties which have the same name and the same symbol as some political parties have in Malaysia. As we have become an independent and sovereign State, we must protect the good relationship between Singapore and neighbouring countries, particularly Malaysia. And it is necessary to avoid any misunderstanding between the two Governments and the two peoples, so that political parties with the same name and the same symbol must be made to alter their names and symbols. Also to avoid any misunderstanding between the two peoples, I believe we do not wish to see repeated the incident created by U.M.N.O. at the behest of Ahmad Haji Taff, the leader of U.M.N.O., who has used U.M.N.O. Singapore for his own selfish ends and for the ends of political parties in Malaysia. As the leader of U.M.N.O. Singapore, he has been airing the interest of the Malaysian Government. I believe in this way he thinks that the Malaysian Government will one day appoint him as an Ambassador abroad, like Dato Haji Jumat, a former Minister of Singapore and an ex-Assemblyman for Geylang Serai, who was appointed as an Ambassador for the Malaysian Government. With the aid of the amendments moved by the Minister for Culture and Social Affairs, I am sure the Registrar will be able to exercise the powers given to him to overcome his difficulties. Political parties and non-political parties which have misused their associations will have to be dealt with accordingly. Sir, I wholly support this Bill. 3.26 p.m.

(In Mandarin): Mr Speaker, Sir, I fully support the Societies Bill. I personally feel that it has got three basic features. One is to bring us into the new situation. Secondly, it is to protect the interest of our citizens. Thirdly, it is to stop anti-national elements from infiltrating into our country. As the Minister has already said, the old Societies Ordinance is outmoded and cannot be effectively used in our new situation. When we were in Malaysia we were part of Malaysia as a State. But, according to the Constitution of Malaysia, the people of Malaysia or Sarawak were not Singapore citizens unless they were registered under the Singapore Citizenship Ordinance. But, at that time, our Government was adopting an enlightened and liberal attitude towards people who came from Malaysia or other territories within Malaysia. So we allowed these people to register themselves as a society or as a political society in Singapore. They were also allowed to hold office in such societies. But since we became independent on the 9th of August, 1965, the whole situation has changed. We have entered a new stage. Therefore, if we continue to allow the old situation to exist, then it would be unwise. Mr Speaker, freedom of assembly is one of the fundamental rights of the people. The formation of a political society is an expression of this freedom of assembly. So the societies registered under the Societies Ordinance will have all their legitimate activities recognised by the law. It is only fair that only citizens of Singapore will be allowed to hold important office in the societies. This is one of the basic rights of the people. But this was not the situation in the past. Whether you were a citizen or not, you were allowed to hold office in the societies then registered. Because of this unhealthy situation in the past, it was possible for some anti-national elements to infiltrate into some societies registered in Singapore, particularly some political societies, old boys' associations and trade unions. We could see all these facts from the statements issued by political detainees recently released. These anti-national elements, formed under the guise of registered societies, were carrying out anti-national activities against the interest of the people. The Societies Bill, which makes provision to confine membership of any society to Singapore citizens only, is a very correct move indeed. It will ensure that our societies will no longer be infiltrated by anti-national elements. Mr Speaker, there is one point, however, which I wish to bring to the attention of the Minister, and that is as follows. Those who are law-abiding and loyal residents should be allowed to become citizens of Singapore within one or two years. I believe there are some such persons holding office in our registered societies. So I would like the Minister to exercise his powers under the Bill to allow such persons to continue holding office for the time being until they become Singapore citizens by law. As long as the interests of the people of Singapore are protected, I believe that all loyal citizens will support this Bill. 3.30 p.m.

(In Mandarin): Mr Speaker, Sir, I would like to express my full support for this Bill. At the same time, I would like the Minister to explain certain points relating to it. I do not know whether the Registrar will have to consider the name of a political party to be also in the national language when he carries out the provisions of the Bill relating to the registration of political parties. I do not, for a moment, say that the other languages are not official languages in Singapore. We know that this is a fact. But I think it must be stressed that the name of a political party or society must also be in the national language so that it can be made clear that it is fully loyal to the country. There are some political parties in Singapore which are yet to be registered, like U.M.N.O., and these initials, in my view, represent English words. They stand for the United Malays National Organisation. The initials may be misleading and could stand for Ultra Malays National Organisation. Even if we do not say that this name has come from the English-educated people, we can say that it has come from our very close neighbour. So if every political party is required to submit several names in the different official languages, this will be of great assistance to the Registrar of Societies when considering its application. Therefore, I would like the Minister to explain his stand on this question in order to facilitate the work of the Registrar of Societies. Mr Speaker, Sir, it has been a common feature in the political history of Singapore and Malaya that the names of many political parties have appeared in the national language. This feature was quite prevalent even as far back as ten years ago. So this is a historical tendency of the times. That is why the P.A.P. also has its name in the national language. We had the foresight to do this. So I hope the Minister will give an explanation on this point. 3.36 p.m.

(In Malay): Mr Speaker, Sir, I support this Bill which has just been introduced by the Minister for Culture and Social Affairs. Actually it should not have been introduced at the present moment, but it should have been introduced much earlier to amend the defects in the Ordinance. Mr Speaker, Sir, this Bill contains 20 pages with 38 clauses which should have been compiled much earlier. If it is a fact that the events described by the Minister did take place many years ago, we should take steps not only to deal with the registration of political parties but also to deal with the registration of labour unions, welfare associations, deaf and dumb associations, and so on. May I know whether the Registrar is empowered to withhold the registration of any organisations like the old boys' associations which conduct kindergarten classes in many parts of Singapore? We have no objection to kindergarten classes run by associations with the object of moulding our children into loyal subjects. The same can be said of political parties. Some Members have said a while ago that although there are political parties which have their names in the national language, like the Barisan Sosialis, they carry out subversive activities and they owe allegiance to pro-Communist or Communist countries. This is contrary to what their names stand for in the national language. Finally, Mr Speaker, when this Bill is passed in due course, the Registrar should use his powers wisely and give due consideration before taking any action.

Mr Speaker, Sir, firstly, I would like to thank hon. Members for their support of the Bill. In reply to the point made by the Member for Kampong Kapor, I would like to stress that the decision to introduce this Bill was not taken haphazardly. It was very carefully considered and it took us almost l« years to arrive at this decision. It is not the policy of this Government to do things without first considering them very carefully. I can assure the Member that the Registrar will not abuse the powers given to him in the Bill. On the point raised by the Member for Bukit Merah that political parties in Singapore should be asked to use the national language for their names -

(In Mandarin): On a point of clarification, Sir. Inche Othman Bin Wok resumed his seat.

(In Mandarin): Mr Speaker, Sir, what I mean is that the other official languages should be used in addition to the national language for the names of political parties and organisations. Our identity cards also have -

The Member can clarify, but he should not go into a debate.

It has been the practice of political parties to have their names in more than one language. For instance, U.M.N.O. at one time had two names - the one in English is still the United Malays National Organisation and the one in Malay was Persatuan Kebangsaan Melayu Bersatu. They used both names, but at their General Assembly a few years ago, they decided to use only the initials of the English name, U.M.N.O., because they are very well known, easily pronounced and understood by the people. On the question raised by the Member for Sembawang whether it would be possible for those loyal officials of associations who are not yet Singapore citizens to be allowed to continue to hold office while their applications for citizenship are being considered, I can only tell him that we will look into it. Another point which I would like to stress is that the clause in the Bill which states that any political association registered in Singapore should have its membership confined to Singapore citizens and should have no affiliation or connection whatsoever with political parties outside Singapore which are considered to be contrary to the national interest, covers all political parties now functioning in the Republic, including the Party in power.

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. - [Inche Othman Wok] Bill considered in Committee.

3.43 p.m. Clauses 1 to 7 inclusive ordered to stand part of the Bill. Clause 8 -

Members will notice a Note: In page 4, to leave out the marginal note and insert "Inspection and certified copies of documents.". This will be done. Clause 8 ordered to stand part of the Bill. 3.45 p.m. Clauses 9 to 11 inclusive ordered to stand part of the Bill. Clause 12 - Question proposed, "That clause 12 stand part of the Bill."

(In Malay): Mr Speaker, I wish to know whether under clause 12 a citizen of Singapore who has become a bankrupt can hold office.

Sir, I think the clause here is clear - "for an offence involving the unlawful expenditure of the funds of the society; or". A man who has become a bankrupt must have been involved in an offence. If the Member means that because of debt ---

I think the Member's question implies a desire on his part that a bankrupt should be among those disqualified.

I do not think that a person who is a bankrupt should be included in this. There is always a danger because this involves the funds of a society.

I think the point the Member was trying to make was that a bankrupt should be disqualified from holding office.

Oh! I beg your pardon. I thought he wants a bankrupt to be included! Yes, I should say that a bankrupt should be disqualified.

Question put, and agreed to. Clause 12 ordered to stand part of the Bill. Clauses 13 to 38 inclusive ordered to stand part of the Bill. Bill reported without amendment; read a Third time and passed.

Order for Second Reading read. 3.51 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the need for an up-to-date company legislation has become a matter of urgency as our existing legislation on companies, which is based on the English Companies Act of 1929, is now completely out of date. The main provisions in this Bill are outlined in the Explanatory Statement attached to the Bill. I now propose to give only a brief outline of the significant changes in the law proposed by this Bill. Under clause 15 of the Bill a private company is prohibited from inviting the public to invest money with it. Existing private companies should convert themselves to public companies if they desire to continue to borrow from the public. Clause 170 requires every company to send copies of the Balance Sheet, Profit and Loss Account, and Auditor's Report to all members of the company before the general meeting, whereas under the existing law private companies are not required to do so. Clause 181 gives a remedy to minority interests who are being oppressed by the majority. The provisions, which are new, are also applicable to private companies. The definition of "director" has been widened to include a person in accordance with whose directions or instructions the directors are accustomed to act. Clause 122 requires every company to have at least two directors, one of whom shall be resident in Singapore. Clauses 131 and 132 impose upon the directors the duty of disclosing any conflicting interests they might have and prohibit officers of the company from acquiring an advantage because of information gained by virtue of their position. Clause 133 restricts the right of companies to make loans to their directors or to directors of related companies, and clause 135 requires a director to inform the company promptly of any matters affecting his own position which are required to be known by the company. Clause 136 prohibits tax-free payments to directors, and clause 137 strictly limits the right of a company to make payments to a director on his retirement. These provisions will ensure that directors do not take undue advantage of their position in the company and will prevent the company from giving undue preference to them. Special provisions have been introduced in this Bill to control unit and property trusts and investment companies. The Minister has to grant his approval to a company, acting as trustee, for the purposes of a trust deed, and the trust deed is required to contain certain covenants and has to be approved by the Registrar. Returns have to be made to the Registrar every year containing a list of all persons who are holders of the interests to which the deed relates, and containing statements of all purchases and sales of land and marketable security, and of all other investments, and also of the total amount of brokerage paid or charged by the management company. As regards investment companies, there are restrictions on borrowing, on investment, on underwriting, etc. They are also required to keep an investment fluctuation reserve. Foreign companies are regulated by Division 2 of Part XI of the Bill. Every foreign company shall have a registered office in Singapore and shall, if it invites the public to subscribe for its shares, keep a Branch Register in Singapore. The provisions of Part IX of the Bill, which deals with the investigation of companies, are more extensive than the corresponding provisions of the existing Ordinance. Clauses 207 to 209 enable the Minister to investigate the actual ownership of the shares of the company. He can restrain dealings in the shares and the exercise of rights attached to the shares if the owner refuses to co-operate in the investigation. These are new provisions. Clause 210 enables the Government to co-operate with other countries having similar legislation with respect to investigations. Under the existing law the Registry of Companies is little more than a repository for documents required to be lodged with the Registrar. Under this Bill the Registrar's duties and powers are extensive and are basic to any proper control over companies and to the active enforcement of the law. Clauses 374 to 388 authorise the Minister to make arrangements with Malaysia for the extension to Singapore of Winding-Up Orders made in Malaysia and for the extension to Malaya of Winding-Up Orders made in Singapore. I understand that the Malaysian Government is prepared to enact legislation containing reciprocal provisions. The Bill proposes to give the investing public adequate protection, but, at the same time, tries not to place an undue or unnecessary burden upon honest business enterprises. It will do much to provide a healthy climate for investment and a sound basis for action against fraudulent and undesirable practices. As this Bill is comprehensive and far-reaching in its effects, it is proposed to refer it to a Select Committee. Sir, I beg to move.

Question put, and agreed to. Bill accordingly read a Second time. Resolved, "That the Bill be committed to a Select Committee consisting of eight Members to be nominated by the Committee of Selection." - [Mr Barker]

Order for Second Reading read. 4.01 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The Tourist Promotion Board as at present constituted consists of (a) the Chairman, (b) the Director of the Board, (c) a nominee of the Economic Development Board, (d) a nominee of the Singapore Tourist Association, (e) a public officer appointed by the Minister, and (f) four other members appointed by the Minister to represent tourist enterprises. It is proposed to amend the constitution of the Board by increasing the number of members appointed by the Minister from four to five and to remove the statutory stipulation that they should represent tourist enterprises. Tourist enterprises have direct representation on the Board in the person of the nominee of the Singapore Tourist Association. It would be beneficial to the Board to have also as members persons who are actively interested in tourism and might have worthwhile contributions to make but are not themselves directly concerned with the tourist industry. The Bill will also enable the Tourist Promotion Board, with the approval of the Minister, to establish a scheme for the payment to its employees of pensions, gratuities, provident fund or other superannuation benefits on their death or on their retirement or resignation from the Board as in the case of other statutory boards. Sir, I beg to move.

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 Barker] Bill considered in Committee; reported without amendment; read a Third time and passed.

Order for Second Reading read. 4.05 p.m.

Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The purpose of this Bill is, as stated in the Long Title, "to establish the Board of Legal Education, to constitute the Singapore Advocates and Solicitors Society and to amend and consolidate the law relating to the legal profession" in Singapore. Part II of the Bill, which deals with the admission of advocates and solicitors, provides for the setting up of a Board of Legal Education to consist of the Attorney-General, a representative of the Chief Justice, representatives from the legal profession, and representatives from the Faculty of Law of the University of Singapore. This Board will in future be responsible for the organisation of pupillage and instruction of qualified persons who seek admission as advocates and solicitors in Singapore and for their examination before such admission. Special provision is made for the admission of legal practitioners already admitted in West Malaysia, the ad hoc admissions of Queen's Counsel from the United Kingdom, and the admission of articled clerks. Petitions for admission will be heard by the High Court, and provision is made for the keeping of a Roll of advocates and solicitors. Part III of the Bill deals with practising certificates. Every advocate and solicitor, if he intends to practise, must obtain a practising certificate. In order to obtain a practising certificate, an advocate and solicitor must first obtain an annual certificate from the Council of the Society of Advocates and Solicitors. Before this annual certificate is issued, the Council must be satisfied that the applicant is not prohibited from holding a practising certificate, that he has delivered or is exempted from delivering an accountant's report relating to his accounts for the last year, and that he is not in arrears in his contribution to the Compensation Fund and the subscriptions or other dues to the Society. The practising certificate is issued by the Registrar of the High Court on production of the annual certificate, and of a declaration in writing giving the full name and address of the advocate and solicitor, his firm's name and his office address, and on payment of the prescribed duty. Part IV of the Bill sets out the privileges of advocates and solicitors and the provisions are in the main a re-enactment of the provisions in the existing Advocates and Solicitors Society. Part V of the Bill deals with the establishment, contributions and functions of the Singapore Advocates and Solicitors Society. Provision is made for the election of a Council of the Society which will be responsible for the management of the affairs of the Society and which will take over the functions of the present Singapore Bar Committee. Part VI of the Bill relates to professional practice, conduct and discipline of solicitors and their clerks. Power is given to the Council of the Society to make rules relating to professional etiquette, conduct and discipline, and to the keeping of accounts by solicitors. A Compensation Fund is set up from which grants may be made to persons who have sustained loss in consequence of dishonesty on the part of any solicitor or any clerk or servant of the solicitor in connection with his practice. Provision is made for the control of solicitors' clerks. Part VII of the Bill relates to disciplinary proceedings and in the main re-enacts the provisions of the existing Ordinance with the Council of the Society taking over the powers and the functions of the Singapore Bar Committee. Part VIII of the Bill relates to the remuneration of solicitors in contentious as well as non-contentious business, and again in the main re- enacts the provisions of the existing Ordinance. Part IX of the Bill relating to the recovery and taxation of costs also in the main re-enacts the provisions of the existing Ordinance. Part X of the Bill deals with miscellaneous matters. Part XI contains transitional provisions, and Part XII provides for the repeal of the existing Ordinance. This Bill has the full support of the Singapore Bar Committee and was, in fact, drafted by it, and in this, Sir, I understand you played a major part. I should like to express the thanks of the Government to you, Sir, and members of the Singapore Bar Committee for their efforts. Sir, I beg to move.

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 Barker] Bill considered in Committee.

4.14 p.m.

There are some amendments contained in the notice of amendments and in a further notice. I will deal with them as we come to them. Clause 1 ordered to stand part of the Bill. Clause 2 -

There is a note, in page 2, line 40, to leave out "practice" and insert "practise". This will be done. Clause 2 ordered to stand part of the Bill. 4.15 p.m. Clauses 3 to 12 inclusive ordered to stand part of the Bill. Clause 13 -

Mr Speaker, Sir, I beg to move, In page 9, line 27, to leave out "examination as the Board may prescribe" and insert "examinations as may be prescribed by the Board". This is not an amendment of fundamental importance, but it will make the terminology uniform with that of clause 10 (e) on page 7 of the Bill. Amendment agreed to. Clause 13, as amended, ordered to stand part of the Bill. Clause 14 -

Mr Speaker, Sir, I beg to move, In page 10, lines 4 and 5, to leave out "any order shall be made on the petition" and insert "the petitioner is admitted as an advocate and solicitor"; and In page 10, to leave out lines 17 and 18 and insert - "(d) a certificate signed by the Secretary of the Board that the petitioner has satisfactorily served the period of pupillage or articles, attended the courses of instruction and passed the examinations required in his case under the provisions of this Act.". Mr Speaker, the first amendment to this clause is considered necessary as, instead of an order of court, it is envisaged there will be delivered to each petitioner, who is admitted as provided in clause 28 (5) of the Bill, a more dignified and impressive instrument of admission, patterned on the lines of Call Certificates for barristers and Admission Certificates for solicitors signed by the Master of the Rolls. The admission should, it is felt, be clothed with solemnity, and the present order of court which, in format, typing and wording varies from petitioner to petitioner and is sent round for approval, fails to achieve this. Further, this order of court is extracted many days after the admission. The delivery of an instrument of admission in open court after prior payment of the prescribed fee will give the admission the solemnity it now lacks. In respect of the second amendment, the clause as now worded seeks to make the Board usurp the functions of the court. It is better to specify the matters for which the Board's certificate is required. Sir, I beg to move. Amendments agreed to. Clause 14, as amended, ordered to stand part of the Bill. Clauses 15 to 22 inclusive ordered to stand part of the Bill. Clause 23 -

Mr Speaker, Sir, I beg to move, In page 14, after line 10, to insert - "(3) No articled clerk shall without the special leave in writing of the Board hold any office or engage in any employment of whatsoever kind and whether full-time or part-time during his articles: Provided that the provisions of this subsection shall not preclude an articled clerk receiving remuneration from his principal.". Mr Speaker, this amendment will make for uniformity with clause 11 (4) of the Bill for qualified persons. It will also preclude any attempt to apply the expressio unius rule by an articled clerk who may seek outside employment. Amendment agreed to. Clause 23, as amended, ordered to stand part of the Bill. Clause 24 ordered to stand part of the Bill. Clause 25 -

Mr Speaker, Sir, I beg to move, In page 14, lines 31 and 32, to leave out "any order shall be made on the petition" and insert "the petitioner is admitted as an advocate and solicitor". The reason for this amendment is similar to that given for the first amendment to clause 14 dealt with just now. Amendment agreed to. Clause 25, as amended, ordered to stand part of the Bill. Clauses 26 to 29 inclusive ordered to stand part of the Bill. Clause 30 -

Mr Speaker, Sir, I have not given notice of amendment of this clause. But with your permission and with the leave of the House, I beg to move an amendment under Standing Order 32. Sir, shall I first move or -

Mr Barker, I will obtain the assent of Members. I give my consent. Is it the pleasure of hon. Members that notice of this amendment proposed to be moved be dispensed with? Hon. Members indicated assent.

Sir, I beg to move, In page 17, to leave out lines 30 to 32 inclusive and insert - "(2) The provisions of subsection (1) of this section shall not apply to a solicitor employed by the Housing and Development Board, the Public Utilities Board, the Economic Development Board or the Port of Singapore Authority if the Attorney-General issues a certificate under his hand certifying that the solicitor is so employed and specifying therein the matters in which the solicitor so employed may appear and plead in courts of law and upon such solicitor otherwise complying with the provisions of this Act, the Registrar shall issue to him a practising certificate specifying therein the matters in which he may appear and plead as contained in the Attorney-General's certificate. (3) A practising certificate issued to a solicitor shall cease to have effect when he ceases to practise or he ceases to be employed as provided in this section.". 4.30 p.m. Mr Speaker, Sir, as it now stands, the disqualifications for practising certificate listed in paragraphs (a), (b) and (c) of sub-clause (1) of clause 30 of the Bill would exclude the solicitor of a statutory board from carrying out his duties. It is considered desirable that, in the performance of his duties, the solicitor of a statutory board should, insofar as his professional etiquette and duties to the court are concerned, be under the control of some responsible legal officer. This amendment will achieve the result of giving solicitors of statutory boards licence to practise. Amendment agreed to. Clause 30, as amended, ordered to stand part of the Bill. Clauses 31 to 36 inclusive ordered to stand part of the Bill. Clause 37 -

Sir, I beg to move, In page 22, lines 27 and 28, to leave out ", formation, dissolution or winding up" and insert "or formation". Clause 37 (2) (c) of the Bill is taken from sections 72, 76 and 111(b) of the British Columbia Legal Profession Act, section 47 (2) of the Manitoba Law Society Act and other Canadian legislation. The corresponding East African legislation is narrower in that documents relating to dissolution or winding up are not within the prohibition - section 39 (1) (c) of the Kenya Advocates Ordinance and section 43 (1) (c) of the Tanganyika Advocates Ordinance refer. Some accountants have expressed misgivings about our clause 37 (2) (c) extending to dissolution and winding up documents. Documents for use in court will in any case be caught by paragraph (a) and there is no desire on the part of the profession to preclude accountants preparing documents in a dissolution or winding up that are not for use in court. It is therefore suggested that dissolution and winding up be excluded from this paragraph. Hence the amendment. Amendment agreed to. Clause 37, as amended, ordered to stand part of the Bill. Clause 38 -

Sir, I beg to move, In page 24, after line 23, to insert - "(g) any arbitrator or umpire lawfully acting under any written law relating to arbitration, settling or attempting to settle the dispute between the parties to the arbitration;". There will be certain consequential amendments, Sir, in the lettering of the subsequent paragraphs which will have to be made. Mr Speaker, this paragraph is directed against touts, unofficial advisers, adjusters and private detective agencies who are being engaged to settle running down cases without the claimant having an opportunity for proper advice on damages. Where in such settlements the sum paid is not manifestly inadequate, the hands of the Court and the Public Trustee are tied. It comes from section 111 (c) of the British Columbia Act, section 47 (2) (b) of the Manitoba Act and other Canadian legislation. Bona fide and full-time employees of insurance companies are exempted from this paragraph by clause 38 (1) (f) . The fear has been expressed that clause 38 may preclude arbitrators and umpires from trying to settle a claim before them. In order to remove this fear, the amendment is proposed. Amendment agreed to.

Consequential amendments to subsequent paragraphs (g) , (h) and (i) to be re-lettered (h) , (i) and (j) respectively will be made.

Mr Speaker, Sir, again I beg to seek your leave and the leave of the House under Standing Order No. 32 to move another amendment without notice.

I give my consent. Is it the pleasure of hon. Members that notice of the amendment proposed to be moved be dispensed with? Hon. Members indicated assent.

Mr Barker, please proceed.

Sir, I beg to move, In page 24, after line 30, to insert - "(k) any approved company auditor drawing or preparing any instrument which he is empowered to do under any law for the time being in force relating to companies.". In clause 37 (2) as it now stands, paragraphs (a) or (c) or (e) would prohibit auditors from carrying on the functions which an approved company auditor will be allowed to perform under the new Companies Act if this Act is enacted. Clause 16 (3) imposes a duty on the Registrar to require a certificate from one of three persons, including an approved company auditor, as to the identity of the subscribers to a memorandum or of any persons named in the memorandum or Articles as officers of the proposed company. As the present clause 37 (2) (c) now stands, a company auditor may not be able to carry out even this relatively minor function. Furthermore, an approved company auditor may be called upon to certify the correctness of accounts of companies turning public. As these certifications are to be made on the prospective companies, it is arguable that such an act may not be legally carried out by an approved company auditor. In order that these doubts be removed, it is proposed that this further amendment be made so as to make it quite clear that any approved company auditor who is merely performing acts which he will be allowed to perform under the proposed Companies Act would not be excluded by this clause. Amendment agreed to.

A necessary consequential amendment is, In page 24, line 30, to leave out the full-stop and insert a semi-colon. Clause 38, as amended, ordered to stand part of the Bill. Clauses 39 to 50 inclusive ordered to stand part of the Bill. Clause 51 -

Mr Speaker, Sir, I beg to move, In page 29, after line 9, to insert - "(5) Within one week of the end of each month the Society shall pay to the Board ten dollars out of each subscription paid to the Society by a practitioner member during that month.". 4.45 p.m. Sir, under the present provisions in the Bill, the Board will be dependent on voluntary contributions and fees collected. The amendment will provide a statutory payment of $10 per member as a statutory subsidy to the Board which will enable its ordinary running and administrative expenses to be met without the Board having to depend on profits from fees paid by pupils. Amendment agreed to. Clause 51, as amended, ordered to stand part of the Bill. Clauses 52 to 74 inclusive ordered to stand part of the Bill. Clause 75 -

Mr Speaker, Sir, I beg to move, In page 38, line 17, after "etiquette', to insert a comma. This is a printing omission which the amendment seeks to include. Sir, I beg to move. Amendment agreed to. Clause 75, as amended, ordered to stand part of the Bill. Clauses 76 and 77 ordered to stand part of the Bill. Clause 78 -

Mr Speaker, Sir, I beg to move, In page 41, line 16, after "determined', to insert "if the practising certificate for which he proposes to make application will remain in force for less than six months". Sir, a solicitor who makes premature or early application for a full year's practising certificate can claim under the proviso to clause 78 (2) of the Bill, as presently worded, that he is obliged to pay only half the contribution. The amendment proposed will make it clear that the half-rate will apply only where the practising certificate has less than six months to run. Amendment agreed to.

There is a note, in page 43, line 19, to spell "society" with a capital S. Clause 78, as amended, ordered to stand part of the Bill. Clauses 79 and 80 ordered to stand part of the Bill. Clause 81 -

There is a typographical error in page 44, line 33, in the word "elsewehere". There is an unnecessary "e"; the third "e" in that word will be deleted. Clause 81 ordered to stand part of the Bill. Clause 82 -

There is a note, in page 46, marginal note, to leave out "purchase" and insert "purchaser". That will be done. Clause 82 ordered to stand part of the Bill. Clauses 83 to 115 inclusive ordered to stand part of the Bill. Clause 116 -

There is a note, in page 64, line 27, after "116.", to insert "-

There is another typographical error in page 73 - line 34 should read "admission of the petitioner". It involves the addition of "e-r" to the word "petition". Mr Barker, will you formally move, with the general assent of Members? 5.00 p.m.

Mr Speaker, Sir, with your leave and with the leave of the House, I would like to move an amendment without notice.

I give my consent. Is it the pleasure of hon. Members that notice of the amendment proposed to be moved be dispensed with? Hon. Members indicated assent. Amendment made: In page 73, line 34, to leave out "petition" and insert "petitioner". - [Mr Barker] Clause 144, as amended, ordered to stand part of the Bill. Clauses 145 to 154 inclusive ordered to stand part of the Bill. New clause - "Transitional Until general orders are made provisions under the provisions of section 112 for costs in of this Act prescribing and non-contentious regulating the remuneration of business. solicitors in respect of non-contentious business such remuneration shall be regulated in accordance with the provisions of the Ordinance as it stood immediately before the date of the coming into operation of this Act.". - [Mr Barker] Brought up, and read the First time.

Mr Speaker, Sir, I beg to move, "That the clause be read a Second time." Section 11 of the Interpretation Act, 1965, (No. 10 of 1965) saves subsidiary legislation but there is nothing to save and make applicable the scales in Schedule I and Schedule II of the Advocates and Solicitors Ordinance, Chapter 188, until appropriate scales are laid down by the new statutory committee under clause 112 of this Bill. The provision of this new clause will fill the gap.

Question put, and agreed to. Clause read a Second time and added to the Bill.

It is intended that the new clause be inserted after clause 153 in the Bill and this will necessitate the re-numbering of the present clause 154 as clause 155. Bill reported with amendments; read a Third time and passed.

Resolved, "That pursuant to sub-section (4) of section 12 of the Military Manoeuvres Enactment (M. (F.M.S.) Chapter 43) the Pasir Laba Firing Ground Rules, 1966, published as Notification No. S. 226 in the Subsidiary Legislation Supplement No. 82 to the Gazette of 21st October, 1966, as contained in Paper No. S.L. 63 of 1966, be approved." - [Mr Wee Toon Boon] (for the Minister of Defence)

Resolved, "That Parliament, pursuant to section 3 of the Departmental Titles (Alteration) Ordinance (Chapter 55), resolves that the Schedule to the said Ordinance be amended by the deletion under the headings of "Old Title or Name of Office" and "New Title or Name of Office" respectively of the items shown in Part I of the following Schedule, and by the addition under the headings of "Old Title or Name of Office" and "New Title or Name of Office" respectively of the items shown in Part II of the said Schedule with effect from the 1st day of January, 1967:- " THE SCHEDULE Old Title or New Title or Name of Office. Name of Office. Part I. Controller of Posts, Director of Posts, Singapore. Singapore. Part II. Director of Posts, Postmaster- Singapore. General, Singapore." -[Tuan Haji Yaacob Bin Mohamed] (for the Deputy Prime Minister)

Resolved, "That this Parliament do now adjourn to a date to be fixed." -[Tuan Haji Yaacob] Adjourned accordingly at Eleven minutes past Five o'clock p.m. to a date to be fixed.