Mr Speaker, Sir, I beg to move, That this House regrets that the Minister for Home Affairs should have attempted to mislead the House when speaking at question time on the 1&h March 1985 and again on the 29th March 1985 when moving the Adoption of Children (Amendment) Bill, Mr Speaker, Sir, I hope sincerely that I do not have to remind Ministers and Members of this House of the importance and of the value of the principle that Ministers of the Government must never mislead Parliament on any matter requested of or addressed to them. The whole principle, the whole foundation, of parliamentary government and all that it implies, parliamentary control over the Executive, parliamentary checks on the decisions of the Executive, will be undermined if this principle is not strictly adhered to. I hope this is quite clear to the Ministers and to all Members of this House. We have adopted the British parliamentary procedure and system. Members will recall how, only quite recently, the British Prime Minister was very very upset at allegations that she had misled the House. There was a Minister who resigned because he made an incorrect statement in the House. So these lie, as I said, at the foundation of the parliamentary system of government, whereby the Cabinet, the Executive, is answerable to Parliament and its Members. And "answerable" means answerable truthfully to Parliament and its Members. Therefore, it is a matter of great regret to discover that the Minister for Home Affairs was less than truthful in this House on two occasions. And it is my painful duty to bring this up b&ore the Members this afternoon. I do not relish this, but it is important because of the principle behind it, because it undermines the whole Government, as we know it to be. Mr Speaker, Sir, if I may move on now to what I say was the misleading remarks made by the Minister for Home Affairs. Mr Speaker, Sir, on the 18th March 1985, in this House, I asked a question (Question No. 12 which was answered) on the repatriation of an adopted child of one Therawardy s/o Mardan. It is reported in Vol. 45 of the Official Report of Parliamentary Debates, col. 830. The Minister in replying to this Question said as follows: 'Mr Speaker, Sir, the reason why this girl was asked to leave Singapore is that this was clearly an adoption of convenience designed to circumvent Immigration rules and regulations. Sir, the adopted child is a nine-year-old Malaysian girl. Her natural parents and four of her siblings are also Malaysian citizens. She was first brought to Singapore in 1976 by her natural father. She was granted a Social Visit Pass for 14 days. Her Visit Pass was not extended and she overstayed in Singapore for more than six years. In other words, she wag an illegal overstayer and her illegal presence came to light in December 1982. By then, Sir, she had been legally adopted by Mr and Mrs Therawardy on 2nd October 1982.' I do not need to read any further, Mr Speaker, Sir. The misleading statement is contained in those two sentences there, "In other words, she was an illegal over-stayer and her illegal presence came to light in December 1982. By then, Sir, she had been legally adopted by Mr and Mrs Therawardy on 2nd October 1982." It was quite clear to me, if it was not clear to other Members of the House, that what the Minister was saying was that until December 1982, the Government departments concerned in the adoption of this girl were not aware that her presence in Singapore was illegal. What else can these words mean, "her illegal presence came to light in December 1982"? In Col. 832, the Minister says: 'What is wrong, Sir, is that there is a gap in the law in that neither the Attorney-General nor the Ministry of Social Affairs at that time had to comment on the immigration status of the child. This is the gap in the law that we are now seeking to remedy through the Adoption of Children (Amendment) Bill in which we propose that the immigration status and the immigration policy will become a relevant factor.' The operative words which I say were misleading of this House are the words, "What is wrong, Sir, is that there is a gap in the law in that neither the Attorney-General nor the Ministry of Social Affairs at that time [that is, at the time of the adoption] had to comment on the immigration status of the child." Mr Speaker, Sir, as I mentioned, when I heard the Minister, I thought this was a case where the petitioning parents had completely misled the court and the Attorney-General's Chambers when they presented the petition. That the true facts were not known to the court and to the Attorney-General's Chambers before the adoption petition was heard. May I inform Members of the House, as I said then and the Minister accepted, that the Attorney-General is always made a party to any adoption proceedings presented by any couple wishing to adopt a child. The petition is served on the Attorney-General and he appoints somebody from the Social Welfare Department. So I thought these parents had somehow completely misled the Attorney-General, the Social Welfare Department and the court, and they have got this order through that misleading. So I went back to my office and, sometime later, got all the papers that were in court. And what do I discover? I discover that all the facts were before the court when the Adoption Order was made on the 2nd October, 1982. The Attorney-General was aware and there was no question about them not being aware at all about her presence in Singapore without a visit pass at the time the Adoption Order was made. There is, first of all, the Adoption Petition. In paragraph 7 of that petition, the petitioner states that they are related to the said Gunasundry d/o Ramakrishna, the natural mother of the child is the daughter of the petitioners. So it is stated quite clearly there in the Adoption Petition, "the child that we are going to adopt is our grandchild." There is no hiding of the fact from the court or the Attorney-General's Chambers. The Attorney-General wrote to the Director of Legal Aid, by letter of the 23rd October 1981, in these terms, Mr Speaker, Sir: 'I refer to the above petition. I note that the petitioners intend to adopt their own grand daughter who is a Malaysian citizen.' So here is the Attorney-General's Chambers writing on the 23rd October, 1981, almost a year before the Adoption Order was made on the 2nd October 1982. 'I note that the petitioners intend tO adopt their own grand daughter who is a Malaysian citizen. In view of this, please let me know: (a) when the subject infant was first brought to Singapore, the nature of her stay, whether continuous or not; the type of visit pass or other licence for her stay here. (b) whether the natural mother is residing in the same house as the petitioners and whether she maintains any contact with the infant or the petitioners., So there was an inquiry about her presence in Singapore: the type of visit pass that she was holding. So they were all aware of this. And the Director of Legal Aid replied to that letter on the 12th November 1981, a full eleven months before the Adoption Petition is heard and the Order is made. And the reply, Mr Speaker, Sir, is as follows: 'I wish to inform you that the infant in question was first brought to Singapore sometime in 1976 by her natural father and placed in the care of the petitioners. Since then the infant has been residing in Singapore continuously in the petitioners' custody and control. [And this is the most operative one] The infant had no travel documents. [That means there is no pass for the child issued by the Immigration Department.] She came to Singapore by virtue of an endorsement in her natural father's passport. The natural mother is in Malaysia and does not maintain any contact with the infant and/or the petitioners.' So nothing could be clearer. The Attorney-General is told fully about the child's stay in Singapore. If he wanted to make any further investigations, he could have ordered it. He could have directed his mind to it. He could have told the Immigration Department to check all this. This is, as I said, 11 months before the petition was heard. Then there is the affidavit of the Social Welfare supervisor, filed in the adoption petition proceedings. I read from the affidavit, Mr Speaker, Sir: 'I have made investigations and am of the opinion that: (a) the statements in the petition are true to the best of my knowledge, information and belief except there is no evidence that there has been a monetary transaction regarding the adoption.' So she says "all that the petitioners have set out are true to the best of my knowledge, information and belief." Then she goes on in paragraph 3 of her affidavit: 'The said infant was born on 11 the February, 1976, in Penang and according to the petitioners, she was first brought into Singapore by her natural mother sometime in August 1976. She has no travel documents as her entry was reported to be endorsed in her natural father's passport. There is indication on her certificate of inoculation against diphtheria, that she received her inoculations in Singapore as early as September 1976. Since then the said infant has been staying with the petitioners who are actually her grandparents. However, the said infant is unaware of her status and has been brought up to acknowledge the petitioners as her natural parents and the petitioners' children as her natural siblings. The said infant was observed to have a strong attachment with the petitioners and the rest of the family. She is well-loved and accepted by them. I see no objection to the adoption of the said infant by the petitioners provided [here we come again to the most important part of it) the court is satisfied that the said infant is deemed to be a resident of Singapore.' Not only that, Mr Speaker, Sir - I am sorry, but I have to present my case for this - there is an affidavit by the male petitioner because the court, having seen all this, wanted further affidavit from the male petitioner as to the reasons why they were adopting their own grandchild. And this was filed in September 1982. The male petitioner says in his affidavit: 'I now explain the circumstances [i am skipping the first three paragraphs, Mr Speaker, Sir, because they are not very relevant]. The said infant was given to me in Singapore sometime in August 1976 by the natural mother who is my daughter. The natural mother wanted to give away the infant because the horoscope of the infant predicted that evil omens will b&all the family if the infant remains with them. Rather than allowing the infant to be with strangers, I agreed to take the child. The natural parents are in Penang with their four other children. The natural parents do not visit the infant nor is there any form of contact between them and the infant. Any contact would mean that the evil omens will befall them.' So the court was fully cognizant of all the facts: that the child had been in Singapore for some five years, the child had no travel documents, no papers. The Attorney-General was aware, the Social Welfare Department was aware. I do not know whether the Immigration Department was aware or not, but the Attorney-General's Chambers was fully aware, and they raised no objections to the petitioners adopting the child. And the court, in exercise of its discretion, made an Adoption Order on 8th October 1982. Everybody who had anything to do with the adoption petition was fully aware of everything, and this is why I find the Minister's reply in his answer to me at col. 831 "that her illegal presence came to light in December 1982" completely puzzling. When I first heard it, of course, I thought that there must have been some misleading of the Government departments. But now all I can say is that those words are a complete mis-statement of the true facts of the position. Again he said it at col. 832: "What is wrong, Sir, is that there is a gap in the law in that neither the Attorney-General nor the Ministry of Social Affairs at that time had to comment on the immigration status of the child." I have just read out the affidavit of the Social Welfare Department's supervisor where she draws attention to the immigration status of the child in her affidavit. What do we make of this statement by the Minister: that neither the Attorney-General nor the Ministry of Social Affairs at that time had to comment on the immigration status of the child? There you have the comment by the supervisor of the Social Welfare Department in that affidavit. That is the first, very serious, in my view, mis-statement by the Minister for Home Affairs. But it did not stop there. On 29th March,1985,some days later after answering that question in that sitting of Parliament, in moving the Second Reading of the Adoption of Children (Amendment) Bill, the Minister for Home Affairs had to say this and, Mr Speaker, Sir, I quote Vol. 45, No. 18, cols. 1773 to 1774, of the Parliamentary Debates, Official Report: 'The proposed amendment, Sir, is necessary so as to prevent adoptions of convenience. We have many examples where adoptions were used to circumvent immigration policies.' Then he referred to the case that was answered on 18th March this year. I asked him, when I spoke on this amendment, about the number of people who brought children to Singapore to be adopted. I am sorry. I suppose I should have read a little bit earlier in his speech. At col. 1773, he said this: 'Sir, there have been many other such cases [that is, other than that] where Singaporeans have been approached, or attempted, to adopt their foreign nephews and nieces even though they already have children of their own, and there was no reason for them to adopt another child.' "There have been many other such cases." So I asked him about the cases: 'May I ask whether he has the number of these cases, whether there is a large number of people sending their children in to be adopted by families in Singapore.' I wanted to know whether there was a traffic of children coming into Singapore to be adopted. His reply at col. 1775 to my question is this: 'The first question is: have there been such a number of cases as to warrant concern to justify this legislation? [that is, cases of people bringing in children into Singapore to be adopted as in that case].' And he said: 'The answer is yes. [A number of cases]. If it was not a problem which needed a solution by way of legislation, then we would not have recourse to this option.' Then I asked from my place, "What is the figure?" And the Minister goes on to reply, at col. 1775: 'I do not have the figures but I can inform the House that the Immigration authorities were so concerned because people were arriving at the checkpoint with infants in arms requesting Social Visit Pass and longterm Social Visit Pass, and when they were asked why, they said, 'Well, we want to have this child adopted by this relative in Singapore." The numbers are sufficiently large to cause concern and to introduce administrative measures requiring these persons to undertake that they will not proceed with adoption proceedings. This is why, Sir, the case which was mentioned a week ago showed that some of the administrative measures are not fool-proof because of the large numbers of persons coming here on Social Visit Pass or long-term Social Visit Pass.' So the picture that the Minister was attempting to paint to this House is that there was a constant stream of people entering Singapore with infants to give the infants in adoption to Singapore parents. At least that is the picture that it conveyed to me, and I am sure to anybody who heard him and anyone who reads this will agree that that is the picture. "I can inform the House that the Immigration authorities were so concerned because people were arriving at the checkpoint with infants in arms." Mr Speaker, Sir, I did not let it rest. I tabled a question about the number of infants entering Singapore to be given for adoption to Singapore parents. This was asked in the sitting of this House on 14th May 1985, and I quote from Vol. 46, No. 1 of the Official Report. It is at col. 28: '12. Mr J.B. Jeyaretnam asked the Minister for Home Affairs and Second Minister for Law if he will give the number of foreigners who have arrived at immigration checkpoints for the whole of 1984 with infants for adoption in Singapore.