Residential Property (Amendment) Bill

by inserting, immediately after the definition of “foreign person” in subsection (1), the following definition: —“ “HUDC flat” means —

any flat comprised in any of the subdivided buildings described in the First Schedule to this Act; or

any of the flats described in the Second Schedule to this Act,which has been sold by the Housing and Urban Development Company (Private) Limited, a company incorporated in Singapore, to any person at any time prior to the 1st day of May 1982 for use as a dwelling-place;”;

by deleting the definition of “Minister” in subsection (1) and substituting the following definition: —“ “Minister” means the Minister for Law;”;

by deleting the definition of “Singapore society” in subsection (1) and substituting the following definition: —“ “Singapore society” means any society, trade union, co-operative society, mutual benefit organisation or other organisation formed or constituted in Singapore and registered or exempted from registration under any written law, all of whose members are citizens and all of whose trustees are either citizens or a trust company registered under the Trust Companies Act (Cap. 207);”; and

by deleting subsection (3).

Subsection (1) of section 3 shall not prohibit the purchase or acquisition by, or a transfer to, a foreign person of any estate or interest in —

any flat, not being a HUDC flat, comprised in any building consisting of six or more levels including the ground level and any level below the ground; or

any flat or dwelling-house shown as a unit in an approved plan bearing the title “Condominium” and issued by the competent authority under the Planning Act (Cap. 279).(2) Nothing in subsection (1) shall be construed to permit a foreign person to purchase or own —

all the flats in a building consisting of six or more levels; or

all the units of a condominium development,without having obtained the approval of the Minister.”.

by deleting subsections (4), (5) and (6) and substituting the following subsections: —“(4) Where the Controller is satisfied that a foreign company which is required by subsection (1) to dispose of an estate or interest in any residential property in Singapore has failed to dispose of the same on or before the 11th day of September 1983 (or within such further period as the Minister may, by notification in the Gazette, appoint), the Controller may give directions in writing to the foreign company to transfer all its estate or interest in its residential property to any citizen or approved purchaser within such period as the Controller may specify being a period of not less than ninety days and not more than six months of the date of service of the direction on the foreign company.(5) A direction given by the Controller under subsection (4) shall be served upon the foreign company which is required to transfer its estate or interest in any residential property and its subsisting mortgagees or chargees (if any) who appear as such in the records of the Registrar of Titles or the Registrar of Deeds, as the case may be.(6) A foreign company which is directed by the Controller to transfer its estate or interest in any residential property and its subsisting mortgagees or chargees who appear as such in the records of the Registrar of Titles or the Registrar of Deeds, as the case may be, may apply within sixty days of the date of service of the Controller’s direction to the Minister for an extension of the time specified by the Controller under subsection (4) to dispose of the estate or interest in the residential property owned by the foreign company and the Minister may at his discretion refuse to grant any extension or may grant such an extension of time as he may deem fit for the transfer of the estate or interest in the residential property owned by the foreign company to any citizen or approved purchaser.”; and

by deleting the words “(including any extension) specified in that subsection” in the fourth and fifth lines of subsection (7) and substituting the words “or within any extension of time granted under subsection (6)”.

Subject to subsection (2), where, on the 11th day of September 1973, a foreign company was the owner of an estate or interest in any immovable property in Singapore, the foreign company shall, within the period of six months of the commencement of the Residential Property (Amendment) Act, 1982, file with the Controller a statutory declaration made by its director or secretary or its representative in Singapore setting out —

the location and Government survey lot number of the immovable property which has been disposed of by sale or otherwise; and

in respect of any immovable property which has not been disposed of, —

the size, location, Government survey lot number, nature of its estate or interest in such property;

the purpose for which the property is currently used; and

such further particulars as the Controller may require.(2) Subsection (1) shall not apply to a foreign company which is exempted under section 22.”.

by deleting the words “or Singapore society” in the first and in the eleventh lines of subsection (1);

by deleting the words “or a converted society, as the case may be,” in the fifth and sixth lines of subsection (1);

by deleting the words “or the converted society, as the case may be,” in the twelfth and thirteenth lines of subsection (1);

by inserting, immediately after subsection (1), the following subsection: —“(1A) No Singapore society which is the owner of any estate or interest in any residential property purchased or acquired on or after the 11th day of September 1973 shall, on or after the appointed day, become a converted society without first seeking and obtaining the written approval of the Minister, in the manner provided in section 17, for such conversion and for the retention of all its estate or interest in all or any of its residential properties which such Singapore society intends to retain after conversion.”;

by inserting, immediately after the words “subsection (1)” in the first line of subsection (2), the words “or (1A)”;

by inserting, immediately after the words “subsection (1)” in the first line of subsection (3), the words “or (1A)”;

by inserting, immediately after the words “subsection (1)” in the ninth line of subsection (3), the words “or (1A)”; and

by inserting, immediately after the words “subsection (1)” in the fourth line of subsection (4), the words “or (1A)”.

Notwithstanding anything contained in any written law relating to companies or in the memorandum or articles of association of a Singapore company to the contrary, a Singapore company which intends to acquire any estate or interest in any residential property shall, prior to the vesting of the estate or interest in that property in the company, amend its memorandum or articles of association, as the case may be, so as to provide —

that no person other than a citizen or Singapore company shall be a member of the company;

that no person other than a citizen shall be a director of the company;

for the prohibition of the issue or transfer of its shares to persons who are not citizens or Singapore companies, or who are the nominees of such persons or companies;

that its directors shall decline to register as members of the company persons who are not citizens or Singapore companies or who are the nominees of such persons or companies; and

for the production of such evidence as the directors may think fit to show that a person desiring to be registered as a member of the company is a citizen or Singapore company.(2) A Singapore company shall, prior to the vesting of any estate or interest in any residential property in the company, file with the Controller a copy of its memorandum and articles of association including any amendments made thereto together with a list of its directors and members containing the particulars of their nationality and such other particulars as the Controller may require.(3) The Controller may, if he is satisfied that the requirements of subsections (1) and (2) are complied with by a Singapore company, issue to the company a certificate stating that the company may acquire and retain residential properties subject to the provisions of this Act.(4) The Controller may at any time cancel a certificate issued under subsection (3) if he is satisfied that the Singapore company has altered or removed any of the provisions of its memorandum or articles of association referred to in subsection (1) without the prior written approval of the Controller.(5) Any Singapore company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars.(6) Any Singapore company which contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.”.

Where a Singapore company is the owner of any estate or interest in any immovable property in Singapore and it does not have a valid certificate issued by the Controller under subsection (3) of section 8, the Singapore company shall, unless it satisfies the Controller that the property is not residential property, —

amend its memorandum or articles of association to incorporate the provisions referred to in subsection (1) of section 8 as soon as practicable but in any event not later than the 1st day of July 1983; and

file with the Controller within six months of the commencement of the Residential Property (Amendment) Act, 1982 a statutory declaration made by its director or secretary residing in Singapore setting out —

the size, location, Government survey lot number, nature of its estate or interest in the property;

the purpose for which the property is currently used; and

such other particulars as the Controller may require.(2) Where a Singapore company amends its memorandum or articles of association as required by subsection (1), the Singapore company shall file with the Controller a copy of its amended memorandum and articles of association together with a true copy of the resolutions passed for the purpose of effecting such amendments certified as such by the Registrar of Companies and a list of its directors and members containing the particulars of their nationality and such other particulars as the Controller may require within one month after the passing of the resolutions.(3) The Controller may, if he is satisfied that the requirements of subsections (1) and (2) are complied with by a Singapore company, issue a certificate to the company stating that the company may acquire and retain residential properties subject to the provisions of this Act.(4) Any Singapore company which fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars and to a further fine not exceeding one hundred dollars for every day during which the offence is continued after conviction.(5) Any Singapore company which fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.Singapore company to file statutory declaration8B.—

Any Singapore company which —

owns any estate or interest in any immovable property in Singapore; or

is the holder of a certificate issued by the Controller under subsection (3) of section 8,shall file with the Controller on or before the 1st day of July of each year a statutory declaration made by the secretary or a director of the company furnishing the particulars of the nationality of all its members and the directors and such other particulars as the Controller may require.(2) Any Singapore company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.Registrar may refuse to register instrument of transfer8C. The Registrar may refuse to register an instrument of transfer of an estate or interest in any residential property in favour of a Singapore company unless he is satisfied that —

the memorandum or articles of association of the company contains the provisions referred to in subsection (1) of section 8;

all the members of the company are either citizens or Singapore companies; and

all the directors of the company are citizens.Alteration of memorandum and articles of association of a Singapore company8D.—

Notwithstanding anything contained in any written law relating to companies, or in the memorandum or articles of association of a Singapore company to the contrary, a Singapore company shall not alter its memorandum or articles of association to remove any of the provisions referred to in subsection (1) of section 8 unless —

in the case of a Singapore company which owns any residential property, it has obtained the approval of the Minister to become a converted foreign company pursuant to section 17; or

in the case of a Singapore company which claims that it does not own any residential property, it has obtained a certificate in writing from the Controller stating that the Controller is satisfied that the company does not own any residential property.(2) Notwithstanding any approval given by the Minister or the issue of a certificate by the Controller, the Controller may, if he subsequently discovers that the company owns any residential property in respect of which the Minister has not granted any approval under section 16 or 17 for the company to purchase, acquire or retain the property or that the company had made a misrepresentation to the Controller, as the case may be, obtain the Minister’s direction to require the company to dispose of such residential property and the provisions of subsections (5) to (11) of section 7 shall apply, mutatis mutandis, to the manner of disposal of the residential property and the rights of a mortgagee or chargee (if any) of such residential property.(3) Where the memorandum or articles of association of a Singapore company contains a provision to the effect that the memorandum or articles of association shall not be altered to remove any of the provisions referred to in subsection (1) of section 8, that provision shall cease to have effect if the alteration of the memorandum or articles of association of the company is made after the company has obtained —

the approval of the Minister to become a converted foreign company pursuant to section 17; or

a certificate in writing from the Controller stating that the Controller is satisfied that the company does not own any residential property.(4) Where the memorandum or articles of association of a Singapore company contains any of the provisions referred to in subsection (1) of section 8, any alteration of the memorandum and articles of association of the company made at any time prior to the commencement of the Residential Property (Amendment) Act, 1982 to remove any of those provisions is hereby validated and shall be deemed to have been lawfully made by the company if —

the alteration was made pursuant to any approval granted by the Minister for the company to become a converted foreign company pursuant to section 17; or

the alteration was made after the Controller was satisfied that the company did not own any residential property.Singapore company to file amended memorandum or articles of association8E.—

Where, pursuant to any approval granted by the Minister or the Controller under section 8D, a Singapore company has altered its memorandum or articles of association to remove any of the provisions referred to in subsection (1) of section 8, the secretary or a director of the company shall file with the Controller a copy of the amended memorandum or articles of association of the company together with a list of its directors and members containing the particulars of their nationality and such other particulars as the Controller may require.(2) Any Singapore company which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.”.

Notwithstanding anything contained in any written law or the constitution or rules of any Singapore society to the contrary, any Singapore society which intends to acquire any estate or interest in any residential property shall, prior to the vesting of the estate or interest in that property in the trustees of the society, amend the constitution or rules of the society, as the case may be, so as to provide —

that no person other than a citizen shall be a member of the society; and

that no person other than a citizen or a trust company registered under the Trust Companies Act (Cap. 207) shall be appointed as a trustee of the society.(2) A Singapore society shall, prior to the vesting of any estate or interest in any residential property in the trustees of the society, file with the Registrar of Societies and the Controller a copy of its constitution or rules including any amendments made thereto together with a list of its trustees and members containing the particulars of their nationality and such other particulars as the Controller may require.(3) The Controller may, if he is satisfied that the requirements of subsection (1) are complied with by a Singapore society, issue a certificate stating to the effect that the Singapore society has complied with the requirements of that subsection and may acquire residential properties in accordance with the provisions of this Act.”.

Any Singapore society which is the holder of a certificate issued by the Controller pursuant to subsection (3) of section 9 shall file with the Controller and the Registrar of Societies on or before the 1st day of July of each year a statutory declaration made by the president, chairman or secretary of the society furnishing the particulars of the nationality of all its members and trustees and such other particulars as the Controller may require.(2) Any Singapore society which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars.Registrar may refuse to register an instrument of transfer9B. The Registrar may refuse to register an instrument of transfer of any estate or interest in any residential property in favour of a Singapore society unless he is satisfied that —

the constitution or rules of the society contain the provisions referred to in subsection (1) of section 9;

all the members of the society are citizens; and

the trustees of the society are either citizens or a trust company registered under the Trust Companies Act (Cap. 207).”.

Where the Minister has at any time before or after the commencement of the Residential Property (Amendment) Act, 1982 —

granted his approval under section 16 or 17 to any foreign person to purchase, acquire or retain any estate or interest in any residential property; or

exempted, pursuant to section 22, any foreign person from all or any of the provisions of this Act; or

granted his approval under section 18 to any foreign person for a change of use of any immovable property owned by the foreign person,subject to any condition imposed by the Minister and the Minister is satisfied that such person has failed to comply with the condition, he may, by direction in writing, require the person named therein to dispose of his estate or interest in the residential property by transferring the same to any citizen or approved purchaser within a period of not less than six months of the date of service of such direction by the Minister.(2) A direction given by the Minister under subsection (1) shall be served on the Controller and the person named therein and the subsisting mortgagees and chargees (if any) of the residential property who appear as such on the records of the Registrar of Titles or the Registrar of Deeds, as the case may be.(3) Where a person who has been directed under subsection (1) to dispose of his estate or interest in any residential property fails to satisfy the Controller that he has transferred the same within the period specified in subsection (1) or within any further period extended by the Minister, the Minister may, by notice in writing, direct the Controller to attach and sell the residential property at any time after ninety days of the date of the service of the notice, and a copy of such notice shall be served on the owner of the residential property and the subsisting mortgagees or chargees (if any) who appear as such in the records of the Registrar of Titles or the Registrar of Deeds, as the case may be.(4) Subsections (8) to (10) of section 4 and subsection (1) and subsections (6) to (12) of section 5 shall apply, mutatis mutandis, to the disposal of any estate or interest in the residential property by the Controller in accordance with a direction in writing given by the Minister.”.

does not proceed with or complete the development within such period as may be fixed by the Controller of Housing; or

does not sell all the flats or dwelling-houses in the development, or where the development comprises one or more buildings which have not been subdivided into units for sale, does not sell the whole development, to citizens or approved purchasers within a period of two years from the date of the issue by the relevant Government authority of a Temporary Occupation Licence permitting the occupation of such flats, dwelling houses or any of the buildings; and”.

by deleting paragraph (a) and substituting the following paragraph: —“(a)affect any transfer of, or any written agreement to transfer, any estate or interest in —

any residential property made and stamped in accordance with the provisions of the Stamp Duties Act (Cap. 147) at any time before the 11th day of September 1973; or

any HUDC flat made and stamped in accordance with the provisions of the Stamp Duties Act before the 31st day of May 1982, if the transfer or the agreement to transfer is not made in contravention of any covenant or condition contained in the instrument of lease issued by the Housing and Urban Development Company (Private) Limited in respect of the HUDC flat;”; and

by deleting paragraphs (e), (f) and (g) and substituting the following paragraphs: —“(e)prohibit the purchase or acquisition by a foreign person of any estate or interest in any residential property by way of tender or otherwise from the Urban Redevelopment Authority constituted under the Urban Redevelopment Authority Act, 1973 (Act 65 of 1973);

prohibit the purchase or acquisition by any foreign person of an estate or interest in any residential property directly from the Housing and Development Board sold under Part IV of the Housing and Development Act (Cap. 271) before or after the commencement of the Residential Property (Amendment) Act, 1982;

prevent any permanent resident, being a person married to a citizen, from jointly purchasing or acquiring an estate or interest in a flat or house sold under Part IV of the Housing and Development Act or Part IV of the Jurong Town Corporation Act (Cap. 209) so long as the Housing and Development Board or the Jurong Town Corporation has given its written consent to such purchase or acquisition; and any such estate or interest in that flat or house may, with the written consent of the Board or the Corporation, be transmitted on the death of both the joint owners to such of their children as are permanent residents;

apply to the purchase or acquisition by any foreign person of any estate or interest in any residential property directly from the Government; or

prevent any foreign person from acquiring an estate or interest in a HUDC flat or any dwelling-house sold directly by the Housing and Urban Development Company (Private) Limited before the 1st day of May 1982, notwithstanding that the instrument of transfer may be executed by the Housing and Development Board after the date.”.

If any dispute shall arise or should a ruling be required as to whether —

any property is a residential property within the meaning of this Act;

any flat is a flat comprised in a building containing six or more levels including the ground level and any level below the ground; or

two or more structures in an approved development constitute one building or two or more separate buildings for the purposes of this Act,a direction by the Minister to the effect that such property is or is not a residential property, or that such a flat is or is not in a building containing six or more levels, or that the structures in an approved development constitute one building or two or more buildings, as the case may be, shall be conclusive evidence for all purposes.(2) A direction of the Minister under this section shall be final and shall not be called in question in any court.”.

his approval for purchase, acquisition or retention of any estate or interest in any residential property pursuant to section 16 or 17;

his approval for a change of use of any immovable property pursuant to section 18; or

an exemption under section 22 in respect of any person or property,subject to any condition imposed by the Minister, any approved purchaser who fails to comply with any such condition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand dollars and to a further fine not exceeding one thousand dollars for every day during which the offence is continued after conviction.”.