Clause 1
Short title and commencement
This Ordinance may be cited as the Women’s Charter, 1961, and shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.
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Women’s Charter is Singapore Bill, cited as Bill 126 1961, currently marked in force and first recorded in 1961.
Part I
Short title and commencement
This Ordinance may be cited as the Women’s Charter, 1961, and shall come into operation on such date as the Yang di-Pertuan Negara may by notification in the Gazette appoint.
Interpretation
In this Ordinance unless the context otherwise requires —“brothel” means any place occupied or used by any two or more women or girls whether at the same time or at different times for the purpose of prostitution;“club” means any place which is used by an association of two or more persons for any purpose or object;“Conciliation Officer” means a Conciliation Officer appointed under section 46 of this Ordinance;“Deputy Registrar” means a Deputy Registrar of Marriages appointed under section 25 of this Ordinance;“Director” means the Director of Social Welfare, and includes an Assistant Director of Social Welfare;“minor” means a person who is under the age of twenty-one years and who is not married or a widower or widow;“occupier” of a place means the tenant, sub-tenant or lessee thereof or any person in charge of the place whether or not he is in actual occupation and whether he has or has not powers to let or sub-let;“owner” of a place means a person who, for the time being, has power or authority to let, hire, sell or convey the place to another person, or who receives the rent of the place whether on his own account or as an agent or trustee for any other person;“place” means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;“place of assignation” means any place where communication is established with any woman or girl, either directly or through an intermediary, for any immoral purpose;“place of public resort” means any place to which the public for the time being have access;“place of safety” means any place of safety established under the provisions of section 162 of this Ordinance;“Po Leung Kuk Fund” means the moneys and securities originally administered by the Po Leung Kuk Society established under rules made by the Governor in Council on the 8th day of March, 1905, and includes the moneys and securities kept in banks under the name of the Po Leung Kuk Fund;“prostitution” means the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind;“register of marriages” includes the State Marriage Register and any local marriage register kept or made under this Ordinance;“Registrar” means the Registrar of Marriages appointed under section 25 of this Ordinance and includes an Assistant Registrar of Marriages;
“brothel” means any place occupied or used by any two or more women or girls whether at the same time or at different times for the purpose of prostitution;
“club” means any place which is used by an association of two or more persons for any purpose or object;
“Conciliation Officer” means a Conciliation Officer appointed under section 46 of this Ordinance;
“Deputy Registrar” means a Deputy Registrar of Marriages appointed under section 25 of this Ordinance;
“Director” means the Director of Social Welfare, and includes an Assistant Director of Social Welfare;
“minor” means a person who is under the age of twenty-one years and who is not married or a widower or widow;
“occupier” of a place means the tenant, sub-tenant or lessee thereof or any person in charge of the place whether or not he is in actual occupation and whether he has or has not powers to let or sub-let;
“owner” of a place means a person who, for the time being, has power or authority to let, hire, sell or convey the place to another person, or who receives the rent of the place whether on his own account or as an agent or trustee for any other person;
“place” means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;
“place of assignation” means any place where communication is established with any woman or girl, either directly or through an intermediary, for any immoral purpose;
“place of public resort” means any place to which the public for the time being have access;
“place of safety” means any place of safety established under the provisions of section 162 of this Ordinance;
“Po Leung Kuk Fund” means the moneys and securities originally administered by the Po Leung Kuk Society established under rules made by the Governor in Council on the 8th day of March, 1905, and includes the moneys and securities kept in banks under the name of the Po Leung Kuk Fund;
“prostitution” means the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind;
“register of marriages” includes the State Marriage Register and any local marriage register kept or made under this Ordinance;
“Registrar” means the Registrar of Marriages appointed under section 25 of this Ordinance and includes an Assistant Registrar of Marriages;
Application
Subject to the provisions of subsection (2) of this section this Ordinance shall apply to all persons resident in Singapore and shall also apply to all persons domiciled in Singapore who are resident outside Singapore.
Parts II to VI and Part IX of this Ordinance shall not apply to any person who is married under, or to any marriage solemnized or registered under, the provisions of the Muslim law or of any written law in Singapore or in the Federation of Malaya providing for the registration of Muslim marriages.
No marriage one of the parties to which is a Muslim shall be solemnized or registered under this Ordinance.
For the purposes of this Ordinance, a person who is a citizen of Singapore shall be deemed, until the contrary is proved, to be domiciled in Singapore.
Part V
Omission to appear before Deputy Registrar within prescribed time
Any person who, being required by section 28 of this Ordinance to appear before a Deputy Registrar, omits to do so within the prescribed time shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both such imprisonment and fine.
Contravention of section 31
Any person who contravenes the provisions of section 31 of this Ordinance shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both such imprisonment and fine; and for a second or subsequent conviction shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.
Interference with marriage
Any person who uses any force or threat —
to compel a person to marry against his will; or
to prevent a person who has attained the age of twenty-one years from contracting a valid marriage,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine.
False oath, etc., for procuring marriage
Any person who for the purpose of procuring any marriage under this Ordinance intentionally makes any false declaration or signs any false notice or certificate required by this Ordinance shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine.
False allegation in caveat
Any person who enters a caveat against the issue by a Registrar of a certificate for marriage and makes any false representation in or in support of the caveat knowing or believing such representation to be false or not having reason to believe it to be true, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine.
Any person who enters a caveat against the issue of a certificate for marriage and pretends or falsely represents himself to be a person whose consent to the marriage is required by law knowing or believing such pretence or representation to be false or not believing it to be true shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine.
Unauthorized solemnization of marriage
Any person who, not being authorized thereto under this Ordinance, solemnizes any marriage, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding ten years and shall also be liable to a fine not exceeding fifteen thousand dollars.
Offences relating to solemnization of marriages
Any person who knowingly and contrary to this Ordinance solemnizes a marriage —
without first receiving a certificate for the marriage or a licence dispensing with such certificate;
otherwise than in the presence of at least two credible witnesses other than the persons solemnizing the marriage; or
after the expiration of three months from the date of the notice of marriage given under section 13 of this Ordinance,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding three years and shall also be liable to a fine not exceeding five thousand dollars.
Any Registrar who knowingly and contrary to this Ordinance issues any certificate for marriage —
without publishing the notice of marriage as required by section 15 of this Ordinance;
when a caveat has been entered under section 18 of this Ordinance without having first complied with section 19 of this Ordinance; and
contrary to the provisions of section 16 of this Ordinance,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding three years and shall also be liable to a fine not exceeding five thousand dollars.
Destroying or falsifying register book
Any person who by himself or another —
wilfully destroys or injures any register of marriages or any certificate thereout, or any part thereof or any authenticated extract therefrom;
falsely makes or counterfeits any part of such register or certificate; or
wilfully inserts any false entry in any register or certificate or authenticated extract,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding seven years, and shall also be liable to a fine not exceeding ten thousand dollars.
Sanction for prosecution
No prosecution for any offence punishable under this Part of this Ordinance shall be instituted except with the authority in writing of the State Advocate-General or the Solicitor-General given within the space of three years after the offence was committed or, in the case of a continuing offence, commenced.
Correction of errors
If the Registrar is satisfied by statutory declaration or otherwise that any entry relating to a marriage is erroneous in form or substance, he may, in the presence of the persons married, or, if they are absent, in the presence of two credible witnesses, correct the error by ruling through any entry in the certificate of marriage which is erroneous and making the correct entry therein and he shall thereupon cause the entry in the local marriage register to be corrected in the same manner.
The Registrar or the Deputy Registrar shall sign and date the correction made in the certificate of marriage and the local marriage register.
Every entry made under subsection (1) of this section shall be attested by the witnesses in whose presence it was made.
Inspection and search
Every marriage register and index kept by the Registrar under the provisions of this Ordinance shall be open to inspection upon payment of the prescribed fee by any person applying to inspect the same.
The Registrar shall upon payment of the prescribed fee furnish to any person requiring the same a copy of any entry certified under his hand and seal of office.
Proof
Every marriage register kept by the Registrar or a Deputy Registrar under the provisions of this Ordinance and any copy of any entry therein certified under his hand and seal of office to be a true copy or extract shall be prima facie evidence in all courts and tribunals in Singapore of the dates and acts contained or set out in such marriage register, copy or extract.
Part X
Offences relating to prostitution
Any person who —
sells, lets for hire or otherwise disposes of or buys or hires or otherwise obtains possession of any woman or girl with intent that such woman or girl shall be employed or used for the purpose of prostitution either within or without Singapore, or knowing or having reason to believe that such woman or girl will be so employed or used;
procures any woman or girl to have either within or without Singapore carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore;
by threats or intimidation procures any woman or girl to have carnal connection except by way of marriage with any male person either within or without Singapore;
by or under any false pretence, false representation, or fraudulent or deceitful means made or used either within or without Singapore, brings or assists in bringing into, or takes out of or assists in taking out of, Singapore any woman or girl with intent that such woman or girl shall be employed or used for the purpose of prostitution either within or without Singapore or knowing or having reason to believe that such woman or girl will be so employed or used;
brings into Singapore, receives or harbours any woman or girl knowing or having reason to believe that such woman or girl has been procured for the purpose of having carnal connection except by way of marriage, with any male person or for the purpose of prostitution either within or without Singapore and with intent to aid such purpose;
knowing or having reason to believe that any woman or girl has been procured by threats or intimidation for the purpose of having carnal connection except by way of marriage with any male person, either within or without Singapore, receives or harbours such woman or girl with intent to aid such purpose;
knowing or having reason to believe that any woman or girl has been brought into Singapore in breach of paragraph (d) of this subsection or has been sold or purchased in breach of paragraph (a) of this subsection receives or harbours such woman or girl with intent that she may be employed or used for the purpose of prostitution either within or without Singapore;
detains any woman or girl in a brothel against her will;
detains any woman or girl in any place against her will with intent that she may be employed or used for the purpose of prostitution or for any unlawful or immoral purpose;
has carnal connection with any girl under the age of sixteen years except by way of marriage; or
attempts to do any act in contravention of this section,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars.
Any male person who is convicted of a second or subsequent offence under paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) of this section shall in addition to any term of imprisonment awarded in respect of such offence be liable to caning.
For the purposes of this section it shall be presumed until the contrary is proved that —
a person who takes or causes to be taken into a brothel any woman or girl has disposed of such woman or girl with the intent or knowledge mentioned in paragraph (a) of subsection (1) of this section;
a person who receives any woman or girl into a brothel has obtained possession of such woman or girl with the intent or knowledge mentioned in paragraph (a) of subsection (1) of this section;
a person has detained a woman or girl in any brothel or in any place against her will if, with intent to compel or induce her to remain therein, such person —
withholds from such woman or girl any wearing apparel or any other property belonging to her or any wearing apparel commonly or last used by her; or
where wearing apparel or any other property has been lent or hired out or supplied to such woman or girl, threatens such woman or girl with legal proceedings if she takes away such wearing apparel or property; or
threatens such woman or girl with legal proceedings for the recovery of any debt or alleged debt or uses any other threat whatsoever.
Reasonable cause to believe that a girl was of or above the age of sixteen years shall not be a defence to a charge of an offence under paragraph (j) of subsection (1) of this section:Provided that in the case of a man of twenty-four years of age or under the presence of reasonable cause to believe that the girl was over the age of sixteen years shall be a valid defence on the first occasion on which he is charged with such an offence.
Traffic in women and girls
Any person who buys, sells, procures, traffics in, or brings into or takes out of Singapore for the purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution, any woman or girl, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars.
No person shall be charged with an offence under this section if he satisfies the Director that the woman or girl brought into or taken out of Singapore by him or intended to be brought into or taken out of Singapore by him was so brought into or taken out of Singapore or is intended to be so brought into or taken out of Singapore for the purpose of her marriage or adoption and that such marriage or adoption can be solemnized or made and has been or will be solemnized or made under the laws and customs for the time being in force in Singapore.
Importation of woman or girl by false pretences
Any person who by or under any false pretence, false representation or fraudulent or deceitful means made or used either within or without Singapore brings into, or takes out of, or assists in bringing into, or assists in taking out of Singapore any woman or girl, whether or not for the purpose of present or subsequent prostitution, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars.
Persons living on or trading in prostitution
Any person who knowingly lives wholly or in part on the earnings of the prostitution of another person shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding ten thousand dollars.
Any male person who is convicted for a second or subsequent offence under this section shall in addition to any term of imprisonment awarded in respect of such offence be liable to caning.
Where any person is proved to live with or be habitually in the company of a prostitute or prostitutes or is proved to have exercised control, direction or influence over the movements of a prostitute or prostitutes in such a manner as to show that such person is aiding, abetting or compelling her or their prostitution with any other person or generally, such person shall, in the absence of proof to the contrary, be deemed to be knowingly living on the earnings of prostitution.
Suppression of places of assignation
Any person who keeps, manages or assists in the management of a place of assignation shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine; and on a second or subsequent conviction shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.
Any person who keeps, manages or assists in the management of a club or a place of public resort which is used as a place of assignation shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine; and on a second or subsequent conviction shall be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding fifteen thousand dollars or to both such imprisonment and fine.
Suppression of brothels
Any person who keeps or manages or assists in the management of a brothel shall be guilty of an offence under this section.
Any person who is the tenant, lessee, occupier or person in charge of any place which is used as a brothel shall unless such person proves that he has no knowledge that the place is used as a brothel be guilty of an offence under this section.
Any person who being the tenant, lessee, occupier or person in charge of any place lets such place or any part thereof shall notwithstanding such letting be guilty of an offence under subsection (2) of this section if the place or any part thereof is used as a brothel, unless he proves that he has no knowledge that the place or such part thereof is used as a brothel.
Any person who being the owner of any place or the agent of such owner lets the same or any part thereof with the knowledge that such place or some part thereof is to be used as a brothel or is wilfully a party to the continued use of such place or any part thereof as a brothel shall notwithstanding such letting be guilty of an offence under this section.
Any person who is guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine; and on a second or subsequent conviction shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.
Notice to owner and occupier
Where the Director has reason to believe that a place is being used as a brothel or as a place of assignation he may serve or cause to be served a notice in the prescribed form on the owner of such place, as well as the occupier thereof.
If the owner or occupier is not otherwise known, service shall be made on the person inscribed in the books kept under any written law for the time being in force as the owner or occupier of such place; and if the name of the owner or occupier is not inscribed in such books or if the name of the owner or occupier cannot by the exercise of due diligence be found, then the notice may be served by being affixed to the principal outer door or upon the outside of any door or window or any conspicuous part of the place.
Every occupier receiving a notice under this section shall forthwith inform the owner or the person from whom he rents the place of the fact of receipt of such notice who shall in like manner inform the owner or the person from whom he rents the place and so on till the notice is brought to the knowledge of the owner, each tenant being responsible to bring the notice to the knowledge of his immediate lessor.
Any occupier who refuses or omits to inform the owner or the person from whom he rents the premises that such notice has been received shall be liable to prosecution under section 225C of the Penal Code (Cap. 119).
If in proceedings under this Part of this Ordinance, it is proved that the notice referred to in subsection (1) of this section has been served on the owner or occupier of a place it shall be presumed that the place is so kept, managed or used to the knowledge or with the permission of the owner or occupier of such place.
Determination of tenancy of places on conviction for permitting use as a brothel, etc
Upon the conviction of the occupier of any place for any offence under section 132 or 133 of this Ordinance in respect of such place, the owner of such place shall within one month require the person so convicted to deliver up possession of the place to the owner, and in the event of the person so convicted failing within one month of being so required to deliver up possession as aforesaid, the owner of such place shall be entitled to determine the lease or contract of tenancy but without prejudice to the rights or remedies of any party to such lease or contract accrued before the date of such determination.
Notwithstanding the provisions of the Control of Rent Ordinance (Cap. 242), where the owner of any place has determined the lease or contract of tenancy in accordance with the provisions of subsection (1) of this section and the occupier has not delivered up possession of the place after such determination, a Magistrate’s Court may on the application of the owner make a summary order for the delivery of possession of the place to the owner.
If the occupier disobeys any order made by a Magistrate’s Court under the provisions of subsection (2) of this section, he shall be liable to the penalty prescribed in that behalf in section 188 of the Penal Code (Cap. 119).
Court to make order for demolition of structural contrivances for facilitating the running of a place of assignation or of a brothel
Whenever it appears to a court, upon the trial of any offence under section 132 or 133 of this Ordinance, that the place in or in respect of which the offence is alleged to have been committed is a place of assignation or a brothel, and that the same is fitted or provided with any means or contrivances such as staircases, doors and partitions, ladders, planks, platforms, posts, palings, fences, locks, bars, bolts or any other things which appear to it to have been specially erected or constructed for the purpose of facilitating the carrying on of a place of assignation or of a brothel at such place, the court shall order the demolition of such means or contrivances.
Authority of courts to issue arrest and search warrants
If any court has reason to believe that any place is used by a woman or girl for the purpose of prostitution and that any other person residing in or frequenting the house is living wholly or in part on the immoral earnings of such woman or girl, it may issue a warrant authorizing the Director or any officer of the Ministry of Labour and Law or any police officer not below the rank of Inspector to enter and search the place and to arrest such person.
Trials in camera in certain cases
When any person is charged with or convicted of having committed any offence under this Part of this Ordinance, or under section 354 or 376, or sections 354 and 511, or sections 376 and 511 of the Penal Code (Cap. 119) in respect of any woman or girl, the court conducting a preliminary inquiry into, or trying such offence, or hearing any appeal or special case or any point reserved by a Judge of the High Court in relation to such offence, may order that all proceedings before it shall be dealt with in camera.
Whenever any such order is made the court shall not be deemed an open court, and the court shall order that no person shall have access to or be or remain in such court except such persons as are necessary for the purpose of the proceedings.
The court shall order proceedings before it to be dealt with in camera in any case where the girl in respect of whom an offence under this Part of this Ordinance, or under section 354 or 376, or sections 354 and 511, or sections 376 and 511 of the Penal Code is alleged to have been committed has not attained the age of sixteen years.
No newspaper report of any proceedings under this Part of this Ordinance in any court shall reveal the name or address, or include any particulars calculated to lead to the identification of any woman or girl in respect of whom the offence is alleged to be committed, nor shall any picture be published in any newspaper as being or including a picture of any such woman or girl.
Any person who publishes any matter in contravention of this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine.
Trial of offences
All offences against this Part of this Ordinance shall be cognizable by a District Court:Provided that no prosecution shall be instituted in respect of any such offence without the previous sanction of the Director or the Public Prosecutor or his deputy.
Any District Court may, notwithstanding anything in the Criminal Procedure Code (Cap. 132), impose the full punishment prescribed by this Part of this Ordinance in respect of any offence.
Prosecutions in respect of offences committed under this Part of this Ordinance may be conducted by the Director or any officer of the Ministry of Labour and Law, authorized in writing in that behalf by the Director.
Detention pending on judicial proceedings
Any court inquiring into or trying an offence punishable under this Part of this Ordinance or under section 309, 312, 313, 317, 354, 370, 371, 372, 373, 373A, 376, 376B, 377 or 498 of the Penal Code or defined in section 321, 322, 339, 340, 350, 351, 360, 361 or 362 of the Penal Code may order any woman or girl in respect of whom the offence is alleged to have been committed to be detained temporarily until the determination of the proceedings against the person accused.
Where an order is made under subsection (1) of this section the Director shall receive such woman or girl and shall put her in a place of safety and shall there detain her until the determination of the proceedings.
Notwithstanding the determination of the proceedings against the accused person, the Director may by warrant under his hand, order the detention in a place of safety of any woman or girl referred to in this section whom he considers to need protection, and thereupon such arrangements shall be made for her welfare as the Director deems necessary:Provided that in exercising his powers under this subsection, the Director shall not contravene the provision of section 146 of this Ordinance.
Director may examine women and girls and the person in charge of them
If the Director has reasonable cause to believe that —
any woman or girl has been brought into Singapore either after having been purchased or by fraud, misrepresentation or any false pretence whether or not for the purpose of prostitution or of being sent from Singapore;
the custody of any woman or girl has been acquired either after having been purchased or by fraud, misrepresentation or any false pretence whether or not for the purpose of prostitution or of being sent from Singapore;
any woman or girl has been purchased either within or without Singapore for the purpose of being used, trained or disposed of as a prostitute; or
any woman or girl is being detained against her will for the purpose of prostitution or of being sent from Singapore for immoral purposes,the Director, or any person authorized in that behalf by him in writing, may require such woman or girl and any person who appears to have the custody or control of such woman or girl to appear before him at any reasonable time and at any convenient place and the Director may examine such woman or girl as to her reasons for entering or being in Singapore and may examine such person respecting such woman or girl and such woman or girl and such person shall be legally bound to answer such questions truthfully to the best of their ability.
The Director may also require any person in whose custody or under whose control the woman or girl appears to be to furnish him with copies of her and such person’s photograph and to furnish security to the satisfaction of the Director that such woman or girl will not leave Singapore without the previous consent in writing of the Director and will not be trained or disposed of as a prostitute or for immoral purposes and will not whether by way of adoption, marriage or otherwise, be transferred to the care and custody of any other person without the previous consent in writing of the Director and that she will be produced before the Director whenever he requires it.
In default of such photographs and security being given the Director may by warrant under his hand order such woman or girl to be removed to a place of safety and there detained until she can be returned to the place from whence she was brought or until other proper provision can be made for her welfare.
Where the Director has reason to believe that such woman or girl may be sent from Singapore, he may issue an order for the detention of such woman or girl in a place of safety until the determination of any inquiries or until after such arrangements have been made for her welfare as the Director deems necessary.
Inspection
The Director or any officer generally or specially authorized in that behalf in writing by the Director may at any time visit and inspect the place where any woman or girl in respect of whom security has been furnished under section 141 of this Ordinance lives or is believed to live or to be.
The Director or any such officer may inquire into the condition and circumstances of such woman or girl and for the purposes of such inquiry the Director or such officer as aforesaid may require any person to answer any questions he may think proper to ask.
Any person who —
obstructs or hinders or attempts to obstruct or hinder the Director or any such officer in the exercise of the powers conferred by this section; or
refuses to answer to the best of his knowledge and belief any question which he is legally bound to answer and which is asked of him by any officer appointed or authorised under this Part of this Ordinance,shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.
Security on departure of woman or girl from Singapore
Whenever the Director is of opinion that it is in the interests of any such woman or girl as is referred to in section 141 of this Ordinance that such woman or girl should be permitted to leave Singapore, the Director may grant such permission upon being supplied with such photographs of such woman or girl as he may require and upon security being given to his satisfaction that the person in whose custody or control such woman or girl appears to be will bring such woman or girl before such public officer within such period and at such destination as may be specified in the bond.
The giving of such further security shall not relieve any person who furnished the security required by section 141 of this Ordinance from any obligation under the conditions of the bond entered into under that section, other than the condition relating to departure from Singapore, unless the public officer in the territory where such woman or girl then resides obtains fresh security conditioned in the manner specified in section 141 of this Ordinance.
A certificate under the hand of the public officer referred to in subsection (1) of this section that such woman or girl has not been brought before him shall in any legal proceedings be conclusive evidence to that effect, unless the court requires such officer to be called as a witness.
Girl under twenty-one used or trained for immoral purposes, etc
If the Director has reasonable cause to believe that any girl under the age of twenty-one years is being trained or used for immoral purposes or lives in or frequents any brothel or is habitually in the company of prostitutes or brothel keepers or procuresses or persons employed or living in brothels or persons directly interested in the business carried on in brothels or by prostitutes, he may, by warrant under his hand, order such girl to be removed to a place of safety and there temporarily detained until an inquiry has been held by him.
If the Director after holding such inquiry is satisfied that such girl comes within the provisions of subsection (1) of this section, he may, by warrant under his hand, order such girl to be detained in a place of safety.
Director may order detention of woman or girl in certain cases
Any woman or girl —
whose lawful guardian requests the Director in writing to detain her in a place of safety; or
whom the Director considers to need protection and whose lawful guardian cannot be found; or
whom the Director believes to have been ill-treated and to need protection; or
whom the Director considers to be in moral danger,may by warrant under the hand of the Director be ordered by him to be removed to a place of safety and there detained until he has held an inquiry as to the circumstances of her case.
Every such inquiry shall be completed within a period of one month from the date of such woman’s or girl’s admission into the place of safety.
If after holding such inquiry, the Director is satisfied that such woman or girl is in need of protection, he may by warrant under his hand order that such woman or girl be detained in a place of safety.
Period of detention of woman or girl in a place of safety
No woman or girl appearing to be under the age of twenty-one years at the time of her being received into a place of safety shall be detained under this Part of this Ordinance after such arrangements have been made for her welfare as the Director deems necessary or in any case after she attains the age of twenty-one years or marries, whichever first happens.
Marriage not to be contracted without consent of Director
No girl detained under the provisions of this Part of this Ordinance or in respect of whom security has been taken under the provisions of subsection (1) of section 141 of this Ordinance shall contract any form of marriage without the previous consent in writing of the Director.
Women and girls in urgent need of refuge
Any woman or girl may on her own application be received by the Director into a place of safety if he is satisfied that such woman or girl is in urgent need of refuge.
Where the situation warrants it, the person in charge of any place of safety may receive into such place of safety any woman or girl who makes an application to her.
Where the person in charge of a place of safety receives any woman or girl into such place of safety in accordance with subsection (2) of this section she shall within forty-eight hours of the admission of such woman or girl, produce her before the Director with a full report of the circumstances.
Transfer of women or girls from one place of safety to another place of safety within Singapore
Whenever an order has been made under subsection (3) of section 140, section 141, 144 or 145 of this Ordinance for the detention of a woman or girl in a place of safety and it appears to the Director to be expedient in the interests of such woman or girl that she should be transferred from such place of safety to another place of safety within Singapore, it shall be lawful for the Director to issue an order that such woman or girl shall be so transferred:Provided that no woman or girl admitted into a place of safety in Singapore on the request in writing of her lawful guardian under paragraph (a) of subsection (1) of section 145 of this Ordinance shall be so transferred from such place of safety except with the approval in writing of her lawful guardian.
Removal of women or girls to Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong by order of the Minister
Whenever an order has been made under subsection (3) of section 140, section 141, 144 or 145 of this Ordinance for the detention of a woman or girl in a place of safety and it appears to the Minister to be expedient in the interests of such woman or girl that she should be removed from such place of safety and transferred to a place of safety established in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong under the provisions of any law for the time being in force in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong, as the case may be, for the protection of women and girls, it shall be lawful for the Minister to issue an order that such woman or girl shall be removed to such place of safety established in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong:Provided that no woman or girl admitted into a place of safety in Singapore on the request in writing of her lawful guardian under paragraph (a) of subsection (1) of section 145 of this Ordinance shall be so removed from such place of safety except with the approval in writing of her lawful guardian.
The order for removal under this section shall be addressed to the person in charge of the place of safety in which the woman or girl is detained and shall direct such person to deliver the woman or girl to the person mentioned in the said order for removal at such place in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong and in such manner as may be specified in the said order for the purpose of transfer as aforesaid; and the woman or girl shall be delivered up and shall be transferred accordingly.
The Minister may direct that any conditions not inconsistent with the provisions of this Part of this Ordinance, which may be prescribed by the provisions of any law for the time being in force in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong for the reception of women and girls from Singapore into the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong, and the detention therein of such women and girls shall be observed.
Any woman or girl removed under this Part of this Ordinance to a place of safety in the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong may, if she so desires, on being discharged from such place of safety, be returned to Singapore.
Appeal
An appeal shall lie from any order made by the Director under this Part of this Ordinance to the Minister whose decision shall be final and shall not be questioned in any court.
Women and girls may be received into and detained in Singapore
Whenever the Government of the Federation of Malaya, Sarawak, North Borneo, Brunei or Hong Kong makes a representation to the Minister that it is expedient that any woman or girl whose detention in a place of safety has been ordered by the authority thereunto empowered by the law of such territory should be removed to Singapore for detention in a place of safety within Singapore, and satisfies the Minister that provision will be made for the payment of all expenses that may be incurred in the reception, maintenance and detention of, or otherwise in relation to, such woman or girl, the Minister, if it appears to him that there is sufficient accommodation for such woman or girl in a place of safety within Singapore, may by warrant under his hand in the prescribed form direct such woman or girl, when brought into Singapore, to be received therein and conveyed to a place of safety specified in such warrant and to be there detained until discharged in due course of law or until further order.
The representation mentioned in subsection (1) of this section shall be delivered under the hand of the Minister or the officer for the time being charged with the responsibility for making such a representation on behalf of the Government concerned.
Every warrant purporting to be issued in pursuance of this Part of this Ordinance and to be under the hand of the Minister shall be received in evidence in every court without further proof and shall be evidence of the facts therein stated, and all acts done in pursuance of such warrant shall be deemed to have been authorized by law.
Women and girls so received to be subject to local law
Any woman or girl received into Singapore under the provisions of section 152 of this Ordinance shall be dealt with in Singapore in like manner as if her detention in a place of safety had been ordered by the Director by warrant under his hand, and shall be subject to all laws and regulations in force in Singapore.
Women and girls detained to be subject to rules
Every woman or girl detained under this Part of this Ordinance shall be subject to such rules as are prescribed.
Every woman or girl detained or ordered to be detained under this Part of this Ordinance who leaves any place in which she is detained otherwise than in accordance with such rules may be arrested and taken back to such place by any police officer or by any officer duly authorized thereto either specially or generally by the Director.
Any person who induces or assists any woman or girl so detained as aforesaid to leave the place in which she is detained, otherwise than in accordance with such rules, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.
Director may cause persons to be photographed
Whenever the Director, after inquiry, has reason to believe that a breach of any of the provisions of this Part of this Ordinance is about to be or has been committed by any person, the Director may direct that such person be photographed, and his finger impressions taken at such time and place and in such manner as the Director may think fit, and the person so directed shall submit to be photographed and to have his finger impressions taken at such time and place and in such manner as the Director may think fit and in default of so doing shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.
Any person whose finger impressions and photograph have been taken under subsection (1) of this section may apply on the expiry of five years from the date when such finger impressions and photograph were taken for the return of such finger impressions and photograph and the Director shall, unless such person has in such period of five years been convicted of any offence under this Part of this Ordinance, deliver to such person the sheet upon which his finger impressions have been made together with the negative and all copies of any photograph taken of him, or, if no such application is received within three months from the period specified in this subsection, shall destroy such sheet and every such negative and photograph.
Power to summon and examine persons in certain circumstances
The Director may summon any person who he has reason to believe can give any information —
regarding any woman or girl in respect of whom he has reasonable cause to believe that an offence under this Part of this Ordinance is or may be committed or who he has reasonable cause to believe is or may be liable to be dealt with under section 141, 144 or 145 of this Ordinance; or
regarding any place which he has reasonable cause to believe is being used as a brothel, a place of assignation or for the purpose of prostitution.
The person so summoned shall attend at the hour and place specified in the summons and shall produce all documents in his custody, possession or control relating to such woman or girl or place, as the case may be, and shall answer truthfully all questions which the Director may put to him respecting any such woman or girl or place or in any way relating to the matter being inquired into, and where the inquiry relates to any woman or girl, such person shall also, if so required by the Director, produce such woman or girl, unless such person is able to satisfy the Director that he is unable to do so.
The Director shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 119) and may administer oaths to and examine on oath any person summoned before him for the purposes of this Part of this Ordinance.
Any person summoned who fails to attend at the hour and place specified in the summons or to do any of the other acts referred to in subsection (2) of this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.
The Director shall not be compellable in any judicial proceeding to answer any question as to the grounds of his decision or belief in any case dealt with by him under this Part of this Ordinance or as to anything which came to his knowledge in any inquiry made by him as Director.
The Director may during or after such inquiry as is referred to in subsection (1) of this section arrest or cause to be arrested any person whom he has reasonable cause to believe to be liable to prosecution for any offence under this Part of this Ordinance committed in respect of such woman or girl or such place, and may seize and detain any articles or any books, documents or accounts which he may have reason to believe to relate to such offence.
Record of evidence
The Director shall at any inquiry held by him take down and record the evidence taken by him upon such inquiry and of his decision thereon and shall furnish to the High Court a copy of such notes of evidence when called upon to do so by order of a Judge of such Court suppressing in such copy the name of any person from whom information has been derived if he thinks it expedient to do so.
Power of search
The Director, or any person being either a person employed in the Ministry of Labour and Law, or a police officer not below the rank of Inspector or an officer of the Immigration Department, Singapore, and being generally or specially authorized for that purpose in writing by the Director, may enter, and for that purpose use force if necessary, and search —
any place where the Director or such person or officer has reasonable cause to believe that an offence under this Part of this Ordinance has been or is being committed; and
any person in any such place,and may remove any woman or girl who is or may be liable to be dealt with under section 141, 144 or 145 of this Ordinance to a place of safety to be there detained until her case is inquired into:Provided that no female shall be searched except by a female.
Any person who refuses to be searched or refuses the Director or such person or officer as aforesaid access to such place or otherwise obstructs or hinders him in effecting an entrance to such place or in removing any such woman or girl shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars, or to both such imprisonment and fine.
Power of arrest and seizure
The Director, or any person being either a person employed in the Ministry of Labour and Law, or a police officer not below the rank of Inspector or an officer of the Immigration Department, Singapore, and being generally or specially authorized for that purpose in writing by the Director, may arrest or cause to be arrested any person reasonably believed to be liable to prosecution for an offence under section 128, 129, 130, 131, 132 or 133 of this Ordinance and may seize, and for that purpose use force if necessary, and detain any articles or any books, documents or accounts which he may have reason to believe to relate to an offence.
Where any person is arrested by the Director or by any of the persons mentioned in subsection (1) of this section the Director or any such person making the arrest shall comply with the provisions of sections 35 and 36 of the Criminal Procedure Code (Cap. 132) as if he were a police officer.
Any person who obstructs or hinders the Director or such person or officer as aforesaid in the arrest of any such suspected person or in the seizure or detention of such articles, books, documents or accounts shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars, or to both such imprisonment and fine.
Presumption arising out of warrants
Every warrant or summons purporting to be issued in pursuance of this Part of this Ordinance and to be under the hand and seal of the Director shall be received in evidence in any court without further proof and shall be prima facie evidence of the facts therein stated.
All acts done in pursuance of such warrant or summons shall be deemed to have been authorized by law.
Appointment of officers
The Minister may by notification in the Gazette appoint such officers as he may think fit for the purposes of this Part of this Ordinance and may by such notification confer upon such officers all or any of the powers conferred and duties imposed upon by the Director by this Part of this Ordinance.
Minister may establish places of safety
The Minister may, by order to be published in the Gazette, establish such places of safety as may be necessary for the purposes of this Part of this Ordinance.
Boards of Visitors
The Minister may by notification in the Gazette appoint for every place of safety a Board of Visitors to advise and make recommendations to the Director on such matters as he may refer to it.
A Board of Visitors may be appointed for one or more places of safety as the Minister thinks fit.
A Board of Visitors shall consist of twelve persons of whom at least five shall be women.
Discharge Committees
The Minister may appoint for a place of safety a Discharge Committee which shall advise and make recommendations to the Director on the discharge and aftercare of women and girls in such place of safety.
A Discharge Committee may be appointed in respect of one or more places of safety as the Minister thinks fit.
A Discharge Committee shall consist of seven persons a majority of whom shall be women.
Disability to contract marriages
Every person who on the 2nd day of March 1961, is lawfully married under any law, religion, custom or usage to one or more spouses shall be incapable, during the continuance of such marriage or marriages of contracting a valid marriage under any law, religion, custom or usage with any person other than such spouse or spouses.
Every person who on the 2nd day of March 1961, is lawfully married under any law, religion, custom or usage to one or more spouses and who subsequently ceases to be married to such spouse or all such spouses, shall, if he thereafter marries again, be incapable during the continuance of that marriage of contracting a valid marriage with any other person under any law, religion, custom or usage.
Every person who on the 2nd day of March 1961, is unmarried and who after that date marries under any law, religion, custom or usage shall be incapable during the continuance of such marriage of contracting a valid marriage with any other person under any law, religion, custom or usage.
Invalid marriages
Every marriage contracted in contravention of the provisions of section 4 of this Ordinance shall be invalid.
If any male person lawfully married under any law, religion, custom or usage shall during the continuance of such marriage contract a union with a woman which but for such marriage would confer rights of succession or inheritance upon such woman or upon the issue of such union, no issue of such union shall be legitimate or have any right of inheritance in or succession to the estate of such male person, and no such woman shall have any such right by reason of the death intestate of such male person.
Nothing in this section shall affect the liability of any person to pay such maintenance as may be directed to be paid by him under any written law.
Offence
Any person lawfully married under any law, religion, custom or usage who during the continuance of such marriage purports to contract a marriage under any law, religion, custom or usage in contravention of the provisions of section 4 of this Ordinance shall be deemed to commit the offence of marrying again during the lifetime of husband or wife, as the case may be, within the meaning of section 494 of the Penal Code (Cap. 119).
Continuance of marriage
Every marriage solemnized in Singapore after the coming into operation of this Ordinance shall continue until dissolved —
by the death of one of the parties; or
by order of a court of competent jurisdiction; or
by a declaration made by a court of competent jurisdiction that the marriage is null and void or invalid.
Persons by whom marriages may be solemnized
A marriage may be solemnized by the Registrar or any other person to whom a licence to solemnize marriages under this section has been granted by the Minister.
The Minister may grant a licence to any suitable person to solemnize marriages in Singapore.
Avoidance of marriages where either party is under minimum age for marriage
Any marriage purported to be solemnized under this Part of this Ordinance shall be invalid if at the date of the marriage either party is under the age of eighteen years unless the solemnization of such marriage was authorized by a licence granted by the Minister under the provisions of section 20 of this Ordinance.
Marriages within prohibited degrees
A marriage solemnized between a man and any of the persons mentioned in the first column of Part I of the First Schedule to this Ordinance, or between a woman and any of the persons mentioned in the second column of the said Part I, shall be void.
A marriage solemnized between a man and any of the persons mentioned in the first column of Part II of the said First Schedule, or between a woman and any of the persons mentioned in the second column of the said Part II, shall not be void by reason only of affinity.
A marriage which by virtue of subsection (2) of this section is not void if solemnized after the decease of any person shall be void if solemnized during the lifetime of that person.
A marriage solemnized between a man and a sister of his divorced wife and a marriage between a woman and a brother of her divorced husband shall be void if solemnized during the lifetime of such divorced wife or divorced husband as the case may be.
A Registrar in whose presence a declaration for the purpose of section 16 of this Ordinance is made shall explain to the person making the same what are the prohibited degrees of kindred and affinity and the penalties which may be incurred under other provisions of this Ordinance.
Avoidance of marriages by subsisting prior marriage
Any marriage purported to be solemnized under this Part of this Ordinance shall be invalid if either of the parties was at the date of such marriage married under any law, religion, custom or usage to any person other than the other party.
Consents
Subject to the provisions of this section a certificate for marriage under section 16 of this Ordinance or a licence under section 20 of this Ordinance for the marriage of a minor shall not be issued without the consent of a person mentioned in the Second Schedule to this Ordinance who is authorized to give such consent:Provided that —
if the Registrar, or in the case of a proposed marriage by licence the Minister, is satisfied that the consent of any person whose consent is so required cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability the necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required; and if the consent of no other person is required, the Registrar or the Minister may dispense with the necessity of obtaining any consent, or the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent cannot be so obtained;
if any person whose consent is required refuses his consent, the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent is so refused.
An application to the High Court under this section shall be made to a judge in chambers.
When an application is made to the High Court in consequence of a refusal to give consent notice of the application shall be served upon the person who refused to give consent.
Notwithstanding anything to the contrary in this Part of this Ordinance consent to the marriage of a minor shall not be necessary if the minor has been previously married.
Notice of marriage
Whenever any persons desire to marry under the provisions of this Part of this Ordinance, one of the parties to the intended marriage shall sign and give to a Registrar a notice in the prescribed form.
Signature on notice by person unable to write or to understand English language
If the person giving such notice is unable to write or is insufficiently acquainted with the English language, or both, then it shall be sufficient if he places his mark or cross thereon in the presence of some literate person who shall attest the same, which attestation shall be in the prescribed form.
Notice to be filed and published
Upon receipt of such notice such Registrar shall cause the notice to be filed serially.
The Registrar shall also cause a copy of the notice to be posted up in a conspicuous place in his office and shall keep the same so posted up until he grants his certificate as hereinafter mentioned, or until three months shall have elapsed.
Registrar to issue certificate on proof of conditions by statutory declaration
The Registrar, at any time after the expiration of twenty-one days and before the expiration of three months from the date of the notice, upon payment of the prescribed fee, shall issue his certificate for marriage in the prescribed form:Provided always that he shall not issue such certificate until he has been satisfied by statutory declaration made by each of the parties to the proposed marriage —
that one of the parties has been resident within Singapore for at least fifteen days preceding the granting of the certificate; and
that —
each of the parties is twenty-one years of age or over, or, if not, is a widower or widow, as the case may be; or
if either party is a minor, that the consent of the appropriate person mentioned in the Second Schedule to this Ordinance has been given in writing, or has been dispensed with, or has been given by a court in accordance with section 12 of this Ordinance; and
that neither party is below the age of eighteen years; and
that there is not any impediment of kindred or affinity, or any other lawful hindrance to the marriage; and
that neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted:And provided further that if any party taking a notice of marriage or a statutory declaration or making an application for a certificate to a Registrar does not understand the English language, the Registrar shall, before issuing his certificate, ascertain whether such person is cognizant of the purport and effect of the said notice, declaration or certificate and, if not, shall interpret or cause to be interpreted the notice, declaration or certificate to such person into some language which he understands.
Marriage to take place within three months
If the marriage does not take place within three months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and fresh notice shall be given before the parties can lawfully marry.
Caveat
Any person on payment of the prescribed fee may enter a caveat with the Registrar against the issue of a certificate for the marriage of any person named in the caveat and notice of whose intended marriage has been given to the Registrar.
A caveat entered under this section shall contain the name and place of residence of the person entering the caveat and the grounds of objection upon which the caveat is founded and shall be signed by the person entering the caveat.
Proceedings if caveat entered
If a caveat is entered in accordance with the provisions of section 18 of this Ordinance the Registrar shall not issue a certificate for the marriage against which the caveat has been entered unless —
after examining into the matter of the said objection, he is satisfied that it ought not to obstruct the issue of such certificate for the marriage; or
the caveat is withdrawn by the person who entered it:Provided that in cases of doubt it shall be lawful for the Registrar to refer the matter of any such caveat to the High Court which shall decide upon the same.
Where the Registrar has refused to issue the certificate for marriage the person applying for the same shall have a right of appeal to the High Court which shall thereupon either confirm the refusal or direct the grant of the certificate for marriage.
The High Court may examine the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.
If the Registrar or the High Court declares the grounds of objection to be frivolous and such as ought not to obstruct the issue of the certificate for marriage the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit by the party against whose marriage such caveat was entered.
Licence
The Minister, upon proof being made to him by statutory declaration that there is no lawful impediment to the proposed marriage, and upon his being satisfied that the necessary consent, if any, to such marriage has been obtained, or that the consent has been dispensed with or given under section 12 of this Ordinance may, if he shall think fit, dispense with the giving of notice, and with the issue of a certificate for marriage, and may grant his licence in the prescribed form, authorizing the solemnization of a marriage between the parties named in such licence.
The Minister may in his discretion grant a licence under this section authorizing the solemnization of a marriage although the female party to the marriage is under the age of eighteen years.
If the marriage authorized by a licence under this section is not solemnized within one month from the date of the licence the licence shall become void.
The Minister may delegate his powers under this section to any person, subject to such conditions as he may think fit to impose.
Solemnization of marriages
No marriage shall be solemnized unless a certificate for marriage or a licence authorizing the marriage has been delivered to the person solemnizing the marriage.
Every marriage shall be solemnized in the presence of at least two witnesses.
No marriage shall be solemnized unless the person solemnizing the marriage is satisfied that both the parties to the marriage freely consent to the marriage.
Solemnization of marriage by Registrar
Every marriage solemnized by the Registrar shall be solemnized in the presence of at least two credible witnesses.
The Registrar, after delivery to him of the certificate for the marriage or a licence authorizing the marriage, shall, either directly or through an interpreter, address the parties thus —“Do I understand that you A.B., and you C.D., come here for the purpose of becoming man and wife?”.If the parties answer in the affirmative, he shall proceed thus —“Know ye that by the public taking of each other as man and wife in my presence, and in the presence of the persons now here, and by the subsequent attestation thereof by signing your names to that effect, you become legally married to each other, although no other rite of a civil or religious nature shall take place, and that this marriage cannot be dissolved during your lifetime, except by a valid judgment of divorce, and if either of you before the death of the other shall contract another marriage while this remains undissolved, you will be thereby guilty of an offence under section 494 of the Penal Code, and liable to punishment for that offence.”.
In some part of the ceremony each of the parties —
shall declare as follows or to the like effect: —“I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D.”; and
shall say to the other as follows or to the like effect: —“I call upon these persons here present to witness that I, A.B., do take thee, C.D., to be my lawful wedded wife (or husband).”.
If either party does not understand the English language, the Registrar shall, at the time of solemnization interpret or cause to be interpreted to such party into a language which he understands, the declarations to be made at such marriage in accordance with subsection (3) of this section.
Religious ceremony
If the parties to any marriage contracted and solemnized under this Ordinance or under any previous written law relating to Christian or Civil Marriages shall desire to add to the marriage so contracted and solemnized the religious ceremony ordained or used by the church or temple of which such parties or one of them are members or a member it shall be competent for them to present themselves for that purpose to a clergyman or minister or priest of such church or temple having given notice to such clergyman or minister or priest of their intention so to do; and such clergyman or minister or priest, upon the production of a certified copy of the certificate of such marriage, may, if he shall see fit, read or celebrate the marriage service of the church or temple to which he belongs:Provided that nothing in the reading or celebration of such service shall be held to supersede or invalidate any marriage so previously contracted and solemnized, nor shall such reading or celebration be entered as a marriage in any register of marriages kept according to the provisions of this Ordinance.
Where a person is under expectation of death and desires to have a religious ceremony of marriage between himself and any person performed it shall be lawful for the clergyman, minister or priest of the church or temple to which he belongs to read or celebrate the marriage service of such church or temple:Provided that such reading or celebration shall not be deemed to be a solemnization of marriage for the purposes of this Ordinance and shall not be entered as a marriage in any register of marriage kept according to the provisions of this Ordinance.
Registration of marriages
Every marriage solemnized in Singapore after the coming into operation of this Ordinance shall be registered in accordance with the provisions of this Part of this Ordinance.
Appointment of Registrar and Deputy Registrar
The Minister may appoint any public officer either by name or office to be the Registrar of Marriages or an Assistant Registrar of Marriages for the purposes of this Ordinance.
The Minister may appoint by name or office such number of Deputy Registrars as may be necessary for the purposes of this Ordinance.
The Minister may appoint by name or office such other officers as may be necessary for carrying into effect this Part of this Ordinance.
The Registrar and every Assistant Registrar and Deputy Registrar appointed under this section shall be deemed to be public servants within the meaning of the Penal Code (Cap. 119).
Books and registers
The Registrar and Deputy Registrars shall keep such books and registers as are prescribed by this Ordinance or rules made thereunder.
The Registrar and Deputy Registrars shall keep local marriage registers in which shall be entered particulars of marriages which are registrable under this Ordinance.
The Registrar shall cause all certificates of marriage issued under this Ordinance to be bound together to form a State Marriage Register.
Registration of marriage solemnized by Registrar
Every marriage solemnized by the Registrar shall immediately after the solemnization thereof be registered by the Registrar in the local marriage register and also in the certificate of marriage attached to the marriage register.
The entry of such marriage in both the local marriage register and the certificate of marriage —
shall be signed by the Registrar solemnizing the marriage, and by the persons married; and
shall be attested by two credible witnesses, other than the Registrar solemnizing the marriage, present at the solemnization.
Registration of marriage not solemnized by the Registrar
The parties to a marriage which is solemnized by a person other than the Registrar shall —
appear before a Deputy Registrar within seven days of the marriage;
produce to the Deputy Registrar such evidence of the marriage either oral or documentary as the Deputy Registrar may require;
furnish such particulars as may be required by the Deputy Registrar for the due registration of such marriage; and
apply in the prescribed form for the registration of the marriage to be effected.
The Deputy Registrar shall register a marriage by entering the particulars thereof in a local marriage register and also in the certificate of marriage attached to the marriage register.
The entry of such marriage in both the local marriage register and the certificate of marriage —
shall be signed by the Deputy Registrar who made the entry and the parties to the marriage; and
shall be attested by two credible witnesses present at the solemnization of the marriage.
The Deputy Registrar registering the marriage shall send the certificate of marriage within three days of the solemnization of the marriage to the Registrar.
Registration where parties have not appeared within prescribed time
Where the parties to a marriage have not appeared before a Deputy Registrar within the time prescribed by section 28 of this Ordinance the marriage may, with the consent in writing of the Registrar be registered by a Deputy Registrar within three months from the date of such marriage.
Copy of entry to be given
On the completion of the registration of any marriage the Registrar or the Deputy Registrar shall deliver to the bride a copy of the certificate of marriage duly signed and sealed with his seal of office.
Unlawful registers
No person other than the Registrar or a Deputy Registrar shall —
keep any book being or purporting to be a register kept in accordance with the provisions of this Ordinance; or
issue to any person any document being or purporting to be a certificate of a marriage registered by the Registrar or a Deputy Registrar.
Legal effect of registration
Nothing in this Ordinance or rules made thereunder shall be construed to render valid or invalid merely by reason of its having been or not having been registered any marriage which otherwise is invalid or valid.
Rights and duties
Upon the solemnization of marriage the husband and the wife shall be mutually bound to co-operate with each other in safeguarding the interests of the union and in caring and providing for the children.
The husband and the wife shall have the right separately to engage in any trade or profession or in social activities.
The husband and the wife shall have equal rights in the running of the matrimonial household.
Conciliation Officers
The Minister may appoint such public officers as he thinks fit to be Conciliation Officers for the purposes of this Ordinance and shall from time to time publish in the Gazette the names of the officers so appointed.
Where there are differences between the parties to a marriage the parties or either of them may refer the differences to a Conciliation Officer for his advice and assistance.
Married woman to be capable of holding property and of contracting as a feme sole
A married woman shall, in accordance with this Part of this Ordinance, be capable of acquiring, holding and disposing by will or otherwise of any movable or immovable property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee.
Section 19 of the Wills Ordinance (Cap. 35) shall apply to the will of a married woman made during coverture, whether she is or is not possessed of or entitled to any separate property at the time of making it, and such will shall not require to be re-executed or re-published after the death of her husband.
A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort or otherwise in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff or defendant or be made a party to any action or other legal proceeding brought by or taken against her; and any damages or costs recovered by her in any such action or proceeding shall be her separate property; and any damages or costs recovered against her in any such action or proceeding shall be payable out of her separate property, and not otherwise.
Every contract entered into by a married woman otherwise than as agent —
shall be deemed to be a contract entered into by her with respect to and to bind her separate property, whether she is or is not in fact possessed of or entitled to any separate property, at the time when she enters into such contract;
shall bind all separate property which she is at that time or thereafter possessed of or entitled to; and
shall also be enforceable by process of law against all property which she is thereafter while discovert possessed of or entitled to.
Nothing in this section shall render available to satisfy any liability or obligation arising out of such contract any separate property which at that time or thereafter she is restrained from anticipating.
Property of a woman to be held by her as a feme sole
Every woman shall be entitled to have and to hold as her separate property, and to dispose of in the manner aforesaid all movable or immovable property which belongs to her at the time of marriage, or is acquired by or devolves upon her after marriage, including any wages, earnings, money and property gained or acquired by her in any employment, trade or occupation in which she is engaged or which she carries on separately from her husband, or by the exercise of any literary, artistic or scientific skill.
Loans by wife to husband
Any money or other estate of the wife, lent or entrusted by her to her husband for the purpose of any trade or business carried on by him or otherwise, shall be treated as assets of her husband’s estate in case of his bankruptcy under reservation of the wife’s claim to a dividend as a creditor for the amount or value of such money or other estate after, but not before all claims of the other creditors of the husband for valuable consideration in money or money’s worth have been satisfied.
Execution of general power
The execution of a general power by will by a married woman shall have the effect of making the property appointed liable for her debts and other liabilities in the same manner as her separate estate is made liable under this Part of this Ordinance.
Gifts by husband to wife
Nothing in this Part of this Ordinance shall give validity, as against creditors of the husband, to any gift by a husband to his wife of any property which, after such gift, continues to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors; but any moneys so deposited or invested may be followed as if this Ordinance had not been passed.
Remedies of married woman for protection and security of separate property
Every woman shall have in her own name against all persons whomsoever, including her husband, the same civil remedies and also, subject as regards her husband to subsection (3) of this section, the same remedies and redress by way of criminal proceedings for the protection and security of her own separate property as if such property belonged to her as a feme sole, but, except as aforesaid, no husband or wife shall be entitled to sue the other for a tort.
In any charge or other proceeding under this section it shall be sufficient to allege such property to be her property.
No criminal proceeding shall be taken by any wife against her husband by virtue of this Part of this Ordinance while they are living together as to or concerning any property claimed by her, nor while they are living apart as to or concerning any act done by the husband while they were living together concerning property claimed by the wife, unless such property has been wrongly taken by the husband when leaving or deserting or about to leave or desert his wife.
In any action or proceeding by a woman or by a next friend on her behalf, the court before which such action or proceeding is pending shall have jurisdiction by judgment or order to order payment of the costs of the opposite party out of property which is subject to a restraint on anticipation, and may enforce such payment by the appointment of a receiver and the sale of the property or otherwise as is just.
Wife’s ante-nuptial debts and liabilities
A woman after her marriage shall continue to be liable in respect and to the extent of her separate property for all debts contracted and all contracts entered into or wrongs committed by her before her marriage, including any sums for which she is liable as a contributory, either before or after she has been placed on the list of contributories under and by virtue of the Companies Ordinance (Cap. 174).
Such woman may be sued for any such debt and for any liability in damages or otherwise under any such contract or in respect of any such wrong.
All sums recovered against such woman in respect thereof or for any costs relating thereto shall be payable out of her separate property.
As between such woman and her husband, unless there is any contract between them to the contrary, her separate property shall be deemed to be primarily liable for all such debts, contracts or wrongs, and for all damages or costs recovered in respect thereof.
Husband to be liable to a certain extent for his wife’s debts contracted before marriage
A husband shall be liable for the debts of his wife contracted, and for all contracts entered into and wrongs committed by her, before marriage, including any liabilities to which she is so subject under the Companies Ordinance (Cap. 174) as aforesaid, to the extent of all property whatsoever belonging to his wife which he has acquired or become entitled to from or through his wife, after deducting therefrom any payments made by him, and any sums for which judgment has been bona fide recovered against him in any proceeding at law, in respect of any such debts, contracts, or wrongs for or in respect of which his wife was liable before her marriage as aforesaid; but he shall not be liable for the same any further or otherwise; and any court in which a husband is sued for any such debt may direct any inquiry or proceedings which it thinks proper for the purpose of ascertaining the nature, amount or value of such property.
Suits for ante-nuptial liabilities
A husband and wife may be jointly sued in respect of any such debt or other liability, whether by contract or for any wrong, contracted or incurred by the wife before marriage as aforesaid, if the plaintiff in the action seeks to establish his claim, either wholly or in part, against both of them.
If in any such action, or in any action brought in respect of any such debt or liability against the husband alone, it is not found that the husband is liable in respect of any property of the wife so acquired by him or to which he has become so entitled as aforesaid, he shall have judgment for his costs of defence, whatever may be the result of the action against the wife, if jointly sued with him.
In any such action against husband and wife jointly, if it appears that the husband is liable for the debt or damages recovered or any part thereof, the judgment to the extent of the amount for which the husband is liable shall be a joint judgment against the husband personally and against the wife as to her separate property; and as to the residue, if any, of such debt and damages, the judgment shall be a separate judgment against the wife as to her separate property only.
Act of wife liable to criminal proceedings
A wife doing any act with respect to any property of her husband which, if done by the husband with respect to property of the wife, would make the husband liable to criminal proceedings by the wife under this Part of this Ordinance, shall in like manner be liable to criminal proceedings by her husband.
Questions between husband and wife as to property to be decided in a summary way
In any question between husband and wife as to the title to or possession of property, either party may apply by summons or otherwise in a summary way to any judge of the High Court, and the judge may make such order with respect to the property in dispute and as to the costs of and consequent on the application as he thinks fit, or may direct such application to stand over, and any inquiry touching the matters in question to be made in such manner as he thinks fit.
Any order made under this section shall be subject to appeal in the same way as an order made by the same judge in an action pending in the said court.
The judge, if either party so requires, may hear any such application in his chambers.
Married woman as an executrix or trustee
A married woman who is an executrix or administratrix, alone or jointly with any other person or persons, of the estate of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sue or be sued, and may transfer or join in transferring any movable or immovable property belonging to the estate or trust without her husband as if she were a feme sole.
Saving of existing settlements and the power to make future settlements
Nothing in this Part of this Ordinance shall interfere with or affect any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of any married woman, or shall interfere with or render inoperative any restriction against anticipation at present attached or to be hereafter attached to the enjoyment of any property or income by a woman under any settlement, agreement for a settlement, will or other instrument.
No restriction against anticipation contained in any settlement or agreement for a settlement of a woman’s own property, to be made or entered into by herself, shall have any validity against debts contracted by her before marriage, and no settlement or agreement for a settlement shall have any greater force or validity against creditors of such woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors.
Legal representative of married woman
For the purposes of this Part of this Ordinance, the legal personal representative of any married woman shall, in respect of her separate estate, have the same rights and liabilities as she would have, and be subject to the same jurisdiction as she would be, if she were living.
Liability for breach of trust
The provisions of this Part of this Ordinance as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage, and her husband shall not be subject to such liabilities unless he has acted or intermeddled in the trust or administration.
Court may make order for maintenance of wife and children
Any married woman whose husband —
has been convicted of any offence under Chapter XVI of the Penal Code against her or any of her children;
has deserted her;
has neglected to provide reasonable maintenance for her and her children whom he is liable to maintain;
has treated her or any of her children with cruelty;
is a habitual drunkard; or
is living in adultery with another woman,may apply to a District Court or Magistrate’s Court and such court on due proof thereof may order the husband of such married woman to make a monthly allowance for her maintenance in proportion to his means as to the court seems reasonable.
If any person neglects or refuses to maintain his legitimate or illegitimate child unable to maintain itself, a District Court or Magistrate’s Court on due proof thereof may order such person to make a monthly allowance for the maintenance of such child in proportion to his means as to the court seems reasonable.
An application for the maintenance of a child under subsection (2) of this section may be made by any person who is the guardian or has the actual custody of the child.
Amount how levied
If any person neglects to comply with any such order made under this Part of this Ordinance the court which made such order may for every breach of the order by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court, or may sentence him to imprisonment for a term not exceeding one month for each month’s allowance remaining unpaid.
Rescission and variation of order
On the application of any person receiving or ordered to pay a monthly allowance under this Part of this Ordinance and on proof of a change in the circumstances of such person, his wife or child, or for other good cause being shown to the satisfaction of the court, the court by which such order was made may rescind the said order or may vary it as it deems fit.
Without prejudice to the extent of the discretion conferred upon the court by subsection (1) of this section the court may, in considering any application made under this section, take into consideration any change in the general cost of living which may have occurred between the date of the making of the order sought to be varied and the date of the hearing of the application.
Application of Ordinance to orders made under Minor Offences Ordinance
All orders made under section 37 of the Minor Offences Ordinance (Cap. 24 (1936 Edition)) or under section 2 of the Married Women and Children (Maintenance) Ordinance (Cap. 44) and in force at that date shall be deemed to have been made under this Ordinance by a Magistrate’s or District Court as the case may be and the provisions of this Ordinance shall apply to the same accordingly.
Upon an application to vary any order made under section 37 of the Minor Offences Ordinance or under section 2 of the Married Women and Children (Maintenance) Ordinance the court may make, under section 64 of this Ordinance, any order which it could have made upon an application under section 62 of this Ordinance or under section 2 of the Married Women and Children (Maintenance) Ordinance.
Power of District or Magistrate’s Court to refuse order where High Court proceeding more convenient
If in the opinion of the District or Magistrate’s Court the matters in question between the parties or any of them would be more conveniently dealt with by the High Court, the court may refuse to make an order and in such case there shall be no appeal from its decision:Provided always that the High Court or a judge thereof shall have power by order in any proceeding in the High Court relating to or comprising the same subject matter as the application refused as aforesaid or any part thereof to direct the court to rehear or determine the same.
Appeal
Subject to the provisions of this Part of this Ordinance an appeal shall lie from any order or the refusal of any order by a District Court or Magistrate’s Court under this Part of this Ordinance to the High Court exercising appellate civil jurisdiction under the provisions of the Courts Ordinance (Cap. 3).
There shall be no appeal on the ground that the amount of any monthly allowance ordered to be paid by any court under this Ordinance is excessive or insufficient unless such allowance so ordered exceeds the sum of one hundred dollars per mensem or unless the court in fixing the amount of such monthly allowance shall have misdirected itself on a matter of law.
All appeals brought under this section shall be by way of rehearing and the High Court shall have the like powers and jurisdiction on the hearing of such appeals as the Court of Appeal has on the hearing of appeals from the High Court under the Courts Ordinance.
No appeal made under the provisions of this Part of this Ordinance from any order shall operate as a stay of such order unless the High Court or the District or Magistrate’s Court so directs.
Powers of High Court
The High Court shall have the jurisdiction and powers which belong to and are exercisable by any District or Magistrate’s Court under this Part of this Ordinance.
Procedure
All applications to a Magistrate’s Court or District Court under this Part of this Ordinance shall be made and heard in the same manner and in accordance with the same procedure as applications for summonses are made and heard by such Magistrate’s or District Court under the provisions of the Criminal Procedure Code and an application for maintenance under this Part of this Ordinance shall be deemed to be a complaint for the purposes of that Code (Cap. 132).
The Rules of Court for the time being in force made under the provisions of the Courts Ordinance and applicable to appeals from District Courts brought under the provisions of section 20 of the said Ordinance shall apply to all appeals brought under the provisions of section 67 of this Ordinance:Provided that where an appeal is so brought from a Magistrate’s Court the said Rules shall be construed and applied as far as necessary as if references to a District Court were references to a Magistrate’s Court and references to a District Judge were references to a Magistrate.
Definitions
In this Part of this Ordinance, unless the context otherwise requires —“court” includes the Shariah Court constituted under the provisions of the Muslims Ordinance, 1957 (Ord. 25 of 1957);“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;“earnings”, in relation to a defendant, means any sums payable to him —
by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service;
by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment;“employer” means a person by whom, as a principal and not as a servant or agent, earnings fall to be paid to a defendant, and references to payment of earnings shall be construed accordingly;“maintenance order” means —
an order for the payment of monthly allowance made or deemed to be made by a court under Part VII of this Ordinance;
an order for the payment of periodical sums by way of maintenance or alimony to a wife or for the benefit of any child under Part IX of this Ordinance;
an order for maintenance made by the Shariah Court under the Muslims Ordinance, 1957 (Ord. 25 of 1957); and
a maintenance order confirmed by the court under the Reciprocal Enforcement of Maintenance Orders Ordinance (Cap. 19).
“court” includes the Shariah Court constituted under the provisions of the Muslims Ordinance, 1957 (Ord. 25 of 1957);
“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;
“earnings”, in relation to a defendant, means any sums payable to him —
by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service;
by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
“employer” means a person by whom, as a principal and not as a servant or agent, earnings fall to be paid to a defendant, and references to payment of earnings shall be construed accordingly;
“maintenance order” means —
an order for the payment of monthly allowance made or deemed to be made by a court under Part VII of this Ordinance;
an order for the payment of periodical sums by way of maintenance or alimony to a wife or for the benefit of any child under Part IX of this Ordinance;
an order for maintenance made by the Shariah Court under the Muslims Ordinance, 1957 (Ord. 25 of 1957); and
a maintenance order confirmed by the court under the Reciprocal Enforcement of Maintenance Orders Ordinance (Cap. 19).
Power of court to make an attachment of earnings order
If any person neglects to comply with any maintenance order the court which made such order may for every breach of the order make an attachment of earnings order.
Nature of attachment of earnings order
An attachment of earnings order shall require the person to whom the order in question is directed, being a person appearing to the court to be the defendant’s employer, to make out of the earnings falling to be paid to the defendant payments in satisfaction of the order.
The amount to be prescribed in an attachment of earnings order shall be such sum as to the court seem reasonable after taking into account the resources and needs of the defendant and the needs of persons for whom he must or reasonably should provide.
An attachment of earnings order shall contain, so far as they are known to the court making the order such particulars as may be prescribed for the purpose of enabling the defendant to be identified by the person to whom the order is directed.
An attachment of earnings order or any variation thereof shall not come into force until the expiration of seven days from the date when a copy of the order is served on the person to whom the order is directed.
An attachment of earnings order shall designate the officer to whom the payments under the order are to be made.
Effect of attachment of earnings order
When an attachment of earnings order is made, all other proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order shall be suspended.
The court by which an attachment of earnings order has been made may, if it thinks fit, on the application of the defendant or a person entitled to receive payments under the related maintenance order, make an order discharging or varying the attachment of earnings order.
An attachment of earnings order shall cease to have effect —
upon the issue of a warrant directing that the amount due under the related maintenance order shall be levied in the manner provided by law for levying fines;
upon the making of an order sentencing the defendant to imprisonment for failure to comply with the related maintenance order; and
upon the rescission of the related maintenance order;and where an attachment of earnings order ceases to have effect as aforesaid the court making such order shall give notice of the cessation to the person to whom the order was directed.
Duty of defendant and employer to comply with attachment of earnings order
A person to whom an attachment of earnings order is directed shall, notwithstanding anything in any other written law but subject to the provisions of this Part of this Ordinance, comply with the order or, if the order is subsequently varied under the provisions of section 73 of this Ordinance, with the order as so varied.
Where on any occasion on which earnings fall to be paid to a defendant there are in force two or more attachment of earnings orders relating to those earnings, then, for the purpose of complying with this Part of this Ordinance, the employer shall —
deal with those orders according to the respective dates on which they came into force disregarding any later order until all earlier orders have been dealt with; and
deal with any later order as if the earnings to which it relates were the residue of the defendant’s earnings after the making of any payment under this Part of this Ordinance in pursuance of any earlier order.
An employer who, in pursuance of an attachment of earnings order, makes a payment under this Part of this Ordinance, shall give to the defendant a statement in writing specifying the amount of that payment.
A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on him, has on no occasion during the period of one month immediately preceding that time been the defendant’s employer shall forthwith give notice in writing to that effect in the prescribed form to the court which made the order.
Additional powers of court in attachment of earnings order proceedings
Where proceedings relating to an attachment of earnings order are brought in any court, the court may, either before or at the hearing —
order the defendant to give to the court, within such period as may be specified by the order, a statement signed by him of —
the name and address of his employer, or of each of his employers if he has more than one;
such particulars as to the defendant’s earnings as may be so specified;
such prescribed particulars as may be so specified for the purpose of enabling the defendant to be identified by any employer of his; and
order any person appearing to the court to be an employer of the defendant to give to the court, within such period as may be specified by the order, a statement signed by him or on his behalf of such particulars as may be specified by the order of all earnings of the defendant which fell to be paid by that person during such period as may be so specified.
A document purporting to be such a statement as is mentioned in subsection (1) of this section shall, in any such proceedings as are so mentioned, be received in evidence and be deemed to be such a statement without further proof unless the contrary is shown.
Power of court to determine what are earnings
The court by which an attachment of earnings order has been made shall, on the application of the person to whom the order is directed or of the defendant or of the person in whose favour the order was made, determine whether payments to the defendant of a particular class or description specified by the application are earnings for the purposes of that order; and the person to whom the order is directed shall be entitled to give effect to any determination for the time being in force under this subsection.
A person to whom an attachment of earnings order is directed who makes an application under subsection (1) of this section shall not incur any liability for failing to comply with the order as regards any payments of the class or description specified by the application which are made by him to the defendant while the application, or any appeal in consequence thereof, is pending:Provided that this subsection shall not apply as regards such payments if the said person subsequently withdraws the application or, as the case may be, abandons the appeal.
Payment of money under attachment of earnings order
The court to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum to such person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order.
Any sums received by virtue of an attachment of earnings order by the court shall be deemed to be payments made by the defendant, so as to discharge first any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date) and secondly any costs incurred in proceedings relating to the maintenance order which were payable by the defendant when the attachment of earnings order was made or last varied.
Where earnings paid by Government or out of Consolidated Fund
In relation to earnings falling to be paid by the Government or out of the Consolidated Fund the earnings shall be treated as falling to be paid by the chief officer for the time being of the department, office or other body concerned.
If any question arises, in connection with any proceedings relating to an attachment of earnings order, as to what department, office or other body is concerned for the purposes of this section, or as to who for those purposes is the chief officer thereof, that question shall be referred to and determined by the Minister for Finance but the Minister for Finance shall not be under any obligation to consider a reference under this subsection unless it is made by a court.
A document purporting to set out a determination of the Minister for Finance under subsection (2) of this section and to be signed by an official of the Ministry of Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and deemed to contain an accurate statement of such a determination unless the contrary is shown.
Penalties for non-compliance with attachment of earnings order and for giving false notice or statement
Any person who —
fails to comply with subsection (1) or subsection (4) of section 74 of this Ordinance or an order of a court under subsection (1) of section 75 of this Ordinance; or
gives such a notice as is mentioned in subsection (4) of section 74 of this Ordinance or a statement in pursuance of an order of a court under subsection (1) of section 75 of this Ordinance, which notice or statement he knows to be false in a material particular; or
recklessly gives such a notice or statement which is false in a material particular,shall, subject to subsection (2) of this section, be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars or to both such imprisonment and fine.
It shall be a defence for a person charged with failing to comply with subsection (1) of section 74 of this Ordinance to prove that he took all reasonable steps to comply with the attachment of earnings order to which the failure relates.
Definitions
In this Part of this Ordinance, unless there is something repugnant in the subject or context —“the court” means the High Court or a judge thereof;“the Court of Appeal” means three or more judges sitting in court for the hearing of appeals from the High Court under the Courts Ordinance (Cap. 3);“marriage with another woman” means marriage of any person, being married, to any other person during the life of the former wife, whether the second marriage has taken place within Singapore or elsewhere;“desertion” implies an abandonment against the wish of the person charging it.
“the Court of Appeal” means three or more judges sitting in court for the hearing of appeals from the High Court under the Courts Ordinance (Cap. 3);
“marriage with another woman” means marriage of any person, being married, to any other person during the life of the former wife, whether the second marriage has taken place within Singapore or elsewhere;
“desertion” implies an abandonment against the wish of the person charging it.
Principles of law to be applied
Subject to the provisions contained in this Part of this Ordinance, the court shall in all suits and proceedings hereunder act and give relief on principles which in the opinion of the court are, as nearly as may be, conformable to the principles on which the High Court of Justice in England acts and gives relief in matrimonial proceedings.
Nothing herein shall authorize the court to make any decree of divorce except —
where the marriage has been registered or deemed to be registered under the provisions of this Ordinance; or
where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and
where the domicile of the parties to the marriage at the time when the petition is presented is in Singapore.
Nothing herein shall authorize the court to make any decree of nullity of marriage except —
where the marriage has been registered or deemed to be registered under the provisions of this Ordinance; or
where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and
where the marriage to which the decree relates was celebrated in Singapore.
Nothing herein shall authorize the court to make any decree of judicial separation or of restitution of conjugal rights except —
where the marriage has been registered or deemed to be registered under the provisions of this Ordinance; or
where the marriage between the parties was contracted under a law providing that, or in contemplation of which, the marriage is monogamous; and
where both the parties to the marriage reside in Singapore at the time of the commencement of proceedings.
Restriction on petitions for divorce during the first three years of marriage
No petition for divorce shall be presented to the court unless at the date of the presentation of the petition three years have passed since the date of the marriage:Provided that the court may, upon application being made in accordance with rules of court, allow a petition to be presented before three years have passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition, that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree nisi, do so subject to the condition that no application to make the decree absolute shall be made until after the expiration of three years from the date of the marriage, or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said three years upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.
In determining any application under this section for leave to present a petition before the expiration of three years from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said three years.
The court may before determining an application under this section, refer the differences between the parties to a Conciliation Officer so that a reconciliation between the parties might be effected.
Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which have occurred before the expiration of three years from the date of the marriage.
Grounds for divorce
Any husband may present a petition for divorce to the court praying that his marriage may be dissolved on the ground that his wife —
has since the solemnization thereof been guilty of adultery; or
has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or
has since the solemnization of the marriage treated the petitioner with cruelty; or
is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition.
Any wife may present a petition for divorce to the court praying that her marriage may be dissolved on the ground that her husband —
has since the solemnization thereof gone through a form of marriage with another woman; or
has since the solemnization of the marriage been guilty of adultery; or
has since the solemnization of the marriage been guilty of rape, sodomy or bestiality; or
has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or
has since the solemnization of the marriage treated the petitioner with cruelty; or
is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition.
Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.
For the purposes of paragraph (d) of subsection (1) and of paragraph (f) of subsection (2) of this section, a person of unsound mind shall be deemed to be under care and treatment —
while he is detained in pursuance of any order made or warrant issued under the Mental Disorders and Treatment Ordinance (Cap. 145) or is being confined in pursuance of an order under section 358 or section 363 of the Criminal Procedure Code (Cap. 132);
while he is receiving treatment as a voluntary patient under section 36 of the Mental Disorders and Treatment Ordinance, being treatment which follows without any interval a period of such detention as aforesaid;
while he is being detained in pursuance of any order for his detention or treatment as a person of unsound mind or a person suffering from mental illness, or while he is receiving treatment as a voluntary patient, which treatment follows without any interval a period of such detention as aforesaid, in a country where it is proved that he is receiving care and treatment according to standards which are substantially the same as those obtaining in respect of the care and treatment of patients suffering from mental illness in Singapore,and not otherwise.
The court may order that the evidence required to show that a person is receiving care and treatment in a country according to standards which are substantially the same as those obtaining in respect of the care and treatment of patients suffering from mental illness in Singapore may be given by affidavit on such conditions as the court may think reasonable.
Adulterer to be made co-respondent
Upon any such petition presented by a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from doing so on one of the following grounds, to be allowed by the court —
that the respondent is leading the life of a prostitute and that the petitioner knows of no person with whom the adultery has been committed;
that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it; or
that the alleged adulterer is dead.
Upon any such petition presented by a wife the court, if it sees fit, may order the person with whom the husband is alleged to have committed adultery to be made a respondent.
Duty of court on presentation of petition for divorce
On a petition for divorce it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged and whether there has been any connivance or condonation on the part of the petitioner and whether any collusion exists between the parties and also to inquire into any countercharge which is made against the petitioner.
If the court is satisfied on the evidence that —
the case for the petition has been proved; and
where the ground of the petition is adultery, the petitioner has not in any manner been accessory to, or connived at, or condoned the adultery, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty; and
the petition is not presented or prosecuted in collusion with the respondent or either of the respondents,the court shall pronounce a decree nisi of divorce but if the court is not satisfied with respect to any of the aforesaid matters, it shall dismiss the petition:Provided that the court shall not be bound to pronounce a decree of divorce and may dismiss the petition if it finds that the petitioner has during the marriage been guilty of adultery or if, in the opinion of the court, the petitioner has been guilty —
of unreasonable delay in presenting or prosecuting the petition; or
of cruelty towards the other party to the marriage; or
where the ground of the petition is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse wilfully separated himself or herself from the other party before the adultery or cruelty complained of; or
where the ground of the petition is adultery or unsoundness of mind or desertion, of such wilful neglect or misconduct as has conduced to the adultery or unsoundness of mind or desertion.
Condonation of adultery
No adultery shall be deemed to have been condoned within the meaning of this Part of this Ordinance unless conjugal cohabitation has been continued or resumed.
Grant of relief to respondent, if petition opposed
In any suit instituted for divorce, if the respondent opposes the relief sought on the ground of the adultery, cruelty or desertion without reasonable excuse of the petitioner, the court may in such suit give the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief.
Divorce proceedings after grant of judicial separation
A person shall not be prevented from presenting a petition for divorce, or the court from pronouncing a decree of divorce, by reason only that the petitioner has at any time been granted a judicial separation upon the same or substantially the same facts as those proved in support of the petition for divorce.
On any such petition for divorce, the court may treat the decree of judicial separation as sufficient proof of the adultery, desertion, or other ground on which it was granted, but the court shall not pronounce a decree of divorce without receiving evidence from the petitioner.
For the purposes of any such petition for divorce a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree has been continuously in force since the granting thereof, be deemed immediately to precede the presentation of the petition for divorce.
Proceedings for decree nisi of presumption of death and divorce
Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make a decree nisi of presumption of death and of divorce.
In any such proceedings the fact that for a period of seven years or upwards the other party to the marriage has been continually absent from the petitioner, and the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved.
Sections 95 and 123 of this Ordinance shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.
Petition for nullity of marriage
Any husband or wife may present a petition to the court praying that his or her marriage may be declared null and void.
Grounds of decree
A decree of nullity of marriage may be made on any of the following grounds: —
that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;
that the parties are within the prohibited degrees of consanguinity or affinity, whether natural or legal;
that either party was of unsound mind at the time of the marriage;
that the former husband or wife of either party was living at the time of the marriage and the marriage with such former husband or wife was then in force;
that the consent of either party to the marriage was obtained by force or fraud in any case in which the marriage might be annulled on this ground by the law of England;
that the marriage is invalid by the law of the place in which it was celebrated;
that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage;
that either party to the marriage was at the time of the marriage of unsound mind or subject to recurrent fits of insanity or epilepsy;
that the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or
that the respondent was at the time of the marriage pregnant by some person other than the petitioner:Provided that, in the cases specified in paragraphs (h), (i) and (j) of this subsection, the court shall not grant a decree unless it is satisfied —
that the petitioner was at the time of the marriage ignorant of the facts alleged;
that proceedings were instituted within a year from the date of the marriage; and
that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
For the removal of doubts, it is hereby declared that in the case of a marriage celebrated under the provisions of the Christian Marriage Ordinance (Cap. 37), or of the Civil Marriage Ordinance (Cap. 38) or of this Ordinance, paragraph (d) of subsection (1) of this section shall apply where the former husband or wife was a husband or wife by virtue of a marriage contracted under either a monogamous or a polygamous system of marriage law.
Any child born of a marriage avoided pursuant to paragraph (h) or (i) of subsection (1) of this section shall be a legitimate child of the parties thereto notwithstanding that the marriage is so avoided.
Nothing in this section shall be construed as validating any marriage which is by law void, but with respect to which a decree of nullity has not been granted.
Decree of nullity
On a petition for nullity of marriage if the court finds that the petitioner’s case has been proved, it shall pronounce a decree nisi declaring the marriage to be null and void.
Children of annulled marriage
Where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree nisi is made shall be specified in the decree and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.
When decree nisi to be made absolute
A decree nisi for divorce or for nullity of marriage may be made absolute after the expiration of such time, not less than three months from the pronouncing thereof, as is prescribed or as is fixed by the court in any suit.
During that period any party may, in such manner as is prescribed or as is directed by the court in any suit, show cause why the decree nisi should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the court.
At any time during the progress of the suit or before the decree is made absolute any person may give information to the State Advocate-General of any matter material to the due decision of the case or affecting the jurisdiction of the court, who may thereupon take such steps as he deems necessary or expedient.
If from any such information or otherwise the State Advocate-General suspects that any parties to the suit are or have been acting in collusion for the purpose of obtaining a decree of divorce or of nullity of marriage contrary to the justice of the case, or that material facts have not been brought before the court, he may intervene in the suit and show cause why the decree nisi should not be made absolute.
On cause being so shown, the court shall make the decree absolute, or reverse the decree nisi, or require further inquiry or otherwise deal with the case as justice demands.
The court may order the costs arising from such cause being shown and from such intervention, including the costs of the State Advocate-General, to be paid by the parties or such one or more of them, including a wife if she has separate property, as it thinks fit.
Where a decree nisi has been obtained, and no application for the decree to be made absolute has been made by the party who obtained the decree, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom the decree nisi has been granted shall be at liberty to apply to the court and the court shall, on such application, have power to make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit.
Grounds for judicial separation
A petition for judicial separation may be presented to the court either by the husband or the wife on any grounds on which a petition for divorce might have been presented, or on the ground of failure to comply with a decree of restitution of conjugal rights and the provisions of section 86 of this Ordinance relating to the duty of the court on the presentation of a petition for divorce, and the circumstances in which such a petition shall or may be granted or dismissed, shall apply in like manner to a petition for judicial separation.
A decree of judicial separation shall have the effect of a divorce a mensa et thoro under the existing law and such other legal effect as is hereinafter mentioned.
Property of wife after judicial separation
The property of a wife who at the time of her death is judicially separated from her husband shall, in case she dies intestate, go as it would have gone if her husband had been then dead.
Where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife and the same is not duly paid by the husband he shall be liable for necessaries supplied for her use.
Nothing in this Part of this Ordinance shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.
Decree of judicial separation obtained during the absence of husband or wife may be reversed
Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to the court praying for a reversal of such decree on the ground that it was obtained in his or her absence and that there was reasonable excuse for the alleged desertion where desertion was the ground of such decree.
The court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly.
Petition for restitution of conjugal rights
When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, either wife or husband may apply by petition to the court for restitution of conjugal rights.
The court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Answer to petition
Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which would not be a ground for a suit for judicial separation.
Periodical payments in lieu of attachment
A decree of restitution of conjugal rights shall not be enforced by attachment.
Where the application is by the wife the court may, at the time of making such decree or at any time afterwards, order that, in the event of such decree not being complied with within any time in that behalf limited by the court, the respondent shall make to the petitioner such periodical payments as are just.
The court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife such periodical payments, and for that purpose may refer the matter to the Registrar of the Supreme Court or to some advocate and solicitor to settle and approve of a proper deed or instrument to be executed by all necessary parties.
Settlement of wife’s property
Where the application for restitution of conjugal rights is by the husband, if it is made to appear to the court that the wife is entitled to any property, either in possession or reversion, or is in receipt of any profits of trade or earnings, the court may, if it thinks fit, order a settlement to be made to the satisfaction of the court of such property or any part thereof for the benefit of the petitioner and of the children of the marriage or either or any of them, or may order such part as the court thinks reasonable of such profits of trade or earnings to be periodically paid by the respondent to the petitioner for his own benefit, or to the petitioner or any other person for the benefit of the children of the marriage or either or any of them.
Power to vary orders
The court may vary or modify any order for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again revive the same order wholly or in part, as the court thinks just.
Non-compliance with decree deemed to be desertion
If the respondent fails to comply with a decree of the court for restitution of conjugal rights, such respondent shall thereupon be deemed to have been guilty of desertion without reasonable cause and a suit for judicial separation may forthwith be instituted, and a decree of judicial separation may be pronounced although the period of two years has not elapsed since the failure to comply with the decree for restitution of conjugal rights.
Husband may claim damages from adulterer
Any husband may, either in a petition for divorce or for judicial separation or in a petition to the court limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such petitioner.
Such petition shall be served on the alleged adulterer and the wife, unless the court dispenses with such service or directs some other service to be substituted.
The damages to be recovered on any such petition shall be ascertained by the said court, although the respondents or either of them may not appear.
After the decision has been given the court may direct in what manner such damages shall be paid or applied.
Costs against co-respondent
Whenever in any petition presented by a husband the alleged adulterer has been made a co-respondent and the adultery has been established, the court may order the co-respondent to pay the whole or any part of the costs of the proceedings.
The co-respondent shall not be ordered to pay the petitioner’s costs —
if the respondent was at the time of the adultery living apart from her husband and leading the life of a prostitute; or
if the co-respondent had not at the time of the adultery reason to believe the respondent to be a married woman.
Alimony pendente lite
In any suit under this Part of this Ordinance, whether it is instituted by a husband or a wife, the wife may present a petition for alimony pending the suit.
Such petition shall be served on the husband, and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it deems just.
Alimony pending the suit shall in no case exceed one-fifth of the husband’s average net income for the three years next preceding the date of the order, and shall continue, in the case of a decree for divorce, until the decree is made absolute.
Permanent alimony
On any decree absolute for divorce or for nullity of marriage, or on any decree of judicial separation obtained by a wife, the court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money or such annual sum of money for any term not exceeding her life as, having regard to her fortune, if any, to the ability of the husband and to the conduct of the parties, it deems reasonable, and for that purpose may refer the matter to the Registrar of the Supreme Court or to some advocate and solicitor to settle and approve of a proper deed or instrument to be executed by all necessary parties, and the court may, if it thinks fit, suspend the pronouncing of its decree until such deed or instrument has been duly executed.
In any such case the court may, if it thinks fit, make an order on the husband for payment to the wife during their joint lives of such monthly sum for her maintenance and support as the court thinks reasonable, and any such order may be made either in addition to or instead of an order under subsection (1) of this section.
If the husband afterwards from any cause becomes unable to make such payments, the court may discharge or modify the order or temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again revive the order wholly or in part as the court thinks fit.
Where the court has made any such order as is mentioned in subsection (2) or (3) of this section, and the court is satisfied that the means of the husband have increased, the court may, if it thinks fit, increase the amount payable under the order.
Court may direct payment of alimony to wife or to her trustee
In all cases in which the court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved of by the court, and may impose any terms or restrictions which to the court seem expedient, and may from time to time appoint a new trustee if it appears to the court expedient so to do.
Settlement of the wife’s property
When a decree of divorce or of judicial separation on account of the adultery, desertion or cruelty of the wife is pronounced, and when the wife is entitled to any property, the court may order such settlement as it thinks reasonable to be made of such property, or any part thereof, for the benefit of the husband or of the children of the marriage, or of both.
Any instrument executed pursuant to any order of the court at the time of or after the pronouncing of a decree of divorce or judicial separation shall be deemed valid notwithstanding the existence of the disability of coverture at the time of the execution thereof.
The court may direct that the whole or any part of the damages recovered under section 105 of this Ordinance shall be settled for the benefit of the children of the marriage or as a provision for the maintenance of the wife.
Inquiry into existence of ante-nuptial or post-nuptial settlements
After a decree absolute for divorce or for nullity of marriage has been pronounced, the court may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children, if any, of the marriage, or of both children and parents, as to the court seems fit.
The court shall not make any order for the benefit of the parents or either of them at the expense of the children.
Powers of the court as to settlements
Where the court has power to direct any property to be settled, or to vary the terms of an existing settlement, it may —
appoint trustees;
order the necessary instruments to be prepared containing such provisions as it thinks fit;
order all necessary parties to execute the same;
from time to time appoint new trustees; and
do all such other acts as it deems necessary for carrying such directions into effect.
Custody of children
In any suit for divorce, or for nullity of marriage, or for judicial separation, or for restitution of conjugal rights, the court may; at any stage of the proceedings, or after a decree absolute has been pronounced, make such orders as it thinks fit with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may vary or discharge the said orders, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the court.
The court may, if it thinks fit, on any decree of divorce or nullity of marriage, order the husband, or (in the case of a petition for divorce by a wife on the ground of her husband’s insanity) order the wife, to secure for the benefit of the children such gross sum of money or annual sum of money as the court may deem reasonable, and the court may for that purpose order that it shall be referred to the Registrar of the Supreme Court or to some advocate and solicitor to settle and approve a proper deed or instrument to be executed by all necessary parties:Provided that the term for which any sum of money is secured for the benefit of a child shall not extend beyond the date when the child will attain the age of twenty-one years.
Proceedings for maintenance, settlement of property, etc
When a petition for divorce or nullity of marriage has been presented, proceedings under sections 107, 108, 110 and 113 of this Ordinance may, subject to and in accordance with rules of court, be commenced at any time after the presentation of the petition:Provided that no order under any of the said sections (other than an interim order for the payment of alimony under section 107 of this Ordinance) shall be made unless and until a decree nisi has been pronounced, and no such order, save in so far as it relates to the preparation, execution, or approval of a deed or instrument and no settlement made in pursuance of any such order, shall take effect unless and until the decree is made absolute.
Sections 107 and 108 of this Ordinance shall apply in any case where a petition for divorce or judicial separation is presented by the wife on the ground of her husband’s insanity as if for the references to the husband there were substituted references to the wife, and for the references to the wife there were substituted references to the husband, and in any such case and in any case where a petition for divorce, nullity of marriage, or judicial separation, is presented by the husband on the ground of his wife’s insanity, the court may order the payments of alimony or maintenance under the said sections to be made to such persons having charge of the respondent as the court may direct.
Procedure
Subject to the provisions contained in this Part of this Ordinance, all proceedings under this Part of this Ordinance shall be regulated by the Rules of the Supreme Court.
Contents of petition
Every petition shall state the facts on which the claim is based and also all such facts as affect the jurisdiction of the court under section 82 of this Ordinance, and shall be verified by affidavit, and may at the hearing be referred to as evidence.
Petitions for divorce, or for nullity of marriage, or for judicial separation shall state that there is not any collusion or connivance between the petitioner and the respondent.
Service of petition
Service out of the jurisdiction of any petition under this Part of this Ordinance may be allowed by the court and service shall be effected, as nearly as may be, in the manner in which service of a writ of summons is to be effected under the Rules of the Supreme Court.
The court may dispense with such service altogether if it seems necessary or expedient to do so.
Evidence
In suits under this Part of this Ordinance the parties and the husbands and wives of such parties shall be competent and compellable to give evidence.
No witness whether a party to the suit or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same suit in disproof of his or her alleged adultery.
Sittings in camera
The whole or any part of any proceeding under this Part of this Ordinance may be heard, if the court thinks fit, in camera.
Adjournment
The court may adjourn the hearing of any petition under this Part of this Ordinance, and may require further evidence thereon if it sees fit so to do.
Enforcement of orders
All decrees and orders made by the court in proceedings under this Part of this Ordinance shall be enforced, and may be appealed from, as if they were decrees or orders made by the court in the exercise of its original civil jurisdiction.
In suits for divorce or for nullity of marriage no respondent or co-respondent not appearing and defending the suit on the occasion of the decree nisi being made shall appeal against the decree being made absolute unless the court gives leave to appeal at the time of the decree being made absolute.
No appeal from any order absolute for divorce, or for nullity of marriage, shall lie in favour of any party who, having had time and opportunity to appeal from the decree nisi, has not appealed therefrom.
Appeal to Queen in Council
Subject to such rules as are made from time to time by Her Majesty in Council regarding appeals to Her Majesty in Council, any person may appeal to Her Majesty in Council from any decree or order under this Part of this Ordinance made by the Court of Appeal if the Court of Appeal declares that the case is a fit one for appeal.
Liberty to parties to re-marry
When the time limited for appealing, whether to the Court of Appeal or to Her Majesty in Council, against a decree absolute of divorce or of nullity of marriage has expired, and no appeal has been presented against such decree, or when any such appeal has been dismissed, but not sooner, the respective parties may marry again as if the prior marriage had been dissolved by death.
Power to allow intervention on terms
In any case in which any person is charged with adultery with any party to a suit, or in which the court considers, in the interest of any person not already a party to the suit, that such person should be made a party to the suit, the court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the court thinks just.
Suits for criminal conversation abolished
No person competent to present a petition under sections 82 and 84 of this Ordinance shall maintain a suit for criminal conversation with his wife.
Additional jurisdiction in proceedings by a wife
Notwithstanding anything to the contrary in section 82 of this Ordinance the court shall have jurisdiction to entertain proceedings by a wife under this Part of this Ordinance, although the husband is not domiciled in Singapore if —
the wife has been deserted by the husband, or the husband has been deported from Singapore under any law for the time being in force relating to the deportation of persons, and the husband was before the desertion or deportation domiciled in Singapore; or
the wife is resident in Singapore and has been ordinarily resident in Singapore for a period of three years immediately preceding the commencement of the proceedings.
In any proceedings in which the High Court has jurisdiction by virtue of this section, the issues shall be determined in accordance with the law which would be applicable thereto if the parties were domiciled in Singapore.
In this section references to deportation from Singapore shall be construed as including banishment or expulsion under the Banishment Ordinance (Cap. 127).
Power to make rules
The judges of the Supreme Court, or any three of them, of whom the Chief Justice shall be one, may make rules to fix and regulate the fees and costs payable upon all proceedings in suits under this Part of this Ordinance, and also rules concerning the practice and procedure under this Part of this Ordinance as they consider expedient.
Such rules may prescribe the forms to be used in proceedings under this Part of this Ordinance.
A copy of such rules made by the judges under this Part of this Ordinance, certified under the hand of the Chief Justice, shall be transmitted by the Chief Justice to the Yang di-Pertuan Negara, to be presented to the Legislative Assembly.
All such rules shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of one month from the date when such rules are so presented annulling the rules or any part thereof as from a specified date, such rules or such part thereof as the case may be shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.
Rules
Subject to the provisions of section 127 of this Ordinance the Minister may make rules generally for carrying out the provisions of this Ordinance and without prejudice to such general powers may make rules providing for —
the forms to be used for the purposes of this Ordinance;
the practice and procedure for the keeping of registers of marriages and certificates of marriage;
the supply and custody of registers and certificates;
the preparation and submission of returns under this Ordinance;
the making of searches and the giving of certified copies;
the care, detention, discipline, discharge and aftercare, temporary absence, maintenance, and education of women and girls detained under Part X of this Ordinance;
the manner and conditions in and under which the powers conferred by Part X of this Ordinance shall be exercised by the persons on whom such powers are conferred;
the composition, duties, functions and procedure of Boards of Visitors and Discharge Committees;
the administration of the Po Leung Kuk Fund;
the procedure for appeals to the Minister; and
matters required to be prescribed under this Ordinance.
All rules made under this Ordinance shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of one month from the date when such rules are so presented annulling the rules or any part thereof as from a specified date, such rules or such part thereof, as the case may be, shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.
Any person who contravenes or fails to comply with any rules Made under this Ordinance shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars, or to both such imprisonment and fine.
Marriages solemnized in Singapore prior to 2nd March, 1961, deemed to be registered under this Ordinance
Nothing in this Ordinance shall affect the validity of any marriages solemnized under any law, religion, custom or usage prior to the 2nd day of March 1961.
Such marriages if valid under the law, religion, custom or usage under which they were solemnized shall be deemed to be registered under the provisions of this Ordinance for the purposes of Part IX of this Ordinance.
Repeal
The following Ordinances are hereby repealed: —
the Christian Marriage Ordinance (Cap. 37);
the Civil Marriage Ordinance (Cap. 38);
the Deceased Wife’s Sister’s Marriage Ordinance (Cap. 39);
the Divorce Ordinance (Cap. 40);
the Married Women and Children (Maintenance) Ordinance (Cap. 44);
the Married Women’s Property Ordinance (Cap. 45);
the Women and Girls Protection Ordinance (Cap. 126); and
the Maintenance (Facilities for Enforcement) Ordinance, 1959 (Ord. 63 of 1959).
Kindred and Affinity
FIRST SCHEDULE(Section 10).Kindred and AffinityPart IProhibited Degrees by RelationshipMother. Father.Daughter. Son.Father’s mother. Father’s father.Mother’s mother. Mother’s father.Son’s daughter. Son’s son.Daughter’s daughter. Daughter’s son.Sister. Brother.Wife’s mother. Husband’s father.Wife’s daughter. Husband’s son.Father’s wife. Mother’s husband.Son’s wife. Daughter’s husband.Father’s father’s wife. Father’s mother’s husband.Mother’s father’s wife. Mother’s mother’s husband.Wife’s father’s mother. Husband’s father’s father.Wife’s mother’s mother. Husband’s mother’s father.Wife’s son’s daughter. Husband’s son’s son.Wife’s daughter’s daughter. Husband’s daughter’s son.Son’s son’s wife. Son’s daughter’s husband.Daughter’s son’s wife. Daughter’s daughter’s husband.Father’s sister. Father’s brother.Mother’s sister. Mother’s brother.Brother’s daughter. Brother’s son.Sister’s daughter. Sister’s son.Part IIExceptions from Prohibited Degrees of RelationshipDeceased wife’s sister. Deceased sister’s husband.Deceased brother’s wife. Deceased husband’s brother.Deceased wife’s brother’s daughter. Father’s deceased sister’s husband.Deceased wife’s sister’s daughter. Mother’s deceased sister’s husband.Father’s deceased brother’s wife. Deceased husband’s brother’s son.Mother’s deceased brother’s wife. Deceased husband’s sister’s son.Deceased wife’s father’s sister. Brother’s deceased daughter’s husband.Deceased wife’s mother’s sister. Sister’s deceased daughter’s husband.Brother’s deceased son’s wife. Deceased husband’s father’s brother.Sister’s deceased son’s wife. Deceased husband’s mother’s brother.
Consents Required to the Marriage of A Minor
SECOND SCHEDULE(Sections 12 and 16).Consents Required to the Marriage of A MinorI. Where the Minor Is LegitimateCircumstances. Person or Persons whose consent is required.
1. Where both parents are living: (a) if parents living together: both parents;
if parents are divorced or separated by order of court or by agreement: the parent to whom the custody of the minor is committed by order of any court or by the agreement, or, if the custody of the minor is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents;
if one parent has been deserted by the other: the parent who has been deserted;
if both parents deprived of custody of minor by order of court: the person to whose custody the minor is committed by order of the court.
2. Where one parent is dead: (a) if there is no other guardian: the surviving parent;
if a guardian has been appointed by the deceased parent: the surviving parent and the guardian if acting jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of the minor.
3. Where both parents are dead: the guardians or guardian appointed by the deceased parents or by the court under the Guardianship of Infants Ordinance.Ii. Where the Minor Is IllegitimateCircumstances. Person whose consent is required.If the mother of the minor is alive: the mother, or if she has by order of the court been deprived of the custody of the minor, the person to whom the custody of the minor has been committed by order of the court.If the mother of the minor is dead: the guardian appointed by the mother, or by the court.