Singapore - Constitution
{
Adopted on: 16 Sep 1963 }
{ ICL Document Status: 24
March 1995 }
Article
1 Citation
This Constitution may be cited as the
Constitution of the Republic of Singapore.
Article
2 Interpretation
(1) In this Constitution, unless it is
otherwise provided or the context otherwise requires,
-
"Cabinet" means the Cabinet constituted under this
Constitution;
- "Civil List" means the provision made
under Article 22j
for the maintenance of the President;
- "citizen of
Singapore" means any person who, under the provisions of this
Constitution, has the status of a citizen of Singapore;
-
"commencement", used with reference to this
Constitution, means the day on which this Constitution comes into
operation;
- "Consolidated Fund" means the
Consolidated Fund established by this Constitution;
- "Council
of Presidential Advisers" means the Council of Presidential
Advisers constituted under Part V;
-
"existing law" means any law having effect as part of
the law of Singapore immediately before the commencement of this
Constitution;
- "Government" means the Government of
Singapore;
- "Judge of the Supreme Court" includes
the Chief Justice, a Judge of Appeal, and a Judge of the High
Court;
- "law" includes written law and any
legislation of the United Kingdom or other enactment or instrument
whatsoever which is in operation in Singapore and the common law
in so far as it is in operation in Singapore and any custom or
usage having the force of law in Singapore;
- "Legal
Service Commission" means the Legal Service Commission
constituted under this Constitution;
- "Legislature"
means the Legislature of Singapore;
- "Minister"
means a Minister appointed under this Constitution;
- "office
of profit" means, subject to clause (5), any whole time
office in the public service;
- "Parliament" means
the Parliament of Singapore;
- "President" means the
President of Singapore elected under this Constitution and
includes any person for the time being exercising the functions of
the office of President;
- "Presidential Elections
Committee" means the Presidential Elections Committee
constituted under Article 18;
-
"Prime Minister" means the Prime Minister of Singapore
appointed under this Constitution;
- "public office"
means, subject to clause (5), an office of emolument in the public
service;
- "public officer" means the holder of any
public office;
- "public seal" means the public seal
of Singapore;
- "public service" means service under
the Government;
- "Public Service Commission" means
the Public Service Commission constituted under this
Constitution;
- "register of electors" means any
register of electors prepared under the provisions of any written
law for the time being in force relating to Parliamentary
elections;
- "remuneration", in respect of any public
officer, means only
the emoluments of that officer, the whole
or any part of which count for pension in accordance with the
provisions of any law relating to the grant of pensions in respect
of the public service;
- "reserves", in relation to
the Government, a statutory board or Government company, means the
excess of assets over liabilities of the Government, statutory
board or Government company, as the case may be;
- "session"
means the sittings of Parliament commencing when it first meets
after being constituted, or after its prorogation or dissolution
at any time, and terminating when Parliament is prorogued or is
dissolved without having been prorogued;
- "Singapore"
means the Republic of Singapore;
- "sitting" means a
period during which Parliament is sitting continuously without
adjournment, including any period during which Parliament is in
committee;
- "Speaker" and "Deputy Speaker"
mean, respectively, the Speaker and a Deputy Speaker of
Parliament;
- "term of office", in relation to the
Government, means the period --
(a) commencing on the date the
Prime Minister and Ministers first take and subscribe the Oath of
Allegiance in accordance with Article 27
after a general election; and
(b) ending after the next general
election on the date immediately before the Prime Minister and
Ministers first take and subscribe the Oath of Allegiance in
accordance with Article 27;
-
"terms of service", in respect of any officer, includes
the remuneration to which that officer is entitled by virtue of
his office, and any pension, gratuity or other like allowance
payable to or in respect of that officer;
- "written law"
means this Constitution and all Acts and Ordinances and subsidiary
legislation for the time being in force in Singapore.
(2)
Except where this Constitution otherwise provides or where the
context otherwise requires --
(a) the person or authority
having power to make substantive appointments to any public office
may appoint a person to perform the functions of that office
during any period when it is vacant or when the holder thereof is
unable (whether by reason of absence or infirmity of body or mind
or any other cause) to perform those functions;
(b) every
appointment to perform the functions of an office made under
paragraph (a) shall be made in the same manner as and subject to
the same conditions as apply to a substantive appointment to that
office;
(c) any reference in this Constitution to the holder of
any office by the term designating his office shall be construed
as including a reference to any person for the time being lawfully
performing the functions of that office; and
(d) any reference
in this Constitution to an appointment to any office shall be
construed as including a reference to an appointment to perform
the functions of that office.
(3) Where in this Constitution
power is conferred on any person or authority to appoint a person
to perform the functions of any office if the holder thereof is
unable himself to perform its functions, any such appointment
shall not be called in question on the ground that the holder of
that office was not unable to perform those functions.
(4) For
the purposes of this Constitution, the resignation of a member of
any body or the holder of any office constituted by this
Constitution that is required to be addressed to any person shall
be deemed to have effect from the time that it is received by that
person: Provided that, in the case of a resignation that is
required to be addressed to the Speaker, the resignation shall, if
the office of Speaker is vacant or the Speaker is absent from
Singapore, be deemed to have effect from the time that it
is
received by a Deputy Speaker on behalf of the Speaker.
(5)
For the purposes of this Constitution, a person shall not be
considered as holding a public office or an office of profit by
reason of the fact that he is in receipt of any remuneration or
allowances (including a pension or other like allowance) in
respect of his tenure of the office of President, Prime Minister,
Chief Justice, Speaker, Deputy Speaker, Minister, Parliamentary
Secretary, Political Secretary,.Member of Parliament, Ambassador,
High Commissioner or such other office as the President may, from
time to time, by order, prescribe.
(6)(a) Without prejudice to
clause (2) when the holder of any public office is on leave of
absence pending relinquishment of that office, the person or
authority having power to make appointments to that office may
appoint another person thereto.
(b) Where two or more persons
are holding the same office by reason of an appointment made
pursuant to paragraph (a), the person last appointed shall, in
respect of any function conferred on the holder of that office, be
deemed to be the sole holder of that office.
(7) Where a person
is required by this Constitution to take an oath, he shall be
permitted, if he so desires, to comply with that requirement by
making an affirmation.
(8) References in this Constitution to
any period shall, so far as the context admits, be construed as
including references to a period beginning before the commencement
of this Constitution.
(9) Subject to this article, the
Interpretation Act shall apply for the purpose of interpreting
this Constitution and otherwise in relation thereto as it applies
for the purpose of interpreting and otherwise in relation to any
written law within the meaning of that Act.
(10) Unless the
context otherwise requires, any reference in this Constitution to
a specified Part, Article, or Schedule is a reference to that Part
or Article of, or that Schedule to, this Constitution; any
reference to a specified chapter, clause, section or paragraph is
a reference to that chapter of the Part, that clause of the
Article, that section of the Schedule, or that paragraph of the
clause or section, in which the reference occurs; and any
reference to a group of Articles, sections or divisions of
Articles or sections shall be construed as including both the
first and the last member of the group referred to.
Part II The Republic and the Constitution
Article
3 Republic of Singapore
Singapore shall be a sovereign
republic to be known as the Republic of Singapore.
Article
4 Supremacy of the Constitution
This Constitution is the
supreme law of the Republic of Singapore and any law enacted by
the Legislature after the commencement of this Constitution which
is inconsistent with this Constitution shall. to the extent of the
inconsistency, be void.
Article
5 Amendment of the Constitution
(1) Subject to this
article and Article 8,
the provisions of this Constitution may be amended by a law
enacted by the Legislature.
(2) A Bill seeking to amend any
provision in this Constitution shall not be passed by Parliament
unless it has been supported on Second and Third Readings by the
votes of not less than two-thirds of the total number of the
elected Members of Parliament referred to in Article 39
(1)(a).
(2a) Unless the President, acting in his
discretion, otherwise directs the Speaker in writing, a Bill
seeking to amend this clause, Articles 17
to 22, 22a
to 22o, 35,
65,
66,
69,
70, 93a,
94, 95, 105,
107, 110a,
110b, 151
or any provision in Part IV
or XI
shall not be passed by Parliament unless it has been supported at
a national referendum by not less than two-thirds of the total
number of votes cast by the electors registered under the
Parliamentary Elections Act.
(3) In this article, "amendment"
includes addition and repeal.
Part III Protection of the Sovereignty
Article
6 No Surrender of Sovereignty
(1) There shall be
(a)
no surrender or transfer, either wholly or in part, of the
sovereignty of the Republic of Singapore as an independent nation,
whether by way of merger or incorporation with any other sovereign
state or with any Federation, Confederation, country or territory
or in any other manner whatsoever; and
(b) no relinquishment of
control over the Singapore Police Force or the Singapore Armed
Forces, unless such surrender, transfer or relinquishment has been
supported, at a national referendum, by not less than two-thirds
of the total number of votes cast by the electors registered under
the Parliamentary Elections Act.
(2) For the purposes of this
article
- "Singapore Armed Forces" means the
Singapore Armed Forces raised and maintained under the Singapore
Armed Forces Act, and includes any civil defence force formed
under the Civil Defence Act and such other force as the President
may, by notification in the Gazette, declare to be an armed force
for the purposes of this article;
- "Singapore Police
Force" means the Singapore Police Force and the Special
Constabulary established under the Police Force Act and any
Auxiliary Police Force created in accordance with Part X of that
Act, and includes the Vigilante Corps established under the
Vigilante Corps Act and such other force as the President may, by
notification in the Gazette, declare to be a police force for the
purposes of this article.
Article
7 Participation in Co-operative International Schemes
Without
in any way derogating from the force and effect of Article 6,
nothing in that Article shall be construed as precluding Singapore
or any association, body or organization therein from
(a)
participating or co-operating in, or contributing towards, any
scheme, venture, project, enterprise or undertaking of whatsoever
nature, in conjunction or in concert with any other sovereign
state or with any Federation, Confederation, country or countries
or any association, body or organization therein, where such
scheme, venture, project, enterprise or undertaking confers, has
the effect of conferring or is intended to confer, on Singapore or
any association, body or organization therein, any economic,
financial, industrial, social, cultural, educational or other
benefit of any kind or is, or appears to be, advantageous in any
way to Singapore or any association, body or organization therein;
or
(b) entering into any treaty, agreement, contract, pact or
other arrangement with any other sovereign state or with any
Federation, Confederation, country or countries or any
association, body or organization therein, where such treaty,
agreement, contract, pact or arrangement provides for mutual or
collective security or any other object or purpose whatsoever
which is, or appears to be, beneficial or advantageous to
Singapore in any way.
Article
8 Amendments by Two-thirds Majority
(1) A Bill for
making an amendment to this Part shall not be passed by Parliament
unless it has been supported, at a national referendum, by not
less than two-thirds of the total number of votes cast by the
electors registered under the Parliamentary Elections Act.
(2)
In this article, "amendment" includes addition and
repeal.
Article
9 Liberty of the Person
(1) No person shall be deprived
of his life or personal liberty save in accordance with law.
(2)
Where a complaint is made to the High Court or any Judge thereof
that a person is being unlawfully detained, the Court shall
inquire into the complaint and, unless satisfied that the
detention is lawful, shall order him to be produced before the
Court and release him.
(3) Where a person is arrested, he shall
be informed as soon as may be of the grounds of his arrest and
shall be a!lowed to consult and be defended by a legal
practitioner of his choice.
(4) Where a person is arrested and
not released, he shall, without unreasonable delay, and in any
case within 48 hours (excluding the time of any necessary
journey), be produced before a magistrate and shall not be further
detained in custody without the magistrate's authority.
(5)
Clauses (3) and (4) shall not apply to an enemy alien or to any
person arrested for contempt of Parliament pursuant to a warrant
issued under the hand of the Speaker.
(6) Nothing in this
article shall invalidate any law
(a) in force before 16 Sep
1963 which authorizes the arrest and detention of any person in
the interests of public safety, peace and good order; or
(b)
relating to the misuse of drugs or intoxicating substances which
authorizes the arrest and detention of any person for the purpose
of treatment and rehabilitation, by reason of such law being
inconsistent with clauses (3) and (4), and, in particular, nothing
in this article shall affect the validity or operation of any such
law before 10 March 1978.
Article
10 Slavery and Forced Labor Prohibited
(1) No person
shall be held in slavery.
(2) All forms of forced labor are
prohibited, but Parliament may by law provide for compulsory
service for national purposes.
(3) Work incidental to the
serving of a sentence of imprisonment imposed by a court of law
shall not be taken to be forced labor within the meaning of this
article.
Article
11 Protection Against Retrospective Criminal Laws and Repeated
Trials
(1) No person shall be punished for an act or
omission which was not punishable by law when it was done or made,
and no person shall suffer greater punishment for an offence than
was prescribed by law at the time it was committed.
(2) A
person who has been convicted or acquitted of an offence shall not
be tried again for the same offence except where the conviction or
acquittal has been quashed and a retrial ordered by a court
superior to that by which he was convicted or acquitted.
Article
12 Equality
(1) All persons are equal before the law
and entitled to the equal protection of the law.
(2) Except as
expressly authorized by this Constitution, there shall be no
discrimination against citizens of Singapore on the ground only of
religion, race, descent or place of birth in any law or in the
appointment to any office or employment under a
public
authority or in the administration of any law relating to the
acquisition, holding, or disposition of property or the
establishing or carrying on of any trade, business, profession,
vocation or employment.
(3) This article does not invalidate or
prohibit
(a) any provision regulating personal law; or
(b)
any provision or practice restricting office or employment
connected with the affairs of any religion, or of an institution
managed by a group professing any religion, to persons professing
that religion.
Article
13 Prohibition of Banishment and Freedom of Movement
(1)
No citizen of Singapore shall be banished or excluded from
Singapore.
(2) Subject to any law relating to the security of
Singapore or any part thereof, public order, public health or the
punishment of offenders, every citizen of Singapore has the right
to move freely throughout Singapore and to reside in any part
thereof.
Article
14 Freedom of Speech, Assembly, and Association
(1)
Subject to clauses (2) and (3)
(a) every citizen of Singapore
has the right to freedom of speech and expression;
(b) all
citizens of Singapore have the right to assemble peaceably and
without arms; and
(c) all citizens of Singapore have the right
to form associations.
(2) Parliament may by law impose
(a)
on the rights conferred by clause (1)(a), such restrictions as it
considers necessary or expedient in the interest of the security
of Singapore or any part thereof, friendly relations with other
countries, public order or morality and restrictions designed to
protect the privileges of Parliament or to provide against
contempt of court, defamation or incitement to any offence;
(b)
on the right conferred by clause (1)(b), such restrictions as it
considers necessary or expedient in the interest of the security
of Singapore or any part thereof or public order; and
(c) on
the right conferred by clause (1)(c), such restrictions as it
considers necessary or expedient in the interest of the security
of Singapore or any part thereof, public order or morality.
(3)
Restrictions on the right to form associations conferred by clause
(1)(c) may also be imposed by any law relating to labor or
education.
Article
15 Freedom of Religion
(1) Every person has the right
to profess and practice his religion and to propagate it.
(2)
No person shall be compelled to pay any tax the proceeds of which
are specially allocated in whole or in part for the purposes of a
religion other than his own.
(3) Every religious group has the
right
(a) to manage its own religious affairs;
(b) to
establish and maintain institutions for religious or charitable
purposes; and
(c) to acquire and own property and hold and
administer it in accordance with law.
(4) This article does not
authorize any act contrary to any general law relating to public
order, public health or morality.
Article
16 Rights in Respect of Education
(1) Without prejudice
to the generality of Article 12,
there shall be no discrimination against any citizens of Singapore
on the grounds only of religion, race, descent or place of
birth
(a) in the administration of any educational institution
maintained by a public authority, and, in particular, the
admission of pupils or students or the payment of fees; or
(b)
in providing out of the funds of a public authority financial
aid
for the maintenance or education of pupils or students in any
educational institution (whether or not maintained by a public
authority and whether within or outside Singapore).
(2) Every
religious group has the right to establish and maintain
institutions for the education of children and provide therein
instruction in its own religion, and there shall be no
discrimination on the ground only of religion in any law relating
to such institutions or in the administration of any such law.
(3)
No person shall be required to receive instruction in or to take
part in any ceremony or act of worship of a religion other than
his own.
(4) For the purposes of clause (3), the religion of a
person under the age of 18 years shall be decided by his parent or
guardian.
Article
17 The President
(1) There shall be a President of
Singapore who shall be the Head of State and shall exercise and
perform such powers and functions as are conferred on the
President by this Constitution and any other written law.
(2)
The President shall be elected by the citizens of Singapore in
accordance with any law made by the Legislature.
(3) Any poll
for the election of President shall be held as follows:
(a) in
the case where the office of President becomes vacant prior to the
expiration of the term of office of the incumbent and a writ for
the elction has not been issued before such vacation of office or,
if so issued, has already been countermanded -- within 6 months
after the date the office of President becomes vacant; or
(b)
in any case -- not more than 3 months before the date of
expiration of the term of office of the incumbent.
Article
18 Presidential Elections Committee
(1) There shall be
a Presidential Elections Committee whose function is to ensure
that candidates for the office of President have the
qualifications referred to in Paragraph (e) or (g)(iv) or both
such paragraphs of Article 19
(2), as the case may be.
(2) The Presidential Elections
Committee shall consist of
(a) the Chairman of the Public
Service Commission;
(b) the Chairman of the Public Accountants
Board established under the Accountants Act; and
(c) a member
of the Presidential Council for Minority Rights nominated by the
Chairman of the Council.
(3) The Chairman of the Public Service
Commission shall be the chairman of the Presidential Elections
Committee and if he is absent from Singapore or for any other
reason unable to discharge his functions, he shall nominate a
Deputy Chairman of the Public Service Commission to act on his
behalf.
(4) The office of the member of the Presidential
Elections Committee nominated under clause (2) (c) shall become
vacant if the member
(a) dies;
(b) resigns from office by a
letter in writing addressed to the chairman of the Committee;
or
(c) has his nomination revoked by the Chairman of the
Presidential Council for Minority Rights, and the vacancy shall be
filled by a new member nominated by the Chairman of the
Presidential Council for Minority.
(5) If the member of the
Presidential Elections Committee referred to in clause (2) (b) or
(c) is absent from Singapore or
is for any other reason unable
to discharge his functions, the Chairman of the Public Accountants
Board or the Chairman of the Presidential Council for Minority
Rights shall appoint a member of the Public Accountants Board or a
member of the Presidential Council for Minority Rights, as the
case may be, to act on his behalf.
(6) The Presidential
Elections Committee may regulate its own procedure and fix the
quorum for its meetings.
(7) The Presidential Elections
Committee may act not-
withstanding any vacancy in its
membership.
(8) Parliament may by law provide for the
remuneration of members of the Presidential Elections Committee
and the remuneration so provided shall be charged on the
Consolidated Fund.
(9) A decision of the Presidential Elections
Committee as to whether a candidate for election to the office of
President has fulfilled the requirement of Article 19
(2)(e) or (g)(iv) shall be final and shall not be subject to
appeal or review in any court.
Article
19 Qualifications and Disabilities of President
(1) No
person shall be elected as President unless he is qualified for
election in accordance with the provisions of this
Constitution.
(2) A person shall be qualified to be elected as
President if he
(a) is a citizen of Singapore;
(b) is not
less than 45 years of age;
(c) possesses the qualifications
specified in Article 44
(2)(c) and (d);
(d) is not subject to any of the
disqualifications specified in Article 45;
(e)
satisfies the Presidential Elections Committee that he is a person
of integrity, good character and reputation;
(f) is not a
member of any political party on the date of his nomination for
election; and
(g) has for a period of not less than 3 years
held office
(i) as Minister, Chief Justice, Speaker,
Attorney-General, Chairman of the Public Service Commission,
Auditor-General, Accountant-General or Permanent Secretary;
(ii)
as chairman or chief executive officer of a statutory board to
which Article 22a
applies;
(iii) as chairman of the board of directors or chief
executive officer of a company incorporated or registered under
the Companies Act with a paid-up capital of at least $100 million
or its equivalent in foreign currency; or
(iv) in any other
similar or comparable position of seniority and responsibility in
any other organization or department of equivalent size or
complexity in the public or private sector which, in the opinion
of the Presidential Elections Committee, has given him such
experience and ability in administering and managing financial
affairs as to enable him to carry out effectively the functions
and duties of the office of President.
(3) The President
shall
(a) not hold any other office created or recognized by
this Constitution;
(b) not actively engage in any commercial
enterprise;
(c) not be a member of any political party; and
(d)
if he is a Member of Parliament, vacate his seat in
Parliament.
(4) Nothing in clause (3) shall be construed as
requiring any person exercising the functions of the office of
President pursuant to Article 22n
or 22o to
(a) if he is a member of any political party,
resign as a member of that party; or
(b) vacate his seat in
Parliament or any other office created or recognized by this
Constitution.
Article
20 Term of Office
(1) The President shall hold office
for a term of 6 years from the date on which he assumes
office.
(2) The person elected to the office of President shall
assume office on the day his predecessor ceases to hold office or,
if the office is vacant, on the day following his election.
(3)
Upon his assumption of office, the President shall take and
subscribe in the presence of the Chief Justice or of another Judge
of the Supreme Court the Oath of Office in the form set out in the
First
Schedule.
Article
21 Discharge and Performance of Functions of President
(1)
Except as provided by this Constitution, the President shall, in
the exercise of his functions under this Constitution or any other
written law, act in accordance with the advice of the Cabinet or
of a Minister acting under the general authority of the
Cabinet.
(2) The President may act in his discretion in the
performance of the following functions:
(a) the appointment of
the Prime Minister in accordance with Article 25;
(b)
the withholding of consent to a request for a dissolution of
Parliament;
(c) the withholding of assent to any Bill under
Article 22e,
22h,
144
(2) or 148a;
(d)
the withholding of concurrence under Article 144
to any guarantee or loan to be given or raised by the
Government;
(e) the withholding of concurrence and approval to
the appointments and budgets of the statutory boards and
Government companies to which Articles 22a
and 22c,
respectively, apply;
(f) the disapproval of transactions
referred to in Article 22b
(7), 22d
(6), or 148g;
(g)
the withholding of concurrence under Article 151
(4) in relation to the detention or further detention of any
person under any law or ordinance made or promulgated in pursuance
of Part XII;
(h)
the exercise of his functions under section 12 of the Maintenance
of Religious Harmony Act; and
(i) any other function the
performance of which the President is authorized by this
Constitution to act in his discretion.
(3) The President shall
consult the Council of Presidential Advisers before performing any
of his functions under Articles 22,
22a
(1), 22b
(2) and (7), 22c
(1), 22d
(2) and (6), 144,
148a,
148b and 148g.
(4)
Except as otherwise provided in clause (3), the President may, in
his discretion, consult the Council of Presidential Advisers
before performing any of his functions referred to in clause (2)
(c) to (i).
(5) The Legislature may by law make provision to
require the President to act after consultation with, or on the
recommendation of, any person or body of persons other than the
Cabinet in the exercise of his functions other than
(a)
functions exercisable in his discretion; and
(b) functions with
respect to the exercise of which provision is made in any other
provision of this Constitution.
Article
22 Appointment of Public Office
Notwithstanding any other
provision of this Constitution, the President, acting in his
discretion, may refuse to make an appointment to any of the
following offices or to revoke any such appointment if he does not
concur with the advice or recommendation of the authority on whose
advice or recommendation he is, by virtue of that other provision
of this Constitution or any other written law, to act:
(a) the
Chief Justice, Judges and Judicial Commissioners of the
Supreme
Court;
(b) the Attorney-General;
(c) the Chairman and
members of the Presidential Council for Minority Rights;
(d)
the chairman and members of the Presidential Council for Religious
Harmony constituted under the Maintenance of Religious Harmony
Act;
(e) the chairman and members of an advisory board
constituted for the purposes of Article 151;
(f)
the Chairman and members of the Public Service Commission;
(g)
the Chairmen of the Education Service Commission and the Police
and Civil Defence Services Commission, and the persons appointed
thereto under Articles 110A
(1)(c) and 110B
(1)(c), respectively.
(h) the Auditor-General;
(i) the
Accountant-General;
(j) the Chief of Defence Force;
(k) the
Chiefs of the Air Force, Army and Navy;
(l) a member (other
than an ex-officio member) of the Armed Forces Council established
under the Singapore Armed Forces Act;
(m) the Commissioner of
Police; and
(n) the Director of the Corrupt Practices
Investigation Bureau.
Article
22a Appointment of Members of Statutory Boards
(1)
Notwithstanding any other provision of this Constitution
(a)
where the President is authorized by any written law to appoint
the chairman, member or chief executive officer of any statutory
board to which this article applies, the President, acting in his
discretion, may refuse to make any such appointment or to revoke
such appointment if he does not concur with the advice or
recommendation of the authority on whose advice or recommendation
he is required to act; or
(b) in any, other case, no
appointment to the office of chairman, member or chief executive
officer of any statutory board to which this article applies and
no revocation of such appointment shall be made by any appointing
authority unless the President, acting in his discretion, concurs
therewith.
(2)(a) The chairman or member of a statutory board
to which this article applies shall be appointed for a term not
exceeding 3 years and shall be eligible for reappointment.
(b)
Any appointment to the office of chairman, member or chief
executive officer of a statutory board under clause (1) ( ) or any
revocation thereof shall be void if made without the concurrence
of the President.
(3) This article shall apply to the statutory
boards specified in Part I of the Fifth Schedule.
(4) Subject
to clause (5), the President acting in accordance with the advice
of the Cabinet may, by order in the Gazette, add any other
statutory board to Part I of the Fifth Schedule; and no statutory
board shall be removed from that Part by any such order.
(5) No
statutory board shall by order under clause (4) be added to Part I
of the Fifth Schedule if the total value of the reserves of the
statutory board on the date of making of such order is less than
$100 million.
Article
22b Budgets of Statutory Boards
(1) Every statutory
board to which Article 22a
applies shall
(a) before the commencement of its financial
year, present to the President for his approval its budget for
that financial year, together with a declaration by the chairman
and the chief executive officer of the statutory board whether the
budget when implemented is likely to draw on the reserves which
were not accumulated by the statutory board during the current
term of office of the Government;
(b) present to the President
for his approval every supplementary budget for its financial year
together with a declaration referred to in paragraph (a) relating
to such supplementary budget; and
(c) within 6 months after the
close of that financial year, present to the President
(i) a
full and particular audited statement showing the revenue received
and expenditure incurred by the statutory board during that
financial year;
(ii) as far as practicable, an audited
statement of the assets and liabilities of the statutory board at
the end of that financial year; and
(iii) a declaration by the
chairman and the chief executive officer of the statutory board
whether the statements referred to in sub-paragraphs (i) and (ii)
show any drawing on the reserves not accumulated by the statutory
board during the current term of office of the Government.
(2)
The President, acting in his discretion, may refuse to approve any
budget or supplementary budget of any such statutory board if, in
his opinion, the budget is likely to draw on reserves which were
not accumulated by the statutory board during the current term of
office of the Government, except that if he approves any such
budget notwithstanding his opinion that the budget is likely to so
draw on those reserves, he shall cause his opinion to be published
in the Gazette.
(3) Where by the first day of the financial
year of such statutory board the President has not approved its
budget for that financial year, the statutory board
(a) shall,
within 3 months of the first day of that financial year, present
to the President a revised budget for that financial year together
with the declaration referred to in clause (1); and
(b) may,
pending the decision of the President, incur expenditure not
exceeding one-quarter of the amount provided in the approved
budget of the statutory board for the preceding financial
year,
and if the President does not approve the revised budget,
the statutory board may during that financial year incur total
expenditure not exceeding the amount provided in the approved
budget of the statutory board for the preceding financial year;
and the budget for the preceding financial year shall have effect
as the approved budget for that financial year.
(4) Any amount
expended during a financial year under clause (3) (b) shall be
included in any revised budget subsequently presented to the
President under that clause for that financial year.
(5)
Nothing in this article shall prevent the taking of any action by
the Monetary Authority of Singapore in the management of the
Singapore dollar; and a certificate under the hand of the chairman
of the board of directors of the Monetary Authority of Singapore
shall be conclusive evidence that any action was or was not taken
for such purpose.
(6) It shall be the duty of every statutory
board and its chief executive officer to which this article
applies to inform the President of any proposed transaction of the
statutory board which is likely to draw on the reserves
accumulated by the statutory board prior to the current term of
office of the Government.
(7) Where pursuant to clause (6) the
President has been so informed of any such proposed transaction,
the President, acting in his discretion, may disapprove the
proposed transaction, except that if he does not disapprove any
such proposed transaction even though he is of the opinion that
the proposed transaction is likely to draw on the reserves
accumulated by the statutory board prior to the current term of
office of the Government, the President shall cause his decision
and opinion to be published in the Gazette.
(8) Where
after 30 Nov 1991 a statutory board is specified in Part I of the
Fifth Schedule pursuant to an order made under Article 22a
(4), any reference in this article to the approved budget of a
statutory board for the preceding financial year shall, in
relation to the first-mentioned statutory board, be read as a
reference to the budget for the financial year of the
first-mentioned statutory board during which that order was
made.
(9) For the purpose of this article, where the Minister
responsible for finance undertakes in writing to add to the
reserves accumulated by the Government prior to its current term
of office any reserves of a statutory board which are proposed to
be transferred to the Government by or under the authority of any
written law or otherwise, the proposed transfer and transfer of
those reserves shall have effect as follows:
(a) the proposed
transfer and transfer shall not be taken into account in
determining whether the reserves accumulated by the statutory
board prior to the current term of office of the Government are
likely to be or have been drawn on; and
(b) the reserves to be
transferred by the statutory board shall be deemed to form part of
the reserves accumulated by the Government prior to its current
term of office on the following occasions:
(i) where a budget
of the statutory board for any financial year provides for the
proposed transfer and the budget is approved by the President
under this article -- at beginning of that financial year; or
(ii)
where a supplementary budget provides for the proposed transfer
and the supplementary budget is approved by the President under
this article -- on the date of approval by the President.
Article
22c Appointment of Directors of Government Companies
(1)
Notwithstanding the provisions of the memorandum and articles of
association of the company, the appointment or removal of any
person as a director or chief executive officer of any Government
company to which this article applies shall not be made unless the
President acting in his discretion, concurs with such appointment
or removal.
(2)(a) A director of a Government company to which
this article applies shall be appointed for a term not exceeding 3
years and shall be eligible for reappointment.
(b) Any
appointment or removal of any director or chief executive officer
of a Government company to which this article applies without the
concurrence of the President shall be void and of no effect.
(3)
This article shall apply to the Government companies specified in
Part II of the Fifth Schedule.
(4) Subject to clause (5), the
President acting in accordance with the advice of the Cabinet may,
by order in the Gazette, add any other Government company to Part
II of the Fifth Schedule; and no Government company shall be
removed from that Part by any such order.
(5) No Government
company shall by order under clause (4) be added to Part II of the
Fifth Schedule unless on the date of making of such order
(a)
the value of the shareholders' funds of the company attributable
to the Government's interest in the company is worth $100 million
or more and
(b) it is not a subsidiary of any of the Government
companies specified in Part II of the Fifth Schedule; and for the
purposes of this para graph, "subsidiary" shall have the
same meaning as in the Companies Act.
Article
22d Budgets of Government Companies
(1) The board of
directors of every Government company to which Article 22c
applies shall
(a) before the commencement of its financial year
present to the President for his approval its budget for that
financial year, together with declaration by the chairman of the
board of directors and the chief executive officer of the
Government company whether the budget implemented is likely to
draw on the reserves which were not accumulated by the Government
company during the current term of office of the Government;
(b)
present to the President for his approval every supplementary
budget for its financial year together with a declaration referred
to in paragraph (a) relating to such supplementary budget; and
(c)
within 6 months after the close of that financial year, present to
the President
(i) a full and particular audited profit and loss
account showing the revenue collected and expenditure incurred by
the Government company during that financial year, and an audited
balance sheet showing the assets and liabilities of the Government
company at the end of that financial year; and
(ii) a
declaration by the chairman of the board of directors and the
chief executive officer of the Government company whether the
audited profit and loss account and balance-sheet of the
Government company show any drawing on the reserves not
accumulated by the Government company during the current term of
office of the Government.
(2) The President, acting in his
discretion, may disapprove the budget or supplementary budget of
any such Government company if, in his opinion, the budget is
likely to draw on reserves not accumulated by that company during
the current term of office of the Government, except that if he
approves any such budget notwithstanding his opinion that the
budget is likely to so draw on those reserves, he shall cause his
opinion to be published in the Gazette.
(3) Where by the first
day of the financial year of such Government company the President
has not approved its budget for that financial year, the
Government company
(a) shall, within 3 months of the first day
of that financial year, present to the President a revised budget
for that financial year together with the declaration referred to
in clause (1); and
(b) may, pending the decision of the
President, incur expenditure not exceeding one-quarter of the
amount provided in the approved budget of the Government company
for the preceding financial year,
and if the President does not
approve the revised budget, the Government company may during that
financial year incur a total expenditure not exceeding the amount
provided in the approved budget of the Government company for the
preceding financial year; and the budget for the preceding
financial year shall have effect as the approved budget for that
financial year.
(4) Any amount expended during a financial year
under clause 3) (b) shall be included in any revised budget
subsequently presented to the President under that clause for that
financial year.
(5) It shall be the duty of the board of
directors and the chief executive officer of every Government
company referred to in this article to inform the President of any
proposed transaction of the company which is likely to draw on the
reserves accumulated by the company prior to the current term of
office of the Government.
(6) Where pursuant to clause (5) the
President has been so informed of any such proposed transaction,
the President, acting in his discretion, may disapprove the
proposed transaction, except that if he does not disapprove any
such proposed transaction even though he is of the opinion that
the proposed transaction is likely to draw on the reserves
accumulated by the Government company prior to the current term of
office of the Government, the President shall cause his decision
and opinion to be published in the Gazette.
(7) Where
after 30 Nov 1991 a Government company is specified in Part II of
the Fifth Schedule pursuant to an order made under Article 22c
(4), any reference in this article to the approved budget of a
Government company for the preceding financial year shall, in
relation to the first-mentioned Government company, be read as a
reference to the budget for the financial year of the
first-mentioned Government company immediately preceding the
making of that order.
(8) For the purpose of this article,
where the Minister responsible for finance undertakes in writing
to add to the reserves accumulated by the Government prior to its
current term of office any reserves of a Government company which
are proposed to be transferred to the Government by or under the
authority of any written law or otherwise, the proposed transfer
and transfer of those reserves shall have effect as follows:
(a)
the proposed transfer and transfer shall not be taken into account
in determining whether the reserves accumulated by the Government
company prior to the current term of office of the Government are
likely to be or have been drawn on; and
(b) the reserves to be
transferred by the Government company shall be deemed to form part
of the reserves accumulated by the Government prior to its current
term of office on the following occasions:
(i) where a budget
of the Government company for any financial year provides for the
proposed transfer and the budget is approved by the President
under this article -- at beginning of that financial year; or
(ii)
where a supplementary budget of the Government company provides
for the proposed transfer and the supplementary budget is approved
by the President under this article -- on the date of approval by
the President.
Article
22e Moneys of the Central Provident Fund
The President,
acting in his discretion, may withhold his assent to any Bill
passed by Parliament which provides, directly or indirectly, for
varying, changing or increasing the powers of the Central
Provident Fund Board to invest the moneys belonging to the Central
Provident Fund.
Article
22f President's Access to Information
(1) In the
exercise of his functions under this Constitution, the President
shall be entitled, at his request, to any information
concerning
(a) the Government which is available to the
Cabinet; and
(b) any statutory board or Government company to
which Article 22a
or 22c,
as the case may be, applies which is available to the members of
the statutory board or the directors of the Government
company.
(2) The President may request
(a) any Minister, or
any senior officer of a Ministry or of a department of the
Government; or
(b) the chief executive officer and any member
of the governing board of any statutory board or the directors of
any Government company to which Article 22a
or 22c,
as the case may be, applies, to furnish any information referred
to in clause (1) concerning the reserves of the Government, the
statutory board or Government company, as the case may be, and the
Minister, member, officer or director concerned shall be under a
duty to provide the information.
Article
22g Concurrence of President for Certain
Investigations
Notwithstanding that the Prime Minister has
refused to give his
consent to the Director of the Corrupt
Practices Investigation Bureau to make any inquiries or to carry
out any investigations into any information received by the
Director touching upon the conduct of any person or any allegation
or complaint made against any person, the Director may make such
inquiries or carry out investigations into such information,
allegation or complaint if the President, acting in his
discretion, concurs therewith.
Article
22h President May Withhold Assent to Bill Circumventing or
Curtailing His Power
(1) The President may, acting in
his discretion, in writing withhold his assent to any Bill passed
by Parliament (other than a Bill to which Article 5
(2a) applies) if the Bill provides, directly or indirectly,
for the circumvention or curtailment of the discretionary powers
conferred upon him by this Constitution.
(2) If the President
withholds his assent to any Bill pursuant to clause (1), the Prime
Minister may refer the Bill to the High Court to determine whether
the Bill provides, directly or indirectly, for the circumvention
or curtailment of the discretionary powers conferred upon the
President by this Constitution.
(3) Where the High Court
determines that a Bill does not provide, directly or indirectly,
for the circumvention or curtailment of the discretionary powers
conferred upon the President, and
(a) no valid notice of appeal
against that determination has been lodged within the time
prescribed by the Rules of the Supreme Court; or
(b) where a
valid notice of appeal has been lodged, the appeal has been
withdrawn or dismissed, the President shall be deemed to have
assented to the Bill on the date the High Court made such a
determination.
Article
22i Restraining Order Under Maintenance of Religious Harmony
Act
The President, acting in his discretion, may cancel,
vary, confirm or refuse to confirm a restraining order made under
the Maintenance of Religious Harmony Act where the advice of the
Cabinet is contrary to the recommendation of the Presidential
Council for Religious Harmony.
Article
22j Civil List and Personal Staff of President
(1) The
Legislature shall by law provide a Civil List for the maintenance
of the President.
(2) Any person exercising the functions of
the office of President pursuant to Article 22n
or 22o shall, during any period in which he exercises those
functions, be entitled to such remuneration as the Legislature may
by law provide.
(3) The Civil List for the maintenance of the
President or any person exercising the functions of the office of
President shall be charged on and paid out of the Consolidated
Fund and shall not be diminished during the continuance in office
of the President or that person.
(4) SubJect to clause (5), the
appointment, terms of service, disciplinary control, termination
of appointment and dismissal of the personal staff of the
President shall be matters for the President acting in his
discretion.
(5) The President may, if he so desires, appoint to
his personal staff such public officers as he may select, after
consultation with the Prime Minister, from a list of names
submitted by the Public Service Commission; and the provisions of
clause (4) (except in so far as they relate to appointment) shall
apply in relation to a person so appointed as respects his service
on the personal staff of the President but not as respects his
service as a public officer.
(6) The remuneration of the
personal staff of the President,
other than a person appointed
under clause (5), shall be payed out of the Civil List for the
maintenance of the President.
Article
22k Immunity of President From Suit
(1) Except as
provided in clause (4), the President shall not be liable to any
proceedings whatsoever in any court in respect of anything done or
omitted to be done by him in his official capacity.
(2) No
proceedings in any court in respect of anything done or omitted to
be done by the President in his private capacity shall be
instituted against him during his term of office.
(3) Where
provision is made by law limiting the time within which
proceedings of any description may be brought against any person,
the period of time during which such person holds office as
President shall not be taken into account in calculating any
period of time prescribed by that law.
(4) The immunity
conferred by clause (1) shall not apply to
(a) any proceedings
instituted under Article 22h;
(b)
any inquiry held by a tribunal pursuant to a resolution passed by
Parliament under Article 22l;
or
(c) any proceedings before the Election Judge under Article
93a
to determine the validity of any Presidential election.
Article
22l Vacation of and Removal From Office of President
(1)
The office of President shall become vacant
(a) upon the death
of the President;
(b) if the President resigns his office by
writing under his hand addressed to the Prime Minister;
(c) if
the President is removed from office in accordance with clauses
(3) to (7);
(d) if the Election Judge in the exercise of his
powers under Article 93a
determines that the election of the President was void and does
not determine that any other person was duly elected as President;
or
(e) if upon the expiration of the term of office of the
incumbent the person declared elected as President fails to assume
the office of President.
(2) {Deleted by Amendment No. 2 Act
1994 of 23 Sep 1994.}
(3) The Prime Minister or not less
than one-quarter of the total number of the elected Members of
Parliament referred to in Article 39
(1)(a) may give notice of a motion alleging that the President
is permanently incapable of discharging the functions of his
office by reason of mental or physical infirmity or that the
President has been guilty of
(a) intentional violation of the
Constitution;
(b) treason;
(c) misconduct or corruption
involving the abuse of the powers of his office; or
(d) any
offence involving fraud, dishonesty or moral turpitude, and
setting out full particulars of the allegations made and seeking
an inquiry and report thereon.
(4) Where the motion referred to
in clause (3) has been adopted by not less than half of the total
number of the elected Members of Parliament referred to in Article
39
(1)(a), the Chief Justice shall appoint a tribunal to inquire
into the allegations made against the President.
(5) A tribunal
appointed by the Chief Justice shall consist of not less than 5
Judges of the Supreme Court of whom the Chief Justice shall be
one, unless he otherwise decides and such tribunal may regulate
its own procedure and make rules for that purpose.
(6) A
tribunal shall, after due inquiry at which the President shall
have the right to appear and to be heard in person or by counsel,
make a report of its determination to the Speaker together with
the reasons therefor.
(7) Where the tribunal reports to the
Speaker that in its opinion the President is permanently incapable
of discharging the functions of his office by reason of mental or
physical infirmity or that the President has been guilty of any of
the other allegations contained in such resolution, Parliament may
by a resolution passed by not less than three-quarters of the
total number of the elected Members of Parliament referred to in
Article 39
(1)(a) remove the President from office.
Article
22m Determination by Election Judge That President Was Not Duly
Elected
(1) Where the Election Judge in the exercise of
his jurisdiction under Article 93a
determines
(a) that the election of the President was void and
does not determine that any other person was duly elected, then, a
poll for the election of the President shall be taken not later
than 6 months from the date of the determination; or
(b) that
any other person was duly elected as President, then, such other
person shall assume the office of President forthwith after the
determination.
(2) Upon the Election Judge making any
determination that the election of the President was void and no
other person was duly elected as President, the person who
immediately before such determination was exercising the functions
of the office of President shall forthwith cease to exercise such
functions.
(3) The exercise, performance and discharge by any
person of the powers, duties and functions of the office of
President shall not be invalid by reason only of the fact that the
Election Judge subsequently determines that the election of such
person as President was void or undue.
Article
22n Persons to Exercise Functions of President
(1) If
the office of President becomes vacant, the Chairman of the
Council of Presidential Advisers or, if he is unavailable, the
Speaker shall exercise the functions of the office of President
during the period between the date the office of President becomes
vacant and the assumption of office by the person declared elected
as President.
(2) If neither the Chairman of the Council of
Presidential Advisers nor the Speaker is available, Parliament may
appoint a person in accordance with clause (3) to exercise the
functions of the office of President during the period referred to
in Clause (1).
(3) Parliament shall not appoint any person to
exercise the functions of the office of President under clause (2)
unless the person is qualified to be elected as President.
(4)
The provisions of this Chapter relating to immunity from suits
shall apply in relation to any person exercising the functions of
the office of President pursuant to this article as if references
to the President in those provisions were references to that
person.
(5) Any person required or appointed to exercise the
function of the office of President pursuant to this article or
Article 22o
shall, before exercising those functions, take and subscribe in
the presence of the Chief Justice or another Judge of the Supreme
Court the Oath of Office in the form set out in the First
Schedule, except that neither the Chairman of the Council of
Presidential Advisers nor the Speaker shall, during his term of
office as such Chairman or as Speaker, be required to take such
oath more than once in respect of occasions when he is required to
exercise the functions of the office of President.
Article
22o Temporary Disability of President
(1) Subject to
clause (2), if the President becomes temporarily unable, whether
by reason of ill health, absence from Singapore or otherwise, to
perform his functions under this Constitution or any other written
law, one of the persons referred to in Article 22n shall exercise
the functions of the office of President during the period of
temporary disability, and the provisions of Article 22n
shall apply, mutatis mutandis, to that person.
(2)
Parliament shall not appoint any person to exercise the functions
of the office of President under this article unless the President
agrees to that person being so appointed.
(3) Clause (2) shall
not apply if the President is unable for any reason to signify his
agreement to a person being appointed under this article to
exercise the functions of the office of President.
Article
23 Executive Authority of Singapore
(1) The executive
authority of Singapore shall be vested in the President and
exercisable subject to the provisions of this Constitution by him
or by the Cabinet or any Minister authorized by the Cabinet.
(2)
The Legislature may by law confer executive functions on other
persons.
Article
24 Cabinet
(1) There shall be in and for Singapore a
Cabinet which shall consist of the Prime Minister and such other
Ministers as may be appointed in accordance with Article 25.
(2)
Subject to the provisions of this Constitution, the Cabinet shall
have the general direction and control of the Government and shall
be collectively responsible to Parliament.
Article
25 Appointment of Prime Minister and Ministers
(1) The
President shall appoint as Prime Minister a Member of Parliament
who in his judgment is likely to command the confidence of the
majority of the Members of Parliament, and shall, acting in
accordance with the advice of the Prime Minister, appoint other
Ministers from among the Members of Parliament: Provided that, if
an appointment is made while Parliament is dissolved, a person who
was a Member of the last Parliament may be appointed but shall not
continue to hold office after the first sitting of the next
Parliament unless he is a Member thereof.
(2) Appointments
under this article shall be made by the President by instrument
under the public seal.
Article
26 Tenure of Office of Prime Minister and Ministers
(1)
The President shall, by writing under the public seal, declare the
office of Prime Minister vacant
(a) if the Prime Minister
resigns his office by writing under his hand addressed to the
President; or
(b) if the President, acting in his discretion,
is satisfied that the Prime Minister has ceased to command the
confidence of a majority of the Members of Parliament: Provided
that, before declaring the office of Prime Minister vacant under
this paragraph, the President shall inform the Prime Minister that
he is satisfied as aforesaid, and, if the Prime Minister so
requests, the President may dissolve Parliament instead of making
such a declaration.
(2) A Minister, other than the Prime
Minister, shall vacate his office
(a) if his appointment to
that office is revoked by the President, acting in accordance with
the advice of the Prime Minister, by instrument under the public
seal; or
(b) if he resigns his office by writing under his hand
addressed to the President.
(3) A person who has vacated his
office as Minister may, if qualified, be again appointed as
Minister from time to time.
(4)(a) Whenever the Prime Minister
is ill or absent from Singapore or has been granted leave of
absence from his duties under Article 32,
the functions conferred on him by this Constitution shall be
exercisable by any other Minister authorized by the President, by
instrument under the public seal. in that behalf.
(b) The
President may, by instrument under the public seal, revoke any
authority given under this clause.
(c) The powers conferred
upon the President by this clause shall be exercised by him acting
in his discretion, if in his opinion it is impracticable to obtain
the advice of the Prime Minister owing to the Prime Minister's
illness or absence, and in any other case shall be exercised by
the President in accordance with the advice of the Prime Minister.
Article
27 Oath
The Prime Minister and every other Minister shall
before entering on the duties of his office, take and subscribe
before the President the Oath of Allegiance and the appropriate
Oath for the due execution of his office in the forms set out in
the First
Schedule.
Article
28 Summoning of And Presiding in Cabinet
(1) The
Cabinet shall not be summoned except by the authority of the Prime
Minister.
(2) The Prime Minister shall, so far as is
practicable, attend and preside at meetings of the Cabinet and, in
his absence, such other Minister shall preside as the Prime
Minister shall appoint.
Article
29 Validity of Proceedings in Cabinet
Any proceedings in
the Cabinet shall be valid notwithstanding that some person who
was not entitled to do so sat or voted therein or otherwise took
part in the proceedings.
Article
30 Assignment of Responsibility to Ministers
(1) The
Prime Minister may, by directions in writing
(a) charge any
Minister with responsibility for any department or subject;
and
(b) revoke or vary any directions given under this
clause.
(2) The Prime Minister may retain in his charge any
department or subject.
Article
31 Parliamentary Secretaries
(1) The President, acting
in accordance with the advice of the Prime Minister, may by
instrument under the public seal, appoint Parliamentary
Secretaries from among the Members of Parliament to assist
Ministers in the discharge of their duties and functions: Provided
that, if an appointment is made while Parliament is dissolved, a
person who was a Member of the last Parliament may be appointed a
Parliamentary Secretary but shall not continue to hold office
after the first sitting of the next Parliament unless he is a
Member thereof.
(2) Article 26
(2) and (3) and Article 27
shall apply to Parliamentary Secretaries as they apply to
Ministers.
Article
32 Leave of Absence for Ministers and Parliamentary
Secretaries
The President, acting in accordance with the
advice of the Prime Minister, may grant leave of absence from his
duties to the Prime Minister, to any other Minister and to any
Parliamentary Secretary.
Article
33 Disabilities of Ministers and Parliamentary Secretaries
A
member of the Cabinet or Parliamentary Secretary shall not hold
any office of profit and shall not actively engage in any
commercial enterprise.
Article
34 Permanent Secretaries
(1) There shall be for each
Ministry one or more Permanent Secretaries who shall be persons
who are public officers.
(2)(a) Appointments to the office of
Permanent Secretary shall be made by the President, acting in
accordance with the advice of the Prime Minister, from a list of
names submitted by the Public Service Commission.
(b) The
responsibility for the allocation of each Permanent Secretary to a
Ministry shall be vested in the Prime Minister.
(3) Every
Permanent Secretary shall, subject to the general direction and
control of the Minister, exercise supervision over the department
or departments to which he is allocated.
Article
35 Attorney-General
(1) The office of Attorney-General
is hereby constituted and appointments thereto shall be made by
the President, if he, acting in his discretion, concurs with the
advice of the Prime Minister, from among persons who are qualified
for appointment as a Judge of the Supreme Court.
(2) When it is
necessary to make an appointment to the office of Attorney-General
otherwise than by reason of the death of the holder of that office
or his removal from office under clause (6), the Prime Minister
shall, before tendering advice to the President under clause (1),
consult the person holding the office of Attorney-General or, if
that office is then vacant, the person who has last vacated it,
and the Prime Minister shall, in every case, before tendering such
advice, consult the Chief Justice and the Chairman of the Public
Service Commission.
(3) The Prime Minister shall not be obliged
to consult any person under clause (2) if he is satisfied that by
reason of the infirmity of body or mind of that person or for any
other reason it is impracticable to do so.
(4) The
Attorney-General may be appointed for a specific period and, if he
was so appointed, shall, subject to clause (6), vacate his office
(without prejudice to his eligibility for reappointment) at the
expiration of that period, but, subject as aforesaid, shall
otherwise hold office until he attains the age of 60 years:
Provided that
(a) he may at any time resign his office by
writing under his hand addressed to the President; and
(b) the
President, if he, acting in his discretion, concurs with the
advice of the Prime Minister, may permit an Attorney-General who
has attained the age of 60 years to remain in office for such
fixed period as may have been agreed between the Attorney-General
and the Government.
(5) Nothing done by the Attorney-General
shall be invalid by reason only that he has attained the age at
which he is required by this article to vacate his office.
(6)(a)
The Attorney-General may be removed from office by the President,
if he, acting in his discretion, concurs with the advice of the
Prime Minister, but the Prime Minister shall not tender such
advice except for inability of the Attorney-General to discharge
the functions of his office (whether arising from infirmity of
body or mind or any other cause) or for misbehavior and except
with the concurrence of a tribunal consisting of the Chief Justice
and two other Judges of the Stupreme Court nominated for that
purpose by the Chief Justice.
(b) The tribunal constituted
under this clause shall regulate its own procedure and may make
rules for that purpose.
(7) It shall be the duty of the
Attorney-General to advise the Government upon such legal matters
and to perform such other duties of a legal character, as may from
time to time be referred or assigned to him by the President or
the Cabinet and to discharge the functions conferred on him by or
under this Constitution or any other written law.
(8) The
Attorney-General shall have power, exercisable at his
discretion,
to institute, conduct or discontinue any proceedings for any
offence.
(9) In the performance of his duties, the
Attorney-General shall have the right of audience in, and shall
take precedence over any other person appearing before any court
or tribunal in Singapore.
(10) The Attorney-General shall be
paid such remuneration and allowances as may from time to time be
determined and such remuneration and allowances shall be charged
on and paid out of the Consolidated Fund.
(11) Subject to this
article, the terms of service of the Attorney-General shall
either
(a) be determined by or under any law made under this
Constitution; or
(b) (in so far as they are not determined by
or under any such law) be determined by the President.
(12) The
terms of service of the Attorney-General shall not be altered to
his disadvantage during his continuance in office.
(13) For the
purposes of clause (12), in so far as the terms of service of the
Attorney-General depend upon his option, any terms for which he
opts shall be taken to be more advantageous to him than any for
which he might have opted.
Article
36 Secretary of Cabinet
(1) The President, acting in
accordance with the advice of the Prime Minister, may appoint a
public officer to be the Secretary to the Cabinet.
(2) The
Secretary to the Cabinet shall be responsible, in accordance with
such instructions as may be given to him by the Prime Minister,
for arranging the business for, and keeping the minutes of, the
meetings of the Cabinet and for conveying the decisions of the
Cabinet to the appropriate person or authority and shall have such
other functions as the Prime Minister may from time to time
direct.
Chapter 3 Capacity as Regards Property, Contracts, and Suits
Article
37 Capacity of Government as Regards Property, Contracts, and
Suits
(1) The Government shall have power to acquire,
hold and dispose of property of any kind and to make
contracts.
(2) The Government may sue and be sued.
Part Va Council of Presidential Advisers
Article
37a Interpretation
In this Part, unless the context
otherwise requires
- "Chairman" means the Chairman of
the Council;
- "Council" means the Council of
Presidential Advisers constituted under Article 37b;
- "member"
means a member of the Council and includes the Chairman.
Article
37b Council of Presidential Advisers
(1) There shall be
a Council of Presidential Advisers which shall consist of
(a)
two members appointed by the President acting in his
discretion;
(b) two members appointed by the President on the
advice of the Prime Minister; and
(c) one member appointed by
the President on the advice of the Chairman of the Public Service
Commission.
(2) The President, acting in his discretion, shall
appoint one of the members of the Council as Chairman.
(3) A
member of the Council shall serve for a term of 6 years and shall
be eligible for reappointment upon the expiry of his term of
office except that in respect of the appointment of the
first
members under clause (1), one of the two members referred to in
paragraphs (a) and (b) of that clause shall be appointed for a
term of 3 years instead of 6 years.
(4) During any period when
the Chairman exercises the functions of the office of President
under Article 22n
or 22o, he shall not act as the Chairman for that period and
shall not take part in the proceedings of the Council and shall
appoint
(a) a person to serve as a member of the Council for
that period; and
(b) a member of the Council to act as Chairman
for that period.
Article
37c Temporary Appointments During Incapacity of Members
Whenever
a member informs the Chairman that he is or will be incapable, for
a period of 3 months or more, of taking part in the proceedings of
the Council by reason of illness, absence or other cause, the
Chairman shall convey the information to the President who may
appoint another person to serve as a member for that period either
in his discretion or, where that member was appointed under
Article 37b
(1)(b) or (c), on the advice of the Prime Minister or the
Chairman of the Public Service Commission, as the case may be.
Article
37d Qualifications of Members
No person shall be qualified
to be appointed as a member unless he
(a) is a citizen of
Singapore;
(b) is not less than 35 years of age;
(c) is a
resident of Singapore; and
(d) is not liable to any of the
disqualifications referred to in Article 37e.
Article
37e Disqualifications of Members
A person shall be
disqualified for appointment as a member if he
(a) is or has
been found or declared to be of unsound mind;
(b) is insolvent
or an undischarged bankrupt; or
(c) has been convicted of an
offence by a court of law in Singapore or a foreign country and
sentenced to imprisonment for a term of not less than one year or
to a fine of not less than $2,000 and has not received a free
pardon: Provided that where the conviction is by a court in a
foreign country, the person shall not be so disqualified unless
the offence is also one which, had it been committed in Singapore,
would have been punishable by a court of law in Singapore.
Article
37f Termination of Membership
(1) The Chairman shall
vacate the office of Chairman of the Council when a newly elected
President assumes office during the term of appointment of the
Chairman.
(2) A member shall vacate his seat in the Council
(a)
if he ceases to be a citizen of Singapore;
(b) if by writing
under his hand addressed to the Chairman he resigns his seat;
or
(c) if he becomes subject to any of the disqualifications
referred to in Article 37e.
Article
37g Determination of Questions as to Membership
(1) Any
question as to the validity of the appointment of a member or
whether any person has vacated his seat as a member of the Council
shall be referred to and determined by a tribunal consisting of a
Judge of the Supreme Court appointed by the Chief Justice and two
other persons appointed by the Council.
(2) Any tribunal
constituted under clause (1) shall
(a) sit in private;
(b)
afford the person concerned adequate opportunity to call witnesses
and be heard; and
(c) report its decision to the Chairman.
(3)
The decision of the tribunal shall be final and shall not be
questioned in any court.
Article
37h Oaths of Allegiance and Secrecy
Before any person who
has been appointed Chairman or a member enters upon the duties of
his office, he shall take and subscribe before a Judge of the
Supreme Court the Oath of Allegiance and the Oath of Secrecy in
the forms set out respectively in paragraphs 2 and 8 in the First
Schedule.
Article
37i Function of Council
It shall be the function of the
Council to advise and make recommendations to the President on any
matter referred to the Council by the President pursuant to
Article 21
(3) or (4).
Article
37j Proceedings of Council
(1) The proceedings of the
Council shall be conducted in private and the Council may require
any public officer or any officer of any statutory board or
Government company to appear before the Council and to give such
information in relation to any matter referred to the Council by
the President pursuant to Article 21
(3) or (4) and such officer shall not disclose or divulge to
any person any matter which has arisen at any meeting of the
Council unless he is expressly authorized to do so by the
President.
(2) In advising or making recommendations to the
President in relation to any Supply Bill, Supplementary Supply
Bill, or Final Supply Bill, the Council shall state
(a) whether
its advice or recommendation is unanimous or the number of votes
for and against it; and
(b) where the Council advises or
recommends to the President to withhold his assent to any Supply
Bill, Supplementary Supply Bill, or Final Supply Bill, the grounds
on which the Council reached its conclusion.
(3) Subject to the
provisions of this Constitution, the Council may make rules with
respect to the regulation and conduct of its proceedings and the
despatch of its business (including any quorum) but no such rules
shall have effect until they have been approved by the President.
Article
37k Council to Report to Prime Minister and Parliament
The
Council shall, as soon as practicable after advising or making any
recommendation to the President in relation to a Supply Bill,
Supplementary Supply Bill, or Final Supply Bill, send a copy of
the advice or recommendation to
(a) the Prime Minister; and
(b)
the Speaker who shall cause the copy to be presented to Parliament
as soon as possible.
Article
37l Fees
(1) There shall be paid to the Chairman and
the other members of the Council such fees as may be determined by
the President.
(2) The fees payable under Clause (1) shall be
charged on and paid out of the Consolidated Fund and shall not be
diminished during the continuance in office of the Chairman and
the members of the Council.
Article
37m Appointment of Staff
The Council shall have power to
appoint a Secretary to the Council and such other officers as may
be required to enable the Council to carry out its functions.
Article
38 Legislature of Singapore
The Legislature of Singapore
shall consist of the President and Parliament.
Article
39 Parliament
(1) Parliament shall consist of
(a)
such number of elected Members as is required to be returned at a
general election by the constituencies prescribed by or under any
law made by the Legislature;
(b) such other Members, not
exceeding 6 in number, who shall be known as non-constituency
Members, as the Legislature may provide in any law relating to
Parliamentary elections to ensure the representation in Parliament
of a minimum number of Members from a political party or parties
not forming the Government; and
(c) such other Members not
exceeding 6 in number, who shall be known as nominated Members, as
may be appointed by the President in accordance with the
provisions of the Fourth Schedule.
(2) A non-constituency
Member or a nominated Member shall not vote in Parliament on any
motion pertaining to
(a) a Bill to amend the Constitution;
(b)
a Supply Bill, Supplementary Supply Bill, or Final Supply
Bill;
(c) a Money Bill as defined in Article 68;
(d)
a vote of no confidence in the Government; and
(e) removing the
President from office under Article 22l.
(3)
In this article and in Articles 39a
and 47,
a consti- tuency shall be construed as an electoral division for
the purposes of Parliamentary elections.
(4) If any person who
is not a Member of Parliament is elected as Speaker or Deputy
Speaker, he shall, by virtue of holding the office of Speaker or
Deputy Speaker, be a Member of Parliament in addition to the
Members aforesaid, except for the purposes of Chapter
2 of Part V and of Article 46.
Article
39a Group Representation Constituencies
(1) The
Legislature may, in order to ensure the representation in
Parliament of Members from the Malay, Indian and other minority
communities, by law make provision for
(a) any constituency to
be declared by the President, having regard to the number of
electors in that constituency, as a group representation
constituency to enable any election in that consti-
tuency to
be held on a basis of a group of not less than 3 but not more than
4 candidates; and
(b) the qualifications, in addition to those
in Article 44,
of persons who may be eligible for any election in group
representation constituencies, including the requirements referred
to in clause (2).
(2) Any law made pursuant to clause (1) shall
provide for
(a) the President to designate every group
representation constituency
(i) as a constituency where at
least one of the candidates in every group shall be a person
belonging to the Malay commu-
nity; or
(ii) as a
constituency where at least one of the candidates in every group
shall be a person belonging to the Indian or other minority
communities;
(b) the establishment of
(i) a committee to
determine whether a person desiring to be a candidate belongs to
the Malay community; and
(ii) a committee to determine whether
a person desiring to be a candidate belongs to the Indian or other
minority communities, for the purpose of any election in group
representation constituencies;
(c) all the candidates in every
group to be either members of
the same political party standing
for election for that political party or independent candidates
standing as a group;
(d) the minimum and maximum number of
Members to be returned by all group representation constituencies
at a general election; and
(e) the number of group
representation constituencies to be designated under Paragraph
(a)(i).
(3) No provision of any law made pursuant to this
article shall be invalid on the ground of inconsistency with
Article 12
or be considered to be a differentiating measure under Article
78.
(4)
In this article
- "election" means an election for
the purpose of electing a Member of Parliament;
- "group"
means a group of not less than 3 but not more than 4 candidates
nominated for any election in any group representation
constituency;
- "person belonging to the Malay community"
means - any person, whether of the Malay race or otherwise, who
considers himself to be a member of the Malay community and who is
generally accepted as a member of the Malay community by that
community;
- "person belonging to the Indian or other
minority communities" means any person of Indian origin who
considers himself to be a member of the Indian community and who
is generally accepted as a member of the Indian community by that
community, or any person who belongs to any minority community
other than the Malay or Indian community.
Article
40 Speaker
(1) When Parliament first meets after any
general election and before it proceeds to the despatch of any
other business, it shall elect a person to be Speaker, and,
whenever the office of Speaker is vacant otherwise than by reason
of a dissolution of Parliament, shall not transact any business
other than the election of a person to fill that office.
(2)
The Speaker may be elected, in such manner as Parliament may from
time to time decide, either from among the Members of Parliament
who are neither Ministers nor Parliamentary Secretaries or from
among persons who are not Members of Parliament: Provided that a
person who is not a Member of Parliament shall not be elected as
Speaker if, under any of the provisions of this Constitution, he
is not qualified for election as a Member of Parliament.
(3)
Upon the Speaker being elected and before he enters upon the
duties of his office, he shall (unless he has already done so in
accordance with Article 61)
take and subscribe before Parliament the Oath of Allegiance in the
form set out in the First
Schedule.
(4) The Speaker may at any time resign his office
by writing under his hand addressed to the Clerk of Parliament,
and shall vacate his office
(a) when Parliament first meets
after a general election;
(b) in the case of a Speaker elected
from among the Members of Parliament, if he ceases to be a Member
of Parliament otherwise than by reason of a dissolution thereof or
if he is appointed to be a Minister or a Parliamentary Secretary;
or
(c) in the case of a Speaker elected from among persons who
are not Members of Parliament, if any circumstance arises that, if
he had been elected to a seat in Parliament, would cause him to
vacate his seat by virtue of Article 46
(2)(a) or (e).
Article
41 Remuneration of Speaker
The Speaker shall be paid such
salary as Parliament may from time to time determine, and that
salary, which is hereby charged on the Consolidated Fund, shall
not be diminished
during his continuance in office.
Article
42 Deputy Speaker
(1) Parliament shall from time to
time elect two Deputy Speakers; and whenever the office of a
Deputy Speaker is vacant otherwise than by reason of a dissolution
of Parliament, Parliament shall, as soon as convenient, elect a
person to that office.
(2)(a) A Deputy Speaker may be elected,
in such manner as Parliament may from time to time decide, either
from among the Members of Parliament who are neither Ministers nor
Parliamentary Secretaries or from among persons who are not
Members of Parliament: Provided that a person who is not a Member
of Parliament shall not be elected as Deputy Speaker if, under any
of the provisions of this Constitution, he is not qualified for
election as a Member of Parliament.
(b) Upon a Deputy Speaker
being elected and before he enters upon the duties of his office,
he shall (unless he has already done so in accordance with Article
61)
take and subscribe before Parliament the Oath of Allegiance in the
form et out in the First
Schedule.
(c) A Deputy Speaker may at any time resign his
office, by writing under his hand addressed to the Clerk of
Parliament and shall vacate his office
(i) when Parliament
first meets after a general election;
(ii) in the case of a
Deputy Speaker elected from among the Members of Parliament, if he
ceases to be a Member of Parliament otherwise than by reason of a
dissolution thereof or if he is appointed to be a Minister or a
Parliamentary Secretary; or
(iii) in the case of a Deputy
Speaker elected from among persons who are not Members of
Parliament, if any circumstance arises that, if he had been
elected to a seat in Parliament, would cause him to vacate his
seat by virtue of Article 46
(2)(a) or (e).
(3) A Deputy Speaker shall be paid such
salary or allowance as Parliament may from time to time determine
and that salary or allowance, which is hereby charged on the
Consolidated Fund, shall not be diminished during his continuance
in office.
Article
43 Performance of Functions of Speaker
The functions
conferred by this Constitution upon the Speaker shall, if there is
no person holding the office of Speaker or if the Speaker is
absent from a sitting of Parliament or is otherwise unable to
perform those functions, be performed by a Deputy Speaker, or if
there be no Deputy Speaker or if he is likewise absent or unable
to perform those functions, by some other person to be elected by
Parliament for the purpose.
Article
44 Qualifications for Membership of Parliament
(1)
Members of Parliament shall be persons qualified for election or
for appointment in accordance with the provisions of this
Constitution and elected in the manner provided by or under any
law for the time being in force in Singapore or appointed in
accordance with the provisions of the Fourth Schedule.
(2) A
person shall be qualified to be elected or appointed as a Member
of Parliament if
(a) he is a citizen of Singapore;
(b) he is
of the age of 21 years or above on the day of nomination;
(c)
his name appears in a current register of electors;
(d) he is
resident in Singapore at the date of his nomination for election
and has been so resident for periods amounting in the aggregate to
not less than 10 years prior to that date;
(e) he is able, with
a degree of proficiency sufficient to enable
him to take an
active part in the proceedings of Parliament, to speak and, unless
incapacitated by blindness or other physical cause, to read and
write at least one of the following languages, that is to say,
English, Malay, Mandarin and Tamil; and
(f) he is not
disqualified from being a Member of Parliament under Article
45.
(3)
Any question whether any person possesses the qualifications
mentioned in clause (2) (e) shall be determined in such manner as
may be prescribed by or under any law for the time being in force
in Singapore or, in so far as not so prescribed, as may be
provided by order made by the President and published in the
Gazette.
Article
45 Disqualifications for Membership of Parliament
(1)
Subject to this article, a person shall not be qualified to be a
Member of Parliament who
(a) is and has been found or declared
to be of unsound mind;
(b) is an undischarged bankrupt;
(c)
holds an office of profit;
(d) having been nominated for
election to Parliament or the office of President or having acted
as election agent to a person so nominated, has failed to lodge
any return of election expenses required by law within the time
and in the manner so required;
(e) has been convicted of an
offence by a court of law in Singapore or Malaysia and sentenced
to imprisonment for a term of not less than one year or to a fine
of not less than $2,000 and has not received a free pardon:
Provided that where the conviction is by a court of law in
Malaysia, the person shall not be so disqualified unless the
offence is also one which, had it been committed in Singapore,
would have been punishable by a court of law in Singapore;
(f)
has voluntarily acquired the citizenship of, or exercised rights
of citizenship in, a foreign country or has made a declaration of
allegiance to a foreign country; or
(g) is disqualified under
any law relating to offenses in connection with elections to
Parliament or the office of President by reason of having been
convicted of such an offence or having in proceedings relating to
such an election been proved guilty of an act constituting such an
offence.
(2) The disqualification of a person under Clause
(1)(d) or (e) may be removed by the President and shall, if not so
removed, cease at the end of 5 years beginning from the date on
which the return mentioned in clause (1) (d) was required to be
lodged or, as the case may be, the date on which the person
convicted as mentioned in clause (1) (e) was released from custody
or the date on which the fine mentioned in clause (1) (e) was
imposed on such person; and a person shall not be disqualified
under clause (1) (f) by reason only of anything done by him before
he became a citizen of Singapore.
(3) In Clause (1)(f),
"foreign country" does not include any part of the
Commonwealth or the Republic of Ireland.
Article
46 Tenure of Office of Members
(1) Every Member of
Parliament shall cease to be a Member at the next dissolution of
Parliament after he has been elected or appointed, or previously
thereto if his seat becomes vacant, under the provisions of this
Constitution.
(2) The seat of a Member of Parliament shall
become vacant
(a) if he ceases to be a citizen of
Singapore;
(b) if he ceases to be a member of, or is expelled
or resigns from, the political party for which he stood in the
election;
(c) if, by writing under his hand addressed to the
Speaker, he resigns his seat in Parliament;
(d) if during two
consecutive months in each of which sittings of Parliament (or any
committee of Parliament to which he has
been appointed) are
held, he is absent from all such sittings without having obtained
from the Speaker before the termination of any such sitting
permission to be or to remain absent therefrom;
(e) if he
becomes subject to any of the disqualifications specified in
Article 45;
(f)
if he is expelled from Parliament in the exercise of its power of
expulsion; or
(g) if being a nominated Member, his term of
service as such a Member expires.
(2a) A non-constituency
Member of Parliament shall vacate his seat as such a Member if he
is subsequently elected as a Member of Parliament for any
constituency.
(2b) A nominated Member of Parliament shall
vacate his seat as such a Member
(a) if he stands as a
candidate for any political party in an election; or
(b) if not
being a candidate referred to in paragraph (a), he is elected as a
Member of Parliament for any constituency.
(3) Any person whose
seat in Parliament has become vacant may, if qualified, again be
elected or appointed as a Member of Parliament from time to time.
Article
47 Provision Against Double Membership
A person shall not
be at the same time a Member of Parliament for more than one
constituency.
Article
48 Decision on Questions as to Disqualification
Any
question whether
(a) any Member of Parliament has vacated his
seat therein; or
(b) in the case of any person who has been
elected as Speaker or Deputy Speaker from among persons who are
not Members of Parliament, any circumstance has arisen that, if he
had been elected to a seat in Parliament, would cause him to
vacate his seat by virtue of Article 46
(2)(a) or (e), shall be determined by Parliament whose
decision shall be final: Provided that this article shall not be
taken to prevent the practice of Parliament postponing a decision
in order to allow for the taking or determination of any
proceedings that may affect the decision (including proceedings
for the removal of the disqualification).
Article
49 Filing of Vacancies
(1) Whenever the seat of a
Member, not being a non-constituency Member, has become vacant for
any reason other than a dissolution of Parliament, the vacancy
shall be filled by election in the manner provided by or under any
law relating to Parliamentary elections for the time being in
force.
(2) The Legislature may by law provide for
(a) the
vacating of a seat of a non-constituency Member in circumstances
other than those specified in Article 46;
(b)
the filling of vacancies of the seats of non-constituency Members
where such vacancies are caused otherwise than by a dissolution of
Parliament.
Article
50 Penalty for Unqualified Persons Sitting or Voting in
Parliament
(1) Any person who sits or votes in
Parliament, knowing or having reasonable ground for knowing that
he is not entitled to do so, shall be liable to a penalty not
exceeding $200 for each day on which he so sits or votes.
(2)
The said penalty shall be recoverable by action in the High Court
at the suit of the Attorney-General.
Article
51 Staff of Parliament
(1) The staff of Parliament
shall consist of a Clerk of Parliament and such other officers as
may from time to time be appointed under Part
IX to assist him.
(2) The Clerk of Parliament shall be
appointed by the President after consultation with the Speaker and
the Public Service Commission.
(3) The Clerk of Parliament may
at any time resign his office by writing under his hand addressed
to the Speaker and, subject to clause (4), may be removed from
office by the President after consultation with the Speaker.
(4)
The Clerk of Parliament shall not be removed from office under
clause (3) unless Parliament, by a resolution which has received
the affirmative votes of not less than two-thirds of all the
Members thereof, has resolved that he ought to be so removed for
inability to discharge the functions of his office (whether
arising from infirmity of body or mind or any other cause) or for
misbehavior.
(5) The staff of Parliament shall not be eligible
for promotion or transfer to any other office in the public
service without the consent of the Speaker.
(6) Subject to
Article 159,
the terms of service of the staff of Parliament may be determined
by Parliament after receiving the advice of a Commission
consisting of the following persons, that is to say:
(a) the
Speaker, as Chairman;
(b) not more than 3 Ministers nominated
by the Prime Minister, of whom one shall be the Minister
responsible for finance; and
(c) a member of the Public Service
Commission.
Article
52 Standing Orders
Subject to the provisions of this
Constitution, Parliament may, from time to time, make, amend and
revoke Standing Orders for the regulation and orderly conduct of
its own proceedings and the despatch of business.
Article
53 Use of Languages in Parliament
Until the Legislature
otherwise provides, all debates and discussions in Parliament
shall be conducted in Malay, English, Mandarin, or Tamil.
Article
54 Presiding in Parliament
The Speaker shall preside at
each sitting of Parliament.
Article
55 Validity of Proceedings of Parliament
Parliament shall
not be disqualified for the transaction of business by reason of
any vacancy among the Members thereof, including any vacancy not
filled when Parliament is first constituted or is reconstituted at
any time; and any proceedings therein shall be valid
notwithstanding that some person who was not entitled to do so sat
or voted in Parliament or otherwise took part in the proceedings.
Article
56 Quorum
If objection is taken by any Member present that
there are present (besides the Speaker or other Member presiding)
fewer than one-quarter of the total number of Members and, after
such interval as may be prescribed in the Standing Orders of
Parliament, the Speaker or other Member presiding ascertains that
the number of Members present is still less than one-quarter of
the total number of Members, he shall thereupon adjourn
Parliament.
Article
57 Voting
(1) Subject to this Constitution, all
questions proposed for decision in Parliament shall be determined
by a majority of the votes of the Members present and voting; and
if, upon any question before Parliament, the votes of the Members
are equally divided, the motion shall be lost.
(2) If the
Speaker has been elected from among persons who are not Members of
Parliament, he shall not vote, but subject to this provision, the
Speaker or other person presiding shall have an original vote but
no casting vote.
Article
58 Exercise of Legislative Power
(1) Subject to the
provisions of Part
VII, the power of the Legislature to make laws shall be
exercised by Bills passed by Parliament and assented to by the
President.
(2) A Bill shall become law on being assented to by
the President and such law shall come into operation on the date
of its publication in the Gazette or, if it is enacted either in
such law or in any other law for the time being in force in
Singapore that it shall come into operation on some other date, on
that date.
Article
59 Introduction of Bills
(1) Subject to the provisions
of this Constitution and of Standing Orders of Parliament, any
Member may introduce any Bill or propose any motion for debate in,
or may present any petition to, Parliament, and the same shall be
debated and disposed of according to the Standing Orders of
Parliament.
(2) A Bill or amendment making provision (whether
directly or indirectly) for
(a) imposing or increasing any tax
or abolishing, reducing or remitting any existing tax;
(b) the
borrowing of money, or the giving of any guarantee, by the
Government, or the amendment of the law relating to the financial
obligations of the Government;
(c) the custody of the
Consolidated Fund, the charging of any money on the Consolidated
Fund or the abolition or alteration of any such charge;
(d) the
payment of moneys into the Consolidated Fund or the payment, issue
or withdrawal from the Consolidated Fund of any moneys not charged
thereon, or any increase in the amount of such a payment, issue or
withdrawal; or
(e) the receipt of any moneys on account of the
Consolidated Fund or the custody or issue of such moneys,
being
provision as respects which the Minister charged with
responsibility for finance signifies that it goes beyond what is
incidental only and not of a substantial nature having regard to
the purposes of the Bill or amendment, shall not be introduced or
moved except on the recommendation of the President signified by a
Minister.
(3) A Bill or amendment shall not be deemed to make
provision for any of the said matters by reason only that it
provides for the imposition or alteration of any fine or other
pecuniary penalty or for the payment or demand of a license fee or
a fee or charge for any service rendered.
Article
60 Words of Enactment of Laws
In every Bill presented for
assent, the words of enactment shall be as follows: "Be it
enacted by the President with the advice and consent of the
Parliament of Singapore, as follows ".
Article
61 Oath of Allegiance
No Member of Parliament shall be
permitted to take part in the proceedings thereof (other than
proceedings necessary for the purpose of this article) until he
has taken and subscribed before Parliament the Oath of Allegiance
in the form set out in the First
Schedule: Provided that the election of a Speaker may take
place before the Members of Parliament have taken and subscribed
such Oath.
Article
62 Address by President
The President may address
Parliament and may send messages
thereto.
Article
63 Privileges of Parliament
It shall be lawful for the
Legislature by law to determine and regulate the privileges,
immunities or powers of Parliament.
Article
64 Sessions of Parliament
(1) There shall be a session
of Parliament once at least in every year and a period of 6 months
shall not intervene between the last sitting of Parliament in any
one session and the first sitting thereof in the next session.
(2)
The sessions of Parliament shall be held in such places and shall
commence at such times as the President may, from time to time, by
Proclamation in the Gazette, appoint.
Article
65 Prorogation and Dissolution of Parliament
(1) The
President may, at any time, by Proclamation in the Gazette,
prorogue Parliament.
(2) If, at any time, the office of Prime
Minister is vacant, the President shall, by Proclamation in the
Gazette, dissolve Parliament as soon as he is satisfied, acting in
his discretion, that a reasonable period has elapsed since that
office was last vacated and that there is no Member of Parliament
likely to command the confidence of a majority of the Members
thereof.
(3) The President may, at any time, by Proclamation in
the Gazette, dissolve Parliament if he is advised by the Prime
Minister to do so, but he shall not be obliged to act in this
respect in accordance with the advice of the Prime Minister unless
he is satisfied that, in tendering that advice the Prime Minister
commands the confidence of a majority of the Members of
Parliament.
(3a) The President shall not dissolve Parliament
after a notice of motion proposing an inquiry into the conduct of
the President has been given under Article 22l
(3) unless
(a) a resolution is not passed pursuant to the
notice of such motion under Article 22l
(4);
(b) where a resolution has been passed pursuant to the
notice of such motion under Article 22l
(4), the tribunal appointed under Article 22l
(5) determines and reports that the President has not become
permanently incapable of discharging the functions of his office
or that the President has not been guilty of any of the other
allegations contained in such motion;
(c) the consequent
resolution for the removal of the President is not passed under
Article 22l
(7); or
(d) Parliament by resolution requests the President
to dissolve Parliament.
(4) Parliament, unless sooner
dissolved, shall continue for 5 years from the date of its first
sitting and shall then stand dissolved.
Article
66 General Elections
There shall be a general election at
such time, within 3 months after every dissolution of Parliament,
as the President shall, by Proclamation in the Gazette, appoint.
Article
67 Remuneration of Members
The Legislature may by law make
provision for the remuneration of Members of Parliament.
Part VII The Presidential Council for Minority Rights
Article
68 Interpretation
In this Part, unless the context
otherwise requires
- "adverse report" means a report
of the Council stating that, in the opinion of the Council, some
specified provision of a Bill or of a subsidiary legislation would
be a differentiating measure;
- "Chairman" means the
Chairman of the Council;
- "Council" means the
Presidential Council for Minority Rights established under Article
69;
-
"differentiating measure" means any measure which is, or
is likely in its practical application to be, disadvantageous to
persons of any racial or religious community and not equally
disadvantageous to persons of other such communities, either
directly by prejudicing persons of that community or indirectly by
giving advantage to persons of another community;
- "member"
means a member of the Council and includes the Chairman;
-
"Money Bill" means a Bill which contains only provisions
dealing with all or any of the following matters:
(a) the
imposition, repeal, remission, alteration or regulation of
taxation;
(b) the imposition, for the payment of debt or other
financial purposes, of charges on the Consolidated Fund or any
other public funds, or the variation or repeal of any such
charges;
(c) the grant of money to the Government or to any
authority or person, or the variation or revocation of any such
grant;
(d) the appropriation, receipt, custody, investment,
issue or audit of accounts of public money;
(e) the raising or
guarantee of any loan or the repayment thereof, or the
establishment, alteration, administration or abolition of any
sinking fund provided in connection with any such loan;
(f)
subordinate matters which are ancillary or incidental to any of
the foregoing matters;
- "sitting day" means any date
on which Parliament meets.
Article
69 Establishment of Presidential Council for Minority Rights
(1)
There shall be a Presidential Council for Minority Rights which
shall consist of
(a) a Chairman appointed for a period of 3
years;
(b) not more than 10 permanent members appointed for
life; and
(c) not more than 10 other members appointed for a
period of 3 years.
(2) The Chairman and the members shall be
appointed by the-President if he, acting in his discretion,
concurs with the advice of the Cabinet.
(3) The Chairman and
the members appointed under clause (1) (c) shall be eligible for
reappointment.
Article
70 Temporary Appointment During Incapacity of Member
Whenever
a member informs the Chairman that he is or will be incapable, for
a period of 3 months or more, of taking part in the proceedings of
the Council by reason of illness, absence or other cause, the
Chairman shall convey the information to the President who may, if
he, acting in his discretion, concurs with the advice of the
Cabinet, appoint a person to serve as a member for that period.
Article
71 Qualifications of Members
No person shall be qualified
to be appointed as a member unless he
(a) is a citizen of
Singapore;
(b) is not less than 35 years of age;
(c) is
resident in Singapore; and
(d) is not liable to any of the
disqualifications provided in Article 72.
Article
72 Disqualifications of Members
A person shall be
disqualified for appointment as a member who
(a) is or has been
found or declared to be of unsound mind;
(b) is insolvent or an
undischarged bankrupt;
(c) has been convicted of an offence by
a court of law in Singapore or Malaysia and sentenced to
imprisonment for a term of not less than one year or to a fine of
not less than $2,000 and has not received a free pardon: Provided
that where the conviction is by a court of law in Malaysia, the
person shall not be so disqualified unless the offence is also one
which, had it been committed in Singapore, would have been
punishable by a court of law in Singapore; or
(d) has
voluntarily acquired the citizenship of, or exercise the rights of
citizenship in, a foreign country or has made a declaration of
alliance to a foreign country.
Article
73 Termination of Membership
A member shall vacate his seat
in the Council
(a) if he ceases to be a citizen of
Singapore;
(b) if by writing under his hand addressed to the
Chairman he resigns his seat; or
(c) if he becomes subject to
any of the disqualifications provided in Article 72.
Article
74 Determination of Questions as to Membership
(1) Any
question whether any person has become a member or has vacated his
seat as such member shall be referred to and determined by a
tribunal consisting of a Judge of the Supreme Court appointed by
the Chief Justice and two members appointed by the Council.
(2)
Any tribunal constituted under clause (1) shall
(a) sit in
private;
(b) afford the person concerned adequate opportunity
to call witnesses and be heard; and
(c) report its decision to
the Chairman.
(3) The decision of the tribunal shall be final
and shall not be open to question in any court.
Article
75 Oaths of Allegiance and Secrecy
Before any person who
has been appointed Chairman or a member enters upon the duties of
his office, he shall take and subscribe before a Judge of the
Supreme Court the Oath of Allegiance and the Oath of Secrecy in
the forms set out respectively in paragraphs 2 and 7 in the First
Schedule.
Article
76 General Function of Council
(1) If shall be the
general function of the Council to consider and report on such
matters affecting persons of any racial or religious community in
Singapore as may be referred to the Council by Parliament or the
Government.
(2) A reference to the Council by Parliament may be
made by the Speaker, and a reference to the Council by the
Government may be made by a Minister.
Article
77 Functions of Council in Respect of Bills and Subsidiary
Legislation
It shall be the particular function of the
Council to draw attention to any Bill or to any subsidiary
legislation if that Bill or subsidiary legislation is, in the
opinion of the Council, a differentiating measure.
Article
78 Copies of Bills and Amendments Thereto to be Sent to
Council
(1) Immediately after any Bill to which this
article applies has been given a final reading and passed by
Parliament and before it is presented to the President for assent,
the Speaker shall cause an authenticated copy of the Bill to be
sent to the Council.
(2) The Council shall consider the Bill
and shall, within 30 days of the date on which the Bill was sent
to the Council, make a report to the Speaker stating whether or
not in the opinion of
the Council any and, if so, which
provision of the Bill would, if enacted, be a differentiating
measure.
(3) Whenever after the receipt of an adverse report
from the Council, the Bill to which it relates is amended by
Parliament, the Speaker shall cause the Bill in its amended form
to be sent again to the Council.
(4) On the application of the
Chairman, the Speaker may extend, as he thinks fit, the period of
30 days prescribed by clause (2), where he considers it proper to
do so on account of the length or complexity of any Bill or the
number of matters for the time being under consideration by the
Council or for any sufficient reason.
(5) The Speaker shall
cause every report received by him from the Council in pursuance
of clause (2) to be presented to Parliament without undue delay.
Where the Speaker receives no such report on the Bill within the
time provided in clause (2), or any extension thereof granted
under clause (4), it shall be conclusively presumed that the
Council is of the opinion that no provision of the Bill would, if
enacted, be a differentiating measure.
(6) No Bill to which
this article applies shall be presented to the President for
assent unless it is accompanied by a certificate under the hand of
the Speaker stating that
(a) in the opinion of the Council no
provision of the Bill would, if enacted, be a differentiating
measure;
(b) no report having been received from the Council
within the time prescribed or any extension thereof, the Council
is presumed to be of the opinion that no provision of the Bill
would, if enacted, be a differentiating measure; or
(c)
notwithstanding the opinion of the Council that some specified
provision of the Bill would, if enacted, be a differentiating
measure, a motion for the presentation of the Bill to the
President for assent has been passed by the affirmative vote of
not less than two-thirds of the total membership of
Parliament.
(7) This article shall not apply to
(a) a Money
Bill;
(b) a Bill certified by the Prime Minister as being one
which affects the defence or the security of Singapore or which
relates to public safety, peace or good order in Singapore; or
(c)
a Bill certified by the Prime Minister to be so urgent that it is
not in the public interest to delay its enactment.
(8) A Bill
shall be deemed to be a Money Bill if the Speaker certifies in
writing that, in his opinion, it is a Bill to which the definition
of "Money Bill" contained in Article 68
applies. No Money Bill shall be presented to the President for
assent, unless it is accompanied by the Speaker's certificate
which shall be conclusive for all purposes and shall not be open
to question in any court.
Article
79 Functions of Council in Regard to Bills Enacted on a
Certificate of Urgency
(1) Where the President assents
to a Bill which has been certified as urgent by the Prime Minister
under Article 78
(7), it shall nevertheless be the duty of the Speaker to cause
an authenticated copy of the Act to be sent as soon as may be to
the Council.
(2) The Council shall thereupon consider the Act
and shall, within 30 days of the date on which the Act was sent to
the Council, make a report to the Speaker stating whether or not
in the opinion of the Council any and, if so, which provision of
the Act is a differentiating measure.
(3) The Speaker shall
cause any such report to be presented to Parliament as soon as
possible.
Article
80 Functions of Council in Regard to Subsidiary Legislation
(1)
An authenticated copy of every piece of subsidiary
legislation
shall be sent to the Council by the appropriate Minister within 14
days of the publication of such subsidiary legislation.
(2) The
Council shall thereupon consider such subsidiary legislation and
shall, within 30 days of the date on which the subsidiary
legislation was sent to the Council, make a report to the Speaker
and to the appropriate Minister, stating whether or not in the
opinion of the Council any and, if so, which provision of the
subsidiary legislation is a differentiating measure.
(3) The
Speaker shall cause every report of the Council on every piece of
subsidiary legislation to be presented to Parliament on the next
sitting day after receiving the Council's report.
(4) Where an
adverse report in respect of any provision of any subsidiary
legislation is presented to Parliament in pursuance of clause (3),
then, within 6 months after the presentation of that report,
unless either
(a) the provision has been revoked or amended by
the appropriate Minister; or
(b) Parliament has passed a
resolution confirming that provision, the appropriate Minister
shall revoke such provision and cause a notice of revocation to be
published in the Gazette.
(5) If no report on any subsidiary
legislation is received from the Council within the time provided
in clause (2), it shall be conclusively presumed that the Council
is of the opinion that no provision in such subsidiary legislation
is a differentiating measure.
Article
81 Functions of Council in Regard to Certain Written Law
(1)
The Council may examine any written law in force on 9 Jan 1970 and
may make a report in regard to any provision in such written law
which, in the opinion of the Council, is a differentiating
measure.
(2) The Council shall send such report to the Speaker
and the Speaker shall cause such report to be presented to
Parliament as soon as possible.
(3) In the case of a report on
any subsidiary legislation, the Council shall also cause a copy of
the report to be sent to the appropriate Minister.
Article
82 Duties of Chairman
(1) The Council shall meet on the
summons of the Chairman.
(2) The Chairman, if present, shall
preside at all meetings of the Council.
(3) Whenever the office
of Chairman is vacant or the Chairman for any reason is unable to
attend, some other member shall be elected by the Council to act
as Chairman.
Article
83 Quorum and Voting
(1) The Council shall not transact
any business unless a quorum of 8 members, including the Chairman
or member presiding, is present.
(2) Any decision of the
Council shall be made by a majority of the votes of the members
present and voting.
(3) The Chairman or member presiding shall
have an original vote but not a casting vote.
(4) If upon any
question before the Council the votes of the members are equally
divided, the motion shall be deemed to be lost.
Article
84 Proceedings of Council to be in Private
The proceedings
of the Council shall be conducted in private and the Council shall
not be entitled to hear objectors or examine witnesses in regard
to any Bill or law which is being considered by the Council in
pursuance of the provisions of this
Part.
Article
85 Council's Report
In reporting the opinion of the Council
under the provisions of this Part, the Council shall state
(a)
either that the report is unanimous or the number of votes for and
against it; and
(b) in the case of an adverse report, the
grounds on which the Council has reached its conclusion.
Article
86 Validity of Proceedings Notwithstanding Vacancy in
Membership
Subject to Article 83
(1), the Council shall not be disqualified for the transaction
of business by reason of any vacancy among the members thereof;
and any proceedings therein shall be valid notwithstanding that
some person who was not entitled to do so took part in those
proceedings.
Article
87 Attendance of Minister, etc.
Any Minister, Minister of
State or Parliamentary Secretary specially authorized by the Prime
Minister for this purpose shall be entitled to attend and take
part in the proceedings of the Council as if he were a member but
shall not have the right to vote in the Council.
Article
88 Power of Council to Make Rules Regulating Procedure
Subject
to the provisions of this Constitution, the Council may make rules
with respect to the regulation and conduct of its proceedings and
the despatch of its business but rio such rules shall have effect
until they have been approved by the President.
Article
89 Annual Report
(1) Once in every year it shall be the
duty of the Council to compile and present to the President a
report on the work of the Council during the preceding 12
months.
(2) The President shall cause such report to be
presented to Parliament as soon as possible.
Article
90 Salaries and Fees
(1) There shall be paid to the
Chairman and the other members such salaries and fees as may be
determined by the President.
(2) The salaries and fees payable
under clause (1) shall be defrayed out of moneys provided by
Parliament.
Article
91 Appointment of Staff
The Council shall have power to
appoint a Secretary to the Council and such other officers as may
be required to enable the Council to carry out its functions under
this Part.
Article
92 Power to Make Rules Generally
The President may make
rules for the conduct of business between the Council and
Parliament and between the Council and any authority empowered to
make subsidiary legislation, and generally for carrying out the
purposes of this Part.
Article
93 Judicial Power of Singapore
The judicial power of
Singapore shall be vested in a Supreme Court and in such
subordinate courts as may be provided by any written law for the
time being in force.
Article
93a Jurisdiction to Determine Questions as to Validity of
Presidential Election
(1) All proceedings relating to
the election of the President shall be heard and determined by the
Chief Justice or by a Judge of the Supreme Court nominated by the
Chief Justice for the
purpose (referred to in this Constitution
as the Election Judge).
(2) The Election Judge shall have the
power to hear and determine and make such orders as provided by
law on proceedings relating to the election of the President, and
the decision of the Election Judge in any such proceedings shall
be final.
(3) The procedure and practice in proceedings
relating to the election of the President shall be regulated by
rules which may be made by the Rules Committee constituted and
appointed under section 80 of the Supreme Court of Judicature Act.
Article
94 Constitution of Supreme Court
(1) The Supreme Court
shall consist of the Court of Appeal and the High Court with such
jurisdiction and powers as are conferred on those Courts by this
Constitution or any written law.
(2) The office of a Judge of
the Supreme Court shall not be abolished during his continuance in
office.
(3) A person qualified for appointment as a Judge of
the Supreme Court or a person who has ceased to hold the office of
a Judge of the Supreme Court may be appointed as the Chief Justice
in accordance with Article 95,
or may sit as a Judge of the High Court or as a Judge of Appeal,
if designated for the purpose (as occasion requires) in accordance
with Article 95,
and such person shall hold office for such period or periods as
the President, if the President, acting in his discretion, concurs
with the advice of the Prime Minister, shall direct.
(4) In
order to facilitate the disposal of business in the Supreme Court,
the President, if he, acting in his discretion, concurs with the
advice of the Prime Minister, may appoint a person qualified for
appointment as a Judge of the Supreme Court to be a Judicial
Commissioner of the Supreme Court in accordance with Article 95
for such period or periods as the President thinks fit; and a
Judicial Commissioner so appointed may, in respect of such class
or classes of cases as the Chief Justice may specify, exercise the
powers and perform the functions of a Judge of the High Court.
Anything done by a Judicial Commissioner when acting in accordance
with the terms of his appointment shall have the same validity and
effect as if done by a Judge of that Court and, in respect
thereof, he shall have the same powers and enjoy the same
immunities as if he had been a Judge of that Court.
(5) For the
purposes of Clause (4), the President may appoint a person
qualified for appointment as a Judge of the Supreme Court to be a
Judicial Commissioner to hear and determine a specified case only.
Article
95 Appointment of Judges of Supreme Court
(1) The Chief
Justice, the Judges of Appeal, and the Judges of the High Court
shall be appointed by the President if he, acting in his
discretion, concurs with the advice of the Prime Minister.
(2)
Before tendering his advice as to the appointment under clause (1)
of a Judge, other than the Chief Justice, the Prime Minister shall
consult the Chief Justice.
(3) This article shall apply to the
designation of a person to sit as a Judge of the High Court or as
a Judge of Appeal under Article 94
(3) and to the appointment of a Judicial Commissioner of the
Supreme Court under Article 94
(4) as it applies to the appointment of a Judge of the High
Court other than the Chief Justice.
Article
96 Qualifications of Judges of Supreme Court
A person is
qualified for appointment as a Judge of the Supreme Court if he
has for an aggregate period of not less than 10 years been a
qualified person within the meaning of
section 2 of the Legal
Profession Act or a member of the Singapore Legal Service, or
both.
Article
97 Oath of Office of Judges and Judicial Commissioners of Supreme
Court
The Chief Justice and every person appointed or
designated to sit as a Judge of the High Court or a Judge of
Appeal or appointed as a Judicial Commissioner of the Supreme
Court shall, before he enters on the execution of his office,
take, in the presence of the President, the Oath of Office in the
form set out in the First
Schedule.
Article
98 Tenure of Office and Remuneration of Judges of Supreme
Court
(1) Subject to this article, a Judge of the
Supreme Court shall hold office until he attains the age of 65
years or such later time not being later than 6 months after he
attains that age, as the President may approve.
(2) A Judge of
the Supreme Court may at any time resign his office by writing
under his hand addressed to the President, but shall not be
removed from office except in accordance with clauses (3), (4) and
(5).
(3) If the Prime Minister, or the Chief Justice after
consulting the Prime Minister, represents to the President that a
Judge of the Supreme Court ought to be removed on the ground of
misbehavior or of inability, from infirmity of body or mind or any
other cause, to properly discharge the functions of his office,
the President shall appoint a tribunal in accordance with clause
(4) and shall refer that representation to it; and may on the
recommendation of the tribunal remove the Judge from office.
(4)
The tribunal shall consist of not less than 5 persons who hold or
have held office as a Judge of the Supreme Court, or, if it
appears to the President expedient to make such an appointment,
persons who hold or have held equivalent office in any part of the
Commonwealth, and the tribunal shall be presided over by the
member first in the following order, namely, the Chief Justice
according to their precedence among themselves and other members
according to the order of their appointment to an office
qualifying them for membership (the older coming before the
younger of two members with appointments of the same date).
(5)
Pending any reference and report under clause (3), the President
may, if he, acting in his discretion, concurs with the
recommendation of the Prime Minister and, in the case of any other
Judge, after consulting the Chief Justice, suspend a Judge of the
Supreme Court from the exercise of his functions.
(6)
Parliament shall by law provide for the remuneration of the Judges
of the Supreme Court and the remuneration so provided shall be
charged on the Consolidated Fund.
(7) Subject to this article,
Parliament may by law provide for the terms of office of the
Judges of the Supreme Court, other than their remuneration.
(8)
The remuneration and other terms of office (including pension
rights) of a Judge of the Supreme Court shall not be altered to
his disadvantage after his appointment.
(9) Notwithstanding
clause (1), the validity of anything done by a Judge of the
Supreme Court shall not be questioned on the ground that he had
attained the age on which he was required to retire.
(10) The
President may in his discretion grant leave of absence from his
duties to the Chief Justice and, acting on the advice of the Chief
Justice, to any other Judge of the Supreme Court.
Article
99 Restriction on Parliamentary Discussion of Conduct of a Judge
of Supreme Court
The conduct of a Judge of the Supreme
Court or a person designated to sit as such Judge or a Judicial
Commissioner shall not be discussed in Parliament except on a
substantive motion
of which notice has been given by not less
than one-quarter of the total number of the Members of Parliament.
Article
100 Advisory Opinion
(1) The President may refer to a
tribunal consisting of not less than 3 Judges of the Supreme Court
for its opinion any question as to the effect of any provision of
this Constitution which has arisen or appears to him likely to
arise.
(2) Where a reference is made to a tribunal under Clause
(1), it shall be the duty of the tribunal to consider and answer
the question so referred as soon as may be and in any case not
more than 60 days after the date of such reference, and the
tribunal shall certify to the President, for his information, its
opinion on the question referred to it under Clause (1) with
reasons for its answer, and any Judge in the tribunal who differs
from the opinion of the majority shall in like manner certify his
opinion and his reasons.
(3) The opinion of the majority of the
Judges in the tribunal shall, for the purposes of this article, be
the opinion of the tribunal, and every such opinion of the
tribunal shall be pronounced in open court.
(4) No court shall
have jurisdiction to question the opinion of any tribunal or the
validity of any law, or any provision therein, the Bill for which
has been the subject of a reference to a tribunal by the President
under this article.
Article
101 Continuance of Existing Judges
In this part, "office",
in relation to a Judge of the Supreme Court, means the office as
Chief Justice, Judge of Appeal, or Judge of the High Court, as the
case may be.
[Title 1 Public Service Commission]
Article
102 Public Services
(1) For the purposes of this
Constitution and except as hereinafter in this Part provided, the
public services shall be
(a) the Singapore Armed Forces;
(b)
the Singapore Civil Service;
(c) the Singapore Legal Service;
and
(d) the Singapore Police Force.
(2) Except as otherwise
expressly provided by this Constitution, the qualifications for
appointments and conditions of service of persons in the public
services may be regulated by law and, subject to the provisions of
any such law, by the President.
Article
103 Interpretation
Except for the purposes of Articles 112,
114
and 115,
and except where the context otherwise requires, in the
interpretation of this Part
(a) "public service" does
not include service otherwise than in a civil capacity;
(b)
"public office" does not include the following
offices:
(i) the office of the Chief Justice;
(ii) the
office of the Attorney-General;
(iii) the office of Judge of
the Supreme Court;
(iv) the office of member of the Public
Service Commission, the Legal Service Commission, the Education
Service Commis-
sion or the Police and Civil Defence Services
Commission;
(v) the office of any police officer below the rank
of Inspector; or
(vi) any office the remuneration of the holder
of which is calculated on a daily rate, and "public officer"
shall be construed accordingly.
Article
104 Tenure of Public Office
Except as expressly provided by
this Constitution, every person who is a member of the public
service shall hold office during the pleasure of the President.
Article
105 Public Service Commission
(1) There shall be a
Public Service Commission which shall consist of a Chairman and
not less than 5 and not more than 14 other members, each of whom
shall be appointed in writing under the hand of the President, if
the President, acting in his discretion, concurs with the advice
of the Prime Minister.
(2) The Chairman shall be a citizen of
Singapore.
(3) The President may, from time to time, if he,
acting in his discretion, concurs with the advice of the Prime
Minister, appoint one or more Deputy Chairmen from among the
members of the Public Service Commission.
(4) Before tendering
his advice as to the appointment under clause (3) of a Deputy
Chairman, the Prime Minister shall consult the Chairman of the
Public Service Commission.
(5) Every Deputy Chairman appointed
under clause (3) shall hold office for such period as may be
specified in the terms of his appointment and shall cease to be
Deputy Chairman if he ceases to be a member of the Public Service
Commission.
(6) A person appointed to be a member of the Public
Service Commission shall thereafter be ineligible for appointment
to any public office.
(7) At any meeting of the Public Service
Commission, 3 members who shall include either the Chairman or one
of the Deputy Chairmen, and may include both of them, shall form a
quorum. If the quorum is present, the Commission shall not be
disqualified for the transaction of business by reason of any
vacancy among its members, and any proceeding of the Commission
shall be valid notwithstanding that some person not entitled to do
so took part therein.
(8) Before assuming the duties of his
office, the Chairman and every other member of the Public Service
Commission shall take and subscribe before the Chief Justice or
some other Judge of the Supreme Court the appropriate Oath for the
due execution of his office in the form set out in the First
Schedule.
Article
106 Disqualification for Appointment to Commission
(1)
A person shall not be appointed to be a member of the Public
Service Commission if he is, and shall cease to be a member if he
becomes
(a) a public officer;
(b) an employee of any
corporation incorporated by or under the provisions of any law for
the time being in force in Singapore other than the Companies Act
or any corresponding previous written law;
(c) a Member of
Parliament or a duly nominated candidate for election as such
Member;
(d) a member of any trade union or of any body or
association affiliated to a trade union; or
(e) the holder of
any office in any political association.
(2) Clause (1)(b)
shall not apply to any person who is a member of the teaching
staff of any university established by or under any written law.
Article
107 Tenure of Office
(1) Subject to Article 106,
every member of the Public Service Commission shall, unless he
earlier resigns his office by writing under his hand addressed to
the President or is removed therefrom under this article, hold
office for a period of 5 years from the date of his appointment,
but shall be eligible for reappointment: Provided that a member,
other than the Chairman may be appointed to hold office for any
shorter period of not less than 3 years.
(2) If the Prime
Minister, or the Chairman of the Public Service Commission after
consulting with the Prime Minister, represents to the President
that a member of the Public Service Commission ought to be removed
from office for inability to discharge the functions of his office
(whether arising from infirmity of body or mind or any other
cause) or for misbehavior, the President shall, if he, acting in
his discretion, concurs with that representation, refer that
representation to a tribunal consisting of the Chief Justice and
two other Judges of the Supreme Court nominated for that purpose
by the Chief Justice and shall, if that tribunal so recommends,
remove that member from office by writing under his hand.
(3)
The tribunal constituted under clause (2) shall regulate its own
procedure and may make rules for that purpose.
Article
108 Terms of Service of Chairman and Members of Commission
(1)
The Chairman and other members of the Public Service Commission
shall be paid such salary and allowances as may, from time to
time, be determined, and such salary and allowances shall be
charged on and paid out of the Consolidated Fund.
(2) Subject
to the provisions of this Constitution, the terms of service of
the members of the Public Service Commission may either
(a) be
prescribed by or under any law made under this Constitution;
or
(b) (in so far as they are not prescribed by or under any
such law) be prescribed by the President.
(3) The terms of
service of any member of the Public Service Commission shall not
be altered to his disadvantage during his continuance in
office.
(4) For the purposes of clause (3), in so far as the
terms of service of a member of the Public Service Commission
depend upon his option, any terms for which he opts shall be taken
to be more advantageous to him than any for which he might have
opted.
Article
109 Secretary to Commission
(1) There shall be a
Secretary to the Public Service Commission who shall be a person
who is a public officer and who shall be appointed by the
President in accordance with the advice of the Commission.
(2)
The Secretary to the Public Service Commission shall be
responsible, in accordance with such instructions as may be given
to him by the Chairman of the Commission, for arranging the
business for, and keeping the minutes of, the meetings of the
Commission and for conveying the decisions of the Commission to
the appropriate person or authority and shall have such other
functions as the Chairman may, from time to time, direct.
Article
110 Appointment, etc., of Public Officers
(1) Subject
to the provisions of this Constitution, it shall be the duty of
the Public Service Commission to appoint, confirm, emplace on the
permanent or pensionable establishment, promote, transfer, dismiss
and exercise disciplinary control over public officers.
(2) The
promotion of public officers shall be on the basis of official
qualifications, experience and merit.
(3) No public officer
shall be dismissed or reduced in rank under this article without
being given a reasonable opportunity of being heard.
(4) No
member of any of the services mentioned in Article 102
(1) (b) to (d) shall be dismissed or reduced in rank by an
authority subordinate to that which, at the time of the dismissal
or reduction, has power to appoint a member of that service of
equal rank.
(5) In clause (1)
- "appoint" does not
include an appointment to act in an office for two months or
less;
- "transfer" does not include transfer without
a change of rank within a department of the Government.
[Title 2 Special Service Commissions]
Article
110a Education Service Commission
(1) There shall be an
Education Service Commission which shall consist of
(a) a
Chairman (being either the Chairman or a Deputy Chairman of the
Public Service Commission) appointed in writing under the hand of
the President if the President, acting in his discretion, concurs
with the advice of the Prime Minister who shall, before tendering
such advice, consult the Chairman of the Public Service
Commission;
(b) two members of the Public Service Commission
nominated generally or specially by the Chairman of the Public
Service Commission of whom one shall be nominated as the Deputy
Chairman of the Education Service Commission; and
(c) two
persons appointed in writing under the hand of the President if
he, acting in his discretion, concurs with the advice of the Prime
Minister.
(2) It shall be the duty of the Education Service
Commission to appoint, confirm, emplace on the permanent or
pensionable establishment, promote, transfer, dismiss, and
exercise disciplinary control over all public officers in the
Education Service of the Singapore Civil Service.
Article
110b Public and Civil Defence Services Commission
(1)
There shall be a Police and Civil Defence Services Commission
which shall consist of
(a) a Chairman (being either the
Chairman or a Deputy Chairman of the Public Service Commission)
appointed in writing under the hand of the President if the
President, acting in his discretion, concurs with the advice of
the Prime Minister who shall, before tendering such advice,
consult the Chairman of the Public Service Commission;
(b) two
members of the Public Service Commission nominated generally or
specially by the Chairman of the Public Service Commission of whom
one shall be nominated as the Deputy Chairman of the Police and
Civil Defence Services Com mission; and
(c) two persons
appointed in writing under the hand of the President if he, acting
in his discretion, concurs with the advice of the Prime
Minister.
(2) It shall be the duty of the Police and Civil
Defence Services Commission to appoint, confirm, emplace on the
permanent or pensionable establishment, promote, transfer,
dismiss, and exercise disciplinary control over all public
officers in the Police Service and the Civil Defence Service,
including the transfer of such officers between those
Services.
(3) { Mended into Clause (2) by Amendment Act No.
2 1994 of 23 Sep 1994.}
(4) In this article, the reference
to the Police Service and the Civil Defence Service shall be
construed as a reference to the Singapore Police Force, the
Singapore Civil Defence Force and any other services as the
President may, after consultation with the Chairman of the Public
Service Commission, by notification in the Gazette, designate as
part of the Police Service or the Civil Defence Service.
Article
110c Education Service Commission and Police and Civil Defence
Services Commission
(1) The provisions of this article
shall have effect in relation to the Education Service Commission
and to the Police and Civil Defence Services Commission, and
"Commission" in this article shall be construed
accordingly.
(2) The Commission may, subject to such conditions
as it thinks fit, delegate to any member of the Commission, to any
public officer or other person, or to any board consisting of
public officers or other persons appointed by it, any of its
functions in respect of any grade of service, and that member,
officer, person or board shall exercise those functions under the
direction and control of the Commission.
(3) At any meeting of
the Commission, 3 members who shall include either its Chairman or
Deputy Chairman shall form a quorum; and if a quorum is present,
the Commission shall not be disqualified for the transaction of
business by reason of any vacancy among its members, and any
proceeding of the Commission shall be valid notwithstanding that
some person not entitled to do so took part therein.
(4) The
Commission may, subject to the provisions of this Constitution,
regulate its own procedure and make rules for that purpose, and
may, in connection with the discharge of its functions, confer
powers and impose duties on any person or any authority of the
Government.
(5) The Commission shall appoint the Secretary of
the Public Service Commission, or any other public officer, to be
Secretary of the Commission.
(6) The Chairman of the Commission
shall be appointed for a period of not less than 3 years and not
more than 5 years exept that
(a) he shall cease to be Chairman
if he ceases to be the Chairman or Deputy Chairman of the Public
Service Commission; and
(b) the first Chairman may be appointed
for a period of less than 3 years.
(7) Articles 105
(6), 106, 107 and 108 shall apply to a member of the
Commission appointed under Article 110a
(1) (c) or 110b
(1) (c) as they apply to a member of the Public Service
Commission.
(8) Before assuming the duties of his office, a
member of the Commission appointed under Article 110a
(1)(c) or 110b (1)(c) shall take and subscribe before the
Chief Justice or some other Judge of the Supreme Court the Oath
for the due execution of his office in the form (with necessary
modifications) applicable to a member of the Public Service
Commission as set out in the A001_First Schedule.
Article
110d Personnel Boards
(1) Subject to the provisions of
this article, the President may, on the advice of the Prime
Minister and by order in the Gazette, establish one or more
personnel boards to exercise all or any of the powers and
functions of the Public Service Commission, the Education Service
Commission, and the Police and Civil Defence Services Commission
in respect of the public officers each Commission has charge of
under Articles 110,
110a,
and 110b,
respectively.
(2) The order unter Clause (1) shall specify the
powers and functions to be exercised by a personnel board and the
class or classes of public officers in repect of which those
powers and functions may be exercised except the following:
(a)
the power to dismiss and exercise disciplinary control over all
public officers of any grade in Division I; and
(b) all powers
of the Public Service Commission in relation to public officers in
the Administrative Service and Administrative Service (Foreign
Service Branch) who hold appointments of and above significant
grade (as defined in Article 111a
(1)) in those Services, including the power to nominate
officers for appointment or promotion to that grade,
and any
power of appointment specified in the order as to be exercised by
a personnel board shall not include a power to dismiss any person
so appointed.
(3) Where the President has by order established
a personnel board under Clause (1) for the purpose of exercising
any of the powers or functions of a Commission referred to in that
clause, such power or function --
(a) may be exercised by such
personnel board notwithstanding anything in Articles 110
(1) and (4), 110a
(2), and 110b
(2); and
(b) shall, so long as it remains a power or
function to be exercised by the boards pursuant to such order,
cease to be exercisable by that Commission except to the extent
permitted under Clause (4).
(4) Subject to regulations made
under Clause (7), any person aggrieved by any decision of any
personnel board may, within such time and in such manner as may be
prescribed, appeal to the Commission referred to in Clause (1)
which would have exercised the powers of that personnel board if
this article had not been enacted, and the decision of any such
Commission shall be final.
(5) Subject to Clause (6), a
personnel board which is established to exercise any power over
officers in Division I shall consist of such persons as the
President may, on the advice of the Prime Minister, appoint,
except that the President may, acting in his discretion, refuse to
make any such appointment if he does not concur with the advice of
the Prime Minister.
(6) A person shall not be appointed to be a
member of a personnel board if he is, and shall cease to be a
member if he becomes --
(a) a Member of Parliament or a duly
nominated candidate for election as such Member;
(b) a member
of any trade union or of any body or association affiliated to a
trade union; or
(c) the holder of any office in any political
association.
(7) The President may by regulations --
(a)
provide for matters relating to the appointment of members of
personnel boards;
(b) prescribe the procedure to be followed by
the personnel boards in the exercise of their powers and
functions;
(c) prescribe the manner of appeals under Clause
(4); and
(d) modify the application of Clause (4) by providing
that appeals under that cluase shall be made first to such person
or persons as may be appointed by the President but without
prejudice to the right to appeal thereafter to a Commission.
(8)
Nothing in this article shall affect any direction or delegation
issued before the commencement of this article by the Education
Service Commission, the Police and Civil Defence Services
Commission, or the Public Service Commission under Article 110c
(2) or 116
(3), as the case may be, and this article shall not apply to
any power or function of these Commissions so long it forms the
subject of any such direction or delegation.
Article
111 Legal Service Commission
(1) There shall be a Legal
Service Commission, whose jurisdiction shall extend to all
officers in the Singapore Legal Service.
(2) The Legal Service
Commission shall consist of
(a) the Chief Justice, as
President;
(b) the Attorney-General;
(c) the Chairman of the
Public Service Commission;
(d) a Judge of the Supreme Court
nominated generally or specially by the Chief Justice; and
(e)
not more than two members of the Public Service Commission
nominated generally or specially by the Chairman of the Public
Service Commission.
(3) Subject to the provisions of any
existing law and to the provisions of this Constitution, it shall
be the duty of the Legal Service Commission to appoint, confirm,
emplace on the permanent or pensionable establishment, promote,
transfer, dismiss and exercise disciplinary control over officers
in the Singapore Legal Service.
(4) The Legal Service
Commission may delegate to any officer in the Singapore Legal
Service or to any board of such officers appointed by it any of
its functions under clause (3) in respect of any grade of service,
and that officer or board shall exercise those functions under the
direction and control of the Legal Service Commission.
(5) The
person who is Secretary to the Public Service Commission shall be
Secretary to the Legal Service Com-
mission.
Article
111a Promotion to Significant Grade
(1) The President
may, by notification in the Gazette, designate as
significant a grade each in the Administrative Service Scheme of
Service and the Administrative (Foreign Service) Scheme of Service
(referred to in this article as the significant grade), and such
notification may be subsequently amended to designate as
significant any other grade in those Schemes of Service not lower
than the grade first so designated.
(2) Notwithstanding any
other provision in the Constitution, any appointment or promotion
of a public officer to the significant grade shall be made by the
President, acting in accordance with the advice of the Prime
Minister, from public officers nominated by the Public Service
Commission.
[Title 3 Pensions, Proceedings]
Article
112 Protection of Pension Rights
(1) The law applicable
to any pension, gratuity or other like allowance (referred to in
this article as an award) granted to any public officer or to his
widow, children, dependants or personal representatives shall be
that in force on the relevant day or any later law not less
favorable to the person concerned.
(2) For the purposes of this
article, the relevant day is
(a) in relation to an award made
before 16 Sep 1963, the date on which the award was made;
(b)
in relation to an award made after 16 Sep 1963 to or in respect of
any person who was a public officer before that date, the date
immediately before that date; and
(c) in relation to an award
made to or in respect of any person who first became a public
officer on or after 16 Sep 1963, the date on which he first became
a public officer.
(3) For the purposes of this article, where
the law applicable to an award depends on the option of the person
to whom it is made, the law for which he opts shall be taken to be
more favorable to him than any other law for which he might have
opted.
Article
113 Pension ower of Public Service Commission and Legal Service
Commission
(1) Where under any written law any person
or authority has a discretion
(a) to decide whether or not any
award shall be made; or
(b) to withhold, reduce in amount or
suspend any such award that has been made, that award shall be
made and may not be withheld, reduced in amount or suspended
unless the Public Service Commission or the Legal Service
Commission, as the case may be concurs in the refusal to grant the
award or, as the case may be, in the decision to withhold, reduce
in amount or
suspend.
(2) Where the amount of any award that
may be made to any person is not fixed by law, the amount of the
award to be made to him shall be the greatest amount for which he
is eligible unless the Public Service Commission or the Legal
Service Commission, as the case may be, concurs in the making of
an award of a smaller amount.
(3) In this article, "award"
has the same meaning as in Article 112.
Article
114 Pensions, etc., to be Charged on Pension Fund, or Consolidated
Fund
Pensions, gratuities, and other like allowances
granted in respect of the public service shall be charged on and
paid out of, in the first instance, the Pension Fund established
by the Pension Fund Act 1995 and, if that Fund is deficient, the
Consolidated Fund.
Article
115 Pension Rights on Transfer
(1) Notwithstanding any
provision of this Constitution relating to the circumstances in
which a public officer may vacate his office, any public officer
may, with the consent of the Government (which consent shall not
be unreasonably withheld), relinquish his office for the purpose
of transfer to some other public office or to an office in any
other public service, and if he so relinquishes his office, his
claim to any pension, gratuity or other like allowance shall not
thereby be prejudiced.
(2) For the purposes of this article,
"other public service" has the meaning given to it by
the Pensions Act as in force immediately before the commencement
of this Constitution.
Article
116 Regulations Regarding Public Service Commission
(1)
Subject to the provisions of any written law for the time being in
force in Singapore, the President may make regulations for all or
any of the following matters:
(a) the division of public
offices into Divisions and Services;
(b) the prescribing of
Schemes regulating the recruitment, service and promotion of
members of such Services; and
(c) the conduct and discipline of
the public service.
(2) The Public Service Commission may,
subject to the provisions of this Constitution, regulate its own
procedure and make rules for that purpose, and may, in connection
with the discharge of its functions, confer powers and impose
duties on any person or any authority of the Government.
(3)
The Public Service Commission may, by directions in writing and
subject to such conditions as it thinks fit, delegate any of its
functions under Article 110
(1) to any member of the Commission, to any public officer or
other person, or to any board consisting of public officers and
other persons appointed by it or to any person who is a member of
a panel appointed by the Commission for the purposes of
representing the public in any disciplinary proceedings in respect
of any grade of the public service and that member, officer, board
or person shall exercise those functions under the direction and
control of the Public Service Commission.
Article
117 Validation of Acts Done and Rules Made by Public Service
Commission
(1) No legal proceedings whatsoever shall
lie or be instituted or maintained in any court of law for or on
account of or in respect of any act, decision or thing done or
taken by the Public Service Commission or by any member, committee
or delegate thereof or by any person acting under the authority of
the Public Service Commission during the period from 16 Sep 1963
to 19 June 1970 if done or taken in good faith in the execution of
duty or for the purpose of regulating conduct or enforcing
discipline in the public service.
(2) No legal proceedings in
respect of any such act, decision or thing which is alleged to
have been done or taken in bad faith in the execution of duty or
for the purpose of regulating conduct or enforcing discipline in
the public service during the period from 16 Sep 1963 to 19 June
1970 shall be instituted or maintained in any court of law unless
a certificate of the Attorney-General shall first have been
obtained sanctioning the institution of such legal
proceedings.
(3) In the exercise or purported exercise of any
of the powers conferred upon the Public Service Commission to
appoint, confirm, emplace on the permanent or pensionable
establishment, promote, transfer and exercise disciplinary control
over public officers, all acts or things done, exercised or
performed by the Public Service Commission or by any member,
committee or delegate thereof or by any person acting under the
authority of the Public Service Commission during the period from
16 Sep 1963 to 19 June 1970 shall be deemed to be and always to
have been within the competence and jurisdiction of the Public
Service Commission or such member, committee, delegate or person,
as the case may be, and shall be deemed to be and always to have
been validly done, exercised or performed.
(4) All rules,
regulations, orders or notifications whatsoever made during the
period from 16 Sep 1963 to 19 June 1970 by or in the name of the
Public Service Commission or any committee thereof shall be deemed
to be and always to have been validly made, notwithstanding that
any such rules, regulations, orders or notifications have been
revoked or amended or are or have been inconsistent with, or in
conflict with, or contrary to any written law or law previously in
force.
Article
118 Performance by Public Service Commission of Other
Functions
Parliament may by law provide for the exercise of
other functions by the Public Service Commission.
Article
119 Reports of Commissions
The Public Service Commission
and the Legal Service Commission shall each make an annual report
on its activities to the President and a copy of every such report
shall be presented to Parliament.
Article
120 Status of Citizen of Singapore
(1) There shall be a
status known as citizen of Singapore.
(2) The status of a
citizen of Singapore may be acquired
(a) by birth;
(b) by
descent;
(c) by registration or, before 9 Aug 1965, by
enrolment; or
(d) by naturalization.
Article
121 Citizenship by Birth
(1) Subject to this article,
every person born in Singapore after the commencement of this
Constitution shall be a citizen of Singapore by birth.
(2) A
person shall not be a citizen of Singapore by virtue of clause (1)
if at the time of his birth
(a) his father, not being a citizen
of Singapore, possessed such immunity from suit and legal process
as is accorded to an envoy of a sovereign power accredited to the
President;
(b) his father was an enemy alien and the birth
occurred in a place then under the occupation of the enemy; or
(c)
neither of his parents was a citizen of Singapore.
(3)
Notwithstanding clause (2) (c), the Government may, where
lt
considers it just and fair and having regard to all the
circumstances prevailing at the time of the application, confer
citizenship upon a person born in Singapore.
Article
122 Citizenship by Descent
(1) A person born outside
Singapore after the commencement of this Constitution shall be a
citizen of Singapore by descent if at the time of the birth his
father is a citizen of Singapore, by birth or by registration:
Provided that such person shall not be a citizen of Singapore by
descent unless his birth is registered in the prescribed manner at
the Registry of Citizens or at a diplomatic or consular mission of
Singapore within one year of its occurrence or, with the
permission of the Government, later: And provided further that
where such person is born of a father who is a citizen of
Singapore by registration at the time of the birth, he would not
acquire the citizenship of that country in which he was born by
reason of his birth in that country.
(2) A person who, being a
minor, becomes a citizen of Singapore by descent shall cease to be
a citizen of Singapore on attaining the age of 22 years unless
within 12 months after he attains the age of 21 years he takes the
Oath of Renunciation, Allegiance and Loyalty in the form set out
in the Second Schedule and where the Government so requires
divests himself of any foreign citizenship or nationality.
Article
123 Citizenship by Registration
(1) Subject to the
provisions of this Constitution, any person resident in Singapore
of or over the age of 21 years may, on application being made
therefor in the prescribed form, be registered as a citizen of
Singapore if he satisfies the Government that he
(a) is of good
character;
(b) has resided in Singapore throughout the 12
months immediately preceding the date of his application;
(c)
has during the 12 years immediately preceding the date of his
application resided in Singapore for periods amounting in the
aggregate to not less than 10 years: Provided that the Government
may exempt any applicant from compliance with this paragraph
(i)
where such applicant has during the 6 years immediately preceding
the date of his application resided in Singapore for periods
amounting in the aggregate to not less than 5 years; or
(ii)
where in any special case the Government considers fit to confer
citizenship upon such applicant;
(d) intends to reside
permanently in Singapore; and
(e) has an elementary knowledge
of one of the following languages, namely, Malay, English,
Mandarin and Tamil: Provided that the Government may exempt an
applicant who has attained the age of 45 years or who is deaf or
dumb from compliance with this paragraph.
(2) Subject to the
provisions of this Constitution, any woman who is married to a
citizen of Singapore may, on making application therefor in the
prescribed manner, be registered as a citizen of Singapore if she
satisfies the Government
(a) that she has resided continuously
in Singapore for a period of not less than two years immediately
preceding the date of the application;
(b) that she intends to
reside permanently in Singapore; and
(c) that she is of good
character.
Article
124 Registration of Minors
(1) The Government may if
satisfied that a child under the age of 21 years
(a) is the
child of a citizen of Singapore; and
(b) is residing in
Singapore, cause such child to be registered as a citizen of
Singapore on application being made therefor in the
prescribed
manner by the parent or guardian of such child.
(2) The
Government may, in such special circumstances as it thinks fit,
cause any child under the age of 21 years to be registered as a
citizen of Singapore.
Article
125 Effect of Registration
Subject to Article 126,
a person registered as a citizen of Singapore under Article 123
or 124 shall be a citizen of Singapore from the date on which
he is so registered.
Article
126 General Provisions as to Registration
(1) No person
shall be registered as a citizen of Singapore under Article 123
until he has taken the Oath of Renunciation, Allegiance and
Loyalty in the form set out in the Second Schedule.
(2) Except
with the approval of the Government, no person who has renounced
or has been deprived of citizenship of Singapore under this
Constitution or the Singapore Citizenship Ordinance 1957 shall be
registered as a citizen of Singapore under the provisions of this
Constitution.
(3) Any person who becomes a citizen of Singapore
by registration under section 13 of the Singapore Citizenship
Ordinance 1957 or Article 124
shall cease to be a citizen of Singapore on attaining the age of
22 years unless within 12 months after he attains the age of 21
years he takes the Oath of Renunciation, Allegiance and Loyalty in
the form set out in the Second Schedule.
Article
127 Citizenship by Naturalization
(1) Subject to clause
(4), the Government may, upon application made by any person of or
over the age of 21 years who is not a citizen of Singapore, grant
a certificate of naturalization to that person if the Government
is satisfied
(a) that he has resided in Singapore for the
required periods and intends, if the certificate is granted, to do
so permanently;
(b) that he is of good character; and
(c)
that he has an adequate knowledge of the national language.
(2)
The periods of residence in Singapore or the relevant part of it
which are required for the grant of a certificate of
naturalization are periods which amount in the aggregate to not
less than 10 years in the 12 years immediately preceding the date
of the application for the certificate and which include the 12
months immediately preceding that date.
(3) A person to whom a
certificate of naturalization is granted shall be a citizen of
Singapore by naturalization from the date on which the certificate
is granted.
(4) No certificate of naturalization shall be
granted to any person until he has taken the Oath of Renunciation,
Allegiance and Loyalty in the form set out in the Second Schedule.
Article
128 Renunciation of Citizenship
(1) Any citizen of
Singapore of or over the age of 21 years and of sound mind who is
also or is about to become a citizen of another country may
renounce his citizenship of Singapore by declaration registered by
the Government, and shall upon such registration cease to be a
citizen of Singapore.
(2) The Government may withhold the
registration of a declaration under this article --
(a) if the
declaration is made during any war in which Singapore is engaged;
or
(b) if the declaration is made by a person subject to the
Enlistment Act unless he has
(i) discharged his liability for
full-time service under section 12 of that Act;
(ii) rendered
at least 3 years of operationally ready national service under
section 13 of that Act in lieu of such full-time service; or
(iii)
complied with such conditions as may be determined by the
Government.
(3) This article applies to a woman under the age
of 21 years who has been married as it applies to a person of or
over that age.
Article
129 Deprivation of Citizenship
(1) A citizen of
Singapore who is a citizen by registration or by naturalization
shall cease to be such a citizen if he is deprived of his
citizenship by an order of the Government made in accordance with
this article.
(2) The Government may, by order, deprive any
such citizen of his citizenship if the Government is satisfied
that the registration or the certificate of naturalization
(a)
was obtained by means of fraud, false representation or the
concealment of any material fact; or
(b) was effected or
granted by mistake.
(3) The Government may, by order, deprive
of his citizenship
(a) any person who is a citizen of Singapore
by naturalization if the Government is satisfied
(i) that he
has shown himself by act or speech to be disloyal or disaffected
towards Singapore; or
(ii) that he has, during any war in which
Singapore is or was engaged, unlawfully traded or communicated
with an enemy or been engaged in or associated with any business
which to his knowledge was carried on in such manner as to assist
an enemy in that war; or
(b) any citizen of Singapore by
registration or by naturalization if the Government is
satisfied
(i) that he has, within the period of 5 years after
registration or naturalization, been sentenced in any country to
imprisonment for a term of not less than 12 months or to a fine of
not less than $5,000 or the equivalent in the currency of that
country, and has not received a free pardon in respect of the
offence for which he was so sentenced; or
(ii) that he has, at
any time after registration or naturalization, been engaged in any
activities which are prejudicial to the security of Singapore, or
the maintenance of public order therein, or the maintenance
therein of essential services, or in any criminal activities which
are prejudicial to the interests of public safety, peace or good
order.
(4) The Government may, by order, deprive of his
citizenship any person who is a citizen of Singapore by
naturalization if the Government is satisfied that, without the
Government's approval, he has accepted, served in or performed the
duties of any office, post or employment under the government of
any foreign country or any political subdivision thereof, or under
any agency of such a government, in any case where an oath,
affirmation or declaration of allegiance is required in respect of
the office, post or employment: Provided that a person shall not
be deprived of his citizenship under this clause by reason of
anything done before 9 Aug 1965 notwithstanding that he was at the
time a citizen of Singapore.
(5) The Government may, by order,
deprive of his citizenship any person who is a citizen of
Singapore by naturalization if the Government is satisfied that he
has been ordinarily resident in foreign countries for a continuous
period of 5 years and during that period has neither
(a) been
at any time in the service of Singapore or of an international
organization of which the Government was a member; nor
(b)
registered annually at a consulate of Singapore his intention to
retain his citizenship.
(6) The Government may, by order,
deprive of her citizenship any woman who is a citizen of Singapore
by registration under Article 123
(2) if the Government is satisfied that the marriage by virtue
of which she was registered has been dissolved, otherwise than by
death, within the period of two years beginning with the date of
the marriage.
(7) No person shall be deprived of his
citizenship under this article or under Article 130
unless the Government is satisfied that it is not conducive to the
public good that that person should continue to be a citizen of
Singapore; and no person shall be deprived of his citizenship
under clause (2) (b) or clause (3) (a) or (b) (i) or under clause
(4) or (5) or under Article 130
if the Government is satisfied that as a result of the deprivation
he would not be a citizen of any country.
Article
130 Deprivation of Citizenship of Child of Person Losing
Citizenship
Where a person has
(a) renounced his
citizenship; or
(b) been deprived of his citizenship under
Article 129
(2)(a) or 134
(1)(a), the Government may, by order, deprive of his
citizenship any child of that person under the age of 21 years who
has been registered as a citizen of Singapore pursuant to this
Constitution and was so registered as being the child of that
person or of that person's wife or husband.
Article
131 General Provisions as to Loss of Citizenship
Renunciation
or deprivation of citizenship of Singapore shall not discharge a
person from liability in respect of anything done or omitted to be
done before he ceased to he a citizen of Singapore.
Article
132 Cancellation of Enrollment as Citizen
(1) Where a
person has been enrolled as a citizen of Singapore before 9 Aug
1965 and the Government is satisfied that the enrolment
(a) was
obtained by means of fraud, false representation or the
concealment of any material fact; or
(b) was effected by
mistake,
the Government may, by order, cancel the
enrolment.
(2) Where under this article a person's enrolment as
a citizen of Singapore is cancelled, that shall not discharge him
from liability in respect of anything done or omitted to be done
before the cancellation.
Article
133 Procedure for Deprivation
(1) Before making an
order under Article 129,
132,
134
or 135, the Government shall give the person, against whom the
order is proposed to be made, notice in writing informing him of
the ground on which the order is proposed to be made and of his
right to have the case referred to a committee of inquiry under
this article.
(2) If any person to whom such notice is given
applies within such time as may be prescribed to have the case
referred to a committee of inquiry, the Government shall, and in
any other case may, refer the case to a committee of inquiry
consisting of a Chairman, who shall be a person qualified to be
appointed as a Judge of the Supreme Court, and two other members
chosen from a panel to be appointed by the Government in that
behalf.
(3) The committee of inquiry shall, on such reference,
hold an Inquiry in such manner as may be prescribed and submit a
report to the Government and the Government shall have regard to
such report in making the order.
Article
134 Deprivation of Citizenship on Acquisitioni of Foreign
Citizenship
(1) The Government may, by order, deprive a
citizen of
Singapore of his citizenship if the Government is
satisfied that
(a) he has, while of or over the age of 18
years, at any time after 6 April 1960 acquired by registration,
naturalization or other voluntary and formal act (other than
marriage) the citizenship of any country outside Singapore or
having so acquired such citizenship before the age of 18 years
continues to retain it after that age; or
(b) the citizen,
being a woman who is a citizen of Singapore by registration under
Article 123
(2), has acquired the citizenship of any country outside
Singapore by virtue of her marriage to a person who is not a
citizen of Singapore.
(2) Where the Government has made an
order under this article depriving a citizen of Singapore of his
citizenship, he shall cease to be a citizen with effect from the
date of the order.
Article
135 Deprivation of Citizenship on Exercise of Rights of Foreign
Nationals
(1) The Government may, by order, deprive a
citizen of Singapore of his citizenship if the Government is
satisfied that
(a) he has, while of or over the age of 18
years, at any time after 6 April 1960 voluntarily claimed and
exercised any rights (other than any rights in connection with the
use of a passport) available to him under the law of any country
outside Singapore being rights accorded exclusively to the
citizens or nationals of that country;
(b) he has, while of or
over the age of 18 years, at any time after 6 April 1960 applied
to the authorities of a place outside Singapore for the issue or
renewal of a passport or used a passport issued by such
authorities as a travel document; or
(c) he is of or over the
age of 18 years and has, whether before or after attaining the age
of 18 years, been ordinarily resident outside Singapore for a
continuous period of 10 years (including any period of residence
outside Singapore before 2 Jan 1986) and has not at any time
(i)
during that period or thereafter entered Singapore by virtue of a
certificate of status or travel document issued by the competent
authorities of Singapore; or
(ii) during that period been in
the service of the Government or of an international organization
of which Singapore is a member or of such other body or
organization as the President may, by notification in the Gazette,
designate.
(2) For the purposes of clause (1) (a), the exercise
of a vote in any political election in a place outside Singapore
shall be deemed to be the voluntary claim and exercise of a right
available under the law of that place.
(3) Where the Government
has made an order under this article depriving a citizen of
Singapore of his citizenship, he shall cease to be a citizen with
effect from the date of the order.
Article
136 Termination of Citizenship of Malaysia
Where a person
who was a citizen of Singapore had renounced his citizenship of
Malaysia or been deprived of his citizenship of Malaysia by the
Government of Malaysia before 9 Aug 1965, such person shall be
deemed to have renounced or been deprived of his citizenship of
Singapore under this Constitution and to have ceased to be a
citizen of Singapore.
Article
137 Deprivation of Citizenship or Cancellation of Enrollment of
Children
(1) Where a person has been deprived of his
citizenship or his enrolment as a citizen has been cancelled under
the provisions of this Part, the Government may, by order, deprive
of his citizenship or, as the case may be cancel the enrolment of
any child of that person under the age of 21 years who has been
registered or enrolled as a citizen under the provisions of this
Constitution or the Singapore Citizenship Ordinance 1957 and was
so registered or enrolled as being the child of that person or of
that person's wife or husband.
(2) No person shall be deprived
of his citizenship under clause (1) unless the Government is
satisfied that it is not conducive to the public good that he
should continue to be a citizen; and no person shall be deprived
of his citizenship under clause (1) if the Government is satisfied
that as a result of such deprivation he would not be a citizen of
any country.
[Title 3 Grant, Commonwealth Citizenship]
Article
138 Grant of Certificate of Citizenship in Cases of Doubt
Upon
application made in that behalf in the prescribed manner, the
Government may grant in the form prescribed a certificate of
citizenship to a person with respect to whose citizenship a doubt
exists, whether of fact or of law: Provided that where the
Government is satisfied that such a certificate was obtained in
circumstances set out in Article 132
(1) (a) or (b), the Government may, by order, cancel such
certificate.
Article
139 Commonwealth Citizenship
(1) In accordance with the
position of Singapore within the Commonwealth, every person who is
a citizen of Singapore enjoys by virtue of that citizenship the
status of a Commonwealth citizen in common with the citizens of
other Commonwealth countries.
(2) Any existing law shall,
except so far as Parliament otherwise provides, apply in relation
to a citizen of the Republic of Ireland who is not also a
Commonwealth citizen as it applies in relation to a Commonwealth
citizen.
Article
140 Application of Third Schedule
Until the Legislature
otherwise provides by law, the supplementary provisions contained
in the Third Schedule shall have effect for the purposes of this
Part.
Article
141 Repeal
(1) The Singapore Citizenship Ordinance 1957
is hereby repealed.
(2) Any person who immediately before the
commencement of this Constitution was, by virtue of the Singapore
Citizenship Ordinance 1957, a citizen of Singapore by birth,
descent, registration or naturalization, shall as from the
commencement of this Constitution continue, subject to the
provisions of this Constitution, to possess that status.
(3)
Where a person would have been a citizen of Singapore by descent
immediately before the commencement of this Constitution if his
birth had been registered under the provisions of the Singapore
Citizenship Ordinance 1957, he shall become a citizen of Singapore
by descent if his birth is registered at a consulate of Singapore
or with the Government in the prescribed manner within one year of
its occurrence or, with the permission of the Government,
later.
(4) Notwithstanding the repeal of the Singapore
Citizenship Ordinance 1957, where a person who has become a
citizen of Singapore was liable in respect of things done before
the commencement of this Constitution to be deprived of that
status under the Ordinance, then the Government may, by order,
deprive him of his citizenship if proceedings for that purpose are
begun during the period of two years after the commencement of
this Constitution.
(5) Where a person is liable to be deprived
of citizenship under clause (4) and proceedings had before the
commencement of this Constitution been begun to deprive him of
citizenship of Singapore under the provisions of the Singapore
Citizenship Ordinance 1957, those proceedings shall be treated as
proceedings to deprive him of citizenship under that clause and
shall be continued as such in accordance with the provisions
of
the Singapore Citizenship Ordinance 1957 in force
immediately before the commencement of this Constitution.
Article
142 Interpretation
In this Part, unless the context
otherwise requires
- "Development Fund" means the
Development-Fund established by the Development Fund Act;
-
"financial year" means a period of 12 months ending on
31st March in any year.
Article
143 No Taxation Unless Authorized by Law
No tax or rate
shall be levied by, or for the purposes of, Singapore except by or
under the authority of law.
Article
144 Restriction on Loans, Guarantees, etc.
(1) No
guarantee or loan shall be given or raised by the Government
(a)
except under the authority of any resolution of Parliament with
which the President concurs;
(b) under the authority of any law
to which this paragraph applies unless the President concurs with
the giving or raising of such guarantee or loan; or
(c) except
under the authority of any other written law.
(2) The
President, acting in his discretion, may withhold his assent to
any Bill passed by Parliament providing, directly or indirectly,
for the borrowing of money, the giving of any guarantee or the
raising of any loan by the Government if, in the opinion of the
President, the Bill is likely to draw on the reserves of the
Government which were not accumulated by the Government during its
current term of office.
(3) Clause (1)(b) shall apply to the
following laws:
(a) the Asian Development Bank Act;
(b) the
Bretton Woods Agreements Act;
(c) the Economic Development
Board Act;
(d) the External Loans Act;
(e) the Financial
Procedure Act;
(f) the International Finance Corporation
Act;
(g) the Jurong Town Corporation Act; and
(h) the Loans
(International Banks) Act.
Article
145 Consolidated Fund
There shall be in and for Singapore a
Consolidated Fund into which, subject to the provisions of any law
for the time being in force in Singapore, shall be paid all
revenues of Singapore not allocated to specific purposes by any
written law.
Article
146 Withdrawal from Consolidated Fund, etc.
(1) No
moneys shall be withdrawn from the Consolidated Fund unless they
are
(a) charged on the Consolidated Fund;
(b) authorized to
be issued by a Supply law, Supplementary Supply law, or Final
Supply law;
(c) authorized to be issued by a resolution passed
by Parliament under Article 148b
with which the President concurs; or
(d) authorized to be
issued by the Minister responsible for finance under Article 148b
(4).
(2) No moneys shall be withdrawn from the Consolidated
Fund except in the manner provided by law.
(3) Clause (1) shall
not apply to any such sums as are mentioned in Article 147
(2) (b) (i), (ii) or (iii).
(4) No moneys in the
Development Fund shall be withdrawn
(a) except for any one or
more purposes specified in any
written law, being purposes
necessary or related to the development of Singapore; and
(b)
unless authorized to be issued by a Supply law, Supplementary
Supply law, or Final Supply law or by the Minister responsible for
finance under Article 148b
(4).
Article
147 Annual Estimates of Financial Statements
(1) The
Minister responsible for finance shall, before the end of each
financial year, cause to be prepared annual estimates of revenue
and expenditure of Singapore during the succeeding financial year
which, when approved by the Cabinet, shall be presented to
Parliament.
(2) The estimates of expenditure shall show
separately
(a) the total sums required to meet expenditure
charged on the Consolidated Fund;
(b) the sums respectively
required to meet the heads of other expenditure for the public
services proposed to be met from the Consolidated Fund, except the
following sums:
(i) sums representing the proceeds of any loan
raised by the Government for specific purposes and appropriated
for those purposes by the law authorizing the raising of the
loan;
(ii) sums representing any money or interest on money
received by the Government subject to a trust and to be applied in
accordance with the terms of the trust; and
(iii) sums
representing any money held by the Government which has been
received or appropriated for the purpose of any trust fund
established by or in accordance with any written law; and
(c)
the sums respectively required to meet the heads of expenditure
proposed to be met from the Development Fund.
(3) The estimates
of revenue to be shown in the estimates shall not include any sums
received by way of zakat, fitrah and baitulmal or similar Muslim
revenue.
(4) The Minister responsible for finance shall also
present to Parliament together with the estimates of revenue and
expenditure
(a) a statement whether the annual estimates of
revenue and expenditure is likely to draw on the reserves which
were not accumulated by the Government during its current term of
office; and
(b) an audited statement showing as far as
practicable the assets and liabilities of Singapore at the end of
the last completed financial year.
(5) The Minister responsible
for finance shall, as soon as practicable after the end of every
financial year, prepare in respect of that year
(a) in relation
to accounts maintained in respect of the Consolidated Fund, a full
and particular account showing the amounts actually received and
spent in that year, and a full and particular statement showing
receipts and expenditure of any loan moneys;
(b) a statement of
receipts and expenditure of moneys accounted in the Development
Fund Account;
(c) a statement of receipts and expenditure of
moneys accounted in any Government fund created by any law;
(d)
so far as is practicable, a statement of the assets and
liabilities of Singapore at the end of the financial year;
(e)
so far as is practicable, a statement of outstanding guarantees
and other financial liabilities of Singapore at the end of the
financial year; and
(f) such other statements as the Minister
may think fit, and, after the accounts and statements referred to
in this clause have been audited, present to the President those
audited accounts and statements together with another statement
stating whether the audited accounts and statements referred to in
this clause show any drawing on or likelihood of drawing on the
reserves
of the Government which were not accumulated by the
Government during its current term of office.
Article
148 Authorization of Expenditure from Consolidated Fund and
Development Fund
(1) The heads of expenditure to be met
from the Consolidated Fund and Development Fund (other than
statutory expenditure and expenditure to be met by such sums as
are mentioned in Article 147
(2)(b)(i), (ii), or (iii)) shall be included in a Bill to be known
as a Supply Bill providing for the issue from the Consolidated
Fund and Development Fund of the sums necessary to meet that
expenditure and the appropriation of those sums for the purposes
specified therein.
(2) Wherever
(a) any moneys are expended
or are likely to be expended in any financial year upon any
service or purpose which are in excess of the sum provided for
that service or purpose by the Supply law relating to that year;
or
(b) any moneys are expended or are likely to be expended
(otherwise than by way of statutory expenditure) in any financial
year upon any new service or purpose not provided for by the
Supply law relating to that year,
supplementary estimates (or,
as the case may be, statements of excess) shall be prepared by the
Minister responsible for finance and, when approved by the
Cabinet, shall be presented to and voted on by Parliament; in
respect of all supplementary expenditure so voted, the Minister
responsible for finance may, at any time before the end of the
financial year, introduce into Parliament a Supplementary Supply
Bill containing, under appropriate heads, the estimated sums so
voted and shall, as soon as possible after the end of each
financial year, introduce into Parliament a Final Supply Bill
containing any such sums which have not yet been included in any
Supply Bill.
(2a) The Minister responsible for finance shall,
in presenting to Parliament any supplementary estimates or
statement of excess under Clause (2), also present a statement
stating whether the supplementary estimates or statement of
excess, as the case may be, is likely to draw on the reserves
which were not accumulated by the Government during its current
term of office.
(3) The part of any estimates of expenditure
presented to Parliament which shows statutory expenditure shall
not be voted on by Parliament, and such expenditure shall, without
further authority of Parliament, be paid out of the Consolidated
Fund.
(4) For the purposes of this article, "statutory
expenditure" means expenditure charged on the Consolidated
Fund or on the general revenues and assets of Singapore by virtue
of Articles 18,
22j
(3), 35
(10), 41,
42 (3), 108 (1), 114, 148e and 148f (4) or by virtue of the
provisions of any other law for the time being in force in
Singapore.
Article
148a Withholding of Assent to Supply Bill, etc.
(1) The
President may, acting in his discretion, withhold his assent to
any Supply or Supplementary Supply or Final Supply Bill for any
financial year if, in his opinion, the estimates of revenue and
expenditure for that year, the supplementary estimates or the
statement of excess, as the case may be, are likely to lead to a
drawing on the reserves which were not accumulated by the
Government during its current term of office, except that if the
President assents to any such Bill notwithstanding his opinion
that the estimates, supplementary estimates, or statement of
excess are likely to lead to a drawing on those reserves, the
President shall state his opinion in writing addressed to the
Speaker and shall cause his opinion to be published in the
Gazette.
(2) If the President withholds his assent to
any Supply Bill, Supplementary Supply Bill, or Final Supply Bill
relating to any financial year and no resolution to overrule the
President is passed by Parliament under Article 148d
within 30 days of such withholding of assent, Parliament may by
resolution authorize expenditure or supplementary expenditure, as
the case may be, (not otherwise authorized by law) from the
Consolidated Fund and Development Fund during that financial year:
Provided that
(a) where the President withholds his assent to a
Supply Bill, the expenditure so authorized for any service or
purpose for that financial year (which shall include any amount
authorized under Article 148b
(4)) shall not exceed the total amount appropriated for that
service or purpose in the preceding financial year; or
(b)
where the President withholds his assent to a Supplementary Supply
Bill or Final Supply Bill, the expenditure so authorized for any
service or purpose shall not exceed the amount necessary to
replace an amount advanced from any Contingencies Fund under
Article 148c
(1) for that service or purpose.
(3) For the purpose of
Paragraph (a) of the provisio to Clause (2), the total amount
appropriated for any service or purpose in any financial year
shall be ascertained by adding the sums appropriated for such
service or purpose by the Supply law, Supplementary Supply law,
and Final Supply law (if any) for that financial year.
(3a)
Upon the passing of a resolution under Clause (2), the Minister
responsible for finance shall introduce in Parliament a Supply
Bill, Supplementary Supply Bill, or Final Supply Bill, as the case
may be, containing, under appropriate heads, the sums so voted on
by Parliament.
(4) In forming his opinion under clause (1) in
relation to any Supplementary Supply Bill or Final Supply Bill,
the President shall not have regard to any amount for any service
or purpose included in the Supplementary Supply Bill or Final
Supply Bill which is to replace any amount advanced from any
Contingencies Fund under Article 148c
(1).
(5) For the purposes of this article and Article 148d,
where, on the expiration of 30 days after a Supply Bill,
Supplementary Supply Bill, or Final Supply Bill has been presented
to the President for his assent, the President has not signified
the withholding of his assent to the Bill, the President shall be
deemed to have given his assent to the Bill and the date of such
assent shall be deemed to be the day immediately following the
expiration of the said 30 days.
Article
148b Power to Authorize Expenditure on Account or for Unspecified
Purposes
(1) Subject to clause (3), Parliament may, by
resolution approving estimates containing a vote on account,
authorize expenditure for part of any year before the passing of
the Supply law for that year, but the aggregate sums so voted
shall be included under the appropriate heads, in the Supply law
for that year.
(2) Subject to clause (3), Parliament may, by
resolution approving a vote of credit, authorize expenditure for
the whole or part of the year, otherwise than in accordance with
Articles 147
and 148,
if, owing to the magnitude or indefinite character of any service
or to circumstances of unusual urgency, it appears to Parliament
desirable to do so.
(3) No resolution of Parliament made under
clause (1) or (2) shall have effect unless the President, acting
in his discretion. concurs therewith.
(4) If no Supply Bill has
become law by the first day of the financial year to which it
relates (whether by reason of the President withholding his assent
thereto or otherwise), the
Minister responsible for finance
may, with the prior approval of the Cabinet, authorize such
expenditure (not otherwise authorized by law) from the
Consolidated Fund, Development Fund or other Government fund as he
may consider essential for the continuance of the public services
or any purpose of development shown in the estimates until there
is a supply law for that financial year: Provided that the
expenditure so authorized for any service or purpose shall not
exceed one-quarter of the amount voted for that service or purpose
in the Supply law for the preceding financial year.
Article
148c Contingencies Funds
(1) The Legislature may by law
create a Contingencies Fund each for the Consolidated Fund and for
the Development Fund and authorize the Minister responsible for
finance to make advances from the appropriate Contingencies Fund
if
(a) he is satisfied that there is an urgent and unforeseen
need for expenditure for which no provision or no sufficient
provision has been made by a Supply law; and
(b) the President,
acting in his discretion, concurs with the making of such
advances.
(2) Where any advance is made by virtue of the
authority conferred under clause (1), a supplementary estimate of
the sum required to replace the amount so advanced shall, as soon
as practicable, be presented to and voted on by Parliament and the
sum shall be included in a Supplementary Supply Bill or Final
Supply Bill.
(3) If the Minister responsible for finance
intends to make any advance from a Contingencies Fund, he shall
present to the President a statement stating whether the proposed
advance, if replaced, is likely to draw on the reserves which were
not accumulated by the Government during its current term of
office.
(4) The President may, acting in his discretion, refuse
to concur with the making of an advance from a Contingencies Fund
which in his opinion, if replaced, is likely to draw on the
reserves which were not accumulated by the Government during its
current term of office.
Article
148d Parliament May Overrule President's Withholding of Assent to
Supply Bill
(1) Where the President withholds his
assent under Article 148a
to any Supply Bill, Supplementary Supply Bill, or Final Supply
Bill relating to any financial year contrary to the recommendation
of the Council of Presidential Advisers, Parliament may by
resolution passed by not less than two-thirds of the total number
of the elected Members of Parliament referred to in Article 39
(1)(a) overrule the decision of the President.
(2) Upon the
passing of a resolution under clause (1), the assent of the
President shall be deemed to have been given on the date of the
passing of such resolution.
Article
148e Debt Charges and Moneys Required to Satisfy Judgments
(1)
The following are hereby charged on the Consolidated Fund:
(a)
all debt charges for which the Government is liable; and
(b)
any moneys required to satisfy any judgment, decision or award
against the Government by any court or tribunal.
(2) For the
purposes of this article, "debt charges" includes
interest, sinking fund charges, repayment or amortisation of debt
and all expenditure in connection with the raising of loans on the
security of the Consolidated Fund and the service and redemption
of debt created thereby.
Article
148f Appointment of Auditor-General
(1) There shall be
an Auditor-General who shall be appointed by the President in
accordance with the advice of the Prime Minister unless the
President, acting in his discretion, does not concur with that
advice.
(2) The Prime Minister shall, before tendering any
advice under clause (1), consult the Chairman of the Public
Service Commission.
(3) It shall be the duty of the
Auditor-General to audit and report on the accounts of all
departments and offices of the Government, the Public Service
Commission, the Legal Service Commission, the Education Service
Commission, the Police and Civil Defence Services Commission, the
Supreme Court, all subordinate courts and Parliament.
(4) The
Auditor-General shall perform such other duties and exercise such
other powers in relation to the accounts of the Government and
accounts of other public authorities and other bodies
administering public funds as may be prescribed by or under any
written law.
(5) Subject to the provisions of this article, the
Auditor-General shall hold office until he attains the age of 60
years, except that the President, acting in his discretion, may,
if he concurs with the advice of the Prime Minister, appoint an
Auditor-General who has attained that age to further hold that
office for such fixed periods as may be agreed between the
Auditor-General and the Government.
(6) A person who has held
office as Auditor-General shall not be eligible for any other
appointment as a public officer.
(7) The Auditor-General may at
any time resign his office by writing under his hand addressed to
the President.
(8) The Auditor-General may be removed from
office by the President, if the President concurs with the advice
of the Prime Minister, but the Prime Minister shall not tender
such advice except for inability of the Auditor-General to
discharge the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for misbehavior
and except with the concurrence of a tribunal consisting of the
Chief Justice and two other Judges of the Supreme Court nominated
for that purpose by the Chief Justice.
(9) The tribunal
constituted under clause (8) shall regulate its own procedure and
may make rules for that purpose.
(10) Parliament shall by
resolution provide for the remuneration of the Auditor-General and
the remuneration so provided shall be charged on the Consolidated
Fund.
(11) The remuneration and other terms of service of the
Auditor-General shall not be altered to his disadvantage during
his continuance in office.
Article
148g Duty to Inform President of Certain Transactions
(1)
It shall be the duty of the Auditor-General and the
Accountant-General to inform the President of any proposed
transaction by the Government which to their knowledge is likely
to draw on the reserves of the Government which were not
accumulated by the Government during its current term of
office.
(2) Where pursuant to clause (1) the President has been
so informed of any such proposed transaction, the President,
acting in his discretion, may disapprove the proposed
transaction.
(3) Where the President does not disapprove of any
proposed transaction under Clause (2) even though he is of the
opinion that the proposed transaction is likely to draw on the
reserves of the Government which were not accumulated by the
Government during its current term of office, the President shall
cause his decision and opinion to be published in the Gazette.
Article
148h Publication of President's Opinion Regarting Certain
Liabilities of the Government
Where the President considers
that certain liabilities of the Government, though not requiring
his approval, are likely to draw on the reserves of the Government
which were not accumulated by the Government during its current
term of office, he shall state his opinion in writing to the Prime
Minister and shall cause the opinion to be published in the
Gazette.
Part XII Special Powers Against Subversion and Emergency Powers
Article
149 Legislation Against Subversion
(1) If an Act
recites that action has been taken or threatened by any
substantial body of persons, whether inside or outside
Singapore
(a) to cause, or to cause a substantial number of
citizens to fear, organized violence against persons or
property;
(b) to excite disaffection against the President or
the Government;
(c) to promote feelings of ill-will and
hostility between different races or other classes of the
population likely to cause violence;
(d) to procure the
alteration, otherwise than by lawful means, of anything by law
established; or
(e) which is prejudicial to the security of
Singapore, any provision of that law designed to stop or prevent
that action or any amendment to that law or any provision in any
law enacted under clause (3) is valid notwithstanding that it is
inconsistent with Article 9,
11,
12, 13 or 14, or would, apart from this article, be outside
the legislative power of Parliament.
(2) A law containing such
a recital as is mentioned in clause (1) shall, if not sooner
repealed, cease to have effect if a resolution is passed by
Parliament annulling such law, but without prejudice to anything
previously done by virtue thereof or to the power of Parliament to
make a new law under this article.
(3) If, in respect of any
proceedings whether instituted before or after the commencement of
this clause, any question arises in any court as to the validity
of any decision made or act done in pursuance of any power
conferred upon the President or the Minister by any law referred
to in this article, such question shall be determined in
accordance with the provisions of any law as may be enacted by
Parliament for this purpose; and nothing in Article 22c
shall invalidate any law enacted pursuant to this clause.
Article
150 Proclamation of Emergency
(1) If the President is
satisfied that a grave emergency exists whereby the security or
economic life of Singapore is threatened, he may issue a
Proclamation of Emergency.
(2) If a Proclamation of Emergency
is issued when Parliament is not sitting, the President shall
summon Parliament as soon as practicable, and may, until
Parliament is sitting, promulgate ordinances having the force of
law, if satisfied that immediate action is required.
(3) A
Proclamation of Emergency and any ordinance promulgated under
clause (2) shall be presented to Parliament and, if not sooner
revoked, shall cease to have effect if a resolution is passed by
Parliament annulling such Proclamation or ordinance, but without
prejudice to anything previously done by virtue thereof or to the
power of the President to issue a new Proclamation under clause
(1) or promulgate any ordinance under clause (2).
(4) Subject
to clause (5) (b), while a Proclamation of Emergency is in force,
Parliament may, notwithstanding anything in this Constitution,
make laws with respect to any matter, if it appears to Parliament
that the law is required by reason of the emergency; and any
provision of this Constitu- tion (except Articles 22e,
22h,
144
(2) and 148a)
or of any written law which requires any consent or concurrence to
the passing of a law or any consultation with respect thereto, or
which restricts the coming into force of a law after it is passed
or the presentation of a Bill to the President for his assent,
shall not apply to a Bill for such a law or an amendment to such a
Bill.
(5)(a) Subject to Paragraph (b), no provision of any
ordinance promulgated under this article, and no provision of any
Act which is passed while a Proclamation of Emergency is in force
and which declares that the law appears to Parliament to be
required by reason of the emergency, shall be invalid on the
ground of inconsistency with any provision of this
Constitution.
(b) Paragraph (a) shall not validate any
provision inconsistent with
(i) Article 5
(2a);
(ii) the provisions of this Constitution specified in
Article 5
(2a) conferring discretionary powers on the President;
and
(iii) the provisions of this Constitution relating to
religion, citizenship or language.
(6) At the expiration of a
period of 6 months beginning with the date on which a Proclamation
of Emergency ceases to be in force, any ordinance promulgated in
pursuance of the Proclamation and, to the extent that it could not
have been validly made but for this article, any law made while
the Proclamation was in force, shall cease to have effect, except
as to things done or omitted to be done before the expiration of
that period.
Article
151 Restrictions on Preventive Detention
(1) Where any
law or ordinance made or promulgated in pursuance of this Part
provides for preventive detention
(a) the authority on whose
order any person is detained under that law or ordinance shall as
soon as may be, inform him of the grounds for his detention and,
subject to clause (3), the allegations of fact on which the order
is based and shall give him the opportunity of making
representations against the order as soon as may be; and
(b) no
citizen of Singapore shall be detained under that law or ordinance
for a period exceeding 3 months unless an advisory board
constituted as mentioned in clause (2) has considered any
representations made by him under paragraph (a) and made
recommendations thereon to the President.
(2) An advisory board
constituted for the purposes of this article shall consist of a
chairman, who shall be appointed by the President and who shall be
or have been, or be qualified to be, a Judge of the Supreme Court,
and two other members, who shall be appointed by the President
after consultation with the Chief Justice.
(3) This article
does not require any authority to disclose facts the disclosure of
which would, in its opinion, be against the national interest.
(4)
Where an advisory board constituted for the purposes of this
article recommends the release of any person under any law or
ordinance made or promulgated in pursuance of this Part, the
person shall not be detained or further detained without the
concurrence of the President if the recommendations of the
advisory board are not accepted by the authority on whose advice
or order the person is detained.
Article
151a Defence and Security Measures
(1) Articles 22b
(7), 22d
(6), 148g
(2) and (3), and 148h
shall not apply to any defence and security measure.
(2) For
the purpose of Clause (1), a defence and security measure means
any liability or proposed transaction which the
Prime Minister
and the Minister responsible for defence, on the recommendations
of the Permanent Secretary to the Ministry of Defence and the
Chief of Defence Force, certify to be necessary for the defence
and security of Singapore, and any certificate under the hands of
the Prime Minister and the Minister responsible for defence shall
be conclusive evidence of the matters specified therein.
Article
152 Minorities and Special Position of Malays
(1) It
shall be the responsibility of the Government constantly to care
for the interests of the racial and religious minorities in
Singapore.
(2) The Government shall exercise its functions in
such manner as to recognize the special position of the Malays,
who are the indigenous people of Singapore, and accordingly it
shall be the responsibility of the Government to protect,
safeguard, support, foster and promote their political,
educational, religious, economic, social and cultural interests
and the Malay language.
Article
153 Muslim Religion
The Legislature shall by law make
provision for regulating Muslim religious affairs and for
constituting a Council to advise the President in matters relating
to the Muslim religion.
Article
154 Impartial Treatment of Government Employees
Subject to
the provisions of this Constitution, all persons of whatever race
in the same grade of the service of the Government shall, subject
to the terms and conditions of their employment, be treated
impartially.
Article
154a Exemption
The President, acting in his discretion, may
by order in the Gazette exempt any transaction or class of
transactions, from the application of Article 144.
Article
155 Authorized Reprints of Constitution
(1) The
Attorney-General may, with the authority of the President, as soon
as may be after 4 May 1979 cause to be printed and published a
consolidated reprint of the Constitution of Singapore, as amended
from time to time, amalgamated with such of the provisions of the
Constitution of Malaysia as are applicable to Singapore, into a
single, composite document.
(2) The President may, from time to
time, authorize the Attorney-General to cause to be printed and
published an up-to-date reprint of the Constitution of the
Republic of Singapore, incorporating therein all amendments in
force at the date of such authorization.
(3) Any reprint of the
Constitution of the Republic of Singapore, printed and published
pursuant to clause (1) or (2), shall be deemed to be and shall be,
without any question whatsoever in all courts of justice and for
all purposes whatsoever, the authentic text of the Constitution of
the Republic of Singapore in force as from the date specified in
that reprint until superseded by the next or subsequent
reprint.
(4) In the preparation and compilation of any reprint
pursuant to clause (1) or (2), the Attorney-General shall have,
mutatis mutandis, the powers conferred upon the Law
Revision Commissioners by section 4 of the Revised Edition of the
Laws Act in addition to the powers conferred on him by section 38
of the Interpretation Act.
(5) In the preparation and
compilation of the consolidated reprint pursuant to clause (1),
the Attorney-General shall have the power in his discretion
(a)
to merge the existing provisions of both Constitutions,
making
thereto such modifications as may be necessary or expedient in
consequence of the independence of Singapore upon separation from
Malaysia;
(b) to re-arrange the Parts, Articles and provisions
of the Constitution of Singapore and of the Constitution of
Malaysia in such connected sequence as he thinks fit, omitting
inappropriate or inapplicable provisions, in the latter
Constitution;
(c) where provisions exist in both Constitutions
on the same subject-matter, to include in the consolidated reprint
the provisions of the Constitution of Singapore on such
subject-matter and to omit the duplicated provisions appearing in
the Constitution of Malaysia from the consolidated reprint;
and
(d) generally, to do all other things necessitated by, or
consequential upon, the exercise of the powers conferred upon the
Attorney-General by this article or which may be necessary or
expedient for the perfecting of the consolidated reprint of the
Constitution of the Republic of Singapore.
Article
156 Date of Coming Into Operation of the Constitution
Subject
to the provisions of Part
XIV, this Constitution shall come into operation immediately
before 16 Sep 1963.
Part XIV Transitional Provisions
Article
157 Existing Standing Orders
The Standing Orders of the
Legislative Assembly established by the Singapore (Constitution)
Order in Council 1958 which are in force immediately before the
commencement of this Constitution shall, subject to amendment or
revocation under Article 52,
be the Standing Orders of Parliament.
Article
158 Public Officers to Continue in Office
Subject to the
provisions of this Constitution every person who immediately
before the commencement of this Constitution holds a public office
shall on its commencement continue to hold the like office in the
public service.
Article
159 Terms of Service of Persons who Continue in Office
(1)
Except where other provision is made by this Constitution, any
person who holds any office as from the commencement of this
Constitution by virtue of having been the holder of any office
immediately before its commencement shall, as from its
commencement, be entitled to the same terms of service as were
applicable to him immediately before its commencement, and those
terms, in so far as they relate to remuneration, shall not be
altered to his disadvantage during his continuance in the public
service thereafter.
(2) For the purposes of this article, in so
far as the terms of service of any person depend upon his option,
any terms for which he opts shall be taken to be more advantageous
to him than any for which he might have opted.
Article
160 Succession to Property
(1) Subject to this article,
all property and assets which immediately before the commencement
of this Constitution were vested in Her Majesty for the purposes
of the State of Singapore shall on its commencement vest in the
State of Singapore.
(2) Subject to the provisions of this
Constitution, any land in the State of Singapore which immediately
before the commencement of this Constitution was vested in Her
Majesty shall on its commencement vest in the State of
Singapore.
(3) Any property which was immediately before the
commencement of this Constitution liable to escheat to Her Majesty
in respect of the Government shall on it
commencement be liable
to escheat to the State of Singapore.
Article
161 Rights, Liabilities, and Obligations
(1) All
rights, liabilities and obligations of Her MaJesty in respect of
the Government shall on and after the commencement of this
Constitution be rights, liabilities and obligations of the State
of Singapore.
(2) In this article, rights, liabilities and
obligations include rights, liabilities and obligations arising
from contract or otherwise, other than rights to which Article 160
applies.
Article
162 Existing Laws
Subject to this article, all existing
laws shall continue in force on and after the commencement of this
Constitution and all laws which have not been brought into force
by the date of the commencement of this Constitution may, subject
as aforesaid, be brought into force on or after its commencement,
but all such laws shall, subject to this article, be construed as
from the commencement of this Constitution with such
modifications, adaptations, qualifications and exceptions as may
be necessary to bring them into conformity with this Constitution.
Article
163 Person Holding Office of President Immediately Prior to 13 Nov
1991 to Continue
(1) The person holding the office of
President immediately prior to 30 Nov 1991 shall continue to hold
such office for the remainder of his term of office and shall
exercise, perform and discharge all the functions powers and
duties conferred or imposed upon the office of President by this
Constitution as amended by the Constitution of the Republic of
Singapore (Amendment) Act 1991 (referred to in this article as the
Act), as if he had been elected to the office of President by the
citizens of Singapore, except that if that person vacates the
office of President before the expiration of his term of office, a
poll shall be conducted for the election of a new President within
6 months from the date the office of President became vacant.
(2)
The Act shall not affect the appointment of any person made before
30 Nov 1991 and that person shall continue to hold his office as
if he had been appointed in accordance with the provisions of this
Constitution as amended by the Act.
(3) This Constitution as
amended by the Act shall have effect subject to the following
modifications:
(a) the initial term of office of the Government
shall be the period beginning from 30 Nov 1991 and ending on the
date immediately before the Prime Minister and Ministers first
take and subscribe the Oath of Allegiance in accordance with
Article 27
after the first general election following that date;
(b)
Articles 22b
and 22d
shall apply from the first financial year of a statutory board or
Government company beginning not less than 3 months after that
date;
(c) in relation to the first financial year of a
statutory board or Government company beginning not less than 3
months after that date, any reference in Articles 22b
and 22d
to the approved budget of the preceding financial year of the
statutory board or Government company shall, in the absence of
such a budget, be read as a reference to the budget of that
preceding financial year; and
(d) Article 148a
shall apply in respect of the first financial year of the
Government beginning on or after that date as if the resolution of
Parliament authorizing expenditure from the Development Fund for
the preceding financial year forms part of the Supply law or Final
Supply law for such preceding financial year.
© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.
