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Singapore - Constitution
Complete text for Articles 1-101 and a portion of Article 102.
Includes 1993 and 1994 Amendments.
Articles 103-162 omitted.
{ Adopted on: 16 Sep 1963 }
{ ICL Document Status: 24 March 1995 }
Part I Preliminary
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.
Part IV Fundamental Liberties
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.
Part V The Government
Chapter 1 The President
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.
Chapter 2 The Executive
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.
Part VI The Legislative
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.
Part VIII The Judiciary
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.
Part IX The Public Service
[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.
Part X Citizenship
[Title 1 Acquisition]
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.
[Title 2 Loss]
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.
Part XI Financial Provisions
[Title 1 Consolidated Fund]
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.
[Title 2 Expenditure]
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.
[Title 3 Auditor-General]
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.
Part XIII General Provisions
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 - 15 Sep. 1998 / For corrections please contact A. Tschentscher.