E.W. Barker
Singapore
“Mr Deputy Speaker, Sir, I beg to move, "That the Bill be now read a Second time." This is a simple Bill which seeks to amend section 33 of the Land Acquisition Act on the amount of compensation payable to owners of land compulsorily acquired under the Act.”
“For the five-year period from 1st July, 1981 to 30th June, 1986, the HDB demolished a total of 8,098 units. As the HDB's new accounting system was only implemented from 1st April, 1985, the Board does not have ready information on the value of flats demolished prior to 1st April, 1985. RELOCATION OF CREMATORIUMS 4.”
“The HDB did not allocate any MP's office to the previous PAP MPs for Anson and Potong Pasir constituencies. NUMBER OF H.D.B. UNITS DEMOLISHED 3.”
“I would not know. Why don't you ask them? I don't know. Sir, to put things in a nutshell, it is the legal profession amongst all the professions that help in the administration of Singapore. Doctors help to cure you of diseases.”
“I am not saying it's wrong. I am not telling you stories. I am relating. So they decided to take us on. When we went into Select Committee, the first day and the later part of the second day, there was confrontation between the Committee and the lawyers.”
“As the Member for Anson would know, the Minister for Law is not in charge of prosecutions or the conduct of any criminal proceedings in court, nor does he give any directives on these matters.”
The complete record
Every one of 2,152 lines we hold for E.W. Barker, in date order, each linked to its source. Free to read, in full, without an account. Page 39 of 44.
“As for entrenchment, I am glad that most Members are in favour of the first two methods and against the third. As regards land acquisition, it is satisfying to note that there are hardly any Members against Government acquisition of public property as provided for in our recent Land Acquisition Act. Mr Speaker, Sir, I propose to deal separately and in more detail with some of the four major recommendations. But before I do so, I would first like to dispose of some minor ones. As for the judges, the Prime Minister has set out Government's views that we are against a small body of men perpetuating themselves forever. I do not think I need say much more. As for our Public Service Commission, I stated in December last that the Government agrees that the Chairman and members of the Commission should be persons who can demand the respect and enjoy the confidence of all sections of the population and should not be members of any political Party. There is one minor recommendation which I must deal with, and that is with regard to the secrecy of voting. The Commission recommended at page 12, paragraph 43, that ballot papers should not be numbered. There is a provision in the Elections Ordinance which says that each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face. The Commission feels that this is inconsistent with the right of secrecy of the vote. There must be some good reasons for having numbers, and this provision has survived many a protest. The reason is obvious. If ballot papers have no numbers, there is a possibility of fraud. Who is to know how many ballot papers have been issued?”
“And to them I would like to express my deep gratification. Mr Speaker, I shall now turn to the Report itself and also deal, as far as I can in the limited time available, with some of the arguments that have been put forth in this House. The Report is a unanimous one, though it was a non-Party Commission, and almost every minority group in Singapore was represented thereon, whether by race, religion, or language. Members of this House, however, certainly do not appear to have unanimous views. Even on the major representations of the Commission some are for the Ombudsman, like the Member for Choa Chu Kang, who has very ably put forward, I must say, arguments for commencing such an institution in Singapore. The Member for Punggol wants more than one Ombudsman. He feels that two heads are better than one and he says three are even better still. But perhaps he has forgotten that there are 49 Ombudsmen in this House. There are others who feel, of course, like the Government does, that the time has not yet come for us to have an Ombudsman. As for the Council of State, some are in favour and they share the Government's views on the Council's composition and function. Others say, "Throw it out." And at one stage, Mr Speaker, certain Members even threatened to move an amendment to my motion before the House. They agree that we should have a Council of State, but they are afraid that it will, with the passage of time, develop and become a second Upper House. At the outset, I would like to assure Members that as long as we are the Party in power, this Council of State will not become a second Upper House - a Senate if you like. I myself would prefer to call it the President's Council and not the Council of State.”
“Raffles Lighthouse was erected 35 years later, and on the plaque commemorating the occasion were inscribed Latin words describing Singapore as "Opportunissimo sito" - an opportune site or a well selected site. And below the Latin words appears an inscription in English, and I would like to read it to the House, Sir. It reads: `Raffles Lighthouse, erected in the Year of our Lord 1854 by the Honourable East India Company and dedicated to the memory of Sir Stamford Raffles, the founder of Singapore, to whose liberal and comprehensive policy this Settlement is indebted for its free port and the unrivalled position it now holds as an emporium in the Indian Seas-Colonel Butterworth, Governor of the Prince of Wales Island, Singapore and Malacca.' Mr Speaker, Sir, whoever wrote those words saw far into the future, and as the Commission reports, I quote: `We find today a small island nation situated geographically at the Southern-most end of the Malay Peninsula, strategically located as a vital trade link between China, Japan and America to the East, India, Africa and Europe to the West, and Australia, New Zealand and Indonesia to the South. We also find a nation comprising people of many races, speaking many languages and practising many religions.' This leads me, Mr Speaker, to my second question: how can we preserve all this? It was with this object in mind that the Commission on Minority Rights was appointed. They have given us their Report, which has been debated for nearly two days. It is significant that I, as a member of one of the smallest minority racial groups in Singapore, have been given the privilege to wind up this debate. This privilege has, of course, been courteously extended to me by my colleagues, most of whom belong to the majority race in Singapore.”
“Mr Speaker, Sir, many religions are represented here. We have Muslims, Christians, Hindus, Buddhists, some free thinkers, of course, and others. If one looks up at the Gallery, one will find also a multi-racial crowd. This is fairly representative of the city. There is a sound system in this House and every seat is supplied with an earphone so that the occupier can listen to the speeches in one of the four official languages that are spoken here. Mr Speaker, Sir, this is a unique situation, but we have had it for some time now and we are inclined to take things for granted. Two questions arise. First, how did all this come about? Second, how can we preserve this forever? To answer these questions, one has to go back to the history of Singapore. Sir Stamford Raffles, as we all know, came here in 1819 and founded Singapore. He called it, or it was called, Singapura or the Lion City, though there were no lions here. And even the tigers have disappeared across the Causeway! But at that time, as the Commissioners pointed out, this island was covered "with thick jungle and mangrove swamp with a few inhabitants living near the river mouths'. I believe my colleague, the Minister for Culture, can trace his history to one of the few who were then in Singapore.”
“Mr Speaker, Sir, this debate on the Report of the Constitutional Commission on Minority Rights is one of the most important, and perhaps the most important, of the many debates that have taken place in Parliament. I am grateful to all Members who have spoken and given their views. The debate itself touches upon the protection of minority rights in our cosmopolitan city and will always be remembered in the annals of the history of Singapore. It is in this House that the debate is taking place, and I feel that it would be appropriate and instructive for us to look around this Chamber and see who and what are within the four walls of this House. I cast my eye first on you, Mr Speaker. You come from a member of the minority race. I then look at your Clerks; one is from a minority race and the other is a representative of the majority race. I look around the House and I see mostly Chinese. I see a few Indians, a few Malays, and even fewer Eurasians. As for the Members they all belong to one Party, though some sit on the Opposition Benches. They only do so because the previous occupiers chose to shirk their duties and abandon their constituencies. An hon. Member: Shame!”
“I shall be grateful if you will do so now, Sir.”
“With your permission, Sir, and that of Members present here, I would like to move the adjournment motion now. ADJOURNMENT Resolved, "That Parliament do now adjourn." -[Mr Barker] Adjourned accordingly at half-past Six o'clock p.m.”
“I do not like to interrupt the Minister of State for Education, hut if Members of the House and you, Sir, feel, like me, that this is a convenient time to adjourn. I would like to move accordingly. Hon. Members indicated assent. ADJOURNMENT Resolved, "That Parliament do now adjourn." - [Mr Barker] Adjourned accordingly at Nineteen minutes past Six o'clock p.m.”
“Sir, at the moment there are about 400 to 500 flats occupying an area of about 46 acres. REPORT OF CONSTITUTIONAL COMMISSION, 1966 Order read for resumption of debate on Question [14th March, 1967], "That this House takes note of the Report of the Constitutional Commission, 1966, presented to this House as Command Paper No. 29 of 1966, and endorses the Government's views thereon as set out in the Statement by the Minister for Law and National Development made at the sitting of this House on 21st December, 1966.". - [Mr E. W. Barker] Question again proposed.”
“The answer to the question is "Yes". The Lorong Limau area is urgently required not for industrialisation projects but for re-development purposes. The Housing and Development Board will be commencing redevelopment as soon as the area is cleared. The reasons for redeveloping this area are threefold. Firstly, the area is frequently subject to floods. Secondly, with the redevelopment of the area, there will be better utilisation of the land to house many more families than the number of people that are at present residing there. Thirdly, the one-storey Housing Board flats there are very old and in very poor condition, resulting in high maintenance costs. The answer to the second part of the question is that no notice to quit has as yet been served on the residents of the Housing Board flats affected in this area, and I hope that no eviction will be necessary. Those residents who co-operate and move out of these Housing Board flats will be offered suitable alternative accommodation in other Housing Board estates. In fact, some have already moved and we hope that it will not be necessary to issue notices to quit on the others.”
“No, Tanjong Pagar is more than one square mile. Or is it seven square miles like Tanglin? The bigger your area, the more money you get. The more people you have, the more money you get. If you are in the urban area, you do not need much help. If you are in the rural area, you need more help. So with this fixed sum of money, it is not the Chairman of the U.R.S.C. but this committee of experts --- 7.45 p.m.”
“I think some Members of this House are directing their complaints to the wrong source. It is not the Chairman of the U.R.S.C. who is responsible. It is the Minister for Finance. Certain funds are allocated every year and they are divided on three basic principles. One, whether the area is rural or urban, or whether it is semi-urban like Tanglin. Two, how many people live in that district? Three, how big is this district? Is it just one square mile like Kreta Ayer or --- An hon. Member: Tanjong Pagar.”
“Mr Speaker, Sir, I beg to move, That this House do now adjourn. Question proposed. URBAN AND RURAL SERVICES PROJECTS 7.16 p.m.”
“Mr Speaker, Sir, I beg to move the motion standing in my name, That this House takes note of the Report of the Constitutional Commission, 1966, presented to this House as Command Paper No. 29 of 1966, and endorses the Government's views thereon as set out in the Statement by the Minister for Law and National Development made at the sitting of this House on 21st December, 1966. Mr Speaker, in my Statement made in this House on the 21st December, 1966, I set out Government's views on the recommendations of the Commission, and I do not propose at this stage to say anything further. I do hope that most Members of this House will speak on this motion and let their views be known. In particular, I hope that Ministers will also take the Floor. Sir, I beg to move. Question proposed. [Mr Tang See Chim in the Chair] 7.00 p.m.”
“Mr Speaker, Sir, subject to your consent and the general assent of the House, under Standing Order 98 I beg to move, That notwithstanding the provisions of Standing Order 1 (5) , the Moment of Interruption at this day's sitting be 7.15 p.m. instead of 8.00 p.m., and notwithstanding the provisions of Standing Order 1 (3) , the time appointed for the termination of the sitting be 7.45 p.m. instead of 8.30 p.m.”
“The Parliamentary Secretary to the Minister for National Development (Mr Ho Cheng Choon) (for the Minister for Law and National Development): Mr Speaker, Sir, it has already been the practice of the Housing and Development Board to offer to families who have been given notice to quit State land alternative choices of locality where flats are available. However, there have been cases where applicants insist on a particular flat in a particular estate. Obviously, it has not been possible to satisfy most of such requests. NATIONAL SERVICE (AMENDMENT) BILL Order read for resumption of debate on Question [13th March, 1967], "That the Bill be now read a Second time." Question again proposed. 2.46 p.m.”
“The Bukit Timah Flood Alleviation Scheme is being implemented in two stages - Phase 1 and Phase 2. The Government has approved the implementation of the Phase 1 Scheme at an estimated cost of $6,840,000. Approval of the Phase 1 Scheme involves the construction of an entirely new canal which will divert the storm water from Upper Bukit Timah and Sungei Namly catchments, starting at about the 6th milestone Bukit Timah Road to join up with Sungei Ulu Pandan. This Phase has already commenced and, as I have said, work will be completed or is expected to be completed by 1969. Phase 2 of the scheme on which a firm decision has not yet been taken would involve another diversion of flood waters and would mean cutting another canal starting at about the 4th milestone Bukit Timah Road to join up with Sungei Kallang. This deals with the Member's first supplementary question. As far as the second supplementary question is concerned, there are flats in Toa Payoh, flats in Redhill, flats in Upper Changi Road and a few flats in Bukit Ho Swee which are readily available. In Upper Changi Road there are about 400; Redhill about 250; Toa Payoh a few thousand; and Bukit Ho Swee about 100. HOUSING AND DEVELOPMENT BOARD FLATS (Choice of locality) 5. Mrs Devan Nair asked the Minister for Law and National Development if he will request the Housing and Development Board to permit a choice of locality when they offer flats to applicants who have been given notice to quit State land.”
“For those already occupying Housing Board flats, transfers can be arranged provided they are not, choosey as regards location. In the case of those who are not at the moment living in Housing Board flats, they should apply in the normal manner, and if they are eligible under the rules, they can be allocated Housing Board flats within a matter of days provided again they are not choosey as regards location.”
“Mr Speaker, Sir, the areas about which the Member is worried are extremely low-lying and densely built up and are less than two feet above the level of the highest tide. Therefore, heavy rainfall coinciding with a high tide will cause flooding in these areas. Raising the Rochore Canal embankments, as suggested by the hon. Member, would mean raising the highest level of the water in the canal above that of the level in the culverts and drains leading into the canal. Therefore, unless control flap gates at the discharge ends of culverts and drains are built, the water from the canal could flow into the surrounding areas. If these flap gates are built and closed during heavy rainfall, the rain water in these areas cannot flow into the canal. If there is a high tide coinciding with heavy rainfall and the flap gates are opened, the water in the canal will be pushed by the tide and flow back into these low-lying areas. Immediate widening of the canal as suggested by the hon. Member would not be feasible, due to the fact that the existing roads on either side of the canal have been built very close to the canal embankments. Any minor widening will not do much to alleviate flooding. However, the Bukit Timah Flood Alleviation Scheme is being implemented to alleviate not only the floods in the Bukit Timah area, but also in these areas about which the Member is worried. Work on this major Flood Alleviation Scheme is now in progress and is expected to be completed some time in 1969. Mr Speaker, that deals with the first part of the question. If I may go on to the second part. Some priority can be given by the Housing and Development Board to applicants who wish to move out of these areas.”
“Mr Speaker, Sir, subject to your consent and the general assent of the House, under Standing Order 98 I beg to move, That notwithstanding the provisions of Standing Order 1 (5) , the Moment of Interruption at today's sitting be 7.00 p.m. instead of 8.00 p.m., and notwithstanding the provisions of Standing Order 1 (3) , the time appointed for the termination of the sitting be 7.30 p.m. instead of 8.30 p.m.”
“The owner or owners of flats comprised in a subdivided building shown in a strata title plan lodged in the Land Titles Registry will become the management corporation of the building as soon as such strata title plan has been registered. The management corporation, consisting of all the flat owners, is made responsible for the maintenance of common parts like lifts and corridors. Mr Speaker, Sir, I beg to move. Question proposed. 3.30 p.m.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." As it is the intention to refer the Bill to a Select Committee, I shall only touch briefly upon the more important provisions in the Bill. Under existing practice, what the purchaser of a flat usually obtains is a 999-year lease in a building. The freehold title in the land above which the flat is built is either retained by the vendor who imposes on each of his lessees a service charge for the maintenance of common parts and property or is conveyed in proportionate shares to the purchasers of all flats built on the land as tenants in common. Experience has shown that it is difficult for tenants to get together and problems arise when lifts break down or pipes burst. This rather unsatisfactory state of affairs has impeded the development and sale of flats in the Republic and the Bill now before the House, which is based on Australian legislation, takes account of the comments of the former Bar Committee and seeks to remove these difficulties. The Bill introduces a strata land register under which the proprietor of registered land on which a building stands, who has obtained approval of subdivision of the building into flats from the competent authority, may apply to the Registrar of Titles for the land and the subdivided building thereon to be dealt with in lots under separate subsidiary strata certificates of title. The Bill also spells out the rights and obligations of the purchasers of flats in a subdivided building as regards assessments, easements and restrictive covenants.”
“of Malaysia in its application to Singapore", recommendation of President signified by Mr Barker; presented by Mr Wee Toon Boon (for the Minister of Defence); read the First time, to be read a Second time on Monday, 13th March, 1967, and to be printed. TRADE UNIONS (AMENDMENT) BILL "to amend the Trade Unions Ordinance (Chapter 154 of the Revised Edition)", presented by the Parliamentary Secretary to the Minister for Labour (Mr Sia Kah Hui) (for the Minister for Labour); read the First time, to be read a Second time on Monday, 13th Marc/i, 1967, and to be printed. CURRENCY BILL "to establish the Board of Commissioners of Currency, Singapore, and National Currency of Singapore and to provide for connected matters", recommendation of President signified; presented by the Minister for Finance (Mr Lim Kim San); read the First time, to be read a Second time on the next available sitting, and to be printed. DEVELOPMENT LOAN BILL Order for Second Reading read. 3.20 p.m.”
“The Parliamentary Secretary to the Minister for National Development (Mr Ho Cheng Choon) (for the Minister for Law and National Development): Mr Speaker, Sir, I am aware of the complaints by farmers that feedstuffs for animals sold in Singapore are deficient in nutritive content, particularly when certain basic ingredients are in short supply or have increased in price. The Feedstuffs Ordinance was passed last year to rectify the position. There are over 20 factories producing feedstuffs for our livestock industries. While a few of them are well equipped to check the quality of their products, many of the smaller feedmills have no such facilities. Steps are being taken to establish a minimum standard for all feedstuffs, and as soon as this is decided upon, the Primary Production Department will take necessary action to ensure that this standard is complied with. 3.15 p.m. BILLS INTRODUCED UNDESIRABLE PUBLICATIONS BILL "to prevent the importation, distribution or reproduction of undesirable publications and for purposes connected therewith, and to repeal the Undesirable Publications Ordinance (Chapter 124 of the Revised Edition)", presented by the Minister for Culture and Social Affairs (Inche Othman Bin Wok); read the First time, to be read a Second time on Monday, 13th March, 1967, and to be printed. CRIMINAL LAW (TEMPORARY PROVISIONS) (AMENDMENT) BILL "to amend the Criminal Law (Temporary Provisions) Ordinance (No. 26 of 1955)", presented by the Minister of State of Defence (Mr Wee Toon Boon) (for the Minister of Defence); read the First time, to be read a Second time on Monday, 13th March, 1967, and to be printed. NATIONAL SERVICE (AMENDMENT) BILL "to amend the National Service Ordinance, 1952.”
“Mr Speaker, Sir, one of the principles of the co-operative movement is that before a co-operative society is formed, a group of people with identical interests should voluntarily come together to discuss their various problems and form a society for their mutual benefit. If there is such a group of people who desire to form a fisheries co-operative, the Primary Production Department will be glad to assist them in any way possible. Very often, however, co-operative societies are formed with the intention of getting money from the Government. The Government believes that it is better to train our fishermen to catch more fish rather than to give them money. A fisheries training school is being established at Changi to train fishermen so that they can go farther out to sea and catch more fish. At the same time, a fishing port and fish market facilities are being constructed in Jurong to provide centralised marketing facilities so that fishermen can get a better price for their catches. These measures, we think, are more effective ways to help fishermen than to give them money in order to help them form a fisheries co-operative. NUTRITIVE CONTENT OF ANIMAL FEEDSTUFFS (Complaints by farmers) 13. Mr Ho Kah Leong asked the Minister for Law and National Development whether he is aware of complaints by farmers of the poor nutritive content of certain feedstuffs for animals sold in Singapore, and what measures will be taken to stop the sale of such feedstuffs.”
“Mr Speaker, Sir, I beg to move, "That the clause be read a Second time." Section 11 of the Interpretation Act, 1965, (No. 10 of 1965) saves subsidiary legislation but there is nothing to save and make applicable the scales in Schedule I and Schedule II of the Advocates and Solicitors Ordinance, Chapter 188, until appropriate scales are laid down by the new statutory committee under clause 112 of this Bill. The provision of this new clause will fill the gap. Question put, and agreed to. Clause read a Second time and added to the Bill.”
“Mr Speaker, Sir, with your leave and with the leave of the House, I would like to move an amendment without notice.”
“Mr Speaker, Sir, I beg to move, In page 41, line 16, after "determined', to insert "if the practising certificate for which he proposes to make application will remain in force for less than six months". Sir, a solicitor who makes premature or early application for a full year's practising certificate can claim under the proviso to clause 78 (2) of the Bill, as presently worded, that he is obliged to pay only half the contribution. The amendment proposed will make it clear that the half-rate will apply only where the practising certificate has less than six months to run. Amendment agreed to.”
“Mr Speaker, Sir, I beg to move, In page 38, line 17, after "etiquette', to insert a comma. This is a printing omission which the amendment seeks to include. Sir, I beg to move. Amendment agreed to. Clause 75, as amended, ordered to stand part of the Bill. Clauses 76 and 77 ordered to stand part of the Bill. Clause 78 -”
“Mr Speaker, Sir, I beg to move, In page 29, after line 9, to insert - "(5) Within one week of the end of each month the Society shall pay to the Board ten dollars out of each subscription paid to the Society by a practitioner member during that month.". 4.45 p.m. Sir, under the present provisions in the Bill, the Board will be dependent on voluntary contributions and fees collected. The amendment will provide a statutory payment of $10 per member as a statutory subsidy to the Board which will enable its ordinary running and administrative expenses to be met without the Board having to depend on profits from fees paid by pupils. Amendment agreed to. Clause 51, as amended, ordered to stand part of the Bill. Clauses 52 to 74 inclusive ordered to stand part of the Bill. Clause 75 -”
“Sir, I beg to move, In page 24, after line 30, to insert - "(k) any approved company auditor drawing or preparing any instrument which he is empowered to do under any law for the time being in force relating to companies.". In clause 37 (2) as it now stands, paragraphs (a) or (c) or (e) would prohibit auditors from carrying on the functions which an approved company auditor will be allowed to perform under the new Companies Act if this Act is enacted. Clause 16 (3) imposes a duty on the Registrar to require a certificate from one of three persons, including an approved company auditor, as to the identity of the subscribers to a memorandum or of any persons named in the memorandum or Articles as officers of the proposed company. As the present clause 37 (2) (c) now stands, a company auditor may not be able to carry out even this relatively minor function. Furthermore, an approved company auditor may be called upon to certify the correctness of accounts of companies turning public. As these certifications are to be made on the prospective companies, it is arguable that such an act may not be legally carried out by an approved company auditor. In order that these doubts be removed, it is proposed that this further amendment be made so as to make it quite clear that any approved company auditor who is merely performing acts which he will be allowed to perform under the proposed Companies Act would not be excluded by this clause. Amendment agreed to.”
“Mr Speaker, Sir, again I beg to seek your leave and the leave of the House under Standing Order No. 32 to move another amendment without notice. The Chairman: I give my consent. Is it the pleasure of hon. Members that notice of the amendment proposed to be moved be dispensed with? Hon. Members indicated assent.”
“Sir, I beg to move, In page 24, after line 23, to insert - "(g) any arbitrator or umpire lawfully acting under any written law relating to arbitration, settling or attempting to settle the dispute between the parties to the arbitration;". There will be certain consequential amendments, Sir, in the lettering of the subsequent paragraphs which will have to be made. Mr Speaker, this paragraph is directed against touts, unofficial advisers, adjusters and private detective agencies who are being engaged to settle running down cases without the claimant having an opportunity for proper advice on damages. Where in such settlements the sum paid is not manifestly inadequate, the hands of the Court and the Public Trustee are tied. It comes from section 111 (c) of the British Columbia Act, section 47 (2) (b) of the Manitoba Act and other Canadian legislation. Bona fide and full-time employees of insurance companies are exempted from this paragraph by clause 38 (1) (f) . The fear has been expressed that clause 38 may preclude arbitrators and umpires from trying to settle a claim before them. In order to remove this fear, the amendment is proposed. Amendment agreed to.”
“Sir, I beg to move, In page 22, lines 27 and 28, to leave out ", formation, dissolution or winding up" and insert "or formation". Clause 37 (2) (c) of the Bill is taken from sections 72, 76 and 111(b) of the British Columbia Legal Profession Act, section 47 (2) of the Manitoba Law Society Act and other Canadian legislation. The corresponding East African legislation is narrower in that documents relating to dissolution or winding up are not within the prohibition - section 39 (1) (c) of the Kenya Advocates Ordinance and section 43 (1) (c) of the Tanganyika Advocates Ordinance refer. Some accountants have expressed misgivings about our clause 37 (2) (c) extending to dissolution and winding up documents. Documents for use in court will in any case be caught by paragraph (a) and there is no desire on the part of the profession to preclude accountants preparing documents in a dissolution or winding up that are not for use in court. It is therefore suggested that dissolution and winding up be excluded from this paragraph. Hence the amendment. Amendment agreed to. Clause 37, as amended, ordered to stand part of the Bill. Clause 38 -”
“Sir, I beg to move, In page 17, to leave out lines 30 to 32 inclusive and insert - "(2) The provisions of subsection (1) of this section shall not apply to a solicitor employed by the Housing and Development Board, the Public Utilities Board, the Economic Development Board or the Port of Singapore Authority if the Attorney-General issues a certificate under his hand certifying that the solicitor is so employed and specifying therein the matters in which the solicitor so employed may appear and plead in courts of law and upon such solicitor otherwise complying with the provisions of this Act, the Registrar shall issue to him a practising certificate specifying therein the matters in which he may appear and plead as contained in the Attorney-General's certificate. (3) A practising certificate issued to a solicitor shall cease to have effect when he ceases to practise or he ceases to be employed as provided in this section.". 4.30 p.m. Mr Speaker, Sir, as it now stands, the disqualifications for practising certificate listed in paragraphs (a), (b) and (c) of sub-clause (1) of clause 30 of the Bill would exclude the solicitor of a statutory board from carrying out his duties. It is considered desirable that, in the performance of his duties, the solicitor of a statutory board should, insofar as his professional etiquette and duties to the court are concerned, be under the control of some responsible legal officer. This amendment will achieve the result of giving solicitors of statutory boards licence to practise. Amendment agreed to. Clause 30, as amended, ordered to stand part of the Bill. Clauses 31 to 36 inclusive ordered to stand part of the Bill. Clause 37 -”
“Mr Speaker, Sir, I have not given notice of amendment of this clause. But with your permission and with the leave of the House, I beg to move an amendment under Standing Order 32. Sir, shall I first move or -”
“Mr Speaker, Sir, I beg to move, In page 14, lines 31 and 32, to leave out "any order shall be made on the petition" and insert "the petitioner is admitted as an advocate and solicitor". The reason for this amendment is similar to that given for the first amendment to clause 14 dealt with just now. Amendment agreed to. Clause 25, as amended, ordered to stand part of the Bill. Clauses 26 to 29 inclusive ordered to stand part of the Bill. Clause 30 -”
“Mr Speaker, Sir, I beg to move, In page 14, after line 10, to insert - "(3) No articled clerk shall without the special leave in writing of the Board hold any office or engage in any employment of whatsoever kind and whether full-time or part-time during his articles: Provided that the provisions of this subsection shall not preclude an articled clerk receiving remuneration from his principal.". Mr Speaker, this amendment will make for uniformity with clause 11 (4) of the Bill for qualified persons. It will also preclude any attempt to apply the expressio unius rule by an articled clerk who may seek outside employment. Amendment agreed to. Clause 23, as amended, ordered to stand part of the Bill. Clause 24 ordered to stand part of the Bill. Clause 25 -”
“Mr Speaker, Sir, I beg to move, In page 10, lines 4 and 5, to leave out "any order shall be made on the petition" and insert "the petitioner is admitted as an advocate and solicitor"; and In page 10, to leave out lines 17 and 18 and insert - "(d) a certificate signed by the Secretary of the Board that the petitioner has satisfactorily served the period of pupillage or articles, attended the courses of instruction and passed the examinations required in his case under the provisions of this Act.". Mr Speaker, the first amendment to this clause is considered necessary as, instead of an order of court, it is envisaged there will be delivered to each petitioner, who is admitted as provided in clause 28 (5) of the Bill, a more dignified and impressive instrument of admission, patterned on the lines of Call Certificates for barristers and Admission Certificates for solicitors signed by the Master of the Rolls. The admission should, it is felt, be clothed with solemnity, and the present order of court which, in format, typing and wording varies from petitioner to petitioner and is sent round for approval, fails to achieve this. Further, this order of court is extracted many days after the admission. The delivery of an instrument of admission in open court after prior payment of the prescribed fee will give the admission the solemnity it now lacks. In respect of the second amendment, the clause as now worded seeks to make the Board usurp the functions of the court. It is better to specify the matters for which the Board's certificate is required. Sir, I beg to move. Amendments agreed to. Clause 14, as amended, ordered to stand part of the Bill. Clauses 15 to 22 inclusive ordered to stand part of the Bill. Clause 23 -”
“Mr Speaker, Sir, I beg to move, In page 9, line 27, to leave out "examination as the Board may prescribe" and insert "examinations as may be prescribed by the Board". This is not an amendment of fundamental importance, but it will make the terminology uniform with that of clause 10 (e) on page 7 of the Bill. Amendment agreed to. Clause 13, as amended, ordered to stand part of the Bill. Clause 14 -”
“Part VII of the Bill relates to disciplinary proceedings and in the main re-enacts the provisions of the existing Ordinance with the Council of the Society taking over the powers and the functions of the Singapore Bar Committee. Part VIII of the Bill relates to the remuneration of solicitors in contentious as well as non-contentious business, and again in the main re- enacts the provisions of the existing Ordinance. Part IX of the Bill relating to the recovery and taxation of costs also in the main re-enacts the provisions of the existing Ordinance. Part X of the Bill deals with miscellaneous matters. Part XI contains transitional provisions, and Part XII provides for the repeal of the existing Ordinance. This Bill has the full support of the Singapore Bar Committee and was, in fact, drafted by it, and in this, Sir, I understand you played a major part. I should like to express the thanks of the Government to you, Sir, and members of the Singapore Bar Committee for their efforts. Sir, I beg to move. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. -[Mr Barker] Bill considered in Committee. [Mr Speaker in the Chair] 4.14 p.m.”
“Before this annual certificate is issued, the Council must be satisfied that the applicant is not prohibited from holding a practising certificate, that he has delivered or is exempted from delivering an accountant's report relating to his accounts for the last year, and that he is not in arrears in his contribution to the Compensation Fund and the subscriptions or other dues to the Society. The practising certificate is issued by the Registrar of the High Court on production of the annual certificate, and of a declaration in writing giving the full name and address of the advocate and solicitor, his firm's name and his office address, and on payment of the prescribed duty. Part IV of the Bill sets out the privileges of advocates and solicitors and the provisions are in the main a re-enactment of the provisions in the existing Advocates and Solicitors Society. Part V of the Bill deals with the establishment, contributions and functions of the Singapore Advocates and Solicitors Society. Provision is made for the election of a Council of the Society which will be responsible for the management of the affairs of the Society and which will take over the functions of the present Singapore Bar Committee. Part VI of the Bill relates to professional practice, conduct and discipline of solicitors and their clerks. Power is given to the Council of the Society to make rules relating to professional etiquette, conduct and discipline, and to the keeping of accounts by solicitors. A Compensation Fund is set up from which grants may be made to persons who have sustained loss in consequence of dishonesty on the part of any solicitor or any clerk or servant of the solicitor in connection with his practice. Provision is made for the control of solicitors' clerks.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The purpose of this Bill is, as stated in the Long Title, "to establish the Board of Legal Education, to constitute the Singapore Advocates and Solicitors Society and to amend and consolidate the law relating to the legal profession" in Singapore. Part II of the Bill, which deals with the admission of advocates and solicitors, provides for the setting up of a Board of Legal Education to consist of the Attorney-General, a representative of the Chief Justice, representatives from the legal profession, and representatives from the Faculty of Law of the University of Singapore. This Board will in future be responsible for the organisation of pupillage and instruction of qualified persons who seek admission as advocates and solicitors in Singapore and for their examination before such admission. Special provision is made for the admission of legal practitioners already admitted in West Malaysia, the ad hoc admissions of Queen's Counsel from the United Kingdom, and the admission of articled clerks. Petitions for admission will be heard by the High Court, and provision is made for the keeping of a Roll of advocates and solicitors. Part III of the Bill deals with practising certificates. Every advocate and solicitor, if he intends to practise, must obtain a practising certificate. In order to obtain a practising certificate, an advocate and solicitor must first obtain an annual certificate from the Council of the Society of Advocates and Solicitors.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." The Tourist Promotion Board as at present constituted consists of (a) the Chairman, (b) the Director of the Board, (c) a nominee of the Economic Development Board, (d) a nominee of the Singapore Tourist Association, (e) a public officer appointed by the Minister, and (f) four other members appointed by the Minister to represent tourist enterprises. It is proposed to amend the constitution of the Board by increasing the number of members appointed by the Minister from four to five and to remove the statutory stipulation that they should represent tourist enterprises. Tourist enterprises have direct representation on the Board in the person of the nominee of the Singapore Tourist Association. It would be beneficial to the Board to have also as members persons who are actively interested in tourism and might have worthwhile contributions to make but are not themselves directly concerned with the tourist industry. The Bill will also enable the Tourist Promotion Board, with the approval of the Minister, to establish a scheme for the payment to its employees of pensions, gratuities, provident fund or other superannuation benefits on their death or on their retirement or resignation from the Board as in the case of other statutory boards. Sir, I beg to move. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. -[Mr Barker] Bill considered in Committee; reported without amendment; read a Third time and passed. LEGAL PROFESSION BILL Order for Second Reading read. 4.05 p.m.”
“Resolved, "That the Bill be committed to a Select Committee consisting of eight Members to be nominated by the Committee of Selection." - [Mr Barker] TOURIST PROMOTION BOARD (AMENDMENT) BILL Order for Second Reading read. 4.01 p.m.”
“The provisions of Part IX of the Bill, which deals with the investigation of companies, are more extensive than the corresponding provisions of the existing Ordinance. Clauses 207 to 209 enable the Minister to investigate the actual ownership of the shares of the company. He can restrain dealings in the shares and the exercise of rights attached to the shares if the owner refuses to co-operate in the investigation. These are new provisions. Clause 210 enables the Government to co-operate with other countries having similar legislation with respect to investigations. Under the existing law the Registry of Companies is little more than a repository for documents required to be lodged with the Registrar. Under this Bill the Registrar's duties and powers are extensive and are basic to any proper control over companies and to the active enforcement of the law. Clauses 374 to 388 authorise the Minister to make arrangements with Malaysia for the extension to Singapore of Winding-Up Orders made in Malaysia and for the extension to Malaya of Winding-Up Orders made in Singapore. I understand that the Malaysian Government is prepared to enact legislation containing reciprocal provisions. The Bill proposes to give the investing public adequate protection, but, at the same time, tries not to place an undue or unnecessary burden upon honest business enterprises. It will do much to provide a healthy climate for investment and a sound basis for action against fraudulent and undesirable practices. As this Bill is comprehensive and far-reaching in its effects, it is proposed to refer it to a Select Committee. Sir, I beg to move. Question put, and agreed to. Bill accordingly read a Second time.”
“Clause 133 restricts the right of companies to make loans to their directors or to directors of related companies, and clause 135 requires a director to inform the company promptly of any matters affecting his own position which are required to be known by the company. Clause 136 prohibits tax-free payments to directors, and clause 137 strictly limits the right of a company to make payments to a director on his retirement. These provisions will ensure that directors do not take undue advantage of their position in the company and will prevent the company from giving undue preference to them. Special provisions have been introduced in this Bill to control unit and property trusts and investment companies. The Minister has to grant his approval to a company, acting as trustee, for the purposes of a trust deed, and the trust deed is required to contain certain covenants and has to be approved by the Registrar. Returns have to be made to the Registrar every year containing a list of all persons who are holders of the interests to which the deed relates, and containing statements of all purchases and sales of land and marketable security, and of all other investments, and also of the total amount of brokerage paid or charged by the management company. As regards investment companies, there are restrictions on borrowing, on investment, on underwriting, etc. They are also required to keep an investment fluctuation reserve. Foreign companies are regulated by Division 2 of Part XI of the Bill. Every foreign company shall have a registered office in Singapore and shall, if it invites the public to subscribe for its shares, keep a Branch Register in Singapore.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the need for an up-to-date company legislation has become a matter of urgency as our existing legislation on companies, which is based on the English Companies Act of 1929, is now completely out of date. The main provisions in this Bill are outlined in the Explanatory Statement attached to the Bill. I now propose to give only a brief outline of the significant changes in the law proposed by this Bill. Under clause 15 of the Bill a private company is prohibited from inviting the public to invest money with it. Existing private companies should convert themselves to public companies if they desire to continue to borrow from the public. Clause 170 requires every company to send copies of the Balance Sheet, Profit and Loss Account, and Auditor's Report to all members of the company before the general meeting, whereas under the existing law private companies are not required to do so. Clause 181 gives a remedy to minority interests who are being oppressed by the majority. The provisions, which are new, are also applicable to private companies. The definition of "director" has been widened to include a person in accordance with whose directions or instructions the directors are accustomed to act. Clause 122 requires every company to have at least two directors, one of whom shall be resident in Singapore. Clauses 131 and 132 impose upon the directors the duty of disclosing any conflicting interests they might have and prohibit officers of the company from acquiring an advantage because of information gained by virtue of their position.”
“Mr Speaker, Sir, the Report is a unanimous Report. There was no dissenting voice, though the members of the Commission were multi-racial and multi-religious; hence the value of the Report.”
“Mr Speaker, Sir, my understanding is that the relevant New Zealand Bill was first tabled in their Parliament sometime in 1961, that the Bill became law in 1962, and that the New Zealand Ombudsman (or Parliamentary Commissioner) was appointed on the 1st of October, 1962.”