S Jayakumar
Singapore
“It is well and good for countries to announce various targets and emissions. But one vexing issue ultimately is: what will be the method for verifying compliance with each country's announced measures? Another vexing issue, of course, is the issue of financing.”
“I would appreciate it if she were to give me some specifics of the negative feedback. But the general feedback I have had about our judiciary, both of the Supreme Court and the Subordinate Courts, has been nothing but positive.”
“Mr Speaker, Sir, the information that I have is that there is always medical advice present when caning is administered and that if the medical opinion is that caning cannot proceed beyond a certain point, that medical opinion will be observed and the caning will not proceed.”
“Mr Liang Eng Hwa asked the Minister for Transport in view of the recent announcement to make immediate improvements to the public transport system (a) whether the Ministry has set a timeline for the increase in frequency of feeder bus services; and (b) whether the Ministry can immediately target such services that are currently running at…”
“SCDF will continue to work with HDB and other relevant agencies to ensure that such older buildings with one exit staircase meet the prevailing fire safety requirements when they undergo major renovation or upgrading works. CIVIL SERVICE PENSIONERS 3.”
“The Parliamentary Secretary to the Minister for Community Development, Youth and Sports (Mr Teo Ser Luck) (for the Minister for Community Development, Youth and Sports): Mr Speaker, Sir, with your permission, I would like to take Mrs Jessie Phua's and Dr Lim Wee Kiak's questions together as they both relate to the same issues.”
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“The matter regarding the interval for renewing check-off authorization is now being reviewed by my Ministry in consultation with the NTUC and a decision will be taken after this review has been completed. WORK PERMITS (Figures) 17. Dr Toh Chin Chye asked the Minister for Labour and Second Minister for Law and Home Affairs (i) the number of work permits cancelled or not renewed for each of the months January to September 1984; and (ii) the number of work permits renewed or given for the same months.”
“Work permit holders from non-traditional sources were only allowed into Singapore as a temporary measure. Hence, in January 1982, the Government announced its plan to phase out these unskilled foreign workers as and when their permits expire except for construction, shipyards and domestics. The employers referred to by the Honourable Member have therefore been given ample notice and have had adequate time to adopt measures to reduce their dependence on unskilled foreign workers. Many employers have already done so. Those employers who are still having the workers cannot, therefore, be given further extensions of one to two years. CHECK-OFF FOR DURATION OF COLLECTIVE AGREEMENT 16. Mr M.K.A. Jabbar asked the Minister for Labour and Second Minister for Law and Home Affairs whether the Ministry of Labour will give approval to unions for check-off to be in force for the duration of a collective agreement without the necessity of going to members for check-off, to be signed every year.”
“The Ministry of Labour, through its Employment Service Department, provides assistance to disabled persons who seek employment if they are Singapore citizens or permanent residents. Since 1977, the Department has found employment for a total of 667 disabled persons. Besides direct placement services, the Department also administers a Disablement Resettlement Scheme to assist disabled persons to be gainfully employed. Under this Scheme, the Department arranges job training for disabled persons and subsequent employment. Since 1977, 212 disabled persons had completed their training under this Scheme and were found employment. From the experiences of the Department, the major problems facing employment prospects for the disabled are the same as that for handicapped persons. Employers are reluctant to employ them for fear that being less mobile and dexterous, their work would be affected. However, job placement officers from the Vocational Assessment and Placement Centre of the Singapore Council of Social Service, Ministry of Social Affairs, Ministry of Education and Ministry of Labour are continually exploring job opportunities for the disabled. REPRIEVE FOR WORK PERMIT HOLDERS 15. Mr M.K.A. Jabbar asked the Minister for Labour and Second Minister for Law and Home Affairs whether the Ministry of Labour will give work permit holders from non-traditional sources in small retail and service shops a further reprieve of one to two years in order to overcome the shortage of these workers.”
“The number of posters that can be displayed at designated places for every constituency at elections is prescribed by the Returning Officer who notifies candidates of the authorised number of their respective constituencies after acceptance of nominations. To enforce this requirement, all posters displayed at elections shall have a stamp bearing the official mark of the Returning Officer affixed to them. The official mark of the Returning Officer will be issued to the candidates after the close of nomination at the various Nomination Centres. COMPARISON OF STAFF, SERVICES AND FACILITIES AT PRE-U CENTRES WITH JUNIOR COLLEGES 3. Mr J.B. Jeyaretnam asked the First Deputy Prime Minister and Minister of Education if he will say whether the teaching staff library services and other facilities at Pre-University Centres are comparable to those provided for Junior Colleges or are they poorer.”
“Chandra Das asked the Prime Minister (a) what is the number of government scholars who have been given employment over the last three years; (b) whether these scholars have been employed in the public or private sectors; and (c) are there any plans to release more of these scholars to the private sector.”
“Area 2 where the Punggol Fishing Port is located will be reclaimed last to give the fishing port a useful lifespan of almost 10 years. The fishing port will be relocated to a nearby location on the reclaimed land when reclamation works have been completed. Other consequential works required are the extension of the effluent out-fall pipes from the Seletar and Serangoon Sewerage Treatment Works and the preparation of new refuse tipping ground at Area 1. The total cost of the project inclusive of the consequential works has been estimated at $874 million. About 76 million cubic metres of fill will be required for this project. Half of the fill can be taken from the HDB development sites in Woodlands, Tampines, Pasir Ris, Yishun, Seletar and Zhenghua and the overburden soil from the quarries at Bukit Timah areas. The other half will be imported from external sources. Sir, I beg to move. Question put, and agreed to. Resolved, That this Parliament, in accordance with section 4 of the Foreshores Act (Chapter 270), approves the reclamation by the Government of that portion of the foreshore at Punggol containing an area of about 685 heatares as shown coloured pink on the plan marked "LAND OFFICE RECLAMATION PLAN NO. 2/84", which is deposited in the Land Office, Singapore. ADJOURNMENT Resolved, "That Parliament do now adjourn to a date to be fixed." - [Mr E.W. Barker). Adjourned accordingly at Nine minutes to Four o'clock p.m. to a date to be fixed. WRITTEN ANSWERS TO QUESTIONS EMPLOYMENT OF GOVERNMENT SCHOLARS 1. Mr S.”
“Mr Speaker, Sir, I beg to move the Motion* standing in the name of the Minister for Law as it appears on the Order Paper. *The Motion reads as follows: That this Parliament, in accordance with section 4 of the Foreshores Act (Chapter 270), approves the reclamation by the Government of that portion of the foreshore at Punggol containing an area of about 685 hectares as shown coloured pink on the plan marked "LAND OFFICE RECLAMATION PLAN NO. 2/84", which is deposited in the Land Office, Singapore. Sir, to create additional land stock for public housing, the Housing and Development Board has studied the feasibility of reclaiming more land at Singapore's north-eastern coast. The study, carried out in consultation with the relevant authorities, such as the Port of Singapore Authority, Public Utilities Board, Jurong Town Corporation, Sewerage Department and the Primary Production Department, has shown that another 685 hectares of land at Punggol can be reclaimed. This is shown, coloured pink, on the plan marked "LAND OFFICE RECLAMATION PLAN NO. 2/84" a copy of which is displayed in the Library of this House for the information of Honourable Members. This reclamation will be in addition to the 277 hectares off Punggol, coloured yellow on the plan, approved for reclamation by this House at its sitting on 4th March, 1983. The areas to be reclaimed are in the shallow waters off Pasir Ris, Punggol and Jalan Kayu. Areas 2, 3 and 4 in the plan will be used for public housing, while area 1, being adjacent to the Serangoon sludge treatment works, will be used for refuse tipping, and industrial and recreational purposes. The proposed reclamation will not affect the navigational channel. The reclamation works will be carried out in phases over a nine-year period from 1985 to 1993.”
“However, these are transitional problems which ire less painful when adjustments are made early. Employers who do not make serious efforts to reduce their reliance on foreign workers will find it even more difficult to adjust later. My Ministry, however, will try to be as flexible as possible in processing work permit applications from employers within the constraints of our long-term goal of reducing reliance on unskilled work permit holders and the constraint of ensuring that numbers are kept at manageable levels. I wish to assure the hon. Member, in this regard, that my Ministry is, for the time being, flexible in allowing employers to renew the permits of their existing foreign workers other than those who are from non-traditional sources and are due for repatriation. Employers should however bear in mind that they will ultimately have even less foreign workers to solve their labour problems. They should therefore make adjustments before it is too late. PRESIDENT OF THE REPUBLIC OF SINGAPORE (Choice of electorate) 8. Mr J.B. Jeyaretnam asked the Prime Minister whether he will make a statement on his proposed plan, disclosed at the National Day Rally, to amend the Constitution to provide for the President of the Republic of Singapore to be elected by the electorate and his suggestion that the person to be elected should have held office as a Minister in the Government.”
“Mr Speaker, Sir, as all hon. Members are aware, since 1979, the Government has been urging employers to reduce their dependence on foreign workers. The economic, social, political and other reasons for this have been explained on many occasions. As a start, we have gradually phased out unskilled foreign workers from non-traditional sources except those who are required for work in the construction industry, the shipyards and as domestic servants. Most of the non-traditional source workers in the other sectors will have left by the end of this year and the remaining by 1986. Our present plan is to phase out the remaining unskilled foreign workers by 1992 as gradually as economic forces will permit us. If we are to proceed with reduction of our dependence on unskilled and untrained foreign workers, it is necessary for us to start taking action even now as, otherwise, the transitional difficulty will become even more severe. Obviously, the first measure that we have to take is to control the overall stock and be restrictive on the number of new foreign workers who are being admitted. We have been doing this for some time. However, with the recent pick-up in manufacturing activities because of the world economic recovery and with the accelerated public housing building programme reaching its peak, there has been an unusually heavy demand for workers and for foreign workers during the last few months. To accommodate the demand by these two vital sectors, we have to take a more restrictive policy in processing work permit applications from other sectors in order to hold down the overall number. My Ministry does appreciate that the more restrictive attitude towards new work permit applications will cause difficulty for some businessmen.”
“Mr Speaker, Sir, I think all of us have taken note of his prophetic statement. Let me say that it is pointless to answer his questions when the full elaboration of the rationale and the reasons for this levy have been spelt out by myself today as well as in the press release and other pronouncements made earlier. WORK PERMIT DIVISION (Effects of restrictive attitude) 7. Mr Hwang Soo Jin asked the Minister for Labour and Second Minister for Law and Home Affairs whether he is aware that the more restrictive attitude adopted by the Work Permit Division of the Ministry of Labour in the processing of work permit applications, in respect of both new and renewal cases, is beginning to cause difficulties to many businesses and will he assure the House that, for certain categories of workers where local recruits at economic wages are not available, the Ministry of Labour wilt continue to be flexible in approving applications.”
“Mr Speaker, Sir, l think we can now understand the points raised by the First Deputy Prime Minister if there was any doubt earlier. I have already pointed out that he was ignorant of the law when he thought he had a brilliant legal point. Now, his other two questions are meaningless. The Member for Anson must really make up his mind. He cannot blow hot and cold. On one occasion a few months ago, he took up the cause and argued vigorously for the displacement of all foreign workers. He made allegations here that the Government policy and foreign workers here were affecting our own workers. Now a 100% turnaround - asking for different measures which would encourage more maids to come to Singapore. So he should make up his mind. What is his position? What is his Party's position on foreign workers? Mr Jeyaretnam: May I for the last time in this House appeal to the Minister to answer the questions? What has all that he has said got to do with the questions I asked? Is he not capable of comprehening the questions? Will he please answer them?”
“Mr Speaker, Sir, maids are brought in under conditions applicable to work permit regulations. Does the Member not know that an amendment to the Regulation of Employment Act was passed to impose the levy?”
“Mr Speaker, Sir, I would like the Member for Anson to point out any rule in the Standing Orders which requires me to obtain parliamentary sanction. And he should also indicate whether he is aware that the concept of the levy was introduced in 1982 and whether he, from the time that he was in this Parliament, has ever queried this in the Budget statements when he had ample opportunities to raise this query.”
“The availability of a foreign maid was never intended to be, and must not be, the sole means to induce more married women to work. There are now 106,900 married working women aged between 30 and 49 years. The argument that all or most of them should have maids is untenable. In addition, there are another 183,800 married women aged 30 - 49 who are now not working. If most or all of them are to be allowed maids in order to persuade them to work, we will then have about 300,000 maids in Singapore. The principal reason for encouraging more married women to work is precisely to reduce our dependence on foreign workers. It would therefore be defeating our objective if the entry of married women into the workforce itself swells the foreign worker population. In many other countries, such as Japan, USA and Europe, their female labour participation rate is higher than Singapore. Yet foreign domestic maids are not available. In Singapore, too, the use of all other alternatives must therefore be continually explored and encouraged: child care centres, creches, parents-in-law, foster services and so on. If foreign maids were available to every married working woman, not only will the number of maids proliferate to unmanageable levels, worse, there will be no pressure or need felt to actively develop these alternatives.”
“Mr Speaker, Sir, the decision on the flat $120 levy cannot be rescinded. The foreign workers levy, including the levy on foreign maids, is not new. It was introduced in 1982 when it was decided to take certain foreign workers off the CPF Scheme. At that time, it was clearly explained that the main purpose of the levy was to discourage the indiscriminate recruitment of foreign workers. When the 30% ad valorem levy was introduced in 1982, the position of married working women was recognized. First, the minimum of $150 was not applicable to foreign maids. Secondly, foreign maids were among the categories not affected by the 1984 deadline for the phasing out of foreign workers from non-traditional sources. This distinction continues to be made. Thus the $120 flat levy is still lower than the previous 1982 minimum of $150. It is also much less than the $200 flat levy payable for other foreign workers which incidentally will be increased in stages to $350 in April 1986. The previous 30% ad valorem levy was clearly insufficient to deter indiscriminate recruitment of maids or to curb the increase in their numbers. In the first six months of this year alone, there was an increase of nearly 5,000 foreign maids, much more than the total annual increase for the previous year of 3,000 which was already high. Many who had no genuine need for domestic help were recruiting foreign maids. Others were deploying them for unauthorized work. Under-declaration of wages in order to pay a lower levy was also increasing. These problems will become more acute as local incomes increase; the low cost of foreign maids will lead to an ever increasing demand. There is no inconsistency between the $120 flat levy and the objective of getting more married women to join the workforce.”
“The figures sought by the Member are not available in the breakdown required.”
“The employer will continue to pay this higher quantum for such employee. Finally, Sir, the Home Protection Insurance Scheme covers members who have purchased a house or flat from the HDB, JTC, HUDC or the Minister for Finance (Mindef Housing Scheme) with CPF moneys and who have mortgaged the property to such bodies. The amendment in clause 7 is to extend the Scheme to members who have purchased an HUDC Phase III property from the HDB with CPF moneys but have obtained a mortgage loan from an approved mortgage instead of the HDB. 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 - [Prof S. Jayakumar]. Bill considered in Committee; reported without amendment; read a Third time and passed. ADJOURNMENT TO A DATE TO BE FIXED (Motion) Resolved, 'That at its rising today Parliament do stand adjourned to a date to be fixed." - [Mr Teh Cheang Wan]. ADJOURNMENT MOTION”
“Thank you, Mr Deputy Speaker, Sir. Under the Scheme, the cash grant will be credited into the Ordinary account of the member and can only be used for the purchase of an HDB flat. The section will also provide for the recovery of the cash grant from any moneys standing to the credit of the member in the Fund, if the cash grant was obtained by any false or misleading statement or document or if the member has committed a breach of any of the terms and conditions of the cash grant. As regards the limits on contributions, Sir, there is no limit on the employer's CPF contribution for the public sector, ie the civil service and statutory boards. Non-pensionable officers enjoy the employer's CPF contribution at the full rate, currently 25%, and pensionable officers at the par- tial rate, currently 15%. The pensionable officers are also eligible for benefits under the Pension Scheme. Government's intention to set appropriate ceilings was indicated one year ago. In May this year, Government announced the limit on the employer's CPF contribution for the public sector so that the superannuation benefits of the pensionable officers will not be less favourable than those of non-pensionable officers. However, as the current contracts of employment of some statutory boards stipulate that the employer's CPF contribution is without any limit, amendments are necessary to implement this decision and to remove any doubts. Hence, the effect of clause 3 of the Bill is to provide that no statutory board shall be liable to pay CPF contributions in excess of the prescribed amount. However, where, for any individual, the quantum of the employer's CPF contribution already exceeds this prescribed ceiling, the contributions payable by the employer will be frozen at this quantum.”
“Mr Deputy Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the Bill is essentially a technical enabling legislation to provide the legal framework for: (a) the Medisave Scheme; (b) extension of the Home Protection Insurance Scheme to HUDC Phase Ill home-owners; (c) the imposition of a ceiling on the employers' contributions by statutory bodies; and (d) any Cash Grant Schemes. Sir, the details of the amendments are in the Explanatory Statement and I shall not repeat them here. I shall merely touch on the more important aspects of the Bill. As regards the Medisave Scheme, the main features of the Scheme were debated in this House and it was approved in principle by this House in August last year and came into effect on 1st April, 1984. Clauses 2, 4, 5 and 8 are to provide the legal framework for the implementation of the Medisave Scheme. They will, inter alia: (i) create Medisave accounts and provide for the transfer of balances in members' special accounts as at 1st April 1984 to their Medisave accounts. (ii) provide that a member will not be entitled to withdraw any moneys in his Medisave account when he reaches the normal age for withdrawals of his other amounts in his CPF. Provision is also made for self-employed persons who will be covered by the Medisave Scheme and all contributions paid by them will be credited into their Medisave accounts. As regards the Cash Grant Scheme, Sir, the details o,f the Scheme, which is under the charge of the Ministry of Home Affairs, have been widely publicised and it was implemented on 1st June 1984. The new section 11 B in clause 4 will empower the CPF Board to accept any cash grant made by the Government for the purpose of such Cash Grant Scheme.”
“Mr Deputy Speaker, Sir, obviously this is a question on which different people will have different ideas. The approach taken in the framing of this legislation on this point is simply this. If we want to encourage a layman, however educated he is, whatever education he has received, if he feels he has a genuine grievance, a genuine claim, to be able to come to the court, he should know that there are as few inhibiting factors as possible. The other side will not be represented by a lawyer. He will have to present his own case. Imagine the position if there is a large audience around him. Surely this will be an intimidating inhibitive factor. If one side is allowed to bring friends, the other.side must also be allowed to bring friends. For many people who have never stood up and spoken before a strange forum, this could be an inhibiting factor. So I think we should try to have as informal, as simple procedures, with as few strangers and audience as possible. This will promote expeditious and smooth handling of the cases and the Referee will be able to give the decision. 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. - (Prof S. Jayakumar). Bill considered in Committee; reported without amendment; read a Third time and passed. ROAD TRAFFIC (AMENDMENT NO. 2) BILL Order for Second Reading reed. 4.24 pm”
“The point that he has raised is that clause 36(2) provides that the court may not reverse a determination of the Small Claims Court on questions of fact. His point was that some questions purporting to be questions of fact may indeed be questions of law. But surely we must leave it to the Court of Appeal to decide whether an alleged question is a question of fact or question of law. That determination is one which must be left to the Court of Appeal. Sir, I think I have covered most of the points.”
“So no party to any proceeding before a tribunal shall be represented by an advocate and solicitor. And I am sure the tribunal will be able to interpret both the spirit and intent of this provision. The Member has expressed reservation and criticism of clause 22 which says: 'All proceedings before a tribunal shall be held in private.' Why is this so? There are good reasons. Many of our laymen are reluctant to go to the tribunal because of publicity. If everything they say in a tribunal is going to be reported the next day with photographs and sensational headings, this is going to put off bona fide consumers who have grievances from going to the Small Claims Court. On the other hand, the Member for Anson has forgotten to relate this to clause 42 of the Bill which says: 'The Registrar shall cause to be published, in such manner as the Minister from time to time directs, such particulars relating to proceedings in tribunals as the Minister specifies in the direction.' It is perfectly possible that orders and decisions could be publicized in the direction. The Member has advocated the need for laws of evidence to prevail. But this would precisely conflict with the objective of keeping the proceedings as informal as possible. If the laws of evidence were to apply, as we know, the evidentiary rules are fraught with technicalities which no layman will be able to understand. So this is why it is provided in clause 25 that: 'A tribunal shall not be bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.' Finally, the point raised by the Member for Anson regarding clause 36 on appeals.”
“Only when a mutual agreement cannot be reached will the Registrar arrange for the claim to be heard before a Referee in a tribunal. An order made by the Registrar or Referee in a tribunal is binding on all the parties and is enforceable in a Magistrate's Court. Costs will not be awarded against any party unless his claim is frivolous or vexatious. The purpose of this is not to discourage genuine claims. There shall be no appeal against an order made by a tribunal except on a question of law or where an appellant alleges that the claim was outside the jurisdiction of the tribunal. Sir, the proposed scheme, of course, is new to Singapore although it has been tried successfully in a number of countries with a similar legal and judicial background such as New Zealand, Australia and Hong Kong. Since this is the first time that such a tribunal is being established in Singapore, its jurisdiction is confined to small claims arising out of contracts for the sale of goods or for the provision of services. After the system has been tried out and found to be successful, consideration may be given to extending the jurisdiction of the tribunal to cover other types of actions. This Bill represents an important milestone in the field of consumer protection, and I hope that Members will whole-heartedly support it. Sir, I beg to move. Question proposed. 3.33 pm”
“Sir, this Bill attempts to assist a consumer who has a claim of up to $2,000 relating to the sale of defective goods or to the provision of shoddy or unsatisfactory workmanship to pursue such a claim in a Small Claims Tribunal. Claims above $2,000 will be dealt with by the normal civil courts. Through the tribunals, it is hoped that such small claims can be souled quickly to the satisfaction of the parties concerned. A consumer who has a complaint to make noeds only to fill in a form stating the facts of the case to the Registrar of the Small Claims Tribunal. For those who are less educated and are unable to file their complaints, the Consumers Association of Singapore has indicated its willingness to provide a service for this purpose. To emphasize the informality, the word "tribunal" is used. A tribunal connotes an atmosphere of informality and it is the informality of proceedings in a tribunal which is one of the reasons for its success in those countries where similar tribunals have been established. Each tribunal will be presided over by a Referee, who will be a legally qualified person. Again, the use of the term "Referee" implies a certain degree of informality. No party to the proceedings in a tribunal will be allowed to be represented by an advocate and solicitor. However, where a party involved is a firm or corporation, it may be represented by one of its employees. The informality of the tribunal and its simplified procedure should enable any layman to present his own case. An important feature of the Bill is that once a claim has been filed, the Registrar has the duty to call up the parties to a dispute before him to try to achieve a settlement.”
“Sir, our better informed consumers are now becoming more conscious of their rights as consumers and are more ready to assert their rights. Unfortunately, the market place is never always a perfect one nor operated entirely by honest traders. Consumers who have purchased defective products or have been given shoddy services sometimes encounter recalcitrant traders or workmen whenever they seek redress. Those who are confronted with this problem now have two courses of action open to them. They can seek the help of the Consumers Association of Singapore. Indeed, in the past year, CASE received nearly 1,000 written and more than 1,000 verbal complaints concerning defective products, exorbitant charges, unconscionable contracts and other mal-practices by traders and persons providing services. Although CASE has been rendering an admirable service, largely through the threat of using adverse publicity against the traders and companies concerned, it has to-date been successful in resolving only a small number of such complaints. The second course is for consumers to seek their redress and remedies in the courts. However, proceedings in the courts are often expensive, time-consuming and subject to technical and procedural complexities. The recovery of small claims, that is claims below $2,000, may therefore be hardly worth the effort. Cost is involved and is prohibitive and may well exceed the amount which the successful litigant could recover. There is, therefore, a clear need for a cheaper and less formal forum to deal with such small claims. As the decisions of the Small Claims Tribunal become widely known, it will also help consumers to become more aware of their rights.”
“Mr Deputy Speaker, Sir, on behalf of the Minister for Law, I beg to move, "That the Bill be now read a Second time." The primary purpose of this Bill is to provide for a speedy and inexpensive machinery to handle small claims arising from disputes between consumers and suppliers. The Bill seeks to do this by authorizing the setting up of one or more Small Claims Tribunals to deal with the settlement and adjudication of these claims. The Small Claims Tribunal will be constituted as part of the Subordinate Courts but will not be bound by strict rules of evidence or by normal court procedures. To ensure that costs are kept to a minimum and that a litigant will not be at a disadvantage because he is unable to afford legal representation, the Bill provides that the parties to the proceedings must present their own case and excludes representation by an advocate and solicitor. Although this Bill is being introduced by the Ministry of Law, it has its origin in the Ministry of Trade and Industry, whose objective for the Bill is to create a new institution to help consumers to protect themselves. Before touching on specific aspects of the Bill, I would like to briefly restate Government's basic thinking on consumer protection. The Government believes that the consumers are best protected through free trade and competition in a free market. Competition not only ensures that prices are the lowest possible but also ensures good quality and service. However, this does not mean that the consumer can make his purchases blindly. In order to get the most out of the free market, the consumer has to be vigilant and must shop around to compare prices, quality and services. He must also be aware of his rights as a party to a contract.”
“" If one looks at clause 14 carefully, this is what it says: '(2) No consent given by an employee under this section shall be valid unless the provisions of this section and section 38 have been explained to the employee and the employee has been informed of the times at which the hours of work begin and end, the number of working days in each week and the weekly rest day.' And the earlier part of the paragraph says that this applies to employees who have consented in writing to this new flexible 12-hour working day. On that note, Mr Deputy Speaker, I think I need not spend any more time dealing with the points resurrected by the Member for Anson. 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. - [Prof. S. Jayakumar]. Bill considered in Committee; reported without amendment; read a Third time and passed. ADJOURNMENT Resolved, "That Parliament do now adjourn to a date to be fixed." - [Mr S. Dhanabalan]. Adjourned accordingly at Sixteen minutes past Eight o'clock p.m. to a date to be fixed. CRIME STATISTICS 1978-1983, AVERAGE SENTENCES FOR ROBBERY AND HOUSEBREAKING OFFENCES 1976 TO 1983, AVERAGE PRISON SENTENCES (IN MONTHS) 1976 TO 1983, AVERAGE SENTENCES FOR OUTRAGING OF MODESTY, SNATCH THEFT, MOTOR VEHICLE THEFT AND EXTORTION 1976 TO 1983, RELAPSE RATE BY LENGTH OF SENTENCE, RATE OF COMMON ROBBERY AND AVERAGE SENTENCES IMPOSED ON ROBBERS (1976-1983), RATE OF HOUSEBREAKING AND THEFT AND AVERAGE SENTENCES IMPOSED ON HOUSEBREAKERS (1976-1983), (Cols. 1959 - 1974)”
“I do not intend to go into them, except one. On his resurrecting his point about the right to inquiry under section 14, this was a subject of debate between him and the previous Minister for Labour. The record is in the Hansard at the sitting on 19th March 1982. He complained then, as he complains now, that a court had decided or interpreted the provision in a particular way and he wants us in Parliament to change it. He blows hot and cold. Only this morning, in the discussion of the Criminal Law legislation, he made ardent pleas that the judicial discretion of the courts should not be tampered with. And he bemoaned the fact that Parliament was, in his interpretation, trying to fetter the discretion of the courts. Yet, barely hours later, he comes here and he asks us to overturn the judicial interpretation of the court. This speaks for itself! He says that in other countries there are provisions for complaints to be made on unfair dismissal. He talks about tribunals. We too have provisions for complaints of unfair dismissals, and victimization. The record speaks for itself. There have been cases where appeals are made to the Ministry of Labour, and where the com- plaints are justified, employees have been reinstated. In other cases where they are not reinstated, compensation has been ordered where a case has been made out. He has not read the provisions of the Bill, Mr Deputy Speaker. The best example of his complete lack of understanding of the Bill, which proves that he has not even taken the trouble to read the Bill in relationship to the Act, is when he asked about the 12-hour working day in clause 14. This was his question, "Where are the safeguards to prevent employers to force the employee into a 12-hour working day?”
“Mr Deputy Speaker, Sir, we can have the most grandiose Bill of Workers Rights drafted but, as the Member for Kebun Baru has said, what is the use of having a nicely drafted Bill of Rights when there is nothing really to bargain about? There are no jobs to bargain about in these countries. Bargaining is irrelevant because people are unemployed. We have enshrined in our Employment Act, and supplemented by the Industrial Relations Act, a scheme where workers have scope for bargaining, not for invisible jobs but for real jobs. In this connection, I think all those foreign critics or the Member for Anson might do well to read what Dr Winsemius has written in his published interviews in our press as to what is the real right when we talk about rights of workers. I remember, in this interview which was published in the local press, he said that in his view all the socialists in the International should read the Universal Declaration of Human Rights, and if I may quote him: 'And then the fools will find that one of the human rights is that of employment. Every one of them (in other countries in Europe) has managed to create with their stupid practices unemployment directly contrary to human rights.' In Singapore, Sir, for many years we have managed to have economic progress and stability and have achieved a situation of full employment, a record which very few other countries, developed or developing, can boast about. What is our task now? Our task is to go forward. The question. is not whether this Bill is pro-employer or pro-employee, as the Member for Anson tried to project it. This is not the approach. This Bill is pro-Singapore, is pro-progress and advancement; it is anti-unemployment, anti-deterioration of our economy. The Member for Anson raised several other topics.”
“They are not objections to the principles but the comments have been made on questions of implementation. While my Ministry will look into these detailed comments, I may now just touch on a few. The requirement as to flexible hours, 12-hour working day: I would like to point out that we have taken into account the previous concerns expressed in various informal discussions as well as in union dialogues. If one examines the provisions of clause 14 of the Bill, certain safeguards have, in fact, been incorporated there. The consent of the workers must be obtained. Sir, as far as the provision for deletion of the $50 in the provision for deductions for damages to goods or for money entrusted to an employee, I would like to point out that this section has a very restricted meaning. It deals not with goods generally but with goods expressly or specially entrusted to the custody of the worker. Of course, that section also deals with money. But in this connection, it may be worthwhile noting that, as we move into a cashless pay society, this problem should become a thing of the past. Mr Deputy Speaker, Sir, in a sense it may not be necessary for me to reply to the Member for Anson because effective rebuttals have been given eloquently by the Member for Pasir Panjang as well as the Member for Kebun Baru. I would say that his professed concern for workers' rights is today matched by his total lack of interest in what transpires in the proceedings on this Bill after he spoke. The fact that he left is typical of the depth of his concern for the rights of workers. The points he has raised are nothing new. They have been raised before. He makes constant references to the rights of workers enshrined in laws in other countries.”
“Mr Deputy Speaker, Sir, the hour is late and I am sure all Members as well as non-Members in the Chamber must be tired, and so I do not propose to dwell at length in my reply. I wish to thank the Members for Pasir Panjang, Bukit Batok and Kebun Baru for their comments. I have taken note of the various points they have raised. I am glad to note their positive support for the principles and provisions in the Bill. If I could generalize, they have qualified their support with a note of caution and some apprehension as to the ways in which the new provisions for cashless pay, for flexible working hours, for flexible working weeks, will be implemented, their scope for abuse and so on. I have taken note of their valid concerns. In fact, I would say that employers would do well to heed the points which have been expressed by the hon. Members this evening. As for the Ministry of Labour, I can assure hon. Members that the Ministry of Labour will not fail to keep these points in view when we monitor the implementation of these provisions. But above everything else, the so-called unenlightened employers referred to by the Member for Kebun Baru should take note that if they seek to implement these provisions in a short-sighted manner or in an exploitative manner, the greatest sanction really is, that they would lose these workers. In a tight labour market, unenlightened employers would be doing themselves in if they tried to exploit these provisions. I am sure that the workers and their representatives in the unions will be vigilant and will bring to the attention of the Ministry each and every instance of such malpractice for the Ministry to investigate. Sir, as far as the specific provisions commented on, I have taken note of them.”
“It did not take into account work schedules where the normal hours of work per day is more than eight. Clause 19 meets this shortcoming by providing new formulae to replace section 50. These formulae will ensure that payment to employees is more equitable and commensurate with their normal working hours. The new formula will also be applied for the purpose of calculating payment in lieu of a notice of termination and the amount of deduction for one day's absence from work by the employee as provided under clauses 4 and 7 of the Bill. Mr Speaker, Sir, the amendment Bill also removes obsolete and contentious issues under the Employment Act. Grey areas of the Act are often interpreted by the employer and employee naturally to their respective favour. However, with give and take, these issues can often be resolved without trouble. But where this accommodating spirit is absent, they can lead to disputes and work stoppages resulting in the loss of production. With doubtful issues clarified or deleted, the possible areas of friction between employers and employees will thus be removed leading to more harmonious industrial relations. Finally Sir, the Bill will also provide for enhanced penalties for various offences under the Act. Clause 37 will raise the fines from $500 to $1,000 and from $1,000 to $2,000. Sir, I beg to move. Question proposed. 6.50 pm”
“To induce workers to stay longer so that they can acquire skills, clause 17 provides for increasing annual leave entitlement with increasing length of service. Every employee is thus able to enjoy the current seven days' annual leave in his first year of service and an additional one day's leave for every subsequent year of service to a maximum of 14 days' leave in his eighth year of service. Sir, maternity leave is to encourage female workers to remain in the workforce after childbirth. Presently, a female employee is entitled to maternity leave of four weeks before and four weeks after confinement. This provision is considered to be too rigid, Female employees generally prefer the flexibility of having a shorter pro-confinement and a longer post-confinement leave. Clause 24 of the Bill will make it possible for a female employee, with the agreement of her employer, to take longer leave after confinement so that she will have more time to recuperate and to be with her newborn. The length of maternity leave, however, remains at eight weeks. Clause 24, Sir, will also enable a female employee who has served her employer for 180 days before the day of her confinement to qualify for paid maternity leave. The current provisions require her to work at least 180 days within a period of one year before she gives notice to her employer of the expected date of her confinement. This amendment will make it easier for female employees to qualify for paid maternity leave. Mr Speaker, Sir, section 50 of the Act provides a formula for calculating payments of salary for annual leave and sick leave and for work on a rest day or a public holiday in the case of monthly-rated employees. However, this was based on the traditional eight-hour day work schedule.”
“However, with more and more retail banking outlets, particularly automated teller machines being set up, this is not the case. Further, we must look at the issue from the wider national perspective. If every worker has a bank account, he will soon learn to pay his regular bills, such as HDB instalments, PUB bills and other bills, through the Giro computerized system. This will reduce the overall manpower requirements in Singapore and remove the need for people to take time off to queue at payment counters. Mr Speaker, Sir, another aspect of raising productivity is to strengthen the ties between the employer and the employee. This will make the employee identify with his company and work with greater commitment. While the Bill provides for improved provisions on annual leave and maternity leave, we would rather leave it to the employers to provide for better terms and more attractive benefits over and above those mandated now by law so that employees will see these improved terms and benefits as having come from employers rather than mandated by legislation. It will therefore lead to a more committed workforce, willing to stick by the company through thick and thin and making sacrifices in times of the companies' difficulties because they are assured that their employers will think of their welfare in good times. Such a motivated workforce will, in turn, lead to higher gains for both the employer and employee and ultimately to a more robust economy for Singapore. The improvement in annual leave in clause 17 is to enable employees to enjoy more leave benefits if they remain with the same employer. New employees tend to move from one employer to another in search of better terms and conditions of employment. This often disrupts skills training.”
“Further, by having to work lesser number of days a week, they save on the cost of transportation to and from work. The longer rest periods will also enable them to spend more time with their families, socializing or recreation. Employees need not fear losing over-time earnings as employees cannot avoid overtime rates of payment by manipulating working hours and rest day schedules to meet unexpected work loads because work schedules must be rostered in advance. Apart from this, employees' interests are also protected if the work day is extended beyond nine hours up to 12 hours as allowed in clause 14. This clause requires employers operating on a non-shift system to obtain the workers' written consent first. Further, they are also required to explain to their employees the law governing working hours and inform them in advance of their working hours and the weekly rest days involved. Mr Speaker, Sir, another amendment to the Act to enhance productivity is in clause 21. At present, the salary of a workman must be paid in cash. His written consent is required if his salary is to be paid by cheque or through his bank account. Clause 21 removes this requirement. Sir, payment by cash is unproductive as it entails employment of staff to count money and to enclose it in pay packets. Security personnel are also necessary to escort large sums of cash in transit from banks to companies. Staff handling large sums of money also risk robberies and bodily injury. Workers themselves face some risk as there have been instances where entire pay packets were stolen on pay days. It might seem a great imposition on workers to pay them by cheque or through bank accounts just to improve productivity at individual factories.”
“Another example, Sir, is the definition of "week" in section 2 of the Act which makes it so inflexible that the weekly rest day of an employee has to be granted on the same day in every week. Mr Speaker, Sir, the amendments in the Bill will overcome the difficulties and inflexibilities that I have just mentioned. For example:- First, clause 13 of the Bill will give employers a flexibility to arrange work schedules which involve 40 hours of work over five days in a week followed by 48 hours over six days in the following week. Secondly, clause 14 of the Bill will enable employers to extend the 12-hour work day, which is currently allowed only for shift work, to non-shift work. Thirdly, the new definition of "week" in clause 15 will enable rest days to be scheduled up to 12 days apart as opposed to the current six days so that workers can take turns to have a rest on a weekend which is a fairer arrangement. In any case, the requirement that there should be a rest day during each week has to be complied with. These changes, however, do not affect the maximum number of hours of work a week which remains at " averaged over two or three weeks. Work which exceeds this limit will, therefore, still attract over-time rates of payment. These changes and the provisions for more flexible scheduling of working hours will help to raise productivity. However, employees also will stand to benefit in a number of ways. First, with more viable and profitable companies, employees will enjoy job security and will be able to negotiate for better wages and fringe benefits, as I have mentioned earlier. Secondly, these work schedules will result in employees being able to enjoy longer rest periods at a stretch.”
“Sir, manpower is our only major economic resource. We have to maximize the use of this resource by deploying it to produce higher value-added services and products. Only then can we assure our people of a growing standard of living. To achieve this, we need to attract high technology industries and services to invest in Singapore. As they are usually capital intensive, investors must operate their plants and facilities round the clock to achieve a viable rate of return. This, therefore, calls for greater flexibility in scheduling of working hours so that workers can be deployed to man these plants and facilities round the clock without suffering any disadvantage in their terms of employment nor any ill-health effects. The current provisions in the Act governing working hours and related provisions on rest days and work week were drawn up at a time when work round the clock was uncommon and the 8-hour day and 6-day week were the norm. These provisions impose constraints on employers when they want to arrange other work schedules which will mutually benefit employers and employees. For example, the limit on the hours of work per day in section 38 of the Act makes it impossible to arrange a 44-hour work schedule over a 5-day week. Further, the limit of 44 hours a week in the same section does not permit a work schedule which exceeds 44 hours in one week but less in the following week even though the average hours of work per week over the two weeks is not more than 44 hours. The section also does not allow employers to implement work schedules involving a work day exceeding nine hours up to 12 hours in a non-shift system, although those who operate the shift systems are presently allowed to do so.”
“Mr Speaker, Sir, in reviewing the Employment Act so that it can continue to contribute positively to our economic development in the next decade, we were therefore guided by the following objectives:- First, we sought to raise productivity by providing for flexible work schedules which, while maximizing the use of resources and production facilities, will also benefit workers. Secondly, we sought to enhance the nexus between employers and employees so that workers will work with motivation and be committed to their jobs and their employers. Thirdly, we sought to remove obsolete and contentious provisions within the current legislation to minimize disputes and thus foster more harmonious industrial relations. Sir, raising productivity will serve our long-term national interests. While it is more obviously to the interest of employers, it also works to the benefit of workers. With more viable companies, workers are assured of job security. Further, with more profitable companies, workers are in a better position to negotiate for better wages and welfare benefits. In amending the Act, Sir, we have examined labour laws and practices of relevant countries in the East and the West to see if there were elements in their legislation which could help us promote good labour management relations, productivity, and enhance economic growth. We have consulted the National Trades Union Congress, the Singapore National Employers' Federation and other major employers' organizations and took their views into account. Mr Speaker, Sir, I do not propose to go into the technical details of the Bill which are adequately covered in the Explanatory Statement. I shall rather dwell on the major amendments and briefly outline the thinking behind them.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the Employment Act, the main legislation governing the terms and conditions of employment in Singapore, was enacted in 1968. At that time, economic conditions were harsh and unemployment was high. The impending British withdrawal threatened to make things worse. However, the Act, particularly with the Industrial Relations Act, created the stable industrial climate necessary to instil confidence and attract foreign investments and to create jobs. Over the past 16 years, the Act has served us well. Industrial discipline engendered in the workers has helped to foster rapid and robust economic growth so much so that today we enjoy full employment despite adverse economic conditions which have crippled even the more developed economies of the West. Conditions over the last 1 1/2 decades, however, have changed rapidly. We started off as a mass producer of low cost and low value-added products and services competing successfully against other Third world countries. But with rising wage costs and growing competition from densely populated Third world countries with even cheaper labour cost, it is vital that we shift gear and move our economy upwards to the next plane of development. We need to continually upgrade our economy and produce higher value-added products and services which will not face such intensive competition. To achieve this, we must promote the growth of a more productive workforce in order that we may attract high technology industries and services.”
“That is a constraint and this constraint will be removed. If the police, in any particular case, are able to conclude the necessary investigations and follow-up and are able to charge a person within 24 hours, they will, of course, do so. Finally, he has asked me to consider whether the Police will inform the family. Of course, the police will inform the family. But each case will depend on its merits. In cases where the police may want to conclude investigations, they have to make sure that accomplices do not flee before they can be arrested. The police must have made the judgment as to whether it would be furthering the public interest in police investigations and to decide the precise moment when the family can be informed. They may feel that informing the family prematurely may lead to the fleeing of witnesses, intimidation of witnesses, destruction of evidence and so on. 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. - [Prof. S. Jayakumar]. Bill considered in Committee; reported without amendment; read a Third time and passed.”
“Mr Speaker, Sir, the Member for Anson has raised three points. The first point relates to the provisions seeking to amend the existing provisions on corrective training and preventive detention. I think he has failed, while looking at the Bill, to look at the existing provisions. If he looks at the existing provisions, he will find that the approach is to provide a minimum and - no provision is given in the existing law which has been in operation for some time for the decision to be made by a Board. The existing provisions provide for less than a certain number of years - not less than three years and not more than seven years in the case of corrective training; and not less than five and not more than 14 years in the case of preventive detention. So the approach taken is similar. What we have decided is, after examination of the crime pattern which has been spelt out in detail by the Minister for Home Affairs, to raise the minimum period. That is all that has been done. We have not changed the basic approach and philosophy. On the second point, he has asked whether the extension of 24 hours to 48 hours will become the rule. Sir, it must have struck the minds of hon. Members that it costs the Government money to incarcerate prisoners for longer than is necessary. They have to be housed. They have to be fed. Meals have to be given to them. There is no reason why the police, where they can charge a person after investigation within 24 hours, will not do so. I have already explained in my Second Reading speech just now that this is to give additional powers in cases where the 24 hours is not found adequate. This is the maximum period. The present law in the Constitution and in the Criminal Procedure Code places a 24-hour limit.”
“Mr Deputy Speaker, Sir, I do not wish to prolong this debate. Suffice it for me to say only that two significant developments have made it timely to review this mode of admission. First, our University Law Faculty since 1982 has already doubled its intake of students to about 200 a year. Secondly, a significant upgrading of academic and professional training has been undertaken both at the University and post-graduate practical course. This has been to upgrade the quality of the new entrants to the legal profession. The trend in many countries, Sir, if the Member for Anson does not know, is that admission to the legal profession is to be primarily available through the University graduating process. And also in Singapore this should be the main route of entry. 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. - [Prof S. Jayakumar]. Bill considered in Committee; reported without amendment; read a Third time and passed. ADJOURNMENT Resolved, "That Parliament do now adjourn." -[Mr S. Dhanabalan.] Adjourned accordingly at Seven Minutes past Seven o'clock pm.”
“So, Mr Deputy Speaker, Sir, the proposal to repeal the provisions for articleship is in a sense overdue. It has come from the Board of Legal Education in which representatives from the Judiciary, the legal profession, the Law Faculty, the Attorney-General's Chambers and the Ministry of Law are represented. And I think they had very good reasons for proposing this move. Mr Jeyaretnam rose -”
“It had a rationale at the time when there was no Law Faculty in Singapore. The Law Faculty has been in existence for 25 years. Articleship was an avenue to those who wanted to do law but could not afford to go to England, and therefore this avenue was open to them. The Faculty of Law having been in existence for such a long time, all those in that category who would have taken up law would now have made use of the opportunity. And as I have said, it has fallen into desuetude. Of the 18 candidates who were approved for the years 1977 to 1983 - I have even looked at the level of qualifications - only one of these candidates could have been admitted to the University on application during the year following the GCE 'A' level results. Eight of the candidates applied for articleship within a few years of sitting for the GCE 'A' level and would not have been admitted to the NUS. Eight other candidates who were admitted articleship were admitted after five years of working, and all of them did not satisfy the minimum admission requirements to the University. In other words, a very large percentage of those who have been registered for articleship would not have been admitted to the University on merit. Therefore, it is important, in my view, that the articleship should not serve as a backdoor entry into the legal profession of persons who would not have been able to make it to the University on merit. The Member for Anson talks about those who are unable to go to the University for financial reasons. I think the Minister of State of Education will be able to tell him that there is no lack of financial bursaries or scholarships available for a person who is able to get admission to the University but who faces financial difficulties to take up the offer.”
“So also in the professions - medicine, dentistry, architecture, law, and what-have-you. The injection of good brains from abroad can have but only one consequence, and that is, to inject new blood, new talent, in various sectors, specialized sectors, general aspects of legal practice, and this will give a further boost to the skills that are available in our legal profession. He says we are letting in all and sundry. Obviously he has not read the Bill nor has he listened to my opening remarks. As to the widening of the definition, if he had looked at the Bill he would see that it is not letting in all and sundry. First and foremost, the Board of Legal Education has to advise the Minister. It has to deliberate and recommend a list of these additional qualifications. Those persons who come within the list do not automatically come in. They must satisfy the Board that they have attained a sufficient standard. Third, they must get a certificate. Fourth, the Board can impose such conditions or requirements as it thinks fit to be complied with by an applicant. The Member has not read any of these provisions. With regard to the Hong Kong practitioner, he again has not read it. It is not letting in all and sundry but a person who has had at least three years' practice in Hong Kong; not all, but only a person who satisfies the Board or the Attorney-General. The Board or the Attorney-General must certify that such a person, by reason of his qualification and experience, is a fit and proper person. Again, there is no automatic entry. Third point - cutting down articleship - "why this is necessary", "how it discriminates." I have already explained that this provision for articleship is, in fact, an anachronistic provision.”
“Mr Deputy Speaker, Sir, the first point raised by the Member for Anson is: why is this necessary; is there a dearth of local lawyers since we are opening the door wide to all and sundry? He finds this objectionable. I thought, in my Second Reading speech just now, Sir, I have set out the rationale quite clearly. The issue is not whether there is a dearth or whether there are adequate numbers. The issue really lies with all sectors, the public sector and the private sector. Singapore has managed to reach its present stage of development because we have never practised a closed-shop policy. We have extended our arms to talented and skilled persons coming into Singapore, joining hands with Singaporeans, establishing roots, and this has added and widened our pool of skilled persons and resources to sustain the economy, the progress and the stability that we have had. The years ahead of us are full of challenges. The question is, how do we go forward? We must continue with the same policy in the public sector or private sector. This has been an important ingredient of our success in the past, specifically with regard to lawyers. Whether there is a dearth or not, whether there are adequate numbers in terms of quantity, is not the issue. The question is this: The Member for Anson says that admitting these foreign talented and skilled persons will be to the detriment of local Singaporeans. I do not think so. In our policies administered thus far, has the admission to the public sector or private sector of skilled persons been to the detriment or been to the benefit of Singapore? The answer clearly is that it has been not only to the benefit of Singapore but it has also proved indispensable because of the limited pool of talent we have in the various sectors.”
“Now that the Law Faculty has been in existence for more than 25 years, these provisions can no longer be justified and should be repealed. In any case, the figures show no more than 13 advocates and solicitors who have qualified in this manner all these years. However, transitional provisions are incorporated to ensure that the position of those already registered as articled clerks is not affected. The Board of Legal Education further has made provisions for those who, in good faith, have started on their one-year's employment with an advocate and solicitor with a view to articleship. Sir, I beg to move. Question proposed.”
“Lawyers from Hong Kong, in particular, have been brought up in the traditions of English common law. The talented and experienced among them afford us in Singapore a unique source of talent. The new section 13A in the Act relating to admission of Hong Kong lawyers is analogous to the provisions in our Act for admission of Malaysian practitioners of at least three years' standing. However, here again, there are controls to ensure that standards will be maintained, both in regard to expertise and integrity in the discharge of professional duties and obligations. Thus, there is a further requirement of such Hong Kong practitioners having to practise for two years with or as an associate of an advocate and solicitor in Singapore of at least 12 years' standing before he would be permitted to practise on his own. Moreover, during that period of two years, he must have resided in Singapore for a period of 12 months in the aggregate. However, in exceptional and deserving cases, the Minister may waive this requirement. Finally, let me refer to the third object of this Bill which is to repeal the provisions relating to articled clerkship (clause 6). This is an amendment made at the instance of the Board of Legal Education. This route of entry into the legal profession could be justified when there was no Law Faculty in Singapore and when the only way one could become a lawyer was to study in the United Kingdom. Those who could not afford it, at least had this other avenue open to them. It had never been a popular method of obtaining legal qualifications and, with the creation of a local Law Faculty since the late 1950s, it has fallen into desuetude.”
“We must, therefore, ensure that our legislation governing the various professions is consistent with this overall objective. It is therefore proposed to amend the Legal Profession Act to confer discretion to grant recognition to certain university or professional qualifications of Australia, New Zealand, Canada, Malaysia, Hong Kong or other countries where the legal systems are based on common law. Therefore, clause 3 of the Bill will empower the Minister (on advice of the Board of Legal Education) to declare any degree or qualification to be a sufficient qualification for admission to practise law. At the same time, however, care has been taken to ensure that proper control will be exercised. Thus, the clause provides that persons in possession of such declared qualifications will not have automatic entry but will have to satisfy the Board of Legal Education of the sufficiency in standards they have attained and will have to obtain a certificate from the Board to that effect. Such persons will also have to attend the post-graduate practical course, to serve pupillage and fulfil other requirements applicable to qualified persons. Sir, I pass on to the second object of the Bill which is to provide for the admission of Hong Kong practitioners who have been in practice for at least three years. This is dealt with in clause 5. This provision is considered necessary in order that we attract to Singapore the considerable pool of legal talent in Hong Kong that exists today. The legal system in Hong Kong approximates closely to Singapore. Sir as Members are aware, we are actively seeking to attract skilled and talented persons from Hong Kong. These efforts to attract the best talents and brains from Hong Kong must also include the recruitment of good legal talent there.”
“Mr Deputy Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, this Bill has three main objects. The first is to extend the classes of legally trained persons who may be admitted to practise here. The existing definition of "qualified person" is very restrictive. Only those who have qualified as barristers or solicitors in the United Kingdom or those who have graduated from our local Law Faculty are regarded as qualified persons for the purpose of the practice of the law. An excellent graduate who studied in Australia, New Zealand, Canada, Malaysia, Hong Kong or other universities cannot at present be admitted to practise in Singapore. Such a restrictive approach is not in the public interest as it excludes persons who are competent and are of the right calibre but who received their legal education elsewhere than in Singapore or the United Kingdom. We must attract good legal talent from a wider pool to come to Singapore for employment in either the private sector or the Legal Service. However, they are not likely to come so long as they cannot be professionally qualified. In order to widen the pool of legal talent available, we must allow entry of the more highly qualified lawyers from countries where legal systems are based on common law. Sir, Singapore's talent pool is limited. We must persuade talented and skilled persons who can be assets to Singapore, in every sector, to come to Singapore and strike roots here. It is only this way that our society can have that extra lift necessary to sustain as well as to take our economy and our country to even greater heights. With this in view, our policy is to freely allow qualified professionals with recognized qualifications to work in Singapore.”