SINGAPORE COLONY ORDER IN COUNCIL, 1955 (INTERPRETATION) (Message from the Governor)

Mr Speaker: Hon. Members, I have a message from His Excellency the Governor. It is dated the 22nd of July, 1955. This is the message:

"I understand that certain motions are before the Legislative Assembly this morning which concern the interpretation of the Order-in-Council, 1955, and that these motions arise out of recommendations made to me by the Chief Minister for the appointment of four Assistant Ministers, and of correspondence, thereafter, in which the Chief Minister took up the question of the exercise of my discretionary powers under the Order-in-Council. The exchange of letters has been presented to the Assembly at this sitting.

Honourable Members will recollect that on the occasion of my Installation, only three weeks ago, I gave an assurance that I intended to give my wholehearted help and guidance to the Council of Ministers in the execution of their policies and in the task of running the Government of Singapore, in order to bring about conditions in which the next stage in the advance towards self-government becomes not only desirable but possible. I am sure that, so soon after my arrival in Singapore, it is not necessary for me to renew these assurances.

It is now contended that my discretionary powers under the Order-in-Council, which are expressly excluded by section 19 (1) (i) from consideration by the Council of Ministers (which is the principal instrument of policy under the Constitution) are to be interpreted in a manner which would amount to an amendment of the Constitution. When the Chief Minister asked me to appoint four Assistant Ministers, I was required by Section 32 of the Order-in-Council to consult him and then to exercise my discretion as to whether or not these appointments should be made. While, of course, I would at all times give the greatest weight to the views of the Chief Minister, it will be noted that the language of Section 32 of the Order-in-Council puts upon the Governor merely the obligation to consult the Chief Minister, and there is no provision corresponding to Section 19 (2) requiring the Governor to act in accordance with recommendations made by the Chief Minister. If it had been intended that the Governor must act in accordance with the advice given, express provision to that effect would have been included.

The position regarding my discretionary powers under the Constitution is this, that, where the Governor is bound to accept the advice tendered to him, it is provided for expressly, and this can be seen by reference to Section 19 (2). The Order-in-Council clearly preserves to the Governor certain powers and duties, and these powers and duties cannot be given up, or delegated, to, the Council of Ministers without a radical change in the form of the Constitution. The Chief Minister now contends that I should interpret the exercise of my discretionary powers in a manner, which would amount to an amendment of the Constitution. As the Order-in-Council is made by Her Majesty's Government, any amendment of it must be subject to negotiations with Her Majesty's Government. It is not a matter, which can be settled merely between the Governor and the Chief Minister.

I should add that, yesterday morning, I received a message from the Secretary of State in which he confirmed my interpretation of the use of my discretionary powers under the Order-in-Council, and in which he expressed the hope that any amendments to the Constitution now under consideration could be deferred for discussion with him during his forthcoming visit to Singapore.

I feel bound to place on record my regret that the issue of an amendment to our new Constitution should have been raised in this way, namely on a relatively minor matter concerning the appointment of four Assistant Ministers, and that it should have been raised at a time when it may very well jeopardise the progress which has been made in the last three and a half months by the present Government. I consider that it will be a great pity if this record of progress, and the prospects of stable government, bringing, confidence to the community, are lost as a result of the issue now raised."

I have had copies prepared. They will be distributed now to hon. Members.

Copies of the Governor's message distributed.