LAND TITLES BILL

Order for Second Reading read.

The Minister for Local Government, Lands and Housing (Inche Abdul Hamid Bin Haji Jumat): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, the object of this Bill is to replace the present system of Registration of Deeds affecting land, with a system of Registration of Title. Of the jurisdictions throughout the world which have inherited English Law, Singapore must be one of the last to follow this course of certifying or guaranteeing the ownership of land.

Last year, the Government succeeded in obtaining the services of Mr John Baalman, Barrister-at-Law and Senior Examiner of Titles to the Registry of Titles, New South Wales. Mr Baalman is an expert on the Torrens System of land registration. The Bill before this Assembly is his work.

The advantages of the system of Registration of Title over the present system of conveyancing by deeds are now almost universally recognised. As long ago as 1891, the Judicial Committee of the Privy Council stated that the object of the Torrens System is "to save persons dealing with registered land from the trouble and expense of going behind the Register in order to investigate the history of their author's title and to satisfy themselves of its validity. That end is accomplished by providing that anyone who purchases bona fide and for value from the registered proprietor and enters his Deed of Transfer or Mortgage on the Register shall thereby acquire an indefeasible right notwithstanding the infirmity of his author's title."

More recently, Sir, a leaflet published by Her Majesty's Land Registry in the United Kingdom explained that the Registration of Title "gives finality".

The new Register will afford conclusive proof of the ownership of land, by an instrument called a Certificate of Title. The difference between the Title Register and the present Deeds Register is the difference between the positive and the negative. The Registration of Deeds Ordinance, in effect, says, "If you do not register your deed, it will be bad." The Land Titles Bill says, in effect, "If you do register your deed, it will be good." Between the economic consequences of these two effects, there is a wide gulf.

The advantages to Government and to statutory bodies of having readily accessible evidence of the ownership of land are obvious, but the major benefit will be enjoyed directly by private owners and purchasers. The public at large will also derive an indirect benefit; because when any necessary activity in the life of a community is performed at less expense and in less time than it has hitherto taken, a change must react to the advantage of the overall economy of that community.

The opportunity has been taken, incidentally to the improvement in the system of registration, to modernise certain aspects of the Law of Property generally, as, for instance, that relating to mortgages. I do not propose to go into the details of the Bill as these are dealt with at length in the Objects and Reasons attached to it.

It is not, of course, possible, Sir, to introduce a new system like this overnight. The intention is that the present Register of Deeds and the new Register of Title shall continue to exist side by side until the former is ultimately absorbed in the latter. The function of the Register of Deeds will be to feed and gradually to transfer its substance into the new Register until the old one can be safely laid to rest.

I think I have said enough, Sir, to convince hon. Members that this long overdue measure, which will bring great benefits to the people of Singapore, should not suffer any further delay, but should be proceeded with at once and it is my intention, Sir, immediately after the Second Reading to commit the Bill to a Select Committee. I beg to move.

Question proposed.

Mr John Ede (Tanglin): Mr Speaker, Sir, the Bill before us, beyond question, is a complex one. Even if it is not controversial in principle, it is certainly so in regard to several details and in the interpretation of many of its clauses.

It is a Bill which, in particular, needs the skill and experience of conveyancing lawyers to examine and, if need be, amend. It is therefore quite clear that this Bill, in order to become a satisfactory and more or less watertight piece of legislation, needs to be sent to a Select Committee of this House. We welcome the fact that this step is being taken, and we are glad to support it.

Question put, and agreed to.

Bill accordingly read a Second time.