CIVIL LAW (AMENDMENT) BILL

Order for Second Reading read.

Mr J. M. Jumabhoy: Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

This Bill seeks to amend the provisions of section 5 of the Civil Law Ordinance by restoring the provisions of the repealed section 4 of the English Sale of Goods Act. Section 5 of the Civil Law Ordinance provides that in all issues which arise in Singapore with respect to mercantile law and regarding which there are no local laws, the law to be administered shall be the same as would be administered in England. Under this section, the English Sale of Goods Act, 1893, is law in Singapore.

Recently section 4 of the Sale of Goods Act in England was repealed by the English Law Reform (Enforcement of Contracts) Act, 1954, so that contracts for the sale of goods of the value of �10 and upwards need no longer be evidenced in writing by the party to be charged, nor need there be acceptance of something given in earnest or in part payment to make the contract enforceable.

Business transactions in Singapore differ from those in England in that more often than not they are carried out through the medium of a broker. The broker, working on a commission, is therefore an interested party and he would now be able to give evidence on oral contracts as a corroborative witness. Litigation could thus take place, heavily weighted on one side, which would be impossible if the requirements of the repealed section 4 of the Sale of Goods Act were in force. Representations have been received, including those of the Singapore Bar Committee that, the provisions of section 4 of the Sale of Goods Act should be in force in Singapore. The Government has considered these representations and agree that these provisions should be restored in the form of this amendment to the Ordinance.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time.