CRIMINAL LAW (TEMPORARY PROVISIONS) BILL

Considered in Committee.

[Mr Speaker in the Chair]

Clause 1 -

Mr John Ede: Mr Chairman, Sir, I beg to move the following amendment standing in my name,

On page 1, line 9 to leave out "three years from the date of commencement" and insert "one year from the date of commencement and for any further period of one year for which it may be continued by resolution of the Legislative Assembly".

Sir, in view of the fact that the Government has not accepted a similar amendment to the previous Bill, I am afraid that we are fighting a lost cause. Nevertheless, I must emphasise again that I think the Government will be making an equally grave mistake if they reject the amendment to this Bill. Having built up a case for the retention of the Emergency Regulations which is unassailable - and their retention has never been disputed by the Progressive Party even though we may not like their translation into law - it seems to us the height of folly for the Government to destroy a good deal of that case, even to the extent of making their motives suspect, by sticking to the period of three years.

I wish to make only one point. Certain irresponsible groups - I need not name them again - have tried to make out that Part V, dealing with illegal strikes in essential services, is a blow aimed at destroying the trade union movement. This, of course, is nonsense. These Regulations have been in force for several years and I see no signs of the trade union movement having been destroyed. Nevertheless, Sir, colour can be lent to that argument if the hon. Members opposite remain adamant. Let us be quite clear that to delay the right of striking is a curtailment of liberties for emergency purposes only, and should therefore be the subject of regular review. That is the very least that the honest and sincere trade unionist has a right to expect. Sir, I beg to move.

Question proposed, "That the words proposed to be left out, be left out."

Mr Goode: Sir, as the mover of this amendment foresaw, we have already made our position clear in principle on this matter in the previous Bill which we considered this morning, and I will not detain the House longer than to say again that we, on this side of the House, are always ready to face our responsibility to this House at any time; and it is open to Members opposite to ensure that we discharge that duty by means of questions and other procedures in this House. But we also take the view that it would not be right, in the present circumstances, for us to subject Singapore annually to the kind of agitation which we have had during the last fortnight. So, we on this side will not accept this amendment any more than we were able to accept a similar amendment this morning.

Question, "That the words proposed to be left out, be left out," put, and negatived.

Clause ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Clause 4 -

Mr Goode: Sir, I have an amendment in my name on the Order Paper to this clause. I move,

On page 3, lines 33 to 35, to leave out "death or with imprisonment which may extend to imprisonment for life or with whipping or with both such imprisonment and whipping" and insert "imprisonment for life and shall also be liable to whipping".

Sir, on further consideration, we have come to the conclusion that it is not necessary to prescribe the death penalty in this clause, which deals with persons who are in possession of or carrying explosives. On further consideration, we did not consider it is necessary to insist on the death penalty there. Moreover, there is, to some extent, a breach of principle in imposing upon the courts the task of deciding in any given case whether the penalty of death or penalty of imprisonment should be imposed in accordance with the facts before the court at that time. So it is that I now move to delete the death penalty but to substitute therefor a penalty which we consider is a necessary deterrent, namely, life imprisonment, and to add to it liability for whipping, so that if this amendment is accepted, Sir, the penalty in this clause will be life imprisonment and also liability to whipping.

Question, "That the words proposed to be left out, be left out," put, and agreed to.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Clause 6 -

Mr Goode: Sir, similar considerations apply to those that I have mentioned just now in regard to clause 4, and again I move the amendment standing in my name on the Order Paper, namely,

On page 4, lines 15 to 17, to leave out "death, or with imprisonment which may extend to imprisonment for life or with whipping or with both such imprisonment and whipping" and insert "imprisonment for life and shall also be liable to whipping",

which seeks to change the penalty from death or imprisonment for life, or whipping, or both imprisonment and whipping, to a penalty of life imprisonment plus liability to whipping. I beg to move.

Question, "That the words proposed to be left out, be left out," put, and agreed to.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clauses 7 and 8 ordered to stand part of the Bill.

Clause 9 -

Mr Goode: Sir, this is to correct really a printing error. I move,

On page 6, line 6, after "be" to insert "a".

Question, "That the word 'a' proposed to be inserted, be there inserted," put, and agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clauses 10 to 22 inclusive ordered to stand part of the Bill.

Clause 23 -

Mr Lim Yew Hock: Mr Chairman, Sir, may I seek some direction from you whether I should move all the proposed amendments at the same time, as they are the only amendments to this particular clause?

The Chairman: I think possibly you should take the first one first.

Mr Lim Yew Hock: As you please, Sir. I move,

On page 12, lines 17 and 18, to leave out "No person employed in any essential service shall go on strike in breach of contract" and insert "No workman employed in any essential service shall go on strike".

Sir, there is no point in using the word "person" when "workman" is fully defined in clause 22, and the words "breach of contract" are left out because it is felt that a breach of contract is a civil matter between the employer and his employee.

Question, "That the words proposed to be left out, be left out," put, and agreed to.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Mr Lim Yew Hock: Sir, I move,

On page 12, line 29, after the word "Ordinance" to insert "or of any proceedings of a Court of Inquiry appointed by the Minister under section 6 of the same Ordinance".

Sir, in this particular sub clause (1) (d), all conciliation proceedings are mentioned except a Court of Inquiry, which seems to have been overlooked, and the amendment seeks to provide for the inclusion of a Court of Inquiry.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Mr Lim Yew Hock: Sir, I move,

On page 12, line 30, to leave out the full stop and insert a colon and the words "Provided that nothing in this paragraph shall prevent a workman going on strike after the expiry of sixty days from the date on which notice of strike is given under paragraph (a) of this subsection".

Sir, without the proviso, subclause (1) (a) imposes too severe a restriction on the right to strike, as the conciliation proceedings might drag on for a considerable time. The time limit of sixty days suggested in this amendment is to allow about one month for preliminary conciliation meetings in the Labour Department obtaining answers from the parties as to whether or not they agree to arbitration, and finding suitable persons willing to serve as arbitrators or as a Court of Inquiry; and the second month should be sufficient for the arbitrators or the Court of Inquiry to complete their proceedings and make their award or report.

Question, "That the full stop proposed to be left out, be left out," put, and agreed to.

Question, "That a colon proposed to be inserted, be there inserted," put, and agreed to.

Question, "That the words proposed to be inserted, be there inserted,", put, and agreed to.

Mr Lim Yew Hock: Sir, may I now move the remaining two amendments together as they are similar to amendments (ii) and (iii) on the Order Paper?

The Chairman: No, will you please move the first one first?

Mr Lim Yew Hock: As you please, Sir. I move,

On page 12, line 43, after the word "Ordinance" to insert "or of any proceedings of a Court of Inquiry appointed by the Minister under section 6 of the same Ordinance".

This amendment is necessary, Sir, in lieu of the amendment to subclause (1) (d), so that what applies to the workman equally applies to the employer.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Mr Lim Yew Hock: Sir, I move,

On page 12, line 44, to leave out the full stop and insert a colon and the words "Provided that nothing in this paragraph shall prevent an employer locking-out any workman after the expiry of sixty days from the date on which notice of lock-out is given under paragraph (a) of this subsection".

This amendment, Sir, is consequential upon the amendment to subclause (1) (d).

Question, "That the full stop proposed to be left out, be left out," put, and agreed to.

Question, "That a colon proposed to be inserted, be there inserted," put, and agreed to.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clauses 24 to 30 inclusive ordered to stand part of the Bill.

Clause 31 -

Mr Lim Choon Mong: Mr Chairman, Sir, for similar reasons to those given in the Public Security Bill, I move an amendment as follows,

On page 15, lines 8 to 13, to leave out:

"(1) Any police officer of or above the rank of Inspector may without warrant and with or without assistance-

(a) enter and search any premises;

(b) stop and search any vehicle or individual, whether in a public place or not,",

and insert therefor:

"(1) Any police officer may without warrant and with or without assistance -

(a) if not below the rank of Assistant Superintendent of Police, enter and search any premises;

(b) if not below the rank of Inspector, stop and search any vehicle or individual, whether in a public place or not,".

Amendment handed in.

Mr Lim Choon Mong: Sir, I feel that there should be a similar amendment in this Bill so as to bring it in line with the previous Bill, otherwise the good effect that we may have and the good intention of the Government side may be lost by exercise of this Bill. Sir, I beg to move.

Question proposed, "That the words proposed to be left out, be left out."

Mr Goode: Sir, I would be happy to accept that amendment for reasons given by the mover, though I shall, in due course, ask the Committee to insert a similar proviso.

Question, "That the words proposed to be left out, be left out," put, and agreed to.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Mr Goode: Sir, I move,

On page 15, line 16, to leave out the full stop and insert a colon and the words "Provided always that any police officer not below the rank of Inspector may exercise the powers conferred by this subsection on a police officer not below the rank of Assistant Superintendent of Police if he has good grounds for believing that by reason of the delay which would be caused by referring to an officer not below the rank of Assistant Superintendent of Police any such evidence is likely to be removed."

Amendment handed in.

Mr Goode: The wording of that proviso, Sir, is as nearly the same as I can draft it to the similar proviso which we accepted in the parallel clause in the previous Bill. It is merely that, in the event that an Inspector feels that waiting to obtain the authority of an Assistant Superintendent of Police would prejudice the securing of evidence, he should then be able to proceed; otherwise, it would be an Assistant Superintendent of Police before he could go into a man's house.

Question, "That the full stop proposed to be left out, be left out," put, and agreed to.

Question, "That a colon proposed to be inserted, be there inserted," put, and agreed to.

Question, "That the words proposed to be inserted, be there inserted," put, and agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clauses 32 to 38 inclusive ordered to stand part of the Bill.

Clause 39 -

Mr John Ede: Sir, I beg leave of the Committee to withdraw the two amendments standing in my name.

The Chairman: You have not proposed the amendments, so it is not necessary to beg leave to withdraw.

Mr Lee Kuan Yew: Retreat first!

Clause ordered to stand part of the Bill.

Clauses 40 to 46 inclusive ordered to stand part of the Bill.

First to Fifth Schedules ordered to stand part of the Bill.

Sixth Schedule -

Mr Goode: Sir, I move,

On page 21, item 8, to leave out "Telegraph" and insert "Telephone".

This corrects a typing error. Can I put that one first, Sir, before going to the next one?

The Chairman: Yes. Question, "That the word 'Telegraph' proposed to be left out, be left out," put, and agreed to.

Question, "That the word 'Telephone' proposed to be inserted, be there inserted," put, and agreed to.

Mr Goode: Sir, on the same Schedule, I move,

On page 21, item 11, to leave out "oil".

My purpose in asking to delete the word "oil", Sir, is that the juxtaposition of the words "fuel" and "oil" could be taken to mean "fuel oil", which I am advised is the technical description of a certain type of fuel; whereas, in fact, I wish the word "fuel" in its widest sense to include both what is known as fuel oil and diesel oil, and other forms of fuel. So as to avoid any misunderstanding, it will read "fuel and lubricants".

Question proposed,

"That the word 'oil' proposed to be left out, be left out."

Mr Lee Kuan Yew: Mr Chairman, Sir, item 11 with "oil" deleted will read "Bulk distribution of fuel and lubricants". I think it is an arguable point whether, if you put "fuel and lubricants" without "oil", the thing becomes clearer, since fuel will be classified as a lubricant. There are other kinds of fuel besides oil, and, quite unwittingly, I think the Government may be extending the whole scope of item 11 in the Schedule. "Fuel and lubricants" - firewood is fuel. Mr Chairman, Sir, if the Chief Secretary has any doubt as to the meaning of the item as it stands - "Bulk distribution of fuel oil and lubricants" - it might be put down as "Bulk distribution of fuel, and oil and lubricants".

Mr Goode: I congratulate the Member for Tanjong Pagar on his perspicacity. It is precisely what I do intend - fuel in the widest sense, and lubricants.

Mr Lee Kuan Yew: Nonsense!

Mr Goode: I am sorry if you think it is nonsense, but it is what I -

The Chairman: Order, please.

Question, " That the word 'oil' proposed to be left out, be left out," put, and agreed to.

Sixth Schedule, as amended, ordered to stand part of the Bill.

Seventh Schedule ordered to stand part of the Bill.

Bill reported, with Amendments.

Third Reading

Mr Speaker: Third Reading, what day?

Mr Goode: Now, Sir. I beg to move, Sir, "That the Bill, as amended, be now read the Third time."

Question put.

The Chief Minister: Division, Sir.

Mr Speaker: Clear the lobbies.

The Chief Minister: Vote against that?

Mr Speaker: Order, please.

Mr Lee Kuan Yew: Whoever said we would? I have always supported law and order. That is the P.A.P.!

Mr Speaker: Order, please.

The House divided: Ayes, 26; Noes, nil; Abstentions, 5. Ayes Noes Abdul Hamid Bin Nil Haji Jumat. Ahmad Bin Ibrahim. Braga, A. J. Butterfield, C. H. Chew Swee Kee. Goh Chew Chua. Goode, W. A. C. Hart, T. M. Abstentions Jumabhoy, J. M. Ede, John. Lazarous, A. R. Goh Tong Liang. Lee Choon Eng. Jumabhoy, R. Lee Kuan Yew. Lim Choon Mong. Lim Cher Kheng. Lim Koon Teck. Lim Ching Siong. Lim, R. C. H. Lim Yew Hock. Mak Pak Shee. Marshall, D. S. Mohamed Sidik Bin Haji Abdul Hamid. Nair, M. P. D. Ong Piah Teng. Absent Seah Peng Chuan. Sutherland, G. A. P. Tan Theng Chiang. Tan, William. Thomas, Francis. Wong Foo Nam.

Bill, as amended, accordingly read the Third time.