WAR DAMAGE (WINDING UP) BILL

Legislative Assembly of Singapore · 7 March 1956 · 1st Legislative Assembly

Official Report, 7 March 1956, Vol 1, Issue 27 · Open in the reader (summaries, search, filters)

Order for Second Reading read.

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

Sir, it will be recalled that after considerable discussion in Joint Select Committee of the Legislatures of both Singapore and the Federation, the War Damage Commission and Fund was established by Ordinance in both territories in 1949. The Commission was set up in Kuala Lumpur to investigate claims for compensation for war damage, and to make payments from the Fund in accordance with the principles laid down in the law. This work has continued steadily since 1950. A great majority of the assessed claims have been paid. Staff has been steadily reduced over the past 18 months. The time has now come when an approximate limit can be placed on the existence of the Commission and when it is necessary to make all arrangements for its winding up.

The object of this Bill, therefore, is to make provision for the winding up of the War Damage Fund, the abolition of the Commission, and the repeal of the War Damage Ordinance. The various clauses of the Bill will come into force on dates to be determined by His Excellency the Governor.

Clause 3 provides a bar to legal proceedings in respect of any claims or awards or in connection with the winding up of the Fund.

Clause 4, which deals with the application of the Fund and the transfer of its assets, provides that, in the event of any award being in dispute at the date of the commencement of the Ordinance, the Commission may pay the award into Court, or make any other provision for payment as it thinks fit.

Clause 5 provides for the ultimate disposal of the Fund.

Clause 6 prescribes that the accounts of the Commission shall be audited as soon as possible after the application of the Fund. A copy of the accounts and of the Director of Audit's Report will subsequently be tabled in the Assembly.

Clause 7 provides for the disposal of the documents of the Commission and against legal proceedings arising from the disposal of these documents.

Clause 8 provides for the abolition of the Commission.

Clause 9 provides against proceedings directed against Government, the Commission, and any officer of these bodies in respect of war damage.

Clause 10 indemnifies Government or any officer of the, Government against any act done in good faith after the first of January, 1950.

Clause 11 seeks to amend subsection (1) of Section 10 of the War Damage Ordinance. Paragraph (a) has never been put into effect, and it is not intended to pay the expenses of the previous War Damage Claims Commission out of the Fund.

As regards clause 12, Section 11 (1) of the Ordinance confers an absolute right of payment in certain cases and, before commencing the winding up of the War Damage Fund, it is necessary to repeal this subsection. There are no outstanding cases covered by the subsection which clause 12 (1) accordingly seeks to repeal. The remainder of the War Damage Ordinance will be repealed when the provisions of clauses 8, 9 and 10 of the Bill are brought into force.

The provisions of the Bill are straightforward and will, I think, be generally acceptable to hon. Members. A similar Bill is being introduced at the next meeting of the Federal Legislative Council. It is hoped that the Fund will be wound up, the accounts and the Report tabled, and the Commission abolished by June of this year. Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time.

Source: Singapore Parliament Official Report (Hansard) for 7 March 1956. Republished on SGParliament.