DETENTION OF MEMBER (Constitutional position)

[Mr Speaker in the Chair]

Mr Speaker: The Honourable Member for Tanjong Pagar, in moving the motion standing in his name, in effect invited me to look into the constitutional position relating to the detention of the Honourable Member for Bukit Timah under the provisions of the Preservation of Public Security Ordinance.

I take it the question uppermost in the hon. Member's mind is the question of privilege. I had, of course, already looked into the position.

Under subsection (3) , paragraph (e) of section 47 of the Singapore Colony Order in Council, 1955, -

"The seat of an Elected or Nominated Member of the Legislative Assembly shall become vacant -

if he shall be sentenced by a Court in any part of Her Majesty's dominions to death or to imprisonment (by whatever name called) for a term of or exceeding twelve months;".

It would therefore appear from that section that Mr Lim Ching Siong is still a Member of this Assembly.

As a Member, he has, of course, prima facie, a right to enter the Assembly and take his seat in this Chamber. Whether or not his detention deprives him of that right is debatable.

Under section 65 of the Singapore Colony Order in Council- I quote -

"It shall be lawful, by laws enacted under this Order, to determine and regulate the privileges, immunities and powers of the Assembly and its Members; but no such privileges, immunities or powers shall exceed those of the Commons' House of Parliament of the United Kingdom of Great Britain and Northern Ireland or of the Members thereof."

We have, as hon. Members know, the Legislative Assembly (Powers and Privileges) Ordinance, 1955, and I can only draw the attention of hon. Members to paragraph (a) of section 15 of that Ordinance which reads:

"Any stranger in respect of the Assembly who - hinders or obstructs any member of the Assembly coming to, going from or being within the Chamber or the precincts thereof shall be guilty of an offence...".

In the House of Commons the detention of a Member under regulation 18 (b) of the Defence (General) Regulations, 1939, made under the Emergency Powers (Defence) Acts of 1939 and 1940 led to the Committee of Privileges being directed to consider whether such detention constituted a breach of the privileges of the House. The Committee reported there was no breach of privilege involved.

As the law now stands in Singapore, it is not for me to express any opinion in the matter. The question is one which will, if raised, have to be resolved elsewhere.