LOCAL GOVERNMENT (AMENDMENT) BILL

10.51 a.m.

First Reading

The Minister for Local Government, Lands and Housing (Inche Abdul Hamid Bin Haji Jumat): Mr Speaker, Sir, I beg to introduce a Bill intituled "Local Government (Amendment) Bill" to amend the Local Government Ordinance, 1957 (No. 24 of 1957).

Bill presented and read the First time.

Second Reading

Mr Speaker: Second Reading, what day?

Inche Abdul Hamid: Now, Sir. Mr Speaker. Sir, I lay upon the Table a Certificate of Urgency signed by His Excellency the Governor, Sir Robert Black, and desire to proceed with the Bill through all its other stages today.

Certificate of Urgency handed in.

Mr Speaker: The Certificate is in order. Are typed copies of the Bill available?

Inche Abdul Hamid: Yes, Sir.

Typed copies of the Bill handed in to the Clerk and distributed to hon. Members..

Mr Speaker: Please proceed.

Inche Abdul Hamid: Mr Speaker. Sirs as you are aware, the elections to the new City Council are to take place on 21st December, at which time the greater part of the Local Government Ordinance, 1957, will be brought into operation. It is necessary to make the amendments contained in this amending Bill before the new City Council is established, for the following reasons.

Firstly, the present definition of "City Council" in section 3 of the Local Government Ordinance, 1957, is inaccurate as the Royal Charter did not incorporate the City Council. This is corrected by the new definition at clause 2 of the Bill.

Secondly, clause 7 of the Bill amending section 320 of the Local Government Ordinance, 1957, makes it possible to repeal the City Council Elections (Temporary Provisions No. 2) Ordinance, 1956, without at the same time repealing the Municipal Ordinance. The former will have to be repealed in December before the elections but the Municipal Ordinance, on the other hand, will not be repealed at the same time as some of its provisions have not been reproduced in the Local Government Ordinance. The provisions which have not been reproduced will be dealt with by by-laws issued by the City Council as provided for under Schedule VI of the Local Government Ordinance, but until such by-laws are in force it is considered necessary to keep the Municipal Ordinance and the Singapore City (Consequential Provisions) Ordinance, 1951, in force.

Thirdly, Sir, doubts have been expressed as to whether the Minister can authorise the Rural Board to carry out its functions after the repeal of the Municipal Ordinance in view of the provisions of section 16 of the Local Government Ordinance which provide that the local government of each district shall be the responsibility of a district council. This doubt is removed in the amendment to section 321 of the Local Government Ordinance, set out in clause 8 of the Bill. Also, local authority officers exercise powers under Ordinances other than the Municipal Ordinance, as for example the Sale of Food and Drugs Ordinance, and to remove all doubts it is proposed that power be given to the Minister to authorise the Rural Board and the City Council to continue to exercise these powers.

The opportunity has also been taken to make amendments to section 151 and section 169 of the Local Government Ordinance. The amendment to section 151 at clause 5 of the Bill is to enable the local authority to take action against persons who fix number plates to unauthorised huts thus misleading potential purchasers as well as officers of the local authority. The amendment to section 169 at clause 6 of the Bill gives additional powers to the Court to remove any erections made in altering a building without the licence of the local authority, and also to impose a daily fine of $50 for the use of the upper floor of a dwelling house for other purposes without the licence of the local authority. Under the existing section 169 there is no provision for the removal of any unauthorised erection or for imposing a fine on continuance of the offence. The definition of "Former City Council" at clause 2 and in the amendment at clause 8 of the Bill is to make plain references to such City Council in the Local Government Ordinance, 1957.

Sir, I beg to move, "That the Bill be now read a Second time."

The Assistant Minister for Education (Inche Mohamed Sidik Bin Haji Abdul Hamid): I second it.

Question proposed.

Mr Lee Kuan Yew: Mr Speaker, Sir, there may have been some excuse for the two other Bills this morning going through on a Certificate of Urgency, but if there is to be a sitting of this House before the 21st of December, which is the day of the elections to the new City Council, I see no reason why this Bill should be rushed through all its three stages today. I understand the arguments of the Minister for Local Government, Lands and Housing and his desire to tie up all the loose ends to make sure that there is no ambiguity of any kind in the Local Government Ordinance where it overlaps the old Municipal Ordinance. But I strongly deplore this habit of putting Bills before this House under Certificates of Urgency when there is no urgency about them, as we will meet at least once more before the 21st of December, and I therefore object to the manner in which this Bill is being rushed through.

Question put, "That the Bill be now read a Second time."

Mr Lee Kuan Yew: Division, Sir.

The House divided and the Clerk proceeded to call out the names of hon. Members-

Inche Abdul Hamid Bin Haji Jumat: Aye.

Inche Ahmad Bin Ibrahim: No.

Mr John Ede: No.

Mr Goh Chew Chua: No.

Mr Goh Tong Liang: No.

Mr T. M. Hart: Aye.

Mr R. C. Hoffman: Aye.

Mr J. M. Jumabhoy: Aye.

Mr R. Jumabhoy: No.

Mr A. R. Lazarous: No.

Mr Lee Kuan Yew: No.

Mr Lim Choon Mong: No.

Mr Lim Koon Teck: No.

Mr Speaker: Order. I think the hon. Member has forgotten that he is paired.

Mr Lim Koon Teck: Sir, my recollection is that the arrangement applies to the Budget only but if you hold otherwise, I withdraw my vote.

Mr Speaker: I think I had better explain the matter. Perhaps hon. Members are not aware that we have a Member who is attending the Conference of the Commonwealth Parliamentary Associaticil in New Delhi as our representative, and the arrangement was that he would only go if a Member of the Opposition would pair with him. The Member concerned is Mr Wong Foo Nam. The arrangement was that the Member for Paya Lebar would pair with the Member attending this conference.

Mr Lim Koon Teck: In that case, Sir, I abstain.

Mr Speaker: We will note the hon. Member as having paired with the Member for Pasir Panjang (Mr Wong Foo Nam).

The voting thereafter was - Ayes. Noes. Lim Yew Hock. Soh Ghee Soon Mak Pak Shee. Tan, William Mohd. Sidik bin Haji Abdul Hamid. Nair, M. P. D. Ong Piah Teng. Shanks, E. P. Sutherland, G. A. P. Tan Theng Chiang. Thomas, Francis. Absent. Braga, A. J. Chew Swee Kee. Lee Choon Eng. Lim Cher Kheng. Lim Ching Siong. Lim, R. C. H. Seah Peng Chuan. Paired. Lim Koon Teck. Wong Foo Nam.

Mr Speaker: The result of the division is: Ayes, 13; Noes, 10; Paired, 2; Abstentions, Nil.

Question accordingly agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole Assembly.

Assembly immediately resolved itself into a Committee on the Bill. [Inche Abdul Hamid.]

Bill considered in Committee.

[Mr SPEAKER in the Chair]

11.09 a.m.

Clauses 1 to 5 inclusive ordered to stand part of the Bill.

Clause 6 -

The Chairman: Mr Minister, in page 3, line 10, there is the word "of" - "daily fine of fifty dollars". I was wondering whether that is deliberate and whether the word should not be altered to read "not exceeding", to be in line with other sections of the Ordinance; for instance, section 168 (3) provides, for a continuing offence, "a fine not exceeding ten dollars for each day during which the offence is continued after conviction." It is the same in sections 165 (2) and 166 (2).

Inche Abdul Hamid: You are correct, Mr Chairman. The word "of" should read "not exceeding". Sir, I move,

In page 3, line 10, to leave out "of" and insert "not exceeding".

Amendment agreed to.

Clause 6, as amended, ordered to stand part of the Bill.

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

Bill reported with an Amendment; read the Third Time and passed.