CIVIL LAW (AMENDMENT) BILL

Order for Second Reading read.

10.06 a.m.

The Attorney-General (Mr E. P. Shanks): Mr Speaker, Sir, I rise to move, "That the Bill be now read a Second time."

This Bill relates to the assessment of damages awardable where death is caused by some wrongful act or negligence.

Section 12 of the Civil Law Ordinance provides for damages to be proportional to the loss resulting from the death so that at present if the person killed has been sufficiently provident to provide for his widow and children by insuring his life, the amount payable under that insurance is deductible from the amount the Court assesses as being the worth of the deceased. Such damage is not a punitive penalty of negligence but the result is the curious position that it is cheaper to kill the provident than the improvident; or, putting it in another way, the wise precaution of the provident man in insuring himself for the benefit of his widow or children may be of no real benefit to them; they may not benefit from the premiums he has already paid. That this was inequitable was recognized in the Federation some three years ago, and in England as long as fifty years ago. It is, both I and the Bar Committee think, time that Singapore gave recognition to the providence of insurance in this respect.

The other amendment proposed by clause 2 (b) of this Bill provides for dependants to be able to recover funeral expenses which they themselves incurred where they are parties to the action for their recovery. At present, such expenses are only recoverable where the action is brought on behalf of the estate. This is a further amendment that has already been made law elsewhere and is, I think, a desirable change to make in our law.

Sir, I beg to move.

Question proposed.

10.10 a.m.

Mr R. Jumabhoy (Telok Ayer): Sir, we welcome this Bill but I am amazed to hear from the Hon. the Attorney-General that this legislation has been in existence for three years in the Federation and for fifty years in the United Kingdom. May I ask why this Government has been sleeping over this during the last 3½ years?

Mr Shanks: It is not the Government that has been sleeping, Sir, but I am quite sure that the hon. Member would not wish any government to rush wildly into alterations merely because they have been made elsewhere. These things do need careful consideration.

Question put, and 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.-[Mr Shanks].

Bill considered in Committee.

10.11 a.m.

Clause 1 ordered to stand part of the Bill.

Clause 2-

Question proposed, "That clause 2 stand part of the Bill."

Mr R. Jumabhoy: Sir, I have only one comment to make on the reply given by the Hon. the Attorney-General. Does any Government -

The Chairman: Order. We are now on clause 2 and if the hon. Member has any comment to make on clause 2, he can make it.

Mr R. Jumabhoy: Yes, I would like to make this comment. Clause 2 (b) reads:

"damages may be awarded in respect of funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.".

What I want to say is this. These benefits have been delayed by the Government for 3½ years.

Question put, and agreed to.

Clause 2 ordered to stand part of the Bill.

Bill reported without amendment; read the Third time and passed.