SINGAPORE CITIZENSHIP (AMENDMENT) BILL

Order for Second Reading read.

11.04 a.m.

The Chief Secretary (Mr E. B. David): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The primary object of this Bill, Sir, is to make the necessary amendments to the Singapore Citizenship Ordinance, 1957, consequent on the enactment of the State of Singapore Act, 1958, which amends the British Nationality Act, 1948, so as to confer the status of a British subject and Commonwealth citizen on a citizen of Singapore. As hon. Members are aware, this status was agreed to at the Singapore Constitutional Conference held in London in 1957, and is embodied in paragraph 51 of the Report of that Conference.

At present Singapore citizenship has only a local status and significance, and it will not possess any international status and significance until the British Nationality Act, 1948, is amended to confer the status of a British subject and Commonwealth citizen on a Singapore citizen. This amendment, which is embodied in the State of Singapore Act, only comes into force when the State of Singapore Act comes into operation. This, in effect, means that the international status of Singapore citizenship will be recognised when the new Constitution of Singapore comes into being. This amending Ordinance, therefore, will not itself be brought into operation until the appointed day for the introduction of the new Constitution or immediately thereafter.

Sir, the combined effect of clauses 2 (b) and 3 of the Bill is to provide that a citizen of Singapore shall, by virtue of that citizenship, have the status of a British subject and Commonwealth citizen, and also expressly to confer this status on a citizen of the United Kingdom and Colonies and a citizen of any country other than the State of Singapore for the time being included in subsection (3) of section 1 of the British Nationality Act, 1948. It is considered more satisfactory that this common status of citizens of other Commonwealth countries should be explicitly conferred in Singapore law by the Singapore Citizenship Ordinance itself than by simply relying on the provisions of the British Nationality Act, 1948, to make this common status operative in Singapore.

In clause 5 of the Bill, the proposed amendment of section 8 (2) of the Ordinance is a necessary corollary to clauses 2 and 3 of the Bill. As hon. Members are aware, under section 8 (2), on a basis of reciprocity, the Singapore Government may allow a citizen of any Commonwealth country or the Republic of Ireland to be registered as a citizen of Singapore on the same conditions as citizens of the United Kingdom and Colonies are registered. Since upon the coming into force of the new Constitution, Singapore citizens will also be Commonwealth citizens, section 8 (2) is being amended to make it clear that this subsection does not apply to Singapore citizens.

Sir, the opportunity has also been taken to make certain other amendments to the parent Ordinance. These are mainly of an administrative nature and are intended to rectify those provisions to the Ordinance which have been proved from experience to raise certain difficulties.

Clause 2 (c) introduces a definition of "reside" and is intended to avoid conflicting interpretations of the meaning of residence in Singapore for the purposes of this Ordinance and of the Immigration Ordinance.

At present the Ordinance provides for the registration of births of persons born outside Singapore to substantiate claims to citizenship by descent under section 5 of the Ordinance at the office of an official representative of Singapore in the country of birth or, where there is no such office, at the office of the Minister in Singapore.

Clause 4 proposes to delete this provision since Singapore has no representative at present anywhere other than the Trade Commissioner in London, and it is intended instead to make provision for registration of birth by post in the rules.

Clause 6 makes a small amendment to section 12 of the Ordinance to make it clear that the Minister refers an application to the Advisory Committee only when he decides to refuse the application in the exercise of his discretion. Applications which, on their face, fail to qualify under the law will not need to go to the Advisory Committee.

The purpose of clause 7 is to tidy up the provisions of section 18 of the Ordinance which deals with the treating of periods of absence as periods of residence in Singapore. The Minister already has complete discretion which is not restricted by the specific purposes at present mentioned in the Ordinance.

Clause 8 (a) is only a drafting amendment which makes for uniformity in expression in respect of sections 22 (3) and (4) of the Ordinance, and clause 8 (b) also amends section 22 (4) (b) for the same reason as that which I have given in respect of clause 4 of the Bill.

Clause 9 makes provision for a fine as an alternative or in addition to imprisonment in the penalty under section 24 (1) of the Citizenship Ordinance, which deals with the making of false statements for the purpose of procuring anything to be done or not to be done under the Ordinance. At present the punishment is one of imprisonment only.

So these are the amendments proposed in the Bill, and to summarise, they deal with matters which either are constitutionally required or seek to clarify the provisions of the Ordinance.

Sir, I beg to move.

Question proposed.

11.10 a.m.

Mr Lim Cher Kheng (Changi): Mr Speaker, Sir, as we know, this amendment is merely just a consequence of the enactment of the State of Singapore Act. But there is one point which I wish the Hon. the Chief Secretary will clarify, and that is regarding the travel documents. We cannot deny this as a fact. At present the holder of Singapore citizenship must have a certificate of identity in order to travel, and even if he wishes to travel to London, he must have a visa to London. And if he is a British subject before the citizenship is granted, he travels on a British passport. I therefore wish the Chief Secretary can clarify whether the Government is prepared to issue a Singapore passport for all and not a British passport or a Citizen of Singapore passport.

Mr David: Sir, I can deal very briefly with the point raised by the hon. Member for Changi. There has been no change up till now in the eligibility for passports as a result of the Singapore Citizenship Ordinance. As I explained in moving the Bill, it has at present only a local status and significance, and no international status and significance. All persons eligible for passports before this Ordinance came in, and who have acquired the status of citizens of the United Kingdom and colonies, are still eligible for British passports. When the State of Singapore Act comes into force on the appointed day, Singapore will have the competence to issue its own passports and will do so for all Singapore citizens.

One difficulty which has so far arisen, has arisen not in connection with the operation of this Ordinance, and that is the eligibility of Indian persons who have taken out Singapore citizenship and who have thereby lost their eligibility for Indian passports. That situation will be remedied when the new Constitution is introduced and the State of Singapore Act becomes operative.

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 David].

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