STATE ADVOCATE-GENERAL (Remuneration)

[Mr Speaker in the Chair]

4.50 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker, I beg to move,

That this Assembly, pursuant to subsection (7) of section 30 of the Singapore (Constitution) Order in Council, 1958, resolves that the remuneration of the State Advocate-General shall be $2,075 a month.

Mr Speaker, I should like to draw the attention of the House to section 30 (7) of the Singapore (Constitution) Order in Council which provides:

"The State Advocate-General shall be paid such remuneration and allowances as may from time to time be determined by the Assembly, and such remuneration and allowances shall be charged on and paid out of the Consolidated Fund."

As Members of the House know, the State Advocate-General has very wide powers conferred on him by the Singapore (Constitution) Order in Council in relation to the institution, conduct and control of criminal proceedings and, in the exercise of these powers, the State Advocate-General is not subject to the direction or control of any other person. In addition, he is the Government's chief legal adviser and is in charge of all proceedings brought against the Government or by the Government against the subject. The conduct of civil proceedings in which the Government is involved or interested is undertaken by him and the law officers under him and his Department are also responsible for the preparation and vetting of legislation, including subsidiary legislation.

In addition, he has been appointed Permanent Secretary for all departments dealing with legal matters and in this capacity he assists the Minister for Law in all matters relating to the legal departments, the Courts, the Department of the Official Assignee and Public Trustee, the Registry of Trade Marks, Business Names and Companies, the Registry of Marriages and the Registry of Muslim Marriages.

It is the view of the present Government that the State Advocate-General should be given a status and a remuneration above that of the Puisne Judges but below that of the Chief Justice. It is therefore proposed that his remuneration should be $2,075 a month, which is the same as the basic salary of the former Attorney-General. For the information of Members, I would like to state that the remuneration of a Puisne Judge is $1,950 a month while that of the Chief Justice is $2,375 a month.

Now, in this matter, Mr Speaker - although I have had very hard things to say in other places about the colonial regime and colonial precedents - in this post I think I am nevertheless happy to recommend to the House that it should adopt a good colonial precedent in this case and that precedent is that the person occupying the position of the State Advocate-General should be placed on the same footing as the colonial officers who occupied the august position of Attorney-General under other regimes, and I do recommend that the remuneration of our State Advocate-General should be on a par.

The Parliamentary Secretary to the Minister for Labour and Law (Mr Wee Toon Boon): I second the motion.

Question proposed.

Mr A. P. Rajah (Farrer Park): Mr Speaker, Sir, when the sum involved is $2,075, I do not wonder why the Minister for Law says that that is a good colonial precedent which should be followed. Be that as it may, I have no quarrel with the sum involved, but the Hon. the Minister for Law did say that this salary is fixed in relation to the very high office that this person holds by being the State Advocate-General. It is one of the most important positions in our State. He is in charge and in control of all criminal proceedings and it is part and parcel of his office that in the initiation, prosecution and conduct of these proceedings he is completely impartial and never looks behind his shoulder. I have no doubt in my own mind that the present occupant of this post will do his duty in a manner that this high office merits.

But there is one thing, Mr Speaker, Sir, I have to bring to the attention of the House, and if I do not do so, I think I will be failing in my duty. I regret that Government should have considered it necessary to appoint this person to this post only to the end of next year. They may have reasons for doing it.

Mr Speaker: Order. As far as I can see, the motion merely asks the Assembly to resolve that the remuneration of the State Advocate-General, whoever he may be, shall be $2,075 a month. So I would suggest that any comment or any debate on who has been appointed and for what period is perhaps a little far away from the motion.

Mr Rajah: Mr Speaker, Sir, I felt that as the post was a temporary one, perhaps the salary was a little higher than normal.

4.57 p.m.

Mr Ong Eng Guan: Mr Speaker, I myself feel that $2,075 a month for a highly qualified legal man is not much. I am sure there are many professional men who have not seen fit to dedicate themselves to public service and whose integrity, intelligence and professional capacity are very much lower than those of certain holders of high offices in the State. But we have considered it fit in the interest of the nation that they should man those posts and accept much lower scales of pay than they would get if they were to go out on their own. I am sure, Mr Speaker, that the Member for Farrer Park gets more in his own legal practice.

Mr Rajah: I am a good lawyer!

5.00 p.m.

Mr Byrne: I would like to correct the impression which was given by the hon. Member for Farrer Park that this appointment is to be temporary. I would refer him to section 30, subsection (4) of the Singapore (Constitution) Order in Council, where it is provided that:

"The State Advocate-General may be appointed for a specified period and, if he was so appointed, shall, subject to the provisions of subsection (6) of this section, vacate his office (without prejudice to his eligibility for re-appointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of fifty-five years."

In this case it was thought proper that the appointment should, in the first instance, be made for eighteen months, with a view to a confirmation of the appointment at the expiration of that period.

Sir, I would like to make it very clear to Members that it is not intended than this is to be a purely temporary appointment, but there is an implied promise that if the officer discharges his duties to the satisfaction of the Government, that appointment will be confirmed and he will then continue to hold his office, in the words of the Order in Council, until he attains the age of fifty-five years.

Question put, and agreed to.

Resolved,

That this Assembly, pursuant to subsection (7) of section 30 of the Singapore (Constitution) Order in Council, 1958, resolves that the remuneration of the State Advocate-General shall be $2,075 a month.

Mr Speaker: Is it the general desire that we should suspend for tea?

Hon. Members indicated assent.

Mr Speaker: I therefore suspend this Assembly until 5.35 p.m. I will take the Chair again at 5.35 p.m.

Sitting accordingly suspended at 5.03 p.m. until 5.35 p.m. Sitting resumed at 5.35 p.m.