STATE ADVOCATE-GENERAL (TRANSFER OF POWERS) BILL

Order for Second Reading read.

8.25 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Singapore (Constitution) Order in Council, 1958, provides in section 121 (2) (d) that any reference to the Attorney-General in any written law shall be construed as a reference to the State Advocate-General if the subject in relation to which the reference is made concerns the powers conferred on the State Advocate-General by the Order in Council, and in any other case as a reference to the Minister for the time being charged with the responsibility for that subject.

The powers that are conferred on the State Advocate-General by the Order in Council are those relating to the initiation, conduct and discontinuance of criminal proceedings. In these matters the powers of the former Attorney-General have been formally transferred to the State Advocate-General by the Singapore (Constitution) Modification of Laws (No. 2) Order, 1959, which were made by the Yang di-Pertuan Negara in exercise of the powers conferred by subsection (4) of section 121 of the Singapore (Constitution) Order in Council. Of the remaining powers and functions of the former Attorney-General, some relate to his ministerial responsibility for certain Government departments, and these powers and functions have been taken over by me as Minister for Labour and Law. There are, however, certain powers and functions relating to the conduct of civil proceedings and to professional matters relating to advocates and solicitors, which can be more appropriately performed by the State Advocate-General. To take a few examples - proceedings under the Crown Suits Ordinance were formerly brought in in the name of the Attorney-General, and similarly suits against the Government were instituted in the name of the Attorney-General as defendant. It is considered that such proceedings should be conducted in the name of the State Advocate-General as plaintiff or defendant.

The Attorney-General was formerly a Member of the Rules Committee constituted under the Courts Ordinance, and it is considered that it would be more appropriate for the State Advocate-General, rather than the Minister, to take his place.

Lastly, petitions under the Advocates and Solicitors Ordinance and the Divorce Ordinance were required to be served on the Attorney-General, who could appear on the hearing of the petition. Here, too, it is proposed that the State Advocate-General should take over the powers and functions of the former Attorney-General.

Sir, I beg to move.

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 Byrne].

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