SINGAPORE CITIZENSHIP (AMENDMENT) BILL

Order for Second Reading read.

4.50 p.m.

The Minister for Home Affairs (Mr Ong Pang Boon): Mr Deputy Speaker, I beg to move, "That the Bill be now read a Second time."

Because of accidents of history and by virtue of its geographical position there exists in Singapore a large number of immigrant population. Since they have been denied a stake in the State, and as a result of the neglect and the short-sighted policy of the colonial rulers in the past, this large number of immigrant population has always orientated their political thinking and outlook towards the countries of their birth. They live in a world all by themselves and their ways of living and attitude of mind have in no way been identified with the country and its people.

The introduction of the citizenship law in 1957 has undoubtedly given many of the immigrant population a stake in the country, and to date more than 400,000 people have obtained Singapore citizenship. Nevertheless, it would be foolish for us if we think that all these 400,000 new citizens have identified themselves completely with the political aspirations of the people of this country. A large number of new citizens have taken advantage of the very liberal citizenship law to obtain citizenship for the sake of convenience in order to enjoy rights and privileges of citizenship, such as employment, public assistance and other social services, with little obligation on their part.

However, this position cannot be maintained for an indefinite period of time, particularly at this critical stage of nation building. The continued increase in the number of unassimilated new citizens, whose loyalty lies elsewhere or who have not shown by words or actions to be likely to identify themselves with the destiny of the country, cannot be tolerated. The possession of dual citizenship, the ease with which a citizen of the U.K. and Colonies and those born in the Federation can obtain citizenship must cease, particularly at this time when the Government is also facing the terrible problem of finding employment for its large number of unemployed citizens.

The purpose of this Bill, therefore, is to confine citizenship rights to those who have demonstrated their undivided loyalty to the State and intention to reside here permanently, and to debar those who seek to obtain citizenship for reasons of convenience or expediency thereby hoping to enjoy the best of two worlds.

Clauses 2 and 3 of the Bill, which by virtue of this Bill will be deemed to have come into operation with effect from 6th April, 1960, the date this Bill was introduced in this Assembly, have been drafted to provide for a more effective test of loyalty, for the opportunity to make a genuine declaration of real regard for this country, and for the chance to identify oneself in common unity with the people of Singapore.

Clause 2 now provides that the period of residence required in Singapore before a citizen of the U.K. and Colonies, or of the Republic of Ireland, or a Commonwealth citizen, or a person born in the Federation, can become a citizen of Singapore by registration is not less than 8 years out of the 12 years preceding the date of the application. Previously, the period was two years for a citizen of the U.K. and Colonies, a citizen of India and a person born in the Federation and 8 years for other Commonwealth citizens and citizens of the Republic of Ireland. A common eight-year period is now made applicable to all these categories of persons. An eight-year period would enable a person to demonstrate more tangibly and genuinely an intention of permanent residence and regard for Singapore. The former two-year period is often in actual fact less than two years, since absences for less than six months are counted as residence. This increased period for application by registration will bring our legislation into line with the citizenship laws in the Federation. As the Explanatory Statement states, the Minister shall have a discretion to accept applications by registration other than those from persons born in the Federation. Except also in the case of persons born in the Federation of Malaya, applicants for Singapore citizenship by way of registration will also be required, like those applying for citizenship by way of naturalisation, to make a declaration of intention to reside permanently in Singapore. When this Bill comes into operation, the Citizenship Rules will be amended to provide for two recommenders, who must be Singapore citizens, in support of such applications. This provision already exists in the case of application by way of naturalisation and could help the Minister to ascertain whether the applicant intends to reside here permanently or not.

In clause 3, the period of residence required in Singapore before a person can become a citizen of Singapore by way of naturalisation is increased from 8 years to 10 years out of the preceding 12 years of the application. This is also in line with the citizenship laws of the Federation. This ten-year period is a more effective test of loyalty and regard for this country especially for those who originally came from foreign countries as defined in the Ordinance. They have much to benefit here by becoming citizens, and a further increase of two years in the period of residence is not unreasonable. Furthermore, in order to inculcate a sense of Malayan consciousness and a sense of belonging in future would-be applicants, it is now provided that with effect from 1st January 1961, an applicant for naturalisation shall satisfy the Minister that he has an elementary knowledge of the Malay language, unless he is over 45 years of age. It is not the intention that the standard of the test will be such that the majority of the applicants will find it difficult to pass it. Those who have been residing here for a number of years and can speak some Malay should experience little difficulty in passing the test.

In clause 4 as it stands in the Bill, the intention is to enable the Minister to terminate by way of declaration the citizenship of a person who has after 6th April, 1960, acquired the citizenship or nationality of a country outside Malaya, or who has voluntarily claimed and exercised the rights of a citizen or national of a foreign country. But at the Committee stage of the Bill, I propose to introduce an amendment to clause 4 to provide that in so far as claiming and exercising rights are concerned, a person who voluntarily claimed and exercised any rights of a foreign country accorded exclusively to citizens or nationals of that foreign country shall, by virtue of such action, cease to be a citizen of Singapore. In clause 4 as it stands, provision is also being made to the effect that citizens of the U.K. and Colonies or of the Republic of Ireland and Commonwealth citizens, who are also citizens of Singapore and who exercise rights of any country outside Singapore and the Federation of Malaya for the time being included in section 3 (1) of the British Nationality Act, 1948, not being rights available to all Commonwealth citizens, might be deprived of their Singapore citizenship. In this respect, Singapore is following the Federation's practice in the matter, and, like the Federation, is not insisting on such citizens renouncing their existing citizenship, as in the case of those applying for citizenship by way of naturalisation, on becoming Singapore citizens.

In Clause 5, the opportunity has also been taken to provide for the Minister to deprive a person of his citizenship if his activities are prejudicial to the security of Malaya or to the interests of the public safety, peace or good order. At present, section 22 (c) does not bring within its scope the criminal activities of secret society thugs and hoodlums and the nefarious activities of other criminals like big-time smuggling operators, for instance, who have been able, through intimidation, fear, bribery or conspiracy, to escape being convicted in Court to prison sentences of not less than two years. I am confident all decent citizens of Singapore will agree with me when I say that these scum's of society should not enjoy the status of Singapore citizens.

Clause 6 amends the Schedule to the Ordinance by modifying the form of Oath of Allegiance and Loyalty to be taken by those applying for citizenship by way of registration. This modified form of Oath is a declaration of their undivided and unequivocal loyalty to Singapore and is also complementary to the provision in clause 4 which renders citizens of the U.K. and Colonies, of the Republic of Ireland, and Commonwealth citizens liable to be deprived of their Singapore citizenship if they exercise rights not available to all Commonwealth citizens outside Malaya. The other amendment in clause 6 is a consequential amendment in keeping with the new Constitution of Singapore to the Oath of Renunciation, Allegiance and Loyalty taken by those applying for citizenship by way of naturalisation in that the words "Her Majesty's Representative in Singapore" are substituted by the words "His Excellency the Yang di-Pertuan Negara".

These then are the implications of the Bill before the House. It will be our citizens who will be the final arbiter of the shape of things to come in Singapore. They will dictate what and which kind of government they want and what policies should be pursued. It is only reasonable, therefore, to expect that in guiding and shaping the future destiny of Singapore the compelling urge and motive force which should influence its citizens in their work, actions and desires is the bond of common unity generated and sustained by an undivided loyalty and deep affection for Singapore.

Sir, I beg to move.

Question proposed.

5.06 p.m.

Mr Ong Chang Sam (Choa Chu Kang): (In Mandarin): Mr Deputy Speaker, Sir, just now the Minister for Home Affairs has submitted the Singapore Citizenship (Amendment) Bill to the House to amend the Singapore Citizenship Ordinance, 1957. There are only six amendments to be discussed by this House. After detailed examination, we will find that these amendments are very necessary. They can close the loopholes of the previous Ordinance, so that they will be more effective.

Mr Deputy Speaker, Sir, under the Rendel Constitution, the Singapore constitutional delegation went to England to negotiate with the British Government and, as a result, an agreement was reached between Britain and Singapore whereby self-government was granted to Singapore. When the new Constitution came into force, the old Rendel Constitution was repealed. On the 21st of October, 1957, a citizenship law was passed in the Legislative Assembly. Those who have the necessary residential qualifications are entitled to become citizens of this country. I am glad to say that those who have qualified as citizens of Singapore have carried out their duties as citizens of Singapore, and they have enjoyed the rights that they are entitled to. A great majority of the citizens of Singapore have not changed their loyalty to this country. They obey the laws of this country. They have the interest of the country at heart. They should deserve our commendation and our admiration. There are only a few citizens who do not obey the laws of this country. They engage in all sorts of criminal activities. This, we must stop.

Mr Deputy Speaker, Sir, in a hurry to register the people of Singapore, we passed a Singapore citizenship law in this House. There are many detailed provisions in the law which are not appropriate and proper. They are not applicable now. Therefore, they should be amended so that they can be in keeping with the present situation.

Mr Deputy Speaker, Sir, to give fair treatment and to protect the interests of the citizens of Singapore has been the consistent policy of this Government. I am sure the Members of this House will not forget or overlook the fact that both our Minister for Labour and Law and the Minister for Finance have been working day and night to find employment for these citizens. According to the Labour Exchange, there are about 50,000 Singapore citizens who are jobless. This number does not include those who are not registered. There are about 60,000 children who are of school-going age and who, on completing their education or when they leave school halfway, will have to find work. This is a problem, because Singapore is not yet industralized, and to find employment for them is not simple. However, we must take immediate steps to alleviate this situation. Therefore, we should see to it that all the existing vacancies should be filled by Singapore citizens only. That is to say, all vacant posts should be reserved for the citizens of this country only, except those posts which require higher qualifications. This policy and this decision are necessary and correct. For example, if the proprietor of a shop has children who are jobless, we cannot expect him to engage employees from outside. I am sure the Members of this House will have the same feeling.

Mr Deputy Speaker, there are many people who are jobless, but judging from the income of the people here, Singapore is still one of the countries which enjoy a high standard of living. That is why many people want to come to this country to earn a living. On the other hand, Singapore is one of the greatest trading ports in the world. That is why many people of various racial origins reside here. As time goes on, they will become endeared to this country, because of the fact that it is easy to find a living here. They have abandoned their nationality and now look to this country as their homeland.

Mr Deputy Speaker, Sir, the Government does not object to those with good character applying for citizenship. That is why the Citizenship Registration Office is still accepting applications. The amendment Bill that is being discussed here today has some very important changes. Citizens of the U.K. and Colonies and Commonwealth countries must have lived here for at least 8 of the 12 preceding years before they qualify to become citizens of Singapore. This is correct and necessary, because one's loyalty can only be tested after one has stayed here for quite a long time. One can then decide which country to be loyal to.

Mr Deputy Speaker, Sir, it is ridiculous for a citizen of a country not to know its national language, unless he is uneducated or for other special reasons. Therefore, the basic qualification for citizenship of a country is to know its national language. In Singapore, it is necessary for a person to know the national language before he can apply for citizenship. But those who are 45 years old and over will be exempted from this test.

Mr Deputy Speaker, these six amendments will not hamper those who want to become citizens of this country if they are not engaged in any criminal activity. The Government will be glad to accept such people as citizens.

Mr Deputy Speaker, Sir, I support this Bill.

5.18 p.m.

Inche Mohd. Ali Bin Alwi: (In Malay): Mr Deputy Speaker, Sir, credit should be given to many of the clauses in the Singapore Citizenship (Amendment) Bill, especially to those which stipulate the qualifications for those who intend to be citizens of Singapore, and the extension of the residential period from 8 to 12 years for foreigners. I give praise, Mr Deputy Speaker, where it is due, but it is also my duty to make healthy criticism where I consider it to be necessary.

Mr Deputy Speaker, it can truly be said today that all the Hon. Ministers were born in the Federation of Malaya with the exception of two or three. Similarly, it can be said that many of the Government Members of the Assembly come from the Federation of Malaya. We are now separated from the Federation of Malaya because of colonial conditions.

U.M.N.O. does not support the clause, which imposes a restriction on those born in the Federation from becoming citizens of Singapore. We should not hit back at the Federation just because they have imposed similar restrictions on us. I still remember, Mr Deputy Speaker, that the Minister for Health - he is not in the House today - issued a challenge to the effect that if U.M.N.O. were to bring about a merger between Singapore and the Federation of Malaya, the People's Action Party would accept all conditions and policies in line with those of the Federation of Malaya. I regret to say that it seems that many of the Ministers of the Government of Singapore do not like their native land. We cannot deny that we want to see more employment. Can it be possible that the problem of employment will be overcome if we are to impose restrictions on persons born in the Federation from becoming citizens of Singapore? In my opinion, we should not do anything to offend the Federation of Malaya, as they might help us to achieve independence. We should be patient in this matter for the good of the future. The imposition of restrictions on Federation citizens from becoming citizens of Singapore will make things more difficult for us in Singapore.

But what is more strange, Mr Deputy Speaker, is that the qualifications set out in the clause concerning persons born in the Federation of Malaya are different from those concerning persons who are citizens of the United Kingdom and Colonies, or of the Republic of Ireland. One additional qualification concerning the latter is that they should satisfy the Minister that they intend to reside permanently in Singapore. I do not understand why there is this discrimination. It is not specifically mentioned that a person born in the Federation of Malaya should state whether he "intends to reside permanently in Singapore" if he wishes to acquire Singapore citizenship. I hope the Government will clarify this matter, which I, as a Member of the Opposition, have raised.

Mr Deputy Speaker, if circumstances force the citizens of Singapore to seek their everyday livelihood in this manner, the Federation Government may impose a border check or institute a visa system at the Causeway for people wishing to enter the Federation of Malaya. What will be our position then? It will then be necessary for Singapore to issue her own passports. As I have mentioned earlier, we have been separated from the Federation of Malaya because of colonialism, with the result that we have to face all this hardship today, but I know that one day we will merge with the Federation of Malaya. Therefore, let us not keep ourselves further aloof from the Federation of Malaya. There are many secret things in connection with the maintenance of peace in Singapore, which do not come to our knowledge, but we should realise that we are still not yet independent. We should not hit back at the Federation of Malaya because she might in turn retaliate.

Mr Deputy Speaker, I hope the Government will consider this matter with the thoroughness that it deserves if we are ever to hope for a merger with the Federation of Malaya on the basis of the challenge issued by the Minister for Health.

5.27 p.m.

The Prime Minister: Sir, no one regrets more than the Ministers who have had to introduce this Bill, the necessity of having to make this amendment in the law against those who have been born in the Federation and are seeking Singapore citizenship. It is our intention, which has been declared consistently, that if it were left to choice, we would wish that there was no distinction between citizenship of the State of Singapore and citizenship of the Federation of Malaya. Our difficulty arises from certain very painful economic facts. Citizenship carries with it certain privileges and imposes upon the State serious financial obligations. The first is employment. The citizen comes first. The second is housing. State-subsidised houses, or houses subsidised by the Housing and Development Corporation, must go first to citizens. Then social welfare relief's, and so on. For the time being, whilst we are distinct and separate entities, if the Federation laws were reciprocal in that they allow persons from Singapore to be citizens of the Federation as quickly and easily as we allow Federation citizens to be citizens of Singapore, then the number of people who are flowing from Singapore to the Federation would reasonably cancel out the numbers who conic from the Federation to Singapore. But because there is not this reciprocity - not from any want of political determination, conviction or resolution to bring the two territories together, but purely from the difficulties arising out of economic facts - we have had to introduce this amendment in order that we can avoid some of the difficulties which might otherwise come primarily from large numbers of children who do their schooling here, and who automatically qualify in a very short time. So, not only do they come here and learn in our schools, but at the end when they graduate, we have got to get them jobs. Then, once you say, "Jobs first to Singapore citizens", you cannot discriminate between the Singapore-born and the naturalised or the registered. Otherwise you are creating two classes of citizens. The very essence of citizenship is that it is one and all-embracing. He who says, "I am a Singapore citizen", has got the same rights; whether he is born here, registered or naturalised. All that we want to avoid is a situation where large numbers of our own students - Senior Middle III Certificate, School Certificate, or Form VII now - are unable to get jobs because fairly considerable numbers of students from the Federation have come here, passed examinations and at the same time qualified for citizenship. The reason - there is no special secret why we wish to hide this from Members of this Assembly or from the people of Malaya - is quite simply just to try to lessen the burden, which would otherwise fall upon us. We regret it, but it cannot be helped.

Sir, the reason for the slight apparent discrepancy between Federation-born persons and the U.K. and Colonies citizens as to why we do not require a person to state that he intends to reside here permanently is that if he was born in the Federation, then we do not have to ask him that question. It does not make any difference. But if a man comes from Trinidad, Mauritius or South Africa, then unless we ask him this question, it might wall be that all he really wants is to qualify for a job.

5.32 p.m.

Dato Abdul Hamid Bin Haji Jumat: (In Malay): Mr Deputy Speaker, when I read this Bill, I thought of making an amendment with regard to the position of the citizens of Singapore. My opinion is that in Singapore there are two types of citizens. But after being advised by my colleagues, it appears to me that this matter could be overcome by the Minister carrying out his powers under the citizenship law. The category I referred to just now concerns thousands of Singapore citizens who today are deemed to be citizens of Singapore. They have the franchise to become candidates and stand for election. This was because when the electoral registers were compiled in 1958 they were compiled according to the identity cards. If the identity card of a person states that he was born in Singapore, he automatically becomes registered as a voter and is entitled to become a candidate.

This is a true fact, which I myself know. Many persons, more than a hundred or so, have gone to the Immigration Department to apply for passports and they were asked, "Are you citizens of Singapore?" They then produced their identity cards, which state that they were born in Singapore. That was not enough from the point of view of the Controller of Immigration. The applicants were then asked to produce their birth certificates. Mr Deputy Speaker, the matter of birth certificates to our young generation does not present difficulty. But in the case of my own mother, she is without a birth certificate, having been born 50 years ago. It might be that her birth certificate could not be traced in the Register of Births and Deaths. So, when asked by the Department of Immigration for their birth certificates, the majority of the applicants for passports could not produce them. So they were unable to obtain passports to go abroad. Mr Deputy Speaker, this means that a person, from the point of view of the Citizenship Ordinance, is deemed to be a citizen, and from the point of view of the election by-laws, he is considered a citizen, and he can vote and can become a candidate. From the point of view of the immigration laws - he is not recognised as a Singapore citizen. That is one point, which I hope the Minister responsible will explain. I think this is a big question, and if the Immigration Department cannot approve passports for these citizens of Singapore from the point of view of the immigration laws, then it is possible that the Department of Social Welfare would not render assistance to them, although they are considered citizens of Singapore but they do not possess birth certificates.

5.38 p.m.

Mr Ong Pang Boon: Mr Deputy Speaker, Sir, the purpose of introducing the eight-year residential qualification for persons born in the Federation is to bring Singapore in line with the legislation of the Federation of Malaya. It is desirable, in view of our aspiring for an eventual merger with the Federation, that laws of this nature should be similar as far as possible.

As pointed out by the Prime Minister, the amendments are also prompted by hard economic realities. Unlike the Federation, Singapore has no space for expansion nor natural resources to sustain the mounting population. The Government's prime concern is the livelihood of its people. Until reunification with the Federation materialises eventually, it is the Government's aim, however regrettably, to provide employment and other social services for Singapore citizens first. We cannot ignore the keen competition for employment from those coming from the Federation. Over the last 10 years there has been a steady flow of persons from the Federation into Singapore to seek employment and education facilities. There is no sign of any likely reversal in the population trend in the near future. Until we can cope with the demand for employment and education of our own citizens, those persons born in the Federation who intend to apply for citizenship for the purpose of enjoying these benefits must necessarily be restricted. The problem is dictated by sheer economic facts. There is no choice in the matter.

Question put, and agreed to.

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

Assembly immediately resolved itself into a Committee on the Bill.-[Mr Ong Pang Boon].

Bill considered in Committee.

[Mr DEPUTY SPEAKER in the Chair]

5.43 p.m.

Clauses 1 to 3 inclusive ordered to stand part of the Bill.

Clause 4-

Mr Ong Pang Boon: Mr Kandasamy, may I have your consent and the general assent of Members present to dispense with notice to enable me to move amendments to clause 4?

The Chairman (Mr G. Kandasamy): I give my consent. Is it the pleasure of hon. Members that the amendments be moved?

Hon. Members: Aye.

Mr Ong Pang Boon: Mr Kandasamy, I beg to move,

In page 3, line 17, to leave out "a" and insert "any".

This is purely a drafting amendment.

5.45 p.m.

The Chairman: Has the Hon. Minister copies of the amendments for distribution to Members?

Mr Ong Pang Boon: Yes.

Copies of amendments distributed to hon. Members.

Amendment agreed to.

Mr Ong Pang Boon: Mr Kandasamy, I beg to move,

In page 3, line 18, after "Singapore" to insert "by birth, descent, registration or naturalization".

The amendment is to make it clear that the provisions of this clause apply to all categories of citizens.

Amendment agreed to.

Mr Ong Pang Boon: Mr Kandasamy, for the same reason, I beg to move,

In page 3, lines 25 and 26, to leave out "If the Minister is satisfied that a citizen of Singapore" and insert "Any citizen specified in subsection (1) of this section who".

Amendment agreed to.

Mr Ong Pang Boon: Mr Kandasamy, I beg to move,

In page 3, lines 31 to 33, to leave out "the Minister may declare such person to have ceased to be a citizen of Singapore" and insert "shall cease to be a citizen of Singapore. If any question arises as to whether any such person has ceased to be a citizen of Singapore under this subsection the same shall be determined by the Minister whose declaration thereon shall be final and shall not be called in question in any court".

The amendment is self-explanatory. It is to provide, as stated before in my previous speech, that in the case of a citizen who has voluntarily claimed and exercised any rights available to him under the law of any foreign country, being rights accorded exclusively to the nationals of that foreign country, such action on his part will mean that he shall cease to be a citizen of Singapore. It is considered desirable that there should be these provisions for loss of citizenship in respect of such acts in foreign countries.

Amendment agreed to.

Mr Ong Pang Boon: Mr Kandasamy, I beg to move,

In page 3, to leave out lines 34 to 44, and insert-

'(3) If the Minister is satisfied that any citizen specified in subsection (1) of this section has at any time after the 6th day of April, 1960, voluntarily claimed and exercised any rights available to him under the law of the United Kingdom or of the Republic of Ireland or of any other country, other than the State of Singapore or the Federation of Malaya, for the time being included in subsection (3) of section 1 of the British Nationality Act, 1948, being rights not available to other Commonwealth citizens, the Minister may declare such person to have ceased to be a citizen of Singapore."; and'.

Mr Kandasamy, since clause 4, subsections (1) and (2) have been amended just now, it is also necessary to make a further amendment to this clause in order to preserve the original intention that the Minister may terminate the Singapore citizenship of the citizens of the U.K. and Colonies or of the Republic of Ireland and Commonwealth citizenship by way of declaration if they exercise the rights of any country outside Singapore and the Federation of Malaya for the time being included in subsection (1) of section 3 of the British Nationality Act, 1948, not being rights available to all Commonwealth citizens.

Amendment agreed to.

Clause 4, as amended, ordered to stand part of the Bill.

Clauses 5 and 6 ordered to stand part of the Bill.

Bill reported with amendments; read a Third time and passed.

5.58 p.m.