CRIMINAL PROCEDURE CODE (AMENDMENT) BILL

Order for Second Reading read.

3.36 p.m.

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

Sir, the purpose of this short Bill is to amend the Criminal Procedure Code to give a commissioned officer of the local forces in Singapore the same power as is at present held by a Queen's commissioned officer in the armed forces, or seconded to the local officers in Singapore, to disperse an unlawful assembly on his own authority when the public security is manifestly endangered by such assembly.

At present, under the provisions of the Criminal Procedure Code, whenever it is necessary for the public security that an unlawful assembly should be dispersed and it cannot be otherwise dispersed, except by the use of military forces, the Minister for Home Affairs or a magistrate or the Commissioner of Police or the Deputy Commissioner of Police may require:

(a) any commissioned or non-commissioned officer in the British armed forces, subject to the prior consent of the United Kingdom Government to the use of such forces having first been obtained; or

(b) any commissioned or non-commissioned officer in any local force in Singapore to disperse such assembly by military force and such officer can then take action to disperse the assembly.

But when, the public safety is manifestly endangered by any such assembly and when none of the four authorities mentioned above can be communicated with, only a Queen's commissioned officer, which term does not include a locally commissioned officer, can proceed to disperse such assembly by military force on his own authority.

It will, therefore, be seen that there is an anomaly in the present provisions of the Ordinance in that in one set of circumstances only a Queen's commissioned officer can disperse an unlawful assembly, but in another set of circumstances, any officer can do so.

Sir, the reason for this anomaly appears to be that when the Criminal Procedure Code, Chapter 132, was enacted in 1955, there were no regular officers of the local forces; nor until 1957 were the volunteer officers liable to be called out to perform internal security duties. In view of the fact that our local forces are now very largely officered by local personnel, it is necessary to remove this anomaly and this is what this Bill seeks to do.

Sir, I beg to move.

Question proposed.

3.40 p.m.

Mr David Marshall: If it please you, Mr Speaker, Sir, the amendment sought is a legitimate and proper one in the circumstance of our having our own military forces, and so far as I am concerned in the Opposition, I support it without question. But I rise to inquire whether there is, in fact, any definition of "local forces" in order to avoid misunderstanding on the subject when we speak of officers of a local force?

Mr Ong Pang Boon: Mr Speaker, Sir, the term "local officer" refers to any officer in the Singapore Military Forces.

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 Ong Pang Boon].

Bill considered in Committee.

3.43 p.m.

[Mr Speaker in the Chair]

The Chairman: The figure "1961" will be amended to read "1962" as a matter of course.

Clause 1 ordered to stand part of the Bill.

Clause 2 -

Mr David Marshall: Mr Speaker, Sir, I have here the Singapore Military Forces Ordinance and I can find no definition of the term "Local Force". I am quite sure there is no intention to mislead, but I would draw the attention of the Minister to the fact that the term "Local Force" could be interpreted as including, say, the Police Force, which he certainly does not seek. I would inquire whether, in the circumstances, he would agree to amending it to "an officer of the Singapore Military Forces".

The Chairman: The proper way to do it is for the hon. Member to move the amendment and the question can be posed, and if the Member is satisfied, he can withdraw.

Mr David Marshall: If it please you, Sir.

The Chairman: Of course, the hon. Member will have to have the assent of Members present because he has not given any notice of the amendment.

Mr David Marshall: If it please you, Mr Speaker, Sir, then I formally seek leave of this House to move an amendment to read "or of the Singapore Military Force".

The Chairman: Is it the pleasure of hon. Members that the amendment be moved? No dissentient voice? The amendment may be moved. Yes, Mr Marshall.

Mr David Marshall: I move, Sir,

In page 1, line 9, to leave out "Local", and insert "Singapore Military".

Mr Speaker, Sir, it must be obvious now that what I seek is merely to limit it to what I am sure the Minister intends, because from his opening speech on the Second Reading, it was obvious that he did not intend to seek authority for each and every member of the Police Force or any other force that this territory may have to have these considerable powers. He merely sought, quite thoughtfully, to place the officers of the Singapore Military Forces on the same basis as Her Majesty's officers, and in that I fully support him. The amendment is merely to clarify and to give precision to what is intended.

Mr Ong Pang Boon: The amendment is accepted.

Amendment agreed to.

Clause 2, as amended, ordered to stand part of the Bill.

Bill reported with an amendment; read a Third time and passed.