FOREIGN RECRUITING
Legislative Assembly of Singapore · 15 January 1962 · 2nd Legislative Assembly
Official Report, 15 January 1962, Vol 16, Issue 1 · Open in the reader (summaries, search, filters)
Mr Rajah: Mr Speaker, Sir, in 1875 there was passed an Ordinance [Foreign Recruiting] which is still on our statute books to control recruiting in the Colony for the service of Foreign States.
Section 3 of the Ordinance reads as follows:
`If any person is, within the limits of the' Colony, obtaining, or attempting to obtain, recruits for the service of any Foreign State in any capacity, the Yang di-Pertuan Negara may by order in writing, signed by the Minister, either prohibit such person from so doing or permit him to do so subject to any conditions which the Yang di-Pertuan Negara imposes.'
Then section 4 of the same Ordinance reads as follows:
`The Yang di-Pertuan Negara may by general order notified in the Gazette either prohibit recruiting for the service of any Foreign State, or impose upon such recruiting any conditions which he thinks fit.'
And section 5, which is the last `section, is the punishment section for any violation of the Yang di-Pertuan Negara's orders set forth in the Gazette.
Recruiting under this Ordinance, Mr Speaker, Sir, could be either recruiting to a foreign civil service, or perhaps recruiting to an army. This is still on our statute books and, therefore, it becomes pertinent to inquire how this particular section 3 is to be worked. Under section 3 of the Ordinance, Mr Speaker, Sir, it is the Yang di-Pertuan Negara who, by order signed by the Minister, prohibits or permits. We know, Mr Speaker, constitutionally, the Yang di-Pertuan Negara never acts on his own. He either acts on the advice of the Cabinet or on that of a particular Minister and it would seem on some occasions, under the Constitution, on the advice of the United Kingdom Commissioner.
Section 72 (1) of the Singapore (Constitution) Order in Council, 1958, reads:
`Subject to the provisions of this Part of this Order, defence and external, affairs shall be the responsibility of the Government of the United Kingdom.'
Section 74 (1) reads:
The Government of the United Kingdom may, whenever it is of the opinion that the discharge of its responsibilities for defence sir external affairs so requires, request the Government of Singapore, by a communication made through the United Kingdom Commissioner, to take any action specified in that communication or to discontinue or refrain from any action which is so specified; and. subject to the provisions of subsection (8) of this section, the Government of Singapore shall, as soon as may be, comply with any such request except to the extent that the Internal Security Council decides, in accordance with the provisions of subsection (7) of this section, that the subject-matter of the request is a matter of internal security and not of defence or external affairs.'
Then section 74 (2) reads:
`If the United Kingdom Commissioner is satisfied that the provisions of the preceding subsection have not been complied with, he may, by writing under his official seal, so inform the Yang di-Pertuan Negara and advise him to make an Order giving effect to the request of the Government of the United Kingdom; and the Yang di-Pertuan Negara shall make an Order accordingly.'
Section 74 (4) of that Ordinance reads:
`Every Order made by the Yang di-Pertuan Negara under this section shall have the force of law, and shall be published in the Gazette.'
The Foreign Recruiting Ordinance, from 1875 up till the date this Constitution Order in Council came into force, regulated recruiting in so far as such recruitment took place in the Colony for service in a foreign State. The question now arises, Mr Speaker, Sir - and on this, perhaps the appropriate Minister could tell the House - who is the Minister who advises the Yang di-Pertuan Negara under section 3 of the Foreign `Recruiting Ordinance? Is it the Minister for Home Affairs, or is it the Hon, the Prime Minister or is it the United Kingdom Commissioner? The matter is of some importance at this stage, Mr Speaker, Sir, because there are attempts being made to recruit in the Colony -
The Prime Minister: Colony?
Mr Rajah: - in the State of Singapore, and there should be a categorical statement made by somebody in charge of these affairs as to what the proper position is with regard to foreign recruiting. If that matter is under the control of the United Kingdom Commissioner, then a categorical statement should be made to that effect. If that matter is within the ambit of any ministerial portfolio, a ministerial statement should be made to that effect. But whatever it may be, it does appear. Mr Speaker, Sir, that under section 4, some general order should be put out in the Gazette to comply with the provisions of the Foreign Recruiting Ordinance.
Mr Speaker: Are there any Members wishing to speak before the Ministerial Bench replies?
The Prime Minister: Mr Speaker, Sir, you see some hesitation on the part of the Front Benches of the Government not because an answer is not there to be given, but because the problem is, how do we give the answer? Do we talk about anti-colonialism, or do we talk about law? Having heard the Member for Farrer Park talk law, I have decided that the matter should be answered in a purely legal and proper manner and the appropriate Minister who should answer the Member for Farrer Park is the Minister for Law.
The Minister for Law feels that behind the jargon of the law, really what it means is: do you really seriously object to people enlisting members of the Barisan Sosialis who want to volunteer to go to West Irian? Do we really and seriously feel that their loyalty to Singapore will be undermined if they are engaged in the anti-colonial struggle?
First of all, I think the Member for Farrer Park has acutely and subtly posed the problem. It is not a question of portfolio because the Cabinet as such act together, and the Yang di-Pertuan Negara can only act on the advice of the Cabinet as such.
I would, however, like to draw the attention of the Member for Farrer Park to section 74 of the Singapore (Constitution) Order in Council, which specifically spells out the powers over defence and external affairs in the hands of the British Government. If there is any doubt as to where the matter rests, whether it is internal security encroaching upon defence - this is purely a hypothetical case and I am not suggesting that somebody who wants to go to West Irian to fight Dutch colonialism is necessarily a danger to the security of the State of Singapore. In fact, I would think that there is no better guarantee of the security of the State of Singapore than to engage all the anti-colonial fervour and zest and enthusiasm in something really worthwhile, something which I had the honour to sign in a declaration jointly with the First Minister of the Republic of Indonesia, to which my former Parliamentary Secretary was a witness. He stood solemnly by as we declared and he solemnly supported that West Irian should go back to Indonesia. But the crux of the matter is: has the U.K. Commissioner raised the question as one which infringes upon their rights under the Constitution and therefore requiring us to take action? The answer is no because, being wise colonialists, they leave well alone. If chaps want to sail to West Irian, I say to them that the British Navy will not stop them. I think so. I have not received any assurance from the Commander-in-Chief, Far Eastern Station, but I have a good hunch that if they want five blasts of the whistle to send them off, I will try and arrange it, so that they can get a proper send-off to the best landing beaches in West Irian.
Mr David Marshall: What about yourself?
The Prime Minister: No, Sir, I will not go myself because, like a good democrat, I feel that the matter should be settled by peaceful negotiations. Not that I am adverse to a bit of bloodshed. I think sometimes bloodshed is inevitable when you meet recalcitrant - [Interruption]. No, even my own, if it becomes necessary. But in this case, it is such an interesting and exciting exposition of the art of brinksmanship - I think it will all be settled peacefully. More is the pity when I think of it, all the untapped valour and bravery in the Barisan Sosialis and the three girls whom they marched forward, Sir,I really admire them, Sir,I was away when I read all this. The last time they fought for Chinese culture and education - wrongly fought, they used school kids. Now they want to down the Dutch and liberate West Irian, and they put three girls forward.
No, Sir, the short answer to the Member for Farrer Park - I am sorry. That is why I really do not want to answer this. I do not want to say anything in reply because, apart from giving him a purely legal answer at which he already. I imagine, has a very shrewd guess, I have to touch upon the basic reality which the camouflage of legalistic argument is really intended for. I say foreign enlistment, notwithstanding the fact that the Treasurer of the People's Action Party has assured me that we have got enough funds to pay for the first 100 passages to West Irian - the Barisan Sosialis Committee members immediately, first passage, also to volunteer -
An hon. Member: One-way ticket!
The Prime Minister: Or two if they can come back. Why not'? But if the U.K. Commission raises any objection, I am prepared to risk the reputation of my Government in standing up to British colonialism in supporting Dutch colonialism. We stand for anti-colonialism.
Mr David Marshall: In Singapore too?
The Prime Minister: In Singapore too; everywhere in South-East Asia, anywhere in the world -
Mr David Marshall: Hear, hear!
The Prime Minister: But after anti-colonialism is over, we stand for an independent, democratic non-Communist socialist society. That is where the sheep and the goats part; that is where anti-colonialism ends and nationalism begins, or Communism begins; and this is the threshold where we are at. The Member for Anson is gleeful because - [Interruption]. I am happy, Sir, that he went up to Kuala Lumpur and had a chat with the Prime Minister of the Federation of Malaya -
Mr David Marshall: Point of order, Mr Speaker, Sir. [Laughter].
Mr Speaker: Order.
Mr David Marshall: I can see nothing to laugh about, Sir,I do object to the fact that the personal conduct of a Member should be referred to. Not that I am ashamed in the least to have had lunch with the Prime Minister of the Federation. That was a confidential meeting and I consider it grossly improper on the part of the Prime Minister to divulge it here.
The Prime Minister: Why do you not tell me -
Mr Speaker: The point of order has been taken. It is personal conduct of the Member for Anson, and the Standing Orders are quite clear on it. It cannot be referred to except on a substantive motion. Objection has been taken and, therefore, I must insist that no further reference be made.
The Prime Minister: Sir, the Member asks us to withdraw any aspersion from a reference of that kind. There is no aspersion -
Mr Speaker: Order. There is no aspersion alleged. It is the personal conduct of a Member which cannot be referred to under our Standing Orders. That is all there is to it.
The Prime Minister: This is no personal conduct, Mr Speaker, Sir. This is a public figure - a former Chief Minister. I hear all this from my colleague, the Minister for Culture. He told me that the Member for Anson went up with him in the same plane, together with the whole of the Malaysian delegation from Sarawak, and they all -
Mr Speaker: Order. I think the Prime Minister must keep order. That is personal conduct and he must not refer to it. The objection has been taken.
The Prime Minister: Mr Speaker, Sir, at some other time and at some other place, I think I will question that ruling; but on a night such as this when we are all getting a bit hungry, I will let it pass. But, nevertheless, let me make this point, which I was on the point of clarifying. We are on the threshold of either a nationalist non-Communist socialist Malaya or a Communist one, and we support anti-colonialism anywhere provided that is where it is going to lead to. If it is going to lead to some other dead-end - and I say those who want to go to a dead-end, God bless them. But that does not mean we do not support West Irian because, as far as we can see, that leads to, for a long while yet, a nationalist Indonesia. What history has in store for us and our neighbours we do not know, but West Irian belongs to Indonesia and we support it - foreign enlistment notwithstanding. The Singapore Government gives a firm and categorical assurance to all those who wish to volunteer that we will stand up for the anti-colonial rights of all those who wish to sacrifice life and limb for a sacred cause.
Mr David Marshall: Mr Speaker, Sir, there has just been a suggestion that there is recruitment going on in this country for the military purposes of a foreign nation. I think we want to put the matter in proper perspective. That is, in fact, inaccurate. I have read in the papers of a statement issued by the Indonesian Consul-General who has stated merely that he has noted these applications for service overseas, that they are not being utilised at the moment, but that they would be considered in due course. That is not recruitment, Sir. That is no more than a polite K.I.V., as if the Member for Farrer Park writes and tells me that he is referring my letter to his client for consideration. It means nothing at all and I do not think it is fair to imply - though I do not know if the implication is intended - that, in fact, the Consul-General for Indonesia is in any way transgressing any of our laws. To my mind, he seems to have acted with complete propriety and constitutionality. There is no suggestion really of recruitment. Insofar as the volunteers -
The Prime Minister: On a point of elucidation.
Mr David Marshall resumed his seat.
The Prime Minister: It might be useful for the Member for Anson to know that the Consul-General for Indonesia Is in no danger of being charged that.
Mr David Marshall: I know that the Consul-General for Indonesia is in no danger of being convicted whatever the P.A.P. may do, because in law he has not recruited. Insofar as the citizens of Singapore are concerned - how shall I say it? - they wish to express a certain emotional reaction and it is a ceremonial gesture on a ceremonial occasion, as Churchill once said. Surely we cannot take them to task, nor shall we make fun of them even though they be women. I say, Sir, that there is nothing here to take objection to in any way that I can see.
Dr Goh Keng Swee: Sir, I think the Member for Anson has completely misunderstood the intention of the P.A.P. Government.
We have no quarrel with the Consul-General for Indonesia. If he wants to invite people to fight in the campaign to liberate West Irian, so be it. In this great anti-colonial struggle fully supported by the Barisan Sosialis - indeed, Sir, last Sunday, they had a tremendous mass meeting, I am told, whereby they had to rally all the unions under their charge to effect a decent turn-out, which it never had until then - our quarrel is not with the Consul-General for Indonesia. We say that there is an anti-colonial struggle to liberate West Irian. The Barisan Sosialis say, "Yes, they must." We say, "Let West Irian return to Indonesia by peaceful negotiations." But at that mass meeting, they said, "No, we must fight." Mr Lim Ching Siong said, "The example of West Irian clearly shows that constitutional methods of opposing colonialism are ineffective. We must use arms." So be it. He has set the pattern for behaviour.
The Member for Anson said, "This is just a ceremonial gesture appealing to the emotions of man". That may be his view. He may be a very emotional man who believes in ceremonial gestures. But the Barisan Sosialis are neither emotional nor ceremonial. Behind them they have the organised ranks, the Communist underground and the open front organisations. They have said openly and' in public at a mass meeting that West Irian must be liberated by force, and that they do not believe in a constitutional effort to win independence from colonial rule. Quite naturally, Sir, it follows, as day follows night, that Members of the Barisan Sosialis, particularly the leaders in the Assembly, feel very strongly about the issue. If they do not feel strongly about the issue, then they are a bunch of hypocrites. If they do feel strongly about the issue -
Mr Speaker: Order. I take it that the word "hypocrites" was used in reference to Members of the Assembly and it has been ruled in the past as being unparliamentary.
Dr Goh Keng Swee: I hasten to say that I have never called them hypocrites. I said if they did not believe in what they publicly stated, that they must liberate West Irian by force, then they were hypocrites. I assume, of course, that they are honourable gentlemen and they' believe in what their Party says and that there is no doubt that they will be the first contingent to land on the shores of West Irian.
An hon. Member: Hear, hear!
Dr Goh Keng Swee: In that happy event, I think this House would want me to strike medals in their honour. And in this gallant anti-colonial struggle, if any of them falls a victim to the machine-gun fire of the wicked Dutch colonialists, then I have no doubt that my Ministry will release sufficient funds to build a monument to his memory.
Mr Speaker: Order. I suppose this is all related to foreign recruiting.
Dr Goh Keng Swee: Sir, we have before this House a motion in support of the anti-colonial struggle in West Irian. I am very glad indeed that the Member for Farrer Park has brought out certain legal obstacles that might stand in the way. The Barisan Sosialis are great anti-colonial fighters, but if they think that the law enacted in 1875 stands in their way, we will sweep it aside and pass an amending legislation to repeal it.
Now, Sir, we await with great interest these gallant, brave anti-colonial fighters. What do they have to say? Will we perhaps have the opportunity to go to Clifford Pier to see them off on a tongkang or a junk, because the President of the Republic of Indonesia -
Mr Speaker: Order. I tried to indicate that the Minister was perhaps going very far away from the topic we are discussing. I think he has made his point. Let us come back to the question of foreign recruiting as raised by the Member for Farrer Park.
Dr Goh Keng Swee: I will wind up by saying. I wish them goodbye, good luck and adieu.
Dr Lee Siew Choh: Just a few words, Sir, about goodbyes. I am sure that when the time comes, the people of Singapore will say, "Goodbye and good. riddance to the P.A.P.".
Mr David Marshall: Hear, hear!
The Prime Minister: There are two volunteers now. Are you going to West Irian?
Mr Speaker: Order.
Dr Lee Siew Choh: The Minister for Finance said something about our last week's rally. We do not have to rebut every time that the P.A.P. try to be-little us. `There are witnesses there. There are pictures which show the' thousands that are there. We do not have to carry the people there. They come along by themselves. But there is one thing I want to make clear for the record. He said that our Secretary-General stated that we support the use of force to liberate West Iran because that was the way it should be. Well, we never said that.
The Prime Minister: How is that?
Dr Lee Siew Choh: We have said repeatedly that we support a peaceful solution.
The Prime Minister: Then why volunteer?
Mr Speaker: Order.
Dr Lee Siew Choh: We quoted the case of Goa, that in this particular case, it was the intransigence and obstinacy of Western colonialism that blinded them to the writing on the wall and, under those circumstances, when colonialism refuses to leave, refuses to budge and still wants to cling on to the last pound of flesh, then it will have to be ousted, just as the P.A.P. when the time comes will be ousted by the people of Singapore. If in this West Irian issue, force has to be used as a result of the obstinacy of Dutch colonialism -
Mr Byrne: You will go there.
Dr Lee Siew Choh: - then for the cause of the struggle against colonialism, we support it.
Dr Goh Keng Swee: Will you go then?
Dr Lee Siew Choh: If the Minister for Finance would care to come along with us, we would go along as well.
An hon. Member: Coward!
The Parliamentary Secretary to the Minister for Education (Mr Lee Khoon Choy): You can go there alone.
Tun Lim Yew Hock: When the Member for Farrer Park spoke on the' adjournment, he did not indicate whether he wished to be the recruiting officer.
An hon. Member: The Barisan Sosialis can do that.
Question put, and agreed to.
Resolved,
That this Assembly do now adjourn.
Adjourned accordingly at Twenty-seven minutes past Eight o'clock p.m.
Source: Singapore Parliament Official Report (Hansard) for 15 January 1962. Republished on SGParliament.