LOCAL GOVERNMENT INTEGRATION (AMENDMENT) BILL First Reading

The Minister for Law (Mr E. W. Barker): Mr Speaker, Sir, I beg to introduce a Bill intituled "An Ordinance to amend the Local Government Integration Ordinance, 1963 (No. 18 of 1963)."

Copies of the Bill handed in to the Clerk.

Bill read the First time.

Second Reading

Mr Speaker: Second Reading, what day?

Mr Barker: Now, Sir, I lay upon the Table a Certificate of Urgency signed by His Excellency the Yang di-Pertuan Negara in respect of the Local Government Integration (Amendment) Bill.

Certificate of Urgency handed in.

Mr Speaker: The Certificate is in order.

Mr Barker: Copies of the Bill have already been handed in earlier.

Copies of the Bill distributed to hon. Members.

Mr Barker: Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Section 5 of the Local Government Integration Ordinance, 1963, provides that all lands, buildings and other property, moveable and immoveable, of the City Council and of the Rural Board at the end of the year 1960 other than lands, buildings and other property which were vested in the Public Utilities Board shall be deemed to have been transferred to and vested in the Government without further assurance on the 1st day of January, 1961.

In a recent suit before the High Court of Singapore, the question of the transfer to and the vesting of property acquired after the 1st day of January, 1961 has been raised. Although the Local Government Financial Integration Ordinance, 1960 - which is now repealed - provided for this eventuality, the Government's legal advisers are of the view that the position of such property is not clearly beyond doubt. The amendment of subsection (1) of section 5 of the principal Ordinance seeks to settle this question beyond all doubt.

Subsection (4) of section 5 of the principal Ordinance which sets out the procedure to be followed in the case of proceedings pending or matters or causes of action existing immediately before the coming into force of the principal Ordinance is repealed and re-enacted with greater clarity particularly as regards whether or not the provisions of the Crown Suits Ordinance apply.

Mr Speaker, Sir, I beg to move.

Question proposed.

Mr Ong Eng Guan (Hong Lim): Mr Speaker, Sir, I only wish to seek clarification from the Minister as to whether this Bill will cover those actions which are not pending but new actions which can be contemplated by parties against the former City Council or the former Rural Board.

I wish to seek this clarification because when I was the Mayor of the City Council, action was taken against me by Mr L. A. Marcus and we have settled this action, each side paying their own costs. When my lawyers wrote to the Public Utilities Board, they tried to pass the buck and my lawyers apparently do not know the right department to take action because obviously we might not have action to take.

I would like to seek clarification from the Minister as to whether the Bill does provide a clause whereby a person can take new action against the Government because it has taken over all the rights and liabilities of the City Council.

Mr Barker: Mr Speaker, Sir, I can assure the hon. Member that this amendment Bill was enacted to cover exactly the type of case which he has raised. If I can draw the hon. Member's attention to the proposed amendment to subsection (4) of section 5 of the principal Ordinance, it sets out previously the procedure to be followed in the cases of proceedings pending or matters or causes of action existing immediately before the coming into force of the principal Ordinance. The position now is that if one desires to sue the City Council, one can do so. It is brought in the name of the City Council but it is the Government which bears the responsibility.

I cannot advise the hon. Member on his own personal legal matters. He has his own lawyers, but I can assure him that this Bill has been brought in to provide for the eventuality which he is afraid of.

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 Barker].

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

3.30 p.m.

Mr Speaker: Order. Business of Supply. Will the Minister please move his Business Motion?