REPUBLIC OF SINGAPORE INDEPENDENCE BILL

Order for Second Reading read.

4.08 p.m.

The Prime Minister: Sir, I have already dealt with the contents of this Bill in some detail when I moved the Constitution (Amendment) Bill, and it is not my intention to re-cover the grounds. But I would just like to sum up what I have said, namely, that those parts of the Federal Constitution which were part of the Constitution of Singapore and are still relevant for us in our new situation - first, no longer as a member of the Federal whole, and, second, as a sovereign State and Legislature on our own - have been adopted. The changes made are changes in nomenclature and the transfer of powers from the various bodies that exercise this authority in Malaysia to the persons and bodies who will exercise this authority here.

It is the view of my colleague, the Minister for Law, and that of the State Advocate-General and his Chambers that it is possible, by the end of next year after the Constitution Commission has concluded its deliberations, for us to decide to bring into one complete document the Constitution which is now in four Parts - the Federation of Malaysia Constitution, the State of Singapore Constitution, the Amendments to the Federation of Malaysia Constitution by this the Republic of Singapore Act, and the Amendments to the Singapore Constitution by the Constitution (Amendment) Bill. In bringing these together, of course, it will also be our intention, as I have indicated, to bring about such changes as I think will be possible to liberalise the Constitution and make the weight of executive authority less inhibitive to the Legislature and to the Judiciary.

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

Question put.

The Prime Minister: Mr Speaker, Sir, on the question of the Constitutional procedure, again it will require a two-thirds majority on Second Reading.

Mr Speaker: Mr Prime Minister, the only obligation on me is to see that I have a two-thirds majority on the Singapore Constitution Bill, but no such obligation is put on the Assembly with regard to the Federal Constitution. If the House, however, feels that it would be safer this way, I have no objection, but I felt that there was no obligation on this House to provide a two-thirds majority of any amendment to a matter outside the Constitution of the State of Singapore.

The Prime Minister: Ex abundante cautela, I would urge that the House take a division after the Committee stage and on the Third Reading, the reason being as follows, Mr Speaker, Sir, I think a strict interpretation of the responsibilities as set out in the State of Singapore Constitution Act refers to amendments to the Singapore Constitution. But it is open to anyone to urge upon the Judiciary that the passage of this Bill, in fact, does make a fundamental alteration to the nature of the Singapore Constitution enactment, for it incorporates into that enactment all the Federal powers which were, whilst we were in Malaysia, part of the Federal Constitution. So that there can be no doubts about this matter, I would urge that the Bill be passed by a two-thirds majority and that a vote be taken.

Mr Speaker: I entirely agree with Mr Prime Minister that this would be the safer course, of course, and we will take it. If there is going to be any argument about it, this will put it out of court completely. Perhaps the House will record a vote on the Second Reading. Ring the Division Bells.

Division Bells rung.

Mr Speaker: I will now put the Question again, "That the Bill be now read a Second time."

Question again put, "That the Bill be now read a Second time."

The House divided: Ayes, 36 Absent, 15. Ayes. Absent. A. Rahim Ishak Bani, S.T Barker, E. W. Chan Sun Wing Buang bin Chia Thye Poh Omar Junid Chio Cheng Thun Chan Chee Seng Fong Kim Heng Chan Choy Siong, Goh Keng Swee Madam Koo Young Chow Chiok Hock Kow Kee Seng Fong Sip Chee Lee Tee Tong Gonzales, R.A Lim Huan Boon Ayes - contd Absent -- contd Govindaswamy, P. Loh Miaw Gong, Miss Ho Cheng Choon Ong Lian Teng Ho See Beng Poh Ber Liak Jek Yeun Thong Tan Cheng Tong Lee Khoon Choy Wong Soon Fong Lee Kuan Yew Lee Teck Him Lim Cheng Lock Lim Kim San Lingam, S. V. Mahmud Awang Mohd. Ariff bin Suradi Nair, Mrs. Devan. Ng Kah Ting Ng Yeow Chong Ong Pang Boon Othman bin Wok Rahamat bin Kenap Rajaratnam, S. Rajoo, S. Rodrigues, Bernard. Sia Kah Hui Sim Boon Woo Teong Eng Siong Toh Chin Chye Wee Toon Boon Yaacob bin Mohamed Al-Haj Yong Nyuk Lin

Mr Speaker: 36 Ayes; 15 Absent. I declare that the Second Reading of the Bill has been carried by more than two-thirds of the Members of the House.

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.-[The Prime Minister].

Bill considered in Committee.

[Mr Speaker in the Chair]

Clauses 1 to 5 inclusive ordered to stand part of the Bill.

Clause 6 -

Amendment made: In page 2, line 17, to leave out "Articles 1 to 3" and insert "Part 1".-[The Prime Minister].

Clause 6, as amended, ordered to stand part of the Bill.

Clauses 7 to 13 inclusive ordered to stand part of the Bill.

New Clause - "Saving. Nothing in this Act shall affect the validity of any acts done in the name of, or by, the Yang di-Pertuan Negara or the State Advocate-General before the enactment of this Act.". - [The Prime Minister].

Brought up, and read the First time.

The Prime Minister: Mr Speaker; Sir, I beg to move, "That the New Clause (to be inserted after clause 13) be read a Second time."

Question put, and agreed to.

Clause read a Second time and added to the Bill.

Bill reported with amendments.

Third Reading

[Mr Speaker in the Chair]

Mr Speaker: Third Reading, what day?

The Prime Minister: Now, Sir, I beg to move, "That the Bill be now read a Third time."

Question put, "That the Bill be now read a Third time."

Division Bells rung.

The House divided: Ayes, 37; Absent, 14. Ayes. Absent A. Rahim Ishak. Bani, S.T. Barker, E. W. Chan Sun Wing Buang bin Omar Junid. Chia Thye Poh Chan Chee Seng. Chio Cheng Thun Chan Choy Siong, Fong Kim Heng Madam. Chow Chiok Hock Koo Young Fong Sip Chee Kow Kee Seng Goh Keng Swee Lee Tee Tong Gonzales, R. A. Lim Huan Boon Govindaswamy, P. Loh Miaw Gong, Miss. Ho Cheng Choon Ong Lian Teng Ho See Beng Poh Ber Liak Jek Yeun Thong Tan Cheng Tong Lee Khoon Choy Wong Soon Fong Lee Kuan Yew Lee Teck Him Lim Cheng Lock Lim Kim San Lingam, S. V. Mahmud Awang Mohd. Ariff bin Suradi Nair. Mrs. Devan. Ng Kah Ting Ng Yeow Chong Ong Pang Boon. Othman bin Wok Rahamat bin Kenap Ayes - contd. Rajaratnam, S. Rajoo, S. Rodrigues, Bernard. Sia Kah Hui Sim Boon Woo Teong Eng Siong Toh Chin Chye Wee Toon Boon Yaacob bin Mohamed A1-Haj Yong Nyuk Lin

Mr Speaker: 37 Ayes; 14 Absent. I declare that the Third Reading of the Bill has been carried by more than two-thirds of the Members of the House.

Bill, as amended, accordingly read a Third time and passed.