INTERPRETATION BILL

Order for Second Reading read.

4.30 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

In most statutes, there is a section which sets out the meanings which are to be attached to the particular words used in that statute. Such a section, the Interpretation Section, supplements for each particular statute the functions performed for all statutes by an Interpretation Ordinance or Act. The existing statute relating to the interpretation of certain expressions used in our laws is the Interpretation and General Clauses Ordinance and Chapter 2 of the 1955 Edition of the Laws of Singapore.

The Interpretation Bill now under consideration by the House re-enacts the provisions of the existing Interpretation and General Clauses Ordinance making such amendments as are necessitated by Singapore's status as an Independent Republic together with certain other amendments considered desirable.

In general, it is the object of this Bill, like all enactments relating to interpretation, to shorten the language of the statutes and to provide in our legislation uniformity of expression, thus avoiding superfluity of language. Within the compass of a single Act are contained provisions pertaining to the definition of terms and expressions used in all our laws, definitions which would otherwise have to be specified separately in many different Acts, Rules and Regulations. For example, Mr Speaker, a "monogamous marriage" is defined to mean a marriage which is recognised by the laws of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage. Another example, "Singapore" means the "Republic of Singapore" and shall be deemed to include the island of Singapore and all islands in places which on the 2nd day of June, 1959, were administered as part of Singapore and all territorial waters adjacent thereto.

Mr Speaker, Sir, in consequence of Singapore's independent status, certain definitions, such as "Assembly", and the "Yang di-Pertuan Negara", which are no longer to be used, are excluded and are substituted by a new set of definitions. For example, the term "Acts", Acts with a capital "A", is defined because the laws of Singapore will no longer be known as Ordinances. It is also expressly provided that in every written law prior to the enactment of this Bill, references to the Assembly or the Legislative Assembly are to be construed as references to Parliament; references to the Yang di-Pertuan Negara as references to the President, and references to the Federal Minister as references to the appropriate Minister of Singapore, and references to the State Advocate-General as references to the Attorney-General.

Part II, Mr Speaker, relates to the general provisions regarding written law and follows in general the parallel provisions of the Interpretation and General Clauses Ordinance as the Comparative Table shows. Provision is now made in clause 9 for references in Acts to sections, Parts, Chapters or Schedules by numbers or letters only as this follows the current drafting practice elsewhere of avoiding the repetition of phrases such as "of this section", or "of this Act" and so on in legislation, when the omission of these phrases would cause no ambiguity in the context.

Part III, head "Subsidiary Legislation", deals with that subject, and it is now expressly provided that authority to make subsidiary legislation ipso facto carries with it the power to provide penalties for contravention up to a maximum of $2,000 in case of a fine or one year in case of imprisonment or both the fine and imprisonment. Similarly, authority to provide for reduction, waiver or refund of fees or charges is to be read into any authority to impose these charges.

Powers and appointments form the subject of Part IV, and a new provision in this part is to the effect that the powers of a board, commission, committee or similar body, whether corporate or un-incorporate are not to be affected by any vacancy in membership, or by the fact that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member, or again that there was any minor irregularity in the convening of a meeting.

Part V is concerned exclusively with the reprint of Acts and expands the existing provisions of the Interpretation and General Clauses Ordinance. The provisions of this part lay the foundation for the next Revised Edition of the Laws of Singapore, for reprints often come in the vanguard of law revision.

Parts VI and VII re-enact in the main the parallel provisions of the present Ordinance except for two new clauses. Clause 46 provides that any official act or service for which payment is required need not be performed until the fees are paid or the payment made for it; whilst clause 47 states that the general power of reduction, remission, or refund of any prescribed fee or charge in whole or in part is vested in the appropriate Minister.

Finally, Mr Speaker, the Bill provides for the repeal of the Interpretation and General Clauses Ordinance and for the cesser of application to Singapore of the Interpretation and General Clauses Ordinance, 1948, of Malaysia and the

Modification of Laws (General Provisions)(Singapore) Order, 1964.

Mr Speaker, Sir, I beg to move.

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 E. W. Barker].

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