LIMITATION (EXTENSION) BILL

Order for Second Reading read.

6.21 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."

When Singapore was part of Malaysia and our High Court was a Court of Malaysia, writs were issued in the name of the Yang di-Pertuan Agong as the Head of State of Malaysia. Singapore ceased to be part of Malaysia on the 9th of August, 1965. But unfortunately, a number of writs of our High Court were still issued in the name of the Yang di-Pertuan Agong instead of the Yang di-Pertuan Negara or, after the 21st day of December, 1965, the President.

The Courts have now decided that such writs are null and void as they were issued in the name of a foreign sovereign. In his judgment in the Federal Court, the Chief Justice of Singapore said, and I quote:

'In the light of our decision in this appeal, it may not be out of place for me to express the hope that consideration may elsewhere be given as to the desirability of validating all writs totalling several hundreds - so we have been informed from the Bar - issued in the name of the Yang di-Pertuan Agong between the 9th August, 1965, and the date when the Republic of Singapore Independence Act, 1965, was published in the Government Gazette.'

Representations were also received from the Singapore Bar Committee and a number of advocates and solicitors as to the desirability of enacting validating legislation in respect of such writs. The Government, after full consideration of the matter, has decided not to enact any validating legislation in respect of the writs issued in the name of the Yang di-Pertuan Agong after the 9th day of August, 1965. However, it is felt that the persons who have issued such writs and whose causes of action have been barred by limitation should be allowed to initiate proceedings anew. The Bill, therefore, provides that such causes of action which would, but for this Act, have been barred by limitation be revived and kept alive for a period of three months from the date of the coming into operation of this Act when enacted. The Singapore Bar Committee has been consulted and, in fact, the original draft of the Bill was prepared by them.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr Barker]

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