JUDICIAL COMMITTEE BILL

Order for Second Reading read.

6.37p.m.

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

The purpose of this Bill is to enable appeals and other proceedings to be brought with leave to the Judicial Committee of the Privy Council without the necessity of presenting a petition to the Queen, as was the practice prior to the formation of Malaysia, or to the Yang di-Pertuan Agong, as was the practice when Singapore was in Malaysia.

In effect, the Bill constitutes the Judicial Committee of the Privy Council as the final Court of Appeal for Singapore. Appeals will only lie with the leave either of the Appellate Court in Singapore or of the Privy Council. Provision is made for the enforcement of the Orders of the Judicial Committee and for the payment of costs. All pending appeals will be deemed to be appeals to the Judicial Committee.

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 House.

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

Bill considered in Committee.

[Mr Speaker in the Chair]

6.40 p.m.

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

Clause 6 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 3, line 24, after "appeals", to insert "and other proceedings".

Mr Speaker, Sir, this amendment is to ensure that the provisions of any enactment or rules for the time being in force regulating the proceedings of the Judicial Committee shall apply not only to appeals but also to other proceedings such as applications for special leave to appeal.

Amendment agreed to.

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

Clauses 7 and 8 ordered to stand part of the Bill.

Clause 9 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 4, line 4, after "Act", to insert "and when, in any such case, any special leave to appeal has been granted by the Yang di-Pertuan Agong or the President, such appeal may be proceeded with as if the special leave of the Privy Council had been granted".

Mr Speaker, Sir, this amendment is to avoid the Judicial Committee having to give leave formally in cases where leave has already been granted by the Yang di-Pertuan Agong or the President.

Amendment agreed to.

Clause 9, as amended, ordered to stand part of the Bill.

6.45 p.m.

Clause 10 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 4, lines 5 to 7, to leave out sub-clause (1) and insert -

'(1) The Courts of Judicature Act, 1964, is hereby amended -

(a) by deleting paragraph (c) of section 16 thereof and substituting therefor the following :-

"(c) for regulating and prescribing the procedure to be followed on appeals from the Federal Court to the Judicial Committee of Her Britannic Majesty's Privy Council;"; and

(b) by repealing sections 74 to 79 thereof.'.

Amendment agreed to.

Mr Barker: Mr Speaker, there is, in fact, a typographical error in page 4, line 15. Instead of the word "it" in line 15, I propose to move that we insert the word "them". Mr Speaker, Sir, this clause refers to "proceedings". The plural is used in line 14 and, in my view, the plural should also be used in line 15. This is only a small amendment and I do not think notice is required. With your permission, Sir, I beg to move,

In page 4, line 15, to leave out "it" and insert "them".

The Chairman: Mr Barker, I propose to treat that as a clerical or drafting error.

Mr Barker: As you wish, Sir.

The Chairman: And treat the word "it" in line 15 as "them".

Clause 10, as amended, ordered to stand part of the Bill.

The Chairman: In page 4, the marginal note will be left out as a result of the amendment, and in its place will be inserted "Amendment of Courts of Judicature Act, 1964. M. Act 7 of 1964."

Bill reported with amendments; read a Third time and passed.