PUBLIC AUTHORITIES PROTECTION (CESSATION) BILL

Order for Second Reading read.

6.10 p.m.

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

As you are aware, the Public Authorities Protection Ordinance of 1912 provided, inter alia, that legal proceedings against public authorities should not lie unless instituted within three months after the act, neglect or default com plained of. This Ordinance remained in operation in Singapore until 1955 when it was repealed by the Public Authorities Protection (Repeal) Ordinance. The object of the repeal was to assimilate the law applicable to proceedings against public authorities with that applicable in other cases, with the result that public authorities ceased to enjoy any privileged position in litigation. The repeal was also designed to bring our law in line with the law in the United Kingdom.

After the formation of Malaysia, the Public Authorities Protection Ordinance, 1948, of Malaysia was extended to Singapore by the Modification of Laws (Government Proceedings and Public Authorities Protection) (Extension and Modification) Order, 1965, made under the Malaysia Act on the 25th of February, 1965. This Orthnance, which still operates in Singapore, provides, inter alia, that actions against public authorities shall be commenced within 12 months next after the act, neglect or default complained of. In consequence of the independence of Singapore upon separation from Malaysia, it is considered desirable that the Public Authorities Protection Ordinance, 1948, of Malaysia should cease to apply to Singapore and that we revert to the position where the law applicable to proceedings against public authorities is similar to that in other cases. The Bill now before the House seeks to do this.

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]

6.14 p.m.

Clauses 1 and 2 ordered to stand part of the Bill.

New Clause - " Nothing in this Act shall affect any Transitional proceedings if the cause of action arose or provisions. accrued before the date of the coming into operation of this Act, and the time for bringing proceedings in respect of any such cause of action shall, if it has not already expired on or before such date, expire at the time when it would have expired apart from the provisions of this Act.". - [Mr Barker].

Brought up, and read the First time.

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

Shortly, this saving clause is to make it clear beyond any doubt that the Public Authorities Protection (Cessation) Bill will not affect the limitation period in respect of any cause of action arising prior to the cessation of the Public Authorities Protection Ordinance, 1948. It is intended that this new clause be inserted after clause 2.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

The Chairman: This new clause is to be inserted immediately after clause 2.

Bill reported with an amendment; read a Third time and passed.