MINOR OFFENCES (AMENDMENT) BILL

[Mr Speaker in the Chair]

Order for Second Reading read.

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."

Sir, the Bill now before the House seeks to amend section 21 of the Minor Offences Ordinance. The amendment has been rendered necessary by reason of the inadequacy of the present penalties contained in the Minor Offences Ordinance for such offences as riotous, disorderly or indecent behaviour within the precincts of a court house. Hon. Members will remember that a few months ago section 368 of the Criminal Procedure Code was amended enhancing penalties which may be imposed for contempt of court where such contempt is committed in the face of the court. The very same reasons that had rendered necessary the amendment of section 368 of the Criminal Procedure Code also made it necessary for Government to seek an amendment to section 21 of the Minor Offences Ordinance. This section, as it now stands, would make it an offence punishable with a mere $20 at the most in the first instance for such riotous behaviour in court that is not committed in the presence of a magistrate and would accordingly escape the provisions of section 368 of the Criminal Procedure Code. Technically speaking, therefore, as the law now stands, riotous behaviour even in court before the magistrate comes on the Bench can only be punished under section 2] of the Minor Offences Ordinance which carries a fine not exceeding $20. This, as hon. Members will agree, is wholly out of proportion to the seriousness of such an offence. Indeed, the inadequacy of the penalty in this respect has been somewhat underlined in the recent disturbances in the magistrates' courts where the accused and their friends and their supporters have caused riotous and disorderly behaviour within the compound of the courts. In order that a sufficient deterrent may be imposed for such transgressions of the law, it has been thought appropriate that there should be corresponding increases in the penalties that may be imposed for such offences as for those where the misbehaviour is in the face of the court itself. Accordingly, therefore, it is now provided in this Bill to increase the penalties, in the case of a first conviction for riotous, disorderly or indecent behaviour in the places specified in the Bill, to a fine not exceeding $250. The alternative punishment of imprisonment has also been correspondingly enhanced to a term not exceeding one month, and in the case of a second or subsequent conviction, the maximum fine is increased to a sum not exceeding $500 and imprisonment for a term not exceeding six months.

Section 21 as it now stands combines the offence of drunkenness and disorderly behaviour as a result of inebriety with disorderly behaviour that is intentional and calculated to bring about disrespect and contempt for the administration of the law. And the amendment that is to be brought about to the law accordingly seeks to separate these acts from the remainder of the provisions in the present section 21 of the Minor Offences Ordinance, and it is only where the riotous, disorderly and indecent behaviour takes place in any public road or in any public place or place of public amusement or resort, or in the immediate vicinity of or in any court or public office, police station or place of worship, that the offence would attract such enhanced punishment contemplated by this Bill.

The present Bill can be said to go hand in hand with the amendment to section 368 of the Criminal Procedure Code in increasing penalties for those convicted of offences committed with the sole purpose of expressing their contempt and disrespect for the law.

Sir, I beg to move.

Question proposed.

Mr Ho See Beng (Bras Basah): Mr Speaker, Sir, I just want to ask the Minister to clarify clause 3 with regard to the new section 2lB. "Any person ...". Does "Any person" also include a lawyer in court who misbehaves and who will also come within the provisions of this Ordinance?

Mr Speaker: Does any other Member wish to speak? None. Mr Barker.

Mr Barker: "Any person" means what it says. It will include any lawyer. But this Bill covers offences not committed, as it were, in the face of the court. A lawyer could misbehave in the face of the court or in the precincts of a court house, and the fact that he is a lawyer will not give him any protection. If he is handling the case in court, then, of course, it is up to the magistrate to deal with him if he misbehaves, under the powers of contempt of court for contempt committed in the face of the court, which powers the magistrate has. Even before the recent amendments to these Ordinances, any lawyer misbehaving in court could be convicted for contempt of court by the magistrate or the judge hearing the case.

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.