CRIMINAL PROCEDURE CODE (AMENDMENT) BILL

Order for Second Reading read.

3.56 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."

The intention of the Bill is to amend a number of provisions in the Criminal Procedure Code regulating Coroners' proceedings and concerning appeals in criminal matters to the Privy Council.

The provisions in Chapter XXX of the Code require a Coroner to investigate the cause of death where a person dies or a dead body is found in certain circumstances, and ascertain whether any person is criminally concerned in the cause of death. The Code regulates the manner in which an investigation is to be carried out. In the formal part of his investigation, a Coroner sits either alone or with a jury of three to five persons. The proceeding is called an inquest or an inquiry, according to whether the Coroner sits with or without a jury. If the death occurs in a prison or under suspicious circumstances in an institution, the Coroner investigating it has until now been required to sit with a jury, but in most cases he has a discretion and sits alone. Where he finds that a crime has been committed, he may issue a warrant for the arrest of the person whom he thinks should be charged, but he makes no determination of that person's guilt.

Hon. Members will recall that the recent Criminal Procedure Code (Amendment) Act, 1969, repealed those parts of the Code requiring that persons charged before the High Court with certain offences be tried by jury. The present Bill seeks likewise to remove juries from Coroners' proceedings. In doing so, it will bring these proceedings into line with trials in the criminal courts. The repeal of those provisions of the Code requiring or referring to Coroners' juries and the necessary consequential and formal amendments are contained in clauses 2 and 5 to 25 of the Bill.

Clauses 3 and 4 of the Bill are concerned with sections 285 and 286 of the Code. Originally, those sections ensured that the Privy Council's jurisdiction to hear criminal appeals was not affected by provisions such as section 284, and that the Privy Council's decisions would be given effect in Singapore. Since becoming independent, Singapore has made arrangements with the United Kingdom and passed the necessary legislation to secure the continuance of appeals to the Privy Council, to regulate them and to make the determination of appeals effective. Those laws are the Constitution (Amendment) Act, 1966, the Judicial Committee Act, 1966, and the Judicial Committee (Amendment) Act, 1967. The present terms of sections 285 and 286 refer to the law concerning appeals as it was before the passing of those Acts, and the effect of this Bill is to make them conform with those Acts.

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.