CONSTITUTION (AMENDMENT) BILL

Order for Second Reading read.

6.55 p.m.

The Minister for Law and National Development (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 amend a clause in Part IIA of the Constitution of Singapore which relates to the Judiciary with a view to enabling a Judge of the Supreme Court who has ceased to hold office to sit again for specific period or periods as a Judge of that Court should the need arise.

At present, clause (1) of Article 52F of the Constitution of Singapore enables a Judge of the Supreme Court to hold office until the age of 65 years with an extension not exceeding six months after he attains that age as the President may approve, so that as the law now stands a Judge may not hold office after the age of 65 years and six months. The Bill, if passed, will enable not only Judges who retire at the age of 65 or 65X- years to be re-employed, but also those who retire or resign before attaining 65 years. This provision will be invoked only when it is necessary and, of course, only if the Judge is himself willing to serve. A former Judge could therefore be called upon to help out at any time as, for example, when a serving Judge is ill for a considerable time, or is expected to be absent for several months for any cause, or if it is necessary to maintain the present complement of Judges with experience when one of them is required to retire by reason of age. This is in fact the position with regard to one senior Judge whose extended term of office expires in November this year when he will attain the age of 65 years and six months. As there are now only six Judges, apart from the Chief Justice, and the maintenance of at least this number is desirable, it would seem a pity to lose the experience that this retiring senior Judge represents so long as he is in good health and willing to serve in that capacity beyond his compulsory retiring age.

Sir, it is worth noting that the retiring age for Judges of the Supreme Court varies in other countries from 65 years in India to 75 years in England and Canada. In Australia, they are appointed for life while in the United States there is no age of retirement, but on reaching the age of 70 a Supreme Court Judge who has served 10 consecutive years may request release from active duty. It is not thought necessary or desirable to raise the present retiring age of Judges in Singapore as there would be some who wish to retire at the age of 65 years, and we feel that they should not be prevented from so doing. This Bill, therefore, has the merit of not altering the present retiring age of our Judges for the benefit of those who would prefer to retire at the age of 65, while at the same time it enables those who are prepared to serve for specific periods after reaching retiring age to help out whenever there is a need.

An existing provision in the Constitution, namely clause (2) of Article 52B, enables "a person qualified for appointment as a Judge of the Supreme Court" to sit as a Judge of that Court for a specific period and there is in fact one such Judge who has been appointed under this provision. The amendment now proposed has been conveniently incorporated in that provision so that a person so qualified for appointment or a retired Judge of the Supreme Court who is recalled to serve under the new provision will hold office for such period or periods as the President, acting on the advice of the Prime Minister, directs.

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.