CONSTITUTION (AMENDMENT) (PROTECTION OF THE SOVEREIGNTY OF THE REPUBLIC OF SINGAPORE) BILL

Order for Second Reading read.

2.50 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."

Sir, in the methodology of the destruction of a nation by its foes, war by force of arms is not necessarily the only means employed. The independence of a nation may, by more subtle means, be subverted. Although more time-consuming, propaganda, especially from within, could work just as well. The gradual erosion of the mind of a nation may well be achieved by persuasive arguments stemming from vested interests, often foreign. Again, an even more subtle method, that of manipulating political parties within a country, may be employed. This is especially attractive in a country like Singapore. In such circumstances, we can never be over-cautious in safeguarding our integrity as an independent sovereign nation. It is possible with unlimited funds at one's command to gain control of political parties, succeed at the polls and thereafter bring about the surrender or transfer of the sovereignty of our Island-Republic by fusion with another country.

Singapore, with its industrious and skilled population, its vast financial resources and expertise, its high standard of living and social amenities, its superb port facilities and economic infrastructure and its know-how and the skilled services in almost every field that it can provide from banking to the ship-repairing business, would indeed be a worth-while plum. Foreign interests with vast resources might find it advantageous to advocate, with smooth blandishments and in euphemistic terms, a "merger" when such merger would in reality be a take-over. These foreign interests could attempt to persuade Singaporeans that a surrender of its sovereignty might be advantageous to Singapore. This could be done by infiltrating into political and other bodies, by pumping in funds into these bodies for nefarious purposes and by the use of modern mass media, so that in time the climate of public opinion may be moulded.

The seductive blandishments of foreign agents must not be allowed to succeed. It must be made impossible for outside inimical interests to jostle Singapore into incorporation with any country when it is not to Singapore's benefit. We must accordingly seek to ensure that any Government of the future seeking to merge with a foreign country, .may only do so with the sanction of a clear and undoubted majority of the people of Singapore. As the President said in his address at the opening of Parliament, "No foreign interests can be allowed to take over Singapore through financing and manipulating political parties through their naive or vain, self-proclaimed leaders". Hence, there is, Mr Speaker, Sir, the need for legislation to combat machinations by foreign interests to the detriment of the Republic.

Mr Speaker, Sir, the Constitution (Amendment) (Protection of the Sovereignty of the Republic of Singapore) Bill provides at Article 52J that there is to be no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Singapore as an independent nation whether by merger or incorporation with any other sovereign state, Federation or country or in any other manner whatsoever without the support at a national referendum of at least two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act. Nor indeed without such support of the electorate is there to be any relinquishment of control over the Singapore Police Force or the Singapore Armed Forces. The expression "Singapore Police Force" in this context means not only the Police Force itself but also the Special Constabulary, all Auxiliary Police Forces in Singapore, the Vigilante Corps and any other force declared by the President by notification in the Gazette, to be a police force; the term "Singapore Armed Forces" means the armed forces of the Republic raised and maintained under the Singapore Armed Forces Act, 1972, as well as any civil defence force and any other force declared by the President, by notification in the Gazette, to be an armed force.

Members will observe that this Bill does not totally prohibit merger or incorporation with any other country. There may be situations where merger may be desirable but, if so, each and every elector must give thought to it and vote on it at a national referendum and only if at least two-thirds of the total number of electors casting their votes say "Yes" can such a merger or relinquishment of our police and armed forces take place.

Lest Article 521 gives the impression to some that Singapore is to live in an isolationist citadel, Article 52K makes it abundantly clear that without derogating from the force and effect of Article 52J nothing in that Article shall be construed as precluding Singapore or any body or organisation in Singapore from participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or country or any body or organisation in that sovereign state or country so long as such scheme, venture or project confers, has the effect of conferring or is intended to confer on Singapore or any body or organisation in Singapore, any economic, financial, industrial, social, cultural, educational or other benefit or is, or appears to be advantageous in any way to Singapore or any body or organisation in Singapore. Nor is Singapore prevented from entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or country where such treaty, agreement, contract or pact provides for mutual or collective security or any other object or purpose beneficial to Singapore.

With regard to Article 52L, I must point out that provisions of the nature contained in the Bill are of no avail if they can be simply repealed by another Act of Parliament. It is, therefore, necessary to entrench this new Part JIB as set out in the Bill and give the provisions therein a degree of permanency in the Statute Books beyond that of ordinary legislation. The manner of entrenchment is by prohibiting any alteration to Part IIB of the Constitution unless the Bill making any amendment (including addition or repeal) has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors. Only then may the Bill be passed by Parliament.

Mr Speaker, Sir, the need for a Bill such as this cannot be denied. Unless we take steps now to preserve all that we have won by our sweat and toil, we may wake up one day to see it all gone.

Sir, I beg to move.

Question proposed.

3.01 p.m.

Mr Teong Eng Siong (Sembawang): (In Mandarin): Mr Speaker, Sir, the introduction of the Constitution (Amendment) (Protection of the Sovereignty of the Republic of Singapore) Bill is in keeping with the policy speech made by the President in this House. It is an important step forward. That the Government is able to introduce this Bill speedily in this House proves that the Government is attaching great importance to it as it involves the protection of our rights and the rights of our future generations to survive. It is also meant to preserve our sovereignty and independence.

Sir, our country is a small island with limited space and a very short history. Our geographical position is at the centre of Southeast Asia and is most strategically situated. Therefore, our position has very often roused the attention and interest of world powers. Because of our great achievements and all round development together with the raising of the living standards of our people in recent years, many elements with ulterior motives and insidious intentions have been trying to resort to various means to destroy our existence and sovereignty. Therefore, this amendment Bill is very necessary.

The introduction of the Bill is mainly for the purpose of providing that if there is any proposal to amend our Constitution affecting our sovereignty, then such proposal should be supported by at least two-thirds of our electorate at a national referendum before it can be passed or effected in this way, the intrigues and ulterior motives of foreign elements and ambitious people may be thwarted.

Sir, in addition to the express provisions in the Constitution, I feel that there is another important measure that we should adopt. We should actively and effectively inculcate in the minds of our people a sense of national consciousness and patriotism. Provided our people have this high sense of national consciousness and patriotism, I believe all the nefarious designs of ambitious elements and people with ulterior motives will fail disastrously.

Sir, I support this amendment Bill.

3.06 p.m.

The Parliamentary Secretary to the Minister for National Development (Mr Ho Cheng Choon): (In Mandarin): Mr Speaker, Sir, it is most appropriate to introduce this amendment Bill at present when we have just begun the First Session of the Third Parliament. The First Parliament had the main tasks and responsibility of consolidating and strengthening our political stability, economic expansion and a defence capability, because from these efforts the independence of our country is ensured and our sovereignty preserved. Basically, it was a struggle for survival. The Second Parliament had the main responsibility of solving the various problems of defence and economy brought about by the withdrawal of the British Armed Forces. In the last few years, not only have we solved all these problems, but we have also managed to achieve a great deal in all fields. Our economic growth rate has been maintained at above 10 per cent. The value of industrial production has been increasing continuously. Urban renewal is progressing very well and the environment of our city is becoming prettier and cleaner day by day. All in all, our efforts in industrialisation and modernisation have been extremely successful.

However, all these prosperous signs have inevitably created jealousy and a feeling of insecurity on the part of some outside ambitious people. They are jealous of and perturbed by our achievements because our rapid rate of development brings out their deficiency and at the same time it reflects their slow rate of growth, which will make their own people disenchanted with them. As a result of this jealousy and feeling of insecurity, some people attempt through various means to manipulate some of our political parties, perhaps with the intention of taking over the sovereignty of our country. They think that with their vast financial resources they can achieve this through their local agents and so manipulate our political power, and then perhaps eventually completely usurp our sovereignty through some changes in the Constitution. This is very dangerous. We must expose and check these attempts.

The purpose of the introduction of this amendment Bill is to put a stop to all these wild dreams. At the same time, opportunity is taken to remedy some of the existing loopholes in our Constitution. According to Article 90 (1) of the Constitution, constitutional amendments may be legislated by Parliament. In Article 41 (1) a simple majority of those present in the House is all that is necessary to pass any legislation. This is a loophole in our present Constitution, because any political party may make use of its majority in Parliament to amend the Constitution according to its wishes. If every political party adopts the way PAP is working, i.e, to examine any proposed legislation in detail and with great care before introducing it, then there will be no danger of the Constitution being desecrated. But all these preventive measures are still necessary. As the President has pointed out in his speech:

`it would be criminal negligence to allow foreign interests with large financial resources to manipulate our internal politics, by financing Singapore political parties, professional, academic and other groups to try to beguile domestic opinion . . . No foreign interests can be allowed to take over Singapore through financing and manipulating political parties through their naive or vain, self-proclaimed leaders.'

This amendment Bill provides that unless a two-thirds majority is obtained at a referendum, no part of our sovereignty may be surrendered or transferred through merger or otherwise with any other country. It also provides that unless a two-thirds majority in a referendum is obtained, any proposed amendment to this Part of the Bill cannot be effected.

Sir, there are many examples in history to show that these provisions are essential. The British constitution is the result of several hundred years of constitutional struggle. Parliament is the highest authority in the country. There, the traditions, customs and practices are held in great respect and are not amended very frequently in Parliament. In the United States of America, it is a, different case. It is a comparatively new country. From the very beginning, the American people even provided for the basic human rights in their constitution. In order to preserve these basic rights, the procedure for the amendment of the American Constitution is very complicated and difficult. Any amendment must be approved by a two-thirds majority in both Congress and the Senate. In addition, three-quarters of the states must approve the amendment. Alternatively, the amendment must be introduced by two-thirds of the states' legislatures and must be approved by two-thirds of both the Upper and Lower Houses in America. In the rest of the world there are similar examples. For instance, in the merger of Egypt and Syria, a referendum was held before it was carried out. Recently in the Scandinavian countries, both Norway and Denmark held a referendum to decide whether to join the European Common Market. In the case of Denmark, because the majority of the people supported the idea, they joined the Common Market. But Norway did not join the Common Market, because most of the people were against the idea. Although participation in the European Common Market is in appearance, only related to economic issues, however, once a country is in the Common Market, certain prerogatives of the country such as those relating to customs, trade, finance, and immigration will be affected by decisions of the Common Market. Therefore, because this question is too important, the countries decided to hold a referendum before going ahead.

In 1958, when General De Gaulle took over power in France, he wanted to abolish the old Constitution, and held a referendum to decide on the issue. In our own case in 1963, before we decided to join Malaysia, although there was no provision in our State Constitution at that time, we nevertheless proceeded to hold a referendum to decide on the form and the conditions of merger.

The other provision in this Constitutional amendment Bill is also very important. It provides that unless a two-thirds majority is obtained in a referendum, the control of the Armed Forces and the Police Force cannot be relinquished. All of us know that the Armed Forces are the protectors of the sovereignty of our country. We therefore cannot allow any foreign forces, through their local agents to take over control; otherwise, the sovereignty of our country will be undermined and the designs of the foreigners will be successful. I believe that the majority of our people possess the correct decision-making capabilities and will be in favour of resorting to a referendum on important issues such as this. These measures providing for a referendum are also in keeping with the principles of democracy. It is also a sign of democracy at work, because it involves the direct participation of the people in the important affairs of state. Through these very strict provisions in our Constitution, the foreign ambitious plotters will have their efforts cut short. It is also a blow to our own internal servile politicians who try to please the foreigners. This amendment Bill will make our Constitution more perfect, thus ensuring the integrity of our independence and sovereignty.

Mr Speaker, Sir, I beg to support the amendment Bill.

3.20 p.m.

Mr L. P. Rodrigo (Serangoon Gardens): Mr Speaker, Sir, speaking on this Bill, I wish to stress a point which may allude to serious appreciation by our people. Simply put, Sir, our country's growth is attributable to the measure of an international confidence in the country which attracted and induced investment. This, in turn, stimulated the economy which generated greater confidence and which attracted more investments and development skills, and so on. This confidence was achieved within the first three years of our independence in 1965. It is a confidence which has been vested in an independent and sovereign Singapore by bankers, industrialists and traders. These are shrewd men of the world who after much thought and calculation make the decision that ours will be a politically stable and viable country. This calculation surely included the appraisal that we are a hard working people, determined to remain independent and sovereign. On that score. Sir, we have managed to secure an international commitment of extensive investments in our country, which has accounted for a rapid all-round development and the general affluence of our society.

Our independence and sovereignty, our right and power to determine our own national destiny through realistic policies of Government have convinced sources in various parts of the world that we are a people who should survive and prosper. However, there are also sources within and without our country which seriously entertain designs to incorporate our country in a foreign sovereign state, to resolve political or economic irksome problems or to achieve a political scenario in the region which fits in with the grand designs of super major and foreign powers.

Sir, as long as the incorporation of Singapore in a foreign sovereign state remains conveniently achievable through a simple legislative act, interested sources will pursue their designs through black operations against the state. Hence, this Constitutional amendment which seeks to preserve our independence and sovereignty is welcome, since it makes the act of losing our independence and sovereignty a less simple one and truly, and much more, a decision of the people.

3.25 p.m.

Dr Ong Leong Boon (Kim Seng): Mr Speaker, Sir, I would like to express my wholehearted support for this amendment.

But I would like to ask the Minister a point of clarification, it is quite well laid here that there shall be no surrender or transfer of sovereignty unless two-thirds of the people are in favour of that move. But Article 52K provides for participation or co-operation in any scheme, venture, project, etc., and entering into any treaty, agreement, or any other arrangement which is beneficial or advantageous to Singapore. I understand that the government can enter into any of these arrangements. The problem then surely must be this: that if you have a government that intends to sell out the interests of the people, they can cloak the sell-out of our sovereignty, surrender or transfer, by any name - call it "co-operation", "treaty", "agreement" or "contract". To my mind, the interpretation of that action, whether or not it amounts to a surrender or a transfer of sovereignty, is most important. If one could interpret whether that action is a surrender or a transfer of sovereignty, then Article 52J applies. Otherwise, the government in selling out the interests of the people could well interpret that their action is beneficial or advantageous to Singapore and could proceed to do so under Article 52K.

I would therefore like to ask the Minister: who does the interpretation of that action as to whether or not that act of entering into some treaty or contract with another power could amount to a sell-out of Singapore's interests and a surrender of sovereignty? And whether that action and its interpretation lie with Parliament at that time, or with the people, or with the Judiciary?

3.27 p.m.

Mr Barker: Sir, unless we have Article it would mean that we could not any joint venture, or enter into any treaty, extradition treaty, or other s with any other country. Surely not the purpose of this Bill.

The purpose of this Bill is to guarantee that at our sovereignty and independence remain with us, and should we want to join up with some other country, as we did with Malaysia before, we should go to the people - hold a referendum and two-thirds of those casting votes must be in favour. Unless we hive this exception in Article 52K, we would be precluded from even joining any other venture. It might be a trade venture. It might be a question of economics, or labour, or something else. Should there be any doubts, of course, it would be for the Courts or the Judiciary to interpret whether the move is a lawful move or ultra vires the Constitution. We have given very careful thought to this particular provision, and therefore have phrased it in the way that it has been finally drafted.

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 withol4t amendment; read a Third time and passed~