WOMEN'S CHARTER (AMENDMENT) BILL

Order for Third Reading read. 3.04 p.m.

Mr Speaker: Notice has been given by the Acting Minister for Social Affairs that he desires to delete clause 15 of the Bill and to introduce a new clause in substitution, to propose amendments to clauses 21 and 28 and to introduce a new clause. The Bill accordingly stands recommitted to a Committee of the whole Parliament in respect of clauses 15, 21 and 28 and of the two new clauses.

Does any Member wish to propose any other amendments or new clauses or schedules?

Hon. Members indicated none.

Mr Speaker: Committee stage, what day, Mr Minister?

The Acting Minister for Social Affairs (Dr Ahmad Mattar): Now, Sir.

Bill considered in Committee.

[Mr Speaker in the Chair]

Clause 15 -

Question, "That clause 15 stand part of the Bill", put, and negatived.

Clause 15 accordingly disagreed to.

New Clause - "Repeal 15. Section 22 of the Women's and Charter is repealed and the following sub-re-enact- stituted therefor: - ment of section "Solemn- 22.-(1) Every marri-22. zation of age shall be solemnized at marriages. least in the presence of two credible witnesses. (2) A marriage solem-nized by the Registrar or any person licensed to solemnize marriages may be solemnized according to such form and ceremony as the Registrar or the person solemnizing the marriage sees fit to adopt and in some part of the ceremony he shall re-quest each of the parties to the marriage to de-clare that he or she is willing to take the other party as his or her wedded wife or husband, as the case may be.".". - [Dr Ahmad Mattar].

Brought up, and read the First time.

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

Sir, a new section 15 is to be inserted in the bill to repeal and re-enact section 22 of the Act which deals with the solemnization of a marriage. The new subsection (2) of section 22 provides that a marriage may be solemnized by the Registrar or any person licensed to solemnize marriages according to such form and ceremony as the Registrar or that person sees fit to adopt, and in some part of the ceremony each of the parties will merely have to declare to all those present that he or she is taking the other party as his or her lawful wedded wife or husband as the case may be.

This new subsection will give the Registrar or the person solemnizing a marriage some flexibility as regards the form and ceremony for the solemnization of a marriage.

Sir, I beg to move.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

Clause 21 -

Dr Ahmad Mattar: Sir, I beg to move,

In page 6, line 39, to leave out "applicant" and insert "wife or child".

Sir, the amendment to subsection (4) of section 60 of the Act appearing in clause 21 of the Bill seeks to make it clear that the court shall have regard to the circumstances of the wife or child when making an order under the section for the maintenance of the wife or child. The word "applicant" which now appears in subsection (4) of section 60 may be construed to refer to the guardian or person having custody of the child who is entitled to make an application under that section for an order for the maintenance of the child.

Sir, I beg to move.

Amendment agreed to.

Further amendments made.-

In page 6. line 42, to leave out "applicant" and insert "wife or child". - [Dr Ahmad Mattar].

In page 7, line 2, to leave out "applicant" and insert "wife or child" - [Dr Ahmad Mattar].

In page 7, lines 6 and 7, to leave out "applicant" and insert "wife or child". - [Dr Ahmad Mattar].

Clause 21, as amended, ordered to stand part of the Bill.

Clause 28 -

Dr Ahmad Mattar: Sir, I beg to move,

In page 15, line 22, marginal note: after "be", to insert "sole".

Sir, this amendment is necessary because the Select Committee has deleted the provision in the Bill which permits parties to a marriage to present a joint petition to the court to dissolve their marriage by mutual consent.

Sir, I beg to move.

Amendment agreed to.

Dr Ahmad Mattar: Sir, I beg to move,

In page 28, lines 1 and 2, to leave out "and subject to section 107 of this Act.".

Sir, this is purely an amendment consequential to the amendments made to the Bill in the Select Committee.

Amendment agreed to.

Clause 28, as amended, ordered to stand part of the Bill.

New Clause - "New The Women's Charter is amended by section inserting, immediately after section 167 167A. thereof, the following section:- "Recogni- 167A.-(1) Nothing in tion of this Act shall prevent the marriages solemnization in Singapore contracted of a marriage in any foreign in Embassy, High Commis-Embassies sion or Consulate in Singa-etc., in pore. Singapore. (2) A marriage con-tracted in any foreign Em-bassy, High Commission or Consulate in Singapore shall be recognised as valid for all purposes of the law of Singapore if all the follow-ing requirements are satis-fied:- (a) it was contracted in a form required or per-mitted by the law of the country whose Embassy, High Commission or Con-sulate it is, or in a form permitted under this Act; (b) each of the parties had, at the time of the marriage, capa-city to marry under the law of the coun- try of his or her do-micile or under the law of the intended domicile of the parties after marri-age; and (c) in the case where either of the parties is a citizen of or is do-miciled in Singa-pore, both parties had capacity to marry under this Act.".". - [Dr Ahmad Mattar].

Brought up, and read the First time. 3.15 p.m.

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

The amendments to be made to section 21 of the Act will render void a marriage contracted in Singapore unless: (a) the parties have obtained a marriage licence issued by the Registrar or a special marriage licence issued by the Minister; and (b) the marriage is solemnized by the Registrar or a person who has been granted a licence under the Act to solemnize marriages.

This section is so wide that it will render void those marriages which are contracted in a foreign Embassy, High Commission or Consulate in Singapore. The new section 167A seeks to make it clear that such marriages may continue to be contracted and it makes provision for the recognition of such marriages where all the following requirements are satisfied: (a) the marriage was contracted in the form required or permitted by the law of the country whose Embassy, High Commission, or Consulate it is, or in the form permitted under the Act; (b) each of the parties had at the time of the marriage the capacity to marry under the law of the country of his or her domicile or under the law of the intended domicile of the parties after marriage: and (c) in the case where either of the parties is a citizen of or is domiciled in Singapore, both parties had the capa-city to marry under the Act.

In the past, marriages had been contracted in foreign Embassies in Singapore and we do not wish to forbid such marriages. Our law will make it clear to all concerned that such marriages will be recognised as valid in Singapore when the aforesaid requirements are satisfied.

Sir, I beg to move.

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 36.

Amendments will also be made to re-number clauses 37 and 38 as clauses 38 and 39 respectively, consequent on the addition of the new clause.

Bill reported with amendments.

Third Reading

Mr Speaker: Third Reading, what day?

Dr Ahmad Mattar: Now, Sir. Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time."

The Select Committee on this Bill received 18 written representations. I wish to express my appreciation to those persons who had given their views to the Select Committee. The Committee decided to make a number of amendments to the Bill after studying the re-presentations.

Clause 2 of the Bill amends section 3 of the Act to make the Act apply to all persons in Singapore and also to all persons domiciled in Singapore irrespective of whether they are in or outside Singapore. The amendment has been introduced so that couples who do not have the capacity to contract a valid marriage in Singapore cannot circumvent the law by visiting another country for the sole purpose of getting married, Such a marriage will in future be void if one of the parties to the marriage does not have the capacity to marry according to the Singapore law.

Clause 10(c) seeks to amend the first proviso of paragraph (b)(i) of section 16 of the Act to give persons under 21 years of age who have been married and are divorced or have had their marriages declared null and void, the capacity to re-marry. Under the existing law, a person who is under 21 years of age can re- marry if he or she is a widower or widow but is not permitted to re- marry if he or she is divorced or has had his or her marriage declared null and void. The amendment is to remove this inconsistency.

Clause 19 seeks to add a new subsection (3) to section 46 of the Act to give a Conciliation Officer the power to require a party to a marriage to attend before him to settle the differences between the parties to the marriage and such person shall be legally bound to attend and answer questions truthfully. Conciliation Officers at present do not have such power. This new provision will enable Conciliation Officers to play a more effective role in settling differences between husband and wife.

The proposed amendments to section 60 of the Act were criticised by a number of persons who submitted representations. Section 60 empowers the court to make orders for the maintenance of a wife and her children. Two new defences were introduced by the Bill to enable a husband to defeat an application by his wife for maintenance, namely, that the wife had committed adultery or that she had deserted him. It was pointed out that section 60 as amended by the Bill would be anomalous since the Bill sought to abolish the "fault" principle which is the basis of our existing divorce law. It was suggested that a wife should be entitled to apply for maintenance from her husband if her husband neglects or refuses to provide her with a reasonable maintenance. The Select Committee accepted this view and consequently amended the provision of the Bill to enact a new section 60 to provide that a court may grant maintenance to the wife if the husband had neglected or refused to maintain her. This principle is similar to that laid down in sections 101 and 102 in the new Part IX of the Act regarding the grant of maintenance to a former wife or for a wife when divorce proceedings are pending.

New provisions which are similar to those of the UK Domestic Proceedings and Magistrate's Courts Act, 1978, which gives very wide powers to the Courts for the protection of wives and children from molestation and violence, have also been included in the Bill.

Representations were made that sections 80 and 127 of the Women's Charter should be amended along the lines of the UK Domicile and Matrimonial Proceedings Act, 1973. In Singapore, we do have cases of Singapore women marrying foreigners. Under the existing law, a woman acquires the domicile of her husband on marriage even though both parties may live here after their marriage. A woman will be unable to seek a divorce under the new Part IX of the Act even if her husband leaves her for good and returns to his country of domicile. The UK Domicile and Matrimonial Proceedings Act, 1973, abolished the wife's dependent domicile and at the same time gave the court jurisdiction to entertain proceedings for divorce, judicial separation or nullity of marriage if either of the parties to the marriage was domiciled in England on the date when the proceedings were begun or was habitually resident in England throughout the period of one year ending with that date.

In 1961 when the Women's Charter was enacted, married women were given equal rights. We should now consider giving a married woman the capacity to acquire her own domicile.

This recommendation has been accepted and clause 28 of the Bill amends section 80 to give a married woman the capacity to acquire her own domicile just like any person of full capacity and to give our Courts the jurisdiction to entertain matrimonial proceedings if either of the parties to the marriage is domiciled in Singapore or is habitually resident in Singapore for a period of three years immediately preceding the commencement of the proceedings.

Section 82, which appeared in the Bill, permitted a couple to dissolve their marriage by mutual consent without any pre-conditions being fulfilled. This was at odds with the principles laid down in section 83(3)(d) which provides for one party to petition for a divorce when the couple have lived apart for three years immediately preceding the presentation of the petition and the respondent consents to the divorce. For this reason, section 82 has now been deleted. Furthermore, the Select Committee felt that our divorce law should not make it easy for a couple to terminate their marriage without first making an effort to overcome their difficulties.

Suggestions were also made that the Court should be given more powers in enforcing maintenance orders and the power to order maintenance to be paid in one lump sum. These suggestions have been accepted and amendments have been made to sections 102 and 103(1) to that effect.

The Select Committee has also raised the age limit from 18 years to 21 years for a child's entitlement to maintenance from his parents. This will take into account the fact that many male students have to serve national service first before they can go for their tertiary education.

I would like to mention here that the amendments have not affected the interests of Muslims in any way. Section 3(3) of the Women's Charter provides that where both parties to a marriage are Muslims, the marriage cannot be solemnized or registered under the Charter. In other words, the marriage cannot be solemnized or registered in the Civil Registry. It does not matter if either of the parties is a convert. The marriage can only be solemnized or registered at the Registry of Muslim Marriages or by a kadi or naib kadi appointed by the President of Singapore under the Administration of Muslim Law Act (Cap. 42).

Mr Speaker, Sir, all the changes recommended by the Select Committee are necessary and desirable. The Select Committee had taken a great deal of time to consider the written representations so as to provide a law which, whilst making divorce easier for those couples whose marriages have irretrievably broken down, will help save those marriages which can be saved. The amendments to the Act also give wider powers to the Courts to grant maintenance for the wife and children so that there will be less hardship on the dependants of recalcitrant husbands.

Mr Speaker, Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Third time and passed.