REGISTRATION OF MARRIAGES BETWEEN SINGAPORE CITIZENS AND NON-CITIZENS

Mr J.B. Jeyaretnam asked the Acting Minister for Social Affairs under what provision of the law the Registrar of Marriages and the Syariah Court have refused to solemnize and register the marriages of Singapore citizens with intending spouses who are not citizens.

The Acting Minister for Social Affairs (Dr Ahmad Mattar): Mr Speaker, Sir, before I reply to the Member for Anson's question, I need to explain a couple of things to him first because, reading the Question as it stands on the Order Paper for today's sitting, I can see that the Member for Anson has got the courts mixed up.

The Syariah Court does not solemnize and register marriages. The Syariah Court is the place where Muslim couples go when they want a divorce or whenever they cannot settle their marital disputes out of court. In other words, Sir, the Syariah Court deals with married people, not those about to get married. The Department which deals with Muslim marriages is called the Registry of Muslim Marriages.

Having sorted out the confusion, Sir, here now is my reply to the Member's question.

Neither the Registrar of Marriages nor the Registrar of Muslim Marriages has refused to solemnize and register the marriage of a Singapore citizen to a non-citizen when both parties have satisfied the requirements under the Women's Charter or the Administration of Muslim Law Act, as the case may be.

This is the correct legal position because neither Registrar has the power to refuse to solemnize and register a marriage between a Singapore citizen and a non-citizen when both parties have got all the legal requirements. As a lawyer, the Member for Anson should know this.

What actually happens is this. Whenever a Singapore citizen and a non-citizen approach the Registrar to file a Notice of Marriage, the Registrar would advise the non-citizen to apply for the permission of the Commissioner for Employment first, if the non-citizen is, or at any time was, a Work Permit holder or had unsuccessfully applied for a Work Permit. Non-citizens usually take the advice of the Registrar but if a non-citizen rejects the advice there is nothing that the Registrar can do and he, the Registrar, will have to accept the notice and, in due course, solemnize and register the marriage.

Similarly, Sir, if a non-citizen, after having accepted the advice of the Registrar, fails to get the permission of the Commissioner for Employment but insists on going through the marriage regardless, the Registrar will be obliged to solemnize and register the marriage. But, of course, such couples will be answerable to the Immigration Department and the Work Permit Office of the Labour Ministry.

For the information of the Member for Anson, Sir, hitherto there have been only one such case at the Registry of Marriages and three at the Registry of Muslim Marriages.

Mr J.B. Jeyaretnam (Anson): Sir, I am grateful to the Minister for pointing out that it is the Registry of Muslim Marriages. Would the Minister say whether the Registrar of Marriages explain to those who apply to him to marry in Singapore that even if they do not get the permission from the Commissioner for Employment he will nevertheless register their marriages in Singapore if they so wish? If the Minister wants, I can give him particulars of persons who have been refused registration of their marriages in Singapore.

Dr Ahmad Mattar: Point of order, Sir. Would the Member for Anson declare whether he has any pecuniary interest in this case?

Mr Speaker: It does you no harm to declare, Mr Jeyaretnam.

Mr Jeyaretnam: Mr Speaker, Sir, if you ask me to, yes.

Mr Speaker: Would you do that?

Mr Jeyaretnam: I have not got a case in court for these persons. These persons have seen me as their MP, Mr Speaker, Sir. I have mentioned one of these persons when I spoke on Friday. This man was refused any registration of his marriage and even after he had married the woman of his choice in Johore Bahru, he was told again and again, "Please apply for re-registration of your marriage in Singapore." And this was turned down again and again.

Dr Ahmad Mattar: Mr Speaker, Sir, I have here with me a copy of the letter the Member for Anson wrote to the Permanent Secretary, Ministry of Home Affairs, dated 7th December, 1981. This letter was signed by him in his capacity then as "MP-elect for Anson." In this letter, Sir, three questions have been asked: (1) pertaining to the Commissioner for Employment; (2) to the Immigration Department; and (3) which is of interest to me, pertains to the Registrar of Marriages. I shall read to you, Sir, the paragraph concerned:

'By what authority does the Registrar of Marriages in Singapore refuse to register a marriage of a Singapore citizen to a non-citizen if they wish to get married in Singapore?'

This is exactly the question the Member for Anson is asking me to answer today, except, perhaps, slightly differently worded.

The Member went on further, and this is the most interesting part:

'I have asked this question from the Commissioner of Employment both in letter to him from my firm of J.B. Jeyaretnam & Co., acting as Solicitors for a client and also over the telephone when I spoke to him. To this day I have not received any reply except a telephone call to my office to say that it was a legal question and that my firm will get an official reply.'

This letter was carbon-copied to the Permanent Secretary of the Ministry of Labour and also the client so named in the letter.

Mr Jeyaretnam: Would the Minister please answer my question, Sir?

Dr Ahmad Mattar: You have not answered mine. Would you like to declare your pecuniary interest, if any, in this case?

Mr Speaker: Do that, Mr Jeyaretnam. Would you declare your interest in this case?

Mr Jeyaretnam: Mr Speaker, Sir, I have since becoming an MP received several cases of this nature where persons have been refused registration of their marriages, and one particular case that I have in mind is this man of whom I spoke. I have no pecuniary interest whatsoever in these cases.

Mr Speaker: So you have declared.

Dr Ahmad Mattar: I have just read the paragraph where he has written:

'I have asked this question from the Commissioner of Employment both in letter to him from my firm of J.B. Jeyaretnam & Co., acting as Solicitors for a client

. . .. etc., etc.

Maybe I would present this copy to you, Mr Speaker. [Copy of letter handed in to Mr Speaker.]

Mr Speaker: Would you like to see it, Mr Jeyaretnam? [Document handed to Mr Jeyaretnam].

Mr Jeyaretnam: I think I am aware of that letter. That letter was written sometime -

Dr Ahmad Mattar: 7th December, 1981.

Mr Jeyaretnam: This letter is the 7th December, not the previous letter. But I have no pecuniary interest in this question.

Mr Speaker: In the case that the Minister is referring to?

Mr Jeyaretnam: Yes. Would the Minister please answer the question?

Dr Ahmad Mattar: I think the Member for Anson was not listening when I explained to him. Whenever a Singapore citizen and a non-citizen approach the Registrar to file a Notice of Marriage, the non-citizen would be advised first to apply for the permission of the Commissioner for Employment. But if he rejects the advice and insists on going through with the marriage, the marriage will be solemnized and registered. But such couples will, of course, be answerable to the Immigration Department and the Work Permit Office of the Labour Ministry.

Mr Speaker: It is the end of Question time.