CONSTITUTION OF THE REPUBLIC OF SINGAPORE (AMENDMENT) BILL

Order for Second Reading read. 12.00 pm

The Second Minister for Law (Prof. S. Jayakumar): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, this is a very short Bill which makes a consequential and, if I may say so, a technical amendment to the Constitution to avoid any doubts as to the validity of the powers under the Intoxicating Substances Bill 1987 when that Bill becomes law. Members will recall, Sir, that the Bill before the House deals with the very serious problem of inhalant abuse by providing for the necessary powers of requiring repeater inhalant abusers to undergo treatment and rehabilitation in approved centres, subject of course to certain safeguards. The provisions conferring enabling powers in that Intoxicating Substances Bill are similar to those found in the Misuse of Drugs Act.

At present, under Article 9(6)(b) of the Constitution the power to arrest and detain drug abusers under the Misuse of Drugs Act cannot be questioned although the drug abusers are not produced before a Magistrate within 48 hours of arrest and are not detained pursuant to the authority of a Magistrate, as would normally be required under Article 9(4) for most criminal prosecutions. It is essential that the same powers of arrest and detention of inhalant abusers for treatment and rehabilitation should be provided for in the Intoxicating Substances Bill. Otherwise not only can we not deal as effectively with them as we have done with drug abusers, but equally important, if not more important, we do not want inhalant abusers, who are mostly young persons, to have the stigma of a court conviction. Hence the need for this consequential amendment to the Constitution.

Sir, I beg to move.

Question proposed.

Dr Arthur Beng Kian Lam (Fengshan): Mr Speaker, Sir, I rise in support of the Amendment Bill.

Sir, I will be very brief as I hope to have your permission to speak later again on this important subject of intoxicating substances.

Sir, the use of intoxicating substances, or more commonly known as inhalant abuse, or glue-sniffing, is on the rise. These inhalants, I will emphasize, are potentially no less lethal or dangerous than hard drugs. The problem is compounded in that many of these persons are young persons. It is therefore proper that they be detained and treated as sick persons rather than as criminals. They should be given the benefit of proper treatment and rehabilitation.

With today's Amendment Bill, the amendment will make this possible.

Dr S. Vasoo (Bo Wen): Sir, I rise in support of this Bill because the Bill does not discriminate against inhalant abusers. I am concerned, in anticipation, that a large number of young persons will be apprehended for treatment, whether criminal records will be entered against them.

My other concern is about the definition of Intoxicating Substances in this Bill. Would it be fairly exclusive to ensure that those who take beer, brandy and others would not be included?

Prof. Jayakumar: Mr Speaker, Sir, I thank the Members for their comments.

With regard to the points raised by the Member for Bo Wen, the answer to his first question is no. It is precisely to avoid them having the record of a court conviction that this amendment and the approach in the Intoxicating Substances Bill has been taken. Secondly, although it is really related to the other Bill that is coming up, if he will note, there is a very narrow definition of the term "intoxicating substances" in that Bill, which I think will meet his concern.

Mr Speaker: The Question is, "That the Bill be now read a Second time."

A Division will be taken to ascertain that the Second Reading of the Bill is supported by the votes of not less than two-thirds of the total number of Members of Parliament, which is 53 Members, pursuant to Article 5(2) of the Constitution. Ring the Division Bells.

Question put, "That the Bill be now read a Second time."

Division taken: Ayes, 61; Noes, 1; Abstentions, Nil. Ayes Ayes (cont.) Abbas Abu Amin Rajaratnam, S. Abdullah Tarmugi Sia Khoon Seong Ahmad Mattar Sidek bin Saniff Ang Kok Peng Tan Cheng Bock Barker, E.W. Tan, Augustine H.H. Beng Kian Lam, Arthur Tan Keng Yam, Tony Chai Chong Yii Tan Soo Khoon Chandra Das, S. Tan Tee Yong, Philip Bernard Chen Tang Guan Seng Cheong Yuen Chee, Eric Tang See Chim Chew Heng Ching Tay Eng Soon Chin Harn Tong Teo Chong Tee Chng Hee Kok Vasoo, S. Ch'ng Jit Koon Wan Hussin bin Haji Zoohri Chua Sian Chin Wan Soon Bee Dhanabalan, S. Wong, Aline K. Goh Chok Tong Wong Kan Seng Ho Kah Leong Wong Kwei Cheong Ho Tat Kin Yap Giau Cheng, Eugene Hu Tsu Tau, Richard Yeo Cheow Tong Ibrahim Othman Yeo Choo Kok Jayakumar, S. Yeo Ning Hong Jek Yeun Thong Yeo Toon Chia Koh Lam Son Yeoh Ghim Seng Lai Tha Chai Yu-Foo Yee Shoon Lau Ping Sum Zulkifli bin Mohammed Lau Teik Soon Lee Boon Yang No Lee Hsien Loong Leong Horn Kee Chiam See Tong Lim Boon Heng Lim Chee Onn Abstention Ng Kah Ting Othman bin Haron Eusofe Nil Phua Bah Lee

Mr Speaker: The Second Reading of the Bill has been carried by the votes of not less than two-thirds of the total number of Members of Parliament.

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. - [Prof. S. Jayakumar.]

Bill considered in Committee; reported without amendment.

Third Reading

Mr Speaker: Third Reading, what day?

Prof. Jayakumar: Now, Sir. I beg to move, "That the Bill be now read a Third time."

Mr Speaker: The procedure at the Second Reading will again be adopted here. Ring the Division bells.

Division taken: Ayes, 61, Noes, 1; Abstentions, Nil. Ayes Ayes (cont.) Abbas Abu Amin Rajaratnam, S. Abdullah Tarmugi Sia Khoon Seong Ahmad Mattar Sidek bin Saniff Ang Kok Peng Tan Cheng Bock Barker, E.W. Tan, Augustine H.H. Beng Kian Lam, Arthur Tan Keng Yam, Tony Chai Chong Yii Tan Soo Khoon Chandra Das, S. Tan Tee Yong, Philip Bernard Chen Tang Guan Seng Cheong Yuen Chee, Eric Tang See Chim Chew Heng Ching Tay Eng Soon Chin Harn Tong Teo Chong Tee Chng Hee Kok Vasoo, S. Ch'ng Jit Koon Wan Hussin bin Haji Zoohri Chua Sian Chin Wan Soon Bee Dhanabalan, S. Wong, Aline K. Goh Chok Tong Wong Kan Seng Ho Kah Leong Wong Kwei Cheong Ho Tat Kin Yap Giau Cheng, Eugene Hu Tsu Tau, Richard Yeo Cheow Tong Ibrahim Othman Yeo Choo Kok Jayakumar, S. Yeo Ning Hong Jek Yeun Thong Yeo Toon Chia Koh Lam Son Yeoh Ghim Seng Lai Tha Chai Yu-Foo Yee Shoon Lau Ping Sum Zulkifli bin Mohammed Lau Teik Soon Lee Boon Yang No Lee Hsien Loong Leong Horn Kee Chiam See Tong Lim Boon Heng Lim Chee Onn Abstention Ng Kah Ting Othman bin Haron Eusofe Nil Phua Bah Lee

Mr Speaker: The Third Reading of the Bill has been carried by the votes of not less than two-thirds of the total number of Members of Parliament.

Bill accordingly read a Third time and passed.

[Mr Deputy Speaker in the Chair]

12.20 pm