CONSTITUTION OF THE REPUBLIC OF SINGAPORE (AMENDMENT) BILL

Order for Second Reading read. 4.19 pm

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

Sir, this Bill seeks to introduce amendments to the Constitution which, together with certain of the other proposed amendments to the Supreme Court of Judicature Act contained in a separate Bill, will enable a permanent single Court of Appeal to be created.

Our Constitution, as currently worded, provides for the appointment of Judges of the Supreme Court. These Judges sit in the High Court, the Court of Appeal and the Court of Criminal Appeal as established by the Supreme Court of Judicature Act. The Court of Appeal hears civil appeals from the High Court while the Court of Criminal Appeal hears criminal appeals from the High Court. Both appellate courts are usually presided over by the Chief Justice who sits with two other Judges, the Judges taking turns to form a panel for each week's hearing. There are no separate Judges of Appeal and the same Judges sit as Judges of first instance in the High Court and as Judges in the two appellate courts subject to the rule that no Judge will sit in an appeal against his own decision.

Members of the House will recall from press reports that the Chief Justice indicated at the opening of the legal year in January 1993 that there is a need to review the existing structure of the Supreme Court. This Bill before the House is one outcome of the review.

Clause 3 of the Bill amends Article 94 of the Constitution so that the creation of the Court of Appeal as part of the Supreme Court is entrenched in the Constitution. The new Court of Appeal will replace the Court of Appeal and the Court of Criminal Appeal established by the Supreme Court of Judicature Act.

Clause 4 of the Bill amends Article 95 of the Constitution regarding the appointment of Judges. A separate tier of appellate Judges to be called Judges of Appeal will be appointed under the amended Article 95. As from the date the amendments take effect, all new Judges, other than the Chief Justice, will be appointed either as Judges of the High Court or Judges of Appeal. As for existing Judges, all Judges of the Supreme Court are appointed under existing Article 95 and holding office at the date the amendments take effect will continue to hold office as Judges of the High Court. The expression "Judge of the Supreme Court" will continue to be used as a convenient generic term to include the Chief Justice, a Judge of Appeal and a Judge of the High Court.

Sir, the creation of this permanent single Court of Appeal with a separate tier of appellate Judges will, in my view, improve and rationalise the administration of justice at the appellate level. The Judges of Appeal will be able to devote their full time to appellate cases and play a greater role in the judicial development of our law. With the creation of the permanent single Court of Appeal, the limited rights of appeal to the Privy Council may in due course be reviewed with a view to its eventual removal.

Finally, the Bill also provides for the appointment of a Judicial Commissioner to hear a specified case only. At present, a Judicial Commissioner must be appointed for a specified period. After the amendments take effect, a Judicial Commissioner may, for instance, be appointed to hear a case for which he may have special expertise. Or he may be appointed to hear a case which is originally fixed before a Judge so that that Judge can complete an ongoing case which would otherwise have to be adjourned as part-heard. In this way, the number of part-heard cases can be reduced, thereby improving the administration of justice in the High Court.

Sir, I beg to move.

Question proposed.

Mr Ho Peng Kee (Sembawang GRC): Sir, I speak in support of the Bill.

Sir, the restructuring of the courts system is timely. It is a natural progression from the other reforms that have been introduced in our legal system.

Our judicial system, since the appointment of the current Chief Justice, has been spruced up. It is now more efficient and effective. These are qualities to add to those which Singapore's judicial system already possesses - competence and integrity. All who feel that they have justified legal claims should have no fear in addressing their grievances in our courts. There is no need for anyone to take things into his own hands - by engaging thugs to pressurise or beat up an opponent or go on a hunger strike. These approaches are out of sync with Singapore's social circumstances.

Sir, I am sure the legal profession welcomes the creation of our very own permanent Court of Appeal. It is yet another building block in the strengthening of our legal system and, as the Minister has pointed out, should lead us closer to the day when we can finally cut ourselves off from the remaining apron strings of the Judicial Committee of the Privy Council.

Such a move is positive also in two other ways. First, within the Supreme Court, newer Judicial Commissioners (JCs) and Judges can look forward to some form of career development. Recognition of the quality of their judgements and contribution to the development of Singapore's very own legal jurisprudence can come in the form of appointment as a Judge of Appeal. Secondly, it will speed up the development of Singapore's very own legal jurisprudence. This has become increasingly critical as the corpus of UK laws assume a stronger European flavour. Social and even business conditions in Singapore increasingly differ from those in the UK. An increasing volume of recent legislation introduced in this House has been adapted not only from the UK but also from Australia and New Zealand. The GST Bill is a good example.

Finally, Sir, the ad-hoc appointments of Judicial Commissioners is also a laudable move. It will enable the best talents from the Bar to contribute directly to dispensing justice and developing Singapore's legal jurisprudence. There are outstanding lawyers who, for one reason or another, may decline appointments to the Bench. Now, their expertise can be tapped. For such ad-hoc appointments, it is imperative that only men and women of outstanding legal expertise and integrity be appointed. The proximity within which Singapore lawyers practise their profession may result in some consternation should men and women of less than proven legal expertise or integrity be appointed.

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 54 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, 68; No, Nil; Abstentions, 3. Ayes Abdullah Tarmugi Ahmad Mattar Beng Kian Lam, Arthur Chay Wai Chuen Chen, Bernard Chen Koon Lap, Kenneth Chen Seow Phun, John Chew Heng Ching Chin Harn Tong Chng Hee Kok Ch'ng Jit Koon Chong, Charles Choo Wee Khiang Goh Chee Wee Goh Chok Tong Goh Choon Kang Harun bin A Ghani Heng Chiang Meng Ho Kah Leong Ho Peng Kee Ho Tat Kin Hu Tsu Tau, Richard Ibrahim bin Othman Jayakumar, S Ker Sin Tze Koo Tsai Kee Lau Ping Sum Lau Teik Soon Lee Boon Yang Lee Hsien Loong Lee Yiok Seng Lee Yock Suan Leong Horn Kee Lew Syn Pau Ayes (cont.) Lim Chun Leng, Michael Lim Hng Kiang Loh Meng See Low Seow Chay Mah Bow Tan Mohamad Maidin B P M Ong Chit Chung Ong Teng Cheong Othman bin Haron Eusofe Peh Chin Hua Shanmugam, K Sidek bin Saniff Sinnakaruppan, R Sung, Peter Tan Cheng Bock Tan Keng Yam, Tony Tan Soo Khoon Tay Eng Soon Teo Chee Hean Teo Chong Tee Umar Abdul Hamid Vasoo, S Wang Kai Yuen Wong, Aline K Wong Kan Seng Wong Kwei Cheong Yao Chih, Matthias Yap Giau Cheng, Eugene Yatiman Yusof Yeo Ning Hong Yeo Toon Chia Yeo, George Yong-Boon Yu-Foo Yee Shoon Zulkifli bin Mohammed No Nil Abstentions Chiam See Tong Ling How Doong Low Thia Khiang

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. Jayakumar].

Bill considered in Committee.

[Mr Speaker in the Chair]

Clauses 1 and 2 ordered to stand part of the Bill.

Clause 3 -

The Chairman: In line 24, "Clause (3)" should read "Clause (4)". This minor drafting error will be corrected.

Clause 3 ordered to stand part of the Bill.

Clauses 4 to 8 inclusive ordered to stand part of the Bill.

Bill 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: A Division will be taken to ascertain that the Third 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 54 Members, pursuant to Article 5(2) of the Constitution. Ring the Division Bells.

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

Division taken: Ayes, 68; No, Nil; Abstentions, 3. Ayes Abdullah Tarmugi Ahmad Mattar Beng Kian Lam, Arthur Chay Wai Chuen Chen, Bernard Chen Koon Lap, Kenneth Chen Seow Phun, John Chew Heng Ching Chin Harn Tong Chng Hee Kok Ch'ng Jit Koon Chong, Charles Choo Wee Khiang Goh Chee Wee Goh Chok Tong Goh Choon Kang Harun bin A Ghani Heng Chiang Meng Ho Kah Leong Ho Peng Kee Ho Tat Kin Hu Tsu Tau, Richard Ibrahim bin Othman Jayakumar, S Ker Sin Tze Koo Tsai Kee Lau Ping Sum Lau Teik Soon Ayes (cont.) Lee Boon Yang Lee Hsien Loong Lee Yiok Seng Lee Yock Suan Leong Horn Kee Lew Syn Pau Lim Chun Leng, Michael Lim Hng Kiang Loh Meng See Low Seow Chay Mah Bow Tan Mohamad Maidin B P M Ong Chit Chung Ong Teng Cheong Othman bin Haron Eusofe Peh Chin Hua Shanmugam, K Sidek bin Saniff Sinnakaruppan, R Sung, Peter Tan Cheng Bock Tan Keng Yam, Tony Tan Soo Khoon Tay Eng Soon Teo Chee Hean Teo Chong Tee Umar Abdul Hamid Vasoo, S Ayes (cont.) Wang Kai Yuen Wong, Aline K Wong Kan Seng Wong Kwei Cheong Yao Chih, Matthias Yap Giau Cheng, Eugene Ayes (cont.) Yatiman Yusof Yeo Ning Hong Yeo Toon Chia Yeo, George Yong-Boon Yu-Foo Yee Shoon Zulkifli bin Mohammed No Nil Abstentions Chiam See Tong Ling How Doong Low Thia Khiang

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.