SINGAPORE ACADEMY OF LAW (AMENDMENT) BILL

Order for Second Reading read.

The Parliamentary Secretary to the Minister for Law (Assoc. Prof. Ho Peng Kee): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, the Singapore Academy of Law (Amendment) Bill 1995 seeks to amend the Singapore Academy of Law Act (Cap. 294A) (`the Act') for the first time since the Act was enacted in 1988. Under the leadership of the Chief Justice who is the President of the Academy's Senate, the Academy, over the past six years, has made significant contributions in the fields of continuing legal education, law reform and legal publications. Its many activities and dining facilities have fostered a collegiate atmosphere amongst members of the Judiciary, Bar, Academia and Legal Service.

Sir, many renowned speakers have spoken at the Academy's Continuing Education series. The Lord Chief Justice of England launched the Annual Lecture Series last year by delivering the inaugural lecture. Several recommendations of the Academy's Law Reform Committee have become legislation. These include the Carriage of Goods by Sea (Amendment) Act 1995, the International Arbitration Act 1994 and the Sale of Goods (United Nations Convention) Act 1995.

Sir, the Singapore Law Reports, published with the authority of the Academy since 1992, has established its place both locally and overseas as the source of Singapore reported decisions. The Singapore Academy of Law Journal is a reputable legal journal published twice a year. The Academy Digest, which provides a fortnightly summary of all written Singapore High Court judgements, has become a reference source for some 250 law firms since its introduction in March this year.

Sir, with the foundations solidly established, the Academy now proposes to take on a bigger role. This Bill will provide the framework for such a role. To do this effectively, the governing body, the Senate, will be restructured. Also, more categories of persons will become Fellows of the Academy. In addition, other provisions of the Act will be fine-tuned in the light of developments in the administration of justice and experience gained in the running of the Academy.

Sir, let me now take the House through the main components of the Bill.

Firstly, the Senate will be streamlined and strengthened. Under the Act, the Senate is the governing body of the Academy and may perform all the functions and exercise all such powers of the Academy as it thinks fit. Currently, persons who have, since 1980, held the office of Attorney-General, Judge of the Supreme Court, Judicial Commissioner or Dean of the Law Faculty for not less than two years are automatically members of the Senate. The Bill proposes that only current office-holders become ex-officio members of the Senate. It is unfair to burden retired office-holders, who have ceased to be actively involved in the administration of the law, as ex-officio members. Instead, a retired office-holder who is able and willing to contribute can be appointed as one of the nine appointed members of the Senate, which will now be for one year instead of the current two.

Sir, this proposal (given effect to by clause 4 re-enacting section 5 of the Act) will prevent the Senate from becoming too unwieldy. The Senate presently has 41 members. But for this amendment, it will grow even bigger as more office-holders retire. With its enhanced role, it is necessary also to add two ex-officio members to the Senate. They are the Solicitor-General as the Second Law Officer and the Chairman of the Board of Legal Education as the authority in charge of post-graduate legal qualifications for admission to the bar.

Secondly, Sir, more categories of persons will become Fellows. Any person who has since January 1980 been a Judge of the Supreme Court, a Judicial Commissioner or a Law Officer for at least two years will become a Fellow of the Academy. This will serve as a mark of distinction in recognition of their services to the legal profession. A Vice-President of the Academy will also be a Fellow. Clause 9 will re-enact section 12 of the Act for this purpose.

Thirdly, the Academy will play a larger role. Clause 3 amends section 4 of the Act to expand the functions and powers of the Academy to give it a larger role in propelling the legal sector and administration of justice into the 21st Century. Sir, let me give the House some examples of this larger role.

First, promoting the standing of the legal profession. Sir, as we regionalise, the Academy will play its part in promoting the reputation of our legal profession in the region and elsewhere. Also, recognising the contribution of the Law Reform Committee and promoting law reform, the functions of the Academy will be amended to expressly include the promotion of the reform and development of the law.

Second, LawNet Secretariat and the Technology Court. The Chief Justice and Attorney-General have proposed that the Academy take over the functions and operations of the LawNet Secretariat in 1996. The LawNet Council agrees to this proposal. The Academy will assume a more active role in promoting and facilitating the use of information technology in the legal sector. By levying a reasonable charge for its LawNet services, the operation of the Secretariat will be self-financing. The Academy has plans to provide consultancy, bureau and training services on legal technology. An example is the proposed electronic filing system for court documents. These services will be provided not just to lawyers but also to para-legals and administrators in law firms. In order to achieve these objectives, the Bill gives the Academy the power to form companies and participate in arrangements, agreements and joint ventures.

Third, Practice Law Course and scholarship funds. In the field of legal education, the Bill provides the legal framework for the Academy to conduct training, education and examinations in subjects of law, and, if necessary, take over the running of the Practice Law Course from the Board of Legal Education in the future. This will allow better use of its resources as the Academy has an on-going continuing education programme. As a corollary, the Bill will empower the Academy to receive, manage and administer scholarship funds.

Sir, one other amendment I should mention relates to the appointment of Notaries Public and Commissioners for Oaths. To further improve the system of these appointments, the Chief Justice and the Attorney-General have proposed that the appointing authorities be changed from the AG (in the case of Notaries Public) and CJ (in the case of Commissioners for Oaths) to the Senate of the Academy. It is also proposed that an annual fee be payable to the Academy for processing the first appointment and thereafter annual applications for renewal. As the appointing authority, it follows that the Senate will also have to authenticate the signatures of notaries public on documents for use overseas. This is a function currently performed by the AG. Clauses 11 and 12 of the Bill will make consequential amendments to the Supreme Court of Judicature Act (Cap. 322) and the Notaries Public Act (Cap. 208) to give effect to this proposal.

Sir, this Bill has been circulated to members of the Senate, comprising representatives of the various branches of the profession. The Senate has endorsed the changes. After this Bill becomes law, I understand that the Academy will be amending its rules for new committees to be formed to implement its enhanced functions. The Bill allows non-lawyers such as computer professionals who can contribute to the Academy's work to sit on these committees.

Sir, I beg to move.

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. - [Assoc. Prof. Ho Peng Kee].

Bill considered in Committee; reported without amendment; read a Third time and passed.