SUBORDINATE COURTS (AMENDMENT) BILL

Order for Second Reading read.

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

Sir, the main amendment in this Bill relates to contempt of court. The provisions in the Subordinate Courts Act concerning contempt of court are unsatisfactory because contempt of court includes contempt in the face of the court and contempt not in its face. Contempt in the face of the court essentially relates to activities within the court where the court has personal knowledge of the circumstances giving rise to the contempt. Examples would be interrupting court proceedings or refusing to answer questions before a court without lawful excuse. Contempt of court not in its face is wider in that it renders activities both in and outside of the court punishable. This is regardless of whether it is within the court's personal knowledge. Examples would be scandalising the court or refusing to comply with a court order. Under the amendments, the Subordinate Courts presently have the power to punish a person for contempt of court only where contempt is committed in the face of the court. Under the present provisions, the Subordinate Courts are unable to deal with matters which give rise to contempt not in its face. This is clearly inadequate. This lacuna will be remedied by an amendment which seeks to amend section 8 of the Subordinate Courts Act. In other words, Sir, with the amendments proposed, the Courts will be able to punish for contempt both in the face as well as not in the face of the court.

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. - [Prof. S. Jayakumar].

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