OATHS AND DECLARATIONS BILL

Order for Second Reading read.

The Minister of State 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 current law on oaths and declarations can be found in three Acts: the Oaths Act, the Oaths of Office and Allegiance Act, and the Statutory Declarations Act. All three Acts were enacted in the late 1800s. Last year, a Committee established by the Attorney-General reviewed the law on oaths and declarations and recommended that it was timely to amend and consolidate the three Acts into one comprehensive Act.

The Oaths and Declarations Bill gives effect to the Committee's recommendations and will repeal and consolidate the provisions of the three Acts into one Act. In drafting the Bill, we have also taken the opportunity to eliminate obsolete provisions from the three existing Acts and modernise the language used.

The Bill will also sever links with the UK Statutory Declarations Act of 1835 brought in by virtue of the Statutory Declarations Act which simply states that the United Kingdom's Statutory Declarations Act is part of Singapore law. The Bill will enable us to have our own legislation on statutory declarations.

Sir, let me now highlight some salient features of the Bill.

Part II (Oaths)

With the exception of four provisions, Part II of the Bill re-enacts the provisions of the existing Oaths Act in modern language and drafting style.

The first two provisions concern the power of courts to allow oaths and affirmations in customary forms other than those provided in the Act. These provisions are largely historical and were intended to cater to our largely migrant society in the past, where different communities carried with them different customs on how oaths were to be made. They are no longer relevant.

The third provision which has not been re-enacted concerns the summary power of the High Court and Court of Appeal to summarily punish a witness who has committed perjury before it for contempt of court without the need for a separate trial. This provision is unnecessary as specific powers of punishment for contempt in the face of the court are already found in the Supreme Court of Judicature Act and the Subordinate Courts Act.

Sir, the fourth provision which has not been re-enacted is the one which says that the Oaths Act does not apply to proceedings before courts martial. There is no reason why the provisions of the Oaths Act re-enacted in Part II of the Bill, except for clause 7 which deals with form of oath and affirmation, should not apply to courts martial.

Part III (Statutory Declarations)

Sir, the provisions of Part III of the Bill on statutory declarations are drawn mainly from similar laws found in Australia, New Zealand and Hong Kong. The provisions prescribe the form and manner in which statutory declarations may be made in Singapore, and the manner in which they may be made outside Singapore.

The making, use or attempted use, of a false statutory declaration is an offence under clause 14, punishable with imprisonment of up to three years and a fine. If the false statutory declaration is made for use, is used or is attempted to be used, in any stage of a judicial proceeding, the maximum imprisonment term is increased to seven years. A false statutory declaration made outside Singapore which is used or intended to be used in Singapore is also punishable under clause 14.

Sir, a consequential amendment is made by clause 20 to the Criminal Procedure Code to include the offence in clause 14 among the offences for which the sanction of the Public Prosecutor is required before a prosecution can be made. This brings the clause 14 offence in line with other perjury-related offences.

Part IV (Oaths of Office and Allegiance)

Sir, Part IV essentially re-enacts the provisions of the Oaths of Office and Allegiance Act in modern language and drafting style.

Sir, this Bill is another example of law reform efforts undertaken by the Government to modernise and simplify our laws, to make it more accessible to the people.

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.