STATUTES (MISCELLANEOUS AMENDMENTS) BILL

Order for Second Reading read.

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

Sir, this Bill collates a number of minor amendments to several Acts. They are mostly technical amendments but let me highlight the key ones.

Amendment to the Arbitration Act

First, clause 3 amends the Arbitration Act to empower the High Court of Singapore to enforce an arbitral award irrespective of whether the place of arbitration is Singapore or elsewhere. This amendment was recommended by the Legal Services Working Group under the Economic Review Sub-Committee on Service Industries and is modelled after the UK and Hong Kong legislation.

Sir, as part of our drive to make Singapore an international arbitration hub, we want to attract people to conduct their arbitrations in Singapore. For this to happen, it is important that arbitration awards made in Singapore are enforceable in whatever country assets in question are found. This is not a problem for countries that are parties to the New York Convention, where any signatory country's awards can be enforced in any other signatory country. Singapore is a signatory country, as are most other countries.

The problem arises when awards from Singapore are to be enforced in a non-New York Convention country. In such cases, there is no automatic recognition of a Singapore award by that country. However, many of these countries have laws that allow recognition of foreign arbitral awards on a reciprocal basis. Thus, if Singapore is able to recognise awards from these countries, they will likewise recognise awards from Singapore.

Hence, this amendment to make it possible for foreign awards that cannot currently be enforced in Singapore to be enforced here. There will not be an automatic right to enforcement, as the leave of our High Court will be required. Of course, this does not mean that the Court will automatically grant leave to enforce foreign awards in all cases. The award must first be subject to the requirements in section 46(1), namely, that there must be an agreement by the parties to submit the dispute to arbitration and the award must be a decision on the substance of the dispute made by an arbitral tribunal. For example, the Courts have developed rules for the enforcement of foreign judgments and arbitration awards, and similar principles would be considered by a Court in deciding whether to grant leave. Thus, leave to enforce an award may not be granted if the person against whom it is sought to be enforced shows that the arbitral tribunal lacked substantive jurisdiction to make the award, or that the enforcement of the award would be contrary to public policy. Also, if the composition of the arbitral tribunal is not in accordance with the agreement of the parties or the applicable arbitration law, the Court may decline to enforce the award.

Amendment to the Business Registration Act

Next, the Business Registration Act. Section 22 of the Act currently makes it an offence for an undischarged bankrupt to take part in or be concerned in the management of any business required to be registered under that Act without the leave of the High Court or the written permission of the Official Assignee.

Clause 5 amends the Act by extending the existing law to cover persons who are adjudicated bankrupt in another jurisdiction. Such a person will also have to seek the leave of the High Court or permission from the Official Assignee before he can take part in the management of any business required to be registered under the Business Registration Act.

Sir, this amendment was proposed following a case where the Attorney-General's Chambers was unable to prosecute a person as he was adjudicated bankrupt in another jurisdiction. This amendment will bring the Business Registration Act in line with section 148 of the Companies Act.

Amendment to the Prisons Act

Next, clause 12 amends the Prisons Act to address an existing uncertainty. Prisons Department has always given one-third remission for sentences for prisoners serving imprisonment in default of payment of fine, although it is not clear from section 224 of the Criminal Procedure Code that such prisoners are entitled to remission. This amendment will make it clear that the Minister for Home Affairs can make regulations relating to the granting of remission in respect of sentences of imprisonment and imprisonment in default of payment of fine. Amendments to enhance District Court's sentencing power

Next, clause 16, read with the Schedule, amends the Acts listed in the first column of the Schedule to empower the District Courts to impose the full penalty prescribed under these Acts. Such empowering is not new. It is already found in many other Acts.

In the past, there have been cases where the District Courts have found that the merits of the case warranted the maximum punishment provided under the Acts. However, they were unable to mete out the punishment beyond that provided under the Criminal Procedure Code (or CPC). In particular, under the CPC, the District Court can only impose a fine of up to $10,000 while the maximum fines provided in many of the Acts range between $20,000 and $250,000. This amendment will therefore give the District Courts the flexibility to impose the appropriate punishment up to the maximum allowable under the Acts.

Amendment to the Land Acquisition Act

Next, clause 8 amends the Land Acquisition Act to allow the Collector of Land Revenue to waive, in suitable cases, the need for appellants to deposit security for costs.

Sir, such deposits are required whenever appeals are made to the Appeals Board against a compensation award. The deposits will be used to satisfy the costs in the event that the Board makes an order awarding costs against the appellant. Currently, the Act requires a deposit equivalent to one-third the amount of the award or $5,000, whichever is lower. However, there have been cases in the past where the deposits are of such small amounts that it does not make sense to collect them.

This amendment will allow the Collector to waive such deposits in cases where the amount is insignificant and relieve the Appeals Board from the administrative task of maintaining the accounts for such deposits collected. Amendment to the Payment and Settlement Systems (Finality and Netting) Act

Next, clause 11 amends the Payment and Settlement Systems (Finality and Netting) Act to empower the Monetary Authority of Singapore to compound offences under that Act that are prescribed as compoundable offences. This is to move away from prosecuting every breach of the provisions by offering the offenders an opportunity to compound the breaches.

Clause 11 also amends the same Act to confer jurisdiction on District Courts to try any offence under that Act and to impose the full penalty or punishment in respect of the offences.

Miscellaneous amendments

Mr Deputy Speaker, Sir, to wrap up, let me take the House briefly through the remaining key provisions of the Bill which are in the nature of facilitating better administration of the Acts in question.

Amendment to the Interpretation Act

First, clause 2 amends the definition of "prescribed" in the Interpretation Act to facilitate the use of electronic forms in appropriate cases. Regulations often prescribe forms to be used for various processes or applications. The amendment will allow such forms to be made available on websites, rather than be printed in the Regulations themselves. This is in line with the move towards more electronic communications and transactions, as well as increasing e-Government.

Amendment to the Companies Act

Clause 7 amends the Companies Act to require the liquidator of a company that has been wound up to keep the relevant books and papers of the company for a period of 2 years instead of 5 years as is presently the case.

This will relieve the burden on liquidators to maintain the books of the company after dissolution, and will avoid further storage costs upon dissolution. So far, there has been no request to inspect the books of a company after the winding up order has been made.

Amendments to the Mutual Benefit Organisations Act, Societies Act and Trade Unions Act

Clauses 10, 14 and 15 amend the Mutual Benefit Organisations Act, the Societies Act and the Trade Unions Act respectively to substitute all references to the Official Assignee with the Official Receiver.

As the Official Receiver deals with the winding up of companies, he would be the more appropriate authority to deal with the winding up of mutual benefit organisations, societies and trade unions rather than the Official Assignee who deals with bankruptcy of individuals. The amendment will allow the Official Receiver to apply the same powers that he has under the Companies Act in the winding up of a company.

Amendment to the Public Trustee Act

Clause 13 amends the Public Trustee Act to allow the Minister to assign to the Public Trustee functions and duties relating to victims of motor accidents and their claims to compensation. This will enable the Public Trustee to handle duties such as administering the agreement between the Government and the Motor Insurance Bureau relating to the compensation of motor accident victims.

Amendment to the Bankruptcy Act

Clause 4 amends the Bankruptcy Act to clarify that a private trustee does not have the power to issue a certificate of annulment where a composition is accepted by the creditors or where a proved debt and the expenses of the bankruptcy have been fully paid. Such powers should only be exercised by the Official Assignee. A private trustee who feels that an annulment should be made could refer the matter to the Official Assignee for consideration. Amendment to the Civil Service College Act

Clause 6 is a minor technical amendment to the Civil Service College Act to effect a change in terminology from the existing "Board of Governors" to the "Board of Directors".

Amendment to the Moneylenders Act

Finally, Sir, clause 9 amends the Moneylenders Act by deleting the information that is currently required for the proof of a debt due to a moneylender, and providing instead for such information to be prescribed by rules made under the Bankruptcy Act. This is to give more flexibility and clarity to the process of defining requirements for proving a debt.

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.