STATUTES (MISCELLANEOUS AMENDMENTS AND REPEAL) BILL

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STATUTES (MISCELLANEOUS AMENDMENTS AND REPEAL) BILL: Order for Second Reading read.

The Senior 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, as its title implies, this Bill collates a number of amendments, mainly technical in nature, to several Acts. Let me highlight the key ones.

Amendments due to implementation of Digital Transcription System (clauses 2, 3 and 11)

First, we have some amendments to remove statutory requirements for evidence and proceedings to be recorded in writing. This will pave the way for the digital audio recording of evidence, which has several advantages. One key advantage is that the trial judge will need no longer record the evidence in longhand. This will free him up to concentrate on the evidence as given by the witness, and allows him to make his own brief notes at key points of the case. Trials can then move at a swifter pace, possibly resulting in savings in time and costs to the parties and witnesses. Secondly, if there is a dispute as to what the witness had said previously, the digital audio recording can be played back immediately to verify what the witness had said.

To effect this innovation, clause 11 amends the Supreme Court of Judicature Act to delete reference to a shorthand transcript as "shorthand" will no longer be used in court. With the proposed

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implementation of a Digital Transcription System later this year, all open court proceedings in the Supreme Court will be digitally recorded.

In a similar vein, clauses 2 and 3 amend the provisions in the Bankruptcy Act and the Companies Act which require the court to reduce evidence to writing to reflect a manner of recording evidence which is technologically neutral to facilitate the use of new technologies. This will accommodate the Digital Transcription System. Currently, both statutes require the court to reduce the evidence to writing, read it over to the person examined, and require that person to sign the evidence.

Amendments due to operation of Limited Liability Partnerships Act 2005 (clauses 6 and 10)

Sir, the next set of amendments is necessitated by the advent of a new corporate vehicle, the limited liability partnership (LLP), introduced by the Limited Liability Partnerships Act earlier this year. LLPs are corporate entities that can

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acquire and hold property. Under the Limited Liability Partnerships Act, an existing company can convert into a LLP. Upon conversion, all movable and immovable properties vested in the company will automatically be transferred to and vest in the LLP.

The LLP was not in existence when the Housing Developers (Control and Licensing) Act and the Residential Property Act were enacted. As such, there are no references to LLPs in both Acts, whilst companies operate as housing developers under the Housing Developers Act and hold residential properties under the Residential Property Act. Therefore, consequential amendments are necessary to allow LLPs to acquire and hold residential property in Singapore under the Residential Property Act and to be housing developers under the Housing Developers Act. These amendments introduce provisions that mirror existing ones that apply to companies.

Sir, these amendments do not, in substance, impact the existing framework of these two Acts. For example, under the Residential Property Act, where a company converts to a LLP, any approvals previously granted under the Residential Property Act to the company to hold and acquire residential property will continue to be valid as if it were granted to the new LLP. These amendments make clear that there is no need for a fresh application, and help companies that wish to convert to LLPs.

Repeal of the Government Hospitals Act (clause 4)

Sir, the Government Hospitals Act was introduced in 1960 to empower the Minister to prescribe fees and make disbursements in respect of Government hospitals. With the restructuring of the last two Government hospitals in 2000, the Act is obsolete and is no longer relevant. Clause 4, therefore, repeals the Government Hospitals Act.

Amendments to the Police Force Act 2004 (clause 9)

Sir, clause 9 amends the Police Force Act 2004 to allow Internal Security Department (ISD) officers who are performing investigation duties, to be designated by the Minister as Intelligence Officers.

Clause 9 also amends the same Act to allow Intelligence Officers to exercise the full powers of police officers. Currently, ISD officers who do investigation work are conferred only police

powers of

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investigation under the Criminal Procedure Code, the Internal Security Act and seven other statutes which are prescribed by the Minister and gazetted. This arrangement arose as a result of the conversion of Senior Police Officers working in ISD, to the Intelligence Service in 2001. This made it necessary to specially vest police powers in such officers, who had previously exercised them as Senior Police Officers working in ISD.

Sir, after operating this arrangement for a few years now, it is felt that it is necessary to extend the designated police powers beyond these statutes. Given the nature of security investigations, and the need for confidentiality as well as timely action, operational effectiveness will be hampered if ISD officers are unable to investigate offences falling outside these statutes and have to refer them to other law enforcement agencies.

Miscellaneous amendments

Finally, Sir, I would like to take the House briefly through the remaining key provisions of the Bill which are to facilitate better administration of the Acts in question.

Amendments to the Government Proceedings Act (clause 5)

First, clause 5 makes technical amendments to the Government Proceedings Act to clarify, for the avoidance of doubt, that the Magistrate's Court has jurisdiction, in accordance with the Subordinate Courts Act to hear civil proceedings by and against the Government.

Amendment to the Medicines Act (clause 7)

Next, clause 7 makes a technical amendment to section 20(5) of the Medicines Act to apply the penalty provided in that provision to an offence

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under section 20(3A) of the Act. The offence under section 20(3A) was inserted in the Medicines Act in 2004.

Amendments to the Planning Act (clause 8)

Lastly, clause 8 amends the Planning Act to allow CISCO officers to continue to be authorised to carry out specific enforcement functions such as site inspections and execution of works for enforcement. The clause also amends the same Act to allow the competent authority or authorised persons to bring along assistants and workmen with them when they enter premises.

Sir, this amendment is necessitated by the corporatisation of the Commercial and Industrial Security Corporation (CISCO) which will take effect very soon. Currently, the Planning Act only empowers the competent authority to authorise public officers or officers from statutory boards to perform the functions I had earlier mentioned. These amendments will therefore make it possible for CISCO officers to continue performing their current enforcement functions under the Planning Act, notwithstanding CISCO's corporatisation.

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.