Sources of Singapore law
Encyclopedia
There are generally regarded to be three sources of Singapore law: legislation
, judicial precedents
(case law
) and custom
.
Legislation can be divided into statutes and subsidiary legislation. Statute
s are written laws enacted by the Singapore Parliament, as well as by other bodies which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repeal
ed. One particularly important statute is the Constitution of the Republic of Singapore
, which is the supreme law of Singapore – any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Subsidiary legislation
, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards
under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament.
As Singapore is a common law jurisdiction
, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law
, equity and trust law, property law
and tort law
, are largely judge-made, though certain aspects have now been modified to some extent by statutes.
A custom
is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have the force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition.
, can be divided into statutes and subsidiary legislation.
s are written laws enacted by the Singapore Parliament, as well as by other bodies such as the British Parliament
, Governor-General of India in Council
and Legislative Council of the Straits Settlements
which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repeal
ed. One particularly important statute is the Constitution of the Republic of Singapore
, which is the supreme law of Singapore – any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993, are published in looseleaf form in a series called the Statutes of the Republic of Singapore which is gathered in red binders, and are also accessible on-line from Singapore Statutes Online, a free service provided by the Attorney-General's Chambers of Singapore.
Most statutes, apart from amending Acts and certain Acts such as Supply Acts, are assigned chapter numbers (the word "chapter" is usually abbreviated "Cap."). Revised editions (abbreviated "Rev. Ed.") of statutes that consolidate all amendments to statutes within certain periods of time are published regularly.
, which is usually introduced in Parliament by a government minister
. In practice, most legislation is initiated by the Cabinet
, either acting on its own or on the advice of senior civil servants
. Bills go through the following stages in Parliament:
At the first reading, the bill is introduced into Parliament, usually by the responsible minister. No debate on the bill takes place. The bill is considered has having been read after the MP introducing it has read aloud its long title
and laid a copy of it on the Table of the House, and the Clerk of Parliament has read out its short title
. Copies of the bill are then distributed to MPs, and it is published in the Government Gazette for the public's information. The bill is then scheduled for its second reading. If a bill makes substantial, and not merely incidental, provision for:
the Minister for Finance
must signify that the President has recommended the introduction of the bill, otherwise it may not be introduced in Parliament.
On the second reading, the minister responsible for moving the bill usually makes a speech explaining the objects and reasons behind the bill. The general merits and principles of the bill are then debated.
The bill then proceeds to the committee stage, where the details of the drafting of the proposed law are examined. Where a bill is relatively uncontroversial, it is referred to a committee of the whole Parliament
; in other words, all the MPs attending the sitting form a committee and discuss the bill clause by clause. Bills which are more controversial, or for which it is desired to obtain the views of interested groups or the public, are often referred to a select committee. This is a committee made up of certain MPs, who then invite interested persons to make representations to the committee. Public hearings to hear submissions on the bill may be held. The select committee then reports its findings, together with any suggested amendments to the bill, to Parliament.
The bill then goes through a third reading. At this stage, only amendments which are not of a material character may be made to the bill. The minister moving the third reading may also make a speech outlining the changes made to the bill. The bill is then put to the vote. In most cases, a simple majority of Parliament is all that is needed for the bill to be approved. However, bills seeking to amend the Constitution must be carried by a special majority: not less than two-thirds of all MPs on the second and third readings.
(PCMR). The PCMR's responsibility is to draw attention to any legislation which, in its opinion, is a "differentiating measure", that is, one which discriminates against any racial or religious community. When the Council makes a favourable report or no report within the time prescribed (in which case the bill is conclusively presumed not to contain any differentiating measures), the bill is presented to the President for assent.
If the PCMR submits an adverse report, Parliament can either make amendments to the bill and resubmit it to the Council for approval, or decide to present the bill for the President's assent nonetheless provided that a Parliamentary motion for such action has been passed by at least two-thirds of all MPs. The PCMR has not rendered any adverse reports since it was set up in 1970.
Three types of bills need not be submitted to the PCMR:
The President may act in his discretion in withholding assent to any of the following types of bills passed by Parliament:
As regards a bill mentioned in paragraph 1, the President, acting in accordance with the advice of the Cabinet, may refer to a Constitutional Tribunal the question of whether the bill circumvents or curtails the discretionary powers conferred on him or her by the Constitution. If the Tribunal is of the opinion that the bill does not have this effect, the President is deemed to have assented to the bill on the day after the day when the Tribunal's opinion is pronounced in open court
. On the other hand, if the Tribunal feels that the bill does have the circumventing or curtailing effect, and the President either has withheld or withholds his assent to the bill, the Prime Minister may direct that the bill be submitted to the electors for a national referendum. In that case, the bill will only become law if it is supported by not less than two-thirds of the total number of votes cast at the referendum. If 30 days have expired after a bill has been presented to the President for assent and he or she has neither signified the withholding of assent nor referred the Bill to a Constitutional Tribunal, the bill is deemed to have been assented to on the day following the expiry of the 30-day period. The procedure is similar for a bill mentioned in paragraph 2, except that if the Constitutional Tribunal rules that the bill has a circumventing or curtailing effect, the Prime Minister has no power to put the bill to a referendum. This ensures that changes to the President's discretionary powers can only be made by way of constitutional amendment
s and not ordinary statutes.
If the President withholds his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill referred to in paragraph 5 contrary to the recommendation of the Council of Presidential Advisers, Parliament may by resolution passed by not less than two-thirds of the total number of elected MPs overrule the decision of the President. If Parliament does not do so within 30 days of the withholding of assent, it may authorize expenditure or supplementary expenditure, from the Consolidated Fund
and Development Fund during the relevant financial year, provided that:
If 30 days have passed after a Supply Bill, Supplementary Supply Bill or Final Supply Bill has been presented to the President for assent and her or she has not signified the withholding of assent, the President is deemed to have assented to the bill on the day immediately following the expiration of the 30-day period.
Upon receiving presidential assent, a bill becomes law and is known as an Act of Parliament
. However, the Act only comes into force on the date of its publication in the Government Gazette, or on such other date that is stipulated by the Act or another law, or a notification made under a law.
, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards
under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Although there is no general requirement (as there is in the United Kingdom) for subsidiary legislation to be laid before Parliament for its information, this is usually done in Singapore.
Subsidiary legislation is known by a variety of names. Section 2(1) of the Interpretation Act defines "subsidiary legislation" as meaning "any order in council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Ordinance or other lawful authority and having legislative effect".
Subsidiary legislation must, unless otherwise expressly provided in any statute, be published in the Government Gazette and, unless expressly provided in the subsidiary legislation itself, takes effect and comes into operation on the date of its publication.
No subsidiary legislation made under an Act of Parliament may be inconsistent with the provisions of any Act. This means that any subsidiary legislation which was made ultra vires
its parent Act (that is, the Act did not confer power on the agency to make the subsidiary legislation) or is not consistent with any other statute is void to the extent of the inconsistency.
Subsidiary legislation currently in force in Singapore is published in looseleaf form in a series called the Subsidiary Legislation of the Republic of Singapore which is gathered in black binders. New subsidiary legislation published in the Gazette may be viewed for free on-line for five days on the Electronic Gazette website.
, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law
, equity and trust law, property law
and tort law
, are largely judge-made, though certain aspects have now been modified to some extent by statutes.
Legal certainty
and the orderly development of legal principles are promoted by the application of the doctrine of stare decisis
, also known as the doctrine of binding precedent. According to this doctrine, the decisions of higher courts are binding on lower courts. Thus, judgments of the Court of Appeal are binding on the High Court, and judgments of both of these superior courts are binding on subordinate courts. A judge is generally not bound by previous decisions made by other judges in courts of the same level; thus, a judge hearing a High Court case need not follow previous High Court decisions. Nonetheless, courts will generally do so as a matter of comity unless there are good reasons for doing otherwise. As the final appellate court in Singapore, the Court of Appeal is not bound by its previous decisions or those of predecessor courts such as the Privy Council. However, the Court continues to treat such decisions as "normally binding" and only departs from them "where adherence to such prior decisions would cause injustice in a particular case or constrain the development of the law in conformity with the circumstances of Singapore". Only the ratio decidendi
(that is, the legal principle that determines the outcome) of a case is binding according to the doctrine of stare decisis; other legal principles expressed that are not crucial to the final decision (obiter dicta) are only persuasive
.
As English courts do not form part of Singapore's hierarchy of courts, decisions of such courts are not binding on Singapore courts. However, as a result of Singapore's colonial heritage, English judicial precedents continue to exercise a strong influence on the legal system and are regarded as highly persuasive, particularly as regards the development of the common law, and the interpretation of English statutes applicable in Singapore and Singapore statutes modelled on English enactments. Judicial precedents from other jurisdictions may also be persuasive in specific areas of Singapore law. For instance, Indian decisions are persuasive in the areas of criminal law and procedure because Singapore borrowed heavily from India in these areas.
The Constitution provides that the President may refer to a tribunal consisting of not less than three judges of the Supreme Court for its opinion any question as to the effect of any provision of the Constitution which has arisen or appears likely to arise. Where a Constitutional Tribunal has given an opinion, no court has jurisdiction to question the opinion, or the validity of any law the bill for which was the subject of a reference to the Tribunal.
During Straits Settlements times, cases pertaining to Singapore appeared in various privately-produced and official series of law reports such as Kyshe's Reports (covering cases decided between 1808 and 1939), the Straits Law Journal (1839–1891) and the Straits Settlements Law Reports (1867–1942). From 1932 until 1992, Singapore cases appeared regularly in the Malayan Law Journal (MLJ), the only local series of law reports to be published continuously since the 1930s except during World War II. The MLJ is still consulted for Singapore cases decided prior to full independence in 1965. Since 1992, judgments of the High Court, Court of Appeal and Constitutional Tribunal of Singapore have appeared in the Singapore Law Reports (SLR), which is published by the Singapore Academy of Law
under an exclusive licence from the Supreme Court of Singapore. The Academy has also republished cases decided since Singapore's full independence in 1965 that appeared in the MLJ in special volumes of the SLR, and is currently working on a reissue of this body of case law. Cases published in the SLR as well as unreported judgments of the Supreme Court and Subordinate Courts are available on-line from a fee-based service called LawNet, which is also managed by the Academy.
is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have the force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition.
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
, judicial precedents
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
(case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
) and custom
Custom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
.
Legislation can be divided into statutes and subsidiary legislation. Statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s are written laws enacted by the Singapore Parliament, as well as by other bodies which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed. One particularly important statute is the Constitution of the Republic of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
, which is the supreme law of Singapore – any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Subsidiary legislation
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards
Statutory boards of the Singapore Government
The statutory boards of the Singapore Government are organisations that have been given autonomy to perform an operational function. They usually report to one specific ministry.*Accounting and Corporate Regulatory Authority...
under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament.
As Singapore is a common law jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, equity and trust law, property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
and tort law
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
, are largely judge-made, though certain aspects have now been modified to some extent by statutes.
A custom
Custom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have the force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition.
Legislation
Legislation, or statutory lawStatutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
, can be divided into statutes and subsidiary legislation.
Statutes
StatuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s are written laws enacted by the Singapore Parliament, as well as by other bodies such as the British Parliament
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
, Governor-General of India in Council
Governor-General of India
The Governor-General of India was the head of the British administration in India, and later, after Indian independence, the representative of the monarch and de facto head of state. The office was created in 1773, with the title of Governor-General of the Presidency of Fort William...
and Legislative Council of the Straits Settlements
Legislative Council of the Straits Settlements
The Legislative Council of the Straits Settlements was a legislature formed on April 1, 1867, when the Straits Settlements was made a crown colony...
which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed. One particularly important statute is the Constitution of the Republic of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
, which is the supreme law of Singapore – any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993, are published in looseleaf form in a series called the Statutes of the Republic of Singapore which is gathered in red binders, and are also accessible on-line from Singapore Statutes Online, a free service provided by the Attorney-General's Chambers of Singapore.
Most statutes, apart from amending Acts and certain Acts such as Supply Acts, are assigned chapter numbers (the word "chapter" is usually abbreviated "Cap."). Revised editions (abbreviated "Rev. Ed.") of statutes that consolidate all amendments to statutes within certain periods of time are published regularly.
Passage of bills through Parliament
A statute of the Singapore Parliament begins its life as a billBill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, which is usually introduced in Parliament by a government minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
. In practice, most legislation is initiated by the Cabinet
Cabinet of Singapore
The Cabinet of Singapore forms the Government of Singapore together with the President of Singapore. It is led by the Prime Minister of Singapore who is the head of government...
, either acting on its own or on the advice of senior civil servants
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
. Bills go through the following stages in Parliament:
- The introduction and first reading.
- The second reading.
- The committee stage.
- The third reading.
At the first reading, the bill is introduced into Parliament, usually by the responsible minister. No debate on the bill takes place. The bill is considered has having been read after the MP introducing it has read aloud its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
and laid a copy of it on the Table of the House, and the Clerk of Parliament has read out its short title
Short title
The short title is the formal name by which a piece of primary legislation may by law be cited in the United Kingdom and other Westminster-influenced jurisdictions , as well as the United States. It contrasts with the long title which, while usually being more fully descriptive of the...
. Copies of the bill are then distributed to MPs, and it is published in the Government Gazette for the public's information. The bill is then scheduled for its second reading. If a bill makes substantial, and not merely incidental, provision for:
- imposing or increasing any tax or abolishing, reducing or remitting any existing tax;
- the borrowing of money, or the giving of any guarantee, by the Government, or the amendment of the law relating to the financial obligations of the Government;
- the custody of the Consolidated FundConsolidated FundConsolidated Fund or the Consolidated Revenue Fund is the term used for the main bank account of the government in many of the countries in the Commonwealth of Nations.-Establishment:...
, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge; - the payment of money into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any money not charged on it, or any increase in the amount of such a payment, issue or withdrawal; or
- the receipt of any money on account of the Consolidated Fund or the custody or issue of such money,
the Minister for Finance
Minister for Finance (Singapore)
The Minister for Finance is an appointment in the Cabinet of Singapore and heads the Ministry of Finance. Tharman Shanmugaratnam, who was Second Minister for Finance, took over the ministership on 2007-12-01 when Prime Minister Lee Hsien Loong relinquished the Finance post ....
must signify that the President has recommended the introduction of the bill, otherwise it may not be introduced in Parliament.
On the second reading, the minister responsible for moving the bill usually makes a speech explaining the objects and reasons behind the bill. The general merits and principles of the bill are then debated.
The bill then proceeds to the committee stage, where the details of the drafting of the proposed law are examined. Where a bill is relatively uncontroversial, it is referred to a committee of the whole Parliament
Committee of the Whole
A Committee of the Whole is a device in which a legislative body or other deliberative assembly is considered one large committee. All members of the legislative body are members of such a committee...
; in other words, all the MPs attending the sitting form a committee and discuss the bill clause by clause. Bills which are more controversial, or for which it is desired to obtain the views of interested groups or the public, are often referred to a select committee. This is a committee made up of certain MPs, who then invite interested persons to make representations to the committee. Public hearings to hear submissions on the bill may be held. The select committee then reports its findings, together with any suggested amendments to the bill, to Parliament.
The bill then goes through a third reading. At this stage, only amendments which are not of a material character may be made to the bill. The minister moving the third reading may also make a speech outlining the changes made to the bill. The bill is then put to the vote. In most cases, a simple majority of Parliament is all that is needed for the bill to be approved. However, bills seeking to amend the Constitution must be carried by a special majority: not less than two-thirds of all MPs on the second and third readings.
Scrutiny of bills by the Presidential Council for Minority Rights
Once most bills have been passed by Parliament, they must be submitted to a non-elected advisory body called the Presidential Council for Minority RightsPresidential Council for Minority Rights
The Presidential Council for Minority Rights is a non-elected government body in Singapore established in 1970, the main function of which is to scrutinize most of the bills passed by Parliament to ensure that they do not discriminate against any racial or religious community...
(PCMR). The PCMR's responsibility is to draw attention to any legislation which, in its opinion, is a "differentiating measure", that is, one which discriminates against any racial or religious community. When the Council makes a favourable report or no report within the time prescribed (in which case the bill is conclusively presumed not to contain any differentiating measures), the bill is presented to the President for assent.
If the PCMR submits an adverse report, Parliament can either make amendments to the bill and resubmit it to the Council for approval, or decide to present the bill for the President's assent nonetheless provided that a Parliamentary motion for such action has been passed by at least two-thirds of all MPs. The PCMR has not rendered any adverse reports since it was set up in 1970.
Three types of bills need not be submitted to the PCMR:
- Money BillsMoney billIn the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
; - bills certified by the Prime Minister as being those which affect the defence or the security of Singapore or which relate to public safety, peace or good order in Singapore; and
- bills certified by the Prime Minister to be so urgent that it is not in the public interest to delay their enactment.
Assent to bills by the President
The President generally exercises his constitutional function of assenting to bills in accordance with Cabinet's advice and does not act in his personal discretion. Therefore, except in certain instances which are described below, he may not refuse to assent to bills that have been validly passed by Parliament. The words of enactment in Singapore statutes are: "Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:".The President may act in his discretion in withholding assent to any of the following types of bills passed by Parliament:
- A bill seeking to amend the Constitution that provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by the Constitution.
- A bill not seeking to amend the Constitution that provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by the Constitution.
- A bill that provides, directly or indirectly, for varying, changing or increasing the powers of the Central Provident Fund Board to invest the moneys belonging to the Central Provident FundCentral Provident FundIn Singapore, the Central Provident Fund is a compulsory comprehensive savings plan for working Singaporeans and permanent residents primarily to fund their retirement, healthcare and housing needs. It is administered by the Central Provident Fund Board, a statutory board under the Ministry of...
. - A bill providing, directly or indirectly, for the borrowing of money, the giving of any guarantee or the raising of any loan by the Government if, in the opinion of the President, the bill is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office.
- A Supply BillMoney billIn the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
, Supplementary Supply Bill or Final Supply Bill for any financial year if, in the President's opinion, the estimates of revenue and expenditure for that year, the supplementary estimates or the statement of excess, as the case may be, are likely to lead to a drawing on the reserves which were not accumulated by the Government during its current term of office.
As regards a bill mentioned in paragraph 1, the President, acting in accordance with the advice of the Cabinet, may refer to a Constitutional Tribunal the question of whether the bill circumvents or curtails the discretionary powers conferred on him or her by the Constitution. If the Tribunal is of the opinion that the bill does not have this effect, the President is deemed to have assented to the bill on the day after the day when the Tribunal's opinion is pronounced in open court
In open court
In open court is a legal term in the United States defined by the appearance by a party or their attorney in a public court session such as during a trial...
. On the other hand, if the Tribunal feels that the bill does have the circumventing or curtailing effect, and the President either has withheld or withholds his assent to the bill, the Prime Minister may direct that the bill be submitted to the electors for a national referendum. In that case, the bill will only become law if it is supported by not less than two-thirds of the total number of votes cast at the referendum. If 30 days have expired after a bill has been presented to the President for assent and he or she has neither signified the withholding of assent nor referred the Bill to a Constitutional Tribunal, the bill is deemed to have been assented to on the day following the expiry of the 30-day period. The procedure is similar for a bill mentioned in paragraph 2, except that if the Constitutional Tribunal rules that the bill has a circumventing or curtailing effect, the Prime Minister has no power to put the bill to a referendum. This ensures that changes to the President's discretionary powers can only be made by way of constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s and not ordinary statutes.
If the President withholds his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill referred to in paragraph 5 contrary to the recommendation of the Council of Presidential Advisers, Parliament may by resolution passed by not less than two-thirds of the total number of elected MPs overrule the decision of the President. If Parliament does not do so within 30 days of the withholding of assent, it may authorize expenditure or supplementary expenditure, from the Consolidated Fund
Consolidated Fund
Consolidated Fund or the Consolidated Revenue Fund is the term used for the main bank account of the government in many of the countries in the Commonwealth of Nations.-Establishment:...
and Development Fund during the relevant financial year, provided that:
- where the President withholds his assent to a Supply Bill, the expenditure so authorized for any service or purpose for that financial year cannot exceed the total amount appropriated for that service or purpose in the preceding financial year; or
- where the President withholds his assent to a Supplementary Supply Bill or Final Supply Bill, the expenditure so authorized for any service or purpose shall not exceed the amount necessary to replace an amount advanced from any Contingencies Fund under Article 148C(1) of the Constitution for that service or purpose.
If 30 days have passed after a Supply Bill, Supplementary Supply Bill or Final Supply Bill has been presented to the President for assent and her or she has not signified the withholding of assent, the President is deemed to have assented to the bill on the day immediately following the expiration of the 30-day period.
Upon receiving presidential assent, a bill becomes law and is known as an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. However, the Act only comes into force on the date of its publication in the Government Gazette, or on such other date that is stipulated by the Act or another law, or a notification made under a law.
Examples of statutes
- The Application of English Law Act sets out the extent to which English law applies in Singapore today.
- Under section 17(1) of the Environmental Public Health Act, it is an offence to:
-
- (a) deposit, drop, place or throw any dust, dirt, paper, ash, carcase, refuse, box, barrel, bale or any other article or thing in any public place;
- (b) keep or leave any article or thing in any place where it or particles therefrom have passed or are likely to pass into any public place;
- (c) dry any article of food or any other article or thing in any public place;
- (d) place, scatter, spill or throw any blood, brine, noxious liquid, swill or any other offensive or filthy matter of any kind in such manner as to run or fall into any public place;
- (e) beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers, lime, sand, waste paper or other substance in such manner that it is carried or likely to be carried by the wind to any public place;
- (f) throw or leave behind any bottle, can, food container, food wrapper, glass, particles of food or any other article or thing in any public place;
- (g) spit any substance or expel mucus from the nose upon or onto any street or any public place; or
- (h) discard or abandon in any public place any motor vehicle whose registration has been cancelled under section 27 of the Road Traffic Act, any furniture or any other bulky article.
- The penalty is a fine not exceeding S$5,000 and, in the case of a second or subsequent conviction, a fine not exceeding S$10,000 or to imprisonment for a term not exceeding three months or both. In addition, where a person who is 16 years of age or above is convicted of an offence under section 17, and if the court by or before which he is convicted is satisfied that it is expedient with a view to his reformation and the protection of the environment and environmental public health that he should be required to perform unpaid work in relation to the cleaning of any premises, the Court shall, in lieu of or in addition to any other order, punishment or sentence and unless it has special reasons for not so doing, make a corrective work orderCorrective Work OrderCorrective Work Order, commonly known as CWO, is one of the two penalties in Singapore to be meted out to 'litterbugs' . The order forces the 'litterbugs' to clean up a specified location as ordered by the government, while wearing a bright green luminous vest bearing the words "Corrective Work...
requiring him to perform such work under the supervision of a supervision officer.- The Maintenance of Religious Harmony Act, among other things, authorizes the making of restraining orders against officials or members of religious groups or institutions who have committed or are attempting to commit any of the following acts:
- (a) causing feelings of enmity, hatred, ill-will or hostility between different religious groups;
- (b) carrying out activities to promote a political cause, or a cause of any political party while, or under the guise of, propagating or practising any religious belief;
- (c) carrying out subversive activities under the guise of propagating or practising any religious belief; or
- (d) exciting disaffection against the President or the Government while, or under the guise of, propagating or practising any religious belief.
- Under section 27A(1) of the Miscellaneous Offences (Public Order and Nuisance) Act, it is an offence to appears nude in a public place, or in a private place and is exposed to public view. The penalty is a fine not exceeding S$2,000 or imprisonment for a term not exceeding three months or both. The reference in sub-section (1) to a person appearing nude includes a person who is clad in such a manner as to offend against public decency or order.
- The Penal CodePenal Code (Singapore)The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating...
states the elements and penalties of common criminal offences such as homicide, theft and cheating, and also sets out general principles of criminal law in Singapore. - The Sale of Goods Act, an English Act made applicable to Singapore by the Application of English Law Act, sets out legal rules relating to the sale and purchase of goods.
- The Women's CharterWomen's Charter (Singapore)The Women's Charter was an Act of the Singaporean Parliament passed in 1961. The Act was designed to improve and protect the rights of females in Singapore and to guarantee greater legal equality for women in legally sanctioned relationships...
sets out the law relating to marriage, divorce and separation, family violence, and the protection of women and girls.
Subsidiary legislation
Subsidiary legislationDelegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards
Statutory boards of the Singapore Government
The statutory boards of the Singapore Government are organisations that have been given autonomy to perform an operational function. They usually report to one specific ministry.*Accounting and Corporate Regulatory Authority...
under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Although there is no general requirement (as there is in the United Kingdom) for subsidiary legislation to be laid before Parliament for its information, this is usually done in Singapore.
Subsidiary legislation is known by a variety of names. Section 2(1) of the Interpretation Act defines "subsidiary legislation" as meaning "any order in council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Ordinance or other lawful authority and having legislative effect".
- An Order in Council is a law made directly by the British Crown in the exercise of its prerogativeRoyal PrerogativeThe royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
law-making power which it previously possessed in respect of Singapore. Orders-in-council are made only on the advice of ministers, and operate subject to provisions made by or under any Act of Parliament. - A proclamationProclamationA proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
is an announcement made by or under the authority of the Crown. - Rules are generally legal instruments such as Rules of Court which regulate judicial or other procedure.
- RegulationRegulationRegulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s are legal instruments implementing the substantive content of Acts of Parliament that have a continuing regulating effect. - An order is a legal instrument which has an executive flavour and expresses an obvious command. Often, its effect is limited to a particular moment in time, rather than continuing.
- A notification is a legal instrument that provides factual information. For example, notifications are used to inform the public of the dates of commencement of statutes and the appointment of individuals to government posts.
- By-lawsBylawBy-law can refer to a law of local or limited application passed under the authority of a higher law specifying what things may be regulated by the by-law...
are regulations made by certain public and private bodies, for instance, strata titleStrata titleStrata title is a form of ownership devised for multi-level apartment blocks and horizontal subdivisions with shared areas. The 'strata' part of the term refers to apartments being on different levels, or "strata"....
management corporations. Their extent is usually limited to a relatively small geographical area or to the operations of a particular body only.
Subsidiary legislation must, unless otherwise expressly provided in any statute, be published in the Government Gazette and, unless expressly provided in the subsidiary legislation itself, takes effect and comes into operation on the date of its publication.
No subsidiary legislation made under an Act of Parliament may be inconsistent with the provisions of any Act. This means that any subsidiary legislation which was made ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
its parent Act (that is, the Act did not confer power on the agency to make the subsidiary legislation) or is not consistent with any other statute is void to the extent of the inconsistency.
Subsidiary legislation currently in force in Singapore is published in looseleaf form in a series called the Subsidiary Legislation of the Republic of Singapore which is gathered in black binders. New subsidiary legislation published in the Gazette may be viewed for free on-line for five days on the Electronic Gazette website.
Examples of subsidiary legislation
- Under regulation 16 of the Environmental Public Health (Public Cleansing) Regulations made under the Environmental Public Health Act, any person who has urinated or defecated in any sanitary convenience with a flushing system to which the public has access shall flush the sanitary convenience immediately after using it. Contravention of this regulation is an offence punishable:
-
- (a) for a first offence, to a fine not exceeding $1,000 and to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction;
- (b) for a second offence, to a fine not exceeding $2,000 and to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction; and
- (c) for a third or subsequent offence, to a fine not exceeding $5,000 and to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
- The Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules made under the Miscellaneous Offences (Public Order and Nuisance) Act require a permit to be taken out for any public assembly or procession of five or more persons in any public place. The rationale given for this law is that a large group of people who gather for a peaceful purpose can turn violent. In the 1950s and 1960s there were several violent riots in Singapore, the last incident being the 1964 Race Riots1964 Race RiotsThe 1964 Race Riots were a series of riots that took place in Singapore during two separate periods in July and September between Chinese and Malay groups. The first incident occurred on 21 July during a Malay procession that marked Prophet Muhammad's birthday. In total, the violence killed 36...
in which 36 people were killed. Although there have only been a few minor protests since then, the authorities continue to take a tough stance against unlicensed outdoor protests. On 31 December 2000, 15 members of Falun GongFalun GongFalun Gong is a spiritual discipline first introduced in China in 1992 by its founder, Li Hongzhi, through public lectures. It combines the practice of meditation and slow-moving qigong exercises with the moral philosophy...
consisting of 13 foreigners and two Singaporeans were arrested at MacRitchie Park for holding an illegal assembly. - Public speaking at Speakers' Corner is regulated by the Public Entertainments and Meetings (Speakers' Corner) (Exemption) Order made under the Public Entertainments and Meetings Act.
- Under regulation 14 of the Rapid Transit Systems Regulations made under the Rapid Transit Systems Act, it is an offence to consume or attempt to consume any food or drinks while in or upon any part of the railway premises except in such places as are designated for this purpose by the Land Transport AuthorityLand Transport AuthorityThe Land Transport Authority is a statutory board under the Ministry of Transport of the Singapore Government.-History:...
or its licensee, or consume or attempt to consume any chewing gum or bubble gum while in or upon any part of the railway premises. Regulation 15 makes it an offence to spit, litter or soil any part of the railway premises. The maximum penalties for these offences are fines of up to $500 and $5,000 respectively. - The Sale of Food (Prohibition of Chewing Gum) Regulations made under the Sale of Food Act prohibits the sale or advertisement for sale of any chewing gumChewing gum ban in SingaporeThe chewing gum ban in Singapore was enacted in 1992 and revised in 2004 and 2010. It bans the import and sale of chewing gum in Singapore. Since 2004, only chewing gum of therapeutic value is allowed into Singapore following the United States-Singapore Free Trade Agreement .This law was created...
. The prohibition does not apply to the sale or advertisement of any chewing gum in respect of which a product licence has been granted under the Medicines Act. Thus, it is now possible to purchase chewing gum for dental or medical purposes (for instance, for the purpose of nicotine replacement therapyNicotine replacement therapyNicotine replacement therapy is the remedial administration of nicotine to the body by means other than tobacco, usually as part of smoking cessation. Common forms of nicotine replacement therapy are nicotine patches and nicotine gum...
) from pharmacies without a prescription.
- The Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules made under the Miscellaneous Offences (Public Order and Nuisance) Act require a permit to be taken out for any public assembly or procession of five or more persons in any public place. The rationale given for this law is that a large group of people who gather for a peaceful purpose can turn violent. In the 1950s and 1960s there were several violent riots in Singapore, the last incident being the 1964 Race Riots
Judicial precedents
As Singapore is a common law jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, equity and trust law, property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
and tort law
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
, are largely judge-made, though certain aspects have now been modified to some extent by statutes.
Legal certainty
Legal certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. Legal certainty is internationally recognised as a central requirement for the rule of law....
and the orderly development of legal principles are promoted by the application of the doctrine of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
, also known as the doctrine of binding precedent. According to this doctrine, the decisions of higher courts are binding on lower courts. Thus, judgments of the Court of Appeal are binding on the High Court, and judgments of both of these superior courts are binding on subordinate courts. A judge is generally not bound by previous decisions made by other judges in courts of the same level; thus, a judge hearing a High Court case need not follow previous High Court decisions. Nonetheless, courts will generally do so as a matter of comity unless there are good reasons for doing otherwise. As the final appellate court in Singapore, the Court of Appeal is not bound by its previous decisions or those of predecessor courts such as the Privy Council. However, the Court continues to treat such decisions as "normally binding" and only departs from them "where adherence to such prior decisions would cause injustice in a particular case or constrain the development of the law in conformity with the circumstances of Singapore". Only the ratio decidendi
Ratio decidendi
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment" or "the principle which the case establishes."...
(that is, the legal principle that determines the outcome) of a case is binding according to the doctrine of stare decisis; other legal principles expressed that are not crucial to the final decision (obiter dicta) are only persuasive
Persuasive precedent
Persuasive precedent is precedent or other legal writing that is related to the case at hand but is not a binding precedent on the court under common law legal systems such as English law. However, persuasive authority may guide the judge in making the decision in the instant case...
.
As English courts do not form part of Singapore's hierarchy of courts, decisions of such courts are not binding on Singapore courts. However, as a result of Singapore's colonial heritage, English judicial precedents continue to exercise a strong influence on the legal system and are regarded as highly persuasive, particularly as regards the development of the common law, and the interpretation of English statutes applicable in Singapore and Singapore statutes modelled on English enactments. Judicial precedents from other jurisdictions may also be persuasive in specific areas of Singapore law. For instance, Indian decisions are persuasive in the areas of criminal law and procedure because Singapore borrowed heavily from India in these areas.
The Constitution provides that the President may refer to a tribunal consisting of not less than three judges of the Supreme Court for its opinion any question as to the effect of any provision of the Constitution which has arisen or appears likely to arise. Where a Constitutional Tribunal has given an opinion, no court has jurisdiction to question the opinion, or the validity of any law the bill for which was the subject of a reference to the Tribunal.
During Straits Settlements times, cases pertaining to Singapore appeared in various privately-produced and official series of law reports such as Kyshe's Reports (covering cases decided between 1808 and 1939), the Straits Law Journal (1839–1891) and the Straits Settlements Law Reports (1867–1942). From 1932 until 1992, Singapore cases appeared regularly in the Malayan Law Journal (MLJ), the only local series of law reports to be published continuously since the 1930s except during World War II. The MLJ is still consulted for Singapore cases decided prior to full independence in 1965. Since 1992, judgments of the High Court, Court of Appeal and Constitutional Tribunal of Singapore have appeared in the Singapore Law Reports (SLR), which is published by the Singapore Academy of Law
Singapore Academy of Law
The Singapore Academy of Law or is an organization in Singapore. This organization has nearly 8,000 members and provides legal services and information to Singapore's legal community....
under an exclusive licence from the Supreme Court of Singapore. The Academy has also republished cases decided since Singapore's full independence in 1965 that appeared in the MLJ in special volumes of the SLR, and is currently working on a reissue of this body of case law. Cases published in the SLR as well as unreported judgments of the Supreme Court and Subordinate Courts are available on-line from a fee-based service called LawNet, which is also managed by the Academy.
Examples of judicial precedents
- Chng Suan Tze v. Minister for Home AffairsChng Suan Tze v. Minister for Home AffairsChng Suan Tze v. Minister for Home Affairs is a seminal case in administrative law decided by the Court of Appeal of Singapore in 1988. The Court decided the appeal in the appellants' favour on a technical ground, but considered obiter dicta the reviewability of government power in preventive...
(1988) was a landmark Court of Appeal case in administrative lawAdministrative lawAdministrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, specifically with regards to reviewing the grounds of detention without trial under the Internal Security ActInternal Security Act (Singapore)The Internal Security Act of Singapore is a law that allows the Singapore government to investigate security threats like international terrorism, foreign subversion, espionage and acts of violence or hatred using race or religion...
. One of the main issues before the court was whether the test for judicial reviewJudicial reviewJudicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
was objective or subjective; in other words, whether judges could examine whether the executive’s decision to detain a person was in fact based on national security considerations, as well as whether the executive’s considerations in determining the detention fell within the scope of the purposes specified in section 8(1) of the Act. The court, in an obiterObiter dictumObiter dictum is Latin for a statement "said in passing". An obiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision...
ruling, advocated the objective standard, stating: "All power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power." Although the case was legislatively overruled in respect of internal security matters by amendments to the Constitution of SingaporeConstitution of SingaporeThe Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
and the Internal Security Act, the principle still applies in judicial review proceedings not involving the Act. - Fay v. Public Prosecutor (1994) concerned an American teenager, Michael P. FayMichael P. FayMichael Peter Fay is an American who briefly shot to international notoriety when he was sentenced to caning in Singapore as an 18-year-old in 1994 for theft and vandalism...
, who was arrested in 1994 for vandalizing cars and stealing street signs. He pleaded guilty to two charges of vandalizing by spraying paint on a number of cars. On conviction by a subordinate court, he was sentenced to a total of four months’ imprisonment and six strokes of the caneCaning in SingaporeCaning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
. For the purposes of sentencing, other charges were taken into consideration, including 16 charges of vandalism involving paint. Fay appealed to the High Court against the sentences, arguing that (a) proviso to section 3 of the Vandalism ActVandalism Act (Singapore)The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting,...
required the prosecution to prove beyond reasonable doubt the indelible quality of the paint used before caning could be imposed; (b) a probation order was appropriate in this case; and (c) the trial judge below should have ordered a pre-sentencing report with a view to ordering probation. The appeal was dismissed. The case generated intense media interest in the United States, culminating in a formal request being made by the American government for the caning sentence not to be carried out. The request was rejected by the Singapore government on the basis that foreigners in Singapore could not be held to a different standard from citizens. However, a recommendation was made to the President to reduce the caning sentence from six strokes to four.
Custom
A customCustom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have the force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition.
Examples of custom
- The general reception of English law under the Second Charter of Justice (see the article "Law of Singapore") was subject to three qualifications, one of which was that English law should be modified in its application to Singapore so as not to cause injustice or oppression to the indigenous people of the island. Regard was to be had to their religions, usages and manners. This principle was generally applied in family law and related matters; thus, in certain early cases English law was modified by Chinese, Malay and Hindu customary law, and some native usages or customs acquired the force of law. However, the enactment of the Women's CharterWomen's Charter (Singapore)The Women's Charter was an Act of the Singaporean Parliament passed in 1961. The Act was designed to improve and protect the rights of females in Singapore and to guarantee greater legal equality for women in legally sanctioned relationships...
in 1961 has unified the family law for all ethno-religious groups in Singapore except the Muslims, who are separately regulated by the Administration of Muslim Law Act. - Where MalayMalays in SingaporeMalays in Singapore are defined by the Singaporean government using the broader and antiquated "Malay race" concept, rather than modern-day Malay ethnic group. Although Malays have inhabited the area that is now Singapore since the 17th century, most of the Malays in Singapore today are immigrants...
MuslimMuslimA Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s are concerned, the application of Muslim law is modified by Malay custom as regards marriage, divorce and the distribution of the estateEstate (law)An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
of an intestateIntestacyIntestacy is the condition of the estate of a person who dies owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of...
person. In fact, Muslim customary law and the Malay custom applicable to Malay Muslims appear to be the only strands of customary law which continue to have some significance in Singapore. - The practice of marking cheques is a recognized banking custom in Singapore.
See also
- Constitution of SingaporeConstitution of SingaporeThe Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
- Judicial system of SingaporeJudicial system of SingaporeThe full Judicial power in Singapore is vested in the Supreme Court as well as subordinate courts by the Constitution of Singapore. The Supreme Court consists of the Court of Appeal and the High Court. The Court of Appeal exercises appellate criminal and civil jurisdiction, while the High Court...
- Law of SingaporeLaw of SingaporeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
- Parliament of SingaporeParliament of SingaporeThe Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
General
- Law in Singapore, by the C.J. Koh Law Library, National University of Singapore
- LawNet
- Singaporelaw.sg, by the Singapore Academy of Law
- Singapore Law Watch, by the Singapore Academy of Law
- Singapore Laws on the Internet from WWLegal.com – contains a list of Singapore legal resources on the Internet (published 15 January 2005)
The Legislature and legislation
- Parliament of Singapore
- Electronic Gazette
- Singapore Statutes Online – a service of the Attorney-General's Chambers, Singapore