Business Law Notes (BLM1007) - Introduction to Singapore Legal System PDF

40701102\_s **Business Law (BLM1007)** **Topic 1: Introduction to Law and the Singapore Legal System** [Sub-Topics: ] 1. **The Nature and Status of the Law** 2. **Classification of Law** 3. **Sources of Law** 4. **The Singapore Legal System** 5. **The Three Arms of Government** 6. **Parliament & the Making of Law** [Lesson Objectives:] By the end of this topic, you will be able to: - **Understand the meaning and importance of the law** - **Distinguish between law and morality** - **Outline how the law is classified** - **Explain the sources of law in Singapore and the impact of English law** - **Explain how the judicial system in Singapore operates** - **Explain the concept of Parliament and how it makes law** - **Differentiate between the three types of Members of Parliament** - **Outline the process of drafting a Bill and making it an Act** **\* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \*** **[\ 1. The Nature and Status of the Law]** **[1.1 What is 'law'?]** The word 'law' is a very common word. But what does it mean? How do we know when we have broken a law? Is it a crime every time we break the law? To those new to the study of law, 'law' is often linked with words like justice, equality, and fairness, right vs. wrong. However, these and other similar words are not synonymous to 'law'. **Some definitions of the word 'law' include:** 'the system of rules which a particular country or community recognises as regulating the actions of its members and which it may enforce by the imposition of penalties'[^1^](#fn1){#fnref1.footnote-ref}; and 'a rule, usually made by a government, that is used to order the way in which a society behaves, or the whole system of such rules.[^2^](#fn2){#fnref2.footnote-ref} A simpler definition of law is '**a set of rules and obligations which must be obeyed'.** **Laws help to** keep order in society and are necessary to preserve the smooth running of every aspect of society, e.g. traffic laws, health laws, laws against crime etc. Laws govern our dealings with each other as individuals; laws also govern our relationships with organisations, government institutions, and with society as a whole and with other countries. Laws can make people do things, or stop them from doing things. Laws regulate our lives from the time we are born, and can continue to have an impact even after we are gone from this earth[^3^](#fn3){#fnref3.footnote-ref}! The following are just **a few examples of situations** in which we are regulated by the law: 1. birth and death 2. marriage and divorce 3. education and employment 4. buying and selling 5. eating and drinking 6. walking and driving 7. music and tv The **law is not static** -- new laws are constantly being made to deal with new situations that crop up e.g. cyber crime laws did not exist before the invention of the internet. On the other hand, old laws which are no longer relevant are constantly being changed or removed altogether e.g. laws dealing with bullock carts on the roads eventually became obsolete with the invention of the car. **If there were no laws or rules** to govern each individual's behaviour in society, we would be free to do as we pleased. **The result would be utter chaos.** Crimes would be committed freely as there would be no fear of punishment. The business world would also be chaotic - no one would want to enter into any business transactions, as either party could break their side of the agreement without taking responsibility. **[1.2 Law vs Morality]** Before we continue our study of the law, it is important to understand **the difference between law and morality.** Morality may be defined as 'a personal or social set of standards for good or bad behaviour and character, or the quality of being right, honest or acceptable'[^4^](#fn4){#fnref4.footnote-ref}. Morality is thus a set of values or beliefs which usually governs an individual\'s or a society\'s actions. It is often derived from one's religious beliefs and based on values which are deemed 'right' and 'good'. However, not all persons share the same values and therefore, standards of morality. It would be ideal if the law matched our morals but in a society where individuals do not agree on what is morally right or wrong, this is not possible. Therefore, sometimes our standards of morality and the law are the same - but sometimes they are not. Consider the following examples:- - - - - Clearly, no one would consider selling chewing gum immoral, yet it is illegal in Singapore. Conversely, society views adultery as immoral, yet in Singapore it is not illegal to have adulterous relations. It does not violate any laws and is neither punishable as a crime nor as a civil wrong. In which of the other examples above does the law not 'match' standards of morality? It is quite common to mistake a moral obligation for a legal obligation, and vice versa. Yet it is important to distinguish between the two because **a moral obligation will not be enforced in a court of law but a legal obligation will.** Note also that what is illegal in one country may not be illegal in another[^5^](#fn5){#fnref5.footnote-ref}. **Another fundamental difference** between law & morality is that moral standards may differ from community to community, religion to religion and person to person. Consider the pro-choice and pro-life believers on the issue of abortion. Is abortion 'murder'? In the moral sense, the answer will depend on your family values, religious beliefs, your own sense of right and wrong will be able to influence your answers to this question. Yet in the legal sense, the answer is 'no', since abortion is legal in Singapore. In the eyes of the law in Singapore, there are no differing standards, regardless of family values or religious beliefs. Abortions within the limits as set by Parliament are perfectly legal, whether it is for Catholics, atheists, Buddhists or Muslims. In this way, the law is clearer, "black or white", unlike moral standards. Of course, lawyers and judges may have differing views and interpretations but ultimately what is laid down as the law is applied equally to everyone concerned. What other examples can you think of to illustrate the distinction and similarity between law and morality? **[1.3 Law in the Business world]** Most of us are familiar with the criminal law as we read about it in the newspapers every day. We are less familiar with the role of law in the business world. Yet, law has an equally important role to play in business and commercial transactions. Many aspects of doing business involve the law: from setting up a new business, renting premises, buying equipment, hiring staff, buying from suppliers, selling to customers, paying taxes, to finally closing down the business. It is important to have some knowledge of the law when dealing in the world of business because legal knowledge can help us to: - - - - - To help understand how laws impact the business world, it is useful to first examine the different types of laws that exist and how they are classified. **[\ 2. Classification of law]** Laws are made to serve human society. Over time, many types of laws have developed to deal with the different situations that arise within an increasingly complex society. For example:- - each time you buy or sell anything, your rights are governed by **Contract Law**. - when an offence is committed, the **Criminal Law** will come into effect. - marriage, divorce, and other aspects of family life are governed by **Family Law**. - when you get a job, your rights are governed by **Contract Law** and **Employment Law**. - when a person dies, **Probate and Intestacy Law** will come into effect to deal with the assets that person leave behind. To make it easier to discuss the many laws in effect, it is convenient to classify them in various ways, depending on the type of situation that law deals with. The following are the main ways of classification: **[2.1 Criminal Law vs Civil Law]** Wrongful acts can be classified into **criminal** wrongs and **civil** wrongs. Some wrongful acts such as murder, theft, and rape, are clearly criminal wrongs, but it is not always so obvious which is which. So how can we distinguish which wrongs are criminal, and which are civil? 1. **Criminal Law** There are many actions and omissions which are considered wrong by the State and they are called 'crimes'. Although crimes can be committed either against individuals (e.g. murder), against oneself (e.g. drug taking) or against the State (e.g. littering, failing to pay your income tax), all crimes are considered to have been committed against the State. In other words, crimes are viewed as wrongs committed against the society i.e. you and I, although individually we may not feel or even know about the crime. Since a crime is viewed as having been committed against the State, it is the State which takes action against the accused. The action taken is known broadly as **criminal proceedings**[.] For example, your b*ag is stolen while you are out shopping. Fortunately you manage to catch the thief after a short chase and you hand him over to the police.* Although no one else suffered directly from the theft except you, the thief\'s action is considered a crime against the State. As such, **the Public Prosecutor** will prosecute the thief and seek his punishment. You do not have to spend any money or do anything except give evidence at the trial. The party who represents the State in criminal proceedings is called the **Public Prosecutor** or **Attorney-General**. The person prosecuted against is called the **accused** or the **defendant**. If the accused is found guilty, he will be punished according to the punishment provided by the law. The punishment for crimes ranges from **a fine to imprisonment, caning or the death sentence,** depending on the seriousness of the offence. The Court will decide on the appropriate punishment according to the law and the punishment is called a **sentence**. 2. **Civil Law** Those wrongs which are not considered as crimes punishable by the State are considered to be civil wrongs. If someone has committed a civil wrong against you, the State will not get involved and you yourself will have to take action in court to right the wrong. For example, Sam owes Jim \$4,000 and refuses to pay it back. Refusing to pay back a debt is not considered a criminal offence and therefore Jim cannot ask the police to arrest Sam because Sam has not committed a crime. Instead, Jim will have to sue Sam in court to recover his debt. In the court action (called a **civil suit** or **civil trial**), Jim would be referred to as the **Plaintiff** and Sam as the **Defendant**. At the end of the civil trial, the Court will make a Judgment or Order as to whether Jim is entitled to get his \$4,000 back. **[2.2 International Law and Domestic Law]** **International law** comprises rules which govern the relationship and dealings between one country and another. For example, international law would govern the many trade agreements Singapore has signed with other countries around the world. **Domestic Law** comprises rules which govern everyone within the country itself. An example of this would be HDB laws or CPF laws. These laws would only apply within Singapore, and not in any other country. **[\ 3. Sources of law]** We often hear people say, 'According to the law you can't do that.' Or, 'The law says that it is our right.' But how correct are these statements? Where does the law come from? How can we check that something is against the law or not? **These are the sources of law in Singapore:** - The Constitution of Singapore - Legislation - Subsidiary Legislation - **Common law** - International conventions - English law **[3.1 The Constitution of Singapore]** The Constitution of Singapore is the most important statute of all. It is **the supreme law of the land** and it contains the fundamental set of laws governing the running of the country and the rights of the individuals. **All other laws enacted cannot conflict or be inconsistent with the Constitution.** No one, not even Parliament, can do anything that goes against the Constitution. For example: Art. 10 of the Constitution of Singapore states: \"all forms of forced labour are prohibited\" i.e. slavery is banned. Parliament CANNOT pass any law that forces you to work. Any such law passed would be *ultra vires* [^6^](#fn6){#fnref6.footnote-ref}. **Some of the [important] provisions set out in the Constitution include:** - the fundamental rights and liberties of the people of Singapore - the structure of the Government i.e. the President, the Prime Minister, and the Cabinet Ministers - the formation of Parliament, of the law-making body which comprises elected and non-elected Members of Parliament - the basic structure of the Public Service, the Armed Forces, Civil Service, Legal Service and the Police Force - the basic rights and obligations of the citizens. These rights are commonly referred to as fundamental liberties - the structure of the Judiciary, meaning the Courts - the structure of a watchdog body for the minority known as the Presidential Council for Minority Rights - the acquisition and deprivation of citizenship As with all statutes in Singapore, the Constitution of Singapore can be found online at. **Being the "supreme law of the land",** the provisions of the Constitution are more entrenched than other laws of the land and **cannot be easily amended or repealed.** For example, the constitution of some countries cannot be amended unless a referendum[^7^](#fn7){#fnref7.footnote-ref} is held. Even in Singapore, the constitution cannot be amended except by a **majority of not less than ⅔** of MPs (excluding NMPs). However, some provisions even require a **⅔ referendum --** eg. surrender of sovereignty. [**3.2** **Legislation**] **Legislation consists of laws enacted by Parliament**. Such legislation is officially known as an Act of Parliament but can also be referred to as a **'Statute'**. At present there are hundreds of Acts or Statutes in Singapore covering hundreds of subjects. You can access all of Singapore's statutes online at. Most but not all local statutes passed by our Parliament carry the word 'Act' at the end, signifying an Act of Parliament. Examples would be the **Housing and Development Board Act**; the **Bankruptcy Act**; the **Companies Act**; the **Employment Act**. Each Act covers a particular area of law. Therefore, if you wanted to know what the law on income tax in Singapore is, you would study the **Income Tax Act** because that Act is the source of law for income tax. Another example of a statute is the **Penal Code**. This Act is described as 'an Act to consolidate the law relating to criminal offences'. As the description suggests, the Penal Code deals with the criminal law in Singapore. It contains a total of 511 sections, setting out the details of many different crimes such as murder (Section 300), outraging modesty (s.354) and theft (s.378), to name a few. A statute starts life as a **bill**[^8^](#fn8){#fnref8.footnote-ref} and is passed by Parliament through a long and complicated process. You can find out more about this process in Part 6 of these notes. Statutes may be enacted by Parliament to govern almost every aspect of a person's life: from the minute they are born (requiring their birth to be registered) through their adolescent years (requiring them to go for compulsory education) to their behaviour (setting out what unacceptable behaviour constitutes as crimes) to whom and how they should marry and even to their death (how their bodies may be disposed of and requiring their deaths to be registered). The only constraint when enacting legislation is that it must not be inconsistent with the Constitution, the 'supreme law of the land'. It takes a statute to amend or repeal another statute. Because statutes are enacted by Parliament, only another constitutionally authorised Parliament may enact a statute to amend or remove another statute. Any amendment to a statute would require Parliament to vote by a majority - more than 50% of MPs. **[3.3 Subsidiary Legislation]** **Legislation also includes 'Subsidiary Legislation',** which are detailed rules and regulations related to a particular Act. The Act itself will outline the general or substantive law, while the subsidiary legislation will contain the finer details of how the law is to work in practice. An example is the **Bankruptcy Act** (statute) and the **Bankruptcy Rules** (subsidiary legislation). **[3.4 Common Law]**[^9^](#fn9){#fnref9.footnote-ref} The '**common law' (also known as 'case law' or 'judge-made law')** is a body of legal cases decided by the courts over the years. Every time a new case is heard in court, the judges will interpret legislation, apply it to that case, and make a decision (i.e. a 'judgement'). Over the years, we have a 'database' of thousands of court cases which make up our common law, and the list grows each day. Details of these judgements can be found in the law reports published by our courts each month. **You can read recent judgements of the Supreme Court at** [www.**supremecourt**.gov.sg](http://www.supremecourt.gov.sg) **and of the State Courts at** [**www.statecourts**.gov.sg](http://www.statecourts.gov.sg) **(click 'Judgments' on the top left panel).** The **common law** is an important source of our law as it allows our judges to look at past cases and ensure that their decisions are consistent with past decisions. In this way, we can be confident that our laws are being applied fairly and consistently over the years. **Common Law is different from statute or legislation** because it is not written as law but it becomes adopted as law out of custom or usage. When we say that Common Law is **\"not written\",** what is meant is that the law is not embodied in a statute. A good deal of English Common Law has come down in the recorded judgments of judges who interpreted legislation. These judgments have been recorded in court records, reports and text-books. Thus a good deal of Common Law can be found in cases. **An example of case law is the murder case of *Public Prosecutor v Wang Wenfeng \[2011\] SGHC 208*. Note that case law is identified by:** - **the case name: 'Public Prosecutor v Wang Wenfeng'** - **the year the case was reported: '\[2011\]'** - **the name of the law report in which it is published: 'SGHC' ('SGHC' stands for 'Singapore High Court')** - **the page number of the report: '208'** Every time judges (sitting in courts of sufficient superiority in the hierarchy of courts) make a decision they are making 'common law', 'case law'. Because almost any dispute (except those that are frivolous) may be brought before the courts for their learned decisions, case law contains principles of law touching on all aspects of life. A browse through the law reports will reveal cases on criminal, contractual, tortious, family, banking, international, environmental matters and more! When judges decide the cases that come before them, they follow decisions made by judges in previous cases where the facts are the same. However, a judge may not follow a previous decision if the facts are different, or if changes in society and the economy are strong enough to influence the judge to decide otherwise. **[3.5 International Conventions & Treaties]**[^10^](#fn10){#fnref10.footnote-ref} **These are agreements between two or more countries** on a wide range of issues, from trade and income tax to human rights and the environment. Countries come together at international forums and negotiate these agreements acceptable to at least a majority of the participating countries. Representatives of countries that find the agreement agreeable would sign the agreement on behalf of their respective countries. No country is ever forced to become a signatory to a convention. It is a matter of negotiation, proposal and counter proposal. After a country becomes a signatory to an international convention, for the convention to be effective **the home government of each country must ratify**[^11^](#fn11){#fnref11.footnote-ref} **the convention.** **Examples of international conventions that Singapore is a signatory to:** - [**The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)**](https://www.msf.gov.sg/policies/Women-Celebrating-Women/International-Obligations/Pages/default.aspx) - The CEDAW is a United Nations human rights treaty for women and consists of a preamble and 30 Articles defining what constitutes discrimination and how equality can be achieved. Singapore acceded to the Convention on 5 October 1995. - [**UN Convention on the Rights of Persons with Disabilities (UNCRPD)**](https://www.msf.gov.sg/policies/International-Conventions/Pages/UN-Convention-on-the-Rights-of-Persons-with-Disabilities-UNCRPD.aspx) - The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is a comprehensive convention to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Singapore acceded to the Convention on 18 July 2013. Any issue that is the subject of international concern could become the subject of international or regional conventions, for example, the haze situation in South East Asia, and laws to protect intellectual property and copyrights. Any country that wishes to formally change any provisions in an international agreement, will have to recommence dialog with the other signatories with a view to renegotiating and arriving at another agreeable treaty. Amendments cannot be made unilaterally. **[3.6 English Law]**[^12^](#fn12){#fnref12.footnote-ref} When we use the phrase 'English law' we refer to both statutes and case law from England. Even though Singapore gained independence from her colonial masters more than 50 years ago, our courts today still continue to cite English case law and statute as authoritative sources of laws applicable to Singapore. Why is this so? Historically, **all of English law was first made applicable to Singapore** by the 2^nd^ Charter of Justice of **27 November 1826, an official document given by the Queen Elizabeth I of England on the formation of the Straits Settlement**. Since independence, however, only a part of English law is now applicable in Singapore, namely: - only English common law up to 12 November 1993 and which was part of the law of Singapore continues to apply to Singapore. - only those English statutes listed in the First Schedule of the **Application of English Law Act**[^13^](#fn13){#fnref13.footnote-ref} (AELA) continue to apply to Singapore. Therefore, no English statute will apply as part of Singapore law unless it is expressly provided in the AELA or other written law. The AELA also makes it clear that if there is any inconsistency between the provisions of a local act and the provisions of the English statute, the provisions of the local act will apply. Since the AELA is the ultimate reference for English law that is applicable to Singapore, any change to the 'adopted' English law would therefore have to be made by the Singapore Parliament. **[\ 4. The Singapore Legal System]** The Singapore legal system is a **Common Law** system, which we inherited from the British. The common law system is one in which the law has been developed by custom and continues to be applied by the courts, even after the introduction of legislation. **In common law countries** such as Singapore, Malaysia and other Commonwealth Countries including the United States, cases are seen as the primary source of law, while statutes are seen as incursions into the common law and thus interpreted by the Courts narrowly. To understand what this means, we need to look at the situation from 3 angles: the historical angle, **the distinctive use of judicial precedents** and the importation of English law into Singapore by statute. We will also compare the common law system with the "civil law" system. **[4.1 The historical angle]** From the time Raffles founded Singapore in 1819 to 1965 when Singapore gained full political independence, the British influence on Singapore was almost total - from matters of trade to politics to the administration of justice. The Japanese Occupation (1942 to 1945) and the merger with Malaysia (1963 to 1965) only briefly interrupted this span of 146 years. Countries that have their roots in the British Empire would have the English 'common law' system. This includes the U.S.A., Canada, Australia, former British colonies in the West Indies, South Africa and other British colonies in Africa, Malaysia, India and Brunei. **[4.2 The use of judicial precedents]** A '***judicial precedent'*** is **a legal dispute that has been brought before a court of law, and in fact a decision on the case has already been handed down by the court/judge.** This case would then be used to decide the outcome of future similar cases. **The use of judicial precedents is critical** in English common law because the common law evolved from what was essentially judge-made law. What does this mean? Looking at it first from a historical point of view, common law came about at the heels of the feudal system. Under the feudal system, the king held ultimate power, and he exercised this power through appointed nobles. This was of course not the best of systems as a lot depended on the integrity of the king and his appointed nobles. In administering the law, the nobles would try to uphold good local customs and refuse to uphold bad ones. Through time and this process the 'common law' was established. And **to further promote certainty, uniformity and consistency in the law,** the doctrine of ***stare decisis*** (or in more modern language, the principle of using judicial precedents) was developed. **This doctrine basically means 'let the decision stand'.** Whenever a decision was made on a particular issue, the previous decision had to be followed in all subsequent cases with the same facts. This was the beginning of judicial precedent. Therefore, today, when a judge in a country that uses the common law system is faced with a dispute that has been brought before him, he will follow the reasoning of same-level or higher courts in previous but similar disputes i.e. **the decision is binding**. In this way, the cumulative reasoning of the judges, particularly those in the higher courts, gradually became principles of law. **That is why we say that the common law comprises mainly of judge-made law.** **[4.3 Common Law vs Equity]** **Equity** is a branch of law that developed in England to deal with inadequacies in the common law. **The word 'equity' means 'justice'.** When the courts in England applied the common law, they soon realised that the law was not always fair and at times it was even very unjust. For example, the courts on occasion had no choice but to sentence a thief to the death penalty, even when the items stolen were insignificant in value. Over time, the courts saw many examples of such unjust punishment especially in the realm of criminal law. In the commercial field, there are other examples of unjust laws. An example would be where a seller makes an agreement with the buyer to sell a piece of land to him. If the seller was to subsequently change his mind and breaks the agreement, all that the buyer can obtain from the seller is a sum of money, usually for loss of profits. But what if the buyer really wants the piece of land and not the money because the buyer himself has loads of money? The courts did not have a remedy from the common law for such a situation. Because the courts did not have an appropriate remedy, the people would appeal to the King of England for justice. Over time, the King's justice resulted in special types of remedies which were granted to deserving cases. This branch of law passed by the Chancellor became known as 'equity'. **The two most common equitable remedies (which we will learn about more in Contract Law) are 'specific performance' and the 'injunction'.** **[4.4 The Civil Law system]** The common law system is usually contrasted with the civil law system. **The civil law system is the system that is used by most countries that do not have historical ties with the British Empire e.g. France, Germany, Indonesia, and Thailand. It is a much older system of law.** **The biggest difference between these 2 systems** is the extent of reliance on judge-made laws. [Under the civil law system] practically every legal principle is captured in a legislative instrument or code. It does not use judicial precedents to the same extent that the common law system does. Most if not all of the principles of law found in the civil law system is embodied in legislation or codes. For example: if you need to find out what makes a legally binding contract in a civil law system, you will need to search for the specific legislation or code that sets out the law in this area. However, [under the common law system] you would have to look for the relevant principles of law in a series of decisions made by the courts over the years. **[4.5 'The Rule of Law']** No study of the law can start without first understanding the concept of '**rule of law**'. In a democratic country, the people select a smaller group of people and give them the power and authority to govern the country according to laws that have been set. This smaller group of people basically forms 'the government'. Having given the power and authority to the government, the people nevertheless need at the same time to be protected from potential abuses of power by the government. From there arose the concept of the 'rule of law'. **The Singapore legal system operates under a democratic framework, and the underlying philosophy behind our system is the concept of the 'rule of law'.** This essentially means that every person is subject to the law. Under this concept: - **The laws of the land govern every decision and happening that affects the people of the land.** No one can act arbitrarily. This includes everyone from the highest most powerful and influential person to the lowliest, humblest person in the land. The law is said to hold absolute supremacy as against arbitrary power exercised over the people. This means that the government must act in accordance with the law and not according to their own whims and fancies. A man may be punished for a breach of law, but he can be punished for nothing else. - **All are to be treated equally in accordance with the law.** For example, if a rich, - **The laws of the land, including constitutional rights, arise from Man's basic natural rights and not the reverse.** - **The concept of the 'rule of law' is the basic principle behind the system of government and the legal system of Singapore.** **\ [5. The 3 Arms of Government]** **Most western constitutional systems assume that there are 3 main kinds of government power namely legislative power, executive power and judicial power. These powers are exercised by 3 different branches. For example:** - **Legislative power is exercised by Parliament, executive power by the President, Prime Minister, members of his Cabinet and the various government departments and judicial powers by the courts.** - **The executive arm runs the country, set policies and implements the law passed by Parliament. The executive in turn proposes law to be passed by Parliament.** - **Parliament also gives the executive government, powers to make subsidiary legislation, but could override it. In that way, it saves a lot of time.** - **The separation of powers is a way of limiting power being concentrated in the hands of only one arm. If power is divided between different branches, no single branch can be too strong.** - **The separation of legislative and executive power is complicated in a parliamentary system like in Singapore. This is because Ministers who are at the centre of executive government are also Members of Parliament. Ministers come from the political party which has won the majority of seats in Parliament. And they remain in government so long as they have the support of Parliament. The legislature and executive although separate bodies are therefore closely linked.** - **The Courts too are separate from the other 2 branches and could override any laws made by Parliament, if it is against the provision of the supreme law known as the Constitution. This is important for the protection of individuals under the Constitution. The Constitution of Singapore can only be changed by a 2/3 majority in Parliament.** **The formation of the [government of Singapore] is provided for in the Singapore Constitution. There are 3 separate branches or arms to the government.** - **Legislature** - **Executive** - **Judiciary** **[\ ]** [**5.1 The Legislature** ] The Legislature in Singapore comprises **both the President and Parliament.** **The Legislature holds the main functions of making laws, discussing or resolving issues of national interest and exercising control over the Executive.** Our Head of State is the **President**, but the president has limited powers. The president serves more as a unifying figure for the whole country, regardless of race, religion or political persuasion. The real power lies with **Parliament**. Singapore is a republic with a parliamentary system of government. The Parliament in Singapore is modelled after the House of Commons at Westminster in England. We therefore say that our Parliament follows the '**Westminster model**'. Its basic character, functions and workings are essentially British in nature. The Singapore Parliament is **unicameral**. This means that there is only one 'house'. Some countries like Australia and the UK have 2 houses of Parliament, divided into a 'Upper House' and a 'Lower House'. In the UK, the Upper House is called the 'House of Lords' and the Lower House is called the 'House of Representatives'. In Australia, the Upper House is called the 'Senate' and the Lower House is called the 'House of Representatives'. Singapore is a democracy which means that it has a government of the people. The idea behind a democracy is that all the citizens of the country should have a say in the choice of their leaders and the making of laws which govern them. Ideally, all citizens should be able to assemble together to air their problems and suggestions for the smooth operation of their country. However, in a country of several million citizens, this is a practical impossibility. Hence a system has evolved where **citizens can be represented by their elected leaders who assemble on their behalf in an institution called the Parliament.** **The lifespan of Singapore's Parliament is 5 years.** This means that a **General Election** to elect new members to Parliament **must be called once every 5 years.** **[5.1.1 Functions of Parliament]** 3 main functions: - to **symbolise** the concept of **majority rule** (as opposed to other forms of government such as monarchies or oligarchies, where the masses are ruled by one person or a privileged few) - to **make laws** - to **control the** **executive** (Ministers and civil servants comprise the executive) in the exercise of its powers All enactments of Parliament must receive the President's assent before it can become law (more details in Part 6). **[5.1.2 Members of Parliament]** **Parliament is made up of Members of Parliament ('MPs').** In Singapore there are 3 different types of MPs: 1. **Elected MP:** These are MPs directly elected by the people. In Singapore, elected MPs represent either Single-Member Constituencies or Group Representation Constituencies ('GRC')[^14^](#fn14){#fnref14.footnote-ref}. A candidate standing for elections will be voted as an MP if he or she gets the highest number of votes from the constituents. 2. **Nominated MP ('NMP'):** In 1990, the Constitution was amended to allow for NMPs. The aim of this was to provide for independent and non-partisan views in Parliament. NMPs are nominated from among members of the public who have distinguished themselves either in public service or in their various fields of profession. They are appointed by special select committees and **hold their seats for 2.5 years only.** NMPs are subject to a maximum of 9 seats in Parliament. 3. **Non-Constituency MP ('NCMP'):** Unsuccessful Opposition Party Candidates who obtain the highest votes (of at least 15%) will be offered NCMP seats. This is **subject to a maximum number of 12 seats minus whatever number of seats the Opposition Parties successfully obtained through the election.** The aim of this is to allow opposition political parties to have a voice in Parliament. Presently, there are 2 NCMPs in Parliament. NMPs and NCMPs have all the rights, privileges and duties of elected MPs. However, they cannot vote on critical matters such as Constitutional amendments, money bills (i.e. bills that deal with the finances of the state...e.g. the budget), motions of no confidence in government, and motions to remove the President. **[5.1.3 Qualifications]** The full list of **qualifications to become an MP** are set out in **Article 44** of the Constitution, however, the following are three of the basic requirements: 1. 2. 3. at time of nomination, not be holding an 'office of profit' i.e. cannot be a public servant 4. have resided in Singapore for at least 10 years in total To be an MP, a person must also **not be disqualified** under the provisions of **Article 45**. Some of these disqualifications include: 5. 6. 7. 8. The organisational structure of Parliament includes **the Speaker, the Leader of the House, the Leader of the Opposition, and the Party Whip.** Find out from the Parliament of Singapore website [http://www.parliament.gov.sg/.] **[5.1.4 The Speaker of Parliament]** **Parliament is presided over by the Speaker** who is elected by Parliament from among its members following an election. **The Speaker\'s function** is to: - preside over Parliament - regulate the conduct of debates - ensure that equal opportunity is given for the voice of the minority to be heard - has the power to discipline errant members of Parliament **[5.1.5 Committees of Parliament]** Since Parliament is so large, it cannot deal with subjects which require detailed study and special expertise. To overcome this problem, smaller groups of people with the necessary know-how and who are representative of the House are appointed to [Parliamentary Committees] to study complicated Bills and advise the House on them. Examples of Parliamentary Committees are: - Committee of Selection - Public Accounts Committee - Standing Orders Committee **[\ ]** **[5.2 The Executive]** **The Executive** holds the **main function of seeing to the administration of the law and the daily administration of the nation.** The Executive branch consists of: - Elected President, - Prime Minister and his Cabinet of Ministers, - Civil Service, - Police, and - Attorney General's Chambers etc. **[5.2.1 Prime Minister and Cabinet of Ministers ]** The Singapore Executive is based on the **British Westminster system**. Under the Westminster system the legislative and executive branches of the government are fused. This means that it is a pre-requisite that the **Prime Minister and his Cabinet must first be elected Members of Parliament**. (*refer to 5.1.3 for qualification of Members of Parliament*) The President will then appoint the Member of Parliament who in his or her judgement is likely to **command the confidence of the majority** of Parliament as the **Prime Minister (PM)**. This is usually the leader of the majority party in Parliament. After the appointment of the PM, the President will then, acting in accordance with the advice of the Prime Minister, appoint the other Ministers from among the other Members of Parliament (*see Article 25 of Constitution*). **[5.2.2 Elected President]** While the **Elected President** performs many ceremonial duties as the titular Head of State, the President is bound to follow the advice of the PM and the Cabinet in most matters. The President is also said to hold the 'second key' to Singapore's reserves and to ensure that *nepotism* is not practiced in Singapore. Specifically, using his or her own discretion, the President could: - [withhold his or her assent to bills] concerning powers of CPF Board, President's powers, government borrowing or spending of reserves - [withhold his or her concurrence] to key appointments and budgets of Statutory Boards and government companies **[5.2.3 Qualification of Elected President]** The Elected President serves a 6-year term of office. The basic qualifications to become an Elected President are: - be a **Singapore citizen** and is not less than **45 years** of age - possesses the qualifications specified in Article 44(2)(*c*) and (*d*) (*on the register of electors and resident for at least 10 years*) - is not subject to any of the disqualifications specified in Article 45 (*same as MPs*) - satisfies the Presidential Elections Committee that he is a **person of integrity, good character and reputation** - is **not a member of any political party** on the date of his nomination for election - meets the '**public sector service requirement**'[^15^](#fn15){#fnref15.footnote-ref} OR meets the '**private sector service requirement**'[^16^](#fn16){#fnref16.footnote-ref} within the last 20 years: Additional information on qualifications can be found in **Article 19, 19A, 19B** of the **Constitution**. (***NOTE**: footnotes 15 & 16 details, Article 19A and 19B are for additional reading only and will not be tested.)* **[\ ]** **[5.3 The Judiciary]** The Judiciary in Singapore is vested in **the Supreme Court and the State Courts** (*Article 93 of the Constitution*). The Chief Justice and all other judges of the Supreme Court represent the highest judicial authority in Singapore. They are appointed by the President as advised by the PM. The **Supreme Court** consists of the Court of Appeal and the High Court. The **State Courts** on the other hand consist of the District Court, the Magistrates' Court and the various Specialist Courts (e.g. the Coroner's Court) The judiciary's **primary function** is to **interpret and uphold the law**. **[5.3.1 Judicial Hierarchy]** **The judicial hierarchy in Singapore is three-tiered**. The Court of Appeal at the apex; the High Court beneath that, followed by the State Courts. To be able to fully understand the structure and hierarchy of courts, it is prudent to first examine and understand the meaning of the word 'jurisdiction'. **[5.3.2 Meaning of Jurisdiction]** Law is administered by Judges sitting in courts. Different courts have different powers. The **power** that a court has is known as its jurisdiction i.e. 'jurisdiction' means the power of authority of the Court to hear or try a case. For example, if we say that the High Court has jurisdiction to hear a particular type of case it means that it can hear the case. If it has no jurisdiction then it cannot. There are specifically four types of jurisdiction: - **Criminal Jurisdiction --** this refers to a court's power to hear criminal cases i.e. actions brought by the State against a person for a particular crime. - **Civil Jurisdiction --** this refers to a court's power to hear cases involving civil claims brought by private parties eg. actions in contract, tort, debt collection - **Original Jurisdiction --** this refers to a court's power to hear a case when it is first being tried i.e. cases that has not been heard by any court before. - **Appellate Jurisdiction --** this refers to a court's power to hear a case on appeal from a lower court. Whether a court is superior, in other words higher, or inferior, in other words lower, to another depends on its position in the **judicial hierarchy (*refer 5.3.1*)**. Each court in the hierarchy would have a different combination of these 4 types of jurisdiction. Most courts can hear both civil and criminal actions, but there are some that may only hear civil cases. Some courts can exercise both these types of jurisdiction while some courts only have either original or appellate jurisdiction. The higher a court is in the hierarchy, the wider its jurisdiction. We will find out in the following section what this hierarchy and the corresponding jurisdiction is like. **[\ ]** **[5.3.3 The Singapore Court System]** **[5.3.3.1 Court of Appeal]** **The Court of Appeal** ('**CA**') is the **highest court** in the Singapore judicial system. The CA consists of the Chief Justice and the Justices of the Court of Appeal. An appeal before the CA is usually heard by three judges, however, certain appeals may be heard by two, five or any greater uneven number of judges. Decisions are arrived by the majority opinion of the judges hearing the case. And if a two-judge Court hears the appeal and the judges are divided, then the decision appealed against stands. The **jurisdiction** of the CA is: - The CA has **only appellate jurisdiction** i.e. it does not have original jurisdiction. - The CA has jurisdiction to hear: - **all criminal matters,** - **prescribed categories of civil appeals** set out in the Sixth Schedule to the Supreme Court of Judicature Act, and - **any other appeals** made to it **under written law** - However, these appeals must generally only come from the General Division of the High Court (*details on General Division in next segment*). Cases from the State courts cannot go on appeal directly to the CA. They must first go on appeal to the High Court. [Note]: The subject matter of a civil case must be of a sufficient 'size' (\$250,000) before it can go on appeal to the CA. Also, a criminal case that was tried at the District or Magistrates' Court can only be appealed to the High Court. There is no further right of appeal to the CA. **[5.3.3.2 High Court]** **The High Court** has been restructured into two Divisions with effect from 2 January 2021: i. the General Division of the High Court ("**General Division**"), AND ii. the Appellate Division of the High Court ("**Appellate Division**") **[(i) Appellate Division]** **The Appellate Division** is made up of Chief Justice and Judges of the Appellate Division. Appeals to the Appellate Division will usually be hard by three judges. However, certain appeals may be heard by two judges. The jurisdiction of the Appellate Division is: - Only civil jurisdiction - All civil appeals that are **NOT** allocated to the CA (*refer 5.3.3.1 above*) under the Sixth Schedule to the Supreme Court of Judicature Act. **[(ii) General Division]** **The General Division** is made up of the Chief Justice and Judges of the High Court. Normally all proceedings in the General Division are disposed before a single judge though exceptionally it may be heard by three judges. The **jurisdiction** of the General Division is: - it can hear both **civil and criminal case,** and in its **original and appellate** jurisdictions. - Although the civil original jurisdiction of the General Division is unlimited, i.e. there's no limit as to the size of the subject matter of the case, in practice only cases that are over the jurisdiction of the State Courts (*more details in next segment*) are heard at the General Division for the first time. This normally means civil cases above \$250,000 as that is the upper monetary limit of claims that the State Courts have jurisdiction over. - Similarly, there is no limit as to the type of criminal cases that could be brought before the General Division at first instance, but in practice it is usually the criminal cases that carry the death sentence or imprisonment for a term which exceeds 10 years that are first tried before the General Division The General Division also includes: - **The Singapore International Commercial Court** which is designed to deal with **transnational commercial disputes.** - **Family Division of the High Court** which is designed to hear full suite of **family-related cases**, e.g. divorce, family violence, adoption and guardianship. The Family Division will hear cases of first instance and appeals from the Family Courts and the Youth Courts (*more details on both courts in next segment*) Note: In addition to the Judges mentioned above, there are also Judicial Commissioners (**JCs**) who sit at the High Court. JCs are judges of the High Court employed on contractual terms of between 6 months and 2 years, though the contract is renewable for further periods of service. JCs have the same rights and privileges as Supreme Court Judges except that their tenure of service is limited contractually. It is not uncommon for a JC to be later appointed as a full-fledged Supreme Court Judge after they have served as JCs for a period of time. **[\ ]** **[5.3.3.3 State Courts]** The 2 major State courts are: - District Courts - Magistrates' Courts The other State courts that we examine would be the "specialist courts" because the jurisdictions they hold are very specific and "specialised': - Coroners' Courts - Community Court - Small Claims Tribunals - Family Justice Courts Unlike Supreme Court Judges, State Courts judges do not enjoy security of tenure. They are members of the Singapore Legal Service and are basically public servants. **[(i) District Court ]** - The District Court (DC) has only **original jurisdiction** to hear both **civil as well as criminal** cases. - In general, for civil cases, the DC has power only to hear cases where the subject matter is worth no more than **\$250,000.** - In general, for criminal cases, the DC has power only to hear offences for which the maximum term of imprisonment does not exceed **10 years** or which are punishable with fine only. **[(ii) Magistrates' Court]** - The Magistrates' Court (MC) has only **original jurisdiction** to hear both **civil as well as criminal** cases. - In general, for civil cases, the MC has power only to hear cases where the subject matter is worth no more than **\$60,000**. - In general, for criminal cases, the MC has power only to hear offences for which the maximum term of imprisonment is of up to **5 years** or punishable with fine. **[(iii) Coroners' Court]** - The main responsibility of the coroner is to ascertain the cause and circumstances of death where there is a reason to suspect that the death was in an unnatural manner i.e. violently, suddenly or in an unknown way. - Coroners are appointed in the same manner as magistrates. In practice, magistrates are concurrently appointed coroners. **[(iv) Community Court]** - On 1 June 2006, a Community Court was set up to hear cases involving offenders who are above 16 years but who are below the age of 18 years. - These are offenders who are probably too young to be tried in an adult court. - The Court was established to allow greater options in the sentencing of offenders, including the use of probation and long term counselling. **[(v) Small Claims Tribunals]** - The SCT has power only to hear **civil** disputes involving \"contracts for the sale of goods or the provision of services\" and for \"damage to property (except traffic accident cases)\" where the value of the subject matter **does not exceed \$20,000**. - However the jurisdiction of the SCT **may be increased to \$30,000** if both parties to the dispute agree to do so. - The SCT is presided over by a referee appointed by the President on the recommendation of the Chief Justice. The referee is also usually a magistrate. The SCT is primarily a consumer protection court. Two notable features of matters brought before the SCT are that they are disposed off speedily, and that lawyers are not permitted to represent the parties involved. **[(vi) Family Justice Courts]** The "Family Justice Courts" is the collective name for a body of courts which comprise: - **the Family Division of the High Court** (*note: this is part of the General Division of High Court -- refer 5.3.3.2 above*)**,** - **the Family Courts, and** - **the Youth Courts**. These Courts are administered by the Presiding Judge of the Family Justice Courts. The Family Justice Courts will hear the full suite of family-related cases including all divorce and related matters, family violence cases, adoption and guardianship cases, Youth Court cases, and applications for deputyship under the Mental Capacity Act; probate and succession. The 2 Family Justice Courts at the State Courts level are: a. **Family Court** - - - The judges in the Family Court are District Judges. b. **Youth Courts** - The Youth Courts, formerly known as the Juvenile Court, hear cases relating to children and young persons, for example, offences committed by youths, children beyond parental control, child protection cases under the Children and Young Person's Act (Cap. 38). - It has jurisdiction to try criminal offences triable by the DC or the MC that are brought against offenders under the age of 16. - However the Youth Court does not have exclusive jurisdiction to try such offences. The offence can still be tried in any other court e.g. if the offence is one that is triable only by the High Court, or if the offender is jointly charged with a person above 16 years. - The Youth Courts were created for the purpose of dealing with offences committed by offenders below the age of 16 years. A magistrate presides over a Youth Court but two advisers from a panel nominated by the President may assist them. Generally, the Youth Courts will deal with juveniles with a view towards reform and rehabilitation instead of penal sanctions. **[5.3.3.4 Syariah Court]** The Syariah Court presides over matrimonial, religious and related matters of the Muslim Community in Singapore. For the Syariah Court to have jurisdiction over a case, two (2) conditions must be satisfied: - All the parties must either be Muslim or have been married under Muslim law. - The dispute must relate to marriage, divorce, betrothal, nullity of marriage, judicial separation, the disposition or division of property on divorce or the payment of mas kahwin, maintenance and consolatory gifts. The Syariah Court is a special court which does not belong to the same hierarchy as the mainstream civil and criminal courts of Singapore. It is a religious court, having a hierarchy of its own. It comes under the purview of the Administration of Muslim Law Act (Cap 3, 2009 Revised Edition). The laws that it applies are basically Muslim laws as laid down by the religious leaders of the Muslim faith. **[\ ]** **[5.3.3.5 Alternative Dispute Resolution]** The State Courts encourage the parties to explore alternative processes which may be more suitable for resolving legal disputes. These are generally less costly and time consuming alternatives for parties to resolve their dispute before resorting to a trial in court. **[(i) Arbitration ]** - Arbitration is a process where parties agree to resolve the dispute by bringing the matter before a neutral third party, i.e. an arbitrator, for decision. - During an arbitration hearing, both parties, with their respective lawyers, will present their case to the arbitrator. - The **arbitrator** will make a binding decision based on the merits of the case, i.e. the parties must obey the arbitrator's decision. - The Law Society of Singapore provides low-cost arbitration services through the Law Society Arbitration Scheme (LSAS). [**(ii) Mediation** ] - Mediation is a process in which a neutral third party, i.e. a mediator, facilitates and guides the parties in negotiating a mutually acceptable settlement to their dispute. - The **mediator** does not determine who is at fault in the dispute. Instead, he helps the parties to focus on finding solutions that meet their concerns, without forcing a decision on either party. - Mediation is a service provided by the Primary Dispute Resolution Centre (PDRC) of the State Courts and the Singapore Mediation Centre. [**(iii) Neutral Evaluation** ] - Neutral Evaluation is conducted by a neutral third party, i.e. **an evaluator**, who will review the case and provide an early assessment of the merits of the case. - During Neutral Evaluation, the parties, with their respective lawyers, will present their case and the key evidence to the evaluator. The evaluator will then provide his best estimate of the parties' likelihood of success at trial. - Neutral Evaluation is a service provided by the PDRC where a judge will be your evaluator. Additional information about these ADR options: www.statecourts.gov.sg\>Civil Justice Division\>Court Dispute Resolution/Mediation (for Mediation and Neutral Evaluation) and www.lawsociety.org.sg/lsas (for Arbitration). **[\ ]** **[5.4 The Separation of Powers]** Also inherent to a democratic government is the doctrine of the **separation of powers**. This means that each arm of the government must be structured in such a way to ensure that they each carry out their functions without fear or restraint from another arm. In other words, the power and authority to govern the country must be properly distributed so that each arm of the government acts as an effective check and balance on the other two arms to prevent the abuse of power and to uphold the rule of law. Why must this be so? Well, imagine this scenario: in a country called Paradise Land, when a case comes up for decision by the court, the judge impartially decides in favour of Party X. The Prime Minister however, feels that Party Y should win the case. He reprimands the judge, in fact demotes the judge and imposes his own decision on the case. Would Paradise Land be considered a democratic country? Who holds the powers in such a country? What are the chances of abuse of power in such a country? In Singapore there are many provisions in the Constitution that guard against the possibility of absolute power falling within the hands of one arm of the government. We refer to this as the '**circle of checks and balances**'. For example, while it is the function of Parliament to pass laws, it may not pass any law that infringes on the provisions of the Constitution. If such laws are passed, then it is for the Courts to declare that such laws are *null and void*, in other words, 'invalid'. Here's another example: Besides interpreting and upholding the law, the Judiciary also has the power to review the validity or legality of acts, decisions and omissions of administrative authorities. This includes the Ministers, statutory tribunals and other members of the Executive. This function is known as the function of **judicial review**. Thus, as a result of each arm of government having distinct powers and functions from the other arms, no one arm of government will be allowed to hold absolute power. There are 2 main 'systems' of separation of powers: - **'Pure'** separation of powers occurs where there are no overlaps at all between the different branches of government; no individual is allowed to be a member of more than one branch at the same time, but this may be hard to achieve in reality - **'Fused/partial'** separation of powers occurs where there are overlaps across different branches of government **[\ 6. Parliament and the Making of Law in Singapore]** As discussed in 5.1 above, one of the main functions of Parliament is to make laws. Each piece of legislation in Singapore begins life as a Bill i.e. a draft statute. There are 2 types of Bills: - **Government Bill:** Government Bills originate in the various Ministries and government departments and are drafted by the legal officers of the Attorney-General\'s Chambers. - **Private Member's Bill:** In this type of Bill, a private Member initiates, conceptualises and finalises the drafting of the Bill for presentment to Parliament. Once the Bill is ready, it will be introduced in Parliament, and then it must go through a process of three 'readings' and receive approval before becoming law. **[6.1 Introduction of Bills]** Before a Bill can be read, it must first be introduced into Parliament. Two days\' notice must be given for Government Bill, four days\' notice for Private Member's Bill. Each Bill goes through the following process: **[6.2 Three Readings in Parliament]** **1^st^ Reading**: The member or the Minister introducing the Bill will read aloud the [long] title of the Bill. The Bill is then presented to the Clerk of Parliament who reads aloud its [short title]. A date is set for the 2^nd^ reading and the Bill is circulated to the Members in Parliament 7 clear days before the 2nd reading. There is no debating and no voting. **2^nd^ Reading:** At the 2^nd^ Reading, the Minister-in Charge or Member moving or proposing the Bill delivers a speech explaining the objectives of the Bill and why it is necessary. Parliament (also called \"the House\") then debates the Bill after which the Minister-in Charge or Member sums up the debate and replies to the points raised by the Members. You will hear both arguments for and against the Bill. After the debate, the Minister will reply to the points made by the MPs. A vote is then taken. Excertps of these debates are televised and reported in the press. **[Submission to the Select Committee]** After its 2^nd^ Reading, a Bill may be sent to a Parliamentary Select Committee or it may be committed to the House. - If the Bill is sent to a Parliamentary Select Committee, the Committee will examine the Bill, invite opinions from the public, conduct the necessary research and investigations and report its findings and recommendations to the House. - If the Bill is committed to the House, the House will itself deliberate the Bill in great detail. Amendments to the Bill may be made at this stage. **3rd Reading:** This is the final reading of the Bill. This stage is a formality. Any debate at the Third Reading is limited to only minor amendments, for example, corrections of typographical errors. This is to prevent any repetition of proceedings since Parliament had already approved the Bill at the Second Reading and in Committee. If any MP disagrees with the Committee's amendments or wishes to propose further amendments, the Bill can be recommitted to a Committee of the whole Parliament for consideration. **[6.3 Presidential Assent]** **[Presidential Council for Minority Rights (the Approval Stage)]** Next, the Bill is sent to the Presidential Council for Minority Rights for their scrutiny. The Council consists of a chairman and 14 members who are appointed by the President on the advice of the Cabinet. The people who sit on the Council must be mature, respected citizens who have rendered distinguished public service and who were not members of any political party at the time of their appointment. The Council's primary function of ensuring that there are no elements in the proposed legislation that discriminate against any racial or religious community. The Council has 30 days to consider the Bill and make a report to the Speaker. If no report is submitted, it is presumed that the Bill contains no discriminatory features. If, however, an adverse report is made to Parliament, Parliament can either: - amend the Bill and resubmit it to the Council; or - nevertheless send the Bill for Presidential assent if 2/3rds or more of the total membership of the House had voted in favour of presenting the Bill. However the following types of Bills **need not** be presented to the Council: - Money Bills - Bills certified by the Prime Minister as those that affect the security of Singapore - Bills certified by the Prime Minister as so urgent that it is not in the public interest to delay their enactment i.e. Bills presented on a Certificate of Urgency. **[Presidential Assent]** The Bill is then submitted to the President for his/her assent. Once the President assents, the Bill becomes law and comes into force on the date of its publication in the Government Gazette or such other date as may be set by the Act. **More details on the law-making process can be found on the Parliament website [www.parliament.gov.sg] under the 'Education' link. A list of new Bills being introduced in Parliament can be found on the 'Publications/Bills Introduced' link.** **\* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \*** ***\ EDUCATION FACTSHEET:* HOW ARE LAWS MADE? (print this document)** Produced by Education & Publicity Department, Parliament of Singapore **Additional Reading** **Textbooks** Chandran, R. (2020). *Introduction to business law in Singapore.* (6th ed.). Singapore: McGraw Hill Loo, W. (2020) Principles of Singapore Business Law (3^rd^ ed.). Singapore: Cengage. ==================================================================================== Singapore government websites: ============================== Parliament of Singapore [www.parliament.gov.sg](http://www.parliament.gov.sg/) Supreme Court [www.supremecourt.gov.sg](http://www.supremecourt.gov.sg/) State Court [www.statecourts.gov.sg](http://www.statecourts.gov.sg/) ::: {.section.footnotes} ------------------------------------------------------------------------ 1. ::: {#fn1} Oxford English Dictionary[↩](#fnref1){.footnote-back} ::: 2. ::: {#fn2} Cambridge Dictionaries Online[↩](#fnref2){.footnote-back} ::: 3. ::: {#fn3} For example, Probate and Intestacy Law deals with how assets are distributed upon a person's death[↩](#fnref3){.footnote-back} ::: 4. ::: {#fn4} Cambridge Dictionaries Online[↩](#fnref4){.footnote-back} ::: 5. ::: {#fn5} For example, adultery is a crime in Taiwan for which offenders can be put in jail[↩](#fnref5){.footnote-back} ::: 6. ::: {#fn6} ***Ultra vires*** - When something is done without proper authority, or beyond powers that are given, it is said to be *ultra vires*[↩](#fnref6){.footnote-back} ::: 7. ::: {#fn7} **referendum** - a vote in which the people of the country are asked to agree or disagree with a particular policy.[↩](#fnref7){.footnote-back} ::: 8. ::: {#fn8} ***a bill*** - a draft law[↩](#fnref8){.footnote-back} ::: 9. ::: {#fn9} Note**:** The term 'common law' is used in more than one way. It can be used to refer to either to the collection of cases that are a source of law. It can also be used to describe a system of law (see part 4 below).[↩](#fnref9){.footnote-back} ::: 10. ::: {#fn10} Though the following terms have distinct meanings, for the purposes of these notes, they are used interchangeably: **Convention** - An agreement between states, sides, or military forces, especially an international agreement dealing with a specific subject, such as the treatment of prisoners of war. **Treaty -** A formal agreement between two or more states, as in reference to terms of peace or trade. **Protocol -** The first copy of a treaty or other such document before its ratification.[↩](#fnref10){.footnote-back} ::: 11. ::: {#fn11} ***ratify*** - to approve and give formal sanction to; confirm.[↩](#fnref11){.footnote-back} ::: 12. ::: {#fn12} For the purposes of this subject, there will be no discussion of the historical controversies of s. 5 of the Civil Law Act.[↩](#fnref12){.footnote-back} ::: 13. ::: {#fn13} Cap. 7A, 1994 Revised Edition[↩](#fnref13){.footnote-back} ::: 14. ::: {#fn14} GRCs were created by a 1988 amendment to the Constitution to provide for representation in Parliament of minority races. The features of a GRC are:- they are made up of up to 6 members all of them must belong to a single political party/independent candidates standing as a at least one member must come from a minority racial community e.g Malay, Indian.[↩](#fnref14){.footnote-back} ::: 15. ::: {#fn15} Public sector service requirement includes: held office as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the PSC, Auditor-General, Accountant-General or Permanent Secretary for period of 3 or more years; OR served as chief executive of a statutory board or government company listed in the Fifth Schedule for 3 or more years; OR served in a public sector office and satisfies the PEC that he has comparable experience and ability (with the above persons) and has the experience and ability to effectively carry out the functions and duties of the President for 3 or more years; OR served for 2 periods of one or more years each in any of the above offices (and the 2 periods add up to 3 or more years)[↩](#fnref15){.footnote-back} ::: 16. ::: {#fn16} Private sector service requirement includes: served as the chief executive of a company, with the most recent period of service lasting 3 or more years (within the last 20 years, and ignoring service periods of less than a year), and the company has an average of at least \$500 million in shareholders' equity for his most recent 3-year period of service; the company, on average, makes profit after tax for the entire time (continuous or otherwise) that he has served as the chief executive; and if the person has ceased to be the chief executive, the company has not been subject to any insolvency event on the date of the writ of election or the date falling 3 years after the last day of his service, whichever is earlier; OR served for a period of 3 or more years (within the last 20 years) in an office in a private sector organisation, and the PEC is satisfied (having regard to the nature of the office, the size and complexity of the private sector organisation and his performance in the office) that he has comparable experience and ability (with the above chief executives) and has the experience and ability to effectively carry out the functions and duties of the President; OR served for 2 periods of one or more years each in any of the above offices (and the 2 periods add up to 3 or more years).[↩](#fnref16){.footnote-back} ::: :::

Business Law Notes (BLM1007) - Introduction to Singapore Legal System PDF

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