There are three general sources of Singapore law: legislation, judicial precedents (case law), and custom.See, generally, ch. 6 of .
Legislation is divided into statutes and subsidiary legislation. Statutes are written laws enacted by the Singapore Parliament, as well as by other bodies that 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 Statutes enacted by these other bodies may still be in force if they have not been repealed. One particularly important statute is the Constitution of the Republic of Singapore, which is the supreme law of Singapore. Any law the Legislature enacts after the commencement of the Constitution that 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 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.
Legislation Legislation, or statutory law, can be divided into statutes and subsidiary legislation.
Statutes Statutes 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 Statutes enacted by these other bodies may still be in force if they have not been repealed. One particularly important statute is the Constitution of the Republic of Singapore,The current version is the 1999 Reprint. which is the supreme law of Singapore. Any law the Legislature enacts after the commencement of the Constitution that is inconsistent with it is, to the extent of the inconsistency, void., Art. 4. 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 bill, which is usually introduced in Parliament by a government minister.Bills may also be introduced by private Members of Parliament (MPs), although this rarely occurs. 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:
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 as 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:
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 Fund, 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 must signify that the President has recommended the introduction of the bill, otherwise it may not be introduced in Parliament.Constitution, Art. 59(2); S.O. 67(1). This procedure is unnecessary for a bill that merely provides for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered: Constitution, Art. 59(3).
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 committeeS.O. 1(1) (definition of "Committee of the whole Parliament"). and discuss the bill clause by clause. Bills that are more controversial, or that require the views of interested groups or the public, are often referred to a select committee. This is a committee of selected MPs who invite interested people 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 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.Constitution, Art. 5(2).
The bill will ordinarily take at least two Parliament sittings to be passed in the Parliament, with the first reading being a separate sitting from the subsequent two readings. However, an urgent bill accompanied by a Certificate of Urgency signed by the President may have all of its three readings done in the same sitting.
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 Rights (PCMR). The PCMR's responsibility is to draw attention to any legislation that, in its opinion, is a "differentiating measure", that is, one that 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:Constitution, Art. 78(7). Money Bills;The term Money Bill is defined in the Constitution, Art. 68. A bill is deemed a Money Bill if the Speaker certifies in writing that, in his opinion, it is a Bill to which the definition of "Money Bill" contained in Article 68 applies. The Speaker's certificate is conclusive for all purposes and not open to question in any court. No Money Bill shall be presented to the President for assent unless it is accompanied by the Speaker's certificate: Art. 78(8). Bills the Prime Minister certifies as affecting the defence or security of Singapore, or that relate to public safety, peace or good order in Singapore Bills the Prime Minister certifies are so urgent that it is not in the public interest to delay 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.Constitution, Arts. 21(1) and (2). Therefore, except in certain instances 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:".Constitution, Art. 60.
The President may act in his discretion in withholding assent to any of the following types of bills passed by Parliament:Constitution, Art. 21(2)(c).
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.Constitution, Art. 5A. This provision, not yet brought into operation, does not apply to bills seeking to amend the Constitution listed in Art. 5(2A), which may not be passed by Parliament unless supported at a national referendum by not less than two-thirds of the total number of votes cast by electors. 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.Constitution, Art. 22H. 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 Fund.Constitution, Art. 22E. 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 reserves of the Government that the Government did not accumulate in its current term of office.Constitution, Art. 144(2).