# legal_provisions

document_id: coa-1967
provision_ref: s379
chapter: PART 11 - VARIOUS TYPES OF COMPANIES, ETC.
section: 379
title: Register of members of foreign companies
content:
379. —(1) A foreign company registered under this Division on or after 31 March 2017 must, within 30 days after it is registered — ( a ) keep a register of its members at its registered office in Singapore or at some other place in Singapore; and ( b ) lodge a notice with the Registrar specifying the address at which the register of members is kept. [15/2017] (2) A foreign company registered under this Division before 31 March 2017 must, within 60 days after that date — ( a ) keep a register of its members at its registered office in Singapore or at some other place in Singapore; and ( b ) lodge a notice with the Registrar specifying the address at which the register of members is kept. [15/2017] (3) If there is any change in the address at which the register of members mentioned in subsection (1) or (2) is kept, the foreign company must, within 30 days after the change, lodge a notice of the change with the Registrar. [15/2017]


document_id: coa-1967
provision_ref: s380
chapter: PART 11 - VARIOUS TYPES OF COMPANIES, ETC.
section: 380
title: Contents of register and index of members of foreign companies
content:
380. —(1) The register of members of a foreign company required to be kept under section 379 must contain the following particulars: ( a ) the names and addresses of the members of the foreign company; ( b ) the date on which the name of each person was entered in the register as a member; ( c ) the date on which any person who ceased to be a member during the previous 7 years so ceased to be a member; ( d ) in the case of a foreign company having a share capital — (i) a statement of the shares held by each member, distinguishing each share by its number (if any) or by the number (if any) of the certificate evidencing the member’s holding and of the amount paid or agreed to be considered as paid on the shares of each member; and (ii) such particulars of the shares held by each member, including the date of every allotment of shares to members and the number of shares comprised in each allotment; ( e ) such other particulars as may be prescribed. [15/2017] (2) Every foreign company having more than 50 members must, unless the register of members is in such a form as to constitute in itself an index — ( a ) keep an index in convenient form of the names of the members; ( b ) within 14 days after the date on which any alteration is made in the register of members, make any necessary alteration in the index; and ( c ) keep the index at the same place as the register of members. [15/2017] (3) The index must in respect of each member contain a sufficient indication to enable the account of that member in the register to be readily found. [15/2017] (4) If there is any change in the particulars mentioned in subsection (1) contained in the register of members of a foreign company, the foreign company must, within 30 days after the change, update the register of members to reflect the change. [Act 2 of 2022 wef 30/05/2022]


document_id: coa-1967
provision_ref: s381
chapter: PART 11 - VARIOUS TYPES OF COMPANIES, ETC.
section: 381
title: Register to be prima facie evidence
content:
381. A register of members of a foreign company kept under section 379 is prima facie evidence of any matter which the register is required under this Division to be contained. [15/2017]


document_id: coa-1967
provision_ref: s382
chapter: PART 11 - VARIOUS TYPES OF COMPANIES, ETC.
section: 382
title: Certificate as to shareholding
content:
382. A certificate made under the seal of a foreign company (or in any manner permitted for certificates of such type by the laws of the country or territory in which the foreign company is incorporated or established) specifying any shares held by any member of that company and registered in the register of members of the foreign company kept under section 379 is prima facie evidence of the title of the member to the shares and the registration of the shares in that register. [15/2017]


document_id: coa-1967
provision_ref: s383
chapter: PART 11 - VARIOUS TYPES OF COMPANIES, ETC.
section: 383
title: No civil proceedings to be brought in respect of bearer shares or share warrants
content:
383. —(1) Any allotment, issue, sale, transfer, assignment or other disposition in Singapore of any bearer share or share warrant by a foreign company registered under this Division is void. [15/2017] (2) No civil proceedings may be brought or maintained in any court for or in respect of any bearer share or share warrant allotted, issued, sold, transferred, assigned or disposed by a foreign company registered under this Division. [15/2017]


document_id: coa-1967
provision_ref: s384
chapter: PART 11 - VARIOUS TYPES OF COMPANIES, ETC.
section: 384
title: Application of provisions of Act
content:
384. Regulations made under section 411 may — ( a ) provide for — (i) the application of any provision of Division 7 of Part 4 relating to the transfer of shares in a company to the transfer of shares in a foreign company; and (ii) the application of Division 4 of Part 5 relating to the register of members to the register of members of a foreign company, subject to such adaptations, modifications or additions as may be prescribed; and ( b ) exempt any foreign company or class of foreign companies from all or any provision of this Division. [15/2017] 385. [ Repealed by Act 15 of 2017 ]


document_id: coa-1967
provision_ref: s386
chapter: PART 11 - VARIOUS TYPES OF COMPANIES, ETC.
section: 386
title: Penalties
content:
386. If default is made by any foreign company in complying with any provision of this Division, other than a provision in which a penalty or punishment is expressly mentioned, the company and every officer of the company who is in default and every authorised representative of the company who knowingly and wilfully authorises or permits the default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and also to a default penalty. [36/2014]


document_id: coa-1967
provision_ref: s386AA
chapter: PART 11A - REGISTER OF
section: 386AA
title: Application of this Part
content:
386AA. —(1) This Part applies to — ( a ) all companies other than a company that is set out in the Fourteenth Schedule; and ( b ) all foreign companies registered under Division 2 of Part 11 other than a foreign company that is set out in the Fifteenth Schedule. [15/2017] (2) The obligation to comply with this Part extends to all natural persons, whether resident in Singapore or not and whether citizens of Singapore or not, and to all entities, whether formed, constituted or carrying on business in Singapore or not. [15/2017] (3) This Part extends to acts done or omitted to be done outside Singapore. [15/2017]


document_id: coa-1967
provision_ref: s386AB
chapter: PART 11A - REGISTER OF
section: 386AB
title: Interpretation of this Part
content:
386AB. In this Part, unless the context otherwise requires — “approved exchange” means an approved exchange as defined in section 2(1) of the Securities and Futures Act 2001; “controller” means an individual controller or a corporate controller; “corporate controller”, in relation to a company or a foreign company, means a legal entity which has a significant interest in, or significant control over, the company or the foreign company, as the case may be; “individual controller”, in relation to a company or a foreign company, means an individual who has a significant interest in, or significant control over, the company or the foreign company, as the case may be; “legal entity” means any body corporate formed or incorporated or existing in Singapore or outside Singapore and includes a foreign company; “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005; “member of the public” includes — ( a ) in the case of a company — any member of the company acting in the member’s capacity as such; and ( b ) in the case of a foreign company — any member of the foreign company acting in the member’s capacity as such; “register of controllers” or “register” — ( a ) in relation to a company to which this Part applies — means the register that the company is required to keep of its registrable controllers under section 386AF(1), (1A), (2) or (3); and [Act 23 of 2024 wef 16/06/2025] ( b ) in relation to a foreign company to which this Part applies — means the register that the foreign company is required to keep of its registrable controllers under section 386AF(4), (4A), (5) or (6); [Act 23 of 2024 wef 16/06/2025] [ Deleted by Act 22 of 2024 wef 09/06/2025 ] “significant control”, in relation to a company or a foreign company, has the meaning given in the Sixteenth Schedule; “significant interest”, in relation to a company or a foreign company, has the meaning given in the Sixteenth Schedule. [15/2017]


document_id: coa-1967
provision_ref: s386AC
chapter: PART 11A - REGISTER OF
section: 386AC
title: Meaning of “registrable”
content:
386AC. For the purposes of this Part, in relation to a company ( X ) or a foreign company ( X ), a controller ( A ) is registrable unless — ( a ) A ’s significant interest in or significant control over X is only through one or more controllers ( B ) of X ; ( b ) A is a controller of B (or each B if more than one); and ( c ) B (or each B if more than one) is either — (i) a company, or foreign company to which this Part applies, that is required to keep a register of controllers under section 386AF; (ii) a company that is set out in the Fourteenth Schedule; (iii) a foreign company that is set out in the Fifteenth Schedule; (iv) a corporation which shares are listed for quotation on an approved exchange; (v) a limited liability partnership to which Part 6A of the Limited Liability Partnerships Act 2005 applies, that is required to keep a register of controllers of limited liability partnerships under that Act; (vi) a limited liability partnership that is set out in the Sixth Schedule to the Limited Liability Partnerships Act 2005; (vii) a trustee of an express trust to which Part 7 of the Trustees Act 1967 applies; or (viii) a VCC. [15/2017; 44/2018]


document_id: coa-1967
provision_ref: s386AD
chapter: PART 11A - REGISTER OF
section: 386AD
title: State of mind of corporation, unincorporated association, etc.
content:
386AD. —(1) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of the officer’s, employee’s or agent’s actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. [15/2017] (2) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of the employee’s or agent’s actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [15/2017]


document_id: coa-1967
provision_ref: s386AE
chapter: PART 11A - REGISTER OF
section: 386AE
title: Meaning of “legal privilege”
content:
386AE. —(1) For the purposes of this Part, information or a document is subject to legal privilege if — ( a ) it is a communication made between a lawyer and a client, or a legal counsel acting as such and the legal counsel’s employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be; ( b ) it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be; ( c ) it is a communication made — (i) between a client, or an employer of a legal counsel, and another person; (ii) between a lawyer acting for a client and either the client or another person; or (iii) between a legal counsel acting as such for the legal counsel’s employer and either the employer or another person, in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party; ( d ) it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph ( a ) or ( b ) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or ( e ) it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph ( c ) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party, but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose. [15/2017] (2) In subsection (1) — “client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client; “employer”, in relation to a legal counsel, includes — ( a ) if the employer is one of a number of corporations that are related to each other under section 6, every corporation so related as if the legal counsel is also employed by each of the related corporations; ( b ) if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of the legal counsel’s duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and ( c ) an employee or officer of the employer; “lawyer” means a solicitor or a professional legal adviser, and includes an interpreter or other person who works under the supervision of a solicitor or a professional legal adviser; “legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act 1893, and includes an interpreter or other person who works under the supervision of a legal counsel. [15/2017]


document_id: coa-1967
provision_ref: s386AF
chapter: PART 11A - REGISTER OF
section: 386AF
title: Register of controllers
content:
386AF. —(1) A company incorporated on or after 31 March 2017 but before the appointed day, must keep a register of its registrable controllers not later than 30 days after the date of the company’s incorporation. [15/2017] [Act 23 of 2024 wef 16/06/2025] (1A) A company incorporated on or after the appointed day must keep a register of its registrable controllers starting on the date of the company’s incorporation. [Act 23 of 2024 wef 16/06/2025] (2) A company incorporated before 31 March 2017 must keep a register of its registrable controllers not later than 60 days after that date. [15/2017] (3) If a company that is not a company to which this Part applies subsequently becomes a company to which this Part applies, the company must keep a register of its registrable controllers not later than 60 days after the date on which this Part applies or re‑applies to the company. [15/2017] (4) A foreign company registered under Division 2 of Part 11 on or after 31 March 2017 but before the appointed day, must keep a register of its registrable controllers not later than 30 days after the date of the foreign company’s registration. [15/2017] [Act 23 of 2024 wef 16/06/2025] (4A) A foreign company registered under Division 2 of Part 11 on or after the appointed day must keep a register of its registrable controllers starting on the date of the foreign company’s registration. [Act 23 of 2024 wef 16/06/2025] (5) A foreign company registered under Division 2 of Part XI before 31 March 2017 must keep a register of its registrable controllers not later than 60 days after that date. [15/2017] (6) If a foreign company that is not a foreign company to which this Part applies subsequently becomes a foreign company to which this Part applies, the foreign company must keep a register of its registrable controllers not later than 60 days after the date on which this Part applies or re‑applies to the foreign company. [15/2017] (7) A company or foreign company must ensure that its register — ( a ) contains such particulars of the company’s or foreign company’s registrable individual controllers and registrable corporate controllers as may be prescribed; ( aa ) contains the note and prescribed particulars required under section 386AFA(3), if applicable; [Act 2 of 2022 wef 04/10/2022] ( b ) is updated if any change to the prescribed particulars mentioned in paragraph ( a ) or ( aa ) occurs; and [Act 2 of 2022 wef 04/10/2022] ( c ) is kept in such form and at such place as may be prescribed. [15/2017] (8) A company or foreign company must enter the particulars in its register and update the register within the prescribed time and in the prescribed manner. [15/2017] (9) A company or foreign company must — ( a ) enter the particulars of any controller in its register, or update the particulars of that controller in the register, after the particulars of that controller are confirmed by the controller; or ( b ) if the company or foreign company does not receive the controller’s confirmation, enter or update the particulars with a note indicating that the particulars have not been confirmed by the controller. [15/2017] (10) For the purposes of subsection (9)( a ), the particulars of the controller to be entered, or updated, in a register must be confirmed by the controller in the prescribed manner. [15/2017] (11) Subject to section 386AM, a company or foreign company must not disclose, or make available for inspection, a register or any particulars contained in the register to any member of the public. [15/2017] (12) If a company fails to comply with — ( a ) subsection (1), (1A), (2) or (3), whichever is applicable; or [Act 23 of 2024 wef 16/06/2025] ( b ) subsection (7), (8), (9) or (11), the company, and every officer of the company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025] (13) If a foreign company fails to comply with — ( a ) subsection (4), (4A), (5) or (6), whichever is applicable; or [Act 23 of 2024 wef 16/06/2025] ( b ) subsection (7), (8), (9) or (11), the foreign company, and every officer of the foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025] (14) In this section, “appointed day” means the date of commencement of section 4 of the Companies and Limited Liability Partnerships (Miscellaneous Amendments) Act 2024. [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AFA
chapter: PART 11A - REGISTER OF
section: 386AFA
title: Additional particulars
content:
386AFA. —(1) This section applies where a company or foreign company knows, or has reasonable grounds to believe — ( a ) that the company or foreign company has no registrable controller; or ( b ) that the company or foreign company has a registrable controller but has not been able to identify the registrable controller. (2) Where this section applies, each director with executive control and each chief executive officer of the company or foreign company is, subject to subsection (9), taken to be a registrable controller of the company or foreign company for the purposes of this Part. (3) Where this section applies, the company or foreign company must enter the following in its register of controllers: ( a ) a note stating — (i) that the company or foreign company knows, or has reasonable grounds to believe, as the case may be — (A) that the company or foreign company has no registrable controller; or (B) that the company or foreign company has a registrable controller but has not been able to identify the registrable controller; and (ii) that each director with executive control and each chief executive officer of the company or foreign company is taken to be a registrable controller of the company or foreign company under subsection (2); ( b ) the prescribed particulars of each director with executive control and each chief executive officer of the company or foreign company. (4) A company or foreign company must enter the matters mentioned in subsection (3) in its register of controllers within the prescribed period after — ( a ) in the case of a company or foreign company that knows, or has reasonable grounds to believe, that it has no registrable controller — the date on which the company or foreign company knows, or has reasonable grounds to believe, that the company or foreign company has no registrable controller; or ( b ) in the case of a company or foreign company that knows, or has reasonable grounds to believe, that it has a registrable controller but has not been able to identify the registrable controller — the date on which the company or foreign company, having taken the reasonable steps required by section 386AG(1), forms the opinion that it is unable to identify the registrable controller. (5) A company or foreign company must, within the prescribed period after the date on which the company or foreign company knows, or has reasonable grounds to believe, that any change in the particulars entered in its register of controllers under subsection (3)( b ) has occurred, update its register of controllers to reflect the change. (6) If a company or foreign company mentioned in subsection (1) enters the particulars of a registrable controller in its register of controllers under section 386AF(9), the company or foreign company must, at the same time, enter in its register of controllers a note stating — ( a ) that each director with executive control and each chief executive officer of the company or foreign company is no longer taken to be a registrable controller of the company or foreign company under subsection (2); and ( b ) the date on which the particulars of the registrable controller were entered in its register of controllers under section 386AF(9). (7) If a company or foreign company fails to comply with subsection (3), (4), (5) or (6), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] (8) In this section — “chief executive officer” — ( a ) in relation to a company, has the meaning given by section 4(1); and ( b ) in relation to a foreign company, has the meaning given by section 4(1), subject to the modification that each reference to a company is a reference to the foreign company; “director with executive control”, in relation to a company or foreign company, means a director of the company or foreign company who exercises executive control over the daily or regular affairs of the company or foreign company through a senior management position. (9) Despite anything in this Part, a reference in section 386AF(9) or (10), 386AG(1) or (2), 386AH(1) or (7), 386AI(1), 386AIA(1) or (6), 386AJ(1) or 386AK(1) to a controller or a registrable controller does not include a director or chief executive officer taken to be a registrable controller under subsection (2). [Act 2 of 2022 wef 04/10/2022] [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AG
chapter: PART 11A - REGISTER OF
section: 386AG
title: Duty of company and foreign company to investigate and obtain information
content:
386AG. —(1) A company or foreign company must take reasonable steps to find out and identify the registrable controllers of the company or foreign company. [15/2017] (2) A company ( A ) or foreign company ( A ) — ( a ) must give a notice to any person ( B ) whom A knows or has reasonable grounds to believe is a registrable controller in relation to A , requiring B — (i) to state whether B is or is not a registrable controller of A ; (ii) to state whether B knows or has reasonable grounds to believe that any other person ( C ) is a registrable controller of A or is likely to have that knowledge and to give such particulars of C that are within B ’s knowledge; and (iii) to provide such other information as may be prescribed; and ( b ) must give a notice to any person ( D ) whom A knows, or has reasonable grounds to believe knows, the identity of a person who is a registrable controller of A or is likely to have that knowledge, requiring D — (i) to state whether D knows or has reasonable grounds to believe that any other person ( E ) is a registrable controller of A or is likely to have that knowledge and to give such particulars of E that are within D ’s knowledge; and (ii) to provide such other information as may be prescribed. [15/2017] (3) A notice mentioned in subsection (2) — ( a ) must state that the addressee must comply with the notice not later than the time prescribed for compliance; ( b ) must be in such form, contain such particulars and be sent in such manner, as may be prescribed; and ( c ) must be given within such period as may be prescribed after the company or foreign company first knows the existence of, or first has reasonable grounds to believe that there exists, a person to whom a notice must be given under that subsection. [15/2017] (4) Subsection (2) does not require a company or foreign company to give notice to any person in respect of any information that is required to be stated or provided pursuant to the notice if the information was previously provided by that person or by any registered corporate service provider on behalf of that person. [15/2017] [Act 22 of 2024 wef 09/06/2025] (5) If a company or foreign company fails to comply with subsection (2) or (3), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025] (6) An addressee of a notice under subsection (2) must comply with the notice within the time specified in the notice for compliance except that an addressee is not required to provide any information that is subject to legal privilege. [15/2017] (7) An addressee of a notice under subsection (2) who fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AH
chapter: PART 11A - REGISTER OF
section: 386AH
title: Duty of company and foreign company to keep information up‑to‑date
content:
386AH. —(1) If a company or foreign company knows or has reasonable grounds to believe that a relevant change has occurred in the particulars of a registrable controller that are stated in the company’s or foreign company’s register of controllers, the company or foreign company must give notice to the registrable controller — ( a ) to confirm whether or not the change has occurred; and ( b ) if the change has occurred — (i) to state the date of the change; and (ii) to provide the particulars of the change. [15/2017] (2) A company or foreign company must give the notice mentioned in subsection (1) within such period as may be prescribed after it first knows of the change or first has reasonable grounds to believe that the change has occurred. [15/2017] (3) Section 386AG(3)( a ) and ( b ) applies to a notice under this section as it applies to a notice under that section. [15/2017] (4) Subsection (1) does not require a company or foreign company to give notice to any person in respect of any information that was previously provided by that person or by any registered corporate service provider on behalf of that person. [15/2017] [Act 22 of 2024 wef 09/06/2025] (5) If a company or foreign company fails to comply with subsection (1) or (2), or section 386AG(3)( a ) and ( b ) as applied by subsection (3), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025] (6) An addressee of a notice under subsection (1) who fails to comply with the notice within the time specified in the notice for compliance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025] (7) For the purposes of this section, a relevant change occurs if — ( a ) a person ceases to be a registrable controller in relation to the company or foreign company, as the case may be; or ( b ) any other change occurs as a result of which the particulars of the registrable controller in the company’s or foreign company’s register of controllers are incorrect or incomplete. [15/2017]


document_id: coa-1967
provision_ref: s386AI
chapter: PART 11A - REGISTER OF
section: 386AI
title: Duty of company and foreign company to correct information
content:
386AI. —(1) If a company or foreign company knows or has reasonable grounds to believe that any of the particulars of a registrable controller that are stated in the company’s or foreign company’s register is incorrect, the company or foreign company must give notice to the registrable controller to confirm whether the particulars are correct and, if not, to provide the correct particulars. [15/2017] (2) A company or foreign company must give the notice mentioned in subsection (1) within such period as may be prescribed after it first knows or first has reasonable grounds to believe that the information is incorrect. [15/2017] (3) Section 386AG(3)( a ) and ( b ) applies to a notice under this section as it applies to a notice under that section. [15/2017] (4) Subsection (1) does not require a company or foreign company to give notice to any person in respect of any information that was previously provided by that person or by any registered corporate service provider on behalf of that person. [15/2017] [Act 22 of 2024 wef 09/06/2025] (5) If a company or foreign company fails to comply with subsection (1) or (2), or section 386AG(3)( a ) and ( b ) as applied by subsection (3), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025] (6) An addressee of a notice under subsection (1) who fails to comply with the notice within the time specified in the notice for compliance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AIA
chapter: PART 11A - REGISTER OF
section: 386AIA
title: Duty of company and foreign company to ensure information in register is up‑to‑date and correct
content:
386AIA. —(1) A company or foreign company must, at the prescribed frequency, give a notice to each registrable controller whose particulars are stated in the company’s or foreign company’s register of controllers for the following purposes: ( a ) to require the registrable controller to confirm whether or not a relevant change has occurred and, if the change has occurred, to — (i) state the date of the change; and (ii) provide the particulars of the change; ( b ) to require the registrable controller to confirm whether the stated particulars of the registrable controller are correct and, if not, to provide the correct particulars. (2) The notice mentioned in subsection (1) must — ( a ) state that the addressee must comply with the notice not later than the time specified for compliance (which must be the prescribed time); and ( b ) be in such form, contain such particulars and be sent in such manner, as may be prescribed. (3) An addressee of a notice under subsection (1) must comply with the notice no later than the time specified in the notice for compliance. (4) If a company or foreign company fails to comply with subsection (1) or (2), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. (5) An addressee of a notice under subsection (1) who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. (6) For the purposes of this section, a relevant change occurs if — ( a ) the registrable controller ceases to be one in relation to the company or foreign company, as the case may be; or ( b ) any other change occurs as a result of which the particulars of the registrable controller stated in the company’s or foreign company’s register of controllers are incorrect or incomplete. [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AJ
chapter: PART 11A - REGISTER OF
section: 386AJ
title: Controller’s duty to provide information
content:
386AJ. —(1) A person who knows or ought reasonably to know that the person is a registrable controller in relation to a company or foreign company must — ( a ) notify the company or foreign company (as the case may be) that the person is a registrable controller in relation to the company or foreign company; ( b ) state the date, to the best of the person’s knowledge, on which the person became a registrable controller in relation to the company or foreign company; and ( c ) provide such other information as may be prescribed. [15/2017] (2) The person mentioned in subsection (1) must comply with the requirements of that subsection within such period as may be prescribed after the date on which that person first knew or ought reasonably to have known that that person was a registrable controller. [15/2017] (3) A person need not comply with the requirements of subsection (1) if the person has received a notice from the company or foreign company under section 386AG(2) and has complied with the requirements of the notice within the time specified in the notice for compliance. [15/2017] (4) If a person fails to comply with subsection (1) or (2), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AK
chapter: PART 11A - REGISTER OF
section: 386AK
title: Controller’s duty to provide change of information
content:
386AK. —(1) A person who is a registrable controller in relation to a company or foreign company who knows, or ought reasonably to know, that a relevant change has occurred in the prescribed particulars of the registrable controller must notify the company or foreign company of the relevant change — ( a ) stating the date that the change occurred; and ( b ) providing the particulars of the change. [15/2017] (2) The person mentioned in subsection (1) must comply with the requirements of that subsection within such period as may be prescribed after the date on which that person first knew or ought reasonably to have known of the relevant change. [15/2017] (3) A person need not comply with the requirements of subsection (1) if the person has received a notice from the company or foreign company under section 386AH(1) and has complied with the requirements of the notice within the time specified in the notice for compliance. [15/2017] (4) Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 23 of 2024 wef 16/06/2025] (5) For the purposes of this section, a relevant change occurs if — ( a ) a person ceases to be a registrable controller in relation to the company or foreign company, as the case may be; or ( b ) there is a change in the person’s contact details or such other particulars as may be prescribed. [15/2017]


document_id: coa-1967
provision_ref: s386AKA
chapter: PART 11A - REGISTER OF
section: 386AKA
title: Register of nominee directors
content:
386AKA. —(1) A company or foreign company registered under Division 2 of Part 11 must keep a register of its directors who are nominees (called in this Part the register of nominee directors) in the prescribed form and at the prescribed place. (2) Subject to section 386AM, a company or foreign company must not disclose, or make available for inspection, the register of nominee directors or any particulars contained in the register of nominee directors to any member of the public. (3) A company or foreign company must, within 7 days after the company or foreign company is informed of any fact and provided with any particulars mentioned in section 386AL(1), (1A), (2), (4) or (5), enter that fact and those particulars in its register of nominee directors. (4) A company or foreign company must, within 7 days after the company or foreign company is informed under section 386AL(3)( a ) or (5A)( a ) that a director of the company or foreign company has ceased to be a nominee, enter the following in the company’s or foreign company’s register of nominee directors: ( a ) the fact that the director has ceased to be a nominee; ( b ) the date on which the director ceased to be a nominee. (5) A company or foreign company must, within 7 days after the company or foreign company is informed under section 386AL(3)( b ) or (5A)( b ) of any change to the particulars of a person for whom a director of the company or foreign company is a nominee, enter the following in the company’s or foreign company’s register of nominee directors: ( a ) the new particulars of that person; ( b ) the date on which the particulars of that person changed. (6) If a company or foreign company fails to comply with subsection (1), (2), (3), (4) or (5), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AL
chapter: PART 11A - REGISTER OF
section: 386AL
title: Nominee directors
content:
386AL. —(1) A director of a company incorporated on or after 31 March 2017 but before the appointed day — ( a ) who is a nominee on the date of incorporation must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the date of incorporation; or [Act 23 of 2024 wef 16/06/2025] ( b ) who becomes a nominee after the date of incorporation must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee. [15/2017] [Act 23 of 2024 wef 16/06/2025] (1A) A director of a company incorporated on or after the appointed day — ( a ) who is a nominee on the date of incorporation must inform the company of that fact and provide prescribed particulars of the person for whom the director is a nominee on that date; or ( b ) who becomes a nominee after the date of incorporation must inform the company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (2) A director of a company incorporated before 31 March 2017 — ( a ) [ Deleted by Act 23 of 2024 wef 16/06/2025 ] ( b ) who becomes a nominee after 31 March 2017 must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee. [15/2017] [Act 23 of 2024 wef 16/06/2025] (3) A director of a company (whether incorporated before, on or after the appointed day) must inform the company — ( a ) that he or she ceases to be a nominee within 30 days after the cessation; and ( b ) of any change to the particulars provided to the company under this section (whether as in force on or before the appointed day) within 30 days after the change. [Act 23 of 2024 wef 16/06/2025] (4) A director of a foreign company registered under Division 2 of Part 11 on or after the appointed day — ( a ) who is a nominee on the date of registration must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee on that date; or ( b ) who becomes a nominee after the date of registration must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (5) A director of a foreign company registered under Division 2 of Part 11 before the appointed day — ( a ) who is a nominee on the appointed day must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 60 days after that day; or ( b ) who becomes a nominee after the appointed day must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (5A) A director of a foreign company mentioned in subsection (4) or (5) must inform the foreign company — ( a ) that he or she ceases to be a nominee within 30 days after the cessation; and ( b ) of any change to the particulars provided to the foreign company under that subsection within 30 days after the change. [Act 23 of 2024 wef 16/06/2025] (6) If a director fails to comply with subsection (1), (1A), (2), (3), (4), (5) or (5A), the director shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] (7) [ Deleted by Act 2 of 2022 wef 30/05/2022 ] (8) In this section and section 386AKA, a director is a nominee if the director is accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of any other person. [15/2017] [Act 2 of 2022 wef 30/05/2022] (9) In this section, “appointed day” means the date of commencement of section 8 of the Companies and Limited Liability Partnerships (Miscellaneous Amendments) Act 2024. [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386ALA
chapter: PART 11A - REGISTER OF
section: 386ALA
title: Register of nominee shareholders
content:
386ALA. —(1) A company or foreign company must keep a register of its shareholders who are nominees (called in this Part the register of nominee shareholders) in the prescribed form and at the prescribed place. (2) A company or foreign company must, within 7 days after the company or foreign company is informed of any fact and provided with any particulars mentioned in section 386ALB(1), (1A), (2), (3), (3A) or (4), enter that fact and those particulars in its register of nominee shareholders. [Act 23 of 2024 wef 16/06/2025] (3) A company or foreign company must, within 7 days after the company or foreign company is informed under section 386ALB(5)( a ) that a shareholder of the company or foreign company has ceased to be a nominee, enter the following in its register of nominee shareholders: ( a ) the fact that the shareholder has ceased to be a nominee; ( b ) the date on which the shareholder ceased to be a nominee. (4) A company or foreign company must, within 7 days after the company or foreign company is informed under section 386ALB(5)( b ) of any change to the particulars of a person for whom a shareholder of the company or foreign company is a nominee, enter the following in its register of nominee shareholders: ( a ) the new particulars of that person; ( b ) the date on which the particulars of that person changed. (5) Subject to section 386AM, a company or foreign company must not disclose, or make available for inspection, the register of nominee shareholders or any particulars contained in the register of nominee shareholders to any member of the public. (6) If a company or foreign company fails to comply with subsection (1), (2), (3), (4) or (5), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [Act 2 of 2022 wef 04/10/2022]


document_id: coa-1967
provision_ref: s386ALB
chapter: PART 11A - REGISTER OF
section: 386ALB
title: Nominee shareholders
content:
386ALB. —(1) A shareholder of a company incorporated on or after 4 October 2022 but before the appointed day — ( a ) who is a nominee on the date of incorporation must inform the company of that fact, and provide to the company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date of incorporation; or ( b ) who becomes a nominee after the date of incorporation must inform the company of that fact, and provide to the company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date on which the shareholder becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (1A) A shareholder of a company incorporated on or after the appointed day — ( a ) who is a nominee on the date of incorporation must inform the company of that fact, and provide to the company prescribed particulars of the person for whom the shareholder is a nominee, on that date; or ( b ) who becomes a nominee after the date of incorporation must inform the company of that fact, and provide to the company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date on which the shareholder becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (2) A shareholder of a company incorporated before 4 October 2022 — ( a ) [ Deleted by Act 23 of 2024 wef 16/06/2025 ] ( b ) who becomes a nominee after 4 October 2022 must inform the company of that fact, and provide to the company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date on which the shareholder becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (3) A shareholder of a foreign company registered under Division 2 of Part 11 on or after 4 October 2022 but before the appointed day — ( a ) who is a nominee on the date of registration must inform the foreign company of that fact, and provide to the foreign company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date of registration; or ( b ) who becomes a nominee after the date of registration must inform the foreign company of that fact, and provide to the foreign company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date on which the shareholder becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (3A) A shareholder of a foreign company registered under Division 2 of Part 11 on or after the appointed day — ( a ) who is a nominee on the date of registration must inform the foreign company of that fact, and provide to the foreign company prescribed particulars of the person for whom the shareholder is a nominee, on that date; or ( b ) who becomes a nominee after the date of registration must inform the foreign company of that fact, and provide to the foreign company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date on which the shareholder becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (4) A shareholder of a foreign company registered under Division 2 of Part 11 before 4 October 2022 — ( a ) [ Deleted by Act 23 of 2024 wef 16/06/2025 ] ( b ) who becomes a nominee after 4 October 2022 must inform the foreign company of that fact, and provide to the foreign company prescribed particulars of the person for whom the shareholder is a nominee, within 30 days after the date on which the shareholder becomes a nominee. [Act 23 of 2024 wef 16/06/2025] (5) A shareholder of a company or foreign company (whether incorporated or registered before, on or after the appointed day) must — ( a ) within 30 days after the shareholder ceases to be a nominee, inform the company or foreign company of the fact that the shareholder has ceased to be a nominee; and ( b ) within 30 days after any change to the particulars provided to the company or foreign company under this section (whether as in force on or before the appointed day) inform the company or foreign company of the change. [Act 23 of 2024 wef 16/06/2025] (6) If a shareholder of a company or foreign company (as the case may be) fails to comply with subsection (1), (1A), (2), (3), (3A), (4) or (5), the shareholder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] (7) In this section and section 386ALA, a shareholder of a company or foreign company is a nominee if the shareholder satisfies either or both of the following: ( a ) the shareholder is accustomed or under an obligation whether formal or informal to vote, in respect of shares in the company or foreign company of which the shareholder is the registered holder, in accordance with the directions, instructions or wishes of any other person; ( b ) the shareholder receives dividends, in respect of shares in the company or foreign company of which the shareholder is the registered holder, on behalf of any other person. [Act 23 of 2024 wef 16/06/2025] (7A) In this section, a shareholder of a company incorporated before the appointed day or of a foreign company registered under Division 2 of Part 11 before that day, who, on that day — ( a ) was not a nominee within the meaning of subsection (7) as in force immediately before that day; but ( b ) is a nominee within the meaning of that subsection as in force on that day, is treated as a shareholder of the company or foreign company who becomes a nominee on the appointed day. [Act 23 of 2024 wef 16/06/2025] (8) In this section and section 386ALA — “appointed day” means the date of commencement of section 10 of the Companies and Limited Liability Partnerships (Miscellaneous Amendments) Act 2024; [Act 23 of 2024 wef 16/06/2025] “company” means a company having a share capital; “foreign company” means a foreign company having a share capital; “shareholder”, in relation to a company or foreign company, means a person who is registered in the register of members of the company or foreign company as a holder of shares in the company or foreign company. [Act 2 of 2022 wef 04/10/2022]


document_id: coa-1967
provision_ref: s386AM
chapter: PART 11A - REGISTER OF
section: 386AM
title: Power to enforce
content:
386AM. —(1) The Registrar or an officer of the Authority may — ( a ) require a company or foreign company to which this Part applies to produce its register, its register of nominee directors, its register of nominee shareholders and any other document relating to those registers or the keeping of those registers; [Act 2 of 2022 wef 04/10/2022] ( b ) inspect, examine and make copies of the registers and any document so produced; and ( c ) make such inquiry as may be necessary to ascertain whether the provisions of this Part are complied with. [15/2017] (2) Where any register or documents as are mentioned in subsection (1) are kept in electronic form — ( a ) the power of the Registrar or an officer of the Authority in subsection (1)( a ) to require the register or any documents to be produced includes the power to require a copy of the register or documents to be made available in legible form and subsection (1)( b ) is to accordingly apply in relation to any copy so made available; and ( b ) the power of the Registrar or an officer of the Authority under subsection (1)( b ) to inspect the register or any documents includes the power to require any person on the premises in question to give the Registrar or the officer of the Authority such assistance as the Registrar or officer may reasonably require to enable the Registrar or officer to inspect and make copies of the register or documents in legible form, and to make records of the information contained in them. [15/2017] (3) The powers conferred on the Registrar or an officer of the Authority under subsections (1) and (2) may be exercised by a public agency to enable the public agency to administer or enforce any written law. [15/2017] (4) Any person who fails to comply with any requirement imposed under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [15/2017] (4A) A person who, in complying with a requirement imposed, or in answering an inquiry made, under subsection (1) or (2), provides any information that is false or misleading in a material particular to the Registrar or an officer of the Authority, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] (4B) In proceedings for an offence under subsection (4A), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps and exercised all due diligence to ensure that the information provided was not false or misleading. [Act 23 of 2024 wef 16/06/2025] (5) This section applies in addition to any right of inspection conferred by section 396A. [15/2017] (6) In this section, “public agency” means a public officer, an Organ of State or a ministry or department of the Government, or a public authority established by or under any public Act for a public purpose or a member, an officer or an employee, or any department, thereof. [15/2017]


document_id: coa-1967
provision_ref: s386AN
chapter: PART 11A - REGISTER OF
section: 386AN
title: Central register of controllers
content:
386AN. —(1) This section applies where the Minister, by notification in the Gazette , directs the Registrar to maintain a central register of controllers of companies and foreign companies. [15/2017] (2) Where the Minister has directed the Registrar to maintain a central register of controllers of companies and foreign companies under subsection (1) — ( a ) the Registrar must keep a central register of controllers consisting of the particulars contained in the registers kept by companies and foreign companies to which this Part applies; and ( b ) the Registrar must require any company or foreign company to which this Part applies to lodge with the Registrar — (i) all particulars contained in the company’s or foreign company’s register maintained under section 386AF (including the matters mentioned in section 386AFA(3)); and [Act 2 of 2022 wef 04/10/2022] (ii) all updates to the company’s or foreign company’s register that occur after the lodgment of the particulars under sub‑paragraph (i). [15/2017] (3) Where the Registrar requires a company or foreign company to lodge with the Registrar the particulars, matters and updates mentioned in subsection (2)( b ), the company or foreign company must lodge the particulars, matters and updates in the prescribed form and manner and within the prescribed time. [Act 2 of 2022 wef 30/05/2022] (4) If a company or foreign company fails to comply with subsection (3), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [15/2017] [Act 2 of 2022 wef 30/05/2022] [Act 23 of 2024 wef 16/06/2025] (5) Subject to subsection (6), the Registrar must not disclose, or make available for inspection, the central register of controllers of companies and foreign companies kept by the Registrar under this section to any member of the public. [Act 23 of 2024 wef 16/06/2025] (6) The Registrar may disclose prescribed information in the central register of controllers of companies and foreign companies to prescribed persons under prescribed circumstances. [Act 23 of 2024 wef 16/06/2025] (7) To avoid doubt, different information and persons may be prescribed under subsection (6) for different prescribed circumstances. [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386ANA
chapter: PART 11A - REGISTER OF
section: 386ANA
title: Central registers of nominee directors and nominee shareholders
content:
386ANA. —(1) The Registrar must keep a central register of nominee directors and a central register of nominee shareholders consisting of the particulars contained in the registers kept by companies and foreign companies to which this Part applies. (2) A company or foreign company to which this Part applies must lodge with the Registrar — ( a ) all particulars contained in the company’s or foreign company’s register of nominee directors maintained under section 386AKA; ( b ) all updates to that register that occur after the lodgment of the particulars under paragraph ( a ); ( c ) all particulars contained in the company’s or foreign company’s register of nominee shareholders maintained under section 386ALA; and ( d ) all updates to that register that occur after the lodgment of the particulars under paragraph ( c ). (3) The company or foreign company must lodge the particulars, matters and updates in the prescribed form and manner and within the prescribed time. (4) If a company or foreign company fails to comply with subsection (2) or (3), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. (5) Subject to subsection (6), the Registrar must not disclose, or make available for inspection, the central register of nominee directors or the central register of nominee shareholders kept by the Registrar under this section to any member of the public. (6) The Registrar may disclose prescribed information in the central register of nominee directors or the central register of nominee shareholders to prescribed persons under prescribed circumstances. (7) To avoid doubt, different information and persons may be prescribed under subsection (6) for different prescribed circumstances. [Act 23 of 2024 wef 16/06/2025]


document_id: coa-1967
provision_ref: s386AO
chapter: PART 11A - REGISTER OF
section: 386AO
title: Codes of practice, etc.
content:
386AO. —(1) The Registrar may issue one or more codes, guidance, guidelines, policy statements and practice directions for all or any of the following purposes: ( a ) to provide guidance to companies or foreign companies, or to both, in relation to the operation or administration of any provision of this Part; ( b ) generally for carrying out the purposes of this Part. [15/2017] (2) The Registrar may publish any such code, guidance, guideline, policy statement or practice direction, in such manner as the Registrar thinks fit. [15/2017] (3) The Registrar may revoke, vary, revise or amend the whole or any part of any code, guidance, guideline, policy statement or practice direction issued under this section in such manner as the Registrar thinks fit. [15/2017] (4) Where amendments are made under subsection (3) — ( a ) the other provisions of this section apply, with the necessary modifications, to such amendments as they apply to the code, guidance, guideline, policy statement and practice direction; and ( b ) any reference in this Act or any other written law to the code, guidance, guideline, policy statement or practice direction however expressed is to be treated, unless the context otherwise requires, as a reference to the code, guidance, guideline, policy statement or practice direction as so amended. [15/2017] (5) The failure by any person to comply with any of the provisions of a code, guidance, guideline, policy statement or practice direction issued under this section that applies to that person does not of itself render that person liable to criminal proceedings but any such failure may, in any proceedings whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or to negate any liability which is in question in the proceedings. [15/2017] (6) Any code, guidance, guideline, policy statement or practice direction issued under this section — ( a ) may be of general or specific application; and ( b ) may specify that different provisions apply to different circumstances or provide for different cases or classes of cases. [15/2017] (7) It is not necessary to publish any code, guidance, guideline, policy statement or practice direction issued under this section in the Gazette . [15/2017]


document_id: coa-1967
provision_ref: s386AP
chapter: PART 11A - REGISTER OF
section: 386AP
title: Exemption
content:
386AP. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Part. [15/2017]


document_id: coa-1967
provision_ref: s386A
chapter: PART 12 - GENERAL
section: 386A
title: Interpretation
content:
386A. In this section and sections 387B, 387C, 397 and 401, unless the contrary intention appears — “consolidated financial statements” and “parent company” have the meanings given by section 209A; “financial statements” means the financial statements of a company required to be prepared by the Accounting Standards and, in the case of a parent company, means the consolidated financial statements. [36/2014]


document_id: coa-1967
provision_ref: s387
chapter: PART 12 - GENERAL
section: 387
title: Service of documents on company
content:
387. A document may be served on a company by leaving it at or sending it by registered post to the registered office of the company.


document_id: coa-1967
provision_ref: s387A
chapter: PART 12 - GENERAL
section: 387A
title: Electronic transmission of notices of meetings
content:
387A. —(1) Where any notice of a meeting is required or permitted to be given, sent or served under this Act or under the constitution of a company by the company or the directors of the company to — ( a ) a member of the company; or ( b ) an officer or auditor of the company, that notice may be given, sent or served using electronic communications to the current address of that person. [36/2014] (2) For the purposes of this section, a notice of a meeting is also treated as given or sent to, or served on a person where — ( a ) the company and that person have agreed in writing that notices of meetings required to be given to that person may instead be accessed by the person on a website; ( b ) the meeting is a meeting to which that agreement applies; ( c ) the notice is published on the website such that it is or can be made legible; ( d ) that person is notified, in a manner for the time being agreed between the person and the company for the purpose, of — (i) the publication of the notice on that website; (ii) the address of that website; and (iii) the place on that website where the notice may be accessed, and how it may be accessed; and ( e ) the notice continues to be published on and remains accessible to that person from that website throughout the period beginning with the giving of that notification and ending with the conclusion of the meeting. (3) For the purposes of this Act, a notice of a meeting treated in accordance with subsection (2) as given or sent to or served on any person is treated as so given, sent or served at the time of the notification mentioned in subsection (2)( d ). (4) A notice of a meeting given for the purposes of subsection (2)( d ) must specify such matters or information as may be required for a notice of that type under any other provision of this Act or the constitution of that company. [36/2014] (5) Nothing in subsection (2) invalidates the proceedings of a meeting where — ( a ) any notice of a meeting that is required to be published and remain accessible as mentioned in paragraph ( e ) of that subsection is published and remains accessible for a part, but not all, of the period mentioned in that paragraph; and ( b ) the failure to publish and make accessible that notice throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid. (6) A company may, despite any provision to the contrary in its constitution, take advantage of subsection (1), (2), (3), (4) or (5). [36/2014] (7) For the purposes of this section and section 387B, the current address of a person of a company, in relation to any notice or document, is a number or address used for electronic communication which — ( a ) has been notified by the person in writing to the company as one at which that notice or document may be sent to the person; and ( b ) the company has no reason to believe that that notice or document sent to the person at that address will not reach the person.


document_id: coa-1967
provision_ref: s387B
chapter: PART 12 - GENERAL
section: 387B
title: Electronic transmission of documents
content:
387B. —(1) Where any accounts, balance sheet, financial statements, report or other document is required or permitted to be sent under this Act or under the constitution of a company by the company or the directors of the company to — ( a ) a member of the company; or ( b ) an officer or auditor of the company, that document may be sent using electronic communications to the current address of that person. [36/2014] [Act 17 of 2023 wef 01/07/2023] (2) For the purposes of this section, a document is also treated as sent to a person where — ( a ) the company and that person have agreed in writing to the person having access to documents on a website (instead of their being sent to the person); ( b ) the document is a document to which that agreement applies; ( c ) the document is published on the website such that it is or can be made legible; and ( d ) that person is notified, in a manner for the time being agreed for that purpose between the person and the company, of — (i) the publication of the document on that website; (ii) the address of that website; and (iii) the place on that website where the document may be accessed, and how it may be accessed. [Act 17 of 2023 wef 01/07/2023] (3) Where any provision of this Act or of the constitution of the company requires any document to be sent to a person not less than a specified number of days before a meeting, that document, if treated in accordance with subsection (2) as sent to any person, is treated as sent to the person not less than the specified number of days before the date of a meeting if, and only if — ( a ) the document is published on and remains accessible to that person from the website throughout a period beginning before the specified number of days before the date of the meeting and ending with the conclusion of the meeting; and ( b ) the notification given for the purposes of subsection (2)( d ) is given not less than the specified number of days before the date of the meeting. [36/2014] [Act 17 of 2023 wef 01/07/2023] (4) Nothing in subsection (3) invalidates the proceedings of a meeting where — ( a ) any document that is required to be published and remain accessible as mentioned in paragraph ( a ) of that subsection is published and remains accessible for a part, but not all, of the period mentioned in that paragraph; and ( b ) the failure to publish and make accessible that document throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid. (5) A company may, despite any provision to the contrary in its constitution, take advantage of subsection (1), (2), (3) or (4). (6) For the purposes of this section and sections 387C and 387D — ( a ) a reference to a document does not include any of the following: (i) a share certificate; (ii) a debenture; (iii) a certificate of any other interest in a company; (iv) an instrument of transfer of any share, debenture or other interest in a company; and ( b ) a reference to the sending of a document includes the circulation, delivery, despatching, depositing, forwarding, furnishing, giving, issuing, serving, submission, transmitting or supply of that document. [36/2014] [Act 17 of 2023 wef 01/07/2023]


document_id: coa-1967
provision_ref: s387C
chapter: PART 12 - GENERAL
section: 387C
title: Electronic transmission in accordance with constitution, etc.
content:
387C. —(1) Despite sections 387A and 387B, where a notice of meeting or any accounts, balance sheet, financial statements, report or other document is required or permitted to be sent under this Act or under the constitution of a company by the company or the directors of the company to a member of the company, that notice or document may be sent using electronic communications with the express, implied or deemed consent of the member in accordance with the constitution of the company. [36/2014] [Act 17 of 2023 wef 01/07/2023] (2) For the purposes of this section, a member has given implied consent if the constitution of the company — ( a ) provides for the use of electronic communications; ( b ) specifies the manner in which electronic communications is to be used; and ( c ) provides that the member agrees to receive such notice or document by way of such electronic communications and does not have a right to elect to receive a physical copy of such notice or document. [36/2014] (3) For the purposes of this section, but subject to regulations mentioned in subsection (4), a member is deemed to have consented if — ( a ) the member was by written notice given an opportunity to elect, within such period of time specified in the notice, whether to receive the notice or document by way of electronic communications or as a physical copy; and ( b ) the member failed to make an election within the time so specified. [15/2017] (4) The Minister may make regulations under section 411 — ( a ) to exclude any notice or document or any class of notices or documents from the application of this section; ( b ) to provide for safeguards for the use of electronic communications under this section; and ( c ) without limiting paragraph ( b ), to provide that a member who is deemed to have consented to receive notices or documents by way of electronic communications may make a fresh election to receive such notice or document as a physical copy and the manner in which the fresh election may be made. [36/2014]


document_id: coa-1967
provision_ref: s387D
chapter: PART 12 - GENERAL
section: 387D
title: Electronic transmission of documents by member, officer or auditor to company or director
content:
387D. Where any document is required or permitted to be sent under this Act by a member, officer or auditor of the company to the company or a director of the company, that document may be sent using electronic communications to the company or the director if the member, officer or auditor (as the case may be) and the company or director (as the case may be) have agreed, generally or specifically, that the document may be sent in that manner, and that agreement has not been revoked. [Act 17 of 2023 wef 01/07/2023]


document_id: coa-1967
provision_ref: s388
chapter: PART 12 - GENERAL
section: 388
title: Security for costs
content:
388. —(1) Where a corporation is claimant in any action or other legal proceeding the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the corporation will be unable to pay the costs of the defendant if successful in the defendant’s defence, require sufficient security to be given for those costs and stay all proceedings until the security is given. [Act 25 of 2021 wef 01/04/2022] Costs (2) The costs of any proceeding before a court under this Act must be borne by such party to the proceeding as the court may, in its discretion, direct.


document_id: coa-1967
provision_ref: s389
chapter: PART 12 - GENERAL
section: 389
title: As to rights of witnesses to legal representation
content:
389. Any person summoned for examination under Part 9 may, at the person’s own cost, employ a solicitor who is at liberty to put to the person such questions as the inspector, Court or District Judge considers just for the purpose of enabling the person to explain or qualify any answers given by the person. [40/2018]


document_id: coa-1967
provision_ref: s390
chapter: PART 12 - GENERAL
section: 390
title: Disposal of shares of shareholder whose whereabouts unknown
content:
390. —(1) Where by the exercise of reasonable diligence a company is unable to discover the whereabouts of a shareholder for a period of not less than 10 years, the company may cause an advertisement to be published in a newspaper circulating in the place shown in the register of members as the address of the shareholder stating that the company after the expiration of one month from the date of the advertisement intends to transfer the shares to the Official Receiver. (2) If, after the expiration of one month from the date of the advertisement, the whereabouts of the shareholder remain unknown, the company may transfer the shares held by the shareholder in the company to the Official Receiver and for that purpose may execute for and on behalf of the owner a transfer of those shares to the Official Receiver. (3) The Official Receiver must sell or dispose of any shares so received in such manner and at such time as the Official Receiver thinks fit and must deal with proceeds of the sale or disposal as if they were moneys paid to the Official Receiver pursuant to section 197 of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018]


document_id: coa-1967
provision_ref: s391
chapter: PART 12 - GENERAL
section: 391
title: Power to grant relief
content:
391. —(1) If in any proceedings for negligence, default, breach of duty or breach of trust against a person to whom this section applies, it appears to the court before which the proceedings are taken that the person is or may be liable in respect thereof but that the person has acted honestly and reasonably and that, having regard to all the circumstances of the case including those connected with the person’s appointment, the person ought fairly to be excused for the negligence, default or breach, the court may relieve the person either wholly or partly from the person’s liability on such terms as the court thinks fit. (1A) To avoid doubt and without limiting subsection (1), “liability” includes the liability of a person to whom this section applies to account for profits made or received. (2) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against the person in respect of any negligence, default, breach of duty or breach of trust the person may apply to the Court for relief, and the Court has the same power to relieve the person as under this section it would have had if it had been a court before which proceedings against the person for negligence, default, breach of duty or breach of trust had been brought. (3) The persons to whom this section applies are — ( a ) officers of a corporation; ( b ) persons employed by a corporation as auditors, whether they are or are not officers of the corporation; ( c ) experts within the meaning of this Act; and ( d ) persons who are receivers, receivers and managers or liquidators appointed or directed by the Court to carry out any duty under this Act in relation to a corporation and all other persons so appointed or so directed.


document_id: coa-1967
provision_ref: s392
chapter: PART 12 - GENERAL
section: 392
title: Irregularities
content:
392. —(1) In this section, unless the contrary intention appears, a reference to a procedural irregularity includes a reference to — ( a ) the absence of a quorum at a meeting of a corporation, at a meeting of directors or creditors of a corporation or at a joint meeting of creditors and members of a corporation; and ( b ) a defect, irregularity or deficiency of notice or time. (2) A proceeding under this Act is not invalidated by reason of any procedural irregularity unless the Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the Court and by order declares the proceeding to be invalid. (2A) A meeting to which section 173J(2)( b ) or ( c ) applies is not invalidated by reason of any technological disruption, malfunction or outage unless the Court — ( a ) is of the opinion that the technological disruption, malfunction or outage has caused or may cause substantial injustice that cannot be remedied by any order of the Court; and ( b ) by order declares the meeting to be invalid. [Act 17 of 2023 wef 01/07/2023] (3) A meeting held for the purposes of this Act, or a meeting notice of which is required to be given in accordance with the provisions of this Act, or any proceeding at such a meeting, is not invalidated by reason only of the accidental omission to give notice of the meeting or the non‑receipt by any person of notice of the meeting, unless the Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. (4) Subject to the following provisions of this section and without limiting any other provision of this Act, the Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the Court imposes: ( a ) an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Act or in relation to a corporation is not invalid by reason of any contravention of, or failure to comply with, a provision of this Act or a provision of any of the constituent documents of a corporation; ( b ) an order directing the rectification of any register kept by the Registrar under this Act; ( c ) an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph ( a ); ( d ) an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Act or in relation to a corporation (including an order extending a period where the period concerned expired before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding, and may make such consequential or ancillary orders as the Court thinks fit. (5) An order may be made under subsection (4)( a ) or ( b ) even though the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence. (6) The Court is not to make an order under this section unless it is satisfied — ( a ) in the case of an order mentioned in subsection (4)( a ) — (i) that the act, matter or thing, or the proceeding, mentioned in that paragraph is essentially of a procedural nature; (ii) that the person or persons concerned in or party to the contravention or failure acted honestly; or (iii) that it is in the public interest that the order be made; ( b ) in the case of an order mentioned in subsection (4)( c ), that the person subject to the civil liability concerned acted honestly; and ( c ) in every case, that no substantial injustice has been or is likely to be caused to any person.


document_id: coa-1967
provision_ref: s393
chapter: PART 12 - GENERAL
section: 393
title: Privileged communications
content:
393. No inspector appointed under this Act may require disclosure by a solicitor of any privileged communication made to the solicitor in that capacity, except as respects the name and address of the solicitor’s client.


document_id: coa-1967
provision_ref: s394
chapter: PART 12 - GENERAL
section: 394
title: Production and inspection of books or papers where offence suspected
content:
394. —(1) If, on an application made to a judge of the Court in chambers by or on behalf of the Minister, there is shown to be reasonable cause to believe that any person has, while an officer of a company, committed an offence in connection with the management of the company’s affairs and that evidence of the commission of the offence is to be found in any books or papers of or under the control of the company, an order may be made — ( a ) authorising any person named therein to inspect such books or papers or any of them for the purpose of investigating and obtaining evidence of the offence; or ( b ) requiring the secretary or such other officer as is named in the order to produce such books or papers or any of them to a person named in the order at a place so named. (2) No appeal lies against any order or decision of a judge on or in relation to an application under this section.


document_id: coa-1967
provision_ref: s395
chapter: PART 12 - GENERAL
section: 395
title: Form of company records
content:
395. —(1) A company must adequately record for future reference the information required to be contained in any company records. [36/2014] (2) Subject to subsection (1), company records may be — ( a ) kept in hard copy form or in electronic form; and ( b ) arranged in the manner that the directors of the company think fit. [36/2014] (3) If company records are kept in electronic form, the company must ensure that they are capable of being reproduced in hard copy form. [36/2014] (4) In this section and sections 396 and 396A — “company” includes a corporation which is required to keep company records under this Act; “company record” means any register, index, minute book, accounting record, minute or other document required by this Act to be kept by a company; “in electronic form” means in the form of an electronic record as defined in section 2(1) of the Electronic Transactions Act 2010; “in hard copy form” means in a paper form or similar form capable of being read. [36/2014]


document_id: coa-1967
provision_ref: s396
chapter: PART 12 - GENERAL
section: 396
title: Duty to take precautions against falsification
content:
396. —(1) Where company records are kept otherwise than in hard copy form, reasonable precautions must be taken for — ( a ) ensuring the proper maintenance and authenticity of the company records; ( b ) guarding against falsification; and ( c ) facilitating the discovery of any falsifications. [36/2014] (2) In the case where company records are kept in electronic form, the company must provide for the manner by which the records are to be authenticated and verified. [36/2014] (3) Where default is made in complying with subsection (1) or (2), the company and every officer of the company who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000 and also to a default penalty. [36/2014]


document_id: coa-1967
provision_ref: s396A
chapter: PART 12 - GENERAL
section: 396A
title: Inspection of records
content:
396A. —(1) Any company record which is by this Act required to be available for inspection must, subject to and in accordance with this Act, be available for inspection at the place where in accordance with this Act it is kept during the hours in which the registered office of the company is accessible to the public. [36/2014] (2) If company records are kept by the company by recording the information in question in electronic form, any duty imposed on the company under subsection (1) or any other provision of this Act to allow inspection of the company records is to be regarded as a duty to allow inspection of — ( a ) a reproduction of the recording, or the relevant part of the recording, in hard copy form; or ( b ) if requested by the person inspecting the recording, the recording, or the relevant part of the recording, by electronic means. [36/2014] (3) Any person permitted by this Act to inspect any company records may make copies of or take extracts from it. [36/2014] (4) Where company records are kept by the company by recording the information in question in electronic form, the company must ensure that proper facilities are provided to enable the company records to be inspected, and where default is made in complying with this subsection, the company and every officer of the company who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000 and also to a default penalty. [36/2014]


document_id: coa-1967
provision_ref: s396B
chapter: PART 12 - GENERAL
section: 396B
title: Liability where proper accounts not kept
content:
396B. —(1) If, on an investigation under this Act, it is shown that proper books of account were not kept by the company throughout the shorter of — ( a ) the period of 2 years immediately preceding the commencement of the investigation; or ( b ) the period between the incorporation of the company and the commencement of the investigation, every officer who is in default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months. [40/2018] (2) Where a person is charged with an offence under subsection (1), it is a defence for the person charged to prove that the person acted honestly and to show that, in the circumstances in which the business of the company was carried on, the default was excusable. [40/2018] (3) For the purposes of this section, proper books of account are deemed not to have been kept in the case of a company — ( a ) if there have not been kept such books or accounts as are necessary to exhibit and explain the transactions and financial position of the trade or business of the company, including books containing entries from day to day in sufficient detail of all cash received and cash paid, and, where the trade or business has involved dealings in goods, statements of the annual stocktakings and (except in the case of goods sold by way of ordinary retail trade) of all goods sold and purchased, showing the goods and the buyers and sellers of the goods in sufficient detail to enable those goods and those buyers and sellers to be identified; or ( b ) if such books or accounts have not been kept in such manner as to enable them to be conveniently and properly audited, whether or not the company has appointed an auditor. [40/2018]


document_id: coa-1967
provision_ref: s397
chapter: PART 12 - GENERAL
section: 397
title: Translations of instruments, etc.
content:
397. —(1) Where under this Act a corporation is required to lodge with the Registrar any instrument, certificate, contract or document or a certified copy thereof and the same is not written in the English language, the corporation must lodge at the same time with the Registrar a certified translation thereof in the English language. (2) Where under this Act a corporation is required to make available for public inspection any instrument, certificate, contract or document and the same is not written in the English language, the corporation must keep at its registered office in Singapore a certified translation thereof in the English language. (3) Where any accounts, financial statements, minute books or other records of a corporation required by this Act to be kept are not kept in the English language, the directors of the corporation must cause a true translation of such accounts, financial statements, minute books and other records to be made from time to time at intervals of not more than 7 days and must cause such translations to be kept with the original accounts, financial statements, minute books and other records for so long as the original accounts, financial statements, minute books and other records are required by this Act to be kept. [36/2014]


document_id: coa-1967
provision_ref: s398
chapter: PART 12 - GENERAL
section: 398
title: Certificate of incorporation conclusive evidence
content:
398. A certificate of incorporation under the hand and seal of the Registrar issued under this Act in force before 13 January 2003, a notice of incorporation issued by the Registrar under this Act, and a certificate of confirmation of incorporation of the Registrar issued under this Act, are each conclusive evidence that all the requirements of this Act in respect of registration and of matters precedent and incidental thereto have been complied with, and that the company referred to therein is duly incorporated under this Act. [36/2014]


document_id: coa-1967
provision_ref: s399
chapter: PART 12 - GENERAL
section: 399
title: Court may compel compliance
content:
399. —(1) If any person in contravention of this Act refuses or fails to permit the inspection of any register, minute book or document or to supply a copy of any register, minute book or document the Court may by order compel an immediate inspection of the register, minute book or document or order the copy to be supplied. (2) If any officer or former officer of a company has failed or omitted to do any act, matter or thing which under this Act he or she is or was required or directed to do, the Court on the application of the Registrar or any member of the company or the Official Receiver or liquidator may, by order, require that officer or former officer to do such act, matter or thing immediately or within such time as is allowed by the order, and for the purpose of complying with any such order a former officer is deemed to have the same status, powers and duties as he or she had at the time the act, matter or thing should have been done. Division 2 &#x2014; Offences 400. [ Repealed by S 236/2002 ]


document_id: coa-1967
provision_ref: s401
chapter: PART 12 - GENERAL
section: 401
title: False and misleading statement
content:
401. —(1) Every corporation which advertises, circulates or publishes any statement of the amount of its capital which is misleading, or in which the amount of capital or subscribed capital is stated but the amount of paid‑up capital or the amount of any charge on uncalled capital is not stated as prominently as the amount of subscribed capital is stated, and every officer of the corporation who knowingly authorises, directs or consents to such advertising, circulation or publication shall be guilty of an offence. (2) Every person who in any return, report, certificate, balance sheet, financial statements or other document required by or for the purposes of this Act wilfully makes or authorises the making of a statement false or misleading in any material particular knowing it to be false or misleading or wilfully omits or authorises the omission of any matter or thing without which the document is misleading in a material respect shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. [36/2014] (2A) Any person who, for any purpose under this Act — ( a ) lodges or files with or submits to the Registrar any document; or ( b ) authorises another person to lodge or file with or submit to the Registrar any document, knowing that document to be false or misleading in a material respect, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (3) For the purposes of subsection (2), where a person at a meeting votes in favour of the making of a statement mentioned in that subsection the person is deemed to have authorised the making of that statement.


document_id: coa-1967
provision_ref: s402
chapter: PART 12 - GENERAL
section: 402
title: False statements or reports
content:
402. —(1) An officer of a corporation who, with intent to deceive, makes or furnishes, or knowingly and wilfully authorises or permits the making or furnishing of, any false or misleading statement or report to — ( a ) a director, auditor, member, debenture holder or trustee for debenture holders of the corporation; or ( b ) in the case of a corporation that is a subsidiary, an auditor of the holding company, relating to the affairs of the corporation, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (2) In subsection (1), “officer” includes a person who at any time has been an officer of the corporation.


document_id: coa-1967
provision_ref: s403
chapter: PART 12 - GENERAL
section: 403
title: Dividends payable from profits only
content:
403. —(1) No dividend is payable to the share‑holders of any company except out of profits. (1A) Subject to subsection (1B), any profits of a company applied towards the purchase or acquisition of its own shares in accordance with sections 76B to 76G are not payable as dividends to the shareholders of the company. (1B) Subsection (1A) does not apply to any part of the proceeds received by the company as consideration for the sale or disposal of treasury shares which the company has applied towards the profits of the company. (1C) Any gains derived by the company from the sale or disposal of treasury shares are not payable as dividends to the shareholders of the company. (2) Every director or chief executive officer of a company who wilfully pays or permits to be paid any dividend in contravention of this section — ( a ) shall, without prejudice to any other liability, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months; and ( b ) shall also be liable to the creditors of the company for the amount of the debts due by the company to them respectively to the extent by which the dividends so paid have exceeded the profits and such amount may be recovered by the creditors or the liquidator suing on behalf of the creditors. [36/2014] (3) If the whole amount is recovered from one director or chief executive officer, he or she may recover contribution against any other person liable who has directed or consented to such payment. [36/2014] (4) No liability by this section imposed on any person extends or passes, on the death of such person to the person’s executors or administrators nor is the estate of any such person after the person’s death liable under this section. (5) In this section, “dividend” includes bonus and payment by way of bonus.


document_id: coa-1967
provision_ref: s404
chapter: PART 12 - GENERAL
section: 404
title: Fraudulently inducing persons to invest money
content:
404. —(1) [ Deleted by Act 42 of 2001 ] (2) [ Deleted by Act 42 of 2001 ] Obtaining payment of moneys, etc., to company by false promise of officer or agent of company (3) Whoever, being an officer or agent of any corporation, by any deceitful means or false promise and with intent to defraud, causes or procures any money to be paid or any chattel or marketable security to be delivered to that corporation or to himself, herself or any other person for the use or benefit or on account of that corporation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 5 years or to both. Evidence of financial position of company (4) Upon the trial of a charge of an offence under this section, the opinion of any registered or public accountant as to the financial position of any company at any time or during any period in respect of which he or she has made an audit or examination of the affairs of the company according to recognised audit practice is admissible either for the prosecution or for the defence as evidence of the financial position of the company at that time or during that period, notwithstanding that the opinion is based in whole or in part on book‑entries, documents or vouchers or on written or verbal statements by other persons.


document_id: coa-1967
provision_ref: s405
chapter: PART 12 - GENERAL
section: 405
title:
Penalty for carrying on business without registering a corporation and for improper use of words “Limited” and “Berhad”

content:
405. —(1) If any person — ( a ) other than a foreign company, uses any name or title or trades or carries on business under any name or title which “Limited” or “Berhad” or any abbreviation, imitation or translation of any of those words is the final word; or ( b ) in any way holds out that the business is incorporated under this Act, that person shall, unless at that time the business was duly incorporated under this Act, be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [36/2014] Restriction on the use of word “Private” or “Sendirian” (2) A company must not use the word “Private” or “Sendirian” or any abbreviation thereof as part of its name if it does not fulfil the requirements required by this Act to be fulfilled by private companies and every corporation and every officer of a corporation who is in default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and also to a default penalty. Penalty for holding out business as registered foreign company (3) If a person carrying on a business, the person’s agent or a person acting on the firstmentioned person’s behalf, in any way holds out that the business is registered as a foreign company under this Act when at the material time the business was not so registered, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [36/2014]


document_id: coa-1967
provision_ref: s406
chapter: PART 12 - GENERAL
section: 406
title: Frauds by officers
content:
406. Every person who, while an officer of a company — ( a ) has by deceitful or fraudulent or dishonest means or by means of any other fraud induced any person to give credit to the company; ( b ) with intent to defraud creditors of the company, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the execution of any enforcement order against, the property of the company; or [Act 25 of 2021 wef 01/04/2022] ( c ) with intent to defraud creditors of the company, has concealed or removed any part of the property of the company since or within 2 months before the date of any unsatisfied judgment or order for payment of money obtained against the company, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: coa-1967
provision_ref: s407
chapter: PART 12 - GENERAL
section: 407
title: General penalty provisions
content:
407. —(1) A person who — ( a ) does that which under this Act the person is forbidden to do; ( b ) does not do that which under this Act the person is required or directed to do; or ( c ) otherwise contravenes or fails to comply with any provision of this Act, shall be guilty of an offence. (2) A person who is guilty of an offence under this Act shall be liable on conviction to a penalty or punishment not exceeding the penalty or punishment expressly mentioned as the penalty or punishment for the offence, or if a penalty or punishment is not so mentioned, to a fine not exceeding $1,000. (3) Every summons issued for an offence committed by an officer of a company or other person under this Act or any regulations may, despite anything in this Act, be served — ( a ) by delivering it to that person; ( b ) by delivering it to any adult person residing at that person’s last known place of abode or employed at that person’s last known place of business; or ( c ) by forwarding it by registered post in a cover addressed to that person at the person’s last known place of abode or business or at any address furnished by the person. (4) In proving service by registered post, it is sufficient to prove that the registered cover containing the summons was duly addressed and posted.


document_id: coa-1967
provision_ref: s408
chapter: PART 12 - GENERAL
section: 408
title: Default penalties
content:
408. —(1) Where a default penalty is provided in any section of this Act, any person who is convicted of an offence under this Act or who has been dealt with under section 409B for an offence under this Act in relation to that section shall be guilty of a further offence under this Act if the offence continues after the person is so convicted or after the person has been so dealt with and liable to an additional penalty for each day during which the offence so continues of not more than the amount expressed in the section as the amount of the default penalty or, if an amount is not so expressed, of not more than $200. [36/2014] (2) Where any offence is committed by a person by reason of the person’s failure to comply with any provision of this Act under which the person is required or directed to do anything within a particular period, that offence, for the purposes of subsection (1), is deemed to continue so long as the thing so required or directed to be done by the person remains undone, even though such period has elapsed. (3) For the purposes of any provision of this Act which provides that an officer of a company or corporation who is in default is guilty of an offence under this Act or is liable to a penalty or punishment, the phrase “officer who is in default” or any like phrase means any officer of the company or corporation who knowingly and wilfully — ( a ) is guilty of the offence; or ( b ) authorises or permits the commission of the offence.


document_id: coa-1967
provision_ref: s409
chapter: PART 12 - GENERAL
section: 409
title: Proceedings how and when taken
content:
409. —(1) Except where provision is otherwise made in this Act, proceedings for any offence under this Act may, with the authorisation of the Public Prosecutor, be taken by the Registrar or with the written consent of the Minister by any person. [15/2010] (2) [ Deleted by Act 36 of 2000 ] (3) Proceedings for any offence under this Act, other than an offence punishable with imprisonment for a term exceeding 6 months, may be prosecuted in a Magistrate’s Court and in the case of an offence punishable with imprisonment for a term of 6 months or more may be prosecuted in a District Court. (4) [ Deleted by Act 36 of 2014 ] (5) [ Deleted by Act 36 of 2014 ] (6) [ Deleted by Act 36 of 2014 ] (7) Any punishment authorised by this Act may be imposed by a District Court, even though it is a greater punishment than that Court is otherwise empowered to impose. (8) The Registrar and any officer authorised by the Registrar in writing has the right to appear and be heard before a Magistrate’s Court or a District Court in any proceedings for an offence under this Act.


document_id: coa-1967
provision_ref: s409A
chapter: PART 12 - GENERAL
section: 409A
title: Injunctions
content:
409A. —(1) Where a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of this Act, the Court may, on the application of — ( a ) the Registrar; or ( b ) any person whose interests have been, are or would be affected by the conduct, grant an injunction restraining the firstmentioned person from engaging in the conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing. (2) Where a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is required by this Act to do, the Court may, on the application of — ( a ) the Registrar; or ( b ) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing, grant an injunction requiring the firstmentioned person to do that act or thing. (3) Where an application is made to the Court for an injunction under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind mentioned in subsection (1) pending the determination of the application. (4) The Court may rescind or vary an injunction granted under subsection (1), (2) or (3). (5) Where an application is made to the Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the Court to grant the injunction may be exercised — ( a ) if the Court is satisfied that the person has engaged in conduct of that kind — whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or ( b ) if it appears to the Court that, in the event that an injunction is not granted, it is likely the person will engage in conduct of that kind — whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the firstmentioned person engages in conduct of that kind. (6) Where an application is made to the Court for a grant of an injunction requiring a person to do a particular act or thing, the power of the Court to grant the injunction may be exercised — ( a ) if the Court is satisfied that the person has refused or failed to do that act or thing — whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or ( b ) if it appears to the Court that, in the event that an injunction is not granted, it is likely the person will refuse or fail to do that act or thing — whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the firstmentioned person refuses or fails to do that act or thing. (7) Where the Registrar makes an application to the Court for the grant of an injunction under this section, the Court must not require the Registrar or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages. (8) Where the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.


document_id: coa-1967
provision_ref: s409B
chapter: PART 12 - GENERAL
section: 409B
title: Composition of offences
content:
409B. —(1) The Registrar may, in his or her discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [36/2014] (2) The Registrar may, in his or her discretion, compound any offence under this Act (including an offence under a provision that has been repealed) which — ( a ) was compoundable under this Act at the time the offence was committed; but ( b ) has ceased to be so compoundable, by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding the lower of the following: ( c ) one half of the amount of the maximum fine that is prescribed for the offence at the time it was committed; ( d ) $5,000. [36/2014] (3) On payment of the sum of money referred to in subsection (1) or (2), no further proceedings may be taken against that person in respect of the offence. [36/2014] (4) The Minister may prescribe the offences which may be compounded. [36/2014] Division 3 &#x2014; Miscellaneous


document_id: coa-1967
provision_ref: s409C
chapter: PART 12 - GENERAL
section: 409C
title: Appeal
content:
409C. —(1) Any party aggrieved by an act or a decision of the Registrar under this Act may, within 28 days after the date of the act or decision, appeal to the Court against the act or decision. [36/2014] (2) The Court may confirm the act or decision or give such directions in the matter as seem proper or otherwise determine the matter. [36/2014] (3) This section does not apply to any act or decision of the Registrar — ( a ) in respect of which any provision in the nature of an appeal or a review is expressly provided in this Act; or ( b ) which is declared by this Act to be conclusive or final or is embodied in any document declared by this Act to be conclusive evidence of any act, matter or thing. [36/2014]


document_id: coa-1967
provision_ref: s410
chapter: PART 12 - GENERAL
section: 410
title: Rules
content:
410. The Rules Committee constituted under section 80 of the Supreme Court of Judicature Act 1969 may, subject to and in accordance with the provisions of that law relating to the making of rules, make rules — ( a ) with respect to proceedings and the practice and procedure of the Court under this Act; ( b ) with respect to any matter or thing which is by this Act required or permitted to be prescribed by rules; and ( c ) without limiting this section, with respect to Court fees and costs and with respect to rules as to meetings ordered by the Court. [36/2014; 40/2018]


document_id: coa-1967
provision_ref: s411
chapter: PART 12 - GENERAL
section: 411
title: Regulations
content:
411. —(1) The Minister may make regulations for or with respect to — ( a ) the duties and functions of the Registrar, Deputy Registrars, Assistant Registrars and other persons appointed to assist with the administration of this Act; ( b ) regulating the use of virtual meeting technology for meetings held in the manner described in section 173J(2)( b ) or ( c ), including — (i) restricting or mandating the types of virtual meeting technology that may be used; (ii) restricting the means by which voting may be carried out, or mandating how voting may be carried out, using virtual meeting technology; (iii) imposing record keeping and auditing requirements in respect of the use of virtual meeting technology; (iv) imposing requirements relating to the verification or authentication of the identities of persons attending meetings using virtual meeting technology; and (v) mandating the notices and documents (including physical notices and documents) to be sent to persons attending or eligible to attend a meeting using virtual meeting technology; [Act 17 of 2023 wef 01/07/2023] ( ba ) all matters connected with or arising out of a compromise or an arrangement between a company and its creditors or any class of those creditors; [Act 17 of 2023 wef 01/07/2023] ( c ) the lodging or registration of documents and the time and manner of submission of documents for lodging or registration; ( d ) prescribing forms for the purposes of this Act; ( e ) prescribing the fees payable for the purposes of this Act, including but not limited to fees for — (i) the lodgment or registration of any document required to be lodged or registered with the Registrar; (ii) the issue of any document by the Registrar; (iii) any act required to be performed by the Registrar; or (iv) the inspection of any document mentioned in sub‑paragraphs (i) and (ii); ( ea ) prescribing the fees payable in respect of any of the following required or permitted under any other Act: (i) the lodgment or registration of any document with the Registrar; (ii) the issue of any document by the Registrar; (iii) the performance of any act by the Registrar; (iv) the inspection of any document mentioned in sub‑paragraphs (i) and (ii); ( eb ) prescribing the penalties payable for the late lodgment of any document; ( ec ) prescribing the manner in which prescribed fees and penalties are to be paid; ( ed ) the waiver, refund or remission, whether wholly or in part, of any fee or penalty chargeable under this Act; ( ee ) prescribing all matters connected with or arising from the restrictions under this Act as to the reservation or registration of names of companies and foreign companies (including rules for determining when a name falls within those restrictions); ( f ) prescribing times for the lodging of any documents with the Registrar; and ( g ) all matters or things which by this Act are required or permitted to be prescribed otherwise than by rules or which are necessary or expedient to be prescribed for giving effect to this Act. [36/2014; 15/2017; 40/2018] (2) The regulations may provide that a contravention of a specified provision of the regulations shall be an offence. [36/2014]


document_id: cons-1963
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Constitution, unless it is otherwise provided or the context otherwise requires — “Cabinet” means the Cabinet constituted under this Constitution; “Civil List” means the provision made under Article 22J for the maintenance of the President; “citizen of Singapore” means any person who, under the provisions of this Constitution, has the status of a citizen of Singapore; “commencement”, used with reference to this Constitution, means 9 August 1965; “Consolidated Fund” means the Consolidated Fund established by this Constitution; “Council of Presidential Advisers” means the Council of Presidential Advisers constituted under Part 5A; “existing law” means any law having effect as part of the law of Singapore immediately before the commencement of this Constitution; “Government” means the Government of Singapore; “high judicial office” means the office of the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division, a Judge of the High Court, a Judicial Commissioner, a Senior Judge or an International Judge, and “person holding high judicial office” has a corresponding meaning; “Judicial Service Commission” means the Judicial Service Commission constituted under this Constitution; [Act 32 of 2021 wef 14/01/2022] “law” includes written law and any legislation of the United Kingdom or other enactment or instrument whatsoever which is in operation in Singapore and the common law in so far as it is in operation in Singapore and any custom or usage having the force of law in Singapore; “Legal Service Commission” means the Legal Service Commission constituted under this Constitution; “Legislature” means the Legislature of Singapore; “Minister” means a Minister appointed under this Constitution; “office of profit” means, subject to clause (5), any whole time office in the public service; “Parliament” means the Parliament of Singapore; “President” means the President of Singapore elected under this Constitution and includes any person for the time being exercising the functions of the office of President; “Presidential Elections Committee” means the Presidential Elections Committee constituted under Article 18; “Prime Minister” means the Prime Minister of Singapore appointed under this Constitution; “public office” means, subject to clause (5), an office of emolument in the public service; “public officer” means the holder of any public office; “public seal” means the public seal of Singapore; “public service” means service under the Government; “Public Service Commission” means the Public Service Commission constituted under this Constitution; “register of electors” means any register of electors prepared under the provisions of any written law for the time being in force relating to Parliamentary elections; “remuneration”, in respect of any public officer, means only the emoluments of that officer, the whole or any part of which count for pension or gratuity in accordance with the provisions of any law relating to the grant of pensions or gratuities in respect of the public service; “reserves”, in relation to the Government, a statutory board or Government company, means the excess of assets over liabilities of the Government, statutory board or Government company, as the case may be; “session” means the sittings of Parliament commencing when it first meets after being constituted, or after its prorogation or dissolution at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued; “Singapore” means the Republic of Singapore; “sitting” means a period during which Parliament is sitting continuously without adjournment, including any period during which Parliament is in committee; “Speaker” and “Deputy Speaker” mean, respectively, the Speaker and a Deputy Speaker of Parliament; “Supreme Court Judge” means the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court; “term of office”, in relation to the Government, means the period — ( a ) commencing on the date the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after a general election; and ( b ) ending after the next general election on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27; “terms of service”, in respect of any officer, includes the remuneration to which that officer is entitled by virtue of his office, and any pension, gratuity or other like allowance payable to or in respect of that officer; “written law” means this Constitution and all Acts and Ordinances and subsidiary legislation for the time being in force in Singapore. [39/2014; 38/2019] (2) Except where this Constitution otherwise provides or where the context otherwise requires — ( a ) the person or authority having power to make substantive appointments to any public office may appoint a person to perform the functions of that office during any period when it is vacant or when the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; ( b ) every appointment to perform the functions of an office made under paragraph ( a ) shall be made in the same manner as and subject to the same conditions as apply to a substantive appointment to that office; ( c ) any reference in this Constitution to the holder of any office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office; and ( d ) any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment to perform the functions of that office. (3) Where in this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions. (4) For the purposes of this Constitution, the resignation of a member of any body or the holder of any office constituted by this Constitution that is required to be addressed to any person shall be deemed to have effect from the time that it is received by that person: Provided that, in the case of a resignation that is required to be addressed to the Speaker, the resignation shall, if the office of Speaker is vacant or the Speaker is absent from Singapore, be deemed to have effect from the time that it is received by a Deputy Speaker on behalf of the Speaker. (5) For the purposes of this Constitution, a person shall not be considered as holding a public office or an office of profit by reason of the fact that he is in receipt of any remuneration or allowances (including a pension or other like allowance) in respect of his tenure of the office of President, Prime Minister, Chief Justice, Speaker, Deputy Speaker, Minister, Parliamentary Secretary, Political Secretary, Member of Parliament, Ambassador, High Commissioner or such other office as the President may, from time to time, by order, prescribe. (6) ( a ) Without prejudice to clause (2) when the holder of any public office is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto. ( b ) Where 2 or more persons are holding the same office by reason of an appointment made pursuant to paragraph ( a ), the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office. (7) Where a person is required by this Constitution to take an oath, he shall be permitted, if he so desires, to comply with that requirement by making an affirmation. (7A) To avoid doubt, where a person is required to take, or take and subscribe, an oath under Article 20(3), 22N(5), 27, 37H(1), 75, 97(1), 105(8), 111B(4) or 111J(4), the person may take, or take and subscribe, the oath (or make an affirmation instead of taking the oath) by appearing before or in the presence of the person administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the person administering the oath or affirmation to — ( a ) maintain visual contact and communicate with the person taking, or taking and subscribing, the oath or making the affirmation, and any interpreter present, throughout the process; ( b ) confirm the identity of the person taking, or taking and subscribing, the oath or making the affirmation, and any interpreter present; and ( c ) if the oath or affirmation is to be subscribed, verify by inspection the oath or affirmation to be subscribed. [Act 26 of 2023 wef 01/12/2023] (7B) To avoid doubt, where a person is required to take the Oath of Renunciation, Allegiance and Loyalty under Article 122(4), 126(1) or (3) or 127(4), the person may take the oath (or make an affirmation instead of taking the oath) by appearing before the person administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the person administering the oath or affirmation to — ( a ) maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; ( b ) confirm the identity of the person taking the oath or making the affirmation, and any interpreter present; and ( c ) if the oath or affirmation is to be subscribed, verify by inspection the oath or affirmation to be subscribed. [Act 26 of 2023 wef 01/12/2023] (8) References in this Constitution to any period shall, so far as the context admits, be construed as including references to a period beginning before the commencement of this Constitution. (9) Subject to this Article, the Interpretation Act 1965 shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to any written law within the meaning of that Act. (10) Unless the context otherwise requires, any reference in this Constitution to a specified Part, Article or Schedule is a reference to that Part or Article of, or that Schedule to, this Constitution; any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the Part, that clause of the Article, that section of the Schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of Articles, sections or divisions of Articles or sections shall be construed as including both the first and the last member of the group referred to.


document_id: cons-1963
provision_ref: s3
chapter: PART 2 - THE REPUBLIC AND THE CONSTITUTION
section: 3
title: Republic of Singapore
content:
* 3. Singapore shall be a sovereign republic to be known as the Republic of Singapore. * Section 2(1)( d ), Constitution (Amendment) Act 1965 (No. 8 of 1965) and the Republic of Singapore Independence Act 1965 (No. 9 of 1965).


document_id: cons-1963
provision_ref: s4
chapter: PART 2 - THE REPUBLIC AND THE CONSTITUTION
section: 4
title: Supremacy of Constitution
content:
4. This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.


document_id: cons-1963
provision_ref: s5
chapter: PART 2 - THE REPUBLIC AND THE CONSTITUTION
section: 5
title: Amendment of Constitution
content:
5. —(1) Subject to this Article and Article 8, the provisions of this Constitution may be amended by a law enacted by the Legislature. (2) A Bill seeking to amend any provision in this Constitution shall not be passed by Parliament unless it has been supported on Second and Third Readings by the votes of not less than two‑thirds of the total number of Members of Parliament (excluding nominated Members). [28/2016] (3) In this Article, “amendment” includes addition and repeal.


document_id: cons-1963
provision_ref: s6
chapter: PART 3 - PROTECTION OF THE SOVEREIGNTY OF
section: 6
title:
No surrender of sovereignty or relinquishment of control over the Police Force or the Armed Forces except by referendum

content:
6. —(1) There shall be — ( a ) no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Singapore as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and ( b ) no relinquishment of control over the Singapore Police Force or the Singapore Armed Forces, unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two‑thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act 1954. (2) For the purposes of this Article — “Singapore Armed Forces” means the Singapore Armed Forces raised and maintained under the Singapore Armed Forces Act 1972, and includes any civil defence force formed under the Civil Defence Act 1986 and such other force as the President may, by notification in the Gazette , declare to be an armed force for the purposes of this Article; “Singapore Police Force” means the Singapore Police Force and the Special Constabulary established under the Police Force Act 2004 and any Auxiliary Police Force created in accordance with Part 9 of that Act, and includes the Vigilante Corps established under the Vigilante Corps Act 1967 and such other force as the President may, by notification in the Gazette , declare to be a police force for the purposes of this Article.


document_id: cons-1963
provision_ref: s7
chapter: PART 3 - PROTECTION OF THE SOVEREIGNTY OF
section: 7
title: Participation in co-operative international schemes which are beneficial to Singapore
content:
7. Without in any way derogating from the force and effect of Article 6, nothing in that Article shall be construed as precluding Singapore or any association, body or organisation therein from — ( a ) participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on Singapore or any association, body or organisation therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to Singapore or any association, body or organisation therein; or ( b ) entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, Confederation, country or countries or any association, body or organisation therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to Singapore in any way.


document_id: cons-1963
provision_ref: s8
chapter: PART 3 - PROTECTION OF THE SOVEREIGNTY OF
section: 8
title: No amendment to this Part except by referendum
content:
8. —(1) A Bill for making an amendment to this Part shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act 1954. (2) In this Article, “amendment” includes addition and repeal.


document_id: cons-1963
provision_ref: s9
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 9
title: Liberty of the person
content:
9. —(1) No person shall be deprived of his life or personal liberty save in accordance with law. (2) Where a complaint is made to the General Division of the High Court or any Judge sitting in the General Division of the High Court that a person is being unlawfully detained, the General Division of the High Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the General Division of the High Court and release him. [38/2019] (3) Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. (4) Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority. [9/2010] (5) Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker. (6) Nothing in this Article shall invalidate any law — ( a ) in force before the commencement of this Constitution which authorises the arrest and detention of any person in the interests of public safety, peace and good order; or ( b ) relating to the misuse of drugs, psychoactive substances or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation, by reason of such law being inconsistent with clauses (3) and (4), and, in particular, nothing in this Article shall affect the validity or operation of any such law before 10 March 1978. [Act 13 of 2023 wef 01/06/2024]


document_id: cons-1963
provision_ref: s10
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 10
title: Slavery and forced labour prohibited
content:
10. —(1) No person shall be held in slavery. (2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes. (3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.


document_id: cons-1963
provision_ref: s11
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 11
title: Protection against retrospective criminal laws and repeated trials
content:
11. —(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. (2) A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted.


document_id: cons-1963
provision_ref: s12
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 12
title: Equal protection
content:
12. —(1) All persons are equal before the law and entitled to the equal protection of the law. (2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment. (3) This Article does not invalidate or prohibit — ( a ) any provision regulating personal law; or ( b ) any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.


document_id: cons-1963
provision_ref: s13
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 13
title: Prohibition of banishment and freedom of movement
content:
13. —(1) No citizen of Singapore shall be banished or excluded from Singapore. (2) Subject to any law relating to the security of Singapore or any part thereof, public order, public health or the punishment of offenders, every citizen of Singapore has the right to move freely throughout Singapore and to reside in any part thereof.


document_id: cons-1963
provision_ref: s14
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 14
title: Freedom of speech, assembly and association
content:
14. —(1) Subject to clauses (2) and (3) — ( a ) every citizen of Singapore has the right to freedom of speech and expression; ( b ) all citizens of Singapore have the right to assemble peaceably and without arms; and ( c ) all citizens of Singapore have the right to form associations. (2) Parliament may by law impose — ( a ) on the rights conferred by clause (1)( a ), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence; ( b ) on the right conferred by clause (1)( b ), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and ( c ) on the right conferred by clause (1)( c ), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality. (3) Restrictions on the right to form associations conferred by clause (1)( c ) may also be imposed by any law relating to labour or education.


document_id: cons-1963
provision_ref: s15
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 15
title: Freedom of religion
content:
15. —(1) Every person has the right to profess and practise his religion and to propagate it. (2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. (3) Every religious group has the right — ( a ) to manage its own religious affairs; ( b ) to establish and maintain institutions for religious or charitable purposes; and ( c ) to acquire and own property and hold and administer it in accordance with law. (4) This Article does not authorise any act contrary to any general law relating to public order, public health or morality.


document_id: cons-1963
provision_ref: s16
chapter: PART 4 - FUNDAMENTAL LIBERTIES
section: 16
title: Rights in respect of education
content:
16. —(1) Without prejudice to the generality of Article 12, there shall be no discrimination against any citizen of Singapore on the grounds only of religion, race, descent or place of birth — ( a ) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or ( b ) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside Singapore). (2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law. (3) No person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own. (4) For the purposes of clause (3), the religion of a person under the age of 18 years shall be decided by his parent or guardian.


document_id: cons-1963
provision_ref: s17
chapter: PART 5 - THE GOVERNMENT
section: 17
title: The President
content:
17. —(1) There shall be a President of Singapore who shall be the Head of State. [28/2016] (2) In addition to being the Head of State, it is also the function of the President to safeguard the reserves of Singapore and the integrity of the Public Services of Singapore, and the President is to perform this function according to the provisions of this Constitution mentioned in clause (3). [28/2016] (3) The provisions mentioned by clause (2) are the provisions in Articles 22, 22A, 22B, 22C, 22D, 22E, 37B, 37C and 154A and Part 11 that authorise the President to act in his discretion. [28/2016] (4) The President may exercise such other powers and perform such other functions as are conferred on the President by this Constitution and any other written law. [28/2016]


document_id: cons-1963
provision_ref: s17A
chapter: PART 5 - THE GOVERNMENT
section: 17A
title: Election of President
content:
17A. —(1) The President is to be elected by the citizens of Singapore in accordance with any law made by the Legislature. [28/2016] (2) Any poll for the election of President must be held as follows: ( a ) in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or ( b ) in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent. [28/2016]


document_id: cons-1963
provision_ref: s18
chapter: PART 5 - THE GOVERNMENT
section: 18
title: Presidential Elections Committee
content:
18. —(1) The Presidential Elections Committee (called in this Article the Committee) is established and is to perform the functions relating to elections to the office of President conferred on it by this Constitution or any written law relating to such elections. [28/2016] (2) The Committee consists of — ( a ) the Chairman of the Public Service Commission, who is the Chairman of the Committee; ( b ) the Chairman of the Accounting and Corporate Regulatory Authority established by the Accounting and Corporate Regulatory Authority Act 2004; ( c ) a member of the Presidential Council for Minority Rights, appointed by the Chairman of that Council; ( d ) a member or former member of the Council of Presidential Advisers (but not the sitting Chairman of that Council or a former member who vacated his seat under Article 37F(2)( a ) or ( c )), appointed by the Chairman of that Council; ( e ) a person who is qualified to be or has been a Supreme Court Judge, appointed by the Chief Justice; and ( f ) a person, who in the opinion of the Prime Minister has expertise and experience acquired in the private sector that is relevant to the functions of the Committee, appointed by the Prime Minister. [12/2004; 28/2016; 38/2019] (3) A person appointed as a member under clause (2)( c ), ( d ), ( e ) or ( f ) holds office for a term of 6 years and may be re‑appointed. [28/2016] (4) The office of a member appointed under clause (2)( c ), ( d ), ( e ) or ( f ) falls vacant — ( a ) if the member dies; ( b ) if the member resigns from office in writing addressed to the Chairman of the Committee; ( c ) subject to clause (6), if the member’s appointment is revoked by the authority who appointed the member; ( d ) for a member appointed under clause (2)( c ), if the member ceases to be a member of the Presidential Council for Minority Rights; or ( e ) for a member who is a member of the Council of Presidential Advisers appointed under clause (2)( d ), if the member is subsequently appointed as the Chairman of the Council of Presidential Advisers or vacates his seat on that Council under Article 37F(2)( a ) or ( c ). [28/2016] (5) If the office of a member appointed under clause (2)( c ), ( d ), ( e ) or ( f ) falls vacant, a new member must be appointed as soon as practicable in accordance with the provisions of this Article under which the vacating member was appointed. [28/2016] (6) A member’s appointment cannot be revoked under clause (4)( c ) from the time a writ is issued for an election to the office of President until the time a person is declared to be elected to the office of President. [28/2016] (7) If any member of the Committee is absent from Singapore or for any other reason unable to discharge his functions, the following provisions apply: ( a ) if the member is the Chairman of the Committee, the Chairman must appoint a Deputy Chairman of the Public Service Commission to act on the Chairman’s behalf; ( b ) if the member is the Chairman of the Accounting and Corporate Regulatory Authority, the member must appoint another member of that Authority to act on the member’s behalf; ( c ) if the member is appointed under clause (2)( c ), ( d ), ( e ) or ( f ), another person must be appointed, in accordance with the provisions of this Article under which the member was appointed, to act on the member’s behalf. [28/2016] (8) A decision of the Committee must be made by a majority of its members present and voting and, if on any question before the Committee its members are equally divided, the Chairman of the Committee has a casting vote in addition to his original vote. [28/2016] (9) The Committee may act despite any vacancy in its membership. [28/2016] (10) Subject to this Constitution, the Committee may regulate its procedure and fix the quorum for its meetings. [28/2016] (11) Parliament may by law provide for the remuneration of members of the Committee and the remuneration so provided is charged on the Consolidated Fund. [28/2016] (12) A decision of the Committee as to whether a candidate for election to the office of President has fulfilled the requirements of Article 19(2)( e ) or ( g ) is final and is not subject to appeal or review in any court. [28/2016]


document_id: cons-1963
provision_ref: s19
chapter: PART 5 - THE GOVERNMENT
section: 19
title: Qualifications of President
content:
19. —(1) No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution. [28/2016] (2) A person shall be qualified to be elected as President if he — ( a ) is a citizen of Singapore; ( b ) is not less than 45 years of age; ( c ) possesses the qualifications specified in Article 44(2)( c ) and ( d ); ( d ) is not subject to any of the disqualifications specified in Article 45; ( e ) satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation; ( f ) is not a member of any political party on the date of his nomination for election; and ( g ) satisfies the Presidential Elections Committee that — (i) he has, at the date of the writ of election, met either the public sector service requirement in clause (3) or the private sector service requirement in clause (4); and (ii) the period of service counted for the purposes of clause (3)( a ), ( b ) or ( c )(i) or (4)( a )(i) or ( b )(i) or each of the 2 periods of service counted for the purposes of clause (3)( d ) or (4)( c ), as the case may be, falls partly or wholly within the 20 years immediately before the date of the writ of election. [28/2016] (3) The public sector service requirement is that the person has — ( a ) held office for a period of 3 or more years as Minister, Chief Justice, Speaker, Attorney‑General, Chairman of the Public Service Commission, Auditor‑General, Accountant‑General or Permanent Secretary; ( b ) served for a period of 3 or more years as the chief executive of an entity specified in the Fifth Schedule; ( c ) satisfied the following criteria: (i) the person has served for a period of 3 or more years in an office in the public sector; (ii) the Presidential Elections Committee is satisfied, having regard to the nature of the office and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who satisfies paragraph ( a ) or ( b ); and (iii) the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or ( d ) held office or served, as the case may be, for a first period of one or more years in an office mentioned in paragraph ( a ), ( b ) or ( c ) and a second period of one or more years in an office mentioned in paragraph ( a ), ( b ) or ( c ), and the 2 periods add up to 3 or more years. [28/2016] (4) The private sector service requirement is that the person has — ( a ) served as the chief executive of a company and — (i) the person’s most recent period of service as chief executive (ignoring any period of service shorter than a year) is 3 or more years in length; (ii) the company, on average, has at least the minimum amount in shareholders’ equity for the person’s most recent 3‑year period of service as chief executive; (iii) the company, on average, makes profit after tax for the entire time (continuous or otherwise) that the person served as the chief executive of the company; and (iv) if the person has ceased to be the chief executive of the company before the date of the writ of election, the company has not been subject to any insolvency event from the last day of his service as chief executive of the company until — (A) the date falling 3 years after that day; or (B) the date of the writ of election, whichever is earlier, as assessed solely on the basis of events occurring on or before the date of the writ of election; ( b ) satisfied the following criteria: (i) the person has served for a period of 3 or more years in an office in a private sector organisation; (ii) the Presidential Elections Committee is satisfied, having regard to the nature of the office, the size and complexity of the private sector organisation and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who has served as the chief executive of a typical company with at least the minimum amount of shareholders’ equity and who satisfies paragraph ( a ) in relation to such service; and (iii) the Presidential Elections Committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of President; or ( c ) subject to clause (5), served for a first period of one or more years in an office mentioned in paragraph ( a ) or ( b ) and a second period of one or more years in an office mentioned in paragraph ( a ) or ( b ), and the 2 periods add up to 3 or more years. [28/2016] (5) If a person proposes to rely on clause (4)( a ) for one or both periods of service under clause (4)( c ), the following provisions apply: ( a ) if the person proposes to rely on one period of service as the chief executive of a company — (i) instead of clause (4)( a )(i), the period of service relied on must be the most recent period that the person served as the chief executive of the company (ignoring any period of service less than a year); (ii) instead of clause (4)( a )(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for that period of service; and (iii) clause (4)( a )(iii) and (iv) applies without modification in relation to the company; ( b ) if the person proposes to rely on one period of service as the chief executive of one company and one period of service as the chief executive of another company — (i) instead of clause (4)( a )(i), the period of service relied on for each company must be the most recent period that the person served as the chief executive of that company (ignoring any period of service less than a year); (ii) instead of clause (4)( a )(ii), each company must, on average, have at least the minimum amount in shareholders’ equity for the period of service relied on; and (iii) clause (4)( a )(iii) and (iv) applies without modification in relation to each company; ( c ) if the person proposes to rely on 2 periods of service as the chief executive of one company — (i) instead of clause (4)( a )(i), the 2 periods of service must be the 2 most recent periods of service that the person served as the chief executive of the company (ignoring any period of service less than a year); (ii) instead of clause (4)( a )(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for each period of service; and (iii) clause (4)( a )(iii) and (iv) applies without modification in relation to the company. [28/2016] (6) The Legislature may, by law — ( a ) specify how the Presidential Elections Committee is to calculate and determine shareholders’ equity for the purposes of clauses (4)( a )(ii) and ( b )(ii) and (5)( a )(ii), ( b )(ii) and ( c )(ii); ( b ) specify how the Presidential Elections Committee is to calculate and determine profit after tax for the purposes of clause (4)( a )(iii); and ( c ) prescribe what constitutes an insolvency event for the purposes of clause (4)( a )(iv). [28/2016] (7) The minimum amount mentioned in clauses (4)( a )(ii) and ( b )(ii) and (5)( a )(ii), ( b )(ii) and ( c )(ii) is $500 million and this amount can be increased if — ( a ) a committee consisting of all the members of the Presidential Elections Committee presents to Parliament a recommendation that the amount be increased; and ( b ) Parliament, by resolution, decides to increase the amount by the extent recommended by the committee or by any lesser extent. [28/2016] (8) A resolution under clause (7)( b ) cannot be passed — ( a ) when the office of President is vacant; or ( b ) during the 6 months before the date on which the term of office of an incumbent President expires. [28/2016] (9) The committee mentioned in clause (7)( a ) — ( a ) may regulate its own procedure and make rules for that purpose; ( b ) may from time to time, and must at least once every 12 years (starting from the date of commencement of section 7( b ) of the Constitution of the Republic of Singapore (Amendment) Act 2016), review the minimum amount of shareholders’ equity required under clauses (4)( a )(ii) and ( b )(ii) and (5)( a )(ii), ( b )(ii) and ( c )(ii); and ( c ) must present a report of its conclusions to Parliament (even if it does not recommend an increase). [28/2016] (10) In clauses (3), (4) and (5), unless the context otherwise requires — “chief executive”, in relation to an entity or organisation, means the most senior executive (however named) in that entity or organisation, who is principally responsible for the management and conduct of the entity’s or organisation’s business and operations; “company” means a company limited by shares and incorporated or registered in Singapore under the general law relating to companies; “period” means continuous period. [28/2016]


document_id: cons-1963
provision_ref: s19A
chapter: PART 5 - THE GOVERNMENT
section: 19A
title: Disabilities of President
content:
19A. —(1) The President must — ( a ) not hold any other office created or recognised by this Constitution; ( b ) not actively engage in any commercial enterprise; ( c ) not be a member of any political party; and ( d ) if he is a Member of Parliament, vacate his seat in Parliament. [28/2016] (2) Nothing in clause (1) is to be construed as requiring any person exercising the functions of the office of President under Article 22N or 22O to — ( a ) if he is a member of any political party, resign as a member of that party; or ( b ) vacate his seat in Parliament or any other office created or recognised by this Constitution. [28/2016]


document_id: cons-1963
provision_ref: s19B
chapter: PART 5 - THE GOVERNMENT
section: 19B
title:
Reserved election for community that has not held office of President for 5 or more consecutive terms

content:
19B. —(1) An election for the office of President is reserved for a community if no person belonging to that community has held the office of President for any of the 5 most recent terms of office of the President. [28/2016] (2) A person is qualified to be elected as President — ( a ) in an election reserved for one community under clause (1), only if the person belongs to the community for which the election is reserved and satisfies the requirements in Article 19; ( b ) in an election reserved for 2 communities under clause (1) — (i) only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greater number of consecutive terms of office immediately before the election; or (ii) if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the other community for which the election is reserved; and ( c ) in an election reserved for all 3 communities under clause (1) — (i) only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the greatest number of consecutive terms of office immediately before the election; (ii) if no person qualifies under sub-paragraph (i), only if the person satisfies the requirements in Article 19 and belongs to the community from which a person has not held the office of President for the next greatest number of consecutive terms of office immediately before the election; or (iii) if no person qualifies under sub‑paragraph (i) or (ii), only if the person satisfies the requirements in Article 19 and belongs to the remaining community. [28/2016] (3) For the purposes of this Article, a person who exercises the functions of the President under Article 22N or 22O is not considered to have held the office of President. [28/2016] (4) The Legislature may, by law — ( a ) provide for the establishment of one or more committees to decide, for the purposes of this Article, whether a person belongs to the Chinese community, the Malay community or the Indian or other minority communities; ( b ) prescribe the procedure by which a committee under paragraph ( a ) decides whether a person belongs to a community; ( c ) provide for the dispensation of the requirement that a person must belong to a community in order to qualify to be elected as President if, in a reserved election, no person who qualifies to be elected as President under clause (2)( a ), ( b ) or ( c ) (as the case may be) is nominated as a candidate for election as President; and ( d ) make such provisions the Legislature considers necessary or expedient to give effect to this Article. [28/2016] (5) No provision of any law made pursuant to this Article is invalid on the ground of inconsistency with Article 12 or is considered to be a differentiating measure under Article 78. [28/2016] (6) In this Article — “community” means — ( a ) the Chinese community; ( b ) the Malay community; or ( c ) the Indian or other minority communities; “person belonging to the Chinese community” means any person who considers himself to be a member of the Chinese community and who is generally accepted as a member of the Chinese community by that community; “person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community; “person belonging to the Indian or other minority communities” means any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community, or any person who belongs to any minority community other than the Malay or Indian community; “term of office” includes an uncompleted term of office. [28/2016]


document_id: cons-1963
provision_ref: s20
chapter: PART 5 - THE GOVERNMENT
section: 20
title: Term of office
content:
20. —(1) The President shall hold office for a term of 6 years from the date on which he assumes office. (2) The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election. (3) Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Supreme Court Judge the Oath of Office in the form set out in the First Schedule. [38/2019]


document_id: cons-1963
provision_ref: s21
chapter: PART 5 - THE GOVERNMENT
section: 21
title: Discharge and performance of functions of President
content:
21. —(1) Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet. (2) The President may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the other provisions of this Constitution): ( a ) the appointment of the Prime Minister in accordance with Article 25; ( b ) the withholding of consent to a request for a dissolution of Parliament. [28/2016] (3) [ Deleted by Act 28 of 2016 ] (4) [ Deleted by Act 28 of 2016 ] (5) The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than — ( a ) functions exercisable in his discretion; and ( b ) functions with respect to the exercise of which provision is made in any other provision of this Constitution.


document_id: cons-1963
provision_ref: s21A
chapter: PART 5 - THE GOVERNMENT
section: 21A
title: General time limit for President to exercise discretionary powers
content:
21A. —(1) In any particular case where this Constitution authorises the President to act in his discretion in assenting to, concurring with, approving, disapproving or confirming any matter, the President must signify his decision within the specified period — ( a ) after his assent, concurrence, approval or confirmation is sought; or ( b ) after he is informed of a proposed transaction under Article 22B(6), 22D(5) or 148G(1), as the case may be. [28/2016] (2) Subject to any reduction or extension under clause (3), the specified period for the purposes of clause (1) is — ( a ) 30 days for the following matters: (i) whether to concur with the introduction of a Bill to which Article 5A or 5B applies; (ii) whether to assent to a Supply Bill, Supplementary Supply Bill, Final Supply Bill or a Bill to which Article 5C or 22H applies; (iii) whether to concur under Article 22G with the making of an inquiry or the carrying out of an investigation by the Director of the Corrupt Practices Investigation Bureau; (iv) whether to confirm under Article 22I a restraining order made under the Maintenance of Religious Harmony Act 1990; (v) whether to concur under Article 151(4) with the detention or further detention of a person; and ( b ) 6 weeks in all other cases. [28/2016] (3) In any particular case, the specified period in clause (2) may — ( a ) if the Prime Minister certifies to the President at the time the President’s decision is sought or at any time thereafter that the case is so urgent that it is not in the public interest to delay a decision, be reduced to the period certified by the Prime Minister (which must not end less than 15 days after the date of the certificate); or ( b ) be extended according to any agreement between the President, acting in his discretion, and the Cabinet. [28/2016] (4) For the purposes of Articles 5C(1) and 22H(1), if a reference is made under Article 5C(2) or 22H(2), respectively, the time from the making of the reference to the tribunal’s pronouncement of its opinion is not counted towards the specified period. [28/2016] (5) If in any particular case the President fails to signify his decision within the specified period, the President is deemed to have, at the end of that period — ( a ) subject to paragraph ( c ), given the assent, concurrence, approval or confirmation sought in that case; ( b ) in a case under Article 22B(7), 22D(6) or 148G(2), declined to disapprove the proposed transaction that the President was informed of; or ( c ) in a case under Article 22G, refused to concur with the making of an inquiry or the carrying out of an investigation by the Director of the Corrupt Practices Investigation Bureau, as the case may be. [28/2016] (6) This Article does not apply to — ( a ) the President’s discretion under this Constitution to withhold consent to a request for a dissolution of Parliament; and ( b ) the President’s discretion under Article 22Q(1)( c ). [Act 35 of 2023 wef 14/09/2023]


document_id: cons-1963
provision_ref: s22
chapter: PART 5 - THE GOVERNMENT
section: 22
title: Appointment of public officers, etc.
content:
22. Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act: ( a ) the Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges of the High Court, Judicial Commissioners, Senior Judges and International Judges; ( b ) the Attorney-General; ( c ) the Chairman and members of the Presidential Council for Minority Rights; ( d ) the chairman and members of the Presidential Council for Religious Harmony constituted under the Maintenance of Religious Harmony Act 1990; ( e ) the chairman and members of an advisory board constituted for the purposes of Article 151; ( f ) the Chairman and members of the Public Service Commission, and the members of a personnel board established under Article 110D to exercise any power over Division I officers; ( fa ) a member of the Judicial Service Commission (other than the President and the Vice‑President of that Commission) and a member of a personnel board established under Article 111I; [Act 32 of 2021 wef 14/01/2022] ( fb ) a member of the Legal Service Commission (other than the President and the Vice‑President of that Commission) and a member of a personnel board established under Article 111Q; [Act 32 of 2021 wef 14/01/2022] ( g ) the Chief Valuer; ( h ) the Auditor-General; ( i ) the Accountant-General; ( j ) the Chief of Defence Force; ( k ) the Chiefs of the Air Force, Army, Navy, and Digital and Intelligence Service; [Act 25 of 2022 wef 28/10/2022] ( l ) a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act 1972; ( m ) the Commissioner of Police; and ( n ) the Director of the Corrupt Practices Investigation Bureau. [31/2007; 39/2014; 28/2016; 38/2019]


document_id: cons-1963
provision_ref: s22A
chapter: PART 5 - THE GOVERNMENT
section: 22A
title: Appointment of members of statutory boards
content:
22A. —(1) Notwithstanding any other provision of this Constitution — ( a ) where the President is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this Article applies, the President, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or ( b ) in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this Article applies and no revocation of such appointment shall be made by any appointing authority unless the President, acting in his discretion, concurs therewith. (2) ( a ) The chairman or member of a statutory board to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment. ( b ) Any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1)( b ) or any revocation thereof shall be void if made without the concurrence of the President. (3) This Article shall apply to the statutory boards specified in Part 1 of the Fifth Schedule. (4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette , add any other statutory board to Part 1 of the Fifth Schedule; and no statutory board shall be removed from that Part by any such order. (5) No statutory board shall by order under clause (4) be added to Part 1 of the Fifth Schedule if the total value of the reserves of the statutory board on the date of making of such order is less than $500 million. [28/2016]


document_id: cons-1963
provision_ref: s22B
chapter: PART 5 - THE GOVERNMENT
section: 22B
title: Budgets of statutory boards
content:
22B. —(1) Every statutory board to which Article 22A applies shall — ( a ) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman and the chief executive officer of the statutory board whether the budget when implemented is likely to draw on the reserves which were not accumulated by the statutory board during the current term of office of the Government; ( b ) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph ( a ) relating to such supplementary budget; and ( c ) within 6 months after the close of that financial year, present to the President — (i) a full and particular audited statement showing the revenue received and expenditure incurred by the statutory board during that financial year; (ii) as far as practicable, an audited statement of the assets and liabilities of the statutory board at the end of that financial year; and (iii) a declaration by the chairman and the chief executive officer of the statutory board whether the statements referred to in sub-paragraphs (i) and (ii) show any drawing on the reserves which were not accumulated by the statutory board during the current term of office of the Government. (2) The President, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette . (3) Where by the first day of the financial year of such statutory board the President has not approved its budget for that financial year, the statutory board — ( a ) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and ( b ) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year, and if the President does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year. (4) Any amount expended during a financial year under clause (3)( b ) shall be included in any revised budget subsequently presented to the President under that clause for that financial year. (5) Nothing in this Article shall prevent the taking of any action by the Monetary Authority of Singapore in the management of the Singapore dollar; and a certificate under the hand of the chairman of the board of directors of the Monetary Authority of Singapore shall be conclusive evidence that any action was or was not taken for such purpose. (6) It shall be the duty of every statutory board and its chief executive officer to which this Article applies to inform the President of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government. (7) Where the President has been so informed under clause (6) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette . (8) Where after 30 November 1991 a statutory board is specified in Part 1 of the Fifth Schedule pursuant to an order made under Article 22A(4), any reference in this Article to the approved budget of a statutory board for the preceding financial year shall, in relation to the first-mentioned statutory board, be read as a reference to the budget for the financial year of the first‑mentioned statutory board during which that order was made. (9) For the purposes of this Article, a proposed transfer or transfer (whether by or under any written law or otherwise) by any statutory board to which this Article applies (referred to in this clause and clause (10) as the transferor board) of any of its reserves to — ( a ) the Government; ( b ) any Government company specified in Part 2 of the Fifth Schedule (referred to in this clause and clause (10) as the transferee company); or ( c ) another such statutory board (referred to in this clause and clause (10) as the transferee board), shall not be taken into account in determining whether the reserves accumulated by the transferor board before the current term of office of the Government are likely to be or have been drawn on if — (i) in the case of a proposed transfer or transfer of reserves by a transferor board to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor board to the reserves accumulated by the Government before its current term of office; (ii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor board shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or (iii) in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the transferor board shall be added to the reserves accumulated by the transferee board before the current term of office of the Government. [12/2004] (10) Any reserves transferred by a transferor board together with or under any undertaking, resolution or written law referred to in clause (9) shall be deemed to form part of the reserves accumulated by the Government, transferee company or (as the case may be) transferee board before the current term of office of the Government as follows: ( a ) where the budget of the transferor board for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year; ( b ) where a supplementary budget of the transferor board provides for the proposed transfer and the supplementary budget is approved by the President — on the date of such approval by the President; or ( c ) in any other case — on the date those reserves are so transferred. [24/2002; 12/2004]


document_id: cons-1963
provision_ref: s22C
chapter: PART 5 - THE GOVERNMENT
section: 22C
title: Appointment of directors of Government companies
content:
22C. —(1) Notwithstanding the provisions of the memorandum and articles of association of the company, the appointment or removal of any person as a director or chief executive officer of any Government company to which this Article applies shall not be made unless the President, acting in his discretion, concurs with such appointment or removal. (2) ( a ) A director of a Government company to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment. ( b ) Any appointment or removal of any director or chief executive officer of a Government company to which this Article applies without the concurrence of the President shall be void and of no effect. (3) This Article shall apply to the Government companies specified in Part 2 of the Fifth Schedule. (4) Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other Government company to Part 2 of the Fifth Schedule; and no Government company shall be removed from that Part by any such order. (5) No Government company shall by order under clause (4) be added to Part 2 of the Fifth Schedule unless on the date of making of such order — ( a ) the value of the share holders’ funds of the company attributable to the Government’s interest in the company is worth $500 million or more; and ( b ) it is not a subsidiary of any of the Government companies specified in Part 2 of the Fifth Schedule; and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act 1967. [28/2016]


document_id: cons-1963
provision_ref: s22D
chapter: PART 5 - THE GOVERNMENT
section: 22D
title: Budgets of Government companies
content:
22D. —(1) The board of directors of every Government company to which Article 22C applies shall — ( a ) before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the budget when implemented is likely to draw on the reserves which were not accumulated by the Government company during the current term of office of the Government; ( b ) present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph ( a ) relating to such supplementary budget; and ( c ) within 6 months after the close of that financial year, present to the President — (i) a full and particular audited profit and loss account showing the revenue collected and expenditure incurred by the Government company during that financial year, and an audited balance-sheet showing the assets and liabilities of the Government company at the end of that financial year; and (ii) a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the audited profit and loss account and balance-sheet of the Government company show any drawing on the reserves which were not accumulated by the Government company during the current term of office of the Government. (2) The President, acting in his discretion, may disapprove the budget or supplementary budget of any such Government company if, in his opinion, the budget is likely to draw on reserves which were not accumulated by that company during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette . (3) Where by the first day of the financial year of such Government company the President has not approved its budget for that financial year, the Government company — ( a ) shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and ( b ) may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the Government company for the preceding financial year, and if the President does not approve the revised budget, the Government company may during that financial year incur a total expenditure not exceeding the amount provided in the approved budget of the Government company for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year. (4) Any amount expended during a financial year under clause (3)( b ) shall be included in any revised budget subsequently presented to the President under that clause for that financial year. (5) It shall be the duty of the board of directors and the chief executive officer of every Government company referred to in this Article to inform the President of any proposed transaction of the company which is likely to draw on the reserves accumulated by the company prior to the current term of office of the Government. (6) Where the President has been so informed under clause (5) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the Government company prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette . (7) Where after 30 November 1991 a Government company is specified in Part 2 of the Fifth Schedule pursuant to an order made under Article 22C(4), any reference in this Article to the approved budget of a Government company for the preceding financial year shall, in relation to the first-mentioned Government company, be read as a reference to the budget for the financial year of the first‑mentioned Government company immediately preceding the making of that order. (8) For the purposes of this Article, a proposed transfer or transfer by any Government company to which this Article applies (referred to in this clause and clause (9) as the transferor company) of any of its reserves to — ( a ) the Government; ( b ) any statutory board specified in Part 1 of the Fifth Schedule (referred to in this clause and clause (9) as the transferee board); or ( c ) another such Government company (referred to in this clause and clause (9) as the transferee company), shall not be taken into account in determining whether the reserves accumulated by the transferor company before the current term of office of the Government are likely to be or have been drawn on if — (i) in the case of a proposed transfer or transfer of reserves by a transferor company to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor company to the reserves accumulated by the Government before its current term of office; (ii) in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee board — the transferee board by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee board before the current term of office of the Government; or (iii) in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee company before the current term of office of the Government. [12/2004] (9) Any reserves transferred by a transferor company together with or under any undertaking or resolution referred to in clause (8) shall be deemed to form part of the reserves accumulated by the Government, transferee board or (as the case may be) transferee company before the current term of office of the Government as follows: ( a ) where the budget of the transferor company for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year; ( b ) where a supplementary budget of the transferor company provides for the proposed transfer of reserves and the supplementary budget is approved by the President — on the date of such approval by the President; or ( c ) in any other case — on the date those reserves are so transferred. [12/2004]


document_id: cons-1963
provision_ref: s22E
chapter: PART 5 - THE GOVERNMENT
section: 22E
title: Moneys of the Central Provident Fund
content:
22E. The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament which 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.


document_id: cons-1963
provision_ref: s22F
chapter: PART 5 - THE GOVERNMENT
section: 22F
title: President’s access to information
content:
22F. —(1) In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning — ( a ) the Government which is available to the Cabinet; and ( b ) any statutory board or Government company to which Article 22A or 22C, as the case may be, applies which is available to the members of the statutory board or the directors of the Government company. (2) The President may request — ( a ) any Minister, or any senior officer of a Ministry or of a department of the Government; or ( b ) the chief executive officer and any member of the governing board of any statutory board or the directors of any Government company to which Article 22A or 22C, as the case may be, applies, to furnish any information referred to in clause (1) concerning the reserves of the Government, the statutory board or Government company, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.


document_id: cons-1963
provision_ref: s22G
chapter: PART 5 - THE GOVERNMENT
section: 22G
title: Concurrence of President for certain investigations
content:
22G. Notwithstanding that the Prime Minister has refused to give his consent to the Director of the Corrupt Practices Investigation Bureau to make any inquiries or to carry out any investigations into any information received by the Director touching upon the conduct of any person or any allegation or complaint made against any person, the Director may make such inquiries or carry out investigations into such information, allegation or complaint if the President, acting in his discretion, concurs therewith.


document_id: cons-1963
provision_ref: s22H
chapter: PART 5 - THE GOVERNMENT
section: 22H
title: President may withhold assent to certain Bills
content:
22H. —(1) The President may, acting in his discretion, in writing withhold his assent to any Bill (other than a Bill seeking to amend this Constitution), if the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution. (2) The President, acting in accordance with the advice of the Cabinet, may pursuant to Article 100 (and whether before or after his assent has been withheld to a Bill under clause (1)), refer to a tribunal for its opinion the question whether the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution; and where such a reference is made to the tribunal, Article 100 shall apply, with the necessary modifications, to that reference. (3) Where a reference is made to the tribunal and the tribunal is of the opinion that neither the Bill nor any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, the President shall be deemed to have assented to the Bill on the day immediately after the day of the pronouncement of the opinion of the tribunal in open court.


document_id: cons-1963
provision_ref: s22I
chapter: PART 5 - THE GOVERNMENT
section: 22I
title: Restraining order under Maintenance of Religious Harmony Act 1990
content:
22I. The President, acting in his discretion, may cancel, vary, confirm or refuse to confirm a restraining order made under the Maintenance of Religious Harmony Act 1990 where the advice of the Cabinet is contrary to the recommendation of the Presidential Council for Religious Harmony.


document_id: cons-1963
provision_ref: s22J
chapter: PART 5 - THE GOVERNMENT
section: 22J
title: Civil List and personal staff of President
content:
22J. —(1) The Legislature shall by law provide a Civil List for the maintenance of the President. (2) Any person exercising the functions of the office of President under Article 22N or 22O shall, during any period in which he exercises those functions, be entitled to such remuneration as the Legislature may by law provide. (3) The Civil List for the maintenance of the President or any person exercising the functions of the office of President shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the President or that person. (4) Subject to clause (5), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the President shall be matters for the President acting in his discretion. (5) The President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of clause (4) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the President but not as respects his service as a public officer. (6) The remuneration of the personal staff of the President, other than a person appointed under clause (5), shall be defrayed out of the Civil List for the maintenance of the President.


document_id: cons-1963
provision_ref: s22K
chapter: PART 5 - THE GOVERNMENT
section: 22K
title: Immunity of President from suit
content:
22K. —(1) Except as provided in clause (4), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity. (2) No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office. (3) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as President shall not be taken into account in calculating any period of time prescribed by that law. (4) The immunity conferred by clause (1) shall not apply to — ( a ) any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 22L; or ( b ) any proceedings before the Election Judge under Article 93A to determine the validity of any Presidential election.


document_id: cons-1963
provision_ref: s22L
chapter: PART 5 - THE GOVERNMENT
section: 22L
title: Vacation of and removal from office of President
content:
22L. —(1) The office of President shall become vacant — ( a ) upon the death of the President; ( aa ) if the President ceases to be a citizen of Singapore; ( b ) if the President resigns his office by writing under his hand addressed to the Prime Minister; ( c ) if the President is removed from office in accordance with clauses (3) to (7); ( d ) if the Election Judge in the exercise of his powers under Article 93A determines that the election of the President was void and does not determine that any other person was duly elected as President; or ( e ) if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President. [28/2016] (2) [ Deleted by Act 17 of 1994 ] (3) The Prime Minister or not less than one-quarter of the total number of Members of Parliament (excluding nominated Members) may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of — ( a ) intentional violation of the Constitution; ( b ) treason; ( c ) misconduct or corruption involving the abuse of the powers of his office; ( d ) any offence involving fraud, dishonesty or moral turpitude; or ( e ) intentionally or knowingly making a materially false or misleading statement of fact, or intentionally or knowingly failing to state a material fact, to the Presidential Elections Committee for the purpose of demonstrating his eligibility to be elected as President, and setting out full particulars of the allegations made and seeking an inquiry and report thereon. [28/2016] (4) Where the motion referred to in clause (3) has been adopted by not less than half of the total number of Members of Parliament (excluding nominated Members), the Chief Justice shall appoint a tribunal to inquire into the allegations made against the President. [28/2016] (5) A tribunal appointed by the Chief Justice shall consist of not less than 5 Supreme Court Judges of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose. [38/2019] (6) A tribunal shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor. (7) Where the tribunal reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three‑quarters of the total number of Members of Parliament (excluding nominated Members) remove the President from office. [28/2016]


document_id: cons-1963
provision_ref: s22M
chapter: PART 5 - THE GOVERNMENT
section: 22M
title:
Determination by Election Judge that President was not duly elected or election of President was void

content:
22M. —(1) Where the Election Judge in the exercise of his jurisdiction under Article 93A determines — ( a ) that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than 6 months from the date of the determination; or ( b ) that any other person was duly elected as President, then, such other person shall assume the office of President forthwith after the determination. (2) Upon the Election Judge making any determination that the election of the President was void and no other person was duly elected as President, the person who immediately before such determination was exercising the functions of the office of President shall forthwith cease to exercise such functions. (3) The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Election Judge subsequently determines that the election of such person as President was void or undue.


document_id: cons-1963
provision_ref: s22N
chapter: PART 5 - THE GOVERNMENT
section: 22N
title: Persons to exercise functions of President when office is vacant
content:
22N. —(1) If the office of President becomes vacant, the Chairman of the Council of Presidential Advisers or, if he is unavailable, the Speaker shall exercise the functions of the office of President during the period between the date the office of President becomes vacant and the assumption of office by the person declared elected as President. (2) If neither the Chairman of the Council of Presidential Advisers nor the Speaker is available, Parliament may appoint a person in accordance with clause (3) to exercise the functions of the office of President during the period referred to in clause (1). (3) Parliament shall not appoint any person to exercise the functions of the office of President under clause (2) unless the person is qualified to be elected as President. (4) The provisions of this Chapter relating to immunity from suits shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if references to the President in those provisions were references to that person. (5) Any person required or appointed to exercise the functions of the office of President pursuant to this Article or Article 22O shall, before exercising those functions, take and subscribe in the presence of the Chief Justice or another Supreme Court Judge the Oath of Office in the form set out in the First Schedule, except that neither the Chairman of the Council of Presidential Advisers nor the Speaker shall, during his term of office as such Chairman or as Speaker, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of President. [38/2019]


document_id: cons-1963
provision_ref: s22O
chapter: PART 5 - THE GOVERNMENT
section: 22O
title: Temporary disability of President
content:
22O. —(1) Subject to clause (2), if the President becomes temporarily unable, whether by reason of ill-health, absence from Singapore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 22N shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22N shall apply, with the necessary modifications, to that person. (2) Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed. (3) Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.


document_id: cons-1963
provision_ref: s22P
chapter: PART 5 - THE GOVERNMENT
section: 22P
title: Grant of pardon, etc.
content:
22P. —(1) The President, as occasion shall arise, may, on the advice of the Cabinet — ( a ) grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one; ( b ) grant to any offender convicted of any offence in any court in Singapore, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or ( c ) remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law. (2) Where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the President shall cause the reports which are made to him by the Judge who tried the case and the Chief Justice or other presiding Judge of the appellate court to be forwarded to the Attorney‑General with instructions that, after the Attorney‑General has given his opinion thereon, the reports shall be sent, together with the Attorney‑General’s opinion, to the Cabinet so that the Cabinet may advise the President on the exercise of the power conferred on him by clause (1). [12/2004]


document_id: cons-1963
provision_ref: s22Q
chapter: PART 5 - THE GOVERNMENT
section: 22Q
title:
President may perform foreign and international roles in private capacity if national interest requires

content:
22Q. —(1) The President may accept and hold an office in a foreign or international organisation in his private capacity if, and only if — ( a ) the President is not disabled by Article 19A(1) from performing the functions of that office; ( b ) the Cabinet advises the President that it is in the national interest for the President to accept and hold that office; and ( c ) the President, acting in his discretion, concurs with the advice of the Cabinet. (2) The Cabinet may from time to time advise the President against saying or doing anything in the performance of the functions of any office the President is holding pursuant to clause (1), and the President must act in accordance with the advice of the Cabinet. (3) The President must relinquish any office he holds pursuant to clause (1) if so advised by the Cabinet. (4) The President’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette . [Act 35 of 2023 wef 14/09/2023] Chapter 2 — The Executive


document_id: cons-1963
provision_ref: s23
chapter: PART 5 - THE GOVERNMENT
section: 23
title: Executive authority of Singapore
content:
23. —(1) The executive authority of Singapore shall be vested in the President and exercisable subject to the provisions of this Constitution by him or by the Cabinet or any Minister authorised by the Cabinet. (2) The Legislature may by law confer executive functions on other persons.


document_id: cons-1963
provision_ref: s24
chapter: PART 5 - THE GOVERNMENT
section: 24
title: Cabinet
content:
24. —(1) There shall be in and for Singapore a Cabinet which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with Article 25. (2) Subject to the provisions of this Constitution, the Cabinet shall have the general direction and control of the Government and shall be collectively responsible to Parliament.


document_id: cons-1963
provision_ref: s25
chapter: PART 5 - THE GOVERNMENT
section: 25
title: Appointment of Prime Minister and Ministers
content:
25. —(1) The President shall appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament: Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof. (2) Appointments under this Article shall be made by the President by instrument under the public seal.


document_id: cons-1963
provision_ref: s26
chapter: PART 5 - THE GOVERNMENT
section: 26
title: Tenure of office of Prime Minister and Ministers
content:
26. —(1) The President shall, by writing under the public seal, declare the office of Prime Minister vacant — ( a ) if the Prime Minister resigns his office by writing under his hand addressed to the President; or ( b ) if the President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the Members of Parliament: Provided that, before declaring the office of Prime Minister vacant under this paragraph, the President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the President may dissolve Parliament instead of making such a declaration. (2) A Minister, other than the Prime Minister, shall vacate his office — ( a ) if his appointment to that office is revoked by the President, acting in accordance with the advice of the Prime Minister, by instrument under the public seal; or ( b ) if he resigns his office by writing under his hand addressed to the President. (3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time. (4) ( a ) Whenever the Prime Minister is ill or absent from Singapore or has been granted leave of absence from his duties under Article 32, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorised by the President, by instrument under the public seal, in that behalf. ( b ) The President may, by instrument under the public seal, revoke any authority given under this clause. ( c ) The powers conferred upon the President by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister’s illness or absence, and in any other case shall be exercised by the President in accordance with the advice of the Prime Minister.


document_id: cons-1963
provision_ref: s27
chapter: PART 5 - THE GOVERNMENT
section: 27
title: Oath
content:
27. The Prime Minister and every other Minister shall, before entering on the duties of his office, take and subscribe before the President the Oath of Allegiance and the appropriate Oath for the due execution of his office in the forms set out in the First Schedule.


document_id: cons-1963
provision_ref: s28
chapter: PART 5 - THE GOVERNMENT
section: 28
title: Summoning of and presiding in Cabinet
content:
28. —(1) The Cabinet shall not be summoned except by the authority of the Prime Minister. (2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.


document_id: cons-1963
provision_ref: s29
chapter: PART 5 - THE GOVERNMENT
section: 29
title: Validity of proceedings in Cabinet
content:
29. Any proceedings in the Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted therein or otherwise took part in the proceedings.


document_id: cons-1963
provision_ref: s30
chapter: PART 5 - THE GOVERNMENT
section: 30
title: Assignment of responsibility to Ministers
content:
30. —(1) The Prime Minister may, by directions in writing — ( a ) charge any Minister with responsibility for any department or subject; and ( b ) revoke or vary any directions given under this clause. (2) The Prime Minister may retain in his charge any department or subject.


document_id: cons-1963
provision_ref: s31
chapter: PART 5 - THE GOVERNMENT
section: 31
title: Parliamentary Secretaries
content:
31. —(1) The President, acting in accordance with the advice of the Prime Minister, may by instrument under the public seal, appoint Parliamentary Secretaries from among the Members of Parliament to assist Ministers in the discharge of their duties and functions: Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed a Parliamentary Secretary but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof. (2) Article 26(2) and (3) and Article 27 shall apply to Parliamentary Secretaries as they apply to Ministers.


document_id: cons-1963
provision_ref: s32
chapter: PART 5 - THE GOVERNMENT
section: 32
title: Leave of absence for Ministers and Parliamentary Secretaries
content:
32. The President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister, to any other Minister and to any Parliamentary Secretary.


document_id: cons-1963
provision_ref: s33
chapter: PART 5 - THE GOVERNMENT
section: 33
title: Disabilities of Ministers and Parliamentary Secretaries
content:
33. A member of the Cabinet or Parliamentary Secretary shall not hold any office of profit and shall not actively engage in any commercial enterprise.


document_id: cons-1963
provision_ref: s33A
chapter: PART 5 - THE GOVERNMENT
section: 33A
title:
Ministers may perform foreign and international roles in private capacity if national interest requires

content:
33A. —(1) A Minister may accept and hold an office in a foreign or international organisation in his private capacity if, and only if — ( a ) the Minister is not disabled by Article 33 from performing the functions of that office; and ( b ) the Prime Minister considers it to be in the national interest for the Minister to accept and hold that office and gives permission for the Minister to do so. (2) The Prime Minister may from time to time instruct a Minister against saying or doing anything in the performance of the functions of any office the Minister is holding pursuant to clause (1), and the Minister must act in accordance with the instructions of the Prime Minister. (3) A Minister must relinquish any office he holds pursuant to clause (1) if so instructed by the Prime Minister. (4) A Minister’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette . [Act 35 of 2023 wef 24/11/2023]


document_id: cons-1963
provision_ref: s34
chapter: PART 5 - THE GOVERNMENT
section: 34
title: Permanent Secretaries
content:
34. —(1) There shall be for each Ministry one or more Permanent Secretaries who shall be persons who are public officers. (2) ( a ) Appointments to the office of Permanent Secretary shall be made by the President, acting in accordance with the advice of the Prime Minister, from a list of names submitted by the Public Service Commission. ( b ) The responsibility for the allocation of each Permanent Secretary to a Ministry shall be vested in the Prime Minister. (3) Every Permanent Secretary shall, subject to the general direction and control of the Minister, exercise supervision over the department or departments to which he is allocated.


document_id: cons-1963
provision_ref: s35
chapter: PART 5 - THE GOVERNMENT
section: 35
title: Attorney-General
content:
35. —(1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, from among persons who are qualified for appointment as a Supreme Court Judge. [38/2019] (2) When it is necessary to make an appointment to the office of Attorney‑General otherwise than by reason of the death of the holder of that office or his removal from office under clause (6), the Prime Minister shall, before tendering advice to the President under clause (1), consult the person holding the office of Attorney‑General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice and the Chairman of the Public Service Commission. (3) The Prime Minister shall not be obliged to consult any person under clause (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so. (4) The Attorney‑General may be appointed for a specific period and, if he was so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years: Provided that — ( a ) he may at any time resign his office by writing under his hand addressed to the President; and ( b ) the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may permit an Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the Attorney‑General and the Government. (5) Nothing done by the Attorney‑General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office. (6) ( a ) The Attorney‑General may be removed from office by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Attorney‑General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice. ( b ) The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose. [38/2019] (7) It shall be the duty of the Attorney-General to advise the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law. (8) The Attorney‑General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence. (9) In the performance of his duties, the Attorney‑General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Singapore. (10) The Attorney‑General shall be paid such remuneration and allowances as may from time to time be determined and such remuneration and allowances shall be charged on and paid out of the Consolidated Fund. (11) Subject to this Article, the terms of service of the Attorney‑General shall either — ( a ) be prescribed in regulations made by the President and published in the Gazette ; or ( b ) (in so far as they are not determined by or under any such law) be determined by the President. [39/2014] (11A) Regulations made under clause (11)( a ) may provide that any gratuity payable in respect of service as the Attorney‑General shall be charged on and paid out of the Consolidated Fund. [39/2014] (12) The terms of service of the Attorney‑General shall not be altered to his disadvantage during his continuance in office. (13) For the purposes of clause (12), in so far as the terms of service of the Attorney‑General depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.


document_id: cons-1963
provision_ref: s35A
chapter: PART 5 - THE GOVERNMENT
section: 35A
title: Deputy Attorneys-General
content:
35A. —(1) The President may, on the advice of the Prime Minister, appoint one or more Deputy Attorneys‑General from individuals who are eligible for appointment as the Attorney‑General. [39/2014] (2) Before tendering any advice to the President under clause (1), the Prime Minister must consult the Attorney‑General and the Chairman of the Public Service Commission. [39/2014] (3) However, the Prime Minister need not consult any person under clause (2) if he is satisfied that it is impracticable to do so because of the infirmity of body or mind of that person or for any other reason. [39/2014] (4) A Deputy Attorney‑General is, subject to the general direction and control of the Attorney‑General, to perform such duties of the Attorney‑General referred to in Article 35(7) or (8) as may be assigned by the Attorney‑General, and shall be responsible to the Attorney‑General for that due performance. [39/2014] (5) In the performance of his duties, a Deputy Attorney‑General has the right of audience in, and takes precedence over any person (other than the Attorney‑General) appearing before, any court or tribunal in Singapore. [39/2014] (6) A Deputy Attorney‑General holds office — ( a ) until the end of the specific period he is appointed for (without prejudice to reappointment); or ( b ) if no period is so specified, until he attains 60 years of age. [39/2014] (7) The President may, on the advice of the Prime Minister, permit a Deputy Attorney‑General who has attained the age of 60 years to remain in office for such fixed period as may be agreed between the Deputy Attorney‑General and the Government. [39/2014] (8) However, a Deputy Attorney‑General may at any time earlier resign his office by writing under his hand addressed to the President or may be earlier removed under clause (9). [39/2014] (9) A Deputy Attorney‑General may be removed from office by the President on the advice of the Prime Minister. [39/2014] (10) The Prime Minister may advise the President for the purposes of clause (9) only on the following grounds, with which a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice must concur: ( a ) the inability of the Deputy Attorney‑General concerned to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause); ( b ) any misbehaviour of the Deputy Attorney‑General concerned. [39/2014; 38/2019] (11) A Deputy Attorney‑General is to be paid such remuneration and allowances as may from time to time be determined (all of which are charged on and paid out of the Consolidated Fund), and his terms of service are — ( a ) to be prescribed in regulations made by the President and published in the Gazette ; or ( b ) to be determined by the President in so far as they are not determined by or under any such law. [39/2014] (12) The terms of service of a Deputy Attorney‑General must not be altered to his disadvantage during his continuance in office; and in so far as any of those terms of service depend upon his option, any terms that he opts for shall be taken to be more advantageous to him than any for which he might have opted. [39/2014] (13) The tribunal referred to in clause (10) is to regulate its own procedure and may make rules for that purpose. [39/2014] (14) To avoid doubt, nothing done by a Deputy Attorney‑General shall be invalid by reason only that he has attained the age at which he is required by this Article to vacate his office. [39/2014]


document_id: cons-1963
provision_ref: s36
chapter: PART 5 - THE GOVERNMENT
section: 36
title: Secretary to Cabinet
content:
36. —(1) The President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet. (2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct. Chapter 3 — Capacity as regards property, contracts and suits


document_id: cons-1963
provision_ref: s37
chapter: PART 5 - THE GOVERNMENT
section: 37
title: Capacity of Government as regards property, contracts and suits
content:
37. —(1) The Government shall have power to acquire, hold and dispose of property of any kind and to make contracts. (2) The Government may sue and be sued.


document_id: cons-1963
provision_ref: s37A
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37A
title: Interpretation of this Part
content:
37A. In this Part, unless the context otherwise requires — “Chairman” means the Chairman of the Council; “Council” means the Council of Presidential Advisers constituted under Article 37B; “member” means a member of the Council and includes the Chairman and any alternate member appointed under Article 37C. [31/2007]


document_id: cons-1963
provision_ref: s37B
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37B
title: Council of Presidential Advisers
content:
37B. —(1) The Council of Presidential Advisers is established and consists of 8 members. [28/2016] (2) In order to ensure that appointments to the Council are made at regular 2‑year intervals, the members of the Council are divided into the following divisions: ( a ) the first division, consisting of the following members whose appointments expire on 1 June 2020 and every sixth year after that: (i) a member appointed by the President acting in his discretion; (ii) a member appointed by the President on the advice of the Prime Minister; (iii) a member appointed by the President on the advice of the Chief Justice; ( b ) the second division, consisting of the following members whose appointments expire on 1 June 2022 and every sixth year after that: (i) a member appointed by the President acting in his discretion; (ii) a member appointed by the President on the advice of the Prime Minister; (iii) a member appointed by the President on the advice of the Chairman of the Public Service Commission; ( c ) the third division, consisting of the following members whose appointments expire on 1 June 2024 and every sixth year after that: (i) a member appointed by the President acting in his discretion; (ii) a member appointed by the President on the advice of the Prime Minister. [28/2016] (3) If the seat of a member falls vacant before the member’s appointment expires under clause (2) — ( a ) the President may make another appointment to that seat in accordance with the provision of clause (2) under which the vacating member was appointed; and ( b ) to avoid doubt, an appointment under paragraph ( a ) expires in accordance with the provision of clause (2) under which the vacating member was appointed. [28/2016] (3A) The President, acting in his discretion, is to appoint a member of the Council to be the Chairman of the Council. [28/2016] (4) When the Chairman exercises the functions of the office of the President under Article 22N or 22O, he — ( a ) shall not act as the Chairman during the period he so exercises the functions of the office of President; and ( b ) shall not take part in any proceedings of the Council during that period. [31/2007] (5) Where the Chairman is temporarily unable, whether by illness, absence or any other reason (including disqualification under clause (4)), to take part in any proceedings of the Council for any period — ( a ) he shall appoint a member (not being an alternate member) of the Council to act as Chairman for that period; and ( b ) the alternate member selected under Article 37C(3) to act in place of the member referred to in paragraph ( a ) shall perform that member’s functions during that same period. [31/2007]


document_id: cons-1963
provision_ref: s37C
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37C
title: Alternate members
content:
37C. —(1) The President may, in accordance with this Article, appoint persons to be alternate members to act in place of members (other than the Chairman) appointed under Article 37B(2) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)( a ) to act as the Chairman. [31/2007; 28/2016] (2) For the purposes of making an appointment under clause (1), the President — ( a ) shall, acting in his discretion, appoint one person as an alternate member; and ( b ) shall request that the Prime Minister, after consulting the Chief Justice and the Chairman of the Public Service Commission, nominate one other person to be an alternate member, and upon such nomination, shall appoint the person so nominated as another alternate member. [31/2007] (3) Whenever any member appointed under Article 37B(2) (other than the Chairman) — ( a ) is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council; or ( b ) is appointed under Article 37B(5)( a ) to act as the Chairman, an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2) — (i) by the President, acting in his discretion, if the member concerned is appointed under Article 37B(2)( a )(i), ( b )(i) or ( c )(i); (ii) by the Prime Minister, if the member concerned is appointed under Article 37B(2)( a )(ii), ( b )(ii) or ( c )(ii); or (iii) by the Chief Justice or Chairman of the Public Service Commission, as the case may be, if the member concerned is appointed under Article 37B(2)( a )(iii) or ( b )(iii), respectively. [31/2007; 28/2016] (4) A person may be appointed to be an alternate member under clause (2) if, and only if, the person is qualified under Article 37D and not disqualified under Article 37E. [31/2007] (5) Every alternate member shall be appointed under clause (2) for a term of 4 years, and shall hold office as such for such a term unless the alternate member earlier — ( a ) resigns in writing addressed to the Chairman; ( b ) ceases to be a citizen of Singapore; or ( c ) becomes subject to any disqualification referred to in Article 37E. [31/2007] (6) The alternate member who is selected under clause (3) to act in place of a member shall act in place of and perform the functions of the member (but not as the Chairman) only when the member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the Council, or is appointed under Article 37B(5)( a ) to act as the Chairman, and the alternate member — ( a ) may act in place of and perform the functions of the member in relation to any matter, even though that member is disqualified in relation to that matter; and ( b ) while so acting, shall have and may exercise all the powers and duties of that member. [31/2007] (7) The appointment of a person as an alternate member may be terminated at any time by the President — ( a ) acting in his discretion, if the alternate member is appointed under clause (2)( a ); or ( b ) acting on the advice of the Prime Minister (which shall be given only after consulting with the Chief Justice and the Chairman of the Public Service Commission), if the alternate member is appointed under clause (2)( b ) on the nomination of the Prime Minister. [31/2007]


document_id: cons-1963
provision_ref: s37D
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37D
title: Qualifications of members and considerations in appointing members
content:
37D. —(1) No person shall be qualified to be appointed as a member unless he — ( a ) is a citizen of Singapore; ( b ) is not less than 35 years of age; ( c ) is a resident of Singapore; and ( d ) is not liable to any of the disqualifications referred to in Article 37E. [28/2016] (2) The following matters are to be considered by the President before he acts in his discretion to appoint a person as a member, and also by the Prime Minister, Chief Justice and the Chairman of the Public Service Commission before advising the President to appoint a person as a member: ( a ) whether the person is a person of integrity, good character and reputation; ( b ) whether the person has expertise and experience relevant to the matters on which the Council is required, or may be asked, to advise and make recommendations to the President. [28/2016]


document_id: cons-1963
provision_ref: s37E
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37E
title: Disqualifications of members
content:
37E. A person shall be disqualified for appointment as a member if he — ( a ) is or has been found or declared to be of unsound mind; ( b ) is insolvent or an undischarged bankrupt; or ( c ) has — (i) been convicted of an offence by a court in Singapore or elsewhere and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $10,000 (or its equivalent in a foreign currency when sentenced); and (ii) not received a free pardon, except that where the conviction is by a foreign court, the offence must also be one which, had it been committed in Singapore, would have been punishable by a court in Singapore. [Act 19 of 2022 wef 27/05/2022]


document_id: cons-1963
provision_ref: s37F
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37F
title: Termination of membership
content:
37F. —(1) The Chairman shall vacate the office of Chairman of the Council when a newly elected President assumes office during the term of appointment of the Chairman. (2) A member shall vacate his seat in the Council — ( a ) if he ceases to be a citizen of Singapore; ( b ) if, by writing under his hand addressed to the Chairman, he resigns his seat; or ( c ) if he becomes subject to any of the disqualifications referred to in Article 37E.


document_id: cons-1963
provision_ref: s37G
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37G
title: Determination of questions as to membership
content:
37G. —(1) Any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the Council shall be referred to and determined by a tribunal consisting of a Supreme Court Judge appointed by the Chief Justice and 2 other persons appointed by the Council. [38/2019] (2) Any tribunal constituted under clause (1) shall — ( a ) sit in private; ( b ) afford the person concerned adequate opportunity to call witnesses and be heard; and ( c ) report its decision to the Chairman. (3) The decision of the tribunal shall be final and shall not be questioned in any court.


document_id: cons-1963
provision_ref: s37H
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37H
title: Oaths of Allegiance and Secrecy
content:
37H. —(1) Before any person who has been appointed Chairman or a member enters upon the duties of his office, he shall take and subscribe before a Supreme Court Judge the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 8 in the First Schedule. [31/2007; 38/2019] (2) Clause (1) shall also apply where an alternate member appointed under Article 37C is selected under Article 37C(3) to act in place of and perform the functions of a member appointed under Article 37B(2), except that an alternate member need not be required, during his term of office as an alternate member, to take such an oath more than once in respect of the occasions when he is so selected to act. [31/2007; 28/2016]


document_id: cons-1963
provision_ref: s37I
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37I
title: Function of Council
content:
37I. It shall be the function of the Council to advise and make recommendations to the President on any matter referred to the Council by the President under this Constitution. [28/2016]


document_id: cons-1963
provision_ref: s37IA
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37IA
title: President’s general duty to consult Council
content:
37IA. —(1) The President must consult the Council before exercising any discretionary power conferred on him by this Constitution, except the discretionary powers mentioned in clause (2). [28/2016] (2) The President may (but need not) consult the Council before exercising — ( a ) the President’s discretionary powers under Articles 22G, 22I and 151(4); ( b ) the President’s discretionary powers under this Part; or ( c ) the following discretionary powers: (i) the President’s discretion under Article 22J in relation to his personal staff and the use of the Civil List; (i a ) the President’s discretion under Article 22Q(1)( c ); [Act 35 of 2023 wef 14/09/2023] (ii) appointing the Prime Minister in accordance with Article 25(1); (iii) declaring under Article 26(1)( b ) that the office of Prime Minister is vacant; (iv) authorising a Minister to exercise the Prime Minister’s functions under Article 26(4)( c ); (v) dissolving Parliament under Article 26(1)( b ) or 65(2) or (3); (vi) granting leave of absence to the Chief Justice under Article 98(10). [28/2016]


document_id: cons-1963
provision_ref: s37IB
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37IB
title: President to immediately refer to Council certain cases concerning veto powers
content:
37IB. Without limiting Article 37IA, the President must immediately refer to the Council for its recommendation — ( a ) any case where the President’s assent, concurrence or approval is sought and which the President is required to consult the Council under Article 37IA(1); and ( b ) any proposed transaction that the President is informed of under Article 22B(6), 22D(5) or 148G(1). [28/2016]


document_id: cons-1963
provision_ref: s37IC
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37IC
title: Referred cases — time limit for Council to make recommendation
content:
37IC. —(1) Subject to clauses (2) and (3), the Council must give its recommendation in a case referred to it under Article 37IB — ( a ) if the President is required by Article 21A(2)( a ) to signify his decision in the case within 30 days, within 15 days after the case is referred to the Council; and ( b ) if the President is required by Article 21A(2)( b ) to signify his decision in the case within 6 weeks, within 3 weeks after the case is referred to the Council. [28/2016] (2) If the Prime Minister issues a certificate of urgency to the President under Article 21A(3)( a ) for any case referred to the Council under Article 37IB — ( a ) the President must immediately inform the Council of the certificate; and ( b ) the Council must give its recommendation to the President by whichever of the following time limits ends earlier: (i) the time limit in clause (1), including any extension under clause (3); (ii) at least 5 days before the date on which the President is required by the certificate to signify his decision. [28/2016] (3) The President may, acting in his discretion, extend the time limit in clause (1) for any case referred to the Council under Article 37IB, but any extension does not have effect, or if granted ceases to have effect, to the extent that it allows the Council to give its recommendation less than 5 days before the date on which the President is required to signify his decision under Article 21A. [28/2016] (4) If in any case the Council fails to give its recommendation within the time limit in this Article, the Council is deemed to have recommended that the President — ( a ) give the assent, concurrence or approval that was sought; or ( b ) not disapprove the proposed transaction under Article 22B(7), 22D(6) or 148G(2), as the case may be. [28/2016]


document_id: cons-1963
provision_ref: s37ID
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37ID
title: Referred cases — matters to be stated in Council’s recommendation, etc.
content:
37ID. In a case referred to the Council under Article 37IB, the Council’s recommendation to the President must state — ( a ) whether the Council’s recommendation is unanimous and if not, the number of votes for and against the recommendation; and ( b ) the grounds for the Council’s recommendation. [28/2016]


document_id: cons-1963
provision_ref: s37IE
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37IE
title:
Referred cases — Prime Minister to receive President’s grounds and Council’s recommendation if President exercises veto, etc.

content:
37IE. —(1) This Article applies if, in a case referred to the Council under Article 37IB, the President acts in his discretion to — ( a ) refuse to give the assent, concurrence or approval that was sought; or ( b ) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2). [28/2016] (2) If this Article applies — ( a ) the President must certify the grounds for his decision to the Prime Minister and send the Council’s recommendation to the Prime Minister; ( b ) in a case where the President withholds his assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill — (i) the President must publish in the Gazette the grounds certified under paragraph ( a ); and (ii) the President must send the recommendation of the Council in relation to the Bill to the Speaker, who must present the recommendation to Parliament; and ( c ) in a case where the President disapproves the budget, supplementary budget or revised budget of, or a proposed transaction by, an entity specified in the Fifth Schedule, the President must send the grounds certified under paragraph ( a ) and the recommendation of the Council to — (i) in the case of a statutory board, the chairman of the statutory board; and (ii) in the case of a Government company, the chairman of the board of directors of the company. [28/2016]


document_id: cons-1963
provision_ref: s37IF
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37IF
title:
Referred cases — Parliament may overrule Presidential veto exercised contrary to Council’s recommendation

content:
37IF. —(1) Parliament may, by resolution, overrule the President, if — ( a ) in a case referred to the Council under Article 37IB, the President acts in his discretion to — (i) refuse to give the assent, concurrence or approval that was sought; or (ii) disapprove a proposed transaction under Article 22B(7), 22D(6) or 148G(2); and ( b ) the President’s decision was made contrary to the Council’s recommendation. [28/2016] (2) A resolution under clause (1) — ( a ) may only be passed on a motion for which notice has been given by a Minister; ( b ) except where the resolution seeks to overrule the President’s withholding of assent to a Supply Bill, Supplementary Supply Bill or Final Supply Bill, may only be moved after the Government — (i) causes the President’s grounds for the decision sought to be overruled, as certified under Article 37IE(2)( a ), to be published in the Gazette ; and (ii) sends the recommendation of the Council in relation to that decision to the Speaker, who must present the recommendation to Parliament; and ( c ) must be passed by no less than two‑thirds of the total number of Members of Parliament (excluding nominated Members). [28/2016] (3) Despite clause (1) — ( a ) a refusal by the President to approve a budget, revised budget or supplementary budget of an entity specified in the Fifth Schedule; and ( b ) a decision by the President to disapprove under Article 22B(7) or 22D(6) a proposed transaction by an entity specified in the Fifth Schedule, cannot be overruled unless the chairman of the entity or the chairman of the board of directors of the entity (as the case may be) has made a request to the Cabinet for a resolution under clause (1) to be moved with respect to the refusal or the decision. [28/2016] (4) If Parliament overrules the President under clause (1), the President is deemed — ( a ) to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or ( b ) never to have disapproved of the proposed transaction under Article 22B(7), 22D(6) or 148G(2), as the case may be. [28/2016] (5) This Article does not apply to the President’s discretionary powers under Articles 5A, 5B, 5C and 22H. [28/2016]


document_id: cons-1963
provision_ref: s37IG
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37IG
title: Quorum and voting
content:
37IG. —(1) The Council must not transact any business unless a quorum of 5 members, including the Chairman or the member appointed under Article 37B(5)( a ) to act as the Chairman, is present. [28/2016] (2) Any recommendation or decision of the Council must be made by a majority of members present and voting. [28/2016] (3) If on any question before the Council the members are equally divided, the Chairman has a casting vote in addition to his original vote. [28/2016]


document_id: cons-1963
provision_ref: s37J
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37J
title: Proceedings of Council
content:
37J. —(1) The proceedings of the Council shall be conducted in private and the Council may require any public officer or any officer of any statutory board or Government company to appear before the Council and to give such information in relation to any matter referred to the Council by the President and such officer shall not disclose or divulge to any person any matter which has arisen at any meeting of the Council unless he is expressly authorised to do so by the President. [28/2016] (2) [ Deleted by Act 28 of 2016 ] (2A) [ Deleted by Act 28 of 2016 ] (2B) [ Deleted by Act 28 of 2016 ] (3) Subject to the provisions of this Constitution, the Council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business. [28/2016] 37K. [ Repealed by Act 28 of 2016 ]


document_id: cons-1963
provision_ref: s37L
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37L
title: Fees
content:
37L. —(1) There shall be paid to the Chairman and the other members of the Council such fees as may be determined by the President. (2) The fees payable under clause (1) shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the Chairman and the members of the Council.


document_id: cons-1963
provision_ref: s37M
chapter: PART 5A - COUNCIL OF PRESIDENTIAL ADVISERS
section: 37M
title: Appointment of staff
content:
37M. The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions.


document_id: cons-1963
provision_ref: s38
chapter: PART 6 - THE LEGISLATURE
section: 38
title: Legislature of Singapore
content:
38. The legislative power of Singapore shall be vested in the Legislature which shall consist of the President and Parliament.


document_id: cons-1963
provision_ref: s39
chapter: PART 6 - THE LEGISLATURE
section: 39
title: Parliament
content:
39. —(1) Parliament shall consist of — ( a ) such number of elected Members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the Legislature; ( b ) such other Members, not exceeding 12 in number, who shall be known as non-constituency Members, as the Legislature may provide in any law relating to Parliamentary elections to ensure the representation in Parliament of a minimum number of Members from a political party or parties not forming the Government; and ( c ) such other Members not exceeding 9 in number, who shall be known as nominated Members, as may be appointed by the President in accordance with the provisions of the Fourth Schedule. [9/2010; 28/2016] (2) A nominated Member shall not vote in Parliament on any motion pertaining to — ( a ) a Bill to amend the Constitution; ( b ) a Supply Bill, Supplementary Supply Bill or Final Supply Bill; ( c ) a Money Bill as defined in Article 68; ( d ) a vote of no confidence in the Government; ( e ) removing the President from office under Article 22L; and ( f ) any question on which nominated Members are excluded by this Constitution from the number of Members required for an affirmative decision. [28/2016] (3) In this Article and in Articles 39A and 47, a constituency shall be construed as an electoral division for the purposes of Parliamentary elections. (4) If any person who is not a Member of Parliament is elected as Speaker or Deputy Speaker, he shall, by virtue of holding the office of Speaker or Deputy Speaker, be a Member of Parliament in addition to the Members aforesaid, except for the purposes of Chapter 2 of Part 5 and of Article 46.


document_id: cons-1963
provision_ref: s39A
chapter: PART 6 - THE LEGISLATURE
section: 39A
title: Group representation constituencies
content:
39A. —(1) The Legislature may, in order to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities, by law make provision for — ( a ) any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates; and ( b ) the qualifications, in addition to those in Article 44, of persons who may be eligible for any election in group representation constituencies, including the requirements referred to in clause (2). (2) Any law made under clause (1) shall provide for — ( a ) the President to designate every group representation constituency — (i) as a constituency where at least one of the candidates in every group shall be a person belonging to the Malay community; or (ii) as a constituency where at least one of the candidates in every group shall be a person belonging to the Indian or other minority communities; ( b ) the establishment of — (i) a committee to determine whether a person desiring to be a candidate belongs to the Malay community; and (ii) a committee to determine whether a person desiring to be a candidate belongs to the Indian or other minority communities, for the purpose of any election in group representation constituencies; ( c ) all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group; ( d ) the minimum and maximum number of Members to be returned by all group representation constituencies at a general election; and ( e ) the number of group representation constituencies to be designated under paragraph ( a )(i). (3) No provision of any law made pursuant to this Article shall be invalid on the ground of inconsistency with Article 12 or be considered to be a differentiating measure under Article 78. (4) In this Article — “election” means an election for the purpose of electing a Member of Parliament; “group” means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency; “person belonging to the Malay community” means any person, whether of the Malay race or otherwise, who considers himself to be a member of the Malay community and who is generally accepted as a member of the Malay community by that community; “person belonging to the Indian or other minority communities” means any person of Indian origin who considers himself to be a member of the Indian community and who is generally accepted as a member of the Indian community by that community, or any person who belongs to any minority community other than the Malay or Indian community.


document_id: cons-1963
provision_ref: s40
chapter: PART 6 - THE LEGISLATURE
section: 40
title: Speaker
content:
40. —(1) When Parliament first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be Speaker, and, whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, shall not transact any business other than the election of a person to fill that office. (2) The Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament: Provided that a person who is not a Member of Parliament shall not be elected as Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament. (3) Upon the Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule. (4) The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office — ( a ) when Parliament first meets after a general election; ( b ) in the case of a Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or ( c ) in the case of a Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)( a ) or ( e ).


document_id: cons-1963
provision_ref: s41
chapter: PART 6 - THE LEGISLATURE
section: 41
title: Remuneration of Speaker
content:
41. The Speaker shall be paid such salary as Parliament may from time to time determine, and that salary, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.


document_id: cons-1963
provision_ref: s42
chapter: PART 6 - THE LEGISLATURE
section: 42
title: Deputy Speaker
content:
42. —(1) Parliament shall from time to time elect 2 Deputy Speakers; and whenever the office of a Deputy Speaker is vacant otherwise than by reason of a dissolution of Parliament, Parliament shall, as soon as convenient, elect a person to that office. (2) ( a ) A Deputy Speaker may be elected, in such manner as Parliament may from time to time decide, either from among the Members of Parliament who are neither Ministers nor Parliamentary Secretaries or from among persons who are not Members of Parliament: Provided that a person who is not a Member of Parliament shall not be elected as Deputy Speaker if, under any of the provisions of this Constitution, he is not qualified for election as a Member of Parliament. ( b ) Upon a Deputy Speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with Article 61) take and subscribe before Parliament the Oath of Allegiance in the form set out in the First Schedule. ( c ) A Deputy Speaker may at any time resign his office, by writing under his hand addressed to the Clerk of Parliament, and shall vacate his office — (i) when Parliament first meets after a general election; (ii) in the case of a Deputy Speaker elected from among the Members of Parliament, if he ceases to be a Member of Parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a Minister or a Parliamentary Secretary; or (iii) in the case of a Deputy Speaker elected from among persons who are not Members of Parliament, if any circumstance arises that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)( a ) or ( e ). (3) A Deputy Speaker shall be paid such salary or allowance as Parliament may from time to time determine, and that salary or allowance, which is hereby charged on the Consolidated Fund, shall not be diminished during his continuance in office.


document_id: cons-1963
provision_ref: s43
chapter: PART 6 - THE LEGISLATURE
section: 43
title: Performance of functions of Speaker
content:
43. The functions conferred by this Constitution upon the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from a sitting of Parliament or is otherwise unable to perform those functions, be performed by a Deputy Speaker, or if there be no Deputy Speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by Parliament for the purpose.


document_id: cons-1963
provision_ref: s44
chapter: PART 6 - THE LEGISLATURE
section: 44
title: Qualifications for membership of Parliament
content:
44. —(1) Members of Parliament shall be persons qualified for election or for appointment in accordance with the provisions of this Constitution and elected in the manner provided by or under any law for the time being in force in Singapore or appointed in accordance with the provisions of the Fourth Schedule. (2) A person shall be qualified to be elected or appointed as a Member of Parliament if — ( a ) he is a citizen of Singapore; ( b ) he is of the age of 21 years or above on the day of nomination; ( c ) his name appears in a current register of electors; ( d ) he is resident in Singapore at the date of his nomination for election and has been so resident for periods amounting in the aggregate to not less than 10 years prior to that date; ( e ) he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of Parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, English, Malay, Mandarin and Tamil; and ( f ) he is not disqualified from being a Member of Parliament under Article 45. (3) Any question whether any person possesses the qualifications mentioned in clause (2)( e ) shall be determined in such manner as may be prescribed by or under any law for the time being in force in Singapore or, in so far as not so prescribed, as may be provided by order made by the President and published in the Gazette .


document_id: cons-1963
provision_ref: s45
chapter: PART 6 - THE LEGISLATURE
section: 45
title: Disqualifications for membership of Parliament
content:
45. —(1) Subject to this Article, a person shall not be qualified to be a Member of Parliament who — ( a ) is and has been found or declared to be of unsound mind; ( b ) is an undischarged bankrupt; ( c ) holds an office of profit; ( d ) having been nominated for election to Parliament or the office of President or having acted as election agent to a person so nominated, has failed to lodge any return of election expenses required by law within the time and in the manner so required; ( e ) has — (i) been convicted of an offence by a court in Singapore or elsewhere and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $10,000 (or its equivalent in a foreign currency when sentenced); and (ii) not received a free pardon, except that where the conviction is by a foreign court, the offence must also be one which, had it been committed in Singapore, would have been punishable by a court in Singapore; [Act 19 of 2022 wef 27/05/2022] ( f ) has voluntarily acquired the citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country; or ( g ) is disqualified under any law relating to offences in connection with elections to Parliament or the office of President by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence. (2) The disqualification of a person under clause (1)( d ) or ( e ) may be removed by the President and shall, if not so removed, cease at the end of 5 years beginning from the date on which the return mentioned in clause (1)( d ) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in clause (1)( e ) was released from custody or the date on which the fine mentioned in clause (1)( e ) was imposed on such person; and a person shall not be disqualified under clause (1)( f ) by reason only of anything done by him before he became a citizen of Singapore. (3) [ Deleted by Act 19 of 2022 wef 27/05/2022 ]


document_id: cons-1963
provision_ref: s46
chapter: PART 6 - THE LEGISLATURE
section: 46
title: Tenure of office of Members
content:
46. —(1) Every Member of Parliament shall cease to be a Member at the next dissolution of Parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this Constitution. (2) The seat of a Member of Parliament shall become vacant — ( a ) if he ceases to be a citizen of Singapore; ( b ) if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election; ( c ) if, by writing under his hand addressed to the Speaker, he resigns his seat in Parliament; ( d ) if during 2 consecutive months in each of which sittings of Parliament (or any committee of Parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the Speaker before the termination of any such sitting permission to be or to remain absent therefrom; ( e ) if he becomes subject to any of the disqualifications specified in Article 45; ( f ) if he is expelled from Parliament in the exercise of its power of expulsion; or ( g ) if being a nominated Member, his term of service as such a Member expires. (2A) A non-constituency Member of Parliament shall vacate his seat as such a Member if he is subsequently elected as a Member of Parliament for any constituency. (2B) A nominated Member of Parliament shall vacate his seat as such a Member — ( a ) if he stands as a candidate for any political party in an election; or ( b ) if, not being a candidate referred to in paragraph ( a ), he is elected as a Member of Parliament for any constituency. (3) Any person whose seat in Parliament has become vacant may, if qualified, again be elected or appointed as a Member of Parliament from time to time. (4) If any Member of Parliament becomes subject to any disqualification specified in Article 45(1)( a ), ( b ), ( e ) or ( g ) because he is — ( a ) adjudged or otherwise declared a bankrupt; ( b ) adjudged or otherwise declared to be of unsound mind; ( c ) convicted of an offence by a court in Singapore or elsewhere and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $10,000 (or its equivalent in a foreign currency when sentenced); or [Act 19 of 2022 wef 27/05/2022] ( d ) convicted or is proven guilty of an act constituting any offence in connection with elections to Parliament, and it is open to the Member to appeal against the decision (either with the permission of the court or other authority or without such permission), the Member shall immediately cease to be entitled to sit or vote in Parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be. [24/2002] [Act 13 of 2023 wef 24/04/2023] (5) A Member of Parliament shall vacate his seat if, at the end of the period of 180 days referred to in clause (4), he continues to be subject to any disqualification specified in Article 45(1)( a ), ( b ), ( e ) or ( g ). [24/2002] (6) Notwithstanding clause (5), where on the determination of any such appeal the Member of Parliament continues to be subject to any disqualification specified in Article 45(1)( a ) or ( b ) and — ( a ) no further appeal is open to him; or ( b ) by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of permission to appeal or for any other reason it ceases to be open for the Member to appeal, [Act 13 of 2023 wef 24/04/2023] the Member shall then immediately vacate his seat even if the period of 180 days has not lapsed. [24/2002] (7) Where, at any time before the end of the period of 180 days referred to in clause (4), the Member of Parliament ceases to be subject to any disqualification specified in Article 45(1)( a ), ( b ), ( e ) or ( g ) by reason of any pardon, any final determination of an appeal or otherwise, he shall be entitled to resume sitting or voting in Parliament or any committee thereof on the day immediately after he ceases to be so disqualified. [24/2002] (8) For the avoidance of doubt, clauses (4) to (7) — ( a ) shall not apply for the purpose of any nomination, election or appointment to be a Member of Parliament, and any disqualifying event referred to in Article 45 shall take effect immediately on the occurrence of the event for the purposes of such nomination, election or appointment; and ( b ) shall not operate to extend the term of service of a nominated Member beyond the period prescribed in the Fourth Schedule. [24/2002]


document_id: cons-1963
provision_ref: s48
chapter: PART 6 - THE LEGISLATURE
section: 48
title: Decision on questions as to disqualification
content:
48. Any question whether — ( a ) any Member of Parliament has vacated his seat therein; or ( b ) in the case of any person who has been elected as Speaker or Deputy Speaker from among persons who are not Members of Parliament, any circumstance has arisen that, if he had been elected to a seat in Parliament, would cause him to vacate his seat by virtue of Article 46(2)( a ) or ( e ), shall be determined by Parliament whose decision shall be final: Provided that this Article shall not be taken to prevent the practice of Parliament postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).


document_id: cons-1963
provision_ref: s49
chapter: PART 6 - THE LEGISLATURE
section: 49
title: Filling of vacancies
content:
49. —(1) Whenever the seat of a Member, not being a non‑constituency Member, has become vacant for any reason other than a dissolution of Parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to Parliamentary elections for the time being in force. (2) The Legislature may by law provide for — ( a ) the vacating of a seat of a non-constituency Member in circumstances other than those specified in Article 46; ( b ) the filling of vacancies of the seats of non-constituency Members where such vacancies are caused otherwise than by a dissolution of Parliament.


document_id: cons-1963
provision_ref: s50
chapter: PART 6 - THE LEGISLATURE
section: 50
title: Penalty for unqualified persons sitting or voting in Parliament
content:
50. —(1) Any person who sits or votes in Parliament, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding $200 for each day on which he so sits or votes. (2) The said penalty shall be recoverable by action in the General Division of the High Court at the suit of the Attorney-General. [38/2019]


document_id: cons-1963
provision_ref: s51
chapter: PART 6 - THE LEGISLATURE
section: 51
title: Staff of Parliament
content:
51. —(1) The staff of Parliament shall consist of a Clerk of Parliament and such other officers as may from time to time be appointed under Part 9 to assist him. (2) The Clerk of Parliament shall be appointed by the President after consultation with the Speaker and the Public Service Commission. (3) The Clerk of Parliament may at any time resign his office by writing under his hand addressed to the Speaker and, subject to clause (4), may be removed from office by the President after consultation with the Speaker. (4) The Clerk of Parliament shall not be removed from office under clause (3) unless Parliament, by a resolution which has received the affirmative votes of not less than two-thirds of all the Members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. (5) The staff of Parliament shall not be eligible for promotion or transfer to any other office in the public service without the consent of the Speaker. (6) Subject to Article 159, the terms of service of the staff of Parliament may be determined by Parliament after receiving the advice of a Commission consisting of the following persons, that is to say: ( a ) the Speaker, as Chairman; ( b ) not more than 3 Ministers nominated by the Prime Minister, of whom one shall be the Minister responsible for finance; and ( c ) a member of the Public Service Commission.


document_id: cons-1963
provision_ref: s52
chapter: PART 6 - THE LEGISLATURE
section: 52
title: Standing Orders
content:
52. Subject to the provisions of this Constitution, Parliament may, from time to time, make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business.


document_id: cons-1963
provision_ref: s53
chapter: PART 6 - THE LEGISLATURE
section: 53
title: Use of languages in Parliament
content:
53. Until the Legislature otherwise provides, all debates and discussions in Parliament shall be conducted in Malay, English, Mandarin or Tamil.


document_id: cons-1963
provision_ref: s55
chapter: PART 6 - THE LEGISLATURE
section: 55
title: Validity of proceedings of Parliament
content:
55. Parliament shall not be disqualified for the transaction of business by reason of any vacancy among the Members thereof, including any vacancy not filled when Parliament is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Parliament or otherwise took part in the proceedings.


document_id: cons-1963
provision_ref: s56
chapter: PART 6 - THE LEGISLATURE
section: 56
title: Quorum
content:
56. If objection is taken by any Member present that there are present (besides the Speaker or other Member presiding) fewer than one-quarter of the total number of Members and, after such interval as may be prescribed in the Standing Orders of Parliament, the Speaker or other Member presiding ascertains that the number of Members present is still less than one-quarter of the total number of Members, he shall thereupon adjourn Parliament.


document_id: cons-1963
provision_ref: s57
chapter: PART 6 - THE LEGISLATURE
section: 57
title: Voting
content:
57. —(1) Subject to this Constitution, all questions proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting; and if, upon any question before Parliament, the votes of the Members are equally divided, the motion shall be lost. (2) If the Speaker has been elected from among persons who are not Members of Parliament, he shall not vote, but subject to this provision, the Speaker or other person presiding shall have an original vote but no casting vote.


document_id: cons-1963
provision_ref: s58
chapter: PART 6 - THE LEGISLATURE
section: 58
title: Exercise of legislative power
content:
58. —(1) Subject to the provisions of Part 7, the power of the Legislature to make laws shall be exercised by Bills passed by Parliament and assented to by the President. (2) A Bill shall become law on being assented to by the President and such law shall come into operation on the date of its publication in the Gazette or, if it is enacted either in such law or in any other law for the time being in force in Singapore that it shall come into operation on some other date, on that date.


document_id: cons-1963
provision_ref: s59
chapter: PART 6 - THE LEGISLATURE
section: 59
title: Introduction of Bills
content:
59. —(1) Subject to the provisions of this Constitution and of Standing Orders of Parliament, any Member may introduce any Bill or propose any motion for debate in, or may present any petition to, Parliament, and the same shall be debated and disposed of according to the Standing Orders of Parliament. (2) A Bill or an amendment making provision (directly or indirectly) for — ( a ) imposing or increasing any tax or abolishing, reducing or remitting any existing tax; ( b ) 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; ( c ) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge; ( d ) the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; or ( e ) the receipt of any moneys on account of the Consolidated Fund or the custody or issue of such moneys, being provision as respects which the Minister responsible for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the Bill or amendment, shall not be introduced or moved except on the recommendation of the President signified by a Minister. (3) A Bill or an amendment shall not be deemed to make provision for any of the said matters by reason only that it 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.


document_id: cons-1963
provision_ref: s60
chapter: PART 6 - THE LEGISLATURE
section: 60
title: Words of enactment of laws
content:
60. In every Bill presented for assent, the words of enactment shall be as follows: “ Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: ”.


document_id: cons-1963
provision_ref: s61
chapter: PART 6 - THE LEGISLATURE
section: 61
title: Oath of Allegiance
content:
61. No Member of Parliament shall be permitted to take part in the proceedings thereof (other than proceedings necessary for the purpose of this Article) until he has taken and subscribed before Parliament the Oath of Allegiance in the form set out in the First Schedule: Provided that the election of a Speaker may take place before the Members of Parliament have taken and subscribed such Oath.


document_id: cons-1963
provision_ref: s63
chapter: PART 6 - THE LEGISLATURE
section: 63
title: Privileges of Parliament
content:
63. It shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of Parliament.


document_id: cons-1963
provision_ref: s64
chapter: PART 6 - THE LEGISLATURE
section: 64
title: Sessions of Parliament
content:
64. —(1) There shall be a session of Parliament once at least in every year and a period of 6 months shall not intervene between the last sitting of Parliament in any one session and the first sitting thereof in the next session. (2) The sessions of Parliament shall be held in such places and shall commence at such times as the President may, from time to time, by Proclamation in the Gazette , appoint.


document_id: cons-1963
provision_ref: s64A
chapter: PART 6 - THE LEGISLATURE
section: 64A
title: Continuity of Parliament
content:
64A. —(1) Clause (2) — ( a ) applies for a period of 6 months after the appointed date, and thereafter for a period of 6 months if — (i) Parliament resolves that it is or will be impossible, unsafe or inexpedient for Parliament to sit and meet in one place; or (ii) the Speaker presents to Parliament a notice in writing given by a majority of all Members of Parliament stating that it is or will be impossible, unsafe or inexpedient for Parliament to sit and meet in one place; but ( b ) ceases to apply if Parliament so resolves at any time, but without prejudice to a fresh resolution under paragraph ( a )(i) or a fresh notice under paragraph ( a )(ii). [22/2020] (2) When this clause applies — ( a ) if there is only one place appointed under Article 64(2), at least one other place must be appointed; ( b ) arrangements (called in this Article continuity arrangements) may be made for Parliament and its committees to sit, meet and despatch business with Members of Parliament being present at 2 or more appointed places and in contemporaneous communication with one another; and ( c ) those arrangements may be — (i) prescribed by Standing Orders or resolution of Parliament; or (ii) subject to anything prescribed under sub‑paragraph (i), decided by the Speaker. [22/2020] (3) A Member of Parliament who takes part in the proceedings of Parliament or its committees under continuity arrangements is taken to be present at those proceedings for all purposes under this Part, including for the purposes of Articles 46(2)( d ), 56 and 57(1). [22/2020] (4) Subject to any law enacted after the appointed date, the privileges, immunities and powers of Parliament and its committees as at the appointed date apply, with any necessary modification, to or in relation to — ( a ) the proceedings of Parliament or its committees under continuity arrangements; ( b ) any appointed place from which a Member of Parliament takes part in the proceedings of Parliament or its committees; and ( c ) a person appearing before or attending Parliament or its committees at any appointed place. [22/2020] (5) In this Article — “appointed date” means the date on which the Constitution of the Republic of Singapore (Amendment) Act 2020 is published in the Gazette ; “appointed place” means a place appointed by the President under Article 64(2). [22/2020]


document_id: cons-1963
provision_ref: s65
chapter: PART 6 - THE LEGISLATURE
section: 65
title: Prorogation and dissolution of Parliament
content:
65. —(1) The President may, at any time, by Proclamation in the Gazette , prorogue Parliament. (2) If, at any time, the office of Prime Minister is vacant, the President shall, by Proclamation in the Gazette , dissolve Parliament as soon as he is satisfied, acting in his discretion, that a reasonable period has elapsed since that office was last vacated and that there is no Member of Parliament likely to command the confidence of a majority of the Members thereof. (3) The President may, at any time, by Proclamation in the Gazette , dissolve Parliament if he is advised by the Prime Minister to do so, but he shall not be obliged to act in this respect in accordance with the advice of the Prime Minister unless he is satisfied that, in tendering that advice, the Prime Minister commands the confidence of a majority of the Members of Parliament. (3A) The President shall not dissolve Parliament after a notice of motion proposing an inquiry into the conduct of the President has been given under Article 22L(3) unless — ( a ) a resolution is not passed pursuant to the notice of such motion under Article 22L(4); ( b ) where a resolution has been passed pursuant to the notice of such motion under Article 22L(4), the tribunal appointed under Article 22L(5) determines and reports that the President has not become permanently incapable of discharging the functions of his office or that the President has not been guilty of any of the other allegations contained in such motion; ( c ) the consequent resolution for the removal of the President is not passed under Article 22L(7); or ( d ) Parliament by resolution requests the President to dissolve Parliament. (4) Parliament, unless sooner dissolved, shall continue for 5 years from the date of its first sitting and shall then stand dissolved.


document_id: cons-1963
provision_ref: s66
chapter: PART 6 - THE LEGISLATURE
section: 66
title: General elections
content:
66. There shall be a general election at such time, within 3 months after every dissolution of Parliament, as the President shall, by Proclamation in the Gazette , appoint.


document_id: cons-1963
provision_ref: s68
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 68
title: Interpretation of this Part
content:
68. In this Part, unless the context otherwise requires — “adverse report” means a report of the Council stating that, in the opinion of the Council, some specified provision of a Bill or of a subsidiary legislation would be a differentiating measure; “Chairman” means the Chairman of the Council; “Council” means the Presidential Council for Minority Rights established under Article 69; “differentiating measure” means any measure which is, or is likely in its practical application to be, disadvantageous to persons of any racial or religious community and not equally disadvantageous to persons of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community; “member” means a member of the Council and includes the Chairman; “Money Bill” means a Bill which contains only provisions dealing with all or any of the following matters: ( a ) the imposition, repeal, remission, alteration or regulation of taxation; ( b ) the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds, or the variation or repeal of any such charges; ( c ) the grant of money to the Government or to any authority or person, or the variation or revocation of any such grant; ( d ) the appropriation, receipt, custody, investment, issue or audit of accounts of public money; ( e ) the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; ( f ) subordinate matters which are ancillary or incidental to any of the foregoing matters; “sitting day” means any date on which Parliament meets.


document_id: cons-1963
provision_ref: s69
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 69
title: Establishment of Presidential Council for Minority Rights
content:
69. —(1) There shall be a Presidential Council for Minority Rights which shall consist of — ( a ) a Chairman appointed for a period of 3 years; and ( b ) not more than 20 members. [39/2014] (1A) Up to 10 members may be permanent members appointed for life. [39/2014] (1B) Unless appointed for life, a member shall be appointed for a period of 3 years. [39/2014] (2) The Chairman and the members shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Cabinet. (3) The Chairman and the members appointed under clause (1B) shall be eligible for reappointment. [39/2014]


document_id: cons-1963
provision_ref: s70
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 70
title: Temporary appointment during incapacity of member
content:
70. Whenever a member informs the Chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the Council by reason of illness, absence or other cause, the Chairman shall convey the information to the President who may, if he, acting in his discretion, concurs with the advice of the Cabinet, appoint a person to serve as a member for that period.


document_id: cons-1963
provision_ref: s71
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 71
title: Qualifications of members
content:
71. No person shall be qualified to be appointed as a member unless he — ( a ) is a citizen of Singapore; ( b ) is not less than 35 years of age; ( c ) is resident in Singapore; and ( d ) is not liable to any of the disqualifications provided in Article 72.


document_id: cons-1963
provision_ref: s72
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 72
title: Disqualifications of members
content:
72. A person shall be disqualified for appointment as a member who — ( a ) is or has been found or declared to be of unsound mind; ( b ) is insolvent or an undischarged bankrupt; ( c ) has — (i) been convicted of an offence by a court in Singapore or elsewhere and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $10,000 (or its equivalent in a foreign currency when sentenced); and (ii) not received a free pardon, except that where the conviction is by a foreign court, the offence must also be one which, had it been committed in Singapore, would have been punishable by a court in Singapore; or [Act 19 of 2022 wef 27/05/2022] ( d ) has voluntarily acquired the citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.


document_id: cons-1963
provision_ref: s73
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 73
title: Termination of membership
content:
73. A member shall vacate his seat in the Council — ( a ) if he ceases to be a citizen of Singapore; ( b ) if by writing under his hand addressed to the Chairman he resigns his seat; or ( c ) if he becomes subject to any of the disqualifications provided in Article 72.


document_id: cons-1963
provision_ref: s74
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 74
title: Determination of questions as to membership
content:
74. —(1) Any question whether any person has become a member or has vacated his seat as such member shall be referred to and determined by a tribunal consisting of a Supreme Court Judge appointed by the Chief Justice and 2 members appointed by the Council. [38/2019] (2) Any tribunal constituted under clause (1) shall — ( a ) sit in private; ( b ) afford the person concerned adequate opportunity to call witnesses and be heard; and ( c ) report its decision to the Chairman. (3) The decision of the tribunal shall be final and shall not be open to question in any court.


document_id: cons-1963
provision_ref: s75
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 75
title: Oaths of Allegiance and Secrecy
content:
75. Before any person who has been appointed Chairman or a member enters upon the duties of his office, he shall take and subscribe before a Supreme Court Judge the Oath of Allegiance and the Oath of Secrecy in the forms set out respectively in paragraphs 2 and 7 in the First Schedule. [38/2019]


document_id: cons-1963
provision_ref: s76
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 76
title: General function of Council
content:
76. —(1) It shall be the general function of the Council to consider and report on such matters affecting persons of any racial or religious community in Singapore as may be referred to the Council by Parliament or the Government. (2) A reference to the Council by Parliament may be made by the Speaker, and a reference to the Council by the Government may be made by a Minister.


document_id: cons-1963
provision_ref: s77
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 77
title: Functions of Council in respect of Bills and subsidiary legislation
content:
77. It shall be the particular function of the Council to draw attention to any Bill or to any subsidiary legislation if that Bill or subsidiary legislation is, in the opinion of the Council, a differentiating measure.


document_id: cons-1963
provision_ref: s78
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 78
title: Copies of Bills and amendments thereto to be sent to Council
content:
78. —(1) Immediately after any Bill to which this Article applies has been given a final reading and passed by Parliament and before it is presented to the President for assent, the Speaker shall cause an authenticated copy of the Bill to be sent to the Council. (2) The Council shall consider the Bill and shall, within 30 days of the date on which the Bill was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Bill would, if enacted, be a differentiating measure. (3) Whenever after the receipt of an adverse report from the Council, the Bill to which it relates is amended by Parliament, the Speaker shall cause the Bill in its amended form to be sent again to the Council. (4) On the application of the Chairman, the Speaker may extend, as he thinks fit, the period of 30 days prescribed by clause (2), where he considers it proper to do so on account of the length or complexity of any Bill or the number of matters for the time being under consideration by the Council or for any sufficient reason. (5) The Speaker shall cause every report received by him from the Council in pursuance of clause (2) to be presented to Parliament without undue delay. Where the Speaker receives no such report on the Bill within the time provided in clause (2), or any extension thereof granted under clause (4), it shall be conclusively presumed that the Council is of the opinion that no provision of the Bill would, if enacted, be a differentiating measure. (6) No Bill to which this Article applies shall be presented to the President for assent unless it is accompanied by a certificate under the hand of the Speaker stating that — ( a ) in the opinion of the Council no provision of the Bill would, if enacted, be a differentiating measure; ( b ) no report having been received from the Council within the time prescribed or any extension thereof, the Council is presumed to be of the opinion that no provision of the Bill would, if enacted, be a differentiating measure; or ( c ) notwithstanding the opinion of the Council that some specified provision of the Bill would, if enacted, be a differentiating measure, a motion for the presentation of the Bill to the President for assent has been passed by not less than two-thirds of the total number of Members of Parliament (excluding nominated Members). [28/2016] (7) This Article shall not apply to — ( a ) a Money Bill; ( b ) a Bill certified by the Prime Minister as being one which affects the defence or the security of Singapore or which relates to public safety, peace or good order in Singapore; or ( c ) a Bill certified by the Prime Minister to be so urgent that it is not in the public interest to delay its enactment. (8) A Bill shall be deemed to be 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. No Money Bill shall be presented to the President for assent, unless it is accompanied by the Speaker’s certificate which shall be conclusive for all purposes and shall not be open to question in any court.


document_id: cons-1963
provision_ref: s79
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 79
title: Functions of Council in regard to Bills enacted on a certificate of urgency
content:
79. —(1) Where the President assents to a Bill which has been certified as urgent by the Prime Minister under Article 78(7), it shall nevertheless be the duty of the Speaker to cause an authenticated copy of the Act to be sent as soon as may be to the Council. (2) The Council shall thereupon consider the Act and shall, within 30 days of the date on which the Act was sent to the Council, make a report to the Speaker stating whether or not in the opinion of the Council any and, if so, which provision of the Act is a differentiating measure. (3) The Speaker shall cause any such report to be presented to Parliament as soon as possible.


document_id: cons-1963
provision_ref: s80
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 80
title: Functions of Council in regard to subsidiary legislation
content:
80. —(1) An authenticated copy of every piece of subsidiary legislation shall be sent to the Council by the appropriate Minister within 14 days of the publication of such subsidiary legislation. (2) The Council shall thereupon consider such subsidiary legislation and shall, within 30 days of the date on which the subsidiary legislation was sent to the Council, make a report to the Speaker and to the appropriate Minister, stating whether or not in the opinion of the Council any and, if so, which provision of the subsidiary legislation is a differentiating measure. (3) The Speaker shall cause every report of the Council on every piece of subsidiary legislation to be presented to Parliament on the next sitting day after receiving the Council’s report. (4) Where an adverse report in respect of any provision of any subsidiary legislation is presented to Parliament in pursuance of clause (3), then, within 6 months after the presentation of that report, unless either — ( a ) the provision has been revoked or amended by the appropriate Minister; or ( b ) Parliament has passed a resolution confirming that provision, the appropriate Minister shall revoke such provision and cause a notice of revocation to be published in the Gazette . (5) If no report on any subsidiary legislation is received from the Council within the time provided in clause (2), it shall be conclusively presumed that the Council is of the opinion that no provision in such subsidiary legislation is a differentiating measure.


document_id: cons-1963
provision_ref: s81
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 81
title: Functions of Council in regard to certain written law
content:
81. —(1) The Council may examine any written law in force on 9 January 1970 and may make a report in regard to any provision in such written law which, in the opinion of the Council, is a differentiating measure. (2) The Council shall send such report to the Speaker and the Speaker shall cause such report to be presented to Parliament as soon as possible. (3) In the case of a report on any subsidiary legislation, the Council shall also cause a copy of the report to be sent to the appropriate Minister.


document_id: cons-1963
provision_ref: s82
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 82
title: Duties of Chairman
content:
82. —(1) The Council shall meet on the summons of the Chairman. (2) The Chairman, if present, shall preside at all meetings of the Council. (3) Whenever the office of Chairman is vacant or the Chairman for any reason is unable to attend, some other member shall be elected by the Council to act as Chairman.


document_id: cons-1963
provision_ref: s83
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 83
title: Quorum and voting
content:
83. —(1) The Council shall not transact any business unless a quorum of 8 members, including the Chairman or member presiding, is present. (2) Any decision of the Council shall be made by a majority of the votes of the members present and voting. (3) The Chairman or member presiding shall have an original vote but not a casting vote. (4) If upon any question before the Council the votes of the members are equally divided, the motion shall be deemed to be lost.


document_id: cons-1963
provision_ref: s84
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 84
title: Proceedings of Council to be in private
content:
84. The proceedings of the Council shall be conducted in private and the Council shall not be entitled to hear objectors or examine witnesses in regard to any Bill or law which is being considered by the Council in pursuance of the provisions of this Part.


document_id: cons-1963
provision_ref: s85
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 85
title: Council’s report
content:
85. In reporting the opinion of the Council under the provisions of this Part, the Council shall state — ( a ) either that the report is unanimous or the number of votes for and against it; and ( b ) in the case of an adverse report, the grounds on which the Council has reached its conclusion.


document_id: cons-1963
provision_ref: s86
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 86
title: Validity of proceedings notwithstanding vacancy in membership
content:
86. Subject to Article 83(1), the Council shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.


document_id: cons-1963
provision_ref: s87
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 87
title: Attendance of Minister, etc.
content:
87. Any Minister, Minister of State or Parliamentary Secretary specially authorised by the Prime Minister for this purpose shall be entitled to attend and take part in the proceedings of the Council as if he were a member but shall not have the right to vote in the Council.


document_id: cons-1963
provision_ref: s88
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 88
title: Power of Council to make rules regulating procedure
content:
88. Subject to the provisions of this Constitution, the Council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business but no such rules shall have effect until they have been approved by the President.


document_id: cons-1963
provision_ref: s89
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 89
title: Annual report
content:
89. —(1) Once in every year it shall be the duty of the Council to compile and present to the President a report on the work of the Council during the preceding 12 months. (2) The President shall cause such report to be presented to Parliament as soon as possible.


document_id: cons-1963
provision_ref: s90
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 90
title: Salaries and fees
content:
90. —(1) There shall be paid to the Chairman and the other members such salaries and fees as may be determined by the President. (2) The salaries and fees payable under clause (1) shall be defrayed out of moneys provided by Parliament.


document_id: cons-1963
provision_ref: s91
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 91
title: Appointment of staff
content:
91. The Council shall have power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions under this Part.


document_id: cons-1963
provision_ref: s92
chapter: PART 7 - THE PRESIDENTIAL COUNCIL FOR
section: 92
title: Power to make rules generally
content:
92. The President may make rules for the conduct of business between the Council and Parliament and between the Council and any authority empowered to make subsidiary legislation, and generally for carrying out the purposes of this Part.


document_id: cons-1963
provision_ref: s93
chapter: PART 8 - THE JUDICIARY
section: 93
title: Judicial power of Singapore
content:
93. The judicial power of Singapore shall be vested in a Supreme Court and in such subordinate courts as may be provided by any written law for the time being in force.


document_id: cons-1963
provision_ref: s93A
chapter: PART 8 - THE JUDICIARY
section: 93A
title: Jurisdiction to determine questions as to validity of Presidential election
content:
93A. —(1) All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Supreme Court Judge nominated by the Chief Justice for the purpose (referred to in this Constitution as the Election Judge). [38/2019] (2) The Election Judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the President, and the decision of the Election Judge in any such proceedings shall be final. (3) The procedure and practice in proceedings relating to the election of the President shall be regulated by rules which may be made by the Rules Committee constituted and appointed under section 80 of the Supreme Court of Judicature Act 1969.


document_id: cons-1963
provision_ref: s94
chapter: PART 8 - THE JUDICIARY
section: 94
title: Constitution of Supreme Court
content:
94. —(1) The Supreme Court consists of — ( a ) the Court of Appeal; and ( b ) the High Court, which in turn consists of — (i) the Appellate Division; and (ii) the General Division. [38/2019] (2) The Court of Appeal and the Divisions of the High Court have the jurisdiction and powers conferred on each of them by this Constitution and any other written law. [38/2019] (3) The Court of Appeal consists of the Chief Justice and the Justices of the Court of Appeal. [38/2019] (4) The Appellate Division of the High Court consists of the Chief Justice and the Judges of the Appellate Division. [38/2019] (5) The General Division of the High Court consists of the Chief Justice and the Judges of the High Court. [38/2019] (6) A Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court may, if required by the Chief Justice, sit in the Court of Appeal or a Division of the High Court established by clause (1) even if the Justice of the Court of Appeal, the Judge of the Appellate Division or the Judge of the High Court is not a member of the Court of Appeal or that Division of the High Court, as the case may be. [38/2019] (7) A Judicial Commissioner, a Senior Judge or an International Judge may, subject to Article 95(7), (8), (9) and (10) and the terms of his appointment — ( a ) sit in the General Division of the High Court; and ( b ) if required by the Chief Justice, sit in the Appellate Division of the High Court or the Court of Appeal. [38/2019]


document_id: cons-1963
provision_ref: s95
chapter: PART 8 - THE JUDICIARY
section: 95
title: Appointment of Supreme Court Judges, etc.
content:
95. —(1) The Chief Justice, the Justices of the Court of Appeal, the Judges of the Appellate Division and the Judges of the High Court shall be appointed by the President if he, acting in his discretion, concurs with the advice of the Prime Minister. [38/2019] (2) The President may, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint a person who is 65 years of age or older and who is either qualified for appointment as a Supreme Court Judge or has ceased to be a Supreme Court Judge, to be the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court for a specified period. [39/2014; 38/2019] (3) [ Deleted by Act 38 of 2019 ] (4) In order to facilitate the disposal of business in the Supreme Court, the President may, if he, acting in his discretion, concurs with the advice of the Prime Minister — ( a ) appoint a person who is qualified for appointment as a Supreme Court Judge to be a Judicial Commissioner; ( b ) appoint a person who has ceased to be a Supreme Court Judge to be a Senior Judge; or ( c ) appoint a person who, in the opinion of the Chief Justice, is a person with the necessary qualifications, experience and professional standing to be an International Judge. [39/2014; 38/2019] (5) For the purposes of clause (4), a Judicial Commissioner, a Senior Judge or an International Judge may — ( a ) be appointed to hear and determine a specific case only (subject to clause (10) for an International Judge); or ( b ) be appointed for a specified period. [39/2014; 38/2019] (6) Before tendering his advice as to an appointment under clause (1), (2) or (4), other than the appointment of the Chief Justice, the Prime Minister must consult the Chief Justice. [39/2014] (7) A Judicial Commissioner appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in any case or in respect of such classes of cases as the Chief Justice may specify. [39/2014; 38/2019] (8) A Senior Judge and an International Judge appointed for a specified period may exercise the powers and perform the functions of a Judge of the High Court in such cases or classes of cases as the Chief Justice specifies under clause (9). [39/2014; 38/2019] (9) The Chief Justice may — ( a ) from time to time, require a Senior Judge appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify; and ( b ) from time to time and subject to clause (10), require an International Judge appointed for a specified period to hear and determine any specific case, or such classes of cases as the Chief Justice may specify. [39/2014; 38/2019] (10) The Legislature may by law limit the classes of cases that may be heard and determined by an International Judge. [39/2014; 38/2019] (11) Anything done by a Judicial Commissioner, a Senior Judge or an International Judge when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a Judge of the High Court and, in respect thereof, the Judicial Commissioner, Senior Judge or International Judge (as the case may be) shall have the same powers and enjoy the same immunities as if he had been a Judge of the High Court. [39/2014; 38/2019]


document_id: cons-1963
provision_ref: s96
chapter: PART 8 - THE JUDICIARY
section: 96
title: Qualifications of Supreme Court Judges
content:
96. A person is qualified for appointment as a Supreme Court Judge if the person has for an aggregate period of 10 or more years been one or more of the following: ( a ) a qualified person within the meaning of section 2 of the Legal Profession Act 1966 † ; ( b ) an officer in the Singapore Judicial Service; ( c ) an officer in the Singapore Legal Service. [Act 32 of 2021 wef 14/01/2022] [ † Updated to be consistent with the 2020 Revised Edition]


document_id: cons-1963
provision_ref: s97
chapter: PART 8 - THE JUDICIARY
section: 97
title: Oath of Office of Supreme Court Judges, etc.
content:
97. —(1) A person appointed to a high judicial office shall, before he enters on the execution of his office, take, in the presence of the President, the Oath of Office in the form set out in the First Schedule. [31/2007; 39/2014; 38/2019] (2) Notwithstanding clause (1), a Judicial Commissioner, a Senior Judge or an International Judge who is appointed under Article 95(4) to hear and determine a specified case need not be required to take the Oath of Office again if a period of less than 12 months intervenes between the date of his judgment in any specified case he is so appointed to hear and determine and the start of hearing for the next specified case. [31/2007; 39/2014; 38/2019]


document_id: cons-1963
provision_ref: s98
chapter: PART 8 - THE JUDICIARY
section: 98
title: Tenure of office and remuneration of Supreme Court Judges, etc.
content:
98. —(1) The office of a Supreme Court Judge must not be abolished during the continuance in office of the Judge. [39/2014; 38/2019] (1A) Unless he resigns or is removed in accordance with this Article, a Supreme Court Judge appointed under Article 95(1) holds office until he attains the age of 65 years or such later time not being later than 6 months after he attains that age, as the President may approve. [38/2019] (2) A person holding high judicial office may at any time resign his office by writing under his hand addressed to the President, but shall not be removed from office except in accordance with clauses (3), (4) and (5). [39/2014; 38/2019] (3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a person holding high judicial office ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his office, the President shall appoint a tribunal in accordance with clause (4) and shall refer that representation to it; and may on the recommendation of the tribunal remove the person from office. [39/2014; 38/2019] (4) The tribunal shall consist of not less than 5 persons who hold or have held office as a Supreme Court Judge, or, if it appears to the President expedient to make such an appointment, persons who hold or have held equivalent office in any part of the Commonwealth, and the tribunal shall be presided over by the member first in the following order, namely, the Chief Justice according to their precedence among themselves and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of 2 members with appointments of the same date). [38/2019] (5) Pending any reference and report under clause (3), the President may, if he, acting in his discretion, concurs with the recommendation of the Prime Minister and, in the case of any other person holding high judicial office, after consulting the Chief Justice, suspend a person holding high judicial office from the exercise of his functions. [39/2014; 38/2019] (6) The Legislature shall by law provide for the remuneration of the Supreme Court Judges and the remuneration so provided shall be charged on the Consolidated Fund. [38/2019] (7) Subject to this Article, the Legislature may by law provide for the terms of office of the Supreme Court Judges, other than their remuneration, and may provide that any gratuity payable in respect of service as a Supreme Court Judge shall be charged on the Consolidated Fund. [39/2014; 38/2019] (8) The remuneration and other terms of office (including any pension or gratuity) of a Supreme Court Judge shall not be altered to his disadvantage after his appointment. [39/2014; 38/2019] (9) Notwithstanding clause (1A), the validity of anything done by a Supreme Court Judge shall not be questioned on the ground that he had attained the age on which he was required to retire. [38/2019] (10) The President may, in his discretion, grant leave of absence from his duties to the Chief Justice and, acting on the advice of the Chief Justice, to any other Supreme Court Judge. [38/2019]


document_id: cons-1963
provision_ref: s99
chapter: PART 8 - THE JUDICIARY
section: 99
title: Restriction on Parliamentary discussion of conduct of person holding high judicial office
content:
99. The conduct of a person holding high judicial office shall not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one‑quarter of the total number of the Members of Parliament. [39/2014; 38/2019]


document_id: cons-1963
provision_ref: s100
chapter: PART 8 - THE JUDICIARY
section: 100
title: Advisory opinion
content:
100. —(1) The President may refer to a tribunal consisting of not less than 3 Supreme Court Judges for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise. [38/2019] (2) Where a reference is made to a tribunal under clause (1), it shall be the duty of the tribunal to consider and answer the question so referred as soon as may be and in any case not more than 60 days after the date of such reference, and the tribunal shall certify to the President, for his information, its opinion on the question referred to it under clause (1) with reasons for its answer, and any Judge in the tribunal who differs from the opinion of the majority shall in like manner certify his opinion and his reasons. (3) The opinion of the majority of the Judges in the tribunal shall, for the purposes of this Article, be the opinion of the tribunal, and every such opinion of the tribunal shall be pronounced in open court. (4) No court shall have jurisdiction to question the opinion of any tribunal or the validity of any law, or any provision therein, the Bill for which has been the subject of a reference to a tribunal by the President under this Article. 101. [ Repealed by Act 38 of 2019 ]


document_id: cons-1963
provision_ref: s102
chapter: PART 9 - THE PUBLIC SERVICE
section: 102
title: Public services
content:
102. —(1) For the purposes of this Constitution and except as hereinafter in this Part provided, the public services shall be — ( a ) the Singapore Armed Forces; ( b ) the Singapore Civil Service; ( ba ) the Singapore Judicial Service; [Act 32 of 2021 wef 14/01/2022] ( c ) the Singapore Legal Service; and ( d ) the Singapore Police Force. (2) [ Deleted by Act 32 of 2021 wef 14/01/2022 ]


document_id: cons-1963
provision_ref: s103
chapter: PART 9 - THE PUBLIC SERVICE
section: 103
title: Interpretation of this Part
content:
103. —(1) Subject to clause (2), in this Part, unless the context otherwise requires — “appointed member” means — ( a ) in Chapter 3 — a member of the Judicial Service Commission appointed under Article 111B(2)( c ); and ( b ) in Chapter 4 — a member of the Legal Service Commission appointed under Article 111J(2)( c ); “award” means any pension, gratuity or other similar allowance; “Commission” means — ( a ) in Chapter 2 — the Public Service Commission; ( b ) in Chapter 3 — the Judicial Service Commission; ( c ) in Chapter 4 — the Legal Service Commission; and ( d ) in Chapter 5 — the Public Service Commission, the Judicial Service Commission or the Legal Service Commission; “public office” does not include the following offices, and “public officer” has a corresponding meaning: ( a ) any high judicial office; ( b ) the office of Attorney‑General or Deputy Attorney‑General; ( c ) the office of member of the Public Service Commission, the Judicial Service Commission or the Legal Service Commission; ( d ) the office of any police officer below the rank of Inspector; ( e ) any office the remuneration of the holder of which is calculated on a daily rate; “public service” does not include service otherwise than in a civil capacity. (2) The definitions of “public office”, “public officer” and “public service” in clause (1) do not apply for the purposes of Articles 112, 114 and 115. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s104
chapter: PART 9 - THE PUBLIC SERVICE
section: 104
title: Provisions about public service
content:
104. —(1) Except as expressly provided by this Constitution, every person who is a member of the public service shall hold office during the pleasure of the President. [Act 32 of 2021 wef 14/01/2022] (2) Except as otherwise expressly provided by this Constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the President. [Act 32 of 2021 wef 14/01/2022] (3) The promotion of public officers is to be based on official qualifications, experience and merit. [Act 32 of 2021 wef 14/01/2022] (4) A public officer must not be dismissed or reduced in rank under this Part without being given a reasonable opportunity to be heard. [Act 32 of 2021 wef 14/01/2022] (5) Subject to Article 110D, an officer in any of the services mentioned in Article 102(1)( b ), ( ba ), ( c ) and ( d ) must not be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint an officer of that service of equal rank. [Act 32 of 2021 wef 14/01/2022] Chapter 2 — The Public Service Commission [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s105
chapter: PART 9 - THE PUBLIC SERVICE
section: 105
title: Public Service Commission
content:
105. —(1) There shall be a Public Service Commission which shall consist of a Chairman and not less than 5 and not more than 14 other members, each of whom shall be appointed in writing under the hand of the President, if the President, acting in his discretion, concurs with the advice of the Prime Minister. (2) The Chairman shall be a citizen of Singapore. (3) The President may, from time to time, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint one or more Deputy Chairmen from among the members of the Commission. [Act 32 of 2021 wef 14/01/2022] (4) Before tendering his advice as to the appointment under clause (3) of a Deputy Chairman, the Prime Minister shall consult the Chairman of the Commission. [Act 32 of 2021 wef 14/01/2022] (5) Every Deputy Chairman appointed under clause (3) shall hold office for such period as may be specified in the terms of his appointment and shall cease to be Deputy Chairman if he ceases to be a member of the Commission. [Act 32 of 2021 wef 14/01/2022] (6) A person appointed to be a member of the Commission shall thereafter be ineligible for appointment to any public office. [Act 32 of 2021 wef 14/01/2022] (7) At any meeting of the Commission, 3 members who shall include either the Chairman or one of the Deputy Chairmen, and may include both of them, shall form a quorum. If the quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein. [Act 32 of 2021 wef 14/01/2022] (8) Before assuming the duties of his office, the Chairman and every other member of the Commission shall take and subscribe before the Chief Justice or some other Supreme Court Judge the appropriate Oath for the due execution of his office in the form set out in the First Schedule. [38/2019] [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s106
chapter: PART 9 - THE PUBLIC SERVICE
section: 106
title: Disqualification for appointment to Commission
content:
106. —(1) A person shall not be appointed to be a member of the Commission if he is, and shall cease to be a member if he becomes — ( a ) a public officer; ( b ) an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act 1967 or any corresponding previous written law; ( c ) a Member of Parliament or a duly nominated candidate for election as such Member; ( d ) a member of any trade union or of any body or association affiliated to a trade union; [Act 31 of 2024 wef 09/12/2024] ( da ) a member of any platform work association or of any body or association affiliated to a platform work association; or [Act 31 of 2024 wef 09/12/2024] ( e ) the holder of any office in any political association. [Act 32 of 2021 wef 14/01/2022] (2) Clause (1)( b ) shall not apply to any person who is a member of the teaching staff of any university established by or under any written law.


document_id: cons-1963
provision_ref: s107
chapter: PART 9 - THE PUBLIC SERVICE
section: 107
title: Tenure of office
content:
107. —(1) Subject to Article 106, every member of the Commission shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under this Article, hold office for a period of 5 years from the date of his appointment, but shall be eligible for reappointment: Provided that a member, other than the Chairman, may be appointed to hold office for any shorter period of not less than 3 years. [Act 32 of 2021 wef 14/01/2022] (2) If the Prime Minister, or the Chairman of the Commission after consulting with the Prime Minister, represents to the President that a member of the Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall, if he, acting in his discretion, concurs with that representation, refer that representation to a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice and shall, if that tribunal so recommends, remove that member from office by writing under his hand. [38/2019] [Act 32 of 2021 wef 14/01/2022] (3) The tribunal constituted under clause (2) shall regulate its own procedure and may make rules for that purpose.


document_id: cons-1963
provision_ref: s108
chapter: PART 9 - THE PUBLIC SERVICE
section: 108
title: Terms of service of Chairman and members of Commission
content:
108. —(1) The Chairman and other members of the Commission shall be paid such salary and allowances as may, from time to time, be determined, and such salary and allowances shall be charged on and paid out of the Consolidated Fund. [Act 32 of 2021 wef 14/01/2022] (2) Subject to the provisions of this Constitution, the terms of service of the members of the Commission may either — ( a ) be prescribed in regulations made by the President and published in the Gazette ; or ( b ) (in so far as they are not prescribed by or under any such law) be determined by the President. [39/2014] [Act 32 of 2021 wef 14/01/2022] (2A) Regulations made under clause (2)( a ) may provide that any gratuity payable in respect of service as a member of the Commission shall be charged on and paid out of the Consolidated Fund. [39/2014] [Act 32 of 2021 wef 14/01/2022] (3) The terms of service of any member of the Commission shall not be altered to his disadvantage during his continuance in office. [Act 32 of 2021 wef 14/01/2022] (4) For the purposes of clause (3), in so far as the terms of service of a member of the Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s109
chapter: PART 9 - THE PUBLIC SERVICE
section: 109
title: Secretary to Commission
content:
109. —(1) There shall be a Secretary to the Commission who shall be a person who is a public officer and who shall be appointed by the President in accordance with the advice of the Commission. [Act 32 of 2021 wef 14/01/2022] (2) The Secretary to the Commission shall be responsible, in accordance with such instructions as may be given to him by the Chairman of the Commission, for arranging the business for, and keeping the minutes of, the meetings of the Commission and for conveying the decisions of the Commission to the appropriate person or authority and shall have such other functions as the Chairman may, from time to time, direct. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s110
chapter: PART 9 - THE PUBLIC SERVICE
section: 110
title: Functions
content:
110. —(1) Subject to the provisions of this Constitution, it shall be the duty of the Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over public officers (but not officers in the Singapore Judicial Service or the Singapore Legal Service). [Act 32 of 2021 wef 14/01/2022] (2) [ Deleted by Act 32 of 2021 wef 14/01/2022 ] (3) [ Deleted by Act 32 of 2021 wef 14/01/2022 ] (4) [ Deleted by Act 32 of 2021 wef 14/01/2022 ] (5) In clause (1) — “appoint” does not include an appointment to act in an office for 2 months or less; “transfer” does not include transfer without a change of rank within a department of the Government. [Act 32 of 2021 wef 14/01/2022] 110A. [ Repealed by Act 11 of 1998 ] 110B. [ Repealed by Act 11 of 1998 ] 110C. [ Repealed by Act 11 of 1998 ]


document_id: cons-1963
provision_ref: s110D
chapter: PART 9 - THE PUBLIC SERVICE
section: 110D
title: Personnel boards
content:
110D. —(1) Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette , establish one or more personnel boards to exercise all or any of the powers and functions of the Commission under Article 110. [Act 32 of 2021 wef 14/01/2022] (2) The order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following: ( a ) the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and ( b ) all powers of the Commission in relation to public officers in the Administrative Service and Administrative Service (Foreign Service Branch) who hold appointments of and above the significant grade (as defined in Article 111A(1)) in those Services, including the power to nominate officers for appointment or promotion to that grade, and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed. [Act 32 of 2021 wef 14/01/2022] (3) Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Commission, such power or function — ( a ) may be exercised by such personnel board notwithstanding anything in Articles 104(5) and 110(1); and [Act 32 of 2021 wef 14/01/2022] ( b ) shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that Commission except to the extent permitted under clause (4). [Act 32 of 2021 wef 14/01/2022] (3A) Any personnel board may, in writing and subject to such conditions as it thinks fit, delegate all or any of the powers or functions exercisable by the board under this Article (except this power of delegation) to any member of the personnel board, and that member shall exercise those powers or functions in accordance with the terms of the delegation; but no such delegation shall prevent the exercise of any such power or function by the personnel board. [12/2004] (3B) Any act or thing done by a delegate of a personnel board while acting in the exercise of a delegation under clause (3A) shall have the same force and effect as if the act or thing had been done by the personnel board and shall be deemed to have been done by the personnel board. [12/2004] (4) Subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board or its delegate may, within such time and in such manner as may be prescribed, appeal to the Commission, and the decision of the Commission shall be final. [12/2004] [Act 32 of 2021 wef 14/01/2022] (5) Subject to clause (6), a personnel board which is established to exercise any power over officers in Division I shall consist of such persons as the President may, on the advice of the Prime Minister, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Prime Minister. (6) A person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes — ( a ) a Member of Parliament or a duly nominated candidate for election as such Member; ( b ) a member of any trade union or of any body or association affiliated to a trade union; [Act 31 of 2024 wef 09/12/2024] ( ba ) a member of any platform work association or of any body or association affiliated to a platform work association; or [Act 31 of 2024 wef 09/12/2024] ( c ) the holder of any office in any political association. (7) The President may by regulations — ( a ) provide for matters relating to the appointment of members of personnel boards; ( b ) prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions; ( c ) prescribe the manner of appeals under clause (4); and ( d ) modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the President but without prejudice to the right to appeal thereafter to the Commission. [Act 32 of 2021 wef 14/01/2022] (8) Nothing in this Article shall affect any direction or delegation issued before 1 October 1994 by the Commission under Article 116(3), and this Article shall not apply to any power or function of the Commission so long it forms the subject of any such direction or delegation. [Act 32 of 2021 wef 14/01/2022] 111. [ Repealed by Act 32 of 2021 wef 14/01/2022 ] 111AA. [ Repealed by Act 32 of 2021 wef 14/01/2022 ]


document_id: cons-1963
provision_ref: s111A
chapter: PART 9 - THE PUBLIC SERVICE
section: 111A
title: Promotion to significant grade
content:
111A. —(1) The President may, by notification in the Gazette , designate as significant a grade each in the Administrative Service Scheme of Service and the Administrative (Foreign Service) Scheme of Service (referred to in this Article as the significant grade), and such notification may be subsequently amended to designate as significant any other grade in those Schemes of Service not lower than the grade first so designated. (2) Notwithstanding any other provision in this Constitution, any appointment or promotion of a public officer to the significant grade shall be made by the President, acting in accordance with the advice of the Prime Minister, from public officers nominated by the Commission. [Act 32 of 2021 wef 14/01/2022] Chapter 3 — The Judicial Service Commission [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111B
chapter: PART 9 - THE PUBLIC SERVICE
section: 111B
title: Judicial Service Commission
content:
111B. —(1) A Judicial Service Commission is established. (2) The Commission consists of — ( a ) the Chief Justice (as President); ( b ) the Chairman of the Public Service Commission (as Vice‑President); and ( c ) the following other members: (i) up to 2 members appointed by the President on the advice of the Chief Justice; (ii) up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission; (iii) up to 2 members appointed by the President on the advice of the Prime Minister. (3) For the purposes of clause (2)( c ) — ( a ) the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and ( b ) the President must not appoint 2 members under clause (2)( c )(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following: (i) a qualified person within the meaning of section 2(1) of the Legal Profession Act 1966 † ; (ii) an officer in the Singapore Judicial Service; (iii) an officer in the Singapore Legal Service. [ † Updated to be consistent with the 2020 Revised Edition] (4) Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111C
chapter: PART 9 - THE PUBLIC SERVICE
section: 111C
title: Disqualification for appointment to Commission
content:
111C. A person must not be appointed as a member under Article 111B(2)( c ) if the person is, and ceases to be an appointed member if the person becomes — ( a ) a public officer; ( b ) an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act 1967 † or any corresponding previous written law; ( c ) a Member of Parliament or a duly nominated candidate for election as such Member; ( d ) a member of any trade union or of any body or association affiliated to a trade union; [Act 31 of 2024 wef 09/12/2024] ( da ) a member of any platform work association or of any body or association affiliated to a platform work association; or [Act 31 of 2024 wef 09/12/2024] ( e ) the holder of any office in any political association. [Act 32 of 2021 wef 14/01/2022] [ † Updated to be consistent with the 2020 Revised Edition]


document_id: cons-1963
provision_ref: s111D
chapter: PART 9 - THE PUBLIC SERVICE
section: 111D
title: Tenure of office of appointed members
content:
111D. —(1) Subject to this Article and Article 111C, an appointed member — ( a ) is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and ( b ) is eligible for reappointment. (2) An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President. (3) If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for — ( a ) inability to discharge the functions of the appointed member’s office; or ( b ) misbehaviour, the President must — ( c ) refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and ( d ) remove the appointed member from office by writing under the President’s hand if the tribunal so recommends. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111E
chapter: PART 9 - THE PUBLIC SERVICE
section: 111E
title: Terms of service of appointed members, etc.
content:
111E. —(1) An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund. (2) Subject to the provisions of this Constitution, the terms of service of an appointed member are — ( a ) to be prescribed in regulations made by the President and published in the Gazette ; or ( b ) to be determined by the President insofar as they are not determined by or under any such law. (3) The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office. (4) For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111F
chapter: PART 9 - THE PUBLIC SERVICE
section: 111F
title: Functions
content:
111F. —(1) Subject to clause (2), the Commission — ( a ) has jurisdiction over all officers in the Singapore Judicial Service; and ( b ) has the following functions and powers in relation to those officers: (i) appointment; (ii) confirmation; (iii) emplacement on the permanent establishment; (iv) promotion; (v) transfer; (vi) disciplinary control; (vii) dismissal. (2) The Commission and the Legal Service Commission may jointly make regulations to — ( a ) prescribe one or more posts; and ( b ) provide, in relation to officers in the Singapore Judicial Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Legal Service Commission instead of the Commission. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111G
chapter: PART 9 - THE PUBLIC SERVICE
section: 111G
title: Procedure
content:
111G. Subject to the provisions of this Constitution, the Commission may regulate its own procedure and make rules for that purpose. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111H
chapter: PART 9 - THE PUBLIC SERVICE
section: 111H
title: Secretary to Commission
content:
111H. —(1) There is to be a Secretary to the Commission, who — ( a ) must be a person who is a public officer; and ( b ) is to be appointed by the President in accordance with the advice of the Commission. (2) Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for — ( a ) arranging the business for, and keeping the minutes of, the meetings of the Commission; and ( b ) conveying the decisions of the Commission to the appropriate person or authority. (3) The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111I
chapter: PART 9 - THE PUBLIC SERVICE
section: 111I
title: Personnel boards
content:
111I. —(1) Subject to the provisions of this Article, the Commission may make regulations to — ( a ) establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and ( b ) delegate all or any of its functions and powers to a personnel board, whether with or without conditions, and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission. (2) The Commission must not delegate — ( a ) any of its functions or powers relating to disciplinary control or dismissal; ( b ) any of its functions or powers relating to officers in the Singapore Judicial Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and ( c ) any function or power in relation to officers in the Singapore Legal Service holding a post prescribed by regulations made under Article 111N(2), if that function or power could not have been delegated by the Legal Service Commission under Article 111Q. (3) For the purposes of clause (2)( b ) — ( a ) the President may, on the advice of the Prime Minister and by notification in the Gazette , designate a threshold grade in the Singapore Judicial Service; and ( b ) the Prime Minister must consult the President of the Commission before advising the President under paragraph ( a ). (4) A personnel board must consist of at least 3 members. (5) A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission. (6) Only the following persons may be appointed as members of a personnel board: ( a ) a member of the Commission; ( b ) a Supreme Court Judge, a Judicial Commissioner or a Senior Judge; ( c ) an officer in the Singapore Judicial Service. [Act 32 of 2021 wef 14/01/2022] Chapter 4 — The Legal Service Commission [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111J
chapter: PART 9 - THE PUBLIC SERVICE
section: 111J
title: Legal Service Commission
content:
111J. —(1) A Legal Service Commission is established. (2) The Commission consists of — ( a ) the Attorney‑General (as President); ( b ) the Chairman of the Public Service Commission (as Vice‑President); and ( c ) the following other members: (i) up to 2 members appointed by the President on the advice of the Attorney‑General; (ii) up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission; (iii) up to 2 members appointed by the President on the advice of the Prime Minister. (3) For the purposes of clause (2)( c ) — ( a ) the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and ( b ) the President must not appoint 2 members under clause (2)( c )(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following: (i) a qualified person within the meaning of section 2(1) of the Legal Profession Act 1966 † ; (ii) an officer in the Singapore Judicial Service; (iii) an officer in the Singapore Legal Service. [ † Updated to be consistent with the 2020 Revised Edition] (4) Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111K
chapter: PART 9 - THE PUBLIC SERVICE
section: 111K
title: Disqualification for appointment to Commission
content:
111K. A person must not be appointed as a member under Article 111J(2)( c ) if the person is, and ceases to be an appointed member if the person becomes — ( a ) a public officer; ( b ) an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act 1967 † or any corresponding previous written law; ( c ) a Member of Parliament or a duly nominated candidate for election as such Member; ( d ) a member of any trade union or of any body or association affiliated to a trade union; [Act 31 of 2024 wef 09/12/2024] ( da ) a member of any platform work association or of any body or association affiliated to a platform work association; or [Act 31 of 2024 wef 09/12/2024] ( e ) the holder of any office in any political association. [Act 32 of 2021 wef 14/01/2022] [ † Updated to be consistent with the 2020 Revised Edition]


document_id: cons-1963
provision_ref: s111L
chapter: PART 9 - THE PUBLIC SERVICE
section: 111L
title: Tenure of office of appointed members
content:
111L. —(1) Subject to this Article and Article 111K, an appointed member — ( a ) is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and ( b ) is eligible for reappointment. (2) An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President. (3) If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for — ( a ) inability to discharge the functions of the appointed member’s office; or ( b ) misbehaviour, the President must — ( c ) refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and ( d ) remove the appointed member from office by writing under the President’s hand if the tribunal so recommends. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111M
chapter: PART 9 - THE PUBLIC SERVICE
section: 111M
title: Terms of service of appointed members, etc.
content:
111M. —(1) An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund. (2) Subject to the provisions of this Constitution, the terms of service of an appointed member are — ( a ) to be prescribed in regulations made by the President and published in the Gazette ; or ( b ) to be determined by the President insofar as they are not determined by or under any such law. (3) The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office. (4) For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111N
chapter: PART 9 - THE PUBLIC SERVICE
section: 111N
title: Functions
content:
111N. —(1) Subject to clause (2), the Commission — ( a ) has jurisdiction over all officers in the Singapore Legal Service; and ( b ) has the following functions and powers in relation to those officers: (i) appointment; (ii) confirmation; (iii) emplacement on the permanent establishment; (iv) promotion; (v) transfer; (vi) disciplinary control; (vii) dismissal. (2) The Commission and the Judicial Service Commission may jointly make regulations to — ( a ) prescribe one or more posts; and ( b ) provide, in relation to officers in the Singapore Legal Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Judicial Service Commission instead of the Commission. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111O
chapter: PART 9 - THE PUBLIC SERVICE
section: 111O
title: Procedure
content:
111O. Subject to the provisions of this Constitution, the Commission may regulate its own procedure and make rules for that purpose. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111P
chapter: PART 9 - THE PUBLIC SERVICE
section: 111P
title: Secretary to Commission
content:
111P. —(1) There is to be a Secretary to the Commission, who — ( a ) must be a person who is a public officer; and ( b ) is to be appointed by the President in accordance with the advice of the Commission. (2) Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for — ( a ) arranging the business for, and keeping the minutes of, the meetings of the Commission; and ( b ) conveying the decisions of the Commission to the appropriate person or authority. (3) The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s111Q
chapter: PART 9 - THE PUBLIC SERVICE
section: 111Q
title: Personnel boards
content:
111Q. —(1) Subject to the provisions of this Article, the Commission may make regulations to — ( a ) establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and ( b ) delegate all or any of its functions and powers to a personnel board, whether with or without conditions, and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission. (2) The Commission must not delegate — ( a ) any of its functions or powers relating to disciplinary control or dismissal; ( b ) any of its functions or powers relating to officers in the Singapore Legal Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and ( c ) any function or power in relation to officers in the Singapore Judicial Service holding a post prescribed by regulations made under Article 111F(2), if that function or power could not have been delegated by the Judicial Service Commission under Article 111I. (3) For the purposes of clause (2)( b ) — ( a ) the President may, on the advice of the Prime Minister and by notification in the Gazette , designate a threshold grade in the Singapore Legal Service; and ( b ) the Prime Minister must consult the President of the Commission before advising the President under paragraph ( a ). (4) A personnel board must consist of at least 3 members. (5) A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission. (6) Only the following persons may be appointed as members of a personnel board: ( a ) a member of the Commission; ( b ) a Deputy Attorney‑General; ( c ) an officer in the Singapore Legal Service. [Act 32 of 2021 wef 14/01/2022] Chapter 5 — Supplementary Provisions [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s112
chapter: PART 9 - THE PUBLIC SERVICE
section: 112
title: Protection of pension rights
content:
112. —(1) The law applicable to any award granted to any public officer or to his widow, children, dependants or personal representatives shall be that in force on the relevant day or any later law not less favourable to the person concerned. [Act 32 of 2021 wef 14/01/2022] (2) For the purposes of this Article, the relevant day is — ( a ) in relation to an award made before 16 September 1963, the date on which the award was made; ( b ) in relation to an award made after 16 September 1963, to or in respect of any person who was a public officer before that date, the date immediately before that date; and ( c ) in relation to an award made to or in respect of any person who first became a public officer on or after 16 September 1963, the date on which he first became a public officer. (3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.


document_id: cons-1963
provision_ref: s113
chapter: PART 9 - THE PUBLIC SERVICE
section: 113
title: Power of Commissions in relation to pensions, etc.
content:
113. —(1) Where under any written law any person or authority has a discretion — ( a ) to decide whether or not any award shall be made; or ( b ) to withhold, reduce in amount or suspend any such award that has been made, that award shall be made and may not be withheld, reduced in amount or suspended unless the relevant Commission concurs in the refusal to grant the award or, as the case may be, in the decision to withhold, reduce in amount or suspend it. [Act 32 of 2021 wef 14/01/2022] (2) Where the amount of any award that may be made to any person is not fixed by law, the amount of the award to be made to him shall be the greatest amount for which he is eligible unless the relevant Commission concurs in the making of an award of a smaller amount. [Act 32 of 2021 wef 14/01/2022] (3) [ Deleted by Act 32 of 2021 wef 14/01/2022 ]


document_id: cons-1963
provision_ref: s114
chapter: PART 9 - THE PUBLIC SERVICE
section: 114
title: Pensions, etc., to be charged on Pension Fund or Consolidated Fund
content:
114. —(1) Subject to clause (2) and Articles 35(11A), 98(7), 108(2A) and 148F(10B), awards granted in respect of the public service shall be charged on and paid out of, in the first instance, the Pension Fund established by the Pension Fund Act 1995 and, if that Fund is deficient, the Consolidated Fund. [39/2014] [Act 32 of 2021 wef 14/01/2022] (2) Notwithstanding clause (1), the Legislature may by law provide that any award granted in respect of public service may be paid out of another Government Fund in lieu of the Pension Fund and the Consolidated Fund. [32/2001] [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s115
chapter: PART 9 - THE PUBLIC SERVICE
section: 115
title: Pension rights on transfer
content:
115. —(1) Notwithstanding any provision of this Constitution relating to the circumstances in which a public officer may vacate his office, any public officer may, with the consent of the Government (which consent shall not be unreasonably withheld), relinquish his office for the purpose of transfer to some other public office or to an office in any other public service, and if he so relinquishes his office, his claim to any award shall not thereby be prejudiced. [Act 32 of 2021 wef 14/01/2022] (2) For the purposes of this Article, “other public service” has the meaning given to it by the Pensions Act 1956 as in force immediately before 15 September 1963.


document_id: cons-1963
provision_ref: s116
chapter: PART 9 - THE PUBLIC SERVICE
section: 116
title: Regulations regarding public service
content:
116. —(1) Subject to the provisions of any written law for the time being in force in Singapore, the President may make regulations for all or any of the following matters: ( a ) the division of public offices into Divisions and Services; ( b ) the prescribing of Schemes regulating the recruitment, service and promotion of members of such Services; and ( c ) the conduct and discipline of the public service. (2) The Public Service Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose, and may, in connection with the discharge of its functions, confer powers and impose duties on any person or any authority of the Government. (3) The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions under Article 110(1) to any member of the Commission, to any public officer or other person, or to any board consisting of public officers and other persons appointed by it or to any person who is a member of a panel appointed by the Commission for the purposes of representing the public in any disciplinary proceedings in respect of any grade of the public service and that member, officer, board or person shall exercise those functions under the direction and control of the Public Service Commission. 117. [ Omitted (as the Article has had its effect). ]


document_id: cons-1963
provision_ref: s118
chapter: PART 9 - THE PUBLIC SERVICE
section: 118
title: Performance by Public Service Commission of other functions
content:
118. Parliament may by law provide for the exercise of other functions by the Public Service Commission.


document_id: cons-1963
provision_ref: s119
chapter: PART 9 - THE PUBLIC SERVICE
section: 119
title: Annual reports
content:
119. A Commission must make an annual report on its activities to the President and a copy of every annual report must be presented to Parliament. [Act 32 of 2021 wef 14/01/2022]


document_id: cons-1963
provision_ref: s120
chapter: PART 10 - CITIZENSHIP
section: 120
title: Status of citizen of Singapore
content:
120. —(1) There shall be a status known as citizen of Singapore. (2) The status of a citizen of Singapore may be acquired — ( a ) by birth; ( b ) by descent; ( c ) by registration or, before the commencement of this Constitution, by enrolment; or ( d ) by naturalisation.


document_id: cons-1963
provision_ref: s121
chapter: PART 10 - CITIZENSHIP
section: 121
title: Citizenship by birth
content:
121. —(1) Subject to this Article, every person born in Singapore after 16 September 1963 shall be a citizen of Singapore by birth. (2) A person shall not be a citizen of Singapore by virtue of clause (1) if at the time of his birth — ( a ) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President; ( b ) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or ( c ) neither of his parents was a citizen of Singapore. (3) Notwithstanding clause (2)( c ), the Government may, where it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore.


document_id: cons-1963
provision_ref: s122
chapter: PART 10 - CITIZENSHIP
section: 122
title: Citizenship by descent
content:
122. —(1) Subject to clauses (2) and (3), a person born outside Singapore after 16 September 1963 shall be a citizen of Singapore by descent if, at the time of his birth — ( a ) where the person is born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore, by birth or registration; and ( b ) where the person is born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore, by birth, registration or descent. [12/2004] (2) A person born outside Singapore shall not be a citizen of Singapore by descent by virtue of clause (1) unless — ( a ) his birth is registered in the prescribed manner at the Registry of Citizens or at a diplomatic or consular mission of Singapore within one year, or such longer period as the Government permits, after its occurrence; and ( b ) he would not acquire the citizenship of the country in which he was born by reason of his birth in that country where — (i) in the case of a person born before the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, his father is a citizen of Singapore by registration at the time of his birth; or (ii) in the case of a person born on or after the date of commencement of section 7 of the Constitution of the Republic of Singapore (Amendment) Act 2004, either his father or mother is a citizen of Singapore by registration at the time of his birth. [12/2004] (3) Without prejudice to clause (2), a person born outside Singapore of a father or mother who is a citizen by descent at the time of his birth shall not be a citizen of Singapore by descent by virtue of clause (1) unless the parent who is the citizen by descent has lawfully resided in Singapore — ( a ) for a period of, or for periods amounting in the aggregate to, not less than 5 years before that person’s birth; or ( b ) for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that person’s birth. [12/2004] (4) A person who, being a minor, becomes a citizen of Singapore by descent shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule and where the Government so requires divests himself of any foreign citizenship or nationality. [12/2004]


document_id: cons-1963
provision_ref: s123
chapter: PART 10 - CITIZENSHIP
section: 123
title: Citizenship by registration
content:
123. —(1) Subject to the provisions of this Constitution, any person resident in Singapore of or over the age of 21 years may, on application being made therefor in the prescribed form, be registered as a citizen of Singapore if he satisfies the Government that he — ( a ) is of good character; ( b ) has resided in Singapore throughout the 12 months immediately preceding the date of his application; ( c ) has during the 12 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 10 years: Provided that the Government may exempt any applicant from compliance with this paragraph — (i) where such applicant has during the 6 years immediately preceding the date of his application resided in Singapore for periods amounting in the aggregate to not less than 5 years; or (ii) where in any special case the Government considers fit to confer citizenship upon such applicant; ( d ) intends to reside permanently in Singapore; and ( e ) has an elementary knowledge of one of the following languages, namely, Malay, English, Mandarin and Tamil: Provided that the Government may exempt an applicant who has attained the age of 45 years or who is deaf or dumb from compliance with this paragraph. (2) Subject to the provisions of this Constitution, any woman who is married to a citizen of Singapore may, on making application therefor in the prescribed manner, be registered as a citizen of Singapore if she satisfies the Government — ( a ) that she has resided continuously in Singapore for a period of not less than 2 years immediately preceding the date of the application; ( b ) that she intends to reside permanently in Singapore; and ( c ) that she is of good character.


document_id: cons-1963
provision_ref: s124
chapter: PART 10 - CITIZENSHIP
section: 124
title: Registration of minors
content:
124. —(1) The Government may if satisfied that a child under the age of 21 years — ( a ) is the child of a citizen of Singapore; and ( b ) is residing in Singapore, cause such child to be registered as a citizen of Singapore on application being made therefor in the prescribed manner by the parent or guardian of such child. (2) The Government may, in such special circumstances as it thinks fit, cause any child under the age of 21 years to be registered as a citizen of Singapore.


document_id: cons-1963
provision_ref: s125
chapter: PART 10 - CITIZENSHIP
section: 125
title: Effect of registration
content:
125. Subject to Article 126, a person registered as a citizen of Singapore under Article 123 or 124 shall be a citizen of Singapore from the date on which he is so registered.


document_id: cons-1963
provision_ref: s126
chapter: PART 10 - CITIZENSHIP
section: 126
title: General provisions as to registration
content:
126. —(1) No person shall be registered as a citizen of Singapore under Article 123 until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule. (2) Except with the approval of the Government, no person who has renounced or has been deprived of citizenship of Singapore under this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) shall be registered as a citizen of Singapore under the provisions of this Constitution. (3) Any person who becomes a citizen of Singapore by registration under section 13 of the Singapore Citizenship Ordinance 1957 or Article 124 shall cease to be a citizen of Singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.


document_id: cons-1963
provision_ref: s127
chapter: PART 10 - CITIZENSHIP
section: 127
title: Citizenship by naturalisation
content:
127. —(1) Subject to clause (4), the Government may, upon application made by any person of or over the age of 21 years who is not a citizen of Singapore, grant a certificate of naturalisation to that person if the Government is satisfied — ( a ) that he has resided in Singapore for the required periods and intends, if the certificate is granted, to do so permanently; ( b ) that he is of good character; and ( c ) that he has an adequate knowledge of the national language. (2) The periods of residence in Singapore or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than 10 years in the 12 years immediately preceding the date of the application for the certificate and which include the 12 months immediately preceding that date. (3) A person to whom a certificate of naturalisation is granted shall be a citizen of Singapore by naturalisation from the date on which the certificate is granted. (4) No certificate of naturalisation shall be granted to any person until he has taken the Oath of Renunciation, Allegiance and Loyalty in the form set out in the Second Schedule.


document_id: cons-1963
provision_ref: s128
chapter: PART 10 - CITIZENSHIP
section: 128
title: Renunciation of citizenship
content:
128. —(1) Any citizen of Singapore of or over the age of 21 years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of Singapore by declaration registered by the Government, and shall upon such registration cease to be a citizen of Singapore. (2) The Government may withhold the registration of a declaration under this Article — ( a ) if the declaration is made during any war in which Singapore is engaged; or ( b ) if the declaration is made by a person subject to the Enlistment Act 1970 unless he has — (i) discharged his liability for full‑time service under section 12 of that Act; (ii) rendered at least 3 years of operationally ready national service under section 13 of that Act in lieu of such full‑time service; or (iii) complied with such conditions as may be determined by the Government. (3) This Article applies to a woman under the age of 21 years who has been married as it applies to a person of or over that age.


document_id: cons-1963
provision_ref: s129
chapter: PART 10 - CITIZENSHIP
section: 129
title: Deprivation of citizenship
content:
129. —(1) A citizen of Singapore who is a citizen by registration or by naturalisation shall cease to be such a citizen if he is deprived of his citizenship by an order of the Government made in accordance with this Article. (2) The Government may, by order, deprive any such citizen of his citizenship if the Government is satisfied that the registration or the certificate of naturalisation — ( a ) was obtained by means of fraud, false representation or the concealment of any material fact; or ( b ) was effected or granted by mistake. (3) The Government may, by order, deprive of his citizenship — ( a ) any person who is a citizen of Singapore by naturalisation if the Government is satisfied — (i) that he has shown himself by act or speech to be disloyal or disaffected towards Singapore; or (ii) that he has, during any war in which Singapore is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or ( b ) any citizen of Singapore by registration or by naturalisation if the Government is satisfied — (i) that he has, within the period of 5 years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than one year or to a fine of not less than $5,000 or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced; or (ii) that he has, at any time after registration or naturalisation, been engaged in any activities which are prejudicial to the security of Singapore, or the maintenance of public order therein, or the maintenance therein of essential services, or in any criminal activities which are prejudicial to the interests of public safety, peace or good order. (4) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that, without the Government’s approval, he has accepted, served in or performed the duties of any office, post or employment under the government of any foreign country or any political subdivision thereof, or under any agency of such a government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment: Provided that a person shall not be deprived of his citizenship under this clause by reason of anything done before the commencement of this Constitution notwithstanding that he was at the time a citizen of Singapore. (5) The Government may, by order, deprive of his citizenship any person who is a citizen of Singapore by naturalisation if the Government is satisfied that he has been ordinarily resident in foreign countries for a continuous period of 5 years and during that period has neither — ( a ) been at any time in the service of Singapore or of an international organisation of which the Government was a member; nor ( b ) registered annually at a consulate of Singapore his intention to retain his citizenship. (6) The Government may, by order, deprive of her citizenship any woman who is a citizen of Singapore by registration under Article 123(2) if the Government is satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of 2 years beginning with the date of the marriage. (7) No person shall be deprived of his citizenship under this Article or under Article 130 unless the Government is satisfied that it is not conducive to the public good that that person should continue to be a citizen of Singapore; and no person shall be deprived of his citizenship under clause (2)( b ) or clause (3)( a ) or ( b )(i) or under clause (4) or (5) or under Article 130 if the Government is satisfied that as a result of the deprivation he would not be a citizen of any country.


document_id: cons-1963
provision_ref: s130
chapter: PART 10 - CITIZENSHIP
section: 130
title: Deprivation of citizenship of child of person losing citizenship
content:
130. Where a person has — ( a ) renounced his citizenship; or ( b ) been deprived of his citizenship under Article 129(2)( a ) or 134(1)( a ), the Government may, by order, deprive of his citizenship any child of that person under the age of 21 years who has been registered as a citizen of Singapore pursuant to this Constitution and was so registered as being the child of that person or of that person’s wife or husband.


document_id: cons-1963
provision_ref: s131
chapter: PART 10 - CITIZENSHIP
section: 131
title: General provisions as to loss of citizenship
content:
131. Renunciation or deprivation of citizenship of Singapore shall not discharge a person from liability in respect of anything done or omitted to be done before he ceased to be a citizen of Singapore.


document_id: cons-1963
provision_ref: s132
chapter: PART 10 - CITIZENSHIP
section: 132
title: Cancellation of enrolment as citizen
content:
132. —(1) Where a person has been enrolled as a citizen of Singapore before the commencement of this Constitution and the Government is satisfied that the enrolment — ( a ) was obtained by means of fraud, false representation or the concealment of any material fact; or ( b ) was effected by mistake, the Government may, by order, cancel the enrolment. (2) Where under this Article a person’s enrolment as a citizen of Singapore is cancelled, that shall not discharge him from liability in respect of anything done or omitted to be done before the cancellation.


document_id: cons-1963
provision_ref: s133
chapter: PART 10 - CITIZENSHIP
section: 133
title: Procedure for deprivation
content:
133. —(1) Before making an order under Article 129, 132, 134 or 135, the Government shall give the person, against whom the order is proposed to be made, notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article. (2) If any person to whom such notice is given applies within such time as may be prescribed to have the case referred to a committee of inquiry, the Government shall, and in any other case may, refer the case to a committee of inquiry consisting of a Chairman, who shall be a person qualified to be appointed as a Supreme Court Judge, and 2 other members chosen from a panel to be appointed by the Government in that behalf. [38/2019] (3) The committee of inquiry shall, on such reference, hold an inquiry in such manner as may be prescribed and submit a report to the Government and the Government shall have regard to such report in making the order.


document_id: cons-1963
provision_ref: s134
chapter: PART 10 - CITIZENSHIP
section: 134
title: Deprivation of citizenship on acquisition of foreign citizenship
content:
134. —(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that — ( a ) he has, while of or over the age of 18 years, at any time after 6 April 1960 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside Singapore or having so acquired such citizenship before the age of 18 years continues to retain it after that age; or ( b ) the citizen, being a woman who is a citizen of Singapore by registration under Article 123(2), has acquired the citizenship of any country outside Singapore by virtue of her marriage to a person who is not a citizen of Singapore. (2) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order.


document_id: cons-1963
provision_ref: s135
chapter: PART 10 - CITIZENSHIP
section: 135
title: Deprivation of citizenship on exercise of rights of foreign nationals, etc.
content:
135. —(1) The Government may, by order, deprive a citizen of Singapore of his citizenship if the Government is satisfied that — ( a ) he has, while of or over the age of 18 years, at any time after 6 April 1960 voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him under the law of any country outside Singapore being rights accorded exclusively to the citizens or nationals of that country; ( b ) he has, while of or over the age of 18 years, at any time after 6 April 1960 applied to the authorities of a place outside Singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document; or ( c ) he is of or over the age of 18 years and has, whether before or after attaining the age of 18 years, been ordinarily resident outside Singapore for a continuous period of 10 years (including any period of residence outside Singapore before 2 January 1986) and has not at any time — (i) during that period or thereafter entered Singapore by virtue of a certificate of status or travel document issued by the competent authorities of Singapore; or (ii) during that period been in the service of the Government or of an international organisation of which Singapore is a member or of such other body or organisation as the President may, by notification in the Gazette , designate. (2) For the purposes of clause (1)( a ), the exercise of a vote in any political election in a place outside Singapore shall be deemed to be the voluntary claim and exercise of a right available under the law of that place. (3) Where the Government has made an order under this Article depriving a citizen of Singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order.


document_id: cons-1963
provision_ref: s136
chapter: PART 10 - CITIZENSHIP
section: 136
title: Termination of citizenship of Malaysia
content:
136. Where a person who was a citizen of Singapore had renounced his citizenship of Malaysia or been deprived of his citizenship of Malaysia by the government of Malaysia before the commencement of this Constitution, such person shall be deemed to have renounced or been deprived of his citizenship of Singapore under this Constitution and to have ceased to be a citizen of Singapore.


document_id: cons-1963
provision_ref: s137
chapter: PART 10 - CITIZENSHIP
section: 137
title: Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship
content:
137. —(1) Where a person has been deprived of his citizenship or his enrolment as a citizen has been cancelled under the provisions of this Part, the Government may, by order, deprive of his citizenship or, as the case may be, cancel the enrolment of any child of that person under the age of 21 years who has been registered or enrolled as a citizen under the provisions of this Constitution or the Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) and was so registered or enrolled as being the child of that person or of that person’s wife or husband. (2) No person shall be deprived of his citizenship under clause (1) unless the Government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of his citizenship under clause (1) if the Government is satisfied that as a result of such deprivation he would not be a citizen of any country.


document_id: cons-1963
provision_ref: s138
chapter: PART 10 - CITIZENSHIP
section: 138
title: Grant of certificate of citizenship in cases of doubt
content:
138. Upon application made in that behalf in the prescribed manner, the Government may grant in the form prescribed a certificate of citizenship to a person with respect to whose citizenship a doubt exists, whether of fact or of law: Provided that where the Government is satisfied that such a certificate was obtained in circumstances set out in Article 132(1)( a ) or ( b ), the Government may, by order, cancel such certificate.


document_id: cons-1963
provision_ref: s139
chapter: PART 10 - CITIZENSHIP
section: 139
title: Commonwealth citizenship
content:
139. —(1) In accordance with the position of Singapore within the Commonwealth, every person who is a citizen of Singapore enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries. (2) Any existing law shall, except so far as Parliament otherwise provides, apply in relation to a citizen of the Republic of Ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.


document_id: cons-1963
provision_ref: s140
chapter: PART 10 - CITIZENSHIP
section: 140
title: Application of Third Schedule
content:
140. Until the Legislature otherwise provides by law, the supplementary provisions contained in the Third Schedule shall have effect for the purposes of this Part.


document_id: cons-1963
provision_ref: s141
chapter: PART 10 - CITIZENSHIP
section: 141
title: Repeal
content:
141. —(1) The Singapore Citizenship Ordinance 1957 (Ord. 35 of 1957) is hereby repealed. (2) Any person who immediately before 16 September 1963 was, by virtue of the Singapore Citizenship Ordinance 1957, a citizen of Singapore by birth, descent, registration or naturalisation, shall as from that date continue, subject to the provisions of this Constitution, to possess that status. (3) Where a person would have been a citizen of Singapore by descent immediately before 16 September 1963 if his birth had been registered under the provisions of the Singapore Citizenship Ordinance 1957, he shall become a citizen of Singapore by descent if his birth is registered at a consulate of Singapore or with the Government in the prescribed manner within one year of its occurrence or, with the permission of the Government, later. (4) Notwithstanding the repeal of the Singapore Citizenship Ordinance 1957, where a person who has become a citizen of Singapore was liable in respect of things done before 16 September 1963 to be deprived of that status under the Ordinance, then the Government may, by order, deprive him of his citizenship, if proceedings for that purpose are begun during the period of 2 years after that date. (5) Where a person is liable to be deprived of citizenship under clause (4) and proceedings had before 16 September 1963 been begun to deprive him of citizenship of Singapore under the provisions of the Singapore Citizenship Ordinance 1957, those proceedings shall be treated as proceedings to deprive him of citizenship under that clause and shall be continued as such in accordance with the provisions of the Singapore Citizenship Ordinance 1957 in force immediately before that date.


document_id: cons-1963
provision_ref: s142
chapter: PART 11 - FINANCIAL PROVISIONS
section: 142
title: Interpretation of this Part
content:
142. —(1) In this Part, unless the context otherwise requires — “Development Fund” means the Development Fund established by the Development Fund Act 1959; “financial year” means a period of 12 months ending on 31 March in any year. [2/2001] (1A) Notwithstanding clauses (1C) and (2), where — ( a ) before the start of any financial year, the President, acting in his discretion, concurs with the advice of the Minister responsible for finance on the long-term real rates of return which are expected to be earned on the respective components of the relevant assets (referred to in this Article as the expected long-term real rates of return); and ( b ) the Minister responsible for finance thereafter certifies under his hand to the President the spending limit for that financial year, specifying an amount which shall not be more than 50% of the total of all amounts ascertained by applying the expected long-term real rates of return so agreed under paragraph ( a ) for that financial year on the respective components of the relevant assets, any reference in this Part to the reserves not accumulated by the Government during its current term of office shall exclude those reserves equal to the amount so certified. [27/2008] (1B) Any provisional certificate on the spending limit for a financial year issued by the Minister responsible for finance under clause (1A)( b ) at any time during the financial year shall have the same effect as if it is a final certificate on the spending limit for the financial year until it is superseded by the issue of the final certificate on the spending limit for that same financial year. [27/2008] (1C) In addition to clause (2), the net investment income and realised capital gains that are — ( a ) directly attributable to the relevant assets; and ( b ) received by the Government during a financial year in any current term of office of the Government, shall for the purposes of this Part accrete and be deemed to form part of the past reserves of the Government with effect from the date of the receipt thereof. [27/2008] (2) For the purposes of this Part, where any net investment income is received during a financial year in any current term of office of the Government — ( a ) such amount of the net investment income of the financial year that is derived from the past reserves of the Government as is certified under clause (3); or ( b ) if no certificate under clause (3) is made, 50% of the net investment income of the financial year that is derived from the past reserves of the Government not comprised in the relevant assets, shall accrete and be deemed to form part of the past reserves of the Government with effect from the date of the certificate relating to that financial year made under clause (3) or, if no such certificate is made or earlier made, from the date the accounts and statements referred to in Article 147(5) for that financial year are presented to the President. [2/2001; 27/2008] (3) The Minister responsible for finance shall, as soon as practicable after the end of every financial year, certify to the President in a certificate relating to that financial year, the amount (not being less than 50%) of the net investment income of that financial year derived from the past reserves of the Government not comprised in the relevant assets which is to accrete and be deemed to form part of the past reserves of the Government; and such certificate shall be final and conclusive evidence of the amount. [2/2001; 27/2008; 20/2015] (4) In this Article — “net investment income”, in relation to a financial year, means the balance of — ( a ) the dividends, interest and other income received by the Government during the financial year from investing the reserves of the Government; and ( b ) the interest received by the Government during the financial year from loans (whenever given) by the Government, after deducting all expenses arising from or incidental to investing and managing those reserves (other than costs of purchasing or disposing of or converting investments) and any interest, sinking fund charges and borrowing charges; “net investment income of a financial year that is derived from the past reserves” means the share of the net investment income of the financial year that is attributable to the past reserves; “past reserves of the Government” means the reserves not accumulated by the Government during its current term of office, including accretions thereto deemed under clauses (1C) and (2) to be part thereof, but less such amount that is certified under clause (1A)( b ) or such amount adjusted pro-rata based on the period a financial year falls partially within any current term of office of the Government; “real rate of return” means an annual percentage of return on investment of relevant assets of the Government adjusted for changes in prices due to inflation or deflation and after deducting all expenses arising from or incidental to investing and managing the relevant assets; “realised capital gains”, in relation to any relevant assets, means all proceeds realised from the disposition of the relevant assets less all costs and expenses arising from or incidental to the disposition, purchase or conversion of the relevant assets, and includes any realised capital losses; “relevant assets” means all of the following: ( a ) the total net assets managed by GIC Private Limited and all its wholly‑owned subsidiaries (including those with registered offices outside Singapore) as fund managers for the Government, for any company wholly‑owned by the Government and for all the wholly‑owned subsidiaries of such a Government company; ( b ) such moneys of the Government as the Monetary Authority of Singapore receives from the Government as banker to the Government; ( c ) the excess of the assets of the Monetary Authority of Singapore over its liabilities, being assets and liabilities not directly attributable to the Government, and being not already comprised in paragraph ( b ); ( d ) from 1 April 2016, the excess of the assets of Temasek Holdings (Private) Limited over its liabilities, less the following liabilities: (i) the total liabilities of the Government that is attributable to its borrowings under the Government Securities (Debt Market and Investment) Act 1992; and [Act 32 of 2021 wef 31/01/2022] (ii) the total liabilities of the Government that is represented by any Government Fund (other than a Government Fund required by written law to be held, managed and administered separately from other Government funds) established by a public Act for special purposes and not already comprised in paragraph (i). [2/2001; 27/2008; 39/2014; 20/2015]


document_id: cons-1963
provision_ref: s143
chapter: PART 11 - FINANCIAL PROVISIONS
section: 143
title: No taxation unless authorised by law
content:
143. No tax or rate shall be levied by, or for the purposes of, Singapore except by or under the authority of law.


document_id: cons-1963
provision_ref: s144
chapter: PART 11 - FINANCIAL PROVISIONS
section: 144
title: Restriction on loans, guarantees, etc.
content:
144. —(1) No guarantee or loan shall be given or raised by the Government — ( a ) except under the authority of any resolution of Parliament with which the President, acting in his discretion, concurs; ( b ) under the authority of any law to which this paragraph applies unless the President, acting in his discretion, concurs with the giving or raising of such guarantee or loan; or ( c ) except under the authority of any other written law. [28/2016] (2) The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament 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. (3) Clause (1)( b ) shall apply to the following laws: ( a ) the Asian Development Bank Act 1966; ( b ) the Bretton Woods Agreements Act 1966; ( c ) [ Deleted by Act 27 of 2008 ] ( d ) [ Deleted by Act 32 of 2021 wef 31/01/2022 ] ( e ) the Financial Procedure Act 1966; ( f ) the International Development Association Act 2002; ( g ) the International Finance Corporation Act 1968; ( h ) the Jurong Town Corporation Act 1968; ( i ) the Loans (International Banks) Act 1958. [12/2004; 27/2008]


document_id: cons-1963
provision_ref: s145
chapter: PART 11 - FINANCIAL PROVISIONS
section: 145
title: Consolidated Fund
content:
145. There shall be in and for Singapore a Consolidated Fund into which, subject to the provisions of any law for the time being in force in Singapore, shall be paid all revenues of Singapore not allocated to specific purposes by any written law.


document_id: cons-1963
provision_ref: s146
chapter: PART 11 - FINANCIAL PROVISIONS
section: 146
title: Withdrawal from Consolidated Fund, etc.
content:
146. —(1) No moneys shall be withdrawn from the Consolidated Fund unless they are — ( a ) charged on the Consolidated Fund; ( b ) authorised to be issued by a Supply law, Supplementary Supply law or Final Supply law; ( c ) authorised to be issued by a resolution passed by Parliament under Article 148B with which the President concurs; or ( d ) authorised to be issued by the Minister responsible for finance under Article 148B(4). (2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by law. (3) Clause (1) shall not apply to any such sums as are mentioned in Article 147(2)( b )(i), (ii) or (iii). (4) No moneys in the Development Fund shall be withdrawn — ( a ) except for any one or more purposes specified in any written law, being purposes necessary or related to the development of Singapore; and ( b ) unless authorised to be issued by a Supply law, Supplementary Supply law or Final Supply law or by the Minister responsible for finance under Article 148B(4).


document_id: cons-1963
provision_ref: s147
chapter: PART 11 - FINANCIAL PROVISIONS
section: 147
title: Annual estimates and financial statements
content:
147. —(1) The Minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure of Singapore during the succeeding financial year which, when approved by the Cabinet, shall be presented to Parliament. (2) The estimates of expenditure shall show separately — ( a ) the total sums required to meet expenditure charged on the Consolidated Fund; ( b ) the sums respectively required to meet the heads of other expenditure for the public services proposed to be met from the Consolidated Fund, except the following sums: (i) sums representing the proceeds of any loan raised by the Government for specific purposes and appropriated for those purposes by the law authorising the raising of the loan; (ii) sums representing any money or interest on money received by the Government subject to a trust and to be applied in accordance with the terms of the trust; and (iii) sums representing any money held by the Government which has been received or appropriated for the purpose of any trust fund established by or in accordance with any written law; and ( c ) the sums respectively required to meet the heads of expenditure proposed to be met from the Development Fund. (3) The estimates of revenue to be shown in the estimates shall not include any sums received by way of zakat, fitrah and baitulmal or similar Muslim revenue. (4) The Minister responsible for finance shall also present to Parliament together with the estimates of revenue and expenditure — ( a ) a statement whether the annual estimates of revenue and expenditure is likely to draw on the reserves which were not accumulated by the Government during its current term of office; and ( b ) an audited statement showing as far as practicable the assets and liabilities of Singapore at the end of the last completed financial year. (5) The Minister responsible for finance shall, as soon as practicable after the end of every financial year, prepare in respect of that year — ( a ) in relation to accounts maintained in respect of the Consolidated Fund, a full and particular account showing the amounts actually received and spent in that year, and a full and particular statement showing receipts and expenditure of any loan moneys; ( b ) a statement of receipts and expenditure of moneys accounted in the Development Fund Account; ( c ) a statement of receipts and expenditure of moneys accounted in any Government fund created by any law; ( d ) so far as is practicable, a statement of the assets and liabilities of Singapore at the end of the financial year; ( e ) so far as is practicable, a statement of outstanding guarantees and other financial liabilities of Singapore at the end of the financial year; and ( f ) such other statements as the Minister may think fit, and, after the accounts and statements referred to in this clause have been audited, present to the President those audited accounts and statements together with another statement stating whether the audited accounts and statements referred to in this clause show any drawing on or likelihood of drawing on the reserves of the Government which were not accumulated by the Government during its current term of office.


document_id: cons-1963
provision_ref: s148
chapter: PART 11 - FINANCIAL PROVISIONS
section: 148
title: Authorisation of expenditure from Consolidated Fund and Development Fund
content:
148. —(1) The heads of expenditure to be met from the Consolidated Fund and Development Fund (other than statutory expenditure and expenditure to be met by such sums as are mentioned in Article 147(2)( b )(i), (ii) or (iii)) shall be included in a Bill to be known as a Supply Bill, providing for the issue from the Consolidated Fund and Development Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. (2) Wherever — ( a ) any moneys are expended or are likely to be expended in any financial year upon any service or purpose which are in excess of the sum provided for that service or purpose by the Supply law relating to that year; or ( b ) any moneys are expended or are likely to be expended (otherwise than by way of statutory expenditure) in any financial year upon any new service or purpose not provided for by the Supply law relating to that year, supplementary estimates (or, as the case may be, statements of excess) shall be prepared by the Minister responsible for finance and, when approved by the Cabinet, shall be presented to and voted on by Parliament; in respect of all supplementary expenditure so voted, the Minister responsible for finance may, at any time before the end of the financial year, introduce into Parliament a Supplementary Supply Bill containing, under appropriate heads, the estimated sums so voted and shall, as soon as possible after the end of each financial year, introduce into Parliament a Final Supply Bill containing any such sums which have not yet been included in any Supply Bill. (2A) The Minister responsible for finance shall, in presenting to Parliament any supplementary estimates or statement of excess under clause (2), also present a statement stating whether the supplementary estimates or statement of excess, as the case may be, is likely to draw on the reserves which were not accumulated by the Government during its current term of office. (3) The part of any estimates of expenditure presented to Parliament which shows statutory expenditure shall not be voted on by Parliament, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund. (4) For the purposes of this Article, “statutory expenditure” means expenditure charged on the Consolidated Fund or on the general revenues and assets of Singapore by virtue of Articles 18, 22J(3), 35(10), 41, 42(3), 108(1), 114, 148E and 148F(4) or by virtue of the provisions of any other law for the time being in force in Singapore.


document_id: cons-1963
provision_ref: s148A
chapter: PART 11 - FINANCIAL PROVISIONS
section: 148A
title: Withholding of assent to Supply Bill, etc.
content:
148A. —(1) The President may, acting in his discretion, withhold his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill for any financial year if, in his 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, except that if the President assents to any such Bill notwithstanding his opinion that the estimates, supplementary estimates or statement of excess are likely to lead to a drawing on those reserves, the President shall state his opinion in writing addressed to the Speaker and shall cause his opinion to be published in the Gazette . (2) If the President withholds his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill relating to any financial year and no resolution to overrule the President is passed by Parliament under Article 37IF within 30 days of such withholding of assent, Parliament may by resolution authorise expenditure or supplementary expenditure, as the case may be, (not otherwise authorised by law) from the Consolidated Fund and Development Fund during that financial year: Provided that — ( a ) where the President withholds his assent to a Supply Bill, the expenditure so authorised for any service or purpose for that financial year (which shall include any amount authorised under Article 148B(4)) shall not exceed the total amount appropriated for that service or purpose in the preceding financial year; or ( b ) where the President withholds his assent to a Supplementary Supply Bill or Final Supply Bill, the expenditure so authorised for any service or purpose shall not exceed the amount necessary to replace an amount advanced from any Contingencies Fund under Article 148C(1) for that service or purpose. [28/2016] (3) For the purposes of paragraph ( a ) of the proviso to clause (2), the total amount appropriated for any service or purpose in any financial year shall be ascertained by adding the sums appropriated for such service or purpose by the Supply law, Supplementary Supply law and Final Supply law (if any) for that financial year. (3A) Upon the passing of a resolution under clause (2), the Minister responsible for finance shall introduce in Parliament a Supply Bill, Supplementary Supply Bill or Final Supply Bill, as the case may be, containing, under appropriate heads, the sums so voted on by Parliament. (4) In forming his opinion under clause (1) in relation to any Supplementary Supply Bill or Final Supply Bill, the President shall not have regard to any amount for any service or purpose included in the Supplementary Supply Bill or Final Supply Bill which is to replace any amount advanced from any Contingencies Fund under Article 148C(1).


document_id: cons-1963
provision_ref: s148B
chapter: PART 11 - FINANCIAL PROVISIONS
section: 148B
title: Power to authorise expenditure on account, etc., or for unspecified purposes
content:
148B. —(1) Subject to clause (3), Parliament may, by resolution approving estimates containing a vote on account, authorise expenditure for part of any year before the passing of the Supply law for that year, but the aggregate sums so voted shall be included under the appropriate heads, in the Supply law for that year. (2) Subject to clause (3), Parliament may, by resolution approving a vote of credit, authorise expenditure for the whole or part of the year, otherwise than in accordance with Articles 147 and 148, if, owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency, it appears to Parliament desirable to do so. (3) No resolution of Parliament made under clause (1) or (2) shall have effect unless the President, acting in his discretion, concurs therewith. (4) If no Supply Bill has become law by the first day of the financial year to which it relates (whether by reason of the President withholding his assent thereto or otherwise), the Minister responsible for finance may, with the prior approval of the Cabinet, authorise such expenditure (not otherwise authorised by law) from the Consolidated Fund, Development Fund or other Government fund as he may consider essential for the continuance of the public services or any purpose of development shown in the estimates until there is a supply law for that financial year: Provided that the expenditure so authorised for any service or purpose shall not exceed one-quarter of the amount voted for that service or purpose in the Supply law for the preceding financial year.


document_id: cons-1963
provision_ref: s148C
chapter: PART 11 - FINANCIAL PROVISIONS
section: 148C
title: Contingencies Funds
content:
148C. —(1) The Legislature may by law create a Contingencies Fund each for the Consolidated Fund and for the Development Fund and authorise the Minister responsible for finance to make advances from the appropriate Contingencies Fund if — ( a ) he is satisfied that there is an urgent and unforeseen need for expenditure for which no provision or no sufficient provision has been made by a Supply law; and ( b ) the President, acting in his discretion, concurs with the making of such advances. (2) Where any advance is made by virtue of the authority conferred under clause (1), a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be presented to and voted on by Parliament and the sum shall be included in a Supplementary Supply Bill or Final Supply Bill. (3) If the Minister responsible for finance intends to make any advance from a Contingencies Fund, he shall present to the President a statement stating whether the proposed advance, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office. (4) The President may, acting in his discretion, refuse to concur with the making of an advance from a Contingencies Fund which in his opinion, if replaced, is likely to draw on the reserves which were not accumulated by the Government during its current term of office. (5) The Minister responsible for finance may withdraw any sum from — ( a ) a Contingencies Fund for the Consolidated Fund with a view to transferring the sum to the Consolidated Fund; or ( b ) a Contingencies Fund for the Development Fund with a view to transferring the sum to the Development Fund, being a sum in the Contingencies Fund concerned which the Minister, after proper inquiry, is satisfied to be in excess of what is likely necessary to meet an urgent and unforeseen need for expenditure from that Contingencies Fund. [Act 13 of 2023 wef 24/04/2023] (6) The Minister responsible for finance must present to Parliament a report of every transfer under clause (5) as soon as practicable after the transfer is made. [Act 13 of 2023 wef 24/04/2023] 148D. [ Repealed by Act 28 of 2016 ]


document_id: cons-1963
provision_ref: s148E
chapter: PART 11 - FINANCIAL PROVISIONS
section: 148E
title: Debt charges and moneys required to satisfy judgments
content:
148E. —(1) The following are hereby charged on the Consolidated Fund: ( a ) all debt charges for which the Government is liable; and ( b ) any moneys required to satisfy any judgment, decision or award against the Government by any court or tribunal. (2) For the purposes of this Article, “debt charges” includes interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.


document_id: cons-1963
provision_ref: s148F
chapter: PART 11 - FINANCIAL PROVISIONS
section: 148F
title: Appointment of Auditor-General
content:
148F. —(1) There shall be an Auditor-General who shall be appointed or re-appointed, as the case may be, by the President in accordance with the advice of the Prime Minister unless the President, acting in his discretion, does not concur with that advice. [2/2001] (2) The Prime Minister shall, before tendering any advice under clause (1), consult the Chairman of the Public Service Commission. (3) It is the duty of the Auditor‑General to audit and report on the accounts of — ( a ) all departments and offices of the Government; ( b ) Parliament; ( c ) the Supreme Court and all subordinate courts; and ( d ) the Public Service Commission, the Judicial Service Commission and the Legal Service Commission. [Act 32 of 2021 wef 14/01/2022] (4) The Auditor-General shall perform such other duties and exercise such other powers in relation to the accounts of the Government and accounts of other public authorities and other bodies administering public funds as may be prescribed by or under any written law. (5) Subject to clauses (7) and (8), the Auditor-General shall hold office for a term of 6 years and shall cease to hold that office at the end of that term, but without prejudice to his eligibility for reappointment for further terms of 6 years each. [2/2001] (6) [ Deleted by Act 2 of 2001 ] (7) The Auditor-General may at any time resign his office by writing under his hand addressed to the President. (8) The Auditor-General may be removed from office by the President, if the President concurs with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Auditor‑General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice. [38/2019] (9) The tribunal constituted under clause (8) shall regulate its own procedure and may make rules for that purpose. (10) Parliament shall by resolution provide for the remuneration of the Auditor‑General and the remuneration so provided shall be charged on the Consolidated Fund. (10A) Subject to the provisions of this Constitution, the terms of service of the Auditor‑General may be prescribed in regulations made by the President and published in the Gazette , and in so far as they are not prescribed by such law, be determined by the President. [39/2014] (10B) Regulations made under clause (10A) may provide that any gratuity payable in respect of service as the Auditor‑General shall be charged on the Consolidated Fund. [39/2014] (11) The remuneration and other terms of service of the Auditor‑General shall not be altered to his disadvantage during his continuance in office.


document_id: cons-1963
provision_ref: s148G
chapter: PART 11 - FINANCIAL PROVISIONS
section: 148G
title: Duty to inform President of certain transactions
content:
148G. —(1) It shall be the duty of the Auditor‑General and the Accountant‑General to inform the President of any proposed transaction by the Government which to their knowledge is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office. (2) Where the President has been so informed under clause (1) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction. (3) Where the President does not disapprove of any proposed transaction under clause (2) even though he is of the opinion that the proposed transaction is likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, the President shall cause his decision and opinion to be published in the Gazette .


