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Chorzow Factory (1928) > Topic 3, 4, 5, 6: Singapore Legal System > Flashcards

Topic 3, 4, 5, 6: Singapore Legal System Flashcards

1
Q

Regulation No. 3 provided for the setting up of a Magistracy and for legal administration. However, this Magistracy was never really constituted by Raffles. T/F?

A

True

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2
Q

Raffles formulated the Raffles Regulations in 1823. Why were these Regulations considered to be illegal today?

A

Raffles (who was Lieutenant-Governor of Bencoolen) only had powers to place the factory under Bencoolen’s control, not the entire island. His Treaty with the Sultan and Temenggong only permitted the establishment of a trading factory. Bencoolen was subordinate to the Bengal presidency, and the power to legislate resided with Calcutta (capital of Bengal).

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3
Q

If not for the Raffles Regulations, civil and criminal actions in Singapore would have to be dealt with in Calcutta. T/F?

A

True.

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4
Q

What was the main purpose of the Second Charter of Justice in 1826?

A

It extended the jurisdiction of the Recorder’s Court at Penang to Malacca, Singapore and all future dependencies of the Straits Government.

Recorder’s Court was now a circuit court.

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5
Q

The capital of the Straits government, Penang was also known as the Prince of Wales Island. T/F?

A

True

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6
Q

The Court in civil proceedings were to “give and pass Judgement and Sentence according to Justice and Right”. How were these words interpreted by the Recorder, Sir Peter Maxwell in the landmark case of Regina v Williams?

A

An instruction to apply English common law

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7
Q

What were the significant changes when the Straits Settlements became a Crown colony from 1867 onwards?

A

Supreme Court of the Straits Settlements replaced the individual courts of judicature

Legislative Council, a fully nominated and non-elected body was established

Executive Committee was created to advise the Governor

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8
Q

What were the roles within the Legislative Council?

A 
Governor
Chief Justice
Officer commanding troops
Colonial Secretary/General
Colonial Engineer
Attorney General
Four unofficial Europeans
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9
Q

What was the very first legal system in Singapore?

A

The Raffles Regulations of 1823. Appointed Residents administered English law.

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10
Q

According to the Second Charter of Justice, in both civil and criminal proceedings, English law is applied. T/F?

A

True

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11
Q

According to the Second Charter of Justice what is the one caveat in applying English law in criminal proceedings?

A

The Second Charter stated that the court was ‘to administer criminal justice…due attention being had to the several religions, manners, and usages of the native inhabitants.”

In criminal proceedings the law can be amended to accommodate local customs. For example, some customs that would be illegal in England may not be found illegal in Singapore.

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12
Q

There were some laws passed in India that applied to Singapore in the past. T/F

A

True. From 1833 to 1867, the Governor-General in India (previously based in Bengal) in Council was the source of SG law. The British Parliament was also another source of law during this period.

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13
Q

What did the 3rd Charter of Justice of 1855 do?

A

The Court of Judicature now comprised of two divisions.

One consisted of the Recorder of Singapore and the Governor and Resident Councilor having jurisdiction over Singapore and Malacca.

The other consisted of the Recorder of Penang and the Governor or Resident Councillor of Penang and had jurisdiction over Penang and Province Wellesley.

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14
Q

In what year did the Japanese Occupation take place?

A

1942

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15
Q

Where was the law-making body that created SG laws between 1833 to 1867 located?

A

It was once in the city Bengal (Bengal Presidency), then later it was in India (Governor-General of India).

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16
Q

Who was the first Recorder of the Court of Judicature?

A

Sir John Claridge

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17
Q

Why was the Court of Judicature considered a circuit court?

A

The Recorder was based in Penang and he travelled on circuit to Malacca and Singapore to hear cases. He was assisted by the Resident Councilors and the Governor.

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18
Q

Why was English law applied in Singapore after the Second Charter of Justice?

A

The Second Charter was to ‘give and pass Judgement and Sentence according to Justice and Right’.

R v Williams interpreted the words to mean that it was English law to be applied.

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19
Q

When was the Second Charter of Justice implemented?

A

1826 / 1827

Note: From 1826 - 1833 (the year the Government of India Act was passed), the British Parliament was likely the only source of any legislation.)

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20
Q

When was the Third Charter of Justice implemented?

A

1855

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21
Q

What were the reasons for implementing the Third Charter?

A

People were unhappy because:

The Recorders did not come frequently enough to Singapore.

The judgements of the lay judges were bad.

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22
Q

What happened to law in Singapore during the Japanese Occupation.

A

The civil courts closed shortly, and they reopened. They implemented English law as long as it did not interfere with Japanese military administration.

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23
Q

If the President decided to veto a Supply Bill which drew on past reserves, what could Parliament do?

A

They could veto the veto with a 2/3 parliamentary majority

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24
Q

What are the qualifications for becoming a President?

A
  1. Singapore citizen
  2. At least 45 y/o
  3. Has been a resident no less than 10 years prior to the date of nomination for election
  4. Must not be disqualified to be a MP (cannot hold office of profit, be a bankrupt, have unsound mind, or been convicted of an offence and sentenced to imprisonment for not less than one year or to a fine not less than $2000)
  5. Satisfies the Presidential Elections Committee to be of integrity, good character and reputation
  6. Is not a member of any political party on the date of his nomination for election
  7. Has met either the private or public sector requirement
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25
Q

Singapore’s first elected President was…

A

Ong Teng Cheong

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26
Q

In most Westminister governments, the head of state is just a figurehead and acts on the advice of the PM. T/F

A

True

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27
Q

The elected President has more power than the traditional head of state. But the elected President has less power than the President in the US system.

A

True

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28
Q

In the Westminister system, the head of the Executive is the Prime Minister. T/F

A

True

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29
Q

In the US system, the head of the Executive is the President. T/F

A

True

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30
Q

What are the qualifications of an Attorney-General?

A
  1. Qualified for appointment as a Supreme Court judge
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31
Q

When appointing a new Attorney-General other than reason of the death of the previous holder or the removal of the previous holder from office, the PM will first consult the existing Attorney-General and further consult the Chief Justice and the Chairman of the Public Service Commission before tendering advice to the President. True?

A

True

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32
Q

What are the two functions of the Attorney-General?

A
  1. Advise the government on legal matters and perform other such duties of legal character
  2. Institute, conduct, or discontinue any proceedings for any offence at her/his own discretion
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33
Q

The President can veto a decision by the Prime Minister on appointment of Attorney-General. T/F?

A

True

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34
Q

The Attorney-General need not be an MP. T/F?

A

True

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35
Q

What are the qualifications of a Supreme Court Judge?

A
  1. No less than 10 years as a Qualified Person or

2. No less than 10 years as a member of the Singapore Legal Service

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36
Q

A Supreme Court has guaranteed tenure until the age of 65 years or no later than 6 months after the age of 65, if the President may approve. True or False

A

True

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37
Q

The President has discretion in the appointment of the Prime Minister and other Ministers

A

True

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38
Q

Before the constitution was amended, the President was elected by the Parliament by a majority vote. True or false?

A

True

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39
Q

Which of the following is true?

I. The government wanted the President to be a safeguard of Singapore’s substantial financial reserves

II. The government wanted a President who could be removed from office by a Parliament with 2/3 majority

III. The government feared that a populist government would go unchecked

IV. The President was to secure the integrity of the civil service

V. The government wanted the President to present a kind of adversarial check on the government

A

I, III, IV

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40
Q

Which of the following is true?

I. The Attorney General takes advice from the Prime Minister when deciding on whether or not the AGC should prosecute MOE for failing to protect the safety of students during P.E

II. Due to a conflict with an event company, the Minister of Foreign Affairs is considering a litigation against the company. The Minister goes to the Attorney-General for advice on litigation.

III. The Government wants to draft a new piece of legislation. It asks the AGC to help with writing the legislative details.

IV. The Attorney General is part of the Executive

V. The Attorney General may sit with the Cabinet occasionally

A

II
III
IV

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41
Q

Which of the following is true?

I. Parliament is holding a motion to pass a Supply Bill. NMP Sim is able to vote for it.

II. Parliament is holding a motion to pass a Supplementary supply bill. NMP Sim is able to vote for it.

III. Nominated Members of Parliament can vote to remove the President from Office

IV. Nominated Members of Parliament can vote to amend the Constitution.

V. There can be up to 8 NMPs in Parliament

VI. NMPs can vote in a vote of no confidence

A

ALL LIES.

NMPS CANNOT VOTE FOR SUPPLY BILLS.

CANNOT REMOVE PRESIDENT.

CANNOT AMEND CONSTY,

CANNOT REMOVE PAP.

MAX. 9 NMPS.

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42
Q

Since 2017, there can be up to 12 Non-constituency Members of Parliament (NCMP)

A

True

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43
Q

In addition to the 5 Opposition members who were elected into Parliament, there can be an additional 12 NCMPs for a total of 17 non-PAP members.

A

False

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44
Q

Which of the following is true?

I. There can be up to 6 members in a group contesting in a GRC

II. There is no minimum limit to the members contesting for election as a group in a GRC.

III. At least one of the candidates in every group must be a person belonging to a Malay community or, Indian or other communities

A

I, III

Must have at least 3 in a group.

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45
Q

Elected President is an alternative center of power. T/F?

A

False. Law Minister had to speak out and say that it was not an alternative center of power.

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46
Q

Elected President is an alternative center of power. T/F?

A

False. Law Minister had to speak out and say that it was not an alternative center of power.

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47
Q

A NCMP has all the voting privileges of a normal MP. T/F?

A

Yes, since the Constitution was amended in 2016.

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48
Q

Changes to the Constitution and Parliamentary Elections Act passed in 2010 guarantee a minimum of nine opposition MPs in Parliament after the polls. T/F?

A

True. But this was changed in 2017. From 2017, there can be up to 12 NCMPs.

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49
Q

NCMPs must get at least 15% of the valid votes. T/F?

A

True.

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50
Q

Which of the following is true?

I. Singapore follows the UK style of drafting. This means that it tries to cover all possible situations and contingencies.

II. Singapore follows the UK style of drafting. This means that it applies common law principles.

III. Singapore follows the UK style of drafting. This means that the judge does not interpret the legislation because it is already clearly set out

IV. Singapore follows the UK style of drafting. This means that courts do not fill in gaps in the legislation.

V. Singapore follows the UK style of drafting. This means the legislation will tend to be more complicated to a layman.

A

I
V.

Statute is meant to be distinct from common law.

Courts must still interpret the legislation if there is ambiguity (legislation may not be perfectly drafted)

Courts CANNOT fill in gaps in legislation. They can only interpret what the words already say.

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51
Q 
Which of the following is true?
I.
First Reading.
Second Reading on another date
Third Reading on another date
Presidential Assent
Published in Gazette
II.
First Reading
Second Reading on another date
Presidential Assent 
Published in Gazette

III.
First, Second and Third Reading on the same day

A

I

52
Q

Which of the following is true?

I. Amendments may be made to the third reading to change an entire clause

II. The Presidential Council of Minority Rights can modify entire clauses and send it back to Parliament for voting

III. The Select Committee can reject a bill if it changes its mind after speaking to the various stakeholders

A

None of the following is true.

Only minor Amendments may be made, and must be made with Speaker’s permission

The PCMR cannot modify a bill. They can only send an adverse report (within 30 days). Parliament will have to amend accordingly and resubmit it for voting in Parliament. However, Parliament can submit to President for assent in spite of the adverse report.

53
Q

An Act is published in the Gazette on 9 November 2020. The Minister says that it will come into effect on a later date. When does the law come into effect?

A

On a later date

54
Q

How many days notice must be given for government bills and private member’s bill?

A

Government bills: 2 clear days

Private member bill: 4 clear days

55
Q

Which of the following is true?

I. The intelligibility of a legislation is in inverse proportion to it being right

II. The law has to be as unambiguous as possible

III. The law must have a high degree of certainty to be effective

IV. The law must strive to be clear and understandable

V. The law should only be tailored to people who are reading it in good faith

A

All true except V.

The law must be ideally structured in a way that someone who reads it it bad faith cannot pretend not to understand.

56
Q

Which of the following is true about subsidiary legislation?

I. Subsidiary legislation is drafted only by the permanent secretary

II. Subsidiary legislation is subject to approval by the President

III. If the PCMR does not report within 30 days, it is assumed that the subsidiary legislation does not contain any differentiating measure

IV. The procedure for promulgating subsidiary legislation is the same across all Acts

A

II and III

SL is drafted by legal officers in AGC based on draft presented by Perm Sec

The procedure for promulgating SL differs from Act to Act

57
Q

What is the process of submitting a government bill to Parliament?

A
  1. The minister obtains approval from cabinet for proposed bill
  2. The Perm Sec prepares a draft or detailed statement of proposed contents and refers it to AGC
  3. The AGC drafts the bill based on these instructions
  4. The AGC prints and vets the Bill and sends a copy of it to the Perm Sec in MinLaw for approval
  5. Bill is submitted to Cabinet
58
Q

What did Section 3 of the AELA (1993) do?

A

Section 3 of the Act preserves the common law rules and equity rules in Singapore.

It further provides that the common law shall continue in force in Singapore so as it is applicable to the circumstances of Singapore and its inhabitants, subject to modifications to those circumstances may require.

59
Q

The Penal Code was first introduced in 1872. True or false?

A

True

60
Q

What are the bills that are exempt from the PCMR’s scrutiny?

A
  1. Money Bill
  2. Bills on a certificate of Urgency (but PCMR can still scrutinize it after President has assented, and any adverse report will be made known to Parliament ASAP)
  3. Bills that affect the defence or the security of Singapore, or which relates to the public safety, peace or good order in Singapore
61
Q

When was the AELA first passed?

A

1993

62
Q

From what period was the Governor-General in India (previously based in Bengal) in Council a source of SG law?

A

1833 to 1867

63
Q

What was the arrangement of the judiciary, legislature and executive in Singapore in the period after the Japanese Occupation?

A

Crown colony arrangement with some changes.

The Straits Settlements were disbanded.

Supreme Court of Singapore (Crown Colony)

Executive Council of 6 officials and 4 nominated un-officials.

Legislative Council, partially nominated, this time has 9 (minority) elected members.
Of the 9 elected seats, 3 were allocated to SIngapore, Chinese and Indian Chambers of Commerce. 6 were up for democratic elections.
These elections were held for the first time in 1948.

64
Q

Before 2016, NCMPs could not vote on Constitutional Bills, Supply Bills, Money Bills and on Motions of No Confidence in the Government or Motions to Remove a President from office. Is this true or false?

A

True.

65
Q

What are the voting limitations of a Nominated MP?

A

Constitutional Bills
Supply Bills
Money Bills
Motions of No Confidence in the Government
Motions to Remove a President from office

66
Q

What did Article 19B of the Constitution introduce?

A

An election for office of President is reserved for a community if

no person of that community has held the office of President for any of the 5 most recent terms of office of the President

There are three recognized communities: A Chinese community, Malay community, and ‘Indian or other minorities’ community.

67
Q

What is the ‘public sector requirement’ for becoming President in Singapore?

A

Public sector requirement:

a. held office for a period of 3 or more years as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the PSC, Auditor-General, Accountant General or Perm Sec or;
b. served for 3 or more years as chief executive of a entity specified in Fifth Schedule or;
c. satisfied some other exceptional circumstances
d. has held higher office for a two separate periods and the 2 periods add up to 3 or more years

68
Q

What is the ‘private sector requirement’ for becoming President in Singapore?

A

Private sector requirement:

a. served as the CEO of a company and satisfied some other criteria

69
Q

What is the ‘first term of office’ for the President a defined in Article 164(1)(a)?

A

Wee Kim Wee’s second term.

70
Q

In every GRC, there must be at least one candidate belonging to a Malay community or ‘Indian or other minorities’ community. True or false?

A

True.

71
Q

What is the maximum amount of candidates to form a GRC?

A

6

72
Q

What is the minimum amount of candidates to form a GRC?

A

3

73
Q

What was the objective behind the elected Presidency?

A

Safeguard Singapore’s financial reserves

Safeguard the integrity of civil service from populist government.

74
Q

What are the significant amendments to the elected Presidency since it was first introduced in 1991?

A

Presidential veto is ineffective in respect of ‘any defence and security measure’

President will be deemed to have assented to a Bill, upon the expiration of 30 days after the Bill has been presented to him for his assent, if he or she does nothing.

Even if the President wants to veto a key appointment or refuses to revoke an appointment, Parliament may override his or her decision by a two-thirds majority.

75
Q

Can a partisan candidate run for the elected Presidency?

A

No. The Constitution requires any candidate wishing to run for office to be non-partisan in that he or she cannot be a member of any political party.

76
Q

Who are members of the Executive?

A 
Prime Minister
Minister
Parl Sec
Perm Sec
Attorney General
Deputy AG
Secretary to Cabinet

Probably Minister of State as well?

77
Q

Singapore’s Parliament is unicameral or bicameral?

A

Unicameral

Single chamber of legislature.

78
Q

There must be a session of Parliament at least once a year. True or false?

A

True

79
Q

Parliament must sit for a new session within 6 months of the last setting. True or false?

A

True

80
Q

The lifespan of Parliament is usually 5 years. True or false?

A

True

81
Q

The President can dissolve Parliament at any time upon the advice of the Prime Minister. True or false?

A

True

82
Q

A GE must be held within ____ months of Parliament’s dissolution.

A

3 months

83
Q

When was the last time a private member Bill was introduced?

A

Walter Woon’s Maintenance of Parents Bill

84
Q

During the First Reading, questions can be put forth regarding the Bill. True or false?

A

False.

No questions are put to the mover of the Bill in the First Reading.

85
Q

During the Second Reading, the main purpose is to debate the bill. MPs do not vote for the Bill during the Second Reading, but they only do so in the Third Reading. True or false?

A

False.

MPs will vote on the bill at the end of the debate at the Second Reading.

86
Q

At the end of the First Reading, all MPs will do a preliminary vote on the bill. True or false?

A

False.

MPs only vote at the Second and Third Reading.

87
Q

After the Second Reading, it is optional for the bill to go into a Select Committee or Committee of the Whole House. True or false?

A

False.

All bills must go through the Committee Stage and Report Stage before moving on to the Third Reading.

88
Q

The Select Committee may discuss and amend the principles of the bill. True or false?

A

False.

The Select Committee may only discuss the details of the bill, and cannot amend its underlying principles.

89
Q

The Select Committee may discuss the details of the bill. True or false?

A

True.

The purpose of the Select Committee is to discuss the fine details of the Bill.

90
Q

Can the Select Committee reject the bill if it finds that the bill is unworthy?

A

Nope. Select Committee cannot reject the Bill outright. It can only make a report to Parliament.

91
Q

What is the Report Stage of passing a bill?

A

When the Chairman of the Select Committee (or Committee of the Whole House) reports the findings of the committee to Parliament.

92
Q

If any amendments are to be made in the Third Readings, the Bill will have to be sent back to the Select Committee for review. True or false?

A

False.

Any amendments to correct errors or oversights can be made with the Speaker’s permission during the Third Reading itself.

93
Q

No amendments can be made during the Third Reading. True or false?

A

False.

Any amendments to correct errors or oversights can be made with the Speaker’s permission during the Third Reading.

However, material amendments cannot be made.

94
Q

A successful bill is only voted by Parliament once. True, or false?

A

False.

A bill is voted by Parliament twice (during the Second and Third Reading).

95
Q

If the Presidential Council of Minority Rights issues an adverse report, it means that Parliament must amend the bill and re-submit it for consideration. True or false?

A

False (to some extent).

Parliament can still bypass the Council and submit to President for assent despite the adverse report with a two-thirds majority vote.

96
Q

An Act comes into force once the President has assented to it. True or false?

A

False.

An Act comes into force at the date of its publication in the Gazette, or if a commencement date is provided for, on the date of commencement.

97
Q

An Act comes into force once it has been published in the Gazette. True or false?

A

False (to some extent).

If the Act has a commencement date, it only comes into force on that date.

98
Q

If the Presidential Council of Minority Rights does not present any report within 30 days, it means that the Bill can be presented for President’s assent. True or false?

A

True.

99
Q

The Presidential Council of Minority Rights has 14 days to consider the bill and make a report to the Speaker.

A

False. It has 30 days.

100
Q

How many days does the Presidential Council of Minority Rights have to consider the bill?

A

30 days

101
Q

Even if the bill is particularly complex, the Presidential Council of Minority Rights must make a report to the Speaker within 30 days. True or false?

A

False. It can ask for extension of time.

102
Q

The Presidential Council of Minority Rights must make a report to the Speaker within 30 days regardless of the complexity of the bill. True or false?

A

False. It can ask for extension of time if it needs more time to consider the bill.

103
Q

Subsidiary legislation can only be implemented by the Minister. True or false?

A

False.

Statutory boards can also make subsidiary legislation.

104
Q

The Minister must submit subsidiary legislation to the Presidential Council of Minority Rights within ____ days of publication.

A

14 days

105
Q

If a piece of subsidiary legislation has any differentiating measure, the offending provision can be either revoked or amended within 6 months. True or false?

A

True

106
Q

A provision in a Bill that is likely to be disadvantageous to persons of any racial or religious community is also known as a ______________

A

Differentiating measure

107
Q

Even in an emergency, Parliament cannot bypass the President’s assent. True or false?

A

False. Parliament has the power to bypass President’s assent when there is a Proclamation of Emergency, and the law is required by reason of emergency.

108
Q

The President may make legislation when there is an emergency. True or false?

A

True. According to Article 150, the President may promulgate ordinances having the force of law if the laws are necessary and Parliament is not sitting.

109
Q

Is SPF the only law enforcement agency amongst all government agencies and statutory boards?

A

No. There are law enforcement personnel in statutory boards.

110
Q

What are the 8 key stages of passing a bill?

A
  1. First Reading
  2. Second Reading (on another date)
  3. Committee Stage
  4. Report Stage
  5. Third Reading
  6. PCMR
  7. Presidential Assent
  8. Publish in Gazette
  9. Commencement Date (if any)
111
Q

What happens during the Committee Stage?

A

The fine details of the Bill are discussed and deliberated by a Select Committee or the Committee of the Whole House

112
Q

What happens during the Report Stage?

A

The Chairman of the Select Committee or of the Committee of the Whole House reports the findings of the Committee to Parliament.

113
Q

MPs and NCMPs have the same voting rights. True or false?

A

True.

114
Q

Non-Constituency Members of Parliament and Members of Parliament have the same voting rights. True or false?

A

True

115
Q

Nominated Members of Parliament and Members of Parliament have the same voting rights. True or false?

A

False.

NMPs cannot vote on Constitutional Bills, Supply Bills, Money Bills, Motions of No Confidence in the Government, and Motions to Remove a President from office.

116
Q

Nominated Members of Parliament and Non-Constituency Members of Parliament have the same voting rights. True or false?

A

False.

NMPs cannot vote on Constitutional Bills, Supply Bills, Money Bills, Motions of No Confidence in the Government, and Motions to Remove a President from office.

NCMPs have the same full voting rights as MPs.

117
Q

The Special Committee is not allowed to amend the Bill in any way. True or false?

A

False.

The whole purpose of the Special Committee is to review the Bill in great detail and make amendments. The amended Bill is later submitted to Parliament for approval at the Report Stage.

Readings:
“At this stage, amendments to the Bill may be made but the Bill cannot be rejected outright…”
and
“If amendments are made, the amendments are put to the House and they may either be accepted or rejected…””

118
Q

The Special Committee is not allowed to reject the Bill in any way. True or false?

A

True. Power to reject lies with Parliament.

119
Q

A bill becomes law when it has been assented to by the President. True or false?

A

True.

But watch out: That ‘law’ only comes in force when it has been published in the Gazette and/or on its commencement date.

120
Q

What does the Singapore government consist of?

A

President
Prime Minister
Cabinet

121
Q

When can the President declare the office of Prime Minister vacant?

A

When PM resigns from office

When the President is satisfied that the PM has lost the confidence of the majority of Parliament

122
Q

The Prime Minister can also be the Minister of Finance. True or false?

A

True.

LHL was PM and MOF at the same time.

123
Q

The members of the Cabinet are known as the Frontbenchers. The rest are known as the Backbencers. True or false?

A

True

124
Q

What is the ultra vires doctrine in the Singapore context?

A

The minister cannot promulgate subsidiary legislation not substantially or procedurally provided for under the parent Act

125
Q

The Prime Minister has discretion as to when to call a by-election. True or false?

A

False

Chorzow Factory (1928) (14 decks)

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