CONSTITUTION OF THE REPUBLIC OF SINGAPORE 新加坡共和国宪法

繁星追梦

PART 10

CITIZENSHIP

Status of citizen of Singapore
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.
Citizenship by birth
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.
Citizenship by descent
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]
Citizenship by registration
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.
Registration of minors
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.
Effect of registration
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.
General provisions as to registration
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.
Citizenship by naturalisation
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.
Renunciation of citizenship
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.
Deprivation of citizenship
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.
Deprivation of citizenship of child of person losing citizenship
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.
General provisions as to loss of citizenship
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.
Cancellation of enrolment as citizen
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.
Procedure for deprivation
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.
Deprivation of citizenship on acquisition of foreign citizenship
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.
Deprivation of citizenship on exercise of rights of foreign nationals, etc.
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.
Termination of citizenship of Malaysia
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.
Deprivation of citizenship or cancellation of enrolment of child of person losing citizenship
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.
Grant of certificate of citizenship in cases of doubt
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.
Commonwealth citizenship
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.
Application of Third Schedule
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.
Repeal
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.

繁星追梦

PART 11

FINANCIAL PROVISIONS

Interpretation of this Part
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]
No taxation unless authorised by law
143.  No tax or rate shall be levied by, or for the purposes of, Singapore except by or under the authority of law.
Restriction on loans, guarantees, etc.
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]
Consolidated Fund
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.
Withdrawal from Consolidated Fund, etc.
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).
Annual estimates and financial statements
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.
Authorisation of expenditure from Consolidated Fund and Development Fund
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.
Withholding of assent to Supply Bill, etc.
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).
Power to authorise expenditure on account, etc., or for unspecified purposes
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.
Contingencies Funds
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]
Debt charges and moneys required to satisfy judgments
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.
Appointment of Auditor-General
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.
Duty to inform President of certain transactions
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.
Publication of President’s opinion regarding certain liabilities of the Government
148H.  Where the President considers that certain liabilities of the Government, though not requiring his approval, are likely to draw on the reserves of the Government which were not accumulated by the Government during its current term of office, he shall state his opinion in writing to the Prime Minister and shall cause the opinion to be published in the Gazette.
Transfer of Government’s past reserves
148I.—(1)  Notwithstanding any provision in this Part, a proposed transfer or transfer (whether by or under any written law or otherwise) by the Government of any of its reserves to —
(a)        a Government company specified in Part 2 of the Fifth Schedule (referred to in this clause and clause (2) as the transferee company); or
(b)        a statutory board specified in Part 1 of the Fifth Schedule (referred to in this clause and clause (2) as the transferee board),
shall not be taken into account in determining whether the reserves accumulated by the Government before its current term of office are likely to be or have been drawn on if —
(i)        in the case of a proposed transfer or transfer of reserves by the Government to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the Government shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or
(ii)        in the case of a proposed transfer or transfer of reserves by the Government to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the Government shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.
[12/2004]
(2)  Any reserves transferred by the Government together with or under any undertaking, resolution or written law referred to in clause (1) shall be deemed to form part of the reserves accumulated by the transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:
(a)        where the Supply Bill for any financial year provides for the proposed transfer of reserves and the Supply Bill is assented to by the President — at the beginning of that financial year;
(b)        where a Supplementary Supply Bill provides for the proposed transfer and the Bill is assented to by the President — on the date of such assent by the President; or
(c)        in any other case — on the date those reserves are so transferred.
[12/2004]

繁星追梦

PART 12

SPECIAL POWERS AGAINST SUBVERSION AND

EMERGENCY POWERS

Legislation against subversion
149.—(1)  If an Act recites that action has been taken or threatened by any substantial body of persons, whether inside or outside Singapore —
(a)        to cause, or to cause a substantial number of citizens to fear, organised violence against persons or property;
(b)        to excite disaffection against the President or the Government;
(c)        to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence;
(d)        to procure the alteration, otherwise than by lawful means, of anything by law established; or
(e)        which is prejudicial to the security of Singapore,
any provision of that law designed to stop or prevent that action or any amendment to that law or any provision in any law enacted under clause (3) is valid notwithstanding that it is inconsistent with Article 9, 11, 12, 13 or 14, or would, apart from this Article, be outside the legislative power of Parliament.
(2)  A law containing such a recital as is mentioned in clause (1) shall, if not sooner repealed, cease to have effect if a resolution is passed by Parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of Parliament to make a new law under this Article.
(3)  If, in respect of any proceedings whether instituted before or after 27 January 1989, any question arises in any court as to the validity of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any law referred to in this Article, such question shall be determined in accordance with the provisions of any law as may be enacted by Parliament for this purpose; and nothing in Article 93 shall invalidate any law enacted pursuant to this clause.
Proclamation of Emergency
150.—(1)  If the President is satisfied that a grave emergency exists whereby the security or economic life of Singapore is threatened, he may issue a Proclamation of Emergency.
(2)  If a Proclamation of Emergency is issued when Parliament is not sitting, the President shall summon Parliament as soon as practicable, and may, until Parliament is sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required.
(3)  A Proclamation of Emergency and any ordinance promulgated under clause (2) shall be presented to Parliament and, if not sooner revoked, shall cease to have effect if a resolution is passed by Parliament annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the President to issue a new Proclamation under clause (1) or promulgate any ordinance under clause (2).
(4)  Subject to clause (5)(b), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and any provision of this Constitution (except Articles 22E, 22H, 144(2) and 148A) or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the President for his assent, shall not apply to a Bill for such a law or an amendment to such a Bill.
(5)  (a)  Subject to paragraph (b), no provision of any ordinance promulgated under this Article, and no provision of any Act which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
(b)  Paragraph (a) shall not validate any provision inconsistent with —
(i)        [Deleted by Act 28 of 2016]
(ii)        [Deleted by Act 28 of 2016]
(iii)        the provisions of this Constitution relating to religion, citizenship or language.
[28/2016]
(6)  At the expiration of a period of 6 months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.
Restrictions on preventive detention
151.—(1)  Where any law or ordinance made or promulgated in pursuance of this Part provides for preventive detention —
(a)        the authority on whose order any person is detained under that law or ordinance shall as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be; and
(b)        no citizen of Singapore shall be detained under that law or ordinance for a period exceeding 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the President.
(2)  An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the President and who shall be or have been, or be qualified to be, a Supreme Court Judge, and 2 other members, who shall be appointed by the President after consultation with the Chief Justice.
[38/2019]
(3)  This Article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest.
(4)  Where an advisory board constituted for the purposes of this Article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this Part, the person shall not be detained or further detained without the concurrence of the President, acting in his discretion, if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained.
[28/2016]
Defence and security measures
151A.—(1)  Articles 22B(7), 22D(6), 148G(2) and (3) and 148H shall not apply to any defence and security measure.
(2)  For the purposes of clause (1), a defence and security measure means any liability or proposed transaction which the Prime Minister and the Minister responsible for defence, on the recommendations of the Permanent Secretary to the Ministry of Defence and the Chief of Defence Force, certify to be necessary for the defence and security of Singapore, and any certificate under the hands of the Prime Minister and the Minister responsible for defence shall be conclusive evidence of the matters specified therein.

繁星追梦

PART 13

GENERAL PROVISIONS

Minorities and special position of Malays
152.—(1)  It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.
(2)  The Government shall exercise its functions in such manner as to recognise the special position of the Malays, who are the indigenous people of Singapore, and accordingly it shall be the responsibility of the Government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the Malay language.
Muslim religion
153.  The Legislature shall by law make provision for regulating Muslim religious affairs and for constituting a Council to advise the President in matters relating to the Muslim religion.
Official languages and national language
153A.—(1)  Malay, Mandarin, Tamil and English shall be the 4 official languages in Singapore.
(2)  The national language shall be the Malay language and shall be in the Roman script:
Provided that —
(a)        no person shall be prohibited or prevented from using or from teaching or learning any other language; and
(b)        nothing in this Article shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in Singapore.
Impartial treatment of Government employees
154.  Subject to the provisions of this Constitution, all persons of whatever race in the same grade of the service of the Government shall, subject to the terms and conditions of their employment, be treated impartially.
Exemption
154A.  The President, acting in his discretion, may by order published in the Gazette exempt any transaction or class of transactions, from the application of Article 144.
Authorised reprints of Constitution
155.—(1)  The Attorney‑General may, with the authority of the President, as soon as may be after 4 May 1979 cause to be printed and published a consolidated reprint of the Constitution of Singapore, as amended from time to time, amalgamated with such of the provisions of the Constitution of Malaysia as are applicable to Singapore, into a single, composite document.
(2)  The President may, from time to time, authorise the Attorney‑General to cause to be printed and published an up‑to‑date reprint of the Constitution of the Republic of Singapore, incorporating therein all amendments in force at the date of such authorisation.
(3)  Any reprint of the Constitution of the Republic of Singapore, printed and published under clause (1) or (2), shall be deemed to be and shall be, without any question whatsoever in all courts of justice and for all purposes whatsoever, the authentic text of the Constitution of the Republic of Singapore in force as from the date specified in that reprint until superseded by the next or subsequent reprint.
(4)  In the preparation and compilation of any reprint under clause (1) or (2), the Attorney‑General shall have, with the necessary modifications, the powers conferred upon the Law Revision Commissioners by section 4 of the Revised Edition of the Laws Act 1983.
(5)  In the preparation and compilation of the consolidated reprint under clause (1), the Attorney‑General shall have the power in his discretion —
(a)        to merge the existing provisions of both Constitutions, making thereto such modifications as may be necessary or expedient in consequence of the independence of Singapore upon separation from Malaysia;
(b)        to re-arrange the Parts, Articles and provisions of the Constitution of Singapore and of the Constitution of Malaysia in such connected sequence as he thinks fit, omitting inappropriate or inapplicable provisions, in the latter Constitution;
(c)        where provisions exist in both Constitutions on the same subject‑matter, to include in the consolidated reprint the provisions of the Constitution of Singapore on such subject-matter and to omit the duplicated provisions appearing in the Constitution of Malaysia from the consolidated reprint; and
(d)        generally, to do all other things necessitated by, or consequential upon, the exercise of the powers conferred upon the Attorney‑General by this Article or which may be necessary or expedient for the perfecting of the consolidated reprint of the Constitution of the Republic of Singapore.
Institution of marriage
156.—(1)  The Legislature may, by law, define, regulate, protect, safeguard, support, foster and promote the institution of marriage.
(2)  Subject to any written law, the Government and any public authority may, in the exercise of their executive authority, protect, safeguard, support, foster and promote the institution of marriage.
(3)  Nothing in Part 4 invalidates a law enacted before, on or after the date of commencement of the Constitution of the Republic of Singapore (Amendment No. 3) Act 2022 by reason that the law —
(a)        defines marriage as a union between a man and a woman; or
(b)        is based on such a definition of marriage.
(4)  Nothing in Part 4 invalidates an exercise of executive authority before, on or after the date of commencement of the Constitution of the Republic of Singapore (Amendment No. 3) Act 2022 by reason that the exercise is based on a definition of marriage as a union between a man and a woman.
[Act 40 of 2022 wef 03/01/2023]

繁星追梦

PART 14

TRANSITIONAL PROVISIONS

Existing Standing Orders
157.  The Standing Orders of the Legislative Assembly established by the Singapore (Constitution) Order in Council 1958 (S.I. 1958 No. 1956) which are in force immediately before the commencement of this Constitution shall, subject to amendment or revocation under Article 52, be the Standing Orders of Parliament.
Public officers to continue in office
158.  Subject to the provisions of this Constitution, every person who immediately before the commencement of this Constitution holds a public office shall on its commencement continue to hold the like office in the public service.
Terms of service of persons who continue in office
159.—(1)  Except where other provision is made by this Constitution, any person who holds any office as from the commencement of this Constitution by virtue of having been the holder of any office immediately before its commencement shall, as from its commencement, be entitled to the same terms of service as were applicable to him immediately before its commencement, and those terms, in so far as they relate to remuneration, shall not be altered to his disadvantage during his continuance in the public service thereafter.
(2)  For the purposes of this Article, in so far as the terms of service of any person 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.
Succession to property
160.  Subject to this Article, all property and assets which immediately before the commencement of this Constitution were vested in the State of Singapore shall vest in the Republic of Singapore.
161.  [Omitted in 1999 Reprint]
Existing laws
162.  Subject to this Article, all existing laws shall continue in force on and after the commencement of this Constitution and all laws which have not been brought into force by the date of the commencement of this Constitution may, subject as aforesaid, be brought into force on or after its commencement, but all such laws shall, subject to this Article, be construed as from the commencement of this Constitution with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
Person holding office of President immediately prior to 30 November 1991 to continue to hold such office
163.—(1)  The person holding the office of President immediately prior to 30 November 1991 shall continue to hold such office for the remainder of his term of office and shall exercise, perform and discharge all the functions, powers and duties conferred or imposed upon the office of President by this Constitution as amended by the Constitution of the Republic of Singapore (Amendment) Act 1991 (Act 5 of 1991) (referred to in this Article as the Act), as if he had been elected to the office of President by the citizens of Singapore, except that if that person vacates the office of President before the expiration of his term of office, a poll shall be conducted for the election of a new President within 6 months from the date the office of President became vacant.
(2)  The Act shall not affect the appointment of any person made before 30 November 1991 and that person shall continue to hold his office as if he had been appointed in accordance with the provisions of this Constitution as amended by the Act.
(3)  This Constitution as amended by the Act shall have effect subject to the following modifications:
(a)        the initial term of office of the Government shall be the period beginning from 30 November 1991 and ending on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after the first general election following that date;
(b)        Articles 22B and 22D shall apply from the first financial year of a statutory board or Government company beginning not less than 3 months after that date;
(c)        in relation to the first financial year of a statutory board or Government company beginning not less than 3 months after that date, any reference in Articles 22B and 22D to the approved budget of the preceding financial year of the statutory board or Government company shall, in the absence of such a budget, be read as a reference to the budget of that preceding financial year; and
(d)        Article 148A shall apply in respect of the first financial year of the Government beginning on or after that date as if the resolution of Parliament authorising expenditure from the Development Fund for the preceding financial year forms part of the Supply law or Final Supply law for such preceding financial year.
Transitional provisions for Article 19B
164.—(1)  The Legislature must, by law —
(a)        specify the first term of office of the President to be counted for the purposes of deciding whether an election is reserved under Article 19B; and
(b)        if any of the terms of office that are counted for the purposes of deciding whether an election is reserved under Article 19B commenced before the appointed date, further specify the communities to which the persons who held those terms of office are considered to belong.
[28/2016]
(2)  In this Article, “appointed date” means the date of commencement of section 9 of the Constitution of the Republic of Singapore (Amendment) Act 2016.
[28/2016]
Transitional provisions for Council of Presidential Advisers
165.—(1)  An existing member continues to be a member for the remaining duration of the existing member’s last appointment.
[28/2016]
(2)  Article 37B(2) applies to the appointment or re‑appointment of any person as a member on or after the appointed date.
[28/2016]
(3)  The first 3 appointments made under Article 37B(2) by the President acting in his discretion must be made as follows:
(a)        the first appointment must be made under Article 37B(2)(a)(i) as soon as practicable after the appointed date;
(b)        the second appointment must be made under Article 37B(2)(b)(i) as soon as practicable after any existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat;
(c)        the third appointment must be made under Article 37B(2)(c)(i) as soon as practicable after the remaining existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat.
[28/2016]
(4)  The first 3 appointments made under Article 37B(2) by the President on the advice of the Prime Minister must be made as follows:
(a)        the first appointment must be made under Article 37B(2)(a)(ii) as soon as practicable after the appointed date;
(b)        the second appointment must be made under Article 37B(2)(b)(ii) as soon as practicable after any existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat;
(c)        the third appointment must be made under Article 37B(2)(c)(ii) as soon as practicable after the remaining existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat.
[28/2016]
(5)  The first appointment made under Article 37B(2)(a)(iii) must be made as soon as practicable after the existing member appointed by the President on the Chief Justice’s advice completes the member’s term or vacates the member’s seat.
[28/2016]
(6)  The first appointment made under Article 37B(2)(b)(iii) must be made as soon as practicable after the existing member appointed by the President on the advice of the Chairman of the Public Service Commission completes the member’s term or vacates the member’s seat.
[28/2016]
(7)  In this Article, unless the context otherwise requires —
“appointed date” means the date of commencement of section 17 of the Constitution of the Republic of Singapore (Amendment) Act 2016;
“existing member” means a member on the date immediately before the appointed date;
“member” means a member of the Council of Presidential Advisers.
[28/2016]
Transitional provision for persons who hold or have held office as Judge of Appeal immediately before date of commencement of Constitution of the Republic of Singapore (Amendment) Act 2019
166.—(1)  A person who holds office as a Judge of Appeal immediately before the date of commencement of the Constitution of the Republic of Singapore (Amendment) Act 2019 is, from that date —
(a)        if the person was appointed as a Judge of Appeal under Article 95(1), to hold office as a Justice of the Court of Appeal in accordance with Article 98; and
(b)        if the person was appointed as a Judge of Appeal for a specified period under Article 95(2), to hold office as a Justice of the Court of Appeal in accordance with Article 98 for the remainder of that period.
[38/2019]
(2)  A person who ceased to be a Judge of Appeal before the date of commencement of the Constitution of the Republic of Singapore (Amendment) Act 2019 is, on or after that date, to be treated —
(a)        for the purposes of Article 95(2) and (4)(b), as a person who has ceased to be a Supreme Court Judge; and
(b)        for the purposes of Article 98(4), as a person who has held office as a Supreme Court Judge.
[38/2019]