SINGAPORE LEGISLATION

• Citation: (2005) 17 SAcLJ 485
• Author: Emily TEO LLB (Hons)(National University of Singapore); State Counsel, Attorney-General’s Chambers. Joyce CHNG BA (Soc Sc)(Curtin); Legal Executive, Attorney-General’s Chambers.
• Published date: 01 December 2005
• Date: 01 December 2005

Digest of Acts passed between 1 September 2004 and 28 February 2005

(Correct as at 15 June 2005)

Government Securities (Amendment) Act 2004

Act 29 of 2004

Long title: An Act to amend the Government Securities Act (Chapter 121A of the 2002 Revised Edition).

Passed by Parliament on: 2 September 2004

Assented to by President on: 6 September 2004

Publication date: 13 September 2004

Commencement date: 14 September 2004

Summary: This Act amends s 11 of the Government Securities Act (Cap 121A, 2002 Rev Ed) by changing the fixed borrowing limit to a revolving borrowing limit. With the amendment, the Government may borrow, from time to time, such sums so long as the aggregate amount borrowed (including amounts already borrowed before the date of commencement of the Act) and outstanding at any time does not exceed an amount specified in a resolution of Parliament with which the President concurs.

Business Trusts Act 2004

Act 30 of 2004

Long title: An Act relating to the registration and regulation of business trusts and matters connected therewith.

Passed by Parliament on: 1 September 2004

Assented to by President on: 8 September 2004

Publication date: 21 September 2004

Commencement date: 12 October 2004

Summary: This Act provides for the registration and regulation of business trusts and for matters connected therewith. Amongst other things, the Act —

1. (a) sets out the procedures for registration of business trusts;

2. (b) sets out the responsibilities and powers of the trustee-manager of a registered business trust;

3. (c) provides for matters relating to a change in the trustee-manager of a registered business trust;

4. (d) empowers the Monetary Authority of Singapore (“the Authority”) to issue written directions to the trustee-manager or temporary trustee-manager of a registered business trust;

5. (e) sets out the requirements for the contents of the trust deed of a registered business trust;

6. (f) provides for matters relating to the management and administration of a registered business trust;

7. (g) requires the trustee-manager of a registered business trust to keep proper accounting records and to maintain an adequate system of internal accounting control; and

8. (h) provides for an avenue of appeal to the Minister with respect to decisions of the Authority.

Securities and Futures (Amendment) Act 2004

Act 31 of 2004

Long title: An Act to amend the Securities and Futures Act (Chapter 289 of the 2002 Revised Edition).

Passed by Parliament on: 1 September 2004

Assented to by President on: 8 September 2004

Publication date: 21 September 2004

Commencement date: 12 October 2004

Summary: This Act amends the Securities and Futures Act (Cap 289, 2002 Rev Ed) —

1. (a) to introduce a new Division 1A in Part XIII to regulate public offers of units and derivatives of units in business trusts;

2. (b) to allow a trust which invests only in real estate and real estate-related assets specified by the Monetary Authority of Singapore in the Code on Collective Investment Schemes and listed on a securities exchange to be regulated either as a business trust under the new Division 1A of Part XIII or as a collective investment scheme under Division 2 of that Part; and

1. (c) to modify the definitions of certain terms used in the Act to cater to business trusts.

Criminal Law (Temporary Provisions) (Amendment) Act 2004

Act 32 of 2004

Long title: An Act to amend the Criminal Law (Temporary Provisions) Act (Chapter 67 of the 2000 Revised Edition).

Passed by Parliament on: 1 September 2004

Assented to by President on: 8 September 2004

Publication date: 24 September 2004

Commencement date: 21 October 2004

Summary: This Act amends the Criminal Law (Temporary Provisions) Act (Cap 67, 2000 Rev Ed) —

1. (a) to extend the operation of the Act for a further period of five years from 21 October 2004;

2. (b) to introduce four new sections, namely ss 27, 27A, 27B and 27C, in connection with the taking of body samples for DNA profiling, in addition to photographs, finger impressions and particulars of persons who, on 21 October 2004, are under arrest or detention or are subject to police supervision, and persons who are arrested, detained or placed under police supervision on or after that date;

3. (c) to empower the Minister to prescribe additional body samples to be taken under s 27A, except that samples taken from certain parts of the body may not be prescribed; and

4. (d) to authorise the Commissioner of Police to maintain a register for the retention of photographs, finger impressions and particulars of persons taken under the new s 27A, and a DNA database for the retention of DNA information from body samples taken under that section.

Prisons (Amendment) Act 2004

Act 33 of 2004

Long title: An Act to amend the Prisons Act (Chapter 247 of the 2000 Revised Edition).

Passed by Parliament on: 1 September 2004

Assented to by President on: 8 September 2004

Publication date: 27 September 2004

Commencement date: 4 October 2004

Summary: This Act amends the Prisons Act (Cap 247, 2000 Rev Ed) for the following purposes:

1. (a) to transfer the functions of the Minister in ss 25, 39, 42 and 43 to the Director of Prisons (“the Director”);

2. (b) to provide for the appointment of a Deputy Director of Prisons (“Deputy Director”) and for the Deputy Director to exercise and perform all or any of the powers, duties and functions of the Director;

3. (c) to provide for the pre-emptive removal of prisoners when there is a threat of a contagious or infectious disease occurring; and

4. (d) to revise the Home Detention Scheme —

   1. (i) by increasing the maximum period that may be served under home detention;

   2. (ii) by reducing the minimum sentence of imprisonment imposed for a prisoner to be eligible for home detention;

   3. (iii) by reducing the minimum term of imprisonment to be served before a prisoner is eligible for home detention; and

   4. (iv) by enabling the Minister to remove the disqualification of a prisoner under s 53(1)(b) for home detention, if he considers the prisoner deserving of home detention in the circumstances.

Building Control (Amendment) Act 2004

Act 34 of 2004

Long title: An Act to amend the Building Control Act (Chapter 29 of the 1999 Revised Edition).

Passed by Parliament on: 1 September 2004

Assented to by President on: 8 September 2004

Publication date: 30 September 2004

Commencement date: 1 October 2004

Summary: This Act amends the Building Control Act (Cap 29, 1999 Rev Ed) for the following purposes:

1. (a) to repeal Part III (which deals with installation and retrofitting works relating to air-conditioning units) and to re-enact general provisions to require a person responsible for an exterior feature which is installed on, forms part of or projects outwards from a prescribed building, to retrofit the exterior feature in the prescribed manner, and to empower the Minister to make orders setting out the detailed retrofitting requirements;

1. (b) to provide an avenue of appeal against a pecuniary penalty imposed by the Commissioner of Building Control (“the Commissioner”), and to provide for recovery of the penalty;

2. (c) to empower the Commissioner to order the owner of a dangerous building to execute retrofitting under the new Part III to obviate the danger; and

3. (d) to raise the maximum sum for which an offence may be compounded.

Human Cloning and Other Prohibited Practices Act 2004

Act 35 of 2004

Long title: An Act to prohibit the placing of a human embryo clone in the body of a human or an animal and certain other practices associated with reproductive technology.

Passed by Parliament on: 2 September 2004

Assented to by President on: 10 September 2004

Publication date: 27 September 2004

Commencement date: 1 October 2004

Summary: This Act prohibits the placing of a human embryo clone in the body of a human or an animal and certain other practices associated with reproductive technology. Amongst other things, the Act —

1. (a) provides that the Director of Medical Services will be responsible for the administration and enforcement of the Act, and empowers him to appoint enforcement officers for the purposes of the Act;

2. (b) prohibits the development of any human embryo, that is created by a process other than the fertilisation of a human egg by human sperm, for a period of more than 14 days, excluding any period when the development of the embryo is suspended;

3. (c) prohibits the development of any human embryo outside the body of a woman for a period of more than 14 days, excluding any period when the development of the embryo is suspended;

4. (d) prohibits the removal of any human embryo from the body of a woman for the purpose of collecting a viable human embryo;

5. (e) prohibits any person from —

   1. (i) placing any human embryo in an animal;

   2. (ii) placing any human embryo in the body of a human, other than in a woman’s reproductive tract; or

1. 1. (iii) placing any animal embryo in the body of a human for any period of gestation;

2. (f) prohibits any person from placing any embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo;

3. (g) prohibits the import and export of any prohibited embryo; and

4. (h) prohibits commercial trading in any human egg, human sperm or human embryo and provides that no person is to give or offer valuable consideration to another person, or receive, or offer to receive, valuable consideration from another person, for the supply of any human egg, human sperm or human embryo.

Supreme Court of Judicature (Amendment) Act 2004

Act 36 of 2004

Long title: An Act to amend the Supreme Court of Judicature Act (Chapter 322 of the 1999 Revised Edition)

Passed by Parliament on: 21 September 2004

Assented to by President on: 27 September 2004

Publication date: 6 October 2004

Commencement...