SINGAPORE LEGISLATION
| Citation | (1999) 11 SAcLJ 492 |
| Published date | 01 December 1999 |
| Author | CHIU HSE YE |
| Date | 01 December 1999 |
DIGEST OF LEGISLATION (from 1st April 1999 to 1st August 1999)
Long Title: An Act to amend the Administration of Muslim Law Act (Chapter 3 of the 1985 Revised Edition) and to make related amendments to the Subordinate Courts Act (Chapter 321 of the 1985 Revised Edition) and the Supreme Court of Judicature Act (Chapter 322 of the 1985 Revised Edition).
Passed by Parliament on: 15th April 1999
Assented to by President on: 30th April 1999
Publication date: 7th May 1999
Commencement date: 1st August 1999
Summary:
This Act was enacted after being considered in the Select Committee. Much controversy surrounded the Administration of Muslim Law (Amendment) Bill since its introduction in Parliament last year and below is a summary of the key provisions of the Act finally enacted this year.
Section 5 is amended to allow the Majlis Ugama Islam, Singapura (MUIS), with the approval of the Minister, to form or participate in the formation of a company or enter into a joint venture or partnership for certain purposes and to do other incidental or necessary acts. Section 7 is amended to provide for the appointment of a temporary President of MUIS in the event of vacancy of the post. Section 26 is amended to allow MUIS to delegate its functions or powers to any member, committee or person, not being judicial or quasi-judicial functions. New sections 34A and 34B were inserted to provide for the appointment of presidents, ad-hoc presidents and a registrar by the President of Singapore to the Syariah Court.
New sections 35A and 35B were inserted to require persons who, after divorce proceedings have been commenced in the Syariah Court or the parties are divorced in the Syariah Court or by registration by a Kadi, intend to commence civil proceedings in any civil court involving disposition or division of property on divorce or custody of children or to continue civil proceedings in any civil court involving the custody of children, to apply for leave from the Syariah Court to commence or continue those proceedings, as the case may be. Parties shall, before commencing or continuing civil proceedings by consent, attend counselling provided by a person appointed by the Syariah Court. Section 35B sets out the circumstances in which the Syariah Court shall stay proceedings.
Section 51 is amended to empower the Syariah Court to vary or rescind orders for maintenance of married women or women who have been divorced in certain circumstances and to create an offence of failing to comply with orders of the Syariah Court made under that section. Section 52 is amended to extend the power of the Syariah Court to make orders in respect of certain matters where a divorce has been registered by a Kadi under section 102. The new subsections (8) to (14) provide for section 112 of the Women’s Charter (Cap.353) (relating to the principles for division of property on divorce) to apply to the Syariah Court.
New section 53A empowers the Syariah Court to enforce its judgments or orders by executing deeds, signing documents or indorsing negotiable instruments on behalf of a party who fails to comply with an order to do so. The new section 53B enables the Syariah Court to order any party to pay the costs of any proceedings under Part III and to assess the amount of such costs. Section 55 is amended to provide for appeal to the Appeal Board from a decision of the Syariah Court in certain cases, including the grant of leave to commence or to continue civil proceedings under the new section 35A. The minimum amount in issue for an appeal is also increased from $25 to $450. The existing subsections (2) and (3) relating to procedures for appeal are deleted. Provision will instead be made by rules. The term of persons appointed to the panel for the Appeal Board is increased from one year to 2 years. Provision is also made for the Appeal Board to award costs of appeals. New section 56A provides for the decision of the Syariah Court and the Appeal Board to be final to make it clear that there is no appeal or review of the decision of the Syariah Court and Appeal Board by the civil courts. The new section 56B protects members and officers of the Syariah Court from suit in certain circumstances.
Sections 64 to 66 are repealed and re-enacted. The new section 64 relates to the annual report of the MUIS. The new section 65 provides for the financial provisions in the new Third Schedule to apply to accounts of any trust, wakaf, nazar or mosque which do not form part of the General Endowment Fund of MUIS. Section 66 makes it compulsory for wakafs to be registered at the office of MUIS. A new Part VA (sections 88A, 88B and 88C) is inserted to deal with halal and Haj matters. Section 88A empowers MUIS to issue halal certificates and to regulate the holders of such certificates and to control the issue of halal certificates and the use of specified halal certification marks. Section 88B enables MUIS to regulate persons providing goods or services for the purposes of the Haj. Section 88C allows MUIS, with the approval of the Minister, to make rules for the purposes of Part VA.
Consequential amendments were made to other laws. A new section 17A is inserted in the Supreme Court of Judicature Act (Cap.322) to confer on the High Court concurrent jurisdiction with the Syariah Court in civil proceedings involving matters relating to maintenance, custody of children,
and disposition or division of property on divorce. The new section 17A(3) provides for stay of proceedings in the High Court in certain circumstances in order to avoid a multiplicity of actions, unless the proceedings are commenced or continued, as the case may be, with the consent of all the parties to the proceedings.
The new section 17A(7) makes it clear that the High Court shall apply the civil law in exercising its concurrent jurisdiction and the new section 17A(8) provides that section 112 of the Women’s Charter shall apply to the High Court in exercising its jurisdiction or powers to hear and try civil proceedings involving the disposition or division of property on divorce between parties who are Muslims.
Since certain proceedings in the High Court under the Women’s Charter (Cap.353) and the Guardianship of Infants Act (Cap. 122) are transferred to the District Courts under section 28A of the Supreme Court of Judicature Act (Cap.322), the Schedule also makes consequential amendments to the Subordinate Courts Act (Cap.321) to extend the operation of the new section 17A to the District Courts. A new section 45 is inserted in the Subordinate Courts Act to empower a District Court to execute deeds, sign documents or indorse negotiable instruments on behalf of any party who fails to comply with a judgment or order of the District Court to do so.
Comments: This Act amends the Administration of Muslim Law Act (Cap.3) to confer concurrent jurisdiction on the civil courts and the Syariah Court in certain matters, to extend the functions of the Majlis Ugama Islam, Singapura, (MUIS) and to extend the powers of the Syariah Court.
Related Legislation: Subordinate Courts Act (Chapter 321 of the 1985 Revised Edition) and the Supreme Court of Judicature Act (Chapter 322 of the 1985 Revised Edition).
Long Title: An Act to amend the Betting and Sweepstake Duties Act (Chapter 22 of the 1985 Revised Edition).
Passed by Parliament on: 18th March 1999
Assented to by President on: 20th March 1999
Publication date: 1st April 1999
Commencement date: 31st March 1999 vide S 150/99.
Summary:
A summary of the key provisions are as follows:
New section 2A which relates to sports betting duty is enacted. Betting at fixed odds on football games or sporting events inside or outside Singapore where the betting is promoted by a person or organisation
that is exempt from all of the provisions of the Betting Act or the Common Gaming Houses Act is chargeable with sports betting duty. Where bets received or negotiated are at fixed odds, the amount of duty is 20% of the gross betting profit of the promoter derived from any particular football game or sporting event. Gross betting profit is the difference between the total bets at fixed odds on a football game or sporting event received or negotiated by the promoter and the winnings in money paid out on the outcome of that game or event. Sports betting duty is payable by the promoter to the Commissioner of Stamp Duties. The Minister may vary the rate of duty from time to time by order in the Gazette.
Section 4 is amended to require promoters of sweepstakes and betting to keep books of accounts in respect of each sweepstake and all bets received. Promoters of betting at fixed odds on football games and sporting events are required to submit additional particulars about the winnings paid on the results of a football game or sporting event. Sports betting duty will be payable within 15 days (or such longer period as the Commissioner of Stamp Duties may allow) after the date on which the football game or sporting event takes place. Racing clubs or associations promoting sweepstakes are given more days — from 7 to 15 days — to pay the duty chargeable on the sweepstake and to deliver the statement of contributions to the sweepstake to the Commissioner of Stamp Duties.
Comments: This Act amends the Betting and Sweepstake Duties Act (Cap. 22) to introduce a sports betting duty on bets at fixed odds on football games or sporting events by persons or organisations which are exempted from all the provisions of the Betting Act (Cap. 21) or the Common Gaming Houses Act (Cap. 49).
Long Title: An Act to amend the Environmental Public Health Act (Chapter 95 of the 1988 Revised Edition).
Passed by Parliament on: 4th May 1999
Assented to by...
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