Law of Singapore
Encyclopedia
The legal system of Singapore
is based on the English common law system. Major areas of law – particularly administrative law
, contract law
, equity and trust law, property law
and tort law
– are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law
, company law
and family law
, are almost completely statutory in nature.
Apart from referring to relevant Singaporean cases, judges continue to refer to English case law
where the issues pertain to a traditional common-law area of law, or involve the interpretation of Singaporean statutes based on English enactments or English statutes applicable in Singapore. These days, there is also a greater tendency to consider decisions of important Commonwealth
jurisdictions such as Australia
and Canada
, particularly if they take a different approach from English law
.
Certain Singapore statutes are not based on English enactments but on legislation from other jurisdictions. In such situations, court decisions from those jurisdictions on the original legislation are often examined. Thus, Indian law
is sometimes consulted in the interpretation of the Evidence Act and the Penal Code
, which were based on Indian statutes.
On the other hand, where the interpretation of the Constitution of Singapore
is concerned, courts remain reluctant to take into account foreign legal materials on the basis that a constitution should primarily be interpreted within its own four walls rather than in the light of analogies from other jurisdictions; and because economic, political, social and other conditions in foreign countries are perceived to be different.
Certain laws such as the Internal Security Act
(which authorizes detention without trial in certain circumstances) and the Societies Act (which regulates the formation of associations) that were enacted during British rule in Singapore remain in the statute book, and both corporal
and capital punishment
are still in use.
Modern Singapore was founded on 6 February 1819 by Sir Stamford Raffles
, an officer of the British East India Company
and Lieutenant-Governor of Bencoolen
, in an attempt to counter Dutch domination of trade in the East. Permission for the East India Company to set up a "factory" on the island was obtained from the Sultan of Johor
and Temenggung
of Johor on that date, and outright cession
of Singapore took place in 1824. It has been suggested that prior to British acquisition of the island, the Malay
chief in charge of Singapore was the Temenggung of Johor. The Johor Sultanate
was the successor of the Malacca Sultanate
, both of which had their own codes of law. It is also possible that adat law
, often inadequately translated as "customary law", governed the inhabitants of the island prior to its acquisition by the British. However, little, if anything, is known about the laws that were actually applicable. The British have always assumed that no law prevailed on the island of Singapore when it was acquired.
In 1823 Raffles promulgated "Regulations" for the administration of the island. Regulation III of 20 January 1823 established a magistracy
which had jurisdiction over "all descriptions of persons resorting under the British flag". The magistrates were enjoined to "follow the course of the British magistracy, as far as local circumstances permit, avoiding technicalities and unnecessary forms as much as possible, and executing the duties of their office with temper and discretion, according to the best of their judgment and conscience and the principles of substantial justice". Raffles' Regulations were most likely illegal as he was acting beyond the scope of his legal powers in making them – although he had power to place the factory at Singapore under the jurisdiction of Bencoolen, he was not vested with power to place the entire island under Bencoolen's control. In this respect, he had treated Singapore as if the entire island had been ceded to the British when the Treaty with the Sultan and the Temenggung had only permitted the establishment of a trading factory.
The same year, Raffles appointed John Crawfurd
as Resident of Singapore. Crawfurd doubted the legitimacy of the judicial system set up by Raffles, and annulled proceedings in which magistrates had ordered the flogging of gamblers and the seizure of their properties. He eventually abolished the magistracy, replacing it with a Court of Requests
overseen by an Assistant Resident which dealt with minor civil cases, and a Resident's Court hearing all other cases which he himself presided over. Crawfurd had no authoritative guide to the applicable law, so he decided cases on "general principles of English law", taking into account so far as he could the "character and manners of the different classes" of local inhabitants. Unfortunately, Crawfurd's courts also lacked legal foundation, and he had no legal powers over Europeans in Singapore. Serious cases involving British subjects had to be referred to Calcutta; otherwise, all he could do was to banish them from the island.
Despite the dubious legal status of the courts established in Singapore by Raffles and Crawfurd, they indicate that the de facto position was that between 1819 and 1826 English legal principles applied to Singapore.
On 24 June 1824 Singapore and Malacca were formally transferred to the East India Company's administration by the Transfer of Singapore to East India Company, etc. Act 1824. By virtue of the Fort Marlborough in India Act 1802 both territories, together with others in the region ceded to Britain by the Netherlands
, became subordinate to the Presidency
of Fort William
in Bengal
, and under the Government of India Act 1800 these territories became subject to the jurisdiction
of the Supreme Court
of Fort William.
The Indian Salaries and Pensions Act 1825 authorized the East India Company to place Singapore and Malacca under the administration of Prince of Wales' Island (now Penang
). The Company did so, thus creating the Straits Settlements
.
providing for the administration of justice in the Straits Settlements. The East India Company petitioned the Crown for the grant of such letters patent establishing "such Courts and Judicatures for the due administration of Justice and the security of the persons rights and property of the Inhabitants and the Public Revenue of and the Trial and Punishment of Capital and other Offences committed and the repression of vice within the said Settlement of Prince of Wales’ Island Singapore and Malacca…"
Granting the petition, the Crown issued the Second Charter of Justice on 27 November 1826. The Charter established the Court of Judicature of Prince of Wales' Island, Singapore and Malacca, which was conferred "full Power and Authority… to give and pass Judgment and Sentence according to Justice and Right". This key clause was later judicially interpreted to have introduced English law into the Straits Settlements. The present understanding of this clause is that it made all English statutes and principles of English common law
and equity in force as at 27 November 1826 applicable in the Straits Settlements (including Singapore), unless they were both unsuitable to local conditions and could not be modified to avoid causing injustice or oppression.
The Charter provided that the Court of Judicature was to be presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder
. Problems occurred with the first Recorder, Sir John Thomas Claridge. He complained that the Governor and Resident Councillors had refused to take any judicial business, and so responded by also refusing to take on the full business of the Court. He also bemoaned the lack of a "full, efficient and respectable court establishment of clerks, interpreters. etc." Although expected to travel from his base at Prince of Wales' Island to Singapore and Malacca, due to disputes over travelling expenses and arrangements, Claridge refused to do so. Thus, on 22 May 1828 the Governor Robert Fullerton, together with the Resident Councillor Kenneth Murchison, were obliged to hold the first assizes
in Singapore by themselves. Claridge was eventually recalled to the UK in 1829.
The Charter conferred no legislative power on the Governor and Council of Prince of Wales' Island or, indeed, on any other individual or institution. The general power to make laws was vested with the Supreme Government of India and the British Parliament. By the East India Company Act 1813 (also known as the Charter Act 1813), Prince of Wales' Island itself had been conferred an extremely limited power to issue regulations relating to duties and taxes it was empowered to levy; pursuant to this power, it issued nine regulations that applied to the Straits Settlements. However, on 20 June 1830 the East India Company reduced the status of Prince of Wales' Island from a Presidency to a Residency. The island thus lost power to legislate for the Straits Settlements, which power was assumed by the Governor General of Bengal. He issued four such regulations applicable to the Straits Settlements.
Upon the downgrading of the Straits Settlements, the offices of Governor and Resident Councillors were abolished. This led Governor Fullerton to conclude that neither he nor the Resident Councillors were empowered any longer to administer justice under the Second Charter. In late 1830, Fullerton closed the courts and dismissed the judicial establishment before leaving for England. This led to legal chaos. Members of the mercantile community were in an uproar as they felt the ensuing confusion and inconvenience of having no local courts would disrupt commercial activity. In Singapore the Deputy Resident Murchison felt compelled to convene a court. However, the Acting Registrar James Loch took the view that the court was illegal, and it was soon closed again. In September 1831 merchants of the Straits Settlements appealed to the British Parliament. By then, the East India Company had already decided that Fullerton had been mistaken. It decided to restore the titles of Governor and Resident Councillor so that these officers could continue to administer justice pursuant to the Charter. On 9 June 1832 the Court of Judicature reopened at Prince of Wales' Island, and disposed of many outstanding cases that had amassed during the two years when the courts were closed.
In 1833, the Government of India Act 1833 (also known as the Charter Act 1833) was passed by the British Parliament for the better government of the East India Company's possessions. Sole legislative power was transferred to the Governor General of India in Council, thus inaugurating the period of Straits Settlements history known as the period of the "Indian Acts".
The Court of Judicature was reorganized by the Third Charter of Justice of 12 August 1855. The Straits Settlements now had two Recorders, one for Prince of Wales' Island, the other for Singapore and Malacca.
In 1858 the East India Company was abolished, and territories formerly administered by the Company were transferred to the Crown acting through the recently appointed Secretary of State for India
. This was effected by the Government of India Act 1858. There was no change to the structure of the legal system – the Governor General of India continued to legislate for the Straits Settlements.
Unfortunately, many Acts passed by the Governor General during this period were not relevant to the Straits Settlements, and it was difficult to determine which were applicable. The situation was remedied by the passing of the Statute Law Revision Ordinance 1889 (No. 8 of 1889) (Ind.), which appointed commissioners to enquire into the matter and empowered them to publish a volume containing the text of any Indian Acts regarded as being in force. Any Acts not included ceased to be applicable forthwith.
by way of the Straits Settlements Act 1866. A separate Legislative Council
with the authority to make laws was set up for the Straits Settlements. Pieces of legislation passed by the Legislative Council were known as "ordinances".
By the Supreme Court Ordinance 1868 (S.S.), the Court of Judicature of the Straits Settlements was abolished, and in its place the Supreme Court of the Straits Settlements was established. The Governor and Resident Councillors ceased to be judges of the Court.
In 1873, the Supreme Court was reconstituted to consist of the Chief Justice
and the Judge at Penang as well as a Senior and a Junior Puisne Judge. There were two divisions of the court, one at Singapore and Malacca and the other at Penang. As Singapore had become the Straits Settlements' centre of government and trade, the Chief Justice and Senior Puisne Judge were required to reside in Singapore, while the Judge of Penang and the Junior Puisne Judge resided in Penang. The Supreme Court was also conferred with jurisdiction to sit as a Court of Appeal
in civil matters
. Following changes in the court structure in England, in 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. The first hierarchy of courts was also established, consisting of the Supreme Court of the Straits Settlements, Courts of Request, Courts of Two Magistrates, Magistrates' Courts, Coroners' Courts and Justices of the Peace. Appeals from decisions of the Supreme Court lay in the first instance to the Court of Appeal, and then to Her Majesty in Council, the latter appeals being heard by the Judicial Committee of Her Britannic Majesty's Privy Council
.
Also in 1878, a provision later known as section 5 of the Civil Law Act was introduced into Straits Settlements law. The provision stated that if a question or issue arose locally with respect to certain named categories of law or with respect to mercantile law generally, the law to be administered was to be the same as that administered in England at the corresponding period, unless other provision had been made by any law having force locally. It was felt the provision was needed because the Straits Settlements Supreme Court had a tendency to follow English case law premised on the existence of statutes that were not in force in the Colony. There was also a general sentiment that the common law should be common to the whole Empire. However, the manner in which section 5 was worded created much difficulty in determining whether particular English statutes applied locally. Despite major amendments to the provision in 1979, the problems with it were not resolved until it was finally repealed in 1993 (see below).
Under the Courts Ordinance Amendment 1885 (S.S.), the set-up of the Supreme Court was again altered so that it now consisted of the Chief Justice and three puisne judges. In 1907 the jurisdiction of the Supreme Court was given a major overhaul. The Court was split into two divisions – a Civil Division and a Criminal Division, each with both original
and appellate jurisdiction
. District Courts and Police Courts, which replaced the Magistrates' Courts, were also established. The Court of Requests, the jurisdiction of which had been drastically reduced in the intervening years, was abolished. The last major changes in the court system before World War II took place in 1934 when a Court of Criminal Appeal, essentially an extension of the Supreme Court's jurisdiction, was created, and in 1936 when it was declared that the Supreme Court would consist of a High Court and Court of Appeal.
During World War II
, Singapore fell under Japanese Military Administration on 15 February 1942. There is much confusion as to where legislative authority lay, as there were several government or military bodies which had the power to make laws. These were, in order of descending authority, the Supreme Command of the Southern Army Headquarters, the 25th Army Headquarters, the Military Administration Department, the Malay (Malayan) Military Administration Headquarters, and the City Government of Tokubetu-si. Numerous regulations, laws and notices were issued by all these bodies through the Tokubetu-si without adhering to the normal chain of command. Although these laws were often contradictory, the body higher in the hierarchy always prevailed.
When the Japanese occupation of Singapore
began, all existing courts ceased to function. By a decree of 7 April 1942, a Military Court of Justice of the Nippon Army was established, and the civil courts were reopened by a proclamation dated 27 May. This Proclamation made all former British laws applicable so long as they did not interfere with the Military Administration. The highest court was the Syonan Koto-Hoin (Syonan Supreme Court) which was opened on 29 May. Although a court of appeal was constituted, it never sat.
There is some disagreement as to the status of judgments handed down by courts during the Japanese Occupation. The view has been taken by some post-Occupation courts that decisions by Japanese tribunals applying the law were valid. Others have held that since the Japanese administration did not set up tribunals in compliance with the requirements of Straits Settlements law, while the law continued to apply there were no proper courts in existence to enforce it.
The Japanese surrendered on 12 September 1945. By Proclamation No. 1 (1945), the Supreme Allied Commander
South East Asia
established the British Military Administration
which assumed full judicial, legislative, executive and administrative powers and responsibilities and conclusive jurisdiction over all persons and property throughout such areas of Malaya as were at any given time under the control of forces under his command. The Proclamation also declared that all laws and customs existing immediately prior to the Japanese Occupation would be respected, except that such of the existing law as the Chief Civil Affairs Officer considered practicable to administer during the period of military administration. Otherwise, all proclamations and legislative enactments of whatever kind issued by or under the authority of the Japanese Military Administration ceased to have effect.
By Proclamation No. 23 (1945), the Deputy Chief Civil Affairs Officer for the Singapore Division provided that every conviction of any offence by a tribunal established by the Japanese Military Administration was quashed, and any judgment convicting or purporting to convict any person or any offence was set aside. Civil proceedings were dealt with by the Japanese Judgments and Civil Proceedings Ordinance 1946 (No. 3 of 1946), which had the effect of permitting post-Occupation courts to review the decrees of Japanese tribunals and to confirm, modify or reverse them.
In 1958 Singapore was granted internal self-government and became the State of Singapore. This change was put into place by the Singapore (Constitution) Order in Council 1958 made under powers conferred by the State of Singapore Act 1958. The Legislative Council was transformed into a Legislative Assembly consisting mainly of elected members.
During this period, the basic structure of the courts remained much as it had been in the pre-war colonial era, with only minor changes being made such as the redesignation of the Police Courts as Magistrates' Courts in 1955.
. Article 75 of the Federal Constitution also stated: "If any state law is inconsistent with a federal law, the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void."
During this period, a substantial number of Malaysian laws, including Federated Malay States
Enactments and Malayan Union
and Federation of Malaya
Ordinances, were extended to Singapore. Some of these statutes continue to apply, often in modified form, in Singapore today.
Under the Malaysia Act 1963, the judicial power of Malaysia was vested in a Federal Court, a High Court in Malaya, a High Court in Borneo and a High Court in Singapore. This new structure was formalized with effect from 16 March 1964 through the Courts of Judicature Act 1964 (M'sia), which replaced the Supreme Court of the Colony of Singapore with the High Court of Malaysia in Singapore. The jurisdiction of the High Court in Singapore was limited to all territory in the State of Singapore.
. This was effected by the signing of the Independence of Singapore Agreement of 7 August 1965 by Singapore and Malaysia, and the changes consequent to the Agreement were implemented by two Malaysian Acts, the Constitution and Malaysia (Singapore Amendment) Act 1965 and the Constitution (Amendment) Act 1966; and by two Singapore Acts, the Constitution (Amendment) Act 1965 and the Republic of Singapore Independence Act 1965. Section 5 of the latter Act provided that the legislative powers of the Yang di-Pertuan Agong
, the supreme ruler of Malaysia, ceased to extend to Singapore, and vested instead in the Head of State (that is, the President of Singapore
) and the Legislature of Singapore. Again, all laws were expressed to continue in force with such modifications, adaptations, qualifications and exceptions as might be necessary to bring them into conformity with the independent status of Singapore upon separation from Malaysia. Today, the Parliament of Singapore
is an organ of state with plenary power
to enact legislation for Singapore.
At the time of independence, the Singapore Parliament did not make any changes to the judicial system. Thus, for an anomalous four-year period, the High Court in Singapore remained part of the Malaysian court structure. This was remedied in 1969, when the Constitution was amended to establish the Supreme Court of Singapore replacing the Federal Court of Malaysia with respect to Singapore, while retaining the Judicial Committee of the Privy Council
in London as Singapore's court of final appeal. The Supreme Court was organized into two divisions: the upper division consisted of the Court of Appeal and the Court of Criminal Appeal, which respectively dealt with civil and criminal matters; the lower division being the High Court of Singapore
.
In 1970 the subordinate courts were reorganized. Since that time, the Subordinate Courts of Singapore have consisted of the District Courts, the Magistrates' Courts, the Juvenile Courts and the Coroners' Courts.
Steps to restrict appeals to the Privy Council were first taken in 1989. In that year, the law was changed such that appeals to the Privy Council would only be permitted in a civil case if all the parties agreed to such an appeal prior to the hearing of the case by the Court of Appeal. In criminal cases, an appeal to the Privy Council could only be taken if the death penalty was involved and if the judges of the Court of Criminal Appeal were not unanimous in their decision. These changes came shortly after the Privy Council restored a prominent opposition Member of Parliament Joshua Benjamin Jeyaretnam
to the roll of advocates and solicitors of the Supreme Court of Singapore after he had been struck off for a criminal conviction for making false statements in a statutory declaration
; the court described the conviction as "a grievous injustice". In 1993, the previous set-up of a separate Court of Appeal and Court of Criminal Appeal was done away with, and in their place a unified Court of Appeal was constituted for both civil and criminal appeals. Judges of Appeal appointed to the Court of Appeal were no longer required to engage in High Court work. The Chief Justice sat as the President of the Court of Appeal. The establishment of the permanent Court of Appeal paved the way for the abolition of all appeals to the Privy Council with effect from 8 April 1994. Following this, the Court of Appeal issued a Practice Statement dated 11 July 1994, stating that while the Court would treat its own prior decisions and those of the Privy Council as normally binding, where it appeared that adherence to such decisions "would cause injustice in a particular case or constrain the development of the law in conformity with the circumstances of Singapore" it would regard itself as free to depart from such decisions. It added that this power would be exercised sparingly, bearing in mind the danger of retrospectively disturbing contractual, proprietary and other legal rights. Today the Singapore Court of Appeal
is the highest court in the land.
The independent status of Singapore's legal system was underlined by the repeal of section 5 of the Civil Law Act (see above) on 12 November 1993 by the Application of English Law Act 1993. The Act aims to clarify the extent of the application of English law in Singapore. It states that the common law of England (including the principles and rules of equity), so far as it was part of the law of Singapore immediately before the commencement of the Act, continues to be part of Singapore law so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require. As for English statutes, only those that are listed in the Schedules to the Act apply or continue to apply in Singapore; no other English enactment is part of Singapore law.
, judicial precedents
(case law
) and custom
.
, can be divided into statutes and subsidiary legislation. Statute
s are written laws enacted by the Singapore Parliament, as well as by other bodies such as the British Parliament, Governor-General of India in Council and Legislative Council of the Straits Settlements which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repeal
ed. One particularly important statute is the Constitution of the Republic of Singapore
, which is the supreme law of Singapore – any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993 (see above), are published in looseleaf form in a series called the Statutes of the Republic of Singapore which is gathered in red binders, and are also accessible on-line from Singapore Statutes Online, a free service provided by the Attorney-General's Chambers of Singapore.
Subsidiary legislation
, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards
under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Subsidiary legislation currently in force in Singapore is published in looseleaf form in a series called the Subsidiary Legislation of the Republic of Singapore which is gathered in black binders. New subsidiary legislation published in the Gazette may be viewed for free on-line for five days on the Electronic Gazette website.
, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law
, equity and trust law, property law
and tort law
, are largely judge-made, though certain aspects have now been modified to some extent by statutes. Since 1992, judgments of the High Court, Court of Appeal and Constitutional Tribunal of Singapore have appeared in the Singapore Law Reports (SLR), which is published by the Singapore Academy of Law
under an exclusive licence from the Supreme Court of Singapore
. The Academy has also republished cases decided since Singapore's full independence in 1965 in special volumes of the SLR, and is currently working on a reissue of this body of case law. Cases published in the SLR as well as unreported judgments of the Supreme Court and Subordinate Courts are available on-line from a fee-based service called LawNet, which is also managed by the Academy. Outside Singapore, Malaysia and Brunei, they are available on-line from another fee-based service called Justis.
is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have the force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition.
. Other important offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act
and Vandalism Act
.
In addition, Singapore society is highly regulated through the criminalization of many activities which are considered as fairly harmless in other countries. These include failing to flush toilets after use, litter
ing, jaywalking
, the possession of pornography
, the sale of chewing gum
, and sexual activity such as oral
and anal sex
between men. Nonetheless, Singapore is one of the countries with the least crime in the world, with a low incidence of violent crimes.
Singapore retains both corporal punishment
(in the form of caning
) and capital punishment
(by hanging
) as punishments for serious offences. For certain offences, the imposition of these penalties is mandatory.
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
is based on the English common law system. Major areas of law – particularly administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, contract law
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, equity and trust law, property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
and tort law
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
– are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law
Criminal law of Singapore
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal Code...
, company law
Corporations law
Companies law is the field of law concerning companies and other business organizations. This includes corporations, partnerships and other associations which usually carry on some form of economic or charitable activity. The most prominent kind of company, usually referred to as a "corporation",...
and family law
Family law of Singapore
The Family law of Singapore deals with several family legal issues in Singapore. It deals with adoptions, divorce, children's issues, division of matrimony property, personal protection orders and maintenance. The family court in Singapore oversees these legal issues.Singapore has two separate and...
, are almost completely statutory in nature.
Apart from referring to relevant Singaporean cases, judges continue to refer to English case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
where the issues pertain to a traditional common-law area of law, or involve the interpretation of Singaporean statutes based on English enactments or English statutes applicable in Singapore. These days, there is also a greater tendency to consider decisions of important Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
jurisdictions such as Australia
Law of Australia
The law of Australia consists of the Australian common law , federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories...
and Canada
Law of Canada
The Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the United Kingdom and later a member of the Commonwealth of Nations. Quebec, however, still retains a civil system for issues of private law...
, particularly if they take a different approach from English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
.
Certain Singapore statutes are not based on English enactments but on legislation from other jurisdictions. In such situations, court decisions from those jurisdictions on the original legislation are often examined. Thus, Indian law
Indian law
Law of India refers to the system of law in modern India. It is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislation...
is sometimes consulted in the interpretation of the Evidence Act and the Penal Code
Penal Code (Singapore)
The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating...
, which were based on Indian statutes.
On the other hand, where the interpretation of the Constitution of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
is concerned, courts remain reluctant to take into account foreign legal materials on the basis that a constitution should primarily be interpreted within its own four walls rather than in the light of analogies from other jurisdictions; and because economic, political, social and other conditions in foreign countries are perceived to be different.
Certain laws such as the Internal Security Act
Internal Security Act (Singapore)
The Internal Security Act of Singapore is a law that allows the Singapore government to investigate security threats like international terrorism, foreign subversion, espionage and acts of violence or hatred using race or religion...
(which authorizes detention without trial in certain circumstances) and the Societies Act (which regulates the formation of associations) that were enacted during British rule in Singapore remain in the statute book, and both corporal
Caning in Singapore
Caning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
and capital punishment
Capital punishment in Singapore
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
are still in use.
Before 1826
Stamford Raffles
Sir Thomas Stamford Bingley Raffles, FRS was a British statesman, best known for his founding of the city of Singapore . He is often described as the "Father of Singapore"...
, an officer of the British East India Company
British East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
and Lieutenant-Governor of Bencoolen
Bengkulu
Bengkulu is a province of Indonesia. It is on the southwest coast of the island of Sumatra, and borders the provinces of West Sumatra, Jambi, South Sumatra and Lampung. The capital and largest city is Bengkulu city. It was formerly the site of a British garrison, which they called Bencoolen...
, in an attempt to counter Dutch domination of trade in the East. Permission for the East India Company to set up a "factory" on the island was obtained from the Sultan of Johor
Sultan of Johor
Sultan of Johor is a hereditary seat and the nominal ruler of the Malaysian state of Johor. In the past, the sultan held absolute power over the state and was advised by a bendahara...
and Temenggung
Temenggung
Temenggung is an ancient Malay title of nobility, usually given to the chief of public security. The Temenggung is usually responsible for the safety of the monarch as well as the state police and army...
of Johor on that date, and outright cession
Cession
The act of Cession, or to cede, is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty...
of Singapore took place in 1824. It has been suggested that prior to British acquisition of the island, the Malay
Malay people
Malays are an ethnic group of Austronesian people predominantly inhabiting the Malay Peninsula, including the southernmost parts of Thailand, the east coast of Sumatra, the coast of Borneo, and the smaller islands which lie between these locations...
chief in charge of Singapore was the Temenggung of Johor. The Johor Sultanate
Johor Sultanate
The Sultanate of Johor was founded by Malaccan Sultan Mahmud Shah's son, Sultan Alauddin Riayat Shah II in 1528. Johor was part of the Malaccan Sultanate before the Portuguese conquered Malacca's capital in 1511...
was the successor of the Malacca Sultanate
Malacca Sultanate
Established by the Malay ruler Parameswara, the Sultanate of Malacca was first a Hindu kingdom in 1402 and later became Muslim following the marriage of the princess of Pasai in 1409. Centered in the modern town of Malacca, the sultanate bordered the Ayutthaya Kingdom of Siam in the north to...
, both of which had their own codes of law. It is also possible that adat law
Adat
Adat in Indonesian-Malay culture is the set of cultural norms, values, customs and practices found among specific ethnic groups in Indonesia, the southern Philippines and Malaysia...
, often inadequately translated as "customary law", governed the inhabitants of the island prior to its acquisition by the British. However, little, if anything, is known about the laws that were actually applicable. The British have always assumed that no law prevailed on the island of Singapore when it was acquired.
In 1823 Raffles promulgated "Regulations" for the administration of the island. Regulation III of 20 January 1823 established a magistracy
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
which had jurisdiction over "all descriptions of persons resorting under the British flag". The magistrates were enjoined to "follow the course of the British magistracy, as far as local circumstances permit, avoiding technicalities and unnecessary forms as much as possible, and executing the duties of their office with temper and discretion, according to the best of their judgment and conscience and the principles of substantial justice". Raffles' Regulations were most likely illegal as he was acting beyond the scope of his legal powers in making them – although he had power to place the factory at Singapore under the jurisdiction of Bencoolen, he was not vested with power to place the entire island under Bencoolen's control. In this respect, he had treated Singapore as if the entire island had been ceded to the British when the Treaty with the Sultan and the Temenggung had only permitted the establishment of a trading factory.
The same year, Raffles appointed John Crawfurd
John Crawfurd
John Crawfurd , Scottish physician, and colonial administrator and author, was born in the island of Islay, Scotland...
as Resident of Singapore. Crawfurd doubted the legitimacy of the judicial system set up by Raffles, and annulled proceedings in which magistrates had ordered the flogging of gamblers and the seizure of their properties. He eventually abolished the magistracy, replacing it with a Court of Requests
Court of Requests
The Court of Requests was a minor equity court in England and Wales. Created at an unknown date, it first became a formal tribunal with some Privy Council elements under Henry VII, hearing cases from the poor and the servants of the King. It quickly became popular due to the low cost of bringing a...
overseen by an Assistant Resident which dealt with minor civil cases, and a Resident's Court hearing all other cases which he himself presided over. Crawfurd had no authoritative guide to the applicable law, so he decided cases on "general principles of English law", taking into account so far as he could the "character and manners of the different classes" of local inhabitants. Unfortunately, Crawfurd's courts also lacked legal foundation, and he had no legal powers over Europeans in Singapore. Serious cases involving British subjects had to be referred to Calcutta; otherwise, all he could do was to banish them from the island.
Despite the dubious legal status of the courts established in Singapore by Raffles and Crawfurd, they indicate that the de facto position was that between 1819 and 1826 English legal principles applied to Singapore.
On 24 June 1824 Singapore and Malacca were formally transferred to the East India Company's administration by the Transfer of Singapore to East India Company, etc. Act 1824. By virtue of the Fort Marlborough in India Act 1802 both territories, together with others in the region ceded to Britain by the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, became subordinate to the Presidency
Bengal Presidency
The Bengal Presidency originally comprising east and west Bengal, was a colonial region of the British Empire in South-Asia and beyond it. It comprised areas which are now within Bangladesh, and the present day Indian States of West Bengal, Assam, Bihar, Meghalaya, Orissa and Tripura.Penang and...
of Fort William
Fort William, India
Fort William is a fort built in Calcutta on the Eastern banks of the River Hooghly, the major distributary of the River Ganges, during the early years of the Bengal Presidency of British India. It was named after King William III of England...
in Bengal
Bengal
Bengal is a historical and geographical region in the northeast region of the Indian Subcontinent at the apex of the Bay of Bengal. Today, it is mainly divided between the sovereign land of People's Republic of Bangladesh and the Indian state of West Bengal, although some regions of the previous...
, and under the Government of India Act 1800 these territories became subject to the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of Fort William.
The Indian Salaries and Pensions Act 1825 authorized the East India Company to place Singapore and Malacca under the administration of Prince of Wales' Island (now Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
). The Company did so, thus creating the Straits Settlements
Straits Settlements
The Straits Settlements were a group of British territories located in Southeast Asia.Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under direct British control as a crown colony on 1 April 1867...
.
1826–1867: The "Indian period"
The statute 6 Geo. IV c. 85 empowered the British Crown to issue letters patentLetters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
providing for the administration of justice in the Straits Settlements. The East India Company petitioned the Crown for the grant of such letters patent establishing "such Courts and Judicatures for the due administration of Justice and the security of the persons rights and property of the Inhabitants and the Public Revenue of and the Trial and Punishment of Capital and other Offences committed and the repression of vice within the said Settlement of Prince of Wales’ Island Singapore and Malacca…"
Granting the petition, the Crown issued the Second Charter of Justice on 27 November 1826. The Charter established the Court of Judicature of Prince of Wales' Island, Singapore and Malacca, which was conferred "full Power and Authority… to give and pass Judgment and Sentence according to Justice and Right". This key clause was later judicially interpreted to have introduced English law into the Straits Settlements. The present understanding of this clause is that it made all English statutes and principles of English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and equity in force as at 27 November 1826 applicable in the Straits Settlements (including Singapore), unless they were both unsuitable to local conditions and could not be modified to avoid causing injustice or oppression.
The Charter provided that the Court of Judicature was to be presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
. Problems occurred with the first Recorder, Sir John Thomas Claridge. He complained that the Governor and Resident Councillors had refused to take any judicial business, and so responded by also refusing to take on the full business of the Court. He also bemoaned the lack of a "full, efficient and respectable court establishment of clerks, interpreters. etc." Although expected to travel from his base at Prince of Wales' Island to Singapore and Malacca, due to disputes over travelling expenses and arrangements, Claridge refused to do so. Thus, on 22 May 1828 the Governor Robert Fullerton, together with the Resident Councillor Kenneth Murchison, were obliged to hold the first assizes
Assizes
Assize or Assizes may refer to:Assize or Assizes may refer to:Assize or Assizes may refer to::;in common law countries :::*assizes , an obsolete judicial inquest...
in Singapore by themselves. Claridge was eventually recalled to the UK in 1829.
The Charter conferred no legislative power on the Governor and Council of Prince of Wales' Island or, indeed, on any other individual or institution. The general power to make laws was vested with the Supreme Government of India and the British Parliament. By the East India Company Act 1813 (also known as the Charter Act 1813), Prince of Wales' Island itself had been conferred an extremely limited power to issue regulations relating to duties and taxes it was empowered to levy; pursuant to this power, it issued nine regulations that applied to the Straits Settlements. However, on 20 June 1830 the East India Company reduced the status of Prince of Wales' Island from a Presidency to a Residency. The island thus lost power to legislate for the Straits Settlements, which power was assumed by the Governor General of Bengal. He issued four such regulations applicable to the Straits Settlements.
Upon the downgrading of the Straits Settlements, the offices of Governor and Resident Councillors were abolished. This led Governor Fullerton to conclude that neither he nor the Resident Councillors were empowered any longer to administer justice under the Second Charter. In late 1830, Fullerton closed the courts and dismissed the judicial establishment before leaving for England. This led to legal chaos. Members of the mercantile community were in an uproar as they felt the ensuing confusion and inconvenience of having no local courts would disrupt commercial activity. In Singapore the Deputy Resident Murchison felt compelled to convene a court. However, the Acting Registrar James Loch took the view that the court was illegal, and it was soon closed again. In September 1831 merchants of the Straits Settlements appealed to the British Parliament. By then, the East India Company had already decided that Fullerton had been mistaken. It decided to restore the titles of Governor and Resident Councillor so that these officers could continue to administer justice pursuant to the Charter. On 9 June 1832 the Court of Judicature reopened at Prince of Wales' Island, and disposed of many outstanding cases that had amassed during the two years when the courts were closed.
In 1833, the Government of India Act 1833 (also known as the Charter Act 1833) was passed by the British Parliament for the better government of the East India Company's possessions. Sole legislative power was transferred to the Governor General of India in Council, thus inaugurating the period of Straits Settlements history known as the period of the "Indian Acts".
The Court of Judicature was reorganized by the Third Charter of Justice of 12 August 1855. The Straits Settlements now had two Recorders, one for Prince of Wales' Island, the other for Singapore and Malacca.
In 1858 the East India Company was abolished, and territories formerly administered by the Company were transferred to the Crown acting through the recently appointed Secretary of State for India
Secretary of State for India
The Secretary of State for India, or India Secretary, was the British Cabinet minister responsible for the government of India and the political head of the India Office...
. This was effected by the Government of India Act 1858. There was no change to the structure of the legal system – the Governor General of India continued to legislate for the Straits Settlements.
Unfortunately, many Acts passed by the Governor General during this period were not relevant to the Straits Settlements, and it was difficult to determine which were applicable. The situation was remedied by the passing of the Statute Law Revision Ordinance 1889 (No. 8 of 1889) (Ind.), which appointed commissioners to enquire into the matter and empowered them to publish a volume containing the text of any Indian Acts regarded as being in force. Any Acts not included ceased to be applicable forthwith.
1867–1942: The Straits Settlements as a Crown colony
On 1 April 1867, the Straits Settlements were detached from India and constituted as a separate Crown colonyBritish overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
by way of the Straits Settlements Act 1866. A separate Legislative Council
Legislative Council of the Straits Settlements
The Legislative Council of the Straits Settlements was a legislature formed on April 1, 1867, when the Straits Settlements was made a crown colony...
with the authority to make laws was set up for the Straits Settlements. Pieces of legislation passed by the Legislative Council were known as "ordinances".
By the Supreme Court Ordinance 1868 (S.S.), the Court of Judicature of the Straits Settlements was abolished, and in its place the Supreme Court of the Straits Settlements was established. The Governor and Resident Councillors ceased to be judges of the Court.
In 1873, the Supreme Court was reconstituted to consist of the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and the Judge at Penang as well as a Senior and a Junior Puisne Judge. There were two divisions of the court, one at Singapore and Malacca and the other at Penang. As Singapore had become the Straits Settlements' centre of government and trade, the Chief Justice and Senior Puisne Judge were required to reside in Singapore, while the Judge of Penang and the Junior Puisne Judge resided in Penang. The Supreme Court was also conferred with jurisdiction to sit as a Court of Appeal
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
in civil matters
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
. Following changes in the court structure in England, in 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. The first hierarchy of courts was also established, consisting of the Supreme Court of the Straits Settlements, Courts of Request, Courts of Two Magistrates, Magistrates' Courts, Coroners' Courts and Justices of the Peace. Appeals from decisions of the Supreme Court lay in the first instance to the Court of Appeal, and then to Her Majesty in Council, the latter appeals being heard by the Judicial Committee of Her Britannic Majesty's Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Also in 1878, a provision later known as section 5 of the Civil Law Act was introduced into Straits Settlements law. The provision stated that if a question or issue arose locally with respect to certain named categories of law or with respect to mercantile law generally, the law to be administered was to be the same as that administered in England at the corresponding period, unless other provision had been made by any law having force locally. It was felt the provision was needed because the Straits Settlements Supreme Court had a tendency to follow English case law premised on the existence of statutes that were not in force in the Colony. There was also a general sentiment that the common law should be common to the whole Empire. However, the manner in which section 5 was worded created much difficulty in determining whether particular English statutes applied locally. Despite major amendments to the provision in 1979, the problems with it were not resolved until it was finally repealed in 1993 (see below).
Under the Courts Ordinance Amendment 1885 (S.S.), the set-up of the Supreme Court was again altered so that it now consisted of the Chief Justice and three puisne judges. In 1907 the jurisdiction of the Supreme Court was given a major overhaul. The Court was split into two divisions – a Civil Division and a Criminal Division, each with both original
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
and appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
. District Courts and Police Courts, which replaced the Magistrates' Courts, were also established. The Court of Requests, the jurisdiction of which had been drastically reduced in the intervening years, was abolished. The last major changes in the court system before World War II took place in 1934 when a Court of Criminal Appeal, essentially an extension of the Supreme Court's jurisdiction, was created, and in 1936 when it was declared that the Supreme Court would consist of a High Court and Court of Appeal.
1942–1946: Singapore under Japanese and British Military Administration
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Singapore fell under Japanese Military Administration on 15 February 1942. There is much confusion as to where legislative authority lay, as there were several government or military bodies which had the power to make laws. These were, in order of descending authority, the Supreme Command of the Southern Army Headquarters, the 25th Army Headquarters, the Military Administration Department, the Malay (Malayan) Military Administration Headquarters, and the City Government of Tokubetu-si. Numerous regulations, laws and notices were issued by all these bodies through the Tokubetu-si without adhering to the normal chain of command. Although these laws were often contradictory, the body higher in the hierarchy always prevailed.
When the Japanese occupation of Singapore
Japanese Occupation of Singapore
The Japanese occupation of Singapore in World War II occurred between about 1942 and 1945 after the fall of Singapore on 15 February 1942. Military forces of the Empire of Japan occupied Singapore after defeating the combined Australian, British, Indian and Malayan garrison in the Battle of Singapore...
began, all existing courts ceased to function. By a decree of 7 April 1942, a Military Court of Justice of the Nippon Army was established, and the civil courts were reopened by a proclamation dated 27 May. This Proclamation made all former British laws applicable so long as they did not interfere with the Military Administration. The highest court was the Syonan Koto-Hoin (Syonan Supreme Court) which was opened on 29 May. Although a court of appeal was constituted, it never sat.
There is some disagreement as to the status of judgments handed down by courts during the Japanese Occupation. The view has been taken by some post-Occupation courts that decisions by Japanese tribunals applying the law were valid. Others have held that since the Japanese administration did not set up tribunals in compliance with the requirements of Straits Settlements law, while the law continued to apply there were no proper courts in existence to enforce it.
The Japanese surrendered on 12 September 1945. By Proclamation No. 1 (1945), the Supreme Allied Commander
Supreme Allied Commander
Supreme Allied Commander is the title held by the most senior commander within certain multinational military alliances. It originated as a term used by the Western Allies during World War II, and is currently used only within NATO. Dwight Eisenhower served as Supreme Commander Allied Expeditionary...
South East Asia
South East Asia Command
South East Asia Command was the body set up to be in overall charge of Allied operations in the South-East Asian Theatre during World War II.-Background:...
established the British Military Administration
British Military Administration
The British Military Administration was the interim administrator of British Malaya between the end of World War II and the establishment of the Malayan Union in 1946. Specifically, the entity lasted from September 1945 to April 1946...
which assumed full judicial, legislative, executive and administrative powers and responsibilities and conclusive jurisdiction over all persons and property throughout such areas of Malaya as were at any given time under the control of forces under his command. The Proclamation also declared that all laws and customs existing immediately prior to the Japanese Occupation would be respected, except that such of the existing law as the Chief Civil Affairs Officer considered practicable to administer during the period of military administration. Otherwise, all proclamations and legislative enactments of whatever kind issued by or under the authority of the Japanese Military Administration ceased to have effect.
By Proclamation No. 23 (1945), the Deputy Chief Civil Affairs Officer for the Singapore Division provided that every conviction of any offence by a tribunal established by the Japanese Military Administration was quashed, and any judgment convicting or purporting to convict any person or any offence was set aside. Civil proceedings were dealt with by the Japanese Judgments and Civil Proceedings Ordinance 1946 (No. 3 of 1946), which had the effect of permitting post-Occupation courts to review the decrees of Japanese tribunals and to confirm, modify or reverse them.
1946–1963: The end of the Straits Settlements: Singapore as a separate colony and self-governing state
The British Military Administration was terminated by Proclamation No. 77 (1946) dated 18 March 1946, and with effect from 1 April the Straits Settlements were disbanded by the Straits Settlements (Repeal) Act 1946. By the Singapore Colony Order in Council 1946, Singapore was constituted as a new colony under the British Settlements Acts 1887. A Singapore Legislative Council was created with power to legislate for the peace, order and good government of the Colony. The High Court and Court of Appeal of the Straits Settlements became the Colony of Singapore High Court and Court of Appeal.In 1958 Singapore was granted internal self-government and became the State of Singapore. This change was put into place by the Singapore (Constitution) Order in Council 1958 made under powers conferred by the State of Singapore Act 1958. The Legislative Council was transformed into a Legislative Assembly consisting mainly of elected members.
During this period, the basic structure of the courts remained much as it had been in the pre-war colonial era, with only minor changes being made such as the redesignation of the Police Courts as Magistrates' Courts in 1955.
1963–1965: Independence from the British Empire and merger with Malaysia
Singapore joined the Federation of Malaysia on 16 September 1963, and thus ceased to be a colony of the British empire. The legal arrangements were effected by the enactment of the Malaysia Act 1963 (UK), the Sabah, Sarawak and Singapore (State Constitutions) Order in Council 1963 and the Malaysia Act 1963 (Malaysia). The 1963 Order in Council provided that all laws in force in Singapore continued to apply subject to modifications, adaptations, qualifications and exceptions that might be necessary to bring them into conformity with its new Constitution and the Malaysia Act. With Singapore now a state in a larger federation, the Singapore Legislative Assembly was transformed into the Legislature of Singapore with power to make laws only regarding certain matters set out in the Malaysian Federal ConstitutionConstitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
. Article 75 of the Federal Constitution also stated: "If any state law is inconsistent with a federal law, the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void."
During this period, a substantial number of Malaysian laws, including Federated Malay States
Federated Malay States
The Federated Malay States was a federation of four protected states in the Malay Peninsula—Selangor, Perak, Negeri Sembilan and Pahang—established by the British government in 1895, which lasted until 1946, when they, together with the Straits Settlements and the Unfederated Malay...
Enactments and Malayan Union
Malayan Union
The Malayan Union was a federation of the Malay states and the Straits Settlements of Penang and Malacca. It was the successor to British Malaya and was conceived to unify the Malay Peninsula under a single government so as to simplify administration. The Malayan Union later became the independent...
and Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
Ordinances, were extended to Singapore. Some of these statutes continue to apply, often in modified form, in Singapore today.
Under the Malaysia Act 1963, the judicial power of Malaysia was vested in a Federal Court, a High Court in Malaya, a High Court in Borneo and a High Court in Singapore. This new structure was formalized with effect from 16 March 1964 through the Courts of Judicature Act 1964 (M'sia), which replaced the Supreme Court of the Colony of Singapore with the High Court of Malaysia in Singapore. The jurisdiction of the High Court in Singapore was limited to all territory in the State of Singapore.
1965 to the present: Singapore as a fully independent nation
Merger with Malaysia did not last: within two years, on 9 August 1965, Singapore was expelled from the Federation and became a fully independent republicRepublic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
. This was effected by the signing of the Independence of Singapore Agreement of 7 August 1965 by Singapore and Malaysia, and the changes consequent to the Agreement were implemented by two Malaysian Acts, the Constitution and Malaysia (Singapore Amendment) Act 1965 and the Constitution (Amendment) Act 1966; and by two Singapore Acts, the Constitution (Amendment) Act 1965 and the Republic of Singapore Independence Act 1965. Section 5 of the latter Act provided that the legislative powers of the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
, the supreme ruler of Malaysia, ceased to extend to Singapore, and vested instead in the Head of State (that is, the President of Singapore
President of Singapore
The President of the Republic of Singapore is Singapore's head of state. In a Westminster parliamentary system, as which Singapore governs itself, the prime minister is the head of the government while the position of president is largely ceremonial. Before 1993, the President of Singapore was...
) and the Legislature of Singapore. Again, all laws were expressed to continue in force with such modifications, adaptations, qualifications and exceptions as might be necessary to bring them into conformity with the independent status of Singapore upon separation from Malaysia. Today, the Parliament of Singapore
Parliament of Singapore
The Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
is an organ of state with plenary power
Plenary power
A plenary power or plenary authority is the separate identification, definition, and complete vesting of a power or powers or authority in a governing body or individual, to choose to act on a particular subject matter or area...
to enact legislation for Singapore.
At the time of independence, the Singapore Parliament did not make any changes to the judicial system. Thus, for an anomalous four-year period, the High Court in Singapore remained part of the Malaysian court structure. This was remedied in 1969, when the Constitution was amended to establish the Supreme Court of Singapore replacing the Federal Court of Malaysia with respect to Singapore, while retaining the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London as Singapore's court of final appeal. The Supreme Court was organized into two divisions: the upper division consisted of the Court of Appeal and the Court of Criminal Appeal, which respectively dealt with civil and criminal matters; the lower division being the High Court of Singapore
High Court of Singapore
The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload...
.
Steps to restrict appeals to the Privy Council were first taken in 1989. In that year, the law was changed such that appeals to the Privy Council would only be permitted in a civil case if all the parties agreed to such an appeal prior to the hearing of the case by the Court of Appeal. In criminal cases, an appeal to the Privy Council could only be taken if the death penalty was involved and if the judges of the Court of Criminal Appeal were not unanimous in their decision. These changes came shortly after the Privy Council restored a prominent opposition Member of Parliament Joshua Benjamin Jeyaretnam
Joshua Benjamin Jeyaretnam
Joshua Benjamin Jeyaretnam was a politician and lawyer from Singapore. He was the leader of the Workers' Party from 1971 to 2001...
to the roll of advocates and solicitors of the Supreme Court of Singapore after he had been struck off for a criminal conviction for making false statements in a statutory declaration
Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, however, it is not sworn....
; the court described the conviction as "a grievous injustice". In 1993, the previous set-up of a separate Court of Appeal and Court of Criminal Appeal was done away with, and in their place a unified Court of Appeal was constituted for both civil and criminal appeals. Judges of Appeal appointed to the Court of Appeal were no longer required to engage in High Court work. The Chief Justice sat as the President of the Court of Appeal. The establishment of the permanent Court of Appeal paved the way for the abolition of all appeals to the Privy Council with effect from 8 April 1994. Following this, the Court of Appeal issued a Practice Statement dated 11 July 1994, stating that while the Court would treat its own prior decisions and those of the Privy Council as normally binding, where it appeared that adherence to such decisions "would cause injustice in a particular case or constrain the development of the law in conformity with the circumstances of Singapore" it would regard itself as free to depart from such decisions. It added that this power would be exercised sparingly, bearing in mind the danger of retrospectively disturbing contractual, proprietary and other legal rights. Today the Singapore Court of Appeal
Judicial system of Singapore
The full Judicial power in Singapore is vested in the Supreme Court as well as subordinate courts by the Constitution of Singapore. The Supreme Court consists of the Court of Appeal and the High Court. The Court of Appeal exercises appellate criminal and civil jurisdiction, while the High Court...
is the highest court in the land.
The independent status of Singapore's legal system was underlined by the repeal of section 5 of the Civil Law Act (see above) on 12 November 1993 by the Application of English Law Act 1993. The Act aims to clarify the extent of the application of English law in Singapore. It states that the common law of England (including the principles and rules of equity), so far as it was part of the law of Singapore immediately before the commencement of the Act, continues to be part of Singapore law so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require. As for English statutes, only those that are listed in the Schedules to the Act apply or continue to apply in Singapore; no other English enactment is part of Singapore law.
Sources of law
There are generally regarded to be three sources of law in Singapore: legislationLegislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
, judicial precedents
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
(case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
) and custom
Custom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
.
Legislation
Legislation, or statutory lawStatutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
, can be divided into statutes and subsidiary legislation. Statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s are written laws enacted by the Singapore Parliament, as well as by other bodies such as the British Parliament, Governor-General of India in Council and Legislative Council of the Straits Settlements which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed. One particularly important statute is the Constitution of the Republic of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
, which is the supreme law of Singapore – any law enacted by the Legislature after the commencement of the Constitution which is inconsistent with it is, to the extent of the inconsistency, void. Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993 (see above), are published in looseleaf form in a series called the Statutes of the Republic of Singapore which is gathered in red binders, and are also accessible on-line from Singapore Statutes Online, a free service provided by the Attorney-General's Chambers of Singapore.
Subsidiary legislation
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards
Statutory boards of the Singapore Government
The statutory boards of the Singapore Government are organisations that have been given autonomy to perform an operational function. They usually report to one specific ministry.*Accounting and Corporate Regulatory Authority...
under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Subsidiary legislation currently in force in Singapore is published in looseleaf form in a series called the Subsidiary Legislation of the Republic of Singapore which is gathered in black binders. New subsidiary legislation published in the Gazette may be viewed for free on-line for five days on the Electronic Gazette website.
Judicial precedents
As Singapore is a common law jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity which have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, equity and trust law, property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
and tort law
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
, are largely judge-made, though certain aspects have now been modified to some extent by statutes. Since 1992, judgments of the High Court, Court of Appeal and Constitutional Tribunal of Singapore have appeared in the Singapore Law Reports (SLR), which is published by the Singapore Academy of Law
Singapore Academy of Law
The Singapore Academy of Law or is an organization in Singapore. This organization has nearly 8,000 members and provides legal services and information to Singapore's legal community....
under an exclusive licence from the Supreme Court of Singapore
Judicial system of Singapore
The full Judicial power in Singapore is vested in the Supreme Court as well as subordinate courts by the Constitution of Singapore. The Supreme Court consists of the Court of Appeal and the High Court. The Court of Appeal exercises appellate criminal and civil jurisdiction, while the High Court...
. The Academy has also republished cases decided since Singapore's full independence in 1965 in special volumes of the SLR, and is currently working on a reissue of this body of case law. Cases published in the SLR as well as unreported judgments of the Supreme Court and Subordinate Courts are available on-line from a fee-based service called LawNet, which is also managed by the Academy. Outside Singapore, Malaysia and Brunei, they are available on-line from another fee-based service called Justis.
Custom
A customCustom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have the force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition.
Criminal law
The criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal CodePenal Code (Singapore)
The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating...
. Other important offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act
Misuse of Drugs Act (Singapore)
The Misuse of Drugs Act is a national drug control law classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes...
and Vandalism Act
Vandalism Act (Singapore)
The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting,...
.
In addition, Singapore society is highly regulated through the criminalization of many activities which are considered as fairly harmless in other countries. These include failing to flush toilets after use, litter
Litter
Litter consists of waste products such as containers, papers, wrappers or faeces which have been disposed of without consent. Litter can also be used as a verb...
ing, jaywalking
Jaywalking
Jaywalking is an informal term commonly used in North America to refer to illegal or reckless pedestrian crossing of a roadway. Examples include a pedestrian crossing between intersections without yielding to drivers and starting to cross a crosswalk at a signalized intersection without waiting...
, the possession of pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
, the sale of chewing gum
Chewing gum ban in Singapore
The chewing gum ban in Singapore was enacted in 1992 and revised in 2004 and 2010. It bans the import and sale of chewing gum in Singapore. Since 2004, only chewing gum of therapeutic value is allowed into Singapore following the United States-Singapore Free Trade Agreement .This law was created...
, and sexual activity such as oral
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
and anal sex
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
between men. Nonetheless, Singapore is one of the countries with the least crime in the world, with a low incidence of violent crimes.
Singapore retains both corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
(in the form of caning
Caning in Singapore
Caning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
) and capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
(by hanging
Capital punishment in Singapore
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
) as punishments for serious offences. For certain offences, the imposition of these penalties is mandatory.
See also
- 2006 in Singapore – Law
- Caning in SingaporeCaning in SingaporeCaning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
- Capital punishment in SingaporeCapital punishment in SingaporeCapital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
- Constitution of SingaporeConstitution of SingaporeThe Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
- Judicial system of SingaporeJudicial system of SingaporeThe full Judicial power in Singapore is vested in the Supreme Court as well as subordinate courts by the Constitution of Singapore. The Supreme Court consists of the Court of Appeal and the High Court. The Court of Appeal exercises appellate criminal and civil jurisdiction, while the High Court...
- Law enforcement in SingaporeLaw enforcement in SingaporeGenerally, law enforcement in Singapore comes under the direct purview of the Singapore Police Force, the main government agency entrusted with the maintenance of law and order in Singapore...
- Lawyers in SingaporeLawyers in SingaporeLawyers in Singapore are part of a fused profession, meaning that they may act as both a solicitor and as an advocate, although lawyers usually specialize in one of litigation, conveyancing or corporate law....
- Parliament of SingaporeParliament of SingaporeThe Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
- Electronic Filing SystemElectronic Filing SystemThe Electronic Filing System is the Singapore Judiciary's electronic platform for filing and service of documents within the litigation process. In addition, it provides the registries of the Supreme Court and the Subordinate Courts with an electronic registry and workflow system; and an...
- Integrated Electronic Litigation SystemIntegrated Electronic Litigation SystemThe Integrated Electronic Litigation Systems is an initiative by the Singapore Judiciary to replace the existing Electronic Filing System...
Singapore law
- Information on the Singapore legal system from the website of the ASEAN Law Association
- Law in Singapore – an index by the C.J. Koh Law Library, National University of Singapore
- LawNet
- Singapore Statutes Online – a service of the Attorney-General's Chambers, Singapore
- SingaporeLaw – a service managed by the Singapore Academy of Law and Ministry of Law, Singapore
Government ministries and agencies
Courts
Alternative dispute resolution
- Community Mediation Centre (CMC)
- Singapore International Arbitration Centre (SIAC)
- Singapore Mediation Centre (SMC)
Legal education
- Board of Legal Education (BLE)
- IP Academy, Singapore
- Nanyang Technological University (NTU) — College of Business (Nanyang Business School)
- National University of Singapore (NUS)
- Singapore Management University (SMU)
- Temasek Polytechnic — Temasek Business School