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Singapore Government Press Statement Mc. Ap. 14/63 (Pm

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1 SINGAPORE GOVERNMENT PRESS STATEMENT MC. AP. 14/63 (PM) MINISTERIAL STATEMENT BY THE PRIME MINISTER, MR. LEE KUAN YEW, IN THE LEGISLATIVE ASSEMBLY MEETING ON FRIDAY, APRIL 5, 1963. Mr. Speaker, Sir, I have to report to the House on the progress that has been made in working out the form of words for the constitutional provisions for Singapore in the Federation of Malaysia in accordance with the provisions contained in White Paper Command 33 of 1961, and as amplified or amended in formal exchanges of letters between the Federation Prime Minister and myself. I am making this statement before answering the several questions that have been tabled in order that when I come to answer these questions Members can see the issues against the wider perspective. lky\1963\lky0405.doc 2 Although the White Paper and the formal exchanges of letters were all finalised in November 1961, the working party of officials did not start meeting until the 5th of December last year. This was because the Federation officials were occupied with the Sabah and Sarawak negotiations and they wanted to complete the main framework of the Borneo side before tackling the details of the Singapore side. Our team of officials (which consisted of the State Advocate- General, Inche Ahmad bin Ibrahim, the Permanent Secretary to the Ministry of Home Affairs, Mr. S.T. Stewart, the Permanent Secretary, Economic Development Division, Ministry of Finance, Mr. Howe Yoon Chong, the Acting Permanent Secretary, Ministry of National Development, Mr. Sim Kee Boon, and the Cabinet Secretary, Mr. Wong Chooi Sen) met the Federation team on 22 occasions from December 5, 1962, to February 14 this year. They reached agreement and submitted joint recommendations on most of the provisions to be incorporated in the new Constitution of the Federation of Malaysia and the State of Singapore. However, on a number of points, which included banking, insurance, shipping, navigation, broadcasting, television, constitutional guarantees and finance, the Federation and Singapore teams of officials were unable to reach agreement. These matters were therefore referred to the Ministers. Plenary meetings of Ministers and officials took place on three lky\1963\lky0405.doc 3 occasions February 28 and March 1 in Kuala Lumpur, March 21 and 22 in Kuala Lumpur and April 2 in Singapore. I am happy to report that except for finance, nearly all the points left unresolved by the official teams have now been agreed. There remain only a few points to be tidied up by the draftsmen. One of them is the question of Singapore retaining day to day control of programmes and administration of broadcasting and television, whilst following overall Federal policy. A special constitutional agreement may have to be drawn up to spell out the rights and obligations of the State Government of Singapore vis-a-vis the Federal Government. Another point is the spelling out of State autonomy with the consequential provision that Malaysian citizens who are also Singapore citizens cannot have double enjoyment of both State autonomy, in matters like education and labour, and at the same time have full enjoyment of the education and labour rights in the other States. Last, but by no means least, remain the financial arrangements. First, I would like to report to the House now, in brief and broad outline, the points that have been agreed. lky\1963\lky0405.doc 4 At our first plenary meeting of Ministers on the 28th of February and the 1st of March, the important question of acquisition and deprivation of citizenship was discussed. Acquisition and Deprivation of Citizenship All Singapore citizens will become citizens of Malaysia by operation of law. The Federal Government shall have the power over acquisition of Singapore citizenship by naturalisation after Malaysia. All such acquisition shall be with the agreement of the Singapore Government. There shall be a provision in the Second Schedule of the Federal Constitution to the effect that the Singapore Government must be informed of all acquisitions of citizenship by naturalisation approved by the Federal Government. The Singapore Government will however retain power over the acquisition of citizenship by registration. As these citizens will automatically become Malaysian citizens, it shall be the responsibility of the Singapore Government to inform the Federal Government of all acquisition by registration. Deprivations of citizenship are on national considerations and hence the Federal Government shall have power of deprivation on all grounds. lky\1963\lky0405.doc 5 The Singapore Government should have the right to deprive on grounds of fraud or mistake or under Article 25(1) ( c ) on a conviction. There will also be a provision in Section 10 of the Second Schedule of the Federal Constitution to the effect that both the Federal and Singapore Governments should keep each other informed of all grants and deprivations of Singapore citizenship on all grounds. Federal Constitution The Federal Constitution should contain the following provisions: (i) a citizen of Singapore shall, by virtue of such citizenship, be a citizen of Malaysia; (ii) a citizen of Singapore who renounces his citizenship of Singapore (except on acquiring citizenship of Malaysia by registration), shall cease to be a citizen of Malaysia and shall not, except with the approval of the Federal Government, be eligible for registration as a citizen of Malaysia or of Singapore; (iii) birth or residence in Singapore will count for the purpose of acquiring citizenship of Malaysia through citizenship of Singapore; lky\1963\lky0405.doc 6 (iv) the Federal Government would have exclusive authority to grant citizenship by naturalisation but, in the case of a person to be naturalised as a citizen of Singapore, only with the concurrence of the Singapore Government; (v) the Federal Government would have authority to deprive persons of Malaysian citizenship on all grounds; (vi) deprivation or renunciation of Malaysian citizenship of a citizenship of Singapore would involve loss of Singapore citizenship; and (vii) a person who has renounced or been deprived of his Malaysian citizenship would not be eligible to be registered as a citizen of Singapore except with the approval of the Federal Government. Singapore Constitution The Singapore Constitution would contain the following provisions which could not be amended or modified without the approval of the Federal Parliament: (i) citizenship of Singapore by birth; (ii) citizenship of Singapore by descent; (iii) citizenship of Singapore by registration of citizens of Malaysia who are not citizens of Singapore; lky\1963\lky0405.doc 7 (iv) citizenship of Singapore by registration of persons resident in Singapore on Merger Day with the agreement of the Federal Government; (v) citizenship of Singapore by registration on marriage; (vi) citizenship of Singapore by registration of minors; (vii) renunciation of citizenship of Singapore; and (viii) deprivation of citizenship of Singapore on the grounds of fraud, mistake or conviction. At a subsequent meeting it was also agreed that the Singapore Government shall for a period of two years after Malaysia Day have the power to deprive anyone of Singapore citizenship on any grounds provided such grounds arose before Malaysia Day. The basis of acquisition and ground for deprivation of citizenship should be common to the Federation and Singapore. Provision should be made to ensure that the Federal and Singapore Governments would keep each other informed of all grants and deprivations of citizenship on all grounds. It has been agreed that there should be no relaxation in the Federal or Singapore immigration laws before Merger Day. lky\1963\lky0405.doc 8 I have dwelt in some detail on the question of citizenship and I am sure members of the House and people outside would be happy to know that all their rights as citizens of Singapore, and later as citizens of Malaysia, would be protected in the Constitution. Conference of Rulers Article 38 on the Conference of Rulers will be amended to refer to the Yang di-Pertuan Negara and the Prime Minister of Singapore in the same manner as the Governors and Chief Ministers of Malacca and Penang respectively. Power of Pardon The Yang di-Pertuan Negara and the Prime Minister of Singapore will have the same powers of pardon etc. under Article 42 as the Governors and Chief Ministers of Malacca and Penang. Federal Legislature There will be consequential amendments to Article 47 to provide that citizens of Singapore may stand for elections only in Singapore to the Federal Parliament. lky\1963\lky0405.doc 9 Extent of Federal and State laws, and subject matter of Federal and State laws - Articles 74 and 77 The provisions of the 9th Schedule will have to be amended in its application to Singapore in accordance with the Annexure, (as amended) to the Heads of Agreement for a merger of Singapore and the Federation of Malaya, as contained in the White Paper. Modification of Articles 83 to 87 - Article 88 There should be provision in Article 88 for modifications in the application of Articles 83 to 87 to Singapore in the same manner as Malacca and Penang. The National Land Council - Article 91 Article 91 should be amended in its application to Singapore so as to provide that any policy formulated should not apply to Singapore without the concurrence of the Singapore Government. National Development Plan - Article 92 Article 92 should be amended in its application to Singapore so as to provide that the occurrence of the State Government will be required in lky\1963\lky0405.doc 10 respect of any Development Plan which the Federal Government proposes should be put into operation in Singapore. The National Council for Local Government - Article 95A The last phrase of Article 95A(5) which reads “and the State Government shall follow the policy so formulated” shall not apply to Singapore until such time as the Federal Government with the concurrence of the Singapore Legislative Assembly otherwise provides.
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