Long Title

Enacting Formula

Part I AMENDMENTS RELATING TO certain Court PROCEEDINGS

Part II AMENDMENTS TO OTHER WRITTEN LAWS

FIRST SCHEDULE Amendments to Change Process for Making Applications to Court under Certain Written Laws

SECOND SCHEDULE New Fourth Schedule to Parliamentary Elections Act

THIRD SCHEDULE New Part X of Women’s Charter

FOURTH SCHEDULE Amendments to Certain Written Laws to Rename Prerogative Orders and Writs Referred to Therein

FIFTH SCHEDULE Amendments to Change Certain Expressions Used in Relation to Court Proceedings

PART II
AMENDMENTS TO OTHER WRITTEN LAWS
Amendment of Architects Act
10.  Section 20(1) of the Architects Act (Cap. 12, 2000 Ed.) is amended by deleting paragraph (b) and substituting the following paragraph:
(b)
the paid-up capital of the corporation is not less than the amount prescribed by the Minister by notification in the Gazette;”.
Amendment of Building Maintenance and Strata Management Act 2004
11.  The Building Maintenance and Strata Management Act 2004 (Act 47 of 2004) is amended —
(a)
by deleting the words “in accordance with Division 7 of Part V” in the definition of “subsidiary management corporation” in section 2(1) and substituting the words “under the Land Titles (Strata) Act (Cap. 158)”; and
(b)
by deleting the words “free from any encumbrances (except those created by statute and subsisting easements)” in section 34(1)(a) and substituting the words “as provided in section 23 of the Land Titles (Strata) Act (Cap. 158)”.
Amendment of Companies Act
12.  The Fourth Schedule to the Companies Act (Cap. 50, 1994 Ed.) is amended —
(a)
by deleting the words “of any denomination” in regulation 36; and
(b)
by deleting regulation 40 and substituting the following regulation:
40.  The company may from time to time by ordinary resolution do one or more of the following:
(a)
increase the share capital by such sum as the resolution shall prescribe;
(b)
consolidate and divide all or any of its share capital;
(c)
subdivide its shares or any of them, so however that in the subdivision the proportion between the amount paid and the amount, if any, unpaid on each reduced share shall be the same as it was in the case of the share from which the reduced share is derived;
(d)
cancel the number of shares which at the date of the passing of the resolution in that behalf have not been taken or agreed to be taken by any person or which have been forfeited and diminish the amount of its share capital by the number of the shares so cancelled.”.
Amendment of Companies (Amendment) Act 2005
13.  The Schedule to the Companies (Amendment) Act 2005 (Act 21 of 2005) is amended by deleting items (1) and (11).
Amendment of Computer Misuse Act
14.  The Computer Misuse Act (Cap. 50A, 1998 Ed.) is amended —
(a)
by deleting the words “a person authorised in writing by the Commissioner of Police under section 15(1)” in section 14 and substituting the words “an authorised person within the meaning of section 125A of the Criminal Procedure Code (Cap. 68)”;
(b)
by repealing section 15; and
(c)
by deleting the words “section 15” in section 15A(2) and substituting the words “sections 125A and 125B of the Criminal Procedure Code (Cap. 68)”.
Amendment of Criminal Procedure Code
15.  The Criminal Procedure Code (Cap. 68, 1985 Ed.) is amended by inserting, immediately after section 125, the following sections:
Power to access computer
125A.
—(1)  A police officer or an authorised person, investigating a seizable offence, may at any time —
(a)
access, inspect and check the operation of a computer that he has reasonable cause to suspect is or has been used in connection with the seizable offence; or
(b)
use or cause to be used any such computer to search any data contained in or available to such computer.
(2)  The police officer or authorised person may also require any assistance he needs to gain such access from —
(a)
any person whom he reasonably suspects of using the computer in connection with a seizable offence or having used it in this way; or
(b)
any person having charge of, or otherwise concerned with the operation of, such computer.
(3)  Any person who obstructs the lawful exercise of the powers under subsection (1) or who fails to comply with a requirement under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  An offence under subsection (3) shall be a seizable offence.
(5)  A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(6)  In this section and section 125B —
“authorised person” means a person authorised in writing by the Commissioner of Police for the purposes of this section, section 125B or both;
“computer” has the same meaning as in the Computer Misuse Act (Cap. 50A).
Power to access decryption information
125B.
—(1)  For the purposes of investigating a seizable offence, the Public Prosecutor may by order authorise a police officer or an authorised person to exercise, in addition to the powers under section 125A, all or any of the powers under this section.
(2)  The police officer or authorised person referred to in subsection (1) shall be entitled to —
(a)
access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the seizable offence;
(b)
require —
(i)
any person whom he reasonably suspects of using a computer in connection with a seizable offence or having used it in this way; or
(ii)
any person having charge of, or otherwise concerned with the operation of, such computer,
to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and
(c)
require any person whom he reasonably suspects to be in possession of decryption information to grant him access to such decryption information necessary to decrypt data required for the purposes of investigating the seizable offence.
(3)  Any person who obstructs the lawful exercise of the powers under subsection (2)(a) or who fails to comply with a requirement under subsection (2)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(4)  Where a person is convicted of an offence under subsection (3) and it is shown that the encrypted data contains evidence relevant to the planning, preparation or commission of a specified serious offence, he shall, in lieu of the punishment prescribed under subsection (3) —
(a)
be liable to be punished with the same punishment prescribed for that specified serious offence except that the punishment imposed shall not exceed a fine of $50,000 or imprisonment for a term not exceeding 10 years or both; or
(b)
be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both where the specified serious offence is punishable on conviction with death or imprisonment for life.
(5)  For the purposes of subsection (4) and subject to subsection (6), “specified serious offence” means an offence under any of the following written laws:
(a)
any written law which provides for any offence involving the causing of death or bodily harm;
(b)
any written law relating to actions or the threat of actions prejudicial to national security;
(c)
any written law relating to radiological or biological weapons;
(g)
Hijacking of Aircraft and Protection of Aircraft and International Airports Act (Cap. 124);
(h)
Kidnapping Act (Cap. 151);
(l)
Statutory Bodies and Government Companies (Protection of Secrecy) Act (Cap. 319);
(m)
Strategic Goods (Control) Act (Cap. 300);
(n)
Terrorism (Suppression of Financing) Act (Cap. 325);
(o)
United Nations (Anti-Terrorism Measures) Regulations (Cap. 339, Rg 1); and
(p)
such other written law as the Minister may by order specify.
(6)  No offence shall be treated as a specified serious offence unless the maximum punishment prescribed for that offence, whether for a first or subsequent conviction, is —
(a)
imprisonment for a term of 5 years or more;
(b)
imprisonment for life; or
(c)
death.
(7)  In proceedings against any person for an offence under this section, if it is shown that that person was in possession of decryption information at any time before the time of the request for access to such information, that person shall be presumed for the purposes of those proceedings to have continued to be in possession of that decryption information at all subsequent times, unless it is shown that the decryption information —
(a)
was not in his possession at the time the request was made; and
(b)
continued not to be in his possession after the request was made.
(8)  A person who had acted in good faith or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(9)  In this section —
“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;
“decryption information” means information, code or technology or part thereof that enables or facilitates the retransformation or unscrambling of encrypted data from its unreadable and incomprehensible format to its plain text version;
“encrypted data” means data which has been transformed or scrambled from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting the content of such data;
“plain text version” means original data before it has been transformed or scrambled to an unreadable or incomprehensible format.”.
Amendment of Interpretation Act
16.  Section 2(1) of the Interpretation Act (Cap. 1, 2002 Ed.) is amended by deleting the definition of “States of Malaya” and substituting the following definition:
“ “States of Malaya” means —
(a)
the States of Johore, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu; and
(b)
every Federal Territory which before its establishment was part of the territory of any State referred to in paragraph (a),
which constitute part of Malaysia;”.
Amendment of Land Titles (Strata) Act
17.  The Land Titles (Strata) Act (Cap. 158, 1999 Ed.) is amended —
(a)
by deleting the words “the Building Maintenance and Strata Management Act 2004” in the definition of “management corporation” in section 3(1) and substituting the words “this Act”;
(b)
by deleting the words “section 23” in the 2nd line of section 6(1) and substituting the words “section 22”;
(c)
by deleting the words “126 and” in section 6(5) and substituting the words “125A, 126, 126A and”;
(d)
by inserting, immediately after the words “common property” in the 3rd line of section 12(6), the words “, free from any encumbrances (except those created by statute and subsisting easements),”;
(e)
by deleting the words “owner developer” in the 6th line of section 12A(1) and substituting the word “proprietor”;
(f)
by deleting the words “with the revised schedule of strata units for the staged development that has been last accepted under section 11 of the Building Maintenance and Strata Management Act 2004” in the 8th to the last lines of section 12A(1) and substituting the words “for the staged development”;
(g)
by deleting the words “with the revised schedule of strata units” in section 12A(2);
(h)
by inserting, immediately after the words “the Registrar shall” in the 4th and 5th lines of section 12A(3), the words “, upon registering a strata title application containing the revised share values for the lots shown in the amended strata title plan,”;
(i)
by inserting, immediately after the words “land-register and subsidiary” in the 6th and 7th lines of section 12A(3), the word “strata”;
(j)
by inserting, immediately after subsection (3) of section 12A, the following subsection:
(3A)  Upon registration of a strata title application for a staged development under subsection (3) —
(a)
those parts described in the amended strata title plan as common property shall be additional common property and, together with the common property in all preceding stages of the staged development, form the common property of the staged development; and
(b)
without any resolution under section 25 or further assurance, the subsidiary proprietors of lots within that staged development shall hold all that common property as follows:
(i)
as tenants-in-common in accordance with their respective share values; and
(ii)
if there is a subsisting registered mortgage, charge, lease or sub-lease or any other encumbrance on the lot of a subsidiary proprietor, the undivided share or shares in those parts forming the additional common property shall be held by the subsidiary proprietor of the said lot subject to the same mortgage, charge, lease or sub-lease or any other such subsisting encumbrance.”;
(k)
by deleting the words “126 or” in section 14 and substituting the words “125A, 126, 126A or”;
(l)
by deleting the words “special resolution” in section 23(1) and substituting the words “90% resolution as defined under that Act”;
(m)
by deleting the words “and such subsisting easements created or implied under this Act” in section 23(4) and substituting the words “(except those created by statute and subsisting easements not created or implied under this Act)”;
(n)
by deleting the words “lodgment of an instrument of vesting in the approved form by the public authority for registration with the Registrar” in section 24(1) and substituting the words “registration by the Registrar of an instrument of vesting in the approved form lodged by the public authority”;
(o)
by deleting the words “a certified or office copy of the minute” in section 80(1) and (2) and substituting in each case the words “a certified copy”;
(p)
by deleting paragraphs (a) and (b) of section 81(2) and substituting the following paragraphs:
(a)
within 14 days after the passing of a resolution referred to in subsection (1), give notice of the resolution in one or more newspapers circulating in Singapore; and
(b)
within 30 days after the passing of the resolution, lodge an application with the Registrar to terminate the strata subdivision.”;
(q)
by deleting subsection (4) of section 81 and substituting the following subsection:
(4)  Upon registration of an application under subsection (2)(b) to terminate the strata subdivision, the Registrar shall cancel the relevant folios of the subsidiary strata land-register and enter a notification of the cancellation of the strata subdivision of the building and a memorial of the vesting of the parcel in the subsidiary proprietors as tenants-in-common in the relevant folio of the land-register comprising the parcel.”;
(r)
by inserting, immediately after the words “section 39(2)” in the last line of section 81(13), the words “of the Building Maintenance and Strata Management Act 2004 (Act 47 of 2004)”;
(s)
by deleting the words “Section 60(3)” in section 119(4) and substituting the words “Section 60A”;
(t)
by deleting the word “prescribed” in section 122(1) and (4) and substituting in each case the word “approved”;
(u)
by deleting the words “building erected on the same parcel of land together with the registered proprietor of the land on which the said flats are erected” in the 4th, 5th and 6th lines of section 126(1) and substituting the words “development together with the registered proprietor of the land on which the said development is erected”;
(v)
by deleting the word “building” in section 126(2) and substituting the word “development”;
(w)
by deleting subsection (5) of section 126 and substituting the following subsection:
(5)  Where the registered proprietors of the flats who altogether own not less than 25% of the total number of flats comprised in the development have agreed in writing to accept the transfer of all the estate and interest of the registered proprietor in the land on which the development is erected, all the remaining registered proprietors of the flats in the same development shall be deemed to have accepted the transfer and deemed to have applied for the issue of subsidiary strata certificates of title for the flats.”;
(x)
by deleting the words “a building or buildings” in section 126(9)(a) and substituting the words “the development”;
(y)
by deleting the word “building” wherever it appears in section 126(11) and substituting in each case the word “development”;
(z)
by inserting, immediately after the words “Registry of Deeds” wherever they appear in section 127(4), the words “or the Land Titles Registry”;
(za)
by deleting the words “, except section 21(1), (2) and (5) of that Act,” in section 128(1); and
(zb)
by deleting the words “126 or” in the 2nd line of section 128(2) and substituting the words “125A, 126, 126A or”.
Amendment of Probate and Administration Act
18.  The Probate and Administration Act (Cap. 251, 2000 Ed.) is amended —
(a)
by deleting the words “greater value than $250,000” in section 35(1) and substituting the words “a value which exceeds the District Court limit”;
(b)
by inserting, immediately after subsection (3) of section 35, the following subsection:
(4)  In this section, “District Court limit” has the same meaning as in sections 26(a) and 27 of the Subordinate Courts Act (Cap. 321).”; and
(c)
by deleting subsection (1) of section 62 and substituting the following subsections:
(1)  Where any person dies leaving property in Singapore not exceeding $50,000 in value (without deduction for debts), the Public Trustee, after satisfying himself that no application for letters of administration is pending, may, if he thinks fit, by writing signed by him declare that he undertakes to administer such property.
(1A)  For the purpose of subsection (1), the amount of $50,000 shall not include —
(a)
the value of any property which the deceased possessed or was entitled to as trustee and not beneficially; and
(b)
in the case of a person who dies on or after 17th September 2005, any moneys payable by an appointed insurer pursuant to the Dependants’ Protection Insurance Scheme or any other equivalent scheme maintained by the Central Provident Fund Board under the Central Provident Fund Act (Cap. 36).”.
Amendment of Professional Engineers Act
19.  Section 20(1) of the Professional Engineers Act (Cap. 253, 1992 Ed.) is amended by deleting paragraph (b) and substituting the following paragraph:
(b)
the paid-up capital of the corporation is not less than the amount prescribed by the Minister by notification in the Gazette;”.
Amendment of Securities and Futures Act
20.  The Securities and Futures Act (Cap. 289, 2002 Ed.) is amended —
(a)
by deleting the words “section 23” in section 143(1)(a) and substituting the words “section 32”;
(b)
by deleting the words “section 24” in section 144(1)(a) and substituting the words “section 34”;
(c)
by deleting the words “sections 73, 76 and 76A” in sections 241(9) and 242 (6) and substituting in each case the words “sections 76 and 76A, and Division 3A of Part IV,”;
(d)
by deleting the words “Part II or III” in section 310(2) and substituting the words “Part II, III or IIIA”; and
(e)
by deleting “5 (16), 6 (16), 9 (9), 11 (2), 14 (3), 21 (3), 22 (7), 23 (6), 25 (3) and (4), 29 (7), 32 (3), 33 (7), 36 (10), 39 (2), 42 (3), 43 (3), 44 (7), 45 (3) and (4), 50 (13), 51 (8), 54 (2), 57 (3), 63 (3), 64 (7),” in section 333(2)(a) and substituting “8 (12), 14 (11), 22, 29 (3), 32 (7), 43, 44 (10), 46 (2), 50 (2), 51 (2), 52 (2), 54 (9), 56 (2), 70, 78 (4), 79 (2), 81A (10), 81W (8), 81ZA (3), 81ZB (2), 81ZC (2), 81ZD (3), 81ZJ (10), 81ZL (2),”.
Amendment of Trade Marks Act
21.  The Trade Marks Act (Cap. 332, 2005 Ed.) is amended —
(a)
by deleting the definition of “Convention country” in section 2(1) and substituting the following definition:
“ “Convention country” means —
(a)
in section 10 and paragraph 13 of the Third Schedule, a country or territory, other than Singapore, which is —
(i)
a party to the Paris Convention; or
(ii)
a member of the World Trade Organisation; and
(b)
in any other provision of this Act, a country or territory which is —
(i)
a party to the Paris Convention; or
(ii)
a member of the World Trade Organisation;”;
(b)
by deleting subsections (3) and (4) of section 12 and substituting the following subsections:
(3)  If it appears to the Registrar that the requirements for registration are not met or that additional information or evidence is required to meet those requirements, the Registrar shall inform the applicant and give him an opportunity, within such period as may be prescribed, to make representations, to amend the application or to furnish the additional or any other information or evidence.
(4)  If the applicant responds within the period referred to in subsection (3) but fails to satisfy the Registrar that those requirements are met, or to amend the application or furnish the additional information or evidence so as to meet them, the Registrar may refuse to accept the application.
(4A)  If the applicant fails to respond within the period referred to in subsection (3), the application shall be treated as withdrawn.”;
(c)
by deleting the word “and” at the end of section 108(2)(h);
(d)
by deleting the full-stop at the end of paragraph (i) of section 108(2) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:
(j)
for the restoration of any application which is treated as withdrawn and the conditions for such restoration.”;
(e)
by deleting the words “deemed to be” in paragraph 6(3) of the First Schedule and substituting the words “treated as”;
(f)
by deleting sub-paragraph (3) of paragraph 7 of the First Schedule and substituting the following sub-paragraphs:
(3)  If the applicant responds within the specified period but fails to satisfy the Registrar that those requirements are met, or to file regulations that have been amended so as to meet those requirements, the Registrar may refuse the application.
(3A)  If the applicant fails to respond within the specified period, the application shall be treated as withdrawn.”;
(g)
by deleting the words “deemed to be” in paragraph 7(3) of the Second Schedule and substituting the words “treated as”; and
(h)
by deleting sub-paragraph (3) of paragraph 8 of the Second Schedule and substituting the following sub-paragraphs:
(3)  If the applicant responds within the specified period but fails to satisfy the Registrar that those requirements are met, or to file regulations that have been amended so as to meet those requirements, the Registrar may refuse the application.
(3A)  If the applicant fails to respond within the specified period, the application shall be treated as withdrawn.”.