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Contents  

Part I Preliminary

Part II The Republic and the Constitution

Part III Protection of the Sovereignty of the Republic of Singapore

Part IV Fundamental Liberties

Part V The Government

Chapter 1 — The President

Chapter 2 — The Executive

Chapter 3 — Capacity as regards property, contracts and suits

Part VA Council of Presidential Advisers

Part VI The Legislature

Part VII The Presidential Council for Minority Rights

Part VIII The Judiciary

Part IX The Public Service

Part X Citizenship

Part XI Financial Provisions

Part XII Special Powers against Subversion and Emergency Powers

Part XIII General Provisions

Part XIV Transitional Provisions

FIRST SCHEDULE Forms of Oaths

SECOND SCHEDULE Oath of Renunciation, Allegiance and Loyalty

THIRD SCHEDULE Citizenship

FOURTH SCHEDULE Appointment of Nominated Members of Parliament

FIFTH SCHEDULE Key Statutory Boards and Government Companies

Legislative Source Key

Legislative History

 
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On 21/11/2017, you requested the version in force on 04/12/2013 incorporating all amendments published on or before 04/12/2013. The closest version currently available is that of 01/07/2010.
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Chapter 1 —
The President
The President
17.
—(1)  There shall be a President of Singapore who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.
(2)  The President shall be elected by the citizens of Singapore in accordance with any law made by the Legislature.
(3)  Any poll for the election of President shall be held as follows:
(a)
in the case where the office of President becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of President becomes vacant; or
(b)
in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent.
Presidential Elections Committee
18.
—(1)  There shall be a Presidential Elections Committee whose function is to ensure that candidates for the office of President have the qualifications referred to in paragraph (e) or (g)(iv) or both such paragraphs of Article 19(2), as the case may be.
(2)  The Presidential Elections Committee shall consist of —
(a)
the Chairman of the Public Service Commission;
(b)
the Chairman of the Accounting and Corporate Regulatory Authority established under the Accounting and Corporate Regulatory Authority Act 2004 (Act 3 of 2004); and
(c)
a member of the Presidential Council for Minority Rights nominated by the Chairman of the Council.
(3)  The Chairman of the Public Service Commission shall be the chairman of the Presidential Elections Committee and if he is absent from Singapore or for any other reason unable to discharge his functions, he shall nominate a Deputy Chairman of the Public Service Commission to act on his behalf.
(4)  The office of the member of the Presidential Elections Committee nominated under clause (2)(c) shall become vacant if the member —
(a)
dies;
(b)
resigns from office by a letter in writing addressed to the chairman of the Committee; or
(c)
has his nomination revoked by the Chairman of the Presidential Council for Minority Rights,
and the vacancy shall be filled by a new member nominated by the Chairman of the Presidential Council for Minority Rights.
(5)  If the member of the Presidential Elections Committee referred to in clause (2)(b) or (c) is absent from Singapore or is for any other reason unable to discharge his functions, the Chairman of the Accounting and Corporate Regulatory Authority or the Chairman of the Presidential Council for Minority Rights shall appoint a member of the Accounting and Corporate Regulatory Authority or a member of the Presidential Council for Minority Rights, as the case may be, to act on his behalf.
[12/2004 wef 15/05/2004]
(6)  The Presidential Elections Committee may regulate its own procedure and fix the quorum for its meetings.
(7)  The Presidential Elections Committee may act notwithstanding any vacancy in its membership.
(8)  Parliament may by law provide for the remuneration of members of the Presidential Elections Committee and the remuneration so provided shall be charged on the Consolidated Fund.
(9)  A decision of the Presidential Elections Committee as to whether a candidate for election to the office of President has fulfilled the requirement of paragraph (e) or (g)(iv) of Article 19(2) shall be final and shall not be subject to appeal or review in any court.
Qualifications and disabilities of President
19.
—(1)  No person shall be elected as President unless he is qualified for election in accordance with the provisions of this Constitution.
(2)  A person shall be qualified to be elected as President if he —
(a)
is a citizen of Singapore;
(b)
is not less than 45 years of age;
(c)
possesses the qualifications specified in Article 44(2)(c) and (d);
(d)
is not subject to any of the disqualifications specified in Article 45;
(e)
satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
(f)
is not a member of any political party on the date of his nomination for election; and
(g)
has for a period of not less than 3 years held office —
(i)
as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;
(ii)
as chairman or chief executive officer of a statutory board to which Article 22A applies;
(iii)
as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Cap. 50) with a paid-up capital of at least $100 million or its equivalent in foreign currency; or
(iv)
in any other similar or comparable position of seniority and responsibility in any other organisation or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Elections Committee, has given him such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President.
(3)  The President shall —
(a)
not hold any other office created or recognised by this Constitution;
(b)
not actively engage in any commercial enterprise;
(c)
not be a member of any political party; and
(d)
if he is a Member of Parliament, vacate his seat in Parliament.
(4)  Nothing in clause (3) shall be construed as requiring any person exercising the functions of the office of President under Article 22N or 22O to —
(a)
if he is a member of any political party, resign as a member of that party; or
(b)
vacate his seat in Parliament or any other office created or recognised by this Constitution.
Term of office
20.
—(1)  The President shall hold office for a term of 6 years from the date on which he assumes office.
(2)  The person elected to the office of President shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election.
(3)  Upon his assumption of office, the President shall take and subscribe in the presence of the Chief Justice or of another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule.
Discharge and performance of functions of President
21.
—(1)  Except as provided by this Constitution, the President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet.
(2)  The President may act in his discretion in the performance of the following functions:
(a)
the appointment of the Prime Minister in accordance with Article 25;
(b)
the withholding of consent to a request for a dissolution of Parliament;
(c)
the withholding of assent to any Bill under Article 5A*, 22E, 22H, 144(2) or 148A;
*  Article 5A was not in operation at the date of this Reprint.
(d)
the withholding of concurrence under Article 144 to any guarantee or loan to be given or raised by the Government;
(e)
the withholding of concurrence and approval to the appointments and budgets of the statutory boards and Government companies to which Articles 22A and 22C, respectively, apply;
(f)
the disapproval of transactions referred to in Article 22B(7), 22D(6) or 148G;
(g)
the withholding of concurrence under Article 151(4) in relation to the detention or further detention of any person under any law or ordinance made or promulgated in pursuance of Part XII;
(h)
the exercise of his functions under section 12 of the Maintenance of Religious Harmony Act (Cap. 167A); and
(i)
any other function the performance of which the President is authorised by this Constitution to act in his discretion.
(3)  The President shall consult the Council of Presidential Advisers before performing any of his functions under Articles 22, 22A(1), 22B(2) and (7), 22C(1), 22D(2) and (6), 142(1A), 144, 148A, 148B and 148G.
(4)  Except as otherwise provided in clause (3), the President may, in his discretion, consult the Council of Presidential Advisers before performing any of his functions referred to in clause (2)(c) to (i).
(5)  The Legislature may by law make provision to require the President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a)
functions exercisable in his discretion; and
(b)
functions with respect to the exercise of which provision is made in any other provision of this Constitution.
Appointment of public officers, etc.
22.
—(1)  Notwithstanding any other provision of this Constitution, the President, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this Constitution or any other written law, to act:
(a)
the Chief Justice, Judges and Judicial Commissioners of the Supreme Court;
(b)
the Attorney-General;
(c)
the Chairman and members of the Presidential Council for Minority Rights;
(d)
the chairman and members of the Presidential Council for Religious Harmony constituted under the Maintenance of Religious Harmony Act (Cap. 167A);
(e)
the chairman and members of an advisory board constituted for the purposes of Article 151;
(f)
the Chairman and members of the Public Service Commission;
(fa)
a member of the Legal Service Commission, other than an ex-officio member referred to in Article 111(2)(a), (b) or (c);
(g)
the Chief Valuer;
(h)
the Auditor-General;
(i)
the Accountant-General;
(j)
the Chief of Defence Force;
(k)
the Chiefs of the Air Force, Army and Navy;
(l)
a member (other than an ex-officio member) of the Armed Forces Council established under the Singapore Armed Forces Act (Cap. 295);
(m)
the Commissioner of Police; and
(n)
the Director of the Corrupt Practices Investigation Bureau.
(2)  Where the President, contrary to the recommendation of the Council of Presidential Advisers, refuses to make an appointment or refuses to revoke an appointment under clause (1), Parliament may, by resolution passed by not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39(1) (a), overrule the decision of the President.
(3)  Upon the passing of a resolution under clause (2), the President shall be deemed to have made the appointment or revoked the appointment, as the case may be, on the date of the passing of such resolution.
Appointment of members of statutory boards
22A.
—(1)  Notwithstanding any other provision of this Constitution —
(a)
where the President is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this Article applies, the President, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or
(b)
in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this Article applies and no revocation of such appointment shall be made by any appointing authority unless the President, acting in his discretion, concurs therewith.
(1A)  Where the President, contrary to the recommendation of the Council of Presidential Advisers, refuses to make or to concur with an appointment, or refuses to revoke an appointment or to concur with a revocation of an appointment, as the case may be, under clause (1), Parliament may, by resolution passed by not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39(1)(a), overrule the decision of the President.
(1B)  Upon the passing of a resolution under clause (1A), the President shall be deemed to have made or revoked the appointment, or to have concurred with the appointment or revocation of appointment, as the case may be, on the date of the passing of such resolution.
(2)  (a)  The chairman or member of a statutory board to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.
(b)  Any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1) (b) or any revocation thereof shall be void if made without the concurrence of the President.
(3)  This Article shall apply to the statutory boards specified in Part I of the Fifth Schedule.
(4)  Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other statutory board to Part I of the Fifth Schedule; and no statutory board shall be removed from that Part by any such order.
(5)  No statutory board shall by order under clause (4) be added to Part I of the Fifth Schedule if the total value of the reserves of the statutory board on the date of making of such order is less than $100 million.
Budgets of statutory boards
22B.
—(1)  Every statutory board to which Article 22A applies shall —
(a)
before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman and the chief executive officer of the statutory board whether the budget when implemented is likely to draw on the reserves which were not accumulated by the statutory board during the current term of office of the Government;
(b)
present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c)
within 6 months after the close of that financial year, present to the President —
(i)
a full and particular audited statement showing the revenue received and expenditure incurred by the statutory board during that financial year;
(ii)
as far as practicable, an audited statement of the assets and liabilities of the statutory board at the end of that financial year; and
(iii)
a declaration by the chairman and the chief executive officer of the statutory board whether the statements referred to in sub-paragraphs (i) and (ii) show any drawing on the reserves which were not accumulated by the statutory board during the current term of office of the Government.
(2)  The President, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.
(3)  Where by the first day of the financial year of such statutory board the President has not approved its budget for that financial year, the statutory board —
(a)
shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b)
may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year,
and if the President does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.
(4)  Any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5)  Nothing in this Article shall prevent the taking of any action by the Monetary Authority of Singapore in the management of the Singapore dollar; and a certificate under the hand of the chairman of the board of directors of the Monetary Authority of Singapore shall be conclusive evidence that any action was or was not taken for such purpose.
(6)  It shall be the duty of every statutory board and its chief executive officer to which this Article applies to inform the President of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government.
(7)  Where the President has been so informed under clause (6) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.
(8)  Where after 30th November 1991 a statutory board is specified in Part I of the Fifth Schedule pursuant to an order made under Article 22A(4), any reference in this Article to the approved budget of a statutory board for the preceding financial year shall, in relation to the first-mentioned statutory board, be read as a reference to the budget for the financial year of the first-mentioned statutory board during which that order was made.
(9)  For the purposes of this Article, a proposed transfer or transfer (whether by or under any written law or otherwise) by any statutory board to which this Article applies (referred to in this clause and clause (10) as the transferor board) of any of its reserves to —
(a)
the Government;
(b)
any Government company specified in Part II of the Fifth Schedule (referred to in this clause and clause (10) as the transferee company); or
(c)
another such statutory board (referred to in this clause and clause (10) as the transferee board),
shall not be taken into account in determining whether the reserves accumulated by the transferor board before the current term of office of the Government are likely to be or have been drawn on if —
(i)
in the case of a proposed transfer or transfer of reserves by a transferor board to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor board to the reserves accumulated by the Government before its current term of office;
(ii)
in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor board shall be added to the reserves accumulated by the transferee company before the current term of office of the Government; or
(iii)
in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the transferor board shall be added to the reserves accumulated by the transferee board before the current term of office of the Government.
(10)  Any reserves transferred by a transferor board together with or under any undertaking, resolution or written law referred to in clause (9) shall be deemed to form part of the reserves accumulated by the Government, transferee company or (as the case may be) transferee board before the current term of office of the Government as follows:
(a)
where the budget of the transferor board for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year;
(b)
where a supplementary budget of the transferor board provides for the proposed transfer and the supplementary budget is approved by the President — on the date of such approval by the President; or
(c)
in any other case — on the date those reserves are so transferred.
Appointment of directors of Government companies
22C.
—(1)  Notwithstanding the provisions of the memorandum and articles of association of the company, the appointment or removal of any person as a director or chief executive officer of any Government company to which this Article applies shall not be made unless the President, acting in his discretion, concurs with such appointment or removal.
(1A)  Where the President, contrary to the recommendation of the Council of Presidential Advisers, refuses to concur with an appointment or removal of any person as a director or chief executive officer under clause (1), Parliament may, by resolution passed by not less than two-thirds of the total number of the elected Members of Parliament referred to in Article 39(1)(a), overrule the decision of the President.
(1B)  Upon the passing of a resolution under clause (1A), the President shall be deemed to have concurred with the appointment or removal of any person as a director or chief executive officer on the date of the passing of such resolution.
(2)  (a)  A director of a Government company to which this Article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment.
(b)  Any appointment or removal of any director or chief executive officer of a Government company to which this Article applies without the concurrence of the President shall be void and of no effect.
(3)  This Article shall apply to the Government companies specified in Part II of the Fifth Schedule.
(4)  Subject to clause (5), the President acting in accordance with the advice of the Cabinet may, by order published in the Gazette, add any other Government company to Part II of the Fifth Schedule; and no Government company shall be removed from that Part by any such order.
(5)  No Government company shall by order under clause (4) be added to Part II of the Fifth Schedule unless on the date of making of such order —
(a)
the value of the share holders’ funds of the company attributable to the Government’s interest in the company is worth $100 million or more; and
(b)
it is not a subsidiary of any of the Government companies specified in Part II of the Fifth Schedule; and for the purposes of this paragraph, “subsidiary” shall have the same meaning as in the Companies Act (Cap. 50).
Budgets of Government companies
22D.
—(1)  The board of directors of every Government company to which Article 22C applies shall —
(a)
before the commencement of its financial year, present to the President for his approval its budget for that financial year, together with a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the budget when implemented is likely to draw on the reserves which were not accumulated by the Government company during the current term of office of the Government;
(b)
present to the President for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and
(c)
within 6 months after the close of that financial year, present to the President —
(i)
a full and particular audited profit and loss account showing the revenue collected and expenditure incurred by the Government company during that financial year, and an audited balance-sheet showing the assets and liabilities of the Government company at the end of that financial year; and
(ii)
a declaration by the chairman of the board of directors and the chief executive officer of the Government company whether the audited profit and loss account and balance-sheet of the Government company show any drawing on the reserves which were not accumulated by the Government company during the current term of office of the Government.
(2)  The President, acting in his discretion, may disapprove the budget or supplementary budget of any such Government company if, in his opinion, the budget is likely to draw on reserves which were not accumulated by that company during the current term of office of the Government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the President shall cause his opinion to be published in the Gazette.
(3)  Where by the first day of the financial year of such Government company the President has not approved its budget for that financial year, the Government company —
(a)
shall, within 3 months of the first day of that financial year, present to the President a revised budget for that financial year together with the declaration referred to in clause (1); and
(b)
may, pending the decision of the President, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the Government company for the preceding financial year,
and if the President does not approve the revised budget, the Government company may during that financial year incur a total expenditure not exceeding the amount provided in the approved budget of the Government company for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year.
(4)  Any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the President under that clause for that financial year.
(5)  It shall be the duty of the board of directors and the chief executive officer of every Government company referred to in this Article to inform the President of any proposed transaction of the company which is likely to draw on the reserves accumulated by the company prior to the current term of office of the Government.
(6)  Where the President has been so informed under clause (5) of any such proposed transaction, the President, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the Government company prior to the current term of office of the Government, the President shall cause his decision and opinion to be published in the Gazette.
(7)  Where after 30th November 1991 a Government company is specified in Part II of the Fifth Schedule pursuant to an order made under Article 22C(4), any reference in this Article to the approved budget of a Government company for the preceding financial year shall, in relation to the first-mentioned Government company, be read as a reference to the budget for the financial year of the first-mentioned Government company immediately preceding the making of that order.
(8)  For the purposes of this Article, a proposed transfer or transfer by any Government company to which this Article applies (referred to in this clause and clause (9) as the transferor company) of any of its reserves to —
(a)
the Government;
(b)
any statutory board specified in Part I of the Fifth Schedule (referred to in this clause and clause (9) as the transferee board); or
(c)
another such Government company (referred to in this clause and clause (9) as the transferee company),
shall not be taken into account in determining whether the reserves accumulated by the transferor company before the current term of office of the Government are likely to be or have been drawn on if —
(i)
in the case of a proposed transfer or transfer of reserves by a transferor company to the Government — the Minister responsible for finance undertakes in writing to add those reserves of the transferor company to the reserves accumulated by the Government before its current term of office;
(ii)
in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee board — the transferee board by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee board before the current term of office of the Government; or
(iii)
in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee company before the current term of office of the Government.
(9)  Any reserves transferred by a transferor company together with or under any undertaking or resolution referred to in clause (8) shall be deemed to form part of the reserves accumulated by the Government, transferee board or (as the case may be) transferee company before the current term of office of the Government as follows:
(a)
where the budget of the transferor company for any financial year provides for the proposed transfer of reserves and the budget is approved by the President — at the beginning of that financial year;
(b)
where a supplementary budget of the transferor company provides for the proposed transfer of reserves and the supplementary budget is approved by the President — on the date of such approval by the President; or
(c)
in any other case — on the date those reserves are so transferred.
Moneys of the Central Provident Fund
22E.  The President, acting in his discretion, may withhold his assent to any Bill passed by Parliament which provides, directly or indirectly, for varying, changing or increasing the powers of the Central Provident Fund Board to invest the moneys belonging to the Central Provident Fund.
President’s access to information
22F.
—(1)  In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning —
(a)
the Government which is available to the Cabinet; and
(b)
any statutory board or Government company to which Article 22A or 22C, as the case may be, applies which is available to the members of the statutory board or the directors of the Government company.
(2)  The President may request —
(a)
any Minister, or any senior officer of a Ministry or of a department of the Government; or
(b)
the chief executive officer and any member of the governing board of any statutory board or the directors of any Government company to which Article 22A or 22C, as the case may be, applies,
to furnish any information referred to in clause (1) concerning the reserves of the Government, the statutory board or Government company, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.
Concurrence of President for certain investigations
22G.  Notwithstanding that the Prime Minister has refused to give his consent to the Director of the Corrupt Practices Investigation Bureau to make any inquiries or to carry out any investigations into any information received by the Director touching upon the conduct of any person or any allegation or complaint made against any person, the Director may make such inquiries or carry out investigations into such information, allegation or complaint if the President, acting in his discretion, concurs therewith.
President may withhold assent to certain Bills
22H.
—(1)  The President may, acting in his discretion, in writing withhold his assent to any Bill (other than a Bill seeking to amend this Constitution), if the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution.
(2)  The President, acting in accordance with the advice of the Cabinet, may pursuant to Article 100 (and whether before or after his assent has been withheld to a Bill under clause (1)), refer to a tribunal for its opinion the question whether the Bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution; and where such a reference is made to the tribunal, Article 100 shall apply, with the necessary modifications, to that reference.
(3)  Where a reference is made to the tribunal and the tribunal is of the opinion that neither the Bill nor any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the President by this Constitution, the President shall be deemed to have assented to the Bill on the day immediately after the day of the pronouncement of the opinion of the tribunal in open court.
(4)  For the purposes of this Article, where, on the expiration of 30 days after a Bill has been presented to the President for his assent, the President has neither signified the withholding of his assent to the Bill nor referred the Bill to a tribunal pursuant to Article 100, the President shall be deemed to have assented to the Bill on the day immediately following the expiration of the said 30 days.
Restraining order under Maintenance of Religious Harmony Act
22I.  The President, acting in his discretion, may cancel, vary, confirm or refuse to confirm a restraining order made under the Maintenance of Religious Harmony Act (Cap. 167A) where the advice of the Cabinet is contrary to the recommendation of the Presidential Council for Religious Harmony.
Civil List and personal staff of President
22J.
—(1)  The Legislature shall by law provide a Civil List for the maintenance of the President.
(2)  Any person exercising the functions of the office of President under Article 22N or 22O shall, during any period in which he exercises those functions, be entitled to such remuneration as the Legislature may by law provide.
(3)  The Civil List for the maintenance of the President or any person exercising the functions of the office of President shall be charged on and paid out of the Consolidated Fund and shall not be diminished during the continuance in office of the President or that person.
(4)  Subject to clause (5), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the President shall be matters for the President acting in his discretion.
(5)  The President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of clause (4) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the President but not as respects his service as a public officer.
(6)  The remuneration of the personal staff of the President, other than a person appointed under clause (5), shall be defrayed out of the Civil List for the maintenance of the President.
Immunity of President from suit
22K.
—(1)  Except as provided in clause (4), the President shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity.
(2)  No proceedings in any court in respect of anything done or omitted to be done by the President in his private capacity shall be instituted against him during his term of office.
(3)  Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as President shall not be taken into account in calculating any period of time prescribed by that law.
(4)  The immunity conferred by clause (1) shall not apply to —
(a)
any inquiry held by a tribunal pursuant to a resolution passed by Parliament under Article 22L; or
(b)
any proceedings before the Election Judge under Article 93A to determine the validity of any Presidential election.
Vacation of and removal from office of President
22L.
—(1)  The office of President shall become vacant —
(a)
upon the death of the President;
(b)
if the President resigns his office by writing under his hand addressed to the Prime Minister;
(c)
if the President is removed from office in accordance with clauses (3) to (7);
(d)
if the Election Judge in the exercise of his powers under Article 93A determines that the election of the President was void and does not determine that any other person was duly elected as President; or
(e)
if upon the expiration of the term of office of the incumbent the person declared elected as President fails to assume the office of President.
(2)  [Deleted by Act 17/94]
(3)  The Prime Minister or not less than one-quarter of the total number of the elected Members of Parliament referred to in Article 39(1)(a) may give notice of a motion alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of —
(a)
intentional violation of the Constitution;
(b)
treason;
(c)
misconduct or corruption involving the abuse of the powers of his office; or
(d)
any offence involving fraud, dishonesty or moral turpitude,
and setting out full particulars of the allegations made and seeking an inquiry and report thereon.
(4)  Where the motion referred to in clause (3) has been adopted by not less than half of the total number of the elected Members of Parliament referred to in Article 39(1)(a), the Chief Justice shall appoint a tribunal to inquire into the allegations made against the President.
(5)  A tribunal appointed by the Chief Justice shall consist of not less than 5 Judges of the Supreme Court of whom the Chief Justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose.
(6)  A tribunal shall, after due inquiry at which the President shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the Speaker together with the reasons therefor.
(7)  Where the tribunal reports to the Speaker that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, Parliament may by a resolution passed by not less than three-quarters of the total number of the elected Members of Parliament referred to in Article 39(1)(a) remove the President from office.
Determination by Election Judge that President was not duly elected or election of President was void
22M.
—(1)  Where the Election Judge in the exercise of his jurisdiction under Article 93A determines —
(a)
that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than 6 months from the date of the determination; or
(b)
that any other person was duly elected as President, then, such other person shall assume the office of President forthwith after the determination.
(2)  Upon the Election Judge making any determination that the election of the President was void and no other person was duly elected as President, the person who immediately before such determination was exercising the functions of the office of President shall forthwith cease to exercise such functions.
(3)  The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Election Judge subsequently determines that the election of such person as President was void or undue.
Persons to exercise functions of President when office is vacant
22N.
—(1)  If the office of President becomes vacant, the Chairman of the Council of Presidential Advisers or, if he is unavailable, the Speaker shall exercise the functions of the office of President during the period between the date the office of President becomes vacant and the assumption of office by the person declared elected as President.
(2)  If neither the Chairman of the Council of Presidential Advisers nor the Speaker is available, Parliament may appoint a person in accordance with clause (3) to exercise the functions of the office of President during the period referred to in clause (1).
(3)  Parliament shall not appoint any person to exercise the functions of the office of President under clause (2) unless the person is qualified to be elected as President.
(4)  The provisions of this Chapter relating to immunity from suits shall apply in relation to any person exercising the functions of the office of President pursuant to this Article as if references to the President in those provisions were references to that person.
(5)  Any person required or appointed to exercise the functions of the office of President pursuant to this Article or Article 22O shall, before exercising those functions, take and subscribe in the presence of the Chief Justice or another Judge of the Supreme Court the Oath of Office in the form set out in the First Schedule, except that neither the Chairman of the Council of Presidential Advisers nor the Speaker shall, during his term of office as such Chairman or as Speaker, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of President.
Temporary disability of President
22O.
—(1)  Subject to clause (2), if the President becomes temporarily unable, whether by reason of ill-health, absence from Singapore or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in Article 22N shall exercise the functions of the office of President during the period of temporary disability, and the provisions of Article 22N shall apply, with the necessary modifications, to that person.
(2)  Parliament shall not appoint any person to exercise the functions of the office of President under this Article unless the President agrees to that person being so appointed.
(3)  Clause (2) shall not apply if the President is unable for any reason to signify his agreement to a person being appointed under this Article to exercise the functions of the office of President.
Grant of pardon, etc.
22P.
—(1)  The President, as occasion shall arise, may, on the advice of the Cabinet —
(a)
grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one;
(b)
grant to any offender convicted of any offence in any court in Singapore, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the President may think fit, of the execution of any sentence pronounced on such offender; or
(c)
remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law.
(2)  Where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the President shall cause the reports which are made to him by the Judge who tried the case and the Chief Justice or other presiding Judge of the appellate court to be forwarded to the Attorney-General with instructions that, after the Attorney-General has given his opinion thereon, the reports shall be sent, together with the Attorney-General’s opinion, to the Cabinet so that the Cabinet may advise the President on the exercise of the power conferred on him by clause (1).
[12/2004 wef 15/05/2004]