/akn/sg/act/bill/2023/35

Constitution of the Republic of Singapore (Amendment No. 3) Bill

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Clause 1clause_0

—(1) This Act is the Constitution of the Republic of Singapore (Amendment No. 3) Act 2023.(2) Sections 2 and 4 are deemed to have come into operation on 14 September 2023.

Subclause 1clause_0.subclause_1

This Act is the Constitution of the Republic of Singapore (Amendment No. 3) Act 2023.

Subclause 2clause_0.subclause_0

Sections 2 and 4 are deemed to have come into operation on 14 September 2023.

Clause 2clause_1

In the Constitution of the Republic of Singapore (called in this Act the Constitution), after Article 22P, insert —“President may perform foreign and international roles in private capacity if national interest requires22Q.—(1) The President may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —(a)the President is not disabled by Article 19A(1) from performing the functions of that office;(b)the Cabinet advises the President that it is in the national interest for the President to accept and hold that office; and(c)the President, acting in his discretion, concurs with the advice of the Cabinet.(2) The Cabinet may from time to time advise the President against saying or doing anything in the performance of the functions of any office the President is holding pursuant to clause (1), and the President must act in accordance with the advice of the Cabinet.(3) The President must relinquish any office he holds pursuant to clause (1) if so advised by the Cabinet.(4) The President’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.”.

Subclause 2clause_1.subclause_0

The Cabinet may from time to time advise the President against saying or doing anything in the performance of the functions of any office the President is holding pursuant to clause (1), and the President must act in accordance with the advice of the Cabinet.

Subclause 3clause_1.subclause_1

The President must relinquish any office he holds pursuant to clause (1) if so advised by the Cabinet.

Subclause 4clause_1.subclause_2

The President’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.”.

Subclause 1clause_1.subclause_3

The President may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —(a)the President is not disabled by Article 19A(1) from performing the functions of that office;(b)the Cabinet advises the President that it is in the national interest for the President to accept and hold that office; and(c)the President, acting in his discretion, concurs with the advice of the Cabinet.

Clause 3clause_2

In the Constitution, after Article 33, insert —“Ministers may perform foreign and international roles in private capacity if national interest requires33A.—(1) A Minister may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —(a)the Minister is not disabled by Article 33 from performing the functions of that office; and(b)the Prime Minister considers it to be in the national interest for the Minister to accept and hold that office and gives permission for the Minister to do so.(2) The Prime Minister may from time to time instruct a Minister against saying or doing anything in the performance of the functions of any office the Minister is holding pursuant to clause (1), and the Minister must act in accordance with the instructions of the Prime Minister.(3) A Minister must relinquish any office he holds pursuant to clause (1) if so instructed by the Prime Minister.(4) A Minister’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.”.

Subclause 2clause_2.subclause_0

The Prime Minister may from time to time instruct a Minister against saying or doing anything in the performance of the functions of any office the Minister is holding pursuant to clause (1), and the Minister must act in accordance with the instructions of the Prime Minister.

Subclause 3clause_2.subclause_1

A Minister must relinquish any office he holds pursuant to clause (1) if so instructed by the Prime Minister.

Subclause 4clause_2.subclause_2

A Minister’s acceptance or relinquishment of any office pursuant to this Article must be published in the Gazette.”.

Subclause 1clause_2.subclause_3

A Minister may accept and hold an office in a foreign or international organisation in his private capacity if, and only if —(a)the Minister is not disabled by Article 33 from performing the functions of that office; and(b)the Prime Minister considers it to be in the national interest for the Minister to accept and hold that office and gives permission for the Minister to do so.

Clause 4clause_3

In the Constitution —(a)in Article 21A, replace clause (6) with —“(6) This Article does not apply to —(a)the President’s discretion under this Constitution to withhold consent to a request for a dissolution of Parliament; and(b)the President’s discretion under Article 22Q(1)(c).”; and(b)in Article 37IA(2)(c), after sub‑paragraph (i), insert —“(ia)the President’s discretion under Article 22Q(1)(c);”.

Subclauseclause_3.subclause_0

“(6) This Article does not apply to —(a)the President’s discretion under this Constitution to withhold consent to a request for a dissolution of Parliament; and(b)the President’s discretion under Article 22Q(1)(c).”; and