Parliament of Singapore Researching Singapore UK Australian Legislation

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Parliament of Singapore Researching Singapore, UK & Australian Legislation Houses of Parliament, UK Parliament

Parliament of Singapore Researching Singapore, UK & Australian Legislation Houses of Parliament, UK Parliament of Australia Conducted by Clement Lin 1 Lin Content by Lee Su-Lin & Clement ©NUS Libraries 2005 -2020

This tutorial is designed for the purpose of training first year law students in

This tutorial is designed for the purpose of training first year law students in the LARC programme to research legislation for Singapore, UK and Australia. No part of this publication may be reproduced or transmitted in any form or by any means, including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the author. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work. 2 © C J Koh Law Library 2005 -2020

Researching Singapore, UK & Australian Legislation Main Contents I. Singapore Legislation p. 4 II.

Researching Singapore, UK & Australian Legislation Main Contents I. Singapore Legislation p. 4 II. UK Legislation p. 47 III. Australian Legislation p. 74 IV. Live Demonstration p. 100 3

I. Singapore Legislation A. Introduction 2 main sources of legislation in Singapore today: I.

I. Singapore Legislation A. Introduction 2 main sources of legislation in Singapore today: I. Statutes of the Republic of Singapore II. Subsidiary Legislation of the (primary legislation) Republic of Singapore Print: K 7399 (year) (secondary legislation) Print: K 7449 1990 4

I. Singapore Legislation A. Introduction Legislative Process – A Simplified Overview Primary Legislation (Acts

I. Singapore Legislation A. Introduction Legislative Process – A Simplified Overview Primary Legislation (Acts of Parliament) Why? Documents produced at each stage may be relevant to statutory interpretation 5

I. Singapore Legislation Legislature B. Legislative Process • Parliament of Singapore • The President

I. Singapore Legislation Legislature B. Legislative Process • Parliament of Singapore • The President As principal law-making body, enacts Acts of Parliament How? • Acts begin life as Bills, which are drafts by the Legislation Division, Attorney. General's Chambers • Sometimes, the Government may also issue Pre-Parliamentary Materials, such as White Papers, Green Papers and Public Consultations 6

I. Singapore Legislation First Reading Important! Second Reading Committee Stage Third Reading B. Legislative

I. Singapore Legislation First Reading Important! Second Reading Committee Stage Third Reading B. Legislative Process • Bill is introduced • No parliamentary debate • Minister’s speech explains objects of the bill • Parliament debates on the merits and principles • Bill is considered by a Committee of the whole Parliament • In special cases, Bill may be referred to a Select Committee • Minor amendments may be proposed and adopted • The Bill is then put to vote 7

I. Singapore Legislation PCMR Presidential Assent Government Printer B. Legislative Process • The Presidential

I. Singapore Legislation PCMR Presidential Assent Government Printer B. Legislative Process • The Presidential Council for Minority Rights will scrutinise the Bill to ensure no discrimination against race or religion • This stage is a formality, where the President assents to the Bill • The Bill becomes law (i. e. An Act of Parliament) • The Act is published in the Government Gazette, Acts Supplement • The Act only comes into force on a date determined by the Minister; or notified by Commencement Notification in the Government Gazette. Note: Above process only relates to Government Bills For more details, see The Legislative Process (by AGC) 8

I. Singapore Legislation C. Legislative Documents (1) Pre-Parliamentary/Pre-Legislative Materials Parliamentary papers are formal government

I. Singapore Legislation C. Legislative Documents (1) Pre-Parliamentary/Pre-Legislative Materials Parliamentary papers are formal government publications that may be presented to the House of Parliament, and often serve as a useful source of policy reasoning. These include Command Papers, which are presented on command of the President, on initiative of a Minister. Examples include: • White Paper: Policy document issued by the Government to explain or discuss matters. White Papers are often presented for debate in Parliament. • Green Paper: Issued before formulation of Government policy, usually in the form of a preliminary discussion or consultative report There also other types of publications, such as Public Consultations by Ministries. Online: Papers Presented to Parliament (2011 - Present, some pre-2011 available) 9

I. Singapore Legislation (1) Pre-Parliamentary Materials C. Legislative Documents E. g. (1) Green Paper

I. Singapore Legislation (1) Pre-Parliamentary Materials C. Legislative Documents E. g. (1) Green Paper by the MCI & Min. Law E. g. (2) White Paper by PMO Deliberate Online Falsehoods: Challenges and Implications (Misc. 10 of 2018) Population White Paper: A Sustainable Population for a Dynamic Singapore (Cmd. 1 of 2013) 10

I. Singapore Legislation C. Legislative Documents (2) Bills Supplement The Bills Supplement is published

I. Singapore Legislation C. Legislative Documents (2) Bills Supplement The Bills Supplement is published in the Government Gazette. The Explanatory Statement is found at the back of the Bill. It is useful for research as it explains the purpose & intent of the legislation. Print: K 7499 SB Online: Parliament (2006 -); SSO (1961 -) E. g. Protection from Online Falsehoods and Manipulation Bill (Bill No. 10/2019) 11

I. Singapore Legislation C. Legislative Documents (3) Parliamentary Debates (Hansard) The Second Reading of

I. Singapore Legislation C. Legislative Documents (3) Parliamentary Debates (Hansard) The Second Reading of a bill in Parliament is of particular significance. It contains the most substantial debate of the general merits and principles of the Bill moved by the Minister. Hence, it is • used in legal research to understand the motivation or purpose of a bill • useful for statutory interpretation. Print: J 618 SLAD Online: Parliament (1955 -) E. g. Protection from Online Falsehoods and Manipulation Bill, Order for Second Reading, Parliamentary Debates Singapore: Official Report, vol 94 (7 May 2019) 12 (K Shanmugam, The Minister for Law)

I. Singapore Legislation C. Legislative Documents (4) Select Committee Reports Bills may be referred

I. Singapore Legislation C. Legislative Documents (4) Select Committee Reports Bills may be referred to the Select Committee for special consideration. These tend to pertain to matters of public interest, such as the Protection from Online Falsehoods and Manipulation Bill. Select Committees may invite the public and experts to provide written representations and present in-depth evidence and documents. The Committee will deliberate its findings and report back to the House. Print: K 7524 … Online: Parliament (1955 -) E. g. Report of the Select Committee on Deliberate Online Falsehoods – Causes, Consequences and Countermeasures (Parl 15 of 2018) 13

I. Singapore Legislation C. Legislative Documents (5) Acts Supplement After the Bill goes through

I. Singapore Legislation C. Legislative Documents (5) Acts Supplement After the Bill goes through the Third Reading, Presidential Council for Minority Rights and Presidential Assent, it becomes primary legislation, i. e. An Act of Parliament. All Acts and Amendment Acts are published in sequential order in the Acts Supplement of the Government Gazette. Print: K 7399 SA Online: e. Gazette (1999 -); SSO (1985 -) E. g. Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019) (“POFMA”) 14

I. Singapore Legislation C. Legislative Documents (5. 5) Commencement Notification The effective date that

I. Singapore Legislation C. Legislative Documents (5. 5) Commencement Notification The effective date that an Act will come into force is: • On a date determined by the Minister in charge of Act; or • Notified by a Commencement Notification in the Gazette. This is published in the Subsidiary Legislation Supplement. E. g. We note that POFMA has not commenced as of Sep 2019, as the Notification has not been published. (UPDATE: POFMA commenced as of 2 Oct 19) Print: K 7449 SLS; Online: e. Gazette (1999 -); SSO (1991 -) Legal Aid and Advice (Amendment) Act 2018 (Commencement) 15 Notification 2019 (S 399 of 2019)

I. Singapore Legislation B - C. Legislative Process & Documents For details on the

I. Singapore Legislation B - C. Legislative Process & Documents For details on the legislative process, refer to the following websites: Attorney-General’s Chambers of Singapore, “The Legislative Process”, online: AGC Singapore <https: //www. agc. gov. sg/our-roles/drafter-of-laws/the-legislative-process> • The Government of Singapore, “The Singapore Government Explained - Part 2: How Laws are Made”, online (video) : You. Tube <https: //www. youtube. com/watch? v= TZPWz 7 d 0 w 1 w> Parliament of Singapore, “Educational Resources: How are Laws Made? ”, online: Parliament of Singapore <https: //www. parliament. gov. sg/visit-learn/educationalresources#tabs-6> See also: Parliament of Singapore, “Standing Orders of the Parliament of Singapore”, online: Parliament of Singapore <https: //www. parliament. gov. sg/parliamentarybusiness/standing-orders> • Parliament of Singapore, “Glossary”, online: Parliament of Singapore <https: //www. parliament. gov. sg/parliamentary-business/glossary> 16

I. Singapore Legislation D. Subsidiary Legislation Secondary Legislation (Subsidiary Legislation) An Act generally sets

I. Singapore Legislation D. Subsidiary Legislation Secondary Legislation (Subsidiary Legislation) An Act generally sets out broad guidelines and principles. More detailed rules may be necessary to implement the law. To fulfil this need, laws called Subsidiary Legislation are drawn up by the Ministers or other administrative agencies. Many Acts will contain an ‘enabling’ section to allow the Minister to issue rules and regulations to implement the principles laid out in the Acts empower creation of: Current: Online – SSO; Print Revised Ed – K 7449 1990 As Published: Print: K 7449 SLS; Online: e. Gazette (1999 -); SSO (1991 -) 17

I. Singapore Legislation E. g. Personal Data Protection Act 2012 (No. 26 of 2012)

I. Singapore Legislation E. g. Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”): D. Subsidiary Legislation Regulations and various Rules, Orders and Notifications have been made pursuant to powers given to the Minister under s 65. Some examples: • General regulations issued by the Personal Data Protection Commission (PDPC); • Specific regulations regarding the creation of the Do Not Call (DNC) Registry; • Various statutory notifications 18

I. Singapore Legislation D. Subsidiary Legislation Note: The Acts supplement and subsidiary legislation supplement

I. Singapore Legislation D. Subsidiary Legislation Note: The Acts supplement and subsidiary legislation supplement are part of the Government Gazette which is divided into a few other sections: Government Gazette Main Acts supplement Subsidiary legislation supplement Bills supplement Industrial relations supplement Treaties supplement Supplement 19

I. Singapore Legislation E. Amendments to Acts (1) Amendments to Acts An Act may

I. Singapore Legislation E. Amendments to Acts (1) Amendments to Acts An Act may subsequently be amended. This can be done in 2 ways, either by i. Act supplement – this will need to be passed by Parliament or ii. Subsidiary legislation supplement. (2) Revised Editions of Acts Amendments may be compiled into a Revised Edition. The Law Revision Commission (LRC) revises Acts, particularly after substantial amendments have been made to them. 20

I. Singapore Legislation E. Amendments to Acts Earlier Revised Editions of the Singapore Statutes

I. Singapore Legislation E. Amendments to Acts Earlier Revised Editions of the Singapore Statutes 1955 Rev. Ed. 1970 Rev. Ed. 1985 Rev. Ed. 21

I. Singapore Legislation E. g. How Hire-Purchase Act was amended over the years 1.

I. Singapore Legislation E. g. How Hire-Purchase Act was amended over the years 1. The Act Supplement was first published in 1969 and a 1970 Revised Edition was produced 2. Amendments were made to the 1970 Rev Ed. These were made by various Acts and Subsidiary Legislation. 3. These amendments were incorporated through the publication of the 1985 Revised Edition. E. Amendments to Acts 22

I. Singapore Legislation E. Amendments to Acts (3) Current/Consolidated Version of Acts Further amendments

I. Singapore Legislation E. Amendments to Acts (3) Current/Consolidated Version of Acts Further amendments to Acts and Revised Editions are incorporated into the current (consolidated) version of Acts through Singapore Statutes Online. However, this is an unofficial compilation of Singapore legislation. Only the Revised Edition of an Act is authoritative and is, in all courts and for all purposes, the sole and only proper law in respect of those Acts. 23

I. Singapore Legislation E. Amendments to Acts Differences between Revised and Current Version Revised

I. Singapore Legislation E. Amendments to Acts Differences between Revised and Current Version Revised Edition + Act/SL Supplements Consolidated Version Status Authoritative source from Gov Printer / Gazette Unofficially compiled by AGC Relevance Useful for official submissions Useful for reference Availability Print; some Online via SSO 24

I. Singapore Legislation E. Amendments to Acts Differences between Revised and Current Version Revised

I. Singapore Legislation E. Amendments to Acts Differences between Revised and Current Version Revised Edition + Amendments Authoritative Current Version Unofficial but useful 25

I. Singapore Legislation A blast from the past … The old “SSO” E. Amendments

I. Singapore Legislation A blast from the past … The old “SSO” E. Amendments to Acts Modern SSO 26

I. Singapore Legislation Principal Act Amendments Rules made pursuant to Act Subsidiary Legislation Act

I. Singapore Legislation Principal Act Amendments Rules made pursuant to Act Subsidiary Legislation Act Supplement E. g. 20 of 1998 • Bill • Parliamentary debate E. Amendments to Acts Consolidation (Singapore Statutes Online (SSO)) of amendments Substantial amendments to Act Subsidiary Legislation Supplement e. g. S 404/2000 Consolidated Version of Act Revised Edition of Act Note: authoritative version (in print; selection in SSO & Law. Net) Any further amendments Compiled unofficially Latest Consolidated Version of Act (Singapore Statutes Online (SSO)) 27

I. Singapore Legislation F. Legislative History Retrieving Legislative History The Legislative History is a

I. Singapore Legislation F. Legislative History Retrieving Legislative History The Legislative History is a useful research tool that contains: • the list of Acts that amended the earlier editions • information on related Parliamentary Debates and Bills. It can be obtained via: 1. Online: Timeline function on SSO 2. Online: Legislative History tab in the SSO contents page 3. Print: Legislative History in the front or back of a print Revised Edition 28

I. Singapore Legislation F. Legislative History E. g. Companies Act (Cap. 50, 2006 Rev.

I. Singapore Legislation F. Legislative History E. g. Companies Act (Cap. 50, 2006 Rev. Ed. Sing. ) For changes to the current Rev. Ed. of the Companies Act on SSO: The Timeline indicating legislative history is located in the top panel on the first page of the Act. Legislative History is available at the bottom of the Table of Contents 29

I. Singapore Legislation F. Legislative History E. g. How to interpret Legislative History of

I. Singapore Legislation F. Legislative History E. g. How to interpret Legislative History of Companies Act (Cap. 50, 2006 Rev. Ed. Sing. ) Short title and Chapter no. Original Act Current Rev. Ed. Date current Rev. Ed. came into effect Previous Rev. Eds. 1994 Rev. Ed. amended by: Act Supplements & Subsidiary Legislation Supplements 21

I. Singapore Legislation F. Legislative History E. g. How to interpret Legislative History of

I. Singapore Legislation F. Legislative History E. g. How to interpret Legislative History of Companies Act (Cap. 50, 2006 Rev. Ed. Sing. ) Changes to “Principal Act” (1994 Rev. Ed. ) made by: • Amendment Act Dates of readings of Parliamentary Debates • Other amending Acts Dates of commencement of Amendment & amending Acts

I. Singapore Legislation G. History of the Acts Today, Acts are laws passed by

I. Singapore Legislation G. History of the Acts Today, Acts are laws passed by Parliament and assented to by the President. In earlier times, bodies like the Legislative Council of the Straits Settlements and Singapore Legislative Assembly had power to legislate for Singapore. Different terminology was used to refer to legislation, e. g. Ordinances. Such legislation may still be in force today if they have not been repealed. Therefore, legislation in force today may emanate from different periods of legislative history (see table on next slide). 32

I. Singapore Legislation Period G. History of the Acts Title of Legislation 1823 Raffles

I. Singapore Legislation Period G. History of the Acts Title of Legislation 1823 Raffles Regulations (validity disputed) 1830 Penang Governor’s Regulations (validity of some disputed) 1830 -1834 Bengal Regulations 1834 -1867 Indian Acts 1867 -1942 Straits Settlements Acts and Ordinances 1942 -1945 Japanese Military Administration Proclamations, Legislative Enactments, etc. (all repealed by the British Military Administration after the war) 1945 -1946 British Military Administration Proclamations 1946 -1959 Colony of Singapore Acts and Ordinances 1959 -1963 Colony of the State of Singapore Acts and Ordinances 1963 -1965 Federation of Malaysia Acts of Parliament/State of Singapore Acts 1965 - Statutes of the Republic of Singapore 33

I. Singapore Legislation G. History of the Acts For details, see Lib. Guide: Historical

I. Singapore Legislation G. History of the Acts For details, see Lib. Guide: Historical Sources of Singapore Law 34

I. Singapore Legislation Version H. Where to Find It 1 a. Modern Acts Location

I. Singapore Legislation Version H. Where to Find It 1 a. Modern Acts Location Rev. Ed. (print) • 1985 - • *K 7399 (year) • 1970 • 1955 • *K 7399 1970 • *K 7399 1955 Consolidated version (online) • Singapore Statutes Online (Current Rev. Eds. located at Law Library Loans Desk) https: //sso. agc. gov. sg • Law. Net Access via Faculty of Law Resources *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 35

I. Singapore Legislation H. Where to Find It 1 b. Acts Supplement Version Location

I. Singapore Legislation H. Where to Find It 1 b. Acts Supplement Version Location Print (1965 -) *K 7399 SA Online • Singapore Statutes Online (1985 -) https: //sso. agc. gov. sg/Browse/Acts-Supp • Law. Net Access via Faculty of Law Resources • e. Gazette (1999 -) Access via NUS Libraries Resources *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 36

I. Singapore Legislation H. Where to Find It 2 a. Subsidiary Legislation Version Location

I. Singapore Legislation H. Where to Find It 2 a. Subsidiary Legislation Version Location Rev. Ed. (1990 -) (print) *K 7449 1990 Consolidated version (online) • Singapore Statutes Online (Updated set in Singapore-Malaysia Collection) https: //sso. agc. gov. sg/ • Law. Net Access via Faculty of Law Resources *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 37

I. Singapore Legislation H. Where to Find It 2 b. Subsidiary Legislation Supplements Version

I. Singapore Legislation H. Where to Find It 2 b. Subsidiary Legislation Supplements Version Location Print (1965 -) *K 7449 SLS Online • Singapore Statutes Online (1991 -) https: //sso. agc. gov. sg/Browse/SL-Supp • Law. Net Access via Faculty of Law Resources • e. Gazette (1999 -) Access via NUS Libraries Resources *Refer to LINC for exact location in library Note: for older legislation, refer to Historical Sources of Singapore Law 38

I. Singapore Legislation H. Where to Find It 3. Bills (incl Explanatory Statements &

I. Singapore Legislation H. Where to Find It 3. Bills (incl Explanatory Statements & Table of Derivations) Version Location Government Gazette. Bills Supplement (1963 -) *K 7499 SB Supplement to the Government Gazette (1947 1962) *K 7449 S Government Gazette. Bills Supplement (online) • Parliament of Singapore (2006 -) – Bills Introduced • Singapore Statutes Online (1961 -) – Bills Supplement *Refer to LINC for exact location in library Note: for older bills, refer to Historical Sources of Singapore Law 39

I. Singapore Legislation H. Where to Find It 4. Parliamentary Debates/Hansard Version Parliamentary Debates:

I. Singapore Legislation H. Where to Find It 4. Parliamentary Debates/Hansard Version Parliamentary Debates: Official Report; incl. Legislative Assembly Debates (1956 -) (print) Location *J 618 SLAD Official Reports: Parliament of Singapore Parliamentary Debates (1955 https: //sprs. parl. gov. sg/search/ -) (online) *Refer to LINC for exact location in library Note: for older debates, refer to Historical Sources of Singapore Law 40

I. Singapore Legislation H. Where to Find It 5. Select Committee Reports Version Location

I. Singapore Legislation H. Where to Find It 5. Select Committee Reports Version Location Report of the Select Committee on the … (1950 -) (print) *K 7524 … Select Committee Reports (1955 -) (online) Parliament of Singapore https: //www. parliament. gov. sg/parliamen tary-business/select-committee-reports *Refer to LINC for exact location in library Note: for older reports, refer to Historical Sources of Singapore Law 41

I. Singapore Legislation I. Research Tools Task Search Aid 1. Finding legislation a. Current

I. Singapore Legislation I. Research Tools Task Search Aid 1. Finding legislation a. Current Print: • Alphabetical List of Public Acts Ref: K 7399 1985 (at Law Library Loans Desk) More indexes available via Law – Singapore – Indexes. Online: • Singapore Statutes Online https: //sso. agc. gov. sg/ • Law. Net Access via Faculty of Law Resources • e. Gazette Access via NUS Libraries E-Resources 42

I. Singapore Legislation I. Research Tools Task Search Aid 1. Finding legislation b. Earlier

I. Singapore Legislation I. Research Tools Task Search Aid 1. Finding legislation b. Earlier and historical Print: • Tables of the Written Laws of the Republic of Singapore: 1819 -1971 (Vol 1); 1982 (Vol 2) *Ref: K 7574 1971; K 7574 1982 • The common law abroad … an annotated bibliography *Ref: KB 280 Dup 2001 (Reference Office); Online: Hein. Online • Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore: 1834 -1984 *Ref: K 7574 1984 More indexes available via Law – Singapore – Indexes. Online: See also Lib. Guide: Bibliography – Indexes *Refer to LINC for exact location in library 43

I. Singapore Legislation I. Research Tools Task Search Aid 2. Finding whether legislation has

I. Singapore Legislation I. Research Tools Task Search Aid 2. Finding whether legislation has been cited in a case Print: • Mallal's Digest Legislation Citator: 1932 to 2014 *Ref: K 7599. 3 Mdl 2014 Note: The latest Legislation Citator (1932 to 2015) only contains references to Malaysian legislation • Singapore Law Reports (Reissue): Table Of Legislation Referred To: 1965 to 2009 *Ref: K 7599 SLR Online: Law. Net – Legal Research -> Reference Trace -> Enter details under ‘Legislation Reference Search’ Access via Faculty of Law Resources *Refer to LINC for exact location in library 44

I. Singapore Legislation Task I. Research Tools Search Aid 3. Statutory interpretation • Parliamentary

I. Singapore Legislation Task I. Research Tools Search Aid 3. Statutory interpretation • Parliamentary debates (slide 36) or select committee reports (slide 37) • Explanatory statements in bills (slide 35) • White papers, green papers, etc. (Law Reform tab) • Butterworths Annotated Statutes of Singapore Ceased publication but useful for older editions of Acts Ref: K 7399 Sbas See also: Other annotations, E. g. Sweet & Maxwell / Lexis • Halsbury’s Laws of Singapore Ref: KE 5011 Hal, Online: Lexis Advance Singapore • Treatises e. g. textbooks, thesis Search LINC for availability of books • Journal articles Search Law. Net: Law students access via Faculty of Law Resources 45

I. Singapore Legislation References For details on statutory laws in general: Gary Chan Kok

I. Singapore Legislation References For details on statutory laws in general: Gary Chan Kok Yew, Jack Tsen-Ta Lee, The Legal System of Singapore : Institutions, Principles and Practices (Singapore : Lexis. Nexis, 2015). Ref: KE 5020 Cha 2015 Robert C. Beckman, Brady S. Coleman & Joel Lee, Case Analysis and Statutory Interpretation, 2 nd ed. (Singapore: Faculty of Law, National University of Singapore, 2001). Ref: KE 5280 Bec For historical accounts of the Acts: Elizabeth Srinivasagam, comp. , Tables of the Written Laws of the Republic of Singapore 1819 -1971 (Singapore: Malaya Law Review, 1972). Ref: K 7574 1971 G. W. Bartholomew, Elizabeth Srnivasagam & Pasca Baylon Netto, Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore 1834 -1984 (Singapore: Malaya Law Review, 1987). Ref: K 7574 1984 Michael F. Rutter, The Applicable Law in Singapore and Malaysia: a Guide to Reception, Precedent and the Sources of Law in the Republic of Singapore and the Federation of Malaysia (Singapore: Malayan Law Journal, 1989). Ref: KE 5020 Rut 46

II. UK Legislation A. Introduction The United Kingdom of Great Britain and Northern Ireland

II. UK Legislation A. Introduction The United Kingdom of Great Britain and Northern Ireland consists of 4 countries forming 3 distinct jurisdictions, being England Wales; Scotland Northern Ireland. Since 1999, Scotland Northern Ireland have had legislative bodies capable of producing primary legislation for those regions. In Wales, the powers of the National Assembly are limited to producing only secondary legislation. © 2005 Travelonline. com 47

II. UK Legislation A. Introduction © Lee Su-Lin 2013 The scope of this tutorial

II. UK Legislation A. Introduction © Lee Su-Lin 2013 The scope of this tutorial will be limited to researching legislation produced by the United Kingdom Parliament for the entire region. UK legislation is of great relevance to Singapore as many of our statutes originated or were derived from UK Acts. The Application of English Law Act (Cap. 7 A, 1994 Rev. Ed. Sing. ) specifies which English enactments continue to apply in Singapore, subject to necessary modifications. 48

II. UK Legislation A. Introduction Brief Overview of the Legislative Process (Source: UK Parliament)

II. UK Legislation A. Introduction Brief Overview of the Legislative Process (Source: UK Parliament) Bicameral System 49

II. UK Legislation A. Introduction The 2 main categories of UK legislation are 1.

II. UK Legislation A. Introduction The 2 main categories of UK legislation are 1. Acts of Parliament (primary legislation) a. Public General Acts b. Local and Personal Acts This tutorial will focus on Public General Acts. 2. Statutory Instruments (secondary legislation) This is a generic term used for orders, regulations, rules, codes etc. generally made by government ministers under powers delegated by Parliament. 50

II. UK Legislation B. Where to Find It There are several sources of full

II. UK Legislation B. Where to Find It There are several sources of full text Acts of Parliament. It is important to distinguish between sources which • give the text of the statute as it was originally published (e. g. Queen Printer’s copy) and • those which give the law as it currently stands i. e. incorporate repeals or amendments made since the Act was passed (e. g. Halsbury’s Statutes) 51

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as originally enacted) Version Notes Source/Location Public General Acts. Queen’s Printer / HMSO copy Individual Acts. • legislation. gov. uk: http: //www. legislat 1988 ion. gov. uk/ (selected statutes fr. 1267 (Selection available) -1987) • Justis. One Public General Acts … Annual bound volumes. • 1952 -2012 (recent vols incoming) • 1866 -1951 • *K 2011 PG • *K 2011 P Search for an Act by the year of the Act *Refer to LINC for exact location in library 52

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act legislation. gov. uk: http: //www. legislation. gov. uk/ Search for Act and select UK Public General Acts 53

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act 54

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act 55

II. UK Legislation B. Where to Find It Example of an Original Public General

II. UK Legislation B. Where to Find It Example of an Original Public General Act Compare this with Section 3 of the Copyright, Designs and Patents Act in the revised Act on slide 60 56

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as

II. UK Legislation B. Where to Find It 1 a. Acts of Parliament (as originally enacted) Version Notes Source/Location The Law Reports. Statutes Reprint of the Public General Acts. 1987 -2003 *K 2011 P CL Closed Stacks Current Law Statutes Annotated Contains annotations. 1966/67, 1973, 1979 - *KB 3 CLSA *Refer to LINC for exact location in library 57

II. UK Legislation B. Where to Find It 1 b. Acts of Parliament (revised;

II. UK Legislation B. Where to Find It 1 b. Acts of Parliament (revised; amendments incorporated) Version Notes Source/Location Revised legislation The official revised edition of the primary legislation of the United Kingdom. Includes the full, amended text of Acts currently in force, as well as legislation recently enacted but not yet in force • legislation. gov. uk: Halsbury’s Statutes of England Wales (4 th ed) Includes annotations *K 2016 Hal http: //www. legislation. gov. uk/ Note: 98% fully up to date as of 2019 • West. Law (International Materials -> UK -> Legislation) • Lexis Advance (Browse -> UK -> Content Type: UK Legislation -> UK Acts of Parliament) *Refer to LINC for exact location in library 58

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations legislation. gov. uk: Note: If statute is not up to date, it will indicate this message in red: 59

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations

II. UK Legislation B. Where to Find It Example of Revised Statute with Annotations 60

II. UK Legislation Version B. Where to Find It 2. Early English Statutes Notes

II. UK Legislation Version B. Where to Find It 2. Early English Statutes Notes Source/Location Statutes of the Realm 1235 -1713. Includes charters from 1101 -1301 Most authoritative *K 2016 Sta Online: Hein. Online Statutes at Large (generic title) 1225 -1865. Includes Magna Carta *K 2011 LP Online: Justis. One (Ruffhead’s Statutes) Acts and Ordinances of the Interregnum 1642 -1660 *K 2015 Fir CL Closed Stacks *Refer to LINC for exact location in library 61

II. UK Legislation B. Where to Find It 3. Statutory Instruments Version Statutory Instruments

II. UK Legislation B. Where to Find It 3. Statutory Instruments Version Statutory Instruments Notes Source/Location • Print. Original. 19562004 • *K 2012 SI • Online. Original and revised legislation • legislation. gov. uk: • Online. Revised legislation Statutory Rules & Orders and Statutory Instruments Revised to December 31, 1948 *Refer to LINC for exact location in library http: //www. legislation. gov. uk/ • West. Law • Lexis Advance *K 2012 1948 62

II. UK Legislation B. Where to Find It UK Statutes and Statutory Instruments Note:

II. UK Legislation B. Where to Find It UK Statutes and Statutory Instruments Note: These are now shelved mainly in the Law Library Closed Stacks 63

II. UK Legislation B. Where to Find It 4. Bills (including Explanatory Notes) Version

II. UK Legislation B. Where to Find It 4. Bills (including Explanatory Notes) Version Source/Location Public Bills Before Parliament United Kingdom Parliament 2002(online) http: //www. parliament. uk/business/billsand-legislation/ Bills House of Commons Parliamentary Papers 1801 -2004 (online) Access via NUS Libraries Portal *Refer to LINC for exact location in library Note: Explanatory notes explain the purpose of a bill. 64

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard Category House of

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard Category House of Commons • Print: 1909 -1986 Source/Location • *J 301 H 2 C CL Closed Stacks • Online: 1988 - • United Kingdom Parliament: http: //www. parliament. uk/business/publication s/hansard/commons/ 1803 -2005 http: //hansard. millbanksystems. com/commons *Refer to LINC for exact location in library 65

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard (contd. ) Category

II. UK Legislation B. Where to Find It 5. Parliamentary Debates/Hansard (contd. ) Category Source/Location House of Lords • Print: 1909 -1985 • *J 301 H 2 L CL Closed Stacks • Online: 1995 - • United Kingdom Parliament: http: //www. parliament. uk/business/publications/ hansard/lords/ 1803 -2005 http: //hansard. millbanksystems. com/lords/ *Refer to LINC for exact location in library 66

II. UK Legislation C. Research Tools In this section, only reference tools for researching

II. UK Legislation C. Research Tools In this section, only reference tools for researching modern UK Acts will be dealt with. Research tools in LW Reference 1 67

II. UK Legislation C. Research Tools UK Acts Task 1. Finding Acts Search Aid

II. UK Legislation C. Research Tools UK Acts Task 1. Finding Acts Search Aid Print: • Halsbury’s Statutes: Consolidated Index … Including Alphabetical and Chronological Lists of Statutes Printed in the volumes *Ref: K 2016 Hal • Chronological Table of the Statutes (1235 -1968; 1969 -1992; 1993 -2016) *Ref: K 2017 Gre • Index to the Statutes (1235 -1990) *Ref: K 2017 Gre *Refer to LINC for exact location in library 68

II. UK Legislation C. Research Tools UK Acts Search Aid Task 1. Finding Acts

II. UK Legislation C. Research Tools UK Acts Search Aid Task 1. Finding Acts (contd. ) Online: • Justis. One (original) Access via NUS Libraries Portal • Legislation. gov. uk (original and revised versions of legislation) http: //www. legislation. gov. uk/ • Lexis Advance (revised) Access via NUS Libraries Portal (International Materials -> UK -> Legislation) • Westlaw (revised) Access via NUS Libraries Portal (Browse -> UK -> Content Type: UK Legislation -> UK Acts) 69

II. UK Legislation C. Research Tools UK Acts Task Search Aid 2. Has an

II. UK Legislation C. Research Tools UK Acts Task Search Aid 2. Has an Act been amended? Halsbury’s Statutes: Citator … 3. Is an Act in Force? Halsbury’s Statutes: Is It In Force? … • Commencement dates *Ref: K 2016 Hal • Repeal of sections or Acts 4. Has a specific Act been cited in any cases? • Current Law: Legislation Citator *Ref: KB 3 CLL • Halsbury’s Statutes: Citator … *Ref: K 2016 Hal • Justis. One (Under “Citing Cases”) Online: access via NUS Libraries Portal *Refer to LINC for exact location in library 70

II. UK Legislation Task 5. Interpretation of Acts C. Research Tools UK Acts Search

II. UK Legislation Task 5. Interpretation of Acts C. Research Tools UK Acts Search Aid • Parliamentary debates (slide 61 or 62) • Explanatory notes in bills (slide 60) • Law Commission reports and papers Online: Law Commission – Documents • Current Law Statutes Annotated *Ref: KB 3 CLSA • Halsbury’s Statutes of England Wales *Ref: K 2016 Hal 71

II. UK Legislation C. Research Tools UK Acts Task 5. Interpretation of Acts (contd.

II. UK Legislation C. Research Tools UK Acts Task 5. Interpretation of Acts (contd. ) Search Aid • Halsbury’s Laws of England *Ref: KB 11 Hal • Treatises e. g. textbooks Search LINC for availability of books • Journal articles Search journal databases on NUS Libraries Portal, e. g. Hein. Online 72

II. UK Legislation D. References • Cabinet Office, “Guide to Making Legislation”, online: GOV.

II. UK Legislation D. References • Cabinet Office, “Guide to Making Legislation”, online: GOV. UK <https: //www. gov. uk/government/publications/guide-to-makinglegislation> • Bodleian Libraries, “Legislation: UK & England” , online: Oxford Lib. Guides <http: //libguides. bodleian. ox. ac. uk/c. php? g=423230&p= 2890229> • Sarah Carter, “A Guide to the UK Legal System”, online: Globa. Lex <http: //www. nyulawglobal. org/globalex/United_Kingdom 1. htm> 73

III. Australian Legislation A. Introduction The Commonwealth of Australia is a federation of states.

III. Australian Legislation A. Introduction The Commonwealth of Australia is a federation of states. As such, Australian citizens are subject to laws made by both the Commonwealth Parliament, and the parliament of the state or territory in which they reside. Copyright © 2009 Department of Immigration and Citizenship, Australian Government 74

III. Australian Legislation Australian legislation is of relevance to Singapore as some of our

III. Australian Legislation Australian legislation is of relevance to Singapore as some of our Acts are derived from Australian statutes. E. g. Company Law: Many sections of the Companies Act (Cap. 50, 2006 Rev. Ed. ) are closely aligned with the Australian Companies Act 1961. (Victoria No. 6839/1961) A. Introduction 75

III. Australian Legislation A. Introduction E. g. Property Law: The Torrens system of conveyancing

III. Australian Legislation A. Introduction E. g. Property Law: The Torrens system of conveyancing was introduced into Singapore by the Land Titles Ordinance 1956, based on the Conveyancing (Strata Titles) Act (New South Wales, No. 17 of 1961). Very similar in pari materia wording 76

III. Australian Legislation A. Introduction Brief Overview of the Legislative Process Bicameral System (Source:

III. Australian Legislation A. Introduction Brief Overview of the Legislative Process Bicameral System (Source: Parliament of Australia) 77

III. Australian Legislation A. Introduction This scope of this tutorial will be limited to

III. Australian Legislation A. Introduction This scope of this tutorial will be limited to researching Commonwealth legislation only. The 2 main categories of Australian legislation are: I. Acts of the Parliament of the Commonwealth of Australia (primary legislation) II. Legislative Instruments (previously known as Statutory Rules or Select Statutory Instruments) made under the Acts of the Parliament of the Commonwealth of Australia (secondary legislation). 78

III. Australian Legislation B. Where to Find It Version 1. Acts of the Parliament

III. Australian Legislation B. Where to Find It Version 1. Acts of the Parliament Notes Location Acts of the Parliament • Print. 1901 -2010 of the Commonwealth • Online. 1901 of Australia passed during the year. . . Text of the law “as made” • *K 9002 AA Act Compilations Federal Register of Legislation Online. 1973 - • Federal Register of Legislation https: //www. legislation. gov. au/ Text of the law as https: //www. legislation. gov. au/ amended and “in force” on the compilation date *Refer to LINC for exact location 79

III. Australian Legislation B. Where to Find It Acts of Parliament Ref: K 9002

III. Australian Legislation B. Where to Find It Acts of Parliament Ref: K 9002 AA 80

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www.

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www. legislation. gov. au/ Example. Copyright Act 1968 81

III. Australian Legislation B. Where to Find It Example. Copyright Act 1968 Compilation (in

III. Australian Legislation B. Where to Find It Example. Copyright Act 1968 Compilation (in force/as amended) As made 82

III. Australian Legislation B. Where to Find It 2 a. Legislative Instruments (incl. Explanatory

III. Australian Legislation B. Where to Find It 2 a. Legislative Instruments (incl. Explanatory Statements) Version Legislative Instruments Legislative Instrument Compilations Notes Location • Print. 2005 -2010 • *K 9003 1956 S • Online. 2005 - • Federal Register of Legislation Text “as made” https: //www. legislation. gov. au/ • Online. 2005 - • Federal Register of Legislation Text “as amended” https: //www. legislation. gov. au/ *Refer to LINC for exact location Note: All legislative instruments made since 1 January 2005 contain explanatory statements (ES). An ES sets out how a legislative instrument is expected to operate and details about individual provisions. The Senate Regulations and Ordinances Committee (Department of Senate) relies on ESs to understand legislative instruments and to assess their purpose. 83

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www.

III. Australian Legislation B. Where to Find It Federal Register of Legislation: https: //www. legislation. gov. au/ E. g. Obtain the explanatory statement for Copyright Regulations 2017 84

III. Australian Legislation B. Where to Find It Enter search terms Select relevant options

III. Australian Legislation B. Where to Find It Enter search terms Select relevant options 85

III. Australian Legislation B. Where to Find It 86

III. Australian Legislation B. Where to Find It 86

III. Australian Legislation B. Where to Find It 87

III. Australian Legislation B. Where to Find It 87

III. Australian Legislation B. Where to Find It 2 b. Statutory Rules (1904 -2004)/

III. Australian Legislation B. Where to Find It 2 b. Statutory Rules (1904 -2004)/ Select Legislative Instruments (2005 -2015) Version Notes Location Statutory Rules made under … during the year … • Print. 1959 -2004 • *K 9003 1956 S Regulations and other instrument compilations • Online. 1979 - • Federal Register of Legislation Text “as amended” https: //www. legislation. gov. au/ • Online. 1904 -2015 • Federal Register of Legislation Text “as made” https: //www. legislation. gov. au/ *Refer to LINC for exact location 88

III. Australian Legislation B. Where to Find It 3. Bills (incl. Explanatory Memoranda) Version

III. Australian Legislation B. Where to Find It 3. Bills (incl. Explanatory Memoranda) Version Location Print - Online • Federal Register of Legislation (1901 -) https: //www. legislation. gov. au/ • Parliament of Australia (Current bills) http: //www. aph. gov. au/Parliamentary_Business /Bills_Legislation 89

III. Australian Legislation B. Where to Find It 4. Parliamentary Debates/Hansard Version Location Print

III. Australian Legislation B. Where to Find It 4. Parliamentary Debates/Hansard Version Location Print - Online Parliament of Australia (1901 -) http: //www. aph. gov. au/Parliamentary_Business/Hansard The Parliament of Australia consists of three elements: the Crown (represented by the Governor-General), the Senate and the House of Representatives. The members of the Senate represent the states and territories while the members of the House represent electoral divisions according to population. The Hansard is the report of proceedings of the Senate, House of Representatives, the Federation Chamber and all parliamentary committees. 90

III. Australian Legislation B. Where to Find It Example. Senate Hansard 1901 - Current

III. Australian Legislation B. Where to Find It Example. Senate Hansard 1901 - Current year 2010 - 2000 s 91

III. Australian Legislation C. Research Tools Australian legal research tools in LW Reference 1

III. Australian Legislation C. Research Tools Australian legal research tools in LW Reference 1 92

III. Australian Legislation C. Research Tools Commonwealth Acts Task a. Finding Acts Search Aid

III. Australian Legislation C. Research Tools Commonwealth Acts Task a. Finding Acts Search Aid Print: Federal Statutes Annotations: Consolidation “Table of Principal Acts” in Volume 1 *Ref: K 9006. 5 Fsa Online: • Federal Register of Legislation https: //www. legislation. gov. au/ • Aust. Lii (includes state legislation) http: //www. austlii. edu. au/ *Refer to LINC for exact location 93

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid b.

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid b. Finding if an Print: Act has been Federal Statutes Annotations: Consolidation amended *Ref: K 9006. 5 Fsa Online: Federal Register of Legislation https: //www. legislation. gov. au/ *Refer to LINC for exact location 94

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid c.

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid c. Finding if an Act Print: has been repealed • Commonwealth Statutes Annotations *Ref: K 9002 1973 SA • Federal Statutes Annotations : Repealed Legislation to 2017 *Ref: K 9006. 5 Fsa Online: Federal Register of Legislation https: //www. legislation. gov. au/ *Refer to LINC for exact location 95

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid d.

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid d. Finding whether an Act has been cited in a case Print: • Australian Legal Monthly Digest (current year) “Cumulative Tables: Legislation Judicially Considered” *Ref: K 9006 LMD • Commonwealth Statutes Annotations *Ref: K 9002 1973 SA • Federal Statutes Annotations *Ref: K 9006. 5 Fsa Online: Lexis Advance Singapore (formerly Lexis. Nexis AU) *Refer to LINC for exact location 96

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task e. Interpretation of

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task e. Interpretation of Acts and LIs Search Aid • Parliamentary debates (slide 86) • Explanatory memoranda in bills (slide 85) • Explanatory statements in legislative instruments (slide 79) • Australian Law Reform Commission reports and papers Online: ALRC - Publications • Commonwealth Statutes Annotations *Ref: K 9002 1973 SA • Federal Statutes Annotations *Ref: K 9006. 5 Fsa *Refer to LINC for exact location 97

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid e.

III. Australian Legislation C. Research Tools Commonwealth Acts (contd. ) Task Search Aid e. Interpretation of Acts and LIs (contd. ) • Halsbury’s Laws of Australia *Ref: KB 11 Hla (not updated) Online: Lexis Advance Singapore • The Laws of Australia *Ref: KB 11 Laa • Treatises e. g. textbooks Search LINC for relevant books • Journal articles Search journal databases on NUS Libraries Portal, e. g. Hein. Online *Refer to LINC for exact location 98

III. Australian Legislation D. References • Bruce Bott & Ruth Talbot-Stokes, Nemes and Coss'

III. Australian Legislation D. References • Bruce Bott & Ruth Talbot-Stokes, Nemes and Coss' Effective Legal Research, 6 th ed. (Chatswood, N. S. W. : Lexis. Nexis Butterworths, 2015). Ref: KB 280 Bot 2015 • Catriona Cook, et al. , Laying Down the Law , 10 th ed. (Chatswood, N. S. W. : Lexis. Nexis Butterworths, 2018). Ref: KB 280 Lay 2018 • Nicholas Pengelley & Sue Milne, “Researching Australian Law”, online: LLRX <https: //www. llrx. com/2014/01/researching-australian-law-2/> • Robert Watt & Francis Johns, Concise Legal Research, 6 th ed. (Sydney: Federation Press, 2009). Ref: KB 280 Wat 2009 99

IV. Live Demonstration Scenario A testator died without a will. Their family has approached

IV. Live Demonstration Scenario A testator died without a will. Their family has approached you for assistance. You are unfamiliar with this area of law , but managed to narrow it down to the Intestate Succession Act and would like to do some basic statutory research. 1. Examine extrinsic materials to understand the 100 development of local intestacy law.

IV. Live Demonstration Initial Steps The starting points should be: (1) Historical Sources of

IV. Live Demonstration Initial Steps The starting points should be: (1) Historical Sources of Singapore Law Lib. Guide; (2) Latest statute available, i. e. Intestate Succession Act (Cap 146) 101

IV. Live Demonstration 1. Extrinsic Materials 1. Examine extrinsic materials to understand the development

IV. Live Demonstration 1. Extrinsic Materials 1. Examine extrinsic materials to understand the development of local intestacy law. Step One: Access the current Act along with its related materials. In Singapore Statutes Online (SSO), you may: 1. Open the ‘Timeline’ tool at the top of the statute which allows you to access previous amendments, Revised Editions and more, depending on availability. 2. Access the ‘Legislative History’, which may provide details on the Bills and Hansard related to the Act. 102

IV. Live Demonstration 1. Extrinsic Materials Step Two: Retrieve the Bill Use the Lib.

IV. Live Demonstration 1. Extrinsic Materials Step Two: Retrieve the Bill Use the Lib. Guide - Bills to direct you to where Bills may be found in that relevant time period: • The ‘Bills Supplement’ section on SSO (1961 -); • ‘Bills Introduced’ on the Parliament site (2006 -); • Available in print, especially for older Bills before 1961. E. g. “Bill No. 47/66 published on 2 November 1966” is available on SSO View the ‘Explanatory Statement’ (or ‘Explanatory Memoranda’ for older bills) 103

IV. Live Demonstration 1. Extrinsic Materials Step Three: Retrieve the Parliamentary Debates (Hansard) Locate

IV. Live Demonstration 1. Extrinsic Materials Step Three: Retrieve the Parliamentary Debates (Hansard) Locate the Second Reading of the Hansard available with the Lib. Guide: • ‘Official Reports - Parliamentary Debates, Hansard’ (Parliament site, 1955 -) • Proceedings of the Legislative Council … (pre-1955, select time period) E. g. Intestate Succession Bill, Order for Second Reading, Parliamentary Debates Singapore: Official Report, vol 25 at cols 563 -565 (12 December 1966) (The Minister for Law and National Development (Mr E. W. Barker)) is available on SPRS 1) On the Parliament website, input relevant keywords from the Bill’s title and select the applicable time period: 104

IV. Live Demonstration 1. Extrinsic Materials Step Three (cont’d): Retrieve the Parliamentary Debates (Hansard)

IV. Live Demonstration 1. Extrinsic Materials Step Three (cont’d): Retrieve the Parliamentary Debates (Hansard) 2) In the results page, identify the relevant entry that contains the 2 nd reading: 105

IV. Live Demonstration 1. Extrinsic Materials Step Four: Locating Select Committee Reports and other

IV. Live Demonstration 1. Extrinsic Materials Step Four: Locating Select Committee Reports and other Parliamentary Papers (if any) Select Committee Reports may sometimes be available if the Bill is proposed to be referred to a Select Committee. Parliamentary papers, reports and other Government documents are also sometimes published. • Select Committee Reports (Parliament site, 1955 -) • Papers Presented to Parliament (National Archives) E. g. Report of the Select Committee on the Intestate Succession Bill (Parl 5 of 1967, 7 th Mar 1967) available on SPRS 106

IV. Live Demonstration Scenario Your client came back and informed you that the testator

IV. Live Demonstration Scenario Your client came back and informed you that the testator died in 1965 without leaving a will. The Intestate Succession Act would only apply after 2 Jun 1967. What is the law that governs his estate? 2. Retrieve relevant historical legislation related to the Intestate Succession Act. 107

IV. Live Demonstration 2. Retrieve relevant historical legislation related to the Intestate Succession Act.

IV. Live Demonstration 2. Retrieve relevant historical legislation related to the Intestate Succession Act. 2. Historical Legislation Step One: Refer to the Legislative History. This will indicate the oldest original act available to begin tracing backwards. 108

IV. Live Demonstration 2. Historical Legislation Step Two: Refer to the Original Act Locate

IV. Live Demonstration 2. Historical Legislation Step Two: Refer to the Original Act Locate using citations: • Acts, e. g. “Act 7 of 1967” refers to the 7 th Act in the year 1967 • Revised Editions, e. g. “Cap 37, 1970 Rev Ed” refers to Chapter 37 of the 1970 Revised Edition set Then use the Historical Sources Lib. Guide to find the Location and Call Number 109

IV. Live Demonstration 2. Historical Legislation Step Three: Identify transitional provisions These identify the

IV. Live Demonstration 2. Historical Legislation Step Three: Identify transitional provisions These identify the previous enactments that have been repealed. These are usually located at the front or back of the Act. • Front: “This Act repeals X statute” • Back: “X statute is hereby repealed” Note down respective citations. 110

IV. Live Demonstration 2. Historical Legislation Step Four: Locate previous enactments, and repeat Steps

IV. Live Demonstration 2. Historical Legislation Step Four: Locate previous enactments, and repeat Steps 2 -3 Citations provided may direct you to old Acts/Ordinances, previous Revised Editions or even a foreign statute. • In this case, the “Statute of Distribution, 22 & 23 Cap II c. 10” is an English statute, meaning 10 th Act of the 22 nd/23 rd year of the reign of Charles II. The applicable intestacy law in 1965 would be found here! • “Cap 30” refers to Chapter 30 of the previous Revised Edition – Earlier sets of Revised Editions were published in 1985, 1970, 1955, 1936, 1926 and 1920. 111

IV. Live Demonstration 2. Historical Legislation Step Four: Locate previous enactments, and repeat Steps

IV. Live Demonstration 2. Historical Legislation Step Four: Locate previous enactments, and repeat Steps 2 -3 Historical English statutes may be retrieved from the Justis. One database. e. g. Locating UK statute - “Statute of Distribution, 22 & 23 Cap II c. 10” 112

IV. Live Demonstration 2. Historical Legislation Step Four (cont’d): Locate previous enactments, and repeat

IV. Live Demonstration 2. Historical Legislation Step Four (cont’d): Locate previous enactments, and repeat Steps 2 -3 Historical local and Indian statutes will be available in print. Check the Lib. Guide against the relevant time period. e. g. Locating Colony of Singapore statute – “Parsee Intestate Ordinance, Cap 30” We know that “Cap 30” refers to Chapter 30 of the previous Revised Edition. We can deduce that this refers to the 1955 Rev Ed, because it is this Rev Ed that precedes 1967. 113

IV. Live Demonstration 2. Historical Legislation Step Four: Locate previous enactments, and repeat Steps

IV. Live Demonstration 2. Historical Legislation Step Four: Locate previous enactments, and repeat Steps 2 -3 (cont’d) e. g. Locating Colony of Singapore statute – “Parsee Intestate Ordinance, Cap 30” Chapter 30 is contained in Volume 1 of the 1955 Rev Ed. 114

IV. Live Demonstration Begin With Lib. Guide Statute Summary Extrinsic Materials Historical Legislation Bill:

IV. Live Demonstration Begin With Lib. Guide Statute Summary Extrinsic Materials Historical Legislation Bill: Explanatory Statement 1. Legislative History Hansard: Second Reading 2. Obtain Original Act Reports: Papers & Select Comm 3. Trace Repealed Legislation 115

You have reached the end of this tutorial. We would appreciate if you could

You have reached the end of this tutorial. We would appreciate if you could help provide feedback (indicate LARC Lecture 3 as the Title). If you have any queries, email cjkohlib@nus. edu. sg or speak to a librarian at the C J Koh Law Library Information Desk: 6516 2043. For any additional comments, email: clblzc@nus. edu. sg Updated by Clement Lin for lecture on 2 October 2019 116 © NUS Libraries 2005 -2020