SINGAPORE COLONY Order In Council, 1946.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1946/464 |
| Year | 1946 |
1946 No. 464
SINGAPORE, COLONY OF
[Divorce jurisdiction see the title "Divorce."]
THE SINGAPORE COLONY ORDER IN COUNCIL, 1946.PRESENT,
The King's Most Excellent Majesty in Council.
Whereas by the Straits Settlements (Repeal) Act, 1946 (hereinafter referred to as "the Act of 1946"), it is (among other things) provided—
(1) that on such day as His Majesty may by Order in Council appoint (in the Act of 1946, and in this Order referred to as "the appointed day") the Straits Settlements Act, 1886, shall be repealed and the Straits Settlements, that is to say the settlements and dependencies mentioned in the Schedule to the Act of 1946 (which include among other settlements and dependencies, the Settlement of Singapore and its dependencies the Cocos or Keeling Islands and Christmas Island) shall cease to be a single Colony;
(2) that on and after the appointed day the said settlements and dependencies shall be divided into such territories as His Majesty may by Order in Council direct and those territories shall be governed, either singly or in conjunction with such other territories (whether falling within the Schedule to the Act of 1946 or not) as may be specified in the Order and that such Order in Council may contain such consequential and other provisions as are contained in this Order; and
50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(3) that the British Settlements Acts, 1887 and 1945, shall apply in relation to each of the territories into which the said settlements and dependencies are divided by Order under this Act as if it were a British settlement as so defined:
And whereas by the Straits Settlements (Repeal) Order in Council, 1946,(a) it is provided that the appointed day shall be the first day of April, 1946:
(a) S.R. & O. 1946 No. 462, see the title "Foreign Jurisdiction," p. 533.
Now, therefore, His Majesty, by virtue and in exercise of the powers in that behalf by the Act of 1946 and by the British Settlements Acts, 1887 and 1945, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
PART I
PRELIMINARY
Short title and commencement.
1.—(1) This Order may be cited as the Singapore Colony Order in Council, 1946, and shall come into operation on the appointed day.
(2) Section 13 and Parts IV and V of this Order shall not come into operation on the appointed day, but shall come into operation on such day or days respectively within six months from the appointed day as may be fixed by the Governor by Proclamation in the Gazette, and the Governor may fix different days for different purposes and different provisions of that section and those Parts:
Provided that the said period of six months may from time to time be extended by the Governor, by Proclamation in the Gazette, for such further period or periods as may be approved by a Secretary of State.(a)
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"the Chief Justice" means the Chief Justice of the Colony;
"the Colony" means the Colony of Singapore as constituted by this Order;
"the existing laws" means the common law the doctrines of equity and all Acts of Parliament, Orders in Council, Ordinances of the Legislature of the Colony of the Straits Settlements, Proclamations issued by the Governor of the Straits Settlements, or by or under the authority of, the Supreme Allied Commander South East Asia (other than the Proclamations establishing the British Military Administration and delegating powers thereunder), and all Rules, Regulations and By-laws made thereunder and all other enactments or instruments having the force of law in the territory comprising the Colony or in any part thereof immediately prior to the appointed day, whether the same were administered by the British Military Administration or not;
"Federal citizen" means any person who is a citizen of the Federation of Malaya by virtue of the provisions of any law for the time being in force, or any instrument for the time being having the force of law, in the said Federation;(b)
"the Gazette" means the Official Gazette of the Colony;
"the Governor" means the Governor and Commander-in-Chief for the time being of the Colony and includes any officer for the time being administering the government thereof and, to the extent that a Deputy to the Governor is authorised to act, that Deputy;
"the Governor in Council" means the Governor acting after consultation with, but not necessarily in accordance with the advice
(a) Proviso as substituted by S.R. & O. 1947 No. 470.
(b) Definition added by S.I. 1948 No. 341.
of the Executive Council of the Colony; nor necessarily in such Council assembled; and, until section 13 of this Order is in operation, means the Governor;
"Malayan Union Citizen" [Revoked by S.I. 1948 No. 341.]
"meeting" means any sitting or sittings of the Legislative Council commencing when the Council first meets after being summoned at any time and terminating when the Council is adjourned sine die or at the conclusion of a session without adjournment;(a)
"prescribed" means prescribed by any law made under this Order or by regulation made by the Governor under Section 50;
"property" includes all property movable or immovable, and all estates, interests, easements and rights whether equitable, or legal, in, to or out of property, and things in action and rights to revenue, taxes, duties and other dues; and "vested" in relation to property includes rights to property which are contingent and rights in remainder or reversion;
"the Public Seal" means the public seal of the Colony and includes the official stamp mentioned in Section 9 of this Order;
"session" means the sittings of the Legislative Council commencing when the Council first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Council is prorogued or is dissolved without having been prorogued;
"the Settlement of Singapore" means the Island of Singapore and its dependencies, Christmas Island, the Cocos or Keeling Islands, and all islands and places which, on the fifteenth day of February, 1942, were known and administered as part of such Settlement, and the territorial waters adjacent thereto;
"sitting" [Revoked by S.I. 1948 No. 341.]
(2) For the purposes of this Order, where reference is made to any public officer by the term designating his office, such reference means the officer for the time being discharging the functions of that office.
(3) For the purposes of this Order a person shall not be deemed to hold an office of emolument under the Crown by reason only that he is in receipt of a pension or other like allowance in respect of service under the Crown.
If it shall be declared by any law for the time being in force in the Colony that an office shall not be an office of emolument under the Crown for all or any of the purposes of this Order, this Order shall have effect accordingly as if such law were enacted herein.(b)
(4) The Interpretation Act, 1889, shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
Singapore to be a separate Colony.
3. The Island of Singapore and its dependencies, the Cocos or Keeling Islands and Christmas Island shall be governed and administered as a separate Colony and shall be called the Colony of Singapore.
(a) Definition added by S.I. 1948 No. 341.
(b) Subsection (3) as amended by S.I. 1948 No. 341.
PART II
THE GOVERNOR AND EXECUTIVE COUNCIL
Governor.
4. There shall be a Governor and Commander-in-Chief (hereinafter called "the Governor") in and over the Colony, and appointments to the said office shall be made by Commission under His Majesty's Sign Manual and Signet.
Powers of Governor
5. The Governor is hereby empowered and commanded to do all things that belong to his said office in accordance with this Order and such Commission as may be issued to him under His Majesty's Sign Manual and Signet and according to such Instructions as may from time to time be given to him under His Majesty's Sign Manual and Signet, or through a Secretary of State, and such Orders in Council and other laws as may from time to time be in force in the Colony.
Publication of Governor's Commission and taking of oaths.
6. Every person appointed to fill the office of Governor shall, before entering on any of the duties of his office, cause the Commission appointing him to be Governor to be read and published at the seat of Government, in the presence of the Chief Justice or, in his absence, of some other Judge of the Supreme Court, and, if Section 13 of this Order is in force, of such members of the Executive Council of the Colony as can conveniently attend; and shall take before them the Oath of Allegiance and the Oath for the due execution of the office of Governor in the forms set out in the First Schedule to this Order, which Oaths the Chief Justice or other Judge as aforesaid shall administer.
Succession to Government.
7.—(1) Whenever the office of Governor is vacant or the Governor is absent from the Colony or the Governor is from any cause prevented from, or incapable of, performing the duties of his office, then such person as His Majesty may appoint under His Sign Manual and Signet or if there is no such person in the Colony so appointed and capable of discharging the duties of administration, the Senior Member of the Executive Council then in the Colony and so capable, shall, during His Majesty's pleasure, administer the Government of the Colony, first taking in manner in this Order prescribed the Oaths directed by this Order to be taken by the Governor. Thereupon such person or Member is hereby empowered, subject, if he is so appointed as aforesaid, to the terms of his appointment, to do, during His Majesty's pleasure, all things that belong to the Office of Governor as provided in this Order:
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