Kevin Y.L. Tan - Constitutional Law in Singapore

Constitutional Law in Singapore

Third Edition

Kevin Y.L. Tan

This book was originally published as a monograph in the International Encyclopaedia of Laws/Constitutional Law.

Founding Editor: Roger Blanpain
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DISCLAIMER: The material in this volume is in the nature of general comment only. It is not offered as advice on any particular matter and should not be taken as such. The editor and the contributing authors expressly disclaim all liability to any person with regard to anything done or omitted to be done, and with respect to the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this volume. No reader should act or refrain from acting on the basis of any matter contained in this volume without first obtaining professional advice regarding the particular facts and circumstances at issue. Any and all opinions expressed herein are those of the particular author and are not necessarily those of the editor or publisher of this volume.

ISBN 978-94-035-0295-3

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The Author

Prof. Dr Kevin Y.L. Tan was born and educated in Singapore. He graduated with LLB (Hons) from the Faculty of Law of the National University of Singapore in 1986 and joined the teaching staff of the same faculty the same year. Subsequently obtained his LLM (Master of Laws) and JSD (Doctor in the Science of Law) at Yale Law School, New Haven, United States. From 1986 to 2000, he taught at the Law Faculty, specializing in Constitutional and Administrative Law, Law and Government, Law and Society and International Human Rights. He resigned in 2000 to start Equilibrium Consulting Pte Ltd, a boutique consultancy specializing in historical research and publications. He continues to teach part-time and holds adjunct professorships at the Faculty of Law, National University of Singapore as well as at the S Rajaratnam School of International Studies, Nanyang Technological University, Singapore.

He has also been active in many organizations, serving as National Programme Commissioner in the Singapore Scout Association (19921995); Council Member of the National Youth Achievement Award Council (since 1998); Singapore Red Cross Society (19992003); CSCAP (19982001); Board Member of the Preservation of Monuments Board (19982003); Singapore Academy of Law Legal Heritage Committee (since 1999); Executive Director of the Society of International Law, Singapore (19982003); Treasurer and then President of the Roundtable, a non-partisan political discussion group (19992002); President of the Singapore Heritage Society (20012011); Chairman of the Foundation for the Development of International Law in Asia (DILA) (20062012); and President, International Council of Monuments and Sites, Singapore (2013date).

Kevin has published widely in the fields of constitutional law, human rights, legal history and the Singapore legal system.

List of Abbreviations

General Introduction

1. AN OUTLINE OF SINGAPORE CONSTITUTIONAL HISTORY

I. The Straits Settlements Period (18191942)

1. Singapores modern constitutional development began with the arrival of Sir Thomas Stamford Raffles in Singapore on 29 January 1819. He concluded a treaty with Tengku Hussein allowing the British to establish a trading post on the island. In 1824, the British signed two further treaties under which Sultan Hussein and Temenggong Abdul Rahman ceded Singapore to the British. The British treated the island as terra nullius and administered an elementary version of British law (18191827). Raffles himself promulgated an illegal set of Regulations (1823) and brought English common law into the three territories.