Statute Details
- Title: Order under Section 11(3)
- Act Code: RELA1983-S435-2004
- Type: Subsidiary Legislation (SL)
- Legislative Instrument Number: SL 435/2004
- Publication/Enactment Date (as shown in timeline): 16 Jul 2004
- Status: Current version as at 27 Mar 2026
- Commencement (effective date stated in the Order): 31 Jul 2004
- Authorising Act: Revised Edition of the Laws Act (Chapter 275)
- Key Enabling Provision: Section 11(3) of the Revised Edition of the Laws Act
- Instrument Subject Matter: Confirmation that specified loose-leaf editions of Acts become the “sole and only proper law” for Singapore courts and all purposes
What Is This Legislation About?
This instrument is a presidential order made under section 11(3) of Singapore’s Revised Edition of the Laws Act (Cap. 275). In plain language, it is part of a legal “consolidation and revision” mechanism: when the Law Revision Commissioners publish a revised set of Acts in loose-leaf form, the President can order that those loose-leaf editions become the authoritative legal text for use in courts and for all legal purposes.
The practical effect is to remove ambiguity about which version of the law should be treated as the binding legal text. Without such an order, there could be uncertainty as to whether the loose-leaf revision, the earlier printed editions, or other compilations represent the definitive “proper law” of Singapore for a given Act. This order resolves that by designating the loose-leaf edition(s) specified in the Schedule as the sole and only proper law.
Although the extract provided does not reproduce the full Schedule contents, the structure of the order makes clear that the Schedule lists the Acts that were published in loose-leaf form “as in force on 30th June 2004”. The order then provides that, with effect from 31 July 2004, the loose-leaf editions of those Acts are the sole and only proper law in respect of those Acts.
What Are the Key Provisions?
1. The “loose-leaf publication” premise (whereas clauses). The order begins with recitals explaining the legislative process. It states that, pursuant to section 10 of the Revised Edition of the Laws Act, the Law Revision Commissioners published in loose-leaf form the Acts set out in the Schedule as in force on 30 June 2004. This matters because the order is not creating new law; it is formalising which version of the existing law is to be treated as authoritative.
2. The presidential power under section 11(3). The order then references the statutory mechanism: section 11(3) provides that the Commissioners shall transmit to the President a copy of each loose-leaf edition of the Acts. The President may then, by order published in the Gazette, specify that the loose-leaf edition(s) shall be the sole and only proper law of Singapore in respect of those Acts. This is the legal “switch” that elevates the loose-leaf revision to definitive status.
3. The operative clause: “sole and only proper law”. The core operative statement is that the loose-leaf edition(s) of the Acts in the Schedule shall, with effect from 31 July 2004, be the sole and only proper law of Singapore in respect of those Acts. This phrase is significant. In legal practice, “proper law” is the authoritative legal text that courts treat as the governing law. By declaring it “sole and only”, the order seeks to eliminate competing claims about what text is correct for judicial determination.
4. Formalities and effective date. The order is dated 8 July 2004 and signed by the Secretary to the Cabinet, Singapore (ONG KOK MIN). It specifies the effective date (31 July 2004). For practitioners, the effective date is critical when dealing with transitional issues—particularly where a dispute involves events occurring around the revision date or where counsel must cite the correct version of the statutory text.
How Is This Legislation Structured?
This instrument is structured in a conventional form for presidential orders under a revision statute:
(a) Title and status: “Order under Section 11(3)”. The document indicates it is a current version as at 27 March 2026, with a timeline showing the original publication date (16 July 2004) and the instrument number (SL 435/2004).
(b) Enacting formula and recitals: The order includes “whereas” clauses describing the steps taken under section 10 (publication by the Law Revision Commissioners) and the enabling power under section 11(3) (transmission to the President and the President’s ability to specify proper law).
(c) The Schedule: The Schedule is referenced as containing the Acts set out in the loose-leaf publication. While the extract does not list the Acts, the Schedule is the key to identifying which statutes are covered by the order.
(d) Operative provision: The single main command—designation of the loose-leaf editions as the sole and only proper law, effective from 31 July 2004.
Who Does This Legislation Apply To?
At a high level, the order applies to courts and all persons who must determine the law of Singapore for the Acts listed in the Schedule. The order’s wording—“in all courts and for all purposes”—is broad. It is not limited to government agencies, prosecutors, or regulated industries; rather, it governs how the law is treated in any legal setting where the specified Acts are relevant.
For practitioners, the practical “who” is therefore: litigants, counsel, judges, and legal administrators who need to cite and rely on the correct statutory text. The order ensures that, for the covered Acts, the loose-leaf edition as in force on 30 June 2004 is the definitive legal text from 31 July 2004 onward.
Why Is This Legislation Important?
Even though this instrument does not legislate substantive policy changes, it is highly important for legal certainty and citation practice. In litigation, the precise wording of statutory provisions can determine outcomes—especially where amendments, renumbering, or editorial revisions occur between versions. By declaring the loose-leaf edition(s) as the “sole and only proper law,” the order provides a definitive reference point for the legal text.
From an enforcement and compliance perspective, the order supports consistent application of the law. Agencies and regulated entities often rely on published statutory text for compliance manuals, internal policies, and training. If multiple versions were arguably “proper,” compliance could become inconsistent. This order reduces that risk by anchoring the authoritative text to the loose-leaf edition specified in the Schedule.
Finally, the order is a reminder of the institutional role of the Law Revision Commissioners and the President in maintaining the coherence of Singapore’s legal corpus. The revision process is not merely administrative; it has legal consequences through the “proper law” designation. For lawyers, this means that when researching historical periods or determining which version of a statute applies, one must pay attention not only to amendments but also to revision orders like this one.
Related Legislation
- Revised Edition of the Laws Act (Cap. 275) — in particular section 10 (publication by Law Revision Commissioners) and section 11(3) (President’s power to designate proper law).
- Gazette publication requirement (as referenced in the order’s recitals) — orders are published in the Gazette to take effect as specified.
Source Documents
This article provides an overview of the Order under Section 11(3) for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.