Statute Details
- Title: Order under Section 11(3)
- Act Code: RELA1983-S435-2004
- Type: Subsidiary legislation (SL)
- Legislation Status: Current version as at 27 Mar 2026
- Publication / Instrument Number: SL 435/2004
- Date of Instrument: 8 July 2004
- Commencement / Effective Date: 31 July 2004
- Authorising Act: Revised Edition of the Laws Act (Chapter 275)
- Key Provision Invoked: Section 11(3) of the Revised Edition of the Laws Act
- Document Form: Presidential order published in the Gazette
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 (Chapter 275). In plain terms, it addresses a technical but highly consequential question: which version of the laws is legally authoritative in court after the Law Revision Commissioners publish revised “loose-leaf” editions of Acts.
Under the Revised Edition of the Laws Act, the Law Revision Commissioners prepare and publish a revised compilation of Acts in a loose-leaf format. The purpose is to provide an up-to-date and practical legal text for use by the public and legal practitioners. However, for the revised loose-leaf editions to become the sole and only proper law of Singapore for all courts and purposes, a further step is required.
This Order supplies that missing step. It states that, with effect from 31 July 2004, the loose-leaf edition of the Acts set out in the Schedule (as published by the Commissioners as at 30 June 2004) shall be the sole and only proper law of Singapore in respect of those Acts. The legal effect is to eliminate uncertainty about whether the revised loose-leaf text or earlier printed/compiled versions should be treated as authoritative.
What Are the Key Provisions?
1. The “whereas” recitals: the statutory pathway
The Order begins with recitals explaining the process under the Revised Edition of the Laws Act. First, it notes that pursuant to section 10, the Law Revision Commissioners have published in loose-leaf form the Acts set out in the Schedule as in force on 30 June 2004. Second, it explains that section 11(3) empowers the Commissioners to transmit copies to the President, and then the President may, by order published in the Gazette, specify that the loose-leaf edition shall be the sole and only proper law of Singapore for those Acts.
2. The operative clause: sole and only proper law
The core legal command is contained in the operative paragraph: “it is hereby ordered by the President that the loose-leaf edition of these Acts shall, with effect from 31st July 2004, be the sole and only proper law of Singapore in respect of those Acts.” This language is significant. “Sole and only proper law” is not merely descriptive; it is a directive about legal authority. In practice, it means that courts and all users must treat the specified loose-leaf edition as the definitive legal text for the Acts listed in the Schedule.
3. Effective date and legal certainty
The Order specifies an effective date of 31 July 2004. This matters for practitioners because it defines the point at which the revised loose-leaf edition becomes authoritative. For any legal work—drafting, litigation, compliance advice—counsel must ensure they cite and rely on the correct version. The effective date also helps avoid disputes about whether an earlier version remains applicable for particular periods.
4. Formalities and authentication
The instrument is dated 8 July 2004 and signed by ONG KOK MIN, Secretary to the Cabinet. It also includes a reference such as [AG/REV/ACTS/1/2004]. While these details may appear administrative, they confirm the instrument’s formal status as a Presidential order made under the statutory framework and published in the Gazette.
How Is This Legislation Structured?
This Order is structured in a straightforward manner typical of Gazette orders under the Revised Edition of the Laws Act:
(a) Enacting formula: The legal basis is stated through the enacting formula and the invocation of the Revised Edition of the Laws Act, particularly section 11(3).
(b) The Schedule (referenced): The Order refers to “the Acts set out in the Schedule.” Although the extract provided does not reproduce the Schedule contents, the Schedule is essential because it identifies which specific Acts are covered by the “sole and only proper law” effect.
(c) Recitals (“Whereas” clauses): These explain the procedural history—publication by the Law Revision Commissioners under section 10, transmission to the President, and the President’s power to make the order.
(d) Operative paragraph: The operative effect is a single, decisive statement that the loose-leaf edition becomes the sole and only proper law from the effective date.
Who Does This Legislation Apply To?
Although the Order is addressed to the legal system rather than to a class of regulated persons, its practical reach is broad. It applies to all courts and for all purposes in Singapore in relation to the Acts listed in the Schedule. That phrase is important: it is not limited to particular proceedings, tribunals, or subject matters.
In effect, the Order governs legal citation and authority. Lawyers, judges, government agencies, and members of the public must rely on the specified loose-leaf edition as the authoritative text for the covered Acts. If there is any discrepancy between an earlier version and the loose-leaf edition, the Order directs that the loose-leaf edition is the proper law.
Why Is This Legislation Important?
At first glance, this instrument may appear to be a procedural or administrative update. However, for legal practice it is foundational. The Singapore legal system depends on accurate and authoritative statutory text. When the Law Revision Commissioners publish a revised loose-leaf edition, the legal community needs a clear rule about which text is binding. This Order provides that rule.
1. It prevents citation and authority disputes
Without an order under section 11(3), there could be uncertainty about whether earlier compilations or printed editions remain “proper law” for courts. By declaring the loose-leaf edition to be the “sole and only proper law,” the Order reduces litigation risk arising from technical arguments about which version of an Act controls.
2. It affects litigation strategy and compliance work
Practitioners must ensure that pleadings, submissions, and statutory references are aligned with the authoritative text. Even where the substantive law has not materially changed, the authoritative version can affect interpretation, cross-references, numbering, and the presentation of amendments. This is particularly relevant when dealing with transitional issues, amendment histories, and statutory interpretation arguments.
3. It reinforces the integrity of the revised legal compilation process
The Revised Edition of the Laws Act is designed to maintain an accessible and current statutory record. Orders like this one ensure that the revised compilation is not merely a reference tool but becomes the legally operative text. That institutional design supports the rule of law by making the statutory record stable and dependable.
Related Legislation
- Revised Edition of the Laws Act (Chapter 275) — in particular sections 10 and 11(3)
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.