Statute Details
- Title: Order under Section 11(3)
- Act Code: RELA1983-S593-2008
- Type: Subsidiary Legislation (SL)
- Authorising Act: Revised Edition of the Laws Act (Chapter 275)
- Key Authorising Provision: Section 11(3) of the Revised Edition of the Laws Act
- Instrument Number: S 593/2008
- Date of Enactment/Order: Dated 30 October 2008
- Commencement/Effective Date: 30 November 2008
- Status: Current version as at 27 March 2026
- Subject Matter (as stated in the order): Revised edition of the Penal Code (Chapter 224) as in force on 1 November 2008
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 is a legal mechanism used when Singapore produces a revised edition of an Act—here, the Penal Code (Chapter 224)—and then formally designates that revised text as the authoritative “proper law” to be applied by courts and for all legal purposes.
The order is connected to a specific legislative revision exercise. The Law Revision Commissioners published, in booklet form, a revised edition of the Penal Code “as in force on 1st November 2008”. The order then addresses the legal status of that booklet: it authorises the President to specify—by order published in the Gazette—that the booklet shall be the sole and only proper law of Singapore in respect of the Penal Code.
Practically, this kind of order matters because it resolves questions about which version of the law is authoritative. When revisions are made, there can be transitional uncertainty about whether the revised booklet is merely explanatory or whether it is the legally binding text. This order removes that ambiguity by declaring the revised booklet to be the definitive legal text for court application and all purposes.
What Are the Key Provisions?
1. The “whereas” clauses set the legal foundation. The order begins by stating that, pursuant to section 10 of the Revised Edition of the Laws Act, the Law Revision Commissioners have published a revised edition of the Penal Code (Chapter 224) as in force on 1 November 2008. It further states that section 11(3) provides that the Commissioners shall transmit a copy of the booklet to the President, and that the President may then, by order published in the Gazette, specify that the booklet shall be the sole and only proper law of Singapore in respect of that Act.
2. The operative declaration: “sole and only proper law”. The core legal effect is contained in the operative paragraph: the President orders that the booklet shall, with effect from 30 November 2008, be the sole and only proper law of Singapore in respect of the Penal Code. This phrase is significant. It is not limited to courts; it extends to “all courts and for all purposes”, meaning that the revised booklet is the authoritative legal text for interpretation, citation, enforcement, and any legal proceeding where the Penal Code applies.
3. The order is time-bound and tied to a specific revision date. The order does not create a new substantive Penal Code. Instead, it designates the revised edition as the proper law from a particular effective date. The revision is anchored to the Penal Code “as in force on 1 November 2008”, indicating that the revised booklet reflects the law at that point in time (including amendments effective up to that date). The effective date of the order—30 November 2008—marks when the revised booklet becomes the legally authoritative text.
4. Formalities and provenance. The order includes the date of signing (30 October 2008) and is made “by Command”, signed by the Secretary to the Cabinet. It also references the administrative file number in square brackets: [AG/LRRD/5/2007]. While these details may not affect substantive interpretation, they help practitioners verify the instrument’s authenticity and trace its legislative history.
How Is This Legislation Structured?
Although this instrument is short, it follows a standard structure typical of orders made under the Revised Edition of the Laws Act. It comprises:
(a) Enacting formula and “whereas” clauses that explain the statutory basis (sections 10 and 11(3)) and the fact of publication of the revised booklet by the Law Revision Commissioners.
(b) Operative provision that declares the revised booklet to be the sole and only proper law of Singapore in respect of the Penal Code, effective from 30 November 2008.
(c) Date and signature block confirming when the order was made and by whom.
There are no “parts” or “sections” in the way a full Act might be structured. Instead, the instrument functions as a single-purpose legal designation order.
Who Does This Legislation Apply To?
The order applies to the Penal Code (Chapter 224) as an Act of Parliament. Its effect is not limited to a particular class of persons (such as offenders, prosecutors, or courts). Rather, it governs which text of the Penal Code is legally authoritative.
Because the order states that the booklet shall be the sole and only proper law “in all courts and for all purposes”, it applies broadly to:
- Courts when interpreting and applying the Penal Code;
- Prosecution and enforcement authorities when charging, prosecuting, and relying on the Penal Code provisions;
- Practitioners and litigants when citing the Penal Code in pleadings, submissions, and legal advice; and
- Any legal process where the Penal Code’s provisions are relevant.
In other words, the order’s “audience” is the legal system’s use of the Penal Code text, not a specific category of regulated persons.
Why Is This Legislation Important?
For practitioners, the importance of this order lies in its role in ensuring textual authority. Criminal law depends heavily on precise statutory wording. When a revised edition is produced, there can be practical confusion about whether the revised booklet is merely a consolidated or editorial presentation, or whether it is the legally binding text. By declaring the booklet to be the “sole and only proper law”, the order eliminates that uncertainty.
From an enforcement and litigation perspective, this matters in at least three ways:
- Reliable citation and interpretation: Lawyers can cite the revised Penal Code text with confidence that courts will treat it as the proper law.
- Consistency across proceedings: “All courts and for all purposes” ensures uniformity in how the Penal Code is treated, reducing the risk of arguments about which edition governs.
- Administrative clarity: The order reflects the formal process under the Revised Edition of the Laws Act—helping practitioners understand that legal authority can be updated through revision mechanisms, not only through new amending Acts.
Although this instrument does not itself amend the Penal Code’s substantive content, it is still legally consequential. In criminal litigation, even small textual differences can affect interpretation. The order therefore functions as a “legal anchor” for the authoritative version of the Penal Code as at the revision date (1 November 2008), effective from 30 November 2008.
Finally, the order is a useful example of how Singapore’s legal system maintains an up-to-date and authoritative compilation of statutes. Practitioners should be alert to similar orders when relying on “revised editions” of Acts, particularly where the timing of amendments and the effective dates of revisions may affect which text is applicable.
Related Legislation
- Revised Edition of the Laws Act (Chapter 275) — particularly sections 10 and 11(3)
- Penal Code (Chapter 224)
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.