Statute Details
- Title: Order under Section 11(3)
- Act Code: RELA1983-S753-2004
- Type: Subsidiary legislation (SL)
- Enacting instrument: Order by the President of Singapore
- Authorising Act: Revised Edition of the Laws Act (Chapter 275)
- Key authorising provision: Section 11(3) of the Revised Edition of the Laws Act
- Commencement / effective date: 31 December 2004
- Gazette / instrument reference: SL 753/2004
- Status: Current version as at 27 Mar 2026 (per the legislation portal)
- Schedule: The Acts set out in the Schedule (not reproduced in the extract provided)
What Is This Legislation About?
This instrument is a Presidential order made under section 11(3) of the Revised Edition of the Laws Act (Chapter 275). In plain terms, it addresses a technical but legally significant question: which version of certain Acts should be treated as the “proper law” of Singapore for use by courts and for all legal purposes.
The order is connected to a law revision process. Under section 10 of the Revised Edition of the Laws Act, the Law Revision Commissioners publish specified Acts in a “loose-leaf” form. Loose-leaf editions are typically updated and maintained to reflect the revised compilation of legislation. However, for these revised loose-leaf editions to have full legal effect, the President must make an order specifying that the loose-leaf edition is the sole and only proper law for the listed Acts.
Accordingly, this order states that, with effect from 31 December 2004, the loose-leaf edition of the Acts set out in the Schedule shall be the sole and only proper law of Singapore in respect of those Acts. The practical effect is to “lock in” the revised compilation as the authoritative legal text for courts, lawyers, and government bodies.
What Are the Key Provisions?
1. The legal mechanism: section 11(3) of the Revised Edition of the Laws Act
The order’s operative power comes from section 11(3). The structure of the order reflects the statutory pathway: first, the Commissioners publish Acts in loose-leaf form “as in force” on a specified date (here, 15 December 2004, as referenced in the recitals). Second, the Commissioners transmit copies to the President. Third, the President may then, by order published in the Gazette, specify that the loose-leaf editions are the sole and only proper law for the Acts listed.
2. The “sole and only proper law” clause
The core legal statement is that the loose-leaf edition of the Acts in the Schedule “shall, with effect from 31st December 2004, be the sole and only proper law of Singapore in respect of those Acts.” This language is designed to eliminate ambiguity about which text prevails. In legal practice, disputes can arise where multiple versions exist (for example, earlier printed editions, interim amendments, or unofficial compilations). By declaring the loose-leaf edition to be the sole and only proper law, the order ensures that courts and practitioners rely on one authoritative source.
3. Effective date: 31 December 2004
The order specifies an effective date of 31 December 2004. This matters for transitional issues. For events occurring before that date, the applicable law may depend on the version in force at the relevant time. For matters after the effective date, the revised loose-leaf edition becomes the authoritative text. Practitioners should therefore align the version of the Act they cite with the relevant time period.
4. Formalities: Gazette publication and presidential signature
The order is dated 6 December 2004 and signed by the Secretary to the Cabinet on behalf of the President (“By Command”). The recitals emphasise that the order is made “by order published in the Gazette,” consistent with the authorising statute. While these are procedural elements, they are important because they confirm that the order meets the statutory requirements for validity and public notice.
How Is This Legislation Structured?
This instrument is structured in a straightforward way typical of law revision orders. It contains:
(a) Enacting formula — the formal statement that the President makes the order under the relevant statutory authority.
(b) Recitals (Whereas clauses) — these explain the background: publication of Acts in loose-leaf form by the Law Revision Commissioners, transmission to the President, and the President’s power to specify the proper law by Gazette order.
(c) Operative clause — the key command: the loose-leaf edition of the Acts in the Schedule becomes the sole and only proper law with effect from 31 December 2004.
(d) Schedule — the list of Acts covered by the order. The extract provided does not show the Schedule contents, but in practice the Schedule is essential: it identifies exactly which Acts are “captured” by the order.
Who Does This Legislation Apply To?
Although this is a procedural law-revision instrument, its effects extend broadly. The order applies to “all courts and for all purposes” in respect of the Acts listed in the Schedule. That means it binds the judiciary, legal practitioners, and government agencies when determining the applicable text of those Acts.
In practical terms, it affects anyone who relies on the statutory text of the covered Acts—whether for litigation, compliance, licensing, enforcement, or advisory work. If you are advising on rights, duties, offences, or procedural requirements under one of the Acts in the Schedule, you must use the loose-leaf revised edition as the authoritative “proper law” for the relevant period.
Why Is This Legislation Important?
At first glance, an “Order under Section 11(3)” may appear administrative. However, it is crucial for legal certainty. Singapore’s legal system depends on accurate, authoritative legislative text. Where multiple versions exist, even small discrepancies can lead to significant differences in interpretation, especially in areas such as offences, penalties, procedural timelines, and regulatory powers.
This order resolves that problem by designating one version—the loose-leaf edition—as the sole and only proper law for the specified Acts. For practitioners, this reduces the risk of citing outdated provisions or relying on an unofficial or superseded compilation. It also supports consistent judicial interpretation, because courts are directed to treat the designated edition as the definitive statutory text.
From an enforcement and compliance perspective, the order also matters. Government agencies and regulated entities must ensure that they are applying the correct legal requirements. By “locking in” the revised loose-leaf edition as proper law, the order supports uniform application across the legal system.
Related Legislation
- Revised Edition of the Laws Act (Chapter 275) — in particular section 10 (publication of Acts in loose-leaf form) and section 11(3) (President’s power to specify the sole and only proper law by Gazette order).
- Law Revision Commissioners’ loose-leaf publication framework under the Revised Edition of the Laws Act (as referenced in the recitals).
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.