The Standing Orders of the Legislative Assembly established by the Singapore (Constitution) Order in Council 1958 (S.I. 1958 No. 1956) which are in force immediately before the commencement of this Constitution shall, subject to amendment or revocation under Article 52, be the Standing Orders of Parliament.
158. Public officers to continue in office
Subject to the provisions of this Constitution, every person who immediately before the commencement of this Constitution holds a public office shall on its commencement continue to hold the like office in the public service.
159. Terms of service of persons who continue in office
Except where other provision is made by this Constitution, any person who holds any office as from the commencement of this Constitution by virtue of having been the holder of any office immediately before its commencement shall, as from its commencement, be entitled to the same terms of service as were applicable to him immediately before its commencement, and those terms, in so far as they relate to remuneration, shall not be altered to his disadvantage during his continuance in the public service thereafter.
For the purposes of this Article, in so far as the terms of service of any person depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.
160. Succession to property
Subject to this Article, all property and assets which immediately before the commencement of this Constitution were vested in the State of Singapore shall vest in the Republic of Singapore.
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Subject to this Article, all existing laws shall continue in force on and after the commencement of this Constitution and all laws which have not been brought into force by the date of the commencement of this Constitution may, subject as aforesaid, be brought into force on or after its commencement, but all such laws shall, subject to this Article, be construed as from the commencement of this Constitution with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
163. Person holding office of President immediately prior to 30th November 1991 to continue to hold such office
The person holding the office of President immediately prior to 30th November 1991 shall continue to hold such office for the remainder of his term of office and shall exercise, perform and discharge all the functions, powers and duties conferred or imposed upon the office of President by this Constitution as amended by the Constitution of the Republic of Singapore (Amendment) Act 1991 (Act 5 of 1991) (referred to in this Article as the Act), as if he had been elected to the office of President by the citizens of Singapore, except that if that person vacates the office of President before the expiration of his term of office, a poll shall be conducted for the election of a new President within 6 months from the date the office of President became vacant.
The Act shall not affect the appointment of any person made before 30th November 1991 and that person shall continue to hold his office as if he had been appointed in accordance with the provisions of this Constitution as amended by the Act.
This Constitution as amended by the Act shall have effect subject to the following modifications:
the initial term of office of the Government shall be the period beginning from 30th November 1991 and ending on the date immediately before the Prime Minister and Ministers first take and subscribe the Oath of Allegiance in accordance with Article 27 after the first general election following that date;
Articles 22B and 22D shall apply from the first financial year of a statutory board or Government company beginning not less than 3 months after that date;
in relation to the first financial year of a statutory board or Government company beginning not less than 3 months after that date, any reference in Articles 22B and 22D to the approved budget of the preceding financial year of the statutory board or Government company shall, in the absence of such a budget, be read as a reference to the budget of that preceding financial year; and
Article 148A shall apply in respect of the first financial year of the Government beginning on or after that date as if the resolution of Parliament authorising expenditure from the Development Fund for the preceding financial year forms part of the Supply law or Final Supply law for such preceding financial year.
164. Transitional provisions for Article 19B
The Legislature must, by law —
specify the first term of office of the President to be counted for the purposes of deciding whether an election is reserved under Article 19B; and
if any of the terms of office that are counted for the purposes of deciding whether an election is reserved under Article 19B commenced before the appointed date, further specify the communities to which the persons who held those terms of office are considered to belong.
In this Article, “appointed date” means the date of commencement of section 9 of the Constitution of the Republic of Singapore (Amendment) Act 2016.
165. Transitional provisions for Council of Presidential Advisers
An existing member continues to be a member for the remaining duration of the existing member’s last appointment.
Article 37B(2) applies to the appointment or re-appointment of any person as a member on or after the appointed date.
The first 3 appointments made under Article 37B(2) by the President acting in his discretion must be made as follows:
the first appointment must be made under Article 37B(2)(a)(i) as soon as practicable after the appointed date;
the second appointment must be made under Article 37B(2)(b)(i) as soon as practicable after any existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat;
the third appointment must be made under Article 37B(2)(c)(i) as soon as practicable after the remaining existing member appointed by the President acting in his discretion completes the member’s term or vacates the member’s seat.
The first 3 appointments made under Article 37B(2) by the President on the advice of the Prime Minister must be made as follows:
the first appointment must be made under Article 37B(2)(a)(ii) as soon as practicable after the appointed date;
the second appointment must be made under Article 37B(2)(b)(ii) as soon as practicable after any existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat;
the third appointment must be made under Article 37B(2)(c)(ii) as soon as practicable after the remaining existing member appointed by the President on the Prime Minister’s advice completes the member’s term or vacates the member’s seat.
The first appointment made under Article 37B(2)(a)(iii) must be made as soon as practicable after the existing member appointed by the President on the Chief Justice’s advice completes the member’s term or vacates the member’s seat.
The first appointment made under Article 37B(2)(b)(iii) must be made as soon as practicable after the existing member appointed by the President on the advice of the Chairman of the Public Service Commission completes the member’s term or vacates the member’s seat.
In this Article, unless the context otherwise requires —
“appointed date” means the date of commencement of section 17 of the Constitution of the Republic of Singapore (Amendment) Act 2016; “existing member” means a member on the date immediately before the appointed date;
“member” means a member of the Council of Presidential Advisers.
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