Architects (Amendment) Bill 2017 Round-Up Speech by Minister Lawrence Wong

Feb 28, 2017

Mdm Speaker, I thank the Members who have spoken and also for their support of the Bill.

Ms Thana and Mr Louis Ng sought several clarifications on the administration of the Architects Act. I will clarify the queries that they had.

Let me start with Ms Thana’s query on the election process for the President of the Board of Architects, or the BOA.

a. If there is a tie of votes, as she had asked, another round of secret ballot will be carried out.

b. Should there be another tie of votes, the successful candidate shall be determined by drawing lots.

c. This is already set out in the rules of the Procedure for the Election of President of BOA. This is already in place, and these rules are read out before the commencement of any voting.

Ms Thana sought a clarification on Section 11 of the Act, about the recovery process should the person have paid money to an unauthorised architect, and how they would then recover the money in a court. Indeed, as she had asked, the person would have to file a Civil suit to recover the money paid to the unauthorised architect. This is consistent with the recovery process for other professions as well.

Ms Thana also asked about qualifications. The new Section 15A provides for the recognition of local registered architects who intend to supply or offer to supply architectural services in any participating jurisdiction. For anyone, including foreign architects who are seeking registration under Section 15(1)(a) and 15(1)(b) to practice in Singapore, the qualifications recognized by the BOA are already listed on its website. They can refer to that for any clarification.

Mr Louis Ng sought clarifications on the registration process under the new section 15(2A) for foreign architects from a participating jurisdiction. Let me briefly set out what this process entails.

a. First, a foreign architect will need to be qualified and recognised in their original country or territory of registration for mutual recognition, based on the agreed criteria that was set out in the mutual agreements between the BOA and the registration authority of the participating jurisdiction.

b. Following that, the foreign architect will have to pass the examination set by BOA to ensure that he or she has the knowledge of the practice laws, rules and regulations and other conditions of practicing in Singapore, and then pay the prescribed fee, before this architect is entitled for registration under the new section 15(2A).

c. The need to pass this examination set by the BOA before the foreign architect can seek registration under the new section 15(2A) will hence also apply to ASEAN architects recognised under the ASEAN Mutual Recognition Arrangement on Architectural Services. This is in response to a query that Mr Louis Ng asked. With these examinations, this is the way we can ensure standards are not compromised.

Mr Louis Ng also enquired about penalties for foreign architects who are registered with the BOA under the new section 15(2A), and how we can offer mutual recognition while protecting the profession in Singapore. I would like to explain this in two parts.

a. For foreign architects who can qualify to practice independently in Singapore under the new section 15(2A),

i. They will be required to maintain a valid practicing certificate and subjected to the same disciplinary procedures and penalties as anyone who is registered under the existing section 15(1) with a valid practicing certificate.

ii. At the same time, the offences committed will be reported to the foreign architect’s original country or territory of registration, where the relevant authorities there will also follow up with the relevant penalties. This is for the first category of foreign architects who can qualify to practice independently.

b. The second category of foreign architects are those who can only practice in collaboration with a local registered architect on a project basis. They will not be issued a practicing certificate by the BOA and so, they are not Qualified Persons who can offer architectural services independently in Singapore.

i. For this category of foreign architects, in the event of a suspected offence, BOA will write to the foreign architect’s original country or territory of registration. The foreign architect will then be subjected to the investigation and disciplinary proceedings and relevant penalties imposed by the relevant authorities there.

ii. BOA can also reject future applications from such a foreign architect to register for collaborations depending on the seriousness of the offence committed, because a new registration for practicing in collaboration with a locally registered architect is required for every new project. If an offence is committed, BOA will take that into consideration before issuing any new registration.

Next, on the increase in penalty, which is something Mr Louis Ng asked about, this increase in the maximum penalty is to ensure that there is sufficient deterrence against any potential wrong-doings. The higher level of penalties has also been benchmarked, and is similar to that imposed by other professional boards in the medical and legal professions.

Both Mr Louis Ng and Ms Thana sought clarifications for the new Section 31K, which empowers BOA to appoint investigators to investigate into the commission of an offence under the Act. I would like to explain how this process will work out.

a. Under the current Act, BOA will form an investigation committee which will be chaired by a Board member and comprise two other registered architects with more than 10 years of practising experience, and a layperson. The investigation committee is in charge of evaluating the findings and making a recommendation to the Board on the investigation.

b. The new section 31K allows BOA to appoint an investigator or more than one investigator to assist the investigation committee, such as assisting to obtain evidence. Such a person may be a retired police officer who is familiar with our laws and knows how to conduct proper investigation and search for evidence. The BOA and the investigation committee will make their own independent decisions and disciplinary decisions after the hearing. Appeals on the BOA’s decisions can be made to the Minister. This is in answer to Ms Thana’s query.

Madam, I believe that I have addressed the issues raised by the Members. I would like to once again thank them for their support for this Bill.

With that, Madam, I beg to move.