Can Nazi men work in Singapore?

Note

The relevant laws can be found in English at http://statutes.agc.gov.sg/aol/home.w3p. Changes are generally marked in the texts made available there. However, this labeling does not extend to the numerous changes in the counting of the sections - especially in the Women's Charter, in which this affects a large part of the standards - and also not consistently to changes that are editorial in nature (but also significant modifications to the wording of the text).

With the Application of English Law Act 1993 (iK 12.11.1993) as amended from 1994 it was determined that English common law (including equity rules), which was in effect immediately before the Act came into force, continues to be part of the law of Singapore insofar as it is is applicable to the circumstances in Singapore with the modifications that such circumstances require. English statutes are only valid insofar as they are mentioned in appendix 1 of the law; The latter only concerns the Minors ’Contracts Act 1987 for the legal areas of interest here, which continues to apply with the exception of Sec 1 (b) and Sec 4 (1). After the British Privy Council had abolished the jurisdiction of the British Privy Council on April 8th, 1994 and thus the Singaporean Court of Appeal became the highest court, the latter declared in a practice statement of July 11th, 1994, in the future of prejudices of the Privy Council and its own prejudices, insofar as this is within the meaning of Case justice or the legal development in accordance with the circumstances in Singapore is necessary to be able to deviate, but to only want to make use of it sparingly. The prejudice binding of all other courts remains unaffected.

In addition to those listed under II A 2 below, Singapore ratified the New York Convention of November 20, 1989 on the rights of the child of November 20, 1989 (https://treaties.un.org).

Article 122 of the constitution was revised in 2004; thus the regulations on citizenship by descent were modified. According to Paragraph 1, a person who was born outside of Singapore before the amendment came into force (May 15, 2004; hereinafter: the reference date) is a citizen if his father is a citizen by birth or registration; if she was born after the reference date, the nationality is derived from the nationality of the father or mother by virtue of birth, registration or descent. Paragraph 2, however, stipulates that according to Paragraph 1 no citizenship is acquired if the birth is not registered with the civil register or a diplomatic or consular mission within one year or within a longer period permitted by the government; Furthermore, children born before the reference date of a father who is a citizen by virtue of registration do not acquire citizenship if they acquire the citizenship of the country of birth; the same applies to children born after the reference date of a father or mother who is a national by virtue of registration. Furthermore, according to Paragraph 3, citizenship according to Paragraph 1 is not acquired if the parent providing the citizenship is a national by descent and did not have his or her legal residence in Singapore for a period or periods of at least five years prior to the birth; at least two years are sufficient if they are within the five years immediately preceding the birth of the child. The former Paragraph 2 continues to apply in a slightly different wording than Paragraph 4; this is not a target specification.

Singapore has ratified the following agreements with relevance in marriage and child law and in international procedural law:

- New York Convention of November 20, 1989 on the rights of the child (see above);

- Hague Convention of October 25, 1980 on the civil law aspects of international child abduction (iK June 1, 2011, Federal Law Gazette 2011 II 607); The implementation law is the International Child Abduction Act 2010 as amended from 2011; fundamental to the interpretation of the judgment BDU v BDT [2014] SGCA 12 of the Court of Appeal v 2014, in which it confirmed subjudicial decisions according to which a child had to be returned to Germany due to the practice;

- Haager Übk v 18.3.1970 on the taking of evidence abroad in civil or commercial matters (iK 13.9.1981, Federal Law Gazette 1981 II 962);

- Statutes of the Hague Conference on Private International Law dated October 31, 1951 (iK April 9, 2014, Federal Law Gazette 2014 II 359);

- Vienna UN Convention of April 24, 1963 on consular relations (iK 1.5.2005, Federal Law Gazette 2005 II 589).

The Women's Charter has undergone a number of changes. In Part III, which concerns the marriage regulations, various modifications of formal processes were made, in some cases this was done through the Family Justice Act 2014 (see below) in order to bring about an adjustment to the new court structure created by it. Individual changes also affect substantive law. Sec 12, which was incorporated into law in 1996 (then as Sec 11A), declares same-sex marriages null and void, including those that were concluded abroad. The marriage of a person who has undergone a gender reassignment, however, is possible (in accordance with the regulations for their new gender). According to Sec 17 (2) (a), a marriage license for a marriage with someone who is neither a citizen nor has his permanent residence in Singapore is only issued if one of the partners was physically present in Singapore for at least 15 days prior to the marriage . According to Sec 17A, proof of having attended a marriage preparation course is a prerequisite for the issue of a marriage license for groups of people to be determined by a ministerial order. The maintenance law in Part VIII (the shift in numbering, which also affects all subsequent parts, is based on the fact that a new section on measures to protect the family has been included in the law as Part VII) has been changed in various details; This concerns, among other things, the expansion of the circumstances that the court has to take into account in the assessment of maintenance, in Sec 69 (4), formerly Sec 60 (4) - added to this are the age of the parties and the duration of the marriage, the benefits that both parties provide for the family, including household and family care, in the case of children the type of education they are in or that was planned for them, and the conduct of the parties, insofar as it would be unreasonable in the opinion of the court not to take it into account. Sec 60 (5) provides an enumeration of the reasons for which the court can award child support beyond the age of 21 (disability, military service, training or other special circumstances). In the international jurisdiction for divorces according to Sec 80 of the old version (now Sec 93), the requirement that the marriage had to be concluded or registered according to the Women's Charter or a law that at least implicitly provides for their monogamous status has been deleted. The catalog of regulations, the non-observance of which results in the nullity of a marriage, has been expanded to include Sec 3 (4) - prohibition of entering into a Muslim marriage under the Women's Charter - and Sec 12 - prohibition of same-sex marriages (Sec 105, formerly Sec 93) . The catalog of facts that the court must take into account when dividing assets in the event of a divorce (Sec 112 (2), formerly Sec 100 (2)) has been modified and significantly expanded: contributions for children must also be taken into account, and the Consideration of the extent of the benefits of the parties for the family, which also includes housework and the care of old and sick relatives, every agreement between the parties on ownership and division of marital property in the event of divorce, every period of non-income employment or any other benefit, that was enjoyed in the marital home to the exclusion of the other party, any support of a material and non-material nature that one partner has given the other for professional or business support, as well as, as far as appropriate, that according to Sec 114 (formerly Sec 102) for the wives - and divorce maintenance facts to be considered. Chapter 4A (Sec 121A-121G) added to Part X in 2011 regulates the financial consequences of foreign nullity and divorce proceedings and corresponding orders by Singaporean courts. According to Sec 121B, financial support from the (former) spouse or other maintenance debtor can be claimed in the case of a foreign marriage resolution, annulment or separation decision, which is recognizable in Singapore. However, the prerequisites are regulated in a restrictive manner. Sec 121C makes certain residence or residence requirements a prerequisite for the jurisdiction of the court. A further prerequisite for such an application is a court permit, which in principle can also be granted if a foreign property law or maintenance decision is available (Sec 121D). According to Sec 121F, it must be checked whether Singapore is the appropriate forum for the matter before the content is dealt with, whereby a non-exhaustive list of criteria is drawn up for this. If the prerequisite is met, the court can make decisions on asset sharing, maintenance and child support, for which reference is made to the essential provisions for domestic proceedings (Sec 121G). Chapter 6, which concerns the best interests of the child, has also been changed. There were new regulations governing when minors can leave Singapore (Sec 126 (3) - (5), Sec 131).

The changes made to the Guardianship of Infants Act primarily concern procedural law, as do the changes to the Legitimacy Act. The Adoption of Children Act was revised in 2012 and amended again in 2014; Here too, procedural and editorial changes were in the foreground. The regulations of the Registration of Births and Deaths Act printed below under III B 5 have remained unchanged.

The following new laws have been enacted:

The Children and Young Persons Act v 1993 (iK 21.3.1993) in the version v 2001 primarily contains youth protection and youth welfare regulations of a public law character. Sec 15 orders that no girl under the age of 18 who has been taken into custody or in relation to the precautionary measures under the Children and Young Persons Act has been taken without the prior written consent of a »protector« (see Sec 2 ( 1)) may enter into a marriage.

The Maintenance of Parents Act (iK November 22, 1995, currently as amended in 1996) regulates parental maintenance. In principle, this can be given to parents who are at least 60 years old and unable to support themselves adequately (Sec 3 (1)); maintenance is possible for younger parents if they are impaired in self-maintenance due to mental or physical weakness or if there are other special reasons (Sec 3 (5)). Those who are not able to ensure basic comfort and basic physical needs are regarded as incapable of earning a living, which - not limited to - accommodation, food, health costs and clothing (Sec 3 (4)). Sec 5 specifies the more detailed conditions under which the court can issue a maintenance order and the facts that it has to take into account. A special tribunal for the maintenance of parents was set up. The Commissioner for the Maintenance of Parents has the task of first trying to resolve the dispute amicably and, if necessary, to support the parents in the proceedings.

The Status of Children (Assisted Reproduction Technology) Act2013 (iK October 11, 2014) is applicable if a child was born in Singapore or if the persons involved are domiciled there (Sec 3). Unless otherwise regulated, egg or sperm donors are not considered the parents of the child (Sec 5). According to Sec 6, subject to Sec 9, a woman who has given birth to a child as a result of artificial insemination is the mother of the child; this also applies if fertilization took place abroad. According to Sec 8, the husband is considered to be the father from the date of birth or - if this is later than the date of marriage - if the sperm used for fertilization is his (para 1); this also applies from the time of birth if the sperm does not come from him and it has not been proven that he did not consent to fertilization (paragraph 2); the same applies from the factual acceptance of the child by a husband who originally did not consent, expressed through knowledge of the facts through behavior (para 3). If the woman had a de facto partner whom she later married, then this partner is deemed to be the father from birth or, if this occurs after the marriage, if the semen came from him (Paragraph 4); if his semen was not used, he is considered to be the father from birth or, if this is later, from marriage, unless it is proven that he has not consented (para 5); in the latter case, he is still considered to be the father from the knowledge of the facts through appropriate behavior or - if this is after the acceptance - the marriage (para 6). If the application of these provisions means that two men would have to be regarded as father, then the father is to be regarded as the one who first attained father status according to the above rules (paragraph 7). All of this applies subject to Sec 9 (Paragraph 8). Upon an application for determination of child status, the court can also, at its discretion, declare a non-married de facto partner to be the father if his sperm was used or if his sperm was not used, but he has consented, or if he subsequently gives notice through his behavior has accepted the child as his own; in this respect, the de facto partner is only deemed to be the father if a corresponding court decision has been made. Sec 9 concerns the willful or negligent exchange of egg cells, sperm or embryos; in this respect, what would apply in the event of non-exchange applies, unless the court makes a different decision on the child, which it can only do if within two years of becoming aware of the facts, an application is made to determine the child in accordance with Sec 10. Sec 11 concerns the point in time at which a child who was conceived through reproductive technology from a mother who is married to the man who is considered to be the father is considered legitimate. Sec 12 regulates the entry in the register.

With the Family Justice Act 2014 (partially in accordance with October 1, 2014, further parts in accordance with January 1, 2015), family law proceedings were placed on a new legal basis and new tribunals with specialization in family law were created (Family Division at the High Court, Family Court, Youth Court). The involvement of experts has been made easier; Another aim of the law was to speed up the process.

The Administration of Muslim Law Act, which is authoritative for Islamic law, has undergone numerous editorial changes (e.g. change of the number and / or the sub-division of sections, modification of the transcription of Islamic legal terms); numerous other changes concern procedural law. The Administration of Muslim Law (Amendment) Act 2008 (iK 1.1.2009) raised the age of marriage from 16 to 18 years and thus adapted it to the regulation for non-Muslim marriages; Under special circumstances the Kadi can marry a girl who is under 18 years of age but has reached puberty (Sec 96 (4) and (5) - formerly Sec 90). The validity of marriages that differ from this before the entry into force of this regulation remains unaffected. Sec 134 makes unmarried coexistence a punishable offense. Muslim marriages are registered by the Registry of Muslim Marriages (ROMM).

The Muslim Marriage and Divorce Rules were revised in 2001 (last change in 2011), the provisions printed below under III C 4 no longer apply. However, polygyne marriages are still handled restrictively (for the relevant powers of the Kadi Sec 5, for the requirements that are made in practice, see the information from the Registry of Muslim Marriages (ROMM) on the page https://www.romm.gov .sg / about_marriage / romm_polygyny.asp).

(30.6.2015)