Christopher de Souza
Singapore
“I thank the Minister for his comprehensive reply. My supplementary question arises out of our deployment of our Multi-Role Tankers Transport. I think our airmen and soldiers, the Ministry of Foreign Affairs (MFA) and MINDEF should be commended. It was a complex high-altitude mission, and it was successful.”
“Much obliged, Sir. My supplementary questions draw from the fact that the situation displays: one, how Singapore has agency; and two, how Singapore can use the situation as a catalyst.”
“It cannot be allowed to be the master. It does not moralise. Thus, as we embrace AI, we must do so with discernment. We should use it to the extent that it facilitates decision-making, but it cannot be allowed to usurp our decision-making. Innovation cannot come at the expense of trespassing on some existing IP rights.”
“In relation to the study on the drug trafficking and the death penalty. In fact, in response to that, I think there is a very good statistic that we should elaborate on in this House and also out there in education that 15 grams of diamorphine feeds 180 drug abuses for one week.”
“The Singapore Land Authority plays an important role in unlocking the value of state land for community use. As a sportsman, I have personally seen with immense joy how underutilised spaces, such as areas under flyovers, can be transformed into safe and vibrant places for sport and recreation, whether for pickleball, futsal, badminton, te…”
“To propel our status as a hub, Singapore will need infrastructure, such as exhibition facilities, to showcase mediation capabilities, breakout rooms, bilateral mediation hearing rooms as well as printers, laptops and screens for settlement agreements to be typed out.”
The complete record
Every one of 1,264 lines we hold for Christopher de Souza, in date order, each linked to its source. Free to read, in full, without an account. Page 11 of 26.
“My aspiration is that the Southern Islands become a network, a neighbourhood of recreational parks where there are nature, biodiversity research and connectivity between the islands and the islands with the main island. Nature and connectivity need not be mutually exclusive. Accessible, yet preserved. Another aspiration I have is to consider the setting up of a Singapore Stewardship Fund. Without costing employers more, a percentage of the salary of a foreign worker, perhaps 10%-20%, can be put directly into a special savings account. This account, which would be able to pool together contributions from many other workers, would be able to earn a more attractive interest on the sum of money pooled. Upon termination of the work permit or pass, the worker can choose to cash out on the savings, or, if there is a renewal of the work permit, the worker can also choose to roll over the savings. If this arrangement is done on an opt-in basis, a discount on the worker's levy could be considered, thereby benefiting the employer, which, in turn, could provide a financial incentive for the employer to opt in. From the money deposited from his own salary into the worker's Stewardship Fund or account, there could be possible categories of expenditures that he can draw down on, for example, payment for enrichment or training courses accredited by the Government. It is hoped that, through a Stewardship Fund, foreign workers will be able to enjoy and utilise a nest egg when they go home to their families, for whom they have come here to work. Just as we cherish the contributions that Singaporeans make, we also cherish the contributions that foreign workers have made to our city. We also want them to come and add that extra value to our livelihoods, communities and culture.”
“Mr Speaker, Sir, I support this Motion. Our nation is going through a period of transition – from one generation of leaders to the next, drawing upon the wisdom and experience of the past while needing to forge new paths in this ever-changing world. But there are some things that remain constant. The first is the national aspiration. Singapore is like a ship. Aspiration is navigation, – the direction we are headed to. It is about vision. It is about hope. The President has outlined key priorities for the Government's latter half of this term. One of them is "Building a Well-connected, World-class City for Singaporeans". This is aspiration. Part of Singapore is the Southern Islands, seven islets: Kusu Island, Lazarus Island, Pulau Seringat, Pulau Tekukor, St John's Island and, now, the Sisters' Islands. They are a treasure trove. Land in land-scarce Singapore, but not just land. It is nature, beauty, memories and rest. Sisters' Islands house a marine diving trail. There are coral, blue waters, flora and fauna unique to the islands, rich biodiversity. In order to better protect the biodiversity, we have extended the protection under the Parks and Trees Act to marine parks last November. Currently, only St John's Island and Kusu Island are served by regular ferries and Lazarus Island is connected to St John's Island with a pedestrian causeway. The rest, besides Pulau Tekukor, are accessed through chartered yachts or chartered ferries. Singapore may be resource less but we are not resourceless. We should consider how we can bring out the biodiversity potential of the Southern Islands, while increasing connectivity to the islands so that Singaporeans can enjoy this part of Singapore.”
“On the one hand, we do not want to face a situation where the Police is unable to neutralise the danger and quell the disorder because they lack the necessary powers. And, on the other hand, there may be sentiments that the Police should not be given disproportionate powers. In my view, the way I deal with this tension is that I do not think the Police are being given disproportionate powers here. In my view, this Bill equips the Police with a level of power necessary to quell danger and neutralise an escalating threat. The foundation of my argument is that we have a good Police Force which largely enforce their powers professionally. And my core position is this: we do not want the Police to be unprepared, left inadequately protected because the Police officers are bereft of what they need to quell a threat. I support this Bill for it is needed to protect Singapore and Singaporeans.”
“Therefore, would the Minister kindly clarify whether the communication stop order prevents a person from passing on official updates on an ongoing incident so as to quell anxiety amongst the families of those affected? Another countermeasure that may be utilised is the power of requisition under clause 35. One can imagine that in a densely built-up urban area, such as Singapore, this power may be especially important for launching an effective surprise attack on the target person. The Bill also provides for additional offences that seek to ensure that the situation in the target area does not escalate further. For instance, clause 37, relating to provoking breach of peace. These offences are predicated on the activation order. Therefore, I would like to seek an elaboration on what, I quote, "all reasonable steps" that must be taken by management or an officer of a company to absolve liability under clause 45(2)(b) are. Essentially, what are "all reasonable steps"? While "reasonable steps" have been defined under clause 46(6) through the "standard provision" relating to corporate crimes as stated in the Explanatory Statement, what would it look like for a company to do all reasonable steps to promote a culture, something that is built over time, that does not encourage, tolerate or lead to noncompliance of the offences when the offences under this Bill only arise under the special circumstances of an activation order? What then? I hope the Minister will be able to clarify. From a macro perspective, Mr Speaker, this Bill confers powers necessary to effectively deal with large-scale public order, public safety threats. It comes with an underlying tension, and I accept that.”
“In a "serious incident" like that in illustration (d) of a large sit-down demonstration impeding traffic and interfering with normal business activities, it seems a communication stop order is not to be issued to quell publicity. Rather, it appears that it can only be issued if it is in the Police Commissioner's opinion that it would endanger safety of the public, prejudices ongoing law enforcement activity and other purposes set out in clause 30(2)(b). Sir, zeroing into the communication stop order, I support the idea behind it. Too many hostage rescues and counter-terror attacks have been compromised through social media broadcasting, live media broadcasting. Perpetrators at the Taj and Oberoi hotels in Mumbai in 2008 were able to view and monitor actions of security forces through television (TV) coverage. The power to take down drones in the target area should be considered. The bottom line is this. Once a theatre of threat has been established, we should remove all disadvantages to the Police. That will help to quell the threat and neutralise the danger. This restriction on communication protects the people being rescued by increasing the chances of a successful rescue. It also protects the people who are trying to rescue them. After all, they, too, have families and friends waiting for their safe return. Even as important as it is to control the physical situation, it is also important for the right foundations to be laid for social resilience. If there is a vacuum of information, there may be a lack of confidence that the situation is being managed. Because this may be for some time, perhaps one month, according to clause 10(2), inaccurate rumours may run amok through lack of accurate information. As the days pass, hope may dwindle.”
“This is done, not by the Minister, but by the Police Commissioner separately issuing temporary restraining orders, communication stop orders and requisition powers as well as the "special authorisation" under clause 11. Importantly, the current Bill is not without safeguards, as alluded to by the good Minister. It is not a rough expansion of powers across the board, carte blanche. Rather, clause 15 carefully calibrates according to the person exercising the power. For instance, while the Police are able to enforce curfew orders, serviceman cannot. Furthermore, other countermeasures in the Bill, such as curfews, communication stop orders, discontinuation of telecommunication service, requisition powers, do not apply across the board. They require yet another order by the Commissioner or Minister, on top of the more general conferring of broader powers. This calibrated approach makes sure that the measures are flexible enough to be effective in different situations, in different scenarios. An activation order or a mere special authorisation is not a free pass to all the rest of the countermeasure powers. They require additional orders by the Minister or Commissioner, only arising when the situation calls for it and may apply for a shorter time period. We are not treating it as a one-size-fits-all authorisation, but we are ensuring that there are enough mechanisms to address serious incidents effectively. Another important restriction that embeds accountability into the exercise of power is the explicit lists of acceptable purposes of the use of the power. Take, for example, the communications stop order in clause 30.”
“Another example is the power to remove parked vehicles under clause 24 on the basis of endangering others, obstructing traffic flow and hindering the exercise of special powers. Imagine what would happen if a single vehicle held up the back-up Police forces, or if a vehicle was lying around as a getaway car, also doubling up as an obstruction to Police forces. Another example is the power under clause 27 to direct premises owners to cooperate by providing information about the premises, closing the premises for a specific time, and ensuring the entrances and exits are secured. Take, for example, a situation where the perpetrator is still at large in the area. Surely, we do not want more people walking into the "minefield". And, surely, having access to floor plans is going to be extremely helpful for strategising where and how operations may be carried out. Therefore, this Bill provides powers to deal with large-scale public disorder and serious violence incidents, which are largely different from normal day-to-day scenarios. Additionally, this Bill is specifically targeted towards ensuring that the Police can effectively respond to the situation. This can be seen in how the applicability of the expanded powers in this Bill are triggered by the Police Commissioner, that the purpose of the power is meant to enhance Police effectiveness, is a recurrent theme throughout the Bill presented today in Parliament. Therefore, although it is predicated on the Minister's issuance of an "activation order", which powers are to be exercised and by whom, are decisions for the Police Commissioner to make.”
“Mr Speaker, Sir, I support this Bill because it provides our Police with the necessary powers to respond effectively to specific situations, in particular, terror attacks. Terror attacks follow the same game play of division, terror, pandemonium. But terror attacks have ranged in form, such as lone wolf attacks, for example, knife attacks against a church in Yogyakarta, Indonesia; to coordinated firearm attacks, for example, the bombing in Paris in November 2015; or the tactic of long besiegement, for example, in Marawi, Philippines, or a quick single attack through commonplace items, for example, the vehicle rampage in Berlin's Christmas market; or highly symbolic, high impact attacks, for example, the collapse of the Twin Towers, or insidious attacks against innocent children, such as the bombing at the Ariana Grande concert. As terrorists' methods change and vary widely, we, too, in Singapore, need to ensure that our laws keep abreast to deal with their widening and changing modus operandi. The bases of the expanded powers are acts of serious violence affecting the public, acts causing large-scale public disorder, and terror attacks. These have been carefully defined under clauses 3 and 4. While such expanded powers are completely ill-suited for a neighbourhood theft incident, for example, the standard powers are also ill-suited for dealing with such large-scale public order and public safety events. For example, under clause 19, read with clause 15(4)(a), the Police are able to rope in civilians to help to cordon off roads. This would be extremely useful, for example, where there is a large area to secure and when back-up is not there yet, and time is of the essence in preventing the perpetrator from escaping or other members of the public from entering.”
“I thank the Minister for his reply, and I would like to say that I agree with every word in that response. My questions are: one, how do we keep the public's esteem for our Singapore Judiciary at a high and a continued high such that it is important to maintain our rule of law standing as a country? Two, in line with the Public Service's move towards a clean wage, could the Minister clarify whether the judges are paid a pension or provided medical benefits, that is, do they have a clean wage?”
“I am grateful. I have also informed the Minister for Law so that the article can be addressed in the Minister's response. Question No 2, please.”
“The basis of my question took reference from a recent 18 March report published in the British newspaper, The Times. With Speaker's permission, may I ask the Clerks to distribute copies so that Members can refer to it?”
“Hence, the UM Fund would allow solicitors to avoid this conundrum in the future. Furthermore, these unclaimed monies can be used for a public good. The new section 70J(3)(b) in clause 18 provides that it can be used for "pro bono services provided by the Law Society or by any wholly-owned subsidiary of the Society". Sir, even as this solution provides a win-win situation for the community and the relevant solicitor, it will also provide sufficient safeguards to ensure client’s interests are not compromised. The purpose under which a solicitor may apply to transfer money into the UM Fund will be restricted under section 70J(2) and (3). Claims against the Fund are also allowed up to six years after the transfer, after which the Society still retains the discretion to pay part or whole of the amount being claimed. In this manner, the UM Fund provides a practical win-win solution for all. Sir, the Legal Profession has an important role in ensuring that Singapore remains a country run on the rule of Law. This Bill augments that aim and, therefore, I support it.”
“My second clarification for the Minister is on the introduction and expansion of remedial measures. While it may provide for an intermediate option in addressing situations, the Bill sets few parameters on what kind of remedial measures Council can make under the new section 97A. While Ministerial approval is necessary, it seems as though the power is constrained only by the purpose of the rule, that is, new section 97A paragraph (a) which says "to address any issue concerning the professional practice, etiquette, conduct or discipline of a regulated legal practitioner" and paragraph (b) "any requirements that Council may specify for compliance with an order of the Council under section 88(1A) or 94(3A)". The latter seems to include warning, reprimand and financial penalty as remedial orders. My clarification for the good Minister is why are the safeguards in section 88(2) and section 88(3) not extended to the new subsections (1A) and (1B) even though they may carry similar consequences? In short, my position is that any remedial actions must also be fair to the practitioners, and the process in deciding whether a remedial action should be administered should also be fair to the practitioner. Fourthly, Sir, through the setting up of the UM Fund, clients’ interests continue to be safeguarded, while providing a practical solution for some solicitors’ conundrum. These changes would allow lawyers who wish to retire to do so, by relieving lawyers of the burden and expense of maintaining the client account. This is especially pertinent as the solution mechanism of "intervention money" being paid into the Compensation Fund does not reflect our current legal industry landscape where law firms may not always continue across generations.”
“Not restricted to individuals, the Law Society also works with voluntary welfare organisations (VWOs) and charities which are unable to afford legal consultation and representation due to limited resources. Law Awareness seeks to "break 'legal jargon'" into accessible "easy-to-understand elements" for the public through talks, exhibits, resource materials. Therefore, these welcome amendments enhance the Law Society’s contributions to our community. Secondly, Sir, the Bill furthers the drive to make Singapore a robust regional and global legal hub. Clause 30 introduces a new Division 5 that would regulate group practices in Singapore by Singapore and foreign law practices. This provides for another option that law practices may choose to organise themselves within, allowing for more flexibility in how practices may choose to position themselves in the legal industry. This Bill also provides for law experts to appear before SICC and relevant appeals in the Court of Appeal. The expertise from which SICC can draw on in a proceeding is no longer limited to practising solicitors, persons admitted under section 15 ad hoc admissions or foreign lawyers registered under section 36P. But these legal experts serve a separate function. They come into the picture when the SICC orders that a question of foreign law be determined on the basis of submissions, instead of proof. Thirdly, this Bill seeks to further regulate the Bar. On this theme, I have two clarifications for the Minister. Firstly, I would like to ask for an elaboration on clause 20, new section 75E, which provides for declaration of practice areas on practising certificates, unless exempted. May I ask the Minister what is the thought behind this and how would it work?”
“Sir, two of the three stated objectives in the long title of the Legal Profession Act are to constitute the Law Society and to amend and consolidate the law relating to the legal profession. The legal profession plays an important role − an integral role − in the administration of justice in our rule of law society. Through ways, such as providing legal advice, representation and promoting legal literacy through education, lawyers play an important role in access to justice. This Bill furthers their efforts and the legal profession's contribution to society. Firstly, this Bill facilitates the Law Society to perform functions and activities better. It provides for wholly-owned subsidiaries which would allow the Law Society to make use of separate legal entities to perform functions and activities. One of these functions could be pro bono services as clause 4 also allows solicitors employed under the wholly-owned subsidiary to apply for a practising certificate. This is also supplemented through clause 19 that allows the wholly-owned subsidiary to use accretions to capital from the Compensation Fund. Through the new section 70J(3)(b), the new UM Fund would also complement that financial support for the Law Society's pro bono services and the activities of a wholly-owned subsidiary. These amendments would support the ongoing pro bono efforts by the Law Society. At this point in time, I should declare that I am a legal practitioner at the Singapore Bar. One of the stated missions of the Law Society is to ensure access to justice for all, and one way this has been done is through pro bono services. Some of the excellent work is reflected in the Community Legal Clinic Scheme, the Criminal Legal Aid Scheme (CLAS) and the Ad Hoc Pro Bono Referral.”
“Singapore is such a country. Therefore, I support this Bill. 12.08 pm”
“When it comes to corporations, the Deferred Prosecution Scheme seeks to resolve systemic problems in corporations that led to the offence being committed in the first place, for example, through requiring certain processes to be set in place. It also seeks to resolve the difficulties in punishing the legal personality or the separate legal personality of a company. It does this by facilitating investigations so that there can be a more meaningful attribution of culpability. There is, therefore, a strict requirement that it must be a corporation or association that is represented by an advocate. Just to seek the clarification of the Senior Minister of State, would that include a fully-qualified Singapore lawyer who has now gone in-house, or not? Is that advocate required to be a practising member of the bar? As there is a process of negotiation between the one being sentenced, that is, the company and, on the other hand the prosecutor, as well as opportunity for re-negotiation if the Court fails to approve, it is important that the introduction of the Deferred Prosecution Agreement does not create the misperception that laws will not be consistently applied. The Deferred Prosecution Agreement is also a good illustration of the underpinning rationale behind this slew of amendments, that is, not to be content with what we have already achieved but being open to ideas and looking to improve it further, complements what the Senior Minister of State has just said. In fact, this was the driving force behind these amendments. This is reflected in the title which says, "To enhance the fairness of procedures and ensure correct and equitable outcomes in the criminal justice system". That justice is done and is seen to be done is important in a country run on the rule of law.”
“Another amendment that deals with post-conviction considerations head-on is straightening the framework of victim compensation under the CPC. As the Singapore High Court in Soh Meiyun v Public Prosecutor said, "Compensation Orders are, in effect a shortcut to the remedy that the victim could obtain in a civil suit against the offender". This is especially important when a victim does not have the financial means to initiate a civil suit and yet requires the same compensation as those who can, especially compensation for medical bills as a result of an offender's actions. As they have an interest in the matter, the provision also gives standing to the person being compensated to adduce evidence and make submissions. Will the good Senior Minister of State clarify if she is of the view that giving such standing would change the law on compensation to some extent? That is, "[Compensation Orders] should not require the Court to embark on complicated investigations of fact or law", taken from the leaf of the judgment of Soh Meiyun v Public Prosecutor at paragraph 58. This Bill does not just make it mandatory for the trial judge to consider victim compensation but also makes it mandatory for the trial judge to give reasons as to why he or she does not make such an order. To be fair to the accused who may have difficulty paying such compensation amounts as well, subsection 2B of section 359 will make it explicit that the Court must consider the offender's financial means and subsection 2C will empower the Court to make a financial circumstances order to establish this.”
“While it is important that sureties' incentive to monitor the accused is not weakened by indemnity, would the prohibition against indemnity agreements remove all possibility for families who would otherwise struggle in getting sufficient funds from getting those funds from relatives and friends so that their loved ones can be released from bail and continue working? My question. Moving on, a criminal justice system needs to be fair and, in administering justice, the decisions have to be accurate and equitable. Upon conviction, different principles and considerations comein to play. These are just some of the important questions that have to be considered in the drafting of the post-conviction portion of the CPC. To this end, I welcome the expansion of the community-based sentencing regime. Community-based sentencing seeks to put rehabilitation at the centre of the sentence. For some orders, there is less disruption to social support around the offender. This can be seen even for the Mandatory Treatment Order, where there is a possibility of a family or a friend taking care of the offender. Community-based sentencing would also make it easier to maintain gainful employment and be less disruptive to studies for younger offenders. Because of this, community-based sentencing ameliorates some difficulties of reintegration. It also supports rehabilitation efforts by allowing an individual to remain in the community. This Bill expands the scope of community-based sentencing to cover more offences and offenders and I hope that this will further promote the effective reduction of crimes through rehabilitation while, at the same time, not diluting a consistent message of deterrence, for deterrence is also an important rationale in sentencing.”
“The explanatory statement paragraph (b) of the relevant portion, says this: "by inserting new subsection (4A) to clarify that the making of a statement by an accused is not to be regarded as caused by any inducement, threat or promise merely because a person in authority had earlier informed the accused that the accused was required or legally bound to give information under section 27 of the Prevention of Corruption Act (PCA) (Cap 241), if that person believed any of certain things in good faith, when so informing the accused." Big mouthful; I will get to my point. Previously, however, in Annex B, and I quote: "Table of Proposed Legislative Changes to the Criminal Procedure Code (CPC) and the Evidence Act" used for public consultation, item 29 says that "It has been stated in previous Court decisions that telling an interviewee that he is bound to tell the truth in respect of non-corruption offences can amount to inducement, which renders a statement inadmissible. This is because section 27 of the PCA only applies to offences under the PCA. My question is: will the Minister kindly clarify this possible inconsistency – I am not saying that there is an inconsistency, I am saying that there is a possible inconsistency – and whether the amendment is, indeed, changing the law or merely clarifying it? Moving on, Sir, the criminal justice system needs to be fair and it needs to be fair for everyone who may find themselves in that system, not just the rich but, importantly, the poor.”
“Hopefully, the names of the vulnerable victims or witnesses will be concealed. Even as we seek to remove obstacles from victims seeking redress through the proper channel, we must also bear in mind the tenet of "innocent until proven guilty". Therefore, we need to take a balanced and measured approach. For example, when it comes to the evidential shield in the Evidence (Amendment) Bill that prevents a defence counsel from asking certain questions without Court approval, we must make sure that it will not interfere with a fair trial – a right of the accused – in an adversarial system. The right of the accused who is innocent until proven guilty in such an adversarial system. Allow me to turn to the restriction of psychiatrist experts to a panel, which is done through the new section 270. The rules of eligibility have to be carefully crafted so that it will be grounded on the objectivity of a psychiatrist's testimony and not add pressure on the psychiatrist to favour one side or the other. In this regard, I would like to seek a clarification as to the purpose for the two-year term in subsection (2) as well as the possibility for revocation under subsection (4). Additionally, by limiting the supply of such experts, fees may increase. By limiting who can testify in Court on such evidence, this places a limitation on what a defence counsel may do to present his most accurate case. Therefore, to ensure the rationale of fairness remains paramount in the trial process, we should have, in my view, a long panel list of psychiatrist experts and not restrict the panel to a short list. This will allow a mentally-ill accused person to see a medical professional he or she is most comfortable with. In the same vein, I would like to seek a clarification regarding clause 74.”
“By having access to more information, the defence would be able to better prepare a more accurate case in the adversarial system, thereby promoting a more precise outcome. I also want to highlight two other amendments in light of this rationale of fairness. With regard to protecting vulnerable victims, a balance has to be struck between removing barriers that deter a victim from taking the perpetrator to task and ensuring that the process remains fair to the accused. In order to secure a rightful conviction, the victim often needs to testify. Testifying to the hideous acts that have been done can be a very daunting and harrowing experience, especially if done in full view of the perpetrator. Because of this, the new section 281B seeks to reduce the trauma of vulnerable victims. By providing for video-recorded statements to be adduced as verbal evidence, it reduces the need to recount the traumatic experiences again and again. Would the Minister clarify how this will be done operationally; in particular, would the statement be recorded by a third-party person in authority and would the person giving the statement know, while giving the statement that it would be used in a Court proceeding? The new section 281B accords some certainty of protection when a victim needs to testify to the harrowing details of the alleged offence. Through it, he or she will be able to give evidence in-camera, if he or she wishes to. While this would reduce the pressure of giving testimony in a public setting, the public interest in the publicity of criminal proceedings will still be served through the amendments in clauses 126 and 127 which would give the Court the discretion to allow journalists and individuals with sufficient interest to attend in-camera proceedings.”
“Sir, I support this Bill which, as the name suggests, reforms our criminal justice system. An effective criminal justice system is important in a rule-of-law country. Laws need to be enforced consistently. Offenders know they cannot get away scot-free. Those who obey the law must be confident that they will not be wrongly convicted and punished. Beyond that, the criminal justice system has to retain its legitimacy of addressing injustices so that people will not turn to vigilante acts. For this legitimacy to be maintained, the criminal justice system must be concerned with arriving at the correct outcome and arriving at it in a fair and impartial manner. After all, "a person is innocent until proven guilty". To this end, this Bill introduces video-recording of statements by an accused and expansion of the Criminal Case Disclosure (CCD) regime. Video-recording of accused's statements sets the record straight with regard to allegations of oppression, inducement, threat or promise – issues that go towards admissibility. The evidence-gathering process would, hence, become more transparent and there can be no allegations of the statement not being read back in a language the accused is familiar with. As such, the accused may perceive this as a fairer process. Before I go on to the next part of my speech, I should make a declaration that I am a legal practitioner, practising both civil and criminal law. The expansion of the CCD regime is also welcomed because it levels the playing field between the prosecution and the defence and reduces the perceived advantage a prosecution has in terms of resources and information availability. By being able to look over the statements before the trial, the defence will be able to identify and home in on the key disputes.”
“Sir, it is good that concerted effort in policymaking has been undertaken to meet the healthcare needs of Singaporeans. However, is MOH also tracking the supply and number of doctors needed to meet the vast cross-section of healthcare demands in Singapore? For example, are the sizes of the cohorts in the medical faculties in our universities calibrated such that the rate of supply of doctors in the profession would meet the needs of our population over the next 10, 20, 30 years? Additionally, can MOH, in collaboration with the integrated healthcare clusters, provide guidance and regulations to prevent a disproportionately high number of qualified doctors from specialising in niche specialties? This is because disproportionate over-specialisation may leave other specialties less well-staffed which will, in turn, lead to multiple healthcare needs not being met.”
“Sir, allied healthcare workers provide a strong human resource infrastructure in our healthcare system. Facilitating career advancement and training of allied healthcare workers will benefit many Singaporeans. First of all, the patients who will receive quicker and more targeted care; second, the doctors' workload will be alleviated; the third to benefit are the allied healthcare workers themselves as they can look forward to career opportunities; and fourth to benefit would be the next generation of Singaporeans who will have the option of entering meaningful healthcare-related vocations. Therefore, would the Minister for Health consider a central body which studies and charts career opportunities of the allied healthcare workers in each of the integrated healthcare clusters? Skillset for Taking Care of Seniors”
“Sir, a key concern of young families is the availability of childcare centres near their homes. This is because these centres meet many needs. First, the need of the mother who wishes to return to work to advance her career or supplement the household income together with her husband. Second, the need of the child who will benefit from early childhood education. And third, the need of the grandparents who will find time to rest when the child is at the childcare centre. Therefore, in order to incentivise young couples to have more children, I have two suggestions. First, how can a larger amount of void deck space be allocated for childcare centres at the planning stage of new HDB BTO precincts? Secondly, how can the Ministry incentivise childcare providers to provide affordable services within private property estates to also meet the needs of the families who live in the private property estates? 2.00 pm Preschool Mother Tongue Teachers”
“Sir, may I record our thanks to the many diligent officers in MinLaw and in various agencies under MinLaw's purview. I would also like to thank Minister K Shanmugam and Senior Minister of State Indranee Rajah for their insightful replies. With that, Sir, I beg leave to withdraw my amendment for Head R. [(proc text) Amendment, by leave, withdrawn. (proc text)] [(proc text) The sum of $233,470,100 for Head R ordered to stand part of the Main Estimates. (proc text)] [(proc text) The sum of $218,061,100 for Head R ordered to stand part of the Development Estimates. (proc text)]”
“Long delays, excessive costs may effectively turn the most enlightened law to a dead letter and frustrate one's ability effectively to guide oneself by the law." Access to justice is important for the justice in a rule of law society. Justice cannot be exclusive to the well-educated who can understand and navigate their way through our legal system or the rich who are able to hire lawyers. Therefore, what reforms does MinLaw envision to improve our criminal, civil and family justice systems, so as to ensure the rule of law and access to justice remain in Singapore? Three Trial Judges for Capital Cases There is a need, Sir, to enforce tough laws to deter highly harmful crimes, such as drug trafficking. Historically, capital offences were the last category of cases in Singapore to be tried by jury and, later, by two trial judges. They were required to arrive at a unanimous decision, otherwise the accused would be convicted for a lesser offence. As triers of fact, trial judges have an important role in deciding questions of fact, which the appellate Court seldom disturbs. In conclusion, therefore, would MinLaw be open to studying whether it would be beneficial for the criminal justice system as a whole – that is, the Defence, Prosecution, as well as the accused person facing capital punishment – to have three High Court Judges sit in trials involving a capital charge? Small Claims Tribunal”
“Sir, the Smart Nation drive is Singapore's vision to be an economically competitive global city and a liveable home. There is much economic and social advantage to garner from it, including individuals' convenience, accessibility, enterprise, efficiency through innovation, resource utilisation and allocation. Society benefits, too, through creating opportunities and finding new ways to generate value. To this end, how is MinLaw supporting this effort through the enacting of a supportive legal regulatory framework, or through the day-to-day operations of the various agencies or bodies under its purview? Innovation – Protecting Intellectual Property Innovation, if harnessed and promoted, can be a key driver of future economic growth. This is especially so as Singapore transitions into an innovation-led economy. As MinLaw seeks to develop Singapore as an intellectual property (IP) hub, how does it support businesses to develop strategies and expertise to realise the full value of IP? Importantly, how do MinLaw and the Intellectual Property Office of Singapore (IPOS) continue to ensure that IP is well protected in Singapore, and that Singapore retains its reputation as a jurisdiction with good IP protection? I should also declare that I am a legal practitioner who also practice IP law. Criminal and Civil Justice Systems The rule of law has been called the "bedrock on which our society was founded and on which it has thrived." An accessible court of law is one of the eight non-exhaustive principles which jurist Joseph Raz set out as flowing from the basic concept of the rule of law. He says, "Given the central position of the courts in ensuring the rule of law… it is obvious that their accessibility is of paramount importance.”
“I should now declare, Mr Chairman, that I am a partner in a firm that practises arbitration. SIAC has also been monitoring and spearheading developments in the area of arbitration. For example, in January last year, in recognition of the different interests that may arise in international arbitration disputes, Singapore was the first major arbitration centre to offer specialised rules for international arbitration, on top of the more general rules for commercial arbitration. The Singapore International Commercial Court (SICC), as Bloomberg described it, "gives global investors in South and Southeast Asia a judicial forum with international legal sophistication that can rival any in the world." Its unique procedure is also specially adapted for complex commercial cases. So that Singapore may continue to expand as a legal hub, what further measures will MinLaw roll out to make the Singapore firms and Singapore-based lawyers relevant to the growing opportunities in ASEAN, Asia and the world? Infrastructure Office under Enterprise Singapore Sir, Budget 2018 announced that an Infrastructure Office will be set up to draw together local and international firms to develop, finance and execute infrastructure projects in the region. Also involved are the Monetary Authority of Singapore (MAS) and Enterprise Singapore (ESG). Would MinLaw please elaborate on the purpose, rationale and thinking behind the Office and how Singapore could benefit from this initiative? Industry Transformation Map – Developing the Legal Sector”
“Mr Chairman, Sir, I beg to move, "That the total sum to be allocated for Head R of the Estimates be reduced by $100." The Ministry of Law (MinLaw) has strategically positioned Singapore to be a legal hub, building on the foundation of the rule of law. At this time, ASEAN presents good opportunities to provide an array of legal services. Legal services in the Asia Pacific region are projected to grow at 5.5% per year between 2014 and 2019, outpacing the annual global rate of 3.3%. China's One Belt One Road Initiative, Thailand's East Economic Corridor and other infrastructure projects also pose great opportunity in the region. The new initiative called "Lawyers Go Global" seeks to support positioning Singapore lawyers with the competitive edge through overseas trips, training, branding and marketing. This is especially important for small and medium-sized enterprises (SMEs) which have valuable niche expertise to contribute but may lack the resources to do so. Additionally, "many multinational corporations (MNCs) are based in Singapore and use Singapore lawyers for their regional transactions." In fact, Singapore is the top Asian location for MNCs to set up regional headquarters, with about 46%, compared to 37% in Hong Kong. This disparity, when it comes to technology MNCs, is even more pronounced, with Singapore accounting for 59% and only 18% for Hong Kong. One aspect of being a legal hub is being a dispute resolution hub through offering of the whole suite of dispute resolution mechanisms. The reputation the Singapore International Arbitration Centre (SIAC) has as an efficient and impartial dispute resolution platform has strengthened Singapore's reputation as a dispute resolution hub, servicing the region and even beyond the region.”
“Sir, many unsung heroes wear blue. Thank you to the Home Team led by Minister K Shanmugam, Second Minister Mrs Josephine Teo and Parliamentary Secretary Mr Amrin Amin for keeping us safe. And, of course, Deputy Prime Minister Teo Chee Hean. Sir, I beg to withdraw my amendment for Head P. [(proc text) Amendment, by leave, withdrawn. (proc text)] [(proc text) The sum of $5,341,251,900 for Head P ordered to stand part of the Main Estimates. (proc text)] [(proc text) The sum of $1,134,320,700 for Head P ordered to stand part of the Development Estimates. (proc text)]”
“Such a quashing of his record will seriously incentivise him to stay clean for those number of years. The result is a win for himself, a win for his family, and a win for current drug inmates who have a real role model to follow. So, it is a win-win-win. It is worth a serious try. So, would MHA kindly consider it? Response to Threat of Drugs”
“Sir, there has been a slight decrease in total number of drug abusers, but there is still cause for concern. Statistics show that the contamination rate is still high, with the proportion of new drug abusers remaining high at about 40%. The proportion of new drug abusers under 30 years of age also remains high, at about two-thirds. In the past four years, the age group of those between 20 and 29 has made up about 45% to 50% of new abusers each year. This has important implications for our next generation. Even though there may be shifting attitudes towards drugs, we must not cave in to what I call the defeatist narrative of the West, which promotes legalisation for recreational drugs. There is nothing recreational about seeing whole families suffer physical, economic and mental harm across generations. Our Misuse of Drugs Act (MDA) must continue to criminalise both the demand and supply elements of the drug transaction, that is, trafficking the drug, the supply, and the consumption of it, being the demand. This allows Singapore to retain all tools and levers to reduce the flow of drugs into Singapore and the abuse of drugs on our shores. In light of this, will MDA be further bolstered to meet the morphing drug threat, for example, the new advertising of sale of drugs through the Internet, new psychoactive substances that enter the market every now and then, and more users making up new abusers? As regards promotion and the principle of rehabilitation, would MHA consider quashing the drug consumption convictions or record for a former drug abuser who has kept away from drugs for several years, for example, two, three or five years? This can be tracked from his regulated urine test.”
“The number of child abuse cases has been increasing over the last four years. The attacker in 90% of the criminal cases involving sexual assault on a minor in 2014 was someone who was supposed to protect the child. It is a harrowing experience to have to recount the abuse one has suffered at the hands of a superior. The pain is felt even more acutely when the victim is a minor, a child. This may be exacerbated when the victim feels uncertain about whether he or she will need to see the perpetrator again. Therefore, within the judicial process, as well as at the stage of investigations, how can the victim be made to feel less distraught when having to provide evidence against the alleged perpetrator? Offenders with Mental Health Conditions”
“Deterring Violent Extremism Sir, last year, it was reported that the length of time needed to radicalise an individual had decreased from two years to as little as one or two months. Self-radicalisation through the Internet is also a threat. A Straits Times' article in July last year reported that the Internet was a common link in all 15 cases of Singaporeans who were radicalised and dealt with under the Internal Security Act (ISA) since 2014. In Indonesia, in the past, a method of recruitment was through online games. Recently, recruitment attempts have also intensified. For instance, the terrorist recruitment video in September 2017 featuring the Singaporean Abu Iqayl was analysed as a stepped-up attempt to reach out to a younger and better-educated audience in a predominately Malay/Muslim region. Our unique social fabric in Singapore, especially our multiracial way of life, is harmed by plans for, thoughts of, and actions towards violent extremism. Terrorism is an affront to all our communities in Singapore. This is an affront to the Chinese community; it is an affront to the Malay community; it is an affront to the Indian community; it is an affront to the Eurasian community. Therefore, how can we bolster our laws to prevent the spread of radicalised teachings that promote violent extremism? Segregationist Teachings”
“While the Government can play a facilitating role, ultimately, every Singaporean needs to play a part. This community, holistic approach to counter terrorism is supported by a recent study that showed that Malaysia's previous terrorist rehabilitation programme was perhaps not all that effective as it was a top-down and only focused on the religious aspect of violent extremism, with the majority of rehabilitated, or so-called rehabilitated terrorists, still holding on to their original beliefs and continuing financial support to violent groups. In contrast, Indonesia's variety of rehabilitation programmes run by the government, civil society groups and the local community was more comprehensive in addressing the variety of factors, taking into account the person's feelings of dissatisfaction with life, weak ties with family members, poverty and ideology. Another example is a community-based women's group in Bangladesh which equips women to promote social cohesion and battle violent extremism in their roles as mothers, wives, sisters and daughters who shape the values of those in their family and community. Last year, the Ministry of Home Affairs (MHA) announced that by 2019, every one of the 89 constituencies will have undergone at least one crisis response exercise. Even as such exercises are being rolled out to prepare Singaporeans for a terror attack, it is important for every Singaporean to participate and play their important role in keeping Singapore safe when a terror attack vest on our shores. How can MHA foster such a relationship with Singaporeans to achieve that goal of a strong Singapore in the face of a terror attack?”
“Mr Chairman, I beg to move, "That the total sum to be allocated for Head P of the Estimates be reduced by $100". 12.45 pm Sir, Christmas passed; New Year's Day passed. No terror attack. No bomb. Thankfully, we have effective, professional and responsive uniformed teams working to keep us safe – the Singapore Police Force (SPF), the Singapore Civil Defence Force (SCDF), the Singapore Armed Forces (SAF) and the Internal Security Department (ISD). But terrorism is not a fight they are to battle against alone. Every Singaporean has a role to play. Singapore is a prized jewel because of what Singaporeans stand for – meritocracy, diligence, multiracialism, unity. Because of these attributes, many evil doers seek to do us harm. But should a terrorist threat ever vest on our shores, it is those very attributes that will enable us to overcome the disunity terrorism seeks to sow. Each Singaporean has a social role to provide a united multiracial response in the aftermath of a terror attack. That duty cannot be left to the Home Team alone. Every Singaporean has a role to play. That way, our precious Singaporean unity, so unique to the world, will be preserved. There are two reasons why the role of each Singaporean is particularly important. Firstly, the Singaporeans would probably be the first ones near the scene and how they respond is important. How Singaporeans react in the midst of a terror attack is very important. Secondly, to provide a multiracial response to the disunity that terrorism seeks to sow, the whole of the community needs to be involved in the response. Relationships and mutual trust and understanding which undergird multiracialism are not something that can be manufactured or imposed top-down.”
“Sir, while there is no easy solution for the humanitarian crisis in the Rakhine state, it is, nonetheless, an issue ASEAN should be concerned about. Firstly, the humanitarian situation in the Rakhine state is still a cause for concern, even though Bashan Char is being prepared and repatriation is underway. Excluding those internally displaced who fled in earlier incidents of violence, since August 2017, more than 688,800 Rohingyas have fled the Rakhine state, exponentially expanding refugee camps beyond their capacity, and without adequate water or sanitation. Of these, about 60% are children, of whom some have suffered separation, being orphaned or even being raped. Secondly, the mass displacement across territorial boundaries threatens regional stability. Terrorists have also used this issue to recruit more people, including those in Malaysia, to join their cause. Thirdly, all ASEAN states have expressed a deep commitment to the importance of human rights, for example, Article 14 of the ASEAN Charter, which forms the basis of the ASEAN Intergovernmental Commission on Human Rights (AICHR), the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), and the ASEAN Human Rights Declaration. ASEAN has concertedly alleviated humanitarian situations previously, for example, the earthquake in Aceh in December 2016. Therefore, I would like to ask: one, what can ASEAN do in response to this humanitarian crisis? Two, how can the ASEAN Human Rights Declaration, ASEAN Charter and other ASEAN legal agreements form a stronger basis for engaging Myanmar to take greater humanitarian action? And three, as ASEAN Chair, what can Singapore do to alleviate the humanitarian situation?”
“The point is not that the reversionary lease returns to the Government but that the reversionary lease only returns to the Government 100 years later or 10 years later and you would have spent the income from the sales this year. This does not lend itself to financial prudence. It is better to treat revenue generated from land sales as Reserves, invest it and use the net income from it up to 50%. Sir, as stewards of our resources for the next generation of Singaporeans, we need to be accountable and responsible to make Singapore even more liveable and stronger for the next generation. As stewards, we cannot have a single-minded fixation on theoretical purity. Sir, when we see someone's success or progress is benefiting the community, we win as a people. When the Government projects far into the future and takes decisive fiscal action now, we win as a state. And when we are able to see that where we are born is not where we will end, we win as a nation. On the basis that we are called to be stewards in this House, I support the Budget. [Applause.]”
“I should say thank you to HDB for that, and she is now a home owner. We both celebrated when we heard the news. That is upward mobility. That is social mobility. How could that happen? Flexible economic policies. Caring for the lower-income and, at the same time, being business-friendly so that the economy thrives, and being honest with the people we serve about Singaporeans' future needs and how to meet them. Mr Pritam Singh has suggested using the revenue raised from land sales to fund expenditure. In particular, Mr Singh suggested a cap on the amount of earnings that can be used, such as not more than 20% of the value of average land sales over 20 years or 20% of land sales for that year, whichever is lower. The point here is that we do not want to build in a formula which promotes indiscriminate or rash sales of land to increase revenue for immediate spending. The suggestion on 20% of land sales for that year does not solve that issue; neither would value of average land sales over 20 years resolve that issue as, one, land sales revenue can fluctuate over a long period of time; and two, even if it is pegged to the average land sales over 20 years, this average can be pushed upward each year to more and more sales. Hence, instead of building in a formula which promotes possible indiscriminate quick sales of land to increase revenue for immediate spending, it is more fiscally prudent to allow land sales to form part of the Reserves and then investing those Reserves to achieve healthy NIRC. Ms Sylvia Lim is of the view that because the reversionary title of 10- or 99-year leases return to the Government, land sales is not one-off, that we can use the revenue from land sales and not put all of that in our Reserves.”
“And we are being upfront with the people we serve. That is honest politics. That is why I disagree with Mr Low Thia Khiang's position that we should not have disclosed the future GST increase now so as to get "buy-in" for the broader vision of this Budget. But my counter is this. We cannot conceal from the people we serve that this revenue will be needed in three or more years. That is transparent politics. Much of the increased expenditure is important for meeting the needs of Singaporeans in the long term, for the future. That principle of stewardship is not to be scoffed at or dismissed lightly. It is a very rare commodity. Mr Pritam Singh also mentioned that we keep on piling accolades on people at the top. That took me by surprise and I would like to respond to that point because the statement goes against a lot of what I and many in this House stand for. In fact, many of us in this House stand for the uplifting of the vulnerable. We do speak for the voiceless and we celebrate each step taken towards a better life. Let me give a concrete constituency example, which also responds to Ms Sylvia Lim's point about rental home dwellers. A resident whom I serve currently stays in a rental flat with his wife and three daughters – all five of them. Their daughters are all studying at the moment, one in JC, the other in polytechnic and the eldest at university. Recently, he shared with me that the family has secured a HDB loan and they will be moving to a flat they can call their own. So, he would be a home owner. It reminds me of another family, a single mother who works as a security guard to raise her family, living in a rental flat. We worked hard to piece together and appealed to HDB for her to purchase her own HDB flat. The approval was given.”
“This includes expanding healthcare infrastructure, such as public hospital, community hospital and nursing home capacity; enhanced subsidies for specialised outpatient clinics, as well as intermediate and long-term care and subsidies on premiums on MediShield Life. These also accommodate longer life expectancy and an ageing population. Two, security. There is even more need to "take action" and strengthen our security and defence in the face of "turbulent geopolitics" and the threat of a terror attack at its highest. In 2010, spending by the Ministry of Home Affairs (MHA), the Ministry of Defence (Mindef) and the Ministry of Foreign Affairs (MFA) on security was $14.8 billion and it has since increased to $19.5 billion, or 32%, on security in 2016, amounting to about a quarter of the national Budget. More cameras are being installed. Video Trawling and Analytics System to detect, track and recognise faces is being developed; and officers are being trained with simulations and are being equipped with pistols that can hold more bullets. Further, all MHA departments are expected to be housed at a single complex by 2023 for better coordinated responses in a crisis. Expenditure number three, education. To help everyone reach his or her potential, expenditure per child has increased. This starts even at a young age. By 2020, spending on the preschool sector will be at $1.7 billion per year. It is a colossal task to give every child a good foundation from a younger age, especially preschool. But we are doing just that. We are also rolling out programmes to increase financial literacy, digital skills in helping mid-career Singaporeans reskill and upskill in the changing economic landscape. So, revenue raising must go up. One way is to raise GST.”
“The Budget also looks to render more support for healthcare and education by having more meal coverage for secondary school students under the Schools Meal Programme and increasing the merit bursary quantum for pre-university students. There is also a review on subsidising premiums to ElderShield for the lower- and middle-income to keep healthcare affordable. We are doing all these while also retaining and preserving some right-leaning policies, for example, personal income tax was not increased. Nor was corporate tax. Indeed, this Budget continues to subsidise business costs, employers and business owners through the continuation of the Wage Credit Scheme, the enhanced and extended Corporate Income Tax Rebate, and the Productivity Solutions Grant. This is why I view the budget as a strategic fiscal plan to meet the needs of Singapore and Singaporeans present and future. It is also the reason why I do not agree with Mr Pritam Singh's criticism of the Budget. If I heard correctly, Mr Singh mentioned that he is unable to support the GST hike at this point in time. I take that to mean that he is not closed to a GST hike but just not "at this point in time". I also take it that Mr Singh knows that we are not raising the GST now. Therefore, the real query for us to answer is this: why are we announcing now a hike that is to take place three years or more from today? The answer is stewardship, honesty and being upfront with the people we serve. These are the expenditures we must meet. One, healthcare for all Singaporeans, including those who helped to build Singapore, the budget for MOH has grown from $4 billion in 2010 to $10 billion this year, to "at least" $13 billion from 2020.”
“Three, stewardship, that is, making difficult national decisions today for the sake of a better future tomorrow. Four, freedom of religion. Five, education. There are more foundations, but, to me, these are among the most crucial. Therefore, what we need is a flexible fiscal policy anchored onto unshakeable foundations but without a single-minded fixation on theoretical purity. Dr Goh Keng Swee was known for being a practical economist, doing what works and not necessarily aiming for theoretical purity in economics. An example is in how he "envisioned an important role for the state-government promotion of public goods and externalities… through institutions [such] as the Economic Development Board (EDB) and the Jurong Town Corporation (JTC)" while being “for the most part… a believer in the efficacy of the markets and the private enterprise system.” This illustrates how we should not be afraid to try less popular policies and be free to think out of the box. Just as that economic policy was suited for its time, we, too, need an economic policy that speaks to our time ‒ not just our current needs but for our future together as well. This year's Budget is flexible. It is clinical in its approach to dealing with what Singapore needs in the future. In short, this years' Budget is ambidextrous, as I have said, a mix of left- and right-leaning policies. On the one hand, we have policies leaning towards the left. And, on the other hand, we have policies leaning towards the right. As regards the left, the increase in GST will be implemented in a way that tries to ease the extra burden on lower-income families ‒ the permanent GST Voucher scheme will be increased and offset packages will help families adjust to the increase.”
“Muller, the author of "The Mind and the Market: Capitalism in Western Thought", says it this way: "Inequality is an inevitable product of capitalist activity...Indeed, one of the most robust findings of contemporary social scientific inquiry is that as the gap between high-income and low-income families has increased, the educational and employment achievement gaps between the children of these families have increased even more." Hence, pure, unbridled capitalism has its problems ‒ that of extreme, entrenched income divides. Therefore, what we need in Singapore is to have a flexible fiscal policy. We cannot be rigid or be slaves to fiscal ideology just for ideology’s sake. And this is, in my view, what this Budget seeks to achieve. Financial analyst Ram Ramesh wrote in the Trinidad Express and he expresses it this way: "Labels, such as socialism and capitalism, are making men in power forget that their role is to administer the right medicine regardless of what label it carries… In these times, it is not the philosophical underpinnings that will guarantee [organisations'] survival but their own ability to adapt to the rapidly changing economic landscapes. Not adapting can cause them their very survival." In other words, when we are too inflexible, we are unable to respond to changing situations. When we are too concerned about avoiding a certain label or fitting into a particular mould, we tie ourselves to a deadweight and we lose. Therefore, what we need is a flexible approach – an economic policy for our time, for our future, and for the best for Singapore. An array of fiscal options should be on the table with one caveat – that our foundations do not change. What are these foundations? One, a strong military. Two, securing our water supply.”
“Sir, this year's Budget is flexible. It is clinical in its approach to dealing with what Singapore needs in the future. It is not bogged down with theoretical purity. It is relevant and bold. It provides assistance to those who need it most. It does not discourage prosperity nor does it discourage diligence. It allows Singapore to remain competitive. In short, this years’ Budget is ambidextrous – a mix of left- and right-leaning policies. It shows that we are not concerned as much about theoretical purity as we are about doing what is correct in each circumstance. Sir, unbridled capitalism, as well as extreme socialism, are to be avoided. Both have negative effects on populations. There are problems with either extremes in economic theories. From the now-dissolved Union of Soviet Socialist Republics (USSR), we can see that there is a problem with socialism in the form of Marxist Communism. Even in China, we see the need for exceptions to socialism in the form of free economic zones in Shenzhen and other designated cities and the Special Administrative Region in Hong Kong. Today, Shenzhen is known as the Silicon Delta. Hence, even socialism needs exceptions to survive. On the other extreme, we see the breakdowns of pure capitalism ‒ unbridled capitalism. According to David Korten, extreme capitalism has the same problems as that of extreme Marxist socialism. For example, economic power concentrates in unaccountable centralised institutions – the state, in the case of Marxism; and the transnational corporation, in the case of capitalism. The rich get richer, and the poor get poorer. This is because those who control wealth accumulate it at a faster rate than the economy can produce it. This trend continues, unless something disrupts the status quo.”
“" And here is the nub that the Court recognised, at paragraph 73 of the judgment, that "the correct scope of judicial review for this purpose in the context of the Order for Review of Detention (ORD) applications concerned with the detention under the CLTPA is a traditional test. What an applicant must show is that his detention is unlawful on the grounds of illegality, irrationality or procedural impropriety." Therefore, my conclusion, which is also evident in the first speech that I gave prior to the clarification, is that this inclusion of clause 3 only clarifies that the Court is not to substitute its own decision or look into the substantive merits of the decision. It does not change the judicial review ability of such an order.”
“Mr Speaker, a point of clarification. Ms Sylvia Lim had asked me what my view on clause 3 is. I think my view of clause 3 was clear in my speech. I said, since the last time the CLTPA was renewed, there has been a successful appeal on detention under the CLTPA. This case impacts our debate on the Bill for two reasons. One, it sheds light on the implications of clause 3 that says the Minister's decision is final. I have also said that newspapers have reported some concern raised over clause 3 of the Bill. However, this concern can be ameliorated as the clause does not change the law. The Bill supplement clearly says it is to "clarify" the law. Following Ms Sylvia Lim's clarification of me, I have studied the Dan Tan judgment and my position remains that just because clause 3 inserts subsection (2) to say that the Minister's decision is final, it does not change the law. And the Court of Appeal in Tan Seet Eng, at paragraph 91 of the judgment, it was recognised, and I quote, "there is a fine line between assessment of the merits of the decision that is an evaluation of fact and policy and the assessment of whether the principles of just administrative action had been met." At paragraph 97 of the judgment, it goes on to say, "In our judgment, while it is one thing to say that the Court must not substitute its view as to the way in which the discretion that is vested in the Minister should be exercised, it is quite another to say the Minister's exercise of discretion may not be scrutinised by the Court at all.”
“As this Bill continues to provide a necessary tool to maintain Singapore’s public safety, peace and good order, and the very fact that we need to deploy muscular laws to deter criminal syndicate activity on our shores and based on my own experience as a legal practitioner in the Government and in the private sector, I support this Bill.”