Desmond Lee
Singapore
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“The proposed definition will cover a host of other items, including balustrades, railings, fences, screens and lock or security mechanisms. Ms Joan Pereira asked if SPs, particularly the elderly and handicapped, could be empowered to seek assistance from Government agencies directly for matters relating to safety, security, hygiene and barrier-free access. There are already existing regulatory requirements on matters concerning building safety, environmental health and barrier-free accessibility. For such issues, MCSTs can always approach the relevant Government agencies for their assistance. If SPs and MCSTs still cannot see eye to eye, the Bill has set out procedures for the resolution of certain disputes, such as by going to STB. Mr Dennis Tan also asked about the definition of "common property" which is being amended by this Bill, and his concern about the possibility of engendering further disputes between MCs as well as SPs on what amounts to "common property" and whether they can proceed with their own renovations. Let me say that the aim of these amendments is to, in fact, clarify and to make clearer and more explicit the definition of "common property". So, I would agree, lawyer to lawyer, that the more definitions you put in has never dissuaded lawyers from helping to create more disputes. But always, we rely on the good sense of SPs and MCSTs to determine and dissolve the disputes amongst themselves and to resort to dispute resolution, including alternative resolutions, or to go to STB if these things stand in the way of a resolution. Mr Melvin Yong asked if MND had plans to help subsidise lift installations in old private apartments without lifts. There is no specific plan to do so.”
“The problem is that some MCSTs experience poor attendance. Raising the bar for the application of "half-hour" rule may pose practical difficulties for these MCSTs to proceed with their general meetings. This may be detrimental if there are critical decisions relating to safety or maintenance that need to be made. We are also mindful that any adjournment of the meetings will incur additional costs for the MCSTs. Having said that, it is open, of course, to MCSTs at the general meetings to decide, and members to decide, whether they wish to carry on after invoking this rule or to postpone it to another day, where more SPs can attend. Mr Yee Chia Hsiang also suggested putting on hold all decisions made at general meetings where the 30% quorum was not met. SPs would then have a 30-day period to challenge these decisions. The concern is that such a move might be counter-productive as it will open many decisions to review and essentially lengthen the process of decision-making. It could also lead to prolonged discord. All SPs have a stake in the management and maintenance of their developments. So, we hope that they make the effort to attend general meetings or at least appoint a proxy. This also addresses the query by Mr Melvin Yong on why AGMs can be allowed to commence without a quorum. It is about striking a practical balance. Mr Melvin Yong sought clarification on what constitutes "safety" in the context of "safety equipment" which SPs can install without the MCSTs' approval. This will depend on the purpose of the equipment. For example, grilles, when installed at a balcony, will be deemed safety equipment as they serve the purpose of preventing fall from heights. Er Dr Lee asked for the definition of "safety equipment" to be extended to cover other items.”
“So, the Commissioner will exercise his power sparingly and look at each fact or each circumstance and determine whether the health and safety of the SPs of the estate are, indeed, threatened before they invoke this measure. Miss Cheryl Chan asked about BCA's plans to address the issue of developments with insufficient members to form a functional MC. We recognise that some councils face challenges in identifying enough SPs to serve. That said, most MCSTs do not face this issue because SPs generally recognise that it is in their interests to be active in managing their estates' affairs. In cases where no one is willing to be nominated to form a council, SPs will be collectively responsible for the running of the estate. Alternatively, any SP can apply to STB for an order to appoint an MA to assist with the running of the estate. And the MA will report to the general body or general meeting. On a related note, Mr Melvin Yong asked if there was a need to specify the composition of the council. Our sense is that we should leave the composition and makeup of the council to individual MCSTs and the SPs. Any MCST council is made up of owners who wish to volunteer their time to make their estate a better place. Every SP who steps forward wishes to contribute in some way or other. If SPs are concerned about how representative their council is of the SPs in their estate, then they should be prepared to step forward, serve and be counted. Mr Yee Chia Hsiang suggested setting a more stringent requirement for the "half-hour rule" which allows general meetings to commence if there is no quorum by the appointed meeting time. While we appreciate the intention behind this suggestion, there is a practical issue, of course, to consider.”
“Mr Louis Ng also asked about the rationale for introducing new sections 126A and 126B, if motions can already be passed at general meetings to resolve disputes. Let me address these points raised. First, the 20% aggregate share value threshold is pegged to the existing threshold criteria for SPs to ask for an EOGM. Second, while the preference is for MCSTs to resolve their differences at general meetings, this is not always possible even if there is a quorum present. Hence, the new provisions empower the Commissioner to exercise the power to intervene, but only as a last resort. Third, the Commissioner may decide to appoint an OM if he deems that the disputes have resulted in a lack of maintenance and threatened the health or safety of people living in the development. For example, health concerns might result from the accumulation of refuse, if not cleared. Safety concerns could also arise from disrepair to buildings when maintenance has not been done. And now to address the concerns of both Mr Louis Ng and Mr Dennis Tan as to the way in which it was crafted, and the manner in which the Commissioner will exercise this power and when he will do so and invoke the power to introduce an OM. It is very important to bear in mind that, keeping with the self-regulating principle of BMSMA, we believe that the Commissioner should only intervene at the behest of SPs of the MCST and as the last resort. Furthermore, there are costs to be borne by the MCST if an OM is appointed. Hence, the decision should remain in the hands of the SPs. At the same time, we are mindful not to be drawn into disputes and to allow the Commissioner and OM to be used as tools to facilitate the resolutions of disputes between different factions of MCSTs or different factions of SPs.”
“In fact, this amendment takes a step forward in regularising and facilitating some of these activities that are already happening, and which help to foster within developments a sense of activity and for people to come together. Having said that, it is a good first step to ensure that there is some safeguard on the use and the extent of use of these funds, and it is up to the MC, together with the general meeting and the caucus of the general meeting, to agree on how the budget will be set. In keeping with the spirit of self-governance, we believe that MCSTs should decide how their common funds are used. Therefore, our proposal requires the general body to decide, as I said earlier, by way of passing an ordinary resolution at the AGM, if they wish to allow funds to be utilised for such activities. As an additional safeguard, MCSTs can also introduce caps on related expenditure to minimise overspending. Er Dr Lee suggested that the rental fees for the leasing of common property to commercial entities should be channelled into the MCST's management fund, by way of a special resolution. Let me clarify that the Act already requires income derived from the rental of common property to be deposited into the management fund. There are also existing provisions to seek approval from the general body prior to the renting out of common property. The specific level of approval needed depends on the duration of the lease. For instance, 90% resolution is required for the MCST to lease out common property for more than three years. Hence, there is no further need to authorise the MCST to do so by way of a special resolution. Mr Louis Ng and Mr Dennis Tan asked about the threshold for invoking the provisions to place an MCST under official management was derived.”
“She suggested taking the amendment a step further by making known the maintenance charge rates for the first three years as well as the estimated time and expenses involved for the first replacements of lifts, pumps and water tanks. The maximum rate proposed by developers would already reflect what SPs need to pay on average for the initial years. It may not be easy for the developers to provide accurate estimates of what it might cost to replace major equipment as replacement schedule would depend on several factors, including usage, maintenance and alternatives. But it is not that it cannot be done. These kinds of capital expenses are financed by sinking fund contributions. So, MCSTs should conduct annual budget reviews to ensure that their sinking funds are adequate for the expected replacements. Mr Gan Thiam Poh and Mr Melvin Yong spoke about placing a cap on the utilisation of management funds, while Mr Dennis Tan spoke about the fact that the practice of setting aside a budget or the expenditure by MCs, out of maintenance funds for social, educational, sporting as well as legal matters, is already quite common, and he felt that it will be an encumbrance to require general meetings and EOGMs to set the caps on these budgets, and for the MCs to go back to the general meeting to get approval. Maintenance charges, as the name goes, are intended for maintenance. There are, of course, MCSTs that would use some of this funding from time to time to organise events like festivals and celebrations which bring all the SPs together for bonding. But from time to time, we also hear cases where SPs complain why maintenance charges are being used for things other than maintenance.”
“The funds to be transferred are the balance of the maintenance charges which the developer has collected from SPs after handing over the keys to the units. The handover period from the developer to the MCST is typically about a year. So, accumulating a balance of three to six months will be quite a challenge. In fact, it would run right smack into the concerns raised by Miss Cheryl Chan and Mr Louis Ng, that there will be questions as to why after collecting fees meant to service a year's maintenance costs, you can have a three- to six-month balance to hand over. On Miss Cheryl Chan and Mr Louis Ng's queries, the Commissioner actually approves the maximum rate of the maintenance charge. I shared earlier that this approved rate will be reflected in the prescribed Option to Purchase, as well as the Sale and Purchase Agreement forms. This arrangement is the most flexible in meeting the needs of both developers and SPs. If the rates are found to be too high, developers have the option of revising the rate downwards without the need for the Commissioner's approval. If the charges are too low, developers have the flexibility of revising the rate upwards, but this comes with conditions. For example, the developer will need to obtain the consent of all purchasers and seek the Commissioner's approval again on the revised rate. To assess the validity of the developer's proposed revision, the Commissioner can ask for supporting documents like revised quotations from service providers and proof of purchasers' consent. After the MCSTs are formed, of course, SPs can review and revise the maintenance charges at any general meeting. Er Dr Lee Bee Wah also spoke about the amendment to make maintenance charges known upfront to purchasers.”
“Miss Cheryl Chan asked how the Commissioner assesses proposed maintenance charge rates to ensure that they are justifiable, considering that the facilities have yet to be built. While the Commissioner will have a broad sense of what comparable projects are charging, the onus is on developers to provide realistic estimates of the maintenance budget needed. Developers will need to take into account the costs for essential services like cleaning, security, utilities, insurances and maintenance of lifts and other common property. They should project these costs in relation to the development size, amenities provided, and the construction timeframe to factor in possible inflation. Developers can tap on their past experience in building and managing other properties to come up with reasonable estimates. Developers will also need to submit supporting documents like quotations from service providers and consultants' estimates to the Commissioner to substantiate their proposed rates. The Commissioner will review the documents and compare the proposed maintenance charges with those of developments of similar size and facilities in the same vicinity. The Commissioner may also require developers to submit additional information to justify the proposal. Mr Gan Thiam Poh suggested that developers should be required to transfer at least three to six months' worth of maintenance funds to the MCSTs, while Miss Cheryl Chan and Mr Louis Ng also asked related questions of what happens when the approved maintenance charges are subsequently found to be excessive or insufficient for the development, as the case may be. Let me first address Mr Gan's point.”
“MCSTs can also implement internal controls and procedures when selecting and appointing service providers. This could include requiring a minimum number of quotes to be solicited as part of the procurement procedure. To guide MCSTs, BCA's strata management guides, which I mentioned earlier, will highlight such good practices for reference. Miss Cheryl Chan suggested that we consider the need for MAs to comply with some basic service standards, staff qualifications and audits of procurement processes. Service standards can be subjective and they also tend to vary according to the needs and preferences of different MCSTs. Hence, our sense is that it is better for MCSTs to specify their expected service standards in their contractual agreements with the MAs instead. But we recognise the importance of having competent MAs. As I mentioned earlier, we are working with industry associations to implement a voluntary accreditation system with the aim of improving the level of competency and professionalism of MAs. The BCA Academy also offers courses covering the strata management framework and the relevant rules and regulations, and we encourage MAs to make use of these training opportunities. Er Dr Lee Bee Wah suggested that there should be an option for MCSTs to appoint MAs for shorter terms, shorter than three years. Let me clarify that it is already possible. The Act allows MAs to be appointed for terms of up to three years. So, MCSTs already have the option of varying the term of appointment. Of course, both parties would have to agree to the terms. In any case, the MA's performance must be reviewed at every AGM.”
“This scheme has a main MC for the entire development at the first tier, and subsidiary MC of the individual user groups at the second tier. The sub-MCs can then manage their own needs. For example, they can make their own by-laws and effect improvements to the limited common property which is for the exclusive use and enjoyment of that user group. Each sub-MC will also have a reserved seat in the main council to have a say where the common property is shared with the main MC. Ms Joan Pereira, Mr Gan Thiam Poh and Mr Yee Chia Hsing touched on the issue of conflict of interest, particularly in the appointment of service providers by MCST councils. Ms Joan Pereira noted that there have been instances where council members would bulldoze certain decisions through meetings for their own benefit, while Mr Gan Thiam Poh commented that all council members should be asked to disclose their interests. Mr Yee Chia Hsing emphasised the need for checks and balances to ensure that service providers are appointed on their own merits, rather than by affiliation to any council member. These are all important points about good governance. There are existing safeguards in the Act. Under sections 60 and 61, all council members are expected to act honestly and exercise reasonable diligence in the discharge of their duties. Where there is a potential conflict of interest, a council member must declare the nature of his interest. The council member must also recuse himself from the discussion and voting on the matter, if pecuniary interest is involved. MCSTs can also ensure that their contractual agreements with service providers contain expected levels of performance and/or service quality to facilitate greater transparency and tighter financial governance.”
“Sir, in my earlier speech, I mentioned that MND recognises that smaller MCSTs will face practical difficulties in getting sufficient people to fill each of the three offices, and so, we will make use of section 134 of the Act to exempt MCSTs with 10 or fewer lots from this requirement, provided they pass a resolution by consensus to permit the council members in question to hold more than one concurrent key office. And this should cover less than 5% of existing MCSTs. So, these are the small ones. Needless to say, in such situations, we will encourage these MCSTs to put in place the necessary governance measures catering to situations where some of these officeholders wear more than one hat, and possibly for prolonged durations of time. Assoc Prof Fatimah Lateef asked if there are more innovative ways to balance the needs of different stakeholders in mixed-use developments. She felt that the allocation of one seat for each user group on the council may be inadequate because it may not account for the proportion of share values held by each user group. The new amendments reserve a seat so that each user group is represented in the council. But Assoc Prof Fatimah is correct that it does not ensure that each user group is represented in the exact same proportion as their share value would hold. This would be, unfortunately, quite a prescriptive method to ensure that everyone has a "voice" in the council. And this is not to say that SPs of specific user groups cannot step forward in AGMs to make their views known clearly and directly. Developers are encouraged to design their mixed-use developments under a two-tier management corporation (MC) scheme.”
“Mr Speaker, Sir, I thank the Members for their comments. Let me address some of their questions. Sir, Miss Cheryl Chan asked if the revised proxy system is applicable for all decisions that need to be passed by the MCST. The answer is yes. The revised proxy system is applicable for all decisions made at any general meeting, and not just AGMs. Miss Chan also asked how to ensure that the tightened proxy system is not circumvented. She raised the possibility of a council forming subcommittees to approve and oversee certain projects, thereby making decisions without the general body's involvement. There is a natural check against this happening. While a council can establish subcommittees to oversee projects, the allocation of the overall annual budget is a decision that only the general body can take at the AGM. Ms Joan Pereira suggested restricting the number of terms for the Chairperson, Secretary and Treasurer. For clarity, the Treasurer has always been limited to two consecutive terms, given the financial nature of the post. This is not the case for the Chairperson and Secretary whose duties are more administrative. I agree that a regular renewal of council Members, especially the leadership positions, is ideal. But the reality is that many MCSTs face challenges in getting sufficient SPs to step forward. So, we need to find a balance between wanting to encourage participation and not creating a larger problem of MCSTs being unable to form a council. Let me also underline that any SP who wants to serve on a council has an opportunity to stand for election. This is because the Bill requires all council offices to be relinquished for re-election at every AGM. Mr Dennis Tan asked about the situation where there are small councils with two or three lots.”
“Sir, the Minister for Home Affairs will address this in his reply later.”
“Yes, the straw poll is indicative, and it is to allow feedback to be gathered early so that changes can be taken on board by the Working Committee and the project team before you finalise the package and put it before your residents. The results of the straw poll are not counted towards the actual poll.”
“But if you feel that you want to do away with the straw poll, please let the Working Committee reflect that to HDB.”
“Madam, as I have said, the timeframes vary differently. I believe, in the Member's ward, there are two projects that are proceeding. The one he talked about first – Blocks 309 to 312, 314, 317 to 319 – these have taken a bit longer after award of tender to the dictated date for polling because the Working Committee, including representatives from the Town Council, had some issues regarding, I am told, the electrical substations (ESS), either the location or they wanted the existing ones to be upgraded. And, as a result, a number of agencies have to be involved because this was something that they had to look into seriously. I am told that that has been resolved and that the poll will come soon. So, these are issues that have to be undertaken because of the request of the Working Committee. As for whether the rest of the work can proceed whilst these things are being ironed out, when it comes to ESSes and where they are located, sometimes the residents may have a view on it and they may be reflected either in the straw poll or feedback that you get or during the actual poll, they may actually reject what you are trying to do. ESSes are buildings that may perhaps hinder some people's activities or their view or their ventilation, and these things have to be part and parcel of the design in order for all residents to make an informed choice when they decide to cast their vote for or against HIP. So, that is the response. The other question is about straw polls. A straw poll, as I have said earlier, gives the Working Committee and the HDB project team a sense of what the residents' concerns are. As part of the poll, it gives you the indication as well, the Working Committee. It also allows feedback to be gathered.”
“Yes, the answer is yes, we are working closely with the relevant associations. We are looking at various measures which we are not ready to announce at this point in time. But, at its base, we encourage heavy vehicle owners and car rental companies to be very mindful of the people that they rent their vehicles out to. And car rental companies already are required to keep a register which will, again, allow them to filter threats.”
“Let me take the Member's questions in turn. On the first question, on the profile, I have said earlier that those whom we have identified as radicalised tend to be younger people below the age of 30 who look to the Internet for a lot of news and information. Beyond that, operationally, I would not want to comment further on the questions the Member has raised, but MHA is actively keeping a look-out for radicalised individuals in Singapore, whether local or foreign. In terms of sites, the Member asked whether we track or block sites. Again, it is an operational detail. But I would like to say that in terms of blocking of sites, we do so when it is practical. But it would not be as effective or practical as sensitising and inoculating people from the false information and ideologies that are being conveyed through social media, and there are active steps being taken by the Government, community groups and religious organisations to reach out to people, including young people, to better inoculate the community against such influences. As for bollards and other security measures that could reduce certain kinds of risk patterns, these are things that I have said earlier that MHA is actively working with the built environment agencies to look at.”
“In various responses and speeches made by my colleagues and I, we have talked about the threat of returning fighters from Syria and Iraq as they begin to lose ground there. So, that is one threat. But we also talked about the concern with regard to the south of the Philippines, with the ISIS' intention to set up a caliphate province. That being very close to Singapore and our region, certainly raises security concerns. So, MHA, together with other agencies, is actively looking at developments there and will make sure that the necessary security measures are in place.”
“I have addressed the Member's concern. We will look at all sensible measures that we need to put in place. But, again, we have to strike a balance. Let me give Members an example. Some people suggested we should do screening before crowds enter MRT stations or before they even enter an airport or a train station. And then, someone pointed out, if you do that, you need to harden the queue outside the security screening point. And then, how about outside that? I think we have to strike a balance and ensure that all layers, all stakeholders, take part. The Member's second question is about exercises in the community. The Member may be aware that we have revamped the Emergency Preparedness (EP) Day. EP Day now, as revamped, focuses a lot on counter-terrorism, making sure our residents living in Singapore and the heartlands are aware of what the nature of the risk is, helping to guide them on how to look out for suspicious behaviour and radicalised individuals and what to do, encouraging them to subscribe to the SGSecure app. More than half a million phones have now got the SGSecure app and we are pushing it further. So, it is 550,000 and going up. These revamped EP Days are one or two or three a month. So, we are actively pushing them out. But we are happy to work with stakeholders and with community partners who wish to join us in this joint fight against terrorism.”
“Madam, the Member's first question is about whether we should encourage building owners or require building owners to build linkages between buildings at the second or higher levels, to reduce the risk of pedestrians crossing at grade, therefore exposing the public to the risk of vehicular attacks. As I have said earlier, MHA is working with built environment agencies and relevant associations to look at what sensibly needs to be done to strengthen safety and security in Singapore. Members would know that our security layers are multi-pronged, both outside Singapore and our borders and within Singapore − the law enforcement and security forces' responses and capabilities, but also individuals' responsibility – being alert, being aware what to do. And being stakeholders in the community, building owners are also playing a part. When Members talk about risks at road crossings, I think if we put our mind to it, we can think of many, many other areas where we are soft targets. For example, if we cross an underground tunnel or overhead link, that, again, funnels crowds and gives rise to threats, maybe not vehicles, maybe knife threats. So, the question is, do we want to harden the whole country? Sometimes, we get suggestions that we should harden every area and screen at every possible place. We have to strike the right balance because, pushed to the extreme, without an attack even occurring, terrorists would have won, if life in Singapore and any other city freezes up because of all these measures. This will, of course, come with lots of concerns between communities about each other. So, it is not just the infrastructure causing inconvenience and frustration, but also the whole sense of fear, a climate of fear, with regard to terrorism.”
“I have spoken earlier in my response about the different things that agencies are doing to familiarise foreign workers before they even leave their home countries; when they arrive in Singapore, at different touchpoints in time, engaging RRG, MUIS and MOM to reach out to the foreign workers, talking to bosses of companies. But when we sensitise the broader foreign worker community in Singapore to Singapore's multi-racial and multi-religious fabric, and about the importance of integration, many of them begin to be familiar with what to look out for. It is our hope that these will provide those informal social networks that the Member talked about. They are like family to each other in their own way.”
“Madam, of the two latest radicalised foreign domestic workers, one of them is 25 years old. She is the youngest among the nine radicalised foreign domestic workers that we have detected so far. She wanted to travel, as I said, to Syria with a foreign boyfriend to join ISIS. She had worked in Singapore for two years. The other foreign domestic worker is 28 years old, single and had worked in Singapore for close to five years. Both of them came from different parts of Indonesia. They were detected a few months ago and both were repatriated after investigations were complete. Both are not known to have influenced their friends or contacts in Singapore. The Member has also asked a question about how support networks can be created for foreign workers who come to Singapore. During Ramadan, I visited a foreign dormitory, broke fast together with the management of the dormitory and the bosses of companies whose workers were housed in the dormitory. I had some time to talk to some of the workers. Some have been here for many, many years; some had just arrived. Those who had just arrived, I asked them, they said they had no friends yet but were actively trying to look out for people from their community back home. Some would find, perhaps, relatives, both close or distant, friends from the same city or village, but some are just meeting people for the first time from the place where they come from. So, our foreign workers coming here to Singapore will try to build their networks. When you speak to some of the older foreign workers, those who have been here for a longer time, they say, "I look out for my younger brother. If he is a new person, I will share with him." They are very conversant in English and are very familiar with our surroundings.”
“It can be as simple as a visit to a nearby place of worship of another religion to understand them, or sharing a meal with groups from other faiths. Third, the role of the individual in building stronger friendships with those of a different race or religion. We made this point when we talked about schools earlier. But it must go beyond the schools. We must make an active effort to make friends with our neighbours and co-workers, exchange greetings and celebrate our respective festivals together. We must safeguard and expand the common space where people from different races and religions can interact. These are the foundations of our social fabric which have brought us to where we are today and we must protect them at all cost.”
“Family members and friends are in the best position to notice signs of radicalisation. If an individual is spending excessive amounts of time on the Internet looking at suspicious, potentially radical material; or talks in praise of terrorist groups or about going overseas to take part in armed violence − family members and friends should alert the authorities immediately. This is a very difficult decision for any father, mother, brother or sister to make. However, this must be infinitely better than losing a son or daughter, brother or sister forever, to armed violence overseas or a suicide attack. Second, the role of religious leaders and community leaders in encouraging community integration. Religious and community leaders must step forward to play an active role, through their speech and their deeds. We were heartened to see that the National Council of Churches of Singapore (NCCS) had written a letter to MUIS, in support of our Muslim community − after the detention of Izzah, the radicalised female infant-care assistant, was announced. The letter was made public. NCCS recognised the contributions of the Muslim community to Singapore's progress and the strength of our multi-religious community. It made clear its position that the detention must not be used to stoke the flames of Islamophobia in Singapore. Every religious and community leader has a role to play, within their own communities. We strongly encourage religious leaders to emphasise multi-racial and multi-religious values in their teachings and the importance of the various communities in Singapore interacting, understanding and integrating with one another. Religious leaders can also take the initiative to organise activities with other religious groups.”
“Mdm Speaker, on the role of the community, we all know that SGSecure is our national movement to mobilise the community in our fight against terror. Mr Ang Wei Neng asked if the current initiatives are sufficient. Miss Cheng Li Hui and Mr Christopher de Souza asked if more can be done. Through SGSecure, public vigilance has increased. The Police have received many reports from members of the public on suspicious circumstances, from 999 calls and also via the SGSecure app. The public is paying closer attention to our surroundings and does not hesitate to make reports to the authorities. The public's response to incidents, such as the closures of Hougang and Woodleigh MRT stations in April 2017, was also encouraging. The large majority of Singaporeans understood the potential security threats and accepted the inconvenience caused as a result. MHA will continue to work towards strengthening community vigilance. However, SGSecure is not just about preventing a terrorist attack. More than that, it is about how we stand united as one Singapore, to help one another, after an attack. At the root of this is how we strengthen and safeguard our social fabric. MHA will continue to work with agencies like MCCY and the People's Association to implement community programmes. For example, MCCY is establishing the SGSecure Community Network to strengthen partnerships with religious and community organisations, to build greater mutual trust and understanding. The community plays a critical role in strengthening and safeguarding our social fabric. First, the role of family members in safeguarding against radicalisation. We have made this point previously and repeatedly, but it is critical. We talked about the risk of online radicalisation among our youths earlier in the reply.”
“After the arrest of the radicalised Bangladeshi nationals last year, we prepared an advisory for foreign workers. We advised them to be alert, watch out for signs of radicalisation among their co-workers and to report any possible radicalisation to the authorities. We will do more, to sensitise our foreign workers to Singapore's multi-religious social values. This will take place throughout their time working in Singapore. Upon arrival in Singapore, all foreign workers are required to visit the MOM Services Centre. The Education Gallery in the Centre will display messages that reinforce the dangers of radical ideologies, the need to be vigilant and to report any suspicious activities or radicalised workers. FDWs will be required to go through a Settling-In Programme. They will be sensitised to the threat of radicalisation and made aware that any form of radicalisation will not be condoned in Singapore. In their dormitories, foreign workers will be regularly engaged by agencies, such as MOM, the Islamic Religious Council of Singapore (MUIS) and the Religious Rehabilitation Group (RRG). They will be advised to call the RRG hotline should they require any advice − for themselves or with regard to someone they know. MUIS is also looking to better manage the religious needs of Muslim foreign workers in Singapore. Foreigners are encouraged to seek religious advice only from ARS-accredited asatizah. They can attend religious classes at our mosques and will continue to be welcomed and included in activities in the mosques and the broader community. This will strengthen their understanding and appreciation of Singapore's multi-religious social values and norms.”
“MHA conducts workshops for teachers and counsellors to sensitise them to the heightened threat environment, as well as increase their understanding of terrorist ideologies and tell-tale signs of radicalisation. They play an important role in identifying students or co-workers who may be radicalised. Even as we put in all these measures, the responsibility of inoculating our young from radical, extremist influences cannot be left to schools alone. Family members, friends, colleagues, religious leaders and community leaders play an important role. I will come back to this later in my reply. Mr Christopher de Souza asked for an update on the threat by radicalised foreigners in Singapore. In 2015 and 2016, some 40 Bangladeshi nationals in Singapore were found to have been radicalised. They supported the use of violence to pursue their extremist ideology. We repatriated all of them to Bangladesh, except for six who are currently serving prison sentences in Singapore for terrorism financing offences. Since 2015, we have also uncovered nine cases of radicalised foreign domestic workers (FDWs). We updated the House on seven cases in January this year. Since then, another two more have been detected. Similar to the earlier cases, both of them were ISIS supporters, radicalised through social media. One of them intended to travel to Syria with her foreign boyfriend to join ISIS. None of the nine had plans to carry out acts of violence in Singapore. But we cannot condone support for any radical ideologies in Singapore − whether by locals or foreigners. All nine of them have been repatriated to their home countries. MHA has worked closely with MOM to address the threat of radicalised foreigner workers.”
“The Minister for Home Affairs has spoken at length on various occasions about this. Today, I will speak on two specific groups which Miss Cheng Li Hui and Mr Christopher de Souza asked about: (a) students and school staff; and (b) foreigners. Most of the Singaporeans who have been radicalised were younger than 30. Some were in their teens. They were mainly self-radicalised online. This is not surprising. Our youths consume a lot of information from the Internet and social media. Radical preachers and terrorist groups know this. They exploit these media to spread their radical ideologies and terrorist propaganda. Our youth spend a significant proportion of their time in schools and educational institutions. Schools are, therefore, key platforms for us to counter these dangerous influences. We approach this from multiple aspects. First, the school curriculum. Through Social Studies and Character & Citizenship Education lessons, MOE inculcates in our students values of living harmoniously in Singapore's multi-racial and multi-religious society. MHA has also worked with MOE to incorporate counter-terrorism messages into the Secondary school curriculum. Second, the school environment. Our schools provide a supportive environment for our students to build strong, positive relationships with their peers and teachers from different races and religions. These social bonds are the strongest counter against any exclusivist or extremist mindset. Teachers and counsellors also look out for students who display anti-social behaviour. We do our best to intervene and provide guidance early to prevent such behaviour from spiralling into more dangerous forms of extremism.”
“We will have to strike a balance between enhancing security which is very important, on the one hand, and the possibility of disrupting day-to-day activities through the imposition of curbs and restrictions, which will inconvenience users, on the other hand. These security measures will also come at a significant cost to taxpayers. The Government will need to make a practical assessment about the type and extent of measures we put in place to enhance security for Singaporeans. These measures will complement the laws and stakeholder engagement processes that we already have or will be implementing in the coming months. We amended the Public Order Act in April this year. Organisers of events that attract large crowds, or are of higher risk, are required to put necessary security measures in place. We will introduce a new Infrastructure Protection Act later this year − to better protect critical infrastructure and large-scale developments. We will continue to work with public and private sector stakeholders to enhance the security of buildings and public spaces. An updated version of the Guidelines for Enhancing Building Security in Singapore will be released later this year. Specific to schools, as Miss Cheng Li Hui had asked, MHA works closely with MOE. We keep MOE informed of the overall security threat climate and risks. Based on this, MOE works with us to review and calibrate the security measures for schools. It is important to put in place laws and other security measures to prevent an attack. But this is not sufficient. I now want to focus on the second threat of radicalisation and extremism which is the threat to our social fabric. This is less apparent than any immediate loss of life, but can be greatly damaging to our nation as a whole.”
“Thank you, Madam. I also note that Mr Zaqy Mohamad had asked a related Parliamentary Question (PQ) scheduled for this range of Sittings. Madam, the recent spate of terrorist attacks in the UK is yet another grim reminder of the serious threats of radicalisation and extremism. First, the threat to innocent lives. Let us be quite clear. Whether it is an attack by a radicalised Muslim individual, or an attack by an extremist Islamophobe − which happened in London a few weeks ago − all these are terror attacks which have no place in our society or any society. They must be firmly condemned. As seen in the UK, terror attacks can take place anywhere, anytime. How do we completely guard against someone who decides to drive a car into a crowded public area? Or someone who goes on a stabbing rampage with a kitchen knife? These are very difficult security challenges, which we and our counterparts around the world take very seriously. Mr Ang Wei Neng and Mr Zaqy Mohamad asked about this. MHA, together with several other agencies, is reviewing existing security measures in public spaces, in particular, against hostile vehicle attacks. Possible new measures include putting up bollards or security barriers. In evaluating the various options, we will take into account several factors, including: (a) function, in short, how effective will the measures be in addressing the threat; (b) form, how the measures will fit into the surroundings and be part of the surroundings; and (c) impact on users, will the measures significantly restrict day-to-day usage of the space. We could try and fortify the entire city. But this is not a sensible or practical approach.”
“This ensures that the offences under the Bill which are very serious are brought to the personal attention of the Public Prosecutor before charges are even filed. This is a consistent approach for other terrorism-related offences, such as those in the Terrorism (Suppression of Bombings) Act. Mr Louis Ng also had questions on the extraterritorial jurisdiction of offences under this Bill. I had spoken about this in the opening speech. The scope of extraterritorial jurisdiction in the Bill is similar to that in other terrorism-related offences, again, such as the Terrorism (Suppression of Bombings) Act and others. Mdm Speaker, ratifying the Convention is an important step towards strengthening the fight against nuclear terrorism, both locally and internationally. There are no immediate threats, but we take the possibility seriously. It is timely that we put in place the necessary legal framework now and join the international community to combat terrorism in all its forms, including nuclear terrorism. [(proc text) Question put, and agreed to. (proc text)] [(proc text) Bill accordingly read a Second time and committed to a Committee of the whole House. (proc text)] [(proc text) The House immediately resolved itself into a Committee on the Bill. – [Mr Desmond Lee.] (proc text)] [(proc text) Bill considered in Committee; reported without amendment; read a Third time and passed. (proc text)]”
“SCDF trains members of the public on how to conduct IPP as part of its Community Emergency Preparedness Programme (CEPP). Participants will be briefed on the IPP procedures and have a hands-on session where they can practise on training simulators. IPP procedures are also included in the Civil Defence (CD) Emergency Handbook which is available for download on SCDF's website. Should any member of the public come across any suspected illegal possession or use of radioactive material, or any attempts to make any radiological device, he should inform the Police immediately. Mr Louis Ng suggested expanding the offences in the Bill to include other activities. As I have said earlier, the objective of the Bill is to ratify the Convention. The acts that are criminalised in the Bill, therefore, follow those set out in the Convention. For the two acts referred to by Mr Louis Ng, these are covered under existing legislation. For example, the Member mentioned the scenario where a person may seek to gain access to material not by force but by unlawfully inducing others through the promise of reward or gratification. Depending on the actual circumstances, this could be an offence under the Prevention of Corruption Act, among other offences. Similarly, the possession or manufacture of any radioactive material without a licence, regardless of intent, is an offence under RPA. We will continue to monitor the types of terrorist attacks or activities carried out and consider in future if there is a need to further amend the laws. Asst Prof Mahdev Mohan asked why we require the Public Prosecutor's fiat before prosecution of offences under this Bill.”
“We would like to assure the Member that there are also interagency committees looking at the biological and chemical threats posed to Singapore, with similar structures and processes to continually review the protective security requirements for facilities that may contain such materials and our measures to deal with such threats. Second, our agencies have developed capabilities and processes to deal with possible threat scenarios, such as the detonation of a radiological dispersive device. Should such an incident occur, MHA will coordinate a whole-of-Government response. SCDF will render assistance to casualties and contain the radioactive material, and will be assisted by agencies, such as the Singapore Armed Forces (SAF), where necessary. NEA will provide technical advice to the response agencies to help mitigate the harm from the radioactive materials. The Police will take the lead in investigating these terrorism acts to find the perpetrators and take them to task. The Police will work closely with other agencies where necessary. Third, beyond the efforts from our agencies, Singaporeans will need to be prepared for an attack which uses radioactive material. When hazardous materials, such as radioactive substances, are released into the environment, the authorities may have to evacuate people from the affected areas. Members of public may also be directed to initiate In-Place-Protection (IPP) at their homes or workplaces to reduce the risk of inhaling radioactive particles. This may include, for example, closing and sealing off gaps around all doors, windows and openings, and switching off all ventilation and air-con units that draw in air from the outside, until such time as the threat has dissipated.”
“Any radioactive material detected is verified against the permits, and must comply with permit conditions. Second, we will be cooperating with IAEA and other regional State Parties, and Asst Prof Mahdev Mohan asked about this. Singapore is a participating State of the IAEA's Incident and Trafficking Database (ITDB). ITDB is an international platform for IAEA and participating States to share information as well as intelligence, to combat illicit nuclear trafficking and strengthen nuclear security. Thus far, we have not detected any breaches involving radioactive material in Singapore. Singapore and other Southeast Asian countries are also strengthening cooperation on nuclear issues through the ASEAN Network of Regulatory Bodies on Atomic Energy (ASEANTOM). ASEANTOM is working closely with IAEA to support the establishment of a regional environmental radioactivity database and an emergency preparedness and response framework. Assoc Prof Fatimah Lateef asked what measures we have in place to prepare for and deal with an attack. First, we have established an interagency committee to oversee nuclear safety and security in Singapore. The committee continually assesses the threat of nuclear terrorism in Singapore. Agencies validate existing plans and identify gaps through plan reviews and exercises. Interagency working groups undertake capability development to address the gaps and ensure agencies build up the necessary operational capabilities, facilities and measures to deal with these threats. Mr Louis Ng mentioned the threat from other types of materials, such as biological and chemical materials.”
“We also have to bear in mind that we are operating in a framework of various criminal legislation, such as the Radioactive Protection Act, which includes clauses, such as in Part VIIIA of the Radiation Protection Act (RPA) that relates also to the misuse of nuclear material. We also have the Penal Code and other legislation, basically those that pertain to terrorist acts, such as the Terrorism (Suppression of Bombings) Act and Terrorism (Suppression of Financing) Act. Altogether, the framework of laws provides an umbrella of legislation to counter and deal with acts of terrorism, whether they are in the preparatory stage, advanced in the operations or even the actual act. Bearing in mind the threat assessment that I have spoken about earlier and, having done all of this, we are now ready to table this Bill, ratify the Convention, and put in place the remaining pieces essential to protect Singapore against such threats. Assoc Prof Fatimah Lateef asked what measures are in place to prevent a nuclear terrorist attack in Singapore. First, we have a strict regulatory regime in place to make it hard for radioactive material in Singapore to end up in the wrong hands. All local entities that possess or deal in radioactive material are licensed by NEA. These activities are regulated under the Radiation Protection Act and its subsidiary regulations, which take reference from the IAEA guidelines. NEA has also worked with the security agencies to tighten security measures at radioactive material storage sites. On the import of radioactive material, valid permits are required for all cargo entering our port checkpoints. If necessary, the cargo will be subject to x-ray screening and radioactivity checks.”
“Mdm Speaker, I thank the three speakers for supporting the Bill. A nuclear or radioactive explosion will claim many lives or severe damage to property. Nuclear or radioactive contamination will have serious health and environmental consequences. The affected areas would require extensive cleaning up before they are safe to live in. Singapore's ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism will allow us to join the international community in the fight against nuclear terrorism and strengthen our ability to prevent, detect and deter a nuclear terrorist attack. Madam, the risk of a terrorist attack in Singapore involving the use of radioactive material is, as I said in my opening speech, low. However, we cannot rule out the possibility of such a terrorist attack. Over the years, we have been preparing and developing capabilities to deal with such risks. Asst Prof Mahdev Mohan asked what reasons prompted us to seek ratification now. After signing on to the Convention in 2006, we conducted detailed studies of the capabilities required to meet the Convention's requirements. Since then, agencies, such as the National Environment Agency (NEA) and Singapore Civil Defence Force (SCDF) have developed the necessary operational capabilities to deal with the illicit use of nuclear and radioactive materials in Singapore. The Ministry of Home Affairs (MHA) and NEA have also been working together to tighten the security measures at the premises of licensees that are storing higher risk radioactive materials. In 2014, we acceded to the Convention on the Physical Protection of Nuclear Material (CPPNM) and accepted its 2005 Amendment, which includes obligations to ensure the physical protection of nuclear materials and facilities.”
“Mr Deputy Speaker, may I seek your consent and the general assent of Members present to move, "That the proceedings on the item under discussion be exempted from the provisions of Standing Order No 48(8) to remove the time limit in respect of the speech by the Minister for Home Affairs."”
“Madam, the planning guideline is to provide toilets at about 2.5-kilometre radius from any point along the PCN. There will be signs to direct users to the nearest available toilets located at places such as nearby parks, food centres and shopping malls. At areas where such facilities are not available, NParks will study the feasibility of building toilets. For regional parks that are meant to serve park users beyond the immediate vicinity, the planning parameter is to provide toilets at every 500-metre to one-kilometre intervals depending on other factors, such as terrain, availability of space, proximity to sewer lines and so on. For public parks where spaces are available and where there can be cost-effective connections to existing sewer lines, NParks will study the feasibility of providing toilets.”
“Madam, over the next five years, NParks plans to build more new toilets across the Park Connector Network (PCN). As the network is extensive, these toilets will be built at selected locations that are conveniently located where they can best serve park users and the local community.”
“Madam, I have responded to the Member some time ago when we discussed the process for the Cross-Island Line study. It is the case that for these environmental impact assessments and, in this case, the environmental baseline study, the findings will be made public, unless there are specific considerations that require otherwise.”
“First, with regard to the environmental baseline study, we expect it to be completed by the first half of 2017. Second, we are conducting an environmental baseline study because Tengah is made up of young secondary forests, scrubland, abandoned sundry cultivation like kampongs, farms and orchards, and old brickworks that were demolished in 2008. It was then used as a military training ground. Hence, we are conducting an environmental baseline study, together with other studies, as I have earlier mentioned. HDB is consulting various stakeholders, which include nature and animal welfare groups.”
“Madam, Tengah is slated for new town development. As part of responsible development, HDB is conducting an environmental baseline study so as to better understand the existing topography, hydrology, flora and existing wildlife in the area. We will share the key findings of the study with the public in due course. One key feature which HDB has planned is the Forest Corridor which is approximately 100 metres wide and 5 kilometres long and will serve as a wildlife connector between the Western Water Catchment Area and the Central Catchment Nature Reserve. The plan is also to replace the concrete canal with a naturalised stream and water body. NParks will separately study how to retain the existing greenery within the Forest Corridor, as well as to enhance it by introducing more native forest species. Over time, this Forest Corridor is envisioned to be a lush habitat supporting the rich biodiversity. HDB will put in place wildlife management strategies, which will include shepherding wildlife to the adjacent forest areas that will not be developed in the short term. This is to minimise potential impact on wildlife within the development sites when works are in progress.”
“Madam, as set out in the reply yesterday, there are many causes for popping tiles. Most developers would give a one-year Defects Liability Period (DLP), while others may give more, for example, three years of DLP, on a goodwill basis. HDB's practice goes way beyond that, to 15 years. We do so for all such cases that are surfaced to our attention within the 15-year period, without us necessarily looking at the cost of it. As for the Member's suggestion, we take note of it.”
“For the blocks in question, because they were built more than 15 years ago, HDB does not keep track of the data.”
“Mdm Speaker, a question in almost identical terms was asked yesterday and a response was issued in written form. I would point Members to that. I would be happy to take supplementary questions.”
“The threats have so far been under control, but it lurks in many dark corners of cyberspace. We, therefore, need to put in place a robust legislative framework with safeguards, but also with the necessary enforcement levers as part of a comprehensive cybercrime and cybersecurity strategy, to ensure that our computers, systems and data are better protected. [(proc text) Question put, and agreed to. (proc text)] [(proc text) Bill accordingly read a Second time and committed to a Committee of the whole House. (proc text)] [(proc text) The House immediately resolved itself into a Committee on the Bill. – [Mr Desmond Lee.] (proc text)] [(proc text) Bill considered in Committee; reported without amendment; read a Third time and passed. (proc text)]”
“We have also set up Cybercrime Response Teams in every Police Land Divisions. The teams augment the manpower available to respond to cybercrime reports by assisting investigation officers in responding to cybercrime reports through collecting and processing digital evidence. We have also been working closely with industry and IHLs. For example, Temasek Polytechnic and MHA are developing a TALENT Lab, which will be used to train students from IHLs in cybercrime investigations and forensic skills. The Lab will be officially opened later this year. We have also continued to strengthen our international partnerships. Last year, MHA, the Attorney-General's Chambers and CSA organised the first Association of Southeast Asian Nations (ASEAN) Cybercrime Prosecutors' Roundtable Meeting. This event brought together ASEAN cybercrime prosecutors to share their experiences in addressing cybercrime cases and build networks among the prosecutors. These efforts to fight cybercrime have started to show encouraging results. Notably, the number of reports of cheating cases involving e-commerce, which forms about half of all online scam cases, decreased by 6% last year, from 2,239 cases in 2015 to 2,105 cases in 2016. However, these cases, along with scams, like Internet love scams and officials impersonation scams, still remain a significant crime concern. We will continue to monitor the cybercrime situation and calibrate our outreach programme and enforcement efforts accordingly. MHA will continue its efforts under NCAP, in partnership with industry, IHLs, the public and law enforcement agencies, so that we can, collectively, create a safe and secure online environment. Mdm Speaker, the amendments to CMCA help strengthen our response to cybercrime.”
“Ms Joan Pereira also asked how we would encourage companies to step forward and report cybercrimes. With greater awareness, the private sector is better able to help the Police to detect cybercrimes. This year, Police established a public-private industry platform to foster closer collaboration with software companies, telcos and banks on cybercrime detection and prevention. The Police also regularly reach out to smaller businesses as well to share information on cybercrimes and cybercrime prevention. Mr Desmond Choo asked how we would educate the general public on the provisions of this Bill. Our public cybercrime outreach programmes are principally focused on how to prevent members of the public from falling victim to cybercrimes, but most members of the public would not use hacking tools or transmit hacked personal information. But we agree that there is a need to reach out to the cybersecurity industry as well as to students. MHA has worked with organisations, such as the Singapore Infocomm Technology Federation (SiTF), to publicise information about the new provisions. We will continue to work with CSA on outreach efforts. We have also stepped up enforcement actions against cybercrime. Last year, the Police conducted five island-wide enforcement operations targeting scams. More than 300 people were arrested in connection with scam cases, involving about $1.8 million in total. Mr Desmond Choo asked what steps the Home Team will be taking to ensure that it has sufficient expertise to handle the increase in cybercrimes. We have been building up new capabilities in the fight against cybercrime. I had spoken earlier about the role of the Police Cybercrime Command in coordinating an effective response to cybercrime.”
“This is another reason why the provisions have to be scoped, so as to ensure that Police resources are not over-committed to pursue crimes that have limited or no impact on Singapore. For the cases that are investigated, the Police will work closely with overseas counterparts to provide and share evidence of such cases, with a view to prosecuting the criminals in Singapore. Mr Murali Pillai and Asst Prof Mahdev Mohan both asked if we will make CMCA offences extraditable under the Extradition Act. MHA is working with the Ministry of Law (MinLaw) to specify offences under CMCA as extradition offences. Mr Louis Ng, Mr Desmond Choo and Ms Joan Pereira gave various suggestions on how to deal with cybercrime, and I thank them for that. Last year, MHA launched NCAP, which I referred to in my opening statement. NCAP sets out the Government's key principles and priorities in combating cybercrime, and amending CMCA is one of the key initiatives of NCAP. Under NCAP, we have also enhanced public education and outreach efforts. As Mr Desmond Choo said, the public can play a role in combating cybercrimes by being more vigilant in cyberspace. Mr Louis Ng and Ms Joan Pereira spoke about outreach efforts for vulnerable groups, such as young students and the elderly. The Police work closely with schools and organisations, such as the Media Literacy Council, to raise awareness of cybercrimes among these vulnerable groups. The Police have also been using existing senior citizen engagement platforms, such as IMDA's Silver IT Fest, to raise the cybercrime awareness of senior citizens. I thank Members for their suggestions to further enhance our outreach efforts to the various vulnerable groups.”