Desmond Tan
Singapore
“Here, I would like to thank MOM and our tripartite partners for their attention to maintaining workplace fairness, particularly their focus on seniors.”
“And he went on to say that, "as unionists of unions affiliated with NTUC Singapore, we have never flinched from raising our concerns and advocating for our members' rights for better wages and for better work prospects and welfare.”
“As shared by Mr Lee Kuan Yew at a mass rally in Geylang Serai in 1959 and, thereafter, repeated at the NTUC’s 50th Anniversary Dinner in 2011, and I quote, “In Government, I have never forgotten that it is in the interests of workers and their unions that we must strive for growth and development.”
“Mr Speaker, we have not detected an uptick in unlicensed moneylending, or UML, cases since October 2021. Between October and December 2021, there were 917 cases of UML and UML-related harassment cases reported. This was an 8% decrease, compared to the same period in 2020. The Police take a tough stance against UML activities.”
“There are approximately 13,000 households who have electricity accounts in arrears and 150,000 households who have water bills in arrears. Of these 150,000 households, about 1,200 have arrears of at least $250.”
“I thank the Member for the suggestion. Indeed, the Police do monitor the current trends, but I would like to, first of all, say that we think the current situation of unlicensed moneylenders is under control.”
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“For example, in 2021, SPF’s collaboration with law enforcement agencies, such as the Royal Malaysia Police, as well as Hong Kong, led to the takedown of 16 scam syndicates and the arrest of around 230 persons. Coming back to the OCBC phishing scams, Dr Tan Wu Meng, Mr Sitoh Yih Pin and Mr Dennis Tan asked for an update on the ongoing investigations into the OCBC phishing scam. As at 13 February, SPF has frozen 121 local bank accounts and recovered about $2 million. In addition, about $2.2 million of victims’ funds have been traced to 89 overseas bank accounts. Based on SPF’s preliminary investigations, at least 107 local and 171 overseas IP addresses were linked to the unauthorised access of the victims’ Internet banking accounts. Many of the scam websites used in the phishing scam were hosted by web hosting companies that are based overseas. SPF has commenced investigations into the local IP addresses linked to the scam and the owners of the local money mule accounts. SPF is now also working with INTERPOL and foreign law enforcement agencies to investigate the beneficiaries of the funds transferred overseas and the hosts of the scam websites. As investigations are right now ongoing, we are not able to divulge any more information at this moment. The OCBC phishing scam cases occurred amidst a rise in the number of scams reported in Singapore, which Mr Ang Wei Neng, Dr Tan Wu Meng and Miss Cheng Li Hui asked about. In 2021, 23,931 cases of scams were reported, of which 5,020 were phishing scam cases. This is more than a fourfold increase from the 5,147 cases of scams reported in 2017, of which only 16 were phishing scam cases.”
“Mr Speaker, Minister Lawrence Wong and Minister Josephine Teo have given an update on the measures to secure banking and communications channels from phishing scams. I chair the Inter-Ministry Committee on Scams, or IMCS in short, which was set up in April 2020. The IMCS brings together Government agencies, such as MHA, SPF, MCI, MAS and MTI, and also works with private sector partners, such as the Association of Banks in Singapore, or ABS, to coordinate efforts to combat all scam types. These include phishing scams, job scams, loan scams, just to name a few, as well as e-commerce scams. IMCS focuses its efforts to coordinate across agencies to review the scam types and trends, as well as to propose countermeasures. It also enhances enforcement and responses to these scams. Thirdly, IMCS strengthens public education and vigilance against scams. My Statement will focus on two aspects of our anti-scam strategy: enforcement and education. The main challenge in enforcement is that the vast majority of scams are perpetrated by syndicates that are based overseas. Such cases are difficult to investigate and prosecute for three reasons. Firstly, our ability to solve these cases depends on the level of cooperation from overseas law enforcement agencies, as well as their ability to track down scammers in their own jurisdictions. Second, these scammers are typically part of an organised criminal syndicate. They run sophisticated transnational operations which are not easy to detect or dismantle. The syndicates are well-resourced and adept at using technology to cover their tracks. Thirdly, when monies have already been transferred out of Singapore, recovery is very difficult. SPF works closely with our overseas counterparts to exchange information and conduct joint operations.”
“I thank the Member for the question. The Police deploy their forces based on the nature and the scale of the incident. Different units will be activated and deployed for different purposes depending on the situation for each case. We generally do not disclose the kind of units and any other details that are related to the operation.”
“On 13 October 2021, the Police responded to a call for assistance at the Jalan Tukang Westlite Dormitory. The information was that a group of workers were behaving aggressively, with potential for violence. Patrol officers from Jurong Police Division were dispatched to the dormitory. Officers from MOM were already engaging the workers. The officers from Jurong Police Division together with the dormitory staff and officers from MOM managed to resolve the situation. While the Jurong Police Officers were engaged, they also assessed that it was necessary to have other Police units on standby, in the event the situation became violent. And additional units were placed on standby. However, these additional units were not needed to be deployed. No arrests were made by the Police during the incident. The Police do not track the number of times that its contingency forces have been activated to respond to public order incidents. Such activations may take place in a variety of situations, including management of large crowds that may turn disorderly, protests or riots. As a reply to Ms He Ting Ru’s question on previous deployments to active situations in the last five years, officers from the Special Operations Command (SOC) were activated in response to public order incidents on two occasions: at the Singapore Boys' Home in September 2016 and September 2018.”
“Mr Speaker, may I have your permission to answer Question Nos 40 and 41 together, please.”
“We can all start by acknowledging our security officers by their names today, when we see them in our residences or at our workplaces and thanking them for doing what they do. Madam, I beg to move. [(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 Tan]. (proc text)] [(proc text) Bill considered in Committee; reported without amendment; read a Third time and passed. (proc text)]”
“As affirmed by Mr Thomas, there is a high bar for admission into SCAP. The SPF Centre for Protective Security guides the SCAP Board in administering these admission assessments to ensure that all accredited consultants have sufficient level of experience and competency in security consultancy work. MHA and SPF will continue to work closely with the security associations to maintain oversight of standards in the security consultancy industry. Ms Mariam Jaafar had other queries on how to encourage the industry to go for accreditation and what will be done to educate service buyers to fairly assess security service providers who have accredited security consultants. We will be doing this through outcome-based contracting, where industry partners need to advocate that the use of technology and job redesign is to improve the overall effectiveness and professionalism of the security sector. In gist, the Ministry is empowering the industry to take charge in developing security consultancy as a professional discipline. Mdm Deputy Speaker, the Bill is an important piece of legislation that will provide much needed protection for our security officers and update the regulatory regime for security services in the face of an evolving security industry. I would like to thank the security industry associations, the Union of Security Employees and Government agencies for working with us closely on this Bill and the Security ITM initiatives to professionalise and transform the private security industry. Once again, I thank Members for their overwhelming support for this Bill. Our security officers play an important role in keeping us safe and our premises secured. They deserve not just protection from harassment, alarm and distress. They deserve our respect.”
“There is no need to set up a new unit under the Police Licensing and Regulatory Department to manage complaints on misconduct of security officers, as suggested by Mr Ang, at this moment. Members of the public can continue to lodge such reports with the Police directly. Mr Ang and Mr Fahmi asked what will be done to ensure that security officers and members of the public are aware of the new legislative amendments. In coming up with the Bill, the Ministry has consulted and worked closely with the industry and union on public campaigns to reinforce the anti-abuse message and we will continue to amplify this message. Last, I echo the point made by Ms Sylvia Lim, Mr Desmond Choo, Ms Joan Pereira, Mr Yip, Mr Thomas, Mr Abdul Samad and all the other Members that we, as members of the public, should equally play our part in exercising patience and respecting our security officers who are simply doing their jobs in keeping Singapore safe and secure. Finally, I will address questions relating to the changes to the regulatory regime for security services. Ms Mariam Jaafar raised potential concerns about industry-led accreditation for security consultants. To clarify, we are removing persons who only provide security consultancy services from regulation under the PSIA. Persons who provide any other services that fall under Section 18 of the PSIA would still have to be licensed. Since the launch of the industry-led Security Consultants Accreditation Programme (SCAP), the SCAP Board developed a code of ethics to guide the way security consultants interact with clients, and a Continuous Professional Development framework that consists courses in areas such as OBC and contingency planning, to ensure that accredited security consultants have the updated competencies required.”
“On Mr David and Mr Raj Joshua Thomas' suggestions for rest areas for security officers, we are unable to mandate minimum rest areas due to the practical infrastructure constraints of certain premises, but we have encouraged buyers of outsourced services to set up proper rest areas for outsourced workers at their premises through the Workcare Grant. MHA and our tripartite partners will continue to monitor the ground situation to ensure that our security officers' welfare is not neglected, and will not hesitate to intervene where necessary. On Mr Fahmi's further query on the adoption of outcome-based contracting (OBC) to make security officers' work safer and more effective, MHA had shared in our response to a Parliamentary Question in July that the Government has already taken the lead in the adoption of OBC. MHA will continue to work closely with industry partners in the engagement and training of buyers on OBC, to push for OBC adoption in both the public as well as the private sectors. Dr Wan Rizal and Mr Yong asked about protocols or whistle-blowing channels for security officers to report incidents of abuse or harassment. There are a few ways to do so. One, affected personnel can report all legitimate cases of abuse and harassment to the Police. Two, a one-stop email helpline launched by the Security Industry Council, where cases would be attended to by the Union of Security Employees (USE). As Mr Abdul Samad shared, affected officers can also approach the USE Mediation Centre directly for help. And soon, as also mentioned by Mr Desmond Choo, Mr Thomas and Mr Abdul Samad, through a new mobile application by USE.”
“Real median monthly gross wages for security officers grew cumulatively by 36% from 2014 to 2019, outstripping the 21% growth for workers in general. Ms Sylvia Lim, Mr Yip Hon Weng, Mr Darryl David and Dr Wan Rizal also asked about skills upgrading and training for our security officers. It is indeed an important area. And on this area, tripartite partners have introduced courses to train security officers in public management, such as customer orientation, problem-solving and collaboration skills, as well as identifying relevant skills to combat evolving security threats and including terrorism threats. Security agencies that need help in redesigning jobs, incorporating technology and upskilling their officers can also leverage on WSG's Job Redesign Reskilling Programme for Security Officers. Regarding working conditions, Dr Rizal also asked if the Ministry will introduce any limit to security officers' working hours, including mandated off days and hours. I would like to assure Dr Rizal that these are currently covered under the Employment Act. Tripartite partners have also taken concrete steps to address security officers' long working hours. The most recent is the removal of overtime exemption in January 2021. Previously, with the exemption, security officers could work up to 95 hours of overtime per month and now, overtime is capped at 72 hours per month. So, the cap on overtime hours will hopefully improve the working conditions and increase attractiveness into the demanding industry.”
“Mr Yip Hon Weng, Ms Joan Pereira, Mr Melvin Yong and Dr Wan Rizal asked about and gave suggestions on the use of body-worn cameras. These are issues that should be discussed by the service buyer and service provider, taking into account various factors, such as the needs of the buyer, the deployment locations as well as the costs involved. We have, in MHA, strongly encouraged the industry to make use of technology, like body-worn cameras, to facilitate better onsite management or investigation into allegations of abuse. And the industry has responded, as we have seen an increasing trend of security agencies deploying body-worn cameras for their security operations. Between 2019 and 2021, the Police approved 43 requests made by 15 licensed security agencies for the use of body-worn cameras at various deployment sites for their security officers. As part of the Security Industry Transformation Map efforts to uplift the industry, Government agencies, such as ESG, have supported security agencies in the adoption of such relevant technologies. Mr Yong and Ms Mariam Jaafar asked what is being done to further improve work conditions and make the private security sector more attractive. This Bill is just one of the initiatives under the security ITM to help transform and raise industry standards, improve wages and, also, improve the work conditions and environment for our security officers. The Government has and will continue to work closely with tripartite partners through the Security Tripartite Cluster to uplift wages and skills upgrading of our security officers. For example, on wages, the Progressive Wage Model (PWM) has improved wages for about 40,000 security officers.”
“This group of security officers continue to be accorded protection under POHA, with the same penalties as the new section 17C PSIA harassment offence. Mr Ang asked if Police reports must be made before the Police investigates into the new PSIA offences and whether the Police would be more inclined to charge persons for the new section 17C PSIA offence. Yes, reports should be lodged in such cases. I would like to emphasise that the Police have treated all cases and allegations of harassment and abuse against security officers equally and seriously, and will continue to do so. Ms Joan Pereira suggested that offenders should be made to serve community service and undergo mandatory social education programmes. The Criminal Procedure Code already allows for the Courts to issue community orders for suitable cases. Such community orders include mandatory treatment orders for psychiatric conditions and community service orders, which can also be combined with short detention orders. Mr Melvin Yong and Mr Yip asked if ex-offenders are automatically disqualified and how many are employed in the security industry. Given that the security officers are placed in a position of trust, the Police need to ensure that they are competent and suitable for the roles that they are licensed to perform. Depending on the merits of each application, the Police may and have granted licences under suitable conditions, including to ex-offenders. Between 2017 and 2021, the Police received an average of 300 security officer licence application appeals per year, including from ex-offenders, of which about a fifth were successful. We will continue to look at each application on their merits and to ensure eligible applicants, including ex-offenders, can continue to join this industry.”
“An example of this scenario can be found in illustration (b) of section 3 POHA and I read: "Character X writes a letter containing threatening words towards Y intending to send the letter to person Y to cause him alarm. X decides not to send the letter and throws it away. Person Y finds the letter and is alarmed. X is not guilty of an offence as he had no reason to believe that the letter would be seen by Y." The proposed section 17C PSIA is not intended to mirror POHA completely and takes into consideration the nature of security officers’ work. Nevertheless, the defences available for a section 17C PSIA offence are similarly available for offences against public servants, under section 6 POHA. Hence, there is no higher protection as suggested. Although a similar defence is not present in section 3 POHA, it is also clear from illustration (b) that I have read of that section that if an accused had no reason to believe that an offensive communication would be perceived by the target person, the offence under that section would not be made out. Mr Darryl David asked why and how section 17C PSIA differentiates itself from section 6 POHA for security officers who are essentially carrying out the same job functions. He asked if this would lead to differentiated level of protection of security officers. To clarify, some security officers are already considered Public Service Workers under POHA, such as those deployed at public healthcare institutions, step-down care institutions or educational institutions. Security officers who are executing duties in the capacity of Public Service Workers are excluded from the new section 17C PSIA offence, to avoid overlap with section 6 POHA.”
“If a security officer is abused while off duty, but the abuse is in relation to the execution of the officer’s duties under section 13 of the PSIA, then an offence under the new section 17C PSIA may be made out. The key here is the abuse or harassment must be in relation to the work or the duty that he performs. I want to assure Mr Desmond Choo that we will continue to monitor the ground situation to ensure that security officers get adequate protection. Mr Louis Ng also asked why the new section 17C PSIA offence allows the accused to prove that he had no reason to believe that his actions would be perceived by the target person. Mr Ng noted that this is not a defence for a section 3 POHA offence. Mr Ang Wei Neng raised concerns about shifting the burden of proof and suggested that, for a similar offence, section 17C PSIA may accord security officers with a higher level of protection than public servants. To clarify, stipulating defences does not shift the burden of proof to the accused. The prosecution still needs to prove beyond a reasonable doubt that an offence has been committed. The defences make it clear that the accused may be absolved under certain specific circumstances. That said, it is not the case that the accused can simply claim that he or she did not believe that his or her actions would be perceived by the target person. Rather, the defence under the new section 17C PSIA requires the accused to prove, on a balance of probabilities, that he did not know and had no reason to believe that the words or behaviour used, or the communication made, would be heard, seen or otherwise perceived by the target person.”
“Mdm Deputy Speaker, I thank the Members for their comments and views and for their strong support for the Bill. Please allow me to address the questions from the Members in turn. Dr Wan Rizal and Mr Melvin Yong asked for an overview of the number of abuse and harassment cases reported against security officers in recent years. Dr Rizal also asked what actions were taken against these offenders. As mentioned in my earlier speech, in the last three years, there was an average of about 150 cases of abuse while security officers were on duty per year. Depending on the facts and circumstances of each case, the action taken against offenders may range from stern warnings to Court prosecutions. Let me now address Members’ questions on the new offences. Mr Louis Ng asked what counts as the execution and discharge of a security officer’s duty. This refers to the functions of a security officer as defined in section 13 of the PSIA, as he has alluded to, and includes broad roles such as patrolling or guarding another person’s property, or to check individuals seeking entry to any place. This could extend to certain other functions, including SMM functions, such as denying entry to persons who do not wear masks. Mr Desmond Choo asked whether the new section 17C PSIA applies to abuse committed while a security officer is off duty and whether MHA will consider including other harassment activities covered by POHA section 3, such as doxxing, or section 5 in the new PSIA offences. I have to say that the introduction of offences in PSIA expressly provides targeted protection for security officers against common types of abuse and harassment faced by the security officers at their work.”
“(In English): Mdm Deputy Speaker, security officers are important partners who support the Home Team’s efforts in keeping Singapore safe and secure. The nature of their work puts them at higher risk of confrontation and it is necessary to ensure that they are adequately protected under the law. It is also necessary to update our regulatory regime for security services, to keep up with industry developments. Mdm Deputy Speaker, I beg to move. [(proc text) Question proposed. (proc text)]”
“Security officers are important partners of the Home Team in ensuring the safety and security of Singaporeans. Three weeks ago, I tabled the Private Security Industry (Amendment) Bill for the First Reading. The Bill proposes two amendments. First, enhanced punishment for abuse of security officers to better protect them and allow them to discharge their duties with peace of mind. Second, removal of licensing requirements for security consultants. Singapore has a stringent licensing framework to regulate the security industry. All security officers must undergo and pass assessment for mandatory courses in order to be licensed. This ensures that they remain calm and are able to maintain public order and safety during an incident. However, security officers are often harassed by unreasonable members of public and sometimes verbally and physically abused. Security officers are just performing their duties to enforce rules or regulations of the premises they protect. Would we prefer the security officers to be irresponsible and not carry out their duties? Security officers are often caught in a bind – they are sometimes scolded when discharging their duties too firmly and also scolded when they are not. In moving this Bill, we want to remind everyone to respect and protect the interests of security officers and deter abuse. We often say we should not do unto others what we do not want done unto us. I appeal for everyone to continue to work with the industry and union to raise industry standards, and respect and recognise the important role played by security officers in ensuring we continue to enjoy living in a safe and secure Singapore.”
“In January 2020, the Association of Certified Security Agencies (ACSA) and Security Association Singapore (SAS) launched the Security Consultants Accreditation Programme (SCAP) to develop competent security consultants with the requisite skills and competencies. The programme requires accredited security consultants to undertake continuous professional development and also has a disciplinary framework for infractions committed by the members. Moving forward, MHA will remove licensing requirements for security consultants to allow the industry to oversee them, including through SCAP. SPF has also worked closely with Temasek Polytechnic’s Security Industry Institute to develop a Specialist Diploma in Security Consultancy for security consultants to get formal certification of their role. SPF has assessed that the risk of security consultants abusing their position to commit security-related offences is low, as they do not supply the actual security systems or have access to premises for the installation and maintenance of security systems. There has also been no reported case of such abuse in the past five years. Even as we move towards industry oversight, if security consultants abuse sensitive information obtained in the course of their work to commit crimes, they would be prosecuted under other applicable laws. Clause 4 thus amends the PSIA to remove the mentioned activities from requiring licensing. Persons who provide any other security services that fall under section 18 of the PSIA, such as the sale, import, export, installation or maintenance of security equipment, will continue to be licensed. Mdm Deputy Speaker, in Mandarin, please. (In Mandarin): [Please refer to Vernacular Speech.] Mdm Deputy Speaker, Singapore is one of the safest countries in the world.”
“And this takes reference from similar offences under the Protection from Harassment Act (POHA) and the penalties are similar to harassment offences committed against public service workers. Taking reference from POHA, section 17D of clause 3 provides for enhanced penalties for repeat offenders who have previously committed harassment offences. Clause 7 amends POHA accordingly, so that the PSIA harassment offence will also be considered a precedent for enhanced penalties in relation to the relevant POHA offences. This ensures that there is consistency in the treatment of harassment offences. Section 17F of clause 3 provides that the civil remedies available to public service workers under POHA, such as Protection Orders, are also available to victims of the PSIA harassment offence. Clause 5 provides that the new PSIA offences are non-arrestable, unless committed in the view of a Police officer. This takes reference from similar offences under POHA and the Penal Code. I will now speak about the second objective, on changes to the regulation of security services. Under the PSIA, persons who engage in the business of providing security services must be licensed. This includes security consultants who identify and analyse security risks and provide solutions or strategies to minimise these risks. They also provide advice in relation to equipment designed to provide or enhance security, or for the protection or watching of any property; and they also provide services on security methods or principles, such as on preventing intrusion.”
“A survey of security officers conducted by the Union of Security Employees and the Singapore University of Social Sciences last year found that four in 10 security officers experienced some forms of abuse at their workplace. Some cases are particularly egregious. In 2019, a security officer at Roxy Square was verbally abused and punched by a man; a video that captured the incident was circulated widely. Last year, a woman deliberately sneezed at a security officer at Ion Orchard, after she was denied entry for not wearing a mask. MHA has repeatedly emphasised that we take a very serious view of the abuse of security officers. Members of this House, the security industry and the union, have also called for better protection for security officers. Hence, the imperative to enhance the protection for security officers is clear and present. The Bill will amend the PSIA to create offences against common types of abuse faced by security officers. The Bill will also update the regulatory regime for certain security services, taking into consideration the development of the industry. Let me start with the first objective, of creating offences against the abuse of security officers. Section 17A of clause 3 creates an offence of assaulting or using criminal force to deter a security officer from discharging his or her duties. Section 17B of clause 3 creates an offence of voluntarily causing hurt to a security officer in relation to the discharge of his or her duties. These offences take reference from similar offences under the Penal Code and carry harsher penalties compared to similar acts committed against general member of the public. Section 17C of clause 3 creates an offence of intentionally causing harassment, alarm or distress to a security officer.”
“Mdm Deputy Speaker, on behalf of the Minister for Home Affairs, I beg to move, "That the Bill be now read a Second time". The Private Security Industry Act (PSIA) provides for the regulation of private investigators, private investigation agencies, security officers, security agencies and security service providers. It was introduced in 2007, with the aim of upgrading professional standards in the private security industry. This was to enable the industry to better contribute to Singapore’s overall safety and security, as the security landscape evolves. Since then, MHA and the Singapore Police Force (SPF) have continued to work closely with the industry on various initiatives to uplift industry standards. One example is the Security Industry Transformation Map (ITM) that was launched in 2018, which aims to shift the industry towards integrating skilled manpower and technology to deliver higher quality security services. Security officers are vital partners of the Home Team. They play important roles in safeguarding Singapore’s safety and security. They are deployed for important duties such as screening, security patrols and access control at a wide range of premises, both in the private and public. In recent times, they have also stepped up to assist with COVID-19 safe management measures. These roles require them to interact with members of the public. While the large majority of the public are cooperative, there have been cases of persons confronting security officers carrying out their duties, with some going further to verbally or even physically abuse them. From 2018 to 2020, there was an average of about 150 reported cases of such abuse a year.”
“Thank you, Mr Speaker, I just want to respond to Leader of Opposition's question with regard to a Singapore NGO that is designated as a Politically Significant Entity (PSE). Will it therefore be required to cease the foreign funding at the onset of the designation? So, the short answer to the question is no. At the onset of designation, the PSE will only be required to declare the foreign donors and where the funding is coming from. Only when there are reasons and it meets certain conditions will it be required to step up the countermeasures, the further measures to require the NGOs to then beyond declaring, to have to cease the funding, only when certain conditions are met. I hope that answers the question.”
“I want to remind the public that the foreign interference threat is an invisible one, and the threat that the passage of FICA aims to mitigate is one that is hard to guard against because it insidiously targets our world view. And once these perspectives are allowed to fundamentally alter our belief systems, it will be too late for us to take remedial action. The Bill provides Singapore with the basic levers to defend ourselves, but we hope FICA will raise Singaporeans' awareness about the threat of foreign interference, so that we will not, unwittingly, become vehicles for hostile foreign actors to undermine our national interest. My wish is for Singaporeans to commit to working together to ensure that our affairs will be for Singaporeans only to decide. (In English): Mr Speaker, this Government has taken a firm stance against foreign interference since our Independence. This Bill ensures that Singaporeans retain the freedom to decide how we should govern our country, how we should live our lives.”
“One such example is Ukraine, which is said to have suffered extensive intervention during the 2014 Crimean status referendum, where sensitive societal fault lines were targeted by a hostile information campaign orchestrated by the Russians to build popular support for Crimea to join Russia. This, eventually, led to the annexation of Crimea. If we were to allow foreign interference in our domestic politics, Singapore may similarly be subject to such divisive forces. This may result in us losing our autonomy and becoming a vassal state of a foreign power, or a puppet of foreign forces. This is certainly not the desirable outcome. The PAP Government has always taken a firm stand that our domestic politics are for Singaporeans to decide and that we should not allow foreign actors to interfere in them. However, this is easier said than done. Being a small open economy and a multicultural society, Singapore is highly susceptible to foreign interference. To ensure that we keep step with the evolving tactics of hostile actors, it is timely for us to update our laws to address the threat of foreign interference. In addition, I must point out that, contrary to what some commentators have been saying about FICA, the Bill is not intended to target businesses, academic institutions, trade associations, clan associations or other cultural, religious, community or charity groups in their legitimate dealings with foreigners. Singaporeans will still be free to express their views. In fact, the Government's wish is that, with FICA, Singaporeans will be able to freely voice their opinions on Singaporean matters and not the perspective of others.”
“For example, if the PSE is suspected to be receiving funding from the foreign agency to organise a petition against the Government calling for a change in our laws on the issue that the group is advocating for, the Competent Authority may issue a directive prohibiting the PSE from receiving foreign donations. If the PSE is affiliated with a foreign group which is suspected to be taking instructions from a foreign state, the Competent Authority may direct the PSE to end its affiliation with the foreign group. If the PSE has been publishing articles related to Singapore politics, it may also be issued with a transparency directive to disclose the nationalities of contributors of the articles. Finally, it is useful to highlight that a substantial portion of the Bill that deals with local proxies was ported over from PDA. Where it is new, it is meant to address the gaps. Our approach is also narrower than the Australian or US approach. Mr Speaker, allow me to now speak and conclude in Chinese. (In Mandarin): [Please refer to Vernacular Speech on Pg xxx.] Mr Speaker, Sun Tzu's Art of War has a saying, "it is better to win the heart of people than to capture the city." This saying encapsulates why we need a Foreign Interference (Countermeasures) Bill. Historical thinkers have warned us against overlooking psychological defence in warfare. As the saying goes, "the supreme art of war is to subdue the enemy without fighting." In today's context, the best strategy in warfare is to win the war without the firing of a single bullet. History is full of such examples.”
“An employee working for an American tech firm that is openly advocating for American technology as part of their business will not be designated as there is no public interest in doing so. It is also not within the Bill’s intent to prevent local NGOs from freely working with foreign businesses on their Corporate Social Responsibility (CSR) projects. The Bill also does not seek to stop businesses and organisations from building overseas partnerships or soliciting for overseas business, networking with foreigners, going to conferences or seminars, or engaging in cultural exchanges. These types of activities and dealings will not be constrained in any way by the proposed Bill. It will be business as usual as we know it for the vast majority of Singaporeans and residents in Singapore. Allow me to give an example of how the PSP measures will apply. Let us take a case of a Singapore-registered entity which has been actively commenting on Singapore’s politics in advocating a potentially divisive social issue. The Competent Authority has reason to believe that the entity may be receiving support from a foreign state-linked agency. This entity may be designated by the Competent Authority as a PSE. To ensure transparency of its activities, the PSE will have to submit donation and foreign affiliation disclosures in the very first instance. This is, in fact, less stringent than PDA of today. Under PDA, if an entity is designated as a political association, the controls are the same as those imposed on a political party. This includes not being allowed to receive foreign funding and a cap on anonymous donations. If the Competent Authority assesses that there is a heightened threat of foreign interference, the PSE may be issued with stepped-up countermeasures.”
“If there is an increased risk of foreign interference, clauses 80 to 82 will allow the Competent Authority to issue a transparency directive to direct any newspaper, media outlet which includes online media, or any defined or designated PSP that publishes matters on political issues relating to Singapore, to disclose the particulars of any foreign author or foreign principal for whom or at whose direction the article or programme is published, if the article or programme is a political matter concerning Singapore. To be clear, this will only apply to entities that are issued with the transparency directives. There is no fixed expiry date for the designation and countermeasures imposed on PSPs. This approach is the same as that under PDA. But the process is transparent when we designate PSPs. Clause 49 of the Bill states that when we designate a politically significant person or entity, the Competent Authority must, without delay, give the individual or entity notice of the designation. Moreover, if a PSP wishes to challenge its designation for the stepped-up countermeasures imposed on it, it may submit an application for the Competent Authority’s reconsideration or an appeal to the Minister for Home Affairs. Clause 102 allows the Minister to consult an advisory body before arriving at a determination on the merits of the appeal. Unless a Singaporean or entity is acting as a foreign agent or working with foreigners to affect our public interest, they will not be covered. Academic research, business partnerships, creative collaborations, cultural exchanges – such interactions will not be designated.”
“Designated Politically Significant Entities (PSEs), in the first instance, are not prohibited from appointing foreigners to leadership positions or accepting foreign memberships. If there is an increased risk of foreign interference, clause 83, read with clause 88, empowers the Competent Authority to prohibit the PSE from accepting foreigners as members or appointing them as responsible officers within the entity. There may be instances where the Government will need to act even before we designate an individual or organisation as PSPs. The Bill provides for countermeasures in two of such cases. First, foreign states may attempt to cultivate Singapore citizens to influence our domestic politics through their involvement in foreign political and legislative bodies. Examples of these would be a foreign political party or political advisory body. Clause 79 will require Singapore Citizens to declare their involvement in foreign political or legislative bodies. MHA recognises that there may be innocuous instances where Singaporeans living abroad join foreign political bodies, such as Singaporean students joining foreign political parties while they are studying abroad, out of their own personal interests. However, this can, nonetheless, still pose a threat, as such Singaporeans may be cultivated, approached or influenced, even unknowingly, and, subsequently, made use of to affect our local politics. As such, it is necessary to require them to disclose their involvement in such bodies for transparency purposes. Second, based on our experience of seeing foreign writers masquerading as local writers in penning articles relating to Singaporean political matters, we felt that it was important for Singaporeans to be aware of the origin of such articles and perspectives.”
“However, if there is an increased risk of foreign interference, clause 85(2)(b), read with clause 88, empowers the Competent Authority to require that the designated PSP report voluntary labour and services that are rendered by foreigners. Next, disclosure requirements on foreign affiliations. The Bill does not cover all kinds of affiliations. For example, personal friendships or co-workers are not covered by the Bill. The Bill does not restrict association with a foreigner and is not intended to reduce foreign partnerships or businesses. An example of what the Bill is concerned with is foreign affiliations where the foreign principals are in a position of control over the PSP and the PSP is taking direct instructions from the foreign principal. For example, being an employee of a foreign company would be one such arrangement that will need to be disclosed if you are a PSP. These reportable arrangements are defined in clause 78. If there is an increased risk of foreign interference, clause 84, read with clause 88, empowers the Competent Authority to require the PSP to terminate its foreign affiliations. Clauses 78(3) and 78(4) will require defined and designated PSP individuals to declare if they have been granted migration benefits by foreign countries. Examples of migration benefits will include a foreign passport, travel identification documents, an entitlement or privilege or status to work or reside in the foreign country, or an honorary citizenship. The purpose of this declaration is simply for transparency. There would be no stepped-up countermeasures to prohibit the acceptance of migration benefits. Next, on leadership and membership. The Societies Act already disallows foreigners from being members of political parties. This will continue.”
“That said, the Bill does not cover all kinds of donations, only donations that are directed, wholly or in part, towards a political end. The disclosure requirements do not cover personal gifts, for example, as the intent of the Bill is to safeguard against foreign interference in our domestic politics. Certain other donations or gifts may be handled by other laws. Defined PSPs are subject to more stringent donation controls. For example, defined PSPs are: (a) prohibited from receiving donations from impermissible donors, such as foreign donors and Singapore Citizens below the age of 21; (b) not allowed to receive $5,000 or more of anonymous donations; and (c) are required to maintain a dedicated bank account to hold their political donations. Designated PSPs are not subject to these restrictions at the onset of designation. Members will see from the annex that most of these requirements already exist in PDA today. Influence can also come about through volunteers, apart from donations. Clause 56 prohibits defined PSPs from accepting volunteer labour or services from foreigners. The Bill is not concerned with all types of voluntary services, and only prohibits defined PSPs from accepting voluntary services that relate specifically to the duties and responsibilities of the PSPs in question. For instance, a Member of Parliament cannot allow foreigners to volunteer at Meet-the-People Sessions or any other programmes that are organised by the political parties. For designated PSPs, there is no prohibition on foreign volunteers in the first instance.”
“It is important that we have levers to designate and impose countermeasures on individuals and entities who may be at risk of foreign interference and have exhibited behaviour that points to such risk. It also has the effect of promoting transparency and deterring would-be foreign actors with malicious intent from trying to influence Singapore’s politics through these local proxies. I will now talk about the different countermeasures that will be imposed on both defined and designated PSPs. All PSPs will have to comply with a baseline set of obligations and countermeasures. We will apply the most stringent countermeasures on defined PSPs as they are directly involved in Singapore’s political processes. For designated PSPs, in the first instance of designation, their obligations only pertain to disclosure. However, clause 88 provides for countermeasures to be stepped-up, if conditions are met, potentially, to the same level as those for defined PSPs. The countermeasures on PSPs are detailed in Chart 2 that was earlier distributed. First, let me talk about donations. Clauses 62 to 65 require all PSPs, both defined and designated, to disclose donations to the Competent Authority. Donations need to be disclosed if they are $10,000 or more. Smaller donations from the same donor that, when aggregated during the same reporting period, amounts to $10,000 or more, also have to be disclosed. Donations that need to be disclosed do not only cover those that are made in cash. Clause 51 articulates the types of donations that the Bill will cover, including donations made in kind, or the provision of goods and services for a fee below the fair market value.”
“However, PDA does not cover other individuals who are directly involved in our political processes, such as our Members of Parliament. Also, PDA only covers monetary donations and does not cover other possible vectors of interference, such as through formal affiliation with a foreign organisation and provision of volunteer services by foreigners. To strengthen our safeguards, this Bill will repeal PDA, bring the existing PDA obligations into this Bill, and introduce some additional countermeasures. First, let me go through the individuals and entities that this Bill aims to cover. Clause 14 of the Bill defines individuals and entities, who are formally involved in our political processes, as Politically Significant Persons (PSPs). These are listed in the Bill and are, namely: political parties; Political Office Holders; Members of Parliament, which include elected Members of Parliament, Non-Constituency Members of Parliament and Nominated Members of Parliament; Leader of the House; Leader of the Opposition; election candidates; and election agents. The Bill also empowers the Competent Authority, a civil servant in MHA appointed by the Minister for Home Affairs, to designate other individuals and entities as PSPs, if certain conditions are met. Clause 14, read with clauses 47 and 48, empowers the Competent Authority to designate entities and individuals respectively as PSPs if: (a) they are members of foreign political or legislative bodies, or their activities are directed, in part, towards a political end; and (b) the Competent Authority assesses that it is in the public interest that countermeasures be applied.”
“Mr Speaker, on behalf of the Minister, I will now take Members through the second part of the Bill that empowers us to counter foreign interference through local proxies. Despite the proliferation of foreign interference attempts in the digital space, we still see many instances of interference by hostile foreign actors in the physical world through compromising local proxies. One example that was raised in the Minister's earlier speech took place in Australia, where a former senator received donations from an individual with connections to a foreign government. The former senator then advocated for the foreign country's position on the South China Sea despite it being contradictory to his party's position. Another example took place in 2015, where Reuters reported that a state-linked company was covertly backing at least 33 radio stations in countries across the Asia Pacific region to form a global network broadcasting news that placed that particular state in a positive light. Closer to home, Singapore is not immune. In the 1980s, the First Secretary of the United States Embassy in Singapore, Hank Hendrickson, cultivated a group of Singaporean lawyers to join Opposition politics and contest the 1988 General Election. The lawyers were offered funding, and one of them was even offered refuge in the US should he subsequently run into difficulties with the Singapore Government. We should update our laws to address the new ways that foreign actors can influence local political individuals and entities. We currently have the Political Donations Act (PDA) that prohibits political associations, as well as election candidates and their agents, from accepting monetary donations from foreign sources.”
“Given our high-density environment and with HDB flats being designed for natural ventilation, some noise will inevitably make its way into flats through our open windows and doors. We will continue to work with stakeholders to better manage construction noise in order to maintain a conducive living environment while allowing projects to keep pace with providing infrastructure and amenities for our residents. Mr Deputy Speaker, the amendments in the Bill help lay the foundations to achieve our climate ambitions. The early switch to low-GWP equipment and proper management of HFC refrigerants will ensure that the cooling needs and comfort of Singaporeans will not be compromised as we transit to a low-carbon future. Imposing electronic video surveillance on construction sites which have violated the no-work rule is an important step and addition to our existing enforcement measures. We hope this requirement will improve compliance and help NEA to manage public feedback more effectively. Mr Deputy Speaker, I beg to move. [(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 Tan]. (proc text)] [(proc text) Bill considered in Committee; reported without amendment; read a Third time and passed. (proc text)]”
“For example, as part of construction works that require a BCA permit, the contractor must erect a project signboard of at least 1.8 metres in width and one metre in height before work can commence. The project signboard displays information of the project parties and their contact numbers as well as the hotline numbers of MOM, NEA and BCA. Residents can also submit their feedback through the NEA website and the myENV and OneService mobile applications. Upon receiving feedback, NEA officers will investigate whether the construction site has generated noise levels exceeding the noise limits or violated the no-work rule and then, they take enforcement actions accordingly. NEA has also been advising contractors to engage the nearby residents early to develop plans to minimise the impact of construction work on residents' daily lives. Contractors have also been encouraged to implement additional noise mitigation measures where possible, such as noise barriers for noisy works like hacking and drilling. We acknowledge Mr Yip Hon Weng and Ms Joan Pereira's suggestions on improving the public's awareness of the rules on construction noise. Information on construction noise limits, permissible work hours and the no-work rule is published on NEA's website. Members of the public can reach out to NEA through various communication channels to find out if a particular construction site is permitted to carry out quieter works on Sunday and public holidays or if noise limits have been breached. NEA will explore raising public awareness on the no-work rule via social media channels. On Mr Gan Thiam Poh's suggestion to improve the noise-insulating properties of HDB flats, HDB will continue to explore practical noise mitigation measures for the comfort and well-being of residents.”
“We need to maintain a steady supply of public housing, continue expanding our public transport network and provide amenities such as hospitals and schools. As Mr Yip Hon Weng pointed out, many projects have been significantly delayed due to the COVID-19 pandemic. This impacts end users such as families waiting to move into their Build-To-Order (BTO) flats. Project delays not only affect the construction industry and end users, they also prolong the disamenities experienced by neighbouring residents. Ms Joan Pereira also spoke about balancing the need to expedite projects that have been delayed while keeping disamenities to acceptable levels. This, in fact, is the balance that we need to strike. Mr Louis Ng asked for an update on the review of construction noise limits. Given the significant impact of the COVID-19 pandemic on the construction industry, this is not the time to tighten construction noise limits which will affect the whole industry. We recognise that the construction sector faces serious manpower and supply shortages during these extraordinary times. Nevertheless, I assure Mr Louis Ng that NEA will monitor the situation and continue to work with stakeholders to review construction noise limits, including the limits for construction work on Saturdays, taking into account the World Health Organization's guidelines and our local context. Mr Yip Hon Weng gave useful suggestions to improve feedback management for residents, including having dedicated feedback channels, clear escalation protocols, standardising format for displaying communication channels and providing advance notice to residents. Many of these measures are already in place and we will see how to improve and enhance them.”
“On the other hand, the installed video surveillance will allow NEA to remotely monitor construction worksites and deter repeat violations. It enhances NEA's efficiency and responsiveness, removing the need for officers to carry out repeated inspections to address recurring public feedback. I assure Mr Don Wee and Mr Yip Hon Weng that we are mindful of the impact of the measures on the construction industry, which is facing challenging times. The requirement will only be imposed on the very small group of construction sites that have breached the no-work rule. This is around 150 out of the 5,800 construction sites a year, or about 3% of all active sites. It will not affect the vast majority of construction sites that comply with the no-work rule. The cost of installing video surveillance stands at less than 1% of total construction project cost on average. One set of closed-circuit television (CCTV), for example, can cost about $5,000. Depending on the project size, a construction site that has violated the no-work rule may be required to install up to four CCTVs. Mr Yip Hon Weng highlighted other complementary measures to strengthen compliance to the no-work rule, such as introducing higher penalties. The vast majority of construction sites comply with the no-work rule. NEA will monitor the effectiveness of these measures in this Bill to address the remaining small group of non-compliant contractors and consider further measures, if needed. Let me now address points raised by Members on managing construction noise in residential areas beyond the no-work rule. We have to strike a careful balance between maintaining a conducive living environment and also allowing construction work to be completed within a reasonable duration and cost.”
“Under this Bill, the Director-General may now impose the requirement for video surveillance on any construction site that contravenes the no-work rule. So, the site has to contravene the rule first. The requirement applies to all public and private sector construction projects, regardless of the size, if they violate the no-work rule. It is important to ensure the integrity and proper functioning of the video surveillance systems, as Mr Gan Thiam Poh, Mr Yip Hon Weng and Ms Joan Pereira have pointed out. NEA will carry out scheduled and surprise site inspections to ensure that the video surveillance systems are in good working condition and not tampered with. The new section 28A empowers the Director-General to specify requirements for the video surveillance system, including ensuring that the system's security is not compromised. For example, contractors should implement robust digital identification (ID) and password controls and restrict access to the physical components of the system. The person required to install, to operate and to maintain the video surveillance system under the new section 28A must also take all reasonable steps to ensure that no person tampers with or does anything to compromise the proper functioning of the system or any image, sound or video recorded by the system. Mr Don Wee asked whether phone video footages can be used to substantiate complaints on no-work rule violations in place of video surveillance. While phone video footages can be used as evidence for prosecution, they might not capture sufficient information on the construction activities being carried out to conclude that there was indeed an offence. Such footages received from the public might also not be timely enough to address ongoing construction noise infringements.”
“In commercial chillers, for example, regulation will effect a switch to a new generation of refrigerants with GWP close to zero, bringing HFC emissions to negligible levels when the entire stock of chillers turns over. Even if taxation were to be introduced, these considerations mean that regulations may still be needed. We would have to consider the cost effectiveness of the taxation regime, given the highly distributed sources of emissions. While the tax can be levied upstream on importers, this has to be coupled with the system of downstream rebates for spent refrigerants that are recovered. This could potentially result in higher administrative costs. Mr Louis Chua also asked about the abatement potential and plans for the Kigali Amendment. The HFC mitigation measures introduced today are expected to reduce HFC emissions from the regulated equipment by around half by the year 2030. With regard to the Kigali Amendment, my Ministry has initiated a review and is consulting key stakeholders. We will update when ready. I will now address Members’ questions on construction noise and the requirement for contractors, who have violated the no-work rule, to install, maintain and operate video surveillance at their construction sites. First, let me address questions on the implementation of the requirement for video surveillance. Mr Yip Hon Weng asked about the types of construction projects that are covered. The current regulations state that all construction sites located less than 150 metres from any hospital, home for the aged sick or residential building must comply with the no-work rule on Sundays and public holidays. The Bill does not change the no-work rule regulation or requirement.”
“Today, even in the absence of regulation, there is already a market for them and facilities to treat spent refrigerants are already available. Mr Louis Ng also asked about our plans to address HFC emissions beyond the current measures. We are studying the potential for other types of RAC equipment, such as commercial and industrial refrigeration units, to switch to low-GWP refrigerants. We will need to assess the feasibility of available technologies, balancing considerations such as fire safety, toxicity, energy efficiency and the cost of suitable substitutes. In response to Mr Louis Chua, we will consult and work closely with industries and businesses, and give sufficient lead time before implementing any measures. I assure Mr Don Wee that we will carefully consider the cost impact on our cold chain needs when assessing any future measures on commercial and industrial refrigeration units. The measures introduced today have no impact on cold chain needs, as climate-friendly household refrigerators do not cost more. Prof Hoon Hian Teck asked whether it would be better to price HFC emissions rather than regulate these. While pricing remains an option, there are merits in adopting regulations to reduce HFC emissions. Most jurisdictions also take this approach. HFC emissions arise mainly from ownership rather than the intensity of use of RAC equipment and are locked in by technology choices. Given technical complexity and the need to balance multiple considerations in the choice of refrigerants as highlighted earlier, it is difficult for end-users to make informed choices or to influence upstream supplier decisions. Regulation offers much greater outcome certainty in abating HFC emissions.”
“In fact, during my visit to Temasek Polytechnic, I noticed that the course will be conducted, hands-on, by technicians for the technicians themselves. So, it will be done in a simple manner, using languages that the technicians can understand. Mr Desmond Choo, Mr Louis Ng and Mr Gan Thiam Poh have asked if there would be financial support for these technicians. Singaporeans and PRs will be eligible for up to 90% subsidies under SkillsFuture SG and the balance of $85 can be paid for using their SkillsFuture credits. We agree with Mr Desmond Choo that companies need time to develop internal processes and train their technicians. For this reason, we announced the requirements early in March last year. We have since been engaging the industry closely to develop these measures and will continue to do so to ensure a smooth transition. I am also pleased to inform Mr Desmond Choo that the register for registered suppliers and registered regulated goods will be made accessible online. This was a question that was asked by Mr Louis Chua as well. Mr Desmond Choo also proposed stricter penalties for the offence of falsifying information or data under the new section 40X. The penalty of a fine not exceeding $5,000 or imprisonment for a term not exceeding three months, or both, is aligned to similar offences under the Energy Conservation Act. From our experience, this serves as sufficient deterrence and we will review the penalty level should data falsification become an issue of concern, going forward. Mr Don Wee asked whether requiring spent refrigerants to be recovered and treated will add to business cost. This is unlikely, as most of the spent refrigerants can be treated for reuse and have commercial value.”
“So far, 10 projects have been approved or are under consideration. These projects are expected to collectively abate HFC emissions equivalent to 60 kilotonnes of carbon dioxide, comparable to taking around 18,000 cars off the road. One grant recipient is Kaer Pte Ltd, an energy services company which provides "Cooling as a Service". With grant support, Kaer is replacing chillers at an industrial facility with climate-friendly ones that not only use low-GWP refrigerant, but will also improve the system’s energy efficiency by 35%. As Mr Louis Ng has highlighted, proper refrigerant handling practices are important to minimise HFC emissions during servicing and maintenance of RAC equipment. We have worked closely with Temasek Polytechnic and industry partners to develop a training and certification programme for chiller technicians. This two-day programme has been designed to be practical and relevant to the industry and will cover the processes for handling and recovering refrigerants from chillers. Technicians will be re-certified every three years to keep up with advancements in technology. Mr Louis Ng and Mr Gan Thiam Poh asked whether the course could be held in other languages aside from English. The course is designed to meet the needs of the technicians. It will be conducted in simple spoken English. Temasek Polytechnic has ample experience in conducting other similar technical courses and trainers will tailor their delivery to suit the language competency of the technicians. Trainers will also give practical demonstrations and conduct hands-on practice to enhance understanding. To be certified, technicians have to pass an open-book test comprising multiple choice questions and a simple practical assessment.”
“Mr Deputy Speaker, first, I thank the Members for their support of the Bill. The thoughtful comments and suggestions that were raised reflect our collective commitment to climate action and to provide a quality living environment for Singaporeans. I will first address Members’ questions on the measures to reduce HFC emissions from refrigeration and air-conditioning, or RAC, equipment. HFC accounts for a sizeable share of Singapore’s greenhouse gas emissions. As Mr Louis Ng pointed out, there was a 30% increase in HFC emissions from 2014 to 2016 and this underscores the urgent need for action, which Mr Shawn Huang as well as Mr Louis Chua have also emphasised. The measures introduced today will deliver deep cuts in HFC emissions and bring us closer to our climate goals. Mr Don Wee suggested delaying the measures in view of the current economic conditions caused by the pandemic. I wish to clarify that the requirement to use low-GWP refrigerants applies only to new regulated equipment that is supplied from 1 October 2022. Companies can continue to use their existing equipment until the end of life for those equipment. While low-GWP chillers may cost a little more, they are typically more energy and carbon efficient and offer net cost savings over their lifecycle. So, investing in them not only protects the climate, but also protects companies from being locked into the higher operating costs of less efficient chillers. For example, CapitaLand expects to reap lifecycle cost savings of $280,000 from its low-GWP chiller deployed in Funan. Companies that are replacing their chillers in the immediate future can tap on the grant introduced in October 2020 to incentivise the early switch to low-GWP chillers, before the supply restriction comes into force in October 2022.”
“The amendment will broaden the scope of this partial defence so that an accused person can rely on the partial defence if he did not know and had no reason to believe that the provocation was given by anything done in obedience to the law or by a public servant in the lawful exercise of the public servant's power. This aligns the partial defence of grave and sudden provocation under section 352 with the partial defence of grave and sudden provocation for more serious offences such as murder, voluntarily causing grievous hurt and voluntarily causing hurt. Similar amendments will be made to the partial defence of provocation where it appears in other Penal Code provisions. Lastly, this Bill seeks to modernise the language of certain provisions under the Penal Code. As part of our continuing efforts to ensure that the law is more easily understood by present-day readers, clauses 11, 14, 15, 16, 32, 33 and 39 replace certain archaic terms, such as "wantonly", "maliciously", "malice" and "malignantly", with modern terms that are more easily understood and already defined in the Penal Code, such as "rashly" and "intentionally". In conclusion, these amendments strengthen our laws and clarify their application. 1.34 pm”
“The amendments clarify that where an accused person claims that he was incapable of knowing that what he was doing wrong, by reason of unsoundness of mind, the accused person must prove that he was incapable of knowing that what he was doing was both wrong by the ordinary standards of reasonable and honest persons, and wrong as contrary to law. In other words, the two limbs are to be read conjunctively. This was in fact the position taken when the Penal Code was last amended in 2019, where we inserted the illustration to section 84. The present amendments only serve to make this clearer and do not change the state of the current law. Finally, clause 20 amends section 352, which provides for the offence of using criminal force otherwise than on grave and sudden provocation. If criminal force was used on grave and sudden provocation, a less serious offence under section 358 will apply instead. Currently, the explanation under section 352 provides that the partial defence of grave and sudden provocation does not apply if, among other things, the provocation was given by anything done in obedience to the law or by a public servant in the lawful exercise of the public servant's power. This means that an accused person cannot rely on the partial defence in this scenario, even if the accused person did not know and had no reason to believe that the provocation was given by anything done in obedience to the law or by a public servant in the lawful exercise of the public servant's power.”
“Currently, under section 512 of the Penal Code, a person who attempts to commit an offence punishable with death or life imprisonment will face a maximum imprisonment term of 20 years. However, where a person abets the commission of an offence punishable with death or life imprisonment but that offence is ultimately not committed, section 115 only provides a maximum imprisonment term of 15 years. This is even though an abettor under section 115 may be equally culpable as or even more culpable than a person who attempts to commit such an offence. For example, a person who conspires with another to murder a victim where the murder was not carried out could, depending on the facts, be just as culpable as a person who attempts but fails to commit the murder itself. We will therefore increase the maximum imprisonment under section 115 from 15 years to 20 years, for parity with section 512. I now turn to the amendments relating to the operation of certain defences. Clauses 5, 6 and 7 amend the provisions relating to mistake or ignorance of fact, mistake or ignorance of law and accident. These clauses are intended to provide greater clarity on the way these provisions operate. They do not change the general common law principles on burden of proof, namely, that the prosecution must prove the elements of the offence and that the accused person must prove a defence. Next, clauses 8, 9 and 17 amend the defence of unsoundness of mind, the defence of intoxication and the partial defence of diminished responsibility.”
“It also prohibits any person from causing a man to do so without the man's consent. The proposed amendments will (a) criminalise other forms of sexual penetration involving corpses; and (b) make the offender gender-neutral. Clause 30 broadens the scope of the offence of voyeurism under section 377BB by replacing the term "genitals" with "genital region". This will ensure that the offence is wide enough to cover cases where the offender manages to capture an image of the victim's genital region but not the genitals themselves. Clauses 31 and 34 deal with the definitions of "child abuse material" and "abusive material" under section 377C and section 377BL. Currently, "child abuse material" and "abusive material" include material that depicts an image of a minor's breasts or genital or anal region in circumstances which reasonable persons would regard as being offensive. We will amend this definition to cover images of a minor's genital region, buttocks or breasts, whether exposed or covered. This will enhance protections for minors by ensuring that the relevant offences apply to sexual images of scantily-clad children or close-up images of the child's genitals, buttocks or breasts – even if covered by clothing – in circumstances which reasonable persons would regard as offensive. In addition, the Bill clarifies that the depictions must be sexual in nature. This will make clear that the intent is not to cover non-sexual depictions of minors, such as diaper advertisements. Finally, clause 10 rationalises the punishments for abetting and attempting to commit serious offences that are punishable with death or life imprisonment but where the offence was eventually not committed.”
“In addition, the maximum imprisonment term under section 186 will be increased from three to six months. These amendments will strengthen our levers to deal with offenders who deceive public servants and in so doing, harm public interests. Turning to the other offences, first, clause 23 amends section 376 of the Penal Code, which provides for the offence of sexual assault involving penetration. Subsection (1) of section 376 makes it an offence for a male offender to cause a male victim to penetrate the offender's anus or mouth with the victim's penis without the victim's consent or where the victim is below 14 years of age. This subsection will be deleted as the conduct is already covered under the broader subsection (2)(b). Today, the offence of sexual assault involving penetration is gender-neutral. It can be committed by males or females. Therefore, we will also amend the defence under section 376(6) so that both male and female offenders may rely on it. Next, clause 28 amends section 376H of the Penal Code, which makes it an offence for a person to procure consent to sexual activity by deception or false representation. Clause 28 widens the offence to cover deception pertaining to the risk of the victim contracting a sexually transmitted disease, for example, a lie that the disease is not transmissible by sexual intercourse. The offence will also be widened to cover cases where the offender deceives the victim into consenting to being touched by a third person or into touching the bodily fluids of the offender or another person. Clause 29 amends the offence of sexual penetration of a corpse. The offence currently prohibits a man from penetrating a corpse's vagina, anus or mouth with his penis.”
“The High Court held that section 182 did not apply as the offence is concerned with situations where the offender intends to cause or knows that he will likely cause a public servant to abuse, misuse or improperly withhold the use of his or her lawful powers as a result of the false information. The High Court held that the offence does not cover cases where a person gives false information with the intent of causing or knowing that it will likely cause the public servant to be ineffective and inefficient in exercising his lawful powers. Giving false information to a public servant who is carrying out his or her duties is a very serious matter. There can be very serious consequences, for example, when the Police are hunting for a suspect in a murder or sexual assault case or when SCDF officers are responding to an emergency. The delay in identifying the offender could be a matter of life and death. Clause 12 therefore amends section 182 to cover cases where the offender gives false information intending or knowing it is likely that the false information would cause the public servant to do anything which he or she would not otherwise do. This would cover cases where the false information results in the inefficient exercise of the public servant's lawful powers. In addition, clause 13 amends section 186 of the Penal Code, which criminalises the voluntary obstruction of a public servant in the discharge of his or her public functions. The amendment makes clear that the act of giving of false information to a public servant can amount to obstruction, even if there was no physical obstruction or the use of threats. Whether the false information does in fact amount to obstruction is a question of fact for the Court to determine in each case.”
“Mr Speaker, Sir, thank you for allowing me to speak. Minister Shanmugam has spoken on the amendments relating to the increased penalties for three sexual offences. In my speech, I will explain how this Bill expands and clarifies the scope of certain offences and defences, and modernises the language of certain provisions. First, one gap that the Bill is meant to address is the giving of false information to public servants in the course of their duties. The need to review this arises from a recent decision of the High Court, Public Prosecutor v Chua Wen Hao. In that case, the Police were looking for a suspect who had committed an offence at a hotel. At the hotel, the Police asked the accused person whether he knew the suspect. The accused person told the Police that he did not and that he had not allowed such a person to enter his hotel room. Police investigations subsequently revealed that this was not true. In fact, not only was the accused person a friend of the suspect, they had gone out for drinks together and had planned to meet at the hotel. The suspect arrived at the hotel slightly after the accused person and joined him in his hotel room. As a result of the false information, Police officers wasted additional effort and time to uncover the identity of the suspect. The accused person was charged under section 182 of the Penal Code, which provides for the offence of giving false information to a public servant with the intent of causing or knowing that it will likely cause a public servant to use his lawful power to the injury or annoyance of another person or to do or omit anything which the public servant ought not to do or omit if he had known the truth.”