Ellen Lee
Singapore
“Madam, I have one supplementary question for the Minister. Given the increasingly heavy responsibilities that our Regular servicewomen have played alongside their male counterparts, will the same opportunities be made available for servicewomen to be appointed the Chiefs of the Army, Navy, Air Force and the Chief of Defence Force, and eve…”
“Singaporeans are savvy in utilising technology to solve problems at work and good at using multimedia to make new friends, show concern for society, entertain themselves and share life experiences. Perhaps, we should use our creativity and think of ways to resolve community disputes without resorting to the use of law.”
“Sir, with more Singaporeans living longer than their parents, being healthy and able to work beyond retirement age becomes a common concern for adults with family commitments.”
“Madam, although much has been done to empower senior citizens to age graciously, there are still many who choose to conform to long-held norms, such as living quietly and modestly at home, reading, exercising and socialising little and focusing their attention on family and children.”
“Madam, with a rapidly ageing population and more people leading a longer life, care for the elderly is inevitable. However, ageing couples who have two or fewer children or no child at all are confronted with the prospect of there being no one to take care of them and their daily needs, especially when they are sick, feeble and weak.”
“Madam, the Community Mental Health Plan had a three-pronged focus: increasing awareness, expanding early intervention capabilities and integrating care with the community care. Could MOH provide an update on progress made so far?”
The complete record
Every one of 356 lines we hold for Ellen Lee, in date order, each linked to its source. Free to read, in full, without an account. Page 3 of 8.
“Imagine the pain that the victim's family has had to go through, it is something that cannot be easily forgotten. Then, why should society be merciful to the murderers? Page: 1265 Many Singaporeans are not aware that the law under section 300 of the Penal Code defines "culpable homicide" as an act that takes place when there is: (a) the intention to kill; (b) the intention to cause injury, coupled with the knowledge that such injury is likely to cause death; (c) the intention to cause injury (with the intended injury being objectively sufficient in the ordinary cause of nature to cause death); and (d) the knowledge that the relevant act is so imminently dangerous that death is virtually certain or likely as a result. At the moment, our judicial system is still not perfect. Under definitions stipulated in section 300, it is very difficult for the court or the prosecution to prove whether the accused had clear intention to cause the death of the victim. And some academics observed that there have been inconsistencies in sentencing. Under this amendment Bill, only in cases where the accused has clear intention to cause death will the mandatory death penalty be carried out. In other words, if the court rules that the offence is committed under circumstances stipulated in section 300(a), the mandatory death penalty will be carried out. According to some academics, the Court appears to worry about the fact of death above all and that it matters little if the injury is serious or not serious. With the amendments, the Court will have the discretion to sentence the accused to death penalty or life imprisonment, and the death sentence will no longer be mandatory. I think this will help to rectify some views which are less than objective.”
“[Please refer to Vernacular Speech on Pg 1314.] Mr Speaker, Sir, I support the Penal Code (Amendment) Bill. Personally, I feel it is a timely move. A few years ago, the United Nations General Assembly proposed to vote on a resolution to suspend the death penalty globally. We voted against the resolution. The Third Committee in charge of social and humanitarian affairs passed the resolution with 104 votes for, 54 votes against and 29 votes abstaining. The resolution called for the death penalty to be suspended, with the hope that the death penalty would eventually be abolished altogether. The United Nations had discussed this issue way back in 1994 and 1999. During that time, member nations had diverse views on the issue. Mr Ban Ki-Moon, the current UN Secretary General, once said that the UN is against the death penalty, as it respects each individual's right to life. Then why did Singapore cast the objection vote to this resolution? Singapore's Ambassador to the United Nations pointed out that the UN Declaration of Human Rights does not ban the death penalty. The International Covenant on Civil and Political Rights has also stipulated that countries which have yet to abolish the death penalty can impose the death penalty on the most serious crimes. He said, in many countries, death penalty signifies criminal justice, it is not an issue of human rights. We believe that every Singapore citizen has the right to live in a safe environment, free from the threat of crime. From what I know, some Singaporeans feel that people who have been sentenced to death, whether they are murderers or arsonists, all have one thing in common – that is, they have caused great harm to society or have caused substantial economic losses to society.”
“Thank you, Mr Speaker. On behalf of the Government Parliamentary Committee (GPC) for MINDEF, Foreign Affairs, as well as for Members of this House, I would like to express our condolences to families of PTE Lee and 3SG Tan who were involved in the accidents during the SAF training. We were very saddened by the loss. Both their cases remind us that we should never take safety for granted, and complacencies always creep in after a long period of non-fatal accidents. We welcome the Minister's statement which demonstrates MINDEF and SAF's claims to be open and transparent, as well as the follow-up measures that have been put in place to strengthen the SAF's safety system. I wish to ask Minister two clarifications. One, on the trend of the fatal accidents during the training in the SAF, what has been the trend like in the last 10 years? Two, how is SAF going to ensure that the cycle of complacency does not creep in again?”
“There are a few features in the amendment Bill worth discussing. For example, how society should respond to the problem of young drug abusers. The amendment Bill will mete out stiffer punishment to repeat drug traffickers, especially those who target youth, luring them into drugs or recruiting them as runners. Those who commit the offence of arranging drug gatherings and luring youth into joining these gatherings will receive a stern punishment of five years' jail as well as three strokes of caning. To ensure that young drug abusers continue their education or employment while under detention, the new Act empowers the Director of CNB to allow them to continue with their education or employment during the day, after serving a short period of detention in the Drug Rehabilitation Centre. This will minimise disruption to their daily lives, while mitigating the risk of these youths falling under the influence of other drug abusers, thereby preventing them from abusing drugs again after leaving the Detention Centre. Page: 1111 In conclusion, the amendment will not only enable the Government to deter drug trafficking more effectively, but also help young drug abusers rehabilitate and re-integrate into society. Hence, I fully support the amendment. 5.54 pm”
“Mr Speaker, Sir, with your leave, in Mandarin, please. Page: 1110 (In Mandarin): [Please refer to Vernacular Speech on Pg 1179.] Mr Speaker, I support the Misuse of Drugs (Amendment) Bill. The Misuse of Drugs Act is an effective legal framework to control the use of hazardous and harmful drugs. Under the Act, trafficking, manufacturing, importing, exporting, possession or consumption of prohibited drugs are all criminal offences. In recent years, we have seen the emergence of younger drug abusers. Many people, including myself, are gravely concerned with this trend. Is it because we have not done enough to educate our people, or is it because the unscrupulous dealers who sell these harmful drugs know how to evade the police and other enforcement officers to lure innocent youngsters into the misery of drugs? I believe this amendment can strengthen the deterrent effects of our current legal framework and more effectively support enforcement efforts, and improve efficiency in upstream intervention. Take the first clause of the amendment Bill, for example. The amendment will empower CNB officers to seize psychoactive substances yet to be black-listed, the so called "Designer Drugs". These "Designer Drugs" are drugs whose name and ingredients may vary depending on their manufacturing location and date. They are harmful, but it is difficult to ascertain whether they should be blacklisted before analysis is done. Those who possess these Designer Drugs do not have to worry too much before these drugs are blacklisted. With the amendment, if CNB officers suspect a drug is questionable, they can send the drug to a laboratory for testing first, and charge the person under drug trafficking offence after the drug is blacklisted, supported by test results.”
“Madam, I would like to touch on the topic of Traditional Chinese Medicine (TCM) and about extending TCM to all polyclinics. There is now even greater awareness of the usefulness of Traditional Chinese Medicine and its unabated use is evident in Singapore. With more robust legislation and greater professionalism of TCM practitioners, I am glad to see TCM clinics across our restructured hospitals and polyclinics such as in Yishun. I am asking the Minister if he would consider extending TCM clinics across all polyclinics. Many heartlanders, no longer just the elderly but younger people including non-Chinese, are embracing TCM and related services and acupuncture for their ailments. TCM services can be housed within our polyclinics so that strict codes of practice are adhered to, thus ensuring that there is quality service. It could also lower the costs for needy people in addition to providing accessibility. By the same token, perhaps selective use of Medisave monies for chronic illnesses management, such as rheumatism and arthritis, can also be extended to TCM.”
“Would the Ministry consider enhancing and provide higher funding for current programmes? Would it be possible to rally institutions such as the HDB, NEA (in relation to noise pollution), Town Councils, grassroots organisations, professional medical help and counsellors to assist such vulnerable groups of people? If the general public, caregivers and community groups are sufficiently aware of households struggling with a member of the family, relative or neighbour who suffers from psychiatric problems, they could be advised on constructive ways to manage the person’s condition in a constructive manner and be linked to support services at the same time. Madam, given that there is an increasing trend, we should act quickly. Mental health providers”
“Madam, I want to talk on the topic of Healthy Singaporeans – what programmes are available to help Singaporeans cope with close relatives or neighbours who suffer from psychiatric morbidity? Madam, I have spoken on this topic before, on the rising number of Singaporeans (both young and old) affected by some form of mental illness. The problem does not seem to have reduced in spite of greater awareness being generated. The increasingly hectic and fast paced life in Singapore has been impacting Singaporeans in many ways, notably emotionally, physically and mentally. Even people who look sane and sound reasonable may be undergoing some stress, but they are not revealing or seeking help as nobody wants to see a shrink or be seen with one. Many people in Singapore suffering from psychiatric problems are still severely disadvantaged in the quantity and quality of care available to them. There is not much understanding and regard given to their rights and needs. And these are, often times, due to family members not wanting to admit that one of their members may need psychiatric help or treatment. The problem extends to their caregivers, close relatives including neighbours, as they are affected directly or indirectly by those who suffer from psychiatric morbidity within their close physical proximity. The stresses and pains of these caregivers and neighbours, especially those living in the heartlands and high-rise buildings, often go unrecognised and are, therefore, untreated or unmanaged. As a result, families have broken up and neighbours' disputes are on the increase. Appropriate referrals to psychological services, professional help and timely intervention are imperative to ensure those requiring help are identified and addressed.”
“It is at this time that if the polyclinics are open 24 hours, they will be serving a huge void. Further, minor ailments need not be rushed into the Accident and Emergency units of the hospitals. Polyclinics and medical IT”
“Mr Chairman, Sir, I would like to ask the Minister when will polyclinics be operated on a 24-hour basis? Although our polyclinics run by SingHealth and National Health Group (NHG) cater mainly to patients in the heartlands, they are increasingly being sought after by those living in the private estates as well. The usage of polyclinic services appears to be extremely high as we see many of our polyclinics having long queues with daily patient load that could well exceed 1,000 patients. This could be due to the fact that their operating hours are from 8.00 am to 5.00 pm and that their costs for consultation and medicine are generally lower compared to the privately-run clinics, especially those that remain open after 9.00 pm or 10.00 pm at night. I believe that there is a surcharge or a premium that is being paid for staying opened when all others are closed. Moreover, these polyclinics remain open for only six days a week and they are closed on Sundays which means that the crowds on Mondays are usually higher. That there is a growing demand for healthcare services at our local polyclinics is never in doubt. I wish to ask the Minister, in view of our increased population and greater demand for healthcare services and the high healthcare costs, if our polyclinics can remain open for 24 hours. Singaporeans' lifestyle has changed tremendously and many do not keep strictly to the nine to five regime, especially those who are working. School-going children who attend the afternoon sessions are reaching homes after 7.00 pm and their working parents are returning home much later than that. When someone falls sick in the night, even the private clinics near their homes may have closed for the night. The few clinics that run 24 hours are charging much higher fees.”
“Sir, with the hospital bed crunch problem at our restructured hospitals and community hospitals, there is a greater need to re-look at how we handle our care for the sickly. There is an urgency in view of our fast ageing population and the increasing need for geriatric care. Despite the opening of the new Khoo Teck Puat Hospital, the problem is not fully resolved. The construction of the new Jurong General Hospital will take some years to be fully ready. Meanwhile, primary and step-down care alone may not be the dynamic panacea. When a person is very sick, his family members will naturally think of the hospital as the most appropriate place for the sick person because they want the sick person to be better taken care of by doctors and nurses. Singaporeans seem to have lost the ability to take care of sick members of our family, or have no time to do so due to work demands or because the family has shrunk due to fewer and fewer or no children or siblings. In fact, for some ailments and chronic illnesses, I believe the home environment may well be the most conducive and curative environment. There are at present some groups such as the NTUC Eldercare and our hospitals which provide some form of training assistance to family members and domestic helpers to care for the elderly and the sick. I believe to a certain extent home care when it is properly taught and supported by a good back up team at the hospital that can be easily reached in times of need, may well be the most economical option in view of the rising healthcare costs. I therefore ask the Minister if he would consider vigorously promoting such home care as being the right care for patients and what support and programmes can be put in place to support this drive. Home and community care”
“I believe, in the interest of time, the Minister was not able to answer my query on whether or not it will be timely to make it compulsory for local travel agents to include an advisory on how to access MFA's overseas consular services, especially in such turbulent times and Singaporeans are still travelling for all sorts of reasons.”
“Would it be timely now to make it compulsory for all local travel agents to include an advisory on how to access MFA's overseas consular services to all outbound Singaporean travellers?”
“Mr Chairman, Sir, I would like to touch on the topic of consular services for Singaporeans – how to ensure that Singaporeans know where to find consular services when overseas. Sir, many more Singaporeans go abroad for holidays nowadays and this is proven by the media reports that visitors spent a record S$90 million at the recent NATAS Travel Fair held in February 2011. Singaporeans are venturing all over the globe. They no longer go to popular places like Europe, Asia, China, Bhutan, Africa, North or South America alone but also to other exotic, hard-to-reach and not commonly heard of places, such as the Inca Trail in Peru. With the recent spate of natural disasters in Australia and Christchurch in New Zealand and the political turmoil in Egypt and Libya, Singaporeans are exposed to various risks which are no longer over the loss of their passports or wallets, evacuation when illness or death happened or when one is arrested by the local law enforcement agency, amongst others. Yesterday's Straits Times published two letters, one from a grateful father and uncle whose daughter and niece respectively were not contactable after the earthquake struck in Christchurch in New Zealand, and another from an equally appreciative and relieved lady who was evacuated after nine horrifying days in Egypt when the revolution erupted. All three had received invaluable and timely assistance from the MFA and their consular officers there. These are good examples that highlight the importance of keeping in contact with MFA when Singaporeans travel abroad. Besides the MFA hotline and its webpage, has the Ministry intensified its efforts to ensure that all Singaporeans travellers know how to contact MFA's consular offices abroad?”
“Sir, on the question of a 3rd Generation SAF, I would like to ask the Minister how have the SAF's new acquisitions been integrated with its current capabilities. Over the past few years, whether on land, on the sea or in the air, the SAF has made numerous acquisitions towards its arsenal of weapons and capabilities from additional submarines, new fleet of fighter jets to new armour acquisitions such as the Panther tanks. We have also initiated many enhancements to drive our SAF towards a 3rd Generation SAF. In the same vein, I believe we have also acquired other new and state-of-the-art hardware to stay ahead and to ensure that we have a world-class SAF and viable defence capabilities. In view of the numerous acquisitions by the tri-service, I wish to ask the Minister how these newly procured equipment, weaponry and systems are being integrated with the SAF’s existing capabilities and how far have we assimilated our soldiers and formations with these new acquisitions.”
“Sir, as an island-state, we are highly dependent on our maritime trade and services. That makes us very vulnerable to piracy attacks in nearby waters. Could the Minister tell us his assessment of the security challenges, give us an overview of the maritime security landscape plus the terrorist threat situation in the Straits? I am also asking the Minister to share with us if the situation has improved, the role that the Republic of Singapore Navy and COSCOM play, and whether or not there are further steps to be taken or have any steps been taken to further augment our maritime security measures. Sir, I would also like to know about the progress of specific defence cooperation, such as combating piracy and terrorist attacks in the Strait of Malacca which is critical to our economic well-being. 3rd Generation SAF”
“Will we have further systematic cooperation to enhance the peace and stability in the region as well as globally? Terrorism”
“Sir, it appears that our defence relations with our neighbouring countries, namely Malaysia and Indonesia, have been relatively good and cordial. After the International Court of Justice (ICJ) decision on Pedra Branca, the WikiLeaks saga late last year as well as the Singapore-Malaysia CIQ deals, I believe selected tension may have been felt across both sides. As such, I would like to ask the Minister for an update on the state of our bilateral defence relations with both countries. Are we cooperating better with our neighbours to enhance our collective security in Southeast Asia? In particular, are we cooperating with our neighbours in any other mutually-beneficial collaboration? How about cross-border sole or joint defence training especially in the sea and in the air, that is, in terms of airspace issues? Assoc. Prof. Fatimah Lateef (Marine Parade): Mr Chairman, Singapore is a tiny nation situated at the crossroads of Asia. Being small and open, we are subjected to a variety of influences. The post-cold war years have post-multi-dimensional challenges. We are a highly responsible member of the global community and we are in the region which continues to evolve by the day with volatile security and defence issues to consider. Our external links with the regional and global nations will be helpful as they serve as channels for communications as well as information exchange and military cooperation. It also helps that we are members of groups such as the Five Defence Power Arrangement. How does MINDEF see our strategic role in the area of regional and Asia Pacific defence as well as security climate in the coming years? What direction will our defence relationships take with the major powers as well as with regional partners?”
“Notwithstanding this, the CPD should cover relevant areas such as: Professional Skills, Practice Legal Ethics, Practice Management and Business Skills, and Substantive Law and Procedure. Lastly, and most importantly, our practitioners should be availed an adequate buffet choice of content and style of delivery. Courses can range from traditional sit-down lecture or seminar format to exploiting the new media and e-learning through "live" webcast, online self-study, and "offline" courses which include books, videos and audio podcasts. There should also be the occasional dinners or tea sessions for practical sharing which I believe no amount of theory or thesis can replace. All these would add to holistic and meaningful learning and let our legal practitioners and professionals willingly embrace CPD as an immensely important component in lifelong learning, considering our new operating landscape. With this, I support the Bill. 4.50 pm”
“To this end, I hope that the new institute, which has been vested with new and immense powers to determine CPD requirements, to review the implementation of its programmes and curricula and to coordinate and supervise, would bear in mind the realities on the ground for successful introduction, implementation and possible mandating of CPD for the legal profession. In particular, I am drawing attention to the already hectic and exacting demands on our legal practitioners. As we try to attract more people to join the legal profession and to retain them in the legal profession for as long as we could, we must bear in mind that such new CPD requirements, when introduced, should not be too onerous on our legal professionals. I feel that it is important to always bear in mind that the implementation of the CPD should be incremental and that consultation and feedback from existing active practitioners should be solicited. Notwithstanding this, there should be greater clarity of what category of legal professionals will be impacted by this new CPD requirement, as there are legal professionals working in-house as legal counsellors or advisers or teaching in institutions of higher learning and others. It is also necessary to make known if there will be a form of examination at the end of the CPD course, and how the failure to achieve a pass would impact the legal professionals. Many practitioners that I have spoken to feel that the CPD should end without any test or examination as not passing the test or examination would add more stress and lead to unnecessary speculation of their competence and undermine them, thus affecting their morale.”
“Mr Speaker, Sir, let me also declare my interest as a practising advocate and solicitor and I speak in support of the Legal Profession Amendment Bill. I applaud the setting up of the Singapore Institute of Legal Education and, specifically, the introduction of continuing professional development of lawyers. In all good intent, I verily believe that the Continuing Professional Development (CPD) course aims to maintain, improve and broaden the knowledge and skills and to further develop the personal qualities and competence required of our legal professionals to move with the times. The CPD will help the legal profession to entrench a commitment to being professional, keeping up to date and relevant, and continuously seeking to push back the frontiers of knowledge to maintain a competitive edge. This idea of CPD for the legal profession is not new. In England and Wales, all solicitors and legal executives who are in legal practice or employment, or who work 32 hours or more per week, are required to complete a minimum of 16 hours of CPD per year. In Scotland, all solicitors who are in full-time employment and wish to retain their Practising Certificates are required to undertake a minimum of 20 hours of CPD per year. In Queensland, Australia, each legal practitioner is required to undertake 10 hours of CPD each year. In my view, for our proposed CPD to be engaging, informative and progressive, it should preferably be of about 12 hours’ duration to be taken over two weekends of three hours per session. The CPD should be designed to embrace "best practice" and with easily digestible knowledge. It should not be excessively demanding. It should stimulate a desire to learn and develop our practitioners’ competencies and encourage active participation.”
“There should be appropriate safeguards so that the good intention upon which this power is given can be materialised. Without clear and objective standards of welfare, this might give rise to unhealthy or unnecessary competition between parents, foster families and institutions over who can better provide for or take care of the children. In situations where the child is clearly not in need of protection and is not being ill-treated, struggling parents can easily be persuaded of the benefits of alternative care for their children, simply because they love their children and want what is best for them. The State should perhaps act in line with first principles and only assume responsibility for children who are clearly in need of care and protection. As such, informally or formally made care agreements or arrangements should empower the families, with appropriate support, instead of further marginalising them. With that, Mr Deputy Speaker, Sir, I support this Bill. 6.37 pm”
“I feel that it will be a great societal boon if legislation, Government agencies, civil society and the community work hand in hand to tackle these difficult issues collaboratively and with understanding. The Ministry's "many helping hands" approach should be applied in this situation as well. In a similar vein, the proposed section 27A restricts the publication of information leading to the identification of a child or young person who is the subject of any investigation, or has been taken into care or custody, or is the subject of any order under the Act. While it is imperative to keep their identities confidential to prevent stigmatisation, such measures should not be an impediment to professionals and others offering help and assistance to these children, young persons and their families. The Director who grants approval to reveal any information should do it with clarity and reasonableness so as not to stumble the helping partners rendering assistance in the best interests of the child or young person. With regard to the provision of Voluntary Care Arrangements, the new section 48A which specifies when this power can be exercised gives the impression that the Director may enter into such agreements merely to promote the welfare of a child or young person without declaring him or her in need of care or protection. There is therefore a need to clarify what "welfare" means, who the law pertains to and how the State should respond to it. A real danger is that middle-class culture, standards and values be imposed on a range of families with multiple challenges, including poverty, chronic illness, mental health concerns and physical and intellectual disability. As such, decisions should not merely be in the sole purview of the Director.”
“Mr Deputy Speaker, Sir, as our society matures, we all have to grapple with the challenges of child abuse and the care of our children. The Children and Young Persons (Amendment) Bill has introduced significant changes and additions to the way we deal with child protection issues. Whilst many of the amendments have been pro-active and show tenacity in confronting many prevailing problems, there are several areas which I hope the Minister can take cognisance of. The proposed section 9 is worrying. As the Minister himself has just explained, the power to remove children should only be exercised when there is a real fear of imminent physical or psychological danger. The suggested provision may well be too drastic as the law does not prescribe or give specific guidance or even boundaries as to when this power is to be properly exercised. In most cases and contrary to common public perception, the neglect and abuse of children are hardly intentional. Parents do treasure their offsprings. Unfortunately, if the adults in the families are unemployed, in ill health or are over-stressed and under-supported in other aspects, then it is quite common for them not to have any inclination or time to be fussing over their children. The forcible separation of children from these families prevents the guardians or parents from fulfilling their role in society meaningfully. The stigma unwittingly created by the authorities will only marginalise them further. Rather than treat parents as risks to their own children, how can we as a society come together to assist these families to raise their children?”
“Will the Minister consider putting in place a system that allows individuals involved to seek mandatory marriage counselling for the family unit when one party fears that the marriage is not progressing well? And to allow children of unhappy marriages to be eligible petitioners for mandatory counselling for their family. Sadly, there are many trapped in unhappy marriages and who are in need of help and guidance but they do not know where to turn to for help. Short of contacting a lawyer, these individuals sometimes have no one else to turn to. Will the Minister consider setting up a marriage centre where families can contact for help on marriage-related issues? Thank you, Sir, for your kind attention.”
“I feel strongly that if we make it compulsory for divorcees to attend marriage preparation courses, we will end up negatively stigmatising both the divorcees as well as marriage preparation. Sociological research on divorce highlights many factors that may trigger marriage dissolution. I do not agree that there is sufficient evidence for us to tag a person who has to endure a failed marriage as being at higher risk for divorce in subsequent unions. That would not be a fair assessment. Further, remarriage rates in Singapore are still relatively low, and there is insufficient data to suggest that divorcees suffer a higher rate of divorce in their subsequent marriages. I appeal to the Minister to reconsider making marriage preparation compulsory for those who had suffered a failed marriage. Divorce is a very painful process for all involved. We should not make it harder for these individuals when they seek to reconstitute a happy family. Instead, I suggest that we strongly encourage all couples to attend marriage preparation before they enter the marital union formally. But before we can do that, we should have in place a comprehensive framework that guides what effective marriage preparation courses must cover. My final concern is with section 50 of the Bill, which specifies compulsory mediation before divorce where children are involved. While I strongly support mediation and other measures that might avert marriage dissolution, I wonder if mediation at this late stage where irreconcilable differences may have already set in may be too late. Sir, may I ask the Minister if mediation is already in place now for divorce petitions? If so, can the Minister share with us data on the number of petitions for divorce that were withdrawn after successful mediation.”
“An effective marriage preparation programme will help married couples anticipate these challenges and equip them with the skills to navigate through the demands. Mr Deputy Speaker, on the discourse of marriage preparation, I have two queries for the Minister. First, does the Minister have plans to develop a framework that will guide the development of marriage preparation courses? Without a framework for assessing quality and validation, it will be difficult to differentiate effective programmes from the rest. The paradox of familiarity that is often associated with discourses relating to the family gives the illusion that marriage and family issues can be addressed by anyone, just because they are familiar topics in our everyday lives. But that is indeed a misperception. Given that this Amendment Bill seeks to make attendance at marriage preparation courses compulsory for specified high-risk groups, it is essential and critical that we have in place clear guidelines on what must be expected in an effective marriage preparation course. My second query concerns the existing marriage preparation programmes. How are these currently evaluated and do we have a database that documents which programmes have a higher success rate in sustaining marriage? If not, will the Minister consider setting up a comprehensive database that tracks outcomes of marriages that have gone through the respective courses? A more serious concern I have with section 12A is on the definition of who is at risk for divorce. While I appreciate the need for minors to attend compulsory marriage preparation courses to raise their awareness of the demands of marriage and to equip them with life skills that will help sustain the marital union, I disagree that we should place divorcees in the same category.”
“This will help to ensure that the non-citizen spouses are properly integrated into the Singaporean culture and way of life and that a non-citizen applicant is fully aware of what their immigration status will be when they marry a Singapore citizen. This will also help the Singapore citizen and the non-citizen parties to better understand each other's expectations in marriage. With this, Mr Deputy Speaker, Sir, I support the Bill. 5.23 pm Assoc. Prof. Paulin Tay Straughan: Thank you, Sir, for this opportunity to share my views. This Amendment Bill covers, among other issues, measures to address divorce and its impact. With your permission, Sir, I would like to focus my comments on the proposals relating to divorce. The new section 12A highlights the importance of marriage preparation courses for those who are deemed to be at high risk for divorce. For this group, the Amendment Bill specifies that they must attend compulsory marriage preparation classes before the marriage licence can be issued. I have no issue with the emphasis on marriage preparation courses. Based on research I conducted in Singapore on marriage and divorce, there is evidence that suggest the significance of marriage preparation in sustaining marriages – both the formal courses as well as through informal preparation that invokes discourses with social support networks. It is not easy to nurture and sustain a happy marriage. As partners progress through life cycle, expectations of couple-hood will change with the emerging needs of the persons involved. What we expect of marriage in the initial stages of courtship will be quite different when we face the challenges of parenthood. And our demands of our spouses will again be quite different as we age together.”
“It misleads by giving the impression that women are solely or primarily responsible for the family, which is not what the Women's Charter is. It also gives the impression that it is a statute that protects wives against husbands and that husbands have fewer rights than wives in Singapore. In the same vein, it gives the impression that it is the only legislation which offers legal protection to women. The change of the name to "Family Charter" will remove these widely held misconceptions, in particular, the inaccurate impression that family law favours wives over husbands and women over men. It does a disservice to the society and families in Singapore. By the same token, husbands are not entitled to apply for maintenance from their wives under the Women’s Charter. The amendments do not change this position. I urge again that this position be changed to allow husbands the right to apply for maintenance in appropriate cases. For a start, it could be confined to situations where the husband is sick or incapacitated and cannot work at all and he has to rely on his wife for a living, but he is not receiving any financial help at all from a wife who can well afford to give him some money. The introduction of a marriage preparatory course is a good start to give intended spouses a right perspective of marriage and how to sustain it for better or for worst and, more importantly, for life. However, these courses should be made mandatory for the Singapore citizen and non-Singapore citizen couples in all the four official languages.”
“The users do not seem to have to pay an agency fee whilst the agency is funded by fees collected from the defaulters. The agency administering the programme does not only administer and collect claims. Where the default is due to the defaulter being out of a job or facing some short-term financial crisis, the agency can facilitate parties to arrive at arrangements where payments are temporarily restructured to give the defaulter some flexibility in making payments. Thus, the Court Order remains intact but the payment schedule is adjusted to provide flexibility. The British Columbia government has outsourced the debt collection and administration functions to the private sector. It is thus recommended that the Women’s Charter could be amended to impose late interest on maintenance arrears or, alternatively, that the Court can be empowered to impose late payment interest. This will serve as an incentive for punctual payment and also compensate the claimant for the delay in payments. Next, I would like to repeat what I have asked for during the COS debate on MCYS in 2010 where I urged the Government to consider renaming the Women’s Charter, the "Family Charter". The Women’s Charter contains the rights and responsibilities of the parties to a marriage and it covers every conceivable aspect of marital and family law – registration and dissolution of marriages, division of matrimonial assets, maintenance provisions and the welfare of children and protection from family violence. The "Family Charter" is a more accurate and appropriate name for this important piece of legislation. The name "Women's Charter" is no longer significant in today’s Singapore as it was when it was introduced in 1961.”
“Mr Deputy Speaker, Sir, as a family law practitioner, I applaud the slew of measures introduced in this Women’s Charter (Amendment) Bill. Most family law practitioners, Family Service Centres’ social workers and members of the women's organisations that I have spoken to like the enhancement on enforcement of maintenance orders which is much needed to protect the claimant who, inevitably, is a single mum struggling to maintain her job and to take care of her children. However, there is a defect which we thought should have been made good. Most times, employers do not allow the claimant to take unpaid leave and when she does, she also has to incur costs to go to the Family Court repeatedly to enforce payments in arrears. Usually, it is these multiple trips to the Family Court that wear down the claimant and cause her to forego her right to claim maintenance for herself and her children as provided for in the Court Order. As such, we are disappointed to note that the current changes do not seem to make it any easier for the claimant by dispensing with the requirement that she has to go to the Court for enforcement. One possible solution is for the Government to consider the establishment of a central body to administer maintenance payments and to facilitate the collection of outstanding payments, with powers to access information from Government databases, similar to the powers given in the recent amendments to the Maintenance of Parents (Amendment) Act. There are several models of such agencies in the world, some of which have been very effective in administering the collection of arrears. For example, the British Columbia Family Enforcement Programme is an opt-in system which appears to be highly effective.”
“Further, with the growth of new media and rampant use of the Internet, I am also keen to know how issues regarding the giving of advice on care or treatment by allied health professionals via the Internet will be dealt with as the level and quality of advice and care will differ and vary. I would also like to know why this Bill exempts chiropractors. The Chiropractic Association (Singapore) is a voluntary organisation and as such, membership is voluntary. It can self-regulate its members but if the rogues of the profession either terminate membership or are ineligible for membership as their business practices fall outside its standards, there is no way to rein them in. The Bill delineates the scope of practice of scheduled professions and chiropractors feel that there is a lot of overlap between physiotherapists and them. While chiropractors say that they do not call themselves physiotherapists, they are understandably concerned that they do not lose the right to perform procedures that they have been duly qualified to perform in accredited courses due to their exclusion from the Bill. It would be good if the Minister could enlighten us. On this note, Sir, I support the Bill.”
“By the same token, with this new Bill, allied health professionals can now be subjected to disciplinary proceedings if their actions or behaviour fall short of accepted standards. Unfortunately, from an allied healthcare professional's perspective, with a robust regulatory and licensing framework comes the need to safeguard themselves from discipline, litigation and malpractice issues just like doctors and lawyers. As such, there should be a need for such professionals to be covered by a compulsory professional indemnity insurance which must be low cost as many of these professionals, in particular the new hires, may find this insurance exceedingly onerous and costly. In particular, those operating on a freelance basis and not employed or attached to any major healthcare institution or establishment will also find this an added financial burden. From these allied healthcare professionals' perspective, they would want to know if there are any safeguards to protect them in cases where trigger-happy patients lodge complaints which are frivolous. There is also a question of who can represent these allied health professionals if they are called before the regulator or disciplinary body to answer any complaint or charge. Although the Bill sets up a system to handle complaints, it should be a definitive and transparent system for complaints management and discipline so that the allied health professional, patient, regulator, the Ministry of Health and the public can withstand close scrutiny whilst at the same time uphold the profession, rule of law and natural justice.”
“Mr Speaker, Sir, the introduction of the Allied Health Professions Bill is indeed timely as we prepare for the imminent challenges of a fast growing healthcare industry in Singapore. Increasingly, allied health professionals will play a greater role as they are a key pillar in any healthcare institution working alongside doctors, nurses and other ancillary staff. It is foreseeable that the demand for their services will also rise across our private and public healthcare institutions. With the registration of such professionals in the likes of nurses, pharmacists and doctors, there are inherent issues which need to be considered with the introduction of this Bill. From a public or the patient's perspective, it is essential that this group of healthcare professionals who have direct contact with patients and service users provide high quality care. Through this Bill, quality of care will be strengthened if comprehensive arrangements are put in place that require allied health professionals to meet lucid, minimum standards of practice, codes of conduct and pre-registration training before they can be registered and licensed. It will, therefore, be an important element of the new regulatory arrangements to establish clear criteria, in terms of qualifications or experience for admission to the register. There should also be clear procedures to manage those who fail in the registration and the readmission process. I believe quality of care will surely be strengthened if they are required to meet specified training and practice standards which extend to post-registration as well as strict continuing education and training requirements whether on an on-going basis or periodically.”
“When I advise divorced women to seek maintenance from their ex-spouses, I always tell them solemnly that, even though their ex-spouses have neglected to pay maintenance fees, they should not let their children use this as an excuse for not providing for the ex-spouse in the future. Of course, the children have the right not to provide in this case. But people change all the time. There could be many reasons why the ex-spouse defaulted on the maintenance. Filial piety should not change because of all these. I am glad that among the cases that I have handled, there were many where the children did not refuse to provide for the parents even though they were deserted when they were young. They are still filial to their parents because, as they say, they will not be brought into this world without their parents, nor can they have a childhood or be educated without the parents' care. I mention all these examples to reiterate solemnly one more time that children should try to understand their parents, to forgive the wrongdoings that the parents had inflicted on them and resolve their disputes amicably. If they have to go the Tribunal, they should not hesitate to go through mediation and counselling. I hope they can let go of their grievances. With that, Madam Deputy Speaker, I declare my strong support for this Bill. Assoc. Prof. Paulin Tay Straughan: Thank you, Mdm Deputy Speaker, may I respond to Ms Ellen Lee's point?”
“Instead, what we call for is an open heart and forgiveness, and love and care for one's parents when they are old. It will be too late to lament that "parents are not longer around when you want to provide for them (子欲养而亲不在)". The Maintenance of Parents Act is not a contract that requires the children to sign an agreement with the parents, promising to maintain them when they are old. We do not need contracts like this. Providing for one's parents should be human nature, a feeling that one should naturally possess. We should build the bond between parents and children starting from an early age. We should educate our young to be filial and respect their parents. Old people have self-respect and self-esteem too. Only when they are totally helpless do they ask for money from their children. The majority of the cases handled by the Tribunal are like this. Therefore, we do not have to worry that unscrupulous parents would use the Act to blackmail their children. If someone decides to remain single, or a couple decides not to have children, then that is their own decision. We should not blame the Act for it if they make that decision. Even if these people are highly educated, it would be a waste of time if we try to reason with them why they blame a simple Act for their own choice of life. As a divorce lawyer, I often advise my clients, very sincerely, that they should not let a broken marriage damage the image of a parent in the children's heart. The disputes between adults should not affect the children. One should not use his or her unhappiness in the marriage to influence the children or turn them against the spouse.”
“I feel that even if this legislation is wrong, most Singaporeans would wish that we would rather be wrong than letting those people who have deserted their parents off the hook. If these people walk away free, then where is the justice? I do not think we should feel ashamed of having this legislation and feel embarrassed in front of other countries. They might ask, "Why does Singapore, a country with a living standard close to that of the First World, need to have such a law?" We are not afraid to admit that there are unfilial people among us. We should not close one eye and pretend that all our people are filial and will automatically fulfil their duty as children. What should really make us feel ashamed is hiding behind the reality and pretending that there are no unfilial incidences. We are cowards if we cannot stand up for these deserted parents and simply cover up the facts. If we can pass laws to deal with school bullies and road bullies, why can we not take bold steps to deal with those ungrateful children who cheated their parents of their "blood and sweat money" with sweet talk and then just disappeared? If we allow this to happen, then, I ask again, where is the justice? Those parents who do not need the protection of the law should not stop others from seeking help. Generally, by the time applicants start to seek help from their children, they are already in a dire situation. So, they are truly in need of their children's support. Even if they are able to receive community support, they still hope to get in touch with their "lost" children to mend their broken relationship. As several of my MP colleagues have said, we are not asking the children to simply grin and bear.”
“[For vernacular speech, please refer to Appendix A *.] Mdm Deputy Speaker, I am a member of the Workgroup. I am glad to take this opportunity to state my support for this amendment. We have heard so many different views and opinions. Altogether, there are 16 members, including myself, who support this Bill. It does not matter that NMP Assoc. Prof. Paulin Straughan has an opposing view. At least, she provided another perspective. She lets us know various people's misunderstanding and unhappiness regarding this amendment Bill and the Act. The purpose of this amendment Bill is not for the helpless or deserted parents to go to the Tribunal to measure how much they have invested in raising their children, either financially or emotionally, and try to get the investment back from *Cols. 1829-1834. their children. If this is the case, we cannot support it. Indeed, there are no such provisions in the Act. The Act only provides that when a parent files an application, he must make it clear how much are his basic living expenses. The Tribunal will judge, based on the income and assets of the children and after deducting the children's own and their family's living expenses, whether there is money left to give to the parents as maintenance. If not, the Tribunal will not force the children to maintain their parents. Instead, the community support network will be tapped to help the parents. I cannot agree with Assoc. Prof. Straughan's argument that people cannot choose their parents; therefore, they cannot be asked to provide for their parents even if they are financially able. Hence, legislating parents' maintenance is wrong.”
“Without casting aspersions on the Police force which I have got the greatest respect for, the Minister mentioned that Mas Selamat had not been in contact with this family for a number of years or for quite sometime, and the fact that four persons had been able to maintain their cool, when they were interrogated shortly after they had let Mas Selamat out of their house, would have shown that perhaps the interrogation process had been perfunctory or because the manpower was stretched that less than competent officers had been deployed to get in touch with these people. So, I am just wondering whether or not this would be part of the review that will be in process as well as to what sort of officers must be deployed for criminals, especially people like Mas Selamat, if at all such a thing should happen again. I hope not.”
“However, I submit that NEA can re-visit and re-examine the areas where smoking can be further curtailed through public consultation and to augment the current enforcement efforts to resolutely curb smoking in areas where smoking is prohibited. Ask any HDB dweller and he or she will tell you that smokers are still seen in lifts and many common spaces in the heartlands where smoking is actually prohibited under the new slew of prohibitory measures. I know a total ban is not possible but can and will legislation be introduced to prohibit smoking in void decks, common corridors, apartment lift lobbies and common spaces in the heartlands? I know many non-smokers often suffer in silence when forced to inhale second-hand smoke, including smoke from neighbours who live in close proximity. I speak for them and hope we can do more. Sir, with these considerations, I support this Bill. 4.10 pm”
“This new Bill augments the efforts to minimise this problem but my personal thoughts are whether the current education programmes or enforcement machinery are sufficient. If yes, why is there a trend towards rising number of younger smokers amidst our population? On my second point, I recently received an email from a resident of mine whom I shall call "A". He lives in an HDB flat with his wife who was recently pregnant. "A" has a neighbour, whom I shall call "B" who lives next to his unit and both "B" and his wife and their siblings living in that unit are smokers. They do not smoke inside the unit as they have a child inside, but they smoke at the corridor. Despite numerous requests by "A", the occupants in "B"'s unit continued to smoke. "A" approached "B" and his wife but was told off that there is no law to curb smoking in the corridor. "A" tried to call NEA and NEA gave the same reply that there is no ban on smoking in corridors. "A" and his wife were highly distressed by this incident. Sadly, "A"'s wife had a miscarriage recently and lost the baby. "A" attributed it to the smoke, distress and depression caused by their inconsiderate neighbour "B" and asked me to voice it out and help him stop this problem. I can empathise with him. It is a sad loss. Though the cause of the miscarriage may not be easily proven, I opine that we can do more to help the majority of 86% of the populace (who do not smoke) so that they do not have to bear the brunt of having to face the harmful effects of second-hand smoke. We have come a long way after we started to ban smoking in certain public establishments and selected public places.”
“Mr Speaker, Sir, I commend the Minister for Health for introducing this Bill in Parliament and augmenting on the previous Smoking Act. It is indeed heartening to note Singapore’s achievements in the past few decades in its fight to stay smoke-free and control tobacco and smoking across the island. It is laudable that we are 14% in terms of smoking prevalence, one of the lowest in the world. I support the drive towards curtailing smoking and introduction of further legislation to control advertisements and sale. In particular, it is imperative for our legislation to stay relevant with the advent of smokeless alternatives and new designer tobacco and nicotine-related products which may at first instance appear harmless but can have long-term ramifications and affect our populace, especially the young. Nevertheless, I have two major concerns which I hope to echo in my short speech on this topic related to smoking and tobacco use. Firstly, I am particularly concerned with the fact that more young adults are becoming smokers and also the issue of underage smoking. Secondly, I am concerned with the fact that although we have only 14% smoking prevalence, the majority who are non-smokers are still having to face the brunt of second-hand smoke which is medically known to be just as harmful. I am aware we have been embarking on concerted outreach to youths and the young on the ills of smoking as well as tightening up enforcement of sale of cigarettes and tobacco to those underage. But is there more that can be done in terms of enforcement against underage smokers as well as convincing our youngsters to skip and quit the habit?”
“This will be in line with the practice of many jurisdictions who have entrenched this right to be informed of one’s right to counsel. In conclusion, I am glad to note that this Bill seeks to introduce many forward-looking changes to enhance and uphold fairness and justice in the criminal legal and judicial process. Sir, I support this Bill. 3.10 pm”
“This invites worry as most people question whether there is "excessive" prosecutorial discretion. Should it not be better to let the power and discretion remain with the Court so that the Court can make its decision based on all facts and submissions made by the defence and the prosecution? In this Bill, private persons may now commence prosecutions before the Magistrate’s Court without the involvement of the public prosecutor for offences which are punishable by fine only or offences which carry a maximum term of imprisonment of not more than three years. Currently, many Singaporeans still do not know that they have this recourse of private prosecution available to them. Apart from having to create awareness of this right through public education, I wonder if this change will necessarily be a good thing as it will in effect be encouraging people to resort to prosecution as a means of settling a score rather than considering meditation or other non-litigation processes now in place to discourage litigation. This constitutional right to counsel, enshrined in Article 9(3) of the Constitution, has been well entrenched. However, I believe many have argued for greater clarity in light of decisions made in our highest Courts that there is no right to be informed that one has such a constitutional right. I therefore urge that the Ministry seriously consider the right to counsel to be incorporated as an integral part of the CPC with detailed provisions marking the extent of the right to be informed of the right to counsel. It would be counter-intuitive to have a right to counsel without also clearly stipulating when the accused is to be informed of his right to consult a lawyer and how he can go about contacting a lawyer.”
“This new discovery process is a major paradigm shift and will strain both the defence who will have to meet deadlines for requests and also the prosecution which, in some cases are not only the Police, but enforcement agencies and Government Ministries who carry out prosecutions. For this to be meaningful in achieving justice, especially for the defence, there should be sufficient time for both sides in the implementation of this new move. Most importantly, the roll-out should be seamless and all parties must be equipped with the procedural requirements. In fact, if the procedure can be simplified, such as in terms of using standard forms and precedents for the discovery, it will be even more expedient and cost-effective. I take cognisance that the new Criminal Case disclosure procedure will initially apply automatically to High Court cases and the majority of offences tried in the District Court and, that for offences in the Magistrates Court, the procedure will be available through an opt-in mechanism if all parties agree to it. In my opinion, this new process of discovery should apply to all criminal hearings instead of making it an opt-in process at the Magistrates Court. This will ensure uniformity and consistency in approach. It is also worthy of note that the defence will not get the witnesses' statements as part of this document exchange. Perhaps the rationale for this should be better explained as it goes against the grain of full discovery. The proposed changes will effectively remove the role of the Court as the final arbiter or decision maker as to whether an offence is compoundable. The proposed changes will grant such discretion to the public prosecutor who will also be empowered to set such terms and conditions as he thinks fit.”
“Mr Speaker, Sir, I wish to address this House on some of the proposed amendments to the Criminal Procedure Code. I can see that the Ministry of Law has taken some bold steps in this set of amendments and has attempted to move our criminal legal system progressively forward in several important areas. I speak in support of the amendments. However, I wish to draw the Minister’s attention to certain areas or aspects which I feel more clarity and certainty can be imbued into our progressive criminal legal landscape. The new community-based sentencing options, in particular the new "Short Detention Order", "Day Reporting Order" and "Mandatory Treatment Order" are laudable and I particularly liked the fact that once the sentence is served, it is "spent record" or erased from the offender's record. It is noted that some of these options are meant to prevent moral stigmatisation. As such, it is therefore important how such options will be implemented, that is whether the hearings will be held "in camera" and whether the serving of the offence will be out of public and media view as well as the confidentiality of the identities of these accused persons will be protected when they are serving out their sentences in various "community" bodies. I note that some elements of the civil discovery process are now being introduced in the criminal law arena. With the new Bill, both the prosecution and defence must now exchange documents called the Case for the Prosecution and for the Defence. This comes with certain conditions imposed on both parties and especially the defence before they are entitled to be served the relevant documents by the prosecution.”
“There are dissenting views that the Bill, by mandating that the will of the requisite majority would prevail over the will of the minority, even in respect of ownership of private property, has already impinged upon the concept of free market forces which in essence should be based on 100% consent as was the case prior to October 1999 when the previous Bill was gazetted. However, free market forces cannot be given full rein in all circumstances especially when it affects larger national and communal needs. It is believed that once this can is opened, it may unleash different worms with a new set of forces that justify recalibration to counterbalance them. Looking at the frenzy that surrounded en bloc transactions in the recent two years, it is clear that one of the key factors for the potential developer-buyer astronomical bidding price is the residual land value which en bloc legislation may be unwittingly unlocking for the developer-buyers more than for the homeowners. I wonder if the Ministry could clarify if this perspective is correct. With these considerations, Sir, I support the Bill.”
“Compounding all of the above is the business reality that valuers depend on agents, lawyers and developers for their professional appointments and business referrals on an ongoing basis, whereas the valuer acts for the en bloc estate only once. Would the present Bill's framework serve to pre-load the dice against homeowners? En bloc sales also have harsh social impacts on the elderly in our society. I am also referring to the same National University of Singapore (NUS) research project entitled, "The Impact of Collective (En bloc ) Sales on Older People and Community Building" undertaken by Assoc. Prof. Alice Christudason and former NMP, Assoc. Prof. Kalyani Mehta, that my fellow Member, NMP Assoc. Prof. Paulin Tay Straughan, has mentioned earlier. It stated that older persons who had lived in the estate for about 20 years or more were often negatively affected by the whole process of collective sales. And I shall not repeat all that she has mentioned earlier. In view of the various and numerous contentious issues that have arisen out of this phenomenon, it would be good to have more information made available to homeowners who require clarification about the collective sale process as they are likely to be facing en bloc for the first time in their lives at an advanced age and most are at a loss as to what to do next. This can reduce misconceptions and provide homeowners with a basic understanding of collective sale and their rights. In the light of all these, it is imperative that en bloc sales should be handled with utmost care and resolute Government intervention to protect homeowners and where education should be the desired approach instead of leaving it purely to free market forces.”
“Once the reserve price is hit (despite the fact that such reserve price could potentially have been set some 18-20 months ago), the Sale Committee may be wary of aborting the sale even though they realise that the market run-up has made such reserve price out-of-sync because the valuation report would not reflect run-up as it would be based on values prior to the run-up. For the valuer, given the legacy issues created by the Commissioner of Buildings, pre-April 2005, where the bandwidths for share values were set at a wide 100 sq m interval and the typical composition mix in most estates where big-unit owners are outnumbered, it is natural that the line of least resistance would be exploited by the Sale Committee, agent and small-unit owners even though it defies equity and transparency. Hence, with 80% or more of the owners pre-agreeing to an apportionment method set without professional basis and locked into the CSA, no valuer would commit professional suicide to say upon close of tender that the apportionment method in the CSA was improper. All the more so when the valuer knows that the agent and lawyer would have spent time and money for potentially up to 18-20 months of marketing the estate, marshalling consent, drafting legal documents, witnessing CSA signatures, attending EOGMs, etc, and if the sale should fail because of valuer's dispute with the apportionment method, the valuer knows that no fees would be paid to the agent and lawyer. By close of tender, the potential developer-buyers would also have spent time and effort to evaluate the project before bidding.”
“The re-affirmation document could then be collected by the property agent for consolidation by the lawyer or returned direct to the lawyer via registered post (or fax to be followed by post) within a stipulated period from date of dispatch. The level of re-affirmations should meet the requisite majority consent level but need not match the previous consent level. There could also be a deeming provision that non-return of such document by the specified deadline would be tantamount to re-affirmation. For practical reasons, I can appreciate why the Bill mandates an independent valuation report only upon close of tender, although that would clearly mean the two key factors, ie, the reserve price and the apportionment method that determine the level of majority consent were set without professional basis. As these two factors are inscribed into the Collective Sale Agreement which is mandated for a long lag time of up to 24 months to lock-in the majority consenters, will the Bill be, in fact, putting the Sale Committee and the valuer in a bind? For the Sale Committee, as proven in the Horizon Towers en bloc fiasco, the Sale Committee volunteers could be potentially ensnared into a situation of "damned if you do and damned if you don't". When the market is likely on an uptake to spark en bloc interest, it is naturally in the interest of the no-sale-no-fee property agent to recommend to the Sale Committee to launch tender just before any likely market run-up in order to secure a sale as opposed to launching a tender at market peak.”