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?”
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“As such, it is imperative for the Official Assignee to examine each application for leaving Singapore by bankrupts carefully, expeditiously and with sound judgement and reasoning, so that we can balance the interests of the debtor and the creditor, thereby serving societal interests as well. Where we encounter sincere and genuine bankrupts (based on their background, circumstances, current situation and the amount of debt owing), we should try to help them get back on track. With that, Madam, I support the Bill.”
“In the same vein, the Official Assignee should be more transparent by giving clear reasons for rejection of overseas travel, so that whatever conditions that may be lacking could be addressed and satisfied. This would be more productive in today's competitive world. We should make the best use of our manpower and not let these undischarged bankrupts - many of whom are able, educated, talented people - be demoralised, sink into depression and gradually disappear into oblivion. We should not be afraid of "exporting" them and letting them return to the corporate world to start all over again, as I believe the true entrepreneurs amongst them will surely make a comeback. There are living examples of individuals who have bounced back to being successful. One good example would be Mr Fong Kah Kuen who is currently the Chief Operating Officer of listed company Xpressprint Holdings who bounced back from near bankruptcy when he managed to get his debt restructured. At present, the bankruptcy laws against bankrupts who leave jurisdiction without permission from the Official Assignee attract punitive punishments. I am proposing that the authorities take a proactive stance so that would-be or potential offenders against this provision of the Bankruptcy Act do not commit the offence (especially for the genuine cases) through a simple way of enhancing the immigration exit and entry systems. This will avert time wastage and man hours expended in conducting investigations and prosecutions. By the same token, I take cognisance of the creditor's predicament.”
“The whole family suffers along with them. Besides society, their own family members including their children also look down on them as they blame them for the loss of comfort and lifestyle. A very common reason offered by these bankrupts for travelling without prior permission was that they had encountered so much delay, uncertainty and red tapes, including being looked down or humiliated by the Official Assignee's staff processing their application. Hence, rather than wring their hands in despair waiting for rejection and end up even poorer and with no prospect of having their bills paid, they might as well take the risk of being caught later and seize the opportunity extended to them, so that they can earn the money, support their families and, hopefully, have some money to discharge themselves from bankruptcy. In view of the high-tech that our Government is equipped with, I suggest that the Official Assignee allow such approvals to leave jurisdiction to be obtained online and approvals granted could be contemporaneously or simultaneously routed to or updated with the Immigration and Checkpoints Authority (ICA). If both the Official Assignee's computer system and the ICA's database system can be synchronised (just like OSCAR for update of NRICs and Police Gazette for screening of criminals), bankrupts can then be prevented from leaving Singapore at the very first instance. This will avoid the embarrassing situation of arrest and the full brunt of the law being brought to bear upon their return. Currently, by allowing them out of Singapore's checkpoints, the impression that these bankrupts have is that they are allowed to travel as they are not stopped when they attempted to leave the country.”
“Unfortunately, the jobs often require them to work outside Singapore and to travel as well. Prior permission from the Official Assignee is needed before the offer could be accepted but often times the approval is not granted or granted in time, before the offer lapsed. I humbly ask the Minister to seriously consider the plight of these bankrupts who genuinely want to leave Singapore to embark on decent work to make a living and to repay their debts. This is particularly true of those who were sole breadwinners in their family prior to their bankruptcy and could have fallen into the bankruptcy trap because they had guaranteed loans or stood as sureties for their spouses, loved ones or friends, and could not meet the repayment obligations. Let me relate a true case encountered at a MPS before I became an elected MP. A wife stood as guarantor for her husband's bank loans. When his business failed, both were made bankrupts. The husband disappeared and she was left to support five schooling children alone. She took on several odd jobs. Once, she was offered a well-paid job by an employer from a third world country that needed her to travel every now and then. She applied for approval to travel but did not always get the duration that she needed. In one of these applications, she misread and misunderstood the period approved and committed about 33 technical offences of travelling without approval. After representations made on her behalf, the prosecution proceeded with a few of the charges. She was jailed for three months. I suggest that rules be eased to allow genuinely motivated bankrupts greater latitude because if they continue not to be able to support their families, they would eventually break down and suffer mental distress or depression.”
“Madam, I commend the Ministry on its timeliness in introducing the Bankruptcy (Amendment) Bill. The present Bankruptcy Act was enacted in 1995, repealing the earlier Act, to improve the administration of the affairs of bankrupts and to protect creditors' interests without stifling entrepreneurship. I am happy to note that this Bill will introduce a debt repayment scheme to allow wage-earning debtors with unsecured debts of less than $100,000 to avoid bankruptcy by repaying his/her debts in accordance with a debt repayment plan. I laud this pro-active approach as it will not only help wage earners with smaller debts to avoid the social stigma and restrictions that follow bankruptcy but also help small and medium enterprises to continue to survive in the current economic crisis. Although I support the introduction of the Bill, I wish to highlight another area of the law and related policy which I hope the Minister would review and re-examine as it is encountered by many undischarged bankrupts. There was a Straits Times article not too long ago that had highlighted this problem of bankrupts leaving Singapore without the requisite approvals. This problem appears to be quite widespread amongst the bankrupts in Singapore. I have personally encountered some such cases at my Meet-the-People sessions. Many bankrupts have complained to me on the highly onerous and often cumbersome rigmarole which the Official Assignee imposes on them before they can embark on any travel outside of Singapore (including Malaysia). Inevitably, these bankrupts have found it very hard to find jobs in Singapore due to the stigma of bankruptcy. They therefore extend their search overseas and more often than not, those with experience and skills are most sought after.”
“These innocent residents’ mental torture, their fear for the safety of their young, women and elderly alone at home and the attendant sense of helplessness are very heart-wrenching. They must not be made to suffer the default of the irresponsible borrowers by bearing the indignity of having acrylic paint splashed on their doors and windows, and graffiti in the lifts and common corridors shaming the innocent occupants of the unit and their neighbours. These unfortunate victims and I are heartened that tougher punishments, including caning, will be introduced to send a deterrent signal to illegal loansharks who think and behave as if they are above the law because they have succeeded in evading arrests by using runners. I sincerely hope that the Police, with the help of the community, can continuously monitor the situation and respond quickly enough to curb illegal loansharks’ harassment tactics. Police presence at the scene is reassuring to these victims that the police are taking their complaints seriously and police advice on how to protect the victims against recurrence of the harassment tactics would go a long way to deliver the message that the Police do care. With that, Mr Deputy Speaker, Sir, I support the Bill.”
“They need the financial help and the loan, but they also need financial education. Under the Bill, all moneylenders who grant secured and unsecured loans to the public will be licensed and regulated. Arising from this approach, exempt moneylenders who currently operate under an exemption to grant personal loans will be licensed and regulated. This is a positive step forward to ensure that such institutions are well regulated and do not ultimately affect our social compact and fabric. As such, I urge the authorities keep close tabs on the lending activities of these institutions, investigate and rein them in as soon as complaints of fraudulent or malpractice are reported. I want to touch on the pervading issue of illegal harassment by loansharks. At the last sitting on 21st October 2008, DPM Wong Kan Seng replied in writing to a question from my parliamentary colleague, Mr Lim Biow Chuan. He mentioned that the number of illegal loanshark harassment cases is on the decline. Police have also taken proactive measures to tackle the problem on the ground. DPM Wong explained that whilst some progress is made, the problem of illegal money lending is not easy to solve. Loansharks evolve their modus operandi to elude detection and arrest, and syndicates are difficult to break down. He admitted that breaking down the entire organisation is a painstaking and laborious process. I sincerely hope the amendments will arm the law enforcement agencies with added muscle to deal with the harassment. On my house-to-house visits, I have met some new owners of resale HDB flats and their neighbours who have been victimised by the loansharks’ runners.”
“Mr Deputy Speaker, Sir, although I support the Bill, I have concerns. This Bill comes at a time when our economy is rapidly slowing down and a tight credit crunch is imminent. There will be much more moneylending activities, both legal and illegal. This Bill will remove restrictions on moneylenders operating from only one location, and moneylenders can now advertise. I am concerned that this relaxation will signal that moneylending activities are now decontrolled. Small-time borrowers, who always rely on the Government to control moneylenders, may then become complacent and enter into such transactions under a false sense of security. Moneylenders or their agents may think likewise and encourage borrowers to seal the deal. It becomes just like the financial products sold by financial institutions which have shown how vulnerable people are when it comes to money sense. Notwithstanding the safeguards requiring the moneylender to give the borrower or his agent a written notice of the terms and conditions which the borrower or his agent must sign and acknowledge, the difficulty is whether to allow the borrower or his agent to repudiate the acknowledgment when they claim that they were not given a chance to read or understand the terms and conditions but that they were forced to sign the acknowledgment, otherwise no loan would be granted. The proposed new rules on unsecured personal loans to the public, applicable to moneylenders, must safeguard our people from the curse of mounting debts. Even as interest rate caps will only be prescribed on personal loans up to a stipulated amount, there must be even more pro-active measures to protect and safeguard the interest of the vulnerable low-income, low-education group and the elderly.”
“I would just like to ask the Minister whether in the process of consultation and seeking more clarifications and dialogues, he would consider asking the public to come out with a better name for this device because "Advance Medical Directive" is quite a mouthful for the ordinary layman. Even in Chinese,yu xian yi liao zhi shi was also a mouthful for a lot of people. In a recent dialogue that I was involved in, most people got quite confused and did not really understand what it means. The other point is that compared to euthanasia, it is quite a high-sounding name. But in Chinese, it is called an le si, so that will strike people because it is easier to remember as it refers to death and it comes much easier. So would the Minister mind doing a public consultation for a name for this particular directive?”
“Yes, thank you. Column No : 524 RECENT DEATHS OF NATIONAL SERVICEMEN (Additional preventive measures) 14. Mr Siew Kum Hong asked the Minister for Defence in view of the three deaths of National Servicemen during training this year, whether the Ministry intends to implement any additional measures to prevent such deaths.”
“Sir, actually, the Minister has already answered this question in his earlier reply.”
“Sir, instead of investing overseas long term and then suffering the volatility of the market, would the GIC consider investing in our local SMEs and our local entrepreneurs instead, particularly when we know that the economy is slowing down and the prospect is projected to be bleak?”
“If this can be lowered to, say, 40 years old, it would allow the build-up of a more significant nest egg for the non-earning spouse or parent; (5) CPF members making cash top-ups to relatives under the CPF Minimum Sum Topping-Up Scheme at present, will enjoy tax relief of up to $7,000 per calendar year. This $7,000 ceiling can be raised further as an incentive to encourage such contributions. In order for the contributor to qualify for tax relief for cash top-ups to their family members, recipients must earn $2,000 or less in the preceding year. This criterion should be reviewed as it does not incentivise members to top-up accounts for relatives who have some income; and (6) Last, but not least and most importantly, the law must also ensure that the CPF savings and the MediShield coverage – once contributed – should belong solely to the recipient member and not form part of the matrimonial assets that can be ordered for division between spouses upon divorce. Sir, with that, I support the Bill.”
“With these two groups of vulnerable people, there is now an even greater need to reach out to them to ensure that they stay financially and physically able through the CPF retirement account monies, CPF LIFE, Medisave and MediShield. It is an economic and social imperative to provide this basic social safety net for them to ensure their financial independence and sustainability for the long term. In view of this, I therefore urge the Government to consider the following in rolling out the new Bill and its policy execution: (1) To have a concrete and sustained 'national' campaign to educate Singaporeans, PRs and their family members, who still do not have a CPF account or MediShield coverage, the advantage of possessing either of these and how to go about doing so; (2) To further motivate and incentivise, the Government should seriously consider allowing even more generous tax reliefs for members for topping up the CPF accounts of non-earning/non-working family members (ie, the spouse, parents, grandparents, older siblings or immediate relatives) and with the maximum limit further increased; (3) Besides cash contributions which can be tax deductible, the Government should also consider further easing contribution through a CPF mechanism that allows deduction from CPF accounts to top up family members' MediShield and CPF accounts and grant consequential incentives for doing so. There should be greater impetus to encourage active CPF members to enroll their medically uncovered older family members in MediShield in order to provide medical insurance for their acute care needs; (4) Currently, the minimum age for the recipient of CPF top-ups is set at 55 years old.”
“Mr Speaker, Sir, before I begin my speech, may I take this opportunity, on behalf of the House, to wish Minister Mentor Happy Birthday and Good Health. [Applause.] Mr Speaker, Sir, the CPF (Amendment) Bill aims to address several fundamental policy issues which, amongst others, include ensuring that the elderly stay physically healthy and financially better off and able. In this regard, I am particularly concerned about two groups of people: (i) The elderly females; and (ii) The stay-at-home mums, also commonly called "housewives" or "homemakers". As we are facing a rapidly ageing population, there is a greater need to provide support for the elderly to meet the rising costs of living and the increasing demand for healthcare brought about by old age. This problem is particularly acute with the female populace as the life expectancy of women is much higher than that of men. While older men and women generally need support from their families, older women in particular, who live longer, possibly endure more years of widowhood and perhaps disability, with little or no income will undoubtedly have to depend more heavily on their children for their livelihood and healthcare. In Singapore, with more men and women staying single or if married but not having children or having fewer children, the problem of support in old age will be further exacerbated. In the same vein, there are also women who have to leave the workforce early in their lives or choose to stay at home because they are married, have children or need to look after their aged or disabled parents or parents-in-law. These housewives are a group of people which warrants our attention as they may face similar challenges in their old age.”
“I therefore urge MCYS to take cognisance of the fact that communication and outreach are of paramount importance in the light of our greying population and the increasing trend of "mental incapacity" cases. In short, I request MCYS, when embarking on issuing a Code or Codes of Practice for the implementation of this Bill when passed as law, to simplify the implementation processes so that the common folks would not find it too onerous. *Cols. 175-176. 5.53 pm”
“Mdm Deputy Speaker, I will speak in Mandarin. (In Mandarin): [For vernacular speech, please refer to Appendix A *. ] The introduction of the Mental Capacity Bill is indeed timely as we anticipate and prepare for the imminent challenges of an ageing population coupled with longer life expectancy. When the draft Bill was circulated for discussion, many groups of people from various non-governmental organisations and self-help groups were consulted. I can see from this Bill that quite a number of the recommendations have been included and feedback considered. I applaud MCYS for this. The Bill has attempted to elucidate the meaning of "mental incapacity" and what is in the "best interests" of the donor and the various instances where decisions can be made on behalf of them. In short, the Bill has attempted to encapsulate comprehensively and make express provisions to cover the various possibilities where a person who lacks mental capacity has to make a decision. This Bill will only be useful for our populace in so far and as long as the common man in the street understands the provisions of this new law when passed. In addition, the various useful recourses provided in this Bill must not only be understood but utilised and executed effectively to give full justification for its existence. As you can see from the recent front page newspaper reports, crimes against the older folks are on the rise. It is therefore imperative that this Bill provides security and has widespread use and reach amongst our people, especially the older folks, to truly prevent abuses and instances where their interests are not guarded due to them sustaining "mental incapacity".”
“Finally, whilst pondering on this proposed amendment, it has set me thinking on whether similar provisions should be extended to all forms of professional practice, where it is imperative that the practitioner is of sound mind and has a healthy psychological state with good judgement. Otherwise, he or she will not be able to act in the best interest of his or her client and conduct himself or herself properly so as not to denigrate the profession. With that, I support the Bill. 3.52 pm”
“Although what constitutes "fitness for practise" and what sort of "physical and mental conditions" should be displayed will remain to be tested, there is a strong impetus for greater elucidation and clarity in this respect. For the lawyer and his family, there will be questions on integrity and confidentiality. Inevitably, such a direction to undergo medical examination will pose more than moral stigma to the lawyer and his family. Even if he is finally adjudged to be of sound mind and fit to practise, there are often the unintended consequences of embarrassment and stigma. Moreover, there are instances where the "unfit mental condition" could be a short-term or long-term problem. Especially in cases of remission or where a lawyer has been deemed "fit for practise" after medication and treatment, how easily could he bounce back and continue in the profession remains to be seen, although the answer is obvious. From a law firm's perspective, I question whether there will be an obligation on fellow partners, directors or colleagues to take steps to prevent an impaired lawyer (at varying stages or degrees of unfitness) in the firm from further acting or appearing on behalf of clients or advising clients. Besides taking steps, will the onus be on fellow colleagues and lawyers to inform the Law Society or the appropriate authority or the impaired lawyer's clients or prospective clients that the lawyer is mentally impaired? Furthermore, there will also be the question of liabilities and obligations that the firm may have when the impaired lawyer leaves the firm or re-joins the firm when he or she recovers. All these are salient considerations which must be addressed so that this new provision will better serve the profession and the people.”
“Mr Speaker, Sir, I join my colleagues in the legal profession, Mr Alvin Yeo and Mr Sin Boon Ann, in contradicting the views expressed by Dr Teo Ho Pin about the legal profession. Many in our profession actually feel that, as lawyers, we are over-regulated and under-protected. And the provisions in the Bill are viewed actually as the minimum protection that lawyers accused of wrongdoing should be accorded, as with any other accused in any criminal proceedings. Mr Speaker, Sir, I rise to support the proposed amendments to the Legal Profession Act. In particular, I wish to speak on the proposed provision whereby a lawyer can be submitted to a medical examination in the event his "fitness to practise" is deemed impaired by any physical or mental condition. The introduction of this new provision which can be meted out on any lawyer deemed physically or mentally unfit has ramifications to the lawyer himself, his family, his firm and his clients. I therefore urge the Minister, in introducing this provision, to take cognizance of the fact that there should be safeguards for the lawyer, his family, his firm and his clients as these are the parties who are affected directly and indirectly as a result of the order or direction for a lawyer to undergo medical examination to see if he is "mentally sound". We have read newspaper reports that the number of cases of depression in Singapore has been on the rise. Mental illness and impairment affects anyone and is rampant. However, the impairment may be of varying degrees. It is therefore important that the profession is well aware of the standards by which medical practitioners will adjudge whether a lawyer's physical or mental condition has affected his "fitness to practise".”
“I have three questions for the DPM. Since independence, MHA and ISD have been quite relentless in their efforts to restore law and order, to keep crime rates low, and dismantled secret societies, amongst others. Since 911, it has also taken on the added responsibility to keep terrorism in check as well. My question is: has MHA taken too much upon itself? Is this the time to also review the tasks and responsibilities of MHA and ISD, so that certain tasks could be undertaken by a new Ministry instead? My second question: WRDC's operations have now been exposed, in a sense, and a lot of details have been disclosed today. Would it now also become a target for terrorist attack? My third question: until now, why does the Government not offer an award for Mas Selamat's arrest?”
“Good and professional social workers are concerned with social problems and they assess the problems presented to them and the impact their assessment has on the individual and the system. Therefore, in short, I do not think that this is a straightforward and easy job. Therefore, I strongly urge the Government to dedicate resources to upgrade this profession and to improve the image and standing of this often neglected sector of our economy. *Cols. 2287-2290. The Social Service Sector Landscape”
“When these social workers are not up to a reasonable standard, the reports they put up can be very harmful and damaging, especially in cases where their reports are relied upon during the court trials. The court requires such reports to decide on whether to grant probation in juvenile cases, divorce proceedings involving custody, care and control of the child in a marriage, and also in adoption proceedings. And in some cases, I know of some fathers who felt that they have been prejudiced against because they cannot see their children as often as they hope to, and they feel that strangers are dictating their lives as far as their children are concerned, after a few interviews. Therefore, I would like to ask the Minister how many of the social workers in MCYS have a degree in social work, or how many of them have been trained professionally in this area. And how many people, not trained in social work, are holding such jobs in the community? If training is required, how much time is needed to train someone who has no background in social work? I am aware that a social worker has to have a degree in social work to practise, but I have received feedback that there are agencies which employ people from various disciplines as social workers. These people take up counselling courses, some as short as three to four months, and then become a counsellor. If this is true, is the training sufficient? A distinction must be made between the two – counsellor and social workers. Social workers do case work, and they are trained in generic counselling, but counsellors do not do case work. It is not as simple as interviewing people and putting up reports and the case is closed for filing.”
“(In Mandarin): [For vernacular speech, please refer to Appendix A *. ] Sir, a social worker friend recently shared with me her plight. She hopes to see some improvements in the professionalisation of the social work profession. I was at first very puzzled. Why? This is because, last year, the Government had injected $12 million into the voluntary welfare sector. This is to boost the social workers’ salaries and provide upgrading programmes for them. But after talking to some of them, I realised that it is common for social workers to be treated as merely volunteer workers doing community work instead of recognising them as professionals. Therefore, many social workers still feel that more can be done for them to enhance their image and improve their profession. Many feel frustrated with the profession and they leave the job to pursue other careers. Last year, MCYS rolled out plans to put in place a social worker accreditation scheme. Besides accreditation, MCYS has also put in place various initiatives to help to enhance the professionalism of social workers. I know that it takes time to upgrade the social workers’ image, but how long can we afford to wait? We know that a social worker’s work has great impact on peoples’ lives, especially those involved in court cases. The nature of a social worker’s job is not as simple as a 9-to-5 work. It requires fine assessment skills with the ability to listen, counsel and connect. As a family lawyer, I have come across complaints of the social workers' poor attitude and prejudices. But, fortunately, these are in very small numbers.”
“Sir, two questions for the Senior Parliamentary Secretary. What is MOM's policy regarding workplace sexual harassment, as it appears from SPS' reply that MOM is pushing the victim to seek any recourse under the Penal Code instead? And, secondly, what is the mechanism that MOM has in place to track complaints lodged at MOM, particularly in relation to workplace sexual harassment, because MOM would be the first place for workers to turn to for help when this happens?”
“] The majority of the victims of sexual harassment remains quiet but, in the end, because they do not get protection from the law, they give up seeking recourse and just walk away. In fact, these victims continue to suffer this harassment and unfair accusation and being blamed for inviting unwanted attention, and so they have been told that they deserve it. But the truth is that the person who perpetrated the offence continues his wrongful act and escapes the law. Although a few people have come forward, what choice do they have? At the present moment, workplace sexual harassment is not an offence here. The police say that they will only step in if a sexual act has taken place, such as the use of criminal force to outrage a victim’s modesty, which is seizable and punishable under the Penal Code. The Penal Code also has provisions such as insulting the modesty of a woman, making obscene or lewd acts at women but they do not address the sexual harassment problem at its root cause. There is also other “not so noticeable” behaviour such as passing lewd or suggestive remarks or using other forms of new media, such as Friendster, Facebook, MSN, SMS and email to sexually harass a woman. What are the practices among the companies and how prompt will companies address and resolve such issues? I feel that it is time for us to do more by having specific laws against sexual harassment. *Cols. 2051-2052. Workplace Safety”
“Sir, I would like to share one real life example reported to have happened in Singapore in The Straits Times about two years ago: A 34-year old female IT professional of an American multinational company complained of sexual harassment by a male co-worker. He persistently sent her lewd SMS messages. She complained to her boss who referred him to the HR. HR warned the male worker and then transferred him to another department. He quit shortly afterwards. Sir, I wonder how many of such cases have not been reported. How many victims are willing to step forward and complain of their plight? Worse, if the supervisor himself is the harasser, what can the victim do? I think the victims are likely to keep quiet, ask for a transfer or leave their jobs. In 1993, AWARE conducted a survey to determine how serious sexual harassment at the workplace was. About 50% of the 389 respondents had experienced verbal, visual or physical harassment in the office. Half were their superiors. Last year, AWARE launched another survey to collect more data. I believe, with the progress of time, more victims are stepping forward to share their stories. 7.15 pm Would the Minister consider introducing sexual harassment laws in Singapore? We know that when a woman is harassed sexually at her workplace – be it only once or, over time, on a regular basis – there is no legal recourse. We should not let the difficulty in defining what constitutes sexual harassment in the workplace deter us, as I believe that we can work out a boundary to protect the more vulnerable victims. (In Mandarin): [For vernacular speech, please refer to Appendix A*.”
“Madam, can I just put a question to the Deputy Prime Minister? We are talking about the supply of lawyers and inevitably much resources would possibly be allocated into training lawyers and providing for more lawyers. In the course of their career, they would also be turned into judges as well. So I was wondering whether there are plans for the Ministry to consider training judges, in a sense, because I think we have a large pool of judges in the Subordinate Courts and sometimes there would have been some remarks being made as to the disposition of judges or that they may lack certain qualifications. And in contrast with the appointment of High Court Judges, they are drawn from the profession and usually the top lawyers get drawn in. In order to make sure that we do become a legal hub and uphold the high quality of the judiciary, perhaps something could be done to improve the training and the qualifications of the judges, particularly when they are the ones who are in the frontline with the public.”
“Sir, from what I remember, during General Elections, especially when it comes to counting of votes, we require representatives of different parties to be present. If we are going to have overseas voting, will it be a requirement that all parties who are contesting will be required to send their representatives to be present as well? There is also the issue of officials accompanying the ballot boxes which have to be sealed and things like that. These are issues which would interest us when it comes to overseas voting. Could the Minister let us know if these are issues that will be addressed? Mr Wong Kan Seng: Sir, I think Members may not be aware that there is no legal requirement to have parties represented at the counting station. What the law says is that counting must take place at a particular time and place and that the ballot boxes must be sealed when polling ends. The election agents or representatives of the candidates, however, may be present to check that the boxes are sealed and the seals are not broken before counting begins. These are measures to ensure the integrity of the ballot box as well as the voting process. Parties are invited to the voting centre to see how the ballots are being counted. They can see the process for themselves. There is no legal requirement for them to be present. That being the case, we do not have a legal requirement for political parties to send their representatives overseas to watch the voting. After all, the counting is done in Singapore. I am sure that when the votes come back to Singapore, parties which took part in the elections may actually turn up at the counting centres to see how the overseas votes are being counted.”
“Sir, I would like to ask the Minister to give us specific examples of what sort of professions were these older workers being hired in the Government service. We do know that some of the teachers had been re-absorbed. But what about the other professions as well?”
“This is especially so for those who are the only child or have one or two siblings. Given that they have to change their lifestyles by living simply, they cannot avoid the high costs in transportation and healthcare. Just imagine how much costs are involved in using the public transportation alone to ferry their children to childcare or to bring their aged parents to hospital on a frequent basis. The Budget does not address this particular need. I am not suggesting that the Government must pay for them but I do hope that we can help them by having some schemes available where they can tap on. For example, I hope the Government could help them by allowing them to utilise their Medisave accounts to pay for their aged parents’ on-going medical care or even to tap on their CPF to pay for their elder-care homes or nursing homes. This would help ease their pockets greatly. The ongoing increasing costs for their aged parents’ regular medical check-up can amount substantially if we add them up. On the same note, I also suggest the Government consider future top-ups into young pre-schoolers’ CDCA accounts, instead of just focusing on those in primary school and above. This is because pre-school fees are also on the rise and they are a sure burden on parents with young children. I hope we can take cognisance of this group and, although they may seem a small group, it is surely a growing problem. On the whole, I support the Budget. *Cols. 913-916. 5.12 pm”
“It would be anything ranging from $2,500 to $6,000 in monthly wages, or others may see it as monthly wages from $3,000 to $3,500. I read with some interest the feedback from this year’s Budget. Many who fall in this category said that they would rather be very rich or very poor, but not in the MCP. Some even think that it almost seems good to be poor, because of the generous handouts. The middle-class is often the sandwich class in many cases. This is because they are “slightly better” than the norm, and they hope to live comfortably but yet they face the pinch from the rising cost of living. One reader from the Straits Times said, “The recent hike in ERP and university charges makes these Budget giveaways seem like one hand taking away what the other hand gives.” They are not poor, so they cannot qualify for handouts from the Government that are meant for the low-income group, such as those on Public Assistance. They are not that wealthy to benefit from the Estates Duty exemption. A typical young middle-income family would have little children to take care of, as well as their aged parents. But if their young children are between the age of one and six years old, we are talking about infants, and they have childcare and high pre-school cost to juggle with. Those whose aged parents are well and independent, they are blessed in many ways because they could help to look after their children. But what about those with aged parents who are highly dependent on them? They will definitely feel the most pressure. And these aged parents require their children’s attention and to provide cash in medical care, hospital visits, transportation costs, lodging costs in nursing homes, etc.”
“Sir, this year’s Budget saw the introduction of the National Lifelong Income Scheme or CPF LIFE which is an initiative to help older Singaporeans in view of longer life expectancy. But I feel we should do more to help this segment. While we help them to ensure that they have adequate money at old age, we should also ensure that they can enjoy their old age and not fall prey to criminals targeting at them. Sir, I have been quite concerned with the issue of rising crimes involving the elderly. It is observed that in many countries such as Australia, the UK and the US, there is a similar pattern of upward trend in crimes involving the elderly. They are often an easy target of crime because of their disposition. With the growing number of elderly in Singapore, I strongly feel that there should be added emphasis on protecting older people from crime. It is heart-rending and upsetting to hear of these elderly victims - old, fragile and alone - falling prey to snatch thefts, robbery and cheating by vicious criminals. Elderly victims were reportedly usually robbed in lifts and at common areas of housing estates such as void-decks and staircases and they frequently happen between the early morning and afternoon when victims are alone and going about their daily activities. I hope the Government can dedicate more resources and enhance its operational capacities to help the elderly. Sir, let me continue my speech in Mandarin. (In Mandarin): [For vernacular speech, please refer to Appendix A *. ] Next, I would like to touch on what I call the "MCP". I do not mean "Male Chauvinistic Pig" but "Middle-Class Plight". Middle-income is a "less definitive concept" and the economists’ own perceptions of the middle-income may vary.”
“Mr Deputy Speaker, Sir, thank you for allowing me to join in this debate. I compliment the Finance Minister for a well-crafted Budget. Indeed, I am heartened by it. It is not surprising; this Budget has been carefully crafted to balance many different needs. It is both comprehensive and generous, covering all sectors and offering something for everyone, including those better off. Apart from the dollars and cents, I personally think that this year’s Budget will help strengthen Singapore’s economic position and at the same time forge closer bonds among the community. I thank the Government for keeping this promise that no one will be left behind. Sharing its surplus with all Singaporeans becomes “Uniquely Singapore”. Like a closely knitted family of different family members - with different strengths and weaknesses - we take care of one another. Our Government did not forget the low-income Singaporeans who are struggling to keep up with the increased cost of living, even as the country’s economy progressed robustly last year and we are in the midst of so many exciting things happening around us, such as the recently completed Singapore Flyer, the F1 that is happening in September this year and also the construction of the IRs, etc. It is a good thing that the Government signals to Singaporeans that we must work hard so that together we can enjoy the fruits of our labour. And this is important to us because when Singapore is progressing, becoming more affluent and enjoying robust growth, we know that there are still many Singaporeans who may not be financially well-off and finding it difficult and hard to keep up with the pace. I would describe this year’s Budget as pre-emptive and that is “Uniquely Singapore”.”
“Sir, the DPM mentioned that the Attorney-General had made an ex gratia payment to Qwek. But if it is ex gratia, it actually means that no payment needs to be paid at all. Why was payment made? In view of such confusion, is the Ministry of Law considering amending the relevant portion of the CPC to state this more clearly?”
“Yes. Sir, I just want to declare my interest that I am asking this question because a nephew of mine who is only 12 years old is already very much addicted to computer games operated by LAN centres. Because of that, he has also incurred a lot of debts, so to speak. That is why I am asking the question of the three Ministries. And I want to know from the MOE's point of view whether, despite having set up all the wellness programmes, the discipline masters in the schools are empowered to deal with any of the students who are caught in all these LAN centres gaming away during school hours and sometimes within the proximity of the schools as well.”
“Yes, I understand that, Sir, and I would like to take this opportunity ---”
“Sir, can I ask a supplementary question?”
“Sir, since the Police has got other things to do, would MHA consider empowering the Volunteer Special Constabulary members to do this patrolling instead, because I am sure they possess certain powers of enforcement? Assoc. Prof. Ho Peng Kee: Like I said, in so far as the students of certain schools may be violating these rules, the schools, together with the Neighbourhood Police Post, can set up, for example, a system where the Operations Manager of the school goes out to these centres. I know that that is happening. For example, under NYGR, there is a protocol on the ground where the Operations Managers of schools are in touch with the police officers in the Neighbourhood Police Centre to look out for students who may be out of school during school hours playing truancy. This can be part of the set-up. But I do not think we should have dedicated officers just for the task of seeing whether or not students are in gaming centres during school hours. CYBER/GAMING CAFES (Measures to prevent students from patronising) 8. Ms Ellen Lee asked the Minister for Education in view of the proliferation of cyber/gaming cafes, especially in the heartlands and within close proximity to schools, what measures or controls has the Ministry implemented to prevent students from patronising them and/or from becoming obsessed or addicted to cyber gaming and related activities and exhibiting delinquent behaviour.”
“(In English ): Mr Speaker, Sir, as I have mentioned earlier, it is difficult for the law to net all situations where the predator contacts or arranges to meet a child with the intention of having sexual activity, whether or not the intended abuse occurs. A recent article in the Straits Times on 29th September 2007, entitled "Anti-grooming law needs tweak to plug loopholes" mentioned that face-to-face sexual grooming is just as significant. Therefore, besides the use of Internet to lure the young victims, we must be mindful that sexual grooming can happen anywhere, even within very close physical proximity, such as in school and at home. I urge parents and caregivers to pay more attention to their young children - the activities they engaged in and the friends they interact. Given busy schedules and multiple stressors parents face nowadays, coupled with having to strike a balance between keeping a tight rein or giving freedom to their adolescent/teenage children, parents may find this a challenging cum uphill task. However, to reiterate, it is better to be safe than sorry; proactive rather than to be reactive. Sir, with that, I support the new legislation. 2.54 pm”
“It may not have dawn upon them yet that accessing the Internet is, in fact, voluntarily inviting invisible strangers with unknown intention into their homes, something they would not otherwise do if a stranger comes in person to knock on their front door! I therefore urge parents and caregivers to be more involved with their young children with the use of Internet. On 21st February 2006, MICA has set up the National International Advisory Committee (NIAC)-Community Advisory Committee (CAC). The NIAC-CAC provides useful advice on outreach strategies to learn more about the practices of the Internet, bridging the knowledge divide and also help parents to better guide their children in this age of convergence and cyber-activities. PAGi, together with Cyber Wellness Task Force (CWTF) and the Public Education Sub-Committee (PESC), now comes under the NIAC-CAC. I urge parents and caregivers of young children to make use of these available resources and outreach programmes to help them monitor the usage of Internet by their young children. In fact, I was quite happy yesterday to read in the Lianhe Zaobao an article reminding parents that they have to pay more attention to how their children are responding to Internet chats and surfing, especially now that two websites called MySpace and Facebook have been drawing a lot of young children to surf their websites. (In Mandarin): [For vernacular speech, please refer to Appendix A *. ] Yesterday, in Lianhe Zaobao, there was an article regarding the concern for the safe use of Internet for young children. Some of the measures in the article should be made full use by the parents to ensure that their children will not fall into any of the pitfalls. *Cols. 2465-2466.”
“There are far too many grooming activities one can think of that a sexual predator can deploy. Unfortunately, it is difficult for the law to be a dynamic panacea to cover all aspects and situations, where the predator contacts or arranges to meet a child, with the intention of having sexual activity, whether or not the intended abuse occurs. New media and technology such as the Internet and cellphones have made it easier for sex offenders to groom and prey on their intended victims. It is reasonable to assume that a groomer will most likely use the Internet chat to reach his or her victim. And for this reason, we see a global trend in other jurisdictions, such as Australia, Canada, UK and the US, prohibiting and criminalising the use of Internet for this purpose. Sir, I feel that specifically criminalising this activity is only part of the response to the problem. Equally important is education to ensure parents and main caregivers as well as children are aware of the risks and the steps they can take to keep their young ones safe. As the saying goes, "Prevention is better than cure". I was once a member of now defunct PAGi (The Parents Advisory Group for the Internet) under MICA which was established in 1999. For those few years I was there, I personally saw how useful it was for parents, teachers and main caregivers to be taught on making Internet access child-safe. With the use of the Internet in schools to educate students becoming more commonplace, parents often leave their children to surf the Internet alone at home without guidance, trusting them to faithfully complete their homework or assignments.”
“Sex in marriage should be about sharing intimacy in an enjoyable and consensual manner; it should not bring about inhumane infliction of pain and humiliation, causing the wife to suffer vaginal tears and bruises accompanied by extremely brutal acts inflicted on other parts of her body. Sir, allow me to say something in Mandarin. (In Mandarin): [For vernacular speech, please refer to Appendix A *. ] Although this Penal Code (Amendment) Bill does not completely repeal the provisions to exempt the husband from being charged with raping his wife, he can nevertheless be charged and punished under three specific circumstances - for using violence or threat to force his wife to have sex with him or to rape his wife. Some people feel that this is indeed regrettable. However, I feel that this Amendment Bill, while not exactly perfect, is already one big step ahead to seek justice for the victimised wives. A strong message is sent through this Amendment Bill that husbands should respect and be considerate to their wives when they want to have sex with them, rather than treating them as a free tool to satisfy their sexual desire and to throw in punches and kicks to add more excitement to themselves and to bring more sufferings and frustrations to their wives. *Cols. 2465-2466. (In English ): Sir, the other issue is section 376E on sexual grooming. I applaud and support this new legislation wholeheartedly to protect young girls and boys under the age of 16 from being exploited sexually by sexual predators who prowl the Internet for this purpose. Youths and children are impressionable, easily influenced and vulnerable. It is given to assume that there are many vehicles a sexual predator can use to meet his or her young victims.”
“On the other hand, the women most likely to be able to protect themselves with these legal devices will tend to be the more empowered ones as they understand their rights and better able to seek legal recourse. Sir, we must be careful that the proposed changes do not have any social and economic barriers. It should not be a case where the conditions are applied unequally to different classes of women. Married women, of all classes, should be able to say "no" to unwanted sexual contact, just like their unmarried counterparts. Thus, the law must not allow the husbands to hide behind the shield of marital immunity. So, the interest in protecting women from non-consensual intercourse is paramount. However, I do not suggest a complete abolition of marital immunity. I feel that there should be provisions there for use in case of need instead of denying the relief altogether. Removing the immunity completely might also lead to a sudden change of the society's view of conjugal relations and may lead to undesirable social outcomes. For instance, wives could start crying "rape" to punish their husbands for other transgressions, and outside of the three proposed conditions, the onus of proof of marital rape can be overbearing. Therefore, we should maintain the marital immunity and allow it to be lifted under the proposed three circumstances. The courts will be there as adjudicators to decide if the allegation has been made out to grant the relief sought. It would also serve as an effective deterrence and caution to husbands accustomed to physically overempowering their wives into submission.”
“Several jurisdictions have adopted marital rape laws, including Britain, the USA, Australia, Taiwan, Hong Kong, Sri Lanka and the Philippines. In the United States, individual states began enacting laws against spousal rape since the 1970s. By 1993, all 50 states and the District of Columbia have such laws. Currently, 17 states and the District of Columbia provide no exemptions from rape laws whatsoever for husbands, as reported in the Straits Times on 9th November 2006 Edition. Even India, too, has criminalised marital rape. A sweeping new law, called The Protection of Women from Domestic Violence Act, 2005, came into effect late October 2006. It has very simple requirements for women to report coercion and abuse, including rape, as reported in the Indian Express on 25th October 2006. Should we also remove the marital immunity completely and criminalise marital rape? Unfortunately, we all know that martial rape, whether it is in Singapore or another state, is very difficult to prove. Studies in Britain have also shown that it is rare to get a rape conviction if the victim had long-term intimate relationship with the accused. At the end of the day, behind closed doors, it is your word against mine. Must these married women then suffer in silence? Sir, the women most likely to be abused and raped by their husbands would be those who are least empowered in their marriages. With some exceptions, of course, they are likely to be the ones intellectually poor, financially dependent or possibly foreign wives. They are unlikely to know about or have access to legal processes, such as injunctions and protection orders. Yet, without these, the law is unable to protect them.”
“Sir, allow me to elaborate further. The proposed changes to the law are also unlikely to address the injustice of the present law as demonstrated in a case decided in 1999, namely, PP v N [1999] 4 SLR 619; [1999] SGHC 255, High Court. In this scenario, the man and wife involved in 1996 but, because of frequent quarrels, the wife moved to her parents' home a year later. During a telephone conversation in August 1998, the wife suggested they get a divorce. The upset husband then threatened to kill her. About two weeks later, she agreed to his request to meet, but they soon started quarrelling again. The husband then dragged her into his car and drove back to their matrimonial home. He ordered her into the bedroom, stripped her of her clothes, tied her hands with a bath towel and gagged her. He then had sex with her against her will. As her husband, he could not be charged with "rape". Rather, he was charged with voluntarily causing hurt, wrongful confinement and criminal intimidation. He pleaded guilty. The trial judge imposed a total fine of $7,000. Even after an appeal by the Public Prosecutor against the mild sentencing, the husband was only slapped with an additional 18 months' imprisonment. Sir, the proposed changes are still limited. I say this because the proposed changes would still not have seen the husband charged with rape. The marital immunity could not be "lifted up" as the victim did not meet those conditions. The husband was still shielded from a crime otherwise deserving of a heavier charge if the victim was a non-spouse. The global trend in other jurisdictions shows an increasing drift in criminalising marital rape.”
“Sir, I do not know what will happen to those victims who do not fall into any of the above categories during occasions where their husbands abused them sexually against their will. What if she is "planning to get a separation or divorce" but the legal process has not been set in motion? Sir, how can we protect the victims who are being sexually abused by their husbands and thus suffer physical and emotional hurt and pain? The law requires the victim to first take legal steps to terminate her husband's marital immunity before she can be protected. What if she has not gone to the court to apply for judicial separation, a divorce, an injunction or a protection order? We all know that anything short of this will not do. To exacerbate the situation, what happens if the victim has a lower than normal IQ and is unable to properly articulate her stance and take proactive steps? Sir, in reality, we do know that behind closed doors, there are cases of sexual violence or perverse acts some husbands practise on their wives. It is something that the wife feels tremendous shame and humiliation, especially when society and the law hold the view that sex in marriage is consensual. The wives, in such a situation, are unsure of what to do or live in a state of denial. Some of them may feel so ashamed of the situation they are in that they find it difficult to approach anyone for help. Apart from shame and stigma, a wife often hesitates to blow the whistle on the husband for fear that it would ruin his work, his reputation, particularly if he were holding illuminous positions with certain standing in society and, more fundamentally, the effect on their children. So she suffers in silence, hoping that one day the husband, on realising his folly, would love her even more.”
“Mr Speaker, Sir, I applaud the Government for the timely review of the Penal Code provisions. I am glad that the Government has embarked on the review and promulgated these new changes with the aim of protecting the vulnerable who may be victims of crime in this new era and environment. Sir, I would like to speak on the topic of marital immunity and sexual grooming offences. Under the current law, if a husband forces himself on his wife to have sexual intercourse against her will, he is not guilty of rape, as he is shielded with marital immunity even though under section 376 of the Penal Code, the same deed involving a woman not married to him would attract a maximum jail sentence of 20 years, plus caning. When it was first mooted that part of marital immunity be removed, there were mixed sentiments on the ground. Many felt that while this is a step in the right direction, which is to prevent married women from being abused sexually by their husbands, it does not go far enough. Some argued that this "partial exemption" makes the changes a mere lip service. The victim has still to go through a series of legal processes in order to get herself protected although the law says that marital rape is wrong and "punishable". Some even argued to abolish marital immunity completely as it negates the usefulness of the law. According to the proposed changes, marital immunity is suggested to be lifted under three circumstances, ie, where the wife is living separately under a judgment of judicial separation or interim judgment of divorce not made final; where there is an injunction restraining the husband from sexual intercourse with his wife; and where a wife has a protection order against her husband.”
“Sir, two supplementary questions. Will LTA consider building countdown type of pedestrian crossings where you have got countdown for the lights at the traffic junctions, so that the pedestrians will feel that they have enough time to cross the road and the motorists do not feel that the pedestrians are taking too long to cross the road? The other question is this. At busy road junctions within the housing estate where there are large carriageways, would LTA consider building underground tunnels for pedestrian crossing? Then there would not be any competition for road usage in that sense.”
“Further, as more and more conventional indoor breeding sites such as pails and vases are removed, mosquitoes are now breeding in more hard-to-reach and unsuspected places such as dish rack trays and water cisterns. Profuse breeding, some with as many as 200 larvae counts, has been observed in these habitats. The list of potential breeding sites is never exhaustive and every one of us has to diligently check all places where water can possibly be collected. The overall dengue situation in Singapore has improved in the recent weeks, despite the persistence of the Bukit Batok cluster. Nonetheless, the number of weekly cases at just below 200 is still high. There have since been eight reported fatalities. To reiterate, complacency among anyone in the community can easily weaken all the efforts that we have put in to control the dengue problem. We need to stay vigilant, not only in Bukit Batok but also in the other areas of Singapore, and during both outbreak period as well as non-outbreak period. We must also learn from past experiences in order to deny the Aedes mosquito places to breed.”