Gerard Ee
Singapore
“Mr Speaker, Sir, I am just wondering whether the Minister's answer just now that, because the tenderer is aware that existing shopkeepers' rentals will be adjusted upwards, it would therefore create an infinite loop.”
“Mr Charles Chong also raised the question about the interpretation of the term "undesirable activities". The term really is meant to protect any child who may be used by adults for activities, especially illegal ones, which are detrimental to the well-being of the child, eg, illegal lotteries, illegal hawking, gambling or activities of su…”
“The present situation allows for some package deals to cloud the judgement of the buyer. In many cases, a consumer wrongly believes that a COE has been guaranteed only to find that he has to pay an additional sum of hard earned money to buy the car he has committed to.”
“The first approach will require all successful bidders to pay the same lowest successful price. The second approach will adopt the successful bid price, as that for registering Category A vehicles, and the price for registering a larger capacity vehicle would be on a multiple of this base price.”
“Having the basics under their belt, they can go straight into a higher level of training. They would thus require less time to be fully trained soldiers and can be released sooner to complete their tertiary education.”
“This will alert the readers of the accounts that such exemption has been granted and the reasons behind it so that they can form their own judgement and react to the exclusion. It is also a relief that public listed companies have to hold their AGM within five months of the financial year end.”
The complete record
Every one of 103 lines we hold for Gerard Ee, in date order, each linked to its source. Free to read, in full, without an account. Page 1 of 3.
“Mr Speaker, Sir, I am just wondering whether the Minister's answer just now that, because the tenderer is aware that existing shopkeepers' rentals will be adjusted upwards, it would therefore create an infinite loop. They would be encouraged to tender higher and therefore, in the longer term, existing shopkeepers' rentals will have to be increased to match market rates and new tenderers will tender even higher. I am just wondering whether there is a need to review this approach.”
“Sir, may I ask the Minister whether the programmes that have been introduced include modules to help workers adjust to the psychological and emotional impact on their lives and the changes that they are facing, such as losing their jobs?”
“We have one further advantage which should become more and more important in the coming years, which is the way we protect intellectual property rights and provide for their enforcement. This involves the judiciary, the AG's Chambers, the police, the whole infrastructure. It would eventually extend into the life sciences. And if we can be the most secure base in Asia for intellectual property, then I think many of the higher value activities will remain here. Take, for instance, Glaxo. They set up a factory in Suzhou which had to be mothballed because of intellectual property problems in China. It will take a long time for China to work through all the laws and enforcement procedures. But in the meantime, if they have got something sensitive, if they have got secrets to protect and if they have got particular codes which contain most of the value of the product, they will put them in Singapore. And the key is running a system which is efficient, a labour market which is highly flexible and an access to talent which is global. This is very important. Then when they come here, they will be assured. No businessman wants to plonk a significant investment in a place where, after they have put in the money, they face all kinds of obstacles and have got to fight them at every turn.”
“But this is a large subject, we have talked about it, and we will continue to talk about it. We will institute in the coming months more programmes to help SMEs. Mr Hawazi Daipi (Sembawang): Sir, does the Minister see any possibility at all in helping to attract some of the companies to remain in Singapore, ie, companies which are likely to move over to other countries which offer lower cost structure, or attract some of these companies to come to Singapore? I ask this because there could be people who, for some reason, could only take up very rudimentary skills through all the schemes that we offer. BG George Yong-Boon Yeo: In fact, we work very hard on this. When companies indicate that they have difficulties with their cost structure and are thinking of relocating, usually they alert EDB and we will try and sit down with them to work out a package to help them restructure and try to facilitate their remaining on in Singapore. And even if they have got to leave Singapore, we will try to encourage them to leave behind in Singapore the higher value elements. Sometimes, we succeed, but not always. But we have got to keep working at this and provide an environment which, despite higher labour costs and higher land costs, yields greater system efficiency. And one area in which we have a clear advantage is the fact that we provide a hassle-free environment. We tell them, at the outset, that we will make sure that they are able to find the skills that they need and, if these skills are not available in Singapore, they can import them from anywhere in the world in order to maintain their operation here.”
“Mr Deputy Speaker, Sir, with the scenario just painted and the forecast on value added, factories of the future, and so forth, could the Minister reflect on the future of SMEs in Singapore to face such competition? BG George Yong-Boon Yeo: Mr Deputy Speaker, Sir, SMEs will face a challenge because those who are in traditional industries will face the cold wind of competition. If you look around the housing estates, many of our small shops are facing severe challenges because the supermarkets, the big departmental stores, the franchisees are coming in. For those who are unable to upgrade, partly because they are getting on in years and their children are not prepared to take over their parents' businesses, or because of bad luck, or because of inertia, then we have a package which MND had announced recently to help them exit. For those who are prepared to try, we will make every effort to help them. We are now looking at how we may want to reorganise PSB and TDB to give a stronger focus to entrepreneurial development, especially among our SMEs. For those who are prepared to try, there will be all kinds of packages available to help them along. And those who have decided that they want to call it a day, I think we will help them exit. But this varies from sector to sector. We have many discussions with various sectors and there are some who have done well, despite all the problems. If you look at, say, the food industry, it is quite interesting the way the food industry is being restructured now. A lot of the otak otak, nasi lemak and fishball that we are getting in the shops now are all made in factories. It is a very efficient supply chain. And there are others who are unable to make the adjustment, so they go through a prolonged period of difficulty.”
“Mr Charles Chong also raised the question about the interpretation of the term "undesirable activities". The term really is meant to protect any child who may be used by adults for activities, especially illegal ones, which are detrimental to the well-being of the child, eg, illegal lotteries, illegal hawking, gambling or activities of such magnitude or like. The context referred is to illegal activities.”
“This tool helps the Ministry to identify the needs of each juvenile offender in a very professional and objective manner. All newly committed juveniles will be assessed by a multi-disciplinary team for their character, behaviour and also their rehabilitation needs. And from the outcome of these assessments, we will consider an individual care plan for each juvenile. That is one strategy. The other strategy is to separate the two groups and, based on the results from CLASS, the homes make a decision on the physical placement of the boys and girls into different residential blocks within the homes. Dr Vasoo also asked whether institutionalisation is always the last resort. As I said, we believe in that philosophy. And, since 1999, we have been getting the community very much involved in the rehabilitation of the young person and child. Since 1999, for example, we have been very active in forging ties with the community to initiate numerous community-based services and programmes that are closely linked with wholesome youth developments. Our results have shown that community-based rehabilitation indeed, when used appropriately, provides the most cost-effective and least disruptive means to rehabilitate the juvenile offender. This is also, in a way, a response to Mr Charles Chong who is very concerned that we do not really go into the realm of the family, to intervene in what ought to be a family matter. Again, as I said, ultimately, our objective is for the family to take charge of the child and we make it such. The rehabilitative process that we go through is not only to rehabilitate the child but also to ensure that the parents would be able to take care of the child and, therefore, bring the child back into the family later on. That is our ultimate objective.”
“Mr Gerard Ee asked whether we ought not to impose heavier penalties on the media who disclose the identities of victims who are under 16. Sir, I cannot agree more with the Member that the penalties which we are imposing do not impose any financial hardship on the media. For sure, it will definitely not compensate the child, the young person and their families for any distress that they may have caused resulting from the disclosure. But although the fine seems very nominal, it has to be commensurate with the other proposed fines provided for in the Act. So that is something we have to follow. However, we would like to assure the NMP that my Ministry has worked and will continue to work with the media to ensure that they are mindful of the social implications and ramifications of reporting or disclosing what they ought not to disclose, through continuous education and dialogue. But, actually, the media here are generally very responsible in their coverage on matters relating to children and young persons. Of course, there are rare incidents whereby they have the identities of the juveniles revealed to the public and when we investigated further, we found that these could have been genuine mistakes, and not through wilful disclosure of the facts. Dr Vasoo asked about contamination. He feared that putting the new juvenile offenders together with the hardcore residents of rehabilitation homes would somehow contaminate the former. We are aware of this, Sir, and we are very concerned about contamination too. What really happens is that before residents are put into the homes, we classify them, ie, they go through a classification system. We have a system called CLASS, which is a classification and assessment system.”
“We would rather that they become stable and, hopefully, they could go back to their family because that is essentially where the children ought to belong. Mdm Claire Chiang also touched about the fate of intellectually disabled (ID) offenders. This is important. There are provisions to first ascertain the intellectual level of these children, either by speaking to family members, interviewing them about their background, mental capacity and medical conditions and even interviewing the complainant about the offender's behaviour. This screening and identification process will help us manage the case appropriately so as to reduce unnecessary trauma experienced by the ID offenders and their families. During the sentencing stage, the courts exercise their discretionary powers and take note of the special characteristics of the offenders, such as their mental or medical condition, in the courts' decisions. If an offender is intellectually disabled indeed, the courts can request for a social report on the offender with a view to granting probation, for example. Indeed, when a probation is granted or recommended for an ID offender, the probation officer will work closely with the probationer to attend specialised programmes run by community agencies, such as the Association for the Educationally Subnormal or Bizlink Centre, and upon placement on the probation, the ID offender will be assigned a psychologically trained officer for supervision where possible. In MCDS-run homes where there is an ID offender, we have our own psychological services unit to assess the intellectual functioning of the offender and recommend the appropriate rehabilitation programmes.”
“We have been conducting public education programmes for professionals and service providers. Mdm Claire Chiang mentioned it. Earlier this year, I launched an abridged version of a manual on "Marriage and Child Abuse" and, certainly, it has been helpful in educating the people on how to identify child abuse and also how to go about reporting child abuse. The issue of discipline and abuse is high in our minds too. Maybe, we must also be sure that, in some cultures, what is abuse is really discipline. In other cultures, what is discipline is really abuse. We are very well aware of that. Whenever we do come across cases whereby there may be a very thin line between what is abuse and what is discipline, we will bring in, as I said, all the expertise and various views to ascertain whether whatever is reported is really abuse or discipline. In the case of parents who are unable to take care of their children, either because the child is disabled or has got some mental problems, we will not straightaway say that the parent is abusing the child just by chaining the child to the wall. We will look back much further, and not just look at the picture which is presented to us. In other words, we will go further and deeper. Parents who are unable to pay, because of low income or no income, we have other avenues to help them. So we are very open in that sense. We are very flexible. We understand that, ultimately, the child must go back to the family or, hopefully, the child can go back to the family. Because we too would not want to put all abused children and all victims into institutions. We would rather that they be rehabilitated.”
“This is an idea which we could pursue later when the time is ripe. On the question of safeguards against malicious complaints, indeed, Sir, we are very well aware of this too, given the fact that it is easy for people to complain about their neighbour's children being abused, not knowing the reality or the full story. There may be instances where, just because you have a rather lower threshold of discipline, you also want to complain. We are aware of this. My officers will certainly sieve through the complaints and applications to ensure that only those which are fair and bona fide will be pursued and those which arise out of malicious complaints or very spurious complaints would be dropped even before we proceed further. On the question of mandatory reporting, this is something which has actually been debated a long time ago. In countries where mandatory reporting is applied, especially among professionals, we found that the level of non-compliance even by the professionals themselves is as high as 60%. We have consulted the professionals here in Singapore and, by and large, they feel that such laws are not necessary here. In particular, there is concern that mandatory reporting may in fact deter parents, who are abusers themselves, from seeking help, in particular, medical help for themselves, their children or their victims. And they may also be tempted to keep their children at home rather than send them to pre-school programme or to the doctor, thereby in fact insulating their children from the very people who could help them. Thus, on balance, we feel that the education of professionals who have regular contacts with children, such as doctors and teachers, is a much better approach so that they know how to detect and report child abuse.”
“Right now, we use both the expertise that we have in Government and also in the private sector. In other words, we also marshal the expertise - doctors, social workers - in the private sector to assess and also help us understand the cases that we have. But, certainly, we would continue to train people. We have, for example, engaged trainers from the National Society for the Prevention of Cruelty to Children, which is based in UK, to provide professional training to our child protection officers. We also have joint training conducted with the agencies, such as the police and medical social workers, to ensure that the inter-agency system is sufficient and work in the interest of children. We are also working with the various agencies to secure the additional manpower and resources to run additional programmes. And we are also tapping the manpower and resources in the voluntary welfare organisations, in terms of psychiatrists and psychologists, to provide these specialised services for the programmes. Prof. Chin asked whether we ought not to merge the CYPA and also the Women's Charter. Sir, the purpose of the CYPA and the Women's Charter is different in the sense that the CYPA is to protect vulnerable and dependent children, the young persons who are at risk of abuse or have been abused and they cover young persons between the ages of 14 and 16. Whereas the Women's Charter provides for the protection of women and girls below 21 years who are in moral danger. So they are two different pieces of legislation which cover two different sections of the population. But I do concede that, at some point in time, perhaps we could consider merging these two pieces of legislation and also other legislation on family issues and family matters. We have not abandoned that idea.”
“The Act provides for such cases to continue to be heard in the juvenile court even after the child turns over 16. All efforts will be made to expedite his or her hearing so that the principle which governs the juvenile court is extended to young persons. Mdm Claire Chiang also asked how do we know that the child is to be released and who is going to determine the child is to be released. Sir, this depends very much on the progress that the youths make during their rehabilitation and also the circumstances of their families. Our policy is not to keep youths in institutional setting. That is the last thing we want to do. In my speech just now, I reiterated that institutionalisation is the last resort. But while the policy is not to keep these youths in institutional setting longer than necessary, we need to strike a balance between what is public safety and whether or not the young person is ready to return to the community and to his or her family. There is a multi-disciplinary team, comprising psychologists, social workers and vocational instructors, to look into the different needs of each resident. Therefore, there is a committee, there is a group of people. In fact, as a principle, we have groups of experts rather than one individual person trying to determine whether or not the juvenile ought to be released or what kind of punishment, penalty or option which has to be imposed on a child. Prof. Chin asked whether we have enough professionals to accommodate the changes that we have made. Indeed, the changes are very comprehensive, and this is in fact one of the biggest changes that we have made to the CYPA. We too are very concerned whether we have enough people. We are still trying to produce enough psychologists, social workers and psychiatrists.”
“It involves relatives, it involves those who are victims of a child's offending behaviour. This family conferencing is part of the judicial process. In other words, it is an option during the case discussion, before the magistrate passes sentence, and it brings together those people who are affected by the juvenile's offending behaviour and this will include the offender, his or her parent or guardian, the victim, victim's family, and we have a family conferencing facilitator, an expert at facilitating and mediating such meetings. Through this mediation process, a family conference attempts to reach a consensus on what is the most appropriate way an offender can make reparations for his or her offending actions. The goal of the conference is for the juvenile to realise the impact of his or her offending behaviour or to express contrition to the victim and his or her family. The facilitators of this conference are selected based on their broad abilities to understand the processes of the juvenile court and the juvenile rehabilitation process as well as their skills in facilitating such meetings. Next, the question of jurisdiction of those below 16 years old. Mdm Claire Chiang asked about the jurisdiction for hearings of cases involving those who are below 16 and whether the system is fair in hearing the child and in meting out sentence. Sir, the system that we have now is an efficient and restorative one and it ensures that the young person who is about to turn 16 or who is below 16 is given the priority to be heard in the juvenile system. In other words, we try as much as possible and, indeed, given the efficiency of our courts, such children will be heard in the juvenile system.”
“Therefore, we tilt towards the interest of the child. So how do we go about trying to minimise the subjectivity, if at all, in the issues? One is to make sure that we approach the problem holistically. In other words, we look at each issue in context, from all angles and perspectives - individual differences, cultural differences, norms. We take all these into consideration and we make sure that we cover all angles, as it were, by making sure that we include all professions, all expertise, all experts (psychologists, psychiatrists, doctors, social workers, teachers, community leaders). We have an inter-disciplinary and inter-agency approach towards assessment so that we get as wide a variety of minds to bear on the problems and as many experts to bear on the problems that we have in mind and at issue. And we also have protocols, guidelines and procedures which my officers follow stringently because we know that if we make a wrong decision, our decision would mean that a child may bear the scars of what he or she suffers during childhood right up to adulthood. So we are very well aware of the problems that Members have raised in terms of subjectivity, sharpening our assessment, and in terms of whether we are doing it in the interest of the child, the family or the community. So that is, in general, Sir, what I would like to respond in terms of the fears and concerns about subjectivity of the issues that are involved in child abuse. Let me now go to specific questions and comments from Members. For example, Prof. Chin asked what we mean by family conferencing. The word "family", I think, here is a bit of a misnomer because it really does not mean only the family is involved, but it includes significant others too.”
“Let me, first, address the general concern about definitions and assessments, and whether or not we are trying to judge or take over the parents' role of how they ought to look after their children. Sir, we at the Ministry are very concerned about these too. We have thought long and hard about how we define things, how do we ascertain that whatever we are doing is correct, what do we know about what people think of their children and how they ought to be dealing with their children. So we are very aware of the difficulties of definitions, coverage, assessment and abuse. But, unfortunately, it is inherent in the issues that we are talking about. We are talking about relationships, we are talking about the psychological condition of a person. These are things which are difficult to really put your finger on and truly measure them. So where do you draw the line? Where do you draw the line between abuse and discipline? Where do you draw the line between what is accidental and what is wilful? Where do you draw the line between what is private good and what is public good? And where do you draw the line whether it is in the interest of the child or in the interest of the family that we are talking about? These are questions which we agonise over and, indeed, it took us long and hard to really find the answers. But, nevertheless, Sir, the line must be drawn. We cannot not draw the line simply because our failure to do so will mean that there would be children out there who are damaged by the actions of either parents or relatives who abuse them either psychologically or physically. So the line must be drawn. But what we can do, Sir, is to minimise the subjectivity and sharpen the ability for us to assess correctly what ought to be done and what should be done for the child.”
“I like the amendments to the Bill but I have one major reservation, and this has to do with new section 35 on the restriction of publication of information relating to the proceedings involving children and young persons. This section is there to protect the identity of a child or a young person. I am surprised that the punishment for a breach of this section is a mere fine not exceeding $2,000 for a first offence and a fine not exceeding $10,000 for a second or subsequent offence. Such sums are pocket expenses for the media. Besides, we should expect the highest standard of governance on the part of the media and a breach of section 35 must not be tolerated. In my mind, such a breach could not be accidental. It must be deliberate and the fines should be at least $100,000 for a first offence and even more for subsequent offences with a possibility of imprisonment. How does one value the damage done to a child? Could the article be used in the future against the child who has made good and is successful in society? Could it destroy the prospect of a child succeeding in life? Could it be a future source of blackmail? The offender would have been fined $2,000 or $10,000 which will probably be covered by increased subscription and advertising revenues for being a sensational press. I urge the Minister to increase the fines proposed under this section to one that is truly punishing and not offsettable by any commercial gains from the act. Mr Abdullah Tarmugi: Sir, I would like to thank Members for their contributions and strong support for the Bill which is very timely. We need these amendments to improve the protection of our children and young persons.”
“Mr Deputy Speaker, Sir, I rise to support the Bill. Finally, at least family members are now drawn in the process. With this amendment, a parent or guardian of a child can be made to undergo counselling, psychotherapy and other programmes or activities. Also, the Bill seeks to widen the scope of punishment where more meaningful and appropriate punishment can be meted out. I see that the court can prescribe shorter detention, such as over weekends or even to require supervision of the offenders under probation. New section 44, which will allow younger offenders to be sent to the reformative training centre, takes cognisance that there are unfortunately very young offenders who have the capacity for extreme violence and are recalcitrant in their acts of violence. I think there are many good points in the Bill. Like earlier speakers have pointed out, we need to refine and work out some definitions. But while it is going on, I recall horror stories that are published in the press of child being abused, and I am glad that new section 8 will allow prompt action to be taken where there is reasonable ground that a child or young person is in need of care and protection. Prompt action is the only thing that will prevent further damage being done, whilst I acknowledge earlier speakers' concern that there are definitions to be worked out. I am also happy to see that new sections 84 and 84A will provide protection from suit or other legal proceedings to the enforcer and witness. Without such protection being offered, I can envisage that people will be reluctant to be a notifier and pretend not to notice what is going on. Also, enforcers will be hesitant to take prompt action if they are being constantly bombarded with harassment and stress of suits and other legal proceedings.”
“Sir, the point I am trying to make is that if the authorities are looking for her and cannot locate her in four months, what hope does an employer have of finding a missing maid in four months?”
“Sir, I would like to seek a clarification on whether runaway maids are considered as fugitives and therefore targets to be searched for by the authorities, and what are the track records that any authority has found them within four months.”
“And the Children Development Co-Savings Bill, Sir, is one of the many measures and instruments that we have and would put in place to achieve these ends.”
“The low-income group will not be at a disadvantage, because the co-saving principle is important to emphasise the primary responsibility of parents to care for their children. The co-saving period actually allows parents the time to save and to make deposits. For paternity and other leave, I suggest we stick to the present measures first before we review the leave provisions further and consider changes. As for subsidies for childcare operators in CBD, the Ministry actually already has in place provisions to encourage employers to set up creches and childcare centres at their workplace. For example, we give capital grants for conversion of premises, and for furnishing and equipment, if they want to turn part of their premises to childcare centres or creches. We also have tax incentives for employers who set up childcare centres in their workplace. With regard to foreign maid levy, as you know, it is being paid to the working mother, and it does not stop the working mother from using whatever savings there are from the levy, for the rest of the family. In any case, the foreign maid levy is beyond the scope of this Bill. It is not to modify, change or improve the scope of the maid levy. As I mentioned earlier, Sir, having children and raising a family are ultimately personal decisions. The Government can and will try to help to facilitate, and I can assure the House that we will be as flexible and as generous as we can. We all want children. We want children to be a joy, not just another burden to the family, and we want our children to feel wanted. Any sacrifice that parents make in raising them must be a labour of love and an expression of love.”
“Even if the employee provides only a week's notice before confinement, for example, the employer has three months to submit claims as the deadline is one month after the expiry of the maternity leave. But, again, we will be flexible if there are valid reasons for late claims. In other words, we will not penalise people as it were. We want to pay them. We want to make sure that this scheme works. Wanting to have children and wanting to build a family is a very personal choice. We cannot demand it by fiat. No government can demand it by fiat. It has to be a personal choice. But the Government could facilitate and encourage by having schemes like this. Our feedback has been that families or parents who have their first child, or want to have their first child, usually do not have financial difficulties. They want to have their second or third child, but baulk at it either because of financial or other constraints, and this Bill will try to address that financial obstacle of parents. On the question of rights of employees, yes, the rights of employees are protected and, as I mentioned earlier in my speech, the Bill has provisions to punish errant employers who do not pay the maternity benefits to their employees. In fact, it is the same in the Employment Act too. Mr Noris Ong asked what the specific details are. Sir, the details of the scheme will be released soon by my Ministry. But let us start with what we have first, before we extend it to other uses. We must realise that this is something unique. There is no precedent for such an Act here, so we will have to proceed slowly, and we will have to modify and fine-tune along the way.”
“I just want to clarify the position. I agree with the words "lawfully married". But I am questioning the word "natural". Mr Abdullah Tarmugi: Yes. I know where he is coming from when he said that, because he did mention also what if the child is conceived out of artificial insemination. Sir, in such cases, if there is no paternity challenge and if the couple accept the child as their own, then they will be eligible. This is where administrative consideration will be given. It is not our intention to deny payment to that particular child. Sir, Dr Lily Neo asked whether children who are born prematurely would be considered. I am afraid not. When the Prime Minister announced the scheme at the National Day Rally on 20th August last year, he did mention that we were already being generous to the early babies by implementing on 1st April 2001. However if there is strong medical evidence to suggest that a baby was conceived after PM's announcement, but the baby arrived early, that is, premature birth, then MCDS would consider on a case-by-case basis. On the use of "baby bonus" for parenting and marriage courses, the intention is for the "baby bonus" to be used for childcare centres and kindergartens. But the families or parents are free to use the first tier for parenting courses and informal childcare arrangement. In fact, one of the main reasons for creating the first tier is to allow this flexibility by parents to use this cash amount for such programmes or projects. And the procedures for the claims, we assure her, will be simple. We would not make it complicated. We think the employers and employees have enough time to submit their claims.”
“I wonder whether it is absolutely necessary to include the word "natural" in that section. 6.30 pm”
“Sir, I support the Bill and I agree with the Minister that, taken together with other programmes, there is a fair chance of increasing the birth rate. Earlier speakers have already come out with a long list of possibilities to widen and enhance the provisions. I have only three questions. The first is with regard to clause 6 where it states that: "On the death of a member, the moneys standing to his credit in his bank account shall be paid to the Public Trustee for disposal in accordance with any written law for the time being in force." I am just seeking clarification that this money would actually end up in the accounts of surviving siblings. The second question is with regard to clause 9. I am glad that it has provided for self-employed women. But I can think of a class of women, which is quite common, they work especially in family provision stores and family businesses. For all intents and purposes, they contribute as much as the self-employed women but with no stature and no pay. So I am just wondering whether this class of women could be seriously considered even if it is only by a prescribed sum of money. Finally, I would like the Minister to look at the possibility of dealing with clause 9(3)(b) where a reference is made to being "lawfully married to the child's natural father". I wonder what will happen if it was discovered later that there has been a case of infidelity. Would the Government be taking legal action against the mother and claim back its contributions? Would the innocent child therefore lose out? There is also the possibility that the child could be the result of modern medicine, artificial insemination, and so forth, and either or neither one of the parents is so-called "natural".”
“Whilst it is essential that more people get married earlier and have children, we cannot and must not marginalise the singles.”
“Sir, it is in the interest of the nation to promote family values. It is right to encourage people to get married and to have children. However, in our enthusiasm, we must also recognise the rights of individuals to choose their future. There will be some who choose to remain single. There will be others who end up being single after the breakup of a relationship. These would include single parents. Whilst we can and should do more to encourage people to form family units and to remain together, some marriages would just not work out. There are a myriad of reasons why people would choose to remain single and why some marriages break up. As a successful nation, we can and should cater for those who by choice, or by default, are singles. Being single does not prevent them from being active contributing citizens. Some may even care more for Singapore than families which care only for themselves. The most important possession for anyone must be the roof over the head. Having a home provides the security and peace of mind. It is the base from which one can function. It is a place one can return to, after a hard day's work and enjoy the privacy and comfort invested in. Not every single would wish to live alone. Some would prefer to live with family members who welcome them. However, there should be provisions for such individuals to make a choice, especially if he or she matters. I hasten to add that when addressing this issue, the Ministry must avoid the convenience of clustering units to be made available for singles. They are not infirm and do not require special services. Clustering tends to stigmatise. Singles are also Singaporeans and should be catered for like any other Singaporeans.”
“The present situation allows for some package deals to cloud the judgement of the buyer. In many cases, a consumer wrongly believes that a COE has been guaranteed only to find that he has to pay an additional sum of hard earned money to buy the car he has committed to. With the introduction of open bidding, it is time to consider making this change and stop cars from being sold as a package, which includes the COE. Consumers are now better placed to make informed judgement and allowing package deals to flourish cannot be in the interest of consumers.”
“The principle behind offering COEs, through a bidding system, is to allow market forces to determine the pricing and, indirectly, influence the direction of COEs to those who need them most and are willing to pay the price. The common practice of packaging COEs into car sales has distorted the mechanism and therefore the pricing of COEs cannot be said to be influenced strictly by demand pattern. In the package deals, COEs are subsidised. Instead of lowering the prices of cars when the cost is down, a dealer will prefer to subsidise the COE. After all, a sale is not completed until the buyer is able to register the car. From the perspective of the buyer, leaving it all to the car dealer in the package deal simplifies his life. In addition, by not lowering the car price and, instead, subsidising the COE, the buyer is greatly assisted in obtaining maximum financing of the purchase. Certainly, it would appear that the present arrangements would benefit everybody. I, for one, have always gone for a package deal and it is so convenient. I am raising this subject as I believe that, in the longer term, it would better serve the consumer if the process for gaining a COE is separated from that for purchasing a car. By breaking up the two functions, COE pricing would more closely reflect market demand. Having obtained a COE, the consumer would then shop around for the best deal in town. Since the prices of cars will no longer include the price of a COE, consumers would be presented with a clearer picture of the pricing and make better judgement on the deal. Armed with the information, such as the open market value of the car and the taxes that go with it, a consumer can gauge the amount of premium he has to pay in choosing one car over another.”
“The first approach will require all successful bidders to pay the same lowest successful price. The second approach will adopt the successful bid price, as that for registering Category A vehicles, and the price for registering a larger capacity vehicle would be on a multiple of this base price. One can make a very strong case for either approach. Sir, it would suffice to simplify the system by pooling all the COEs. I believe it would lead to a more stable COE pricing and also a simpler system would encourage people to do the bidding themselves.”
“Sir, with the forthcoming introduction of open bidding, it may be timely to reconsider the bases of allocating COEs. Currently, COEs are allocated for the different categories. For motor vehicles, there are category A for cars with engine capacity of up to 1600 cc; category B for cars with engine capacity above 1600 cc; and category E, which is open and can be used to register any type of vehicle. There used to be more categories and allocations, unfortunately started on a historical basis, and have only served to perpetuate the historical pattern of demand. To some extent, collapsing the old categories I and II into category A has helped the situation. There were times when the prices of category I COEs, that is for the small cars of up to 1,000 cc, exceed that for category II COEs for cars with engine capacity between 1,001 cc and 1600 cc. The reality is that bidding for COE in any category was open to everyone. There was no practical way of keeping category I COEs only for those with a more modest budget. On the other hand, a limited supply of COEs in any category will result in a higher pricing if the demand is there. Having different categories and varying supplies make the whole process of understanding how the COE system works unnecessarily complex. It is not surprising that most people would gladly leave it to the car dealers to handle the bidding on their behalf. I would like to propose that the entire supply of COEs available at each bidding be placed in a single pool. People should just bid for COEs from the pool. In this way, the supply for any category of cars would automatically adjust according to the demand for that bidding. 12.45 pm Having secured the COEs, there are two approaches.”
“Having the basics under their belt, they can go straight into a higher level of training. They would thus require less time to be fully trained soldiers and can be released sooner to complete their tertiary education. A shorter NS commitment would also reduce the disadvantage men face, in terms of time loss, as compared to their female contemporaries. I hope that the Ministry could give some consideration to this proposal.”
“Sir, as we have heard from the Minister, defence is placed high on the priority list. The Ministry of Defence has ensured that equipping our forces with modern and high-tech weaponry enhances the capabilities of our soldiers. It no longer requires just brawn but intelligence to be an efficient fighting man. The Minister also stressed on the important contributions our NSmen made. I would like to propose a scheme whereby the efficiency of our NSmen can be maintained, yet the period spent under NS is shortened. Most schools offer their students a chance of joining the uniformed group as the National Cadet Corps. In the NCC, students are trained in the basics of military skills, including weapon handling. It does not take much to upgrade NCC training to cover the scope for basic military training. If this is done, enlisted men who have spent at least two years in the NCC could be considered for much shorter or revamped basic military training. It may be possible to shave off a few months from their overall NS commitment. Training under National Service should be intensive and less time consuming. To a great extent, men can be prepared for National Service by having them to join the NCC and being provided with pre-NS training. In addition to needing less time under NS, our men would treat military training as just a normal process since they started training while still schooling. Such a scheme could start from Secondary 3. Those who continue into JC level could be provided with a wider scope of training to prepare and test them as potentials for accelerated promotion to the ranks of non-commissioned officers. The time spent under NS can be maximised with such a scheme. Enlisted men would already be familiar with military training and the terminology used.”
“Just a clarification, Sir. The advertising rules actually appear in the Public Accountants Board's Rules as well, verbatim from that which appears in ICPAS. I wonder whether the Public Accountants Board could lead the way in liberalising advertising.”
“I would like to say that, as far as the Government is concerned, the intention of this Bill is neither to encourage nor to discourage accountants from setting up accounting corporations. It is to allow for an additional form of business structure for accountants over and above partnerships. A statutory cap on auditors' liability suggests that we can statutorily pre-determine the potential damage caused by an errant auditor. There are also two main disadvantages to statutory capping. First, setting such a cap on the auditors' liability may be unfair to the plaintiff as he may suffer damages caused by the public accountant in excess of the cap. Second, high standards of public accounting are crucial to the development of Singapore as an international financial and investment centre. Statutory capping may indirectly compromise the standards as the incentives for public accountants to be thorough in their work may be lowered with the knowledge that they will not be hurt badly in the event of a law suit. Other professions have been allowed to incorporate in Singapore, namely, the lawyers, engineers, architects and doctors, and none of them have statutory capping on their liabilities. Finally, Mr Ong has also suggested that the subsidiaries of accounting corporations should also be treated as private exempt companies. I believe it would depend on the activities of these subsidiaries. In most instances, I would assume that the subsidiaries of auditing firms are formed to do mostly non-auditing work. If this is the case and the subsidiaries are performing non-auditing work, there would be little ground for granting them private exempt status. However, this is an area which I will undertake to study further.”
“In the event of a non-transfer, the accounting corporation will not be in compliance with section 18I and its status as an accounting corporation can be revoked. After revocation, the company can still provide professional services other than public accountancy services in its capacity as a company registered under the Companies Act and according to its articles of association. The company cannot then hold itself out as an accounting corporation and would have to operate under revocation under a revised name, subject to the approval of the Registrar of Companies and Businesses. Dr Neo is also concerned that after the one-month period allowed for the filling of a vacant directorship, it might be insufficient in the case of an accounting corporation with only two directors. In this case of an accounting corporation with only two directors, only one of them needs to be a public accountant. If the vacancy created is for a director who is not a public accountant, filling the vacancy should not be a problem within the one-month period stipulated. If the vacancy created is for a public accountant and the accounting corporation has difficulty in filling it within the one-month deadline, it may apply to the Public Accountants Board for an extension of time. Finally, I would point out that if an accounting corporation is dissatisfied with the Public Accountants Board's decision on this issue, it can appeal to the High Court, as provided under section 21A(1)(f) and under section 22. Mr Noris Ong, and later Mr Gerard Ee, have both said that they would want a cap on the accountant's personal liability, otherwise there would be no incentives for sole proprietors to form accounting corporations.”
“Dr Neo is concerned that the use of the word "prescribed" in new section 18A(3)(b), (c)(i) and (c)(ii) may create ambiguity. The word means prescribed by the Act or subsidiary legislation made thereunder, as provided under Part I, section 2(i) of the Interpretation Act. In the case of the Accountants Act, it is the rules made by the Public Accountants Board with the approval of the Finance Minister under section 58. On new section 18A(3)(b), the comma after "$50,000" is not a typographical error. It is common practice to insert a comma before the qualifying phrase "or such other sum as may be prescribed." Dr Neo is also concerned that uncertainty could arise because section 18I(7) does not state the commencement period of the grace period. I do not believe that there should be ambiguity. Section 18A makes it clear that only corporate practitioners can own two-thirds of the protected fraction or more of the voting shares. If the protected fraction of shareholding is not affected as a result of the shareholder ceasing to be a public accountant or corporate practitioner, neither the accounting corporation nor the person will apply to PAB for a grace period. They will apply only if the protected shareholding fraction is affected. The grace period they will ask for will be from the date of the event of disqualification which took place. Otherwise, the accounting corporation cannot be said to be in compliance with section 18I at all times, thereby rendering it open to disciplinary action. Dr Neo also notes that section 18I is silent on the issue of the non-transfer of voting shares. The consequence of non-transfer of voting shares is addressed in new section 21A(1)(f).”
“And "advertising" is defined as "a communication to the public of information as to the services or skills provided by a public accountant or firm of public accountants with a view to procuring professional business." I am hoping that in the spirit of new section 48(2A)(b), the rules of advertising will be amended. With a liberalisation of the advertising rules, I expect to see more articles on various business aspects to be made available which will provide nuggets of information of value to the public. As it stands, whilst in the rest of the developed world one could easily access interesting websites produced by accounting firms, we in the accounting profession here in Singapore agonise in having to tell people to log-on to our US or other overseas websites to learn more about doing business in Singapore. Sir, I support the Bill. Dr Richard Hu Tsu Tau: Mr Speaker, Sir, before I answer Members' questions, I would like to thank all of them for supporting the Bill itself. I will now take their questions in the order in which they were raised. Mr Leong Horn Kee and later Mr Gerard Ee have suggested that accountants should be allowed to advertise their services in a controlled way, in particular, the smaller firms which are not well known and therefore are unable to compete with the larger firms. I would like to point out that the rules governing advertising by accountants are determined by the Institute of Certified Public Accountants of Singapore (ICPAS). I understand that ICPAS is reviewing the issue and I will refer the Members' suggestions to them. I would like to thank Dr Lily Neo for the questions that she raised as it gives me the opportunity to clarify the ambiguities.”
“Mr Speaker, Sir, I rise to support the Bill. Being the fifth speaker and speaking after the Vice President of the ICPAS, I find that much of what I have planned to say have been said. So, I shall zoom in to lend support to the two points that I share great concern. One is on the capping of liability. The objective of the public accounting corporations is to afford limited liability to the members as opposed to a partnership. As the Minister has said, under tort, the individual would not enjoy such protection and can be sued for unlimited amounts. I can see that, in practice, no individual will be willing to accept the responsibility for signing off accounts unless he obtains cross indemnity from the rest of his members. If that happens, it would negate the benefit that a public accounting operation serves to provide. Therefore, I wonder, as Mr Ong wonders, whether it is possible to legislate a cap on the quantum of a claim from a piece of work to be based on a multiple of the fees charged for that piece of work. This will certainly achieve a more equitable relationship between practitioner and client. Like Mr Leong, I would like to make reference also to a relaxation of advertising rules. The Bill hints on such a possible relaxation. New section 48(2A)(b) refers to advertising or holding itself out or describing itself in any way to be an accounting corporation or to be authorised to provide public accountancy services in Singapore. Currently, the rules on advertising prohibit a public accountant or his firm from seeking professional work by means of advertising.”
“This will alert the readers of the accounts that such exemption has been granted and the reasons behind it so that they can form their own judgement and react to the exclusion. It is also a relief that public listed companies have to hold their AGM within five months of the financial year end. It has been rumoured that the change would be to require such AGM to be held within four months in the light of the forthcoming application of certain new or revised accounting standards which expands the disclosure regime. In time, public listed companies would be eager to hold their AGM even earlier to demonstrate their efficiency and good corporate governance. Sir, I support the Bill.”
“Mr Speaker, Sir, I rise to support the Bill. However, I would like to make a couple of comments on clauses affecting the financial statements. I would like to express relief that foreign subsidiaries will, in future, be allowed to adopt a financial end which is up to two months earlier than that of the parent company. In addition, there will be the avenue for a specified or class of companies within the group, whether incorporated in or out of Singapore, to be exempted from compliance with section 201(a)(6). For a long time now, groups have been agonising over the provision of section 200 which requires a subsidiary to have a year end which is coterminous with that of the parent company and section 201(a) which requires that the audited accounts of all the subsidiaries must be received before the audited consolidated account of the parent can be issued. It is not uncommon for groups to comprise 50 or more companies. Making it compulsory for all the companies in the group to have a coterminous year end stretches the resources of the accounting department. If some of the subsidiaries are established in countries where there is a limited accounting resource and where the accounting needs are vastly different from the standards set in Singapore, it becomes a nightmare. The proposed changes are therefore welcomed as it provides vital relief to a problem faced by a growing number of companies as they regionalise. The requirement proposed by the Bill is to gazette exemption from compliance with section 201(a)(6). As few members of the public would have access to the gazette, I suggest that the directors' report should disclose this fact on the face of it together with the grounds for the exemption.”
“Sir, I would like to ask the Minister how does one ensure that Category A COEs cater for only those in that income group. Is it not a reality that it is open to everyone to bid for it?”
“Thus, in my view, 8 from the full members and 2 from the associate members have not much meaning except I would still like to see at least 2 from each, so that when the Board considers matters, you can be assured that the views of the service providers are being considered. I notice that out of the 23 members, it already included the five Head of Divisions. To argue that there must be greater or fuller representation from all the various sectors would just result in a very enlarged Board which is going to slow down the process. That argument does not stand. For example, just take the Disability Division. There are so many forms of disabilities and where does it end in terms of getting everyone represented? Sir, I urge the Minister, while there is still time, even at the Committee stage, to amend the figures and I would be quite happy to see that the numbers provided for full members and associate members be reduced to 3 and 1 respectively. So instead of having the ten representations, we have four, and instead of having 23 on the Board, we will reduce that to 17, which will certainly improve the situation.”
“Mr Speaker, Sir, I rise to support the Bill. The Bill is progressive and will augur well in enabling the NCSS to remain relevant in the new millennium. The changes are intended to enable NCSS to lead and guide VWOs with speed and effectiveness. That is important because MP Ang Mong Seng has also stressed that. Thus, it is most disappointing to me to see that one major element has not been addressed, and that is, the size of the Board. The current NCSS Act provides for a Board of 22 members plus three additional co-opted members, making it 25. The proposed amendment is good. It is adding one more Vice-President and it has done away with three co-opted members and that reduces the size to 23 members which, in my view, is still far too large. I am of the view that, with the amendments to be made to the Act, it is opportune to consider streamlining the Board for greater flexibility and nimbleness in the decision-making process. Whilst one may argue that there must be representation from Council members, really eight members from the full members and two associate members out of 255 members of the Council really means very little. The Board is there to consider and make the decisions. It is important to have representations and, in my view, it is more important to ensure that there is a mechanism whereby the Board needs members on a regular basis, at least quarterly, if not more often, to collect feedback. And today, with electronic means, there should be constant feedback from members of the Council to the Board.”
“Sir, generally, the feedback from principals is that school bus operators have to operate within certain hours. Without the Ministry coming out with a suggested later starting hour, most schools will be reluctant to make the change. RAdm Teo Chee Hean: Sir, most secondary school students find their own transport to go to school and they do not usually take school bus. Principals are free to decide for themselves what time they wish to start school. HAW PAR VILLA AND TANG DYNASTY (Long-term plans) 6. Mr Noris Ong Chin Guan asked the Minister for Trade and Industry whether his Ministry has any long-term plans for theme parks such as Haw Par Villa and Tang Dynasty, for which the number of foreign and Singapore visitors has been dwindling over the years. The Senior Parliamentary Secretary to the Minister for Trade and Industry (Mr Tang Guan Seng) (for the Minister for Trade and Industry): Mr Speaker, Sir, the Singapore Tourism Board has accepted the surrender of Haw Par Villa by International Theme Parks (Singapore) Pte Ltd, or ITP. ITP had sought to operate the park based on its theme of Chinese mythology, but found that this is not commercially viable. STB will keep the park open to the public for the time being, while it explores options for the park's future. Tang Dynasty has also incurred losses since it started operations in the early 1990s. The park is currently under judicial management, and talks are ongoing with a third party to take over the park. Failing which, JTC would re-tender the site out and retain the use of the land for recreational purposes.”
“Sir, I would like to ask the Minister that since secondary schools have gone into single sessions, do we not want to encourage schools to start later so that their children will not tire themselves out by having to wake up so early to catch the school bus? RAdm Teo Chee Hean: Mr Speaker, Sir, principals are free to decide what time they wish to start school in the best interest of their students.”
“Could the Minister consider making such premises nondescript and enclosed so that under-aged people are restricted from entering the premises?”
“Sir, I do not think we should wait for an accident to happen before acting on it. Will the Minister of State consider stiffer penalties such as impounding the vehicles that are caught breaching the rules?”
“Do we have an assurance that there will be a step up of enforcement? Because it is evident travelling on the road every day that there are breaches of these rules.”