K Shanmugam
Singapore
“Bank accounts are frozen when there is reason to suspect that the bank accounts are involved in illicit activities, including money laundering activities.”
“The Singapore Police Force does not track the requested data. Distinguishing artificial intelligence (AI)-generated content typically requires more detailed forensic examination which may not be necessary in every investigation and may also not be conclusive as to whether AI-generative tools were used.”
“The Building and Construction Authority’s Code on Accessibility provides baseline requirements for accessible and inclusive buildings. It stipulates a minimum width of 1.5 metres or 1.8 metres for primary accessible routes, depending on the building type.”
“The Road Traffic (Motor Vehicles, Driving Licence) Rules under the Road Traffic Act set out the scope of the medical assessment required for motorists aged 65 and above who wish to retain their driving licences.”
“When a Police report has been made, the Police will investigate to determine if a criminal offence has been committed. If there is reasonable suspicion that a case is scam-related, the Police can direct online service providers to restrict Singapore users' access to the relevant online activity under the Online Criminal Harms Act.”
“Through intelligence sharing and coordinated enforcement actions, the cross-border operation disrupted a transnational drug trafficking syndicate and downstream drug trafficking activities, with the UK arresting seven persons so far and further investigations underway.”
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“Under the law, the correctness of a decision is generally determined by reference only to the legal position as it stood at the time of the decision, and will not be affected by subsequent changes in the law. However, in exceptional cases, the Courts may take into account subsequent changes in the law to reassess previously made decisions, even if they were correct at the time they were made. In 2018, we amended the Criminal Procedure Code to introduce a new statutory framework under which accused persons may apply to reopen concluded criminal appeals. Such applications will only be allowed in exceptional cases, where an accused person shows that there is sufficient material on which the appellate court may conclude that there has been a miscarriage of justice. Such material may include legal arguments based on a change in the law after the appeal had been concluded. This is necessary to strike the right balance between preventing miscarriages of justice and the need for finality in criminal proceedings where all appeals have already been exhausted. Accused persons who wish to reopen their concluded criminal appeals after a change in the law may apply under this statutory framework. In the recent decision of Gobi a/l Avedian v PP [2020] SGCA 102 (Gobi (Review)), the applicant successfully applied under the statutory framework to reopen his concluded criminal appeal, after a change in the law. The Court of Appeal set aside the applicant’s conviction on the capital charge, and convicted him instead on a non-capital charge. a. In PP v Gobi a/l Avedian [2019] 1 SLR 113 (Gobi (Appeal)), the applicant was convicted of importing diamorphine.”
“I will deal with matters arising from the Parti Liyani case, in November, by way of a Ministerial Statement in Parliament. I will also deal with this question, at that time.”
“The number of Permanent Residents (PRs) granted Singapore citizenship (SC) was 18,269, 18,840, and 19,049 in 2017, 2018 and 2019 respectively. The total number of SCs granted in that period was 22,076, 22,550 and 22,714 respectively. The differences are due to the number of SCs granted to non-resident minors who were either (i) children of Singaporeans or (ii) children of PRs who were granted SC as a family unit.”
“From 2017 to 2019, 64 Detention Orders and 39 Police Supervision Orders were issued under the Criminal Law (Temporary Provisions) Act (Cap. 67) (the Act). The age of the persons who were subjected to these orders ranged from 17 to 47. The median age was 22. To curb the recruitment of young people into secret societies, the Singapore Police Force (SPF) works closely with various stakeholders, such as the Ministry of Social and Family Development, Ministry of Education and Singapore Prison Service, to develop and implement preventive and rehabilitative initiatives. The Streetwise and Enhanced Streetwise Programmes are two examples. They provide assistance and counselling to youths associated with secret societies. While the Streetwise Programme is voluntary, the Enhanced Streetwise Programme is a compulsory pre-court diversionary programme that imposes additional conditions on youth offenders, such as regular reporting to the Secret Societies Branch of the Criminal Investigation Department, close monitoring of attendance at school or work, and prohibition on going to places where secret society members tend to congregate. Youth offenders who successfully complete the Enhanced Streetwise Programme will receive a stern warning in lieu of prosecution. In addition, SPF regularly conducts community outreach projects, such as Camp ACE, to educate youths on the perils of joining a secret society, and educational talks for parents on tell-tale signs. The SPF also participates in other youth-related platforms to engage stakeholders on the steps they may take to guide youths away from secret society activities.”
“The ability to secure employment is very important for an ex-offender's rehabilitation and reintegration. The percentage of ex-offenders who found employment within three months of release was 55%, 56% and 53% for the cohorts released in 2017, 2018 and 2019, respectively. These figures are lower-bound estimates as our data does not include ex-offenders who took on non-CPF contributing jobs such as delivery riders and private hire car drivers. To enhance ex-offenders' employability, Yellow Ribbon Singapore (YRSG) provides inmates and ex-offenders with skills upgrading, job matching and job coaching services. The economic downturn brought about by COVID-19 has made the job market more challenging for ex-offenders. YRSG has stepped up efforts to help them secure employment. For example, YRSG has tapped on WSG's SGUnited Job Portal and NTUC's Job Security Council initiatives to target industry sectors with available jobs, such as in the logistics and manufacturing sectors, while stepping up engagements with existing employers. Through these efforts, ex-offenders have successfully secured jobs such as technicians, drivers, warehouse assistants and production operators. YRSG has also implemented virtual job interviews to ensure that ex-offenders and potential employers can continue to interact. From January to August 2020, YRSG secured employment for 1,534 ex-offenders, with the majority of them remaining employed during this period.”
“Second, when a Police report is lodged about a scam and investigations have established that a local phone number was used in the scam, the phone number is sent to the telcos for remedial action to be taken, including termination of the number. Similarly, whenever Police investigations reveal that a website was used in the perpetration of scams, the website will be forwarded to the Internet Access Service Providers to be blocked. MCI, IMDA and the Police will continue to work with our telcos to put in place measures to better protect Singaporeans from scams. The Member has suggested setting up a system where the public can report scam calls and for these calls to be blocked. We will look into this suggestion.”
“There were 10,402 cases of scam reported in the first eight months of this year, which is a 100% increase over the 5,229 cases reported during the same period last year. The sharp increase could be partly because more people are staying at home and carrying out more online transactions during this COVID-19 pandemic. For instance, we saw a spike in e-commerce scams involving face masks, hand sanitisers, and other COVID-related products, as well as scams where scammers impersonated officials from the Ministry of Health to obtain victims' personal data and information. There were also significant increases in social media impersonation scams, banking-related phishing scams, loan scams, investment scams and tech support scams. The Inter-Ministry Committee on Scams (IMCS) was set up in April 2020 to develop additional measures to combat scams. The IMCS is looking at four broad areas: (i) improving scam detection and disruption capabilities; (ii) developing measures to secure the digital space; (iii) enhancing loss recovery for scam victims; and (iv) improving public education and outreach. We have also been working with the telcos on measures to counter scams that are perpetrated using telecommunication services. First, efforts have been made to identify and block potentially fraudulent calls for the public. Most scammers are based overseas and often use number spoofing technology to mask their real phone number. Since December 2019, telcos have started blocking international incoming calls that resemble Government agency or emergency numbers. Telcos have also implemented the '+' prefix for all overseas calls since April 2020 to get consumers to exercise greater care when answering overseas calls.”
“On 7 May 2019, amendments to the Protection from Harassment Act were passed by Parliament. The amendments enhance the existing protections given to victims of harassment. From 8 May 2019 to 31 August 2020, the breakdown of applications for Protection Orders (POs) and Expedited Protection Orders (EPOs) is as follows. During this period, the average time for a PO application to be heard was 9 days from filing. The average time for an EPO application to be heard was 4 days from filing. The amendments also provide for a new Protection from Harassment Courts (PHC), which will have oversight over all criminal and civil matters under POHA. The preparations for the PHC are in an advanced stage. The procedural rules and subsidiary legislation required to support the creation of the PHC are being drafted, and arrangements involving a few agencies are being put in place. Changes to several online court filing systems, including the introduction of a dedicated POHA module, are also being implemented. The Ministry will make an announcement when the PHC is ready.”
“Where there is a disagreement in the interpretation of contract terms, regardless of whether it leads to a withholding of payments or otherwise, it should be resolved in the usual way – through legal proceedings in the courts, or via any alternative dispute resolution mechanism agreed by the parties (such as arbitration or mediation). The COVID-19 (Temporary Measures) Act 2020 (the Act) does not deal with disputes over the interpretation of contracts. Instead, the Act provides a suite of legal reliefs to help businesses and individuals whose contracts have been affected in unanticipated ways due to the extraordinary impact of the COVID-19 pandemic on all aspects of our daily life. First, in April 2020, we introduced the Act to provide temporary relief to businesses and individuals who are unable to fulfil their contractual obligations under certain scheduled contracts due to COVID-19. It imposed a moratorium on the commencement or continuation of legal and enforcement proceedings where the breach of contract was materially caused by COVID-19. Second, in June 2020, the Act was amended to create the rental relief framework for Small and Medium Enterprises, and specified Non-Profit Organisations, to support them in their recovery from the impact of the COVID-19 pandemic. Third, also in June 2020, we amended the Act to include a new Part 8, which provide further targeted relief for specific sectors that have been affected by a delay or breach in a construction or supply contract.”
“State Courts is able to provide the following statistics: State Courts currently does not have readily available information on the number of CDRT cases that had previously been mediated at the Community Mediation Centre ("CMC") prior to filing at the CDRT. However, the CDRT requires all applicants to fill in a pre-filing assessment form, where applicants must state whether they had attended mediation with the respondents in the six months preceding the CDRT application.”
“In 2015, the Community Disputes Resolution Tribunals (CDRT) were established as specialised courts to deal with neighbour disputes with the intention that they be faster, less costly and less adversarial than traditional civil proceedings, so as to better preserve relationships between the neighbours. Proceedings are therefore governed by simplified procedures and are judge-led. Lawyers are not involved, unless parties agree to legal representation and the CDRT judge permits it. Consistent with this, the costs of proceedings before the CDRT are generally less than normal civil proceedings. The filing fee was pegged at a level commensurate with the nature of the disputes, and lower than the filing fees for civil proceedings before the District Court and Magistrate's Court. A successful CDRT applicant may claim the cost of filing his application from the respondent as a disbursement for his case. Additionally, an applicant who is able to show that he cannot afford to pay a filing fee may be granted a waiver, upon application. These are considered on a case-by-case basis.”
“Between April and August 2020, 1,587 cases of Unlicensed Moneylending (UML) and UML-related harassment were reported. This was a 40% decrease from 2,642 cases reported during the same period in 2019. Data for September 2020 is not available yet. Over the past five years, between 100 and 160 youths aged between 16 and 21 years old were arrested for UML offences every year. There was no clear trend of increase. More recently, between January and August 2020, 89 youths in this age range were arrested for UML offences, which was a 19% decrease from 110 in the same period in 2019. The Police are stepping up efforts to counter these crimes, as the economic downturn may lead to more people seeking illegal loans. Between January and September 2020, Police conducted four major enforcement operations and arrested a total of 838 subjects who were believed to be involved in loan-sharking activities. The Police are also actively working and sharing information with various stakeholders, including foreign law enforcement agencies, to dismantle loan-shark syndicates that are operating outside Singapore. On the public education front, Police launched the 4th Anti-UML campaign in January 2020, with the aim of increasing public awareness (i) not to borrow from unlicensed moneylenders or work for them; (ii) that there are social assistance and credit counselling agencies which provide help for UML cases; and (iii) that legal moneylenders are not allowed to advertise via SMS/WhatsApp, and hence the public should ignore, block and report UML advertisements received via SMS/WhatsApp.”
“These operations resulted in the arrest of more than 120 syndicate members worldwide, with seven extradited to Singapore for criminal prosecution.”
“MAS shared in a written reply to Questions 101 and 102 appearing in the Order Paper for the sitting on 5 October 2020, on how banks in Singapore have improved their anti-money laundering (AML) controls over the years, under MAS’ close supervision. Suspicious transactions reports (STRs) filed by Singapore’s financial institutions are an important part of these controls. The volume of STRs has increased significantly, from 12,000 in 2010 to 32,000 in 2019, a positive development. Of the STRs filed in 2019, 13% directly led to initiation of or supported investigations. In a recent case, Police successfully uncovered and prosecuted an insider fraud involving more than $1.9 million, pursuant to a STR filed by a bank. Our law enforcement agencies have close working relationships with their foreign counterparts. We have collaborated in several complex transnational investigations to intercept criminal proceeds, disrupt the criminal syndicates and bring the criminals to justice. In March 2020, the Police seized more than $6.4 million in a transnational money laundering case related to Covid-19 medical supplies, within one day of receiving the intelligence. In 2018, the Police returned more than $27 million in criminal proceeds to the Chinese authorities. These monies were linked to one of the biggest Ponzi schemes in China, which saw 1.15 million investors cheated out of $7 billion. These seizures were the result of Police’s money laundering investigations. Since 2017, the Police have also conducted more than 10 joint operations with their overseas counterparts, in jurisdictions such as Malaysia, Hong Kong, Macau and China, to disrupt criminal syndicates conducting online scams targeting Singapore residents and laundering their ill-gotten gains out of Singapore.”
“The agencies have considered the High Court judgment, and are conducting reviews. These reviews are still in progress. I will address the question raised by the Member, after the reviews are completed. I expect to do so at the November sitting. As I have indicated, I will be making a Ministerial Statement.”
“Police have received an average of 415 family violence reports per month since April. For all the reports, Police will assess the facts and circumstances of the case to determine if investigations should be initiated. Investigations were initiated in more than 40% of the cases. About 3% of the cases investigated were prosecuted in court and about 12% were given a warning in lieu of prosecution. Family violence cases often have complex underlying issues and prosecution may not always be the optimal solution. In some cases, other avenues of assistance may be more appropriate. For example, Police may advise the victim to apply for a Protection Order, or refer the family to social service agencies for counselling and assistance.”
“The number of Community Disputes Resolution Tribunal ("CDRT") claims filed to date in respect of certain complaints is as follows: State Courts does not track data on the type of dwelling involved in each claim and is unable to provide specific data on how many of the above claims involved disputes between HDB neighbours.”
“The Ministry of Law and our partners provide various avenues for individuals with mobility needs to obtain legal assistance without having to leave their homes. For such individuals seeking civil legal aid, the entire provision can be done remotely. Individuals can and are encouraged to submit their applications online via the Legal Aid Bureau's website1, and can correspond with the Bureau online or by telephone. Similarly, for criminal legal aid, applicants may complete an online declaration and application form on the Law Society Pro Bono Services’ website2. Subsequent communications can take place over the phone or via email. If the applicant is unable to use online modes of communication, we will try to assist the applicant over the phone. Persons in need of legal advice may also seek help and legal advice via video conferencing from the Law Society's Community Legal Clinics, as well as several other legal clinics. Members of the public can also access various online self-help tools. For example, the iLAB chatbot on the Legal Aid Bureau’s website provides tailored legal information on divorce, family violence and issues related to COVID-19, and can generate simple legal documents, and the Community Justice Centre's online Automated Court Document Assembly and Generation provides guidance in filing certain court forms.”
“The agencies have considered the High Court judgment, and are conducting reviews. These reviews are still in progress. I will address the questions raised by Members, after the reviews are completed. I expect to do so at the November sitting. As I have indicated, I will be making a Ministerial Statement.”
“The Member asked about whether there has been a study of the deterrent effect of the death penalty, in respect of persons whose reasoning capacity may have been compromised by mental illness. If the offender was of unsound mind at the time of the commission of the offence, the offender will be acquitted of the offence by reason of the defence of unsoundness of mind under section 84 of the Penal Code. This defence applies to all offences, including offences outside the Penal Code. The Member asked about cases involving offenders with addiction. Intoxication – whether induced by drugs or other substances – is a defence under section 85 of the Penal Code. However, the offender needs to show that as a result of the intoxication, he did not know what he was doing, or he did not know that his conduct was wrong, and the intoxication was caused without his knowledge or against his will. The Government has the responsibility to ensure the safety and security of Singaporeans, while maintaining a fair and just criminal justice system. The rights of offenders need to be considered, in the context of the rights of victims and the right of Singaporeans to live in safety and security. The approach we have taken has resulted in Singapore being one of the safest places in the world to live. This is something deeply valued by Singaporeans. We invite the Member to share with MHA whether he is supportive of the death penalty, for what offences and why. And if he is against the death penalty, then it will also be useful to hear from him on his reasons for his position. The Member’s views will be given careful and respectful consideration.”
“drug abusers) showed that traffickers who stated that they had higher awareness of and were mindful of the severe legal consequences, had limited their trafficking behavior. This points to restrictive deterrence, as trafficking activities were intentionally limited when there was greater awareness of sanctions. The majority of the offenders who were non-traffickers (85.1%) likewise felt that the death penalty has a deterrent effect. There is also some evidence of the deterrent effect of the death penalty, by reference to other offences, beyond drug trafficking. Prior to 1973, firearms robbery was on the rise, reaching a peak of 174 cases in 1973. A dramatic drop was witnessed over the decades following the introduction of the death penalty for such offences. Firearms offences immediately fell by 39% to 106 cases the next year, and fell further within the next three to four years to an even lower level, and remains at a very low level today. At Annex 1 is a chart showing this. Today, firearms robbery is rare in Singapore, with no cases reported in the last 13 years. This is an indicator of the strong deterrent effect of the death penalty. The introduction of the death penalty for kidnapping under the Punishment of Kidnapping Ordinance in 1961 likewise resulted in a dramatic drop in such cases. In the three years before 1961, there were on average, 29 kidnapping cases a year in Singapore. But this fell to only one case in 1961. Except for six cases in 1964 and three cases in 2003, kidnapping cases have not exceeded two cases per year since the death penalty was introduced. At Annex 2 is a chart showing this. There is majority public support for the death penalty. Various surveys have been conducted which show this.”
“MHA had also commissioned a study of a sample of non-Singaporeans who are likely to visit Singapore and hence might potentially encounter Singapore laws and penalties. The study was conducted in 2018. The majority (76%) believed that compared to life imprisonment, the death penalty is more effective in discouraging people from committing serious crimes (e.g. intentional murder, smuggling firearms, and drug trafficking) in Singapore. The majority (84%) also believed that compared to life imprisonment, the death penalty is more effective in discouraging people from trafficking drugs into Singapore. We want to emphasise that the studies need to be taken in context. Some tentative conclusions can be drawn, but the very nature of these studies is such that more work will have to be done over periods of time. There is also some evidence that drug traffickers who had been arrested, had known about the death penalty and the amounts that would attract the death penalty, and this had caused a reduction of the amount of drugs trafficked. MHA found that there was a 66% reduction in the average net weight trafficked for opium, in the four-year window after the mandatory death penalty was introduced in 1990 for trafficking more than 1,200g of opium. Similarly, in the four-year period after the introduction of the mandatory death penalty for trafficking involving more than 500g of cannabis in 1990, there was a 15 to 19 percentage point reduction in the probability that traffickers would choose to traffic above the capital sentence threshold. Another study conducted by MHA on convicted drug traffickers and non-drug traffickers (e.g.”
“In deciding whether to apply the death penalty to a particular offence, the Government takes into account (amongst other factors) three key considerations. First, the seriousness of the offence, in terms of the harm that the offence will cause to the victim and to society. Second, how frequent or widespread the offence is. Third, the need for deterrence. These considerations are considered in totality. For example, the fact that an offence is not widespread now, may not, by itself, be a decisive factor. The death penalty is imposed for offences such as intentional murder, gang robbery with murder, trafficking of significant quantities of drugs, terrorist bombing, and the use of firearms. While the capital sentence thresholds for drug trafficking may not seem high to the layperson, they actually involve significant quantities of drugs. For example, the capital sentence threshold amount of 15g of pure heroin (diamorphine) is equivalent to 1,250 straws of heroin, and feeds 180 drug abusers for a week. This is bringing death, or at least a life of ruin, to a large number of abusers and their families. There have been some studies commissioned by the Government on the deterrent effect of the death penalty compared to life imprisonment, as well as on public views on the death penalty. Last year, the Ministry of Home Affairs (MHA) had commissioned a survey of 2,000 residents' attitudes towards the imposition of capital punishment. The majority of the respondents agreed or strongly agreed that the death penalty is more effective than life imprisonment as a deterrent against using firearms in Singapore (70.8%), committing murder (70.6%) and drug trafficking (68%).”
“The Ministry of Home Affairs (MHA) has been working with MAS and the Association of Banks in Singapore (ABS) to develop measures to protect clients of financial institutions from scams. To prevent banking clients from falling prey to scams while they are completing online transactions, many banks now display messages in their One-Time-Password (OTP) notifications to warn customers not to share their OTPs with anyone. The banks also prominently display warnings about scams on their websites and mobile applications to increase their customers' awareness and vigilance. Other measures that have been introduced include multi-factor authentication to verify customers' identities, transaction alerts to notify customers of their online transactions, and fraud monitoring. MHA, MAS and ABS are working together as part of the Inter-Ministry Committee on Scams (IMCS) to explore other means of detecting and flagging suspicious transactions to prevent Singaporeans from falling prey to scammers. In particular, ABS member banks are working to implement more advanced fraud detection and transaction monitoring systems to identify suspicious and unusual transactions. There are also ongoing efforts to improve information sharing and coordination within the industry to facilitate recovery of scammed funds. ABS is also working with SPF to develop an online scam quiz to raise customers’ knowledge of scams and cyber hygiene before the opening of internet banking accounts. We will study the Member's proposal on pop-up reminders for overseas remittance.”
“Mask wearing is enforced to protect public health. However, Police officers do exercise flexibility when dealing with vulnerable persons, such as children and persons with special needs. The officers adopt an advisory approach when engaging such persons and the caregivers, and advise the wearing of face shields if the person has difficulties wearing face masks. They use simple and clear language. Police officers are equipped with these skills to engage vulnerable persons, as part of their training on general policing.”
“Sir, as I have indicated, let me finish the reviews, deal with that, present an account in Parliament, and then Mr Leong can ask his questions.”
“Sir, as regard to the questions and whether we will cover them, I will hope to cover the questions that have been raised and if I have not covered any particular part, Members can further ask some clarifications. On the disciplinary proceedings, no decision has been made by the Court, and I prefer to wait until the Court has heard and decided the matter, which is, I think, in a week or so, before I comment on it.”
“Some parties believe that it is better to skip mediation and go straight to the courts, in order to obtain a permanent, binding order, in their favour. The Community Disputes Resolution Tribunals (CDRT) was established in 2015 as an avenue of last resort. A CDRT judge can require parties to attend mediation. If mediation is not successful, the dispute can also be litigated before the CDRT. Between January 2019 and July 2020, 25 claims relating to excessive smoke, caused by activities such as the burning of incense and cigarette smoking, were filed at the CDRT. There was no discernible shift in the number of claims filed with the CDRT during and after the circuit breaker. The Government is mindful that even with the CMC and CDRT in place, there continues to be difficult cases that are not resolved and differences not reconciled. It has been about five years since the community dispute resolution framework was launched. It is timely to review how we can strengthen it and make it more effective.”
“In a densely populated state such as Singapore, disagreements between neighbours may arise. These include instances where second-hand cigarette smoke from one neighbour affects another. In some cases, neighbours are able to discuss such issues directly and resolve them amicably. Finding mutually acceptable solutions in this way strengthens neighbourly relations in the long run. In instances where neighbours are unable to resolve the dispute themselves, the Government has created avenues to help neighbours work out their disagreements. While Housing and Development Board (HDB) officers do not themselves conduct mediation, the Community Mediation Centre (CMC) provides trained, neutral, mediators who can help neighbours arrive at mutually acceptable solutions. Mediation at the CMC is generally voluntary. Between January 2019 and July 2020, 71 cases concerning second-hand cigarette smoke were registered with the CMC. During and after the circuit breaker, there was an increase in the number of disputes over cigarette smoke registered with the CMC, up from an average of two cases before, to eight cases monthly. 70 out of the 71 cases registered were voluntary. To date, nine cases have proceeded to mediation. Six of these cases were successful. About two-thirds of the 71 cases did not proceed to mediation because one party either declined mediation or did not respond. As mediation is generally voluntary, it has its limitations. As can be seen, despite the relatively high success rate of CMC mediations, the take up rate remains low. In some cases, parties may presume that the relationship has deteriorated so much that there is no point attempting to negotiate. Mediators also cannot make binding decisions; they can only help parties reach a mutual agreement.”
“Under the Private Security Industry Act (PSIA), a person must be licensed before carrying out the functions of a security officer. Security screening is part of the licensing procedures. This reduces the risk that persons abuse their positions as security officers to commit crimes against their clients or the public. Security officers perform duties such as patrol, access control, and responding to incidents. They need to be properly trained and qualified, so that they can perform these important duties effectively. The process of licence application and training can be done concurrently. A person can obtain his licence and complete the requisite training in about two weeks if he meets the security screening and course requirements. It is also a licensing condition that security officers above the age of 60 be certified medically fit for duty before being deployed. This is for their own welfare and safety, as the job of a security officer is physically demanding. In short, there are important reasons for these requirements. The Police can allow security agencies to deploy as security officers, only persons who have been security cleared and are properly qualified.”
“From February to July in 2019 and 2020, the Immigration and Checkpoints Authority (ICA) received 6,419 and 8,395 applications respectively for extension of Short-Term Visit Pass (STVP) from foreign spouses of Singaporeans. 2.6% and 2.8% respectively were rejected. From February to July in 2019 and 2020, ICA received 4,503 and 4,243 applications respectively for renewal of Long-Term Visit Pass (LTVP) from foreign spouses of Singaporeans. In both years, about 0.4% of applications were rejected. Over the same period, ICA received 987 and 1,554 applications respectively for renewal of Long-Term Visit Pass Plus (LTVP+) from foreign spouses of Singaporeans. 0.9% and 0.5% respectively were rejected. Applications for STVP, LTVP and LTVP+ are considered holistically and there may be a number of reasons why a pass is not extended or renewed. STVP extension applications are rejected mostly because the sponsor or applicant was found to have adverse records, or the applicant was unable to substantiate the need for further extensions. For LTVP or LTVP+ renewal applications, reasons for rejection were mostly because the sponsor or the applicant was found to have adverse records, or was not able to demonstrate the ability to support the family financially. To assist those with genuine difficulties during the current COVID-19 situation, ICA considers additional factors, such as the prevailing travel restrictions and flight connectivity, when assessing the extension or renewal of passes.”
“Through SG Together, we will further widen and deepen our engagement and collaboration efforts as we develop our plans to help us better realise our vision.”
“A strong rule of law is a cornerstone of a progressive country. We will continue to undertake legal reforms to maintain trust in our legal system. We will also continue to be a responsible member of the international community and fulfil our international obligations, such as our efforts in anti-money laundering/ countering the financing of terrorism. To strengthen the criminal justice system, we amended the Penal Code to introduce enhanced penalties for offences against minors and vulnerable victims, and to create new offences for voyeurism, distributing intimate images, and sexually exploiting minors. We also amended the Protection from Harassment Act to strengthen protection for victims of harassment and online bullying, and to tackle offences such as doxxing. We will operationalise a new specialist Protection from Harassment Court to provide a one-stop solution for victims to receive holistic and effective relief with simplified procedures and expedited timelines. We will progressively implement the recommendations of the Committee to review and enhance Reforms in the Family Justice System to promote the use of multi-disciplinary approaches and processes to resolve family disputes out of court. This will help minimise litigation and promote healing of relationships. We will also simplify and streamline court processes in the civil justice system while keeping costs affordable and enabling court proceedings to be conducted flexibly, for example by expanding the scope of remote and asynchronous hearings. MinLaw has been working in close partnership with agencies and stakeholders to transform the legal industry to adopt innovation and technology, as well as strengthen Singapore's position as an international hub for dispute resolution.”
“We will support law practices in expanding their international reach, for example by equipping lawyers with an understanding of key markets, and developing joint programmes with other professional services such as the "Lawyers and Accountants Go Global" programme to capture new markets and foreign client bases. We will also build on the new omnibus Insolvency, Restructuring and Dissolution Act to strengthen Singapore as an international centre for debt restructuring. We will continue to implement reforms to provide companies and individuals with additional options for litigation funding, starting with certain categories of proceedings, to enable more litigants to pursue meritorious claims. We will also build on the "Tech-celerate for Law" programme, and continue to work with law practices to accelerate the adoption of technology to improve productivity and enable the delivery of legal services in new and innovative ways. To encourage and strengthen support for businesses to use their IP for growth, we launched the SG Patent Fast Track in April 2020 to enable innovative businesses to protect their inventions in all fields of technology, including COVID-19 solutions. We will expand the programme to include Trade Marks and Registered Designs. We will also continue to assist enterprises and communities to better manage and monetise their intellectual property, for example through the Growing with Resilience through InTangibles (GRIT) initiative. We will work with the private sector to build up Singapore's geospatial capabilities with the launch of a 3D Singapore Sandbox. This Sandbox will enable the private sector to test out innovative solutions using 3D geospatial modelling, visualisation and analytics tools.”
“COVID-19 has brought on new challenges to our society and may have exacerbated the legal problems which vulnerable groups face. To better support them, we will expand our partnerships with Social Service Agencies (SSAs) and Family Service Centres (FSCs). We will help people address not only their legal problems but also their underlying social needs. As we accelerate the digital transformation of our legal aid services, we will work with our partners to ensure that access to legal aid and advice will not be hampered by the lack of access to technology. To ensure that all segments of our society have access to justice in a post-COVID-19 world, we are reviewing and streamlining common legal processes, such as conveyancing, making a will, and applying for probate. We will accelerate the use of technology in these processes, so that they are more accessible and user-friendly, whilst still protecting the interests of all parties. We will also review the Community Dispute Management Framework to strengthen the management of disputes between neighbours. Looking beyond the immediate challenges, we are planning ahead and will boldly seize new opportunities to transform our legal services, intellectual property (IP), and geospatial sectors. Singapore is already a leading international dispute resolution hub. This was further bolstered by the adoption of the Singapore Convention on Mediation, the first UN Convention named after Singapore, in 2019. The Convention will come into force on 12 September 2020. We will build on our strong foundation and work closely with law associations, law practices, lawyers, and law schools to strengthen and deepen our capabilities in key and emerging high-growth practice areas.”
“The Ministry of Law (MinLaw) will work with stakeholders, partners, and the public to advance access to justice, develop our legal services to support our economy and society, and strengthen the Rule of Law in Singapore, to realise our vision of "A Trusted Legal System; A Trusted Singapore". The COVID-19 pandemic has affected many businesses and individuals. To mitigate the impact of the pandemic, Parliament passed the COVID-19 (Temporary Measures) Bill in April 2020 under a certificate of urgency. This provided companies temporary relief from their contractual obligations. The Act also increased the monetary thresholds and time limits for bankruptcy and insolvency to help individuals and companies respectively. The Act was further amended in June 2020, to further enhance support for Small and Medium Enterprises (SMEs) and eligible non-profit organisations, through the provision of fair handling of rental obligations. In the coming months, some companies will face a real risk of insolvency and financial constraints may cause litigants to forgo pursuing their legal rights. We will put in place measures to assist micro and small companies who need to restructure or wind down their businesses through simpler, faster, and lower cost proceedings. We will continue to strengthen and enhance access to justice for all Singaporeans. We reviewed the civil legal aid means test in 2019, which simplified the application process and introduced a new Means Test Panel that can waive the means criteria for deserving applicants with extenuating circumstances. We will continue to work closely with the legal fraternity to provide civil and criminal legal aid to Singaporeans with limited means.”
“As part of YRSG's recent rebranding, YRSG will be enhancing the career prospects of ex-offenders, by shifting from a training and job placement model to one that emphasises skills for long-term career development. Given the rising volume and complexity of transnational crime, it is important that the international community work more closely together. We will deepen our cooperation and partnerships with organisations such as INTERPOL, ASEAN and the United Nations (UN), as well as bilaterally with partner countries. Together with Singaporeans, the Home Team will continue to ensure that Singapore remains a safe and secure home for all of us.”
“Customers can expect efficient and fuss-free services, without having to make a trip to ICA for most transactions. We will also build up the capacity of SCDF's Emergency Medical Services to deliver better emergency response outcomes while meeting growing demand. We will continue to invest in our people. We will equip Home Team officers with skills and knowledge to meet future challenges. We are leveraging simulation training with realistic scenarios for officers to develop competencies in a safe environment. The Ops-Tech career track will allow us to nurture uniformed officers grounded in operations and proficient in technology. Terrorist and militant groups continue to be active, and ISIS' propaganda remain widely available online and continue to have a radicalising influence. It is thus important that we build up our people's resilience against the threat of terrorism. In this regard, we will deepen the community's participation in our safety and security efforts through the SGSecure movement. To better deal with the threat of scams, we recently set up the Inter-Ministry Committee on Scams, which will coordinate efforts across the Government to innovate and implement cross-cutting solutions. We will also partner the community, including stakeholders such as financial institutions, telecommunications companies, and Internet platforms, to combat this growing problem. The Central Narcotics Bureau will work with the community to sharpen preventive drug education efforts. The Singapore Prison Service and Yellow Ribbon Singapore (YRSG) will expand community correction efforts to better support the rehabilitation and reintegration of ex-offenders. They will also step up collaboration with community partners to help ex-offenders through training and employment assistance.”
“We will enhance the fire safety regulatory regime and strengthen the Singapore Civil Defence Force’s (SCDF) investigative and enforcement powers against fire safety violations. We will consider the need for new legislation to better guard against foreign interference in our domestic politics, and counter hostile information campaigns mounted by foreign actors. We will leverage technology to build a stronger Home Team so that we can better protect Singaporeans. We will develop more digital forensics capabilities to tackle technology crimes. We will continue to build up our network of sensors, and use analytics to detect, deter, and solve crimes faster and more effectively. Robots and Unmanned Autonomous Vehicles (UAVs) will play a greater role in search-and-rescue, fire-fighting, and hazardous materials operations. We will make greater use of automation and video analytics to enhance safety and security in the prisons. We continue to strengthen our collaboration and operational effectiveness as one Home Team. We will develop more joint operations plans and conduct more joint exercises. We will build more joint capabilities, including in the areas of command, control and communications, and logistics and other support functions. We will strengthen collaboration and deepen expertise across all parts of our Home Team. We are building a Home Team Operations Centre, which will be an integrated 24/7 coordination hub to manage and monitor Home Team operations more effectively. We will enhance service delivery to the public with more convenient service touchpoints and platforms. For example, ICA will set up an Integrated Services Centre to offer one-stop services to the public, to achieve our "3N" vision of "No Fuss, No Visit, and No Waiting".”
“To support this, MHA has set up a Safe Travel Office (STO) under the Immigration and Checkpoints Authority (ICA), to provide a single touch-point for all travellers, and also provide coordination across the many agencies involved in the various travel schemes. The STO will make for an easier and smoother traveller experience. The Home Team Science & Technology Agency (HTX) will put its technological capabilities and scientific expertise to use in the fight against the virus. Currently, travellers at our land, air, and sea borders are screened using HTX's in-house designed test kit, with swab samples analysed at HTX's laboratory. Travellers are able to obtain their results by the next day. In addition, technology such as unmanned aerial vehicles, patrol robots, and remote sensors are being deployed for monitoring of key facilities to better detect crowding and ensure safe distancing. As we gradually resume more activities, our police officers will continue to assist safe distancing ambassadors to ensure compliance with safe distancing measures and requirements, as well as to support the Ministry of Health in contact tracing. MHA will continue to enhance our capabilities to deal with emerging and evolving threats. We will strengthen our legislation and regulatory regimes. MHA will amend gambling-related legislations, and reconstitute the Casino Regulatory Authority to form the new Gambling Regulatory Authority, which will have an expanded mandate to regulate the entire gambling landscape in Singapore. We will review our drug laws to enhance deterrence and strengthen enforcement, including to deal with the rising threat of new psychoactive substances.”
“The Ministry of Home Affairs (MHA) safeguards Singapore's safety and security by maintaining a high level of operational excellence and readiness, building new capabilities to meet emerging and evolving threats, and leveraging both community and international partnerships. There remain significant threats to our safety and security. Externally, the terrorism threat remains high. We continue to be at risk of foreign parties interfering in our domestic politics, as many countries have experienced in recent years. Technological advancements have also made it easier for criminals to operate across national boundaries, and are driving an increase in crimes such as online scams and unlicensed moneylending. The international drug situation continues to be of concern, with the emergence of new psychoactive substances, and more countries adopting a liberal stance towards drug use. Domestically, it remains imperative to ensure racial and religious harmony for the sake of our country’s peace and prosperity, given the make-up of our society. Since the onset of the COVID-19 pandemic, MHA has been actively involved in the Whole-of-Government effort to contain the virus, deploying our officers and resources at the frontline, including at the borders and quarantine facilities. MHA will also continue to help coordinate the Government's response to the pandemic through its chairmanship of the Homefront Crisis Executive Group (HCEG). The HCEG supports the Multi-Ministry Taskforce in planning and executing national policies and responses for COVID-19. With the local community transmission situation stabilising, the Government is taking steps to gradually re-open our borders through various travel schemes with other countries.”
“So, I would say it is not as if we are asking them to get down to a cruise liner and everyone is going to be saved. We are throwing them a lifeline of a few months rental waiver. But the seas are still rough because Phase Two, it is not as if immediately, business is going to go back to normal. And then Phase Three, how many people are going to go out? How many people are going to spend money? What about the safe distancing measures? In a restaurant, how many can sit? So, business conditions are going to be tough. The seas are going to be rough. People would have to swim very hard. So, it will only be the very fit, the viable businesses that will survive that period even with the relief that we are giving. And none of us knows how long this will last. In addition to the measures already taken under COVID 1, we are also considering measures to assess certain micro and small businesses which may need help in winding up or where appropriate, with debt restructuring. But that is a larger piece of work. It is still work-in-progress and we do it when we can do it. This answers Mr de Souza's question on whether the Government has any plans to make further adjustments to the insolvency framework so that non-viable businesses that need to exit are able to do so smoothly. Sir, I think I have covered all the questions. I thank again those who have contributed to this effort. Mr Speaker, I beg to move.”
“In fact, they are waiting for it. We have had a fair bit of publicity. It was in Deputy Prime Minister's Statement last week. MinLaw has put it out. I would be very surprised if anyone who qualifies is, at this point in time, not aware that they are going to get some benefits. We will put it out as much as we can. And IRAS will notify property owners who have eligible tenants and the property owners will have to notify their tenants and sub-tenants as well. Ms Jessica Tan asked whether the rental relief measures would unnecessarily prolong the exit of unviable businesses, or benefit such businesses at the cost of landlords and taxpayers’ monies. This is a very serious and important, fundamental question which more than troubled me and was front and centre in my consideration in deciding whether or not to intervene. Because we need to help but it cannot become a crutch and it cannot be such that unviable businesses, therefore, continue because we are using taxpayers' money. So, the starting principle, I would say is this. It is fairness. When we have imposed the circuit breaker rules for two months telling businesses not to operate, then I think we ought to give relief for that period. If we accept that COVID-19 was an exceptional event, then we ought to legislate for that as well in that whether it is viable or unviable, that is something that no one could have predicted. Second, the risk is not so much looking at unviable businesses but looking at viable businesses. Even perfectly viable businesses, given the kind of hit that I have pointed out – 60% drop in turnover in April and probably as bad if not more for May – viable businesses will go down, their employees will go down, people will lose a lot of money. That is our focus.”
“We consulted landlords, bigger landlords as well as smaller landlords, we consulted REITs, we consulted business people and of course, we had substantial assistance from MTI, ESG, MOF, MND, MAS, bankers and so on. So, in the process of formulating these measures, we consulted all of them. We held engagements with all of them, got their views, we actually took substantive feedback and amended, adjusted our proposals where we thought that we ought to do so. We could not take all the suggestions. You will see, as I have set out in the opening speech for the Second Reading, how we have come in to help the REITs, the landlords as well as the tenants, some by MinLaw, some by MAS talking to the banks, and some by IRAS and others, waiving some rules, amending them to help the REITs, for example. Mr Christopher de Souza mentioned that some distinction should be made between large corporate landlords, and smaller landlords who may themselves be facing financial hardship. We considered this carefully. We considered the factors that should be taken into account as to when landlords should considered to be unable to provide the additional rental waiver. We think that the two factors to be taken into account are the annual value of their properties and the proportion the rental forms of the landlord's total income. This will allow us to distinguish between larger landlords and those who are heavily dependent on rental income for their livelihoods. The precise proportions, percentages will be set out in subsidiary legislation. Mr Murali Pillai asked about the steps the Government is taking to ensure that those who are eligible for the rental reliefs are aware of this. I would say, I think businesses who need relief would be very aware of this legislation.”
“There are many related contracts that need to be thought through and we have provided for it. The landlord can serve a Notification for Relief on the new tenant. We imposed the rules that for those two months, there can be no work; and if there is a knock-on effect, that has got to be taken into account. So, the landlord can tell the new tenant he cannot deliver vacant possession on time and the new tenant cannot terminate the lease on that ground. This will give the landlord and the new tenant time to work out a compromise. If they cannot agree, they can apply to an Assessor who will make a determination to reach a just and equitable outcome. Mr Christopher de Souza asked about the interaction between this relief and the rental waivers. There is non interaction. The rental waivers apply to the period during which the tenancy subsists. Holding over or double rent is only relevant when the tenancy has already ended and is not subsisting. Mr Murali asked about whether leases are covered under Part 8. Part 8 may apply to all contracts that may be affected by an upstream delay in construction, except those which may be prescribed. Some contracts will be excluded. We are looking at categories that should be excluded. For example, employment contracts should never be subject to these sorts of laws. But we also take the approach that only contracts which are actually written in, will be affected by the law as well and that will be gazetted. Ms Jessica Tan asked if I could share how we have addressed the concerns of other affected stakeholders besides tenants and she mentioned that she is on the board of a REIT.”
“If the landlord wants to challenge that, he can. If the tenant wants to challenge the landlord's assertion of financial hardship, which will again be based on annual value of the property and what proportion of the rental income forms part of his total annual income, they will be allowed to challenge. Mr Pillai asked how we arrived at the 3% cap on interest in the repayment schedule and when it starts accruing. The 3% interest is comparable to the median rate of secured bank loans in April 2020 and takes into consideration the landlords' cost of capital with property as security. We are aware that some landlords' cost of capital could be higher than 3% but this rate is intended to strike a balance between the needs of landlords who have their own financial obligations, and the tenants who do face significant challenges repaying their rental obligations under these fairly extraordinary circumstances. Interest at that cap rate will apply from the time that the rent was originally due and payable but the rent and interest will only be payable in accordance to the repayment schedule. Interest at that cap rate will continue during the schedule repayment period until the arrears are paid off. To be clear as well, only arrears that accrue from 1 February 2020 until 19 October 2020 can be repaid under this repayment schedule. Mr Murali Pillai referred to clause 7 on the relief for tenants who are unable to vacate their premises after the expiry of lease because of COVID-19. He asked about whether there is a corollary provision to protect the landlords who have a back-to-back arrangement, with a new tenant to deliver vacant possession by a certain date. This is why I said this legislation is not simple, though it looks simple at first glance.”
“For leases and licences that are even shorter, we will also work out the criteria. Mr Christopher de Souza asked whether landlords who agreed to lower the rent will be able to set off the deduction against the rental waivers that they must provide. We want to be careful. The rental waivers by landlords will be calculated based on base rent payable by the tenant for the applicable period. Landlords will be allowed to set off any direct monetary assistance that they have already given against the rental waiver that they are required to provide. Or if they have already provided rental waiver, of course, they can take that into account. The types of assistance from landlords that will be considered direct monetary assistance under the Act will also be prescribed. Ms Jessica Tan asked about who the Assessors will be, the process for seeking assessment and the estimated timelines. A panel of Assessors, professionals, a fair number of legal and accounting professionals – they have already been appointed. More will be appointed to consider applications for assessments by landlords. With regard to timelines, we will make the process as simple as we can. We have made it very simple under COVID 1. The actual time taken for determinations to be made depends very much on the parties themselves and whether they adhere to the timelines. But, we will make them short and fast. Mr Christopher de Souza asked whether tenants will have access to the assessment mechanism either to challenge the landlord's assertion of financial hardship or to ascertain whether they are eligible. The criteria for landlords facing financial hardship as well as the tenants' eligibility will be objective. As for tenants, it will be IRAS which will make the assessment.”
“Given this mechanism, the concern that is raised on behalf of subtenants not getting the two months of rental waiver does not arise. We did it very carefully and specifically because if you require the money to be passed down, then there can be all sorts of arguments as to who it would pass down to, when was it passed down and so on. But by law, we are saying that rental is not payable. So, that is a very different proposition. Automatically, the subtenant does not have to pay his intermediate landlord, and the intermediate landlord does not have to pay the ultimate landlord. What each of those in between might lose is that mark-up. So, the number of months of rental waiver a tenant will get does not depend on whether he is the tenant or sub-tenant. Everyone will get two months on this waiver mechanism. We will set that out very clearly in subsidiary legislation. IRAS will give a notification of cash grant to the owner of the premises because the owner of the premises has already received the money, everyone else does not have to pay rental. It is actually conceptually cleaner and neater. Mr Christopher de Souza asked about cases where an SME is a new company, which makes comparison to the previous year impossible or inaccurate. That is another complexity which we did think about. First of all, the reason why the same period of time was taken for a year-on-year comparison – it is a fairly normal thing and we did it to avoid seasonal fluctuations in revenue. But where the tenants were not operational during the April to May 2019 period, we will choose another best appropriate period that will reflect whether the tenant's performance has been impacted by COVID-19. That, again, will be in subsidiary legislation.”
“I thank the Members for speaking, for expressing their support for this Bill. Mr Pillai asked for clarification on what a sub-tenant gets under the rental waiver and he pointed out that Minister Lawrence Wong had said during COVID 1 that the Bill did not mandate for the rebate to flow to the sub-tenant. Let me clarify that the Government's intention has always been for the businesses that have actually been impacted by COVID-19 to benefit from this Government assistance. In some cases, the businesses may be sub-tenants. Minister Lawrence Wong, at that time, said, "the Government strongly urges and encourages all master tenants to pass on the savings from the rebate to their sub-tenants and to share the burdens during this time of uncertainty and difficulty." Minister Lawrence also explained that mandating further passing on of the rebates is difficult and complex because of the nature of the relationships that can arise. This is why, in my opening speech, I said this is actually quite a complex issue. But we studied it and we decided that the complexity can be solved and can be dealt with. And that is why, here we are mandating it. What we decided to do was not only enhance the Government assistance but also put in place a framework that ensures that the assistance reaches the intended beneficiaries who are the actual company or business that is using the premises for business. Conceptually, how this works is – to answer Mr Pillai's specific question – the Bill does not require cash to move from the Government to the property owner to the actual tenant or sub-tenant. What it does is put in place a framework of rental waivers mandated by law.”
“The Committee members – I will put it as part of the record of my speech without having to mention all of them. [Please refer to Annex 1.] Different stakeholders, if I can put a note down for the exceptional team in MinLaw, they put their heart and soul into this, led by the Permanent Secretary and Deputy Secretary, a team of highly motivated and talented young officers, worked round the clock. And Justice Kannan Ramesh and his valuable expertise was very useful for us. And finally, AGC. The three lawyers: Lee Chuan Huei, Hema Subramanian and Leong Kit Yu who worked until 5.00 am regularly for the entire two weeks. This legislation could not have been drafted in most places in three weeks, let alone conceptualise, crystallise and draft, led by our Attorney-General, Mr Lucien Wong. I said some things about him during the Second Reading of COVID 1. I was trying to be understated. I think it helped tremendously that we had one of the best corporate lawyers in the world helping us from day one, word for word, conceptualising it, checking every word. I think Singapore is extremely fortunate to have him in Public Service. Checking everything and making sure that it works, and again, working into the early morning hours, every day. Attorney-Generals do not do that in most places. But it gave me a lot of confidence that he was doing that. So, in this Bill, preparing it, we saw the best of the Public Service at work – coming together, working for the benefit of the broader public. I wish to thank them and put on record their contributions. [(proc text) Question proposed. (proc text)] 7.22 pm”