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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“If resolution is not possible, the Bill provides for disputes to be settled by Assessors, who will be appointed by my Ministry. The determinations made by Assessors – there will be no appeal. The parties will not be allowed to have lawyers when going before Assessors. And going before the Assessors is also free, no fees. In the Bill, we have designed the mechanism to provide for a quick, inexpensive and effective practical solution. Subsidiary legislation will set out the procedure and practice for these proceedings. There will be 12 panels, each headed by a State Court Judge. And we expect to appoint 100, maybe more, Assessors. They will try and hold hearings as quickly as possible. After submission of all relevant documents, there will be a guidance that they should hear these matters quickly. It also depends on the number of appeals they are faced up with and whether it is a complex dispute, requiring more documents. We are working hard to ensure that the necessary infrastructure is in place to facilitate this process. Sir, Part 3 of the Bill provides an additional safety net for individuals and businesses, by making temporary modifications to bankruptcy and insolvency laws. First, for individuals under the Bankruptcy Act, we are going to increase the debt repayment scheme to cover up to $250,000, as opposed to $100,000 in the past. It is a pre-bankruptcy scheme. The increase in the threshold means that more individuals can participate in the scheme to avoid bankruptcy. Second, in order to make a bankruptcy application, the amount owed must be a minimum of $100,000, instead of $10,000. And we are extending the minimum number of days that must elapse from the service of a statutory demand.”
“If they are commercial vehicles, they cannot be re-possessed during the prescribed period, if relief is sought and relief is given. If the finance company, on the other hand, is of the view that it has reasons to justify re-possession, it can state its position to the Assessor and the Assessor will consider the positions held by both sides and make a determination that is just and equitable. It is estimated that the value of hire-purchase agreements in respect of motor vehicles at the end of 2019 could be about $2 billion. The fifth and final category are certain types of secured loan facilities given to SMEs. These SMEs are defined as entities where the turnover of the group does not exceed $100 million in the latest financial year. If such an SME is unable to repay its instalments to the financial institution due to a COVID-19 event, then some actions cannot be taken against it. For example, security that it has given over real property or immovable property located in Singapore – you cannot enforce against that. And there can be no enforcement of security against movable property if that movable property is a plant, machinery or fixed asset located in Singapore and used for manufacturing, production or other business purposes. Again, this is a very large sector. An estimate of the total value of loans outstanding to SMEs which might fall into this category is at about $76 billion. Let me now move on to the determination of disputes by Assessors. I have repeatedly emphasised – this is a crucial period, requires understanding from everyone. Some compromise and sacrifice is necessary from all sides to see us through this crisis. Our approach is, we strongly encourage parties to try and come to a common understanding.”
“If we ask all companies to immediately refund there could also be serious trouble. So, in such situations, there are different solutions possible: (a) to postpone the event, and the deposit is held back; (b) cancel the event, and the deposit is repaid in full or partially, depending on expenses incurred, work done; and (c) if the deposit is to be repaid in part or in full and if the company needs time to repay the deposit, the Assessor will have to consider and decide if time needs to be given. These decisions can be made by the Assessor if the parties cannot agree. The Assessors will make determinations that seek to provide a just and equitable outcome, looking at all the facts. The fourth category are hire-purchase agreements or conditional sales agreements. These are agreements where the goods hired or conditionally sold under the agreement are: (a) a plant, machinery or fixed asset used for manufacturing, production, or other business purposes; or (b) commercial vehicles. Over the course of the past week, we have received letters, petitions from a variety of people, including tour bus owners and drivers. They highlighted their financial plight. One letter we received stated that some excursion buses had been repossessed by financial companies. Repossession basically means immediate termination from jobs for those who have lost their vehicles. So, many families’ lives, well-being is at stake, where the driver or owner of the bus is the sole breadwinner. So, the aim of the Bill is to help them retain their business and their vehicles, where it makes sense to do so. The drivers, owners will be assisted by the measures introduced in the Bill.”
“It could not be proceeded with – that was the issue. The man approached the event organiser or the space provider to seek a refund or a postponement. The event was intended to be held on 4 April. The response was the agreement says it can only be postponed if the notice is given 30 days in advance. So, that is not reasonable. Another case that was highlighted to us involved a couple who had engaged an event planner for their wedding. The wedding banquet was meant for more than 500 guests and supposed to be held in June of this year. When the couple approached the event planner, the event planner told them the event could not be postponed. The planner also told them obligations would be fulfilled even if the wedding did not take place on the date specified in the contract. So, the positions adopted by the event space provider, event planner, I think are neither helpful nor reasonable. But there are always two sides to every story. A group of bridal studios wrote a joint letter to me, to highlight the challenges they are facing, with unreasonable couples. The letter stated that couples had approached them “aggressively”, asking for a full refund of their packages. They talked about the cash flow problems they are facing in the current climate. They also pointed out why it was unfair to provide a full refund. Their studios had provided services to the couples for up to a year before the wedding date and they had collected staggered payments along the way. They had rendered services to the couples. They had made payment to other suppliers. So, these studios said they would be “very glad” to work out a postponement for the couples with no penalties imposed. And that is a reasonable equitable position. The Bill does not mandate that deposits be refunded immediately.”
“If the event was scheduled to be held on or after 1 February 2020 and could not proceed due to a COVID-19 event, any deposits forfeited must be restored as if they had not been forfeited. This is provided the party seeking relief has served a notification for relief on the other party. Deposits that have not yet been forfeited must also not be forfeited. The same applies to tourism-related contracts. Non-compliance will be an offence. While many hotels and venue providers have been understanding and offered to hold on to deposits, there have been some which have simply forfeited the deposit; insisted on the event being held. One example is a letter we received from a man who had made a booking with an event space provider. He had arranged for his daughter’s 21st birthday celebration to be held on 4 April. Booking had been done sometime in early March and more than 10 guests had been invited. The man approached the event space provider to seek a refund or postponement until after the COVID-19 related measures.”
“It started with building materials and equipment coming into Singapore from China. More recently, disruption of precast and prefabricated, prefinished, volumetric construction materials, other types of materials coming into Singapore from Malaysia. They have all been disrupted. Second, manpower shortage: I talked about it. I talked about SCAL saying sites are experiencing up to 40% shortage in workforce and drop in progress payments. Progress payments have dropped anywhere between 5% and 20%, and it will probably get worse. Travel restrictions are likely to continue worldwide; the situation may worsen. Many construction firms will likely face financial difficulties. The measures in this Bill will help the construction sector in the following ways. First, if a contractor is not able to perform due to a COVID-19 event between 1 February 2020 and the end of the prescribed period, that period should be disregarded in determining what is the period of delay in performance. Second, the Bill provides for a defence to any claim for breach of contract. The defence will apply if the inability occurred on or after 1 February 2020, and before the end of the prescribed period, which we will have to determine, depending on how the situation evolves. This is a substantial intervention. The total value of construction contracts awarded last year in Singapore amounted to $33 billion. That is the size of the industry as a whole. The third category is event and tourism-related contracts. For example, contracts to hold wedding banquets, business meetings, conferences. They include catering, provision of other goods or services for such events and certain contracts for accommodation, entertainment, tourism.”
“The Assessors could say: suspend rental payments for three months. Thereafter, if problems continue, come back to us. The appeals from REITs say that they cannot evict tenants, it will affect our returns, there will be other tenants who can make up the tenancies. Sir, most of the landlords and REITs we have spoken with, accept the need for the Bill. If I may say so, when the whole house, meaning the whole economy, is under threat, we should try not to focus too much on our own individual rooms. We all need to pitch in to save the economy as a whole. I would suggest that there are broader concerns beyond the rates of return. Everyone has to take a collective approach. Is it really going to be possible for you to get the previous rates of return for the next six months? Is it possible to have business as usual in the next few months? Not possible. And if it is truly the case that the landlords can find other tenants and if the current tenant is taking advantage of the situation, let us know – that will be part of the assessment. Sir, I would suggest that we do not take the approach of circling the wagons, to focus only on our specific interests. The landlords would benefit quite a lot, from the three packages that the Deputy Prime Minister has announced. SMEs accounted for 72% of employment in Singapore. Let us remember that. We will make sure the Assessors are able to take all the facts into account, when deciding what is just and equitable. The second category of contracts that are covered will be construction-related contracts. The built-environment sector has felt the impact of COVID-19 and continues to feel this impact on several fronts. First, supply disruption – construction materials.”
“Our task is to see how to protect as much of the business eco-system as possible – from the banks, to the landlords, to the tenants, to the consumers. Because the welfare of Singaporeans, their jobs, depends on the economy being protected. We cannot give 100% protection. But we have to move quickly to give as much protection as is sensible. I have sought to explain how we have attempted to protect as much of the eco-system as possible – for individuals: cash, training grants, vouchers and more; for SMEs and tenants: there is rental protection, credit flow, mortgage protection, MAS measures, JSS. The landlords get most of this too. The Government is paying 75% of your employees' salaries in April and a portion of the salaries for the rest of the nine months when JSS applies, and you will also get the benefit of the credit lines and the MAS' initiatives. The SMEs and individuals are facing a lot of pain. If they are not helped, the entire business eco-system could crash. Morally as well: some of this pain has to be shared. Landlords have benefited tremendously from growth, the Government’s rational policies, good governance, low taxes in Singapore, and fairness and justice requires that they help share some of this pain, rather than leaving it to the smallest and weakest to bear it all. If a tenant applies under the Bill, and if the landlord and tenant cannot agree, they go to the Assessors. The Assessors will see the previous year’s tax returns, the accounts; they may ask for additional information and then will determine if a tenant is unable to pay. Generally, if a tenant is a small business and accounts show that it has been impacted by COVID-19, Assessors will likely accept that the tenant was unable to pay.”
“Landlords are able to set off the security deposits they have, so, in a sense, for the first couple of months, at least, the landlords also do not have any cash flow constraints because they set off against the deposits they have. During that period, parties are encouraged to work out a compromise. The Assessors will try and find just and equitable outcomes, including, for example, reviewing the moratorium after three months. So, landlords also have to be realistic about the impact COVID-19 has had on the entire economy and cash flow on all sectors. REITs are not the only ones affected and on the tax issues that are raised, REITAS can approach the Government and discuss precisely what the issues are. The second point that the REITAS statement makes is: the enforced interruption of revenue has the potential to degrade key metrics, in turn impacting on their financial stability. I would say it is the pandemic and not this Bill, that has caused all these interruptions. The Bill gives parties a better opportunity to work out a compromise quickly and without costly long-drawn litigation or legal proceedings, which will be a drag on everyone. They also make the point that REITs are seen as a source of stable and predictable outcome and many domestic retail investors have come to reply on the regular, stable and predictable distributions that REITs provide. So the inability of REITs to receive up to 100% of their rental income for up to six months will result in lower cash flows to REITs, who will then be compelled to lower the distributions to unitholders. Let me make a few points. We are not anti-landlord. Landlords and REITs have an important, highly valuable economic function. They make the market more efficient.”
“Our Bill is scoped to deal with this. So, relief is only available where there is an inability to pay rent; and that inability to pay rent is, to a material extent, caused by COVID-19. This intervention is substantial because the total value of rental in our industrial and commercial sectors is estimated in 2018 – when figures are available – to be at about $21 billion. Of that, if you look at the SMEs' rentals, that is about $14 billion – covers both services and manufacturing. Some REITs, some landlords, but REITs in particular, have written to my Ministry. They are concerned that this is going to affect their returns and that the Bill is heavily weighted in favour of tenants. REIT Association of Singapore or REITAS has issued a public statement today, not a coincidence. They say the transfer of cash flow is a mismatch. Deferring rental obligations transfers cash flow constraints from tenant to landlord. They say significant strain is placed on the REIT’s ability to service its own financial and operational obligations and that the REITs have minimal financial flexibility to absorb cash flow disruption, because of the requirement to pay out 90% of income to qualify for tax exemption. The first point is that there is a deferral of rental obligations but the rental obligations do not go away. Rent will continue accrue. Second, the relief only applies to those who are unable to perform due to COVID. They are not going to be able to pay you anyway. Many landlords in Singapore, many others, have suffered cash flow disruptions even without the Bill; and it is not just REITs which face this.”
“It will have that liquidity now in real terms and if they did not have the cash, at least they do not have to go and look for the money now. And for those who meet the requirements under the Bill, they can then delay the payment of rent, if they wish, for some months. In addition, of course, you have got the 75% salary support for April and the enhanced Government-supported loans at low interest and the various measures announced by MAS. These measures do not mean that all tenants do not have to pay rent. Those who have the ability to make rental payments must continue to do so. The Bill seeks to help those who are unable to pay and the measures are only for a period. The landlord’s rights can be exercised after that. For example, if an MNC, or a substantial company applies, it will probably not qualify because it has got to show that it is "unable" to pay, not just that business has suffered. Let me cite a real life example, to illustrate how this plays out. Two weeks ago, Germany passed emergency legislation to provide relief to individuals and businesses from the economic impact of COVID-19. The German legislation provides that anyone who is affected by COVID-19 does not have to pay rent between 1 April and 30 June, and they cannot be evicted. After the law came into force, several people said they would not be paying rent, including a string of retailers – Adidas and H&M, for example. Adidas was reported to have made a net profit of nearly $2 billion euros last year. It faced massive criticism. German politicians urged that financially sound companies should not take advantage of the situation and that they must show solidarity in a time of crisis. The officials also clarified that the law was not meant to cover entities that were able to make rental payments.”
“It will also be prevented from (e) enforcement of any security over movable property used for the purpose of trade business or profession. You cannot enforce, you cannot repossess goods used for trade business or profession. Non-compliance is an offence punishable with a fine. Other consequences depending on the nature of the prohibited action that is taken: action may be dismissed, voided, invalidated. What are the categories of contracts covered? There are five broad categories. The Minister will be empowered to add further categories of contracts. The reason is, as I said, we did this in nine days. We took the contracts that we knew were clearly covered, but we wanted the ability to add in other categories should there be feedback on that. And we did not want to wait for a full assessment, allow perfection to become the opposite of what needs to be done immediately. The first category covered leases, licences of non-residential property. A tenant who seeks relief must show that he is unable to pay rent during the prescribed period and that the inability to pay is to a material extent caused by a COVID-19 event. If he can show, that then the lease or licence cannot be terminated on the basis that rent has not been paid; and legal proceedings cannot be commenced against tenants on the basis that rent has not been paid. This is help in real terms because the tenants will get breathing space, to adjust their businesses, survive in the medium term: it is liquidity for them. And these measures, of course, should be seen together with other measures that the Government and the financial industry have announced. If you take an F&B outlet for example, as I said earlier, if it is an SME, nearly 30% of its business cost goes towards rental.”
“And the Government has to do everything to intervene to help keep some structure of the economy. Let me now turn to the Bill. What is the time period covered? We do not know how long this situation will last. In the first instance, the Bill will be valid for six months. The Minister will be given power to extend it, up to a year. Thereafter, if we want to extend it, we have to come back to Parliament. Measures under Part 2 of the Bill, they apply to obligations to be performed on or after 1 February 2020, regardless of when prior to that the contracts were entered into. The reason we have chosen 1 February 2020 is, we believe the effects of COVID-19 began to be felt significantly in Singapore after 1 February 2020. Supply chains connected to events occurring outside Singapore were being disrupted. At the same time, the measures do not apply to contracts that were entered into on or after 25 March 2020. On 24 March 2020, MOH enhanced the restrictions and promoted safe distancing. So, if parties, with knowledge of those facts, entered into contracts in the last few days, they should not seek help from this Bill. If a person wants to claim relief, how does he do so? He has got to give notice to the other party. Once a notification has been sent, certain types of actions are prohibited. These include: (a) commencing or continuing a legal action; (b) making an application for winding up, bankruptcy, judicial management order; (c) terminating a lease or licence of immovable property for non-payment of rent – landlords can, however, use the security deposit to offset rental payments due because that does not create additional cash flow obligation on the tenants; (d) enforcement of certain securities over immovable property.”
“Landlords will face shortfalls in income making it harder for property companies to pay interest to avoid breaching loan covenants. And those property companies have duties to their investors which include pension funds. As for banks, they say they are flat-out dealing with calls from existing borrowers asking for waivers. So, we decided to intervene. It is a major intervention. Three packages by Deputy Prime Minister – you can compare that with the infusion of blood. This Bill seeks to stanch the flow of blood – a reprieve for a certain period, a matter of months. It seeks to give much-needed liquidity to commercial parties. The immediate impact is a redistribution of monies between the parties to the affected contracts. Tenants who have to pay rentals, now they can keep the cash. Contractors who have to pay damages, will be relieved from having to pay. Some other categories are also covered. We seek to give breathing space for these businesses, to take stock, see what they can do, assess their position – with cash flow relief meanwhile. We seek to be targeted and temporary. I would call this a legal circuit breaker: a timeout until this virus dies out and contracts, like life, can return to normal. If we were to insist on the letter of the law, the last precise minutest contractual obligation, we would like Shylock, be insisting on extracting the last pound of flesh, but at the expense of the life and spirit of this country. Better a circuit breaker, so the spirit of the law, the essence of contracts which is trust, can live and in time to come, thrive again. And I have no doubt, it will do so. That is the rationale for our intervention. None of us in our lifetime have encountered an economic shock like this.”
“Taxi drivers, private hire drivers. In February, taxi drivers were reporting a fall in earnings of up to 30%. In March, they were reporting a fall of up to 50% to 60%. Meanwhile, costs continue to run, rents have to be paid. For F&B outlets run by SMEs, rents could make up nearly 30% of their business cost and wages have to be paid as well. The earlier survey I cited on F&B outlets suggested that 80% were planning to reduce staff to cut costs. In this situation, we cannot say leave it to the market, leave it to the contractual situation. It will be neither fair nor just. The bottom of the market has literally fallen off and the normal assumptions of business are gone. Every business should plan for some severe shock, but almost none could have prepared for this and if we do not intervene, the consequences would be that those in a position of advantage will make some money but most will suffer bankruptcies, insolvencies and complete destruction of the economic arena. Lots of grief, lots of good companies and businesses going under. Even for those in a stronger position, many landlords do not really want to see their tenants go bust. If I can quote Andrew Lim, CFO of Capitaland Group, "Tenants and landlords are in a long-term symbiotic relationship. It is in our interest to see our tenants ride through this with us. We are all in this together because everyone in the eco-system has been impacted." Yesterday's Business Times had a report – “the virus is turning Europe's retail apocalypse into a nightmare for landlords and lenders". The threat of the virus is not just to the retailers and restaurants. The ripple effect is across real estate and banking sectors.”
“I was actually quite surprised that the then government had the time to do this given the general situation – the Malayan Emergency and dealing with, of course, a young and irrepressible Mr Lee in Parliament in Opposition, which was probably enough to keep them occupied. The principles applicable for such retroactive legislation: one, the vital interests of the people are at stake, a significant part of the economy is at stake. Second, strict enforcement of particular contractual rights could damage the whole economy. Third, the state can intervene to use reasonable means to safeguard the economic structure for common good. And to this end, four, the state can take reasonable steps generally of limited duration. Turning then to COVID-19, the Government has had to impose border constraints, direct most businesses to shut down, get their people to work from home, and if that is not possible, no work can be done. Imposing a whole variety of restrictions on travel and movement, these were not foreseeable. Their impact on the supply chain – many businesses could not procure the supplies they needed. The impact on flow of manpower – sectors that depended heavily on foreign manpower like construction were seriously affected. The Singapore Contractor Association Limited (SCAL) said some sites are experiencing up to 40% shortage in workforce. The construction sector has shrank 4.3% in the first quarter of this year and nearly 23% as compared to the previous quarter. At F&B outlets, footfall has dropped drastically. And according to one survey, nearly 80% will not last longer than six months, if the situation does not improve. We look at the tourism sector. Severe impact as well with hotel occupancy having fallen severely. Singapore Airlines has 96% of the fleet grounded.”
“So, the situation we have today, at this stage, appears to be worse than the Global Financial Crisis. I will summarise the principles in this way. The starting point is sanctity of contract, agreements must be kept: fundamental, basic, underpins our economy, free market. People must be able to make agreements and know that they will be upheld and enforced. That must almost be the unyielding principle and norm. But freedom of contract is not an absolute. It has never been an absolute. There are two types of interventions. First, the law sets a framework, contracts are only valid if they do not breach that framework. The second, as we are seeking to do now, intervenes after the contracts have been entered into, to alter performance obligations. For the first type of intervention, there are well-established exceptions in the law – not just in Singapore, but also in the UK, US, Australia, elsewhere for reasons of public policy. You see this in our law – Unfair Contract Terms Act, unlicensed moneylending contracts, other illegal contracts: they are not enforceable. Courts also have the right to invalidate contracts that have been entered into in that way. Our intervention through this Bill is somewhat different. It alters obligations under contracts which have already been formed. I gave examples from the US to this House. Do we have examples from Singapore? I went back to take a quick look at our laws as to whether we have done something similar. The nearest equivalent I could find is the Frustrated Contracts Act passed on 22 January 1959, which applied retroactively to all contracts if the discharge was on or after 1 January 1959.”
“It is important that we understand the principles so that everyone, including investors, understand when and how we might intervene, both now and in future. In order to look at the answers on principles of intervention, we can look at some situations when free market economies, which strongly protect the sanctity of contracts, have intervened. I go back to the Great Depression. Laws were passed by various American states: Iowa passed laws in 1933, 27 other states followed suit within the next 18 months. The laws gave relief to mortgagors – a moratorium on mortgage foreclosures. And were retroactive, like our Bill. This being America, the laws were challenged and went up to the Supreme Court, ended up in a famous case in 1934, Blaisdell, where the court gave a long judgment. But, if I can summarise into two points: the state has a duty to safeguard vital interests of its people; the state has the power to intervene, to safeguard the economic structure upon which the good of all depends. Strict enforcement of particular economic rights may not be desirable because of the damage that will cause to the whole economy. Fast forward to the Global Financial Crisis 2008/2009, laws were passed in the US to provide protection to homeowners and renters facing foreclosure. Those laws expanded the mandatory 90-day grace period to holders of all types of home loans. Third example, after Hurricane Katrina in 2005, Mississippi implemented a moratorium that altered creditors' ability to foreclose in the two-year period after the storm. These are just some examples, there are many others from other countries. I have deliberately chosen examples from the US because it is often seen as the ultimate capitalist free-market economy, other than possibly Hong Kong.”
“Wide-ranging measures – job protection, immediate cash to Singaporeans, measures to help stabilise businesses, including Government-supported loans. Second, on the banking and financial side, MAS has worked with the banks and announced a series of voluntary initiatives by the financial institutions – deferment of payments on mortgages; principal and interest, where the borrower wants it, can be deferred; other measures on credit flow to businesses as well. This Bill is the third part of the response by the Government. And before I deal with the provisions in the Bill, there is an important point of principle that should be set out and that is this: one of the foundations for our country is rule of law and there are several key aspects to this, including sanctity of contracts. Parties are free to organise themselves, enter into whatever contracts they want as long as they are not illegal. The general assumption is that the state will not intervene in such contracts. The reputation for upholding that is critical for Singapore as an international commercial centre with strong FDI. So, for our financial, industrial and commercial sectors, the bedrock is really our reputation for rationality in Government policy, in economic management, integrity, absence of corruption, sanctity of contracts, court system and more. They are all threaded together to form what I would call one larger golden thread. You interfere with any of this, you risk unravelling the entire golden thread. So, you do not lightly intervene. Yet, we are now seeking to intervene in private contracts to alter performance obligations. Why are we are intervening? Should we intervene? I will ask Members for forbearance because I will take some time on this.”
“The world has more resources, better understanding, tools, to avoid a similar Great Depression now, but the idea itself and what it can do to many people's lives is quite sobering, and the figures are grim. In the last two weeks of March, 10 million Americans filed for unemployment benefits. In contrast during the 2008 to 2009 Global Financial Crisis, the global unemployment rose by about 22 million. So, you can see it in context. The United Nations Conference on Trade and Development (UNCTAD) has said that the downward pressure on foreign direct investment (FDI) could be 30 to 40% this year and next year. Aviation has collapsed and as of 2 April, nearly 4 billion people – half of the world's population – were under some form of movement restriction. I think that does not include Singapore's figures, but that is probably a rounding error. Other crises have affected economies. Spending goes down, businesses and jobs are affected, but a lot of activity continues. Here, it is a hard stop, immediate, by government orders to most economic activity, even movement of people – overnight as it were. So, the impact is that of economies literally falling off a cliff – in free fall. That is the difference between this slowdown and others. And ours is a globalised economy and is especially hard-hit, with disruptions to the supply chain, flow of manpower. External trade is three times our internal economy. And, of course, large parts of the internal economy are also being closed down. And the response to all of this, to such a serious shock, has to try and meet the challenges. So, we first had the three Budgets between 18 February and 6 April, close to $60 billion committed – 12% of our GDP.”
“At that time, there were 800 confirmed cases outside China. By 26 March, the situation had worsened. There was a second package presented by the Deputy Prime Minister – this time, $48 billion. And at that time, there were 410,000 infections and 18,000 deaths. Eleven days later, the situation had worsened again. Yesterday, 6 April, the Deputy Prime Minister presented the third package to help Singaporeans. We had 1.2 million infections, more than 67,000 people dead. That is almost certainly an understatement of the true figures. The virus is still tearing through the world. Africa and South Asia, so far, have not been badly hit and we can only hope that it stays that way. The economic impact has been devastating. On 19 March, the Secretary-General of the United Nations said, a "global recession – perhaps of record dimensions – is a near certainty." On 19 March, the International Labour Organisation (ILO) made an assessment that global unemployment could increase by 25 million. On 27 March, eight days later, ILO changed its assessment and said unemployment could be far bigger, far deeper, certainly more than 25 million. Last week, the Director of the International Department of the People's Bank of China said, "The possibility of a 'Great Depression' cannot be ruled out if the epidemic continues to run out of control, and the deterioration of the real economy is compounded by an eruption of financial risks." The Great Depression – the phrase itself brings to mind one of the most desperate periods that America and the world went through in the 20th century. Most of us know about the Great Depression only through books and economic studies. The era, the mood, that desperation have been vividly captured in literature by people like John Dos Passos, Steinbeck and others.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time". As we start, Sir, I will sketch out the backdrop to the Bill, the reasons for state intervention in contracts – private contracts, we are intervening – and then I will deal with Parts 1 to 3 of this Bill. I will add that this Bill is a little bit of a Noah's Ark, because it started with Parts 1 to 3 and it took about nine days from conception to delivery. But along the way, other Ministries have added various parts to it, so, my colleague, Senior Minister of State Edwin Tong, will deal with parts four and five, which deal with annual general meetings (AGMs) and the ability of Courts to hear matters online, virtually. That is at the request of MOF and the Supreme Court. Minister Lawrence Wong will speak on property tax, which is in Part 6, and Minister Gan Kim Yong will deal with Part 7. MOH wanted certain orders to prevent further spread of the virus. Let me now start with the backdrop to this Bill, Sir. I think Members will only be too familiar with the background – both the health situation and the economic situation. This is the most serious crisis this country has faced since Independence. Many around the world are describing this as the most serious crisis since the Second World War. The human cost – in terms of deaths, infections, you look at Europe. The economic cost all over the world – in terms of jobs; economies, devastated; peoples' lives, ruined; businesses, shuttered; investments, wiped out. And the speed at which all of this has happened, has taken many by surprise. If you look at Singapore on 18 February, the Deputy Prime Minister presented his Budget speech with a support package of $5.6 billion dollars – very substantive.”
“The Singapore Police Force (SPF) does not track the time taken for a person to file a report upon arriving at a Police station. For rape cases, the victims should approach the service counters directly, and the officers will attend to them as soon as possible. SPF takes all reports of sexual assault very seriously and investigates them expeditiously.”
“ICA will share this information – the electronic health declaration – with MOH so that they will know if a person has travelled to a high risk country. That information would allow us to identify persons who may be at risk, take precautions and provide them with the appropriate medical care. Mr Speaker, Sir, the Government has put in place strict regulations and a strong enforcement framework. But regulations and strong enforcement are not going to be enough on their own, if people continue to insist on being irresponsible. All Singaporeans have to do our part, exercise social responsibility, protect ourselves, friends and family and fellow citizens. We are doing our best. The public officials – you have heard Minister Lawrence – have been working around the clock. And it has really been quite an exhausting few months for them. And this is a common fight. Most Singaporeans – you see it from the reaction – a vast majority of Singaporeans are responsible, understand this and have come together and acted admirably. But there will always a few who are irresponsible in every society and they risk undoing our efforts and put other people's lives at risk. So, if members of the public know of SHNs being flouted or breached, please tell the Police. We will take action against them. We have to take action against them. When we come together as a people, looking out for one another, we will prevail and we will overcome this COVID-19 situation.”
“But there is a wider duty that each of us owes to control the spread of COVID-19 and, really, not to endanger others and expose them to infection. One story going around – again, we are trying to verify – is that an individual is said to have gone for a holiday in Italy, developed symptoms of COVID-19 with a cough, fever and breathlessness. And this person apparently hid his symptoms and travel history in order to get on to a plane to come back to Singapore. And later, in Singapore, the person was admitted to the hospital, fell very ill, found to be carrying the virus. If this is true, the conduct is highly irresponsible. If he knew that there was a significant risk that he was infected but kept silent and went on the flight, then, he did so knowing that others could be infected. I can understand, as a Singaporean, he is anxious to come home, to his family. He is confident about our healthcare system, he wants to be here, but not at the risk of endangering other people's well-being. He should have declared his symptoms at check-in. Then, the airline would make a considered decision whether to allow the person to fly, and if so, with what sort of precautions. There cannot be this sort of unacceptable risk of infecting others. We have also received feedback from healthcare workers that some people are not truthful with their travel history when they see their GPs. Again, highly responsible. Our healthcare professionals, as Mr Gan has said, are our key asset in this fight. They are in the frontline; we all have to support them and not expose them in this way. So, on 23 March, ICA has announced that travellers into Singapore will have to fill in electronic health declaration from 27 March onwards.”
“So, these are quite serious penalties. We have another case. NIE terminated a foreign student from his postgraduate course, again for breaching his SHN and for repeatedly providing false information to NIE regarding his travel movements. His student pass was also terminated. I think Er Dr Lee's question may have been prompted by some of the messages that many of us have seen going around about recent returnees, particularly from the United Kingdom, that they are going out to eat local food, they hold birthday parties in their homes, they interact with friends, they go to clubs, bars and so on, while they were under SHNs. And many Singaporeans get upset when they hear about this. I think, either today or yesterday, another case was reported on an online site, Mothership – a Singaporean returning from Myanmar was apparently issued a SHN but he went out to have "bak kut teh" and posted about it on his Facebook page. I have asked for that case to be investigated. We are trying to verify some of these messages on SHNs being flouted. If anyone, a member of public, if you have information about such behaviour, please give it to the Police. We will follow up and we cannot allow such behaviour. So, I have given very clear instructions where these cases are verified to be true, we will charge them in Court. The second point is, when people are required to declare their travel history, there has to be honesty. Where false information is given, in order to avoid SHNs, there can be prosecution. Section 182 of the Penal Code carries a jail term of up two years or fine. Section 57(1)(g) of the Immigration Act also carries a jail term of up to 12 months, up to $4,000 fine, or both.”
“There are serious consequences for non-compliance. You have section 21(a) of the Infectious Diseases Act (IDA). If you breach the SHN, that could expose others to risk of infection, a first-time offender could face a jail term of up to six months, a fine of $10,000, of both. For repeat offenders, they face a jail term of up to 12 months, a fine of $20,000, or both. MOH will be setting out new regulations under the IDA, specifically focusing on penalties for SHN breaches. The jail term could be up to six months, a $10,000 fine, or both. If you are not a Singapore Citizen, but you are a Permanent Resident, a long-term visit pass holder, a dependent pass holder, a student pass holder, where appropriate, we will not hesitate to revoke these passes, shorten their validity and also bar re-entry into Singapore. So, the passes could be cancelled if you are short-term visitors and you could be asked to leave Singapore immediately and barred from re-entry forever. Foreign employees could have their work passes revoked and repatriated. For students, action can be taken by schools, including suspension or dismissal. Where there has a breach of the SHN and we knew about it, action had been taken. Members may recall when the SHNs were first introduced. There was a 45-year-old Permanent Resident, he was served with such a notice. He arrived at Changi Airport. He had a travel history to mainland China at that point, failed to respond to our calls. When enforcement checks were done, he was not at home and then, he was seen at Changi Airport, wanting to leave Singapore. It is clearly a breach of his SHN. So, his application for renewal of his re-entry permit was rejected by ICA and his PR status therefore was effectively revoked, and he has been barred from coming into Singapore.”
“Mr Speaker, Sir, the stay-at-home framework was first issued to persons who were returning from specified countries, countries that we thought were higher risk. But since then, of course, the COVID-19 situation across the world has grown considerably worse. So, on 22 March, we announced that all short-term visitors will not be allowed to enter into Singapore or transit through Singapore. So, in other words, no more tourists. No short stays. Singapore residents and long-term pass holders, they will obviously come back and they will be placed under a Stay-Home Notice (SHN) from 23 March. And it works this way: it means that Singaporeans will not be stranded overseas. They can come back. They can get access to our healthcare system. But those who are served with an SHN also have a responsibility. They should not put the wider community at risk. A Stay-Home Notice means exactly that – they have to remain in their place of residence at all times during the 14-day period and that is a non-negotiable condition. Persons on SHN are required to monitor their health closely. They have to minimise contact with others, even at home. They have to avoid having visitors. They cannot leave the house and they have to seek immediate medical attention if feeling unwell. This is because persons under SHN carry some risk of having the virus by virtue of their travel history or by virtue of their contact with others who may have had COVID-19. To ensure compliance with SHN, we conduct enforcement checks. They include surveillance using SMS, web-based solutions, mobile applications; and people are expected to be at home and contactable, obviously. Those who do not respond to the messages will be called and there are also house visits, unannounced, by enforcement officers.”
“Currently, the data referred to in (a), (b), and (c) is not collected. In relation to (b), the time between the Registrar's signing of documents to effect the surrender, sale, or transfer of the matrimonial property and the making of the initial court order depends on the facts of the case, including the actual terms of the initial court order. Where the application is approved, the relevant documents are signed on the same day. We will explore with the Courts if they are able to collect such data.”
“Currently, the data referred to in (a), (b), and (c) are not collected. In relation to (b), the time between the making of the initial order and the enforcement or variation of that order depends on the facts of the case, including the terms of the initial order, the circumstances of that case, and when the party concerned decides to make the application. We will explore with the Courts if they are able to collect such data.”
“From 2016 to 2019, an average of around 4,280 citizen children were born in Singapore each year to mothers who were Permanent Residents (PRs). For the same period, an average of around 2,210 citizen children were born to foreign mothers who were not PRs.”
“As at 31 December 2019, about 13,400 Singapore Citizen (SC) children under the age of 21 had foreign parents who were residing in Singapore on either a Long-Term Visit Pass (LTVP) or a Work Pass. Based on ICA's records from 2016 to 2019, there were around 14,400 unique non-PR foreign parents with SC children under the age of 21 who applied for LTVPs. Of these 14,400 parents, around 12,100 of them were female. Among this group, only 1.5% or 177 of them were widowed, divorced or separated. Seven did not eventually qualify for long-term stay through an immigration or employment facility. As at 24 February 2020, the SC children of these seven were still residing in Singapore.”
“The number of applications made under the Guardianship of Infants Act (Cap 122) ("GIA") from 2015 to 2019 is as follows: These applications include those for guardianship and other types of applications relating to infants such as maintenance, custody, care, and control under the GIA. We do not track the cases where the guardian appointed under the GIA is not biologically related to the infant. Applications to appoint a guardian under the GIA must first fall within one of the applicable provisions of the GIA. Under section 6 of the GIA, the court may appoint a guardian where: (a) Either the infant's father or mother has passed on and no guardian had been appointed by that father or mother. The court may appoint a guardian to act jointly with the surviving parent. (b) The infant has no parent, no guardian, and no person having parental rights with respect to him. Under section 10, the court may remove and replace an infant's guardian. Testamentary guardians may be appointed by parents by deed or will under section 7. The appointment of the proposed guardian must also be in the best interest of the infant, as the welfare of the infant is the first and paramount consideration in such applications. There is no requirement for the proposed guardian to share a biological relationship with the infant.”
“From 2017 to 2019, Police received an average of 1,204 reports of attempted suicide each year. We do not have statistics on the number of false alarms, the number of persons who were found dead from suicide by the time emergency services arrived, nor the total number of hours spent by our officers to engage persons with mental health issues. When the Police receive a report of attempted suicide, the nearest available resource will be dispatched to respond quickly to the case. If medical intervention is needed, the SCDF will also send the nearest available ambulance to the scene. If you want specialised "mental health ambulances" then you will have to have these in sufficient numbers to respond immediately to cases at any part of the island. That would not be a sensible approach. The right approach is to quickly get to such persons, with the use of normal ambulances, and make sure they get care. They can receive specialised mental healthcare thereafter. All Police officers receive training on how to manage cases involving individuals who are mentally distressed or traumatised. They also undergo regular refreshers through after-action reviews of such incidents. Where necessary, the frontline officers will activate additional resources to assist with the case such as SCDF's Disaster Assistance and Rescue Teams (DART) and the Police’s Crisis Negotiation Unit (CNU). DART is specially trained for complex rescue operations, including cases of attempted suicide at height and in confined spaces. CNU has Police officers and psychologists who are trained in suicide intervention. This includes how to negotiate with the person attempting suicide to dissuade them from doing so.”
“When they looked at other jurisdictions, a variety of things – we even considered the possibility of people with different income levels paying different amounts; that is tried in some countries too. But we decided it did not quite work. So, we have not shelved it completely. We have KIV-ed it to relook. But for a variety of reasons, it did not seem to work very well, but we will certainly look at the suggestions that Mr Singh has made.”
“On the first question on instalments, I should have been clearer. We allow some flexibility in deserving cases. But I think we do not want a situation where everyone comes and asks for the flexibility. So, there has got to be a rubric or framework. We are approaching it in the same way, in the sense that we both recognise, and everybody recognises, there are some people who need help, and the question is how best to help them. So, one is flexibility that is offered by Traffic Police. The second which can cover a larger group would be for the Members of Parliament to help, for them to approach their Members and for them to help, through utilising community resources for those who deserve or need the help. So, that I have done it, many Members of Parliament have done it, I am sure the Member would have done it. But also for Traffic Police, you write in. If the situation is such that the person needs some flexibility, that can be given. On the second point on halving the fine, if I understood the point rightly, it is to achieve the policy objective of persuading them or encouraging them not to commit the offence. Again. I think we are on the same ground here, in that we ought to try and look for ways in which we encourage people not to re-offend. So, the objective of the fine, the primary objective of the fine or penalty, should not be to punish but to try and have people incorporate that into the way they drive, so that they do not even offend in the first place, or if they do often, they do not re-offend. So, I will ask the Traffic Police to study these specific suggestions.”
“We will need scientists trained in life and physical sciences for the development of crime forensics and CBRNE detection capabilities. We will need electrical, mechanical and software engineers who can work in blended teams to realise operational systems such as advanced video sensors and robotics. Last but not least, we will need computer scientists and engineers to tackle the challenges posed by data and digital technologies. They will be deployed in various roles, from cybersecurity to developing algorithms, to augment the Home Team's frontline response. We have already seen strong interest in HTX as a career. In 2019 alone, about 170 officers joined HTX. They were a good mix of fresh graduates and mid-career professionals. This year, we will ramp up recruitment even more. As we build deep science and technology capabilities within HTX, we will concurrently build up a cadre of uniformed officers who are grounded in operational experience and proficient in technology. To nurture such officers, we are progressively introducing an "Ops-Tech Career Track" for Home Affairs Uniformed Services officers across the Home Team Departments. There will be structured pathways to enhance these officers’ operational experience and exposure to technology. These officers can also embark on further studies to develop technical knowledge. As a start, over 200 such Ops-Tech posts, with redesigned job scopes, will be identified within key Police and Civil Defence departments and frontline units. Together, the HTX and Ops-Tech officers will work together with the larger Home Team workforce to innovate and deliver solutions to support the Home Team’s mission.”
“For example, ICA has been digitalising its services to achieve its customer-service vision of "No Fuss, No Visit, No Waiting", and this will be for Singapore residents and travellers. ICA has already embarked on several initiatives in line with this service vision. For example, Singaporeans can look forward to a more hassle-free and efficient immigration clearance experience. Through the use of cutting-edge biometrics technology, ICA will soon allow Singaporeans to verify their identities and breeze through immigration checkpoints without the need to produce their passports or provide their thumbprints. I know, of course, during this period, no one is thinking of travelling very much. So, the idea of breezing through customs and border control is not so exciting. But the time will come when our airport will be very busy and so will the other checkpoints. This is something that we can deploy to effectively manage the voluminous flow of passengers in and out of Singapore. In 2019, ICA conducted a six-month trial of this contactless clearance concept at the Tuas Checkpoint for about 22,000 Singaporeans. The results of the trial were successful and ICA has since extended the trial to Changi Airport Terminal 4. I agree with Mr Patrick Tay and Ms Jessica Tan that it is important that the Home Team prepare and equip our officers to adapt to technological transformations. A key priority is to grow our talent pool of engineers and scientists. We have ambitious plans to grow HTX from 1,300 officers today to around 2,000 officers. Given the wide spectrum of capabilities the Home Team requires, HTX will recruit talent across practically all disciplines of science and engineering.”
“This capability was demonstrated in the on-going COVID-19 outbreak. HTX stepped up by designing a kit to rapidly screen and detect the virus immediately after its genome sequence was made public in mid-January. MHA has deployed this kit as part of our Bio-Surveillance Programme at our land, sea and air checkpoints. The third Centre of Expertise focuses on digital forensics. While technology has its benefits, it also provides tools for criminals to commit crimes. This year, HTX and Police will implement the DIGital Evidence Search Tool, or DIGEST for short, to automate the forensic processing of voluminous digital data. DIGEST will relieve the workload of Police Investigation Officers, so that they can focus on other aspects of investigative work. It will also be extended to other Home Team Departments, such as the Central Narcotics Bureau. The fast-growing eco-system for the Internet Of Things means that everyday devices, such as smart watches, home appliances and vehicles, can contain important evidence to support investigations. HTX is developing capabilities to harness data from Internet Of Things devices to support investigations. The above examples illustrate how HTX works closely with the Home Team to develop solutions to protect our safety and security. Moving forward, HTX will play a master-planning role to identify and develop cross-cutting capabilities across the Home Team. This will facilitate greater co-operation and synergy, so that we adopt a unified One Home Team approach in keeping Singapore safe and secure. The Home Team Departments are also constantly refining their operations to tap on technology to deliver better services.”
“Later this year, HTX will be testing additional use cases for ROVER-X, such as monitoring hazardous materials, inspecting chemical plants, and supporting the security of key installations. The use of automation and unmanned systems can also alleviate resource-intensive operations, like the on-going fight against COVID-19. With the support of HTX, the Police are progressively deploying CCTVs equipped with video analytics and motion sensors at some Government Quarantine Facilities, to enhance the security of the premises. Our second Centre of Expertise targets chemical, biological, radiological, nuclear and explosive threats, or CBRNE for short. CBRNE threats can pose significant risks to public safety. Over the last 10 years, MHA has set up a network of CBRNE detection laboratories and a Bio-Surveillance Programme along our borders. These are our first line of defence against CBRNE threats. The labs enable frontline units to detect and intercept dangerous materials at our checkpoints, and support investigations and intelligence gathering by the Home Team Departments. On average, the labs conduct about 125,000 screenings for dangerous materials every year. There are plans to expand the detection labs to more checkpoints. By 2023, we will build a new lab at Changi Airfreight Centre and more CBRNE facilities at the future Tuas Mega Port and Changi Airport Terminal 5 are in the pipeline. The Bio-Surveillance Programme, which was set up to detect bio-terrorism threats at our checkpoints, is also able to detect other agents such as influenza and health-concerning pathogens. Using a state-of-the-art system, which integrates laboratory functions on a small chip, our scientists can quickly adapt the system to detect new biological agents.”
“Mr Christopher de Souza, Ms Jessica Tan, Mr Desmond Choo and Mr Patrick Tay asked how the Home Team will tap the expertise within HTX to mitigate emerging threats and manpower constraints. HTX will house 14 Centres of Expertise to develop deep tech capabilities to support a range of Home Team operations. I will talk about three Centres of Expertise today. First, robotics, automation and unmanned systems. Over the past few months, HTX has developed customised solutions to augment our Police and Civil Defence operations. These solutions allow us to optimise our scarce manpower, and increase operational capacity and agility. For example, HTX worked with the Police to develop the Multi-Purpose All Terrain Autonomous Robot 3.0 or M.A.T.A.R 3.0. M.A.T.A.R 3.0 is a fully autonomous patrol robot. Compared with its previous models, M.A.T.A.R 3.0 has added features such as a tethered Unmanned Aerial Vehicle for aerial surveillance and enhanced cameras for long-range surveillance. You can imagine how useful such a device is in terms of sense-making as well as redeploying resources appropriately. Another application of robotics is to save lives in disaster rescue efforts. Urban search and rescue missions are extremely dangerous, particularly at sites where no terrain information is available, such as collapsed buildings or post-disaster sites. Therefore, HTX is studying the use of robots designed to mimic animals in their functions. One such robot is ROVER-X, which can move and manoeuvre like a dog. By customising ROVER-X with navigational capabilities, thermal cameras and sensors, we can deploy it in hazardous terrains that are unsafe for humans, and reduce the time required to find and rescue victims.”
“If they have accumulated up to one third of the maximum points, if they go for the Safe Driving Course, then, their accumulated points would be taken out. 12.15 pm Giving a discount on fines for first-time offenders, we might as well have not increased the fines in the first place. We could have said, first-time offenders, no increase but it may cut against the very policy that we are seeking to put in. I think I understand where Mr Singh is coming from. And my own approach would be that where people cannot afford to pay the fines, then, we should consider flexibility, we should also consider then in giving them some other support to help them pay the fines. But the fines are there. In a way, we should see, and this is where Members of Parliament come in, we should see whether we can help them when they come and see us through the community to help the lower income drivers, to help them pay the fines. That, Traffic Police would take a sympathetic approach. But I think the framework should be kept intact. Chairman, our operating landscape will continue to change. Society will change and progress, and there will be new uncertainties and crises that will emerge – those are the only certainties. I have outlined some of the approaches we take to try and deal with that and to be future-ready, as it were. My fellow Ministers and office-holders will answer the other questions. The Second Minister for Home Affairs (Mrs Josephine Teo): Mr Chairman, I will focus on the Home Team's increasing use of science and technology. MHA established the Home Team Science and Technology Agency, or HTX, in December 2019.”
“If there is good governance and people benefit, you can always deal with a small number who want to disrupt. With that background, let me deal with the specific question that Mr Singh asked. I think we can apply these principles, broad as they are, to the specific question. We amended the Road Traffic Act last year to increase deterrence against irresponsible driving. I think all of us agree, including Mr Singh, that there can be very significant social costs through irresponsible driving. Yes, in specific cases there may be no incidents, no loss of life. But imagine when there is loss of life. You lose your three-year-old child or you lose your grandmother or grandfather through somebody else's irresponsible driving. And, unfortunately, over the last few years, we have seen an increase or enough incidents of people driving when they should not be driving, when they were under suspension, or driving when they are under the influence of alcohol. People have died as a result of those actions. And we want to send, I wanted to send a very strong signal that penalties are going to be enhanced because we cannot accept people being irresponsible on the roads. And I made a speech saying that we are going to now deal with this. It arose from an incident where a young man who was under suspension drove and hit someone and killed him, if my memory serves me right, a lorry driver. In that case, the young man was from a higher socio-economic group. The lorry driver was from the lower socio-economic group. And I said, I think we got to re-look at this. We therefore, enhanced the penalties in the Road Traffic Act. So, to the specific question whether a discount on fines can be given for first-time offenders, we currently give a discount for demerit points to eligible drivers.”
“Now, it is first and foremost based on making sure that the majority progresses, and that the system is fair. Strict punishments can only be built on such a system. The Qin emperor's rule, as people will note, collapsed, because the approach actually worsened people's social and economic lives. We move forward to the Han Dynasty. China’s emperors tried to follow Confucianism, which depended solely or primarily on the leaders setting the example and inspiring people to be like them, family and social harmony, a responsible government with the moral duty to promote harmony. Confucianism appealed to people because they enjoyed internal peace and stability, and under it, the country experienced remarkable progress. But it had limitations as well because in every society, a large majority of people can be inspired to be good, to be noble, to do the right thing, following the example of leaders, assuming you have leaders who can inspire that kind of confidence. But you will always have a group that will want to challenge your laws, that will want to break them and that will want to destabilise. You will need to deal with them through a system of laws which can be enforced. What framework, how strict, what you allow, what you do not allow must be for each society to decide. So, you have to build the society on a basis of fairness, upholding moral responsibility on the part of the leadership, proper governance, an approach of upright virtuous governance which inspires people and bring that across to the people as a whole and then deal with the law breakers in a way that makes it clear to everybody that the laws would be applied, fairly, evenly – and law-breaking will be dealt with.”
“If a large majority of your people feel that it is a fair system, they have opportunities, that the Government and the system are set up to help the largest majority possible, then people will have faith in the system and the people who want to break the laws will be a minority. Then, your Police can handle it. But if a significant section of your population believes that the system is fundamentally unfair, the social economic system and the benefits are fundamentally unfair and that it is set up to benefit a few, at the expense of the majority, at the expense of the many, then no amount of strict policing and strict laws are going to keep people off the streets. What do they have? Why should they support? Why should they support a system that is fundamentally unfair? So, I think the first, I think, order of point of importance for any government and for us as a lesson is, really, the socio-economic, political structure. It must deliver good governance. It must deliver to the majority. Then, your police force can go and deal with those who break the law and the rest of the population will say, "Yes, we support it; these people ought not to be breaking the law." So, law and order, yes, but it is not possible without good governance. None of these concepts are new. All these different approaches have been tried. Those who are familiar with Chinese history will understand legalism, going back to the Qin dynasty, during the Warring States period. That was the preferred way of bringing order to a chaotic, fractious society. The emperor’s rule was based on strict laws, harsh enforcement and collective punishments. But such a system cannot carry on for long. People often misunderstand and think that our approach is based on very strict punishments.”
“Sometimes, people want to protest, say, take iconic places – Orchard Road or Tanglin or places like that – where there is a lot of commercial activity, primarily because of the disturbance it would cause to everyone else and, therefore, their cause would get noticed. So, on the one side is the desire of the protestors to get themselves noticed, on the other side is the disamenity to the rest of the community. Why should protests be favoured and why should the rest of the community say just accept it? Why not we put a place, if you want to protest, you go to a specified place and you protest. And anywhere else, you do not put my Police Force in an impossible position, where they will have to let as many thousand people as they want to congregate, and then deal with violence, as it inevitably, in many places, does result in. So, that is the first lesson. I think our approach, the approach we took was a correct one of being strict about where you can protest. Otherwise, the best Police Force in the world would still not be able to handle it. The second is it cannot be seen purely as a law and order issue. If you seek to deal with protests and your approach to protests is simply to have tough laws and enforce them, it is not going to work. Because underlying it is, what is your social order, what is the level of inequality, what is the social justice, how do people feel in your society? Is it a fair society? Do people want to support the system? Do they, by and large, believe that they benefit from the system?”
“They anticipated widespread protests. And this is Denmark. So, the Danish law enforcement constructed a holding facility. What you see is a holding facility. We do not do this in Singapore. They set up 36 steel cages that could hold more than 350 persons. Anyone who protested would find themselves in there. In London, climate activists calling themselves the Extinction Rebellion mounted non-violent protests for two weeks last year. They conducted marches, blockaded roads and disrupted train services. More than 1,800 were arrested. In one protest, an activist climbed onto the roof of a train during the morning rush hour. Commuters were suitably frustrated. They dragged him off the roof and assaulted him. We do not recommend that in Singapore. But the Metropolitan Police then banned the Extinction Rebellion protests across London. We have been criticised for disallowing protests outside of Speaker’s Corner, even if it was with just one person. But where do we draw the line? One, two, three, 30, 50, 100, 200, 5,000? How many protesters are acceptable? How do we tell what will be a peaceful protest and what will escalate into violence? Part of the issue in Hong Kong is that protests are allowed, the police are only allowed to intervene when it turns violent. So, by the time you have 50,000 people on the streets and some people go in there, let us say 500, mixed up who are deliberately intent on creating violence, how do the police handle this? This sets up the police for failure and sets up the police to be the fall guys. It is far better to say, protests in specific places allowed; otherwise, no protests in other places, because you want to strike a balance between competing interests.”
“So, it is an offence to organise or participate in a public assembly in Singapore without a Police permit. Where Singaporeans want to protest or demonstrate about issues that concern them, there is the Speakers’ Corner and no permit is needed. Now, here is the balance. Some countries that have traditionally said, "The freedom to protest is part of the freedom of expression and should not be clamped down". But, you know, when it comes to the crunch, they take different steps. For example, in 2009, Copenhagen hosted a UN climate conference. Chairman, with your permission, may I display a slide on the LCD screen.”
“That, I would say, has severely damaged the relationship between the police and the public – not helped by the one-sided portrayal of the situation in the media. In particular, the international media often focused on criticising only the police force. The demonstrators were always called pro-democracy protestors; as for the police, there was always reference to their brutality, and their alleged brutal response. The first time a police officer fired a live round, the media depicted it as an example of police brutality, and the picture went round the world. But all the events leading up to that point were ignored. Protestors, as I said, were often portrayed in a positive light. That the police were being attacked, their lives were frequently in danger, their families were being exposed – all that was ignored. The protestors were not just violent towards the Police. Hong Kong residents who went to try and clean up were set upon by the protestors. In one instance, a man was hit over the head with a drain cover by masked assailants while clearing the roadblocks. Today, just before the COVID-19 situation, the Hong Kong police force were seriously stretched. They faced persistent criticism both domestically and internationally. Even when they were off-duty, they have had to fend off protestors targeting their family and loved ones. Morale was obviously affected. So, what are the lessons for us? I think one key lesson is the actions of disaffected few, should not be allowed to threaten the rights of the majority to live in a stable, peaceful society. And, really, there has to be a zero-tolerance approach to illegal demonstrations and protests. We already have the Public Order Act. We take a zero-tolerance approach.”
“You can have the best Police Force in the world but you cannot deal with riots unless there are other things that are taken care of as well. We have had riots across the world – Chile, in Europe, in Hong Kong, of course, and other places. Street protests have escalated to violence. They have disrupted the lives of ordinary citizens, and destroyed public and private infrastructure. We have had in Lebanon, where several months of protests have caused a lot of damage. Santiago, I mentioned, demonstrators were enraged by hikes in public transport fares. They looted stores, and set fires to vehicles and properties. Then, we saw Hong Kong, seven months of protest. Mr Gan Thiam Poh asked what can we learn from these protests. I will take this opportunity to discuss Hong Kong and the others and what are the lessons for us. We have seen hundreds of thousands of people on the streets in Hong Kong. Some of them have engaged in extremely violent, disruptive behaviour, with the whole purpose of crippling the government and inflicting severe damage to the economy and to the reputation of the city, and obviously caused very severe challenges for the Hong Kong Police Force. Before this latest period of unrest, the Hong Kong Police Force was considered one of the finest in Asia. The Singapore Police Force and the Hong Kong Police Force, they were probably two very highly regarded Forces in Asia – disciplined, professional, well respected by local residents. 12.00 pm But since the protests started, the police have been caught between the need to uphold public order and protestors who resorted to increasingly violent tactics just to attack the police and instigate them.”