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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“Similar powers will be conferred on the President to make regulations for the judicial appointment holders. This is provided for in item 4 of the Order Paper, the Judges' Remuneration (Amendment) Bill 2014. The regulations will set out how the gratuity will be computed, and the terms and conditions for payment. They will also provide a death gratuity to the dependants or estate of these judicial and statutory appointment holders, should these appointment holders die in service. The provision of a death gratuity is a service benefit that is accorded to existing judicial and statutory appointment holders and all other public servants, should they die in service. The gratuities payable under the plan will be paid from the Consolidated Fund. This plan will apply only to future appointment holders. Current appointment holders will not be affected by this change. Overall, this set of amendments will make future appointment holders non-pensionable, like most public officers. Page: 53 Mdm Speaker, I will now turn to the third set of amendments, to create the office of the Deputy Attorney-General (DAG). The Attorney-General (AG) performs numerous functions and bears numerous responsibilities. This office carries critical Constitutional responsibilities, namely, acting as the Government's legal adviser; and acting as the Public Prosecutor. In addition, the AG is responsible for drafting Singapore's laws; and acts as Singapore's representative, both in actions by or against the Government, and in the international arena. The past few years have seen the volume and complexity of the work handled by the Attorney-General's Chambers (AGC) grow enormously.”
“Where a Senior Judge is appointed for a specified period, he may hear and determine any specific case, or such classes of cases as the Chief Justice may specify. However, there is no provision for Parliament to limit the classes of cases that a Senior Judge Page: 52 may hear. A Senior Judge may sit in the High Court, the SICC, or, if the Chief Justice so requires, in the Court of Appeal. A Senior Judge will be required to take the same oath as that for the Judges and Judicial Commissioners of the Supreme Court. We consulted the President on the appointment of International Judges and Senior Judges. The President is supportive of these amendments. Mdm Speaker, I will now move on to the second set of amendments. These amendments introduce a gratuity plan which will replace the pensions for future judicial appointment holders, namely, the Chief Justice, Judges of Appeal and Judges of the High Court, and future statutory appointment holders, namely, the Attorney-General, Auditor-General and the Chairman of the Public Service Commission. These amendments arise from the Public Service Division's comprehensive review of the salary framework of judicial and statutory appointment holders last year. Deputy Prime Minister Teo Chee Hean had informed the House then that, amongst other changes, the pensions of these future judicial and statutory appointment holders will be replaced by a gratuity plan. Future judicial and statutory appointment holders who receive the plan will not be eligible for any pension benefits, including post-retirement medical benefits. The Bill confers on the President the power to, on the advice of the Cabinet, make regulations to prescribe a gratuity plan for the statutory appointment holders.”
“The Supreme Court of Judicature (Amendment) Bill 2014 provides that an International Judge may only sit in the SICC, and in appeals from the SICC. Where an International Judge is appointed for a specified period of time, the Chief Justice may, from time to time, require the International Judge to hear and determine any specific case or such classes of cases which the Chief Justice may specify. Some of the Constitutional protections that are available to Judges of the Supreme Court will be extended to cover International Judges: an International Judge may resign, but may not be removed from office except in accordance with the procedure for removal set out in the Constitution. An International Judge's conduct may not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one-quarter of the total number of the Members of Parliament. The SICC will be the first court of its kind in Asia that caters to foreign parties and foreign laws. It will bring immense benefits to our legal community. And we hope to leverage on the success of our arbitration sector, and position the SICC as a complementary option that will enhance our ability to become the dispute resolution hub of Asia. Mdm Speaker, I will now touch on the appointment of Senior Judges. These will be persons who were formerly Judges of the Supreme Court. The objective of introducing the appointment of Senior Judges is to allow the Supreme Court to tap into the experience of the retired Judges. The process of appointing a Senior Judge is identical to that of an International Judge. The protections they enjoy are identical. Likewise, a Senior Judge may be appointed for a specified period of time, or hear and determine a specific case.”
“Decisions of the SICC may be appealed to the Court of Appeal, although parties will be allowed to contractually exclude or limit this right of appeal. Consistent with the international character of the SICC, parties may apply to exclude the application of Singapore's laws of evidence. Instead, as with arbitration, the Court may allow parties to choose to apply alternative rules of evidence which they may be more familiar with. This will help to make the SICC a more attractive option to foreign parties where the cases or disputes have little or no connection to Singapore. I will now turn to the appointment of International Judges under the Constitution Bill. These will be persons who, in the opinion of the Chief Justice, have the necessary qualifications, experience and professional standing to be such a Judge. The International Judges on the SICC's panel will, therefore, comprise eminent foreign jurists who will be able to hear disputes governed by foreign law. They will complement our Supreme Court Judges in hearing disputes at the SICC. The high quality of the Bench will be Page: 51 a major point for foreign parties. International Judges will be appointed by the President, if he, acting in his discretion, concurs with the advice of the Prime Minister. The President may refuse to make an appointment of an International Judge. An International Judge will be required to take the Oath of Office for International Judges before taking office. This is similar to the oath taken by other Judges, but it excludes a requirement to defend the Constitution. An International Judge may be appointed for a specified period of time, or to hear and determine a specific case.”
“There is presently no equivalent default court in Asia. Our intention is to become that default court. No other country provides this option. We want to be the first and we want to succeed. The SICC will be positioned as that Court to leverage on our strengths to become the neutral Page: 50 forum of choice for court-based litigation in this part of the world. The SICC will provide an excellent new platform for Singapore law firms and lawyers to gain international exposure and experience. They will have more opportunities to work on high-value, complex cross-border disputes. If we are able to successfully develop our international litigation and mediation spheres while maintaining our status as an arbitration hub, we will become the key centre for legal work in Asia. The legal sector will be a direct beneficiary. The SICC will be established as a division of the High Court. This will enable its judgments to be enforceable as judgments of the Supreme Court of Singapore. The SICC will hear international commercial disputes, including those governed by foreign law, where the parties have agreed to use the SICC, or where the case is transferred from the High Court. Proceedings will generally take place in open court, but parties will have the option to apply for the proceedings to be heard confidentially. Proceedings before the SICC will be heard before a single Judge, or three Judges. Foreign lawyers will have to register to appear before the SICC and appeals from the SICC in certain situations to be prescribed in the Rules of Court. This will be covered in greater detail when I speak on the Legal Profession (Amendment) Bill. Local commercial cases will be primarily handled by local lawyers.”
“The SICC will complement existing arbitration services and broaden the suite of dispute resolution options that are available to regional as well as international parties. It will attract parties who would not otherwise have come to Singapore to have their disputes resolved here. The key objectives are to grow the legal sector by bringing offshore work into Singapore and that will, in turn, give our lawyers and law firms more opportunities to tap into Asia's growth. That process has taken place in the arbitration sector. So, even when the disputes have little or no connection to Singapore, Singapore lawyers will get involved the moment the arbitration is heard in Singapore. How will the SICC seek to achieve these objectives? We have a strong reputation for good governance, low corruption, efficiency, rule of law and a trusted legal system. The brand name for Singapore is outstanding. Our neutrality is also an important factor which will help. Our Judiciary is highly regarded as being efficient, competent and honest. It is consistently ranked highly in international surveys. Our lawyers and law firms have developed a good reputation for providing high quality legal services. We have the "Asian advantage" in that we understand Asian context and culture. This advantage is important as arbitration users have indicated that a personal connection to the city in which the arbitration is held is one of the main reasons for selecting the venue. Thirty-seven of the top 100 law firms in the world are present in Singapore. This further helps in what we have to offer in terms of legal services. Parties involved in cross-border disputes rely on the courts in London or New York if they do not want to arbitrate and wish to have their disputes heard in a neutral court.”
“The Singapore International Arbitration Centre (SIAC) is the fourth most preferred arbitral institution worldwide. This did not happen by chance. Second, international commercial mediation. My Ministry has welcomed the recommendations of the International Commercial Mediation Working Group to develop Singapore into a centre for international commercial mediation. Two new mediation institutions, the Singapore International Mediation Centre and the Singapore International Mediation Institute will be set up. We are also looking at introducing a legislative framework for mediation. The SICC represents the third part of our strategy that will enable us to provide a full suite of dispute resolution services. Page: 49 In May 2013, a Committee co-chaired by then Judge of Appeal, VK Rajah, and Senior Minister of State for Law and Education, Ms Indranee Rajah, was appointed to study the viability of developing a framework for the establishment of the SICC. It comprised international and local members to provide a wide range of expertise and views. The Committee submitted its report to my Ministry at the end of last year. We conducted a public consultation on the report, and the feedback received was generally supportive of the initiative. We also conducted a subsequent public consultation on the Bills to put in place the legislative framework for establishing the SICC. The feedback received was taken into consideration in finalising the Bills. So, there were two consultations, one before the draft Bills and one after. The SICC, under the current framework, will be an international court with specialist jurists hearing international commercial disputes. We want the SICC to hear disputes governed by foreign law as well.”
“This increase is a result of the tremendous growth in the volume of trade, business, investment and finance in Asia in recent years. On trade, a study by the Asian Development Bank suggests that Asia could account for half of the world's GDP, trade and investment by 2050. Last year, the ASEAN economies achieved a combined annual growth of 5%, compared to the estimated global growth rate of less than 3%. ASEAN is also working towards the ASEAN Economic Community to integrate and transform ASEAN into a single regional market with freer flows of goods, services, investment, skilled labour and capital. Second, FDI into Indonesia, Malaysia, the Philippines, Singapore and Thailand, known as the ASEAN 5, grew by 7% from US$120 billion in 2012 to US$128.4 billion in 2013. FDI inflows to Asia have grown by nearly 30% since 2009, reaching US$400 billion as of 2012. This accounts for 30% of global FDI flows. In Southeast Asia, nearly US$1 trillion of infrastructure investment will be required until 2020 – the next six years. Likewise, India's infrastructure sector potential is estimated to require US$1 trillion in funding from 2012 to 2017. With these opportunities and growth in the region, the number and complexity of cross-border disputes will probably increase exponentially. The need for reliable dispute resolution services will increase. This is a need that we are well-placed to meet. There are three parts to our strategy to become one of the world's leading dispute resolution hubs. First, international arbitration. For a few years now, we have focused on developing our international arbitration services. Our efforts have yielded excellent results. Singapore is now the third most preferred arbitration seat in the world.”
“Thank you, Mdm Speaker. I beg to move, "That the Bill be now read a Second time". The Constitution of the Republic of Singapore (Amendment) Bill, which I will refer to as the "Constitution Bill", seeks to amend the Constitution in five aspects. First, to create two new judicial appointments, namely, the International Judges and Senior Judges; second, to introduce a gratuity plan for future holders of judicial and statutory appointments in place of pensions; third, to create the office of the Deputy Attorney-General (DAG); fourth, to amend the composition of the Presidential Council for Minority Rights; and, fifth, to reflect the change of name to "GIC Pte Ltd". Mdm Speaker, before I discuss the amendments, I would like to point out that some of the amendments in the Constitution Bill are related to subsequent items in the Order Paper, as follows. First, the appointment of International Judges is one part of the legislative amendments introduced to establish the Singapore International Commercial Court (SICC). Other SICC-related amendments are found in the Supreme Court of Judicature (Amendment) Bill 2014 and the Legal Profession (Amendment) Bill 2014. Second, the introduction of a gratuity plan to replace pensions is related to the amendments in the Judges' Remuneration (Amendment) Bill 2014. Third, the creation of the office of the DAG is related to the amendments in the Statutes (Miscellaneous Amendments – Deputy Attorney-General) Bill 2014. I will deal with each of the amendments in turn. I will start with the appointment of International Judges. Page: 48 Our vision is to become the leading dispute resolution hub in the region. There are significant opportunities arising from the increase in the number of cross-border transactions and disputes in Asia.”
“First, the international community has to work together to combat this threat. A united approach by the international community sends a strong signal to IS that the world rejects its extremist agenda. It is significant that several Arab nations have joined or supported the international coalition. Second, IS exists in both Iraq and Syria and has to be dealt with as one entity. Any overall strategy has to include a political solution to end the conflict in Syria. As for Iraq, there has to be strong political will to develop an inclusive and tolerant polity. Both situations are complicated and there is no quick fix. Military force is necessary to blunt IS on the ground, but missiles and rockets alone cannot and will not bring peace. This brings me to my third point – the true fight has to be in the arena of ideas. We have to counter the extremist ideology, which is used to recruit foreigners to terrorism and fuel their violent agenda. The Singapore Government has supported and worked with our religious leaders, community groups and individuals to rehabilitate terrorist detainees and to de-legitimise radical ideologies. This must continue and we must remain vigilant. Our Mufti Dr Mohamed Fatris Bakaram has stated that what is depicted in the videos and reports by IS are against Islamic teachings, because they are propagated by misinterpretations of the Page: 24 teachings, and/or are in support of a certain agenda. Mdm Speaker, to counter the threat of IS and deal with the foreign terrorist fighters issue will require the joint effort of the international community. All of us must do our part to combat this threat.”
“In Belgium, the authorities have foiled several attacks in the past months planned by terrorists returning Page: 23 from Syria. Australia launched a massive counter-terrorism operation to detain a number of people, who were planning to carry out attacks around the country. Our region is not immune. Members will recall Deputy Prime Minister Teo Chee Hean informing Parliament in July 2014 that some Singaporeans had gone to Syria to participate in the conflict and he repeated that earlier today. There are other Singaporeans who have expressed interest in joining the terrorists but were stopped before they were able to travel to Syria. There are also reports of Indonesians and Malaysians fighting in Syria and Iraq today. Some of these terrorists have taken to social media platforms like Facebook to chronicle their activities on the ground. Another concern for everyone is that radical groups, including some in our region like Abu Sayyaf, have pledged allegiance to IS as well. This is a threat that has to be taken seriously. On 24 September 2014, the UN Security Council passed Resolution 2178, which we co-sponsored. It obliges member states of the UN to work together to counter the violent ideologies that fuel radicalisation and cut off the supply of foreign terrorist fighters, who plan to commit terrorist acts in other states. During the UN Security Council Summit on Foreign Terrorist Fighters, chaired by US President Barack Obama, on 24 September 2014, we also delivered a strong statement. We expressed our readiness to play our part to combat the threat of global terrorism. We also welcomed the formation of an international coalition, led by the US, to eliminate the threat from IS. I would like to make a few additional points.”
“Mdm Speaker, Singapore has strongly condemned the terrorist actions of the Islamic State in Iraq and Syria (ISIS), or IS as it now calls itself. The group's violent campaigns against minority and other groups in Iraq and Syria, the brutal murders of Muslims and non-Muslims alike, the abduction and murder of innocent civilians and the widespread abuses of human rights expose the true nature of IS and the threat it poses to the world. Unless stopped, IS will continue to target any group that does not conform to its extremist agenda. On 15 August 2014 this year, the United Nations Security Council (UNSC) passed Resolution 2170, which not only condemned in the strongest terms, the terrorist acts and violent extremist ideology of IS and other radical groups in Iraq and Syria, it also urged all UN member states to take appropriate measures to combat terrorism. We strongly supported the Resolution. Muslim religious leaders around the world have come out to condemn IS. For example, the Grand Mufti of Egypt has said that, and I quote, "an extremist and bloody group such as this poses a danger to Islam and Muslims, tarnishing its image as well as shedding blood and spreading corruption". The threat is not limited to the Middle East but extends to the rest of the world. Many foreigners, with some estimates of more than 15,000 people from at least 80 countries, have joined IS and other radical groups fighting in Iraq and Syria. This is the largest mobilisation of foreign fighters since the Soviet-Afghan War in the 1980s, which drew in thousands of foreigners and led to the creation of Al-Qaeda. Many countries have begun to recognise the dangers posed, in the form of returning terrorists, to national security and social cohesion. The danger is real.”
“The setting up of the third law school was recommended by the 4th Committee on the Supply of Lawyers in 2013. While the Committee did not find a shortage in the overall number of lawyers, it highlighted a shortage of lawyers practising criminal law and family law. The third law school will seek to address this shortage by focusing on mature students with experience in fields such as social work and law enforcement and who display a keen interest in practising criminal law or family law. It can also meet some of the demand, albeit in a modest way, as its proposed intake will only be about 50 to 75 students per year, from Singaporeans wanting to study law and who would otherwise pursue this overseas. The third law school therefore remains a relevant and important addition to the legal education landscape.”
“We say that both sides should stop it. We say, "Look at the facts". There is responsibility on the part of Hamas and there is responsibility on the part of Israel. We have gone public and, when we meet people, we give them our views. We must also be realistic as to what we can do. Neither Israel nor Hamas owes their living to Singapore. They have much bigger backers. And until and unless their backers are able to work with them, this situation will continue. The Palestinians in Hamas, the world knows who backs them and who gives them material support. Until that stops, the attacks on Israel is not going to stop. And for Israel itself, there are countries which are in a much more influential position vis-a-vis Israel. I think the answer to the third point on the safety and security of Singaporeans, I think I have answered it earlier but, basically, the fact is that in such an interconnected world, anything that happens anywhere in the world, almost, will have a serious impact on us. That is the reality. Page: 18”
“Thank you. On the first, the impact of the images, I think that is a serious issue. And concomitant effects on self-radicalisation, not just in Singapore and this region but elsewhere, it is a serious issue. And this issue is there, regardless of whether it is Palestine or whether it is Iraq. Members would know what is happening in Iraq and the new caliphate that has been announced and the killing of thousands of people by ISIL, and that has attracted converts from all around the world, some of whom are going back to their countries, and which intelligence agencies have assessed to be the single most serious threat to the security of various countries. We are going to be faced with that, just like others, even if we do not have recruits from Singapore going there. What can we do about it? Very little, frankly. We can try to be safe and secure within Singapore, but how can we prevent self-radicalisation? We can try and monitor; we can try and persuade within Singapore, but do we have control over what is happening in the region, what access people get to images? All the images of the 180,000 people, mostly innocent civilians – women, children – who have been killed in Syria by both sides, including radical elements which are opposed to Mr Assad, and Mr Assad's troops. That is causing a lot of self-radicalisation, as is the Palestinian cause. Our relationship with Israel is not any deeper than with many other countries. In fact, several other countries have much more leverage over Israel. We are a small country, far removed from Israel, and we have a good relationship with Israel as we have with the Palestinian National Authority and several other Arab countries, and many others. The position we take on this issue is a principled one, which is, we abhor the violence.”
“I think there are probably the following points and Mr Singh will correct me if I am wrong. One, the impact of the images, including the possibility of self-radicalisation; and two, whether we are in a special position to give some messages to Israel; and three, what else we can do to protect the safety and security of Singaporeans. Page: 17 [(proc text) The hon Member Mr Pritam Singh indicated agreement. (proc text)]”
“The exploitation of dead children is completely unacceptable but, equally, we have made it clear that we believe that Israel's response is not proportionate. It is disproportionate. The rights and wrongs, we hope, will be investigated by the Human Rights Council. But when we take the position that there is a targeting of innocent civilians, I think it is important to get the facts right. If – and I do not say that Israel has not targeted civilians – indeed, there is targeting of civilians, that is a serious international crime and should be punished. Equally, you must take into account what Hamas has been doing and Hamas' public admission that it is using civilians as a shield, which is why we said both sides bear responsibility.”
“I am not sure I am going to be able to add much to what I have already said. I think the first point is that, if indeed the facts are that it is a pure targeting of innocent civilians, that is completely unacceptable. It is an international crime. And we would support prosecution under international criminal laws. There is, however, I suggest, a need to look at the facts carefully. I think the facts are that over 2,000 rockets have been launched into Israel by Hamas; and not a single rocket from the West Bank. As regards the killing of civilians, if I may quote what the President of the Palestinian National Authority Mahmoud Abbas said about what he feels about Hamas' tactics: "What are you trying to achieve by sending rockets?", he asks. "I do not like trading in Palestinian blood." It is not really just speculation anymore that Hamas deliberately put its civilians in the line of fire. Let me quote Hamas' spokesman Sami Abu Zuhri who went on Gaza national TV and said that the human shield strategy has proven, quote, "very effective". Page: 16 The rockets that Hamas fires into Israel rarely kill any civilian or cause any serious damage. They are launched from densely-populated areas, including hospitals and schools. They do not cause much damage, because of the preparations that Israel has taken, including the Iron Dome. But then, you would have to ask, "Why launch the rockets without causing any real damage to the other side, but inviting great damage to your own people and then putting your own civilians in the line of fire when the response comes?" Because Hamas knows that its cause is helped when Gazans die. If there is one thing that helps Hamas most, that gives it any legitimacy, it is dead civilians and rockets in schools.”
“At the end of the day, the fact is, the Israelis and Hamas – and I say Hamas because there was not a single rocket from the West Bank which is under the control of the Palestinian National Authority, and there have been no attacks by Israel on West Bank – are responsible for what is happening in Gaza, and they have to exercise political will, and take concrete steps to bring an end to the conflict. Page: 15 The Human Rights Council in Geneva has decided to establish an independent Commission of Inquiry to investigate all violations of international law, including violations of humanitarian laws. We say that all parties involved should cooperate in that inquiry. Let us hope that the latest 72-hour ceasefire holds and, hopefully, this will develop into something more. Essentially, only a negotiated solution under UN Security Council Resolution 242 can provide the basis for a viable long-term solution. We have issued statements and made our positions public, and have been consistent with what the UN itself has asked. Both Singaporeans and the Government have come forward to make an offer of material help as well. But as I said earlier, it is not really an issue of money. It is, ultimately, a ceasefire holding. If a ceasefire holds, the international community, including Singapore and the man on the street in Singapore, will come forward very generously. I think that, really, covers both your questions on the more proactive role and about Israel's actions and whether Singapore can do more.”
“As to the other two questions, whether the Singapore Government can do more and whether we can play a more proactive role, I think the way that I would look at this is that we got to get the facts right. In the Member's question, he said the killing of innocent civilians. If innocent civilians were targeted as a direct act, that would be a serious violation of international law and we believe that this should be pursued under the international fora. Throughout the current conflict, the UN Secretary General has repeatedly called for an immediate and unconditional humanitarian ceasefire, the protection of civilians, respect for international humanitarian law, as well as the provision of urgently needed humanitarian assistance. We have strongly supported the Secretary General's calls. The Secretary General's calls were also reiterated in a statement made by the President of the UN Security Council, which called on the parties to get into a meaningful and durable ceasefire. But despite all these efforts by the international community and the US and other countries, the hostilities continue. Members have heard me talking about the different ceasefires. There are limits to what the UN can do. And, obviously, there are limits to what the US can do and what Singapore can do. Look at what is happening in Syria. At least 180,000 people have been killed in the last two to three years. I think this is more than in the last 20 years in Palestine. There has been a limit to what the UN has been able to do So, the international community can make statements and can try and bring some sense but, ultimately, it is going to require that the actors themselves to also want peace.”
“Thank you. Let me deal, first, with our relationship with the Palestinian National Authority and what we do. We have maintained good relationships with the Palestinian National Authority. Mr Goh Chok Tong, when he was Senior Minister, had visited Palestine. And we have been supportive of the two-state solution and, consistent with that, we have tried to support the legitimate aspirations of the Palestinian people. Last year, at the UN General Assembly, Singapore voted for all Palestinian-related resolutions. That is as public a support as you can get. I personally met the Palestinian National Authority's Foreign Minister last year and we had a good exchange of views. We have also supported visits from the Ministers of the Palestinian National Authority to Singapore. Indeed, we financially support that. Since 2013, we have been participating in the Conference on Cooperation among East Asian Countries for Palestinian Development (CEAPAD). During CEAPAD I in Tokyo last year, we announced Singapore's enhanced Technical Assistance Package for the Palestinian Page: 14 National Authority, worth $5 million over five years, which is more than several of our regional countries have pledged. Under this package, we have received several delegations and study visits. The Senior Minister of State for Foreign Affairs Masagos Zulkifli met the Palestinian National Authority's Prime Minister during CEAPAD II in Jakarta earlier this year. Mr Masagos encouraged the Prime Minister to send more Palestinians to Singapore under this package. We hope that they do so. So, politically, materially and philosophically, we have been supportive of the Palestinian cause and we have made that very public.”
“Can I understand the first question? Is it whether we can play a more proactive role? Taking a stronger position on Israel's actions? [(proc text) The hon Member Mr Zaqy Mohamad indicated agreement. (proc text)]”
“I believe that Israel can and should show full commitment to the two-state solution and comply with its international law obligations. And Hamas should stop its attacks on Israel. Fifth, unless compromises are made by the parties involved, the cycle of violence will repeat itself over and over again. We have made clear, in public, our position on the latest conflict. We have issued statements, which have referred to the actions of both parties. Both bear responsibility. We all share a concern for the loss and suffering of innocent lives. Both Israel and Hamas should do their part to stop this violence. We have joined the international community in urging restraint and supporting humanitarian efforts. Singaporeans have started donating and MUIS has been collecting funds at the mosques and the Singapore Red Cross Society and Mercy Relief have launched appeals for donations. Mercy Relief has announced that it has collected over $400,000. The Singapore Government has also pledged financial support in response to international efforts and is channelling the funds through the Singapore Red Cross. But, really, money is Page: 13 not the key issue. If there is a stop to the violence, the international community will come forward very generously, including Singapore, to help. Money is not the issue; political will is.”
“Page: 12 Nevertheless, there is the question of how Israel has responded. While we understand the legitimate right of Israel to self-defence, the rising Palestinian death toll – over a thousand killed so far, the majority of them civilians, including many women and children – is tragic and extremely distressing. It raises the question of whether Israel's response to the threat is proportionate. Whether or not this response is justified, we believe that Israel can and should do more to ensure that civilian casualties are minimised. Hamas in Gaza should also take maximum precautions to ensure that civilians are not put in harm's way. Unfortunately, Hamas' cynical approach has been the very opposite – to deliberately use civilians as shields. The rocket attacks on Israel should stop and Israel should stop its operations in Gaza. Third, Singapore supports the right of the Palestinian people to a homeland under a two-state solution. And Israelis must also be able to live in enduring peace and security. Unfortunately, this is proving to be extremely difficult to realise. The situation is compounded by the fact that Hamas does not recognise Israel and calls for the destruction of Israel. The rocket attacks from Gaza on Israel have increased from previous attacks on Israel in 2009 and 2012, and now Israel's counter attack has caused significantly large casualties amongst the Palestinian population – including innocent civilians. Fourth, only a negotiated settlement consistent with UN Security Council Resolution 242 can provide the basis for a viable, long-term solution. This has been Singapore's consistent position. Unfortunately, talks broke down in April despite the best efforts of the US.”
“We were encouraged by Israel and the Palestinian National Authority's acceptance of the proposal and we had hoped that Hamas would do the same. However, Hamas did not accept the Egyptian proposal and the violence continued. On 17 July 2014, Israeli defence forces began its land offensive into Gaza. MFA issued another statement stating that Singapore was seriously disturbed by the deteriorating situation in Gaza and expressed our strong support for the United Nations Secretary-General Ban Ki-Moon's call for an immediate cessation of hostilities and for all parties to do their utmost to ensure the protection of civilians and that humanitarian assistance continued to reach all those in need. We again urged all parties to work towards a lasting ceasefire. We reminded all parties that it was important to break the cycle of violence and that the focus had to be the safety and security of all innocent people affected by the conflict. Unfortunately, the 72-hour humanitarian ceasefire, which was announced by the US and the United Nations, ended just a few hours after it started on Friday, 1 August 2014. Regrettably, the conflict has raged on with more casualties on both sides. A new 72-hour humanitarian ceasefire is scheduled to begin today. We can only hope that this will hold. But even as I speak, we cannot be sure, given the recent history. I would like to make some key points on what Singapore's position is. First, the loss of many innocent lives, especially young children, is completely unacceptable. Many Palestinians have also been displaced from their homes. Second, in this complex situation, both sides blame the other for what is happening. Israel says that it has to respond to Hamas launching thousands of rockets against Israel, some of which now reach Tel Aviv.”
“Mdm Speaker, the latest conflict in Gaza has harmed the Middle East Peace Process (MEPP). It has further made worse the already bad situation in the Middle East. As with all conflicts, Singapore and the international community's primary concern has to be and is for the security and safety of innocent civilians from all sides. This latest conflict in Gaza comes after the abduction and killing of three Israeli teenagers in June, as well as the abduction and killing of a Palestinian teenager in July. The killing of the three Israeli teenagers and the killing of the Palestinian teenager are heinous crimes. MFA has strongly condemned the two terrible crimes and called for the perpetrators to be brought to justice. We have also urged the Israeli and Palestinian authorities to do everything possible to reduce tensions and protect the lives of innocent civilians. Unfortunately, tensions between the two sides have escalated into an open conflict. Hamas has launched rocket attacks, numbering over 2,000 on a regular basis. On 8 July 2014, Israel started "Operation Protective Edge" to destroy the rocket-launching sites, the smuggling tunnels and munitions stockpiles to prevent attacks on Israel. Page: 11 However, these attacks have also caused severe civilian casualties, which are rising quickly. On 10 July 2014, MFA issued a statement expressing our deep concern over the escalating violence. We called on Israel to exercise maximum restraint and urged it to do its utmost to protect innocent civilian lives. We also called for the rocket attacks on Israel to cease immediately, and urged all sides to urgently find ways to de-escalate the situation and work towards a ceasefire. On 15 July 2014, we welcomed and supported the Egyptian proposal for a ceasefire.”
“In this answer, we have taken the total amount of consumer credit to mean the total amount of outstanding personal loans taken by Singapore households. Such loans include motor vehicle loans, credit/charge cards, pawnbroking loans, moneylending loans and other types of consumer loans, but exclude mortgage loans. According to the Department of Statistics (DOS), the total amount of outstanding personal loans taken by Singapore households in 2012 and 2013 was about $70 billion and $74 billion respectively. In comparison, the total amount of outstanding licensed moneylending loans taken in 2012 and 2013 was about $174 million and $198 million respectively. The amount of outstanding licensed moneylending loans taken in 2012 and 2013, therefore, constitutes less than 1% of the consumer credit taken in the same period.”
“In respect of limits on the number of moneylenders by geographical location, I had previously explained my Ministry's thinking on this issue in this House. Singapore is small and highly accessible. We do not think that travelling cost will effectively deter borrowing from moneylenders. Nevertheless, this is a position which we are reviewing. Members may be aware that my Ministry has set up an Advisory Committee on Moneylending to review our moneylending policies. The location of moneylenders in Housing and Development Board estates is one of the issues the Committee has been asked to consider. We will share the Committee's conclusions and recommendations when the Committee has completed its work.”
“The Government's policy is to charge market rates for the use of state land and properties. Typically, where the land or property is used for commercial purposes, such as office or food and beverage establishments, the rental payable is determined by the market through a public tender. Where the use is institutional in nature, such as those by voluntary welfare organisations for community or social purposes, the rate would not be pegged to the commercial rates but will be based on institutional use. Singapore Land Authority, as the custodian of state land and properties, applies this policy to all users of state land and properties under its charge, including Statutory Boards. Government Ministries may be allocated state land and properties at no cost to carry out their functions. For example, the Ministry of Education is allocated land for Government schools. However, if Ministries rent out their land or properties to other users, the policy of charging market rate applies. The site of the former Central Manpower Base along Holland Road was returned by the Ministry of Defence (MINDEF) in the 1990s and was progressively rented out in separate parcels through open tender to the public. MINDEF is no longer the lessee. The site is now collectively referred to as Tanglin Village.”
“Mdm Speaker, I beg to move the amendment* standing in my name, as indicated in the Order Paper Supplement. Madam, I have given the reason earlier when I spoke about the amendment to clause 26. Page: 84 [(proc text) *The amendment reads as follows: (proc text)] [(proc text) In page 32: after line 23, to insert – (proc text)] [(proc text) "(8) Prior to the enactment of Family Justice Rules on any matter which may be dealt with under those Rules, the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act (Cap 322) may make Rules of Court for dealing with that matter." (proc text)] [(proc text) Amendment agreed to. (proc text)] [(proc text) Clause 46, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 47 to 76 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) The Schedule ordered to stand part of the Bill. (proc text)] [(proc text) Bill reported with amendments; read a Third time and passed. (proc text)] Page: 85”
“Madam, I beg to move the amendment* standing in my name, as indicated in the Order Paper Supplement. Madam, the reason for the amendment was explained earlier during the Second Reading of the Bill. [(proc text) *The amendment reads as follows: (proc text)] [(proc text) In page 24: to leave out from "the" in line 1 to the end of line 3, and insert – (proc text)] [(proc text) "following modifications: (proc text)] [(proc text) (i) except as provided in sub-paragraph (iii), any reference to a District Court or a State Court shall be read as a reference to a Youth Court; (proc text)] [(proc text) (ii) any reference to a District Judge shall be read as a reference to a judge of a Youth Court; (proc text)] [(proc text) (iii) any reference to the Registrar of the State Courts shall be read as a reference to the Registrar." (proc text)] [(proc text) Amendment agreed to. (proc text)] [(proc text) Clause 35, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 36 to 45 inclusive ordered to stand part of the Bill (proc text)] [(proc text) Clause 46 – (proc text)]”
“Mdm Speaker, I beg to move the amendment* standing in my name, as indicated in the Order Paper Supplement. The reason for the amendment was explained earlier during the Second Reading of the Bill. [(proc text) *The amendment reads as follows: (proc text)] [(proc text) In page 20: to leave out from "with" in line 9 to the end of line 11, and insert — (proc text)] [(proc text) "the following modifications: (proc text)] [(proc text) (i) except as provided in sub-paragraph (iii), any reference to a District Court or a State Court shall be read as a reference to a Family Court; (proc text)] [(proc text) (ii) any reference to a District Judge shall be read as a reference to a judge of a Family Court; (proc text)] [(proc text) (iii) any reference to the Registrar of the State Courts shall be read as a reference to the Registrar." (proc text)] [(proc text) Amendment agreed to. (proc text)] Page: 83 [(proc text) Clause 26, as amended, ordered to stand part of the Bill. (proc text)] [(proc text) Clauses 27 to 34 inclusive ordered to stand part of the Bill (proc text)] [(proc text) Clause 35 – (proc text)]”
“Where there are principles of law involved which are important for the general development of the law, I am sure the Courts will bear that in mind. We have not quite decided how they can put it out but there are a variety of ways in which the Courts put out their cases. They can do Family Law Digests, they can do Criminal Law Digests, case law has precedence. We need to develop a body, or the corpus of law which has been developed, would need to continue to be developed at the Family Court level and the High Court level. Obviously, that must continue. Precisely what details, what cases are published, whether it is published in the media, those are things I would rather not do by dicta standing Page: 82 here, because I do not know what kind of cases will come up. The person best placed is really the judge dealing with any individual case. And they must have the discretion to do what is right in their appropriate cases. [(proc text) Question put, and agreed to. (proc text)] [(proc text) Bill accordingly read a Second time and committed to a Committee of the whole House. (proc text)] [(proc text) The House immediately resolved itself into a Committee on the Bill. – [Mr K Shanmugam]. (proc text)] [(proc text) Bill considered in Committee. (proc text)] [Mdm Speaker in the Chair] [(proc text) Clauses 1 to 25 inclusive ordered to stand part of the Bill. (proc text)] [(proc text) Clause 26 – (proc text)]”
“Third, whether the public should have a better understanding of family law matters, I think it is a little tenuous, really, in support of Ms Sylvia Lim's argument that it should be public and it should be in the media so that the public could have a better understanding of family law processes. I do not think that logic quite works. I tend to take a different view. But certainly, the public should have better understanding, not just of family law areas, but of criminal law, other areas. And the Courts regularly have exhibitions and they set out in ways in which the public can easily understand the processes. And anyone who is interested in the processes would be able to go and check what the processes are.”
“Let me take those three points. First, yes, under the current Bill, the in camera proceedings apply to more proceedings beyond those that simply involves children and the justification is similar. There is a difference between public interests and what the public may be interested in. There is public interest in the fair and efficient administration of justice. When you do that, you need to look at which cases should be handled in public and which cases should be handled in private. The fact that a probate matter or some other family dispute is handled in private, I think, really does not impact on public confidence. As I have said it, it is a question of judgment. The Committee, after extensive consultations, including with family law practitioners, came to the view and we think that is the correct view. I am not saying that there cannot be another view but I have set out my view. The fact that other jurisdictions have done this, shows that it is a view that can be taken legitimately. Second, am I aware of issues faced in other jurisdictions? Whenever you have a question of judgment and you take one view as opposed to another view, there will always be a group of people who would prefer a different approach. That is what has happened in Page: 81 some of the jurisdictions. In our own view, our Courts have excellent standing. Our Courts deliver justice and we believe that the public will substantially support an approach where in family matters, the issues are dealt with in private. Unless there is public interest, which the Courts can decide, there is no reason for it to be in public.”
“" I can see the plea for discretion to be exercised but if those are the facts and discretion is exercised, then of course, a lot more people will sell their flats, take the money and not pay HDB. These subsidies are taxpayers' funds after all at the end. So, one has got to balance it. The Family Justice system is not just about the law or the legal system. It is about the various interfaces – pre-Court, post-Court – that touches the family. How we bring together the different moving parts, as Ms Jessica Tan said, will be key. I would also like to assure Assoc Prof Tan that the relevant agencies will be assessing the effectiveness of the present round of reforms in due course to see how we can improve further. We are committed to a comprehensive implementation of the Committee's recommendations and will release details of the same when we are ready. Thank you, Mdm Speaker. Page: 80”
“All that the constituent who approached Mr Faisal needed to have done is to have filed a Magistrate's complaint because the Syariah Court Order is treated as equivalent to the District Court Order for the purpose of enforcement and the District Courts would enforce it. So, the suggestion that there were no resources to do it, I am not sure that – perhaps, the constituent who spoke with Mr Faisal honestly believed it, but it is just not true. What the constituent may have understood, perhaps wrongly, is that if he had gone to the Syariah Court and said, "I want to enforce this order", the Syariah Court would have said to the constituent, "Look, we do not have the resources for it", which is true because it is not within their jurisdiction to enforce. The enforcement has to be done through the District Courts. And all the lawyers who practise Syariah Law will know this and a lot of others will know it. So, to help the constituent, what Mr Faisal can do is refer him to the appropriate authorities; it is all in the law. The other anecdote about HDB's advice to its constituent, I think Dr Maliki took that up. But again, I am not sure I understood the facts clearly. My understanding, the way Mr Faisal said it, was that the person who spoke with him had arrears owed to HDB. Now, if that is so, did he sell the flat and still have arrears owing, and then, still wanted a second subsidised flat from HDB? That happens sometimes – constituents come and see us. They have taken the subsidy, they have sold the flat, they have spent the money, they have not paid HDB and then they come back and they said, "Can you help me buy a second flat; I am married?”
“Accordingly, in response to Dr Lily Neo's question as to whether the Bill waives doctor-patient privilege and confidentiality, the Bill does not deal with that issue as it does not relate to the establishment of the Family Justice Courts. We will, however, look into Dr Neo's suggestion on making it easier for doctors to report suspected cases of child abuse while bearing in mind their professional ethical obligations. MOH and the medical professionals will have something to say about that. Aside from setting up the new Family Justice Courts, the Government is currently reviewing, with a view towards implementation, other aspects of the Committee's recommendations which fall outside the scope of this Bill. Some of these recommendations relate to areas which Members have spoken on and we will consider the suggestions put forth by Members today. Where appropriate, we will also refer suggestions, such as Assoc Prof Eugene Tan's suggestions on the reform of the Women's Charter; Dr Chia Shi-Lu and Mr Faisal Manap's suggestions on marital and parenting counselling, to the respective agencies and Ministries. On Mr Faisal Manap's anecdote of his constituent trying to enforce a Syariah Court Custody Order, I think either the constituent has given the wrong facts to Mr Faisal or he has misunderstood the facts because he said that the District Court said they cannot enforce a Page: 79 Syariah Court Order. That is quite inaccurate. And most people will know that it is inaccurate. Syariah Court Orders are treated as District Court Orders for the purpose of enforcement under section 53 of the Administration of Muslim Law Act (AMLA).”
“Some Members – Dr Chia Shi-Lu, Ms Faizah Jamal, Dr Lily Neo, Assoc Prof Eugene Tan – provided suggestions on how we may provide better support for families to resolve disputes generally, through for instance: (a) strengthening community touchpoints; (b) pre-filing consultation sessions, including end-to-end support for families; (c) the judge-led approach to adjudicating family disputes; (d) protecting the best interests of the child; and Page: 78 (e) training and accreditation of the different players in the family justice system. I thank Members for their suggestions. The general thinking underlying these suggestions – that of better protecting and supporting families – is aligned with the Government's and the Judiciary's commitment to transform the Family Justice system to achieve these objectives. At the same time, I sound a note of caution that our Government's resources are not the solution to all problems. For example, Ms Faizah Jamal's suggestion that counsellors and support be provided end-to-end. The Court has a discretion on the matter, but have a care because the process should not start taking on a life of its own. It is open, for example, for the parents to engage counsellors and they should be encouraged to do so. The Courts' focus should be on the dispute. The state is not always best placed to do these things and the Courts should be mindful of that. This Bill implements one aspect of the Committee's recommendations, namely, the establishment of the Family Justice Courts. It relates to the constitution, jurisdiction, powers and administration of these new Courts.”
“These professionals do not need to be trained in the law. Page: 77 The Committee has also recommended that the Counselling and Psychological Services of the State Courts be expanded with enhanced resources to better represent the voice of the child in Court proceedings. Ms Ellen Lee and Ms Jessica Tan spoke about the impact the Bill may have on lawyers practising family law. Ms Tan queried if, on the whole, we will be attracting the right talent to practise family law. Ms Lee asked what resources younger family law practitioners will have to equip themselves better for their new roles. The family lawyer's role will remain central to the delivery of quality and timely justice. That said, it must evolve to effectively manage legal disputes which are in reality symptoms of a family's underlying emotional, financial and other practical problems. Family lawyers must understand how to use dispute resolution mechanisms, such as counselling and mediation, to deal with the underlying family conflict, in order to reduce acrimony between the parties. Litigation really should be the last resort. Family lawyers also need to be trained on the new judge-led trial environment and less adversarial techniques. The Family Law Practitioners or FLP accreditation will, we hope, be a key to achieving this. Specialist training in both legal and non-legal aspects of family practice leading to the FLP accreditation will equip lawyers to practise family law more effectively and in a manner that is consistent with the ethos of the new family justice system. While FLP accreditation would not be compulsory, we would encourage all who practise family law to be accredited. The details of the Family Law Practitioner accreditation are being worked out and announcements will be made in due course.”
“The Courts, under this new approach, are taking on a more investigative and direct role to reduce the acrimony, shorten the proceedings and reduce a lot of the legal work that would otherwise take place and, in fact, do a fair bit of the work that the parties might otherwise engage lawyers to do. So, overall, the intention is that costs should go down, as can be seen from the Committee's approach. Ms Jessica Tan asked what positive difference the new Family Justice Courts will make for families. As I had mentioned during my earlier speech, with the new Family Justice Courts, it is hoped that family disputes will be resolved more efficiently, with less delays, reduced legal costs and, in a way, lessens the trauma and acrimony involved. Ms Ellen Lee was of the view that the Bill ought to have considered extending the conciliatory approach to disputes caused by sibling rivalry over inheritance and disputes between parents and children over assets. The Bill's conciliatory approach represents a fairly significant change in how we view and resolve family disputes. Let us see how it plays out in the context of the family dispute that happens most often, before assessing whether it can be extended to cover other areas. Ms Lee touched on family law practitioners and asked how the roles of social workers, psychologists and child experts are defined in the new Family Court system. Different players will work towards reducing acrimony between parties and where children are involved, putting the child at the forefront and protecting their best interests. To that end, the Bill allows the Court to order, where appropriate, expert assistance from social and psychological service professionals to be provided during its decision-making process to achieve these objectives.”
“Mdm Speaker, I thank Members who have risen in support of the Bill and for their suggestions on how we can better protect troubled families. I will respond to some of the questions raised by Members in the course of their speeches. Ms Sylvia Lim spoke about hearings in camera under clause 10 of the Bill. I think one approach or philosophy is that all proceedings should be open. The key question – and nobody will argue with that as a general statement – is whether there should be exceptions made in specific situations. There are other jurisdictions which have gone this way of holding it in camera. The Committee, after extensive consultations with stakeholders in this field of Page: 76 law and family disputes, felt that the full entrails of family disputes should not be laid out in public, really, to protect children. So, you have, on one hand, the general approach that by reason of publishing in the media, people would get a slightly better understanding of the family law, and against that, specific direct negative impact on a large number of children – 7,000 divorces and a number of them will have children. So, it is a question of judgment and I think there is much to commend the Committee's approach, which we accept. It is a position which the Court can, otherwise, order. The Court can say this matter should be heard in public. Second, Ms Lim also spoke about the Court's power to order costs in the proceedings for the remuneration of assessors. The parties can, first, object to the assessors being appointed and, second, the Courts only appoint assessors if necessary. The Bill gives the Court discretion as to how the costs are to be paid.”
“I will also be moving two other amendments to the Bill to clarify that provisions of the Criminal Procedure Code and the Children and Young Persons Act presently applicable to the State Courts, District Judge or the Registrar of the State Courts will also apply to the Family and Youth Courts. This corrects a drafting omission. Mdm Speaker, in conclusion, this Bill will establish a new Family Justice Act in line with the Committee for Family Justice's recommendations. This Bill does not make divorces easier. That is not our intention. What it does represent is the commitment to transform our family justice system, so that we may help troubled families resolve their disputes with as little emotional trauma and scarring as possible. We cannot always prevent marriages from breaking down or families from getting into disputes. However, what we can do is to help families resolve their issues, either by mending the relationship, or if that is not possible, by helping them move on with their lives. The Family Justice Courts will be an integral part of that process. Through simplified and streamlined processes and practices, enhanced case management and the judge-led approach, the Family Justice Courts will seek to play a central role in helping families through this area of the law. Madam, I beg to move. Question proposed.”
“They will also assess if there is still room for the dispute to be resolved amicably with additional help, for instance, through mediation or counselling. The judge-led approach will be an improvement over the existing adversarial approach towards resolving family disputes. The Committee also suggested several improvements to Court procedure and practice, including: (a) Simplifying Court forms; (b) Developing user-friendly standard forms and templates, for example for affidavits, with strict requirements on the type of content that may be included in the affidavits to ensure that only relevant evidence is adduced; (c) Consolidating and reducing the number of Court documents to be filed; (d) Limiting the number of affidavits and pages that may be filed; and (e) Reducing the number of pre-trial conferences to be held. Page: 49 These improvements can help reduce cost and expedite the resolution of family-related disputes. A new Family Justice Rules Committee, or FJ Rules Committee, will be set up by the Courts and that Committee will consider how suggestions can be implemented. The new set of Rules will be put in place sometime later this year or by early next year. Prior to their introduction, the Rules Committee constituted under the Supreme Court of Judicature Act may make Rules of Court relating to the procedure and practices of the Family Justice Courts. I would like to highlight at this juncture that I will be moving an amendment to the Bill, at its Committee stage, to make clear the ability of the Rules Committee to do so.”
“Parties spend inordinate amount of time and money preparing, ploughing through and replying to long affidavits from each other. Sometimes, there are multiple rounds of exchange of affidavits. All these translate into higher legal costs and for the children and the parties involved, unfortunately, a whole lot more stress. There is also room for the number of, and time between, pre-trial conferences to be reduced. The intention behind the new Family Justice Rules is to improve on all of these. We Page: 48 see this as a very important step, a key part of the changes that are being made. In fact, the heart of the matter is the Court proceedings and simplifying these Court proceedings is going to be essential. The Rules will simplify and streamline the processes and practices, empower the Family Justice Courts to adjudicate and resolve family disputes more holistically and without undue delay. Hopefully, that will help reduce the trauma and acrimony involved in the divorce process. To this end, we will be putting in place: (a) differentiated case management process; (b) judge-led approach to adjudicating family disputes; and (c) simplified and streamlined Court processes. The differentiated case management process will streamline case management by assigning cases to different tracks, depending on the issues involved. Urgent cases where family and child safety issues are involved may be put on an expedited track. Complex cases may require more rigorous, specialist attention and may be placed on a separate track. The judge-led approach will place the Judge at the centre of the process. Judges will lead and control the pace and direction of each case, in a manner tailored to the needs and sensitivities of each family.”
“In proceedings involving the custody or welfare of a child or involving any person, the Bill also allows the Family Justice Courts to, where necessary, appoint a registered medical practitioner or psychologist or counsellor or social worker or mental health professional to examine and assess the child or person so as to prepare expert evidence for those proceedings. Third, the Bill consolidates rules relating to the procedure and practices of the Family Justice Courts under the Family Justice Rules. The Court process can be daunting for families, particularly those who are not legally represented. Unrepresented parties often face difficulties completing and filing Court documents and following Court processes properly. And even when there are parties represented by lawyers, the inherently adversarial nature of the Court system is also not suited to resolving family disputes as it often exacerbates the acrimony involved. In addition, some of the existing procedure and practices have resulted in disputes taking much longer than necessary to resolve. Issues that are not relevant to the Court are allowed to drag out Court time unnecessarily. Generally speaking, there are two key issues to be dealt with in divorce proceedings: one, the division of matrimonial assets; two, if there are children, the issue of the marriage then relates to the custody, care and control of the children. Those are really the only two issues. The affidavits and other evidence presented before the Court should really deal directly and squarely to the determination of these issues. Unfortunately, affidavits often contain irrelevant material to the disputes or disputes at hand.”
“This includes divorce, applications for personal protection orders, adoption and guardianship cases, probate matters and matters relating to children and young persons. The Family Courts will carry out the functions currently performed by the District Courts and Magistrates' Courts in the Family and Juvenile Justice Division of the State Courts. The Youth Courts will perform functions now performed by the Juvenile Courts of the State Courts. The Family Justice Courts will be helmed by the Presiding Judge of the Family Justice Courts (PJFC), a Judge or Judicial Commissioner of the Supreme Court. This will ensure a high standard of leadership and signals the importance of the Family Justice Courts. A pool of District Judges and Magistrates will be specifically designated to hear family and juvenile related cases in the Family Courts and the Youth Courts. The Family Justice Courts will also have its own central Registry to receive, assign and manage all family and juvenile-related cases for greater efficiency. Besides Court officers to support the usual Court Page: 47 functions, there will be counsellors, social workers and psychologists to provide a full suite of services to support the operations of the Family Justice Courts. Second, the Bill gives the Family Justice Courts new powers. It empowers the Courts to order parties to undergo mediation or counselling, or to participate in a family support programme or activity as the Court may direct.”
“Its key recommendations can be summarised in three points. First, provide better support for families to resolve disputes. This is to be achieved through a robust and Page: 46 integrated network of assistance and support for families, leveraging on existing community touch points and strengthening the capabilities of our Family Service Centres. Second, create a comprehensive specialist family Court structure with enhanced Court case management policies and processes, as well as Court powers. The Court will be empowered to adjudicate and resolve family disputes more effectively so as to lessen the trauma and acrimony involved. Processes, particularly for matrimonial proceedings, will be significantly streamlined to reduce unnecessary delays and cost. And third, to protect the best interests of the child as the interests of the child should be paramount. The Government has accepted the Committee's recommendations. These will form the basis for the overarching structure of the new family justice system moving forward. This Bill implements the Committee's recommendations concerning the establishment of the Family Justice Courts. This will be a comprehensive specialist Family Court structure comprising: (a) the Family Division of the High Court; (b) the Family Courts; and (c) the Youth Courts. The objective of creating a specialist family Court structure is to centralise the administration of family-related Court proceedings and strengthen expertise in the management and resolution of family-related disputes. Let me highlight the main features of the new Family Justice Courts. First, the Family Justice Courts will hear the entire range of family and juvenile matters.”
“Mdm Speaker, this Bill concerns the constitution, jurisdiction and powers of the Family Justice Courts and the administration of justice in these Courts. I beg to move, "That the Bill be now read a Second time". It will establish a new Family Justice Court in line with the recommendations of the Committee for Family Justice and represents the Government's and the Courts' commitment to fundamentally improve the Family Justice system. I would like to stress at the outset that the Committee's recommendations are not aimed at making it easier for couples to get divorced. The grounds for which a divorce may be filed will not be changed. Couples must be married for at least three years before they can file for divorce on the ground that their marriage has broken down irretrievably. That remains untouched. Families should be saved as far as possible and disputes should be brought before the Courts only as the last resort. But if the marriage has irretrievably broken down and the family ends up in the Court system, the Court process should not worsen the anguish for the family. The Committee for Family Justice was established last year and comprises representatives from the Government, the Courts, social services and the legal fraternity. The Committee was set up in the wake of rising divorce and annulment rates. In 2013 alone, there were a total of 7,525 divorce and annulment cases. That represented a 4% increase from the 7,237 cases in 2012 and a more than fourfold increase from the numbers in the 1980s. After extensive consultations with the stakeholders of the family justice system, as well as a month-long public consultation exercise, the Committee released its recommendations on a new framework for the family justice system last month.”
“Over the next five to 10 years, we cannot rule out further refinements to our tax system and to the basis on which we draw on net investment returns for current spending. We cannot decide today precisely how this should be done. We must therefore preserve our ability to make necessary adjustments in due course, so that we can maintain Singapore's strong financial position, and our fair and progressive system of taxes and transfers. For these reasons, it remains the Government's intention not to bring Article 5(2A) of the Constitution into force until the position is clearer. Finally, the Member has also asked whether we can bring into force the entrenchment of the provisions relating to elections and fundamental liberties, in advance of the rest of Article 5(2A). The answer and the reasons why we cannot do so were explained to this House in February 2007. As the previous Minister for Law explained, the Attorney-General had advised the Government that, having regard to the provisions concerned, the Page: 21 implementation of Article 5(2A) cannot be staggered, as this would go against the intent that Article 5(2A) should operate as an integrated package.”