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 I may continue, Mdm Speaker. The experience of the amendments shows that adjustments, modifications and refinements must be put in place, be fully ironed out, before the scheme can safely be entrenched. To bring Article 5(2A) into force before that would otherwise potentially trigger a national referendum each time we needed to make a further refinement or adjustment. Our view is that we should give ourselves more time, before entrenching the provisions. In addition, in 2008, the Constitution was further amended to introduce a new Net Investment Returns framework, to improve the basis on which the Government can use the returns from investing our reserves for budgetary spending. This amendment gave us the fiscal space to meet increased spending needs, while protecting the reserves for future generations. At present, Net Investment Returns Contribution makes a substantial contribution to our Budget – about 2% of GDP, or $8 billion per year. As I have explained to this House in 2009, the Government's intention was to operate these revised spending rules for a number of years, and consider entrenching them after that if no additional major changes proved necessary. The current context is that our society is ageing quickly. Within the next 20 years or so, close to 1 million Singaporeans will reach retirement age. Over the last few years, the Government has made several major policy shifts which will significantly increase spending on infrastructure and social services, especially healthcare. Our healthcare spending alone is likely to increase three-fold, from $4 billion in 2011 to about $12 billion by 2020. To pay for this increased spending, we will need to strengthen our revenue base.”
“Mdm Speaker, the 1991 constitutional amendments that created the institution of the Elected President were unique arrangements. We made fundamental changes to the law and procedure for Government, key statutory boards and key Government companies. Given the complex and novel nature of the changes, it was not possible to anticipate all the possible consequences and operational details. The provisions have been amended, revised and fine-tuned along the way, as we gained practical experience working the safeguards. A summary of these various amendments is outlined in an Annex. Amendments were made in 1994, 1996, 1998, 2001, 2002, 2004, 2007 and 2008. Mdm Speaker, with your permission, may I ask that a copy of the Annex be distributed to Members?”
“Under this enhanced MOU, Singapore will conduct courses in Jordan in areas, such as public administration, economic development, vocational education, sustainable development and water management, for participants from AMED member countries. Similarly, for the RTCPA in Qatar, Singapore and Qatar signed an enhanced MOU in November 2013 to increase the number of courses and added new training areas covering sustainable development, quality management and public finance. We continue to consult our AMED partners on the training areas in which they are interested so as to ensure that our courses offered remain relevant to their needs.”
“The Asia-Middle East Dialogue (AMED) was proposed by Singapore in 2004 to increase interaction and dialogue between Asia and the Middle East in order to enable both regions to share experiences and leverage on each other's strengths in the political, economic and social spheres for mutual benefit. Singapore was privileged to host the inaugural AMED meeting in 2005. Since then, two more AMED meetings had been held in Egypt and Thailand in 2008 and 2010 respectively. The 4th AMED meeting will be held in the Middle East, although a date has not been fixed. Given the developments in the Middle East in recent years, AMED has understandably not been a high priority for the region. Nonetheless, the fruits of AMED's meetings continue to bear results. At the inaugural AMED meeting in Singapore, human resource development was identified as one of the common issues faced by countries. In this regard, Singapore has contributed by establishing two AMED regional training centres, namely the Regional Vocational Training Centre (RVTC) hosted at the Technical Training Institute in Marka, Jordan, as well as the Regional Training Centre for Public Administration (RTCPA) hosted by the Institute of Administrative Development (IAD) in Doha, Qatar. Singapore and Jordan jointly established the RVTC in Page: 147 2007 while the Singapore-Qatar RTCPA was launched in 2006. Since then, about 500 participants from AMED countries have benefited from the courses offered at these training centres. Recently, a Memorandum of Understanding (MOU) on Cooperation in Human Resource Development was signed between Second Minister for Foreign Affairs Grace Fu and Jordanian Foreign Minister Nasser Judeh on the sidelines of King Abdullah II's visit to Singapore in February 2014.”
“Singapore is party to a number of major human rights treaties and conventions. For example, Singapore is party to the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children in Armed Conflict, as well as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). More recently, Singapore ratified the Convention on the Rights of Persons with Disabilities in July 2013. On 19 November 2012, Singapore, together with other ASEAN Member States, affirmed our commitment to advance the promotion and protection of human rights in the region by adopting the ASEAN Human Rights Declaration. Singapore takes its treaty obligations seriously and prefers to become a party to Conventions when we are sure that we are able to comply fully with all of the obligations. Our focus is on the full and effective implementation of treaty obligations. We study international human rights instruments closely to understand the obligations that they impose on States party to them. If we accede to a treaty and yet make reservations that detract from the object and purpose of the treaty as a whole, it becomes an exercise in mere optics. That is not our approach. I should emphasise that even when Singapore is not a party to a particular treaty, it does not mean that, in practice, our policies are not already largely in compliance with the substance of its provisions.”
“For instance, while rules and processes are helpful in ASEAN's integration, we must ensure that they do not proliferate, become obsolete and hamper ASEAN's effectiveness. The High Level Task Force (HLTF) on Strengthening the ASEAN Secretariat and Reviewing the ASEAN Organs is an example of an initiative that ASEAN member states have embarked on aimed at making ASEAN more well-equipped and nimble to respond to the challenges of our evolving regional architecture. Its work would include looking into ways to improve ASEAN's institutions and processes, as well as reviewing ASEAN's conduct of external relations. The HLTF will submit its recommendations to the 15th meeting of the ASEAN Coordinating Council in November 2014.”
“Assoc Prof Eugene Tan asked for an update on (a) the ongoing review of the ASEAN Charter; and (b) the extent to which the Charter has helped make ASEAN a more effective and rules-based organisation. Assoc Prof Tan also asked whether the Charter has enabled ASEAN to recalibrate its norms, values and purpose to remain nimble, relevant and effective in various spheres of multilateral endeavours. I would first like to clarify for Assoc Prof Tan that there is currently no ongoing review of the ASEAN Charter. The ASEAN Charter came into force on 15 December 2008. It conferred legal personality onto ASEAN as an intergovernmental institution. It codified ASEAN’s norms, values and purpose; set clear targets for ASEAN; and provided a framework for accountability and compliance for ASEAN member states. These include decision-making on the basis of consultation and consensus; maintaining ASEAN centrality in the regional architecture; reliance on the peaceful settlement of disputes; and shared commitment and collective responsibility in enhancing regional peace, security and prosperity. The impetus behind the ASEAN Charter was to serve as a framework to guide ASEAN's regional integration process, strengthen the existing ASEAN institutions and improve ASEAN's decision-making mechanisms. The ASEAN Charter outlines an approach for ASEAN to work towards the realisation of an ASEAN Community by 2015. It aims to improve ASEAN's decision-making mechanisms by establishing a system of reporting lines and procedures. The Page: 131 Charter also lays out principles on ASEAN's engagements with external parties. The ASEAN Charter has been in force for five years. As ASEAN develops its Post-2015 Vision, it is vital that the ASEAN Charter continues to be relevant.”
“We will be reviewing interest rate caps, loan quantum caps and fees charged by moneylenders, to strike a balance in ensuring access to Page: 44 credit, but not on unfair terms. We will introduce a more rehabilitative regime that allows bankrupts to be discharged within clear time frames, without increasing the risk of moral hazard. This should encourage credit providers to undertake better risk assessment and borrowers to work responsibly towards clearing their debt. In parallel, we will update and unify the individual bankruptcy and corporate insolvency regimes into a single piece of legislation. MinLaw encourages the use of mediation to resolve family and community disputes as it fosters better relationships between the parties. Together with MCCY, we will develop a legal framework to better manage community disputes, including the establishment of a Community Dispute Resolution Tribunal and introduction of mandatory mediation. Page: 45”
“Working with the Intellectual Property Office of Singapore, we aim to develop Singapore into a hub for (a) IP transactions and management, (b) quality IP filings, and (c) IP dispute resolution. In line with this effort, we will undertake a broad review of Singapore's copyright regime to address new developments in technology and facilitate the growth of copyright related services. Through the Singapore Land Authority (SLA), MinLaw strives to optimise the potential of state land and state properties to help meet Singapore's social and economic objectives. Clusters of properties will be thematically developed to meet under-served sectors of the economy. Greater flexibility on tenure will be introduced as well to support innovative uses. We are also reviewing our legislative framework to facilitate the development of underground space and improve the land acquisition process to minimise the impact on affected land owners. Additionally, SLA is leading a Government effort to develop a high-resolution three-dimensional national topographic map to enhance urban planning, flood control, civil aviation control and other uses. The Legal Aid Bureau extends civil legal aid to persons of limited means to ensure that citizens with deserving cases have access to justice. We will also start providing direct assistance to defendants of limited means in criminal cases through increased funding to the Law Society's Pro Bono Services Office to run its Criminal Legal Aid Scheme. We will also encourage the legal profession to better organise its pro bono efforts. The Registries of Moneylenders and Pawnbrokers work to ensure that moneylenders and pawnbrokers are professionally run.”
“This will introduce a new pathway for mid-career individuals to join the legal profession. Separately, we will work to establish NUS and SMU as leading centres for legal education and research in Asia. We are also modernising the regulatory regime of the legal sector. There will be a streamlined disciplinary framework with common professional conduct standards for Singapore-qualified and foreign-qualified lawyers practising in Singapore. We will form the Legal Services Regulatory Authority to oversee the regulation of law practice entities. MinLaw advises Ministries on key issues to consider when translating policies into legislation. We will strengthen this advisory function and also cultivate better public Page: 43 awareness of the law to promote confidence and trust in our legal system. MinLaw will also advance Singapore's approach to the Rule of Law and contribute to discourse on international law issues. Singapore recently became a member of the Hague Conference on Private International Law, in order to help shape developments in this area. We will develop Singapore to be a hub for the provision of legal services to the region and beyond. Singapore is well-positioned to be the preferred venue for dispute resolution in Asia. Building on our success in arbitration, the Singapore International Mediation Centre and the Singapore International Commercial Court will be established to provide an entire suite of dispute resolution services. We will support the growth of Singapore law firms into regional leaders, alongside the promotion of Singapore as a base for international law firms and in-house legal counsel that provide sophisticated services to the region. All these will create more opportunities for lawyers in Singapore.”
“MinLaw advances access to justice and the rule of law in Singapore, and supports the development of our economy and society. Our vision is to build "A Trusted Legal System; A Trusted Singapore". The following are our key initiatives. We ensure that our laws remain relevant and adequate to address the challenges of modern society. In March 2014, Parliament passed a new Protection from Harassment Act to better protect people from harassment and stalking. In criminal law, we are working with MHA to rationalise offences relating to homicide and bodily hurt in the Penal Code, including the punishment for such offences, and whether and to what extent mentally disabled offenders should be dealt with differently. Thereafter, we intend to undertake a review of the Criminal Procedure Code to, among other things, develop a plea bargaining framework for early resolution of criminal cases. Together with the Courts and MSF, we are also studying how to transform the family justice eco-system. We are reviewing the family court structure and working on reforms to promote parties' access to family justice. We will focus on developing a dispute resolution system that is less adversarial, places greater emphasis on counselling and consensual outcomes, and where the child's best interests are appropriately addressed. Strong legal institutions ensure that the law is implemented objectively, consistently and transparently. We will continue to work closely with the Courts to streamline court procedures to ensure that access to justice is not out of reach for the common man. We will also look to strengthen the enforcement of civil orders and judgement. To bolster the Bar, we are establishing the UniSIM Law School to train lawyers who have a predisposition for criminal law and family practice.”
“We will continue to provide technical assistance to developing countries through the Singapore Cooperation Programme and in collaboration with other countries and International Organisations. We remain committed to helping developing countries attain the Millennium Development Goals (MDGs) and to strengthening ASEAN by building their human resources, in particular, in public administration and sustainable development. We will also play an active role in forging the UN's post-2015 Development Agenda and Sustainable Development Goals. MFA expects there to be an increasing demand for consular services and assistance in the coming years. MFA has leveraged on technology to improve our provision of consular support to overseas Singaporeans. We will continue to explore innovative means to provide Page: 34 prompt and effective consular assistance to Singaporeans in distress overseas. Going forward, Singapore will have to remain nimble, adaptable and cohesive so that we can continue to expand our diplomatic, political and economic space. MFA will work with other Ministries as part of a whole-of-Government effort to preserve and advance Singapore's external interests in a fast-changing world. Page: 35”
“We successfully applied for observership at the Pacific Alliance trade bloc, which will create more opportunities for Singapore to engage the fast-growing economies of Latin America. We will continue to enhance our engagement of the Caribbean countries, with whom we share common interests as small states and work closely on a range of issues, including climate change. As a small country, Singapore's continued survival and prosperity also depends on our ability to ensure that international norms and rules, which are constantly evolving, remain conducive to the pursuit of our national interests. We will continue to play an active role at the United Nations and its agencies to uphold fundamental rights, including the freedom of navigation and overflight and the legitimacy of international law, which are vital to Singapore's interest and survival as a small state. Singapore will continue to actively contribute to the international agenda at the UN, including on the new global agreement on climate change. We will work with APEC member economies and through the World Trade Organization to promote trade liberalisation and uphold the rules-based multilateral trading system. To better understand the opportunities and challenges posed by environmental changes in the Arctic and the opening of new shipping routes through the Arctic, Singapore successfully obtained observership in the Arctic Council. We are actively contributing to the work of the Arctic Council Working Groups, particularly in the areas of emergency preparedness and discussions on the Polar Code, to promote safe Arctic shipping.”
“Relations with other ASEAN Member States will remain a priority as we work towards stronger economic and people-to-people ties, and the strengthening of institutional linkages, including the provision of technical assistance through the Singapore Cooperation Programme. Beyond the immediate region, Singapore will build on our links with key partners, including the United States, China and Japan, whose engagement is important for continued regional stability and prosperity. We will continue enhancing our excellent relations with China and expand cooperation in areas, such as financial services, social governance and sustainable development. We will also strengthen relations with other major partners like the Republic of Korea, Australia and India with whom we share strong political and economic ties, as well as the European Union with whom we are working on the ratification of the EU-Singapore Free Trade Agreement. Page: 33 Singapore is constantly looking to expand our political and economic space, and to identify emerging opportunities and new markets, including in the Middle East, Turkey, Latin America and Africa. We have established new Missions in Oman, Turkey and Brazil as well as appointed a Non-Resident Ambassador to the African Union and Ethiopia. The entering into force of the Gulf Cooperation Council (GCC)-Singapore FTA will boost our efforts to strengthen economic ties with the Gulf states. Singapore is negotiating the Trans-Pacific Partnership Agreement, which will provide us with greater market access across TPP members and make it easier for Singaporean businesses to operate across members.”
“The international environment is becoming more challenging and complex. We are witnessing an intensification of shifts in global power, where the Asia Pacific is taking centre stage. The fluid situation brings both risks and opportunities. Although our ability to influence global developments is limited, MFA will work to ensure that Singapore remains well-positioned to manage the uncertainties and seize emerging opportunities. ASEAN will remain the cornerstone of our foreign policy. A strong and united ASEAN provides the framework for the maintenance of peace and stability and for anchoring major powers in the region, besides creating more opportunities for growth. Singapore will work actively to support ASEAN centrality and keep the regional architecture open and inclusive. Singapore will actively contribute to ASEAN's regional integration efforts towards an ASEAN Community and Regional Comprehensive Economic Partnership (RCEP) by 2015, as well as the effective implementation of the Master Plan on ASEAN Connectivity. Good relations with our immediate neighbours are essential for our security and prosperity. While there are challenges and issues that have to be managed, relations with our neighbours are stable and broad-based. Singapore will build on our bilateral relations with Malaysia, Indonesia and Brunei, and strengthen them on the basis of mutually-beneficial cooperation. Singapore and Malaysia have continued to expand our collaboration across a number of sectors. Economic cooperation, particularly in Iskandar Malaysia, is growing. To enhance our strong people-to-people ties, we are working with Indonesia to share our development experience, in areas such as health, education and the environment.”
“Section 359 of the Criminal Procedure Code allows for claims for compensation in criminal proceedings and makes it mandatory for a court convicting a person of any offence to consider whether a compensation order should be made. Thus, it has been made compulsory that in every criminal case, the court will have to consider compensation – this was done to help all victims. It is the easiest way for them to get compensation. The number of victim compensation orders that were granted by the Courts under section 359 of the Criminal Procedure Code in 2012 and 2013 can be found in the table below. Page: 119 Of the compensation orders made in 2012 and 2013, more than 70% were made in relation to cases involving hurt, mischief and theft. The remaining cases involved other offences, including cheating. In 70% of all instances where compensation orders were made, the compensation amounts were less than $2,000. In 20% of these cases, the compensation amounts were between the range of $2,000 to $10,000. The remaining 10% were above $10,000 with the highest being $63,716.”
“Since Mr Sombath Somphone's disappearance in December 2012, the Singapore Embassy in Vientiane has been in close contact Page: 118 with Mr Sombath's wife, Dr Ng Shui Meng, a Singapore Citizen resident in Vientiane, and providing her with consular assistance. Our Ambassador in Vientiane facilitated a meeting between Dr Ng and the Deputy Prime Minister and Foreign Minister of Lao People's Democratic Republic (PDR) over this issue. The Singapore Government has also consistently raised our concern to the Lao PDR government over Mr Sombath's disappearance at the highest levels, including with the Lao PDR President, Prime Minister, President of the National Assembly and Deputy Prime Minister and Minister of Foreign Affairs. We have urged the Lao PDR government to expedite their investigations and to resolve this case as quickly as possible. In all our interactions with the Lao PDR government since December 2012, they have assured us that they were taking Mr Sombath's disappearance very seriously and have maintained that they were doing all they can to investigate the case. The matter is within the purview of Lao PDR. There is little that countries outside of Lao PDR can do. Nevertheless, our Embassy in Vientiane will continue to keep in close contact with Dr Ng and seek regular updates from the Lao PDR government on the investigations into Mr Sombath's disappearance.”
“The Myanmar government has introduced significant political and economic reforms. It is also tackling longstanding challenges like national reconciliation with the ethnic minorities, and rebuilding peace and stability in Rakhine State. The rehabilitation of Rakhine State will take time, and the Myanmar government's continued willingness to cooperate with the United Nations (UN), major donor countries and other development partners to respond to the humanitarian needs in Rakhine State is a step in the right direction. Inter-communal relations in Rakhine State have a complicated history. There is no quick fix – patience, restraint and time are required to restore law and order, address humanitarian needs, and build trust among the different stakeholders and communities. At the Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Myanmar during the 25th Session of the United Nations Human Rights Council on 17 March 2014, ASEAN released a Joint Statement which, inter alia, welcomed the steps taken by the Myanmar government to address the Rohingya issue. In particular, ASEAN noted the Myanmar government’s cooperation with UN agencies and non-governmental organisations to address the humanitarian needs of the affected persons and communities in a non-discriminatory and impartial manner.”
“Assoc Prof Eugene Tan also asked why the breach of a Protection Order is not an arrestable offence. What we have done is in line with the First Schedule of the CPC for which non-Penal Code offences are generally non-arrestable if they carry a maximum penalty of less than three years' imprisonment. Whilst the offences are non-arrestable, this does not mean that the Police will not take action in such cases. It really depends on the nature of the cases and also, given that Protection Orders are orders of Court, if there is non-compliance, the Courts can also take action. Finally, Members stressed the importance of public education to shape behaviour, and to raise the public's awareness of the rights and remedies under the Bill. Some suggestions were also offered, for example, setting up a national helpline for victims. We thank Members for the suggestions. They will be considered. This is certainly an important area, as I mentioned in my earlier speech. The Government has been working, and will continue to work with the media and stakeholders, including the Voluntary Welfare Organisations, for example, AWARE, to raise general public awareness. In respect of clause 6, many public service organisations have put up service charters and posters. This is to underscore their commitment to quality service. These posters will remind customers that mutual courtesy and respect are important and the agencies will take action to protect public servants and public service workers against abuse. Mdm Speaker, I beg to move.”
“We will continue to monitor, tweak and see how we may build better on what we have. Mr Zaqy Mohamad queried if the Court's powers will extend to third parties who republish offending communications. The answer is yes. Protection Orders, expedited Protection Orders and clause 15 orders may be granted against all publishers. The Court can direct, generally, that "no person" can repeat the offending publication. The prohibition goes beyond publication of the original statement to cover republication by third parties. Victims need not go back to Court to obtain additional Court orders. That could save much time and effort. At its heart are the nature of the impugned conduct and its impact on the victims in question. In line with this, the processes, like I have said earlier, will be kept as streamlined as possible. Page: 141 Mr Zainal Sapari and Assoc Prof Eugene Tan also queried whether damages for emotional distress will be available under civil remedies provision in the Bill. The Bill does not expressly deal with this, and the intention is that we should leave it to the Courts to decide on the categories of damages which should be ordered in each case. There is no prohibition in the Bill against ordering such damages for emotional distress. So, let me make that clear. Whatever the common law allows, the Courts can order. There is no prohibition. But whether such damages ought to be awarded really depends on the facts of the case and existing principles. If the Court regards damages for emotional distress as appropriate, it can make an order. Mr David Ong asked whether compensation orders would be available for offences under the Bill. The CPC will apply to these offences as it does to any other offence.”
“Police are looking into strengthening their capabilities in cyber and technology-related crimes. But we also need to be aware of the severe limitations that the Police are under, in that, like the rest of Singapore, the Police are also struggling to find people of the appropriate quality to join the Police Force. There is a general shortage all around, and they will work within very, very severe constraints and, so, people have to understand that. Ms Jessica Tan suggested having coordinated activity amongst agencies in different jurisdictions. This is certainly something that needs to be considered. Police will have to work closely with overseas law enforcement agencies, as well as other partners, such as Internet Service Providers. We will continue to see how we can do better, but not all of these things are within our own control. It depends on others cooperating with us as well. Members like Er Dr Lee Bee Wah and Ms Jessica Tan raised the issue of anonymity in cyberspace, in particular, identifying perpetrators online. This is not unique to offences of harassment under the Bill. Law enforcement agencies face similar challenges in tackling cyber crimes and transnational crimes. The Bill does take several modest and cautious steps in addressing these challenges. It provides for rules to be made to allow victims to take out Protection Orders even though the harasser's real name is not known. That is significant. Not only does it go towards ensuring that victims' efforts at self-help would not be stymied by anonymous harassers, anonymous harassers can be identified in appropriate cases by the Police and by the Courts. Let us give the Bill some time to see how it plays out. Our focus is clear: harassment or stalking is not acceptable.”
“"Can be" obtained does not mean it will "always be" obtained because if the other side turns up and they oppose and they have valid arguments, then the Courts may well feel obliged to hear them. Sometimes, the Courts will say, "I do not need to hear. I will give the Protection Order first and then I will hear the arguments later." That can be a sensible approach. Sometimes, the Courts may say, "Let me hear both quickly." We are dealing with a situation where something can go viral in seconds and minutes and the Court processes alone may not be adequate to deal with all those situations. That is why I have said that it is not a full panacea for everything that Members have highlighted. It is because of the nature of the medium that we are dealing with. Let us put this through and see what happens. Meanwhile, the other legislation that can be looked at will be looked at to see whether we need to better buttress the approach here through other amendments. Ms Mary Liew asked how enforcement will be tightened against harassment-related offences. Mr Hri Kumar, Assoc Prof Eugene Tan, Mr Zainal Sapari, Mr Christopher de Souza and Mr David Ong asked about the circumstances when the Police will take action. Police officers – MHA has told me – will be trained on the application of this new legislation, including the assessment and investigation of cases and breaches of Protection Orders. They will not turn away a victim simply for the reason that the harasser is not identifiable prima facie. I accept Mr Hri Kumar's basic point that we need to make sure that our Police should be able to investigate into technology-related offences. Demand Page: 140 for investigations into such offences will undoubtedly grow.”
“The latter consideration is particularly important if the harasser and victim know each other and, perhaps, have to continue to have future interactions. Then, in such situations, maybe mediation is an option. If it does not work, it does not work. If you look at the remedies, we have tried to create tiered responses: mediation, criminal penalties, civil penalties, and also self-help without damages to try and deal with different situations so that we do not have to run to the criminal law in all cases. That would really rupture the relationship completely. Nor do we have to run to the civil law and claim damages all the time. We see what is possible, and mediation where it makes sense for the parties to try and move on without any of this. Several Members raised the issue of cost of obtaining relief, as well as the ease with which that can be done. We have tried to craft this Bill to make sure that the remedies are quick, easy, inexpensive and accessible to victims. For Page: 139 example, the procedural rules for obtaining Protection Orders and expedited Protection Orders are intended to be simple – a concern which Ms Ellen Lee had raised. Let me put it this way. I am not sure that you can completely remove the sight of lawyers from these things, as much as many would like that. Whatever you do, lawyers pop up everywhere – whether they are likeable or not likeable. But we will try to keep it simple and the Bill envisages subsidiary legislation. One of the things that we have in mind is to have a set of procedures which are simple, easy, effective, such that you can go and do it yourself without having to use lawyers. But the other side might get lawyers. The intention in the way that we will draft the rules is that expedited Protection Orders can be obtained.”
“In addition, multiple Protection Orders can also, of course, be sought against the various perpetrators in question and, in any event, if there is a Protection Order against one person, and if others have knowledge of it, and if they go ahead and contravene, then they are also contravening the Court order – that is quite serious. As I say all these, I do want to put in a caveat. This Bill is not a panacea for all the ills that people face. It is not going to change behaviour overnight. It will set in place some serious standards, some pretty stiff penalties, it will make people more aware. But there will be a wide variety of cases, and the Bill will cover a large number of them, but it does not immediately mean that in some of the instances that have been highlighted – everyone is overseas, somebody is doing something – whether there can be a complete and effective remedy; it depends. It is not possible to say today that we will be able to cover everything, and people should not go away thinking that everything can be covered. But it is an important first step. Let us look at it, let us see how it applies, how it works out and whether further amendments are necessary. Assoc Prof Eugene Tan sought clarification on the outcomes sought in mediation in cases of harassment and stalking. His point really is when it has come to that, why bother with mediation? I think the point is it can be ordered, may be ordered, either in itself a part of a Protection Order, or together with other directions that the Court sees necessary, such as orders prohibiting certain conduct. Mediation and counselling can also help the harasser understand the impact of his actions on the victim. We are not putting it in substitution of other orders.”
“If, supposing the offensive content does not cross the threshold set out in clauses 3 to 7, or if for some reason the victim does not wish to avail himself or herself of clauses 3 to 7 and wishes to proceed with the lesser remedy, in either of those situations, the victim can obtain a court order under clause 15 to make sure that the falsehood is set right and the true facts are brought out clearly. The idea behind clause 15, as I have earlier explained, is to let readers judge the facts for themselves, and the court is given substantial discretion under clause 15 to decide how that should be done. That is at the second level. So, it is a tiered response – clauses 3 to 7 carry a higher level of penalties; clause 15 no penalties, just correction, clarification, whatever the Court thinks is necessary to bring the truth across. So, we try to strike a balance between the competing considerations. Ms Tin Pei Ling raised a query as to whether the Bill would apply to cyber-lynching by groups of people and whether site blocking would be possible – really, site blocking is under MDA and we will pass on Ms Tin's questions and suggestions to MCI. I think the different parts, whether it is MCI or others, will have to work in sync with what we are trying to do here, so that there is a clear central message on harassment, protecting victims from harassment and, where there are falsehoods, making clear those falsehoods and bringing them to light. Assoc Prof Eugene Tan queried whether a campaign of collective harassment by two or more people can fall within clause 7. In such cases, the Page: 138 general principles of accessory liability under the criminal law would apply.”
“There are also workshops to better educate employers on these aspects. And these reinforce certain key principles, including the importance of treating complaints seriously; and taking corrective action where necessary. Protection from harassment has to be an ongoing conversation between many different stakeholders – the victims as well as the employers – and it cannot end with this Bill. Issues like codes for employers, other measures, such as legislatively requiring employers to institute policies against workplace sexual harassment, would have to be part of this conversation. And, really, the feasibility of these will have to be considered; some may be feasible, some may Page: 137 not be feasible. So, we will have to take this one step at a time. Ms Tin Pei Ling and Mr Zaqy Mohamad both touched on the removal of offensive content online and whether the Bill provides for such removal and, if so, when this would take place. I think this can be addressed at two levels. If the offensive content contravenes one or more of clauses 3 to 7, and if the requirements set out in clause 12 of the Bill are satisfied, a Protection Order may be made. As part of a Protection Order, the court can order that no person can publish or continue to publish an offending communication. This would, of course, include requiring the removal of the offending content and for there to be no further publication of that content. The Protection Order can be obtained on an expedited basis, and Expedited Protection Orders can even be obtained within the same day if the court agrees that it is urgent. Thereafter, the publication of the communication would be proscribed. That is at the first level.”
“Parents, of course, also have an important role to Page: 136 play in educating their children. This cannot be the responsibility of schools alone. We certainly take the safety of our children as a paramount consideration. MOE has an existing Code of Conduct for Educators which prohibits behaviour which may be construed or perceived as unprofessional, discriminatory or harassing, intimidating, threatening or abusive. On the clarification that Mr Pritam Singh required, MOE has guidelines to help schools develop disciplinary rules to deal with bullying amongst children. I cannot speak on behalf of MOE, but my understanding is that they will consider further refinements to existing guidelines to ensure greater synergy with the Bill and implementation by schools through disciplinary rules. MOE has also developed a "School Bullying Management Kit" for all Primary and Secondary schools. This kit contains information on what bullying is; how schools can reach out and respond to instances of bullying; and how schools can assist students who have been bullied. This kit will enable teachers and school counsellors to provide better support for victims of bullying. In the end, of course, the rules are effective only when they are effectively applied, and that is what we have to try and do. Several Members spoke about workplace harassment, including educational efforts and workplace guidelines to deal with such conduct. The Bill prohibits harassment committed at the workplace. It is broader than that, but workplace harassment is covered. MOM has been working with NTUC, the Singapore National Employers Federation (SNEF), as well as the Tripartite Alliance for Fair Employment Practices (TAFEP), to address issues of workplace harassment.”
“The new maximum penalties are, for example, in line with those under the United Kingdom's Protection from Harassment Act. These amendments are intended to better reflect the seriousness of the offences under the Bill and their growing prevalence. The higher maximum penalties will also give the Courts greater sentencing discretion. Egregious cases which significantly impact a victim can now be more appropriately punished. Bullying among children and youth was a concern of many Members who spoke. Ms Mary Liew and Ms Jessica Tan queried how the Bill would apply if the bully is a child. The Bill applies equally to adults and children alike, although its application is subject to existing laws governing conduct by juveniles and minors under the Criminal Procedure Code (CPC) and Rules of Court. For instance, if a juvenile, say, a child between seven and 16, is convicted of an offence which is punishable by fine or imprisonment or both, the CPC provides that the Court may deal with the juvenile in accordance with the Children and Young Persons Act. This allows the Court to make an order, for example, for counselling or probation, where appropriate. And our Courts have developed a fairly systematic approach to dealing with juveniles. There were suggestions that we can and should do more to protect our children against bullying and from becoming bullies themselves, especially in cyberspace. For instance, to educate students on the importance of respecting others and the seriousness of acts of harassment; to make it compulsory for schools to hold online safety talks; to train teachers to recognise and take actions against cyber bullying; having a code of conduct or anti-bullying code to create greater awareness.”
“It is really not practicable to try and prescribe beforehand the situations which should be caught by the law. We have to trust the Courts to assess based on the facts before the Courts, whether particular forms of conduct amount to unlawful stalking under the Bill. 6.00 pm We have also built in defences to the offence of unlawful stalking in clause 7. The Court would have to review in each particular case whether the alleged stalking conduct was reasonable in the circumstances, whether the claim of stalking is made out or whether the alleged victim is being unreasonable. Assoc Prof Eugene Tan queried about the scope of certificates issued by the Minister under clause 7(7). This relates to the defence concerning course of conduct done on behalf of the Government and necessary for the purposes of national security, national defence or the conduct of international relations. The Page: 135 certificates will relate to operations concerning, for example, terrorism, serious crimes. The key consideration is really what is the certificate for, rather than who it is for. Mr Zainal Sapari and Mr Pritam Singh also asked how the revised fine and imprisonment terms were determined. With the exception of section 13D, which relates to harassment of public servants, the current penalties under sections 13A to D of the MOA only carry a fine. These penalties have not been reviewed since their introduction in 1996. The Bill, therefore, increases the maximum fines for offences under clauses 3, 4 and 5. It includes imprisonment as an option for offences under clause 3, which is intentional harassment; and, clause 5, which is harassment involving threat or provocation of violence.”
“This definition has worked well for us. The term "public service workers" is defined under clause 6 of the Bill to mean persons who provide any service which is essential to the well-being of the public or the proper functioning of Singapore. It is our intention to have Page: 134 subsidiary legislation which will prescribe the classes of public service workers who will be covered. This list will include public healthcare workers and – as queried by Mr Tay – also public transport workers, amongst others. The precise classes of workers covered will have to be updated as the operating landscape of public service workers evolves over time. We will certainly consult the relevant stakeholders as the initial list is drawn up. That must include union representatives. However, there must be a framework for them being public service workers. Others will rely on various other clauses – clauses 3, 4 and so on – which also provide for people to be protected from harassment. Next, let me turn to stalking. Members called for greater clarity as to what constitutes unlawful stalking. I think Mr Singh referred to it with examples from the United Kingdom. In drafting clause 7, we have tried to strike a balance between: (1) certainty, so that people will know clearly what is criminal conduct and what is not criminal conduct; and (2) flexibility, so that the various forms of stalking will be caught. Section 7 really draws inspiration from the United Kingdom legislation. If I may refer Members to Annex E which was handed out, it shows the other countries which have passed legislation relating to stalking and you will see that it has been quite extensively dealt with. The types of acts that can be associated with stalking have to be wide ranging.”
“It must also be "just and equitable" before remedies, such as Protection Orders, can be made. Mr Patrick Tay proposed that an FAQ with a compendium of illustrations showing when offences are made out and when they are not made out. Mr Tay is concerned with clarifying more precisely the ambit of harassment, but there are just far too many situations to be exhaustively covered in an FAQ. Further, really, whether something is or is not an offence, will have to depend on the specific circumstances surrounding the conduct or the communication at hand. And it is not desirable for us today to fetter the discretion of the Courts in these matters. Mr Pritam Singh queried if the term "person" in the Bill extends to corporate entities. The term "person" is defined in the Interpretation Act, and where this Bill references to "persons", the Interpretation Act will apply. Mr Patrick Tay raised a technical issue about extraterritorial effect. He said that if a person harasses another while both were out of Singapore, whether this would be caught by clause 17 of the Bill. Depending on the offence, extraterritorial jurisdiction can be founded on the offending acts being committed in Singapore, or the harassing effect being felt in Singapore, or some other similar criteria. So, acts of harassment which occur entirely outside of Singapore, without any nexus whatsoever to Singapore, should not be caught. And this is consistent with international law principles on extraterritorial criminal jurisdiction. Mr Zainal Sapari and Mr Patrick Tay spoke on the definition of public servants and public service workers. The Bill does not seek to alter the meaning of "public servant". It follows the current and established definition of "public servant" in the Penal Code.”
“Mdm Speaker, I thank all the Members who spoke. There is overwhelming support for the Bill outside this House and unanimous support for the Bill in this House for all of its provisions. The questions raised by Members can be grouped into several common themes, which I will now address. Mr Zainal Sapari asked how we can differentiate between the expression of one's viewpoint online and the publication of anti-social comments online with malicious intent. Mr Vikram Nair has also raised similar questions. Whether or not a particular conduct amounts to harassment under the Bill depends on the factual matrix of each case. Reasonableness of conduct is a defence to all of the offences under the Bill and the Court will have to consider, inter alia: the nature of the allegedly offending act in question; the context in which those acts occurred; and the effect of those actions on the victim. These have to be considered in their totality before deciding whether an offence is made out, or whether other civil remedies should be ordered. Let us remind ourselves of the way in which the provisions are structured – these provisions are not new – they are already part of the Miscellaneous Offences Act. Our courts have, in the past, interpreted the meaning of these words. And so have Page: 133 the UK courts. So, we can rely on the body of case law. The key point is this: it is not the medium; it is whether the actions amount to harassment. We all accept that harassment should be treated as criminal conduct. And indeed, it is a crime under the Miscellaneous Offences Act. We are now making it clear that harassment is a crime – regardless of the medium – whether it is physical or online. The law was not so clear on this point previously.”
“Many say things which they would otherwise not utter in the physical world, for example, telling the mother that her baby should be euthanised. Clause 19, therefore, provides that if the identity of the publisher cannot be ascertained, rules may be made for such persons to be identified by a unique identifier, for example, an Internet location address, website, username or account, or electronic mail address. Thus, it is not necessary for victims to discover the real name of a publisher before applications for Protection Orders or Notification Orders can be made. The aim is to prevent publishers from hiding behind the cloak of anonymity. Clause 19 is drawn from the Nova Scotia's Cyber-safety Act of 2013. Second, to address the borderless and viral nature of online publications, the Court may grant Protection Orders, Expedited Protection Orders and clause 15 orders which are good against all publishers. Take the example of the harasser who uploads a nude photograph of the victim on an online forum. Let us say the victim has gone to Court and obtained Page: 77 a Protection Order requiring the harasser to remove the photograph. After the Protection Order was granted, the victim discovers that other persons, say, "Jane" and "Peter", have also re-posted her nude photograph on other online platforms. The same Protection Order will also be enough to require "Jane" and "Peter" to remove the nude photographs which they had re-posted on those other platforms as well. The victim does not have to go back to the Court to obtain another Protection Order. These orders will bind publishers, such as "Jane" and "Peter", if they are aware of the terms of the orders.”
“Thank you, Deputy Leader and Mdm Speaker. As I was saying, there are no damages, no filing of criminal complaint – a simple process, self-help, which can be applied to a range of situations, but you must prove or show that there was a false statement of fact. Clause 15, therefore, allows the subject of the falsehood to apply for a Court order that will give the court the discretion to make an order for the publication of a notification that draws attention to the falsehood and the publication of the correct facts. This will allow readers to assess the truth. It is really for the Court to decide when it will be just and equitable for the court order to be made and in what form that order should Page: 76 be made. Clause 15 is not intended to apply to mere conduits, such as Network Service Providers or search engines. However, content providers who have some degree of control over the content published on their website could be subject to a clause 15 order. Finally, I will highlight two arrangements which have been introduced to address specific challenges associated with cyberspace, which make harassment and perpetuating falsehoods easier and, in some ways, more egregious: anonymity as well as the borderless and viral nature of online publications. These apply to harassment or falsehoods arising from published communications, for example, over the Internet, under clause 12 (Protection Orders), clause 13 (Expedited Protection Orders) and clause 15 (Notification Orders). I will refer in this context to the party putting out the offending communication in clauses 12, 13 and 15 as the "publisher". First, anonymity in cyber space often emboldens one to pepper online discussions with abuse, insults, rumours, lies and untruths.”
“If you choose not to file a criminal complaint, if you choose not to make a civil claim, if you choose to, say, look, I just want to clarify or correct it in some form, and the manner of correction is left to the court, then that is all that you will get. You do not get money, you do not get to send the other person to jail. And it is a very simple —”
“Our view really is that we should not criminalise all such conduct, and that we really should keep to the definition of harassment, which already exists in the law, and simply give greater remedies. So, to be criminal, the conduct must fall under the categories listed in clauses 3 to 7. We have not changed the law, only updated it, as I have explained. Instead, if there are falsehoods, and let us say it is harassment, or it is borderline harassment; or maybe nearly harassment; or not harassment but it is a clear falsehood, then the victim has the right to ask the relevant parties that the falsehoods be corrected, maybe through publication of replies, which may set out the correct facts. Some victims of harassment may well choose that route instead of having to make a criminal complaint, as I said earlier, or launch a civil claim and claim damages. They just want the truth to be out and they do not want to escalate the matter further, and we should allow that. So, it is a lower tier of remedy rather than having to go to the criminal and civil law all the time and make claims. Of course, if the offending party or websites refuse to carry the clarification or the response, or the correction, or a notification that the true facts can be found somewhere else, or the victim's reply is not able to get the same level of visibility as the falsehood, the law should provide some recourse. Going back to public opinion, 82% of those polled by REACH felt that people should have a legal right to require that factual inaccuracies about themselves be corrected. This is the thinking behind clause 15. But there will be no claim for damages and there will be no criminal sanctions.”
“Therefore, we will try and make sure that a set of processes are put in place which will simplify applications to the Court as far as possible, even without the need for lawyers, and to have expedited processes in Courts which can give orders immediately within a matter of a day, or two days, sometimes. Victims really should not be frustrated by the process in their bid to seek redress. A severe approach will be taken towards breaches of Protection Orders and Expedited Protection Orders. The Bill criminalises such breaches, save for breaches of an order to attend counselling or mediation. Breaches of such orders will amount to offences under clause 10 and may attract a fine or imprisonment or both. Fourth, in striking the balance between legislation, criminalising the conduct and self-help, getting recourse through criminal law or claim for damages through a civil claim, we should not make those the only avenues; that is, it should not be the case that every time a person is harassed or experiences a wide range of conduct that amounts to harassment, the victim is forced to always either go and file a criminal complaint or bring a civil claim. There are many victims who will feel that as long as there is some redress, without having to claim damages, they would be satisfied because their feelings Page: 74 of alarm or distress would be settled or as long as the truth is set out. We should really give the people the ability to help themselves and try and sort out matters themselves wherever possible. Take attacks against someone involving lies, untruths, inaccuracies – 75% of those polled by REACH were of the view that such conduct should, ipso facto, be treated as harassment.”
“EPOs can be granted where the offending conduct is likely to have a "substantial adverse effect on the victim or the victim's day-to-day activities". Examples of such effect could be changing routes to work, work patterns or daily routines; if the victim is forced to change Page: 73 how he/she goes to work; or the victim is forced to put in place additional security measures in his/her home; or the victim has to move out of his or her home; or the victim is forced or withdraws from social interaction. But, of course, the Court also has to look to see whether the victim is behaving unreasonably or whether, indeed, the conduct amounts to harassment vis-a-vis a reasonable person. And this list is not exhaustive. The absence of any of the types of conduct or changes of patterns of conduct that I have outlined does not necessarily mean that an Expedited Protection Order may not be granted. It really depends on the facts in each case and the approach we have taken in the Bill is to give the discretion to the courts. That is how our laws have always worked. To help laypersons navigate the Court process without involving lawyers, it is our intention that the Protection Orders and the Expedited Protection Orders will be governed by a set of simplified Court procedures and Court forms. One of the comments that repeatedly came out from the conference and following the conference, is that going to lawyers and going to the Courts both take time and money, and often the victims will not be in a position to do so. We are very mindful of this, and this is really focusing on the man or woman in the street who is harassed and victimised.”
“They are in favour of giving the Courts powers to order that online comments be taken down if they amount to harassing conduct. The overwhelming public view is that if the harasser does not take those comments down, the Courts should be given the power to do so. The Protection Order achieves this result. Obviously, the underlying point is that the conduct must amount to harassment. And harassment is not a new concept; it already exists in our law. What this legislation does is to make it clear that harassment is harassment, regardless of the means by which it is committed, whether online or offline. And if you can prove harassment – that is, illegal conduct – then you will get a set of remedies to try and deal with the illegal conduct. If you are sending flowers repeatedly, you can be asked to stop. If you are persistently outside the girl's house, following her about, you can be told to stop. If you have uploaded a nude photograph, you can be told to take it down, and website administrators can be told to remove it and not put it up again. That is what we seek to do. The Protection Orders will be granted where clauses 3, 4, 5, 6 or 7 have been contravened, or any one of them has been contravened, and contravention is likely to continue, or the respondent is likely to commit a contravention, and it is "just and equitable" in the circumstances to do so. So, whether the orders will be made really depends on the court and the facts and circumstances of each case. In cases of urgency, the court may grant an Expedited Protection Order (EPO) under clause 13 against harassers and third parties, as the case may be. The effect of the Expedited Protection Order is similar to that of the Protection Orders, which I have explained earlier.”
“Third, victims of harassment and related anti-social behaviour under clauses 3 to 7 may apply to the Court for a Protection Order (PO) under clause 12. So, to explain to Members, this is the kind of architecture that the new law envisages. Earlier, I have said that clauses 3 to 6 exist under current law; and that clause 7 on stalking is new, but the remedies that the victim can get were very limited. Now, we are looking at Protection Orders and Expedited Protection Orders. The purpose of the Protection Order is to protect victims from further harassment. In this context, we also took reference from the 2001 Singapore Academy of Law Reform Committee's Report on Stalking. What is the effect of the Protection Order? Such an order may require harassers to, first, desist from doing that which is stated in the order: for example, stop sending the unwanted gifts or loitering outside the victim's house; second, remove harassing publications and other forms of communication, if these were the cause of the harassment: for example, to remove a nude photograph of the victim which the harasser had uploaded on an online forum without the victim's consent; third, require the harasser or the Page: 72 victim or both to attend counselling or mediation. Where the harassment arose from published communication, the Protection Order may also require third parties, for example, a publisher or website administrator, in addition to harassers, to remove the offending communication. This seeks to address the nature of online communication, especially over the Internet. These measures are in line with public sentiment. As I have stated earlier, 83% of those polled by REACH support tougher measures to deal with harassment, both online and offline.”
“There was consensus at the IPS Conference that our harassment laws should apply, even when the offender is overseas, so long as the harm is felt by the victim in Singapore. Under the Bill, offenders outside Singapore, too, cannot escape liability simply because the acts of harassment were committed overseas, as long as Page: 71 the harm is caused to the victim in Singapore. In a similar vein, offenders in Singapore who commit acts of harassment against victims who are outside of Singapore will also not be able to escape liability. Let me now turn to Part III of the Bill which deals with the self-help and civil remedies. Again, there are five aspects that I would highlight. First, clause 14 abolishes the common law tort of harassment. All actions for harassment will be covered under this new legislation. This clarifies the uncertainty arising from the two High Court decisions, AXA Insurance and Malcomson, as to whether there is, indeed, a cause of action in the common law tort of harassment in Singapore Second, clause 11 will create a statutory right to bring an action for damages against a person who has contravened any of clauses 3, 4, 5 or 7. So, quite apart from criminal sanctions, the victim can sue and claim damages against the perpetrator. Damages are, however, not recoverable where clause 6 is contravened as the harm results to the victim in his capacity as a public servant or public service worker. However, damages will still be recoverable if the same acts also contravene clauses 3, 4, 5 or 7. Such damages will be quantified by the courts in accordance with existing common law principles. We do not really need to go into that and try to codify what is long-established law.”
“Fifth, clause 6 extends the existing protection for public servants to workers who deliver services that are essential for the well-being of the general public, but who are not regarded as "public servants" under existing laws. Examples will include public healthcare workers and public transport workers. This is to better protect workers who provide essential public services against abuse. The phrase "in relation to" the execution of the public servant's or public service worker's duty is a slight departure from the original section 13D. It is intended to indicate that the offending conduct need not be committed during the performance of that duty, as long as it is committed in relation to the performance of that duty. Those are the five points I make as regards the criminal sanction and penalties. Conduct falling under the Bill may also amount to offences under other legislation, for example: (a) criminal intimidation under, for example, section 506 of the Penal Code; (b) racially or religiously charged offences under, for example, sections 298 and 298A of the Penal Code; and (c) sexual grooming under, for example, section 376E of the Penal Code. Offences under the Bill will apply to acts committed outside Singapore, under certain conditions. This is to address the ease with which acts of harassment may be pursued using electronic means, transcending territorial borders, for example, by mobile phone and over the Internet. Take stalking as an example. The offender could be overseas, the offender could commit acts of stalking against a victim and the victim is in Singapore Under clause 17, if the offender knew or had reason to believe that the victim would be in Singapore at the time the acts were committed, the Court will have jurisdiction over the matter.”
“Clause 7 criminalises a course of conduct relating to stalking and which has the effect of causing harassment, alarm or distress. It revolves around this concept of a "course of conduct". The "course of conduct" referred to in clause 7 will cover acts which may in themselves be innocuous, but which when done repeatedly or in a protracted manner, may cause victims harassment, alarm and distress. Clause 7 is drawn from the UK's Protection from Harassment Act 1997, as amended by its Protection of Freedoms Act 2012. It also takes inspiration from the Singapore Academy of Law's Law Reform Committee's 2001 "Report on Proposed Legislation to Curb Stalking". The Bill does not limit the type of acts or omissions associated with stalking. Clause 7(3) provides some examples of such acts or omissions; for example, following the victim, repeatedly sending unwanted gifts and letters and so on. Clause 7(5) further provides a list of factors to guide the Court in deciding whether a course of conduct is likely to cause harassment, alarm or distress, for example, the frequency and duration of the conduct. The lists in clauses 7(3) and 7(5) are not meant to be exhaustive or to limit the Court's discretion. It is for the Court to determine whether conduct in each case amounts to an offence under clause 7. Clause 7, as drafted, is not intended to apply to inconsiderate behaviour in the context of neighbours' disputes, for example. That will have to be dealt with through separate legislation, as announced by the Minister for MCCY. Page: 70 It also excludes legitimate courses of conduct, for example, sending of a letter of demand for money owed under a contract or actions by the Police in pursuance of their duties. Such conduct will continue to be lawful.”
“MTOs allow such offenders to undergo psychiatric treatment in lieu of other criminal penalties. This approach recognises that there are some people who are ill and it may be better to try and treat them rather than simply send them to jail. Fourth, the Bill introduces a new offence which is not found in the current legislation and, that is, unlawful stalking. Stalking can be highly disruptive to the lives of many people, often in devastating ways. I will refer to two illustrations. First example is of American singer Ms Leandra Ramm. She was terrorised by a Singaporean cyber stalker for six years. The man professed his love. He showed his love by making numerous death threats to her. The Court sentenced him to three years' imprisonment. The Court said his actions were a perverse form of "mental assault" and "emotional terrorism". The matter was an "abhorrent case of cross-border cyber stalking". The second example is of Ms Joanne Lee, a former local journalist, who received countless voicemails and numerous unwanted gifts and letters from her harasser. She eventually quit her job because of the trauma and anxiety. In Page: 69 Ms Lee's case, her harasser was eventually fined $4,000. I think we will agree that a fine is not an adequate response to the harrowing experience that Ms Lee and other victims of such persistent, unwanted attention go through. What they need is for the stalking to stop immediately and permanently. Clause 7 seeks to address the problem of stalking head on. Instead of trying to look for existing legislation which may or may not cover all forms of stalking and which, even when you find it, does not give you adequate remedies, we seek to comprehensively deal with the issue of stalking in the new proposed legislation.”
“The second of my five points is that illustrations have been introduced in clauses 3 and 4. These illustrations reiterate and signal that the Bill will cover a wide range of anti-social behaviour, such as cyberbullying, bullying of children and sexual harassment. This will be an offence, wherever it takes place, including, of course, in the workplace. Women who are sexually harassed at the workplace or outside will have a clear remedy. The difference from existing legislation under the MOA is that, Page: 68 now, it will be quite clear that online sexual harassment is also criminal conduct. Illustrations in the Bill give an idea of some of the types of behaviour which are covered. The illustrations are not intended to limit the situations which may amount to an offence under the Bill. The third of my five points is that the Bill provides the Court with a wider range of sentencing options to ensure that the sentence meted out in each case better takes into account the culpability of the offender and the harm caused to the victim. Clauses 3 to 6 update the existing penalties under sections 13A to 13D of the MOA to better reflect the gravity of the offences. Some offences will now attract an imprisonment term, where appropriate, instead of merely a fine, as under the MOA. Clause 8 further provides enhanced penalties for repeat offenders. This is not available under the present MOA. Clause 9 empowers the Court to make Community Orders where appropriate, and that is new as well. For example, take Mandatory Treatment Orders (MTOs), which is a type of community order. Offenders, who harass due to an underlying mental condition, need help to resolve the root causes of their behaviour.”
“Nearly 200 articles; and that is a non-exhaustive list. It shows the extent of public concern, shows the types of concerns, shows the range of people impacted and shows that, as I said earlier – not today but outside Parliament – that we are probably already behind the curve in dealing with this. The proposed criminal and civil measures in the Bill do precisely what we hope to do. Standards of acceptable behaviour should be the same in the physical world and in the online sphere. I will now take the House through the main features of the Bill. There are three main parts to the Bill: (a) Part II of the Bill deals with the criminal offences; (b) Part III deals with self-help and civil remedies; and (c) the remaining provisions address a range of matters governing actions and proceedings under the Bill, including the extraterritorial application of the Bill. I will first deal with the criminal sanctions. Clauses 3 to 6 re-enact and update sections 13A to 13D of the MOA respectively and, therefore, sections 13A to 13D of the MOA will be repealed once this Bill goes through. Thus, clauses 3, 4, 5 and 6, which deal with harassment, in fact, are taken from the MOA, with some minor changes. The penalties are increased quite substantively. There are five aspects to highlight. First, the Bill makes clear that harassment and related anti-social behaviour are offences, whether committed in the physical world or online; and that must be so. It must be the consequence of the conduct, not where and how that conduct was carried out, that is important. Clauses 3 to 6 are medium-neutral. They extend to words, behaviour or communication used or made by "any means", which will, obviously, include electronic means.”
“The titles of these articles: October 2013, "California Outlaws Revenge Porn"; November 13, "Man Harasses Ex Lover by Releasing Sex Clip", "Schools Keeping an Eye on Students Online", "Stalked, Terrified by Confidant", "Boss Made Sexual Advances", "Bullies on the Internet and in the Office", "Online bullies", "Cyber-bullied and Suffering in Silence", "Taunting by Primary School Pupils", "Circulating Altered Pictures is Cyber Bullies' Main Tactic", "Harassment A Rising Worry, Laws to be Tabled", "Stop Online Harassment and Cyber Bullying", "More Help for Those Facing Domestic Violence", "Holistic Measures Necessary in Fight against Cyber Bullying", "Unemployed man is Internet Stalker of American Singer who Made Death Threats", "Netizens must Unite against Trolling", "He told her ‘I'll Cut Your Face'", "What Women are Up against Online", "Mother: my son is an ordinary person – why do this to him"; "Road Bully Apologised for Behaviour after Death Threats", "10-year-old Girl Subject to Harassment", "New Programme on Cyber Bullying for Primary Schools", "Rise in Cyber Bullying a Cause for Concern", "Opposition Party Leader Kenneth Jeyaretnam Receives Email Threats against Family", "Hong Kong survey: one in three Air Stewardesses Sexually Harassed Last Year", "Charlotte Dawson's Celebrity Suicide: how Cyber Bullying also Drove South Korean stars to Suicide", "Youth Forum: scourge of Cyber Bullying", "One Phone Call, Nightmare for 14 years", "Retired Man: Harassment Act brings Hope", "Law Creeping Up on Stalkers, Spells Relief", "New Bill Could Change Ways of Behaviour", "Protection against Harassment Overdue", "Stalking Victims robbed of Her Peace of Mind", "Labour Movement welcomes Anti-Harassment Bill", "MOE, NGOs to Include New Laws against Cyber Bullying in Cyber Wellness Curriculum", "Cyber Menaces a law Unto Themselves", "Suitor who Would Not Take No for An Page: 67 Answer".”
“The High Court's recent decisions in AXA Insurance (AXA Insurance Singapore Pte Ltd v Chandran s/o Natesan [2013] 4 SLR 545) and its earlier decision in Malcomson (Malcomson Nicholas Hugh Betram and another v Mehta Naresh Kumar [2001] 3 SLR 379) cast doubt as to whether one can even Page: 66 bring a civil action for harassment in Singapore. Other forms of private action, for example, in nuisance, assault, battery and so on also have obvious limitations. Since we discussed the possibility of legislation on harassment, there has been a very significant public interest and support for such legislation. I had asked my officers to list the commentaries and articles which have discussed the issue of harassment and cyber bullying since October last year. They have prepared a non-exhaustive list which I will have circulated. These are not the actual articles, but just the list referencing the articles. There is clearly a real need to better protect victims of harassment and, indeed, I went through that list of articles which have been appearing in the media. Just in the last four and a half months or so, we have had nearly 200 articles in the media on harassment. This shows the extent of public interest, awareness and the extent to which this is a matter of public concern.”
“But these are specific – covering harassment in the context of family violence or unlicensed moneylending – rather than covering general harassing conduct. For example, the harassment of an ex-girlfriend will not be caught by the Women's Charter. The Institute of Policy Studies (IPS) organised a Conference in November last year. It was attended by legal professionals, educators, social workers and civic groups including NGOs like AWARE. It gave us a good sense of what professionals actively dealing with the issues thought. This was in addition to the survey which showed that 85% of the broad public wanted tougher legislation to deal with harassment. The many people we consulted over several rounds of consultations, both before the Conference as well as after the Conference, including victims of harassment and those who worked to help these victims, all took the same view: we need clear, strong legislation. My own initial thinking and my Ministry's thinking was to adopt an incremental approach to reforming our law on harassment by tweaking existing legislation, for example, making amendments to the MOA. At the Conference, however, we witnessed a clear and overwhelming consensus for a standalone omnibus Protection from Harassment Act. Participants, including AWARE, told us that this would send a clear signal that harassment is a social scourge that our society will not and should not tolerate. And the fact is that our existing civil remedies and self-help avenues are also limited.”
“In the United States, just last month, 11-year-old Michael Morones fell into a coma following a failed suicide attempt, after being bullied by his classmates. Why? Because he liked the cartoon titled "My Little Pony", with a predominantly young, female audience. In Canada last year, 17-year-old Rehtaeh Parsons committed suicide. This was after photographs of an alleged sexual assault against her went viral on the Internet. What can be done to better protect our society? We looked at what other jurisdictions have done or are doing. Our concerns with harassment in Singapore are reflective of those in other countries, across cultures, both east and west, both developed and developing. Many of these countries have responded with strict legislation to combat harassment. The United Kingdom, Page: 65 New Zealand, South Africa have standalone harassment legislation. In 2012, the United Kingdom introduced a specific offence of stalking to strengthen its laws. Last year, Nova Scotia enacted the Cyber-Safety Act in response to Rehtaeh Parson's tragic death, which I referred to earlier. Last month, Italian lawmakers called for laws against cyberbullying after a 14-year-old girl jumped to her death because of abuse on a social networking site. In Singapore, we have been getting consistent feedback that our laws are inadequate. The Miscellaneous Offences (Public Order and Nuisance) Act (MOA) makes harassment a criminal offence. However, the way the law has been interpreted by the Courts, it is not clear if it would apply to harassment online. We also have other legislation, for example, the Women's Charter and the Moneylenders Act.”