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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“The Ministry of Home Affairs (MHA) regularly conducts threat and risk assessments to identify potential threats and areas of vulnerability. MHA implements practicable measures arising from such assessments. It is not appropriate to set out all the measures that are put in place. Some of the measures include the following: under the Public Order Act, the Singapore Police Force (SPF) requires organisers of events that attract large crowds or are assessed to be of higher security risk, to put in place specific security measures. Depending on the nature and location of the event, concrete blocks or crash-rated barriers could be required to be deployed and the entry of vehicles restricted. Under the Infrastructure Protection Act, buildings which are assessed to be iconic or have high public footfall are required to incorporate security measures into their design and construction; or for existing buildings, when they undergo major renovation works. These measures include vehicle bollards to protect against vehicular ramming attacks and closed-circuit television to improve detection and investigation. SPF also conducts high-visibility patrols at events and areas of high footfall to deter attacks and enable swifter response. Since 2017, In-Situ Reaction Teams have been deployed at locations, such as Orchard Road and Marina Bay. Collaboration with our partners is equally important. As part of the Safety and Security Watch Group, SPF regularly engages building owners and stakeholders like the industry associations to provide advice on how to mitigate vehicular threats. Public vigilance is also extremely important. The public has a critical role in the overall security environment.”
“Depending on the facts and circumstances of the case, employers may be informed by the Police when their foreign domestic worker is undergoing investigations. The Police may also contact the employer to seek their assistance in investigations. But everyone has to understand that being investigated does not imply guilt. Following the conclusion of investigations, the Ministry of Manpower will inform the employer if the decision is to revoke the foreign domestic worker’s work permit.”
“This question was addressed in the combined reply to Question Nos 8 to 12 on 4 February 2025. [Please refer to "Assistance for Victims of Incident Involving Address Changes Via ICA System, Punishment for Perpetrators and Remedial Actions to Correct System or Process", Official Report, 4 February 2025, Vol 95, Issue 150, Oral Answers to Questions section.]”
“The Traffic Police (TP) has stepped up its enforcement since 2023, with an emphasis on accident-prone locations and jaywalking hotspots. TP also engages and educates pedestrians, especially the elderly, on good road safety habits. It also works with the Land Transport Authority to enhance road safety through changes to road design and features. Road safety is a collective responsibility. We would like to remind all road users, including pedestrians, to exercise care and follow all road traffic rules.”
“The Central Narcotics Bureau (CNB) works closely with the Health Sciences Authority (HSA), and Immigration and Checkpoints Authority (ICA) to detect the presence of controlled drugs at the checkpoints, including those concealed within e-vaporisers. ICA conducts pre-arrival risk assessment of travellers and cargoes. Those assessed to be of higher risk will be subjected to more stringent checks upon arrival. These security checks are calibrated based on the prevailing security environment and specific threat assessments. In addition, CNB and HSA also conduct regular inter-agency operations at the checkpoints to detect and deter smuggling attempts. Cases of controlled drugs concealed within e-vaporisers remain the minority of all drug seizures. CNB will continue to monitor the situation closely, as part of its zero-tolerance approach towards the trafficking or importation of controlled drugs, regardless of the manner in which the drugs are conveyed.”
“Under the Arms and Explosives Act, it is an offence to manufacture a weapon without a licence, including through three-dimensional (3D) printing. There are severe penalties under the Arms and Explosives Act, including imprisonment of up to three years and a fine of up to $10,000. Furthermore, any person who assists with producing 3D-printed weapons may also be prosecuted for abetment of offences under the Arms and Explosives Act or the Arms Offences Act. In the first half of 2025, the Ministry of Home Affairs will operationalise the Guns, Explosive and Weapons Control Act (GEWCA), which will further strengthen controls over the manufacture of weapons. Among others, GEWCA will introduce a new offence for the unauthorised possession of digital blueprints of guns or major parts of guns for 3D printing.”
“Between 1 April 2024 and 31 December 2024, 20,919 speeding violations were detected by red-light cameras with the speeding enforcement function activated.”
“The Police does not actively track the data that the Member asked for, so the data between 2015 and 2021 is not readily available. From 2022 to 2024, there were about 45 reported cases each year involving migrant domestic workers (MDWs) suspected of abusing their charges; of which about 30 cases involved a child and 10 cases involved an elderly person whom they were caring for. An MDW who abuses an elderly person or a child can be liable for an offence under the Penal Code or the Children and Young Persons Act. The maximum penalties for these offences range from two years' imprisonment to life imprisonment. In addition, the Penal Code provides for enhanced punishments for certain offences committed against victims who are substantially unable to protect themselves from abuse due to mental or physical infirmity, disability or incapacity; and minors below 14 years old. The Ministry of Manpower (MOM) has measures in place to notify MDWs about Singapore's laws. First-time MDWs and employers are guided on fostering relationships with each other through the Settling-In-Programme (SIP) and the Employers' Orientation Programme respectively. At SIP, MDWs are educated about their responsibilities and the legal consequences for committing criminal offences, including those related to causing hurt to others. MOM also engages MDWs and their employers through social media and other outreach channels to provide resources aimed at helping MDWs better manage stress, communicate well with their employers and seek help if they are not coping well.”
“There were 49 accidents involving lorries ferrying passengers in the rear deck from July 2023 to January 2024, which resulted in 168 casualties with injuries, from all parties involved in the accident, and no deaths. Out of the 168 casualties, 127 were passengers in the rear deck. None was seriously injured.”
“Youth abusers between the ages of 16 and below 21 who are assessed to have a high risk of reoffending or are repeat abusers, will undergo treatment and rehabilitation at the Drug Rehabilitation Centre (DRC). The DRC provides intensive rehabilitation tailored to the individual's rehabilitation needs. This includes psychological-based interventions targeting drug use habits, family programmes that equip them with relationship skills and vocational training to enhance employability. As part of the DRC regime, the youths may be emplaced on community-based programmes to facilitate their re-integration into the community. Depending on their risk and reintegration needs, the youths may reside at home, a day-release camp or at a halfway house. During this phase, they will be subject to supervision conditions, such as electronic monitoring, mandatory reporting, regular urine testing and counselling. Singapore Prison Service's Re-integration Officers also work closely with case managers to support the youths' re-integration needs. After their release from the DRC or CRC, the youths will be emplaced on a supervision order under CNB and will undergo regular urine or hair tests to detect and deter relapse.”
“There are differentiated pathways for the drug rehabilitation and treatment of persons aged under 21, depending on their age and risk assessment levels. Youth abusers aged below 16, or older youths who are caught for drug consumption for the first time and assessed to be of a low risk of reoffending, may be placed on the Youth Enhanced Supervision (YES) Scheme, which is managed by Social Service Agencies (SSAs) appointed by the Ministry of Social and Family Development. This scheme teaches youth abusers relapse prevention skills to help them desist from drug abuse. At the same time, they are required to undergo regular urine or hair tests conducted by the Central Narcotics Bureau (CNB). YES Scheme caseworkers also work closely with the youths’ families and key stakeholders, such as schools and community agencies, to create a supportive environment that sustains the youths' progress and rehabilitation. Youth abusers between the ages of 16 to below 21 who are assessed to have a moderate risk of reoffending will be placed in the Community Rehabilitation Centre (CRC). The CRC provides a structured living environment for them, allowing them to continue with their studies or work while undergoing rehabilitation in the community. In the CRC, youths are provided drug intervention programmes, casework and counselling services to build resilience against drug addiction and strengthen family ties. They will also undergo career counselling, life skills programmes, participate in sports activities and receive mentoring. This is to build up their social capital and support their re-integration back to the community. The CRC works with partners, like the Community Development Councils, Family Service Centres, religious organisations and other SSAs.”
“After the Traffic Police (TP) verifies the identity of the motorist involved in an offence, TP will send him a notification letter on his demerit points status and update this on the online Electronic Driver Data Information and Enquiry System. Licence holders can visit the Singapore Police Force's (SPF's) e-Services portal, under "Traffic Matters", to check the status of their demerit points, which is updated daily. Driving licence information, which includes demerit points status, is also sent daily to MyInfo, the Government's digital personal data platform. The Singpass application draws personal data from the MyInfo database on a monthly basis. However, Singpass users can also tap the refresh button in the Singpass application at any point in time to retrieve the most up-to-date personal data. Based on public feedback, TP found an error with the demerit points information displayed on the Singpass application, for motorists who accumulate 24 or more demerit points. In such cases, the Singpass application would incorrectly reflect their total demerit points as "zero". TP has been working with its vendor since December 2024 to rectify the issue and expects to resolve it by early February 2025. In the meantime, members of the public should treat the SPF e-Services portal as the authoritative source of information on demerit points.”
“Regarding the first question, the Member may refer to the Parliamentary Question for written reply which was addressed at the 5 February 2024 Parliament Sitting. [Please refer to "Bringing Forward Deadline for Installing Speed Limiters in Lorries", Official Report, 5 February 2024, Vol 95, Issue 120, Written Answers to Questions section.] The Traffic Police and Land Transport Authority do not track which lorries are used for transporting workers.”
“Singapore's laws on sexually explicit deepfake images and videos generally cover the same areas as those being introduced or considered in South Korea and the United Kingdom. Sexually explicit deepfakes generally involve images or recordings that have been altered to depict a victim. Possession of or gaining access to such material, including in the course of producing such material, is already an offence under the Penal Code, punishable with imprisonment for a term of up to two years or a fine, or both. Where the production or possession of sexually explicit deepfakes depicts minors, the Penal Code provides for penalties of up to 10 years' and five years' imprisonment respectively, with the possibility of an additional fine or caning. We will be introducing amendments to the Penal Code this year to make clear that our offences apply to sexually explicit deepfakes produced through the use of artificial intelligence.”
“Sir, I note that Mr Leong does not deny saying that 80% of Singaporeans who live in HDB flats are condemned and that his comments were racist.”
“" And Mr Leong was good enough to say, "There will be some people who will think that there is racial undertone [to his statements], yes". [Please refer to "Securing Singaporeans' Jobs and Livelihoods, and Foreign Talent Policy", Official Report, 14 September 2021, Vol 95, Issue 38, Motions section.] And I will hand out these, Sir. But the point I will make arising from his question is this. Sir, if you look at his comments, the 80% of Singaporeans who live in HDB flats are condemned and if you combine that with his racist comments – Mr Leong may not put much value in our multiracial approach; he may not put value in our ethnic integration in our housing estates, but the EIP, for example, is a key plank of our policy to ensure that people live together, are integrated and we put a lot of value in making sure our housing estates are well managed because we care for Singaporeans. And the CMIO is a key plank of those policies. I hope that clarifies, Sir. And if I can, with your leave, hand over, just for the record, the copies, and for Mr Leong to refresh his memory, through the Clerk. One for yourself, Sir, and one for Mr Leong.”
“Sir, picking up from what Mr Leong has said, I realise that the question arises from what Mr Edwin Tong has said. Perhaps we have very different perspectives from Mr Leong on CMIO and its implications, for example, on the EIP. And I think that those different perspectives are clear when, for example, you see some of the things that Mr Leong has said in the past, for example, on Housing and Development Board (HDB) living, if you look at Mr Leong's Facebook post of February 2023, and I quote, he says that "Singaporeans are not condemned to living in HDB flat[s]". Mr Leong has also made comments in this House which are racist and he has quite freely admitted to that too. So, if I can read out from the Hansard of 14 September 2021. I asked him, "Sir, through you, does Mr Leong accept that his and his party's statements on CECA having been interpreted by some of PSP members as being racist, may well be interpreted by Singaporeans as racist as well?" And since there was no answer, I had to repeat the question. I asked him again, "Some of Mr Leong's party members interpreted his statements as being racist and I quoted. One of the quotes is, 'You are targeting the Indian community and it is totally a racial undertone'. My question was, if his own party members can think like that, it is entirely possible for other Singaporeans to take a similar view." And I had to repeat it in a different way and asked again, "Mr Leong, it is commonsensical, is it not, that those PSP members will not be the only ones who think that your statements are racist? If they can think like that, your own party members, then, other Singaporeans can reasonably think that your statements are racist too. It is a simple point.”
“Sir, this has been explained a number of times. In fact, I touched on it yesterday too. So, I am not quite sure the context of Mr Leong's question. And so, perhaps through you, I can ask Mr Leong to perhaps explain the rationale or whether there is any clarification that he needs from what I have said.”
“An Institute of Policy Studies (IPS) study in 2021 found that 87%, nearly nine in 10, of Singapore residents considered race important to their identity. A 2021 CNA-IPS Survey on Race Relations also found that over 60% of Singapore residents thought that the CMIO policy helped to preserve racial harmony and should be retained. If we eliminated the framework, we may well get worse outcomes as a result. And the evidence overseas does tend to suggest this. Let us look at France. France banned the collection of race-based data since 1978. You have to ask whether that has removed the issue of race from political debate. Racial tensions remain and, in fact, France has seen a surge in race-related offences in recent years. Sir, I do not want to draw a simple, straight-line conclusion from France banning collection of race-based data to its racial situation today. But it is one point of reference amongst several such points in a multifaceted and complex issue. Our view is that the lack of race-based data prevents measuring and understanding the difficulties that different races face in different areas. And it prevents effective intervention to resolve those issues. Our model of multiculturalism, multi-racialism, with the data and framework we have, has worked quite well for us so far. But as Minister Edwin Tong said, we do keep in mind the issue, review periodically, ask ourselves about the CMIO framework, amongst other issues, and see whether it continues to be relevant. The CMIO framework has been adjusted over the years too – for example, to allow registration of double-barrelled races. But we have been cautious about moving away from the framework. It has worked well for us and has helped us to forge a more harmonious set of race relations in our society today.”
“Sir, Singapore's approach to multi-racialism has been to recognise our differences, while actively building mutual respect and fostering understanding between the different racial groups in the community. The Chinese-Malay-Indian-Others (CMIO) framework is part of this approach. Individuals can register their race based on lineage, and there are currently over 200 different races that Singaporeans are registered under. But for the purposes of policy administration, these races are categorised into four groups based on the size of the communities: Chinese, Malay, Indian and Others. So, the CMIO framework does not prescribe one's racial identity, but helps us to administer race-based policies and programmes that promote social cohesion, identify those who need help and safeguard the rights of minorities. Let me name a few examples. The Ethnic Integration Policy (EIP) draws from the CMIO framework to ensure a good mix of races in our public housing estates. Race also features in some of our political structures, such as the Group Representation Constituency (GRC) system, to ensure that minorities are represented in Parliament. To promote community building, the Government works with self-help groups to uplift low-income households and the less privileged within the various racial communities. It has also allowed the Government to monitor the outcomes of the various groups and provide more targeted interventions. These will be more difficult to do without the CMIO framework in place. It has been said by some that the CMIO framework is overly simplistic and rigid in our increasingly complex and heterogenous society. There is some truth to this but nonetheless, race remains a key identifier for many individuals.”
“We have conveyed the Member's feedback to FIDReC.”
“In general, the Executive leaves it to the Courts to decide on which judgments to publish. The Courts have decided that judgments delivered in the Small Claims Tribunals (SCT) and Employment Claims Tribunals (ECT) need not be published. The Courts' position is that they may make judgments available to any individual, whether a party or a non-party to the SCT or ECT proceedings, upon request. The Courts have explained that this approach strikes a balance between helping the public understand the law and how it is applied, ensuring that the tribunals continue to dispense justice in a timely manner and maintaining the confidential nature of some proceedings. SCT and ECT have published guides to help the public understand the types of disputes adjudicated by SCT and ECT, and to navigate Court processes. The Courts have said that there are also efforts by them to leverage on advances in technology to help the public with their claims. As mentioned previously in Parliament, the Ministry of Manpower is reviewing the publication of ECT judgments. Further, the State Courts have indicated that they are also considering the feasibility of publishing selected SCT and ECT judgments on an anonymised basis, without a prior request being made. The Financial Industry Disputes Resolution Centre (FIDReC) is an independent alternative dispute resolution centre that seeks to promote amicable and fair outcomes in disputes between consumers and financial institutions. FIDReC is neither part of the Government nor the Judiciary. We understand that FIDReC adjudication decisions are not published as its processes are confidential and conducted without prejudice. Instead, FIDReC publishes case studies and annual reports on their website that include learning points for the public.”
“The Traffic Police (TP) has been working with the driving schools to put in place measures, such as restricting suspicious logins with tell-tale signs of bots, requiring CAPTCHA authentication and suspending accounts that are found to be using bots. That said, while these measures will deter, they will not be able to entirely eliminate all such bot activity, as bots are evolving in sophistication and becoming harder to detect.”
“The Police will make an assessment, based on public interest, in deciding whether to disclose the identity of person(s) under investigation. In such cases, the Police may also facilitate media coverage of the accused person's return to the crime scene so that they can report on the developments in the case. Strict cordons are put in place, where necessary, to ensure the media as well as members of the public remain at a safe distance to avoid any interference with the investigation.”
“The passport application fee has remained unchanged at $70 since 2006. It is determined based on a cost-recovery basis, as with most other public services. This includes direct costs incurred for processing the application and producing and issuing the passport. Costs related to checkpoint and immigration clearance are not included in the passport application fee. We will continue to regularly review the various passport fees, including those for replacing lost or damaged passports.”
“As Members know, there are severe constraints on manpower in the Police and across the Home Team Departments. I have spoken about it repeatedly. Police have had to use technology to replace manpower, wherever possible. In that context, the physical processing of change of address requests at Neighbourhood Police Centres (NPCs) and Neighbourhood Police Posts (NPPs) was digitalised in October 2020. Our services at NPPs became digitalised and officers have been progressively redeployed. The Police have also ceased processing change of address requests with effect from December 2020. These can be done at the Immigration and Checkpoints Authority (ICA). Members of the public who visit an NPC or NPP with a request to change their address will be guided to go to ICA.”
“The number of cases involving the use of imitation arms, including toy guns like gel blasters, remains low in Singapore. In the past 10 years, there were two convictions involving imitation arms, for offences under the Arms Offences Act, Arms and Explosives Act, and the Penal Code. There were no injuries reported. Using imitation arms to commit robbery or extortion is a serious offence under the Arms Offences Act. The offender can be jailed for up to 10 years and be liable for caning of no fewer than three strokes.”
“There is already risk-calibrated regulation of loot boxes in online games. Under the current class licensing regime, operators are permitted to introduce loot boxes in online games if they implement safeguards to mitigate gambling inducement risks. For online games where players may pay for a chance to play, prizes from loot boxes must be designed primarily for use within the game. Operators are prohibited from offering money as prizes or from redeeming the prizes in exchange for money. Games that are free of charge pose lower gambling inducement risks. They are, therefore, subject to less stringent requirements. There are no restrictions on the types of prizes that operators may offer. However, the game must not involve any prohibited game, for example, mahjong and poker, or display any article associated with prohibited games. A player's chance to play such games, such as game tokens that players can accumulate, also cannot be transferable to other players. The Ministry of Home Affairs will continue to monitor the gambling landscape and review the regulations as necessary.”
“The Member may refer to the Ministry's response to Question No 20 for Oral Answer on the Order Paper for the Parliament Sitting on 8 January 2025. [Please refer to "Proposal for More Severe Penalties for Scams Involving Impersonation of Government Agencies", Official Report, 8 January 2025, Vol 95, Issue 149, Oral Answers to Questions section.]”
“There are 11 companies authorised by the Traffic Police to install speed limiters. This list is published on the Singapore Police Force website. They collectively have a capacity of around 2,200 installations per month. The Ministry is not considering any initiatives to pay part of the cost of installing speed limiters. This is similar to the approach taken previously, when speed limiters were required for goods vehicles with a maximum laden weight exceeding 12,000 kilogrammes. We will continue to monitor the installation progress and consider measures to encourage the early installation of speed limiters if necessary.”
“The Police do not track the data that the Member requested. Depending on the facts of the case, unauthorised access to computer material could constitute an offence under section 3 of the Computer Misuse Act. A first-time offender could be liable on conviction to a fine of up to $5,000 or to imprisonment of up to two years, or both. Enhanced penalties are imposed for repeat offenders and for situations where damage is caused. For example, where any damage is caused as a result of the offence, a person could be liable on conviction to a fine of up to $50,000 or to imprisonment of up to seven years, or both. The Ministry assesses that the existing penalties are adequate.”
“The incidence of fires involving hoarding has remained low. Between 2020 and 2024, the number of fires in each year that involved hoarding was zero, three, six, nine and five respectively. As a comparison, in each of these five years, there were about 800 to 900 Housing and Development Board (HDB) fires annually. The Hoarding Management Core Group, led by the Municipal Services Office, coordinates inter-agency efforts to resolve severe hoarding cases. The cases are assessed and prioritised based on whether there is threat to public health and safety. Where there are fire safety, public health or animal welfare risks, the Singapore Civil Defence Force (SCDF), National Environment Agency or National Parks Board will intervene with their regulatory levers. Agencies also work with community partners to engage the hoarders and their families to declutter. In particular, where there is severe cluttering obstructing emergency egress, HDB coordinates with SCDF to use SCDF's fire safety levers to improve safety within the unit, such as ensuring that there is a passageway for the occupants to leave the unit during an emergency. The Ministry of National Development, the Ministry of Social and Family Development and other key partners have also recently launched an Alliance for Action called the New Environment Action Team (NEAT). NEAT will bring together Government agencies, social service agencies, community groups and private organisations to identify hoarding cases early and provide more rounded support to hoarders and relief to their neighbours. HDB and SCDF are members of NEAT.”
“The intention is relevant to, first of all, whether an offence has, in fact, been committed. I do not know this particular work, so I do not want to comment without knowing the details. But if you frame it as his intention, in the first place, was to educate and not to bring about enmity and ill will, and if that is believed, one has got to look at the nature of the work, what a reasonable person would think, what was his own intention in doing it; and there are a range of possibilities. One is to say, yes, it is offensive, but we think that this was the reason why he did it, and maybe, we give him a warning to not do it again. Or accept in good faith that actually, this might help in the overall maintenance of racial harmony because of the nature of the work. Without knowing in detail what the artist has done, I am loathe to go further. But the intention behind section 40(6) was actually to try and add in additional defences to support people who might have made comments in a certain context, but then, in good faith, try and undo the damage. 7.16 pm”
“Yes, look, I mean, it goes back to the factors that make up the offence. We look at the issues of feelings of enmity, hatred, ill will, hostility, contempt, ridicule for any race, insult, vilify, denigrate. And then, we are seeking to give a defence in this case. Unlike some other situations, here, we are actually trying to put in a defence that if the person can show and he is not required to prove it beyond reasonable doubt, but on a balance of probabilities, that his conduct, even though the conduct would be causing these effects, he acted in good faith and he actually tried to remove whatever he had done or said. That can be taken into account in considering the totality of the situation. It is fairly straightforward. Is there any particular concern about the way it is structured?”
“Clause 46, it is about the composition of offences by the competent authority? If I got the right one.”
“Can I trouble Ms Chandradas to tell me which clause she was referring to?”
“In the context of someone talking about race, there is nothing particularly related to intelligence because it is public. The person has said what he has said and now, it is a question of assessment as to whether something ought to be done about it. And I did not see any particular issue with taking it through this route and having someone potentially review a decision that I or someone else in my position might make.”
“Sir, we spent some considerable time dealing with FICA. Members may recall that FICA would require the Government to act often on intelligence, on foreign influence. And often that information is not something that we can share with third parties. Let me give you an example. If you look at FICA foreign influence countermeasures, we talked about different aspects. But let us take something that has happened internationally. Country A gives some money to a politician in Country B. You have seen enough newspaper reports. They do it covertly and they do it for the purpose of influencing the parliamentarians, journalists and others in such situations. I think I am on record as saying that many countries do it. Let us not target just one country or another. Many countries do it. And there is record of us having been victims and there are other situations where we know that attempts have been made a number of times. Usually, it is subversive. Usually, it is covert. And usually, it is tracked through intelligence, either intelligence by ourselves or sometimes through intelligence exchange with others too. It would be a serious prejudice to national interest if we were to go out and disclose to anyone beyond a very small group of intelligence officers the nature of this information. The idea that we can have something similar to a Presidential Council, comprising 15 to 20 people who will have access to the most classified of information, which potentially destroys our sources of information, sources of intelligence, in order to counter such influence – I cannot even begin to imagine or think that we will be doing that. So, there, it has to be kept to a very small group intentionally because of national interest.”
“Sir, in the usual way, when there is a potential event which attracts clause 8, bearing in mind this is not in place yet and bearing in mind we have never had to do this under the Maintenance of Religious Harmony Act, but there would be a careful assessment made by the Ministry and obviously, the Ministry's lawyers would be involved; and almost certainly, there would be advice taken from the Government's legal officers. And then, the Minister will make a decision. But it will have to be a process that is swift and fast because of the nature of social media. But at the same time, Members will note that there are procedures for appeals and for the appeals to be dealt with. And ultimately, I have talked about the routes for challenging the Minister's decision.”
“I do not see that that adds an additional layer of substantially restricting free speech or speech on these issues, because the underlying factors that need to be satisfied are similar to what is required under sections 298 and 298A, albeit the decision is made by the Minister. I hope I have clarified.”
“If you do that in front of the Istana or if you come to Parliament and do it, or in some other restricted place like the State Courts, you are not being charged because of carrying around a watermelon motif, but because you are breaching the protected places Act. Some places are gazetted, a certain conduct is prohibited and whether or not you are carrying a watermelon motif umbrella, you will be charged if you are engaged in activities that are prohibited. But you are not being charged for breaching sections 298 or 298A. But if you engage in conduct, for example, "from the river to the sea", you can see the Police statement. Police statement was that it was potentially an offence. And I said if it was an offence then, it may be an offence now. I did not want to go beyond that because Police have issued a statement. Beyond being a Bill that consolidates provisions, there are parts which are added. In fact, there are five aspects to this Bill, one of which is the porting over. There are four other aspects, one of which is the Restraining Order under clause 8. But if you look at the provisions of clause 8, the essentials that need to be satisfied, they are similar to the requirements of sections 298, 298A, except that the decision is made by the Minister. It is an executive decision. It is not a decision by the Courts. So, that is an add-on to the underlying provisions, and the Minister has to be satisfied. And the earlier discussion with Ms Lim related to the Minister's decision whether it should be final, subject only to scrutiny by Parliament or it should be subject to the safeguards of a veto by the President, if Cabinet takes one view and the Presidential Council takes a different view. So, we have that.”
“Thank you, Sir. Let me try and explain this. Today, we have sections 298 and 298A. The process is as follows. An offence is potentially disclosed. Police investigate. AGC comes in – that is, if it is believed that an offence has been committed. You have to charge the person and you have to prove the case in Court. So, it is very binary. Either you charge or you do not charge. The Bill, in terms of the offences, clauses 39 and 40, take that approach. So, it ports over sections 298 and 298A, and I made that clear. And that responds to a number of questions Ms Poa had asked about whether something will or will not be an offence. For example, Mr Shaik Amar's words, I think, she asked if they would be an offence today. Let me be more accurate by looking at what exactly she said. There was, for example, "from the river to the sea", and I quote, "can lead to racial tensions and maybe an offence under section 298A of the Penal Code. Would individuals who use such phrases, such as "from river to sea, Palestinians will be free" online or offline, now we subject to a Restraining Order under this Bill or be prosecuted under clause 40 of the Bill?" Then, she asked about those who use umbrellas painted with watermelon: "Would individuals committing such acts be subject to a Restraining Order or prosecuted under clause 40 of the Bill?" And my point generally was that, if it was an offence previously, it is an offence now. If it was not an offence previously, it would not be an offence now. I also distinguished between, for example, you carry umbrellas with watermelon motifs or the Palestinian headgear motif, there might be a misunderstanding.”
“I thought I made that clear. The EP has no discretion under FICA. He has got to act on the advice of the Cabinet.”
“As a matter of fact, that is yes. There are a number of pieces of legislation where the EP does not have the power to veto the Minister's decision. That is so.”
“I am not sure, Sir, what the clarification is. If the Member wants to ask me about FICA, I suggest he puts in a question to that effect.”
“So, if you have too many checks and balances, nothing gets done. If you have no checks and balances, sometimes, you can go very wrong. So, we are trying to find a balance. That is the best answer I can give. Her earlier point is a clarification of what she had earlier said. I understand the point and I think I do not need to repeat myself.”
“It is a curious reversal of roles, because I am here arguing for an extra layer of check on the Government, whereas Ms Lim is saying, why are we having this additional layer because it brings the President into the fray. I do not think so. Because if you have outstanding people in the Presidential Council and they are advising the President – senior community leaders and leaders of religious groups, together in their collective wisdom, they think that the Government's Restraining Order lacks substance and they advise the President. And the President himself is elected by the people and in that sense, he has a mandate, he is accountable to the people himself while the Minister continues to be accountable in Parliament and, of course, to the judgement of the public. We take the view that if there is such a confrontation, then what it means is a group of outstanding people, the Presidential Council and a person who was directly elected by the people of Singapore, the President, takes a view which is different from the Minister. And we think that that should be given some value. I think to suggest that that should be completely ignored, they should not be given that power – I can see where Ms Lim comes from. There are people who can argue that – that it should only be the Executive. But I think the balance here comes down in favour of having this additional check and letting the Minister understand that he has to have a care in how these powers are exercised. You have power, you try and build in a framework that provides for careful and prudent exercise of that power, but all the time, also remembering that we are a small boat in an ocean and we do need power given to the Government, subject to suitable checks, to move fast and move quick.”
“Let me take the second point first. If I can summarise the point made by Ms Lim, where the EP disagrees with the Government or the Minister, he becomes the final arbiter, and such a confrontation detracts from the President's normal role. And that we have a number of places in the Constitution, situations where the President has such a role – Reserves, for example. But here, we are dealing with race and is that not a cause for concern? Let us go to some fundamentals. What are those fundamentals? The Government is being given the power to issue Restraining Orders relating to race. The Minister issues the order. In other countries – first of all, I do not know of other countries which do this sort of thing – but the usual route is having the courts to have a judicial review. The courts sitting in there, dealing with, perhaps, a highly emotive issue and the matter being made a cause célèbre. In my experience, that usually makes things much worse. We have taken a very different approach. For example, in the Maintenance of Religious Harmony Act, we deliberately went down this route – that we will have Restraining Orders and then, have the final check through a Council and a President. I do not know if the Workers' Party objected to the Maintenance of Religious Harmony Act with those provisions. In the Internal Security Act, too, we have a similar provision. If the President disagrees with the Minister, it is a matter of confrontation. It is not the most pleasant of things, but as I said, you have to design these laws with a view to build up institutions for the benefit of Singapore as a whole, predicting a time when most of us may not be around, how does it serve Singapore?”
“I have spoken about it in extenso previously, including psychology-based correctional programmes to help address their thinking patterns related to offending, correct their behaviours, help them to stay away from re-offending – and these all part of the Singapore Prison Services efforts to rehabilitate and re-integrate offenders and try and make them contributing members of society. Before I conclude, Sir, I would like to address some of the other suggestions made by Members. Ms Joan Pereira and Assoc Prof Razwana asked how we can better integrate foreigners and new citizens into Singapore society. This is a large topic and it is outside the scope of this Bill. I will just make the point that the Government agrees that this should be a priority and the point has been addressed elsewhere. Sir, racial harmony is more than an ideal. It is the very foundation upon which Singapore's success and identity are built. Singapore is an outlier when compared to other multiracial countries in the world. We are racially diverse, yet we live in harmony and in a high-density city-state. This is, as I said, not the natural state of things. It is sustained through a suite of policies, laws, programmes and, more fundamentally, by Singaporeans' shared commitment to racial harmony. This Bill reflects our collective resolve to cherish and protect this harmony, so that future generations of Singaporeans will continue to enjoy peace and progress for years to come. Mr Speaker, Sir, I seek to move. 6.46 pm”
“And the other point, because this relates to race, the CRI will not be compulsory; but failure to complete the CRI can be considered by the Public Prosecutor in exercising prosecutorial discretion whether to charge or not to charge. MHA will work closely with MCCY, OnePeople.SG and community partners on structuring, delivering and monitoring the outcomes of such programmes. An example of a CRI could be requiring the alleged offender to go and make amends with the aggrieved community that he has in some way attacked and is in breach of the provisions. Perhaps, go and volunteer with the community. And if it is properly structured, it can actually lead to better outcomes than charging such a person and imposing a fine or sending him or her to jail. It could lead to a better understanding, better appreciation. Hopefully, both sides will go away feeling better about it. But Mr David is right that the content of each programme offered would have to be customised to some extent, depending on the specifics of the case. And individuals with entrenched racist views, and there will be some, they cannot be forced to change their views or express genuine remorse. That said, I think it is good that CRI is offered. It really gives the alleged offender an opportunity to learn the mistake of his actions, his racist conduct and help soothe communal tensions and repair the disrupted ties between the communities. Mr Ng asked what programmes are available for individuals in prison for serious race-related offences, given that they may not be eligible for CRI. Well, inmates undergo various programmes.”