S Jayakumar
Singapore
“It is well and good for countries to announce various targets and emissions. But one vexing issue ultimately is: what will be the method for verifying compliance with each country's announced measures? Another vexing issue, of course, is the issue of financing.”
“I would appreciate it if she were to give me some specifics of the negative feedback. But the general feedback I have had about our judiciary, both of the Supreme Court and the Subordinate Courts, has been nothing but positive.”
“Mr Speaker, Sir, the information that I have is that there is always medical advice present when caning is administered and that if the medical opinion is that caning cannot proceed beyond a certain point, that medical opinion will be observed and the caning will not proceed.”
“Mr Liang Eng Hwa asked the Minister for Transport in view of the recent announcement to make immediate improvements to the public transport system (a) whether the Ministry has set a timeline for the increase in frequency of feeder bus services; and (b) whether the Ministry can immediately target such services that are currently running at…”
“SCDF will continue to work with HDB and other relevant agencies to ensure that such older buildings with one exit staircase meet the prevailing fire safety requirements when they undergo major renovation or upgrading works. CIVIL SERVICE PENSIONERS 3.”
“The Parliamentary Secretary to the Minister for Community Development, Youth and Sports (Mr Teo Ser Luck) (for the Minister for Community Development, Youth and Sports): Mr Speaker, Sir, with your permission, I would like to take Mrs Jessie Phua's and Dr Lim Wee Kiak's questions together as they both relate to the same issues.”
The complete record
Every one of 3,291 lines we hold for S Jayakumar, in date order, each linked to its source. Free to read, in full, without an account. Page 26 of 66.
“Sir, let me say that the keyword in "Alternative Dispute Resolution" is "alternative". Alternative to what? It is alternative to the established or common method of dispute resolution in the legal system which is adversarial recourse to the courts. The courts will always have a place in our legal system. But the Government believes, like Dr Arthur Beng, that we should explore and encourage more use of ADR because it is less costly for the people having disputes. It is less contentious and simpler because it focuses on mediation and conciliation. We will work together with the AG's Chambers, the courts and other agencies to encourage greater use of ADR. But the Government's role must be that of facilitator. Just as we cannot compel two parties to settle their dispute peacefully or amicably, we cannot compel them to go to ADR. But we can encourage it. It is in our interest to encourage it not only to save cost but also to reduce the burden on the court's time. It will also prevent us from taking the road down to a very litigious society. The courts have already taken steps, particularly in the CDR (Court Dispute Resolution) which has been given publicity. I believe the Family Court system, with its restructuring, will also focus heavily on mediation and conciliation. The Singapore International Arbitration Centre is uniquely placed because it is also concerned with domestic arbitration and conciliation. We will work with the SIAC to see how it can work with other agencies, including the agencies that Dr Arthur Beng mentioned.”
“Besides Japan, our other TCTP partners are Germany, United Kingdom, South Korea, the Commonwealth Secretariat, the United Nations Development Programme and the Asian Development Bank. Programmes in environmental management, communications and transport, health, management of public enterprises and export market development have been included under these TCTPs. Singapore also provides ODA through our training awards to ASEAN countries, member countries of the Colombo Plan as well as through the Indochina Assistance Fund (ICAF) and Myanmar Technical Assistance Fund (MTAF). The US$10 million Indochina Assistance Fund enables Singapore to assist in the rehabilitation and reconstruction of Indochina. The US$3 million Myanmar Technical Assistance Fund is aimed at helping Myanmar open up its economy and develop through technical manpower training. The ICAF and MTAF focus on upgrading the skills of the people in recipient countries through the provision of training programmes and consultancy expertise. Assistance has been also extended to a number of countries in Africa. (d) What percentage of the GDP goes towards ODA? About 0.02% of our GDP goes towards ODA. BREAKDOWN OF PRISONS AND PRISONERS 2. Dr Kanwaljit Soin asked the Minister for Home Affairs if he will (i) give the occupancy rates of the different prisons; (ii) outline the policy which decides the allocation of prisoners to the different prisons; and (iii) inform the House the percentage of prisoners who are illegal immigrants.”
“(a) Update of the work of the Japan-Singapore Partnership Programme The Japan-Singapore Partnership Programme (JSPP) is a partnership between Japan and Singapore to help other countries. It was announced during Prime Minister Goh Chok Tong's visit to Japan in May 1993. The main component of the JSPP is the Third Country Training Programme (TCTP), which Singapore and Japan co-sponsor for the benefit of developing countries for training in Singapore. Under the JSPP, the number of courses for the TCTP will increase from nine in this financial year to a total of 12 courses in FY 1997. The TCTP provides developing countries with training in areas where Singapore has acquired some expertise, particularly fields where Singapore has benefitted from ODA and technology transfer from Japan. These fields of training include airport and port management, information technology, productivity improvement and food packaging technology. In this financial year, more than 140 participants from developing countries in the Asia-Pacific region will receive training under this programme. We are also exploring with Japan the possibility of the joint despatch of volunteers to other countries under the JSPP. (b) What percentage of the Gross Domestic Product goes to the programme annually? In FY 1994, Singapore's share of the nine courses we co-sponsor under the TCTP with Japan will amount to around $760,000 or about 0.0008% of our GDP. (c) What other Overseas Development Assistance (ODA) programmes does Singapore participate in? Singapore has also teamed up with other donor partners to provide TCTPs to developing countries.”
“As TRIPS will come into force for Singapore some five years after ratification, we are really talking about the year 2000. In the interim, we intend to review our legislation on all the areas that I have mentioned as well as to learn from other countries their experiences in implementing TRIPS into their national legislation. For the time being, we feel that we should proceed with this legislation on patents which, if I may add, has been long awaited by the industry and should not be delayed further. Sir, I beg to move. Question put, and agreed to. Bill accordingly read a Third time and passed.”
“Outdated legislation, of course, impedes economic growth. This is especially so as our economy is becoming increasingly service-oriented, where the creation, transmission and processing of information, especially in the field of R&D and product development, is assuming greater importance. Modern patents legislation would also attract investments, particularly in the field of industrial science and technology. I believe, Sir, that the Bill, as amended and improved by the Select Committee, will meet our objective of promoting Singapore as a regional and international centre for research and development. I do not intend to deal with the details of provisions recommended by the Select Committee, as they are well set out in the Report. Sir, several representors made suggestions relating to the recently-concluded Trade Related Intellectual Property Rights (TRIPS) Agreement, which will become effective in the year 2000. Although we have not accepted these proposals for the time being, as I explained and as set out in the Report, this does not mean that their views have no merit. The Select Committee felt that the TRIPS Agreement had impact, not just on Patents legislation, but in other areas as well. To review this Patents Bill for compliance with TRIPS at this stage may be premature. Therefore, the Committee felt that it was better to review them later. Like other countries, Singapore intends to abide by the provisions of TRIPS. But we must understand that the TRIPS Agreement is quite an enormous undertaking involving not only patents but other areas like copyrights, trade marks, designs, integrated circuits and so on. Therefore, we will examine TRIPS to see how it impacts all these other various laws in Singapore.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Third time." Sir, the Select Committee on this Bill received eight written representations from concerned private individuals as well as public organisations and the Law Society. Four representors presented oral evidence. The process was beneficial as it threw up several useful suggestions, most of which have been accepted. The Report of the Select Committee was presented to this House on 22nd August 1994. The Bill is set out in Appendix I of the Report and also incorporates the amendments made by the Select Committee. The reasons for the amendments are set out in Appendix V of the Report. Let me say that most of the changes are quite technical in nature. From the proceedings of the Select Committee, it is clear that the Bill was generally welcomed by entrepreneurs, investors and those engaged in R&D and product development in Singapore. However, they wanted to clarify the ambit and content of certain provisions to make clear its scope and intended effect. Most of the issues dealt with concerned technical and procedural matters relating to the application process leading to the grant of a patent. Other representations dealt with some issues of policy which fell outside the terms of reference of the Select Committee. The Committee's approach was to maintain a balanced patent protection scheme. In other words, to provide adequate protection and returns to patentable inventions and, at the same time, give due recognition to consumer and industry interests in having wider access to inventive products and services. The Select Committee took into account the fast-changing technology and the need for a patents regime which is responsive to technological change.”
“Under the Trade Marks Act, non-proprietary wordings cannot be registered as trade marks. Non-proprietary wordings include the following : (a) Non-proprietary drug names issued by the World Health Organisation. (b) Generic words which appear in a trade mark. The applicant will have exclusive rights to the use of these particular words. (c) Non-trade mark matters, for example, indications as to the price of the goods, nett weights, ingredients. INVESTMENT OF OFFICIAL RESERVES 2. Dr Kanwaljit Soin asked the Minister for Finance (a) which institutions control and invest the official reserves of Singapore and in what proportion and (b) which institutions are the star performers.”
“Should the onus be on the individual who has become indebted to demonstrate that he has taken sufficient steps to arrange his financial affairs in such a way that will enable him to discharge his debts? Or should the burden be, as it appears to be in the United Kingdom, on the Official Assignee who has to make an appearance in court to object to a discharge? We think that, in terms of principle, it is important that the onus must still be on the individual to discharge this burden, of meeting his debts and to arrange his financial affairs and his proposals for meeting his debts. It should not be the other way round where there is automatic discharge and where it is for the authority to enter an appearance and object. I have taken note of his two useful comments on what I would really consider the details of the provisions. He mentioned that he has three points, but perhaps he could let me know the third idea that he has. One is on the need for the Bill to deal with sophisticated frauds and the second is that if an interim receiver is appointed, we should also look into the need for such an interim receiver to manage the estate or property. I think it is a useful point which can be taken up in the Select Committee. If he and other Members have other suggestions, I will be very happy to receive them. Question put, and agreed to. Bill accordingly read a Second time. Resolved, That the Bill be committed to a Select Committee consisting of Mr Speaker as Chairman and such Members as the Committee of Selection may nominate. - [Prof. Jayakumar]. COPYRIGHT (AMENDMENT) BILL Order for Second Reading read.”
“Let me assure him that we have taken some time because we have to make sure, as best as we can, that where we adapt provisions from other countries they are suited for our own circumstances and our own society. He will note, for example, that we have not adopted the automatic discharge provisions, a point which Mr Davinder Singh seems to disagree with us on this Bill. I have taken note of what Mr Davinder Singh has mentioned. He has raised a point of some detail but also a specific point of principle. I would say that the approach which he has commended was one of the options open to us to follow, namely the English approach. After examining the actual experience in England and elsewhere which have the automatic approach, we decided to be more cautious. We decided that, for our circumstances, it may not be suitable or wise to adopt the automatic discharge. In England there is automatic discharge after three years regardless of the amounts owing. We decided that the approach in this new Bill must not be based on automatic discharge, but there will be a discharge after a period of five years and if the debts do not exceed $100,000. One can have a debate whether it should be $100,000, $150,000 or $200,000. There may be some arbitrariness in the figure of $100,000, but that represents about 60% of bankruptcy cases in Singapore, which is quite a large number. Does it over-burden the courts? I would have to look into this, but I think the present approach in the Bill is far better than the existing regime in the present Act where it is really very difficult, if not almost impossible, to get a discharge. When weighing automatic discharge as opposed to the approach in the new Bill, one comes to the fundamental question on whom should the onus be?”
“Mr Speaker, Sir, I thank the three speakers who have spoken. Dr Tan Cheng Bock raised the question of the problems of people who became indebted for "innocent reasons", if I can use that phrase, where there is no intention to cheat and so on. He hoped that they will be dealt with more sympathetically. Of course, the reasons why people may end up in indebtedness can be very varied, including the situations that he mentioned. The fundamental principle, which this Bill does not disturb, is that people who owe others monies must discharge their debts. That principle is not affected. So whether one is innocent or found himself indebted due to cheating or dishonest means, both categories are still bound by that principle. As I have mentioned, this Bill seeks to distinguish between different categories of situations and a more pragmatic and sympathetic approach will be taken for those who were not dishonest, were not cheating, and so on. So I hope that takes care of his point. Then he mentioned the problems of those bankrupts who have difficulty travelling and getting a passport. Let me assure him that it is not the intention of the Official Assignee to prevent every bankrupt from travelling. But I am sure he and other Members know of such a thing as "millionaire bankrupts". We have complaints from many financial houses and businessmen that they have travelled abroad and they found individuals travelling in first- class who were supposed to be bankrupts and were unable to meet the amounts which were due to the creditors. Others who have travelled elsewhere have found that bankrupts were wining and dining. When the Official Assignee has evidence of this, I think he is entitled to put his foot down. Dr Arthur Beng comments about our reliance on provisions in other countries.”
“However, since this Bill also introduces a significantly different bankruptcy regime and many of its provisions are technical in nature, I intend to submit it to a Select Committee so that all interested parties can submit their views. Sir, I beg to move. Question proposed.”
“Sir, bankruptcy proceedings, bankruptcy administration and discharge from bankruptcy will be streamlined and simplified. This will result in greater efficiency and lower costs. For example, the single ground of inability to pay will replace the outmoded concept of acts of bankruptcy on which proceedings are based. Furthermore, a new 2-tier court process consisting of bankruptcy petition and bankruptcy order will replace the present 4-tier process of notice, petition and two court orders. These innovations have also been adopted by the United Kingdom. Sir, this Bill deals mainly with substantive matters of policy and principle. There are many procedural matters, such as, meetings of creditors, proving of debts, appropriations of salaries and prescribing of fees payable, all of which will be dealt with through subsidiary legislation. There will be two Schedules to the Bill. The First Schedule covers Transitional Provisions and Savings which, inter alia, determines the status of bankrupts under the present Act when repealed and uncompleted bankruptcy proceedings under the present Act. The Second Schedule deals with consequential amendments to a number of related legislation which will be affected by this Bill. Sir, as I said, this Bill is a major piece of law reform. As such, in drafting it, relevant Government Departments and Ministries were consulted. Consultations were also held with representatives of the Law Society, the Law Faculty in the NUS and the Institute of Certified Public Accountants, all of whom have expressed support for the major provisions of this Bill.”
“Petitioning creditors can apply to a court for a trustee in bankruptcy to be appointed to administer the bankrupt's estate instead of the Official Assignee. A trustee may be appointed when there are sufficient assets in the bankrupt's estate and will be subject to the control of the Official Assignee. A creditors' committee consisting of not more than three persons may be constituted to advise the Official Assignee or the trustee in bankruptcy on matters relating to the administration of the bankrupts' estates. The fifth feature is to maximise the amount available in the bankrupt's estate for distribution amongst his creditors. Sir, difficulties in the recovery of assets disposed of by bankrupts in favour of related or associated persons will be removed. Transactions, such as, disposals by way of gifts, other voluntary dispositions with intent to defraud, unfair preferences and extortionate credit transactions will be closely monitored. I should add that an Insolvency Assistance Fund will be established. It will be financed by unclaimed moneys in the Bankruptcy Estates Account administered by the Official Assignee. These are moneys not claimed by creditors and discharged bankrupts for more than seven years which are presently paid into the Consolidated Fund. The moneys in the Fund will be tapped to finance proceedings on behalf of a bankrupt's estate if the Official Assignee is satisfied that there are reasonable grounds for doing so but there are insufficient moneys in the bankrupt's estate for such a purpose. The recovery of moneys owed to a bankrupt by third parties in proceedings financed by these moneys will benefit both the bankrupt and his creditors. Sixthly, Sir, the Bill streamlines and updates cumbersome, complex and archaic bankruptcy procedures.”
“In deciding whether to issue a certificate, the Official Assignee will be guided by a number of factors, including the circumstances in which the debt was incurred, the bankrupt's conduct and the extent of cooperation given to the Official Assignee. To facilitate easier discharges by the court in other cases, for example, beyond $100,000, the requirements for an application to the court have also been simplified and subject to certain safeguards. The existing scheme and procedures for the settlement of debts through a scheme of arrangement or composition offer have been rationalised and improved. Hence, it will result in creditors recovering their moneys more quickly and will also expedite discharges. The third feature is to enhance the Official Assignee's powers to enforce the bankrupt's essential legal obligations. Bankrupts who fail to perform their essential legal obligations will be taken to court. Currently, a bankrupt who fails to fulfil his legal obligations, such as, filing a six-monthly return of income and expenditure, or leaving the country without the Official Assignee's permission, is only liable to committal proceedings for contempt of court. This is a costly and circuitous process which also impedes the administration of the estate. The Bill will subject recalcitrant bankrupts to prosecution. Also, the Official Assignee will be empowered, if he thinks fit, to detain the passport, or other travel document of a bankrupt, or to request the Controller of Immigration to do so when a bankrupt attempts to leave the country without the Official Assignee's prior approval. The fourth feature is to encourage unsecured creditors to assume a more active role in bankruptcy proceedings.”
“The present procedures are outdated and also too technical. They contribute to substantial delay in the administration of estates. These then are some of the problems. Let me now highlight the main reforms contained in the Bill. Firstly, to reduce the instances where parties resort to bankruptcy proceedings and encourage, wherever possible, the settlement of debts. The present minimum debt for filing of a bankruptcy petition which was fixed in 1955 as $500 will be increased to $2,000, or in future, such other amount as may be prescribed. The Bill introduces a voluntary arrangement scheme under which a nominee can be appointed under an interim order. Under the scheme, an insolvent debtor and his creditors can enter into a voluntary arrangement for the discharge of his debts. This scheme, which is modified from the equivalent United Kingdom insolvency legislation, hopefully will encourage debtors to settle their debts early so as to avoid bankruptcy. Its flexibility, as well as its lower costs as compared with bankruptcy administration, I think, will be attractive to both debtors and creditors. The second main feature of this Bill is to encourage entrepreneurship where bankrupts who have become so through misfortune rather than malpractice will be subjected to a more practical and pragmatic regime of bankruptcy. A major innovation is the provision for a discharge by certificate of the Official Assignee. Under this scheme, where proven debts do not exceed $100,000, a debtor can be discharged from bankruptcy after five years. However, unlike the position in the United Kingdom and Australia, there will not be any automatic discharge.”
“Let me state, at the outset, that I intend to refer this Bill to a Select Committee because it is a fairly technical Bill so that interested parties can give their views on the details of the provisions. Let me, Sir, highlight, first, the main weaknesses of the present legislation which the Bill seeks to address. Firstly, the difficulty in obtaining a discharge from bankruptcy. It is now not possible for a bankrupt to be discharged unless he settles his debts in full or proposes a scheme of arrangement or composition which is acceptable to the creditors. Many creditors are also not prepared to accept realistic proposals for settlements. In short, there is very little incentive for the bankrupts to actively seek a discharge by disclosing their assets and cooperate with the Official Assignee in the administration of their estates. Secondly, the difficulty in monitoring the large number of bankrupts. This difficulty, which I mentioned, in obtaining a discharge has led to an increasing number of undischarged bankrupts over the years. Since 1984, the number of undischarged bankrupts increased more than three-fold from 4,297 to 13,733 at the end of last year. As a result, it is extremely difficult to monitor the bankrupts' conduct and to recover assets. Thirdly, the limited powers of the Official Assignee. What I have mentioned just now has severely hampered the Official Assignee in supervising the affairs of bankrupts. For example, the Official Assignee cannot adequately inquire into the bankrupt's affairs or conduct. Also, the bankrupt's movements outside Singapore cannot be effectively checked and action cannot be instituted for breach of his essential legal obligations. Fourthly, there is a problem of present procedures being very cumbersome and complex.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Sir, this Bill is to reform the law on bankruptcy in Singapore. It repeals the present Bankruptcy Act (Chapter 20 of the 1985 Revised Edition) which was enacted in 1888 and had remained substantially unamended all these years. The Act needs to be reformed in order to keep pace with social and economic developments in Singapore. Therefore, in the Addendum to the President's Address to this House in January this year, I stated that my Ministry would, and I quote, "introduce legislation to improve administration of the affairs of bankrupts and protect creditors' interests without stifling entrepreneurship. We will strike a balance between the interest of the debtor, the creditor and society. There will be greater accountability of bankrupts in the administration of their estates on the one hand, and speedier discharges of bankrupts on the other." This Bill is the result of a fairly exhaustive review of the current position. In 1989, when asked in this House if Government would review our insolvency laws in view of developments in England, I replied that we would undertake such a review but also cautioned that it would take some time because of the complexity of this area of the law. We have decided that no change, for the time being, be made in this exercise to our corporate insolvency legislation which seems to have worked fairly well. The reform in this Bill is, therefore, limited to the personal insolvency legislation, that is, our bankruptcy laws. In this regard, we studied the reforms in other jurisdictions, such as, the United Kingdom, Canada, Australia and Malaysia.”
“Singapore is a party to five International Agreements or Conventions on the Status of Women and 20 International Agreements and Conventions on Workers with Family Responsibilities. An inter-Ministry working group is examining various international conventions which Singapore can accede to. It is studying the legal problems associated with acceding to these Conventions, eg, the need to enact new legislation in order for Singapore to be in compliance with these Conventions. At Annex I(A) (Cols. 219 - 220) is a list of International Agreements and Conventions on the Status of Women. At Annex I(B) (Cols. 221 - 222) is a list of International Agreements and Conventions on Workers with Family Responsibilities. Annex I(A) & I(B) - INTERNATIONAL AGREEMENTS/CONVENTIONS ON THE STATUS OF WOMEN,INTERNATIONAL AGREEMENTS/CONVENTIONS ON WORKERS WITH FAMILY RESPONSIBILITIES (Cols. 219 - 222) HOUSING LOANS 4. Mr Chia Shi Teck asked the Minister for Finance if he will provide the following statistics to show the trend of housing loans from 1989 to 1993: (i) the number of housing loans taken from financial institutions each year; (ii) the number of loans (a) below $100,000; (b) $101,000 to $250,000; (c) $251,000 to $500,000; (d) $501,000 to $750,000; (e) $751,000 to $1m; and (f) above $1m; and (iii) the number of loans with repayment periods (a) below 5 years; (b) 6 to 10 years; (c) 11 to 15 years; (d) 16 to 20 years; (e) 21 to 25 years; and (f) above 25 years.”
“Dr Kanwaljit Soin asked the Minister for Foreign Affairs what is the number of international agreements or conventions relating to (i) the status of women and (ii) workers with family responsibilities to which Singapore is a party.”
“(a) A total of 156 Government buildings under the management of the Land Office have been vacant for more than one year. Most of these buildings are in former army camps which have been vacated by MINDEF as they have become obsolete or are affected by re-development. (b) Most of the vacant buildings have not been leased as they are affected by re-development in the near future. With only a short or uncertain tenure available for use, it is often not practical or viable to lease such buildings out as they usually require substantial refurbishment before they can be re-used. These buildings will usually be demolished when development plans are finalised and re-development of the site commences. Where vacant buildings are capable of re-use, the Land Office will liaise with the various ministries to see if they require the building for their use or for the use of any of the private welfare, educational, cultural or social organisations under their charge. If so, and the proposal to use the building is suitable, the Land Office will allocate the building to the ministry or organisation concerned. In cases where there are no suitable applications, the Land Office will tender the buildings out for short term rental. (c) The market value of Government buildings is determined by the Chief Valuer based on the usage approved by the Chief Planner and varies significantly depending on the location and condition of the buildings. It is difficult to determine the market value of the vacant buildings as the possibility and nature of usage of the buildings in most cases has not yet been determined. In any case, buildings which are affected by re-development and therefore cannot be used have no market value. INTERNATIONAL AGREEMENTS/CONVENTIONS RELATING TO WOMEN AND FAMILY 3.”
“Mr Speaker, Sir, the information which I gave just now of the circumstances and the categories of prisoners who, we understand, have to wear leg chains is supplied by our Mission in Bangkok. I have also ascertained from our Mission in Bangkok that the information and rules which I have described apply across the board and the Singaporean prisoners are not singled out for special treatment. If Mr Chiam has knowledge of any particular case where unfair treatment was accorded, and he will give me the specifics of the case, I assure him I will look into it. Having said that, let me also say that although we cannot insist that special treatment be accorded, from time to time appeals are made to the Ministry and to our Mission to make representations on specific cases. For example, there was a case where a Singaporean prisoner's legs were weak and the Mission did assist in conveying the appeal. So this was acceded to, first, by a lighter leg chain, and later, the leg chain was removed. So the Mission and the Ministry will do their part whenever they can. EMPLOYMENT OF PART-TIME FEMALE WORKERS (Incentives) 7. Mr Chia Shi Teck asked the Minister for Labour (a) whether more incentives will be introduced to attract females who cannot go into full-time employment to work part-time and (b) whether a lower employee Central Provident Fund contribution rate will be introduced for part-time workers so as to allow them a higher take-home pay whilst maintaining the 20% contribution from the employer.”
“Mr Speaker, Sir, 42 Singapore male citizens are in the prisons in Thailand, 20 of whom are serving life imprisonment for drug trafficking. In Thailand, the leg chain is used on prisoners considered most likely to attempt to escape. These are male prisoners below 60 years of age charged with committing serious offences which carry heavy punishments. Such prisoners have to wear the leg chain when they are detained in the remand prison while awaiting trial or when they are being transferred to courts or to other prisons. The chain may be removed under certain conditions, for example, firstly, for good behaviour while under detention in the remand prison, as determined by the prison commander; secondly, when a prisoner has been transferred from the remand prison to a maximum security prison, after the Court has imposed sentence; thirdly, when a prisoner on death row has received the royal pardon and has his sentence commuted to life imprisonment or less. Mr Speaker, Sir, when Singaporeans abroad are arrested for offences, our Missions will assist to ensure that our nationals are fairly treated. But those who commit offences abroad must also accept the consequences under the laws of the foreign countries, so long as they are dealt with in accordance with the due process of law. In this regard, each country has its own methods of punishment and procedures for dealing with prisoners. We cannot interfere in the operation of their legal process and cannot demand special treatment for our nationals.”
“The Bill provides for the appointment of a panel of scientific advisors to assist the Court and the Registrar of Patents in proceedings under the Bill. Sir, the repeal of the Registration of UK Patents Act as well as the Patents (Compulsory Licensing) Act, however, will not affect rights already granted under the current law. An applicant who has obtained a patent in the United Kingdom will be given two years from the time the Act comes into operation to apply for re-registration of his patent in Singapore. As for pending applications, an applicant who has a pending application in the United Kingdom will have 12 months to exercise an option to convert that application to a national application in Singapore. Sir, the Bill naturally confines itself to matters of policies and principles. Questions of detail and procedural matters such as fees, publication of documents and information about such documents, time limits for doing things, etc, will be covered by Regulations. It will be noticed, Sir, that this law reform measure has many technical aspects and rather complicated provisions. In my view, we will benefit from the views and representations from outside bodies, and I therefore intend to submit it to a Select Committee so that experts in the field and other interested parties will have the opportunity to make suggestions on how to improve the provisions in the Bill. Sir, I beg to move. Question proposed.”
“It will benefit us in the following ways: By acceding to the Patent Cooperation Treaty, the Singapore Registry of Patents will have access to international search and preliminary examination reports prepared by various international Search and Preliminary Examination Authorities under this Treaty. By acceding to the Budapest Treaty, the process of patenting an invention which involves a micro-organism or the use of a micro-organism will be much easier. The deposit of a micro-organism with any of the 25 designated International Depository Authorities will be sufficient for patent application in any of the Budapest Treaty countries. By becoming a party to the Paris Convention, a local applicant may within 12 months of his first application in Singapore, apply for protection in any Convention country. This later application would be treated as if it had been filed on the same day as the first application in Singapore. Apart from the obvious convenience, the applicant will also obtain priority in dating his application. Other important matters covered by the Bill include disputes concerning the validity of patents. Under the present system, these disputes are heard in the High Court. Under the new system, the disputes will be decided by the Singapore Registry, thus reducing litigation costs. Where the validity is challenged on technical grounds, the patent may be re-examined by a foreign patent office. The Singapore Registry will then decide on the validity based on the re-examination report and with assistance, if required, of a scientific advisor selected from a list of experts. Any appeal against the Registrar's decision will be to the High Court.”
“Apart from these disadvantages, let me make a general point, ie, we live in a global economy where trade is driven by desire, potential for profit, which in turn is determined by the element of competitiveness. Inventions and innovations sharpen this competitive edge. More countries are therefore improving their industrial property systems, particularly their patent systems, to encourage invention and innovation, and to assist in the recoupment of continuing investment costs for development of products and services. The proposed new patent system will create such a favourable climate for innovation, for developing research and innovative capabilities, and advance technological innovation in industry. Let me now highlight the main features of this new system. First, a patent will be granted and will only be valid if the invention is new, if it involves an inventive step and be capable of industrial application. These requirements are consistent with international standards. In order to ascertain patentability, an invention has to undergo a search and examination process. We have decided to avoid substantial investment in building up full-fledged search and examination capabilities in Singapore, and therefore search and examination reports furnished by designated Foreign Patent Offices and International Search and Preliminary Examinations Authorities under a treaty known as the Patent Cooperation Treaty will be accepted. Under this new patent system, Singapore will accede to certain international treaties such as the Patent Cooperation Treaty, the Budapest Treaty and the Paris Convention. How will this benefit us?”
“Sir, I beg to move, "That the Bill be now read a Second time." Sir, this Bill introduces a local patent system for Singapore. It will repeal some existing legislation like the Registration of United Kingdom Patents Act and the Patents (Compulsory Licensing) Act. The new system of patent registration which this Bill will provide is vastly different from the current system which dates back to 1937. Therefore, the new system will have a wide-ranging impact. Let me first list out the drawbacks under the present system. Presently, patents are granted through a process of re-registration in Singapore after the applicant has first obtained a United Kingdom patent or a European patent designating the United Kingdom as the country of protection. The patent must be registered in Singapore within three years from the date of issue of the patent in the United Kingdom. The first disadvantage is that the preparing and the filing of the application from here, Singapore, long distance is costly, cumbersome and time-consuming. Secondly, where the applicant does not wish to have patent protection in the United Kingdom, he will incur considerable needless expense. Thirdly, a Singapore patent is valid only if the corresponding UK patent remains in force. Fourthly, as I will elaborate further, the present system does not allow for the right of priority which flows from membership of the Paris Convention. Sir, these drawbacks are, of course, disincentives to entrepreneurs, investors and others engaged in R&D and product development in Singapore. The new system will address these and other concerns.”
“We are now, therefore, reviewing our staffing position and forecasting our likely manpower needs for the next five years and I wish to assure Mr Chandra Das that this is uppermost in my mind. But I want to repeat the point, which I mentioned earlier, that in the context of regionalisation, my Ministry's view is that it requires a combined effort. And I am glad to say that, in the visits that I have made abroad, MFA officials abroad work closely with other officers - TDB, EDB, Tourist Promotion Board - because we are really all part of the same family and pursuing the same national interest of our country.”
“Sir, when responding to Mr Bernard Chen's comments on regionalisation, I already alluded to the fact that regionalisation was an added dimension and new responsibility of the Ministry of Foreign Affairs, and it follows therefore that we would have to adapt and gear ourselves to cope with this additional responsibility. Clearly, we need to strengthen our missions and consulates in Vietnam, Myanmar, China and elsewhere. I mentioned earlier that it was some 22 years ago that I was the Permanent Representative in the United Nations, and at that time, I recalled the number of overseas missions we had was a handful. In 1980, the number of overseas missions that the Ministry of Foreign Affairs had was 20. Now, we have 30 overseas missions. But it is wrong to believe that each of our overseas mission is fully staffed with a huge army of people who are capable of doing everything. In fact, we run a very lean outfit and actually I wish to pay tribute to all our staff in our overseas missions who, together with our staff here, have to work sometimes at considerable sacrifice to themselves in coping with this additional workload in recent times. So it is not just regionalisation, it is also the changes which I mentioned when I painted the backdrop, the new dimensions, the changes in the world, post-Cold War era that require our missions to cope with these changes, increasing number of visits and increasing number of projects. Also, we are now playing a much bigger role than we did many years ago at many of the international forums, United Nations, APEC, and so on. So the additional Foreign Service officers whom we recruited in recent years, in my view, would not be enough.”
“APEC will encourage the United States to focus on the region, particularly when it is preoccupied with its domestic problems. Finally, APEC is also a framework to help manage what Dr Lau Teik Soon referred to as a triangular relationship among the US, Japan and China. Therefore, for these reasons, Singapore is fully committed to APEC and its development. As he knows, Indonesia is now Chairman of APEC and will host the next leaders' meeting. Recently, when I met my Indonesian counterpart in Jakarta, I said that Singapore will give its fullest support to Indonesia because a successful leaders' meeting this year in Indonesia will help maintain the momentum of the APEC process. Mr Bernard Chen: Sir, I beg leave to withdraw my amendment. Amendment, by leave, withdrawn.”
“The precise topics have not been settled because Thailand which will be Chairman will be consulting the other ASEAN members and the officials will also have to sit down and discuss these before the ARF is held. Singapore's view is that we should start on areas which are not too contentious and to ensure that future ARFs are successful and that future ARFs can begin to discuss in greater depth, this first ARF probably should avoid bringing in the controversial bilateral issues which may exist among the participants. For the reasons which I have said, and for the reasons really which Dr Lau Teik Soon has mentioned, this ARF is an initiative which Singapore strongly supports and I think it will be a major development in our part of the world to enable confidence building among the countries in the region on security-related issues. 2.15 pm Dr Ho Tat Kin asked about APEC and what are the benefits. The answer to that is there are several benefits. Firstly, as a grouping of developed countries, NIEs and developing countries, APEC gives Singapore greater economic space because there is considerable potential to increase intra-APEC trade through elimination of trade barriers. Singapore and other ASEAN countries are aware that to continue to grow, we cannot be inward-looking. Secondly, apart from our direct economic interests, APEC can also act as a counter-weight to curb protectionist sentiments in Europe and North America. By keeping NAFTA outward-looking, APEC prevents the Pacific from being split down the middle between an Asian Pacific and an American Pacific divide. Thirdly, Sir, over the longer term, APEC also serves our key interest in engaging the United States and other major powers in the region.”
“I have just heard from our delegation which returned from Bangkok that this Special SOM was a success. That is one important initiative. The other is the ASEAN Regional Forum. I say these are significant because it shows that ASEAN has developed into a point and has reached a level of maturity where we feel comfortable about discussing security related issues. The ASEAN Regional Forum (ARF) was announced in Singapore in July 1993 at the 26th ASEAN Ministerial Meeting (AMM). Its objective is to promote dialogue and consultation, contributing to a sense of community. This will add to the effort to create a regional network of bilateral and multilateral linkages in the Asia-Pacific. It will help to manage the strains and tensions that come with rapid growth and change. I would say the ARF is unique because unlike comparable discussions on security matters, the ARF is not the result of any conflict situation which has taken place. It is not conceived in the context of any special multilateral security treaty or management and it is also not in response to any specific enemy or perceived threat. As Dr Lau Teik Soon said, the best time to discuss these issues is now when the relations are peaceful and cordial. On the specific agenda or topics to be discussed, our view is that we need to build the ARF over the years. We do not see the coming ARF this year as an end in itself. Therefore, we should not be over-ambitious and ARF this year should ideally be so structured that it will be conducive for participants to begin to talk freely and to feel that the ARF is a useful mechanism.”
“Members may or may not be aware that the different Ministries also have contacts at the unofficial level through the inter-Ministry games. Our uniform services, for example, have excellent cooperation and contacts. I know from my years in the Ministry of Home Affairs that the Police Force has excellent relations with the Police Force in Malaysia. And this results in a situation where it encourages very close cooperation between them in law enforcement. So we should continue to take the approach of utilising both Government as well as non-Government initiatives in cementing these ties. I will strongly support his call for a total approach in people-to-people contacts to supplement government-to-government contacts. If I may go on to Dr Lau Teik Soon's point on ASEAN Regional Forum. For the benefit of Members who may not be familiar, I should say that recently we have seen two rather significant developments within ASEAN, two important initiatives in the areas highlighted by Dr Lau Teik Soon. One is the Special Senior Officials' Meeting of ASEAN and the other is the ARF. Let me first touch on the Special Senior Officials' Meeting (SOM). Senior officials of ASEAN of course have always been meeting and there have been other forums like the ASEAN Ministerial Meetings and Post-Ministerial Conferences which enable Ministers as well as senior officials to meet. From time to time, yes, they may discuss matters concerning security issues. But usually these discussions do not involve the people from our defence or security establishments who are the key decision-makers in defence policies. But recently it was decided to have a Special Senior Officials' Meeting which would include people from the defence and security agencies.”
“But he is right to say that the Government can do its part to promote, through these multilateral and bilateral visits, a conducive climate for a close relation between our countries. But I do not think we should take the view that the fostering of close relations between countries in the region is a job of the Government only, of the MFA and the other Ministries. I think others have a role to play. In fact, they have a key role to play because they are not constrained by protocol and the rigidities of ceremony and formalities. I think a great role can be played by the private sector, business sector, Chambers of Commerce and professional groups. I have always encouraged, for instance, lawyers to make goodwill visits to other countries in the region, particularly where our legal systems are different, to promote greater understanding of each other's circumstances, laws and positions. Cultural groups also have a role to play. The Prime Minister took business delegations along with him on some of his trips. But I do not think we should leave it there. I think the business delegations should then follow up on their own separately. So people-to-people contacts, in my view, have been an on-going affair and the Ministry of Foreign Affairs strongly encourages it and, where necessary, and where the help of the Ministry of Foreign Affairs is needed, we will not hesitate to facilitate, to give advice. In this regard, Mr Robert Chua may want to know that the People's Association, for example, has had various exchanges with countries in the region. There are also academic student exchanges. The National University of Singapore also actively participates in inter-varsity games, and cultural exchanges have also taken place.”
“But the advantage of having worked within these multilateral forums is that we are able to manage the areas of disagreements in a very comfortable way. The fact that the officials know each other - in fact, almost all of them know each other on a first name basis; the Ministers too know each other on a first name basis - they feel comfortable with each other. It is not unusual for them to pick up the phone and speak to each other. This helps in smoothening of problems and cementing of close relations in the multilateral setting. In the bilateral setting, there is also a considerable amount of ties at the official level. Members are aware of frequent visits at Ministers' level, Prime Minister's level to various countries. Likewise, we also have visits being made to Singapore by Ministers and other delegations. One of the first things that I did as Foreign Minister was to follow the ASEAN tradition of calling on my counterpart Foreign Ministers which has helped, because you have made a courtesy call, you renew your acquaintanceship, you meet with the senior officials and this breaks down the barriers of officialdom and cuts through unnecessary red tape and bureaucracy. Recently, we have the privilege to receive visits from the Malaysian Deputy Prime Minister, the Vietnamese Communist Party General Secretary, Indonesian Minister of State for Research and Technology, Dr Habibie, Cambodian First Prime Minister, Prince Ranariddh, and Second Prime Minister, Hun Sen, and so on. So at the bilateral level too, there has been considerable exchange of visits, exchange of views, and this helps to promote goodwill and cement ties.”
“Regionalisation is a new dimension and a new responsibility which MFA has undertaken. We will have to work very closely with other agencies. In fact, one of the first things that Mr Yeo Cheow Tong, my colleague, Minister for Trade and Industry, and I did after assuming our new portfolios was to meet with each other and we also met with our key officials to underline the fact that regionalisation requires the joining of hands and close coordination between the Ministry of Foreign Affairs, Ministry of Trade and Industry and related bodies, overseas missions, overseas representatives of TDB and EDB. I am glad to say that officials of both Ministries will meet regularly to oversee and coordinate this. So I can give him the assurance in that respect. Mr Robert Chua's point essentially was that we must encourage contact between Singaporeans and other countries at various levels and wanted to know how this can be done. First of all, I would like to say that from the Government's point of view, we encourage ties both at the bilateral level and at the multilateral level. At the multilateral level, we have various forums. We have ASEAN, we have APEC. And within ASEAN, there is a whole host of meetings and organisations - the Ministry of Foreign Affairs has the Senior Officials' Meetings; the Ministry of Trade and Industry, the Ministers meet; ASEAN Finance Ministers meet, and so do the officials. And over the years, this has had a very beneficial effect in that right from the top, the Ministers, to the level of the officials, they have got to know each other very well. And, of course, there will always be issues, there will be disagreements, sometimes there may be disputes on specific matters.”
“Last year, the then Senior Minister of State, Mr Lim Boon Heng, led a delegation there, and I have invited them to send a follow-up delegation to Singapore. 2.00 pm Mr Bernard Chen also referred to press criticisms about Singaporeans who are investing in China and the aspect of ethnicity. Yes, I am aware of this. But the truth is that if Singaporeans invest in China, they are guided by none other than the motive of seizing on good business opportunities, because business decisions must be weighed on the basis of potential returns on investments. Therefore, this criticism in some quarters about ethnicity is totally misplaced, because if there were poor returns on investments in China, Singaporeans will simply not go. Likewise, if India continues to open up, I have no doubt that Singaporean Indian businessmen and others will also go there. But does this mean that it is the "Indian-ness" of the Singapore Indian businessmen which makes them go there? I do not think so. From the contacts that I have had with Singaporean businessmen, they are pretty hard-nosed chaps and they are not likely to part with their money on some sentimental links with the land of their ancestry. I would say that those who know Singapore and Singaporeans well should know by now that we may be 75% made up of ethnic Chinese, but we are a multi-racial society with our own destiny, with our own aspirations. Our Chinese are different from those in the PRC, different from Taiwan, different from Hong Kong, just like our Indians are different from Indians from the Indian subcontinent. Mr Bernard Chen also asked about the role of the Ministry of Foreign Affairs. The Ministry of Foreign Affairs has a critical role, and that is why I started off by talking about the multi-faceted role.”
“We cannot ignore business opportunities in other emerging economies like India, Vietnam, Cambodia and Myanmar. I think Mr Bernard Chen was also in the business delegation which accompanied the Prime Minister to India and he would have realised that there is an abundant labour supply in India and a large domestic market as well. India also has committed itself to making the necessary economic reforms. Vietnam too offers tremendous potential. It has vast hydrocarbon and mineral resources which are largely untapped. It has a diligent and educated workforce and wage levels in Vietnam are lower than China's. The lifting of the US trade embargo creates added opportunities there. Myanmar and Cambodia are also opening up. As the Minister for Trade and Industry said, Singaporeans need to go there before others do. Apart from China and the Indochinese countries, I should also say that we continue to be involved with our ASEAN neighbours. Singapore was the largest investor in Indonesia in 1993. This is based from figures from the Investment Coordination Board of Indonesia. The total approved investment was US$1.33 billion. We were the fourth largest investor in Malaysia in 1993. Furthermore, the Growth Triangle concept remains an integral part of our regionalisation strategy. Sir, we must continue to harness the competitive advantages of our three economies to strengthen our global competitiveness. As we seek out new business opportunities in the region, we will at the same time consolidate our economic ties with our neighbours. I have also just recently returned from the Philippines and we agreed there that we should launch the Singapore-Philippine Business Council soon.”
“The Prime Minister has spoken on how Singapore can use the region's economic dynamism to lift us to a new phase of economic development. As Mr Bernard Chen pointed out, the Prime Minister has personally visited Vietnam, India and China to make this possible. These economic opportunities can only be tapped ultimately by the private sector and the businessmen. But it is the Government's responsibility to build bridges and links with other governments which will open doors and which will facilitate economic and trade links. This is the backdrop. Now, to come to Mr Bernard Chen's comments on regionalisation, I do not think I need to restate the detailed rationale and arguments for regionalisation. This has been stated quite adequately on many occasions. I think we all know that the global competition for investment funds and export markets is becoming keener. There are new economic players, like India, China and Vietnam, who have joined the race. For us to stay ahead, we need to build this external economic link. We need to invest our expertise, capabilities and savings in new growth areas which are complementary to ours. By doing so, we expand our natural economic zone and raise our standard of living higher. Mr Bernard Chen asked whether the focus is mainly on China. I think he knows that this is not so. The Prime Minister has just returned from Vietnam. Mr Bernard Chen was in the business delegation. Of course, because of China's opening up, it is attractive to our businessmen. There is a huge labour supply, vast tracts of land and a large domestic market. The purchasing power of its citizens is also growing rapidly. But at the same time, China cannot be the only target.”
“But at that time, when it was six or seven years after Singapore's independence, it became very clear to me, and a deep impression was made on me, through the three years in the United Nations, that for Singapore, being a small country, it was absolutely essential to have a Foreign Ministry and to have missions which can respond quickly and nimbly to fast moving changes on the international scene. During these three years when I was in the United Nations, major events took place. The People's Republic of China took up a seat in the United Nations, there was a conflict on the Indian Sub-Continent leading to the creation of Bangladesh, and in 1973 there was the Middle-East conflict. But if that was true 22 years ago, it is even more true today. Of course, in Singapore, every Ministry has to adapt to changing circumstances. But the Ministry of Foreign Affairs, in some ways, faces special challenges because it has to adapt to external circumstances, external changes, which are beyond our control. Indeed, now, we are entering a period of unprecedented and rather unique challenges and opportunities. On the question of challenges, the Asia-Pacific region is experiencing a most unusual fluid political and security situation, as mentioned by Dr Lau Teik Soon. Relations amongst major powers are undergoing major transitions, for example, United States/China, United States/Japan. History has shown that when relations amongst major powers undergo change, the small countries, like Singapore, have to remain agile to ensure that our interests are protected and advanced in these circumstances. Although the situation is fluid, the Asia-Pacific region also presents tremendous economic opportunities for Singapore.”
“Sir, from the diversity of topics which have been raised just by the speakers, one thing is very clear: that the Ministry of Foreign Affairs is obviously not a single-issue Ministry. Mr Bernard Chen raised the question of regionalisation; Mr Robert Chua raised the question of how close relations can be forged at various levels; Dr Lau Teik Soon raised the question of forums to discuss common security issues, and Dr Ho Tat Kin asked about benefits which will accrue from membership in APEC. So I think we have to bear in mind that one backdrop to the discussion of these issues is that the Ministry of Foreign Affairs' work is actually multi-faceted. If you look at the Budget book, its Mission Statement states: "To manage Singapore's external interests in both the political and economic fields." But in that sentence a considerable amount can be amplified. Because the work of the Foreign Ministry is really to protect and advance Singapore's interest in all the totality of Singapore's national interests in Singapore's interactions in the external arena, in bilateral relations and multilateral forums. It may be economic interests, it may be communications and air services, it may be defence cooperation, every aspect of Singapore's national interests has to be advanced by the Ministry of Foreign Affairs. I think just the four speakers alone touching on the various topics have demonstrated that. Sir, before I took office as Minister for Foreign Affairs, my last substantive involvement in foreign affairs was some 22 years ago when I was the Permanent Representative to the United Nations and concurrently High Commissioner to Canada. That is more than two decades ago.”
“Sir, I thank Mr Eugene Yap and I am pleased to give him my response that the Ministry of Law is in fact right now in the process of re-examining various provisions of the Act, including the means test and we shall take into account the suggestions he has made. I think at the end of the review, we should be able to propose amendments to the means test and other provisions of the Act. I might mention that, at present, the Legal Aid Bureau in fact handles quite a tremendous workload. They have an average of about 6,500 fresh applications per year and the Bureau is able to accept more than 60% of these cases.”
“Sir, I should think that these are simple enough for the Registrar when a person appears before him, or if the lawyer makes a representation to him setting out the facts of the case.”
“Because witnesses who are very proficient in English have asked for interpreters so that they can have greater time to compose their answers to various questions. Another abuse has been that those asking for interpreters, and when the interpreters are supplied, they in fact do not fully use them. This has led to deployment problems and has caused delays in commencement proceedings and sometimes cases have to be adjourned. But here too, the Registrar has the power to waive. So all in all, Sir, these fees have been introduced to bring about some streamlining and to prevent abuse of the court's usage of time and usage of facilities in the court. Sometimes, litigants and lawyers in the past failed to appreciate that for every case it involves court facilities and the judges' time and resources, with the result that there was a huge backlog and inefficiency in the system. 2.45 pm”
“Mr Speaker, Sir, this issue has been raised before, although not in this Chamber, and has been answered. It is not true that the picture is, as the Member has painted it, that all these fees have affected the ordinary man's access to the courts. First of all, these fees have been introduced to enforce greater efficiency in usage of the court's time. And it is actually a fraction of the fees charged by the lawyers. As far as access to the courts by poor people is concerned, we should note first that the fees system does not affect actions for damages for death, to personal injuries such as motor accidents. They do not affect family or matrimonial cases. They do not affect cases involving adoption of children, guardianship of infants, mentally disordered persons or the disposition of estates under inheritance or family provision Acts. In genuine hardship cases, the Registrar has the discretion to waive, remit or reduce the fees. To-date, there has only been one application and that also is an application for deferred payment. There is also legal aid. Most of the cases which take up a lot of time, that means more than one day, are the commercial cases which involve corporate or individual litigants who can afford it. Our information is that the scheme has been working well and has not affected access to the courts. In fact, experience has shown that we have gone away from the days when the lawyers used to ask for 10-20 days to be set down for a trial. It is a clear indication therefore that lawyers and litigants have begun to be more reasonable when asking for the number of days to be set aside for the trial of the cases. As far as fees for interpreters are concerned, this is actually to stop abuse, as the Member said.”
“Walter Woon says, that the prosecutors have made a mistake? I do not think we can conclude that. Prosecutions can fail for a wide variety of reasons. The witnesses may change their evidence at the trial. Material witnesses may no longer be available when the trial starts. Or witnesses may be reluctant or refuse to testify or witnesses may fail to remember accurately the events resulting in confusion and discrepancy. Therefore, it is wrong to conclude that if a person is acquitted that the prosecution has bungled. There are many, many factors. Therefore, this leads me to the other point. If we are going to provide for costs whenever a person is acquitted, I feel that this will have an inhibiting effect on prosecutors and on the Police. Because surely the Minister for Finance will want to ask the Attorney-General and the Police to account for the costs. It will lead to a situation where the Police and the prosecution will want to take up only sure-win cases. Is that in our interest? If we have a rape case, a girl comes forward and alleges rape, witnesses are assembled, her testimony is taken, but the case is thrown out, the State has to pay. Then surely the State will also want to recover the costs from the informant or the person who reported because that triggered off the whole case. So let us keep this matter in balance. Let us not equate criminal proceedings exactly with civil proceedings. There is a fundamental difference in the public interest involved. Of course, where prosecution has been done in bad faith, where there has been malice, then the party concerned can bring an action for malicious prosecution. I would therefore say that on this matter I will proceed with very considerable reluctance in equating it with civil proceedings.”
“Sir, the existing position is that under the Criminal Procedure Code, the subordinate courts or the High Court can award taxed costs against the complainant or the informant where the prosecution is vexatious or frivolous. This is in addition to the $50 which the Magistrate's Courts can award. On appeal, the High Court can also award costs to any party on appeal. It is true that there is a provision for costs to be awarded for the prosecution but I understand that this is very rarely invoked. While Prof. Walter Woon's arguments may on the surface appear attractive and it can be studied, personally, I would be very reluctant to proceed on the basis of providing for costs in criminal proceedings on the same basis as for civil proceedings. Civil proceedings are disputes between private parties. In criminal proceedings, there is a fundamental difference, ie, there is an over-riding public interest for the State to bring prosecution to maintain law, order and security. Let us not forget, because Prof. Walter Woon said that when a person is acquitted, he used the words, "Is it just to have wrongly prosecuted him?", there are many components which come together when prosecutions are made. First, someone has to report that he has been a victim of a crime or that he has seen a crime being committed. It is in our interest to encourage him to come forward and report. Next, the matter has to be investigated thoroughly by the Police and investigation papers put up. Witnesses have to be assembled and they will have to be encouraged to come forward and give evidence. Finally, the Attorney-General's Chambers evaluates all the evidence on the basis of the investigation papers and makes a decision whether to prosecute or not. If a prosecution fails, does it mean, as Prof.”
“Once again, this gesture reiterates Government's commitment to utilise part of the budget surplus, where circumstances permit, to improve the lives of Singaporeans. I would like to urge the Government to vigorously pursue this principle as the beneficiaries are the low-income earners. In conclusion, Sir, I support the motion moved by the Minister for Finance. 3.12 pm”
“Even with the raising of the salary ceiling to $1,000, it is anticipated that SDF's collection will still be below its collection level during its initial years. This is because the pool of workers to be trained, in particular the older workers, is getting larger which therefore requires more money to be channelled into training so that Singapore can continue to maintain its competitive edge. Seen against the scenario I have just given, it is clear that over the years with fewer and fewer workers earning $750 or below, employers have benefitted more than they contributed and hence enjoyed cost savings. We have to come to grips with the reality that economic restructuring has become part and parcel of our Singapore way of life. With the pressing need and increasing importance of training and retraining, I would like to suggest that the salary ceiling for SDF levy be raised to $1,500 instead of $1,000. I sincerely hope that my suggestion will be considered so as to benefit as many workers given the existing educational profile of our workforce which is still some way behind the other Newly Industrialising Countries. Mr Speaker, Sir, permit me now to move on to my last point, ie, the rebates on HDB service and conservancy (S&C) charges and rentals. This is indeed a boon to the ordinary man-in-the-street as these rebates are additional to the GST offset rebates which take effect from 1st April this year. Such additional rebates are reassuring as there is still a fair amount of fear and anxiety as already some retailers and businessmen have started to increase prices unnecessarily and blame it on the forthcoming GST.”
“In this connection, Sir, may I ask whether it is possible to restore the additional 5% employer's contribution in the near future? Still on the subject of CPF, it is indeed laudable for the Government to make a commitment to top up every CPF account with $300 to enable adult Singaporeans to buy shares. By giving an 18-month period for Singaporeans to build their co-payment share of $750, the Government is giving more than ample opportunity for every working citizen above 21 years of age to participate in share ownership in a manageable and responsible manner without having to indulge in speculation and risk getting their fingers burnt. Thus, I would like to urge every adult Singaporean not to miss this good opportunity as there are not many countries in the world whose governments will take the trouble to go that extra mile to enhance the well-being of its citizens. Next, Sir, I would like to make some comments on the Skills Development Fund (SDF) levy. To me, the revision of the salary ceiling is overdue as the present level of $750 is already out of date and no longer realistic bearing in mind that the SDF levy was introduced in 1979. However, I have heard that employers are concerned about this increase and this is understandable. However, employers must remember that the SDF was set up primarily for the skills upgrading of their employees and retraining of retrenched workers. Thus, employers stand to gain if workers' skills are upgraded through training and retraining as it will lead to increased productivity. Another relevant fact is that SDF disbursements far outstripped its collection. On the average, SDF could only collect $13 million to $14 million a year whereas its current disbursements could amount to $50 million and beyond.”
“As one informed source has put it, the whole package of measures announced last year and this year are designed to propel Singapore into its next stage of economic development, ie, to be in the First League of developed nations as we enter the 21st century, and must be consciously seen against this economic backdrop. Mr Speaker, Sir, allow me now to touch on some specific issues contained in the Budget Statement. Firstly, I would like to focus on the final restoration of the CPF cut with effect from 1st July 1994. By keeping to its word in increasing the employer's contribution and reducing the employee's contribution this year consistent with the strong across-the-board economic growth of 9.9% achieved last year, the Government has restored workers' confidence and this will augur well for the future. The recent pre-budget call by some employers to defer the restoration was inappropriate. Why do I say so? It is because workers have accepted the stage-by-stage restoration without much fuss despite favourable economic growth and have waited eight years for the full restoration to the new target of 20%. Have employers forgotten that when the cut of 15% was made in 1986 it was done in a single stroke. Employers should not forget that prior to the 1986 cut, their previous contribution was 25% as opposed to the current rate of 20%, ie, workers have forgone 5 percentage points which in monetary terms is no mean sum. Surely employers cannot be worse off when their pre-cut contribution was 25%. On the contrary, the reality is that workers have sacrificed much by restraining themselves in not demanding for the full pre-cut restoration. This demonstrates that our workers are responsible and positive.”