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.”
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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 42 of 66.
“First, I will deal with civil appeals. Under the amendments, appeals on civil cases will henceforth lie only as between those parties to the proceedings who have consented in writing to be bound by an appeal to the Privy Council. They can agree at any time, before or after the commencement of proceedings, but they must have so consented before the Court of Appeal in Singapore hears the case. I should clarify, Sir, that this new subsection (3) to Section 3 of the Act does not require that the consent of all the parties to the proceedings must have been obtained. For example, if there is one plaintiff and ten defendants in a case, but one defendant does not agree that the case can be appealed to the Privy Council, even though the plaintiff and the other nine defendants have agreed, then, as between those parties who have agreed, an appeal to the Privy Council can lie. Members will note that there is an express provision that an appeal to the Privy Council in such a case will not affect any party to the proceedings who has not consented. Why have we adopted this approach of consent? Let me say that the Government had considered whether we should do away with appeals altogether to the Privy Council in civil cases. We did consider an option. However, we also considered and took into account various views and suggestions expressed in this House as well as outside this House, in particular the view that we should not completely cut off access to the legal store of knowledge and expertise of the Privy Council in commercial matters. The practice of the banking and the shipping community is almost standard throughout the world. So there is little risk of local conditions being misunderstood or misinterpreted by British judges even though they have never visited Singapore.”
“Furthermore, judicial attitudes and values in our respective societies have also diverged as a result of different circumstances, including the fact that the United Kingdom has been affected by important constitutional changes, important to the United Kingdom but really irrelevant for Singapore. First, United Kingdom's entry into the European Community. The divergence between United Kingdom and Singapore's legal systems has increased over the years especially since 1973 when the United Kingdom joined the European Community, and when it did so, the European Community law became automatically part of United Kingdom law and was directly applicable in United Kingdom, creating rights and duties for individuals. And where there is inconsistency between Community law and the law of a member state of the European Community, Community law prevails. Second, constitutional change. The United Kingdom House of Lords is subject to the European Court of Justice. This supremacy of Community law is emphasized by this fact that the House of Lords in United Kingdom is no longer the court of final appeal in the United Kingdom. In matters concerning the interpretation of the European Community treaties, the validity and interpretation of acts and statutes of the Community institutions, it is the Court of Justice of the European Communities which is now the supreme tribunal. Its decisions in these areas are binding on all United Kingdom courts including the House of Lords. Now, Singapore is not in Europe and all these developments which have affected United Kingdom legal trends arising from its membership of the European Community are not relevant to us and are totally different from our situation. Let me now explain the main changes which these amendments seek to bring about.”
“So Members may well have anticipated this Bill which deals with appeals to the Privy Council on matters not covered in the earlier proceedings. Key considerations Before I go into the provisions of the Bill, it may be useful, Sir, to recapitulate some of the reasons why we cannot continue with appeals to the Privy Council in the way we have had them for so many years. First, very few Commonwealth countries retain their links with the Privy Council. In Asia, apart from Brunei, Singapore is the only independent country to have appeals to the Privy Council. India, Pakistan, Bangladesh, Sri Lanka and Malaysia have a long time ago cut off appeals to the Privy Council. In the South Pacific, Australia has done away with appeals and New Zealand, whose culture, heritage and political system is most akin to United Kingdom, is also proposing to do away with appeals to the Privy Council. On 16th September 1963 when Singapore's direct administrative links with Britain were severed upon our joining Malaysia, our economic, social and political developments have been on divergent paths when compared to the United Kingdom. This underscores two points. First, our laws must meet the problems and conditions of Singapore's circumstances. Secondly, these laws are best understood and interpreted by judges who are a part of our society and who share our history and our culture. True, we have allowed Privy Council appeals to continue from colonial days because we valued the ability and erudition of their judges. But we have to recognize that because judges of the United Kingdom have no experience of our own circumstances, it is inevitable that they must draw on their own history, their own culture when reviewing our cases.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Previous debates The question whether appeals to the Privy Council should be abolished partially or completely has been debated in this House recently on two different occasions. In January, this House debated the Constitution (Amendment) Bill and the Internal Security (Amendment) Bill. These amendments which were approved by the House provided that there will be no more appeals to the Privy Council in respect of any acts or decisions taken under the Internal Security Act as well as on questions of interpretation of Part XII of the Constitution which dealt with emergency powers and powers to deal with subversion. Then in February, this House approved amendments to the Legal Profession Act to provide that in disciplinary cases affecting lawyers, there will be no appeals to the Privy Council from a decision of the Court of three judges. Parliament told of other aspects of appeals to Privy Council being considered Members will recall that during the debate in January, I said that the Government's concern was not only with regard to security matters but that we had been concerned also for some time with the question as to how long we could really continue with this system of appeals to the Privy Council. I pointed out that there were also other areas, particularly of public law and administrative law, where our courts must have the final say. This was because the political, social and economic circumstances of a country are crucial factors in interpreting and applying of laws by judges of a country. I said that the Government would decide on these matters after careful consideration.”
“Mr Speaker, Sir, the percentages of children with Hanyu Pinyin names included in their birth certificates are 84% in 1986, 85% in 1987 and 84% in 1988. The percentages of children who have included their Hanyu Pinyin names in their identity cards for the years 1986, 1987 and 1988 are 82%, 85% and 86% respectively. BILLS INTRODUCED 1.07 pm ENLISTMENT (AMENDMENT) BILL "to amend the Enlistment Act (Chapter 93 of the 1985 Revised Edition)", presented by the Second Minister for Defence (Services) (BG Lee Hsien Loong); read the First time; to be read a Second time on the next available sitting of Parliament, and to be printed. REQUISITION OF RESOURCES (AMENDMENT) BILL "to amend the Requisition of Resources Act (Chapter 273 of the 1985 Revised Edition)", presented by BG Lee Hsien Loong; read the First time; to be read a Second time on the next available sitting of Parliament, and to be printed. JUDICIAL COMMITTEE (AMENDMENT) BILL Order for Second Reading read.”
“Thank you, Sir. The innuendo is that we knew of these offenders and deliberately did not take any action, which is not true. As early as November 1987, the Singapore Embassy in Bangkok issued a statement of the penalties which were then in force and informing all those who were reading the Thai newspapers and this was published in the Bangkok Post. This was as long ago as 1987. In February 1989 the Thai MFA issued further press releases. So it is not a case of suddenly taking action only now.”
“--- made in a foreign press, critical of Singapore.”
“I will give him the answer. I am surprised that a Member of this House should come here and repeat such unfounded allegations ---”
“Mr Speaker, Sir, I am really surprised that a Member of this House ---”
“As far as immigration is concerned, if he had overstayed, he had committed an offence, whether or not he has any other forged documents. If you are an illegal immigrant and you have entered Singapore either without travel documents or with forged travel documents, then that is an offence of illegal entry. What happens after you enter into Singapore, whether you managed to get a forged document is irrelevant for the purpose of investigating and apprehending that person. If he has entered Singapore with travel documents he is an illegal immigrant. If he has entered Singapore validly and thereafter overstayed, he has committed an offence of overstaying. What he does after that is irrelevant, he has still committed an offence, and that is how the problem arose and was put to this House.”
“Mr Speaker, Sir, Mr Chiam is a lawyer. He should know that under the Immigration Act it is clearly defined that an overstayer is a person who came in on a valid social visit pass and has overstayed. Whether or not he has a forged work permit or not, he still is an overstayer.”
“Indeed, Sir, it is a serious matter and it is because the Government felt it was a serious matter that we came to this House to ask for more powers, more penalties, to enable us to deal effectively with this serious problem. I recall the Member speaking against the measures to introduce caning. He was not the only one. Others too. But if we had not adopted those measures, a question which Members must ask themselves is: would they have voluntarily surrendered? As I said in my answer, these persons who came into Singapore at the checkpoint had valid passports and valid travel documents. It is after they enter Singapore on valid social visit pass that they decide to overstay and work illegally, some without any forged documents, some with forged documents. Mr Chiam See Tong: Sir, the Minister will remember that during the debate on the amendment to the Immigration Act he did not mention or even give a hint that so great a number of illegal immigrants were moving around Singapore with forged documents. There was no hint of that. So if the Minister had said, "Look, about 10,000 of these immigrants, which is a large number, moving around Singapore with forged documents ---”
“This comes about because there are syndicates who are engaged in forged documents. And when we catch them, they will be severely punished. Indeed, quite a number of cases are being investigated and are dealt with by the Commercial Crime Department. In other words, forgery of work permits is an offence. Investigations also are commenced whenever we have information on individuals or syndicates working in forged work permits. In fact, some of those who are trafficking in illegal immigrants are also engaged in forgery of work permits, and action will also be taken against them.”
“The Police and Immigration Departments would have required a sustained massive effort to round up all these illegal immigrants. Illegal workers, including those with forged work permits, move from worksite to worksite, merging with other foreign workers who have proper work permits. Errant employers deliberately keep no records to avoid being implicated. This was why the Government amended the Immigration Act to provide for caning for illegal immigrants who overstayed more than 90 days, and for a presumption clause to enable us to prosecute their employers. Those 10,000 illegal immigrants and overstayers virtually voluntarily surrendered to be repatriated before the amendments came into force shows that these measures were both necessary and effective.”
“Mr Speaker, Sir, in 1988, 18 traffickers were prosecuted. Except for three who were Singaporeans, most of them were foreigners operating outside. And I am glad to say that we have received excellent cooperation from the Malaysian authorities who have not only helped us in investigations but have also helped us apprehend the culprits and extradite them to Singapore. ILLEGAL ENTRY OF THAI WORKERS 9. Mr Chiam See Tong asked the Minister for Home Affairs how is it that about 10,000 Thai foreign workers could slip into Singapore and work here with forged documents undetected by his Ministry's enforcement officers. Prof. Jayakumar: Sir, the 10,000 Thai foreign workers did not slip into Singapore with forged documents. Almost 80% of them entered Singapore lawfully with valid travel documents, ostensibly as tourists and then overstayed illegally in order to work here. Immigration officers handle about 45,000 arrivals per day at the Woodlands Checkpoint. In 1988, they refused entry to 13,500 persons who could not satisfy Immigration Officers that they were bona fide tourists. However, Immigration Officers cannot detect every visitor who intends to overstay and work illegally, no matter how vigilant they may be. As this House was informed during the debate on the Second Reading of the Immigration (Amendment) Bill in January, this matter was brought to the attention of this House. And the Government has been very concerned with the problem of illegal immigrants for the past two years. It knew the numbers were large. This House was informed that, in 1988 alone, 4,120 overstayers were arrested. This House was also informed that 17% of our prison population were immigration offenders. For every overstayer arrested, many more were evading detection.”
“At the same time, we will also enforce the law against employers of illegalimmigrants and overstayers of more than 90 days. On conviction, they will face imprisonment and fines. These deterrent measures should reduce the inflow of illegal immigrants.”
“Mr Speaker, Sir, these illegal immigrants had entered Singapore landing on our coastline under the cover of darkness after a short boat trip from nearby staging points. With the help of well-organized trafficking syndicates, they were sometimes able to escape detection. In recent months, the Marine Police Division and the Immigration Department have stepped up patrols and surveillance to curb this trafficking. They have succeeded on several occasions to arrest traffickers and intercept these attempts to land illegal immigrants. For example, in December 1988, a ring leader was arrested and this was followed by another arrest in February 1989. In October 1988, a boatman with a female assistant was arrested while trying to land eight illegal immigrants near the Senoko Power Station. Another boatman was arrested at sea in January 1989 while attempting to convey 10 illegal immigrants. The Marine Police and Immigration will intensify their patrols and surveillance efforts on all potential landing sites to curb the activities of the trafficking syndicates. With the recent amendments to the Immigration Act, convicted illegal immigrants and those who overstay for more than 90 days will face mandatory imprisonment of 3 months and 3 strokes of the cane. Those trafficking in illegal immigrants or harbouring them are also subject to severe penalties: a mandatory minimum jail sentence of 2 years and mandatory caning for traffickers, and mandatory minimum jail sentence of 6 months and fine of up to $6,000 for harbourers. Our strategy to deal with illegal immigrants is to enhance our border security with more patrol and surveillance as well as to implement more effective deterrents such as caning for offenders.”
“The education programme aims to teach children on proper reading habits such as sitting up and not lying in bed to read, ensuring that there is adequate lighting, not watching the TV from too near a distance or for too long a period of time, and the importance of proper use of spectacles and contact lenses. Sir, to ensure that locally produced and packaged contact lens solutions are sterile and safe for use, the Ministry will carry out spot checks and test for sterility of the products. However, the public should note that sterile contact lens solution can be contaminated through prolonged usage and improper storage. Therefore, it is not advisable to buy solutions in bulk packages unless the usage rate is high. CHILDREN'S HOSPITAL (Building of) 8. Mr Yeo Toon Chia asked the Acting Minister for Health whether his Ministry has any plans to build a children's hospital and, if so, whether he will give details of the facilities that will be provided.”
“Mr Speaker, Sir, I am glad to inform the Member that two NPPs will be set up in Tanglin Constituency this year. The first will be located at the Bougainvilla Park in Watten Estate. The proposed venue for the second NPP is at the Whitley Road fringe car park. If it is not ready by the end of this year, a temporary NPP will be set up. EDUCATION PROGRAMME ON THE PROBLEM OF MYOPIA AND MEASURES TO ENSURE PROPER PRODUCTION OF EYE SOLUTIONS 7. Mr Yeo Toon Chia asked the Acting Minister for Health (a) what programme his Ministry has to educate the public, especially students, on the problems of the increasing number of myopes among the population; and (b) whether his Ministry will take measures to regulate the proper production and packaging of eye solutions made in Singapore to ensure that the finished products are safe for users of contact lenses. The Acting Minister for Health (Mr Yeo Cheow Tong): Mr Speaker, Sir, my Ministry's public education programme to tackle the problem of myopia or short-sightedness among school children focusses on: (i) prevention of short-sightedness through health education; (ii) early detection by regular check-ups and ensuring that those who are found to be short-sighted are referred to the optician for spectacles; and (iii) the proper use of spectacles and contact lenses. The education programme is targetted towards school children, their parents and teachers. Such programmes include: the distribution of educational pamphlets to students; talks over radio and in schools; and exhibitions on eye care in school health fairs where students and their parents are invited to attend, and in community centres and shopping complexes.”
“Mr Speaker, Sir, the second NPP for Pasir Panjang Constituency is scheduled for the end of this year. Until a suitable site for a permanent NPP is found, the Police will set up a temporary NPP at the Pasir Panjang Ferry Terminal. NEIGHBOURHOOD POLICE POST IN TANGLIN 6. Mr Lew Syn Pau asked the Minister for Home Affairs if he will consider setting up a neighbourhood police post in Tanglin Constituency.”
“Mr Speaker, Sir, I beg to report that the Committee of Supply has made further progress on the Main and Development Estimates for the financial year 1989/90, and ask leave to sit again tomorrow.”
“That is a standard argument that opponents and critics of the ISA have lodged concerning the ISA. We have explained that preventive detention under the ISA is necessary because in subversion and CUF types of subversion and clandestine activity, they are such experts that they do not leave the kind of evidence that is necessary for bringing about prosecution under the normal processes of a criminal trial.”
“In the few minutes before adjournment, Sir, I think I can deal with the points because they are not new. First, he says the Advisory Board is a farce. How can it be farce when only a week or two ago, it was announced in the newspapers that the release of Kevin De Souza, Chng Suan Sze and Wong Souk Yee by the Government was based on a recommendation by the Advisory Board that they be considered for early release. And in 1987 when they were first arrested under the Marxist Conspiracy, the Advisory Board recommended the cases of some of them to be considered for early release. So in these circumstances, how can one say that it is a farce? Mr Chia Thye Poh has refused to make representations to the Advisory Board. Then he says the Special Branch fabricates, imaginary grounds. How can this be? If this is so, then let us ask ourselves: could ISD, or the Special Branch as it was known before, have demolished the CPM network in Singapore if there were no such CPM elements? Scores of them had to be arrested, rehabilitated and dealt with. And he says we are all sitting here peacefully. It is because of the ISA and an effective ISD that we are able to have the peace, security and stability that we experience today. And enables him to be invited here as an NCMP. How could an ISD which fabricates matters have destroyed the main forces of the CPM which at one time numbered more than 10,000 and reduced it to about 1,000 operating in the Malaysian/Thai border? And it is because of the effectiveness of measures taken by intelligence and security agencies in Malaysia and Singapore that we now read reports recently in the press that these remnants are negotiating a surrender. Sir, I need not dwell on the other points raised by Dr Lee Siew-Choh - production in court.”
“It does not mean that he will never be released. Dr Lee Siew-Choh says that he should be given unconditional release. Why? If he is being detained on security considerations, his release must also be subject to such restriction orders as are necessary in a judgment of the security experts. And if he is released, it will be on those conditions. He is in no position to bargain on the conditions he should be released. Finally, Sir, Dr Lee Siew-Choh projects him as a harmless person. Consider the point which I have informed this House before. While Chia Thye Poh was for several years in detention, to show how committed he is to his cause, he managed to subvert Prison warders and got them to convey messages which he gave to them. And I believe several Prison warders were convicted. That gives you an indication of the man and that is only one of the factors which we have to consider. The Government does not relish keeping a person for so long. But it cannot decide on a release purely on grounds of any embarrassment which may be caused internationally. The release must be based on national security grounds. And if we are satisfied that he should be released, we will not detain him any longer. Again, Dr Lee Siew-Choh in his opening remarks said Chia Thye Poh languishes in prison, cut off from the world. Dr Lee was not here when I informed the House that Chia Thye Poh is not in some cold, dark cell. He is in a spacious bungalow, ample area for him to tend to vegetables and fruits. He has a colour TV, newspaper, and he has meals cooked by an ISD officer and the family. Perhaps he does not want to go out.”
“Mr Chairman, Sir, the case of Chia Thye Poh has been discussed in this House on many occasions, and on one of the occasions I gave a full list of his activities and the grounds on which he was detained. It is in the Hansard as annexes to a reply I gave to Mr Jeyaretnam when he was in this House. The information I gave to this House showed that he was arrested not for any political activities, he was arrested for his activities in connection with the CPM. All the details were supplied to this House. The Member, Dr Lee Siew-Choh, may wish to avoid repetition in this House by looking up what was said. And if he wants to have a debate on what was said, by all means we can do so. As I have said in this House, Mr Chia Thye Poh's release is really dependent on security considerations and a security assessment on anything else. He knows that he can be released if he renounces the use of force. He has refused to do that, and the Members in this House may wish to ponder, "Why not? " We have also said that he can be released to any country which takes him, because there are so many countries and human rights organizations which have criticized our actions. But we said, "Well, if you think that he is so innocent and so harmless, you accept him. " There is only one taker for that offer. It is the Canadians. Mr Chia Thye Poh did not accept the offer. Dr Lee Siew-Choh gives the impression that this is a case where we have locked him up and forgotten about him. That is not so. His case is reviewed every year. The Advisory Board considers his case and makes its recommendations. My colleagues and I in the Cabinet have to address our minds to the recommendations given each year. So this is a serious matter. It is not a forgotten case, and every time we address it, we do it afresh.”
“Sir, perhaps I should have elaborated, but I thought I said that because Malaysia has death penalty for cannabis and we do not have, there will be a tendency for the traffickers of cannabis to come to Singapore and this is why we are also thinking of amending the Misuse of Drugs Act in this regard.”
“The intention is to put them on a police supervision order so that if they violet the supervision order then they will be back in the DRC. The exit counselling programme similarly is to concentrate on drug addicts who are amenable and show a willingness to kick the habit. The other aspect which is alluded to in the House and also needs to be tackled is that some of the hard-core addicts tend to take things in the DRC in a soft way. They view it as not too harsh a regime where in fact they gather to get new sources of information about drug trafficking. We will have to take sterner and tougher measures with the hard-core addicsts and some of them even engage in serious acts of indiscipline, including vandalism, destructon of property and at the moment the Superintendent of the DRC in fact has no powers to effectively deal with such indiscipline and we will have to amend the Misuse of Drugs Act to ensure that such gross indiscipline will be effectively dealt with.”
“Therefore, it is profitable for traffickers of cannabis to operate in Singapore. So this is a loophole which must be plugged and this is another amendment to the Misuse of Drugs Act which my Ministry is considering. As for Mr Zulkifli's comments on the problem of drugs in the Malay community he has already mentioned the figures. In addition to what he has said, I would just quickly recapitulate. The problem is being tackled both at the CNB and the Ministry front as well as in the community. Members know that Mr Abdullah Tarmugi is heading a task force which will harness the efforts of the community and community organizations in this regard. I had discussions with the President of SANA and he has assured me that special efforts will be mounted to increase the number of counsellors and aftercare volunteers to counsel the Malay drug addicts. In addition to this, in terms of enforcement, the Woodlands Task Force has stepped up its activity, including the use of instant urine testing and the instant urine testing will now not only be used at the Woodlands Checkpoint but will also be used at other locations in Singapore. As far as the rehabilitation regime which Mr Zulkifli asked for some information, there is a change in approach and that change in approach in terms of rehabilitation is to ensure that priority is given and special attention is given to the first-timers or other drug addicts who are amenable and show a willingness to give up the drug habit. This is the basic rationable between the exit counselling programme which involves a sharp shock programme so that the drug addicts, most of them first-timers or experiments, will be given an apportunity to kick the habit. In other words, they need not be in the DRCs for a long period of time.”
“The professionals in CNB also tell me that the consensus of opinion is that because of the unrest in Burma this also led to a suspension of restrictions and controls such that production and flow out of Burma have also increased. There is plentiful of supply and no shortage of persons willing to cash in in terms of drug trafficking. That is the first problem. We expect even greater supply in the region. The second problem is that of cocaine. The new form of cocaine used is known as crack. As Members pointed out, it is reaching epidemic proportions in the United States and in Europe. It is estimated it is overtaking that of heroin. It has not reached Singapore or the region yet but our view is it is a matter of time. Because of that, the Ministry has discussed with the Central Narcotics Bureau to plan well ahead. The following will have to be done and are already being attended to. First, we must physically be able to detect the cocaine user and for this the CNB is working very closely with the Department of Scientific Services and they are confident they will be able to detect in the same way the heroin addict can be detected. Secondly, we will have to amend the law to make sure that trafficking in cocaine and addiction to cocaine are also dealt with under the Misuse of Drugs Act. Another problem which is exercising our minds now and which may require amendments to the Misuse of Drugs Act is that of cannabis. In addressing the problem of Malays and drugs, we have found that cannabis is, in fact, what is known as a "gateway drug" to heroin, particularly so with the Malay drug addicts. They start off on cannabis and then graduate on to heroin. Malaysian legislation has provisions for death penalty for cannabis trafficking. Our Misuse of Drugs Act does not.”
“In the short-term, as those who have passed by the area would have noticed, there is substantial development already in progress. Under the short-term plan, the number of clearance lanes will be increased from 64 to 96. There will be other improvements, such as more spacious, well-illuminated air conditioned bus passenger halls and so on. The schedule for this short-term plan, work started in September 1988 and it is to be completed in March 1990. But these improvements, according to our projection and assessment, will only be able to cope with the projected increase up to the middle of the next decade. Therefore, we have even a longer redevelopment project which is to build a new Woodlands Checkpoint. For this, some 11 hectares of land will be reclaimed, another 6.7 hectares of land will be acquired and under that long-term development plans, the clearance lanes will be increased to some 150, double that today. Once details of these plans are finalized, we will make the announcement. The long-term development plans incidentally will also incorporate the short-term development plans. We expect the new Woodlands Checkpoint to cater for the traffic growth well into the next century. Now I will deal with the various questions on the drug problem. I will start off with the question raised by Mr Zulkifli as to what are the problems we see ahead. This, in fact, has been alluded to by the speakers. The first problem is that we see no let-up on the heroin situation. In fact, neighbouring countries have also reported increased seizures of heroin and increased number of arrests. We in Singapore have also seen a greater inflow of heroin. The reasons for this are, first, the Golden Triangle area has been reporting annually increased bumper harvests of heroin.”
“Sir, may I take the comments made on Immigration Department. First, the Chairman of the GPC's comments on whether we could liberalize the duration periods of the various passes. In fact, the Immigration Department has done quite a bit in this area. To give some examples; for the Singapore International Passports and Restricted Passports, the validity period has been increased from five years to ten years; re-entry permits and certificates of identity, two years, instead of one year; social visit passes of some categories, such as aged parents, have been increased to two years. As for student passes, the validity period has also been increased, for example, primary school, to three years, secondary schools, to four years, and so on. The Immigration Department will examine the extent to which it can do more but it must be subject to the overriding requirement of immigration control and operational reasons. One of the reasons why they cannot lift the period of validity or extend it by too much is that they must have some control. If a person is here claiming to be working or studying, then there must be periodic checks to find out, if he is on an employment pass, whether he is still working. And if he is here on a student pass, whether he is, in fact, still a student or whether he is doing something else. Subject to the overriding consideration of control and operational factors, the Immigration Department will see what else it can do. The second question he asked was about the Woodlands Checkpoint. This was also commented on by Mr Philip Tan. Our plans for development and improvement at Woodlands Checkpoint have both the short-term as well as the long-term component.”
“But figures have shown that new drivers are highly prone to accidents. Therefore, one of the amendments we will make is that when a person passes his driving or riding test he will, in fact, have a period of probation of a year and during this period of probation he must not accumulate more than 12 demerit points. If he does not accumulate more than 12 demerit points, then he will have a full qualified driving licence. This will ensure that during the first year of obtaining his licence he is aware of the need to be road safety conscious and mindful of the interests of others. Finally, I have taken the point mentioned by Mr Loh Meng See, that is, we also have to pay attention to the elderly drivers. I am particularly concerned with elderly drivers who are driving heavy vehicles, trailers, lorries, because these are likely to cause or have the propensity to cause deaths and serious injuries more than other vehicles. So one of the measures being looked into by my Ministry is to impose an upper age limit for drivers in this class 4, 4A or 5 categories and perhaps, prior to that, to have a cut-off age where they must have compulsory medical examination. I think these are also necessary if we want to have our roads safe from serious accidents which cause deaths and injuries. I believe, Sir, I have covered most of the points.”
“He is a danger not only to himself and the passengers in his car but he is also a danger to other road users, whether pedestrians, riders or drivers and it is totally irresponsible for such a person to be driving a vehicle. So amendments will be made to increase the penalties for drunk drivers, including increasing the quantum of the fines and also to make it punishable with a jail sentence. Secondly, there is a problem which he alluded to, that is, drunk drivers, amongst others, may be prosecuted but it takes months and years before they are taken off the roads if they are found guilty. That is an absurd situation. We are addressing this problem also in amendments to the Road Traffic Act. In other words, four categories, drunk drivers, hit-and-run drivers, persons who hell ride and, fourth, those who drive while under disqualification or those who drive without a licence or without an insurance and they cause a death or serious injury. I think such persons have no business to be driving or riding on the roads. I am sure many Members will agree with me on that. But under our present situation, when they are charged, they continue driving on the roads, even after having killed a person. Therefore, the Ministry of Home Affairs will be introducing amendments whereby a person in this category that I have described has killed a person in an accident or caused a serious injury, to a person, such person, when he is charged, is disqualified from driving until the court case is over. I think this is a reasonable measure and when the amendments are tabled I hope it has the support of the Members of the House. Thirdly, Sir, we also would address the question of new drivers. At the moment, when a person obtains his driving licence either for a car or a motor-cycle, off he goes.”
“1988 1978 Vehicle population 491,000 309,000 Fatalities 226 278 Injuries 6,379 12,500 Casualties per 100,000 persons 8.5 12.1 Casualties per 10,000 vehicle 4.6 8.9 If the Member is interested, I can give him figures from 1956 to 1988. It shows that over the years, although the population is increased, the vehicle population is increased, the casualties has come down. I think it is partly due to better awareness of road safety and education and do's and dont's. It is partly due to effective implementation by the Traffic Police. I think credit has also been given to other departments like the PWD which has been responsible for building better and safer roads. Having given this overview, let me turn to his question as to what do we have in mind for improving road safety. He referred to drunken drivers and so on. Our concerns are similar to what he has expressed. In other words, in the months ahead, the strategy of the Traffic Police is to concentrate on the minority of high risk drivers, high risk drivers who pose a danger to the others. First of all, there are some amendments which will be made to the Road Traffic Act. The first category where we have to be very strict is with drunken drivers. He mentioned this and he gave an example. Drunken driving in Singapore, last year there were 58 accidents involving drunken drivers. In these accidents, 4 persons died and 10 persons seriously injured. Totally unnecessary. We have to be strict because in Singapore's situation, for that matter in any other country, but in our heavily congested roads, a driver who is drunk, in charge of a vehicle, can be likened to a person who has a lethal weapon in his hand.”
“If that is so, I will discuss with the Police to see how we can publicize it even more. Dr Ho Tat Kin also raised the question of the Marine Police. Because of the important role that the Marine Police are performing in Singapore's territorial waters, attention has also been paid to this and their operational efficiency will be upgraded. For example, in terms of equipment, new boats have been ordered. Some of them have been delivered, as Members have read in the newspapers, 8 new PT class boats and 18 new PC class boats with the latest equipment. In addition to the equipment, the system of patrolling has also been changed. The patrolsectors have been re-demarcated, deployment methods changed so that criminal elements who are observing the movements of the Marine Police will not be able to counter the Marine Police system. But obviously the less details talked about the better. The training has also been upgraded with the assistance of other departments such as the Marine Department and the Navy. Joint operations also take place with Immigration and the Customs. Marine Police can work best if we have sharing of intelligence and coordination with other departments and this goes on. Finally, on Marine Police, the Ministry has also obtained the services of consultants to see how Marine Police's methods and procedures can be improved to achieve even greater efficiency and effectiveness. May I turn to the points made by Mr Loh Meng See on Traffic Police. He referred to statistics which showed that our traffic accident situation seemed to be on the high side. It is best that we view these figures in the context of a period of time. If we look at the figures over a period of time, in fact there has been considerable improvement. Let me just give a few figures.”
“The Ministry of Home Affairs, in fact,got a study done in 1987 and this study is now in the hands of consultants to see how we can construct such intelligence sharing system. But even if we achieve that, I think each uniformed force will still need its own separate intelligence data systems. Mr Philip Tan also asked whether the 10% manpower reduction applied to the Police Force. I remember last year in giving an answer on the study done by consultants appointed by the Ministry of Finance into manpower in the Police Force and their recommendations were that the 10% reduction would not be applicable to the Police but instead what happens was, as Members will recall, recommendations were made for redeployment in the Police to optimize their existing manpower. Since I gave details on that, I probably need not repeat that except to say that, in the redeployment of manpower to ensure optimum use, the emphasis has been given to front line policing, in other words, the ratio of a policeman to contact with members of the public. Priority has also been given to investigation and training. Dr Ong Chit Chung said that not many members of his constituency were aware of the location of the NPP. That comes as a little bit of a surprise to me because before an NPP is established, the Police take considerable efforts to discuss with the MP and with all the grassroots organizations not only on the location of the NPP but also to elicit the cooperation of the grassroots leaders in disseminating the information to members of the public. In act, a study which was done on the first group of NPP showed a high level of awareness of the existence of NPP as well as the services rendered. I am not sure whether his remarks were based on experience in his constituency.”
“At the same time training in professional ethics and, to inject some realism, the trainees will be attached to units to which they will be posted. The trainers, under the revised programme, will also have to be carefully selected and will have to be exposed to the latest training methods and expertise in other well-established training institutes abroad. As to his point whether the proposed new Police Academy can train private security agencies, I think the answer to that must depend on whether the Police Academy can first accomplish adequately and effectively the training of its staff of Police officers. That must be its priority. If having achieved it, it has the capacity to train others, then we should do so. There again, I should say that under the proposed upgrading of the Police Academy we envisage that the Central Narcotics Bureau and Prisons officers will also be trained. In the meantime, then, I think for security agencies their training and upgrading can very well be attended to by their own security guards' association. There are such associations. I believe Dr Ho Tat Kin also raised the question of sharing or pooling of intelligence. He made the point that Prisons, Central Narcotics Bureau and the Police would have occasions where they have to pool resources. That is indeed so. There is a correlation to some extent between serious crime and drug offenders and drug trafficking and such pooling may also be necessary because offences are increasingly trans-national. Prisons may have to come in because their study of relapsed rates will be helpful for the Police in formulating their strategies. So there is a need for mutually supportive intelligence system.”
“I have not given it serious consideration yet whether changing the name is going to affect the image. I would think that what is really going to influence the image on the part of the public is the kind of response by the police, the way in which their reports, complaints and requests are attended to. But I would have a discussion with the Commissioner of Police if that is going to be helpful. As for Police cars, I think the Expressway patrol cars have been air-conditioned. And as for the rest of the patrol cars, when they are replaced, these will be air-conditioned. Police Academy. I think this is an important point brought up by several Members, in addition to the Chairman of the GPC. I think Dr Ho Tat Kin and Dr Ong Chit Chung also brought this up. Training is important because you may have an intelligent recruit, a well-educated recruit, but if he is not properly trained, he is that much less useful to the Police Force. So I am glad to inform the Members who have spoken on this that there are plans to upgrade the Police Academy to make it a modern training professional centre which will be completed by 1994. Under the plans to upgrade the Police Academy, there will be facilities for simulated experiences, control rooms, computer-aided instruction as well as new marksman advanced training ranges. At the same time the training programme must also be revamped to meet current needs. In other words, apart from the traditional police skills, new elements will be incorporated: how do you deal with individual members of the public? This is particularly important for the Neighbourhood Police personnel. How do you interact with the community in which the NPP officer is stationed.”
“For example, we have taken up with the Ministry of Finance approval for all investigating officers and rest rooms of senior and junior police officers to be air conditioned. At the moment, operations rooms, conference rooms and briefing rooms are air-conditioned. I agree with him that the nature of the environment in which a police officer works is important. If I may now turn to his point about Divisional HQs. As I understand it, he was asking the names of police stations to be renamed. Am I right?”
“My Ministry is putting forward the proposal that there should be an annual promotion and I think that will be much better. Although the promotions are done by the PSC, there are high-level committees which monitor the career progress of the officers, his postings, his promotions, his training, his exposure to different courses, degree of specialization, if any. These are carefully monitored. As far as scholarships are concerned, first the Public Service Commission does offer scholarships, in the first place, to outstanding 'A' level students each year and these scholarships are tenable at prestigious universities abroad. But over and above this, there are also scholarships for local universities as well as overseas merit scholarships. And there are quite a number of takers for these scholarships. On that score, I wish to assure the Member for Fengshan and Chairman of the GPC that we will review with the PSC to see whether these are adequate to ensure a constant flow of talent into the Police Force. I have taken note of the suggestions made by the Chairman of the GPC as to making life as comfortable or as least uncomfortable as possible for the Police, and I am sure the Police will appreciate his consideration in this regard. As regards air-conditioning, I think most of the modern police stations are air-conditioned but his point about central air-con, I think this depends. Some of the facilities and rooms are not used 24 hours whereas some of the other parts of the police station may be used 24 hours and we have taken up with the PWD. There are certain norms and guidelines, I am told, about what can be air-conditioned, what cannot be air-conditioned. We will take up with the Ministry of Finance.”
“Not only that, the whole system of community policing envisages that the Police officer will be a person who has the intelligence and the ability and training to be able to deal with different members of the community in the NPP with firmness, mixed with tact, understanding and compassion. Because every person he comes across with has a problem which at that particular time is very important to the person. So community policing also requires a high quality Police Force. In order to overcome the problems, my own view is that the salaries for the Police and other uniformed staff should be revised to make it attractive, to ensure that we continue to get our best. Therefore, this question of salary revision is being taken up by my Ministry with the Ministry of Finance (Public Service Division). But I think it may not be the best place here to go into the details of the proposals because I would like the Ministry of Finance and the Public Service Commission to consider these proposals and I am sure that they will address it with seriousness and urgency. But I would not like to pre-empt the discussion on that by going into the details here. Suffice it to say that I feel that, all things being equal, because these jobs have that additional risks or difficulties, perhaps we should be prepared to pay a premium for that. As for promotions, I take note of the points made by the Members that we should have more promotions. But these are not entirely within the province of the Ministry because the decisions on promotions, as the Member, Mr Loh Meng See, knows, are done by the Public Service Commission. As for senior Police officers, promotions are done every two years.”
“Mr Speaker, Sir, I wish to thank the Members who have spoken. They have raised several different points concerning the Police. But the common denominator is their appreciation of the efforts of the Police and the support for all that is necessary for them to improve themselves and to make themselves more effective. And I think this support from the MPs will be very warmly received, not only by the Police but also by myself and my Ministry. If I may now take some of the points which have been raised. First, by Dr Arthur Beng and some of his colleagues in the GPC concerning the general upgrading of the Police Force. And how do we cope with recruitment in a tight market? I fully agree with him that for the Police and the other uniformed services, CNB, Prisons, it is not easy to get the recruits. First of all, the available talent pool is limited, the school leavers. Secondly, the private sector is also competing for the same talent and other Ministries are also recruiting from the same group. Over and above this, as the Chairman of the GPC said, there is a feeling that these jobs are fraught with risks and also they have to put on a uniform which many in our society do not like to do. So it is not surprising that in the Police and other uniformed services you have quite a number of posts which are not filled. At the same time, we have to get good people. We have to have our share of the best of the school leavers to join the Police Force and the other services because we are talking about law, order and security. And for the reasons given by Dr Ong Chit Chung, you need to have policemen who are smarter than the crooks.”
“We are dealing with people who are not so well educated, who are not conversant with the intricacies of the law or legal procedures and the forms and requirements which have to be dealt with and not all information and facts are given at first interview and many of them do not understand why a decision is not given quickly. I have had dicussions with the Director of Legal Aid. He tells me that many who come for divorce applications, for instance, they come for filing an application for divorce through the Legal Aid and expect the divorce to be given within the next day or two. So a certain amount of explanation and clarifications and the process of education has to take place with a number of the applicants. Concerning the means test, it is true that the means test has been as it is for the past 13 years but it has been implemented with considerable flexibility by the Legal Aid Bureau in exercising their discretion. We can look at whether we should revise the means test but it will also mean that the number of cases will double or quadruple immediately. With that note that we can look into it, I will close by saying that the Legal Aid Bureau at the moment handles a tremendous amount of cases - tenancy, landlord and tenant, divorce, custody cases - and with the present means test it can cope with the work. If a means test is revised and the work load increases it means there are other implications.”
“Sir, in answer to Dr Ho Tat Kin's question, it is true that we have over 9,000 cases dealt with by the Legal Aid Bureau each year and although the number is large a study done by the MSD one or two years ago showed that some 80% of these cases are dealt with and closed within a period of a year, which is not bad. Secondly, the number of full-time lawyers is small but to give a full picture, one must understand that the Legal Aid Bureau also assigns out cases to outside lawyers and, as I mentioned in an answer to an earlier question, there is a panel of over 200 lawyers to whom cases are assigned. There was a study done by the Management Services Department which concluded that there was no need at present to increase the number of professional staff but there was a need to increase the number of clerical staff. As for computerization, yes, at the moment, it is computerized but the computer time is linked with that in the Ministry of Community Development. There is a historical reason for this. Because at one time, the Legal Aid Bureau was under the umbrella of the Ministry of Social Affairs. Right now, the point raised by Dr Ho Tat Kin is being pursued, that is, to obtain a computer for the Legal Aid Bureau for itself so that there can be more effective tracking of cases and management of case files. The thrust of his question was whether things can be speeded up. With computerization, a certain amount of speeding up can take place. But there is a certain human factor which has also to be dealt with.”
“There have been increased frequencies of unauthorized structures, unauthorized buildings which the Land Office of course must take action. Otherwise there will be no end to it. But as I said, if he feels strongly of any particular case, he can raise it with me and I will look into it.”
“Sir, I think the Member must have been talking tongue-in-cheek but if he was not, then the reason he put forward for not stepping up enforcement action in fact is all the more reason for stepping up enforcement action. Let me explain. He has presented Pulau Ubin as a tranquil, peaceful, paradise island, which is so out of touch with the fact that it is part of Singapore that when Government officers go there to inspect their own land they are considered to be uninvited guests. In other words, the Land Office officials are trespassing on land on which others are squatting. If there is to be immunity from actions from the Land Office and the thesis developed so beautifully by the Member for Changi, holds, then within the next few weeks after the publicity given to this Committee of Supply debate, drug addicts, criminals and others will make their way to Pulau Ubin and narcotics officers and CID officers will also be trespassing there when they enforce the law. In short, Sir, when the Land Office serves notices they were not singling out Pulau Ubin residents. I have looked at the figures. There is no singling-out of Pulau Ubin violations. They also act on violations on the mainland. If there have been more notices served last year it is because there have been more violations in recent years on Pulau Ubin and I sympathize with his predicament in the sense that he has got more appeal cases. If there is any individual case that the Member for Changi feels strongly about - it is unfair or unjustified - I am quite prepared to have officials look into it. But as a general point, it is not true that there has been some vindictive rampage launched by the Land Office.”
“It was because of the inability of the two parties to agree and it is very difficult for the law or for the Ministry to come in and force a person who has ownership of the land and to force that person to agree to any particular term. This must be left to negotiations. Once they have reached agreement, then it is only a matter of few months before the procedure of registration of the titles is effected. In the case of Pacific Mansion that he referred to, if I am not mistaken, the application for strata titles was lodged in December 1988. There are certain procedures and checks which the Registry of Land Titles has to carry out to make a search for the title, whether there are encumbrances and so on. I do not think this will take more than five or six months and I am quite confident that the Registry of Land Titles would be able to complete the process by June. It is not a terribly long process and I think five to six months is a reasonable time. But I want to correct the impression that the five years' delay was due to some serious omission on the part of the Ministry of any of its department. It was not. It was just the inability of the parties to agree and I do not think that the Government can interfere and impose its terms either on the developer or on the tenants. As far as Kimlin Mansion is concerned, he was expressing the hope that the same delay will not occur. As far as I know, no application for that premises has been lodged with the Registry of Land Titles. But I hope that he will bear in mind the points that I raised. If there is any way in which, after it has been lodged, the Ministry or the Land Titles Department can speed up, I will ask them to do so. But the problem really resides in the negotiations between the two parties.”
“Mr Chairman, in order to reply to Dr Wong Kwei Cheong, I should spend a minute or two to explain the problem of old condominiums which were not governed by the Land Titles (Strata) Act. The old condominiums that he refers to are condominiums which were built before, and therefore not governed by, the Land Titles (Strata) Act, which means that the flat owners in those condominiums really, under the law at that time that they purchased, had no title to the land at all. The developer retained the title to the land. This is to say that if they want to convert to strata titles under the new law, which is possible, a minimum of 25% of the owners in such old condominiums can initiate the process to convert to strata titles, but it requires the consent of the developer, which is natural because he owns the title to the land. The delay that Dr Wong Kwei Cheong refers to is really not a delay on the part of the Ministry of Law or of the Registry of Titles or Registry of Deeds. The delay in the example he has given is really a delay caused by protracted negotiations between the developer and the residents. The reason for the delay is often that they cannot agree, the developer wants to exclude certain parts of the condominium, maybe common areas and so on, outside, to be excluded from the title which is going to be passed to the owners. Of course, the developer has an interest, so has the residents. So in the case that he cited, the 5 years' delay in the case of Pacific Mansion was not caused by any bureaucracy on the part of the Land Titles Department.”
“As to what the lawyers themselves can do, I am not sure whether Dr Ho Tat Kin's suggestion of mergers between foreign law firms and local law firms is necessary to achieve that. I am not sure whether it can be done also because a foreign law firm operates in its country according to its legal system, its legal traditions and professional ethics and rules. For example, in the United States there is such a thing as contingency fees. In Singapore it will be professional misconduct for a lawyer to accept contingency fees. So a merger between a foreign law firm and a Singa- pore law firm poses certain problems. But a merger is not necessary, as lawyers will tell Dr Ho Tat Kin, because many of the leading law firms in Singapore for some time have established relationships with certain of their counterparts, leading law firms in Europe, UK and the United States, and this association achieves the same kind of objective that Dr Ho Tat Kin is asking for. So, in short, I agree with his objectives and the Government has done quite a bit in trying to promote the infrastructure and I think the lawyers and leading law firms are also doing that. Perhaps what really remains is for more law firms to become aware of the potential that exists and to take heed of what Dr Ho Tat Kin has brought up in his speech.”
“To give you an example, 10 years ago, I think there were only one or two foreign law firms here but the policy has been liberalized. Today, I think we have about 27 foreign law firms here. In other words, they are not doing Singapore law but the laws of other countries, advising clients on international business law, international financial law, and laws of their own countries. Of the 27 such firms here, I think two or three are without resident offices here. They employ over 80 foreign lawyers and the nationality of these companies is a tremendously wide cross-section: United Kingdom, Canada, Australia, Swedish, Dutch, French, Indonesian, Indian, I think even a Panamanian law firm. So over the past few years, just to give you one example, we have liberalized the policy by allowing these foreign law firms here so that there is that expertise immediately available here. But even if the law firm of a particular country is not here, the Government has also, as widely recognized, provided a very good communication system in Singapore - telex, fax, telephone. If a lawyer in Singapore is faced with a problem which has trans-national dimensions, there is no difficulty in getting almost overnight an opinion or drafts of documents or drafts of agreements by communicating with a law firm in Canada, US, UK or in Europe. The law firms of any country in the world, our Singapore lawyers can plug in and get their expertise instantaneously. That is a result of the excellent communication system we have. So it does not necessarily mean that the law firm must be here physically. This, in fact, is what many law firms are doing here, including our Singapore law firms.”