Wong Kan Seng
Singapore
“We all want a better future for our children and the future generations. Amid the debates, let us not lose sight of what we are working for – we are working for the benefit and future of Singaporeans. Not for growth targets, not for foreigners, but for Singaporeans.”
“Mrs Mildred Tan also suggested doing a longitudinal study on the impact of new citizens on Singapore. I am told that there is a periodic study on the perception of integration and rootedness of Singaporeans and PRs. A study is now ongoing too.”
“All they need to do is simply declare that they meet the residential criteria. EASING IN US ECONOMY (Impact on Singapore) 9. Ms Sylvia Lim asked the Senior Minister what will be the expected impact on the Singapore economy arising from the US Federal Reserve's announcement on 3rd November 2010 of a "quantitative easing" of the US economy…”
“Well, from the data I have here, 553 registered to vote before the 2006 GE and this is the data I have but Ms Lim may be right. There may be 1,000-odd that Ms Lim had mentioned. From what I am told now, we have 1,325 Singaporean overseas who are eligible to register to vote have registered.”
“But, as I said, there are so many other possibilities that they could come in and there could also be many possibilities that we could have missed and they have entered or left Singapore. LAND SWAP AGREEMENT FOR KTM STATION AND RAILWAY LANDS 2.”
“They are also recruiting people by offering them scholarships. So, we hope more of our companies can do that. Hopefully they come here to work for a while and, if they like our place, they may want to settle down. This is a place which they can think about. POPULATION AND TALENT DIVISION 5. Assoc. Prof.”
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“Ignoring such understanding reflects a lack of understanding of the complex emotions in the twining victims of violence.' This part which I quoted is not in the article that was published in today's Straits Times written by Ms Claire Chiang but it is the same note that she sent to me. So under such circumstances, for a Police officer to intervene in every case, even if it is only to give a warning, would be inappropriate and heavy-handed, and may be accused of being biased. This is in fact what clause 13(1) requires the Police to do. It may be even counter-productive as Police involvement is likely to aggravate the distress in the family. There must be other ways to deal with the situation to address the root cause of the problem, eg, referring to a counselling body. Therefore the issue is not giving more powers to the Police since they already have these powers, but whether the heavy hand of the law or the Police ought to intervene in every case where flexibility and great sensitivity is required. In many developed countries, policies and strategies have been introduced which have emphasised legal and police intervention to address family violence. Yet the assessment generally is that the legal responses can be blunt instruments and counter-productive in a number of cases. The belief in most societies, including ours, is that the family is and should remain our basic social institution. Strengthening and supporting the family should therefore be the primary objective of community-based preventive programmes. Sir, Dr Soin also appears to think that the Government is not doing enough to address the problem. Is that really so?”
“The accused was charged in Court and was given six months' imprisonment. So the Police does take action even on simple hurt cases when the situation justifies. But the Police does not warn or prosecute every case as a matter of routine because family disputes are by nature complex. They involve emotions and relationships among people in the same family. It is very difficult, if not impossible, for a Police officer to establish which party is right or wrong when he arrives at the scene. Indeed, in a family dispute situation, both parties may each have varying degrees of fault. The origin of the problem could have occurred a long time ago, or over a petty matter which either party could or would not take full responsibility for. It could also have been an accumulation of many incidents and neither party is completely right or wrong. Let me take this opportunity to quote from a note sent to me by the Society Against Family Violence about this complexity of family relationship. It says here: `In the literature reviewing the process before, during and after an abusive situation, the abused women are not always portrayed as vulnerable or in a state of trauma. They are often equally violent. Family violence must be examined interactively, both parties having to take responsibilities for contributing to the fight. Abusive relationship is like an onion with many layers of forces working in competition against each other and in many strands of meanings, memories and feelings. Once we look at abuse in relational terms, we begin to take some blame of the men and return some responsibility back to the women to reach a balanced therapeutic management in the recovery process of the family.”
“Where only simple hurt is caused, the Police will warn or even prosecute the abuser if the circumstances warrant it, for example, in repeat cases. In 1994, Police took prosecution action in 14 cases of voluntarily causing hurt out of the 3,625 cases of domestic violence reported. In seven of these 14 cases, the victims later decided not to proceed against the accused in court. The prosecution had to respect their wishes in order not to worsen the situation at home. But you can imagine that a great deal of resources was wasted in these cases when the complainants later decided not to go ahead in bringing the culprits to court. You can also imagine the frustration of the investigation officer. But the Police had to respect their decision because it is important to keep the family intact. In the remaining seven cases, the accused persons were given prison sentences ranging from one week to six months. Let me just quote a couple of these cases. In one case, the accused punched his mother, ie, the victim, on the shoulder. The victim's brother intervened to stop any further assault from taking place. Both parties refused to heed the Police advice at the scene to resolve the matter amicably. The victim appeared to be in imminent danger of further assault. The Police then intervened. The accused was charged in Court and sentenced to one week's imprisonment. In the second case, the accused assaulted his wife, ie, the victim, after an argument over an alleged extramarital affair of the victim. The accused, who smelt of alcohol on the arrival of the Police, was alleged to have kicked the victim on her stomach and her body. It was later determined that she did not sustain any serious injury. The victim appeared to be in imminent danger of further assault and the Police intervened.”
“We should not hastily or mindlessly apply the full intrusive and coercive force of the law when this may not be the best course of action in the interest of the family. Some Singaporeans already complain that Singapore is overly regulated. Do we want another separate piece of legislation that calls on the Police to intrude into the family's living room, bedroom, or kitchen to deal with a family dispute whenever one is reported? Or to make a value judgment as to who is right or wrong in as complex a matter as a dispute between spouses? I will take it as a compliment that our Police Force has been asked to intervene in such private and personal matters as family disputes, as Dr Soin would have them do. The public's trust and confidence in the Police speaks well of the Police as an objective and impartial law enforcement agency. But are they the best people or in the best position to do this? Dr Soin thinks that the Police currently has insufficient powers to investigate and to deal with cases where only simple hurt is caused. This is simply not true. The Police does have powers to deal with these cases. It can investigate simple hurt cases. It can warn or even prosecute the offending party under the Penal Code for the offence of Voluntarily Causing Hurt. In practice, when called to the scene of the family violence, the Police officer will intervene and separate the parties, warn the abusing party for his or her behaviour and breach of peace, if necessary. If a complaint is made at the Neighbourhood Police Post (NPP), the NPP will interview the complainant, warn the abusing party, if necessary, and advise the victim of the options open to him or her to seek legal protection. Where grievous hurt is caused, the Police will prosecute.”
“Sir, since this very important Bill requires the police to do so many things, I feel it is necessary for me to say something right at the outset. Sir, family violence of any degree, whether it is an intimidation or actual physical abuse, should not be taken lightly. The Ministry of Home Affairs and the Police do not condone such behaviour. As a society, we should prevent and deter such occurrences and protect the victims. It is not just a concern of breach of peace in a neighbourhood or of physical injuries being caused. More importantly, domestic violence, if left unchecked, can quickly lead to a breakdown of the family unit. It affects not just the two parties in disagreement, but also the children, as Dr Soin mentioned. If a child sees heated quarrels and physical abuse constantly, he or she may become predisposed to violent behaviour in adult life. We should not allow this to happen. We do not pretend that such a problem does not exist in our society. It is an age-old problem in all societies. No society today has eliminated this totally. There is also no evidence to suggest that those countries which resorted to legal responses are more successful in dealing with it. While we recognise that family violence does take place in some homes in Singapore, we should not exaggerate the scale and the extent of the problem. Nevertheless, I agree that more can be done to minimise it and to help families in distress. The question is what and how. In this light, let me laud Dr Soin's effort in drafting this Bill. She has done a good job at it. But whilst we must be firm in dealing with such cases of family violence, we should not be heavy-handed in dealing with a matter that involves emotions and family relationships.”
“The wordings may be different but the spirit is the same. Let me read to the Member this clause in the Immigration (Amendment) Bill: `"Work place" means any place or premises where any construction works are being carried out and includes: (a) all the land within the vicinity of the work place which are owned by the person for whom the construction works are being carried out and to which the principal contractor has control of access; (b) any canteen, sleeping quarters, office and other structures or buildings erected on the work place; and (c)[this is a very important point] such other place or premises as the Minister may, by notification in the Gazette, specify to be a work place.' So it can be any place. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. - [Dr Lee Boon Yang]. Bill considered in Committee; reported without amendment; read a Third time and passed. FAMILY VIOLENCE BILL Order for Second Reading read. 4.36 pm”
“I thank the Member for his support of the Bill. As I said earlier, many contractors have taken heed of the Police's advice issued last year. Many still have not, and I believe that they will do so once the Bill is put in place. And for those who are still contemplating whether or not they want to employ immigration offenders, I would strongly advise them that they should take the necessary measures before the law catches up on them. Question put, and agreed to. Bill accordingly read a Second time and committed to a Committee of the whole House. The House immediately resolved itself into a Committee on the Bill. - [Mr Wong Kan Seng]. Bill considered in Committee; reported without amendment; read a Third time and passed. EMPLOYMENT OF FOREIGN WORKERS (AMENDMENT) BILL Order for Second Reading read.”
“If there is no demand for illegal workers because of strong deterrent laws, then they will not come. Worksites are the main areas where immigration offenders are found because the open nature of worksites makes it easy for them to find refuge. For this reason, we can deter immigration offenders at worksites by having good security and access control measures. This is one area where all contractors can play their part to complement the efforts of Government to tackle this problem. Members of the executive committee of the Singapore Contractors Association Ltd (SCAL) have been consulted twice this year and have indicated their support for the Government's efforts. SCAL appreciates the seriousness of the situation which compromises our safety and the need for tough measures. I believe that the new legislation will go a long way in addressing the root of the problem - which is at the construction sites. Nevertheless, let me also send a warning signal to the other employers, who are thinking of employing immigration offenders, that the new section 57B, as drafted, has given the flexibility to enable the Minister to extend the provision to other workplaces, such as shipyards and factories, if the need arises. Sir, I beg to move. Question proposed.”
“Clauses 3 and 5 of the Immigration (Amendment) Bill seek to amend section 6(3)(a) and section 15(3)(b) to remove the mandatory minimum three months' jail term and to cap the maximum imprisonment term for illegal entry and overstaying at six months. There are two reasons for this. First, we do not want these foreigners to clog up our jails. As at 30th September this year, our prison capacity was exceeded by more than 36%. Immigration offenders constituted more than half, ie, 67.4% to be exact, of the 2,787 foreign prisoners. Secondly, by freeing up the jails, we will be able to prosecute more immigration offenders who may otherwise have to be let off the hook due to the prisons' limited capacity. The mandatory caning provision will remain unchanged as caning has proved to be very effective; hardly any immigration offender who has been caned returns to Singapore. For persons who are not liable to be caned under our laws, that is, women and men above 50 years old, we have provided for them to be fined up to $6,000 instead. Other amendments Mr Speaker, Sir, we have also taken the opportunity to enhance the penalty under section 57(1)(iv) from a maximum fine of $2,000 to $4,000 and from six months' jail to one year's jail to deal with the increase in the number of offences of false representations under section 57(1)(f). The penalties for other offences listed under section 57(1)(iv) have also been raised to maintain parity with the new penalty under section 57(1)(f). Mr Speaker, Sir, the problem of illegal immigrants and overstayers is a serious one. We cannot afford to allow the situation to persist and go out of hand. To ensure that the problem is effectively curtailed, we need the concerted efforts of all parties involved.”
“This is necessary because in practice, unless the employer admits that he knew of the status of the immigration offender, it is almost impossible to prove that the employer is aware of the immigration offender's status. The penalty of caning should deter those employers who employ more than five immigration offenders. Thirdly, to ensure that companies which committed immigration offences attracting mandatory caning or jail do not escape the heavier penalties, clause 6(c) of the Bill seeks to create a new section 57(2A) to provide for an alternate penalty of a fine for a "body corporate" or company which has committed an immigration offence punishable with mandatory jail or caning. So, for example, in a case where a company has been convicted of employing more than five immigration offenders, which carries mandatory jail and caning, the courts will, under the new section 57(2A), have the leeway of imposing a fine of not less than $50,000 and not more than $100,000, in lieu of caning or jail, on the company. Fine tuning of penalties against immigration offenders Mr Speaker, Sir, clauses 3 and 5 of the Immigration (Amendment) Bill seek to amend section 6(3)(a) and section 15(3)(b) respectively to deal with immigration offenders. Under section 6(3)(a) of the Immigration Act, the penalty for illegal entry is mandatory imprisonment of between three months and two years and not less than three strokes of the cane. Under section 15(3)(b) of the Immigration Act, the penalty for overstaying beyond 90 days is an imprisonment term of between three months and two years, and a minimum of three strokes of the cane. There is no fine.”
“The Immigration Department will continue to prosecute any contractor, including subcontractors, under the existing provisions in the Immigration Act for employing immigration offenders. Tightening existing provisions against employers Sir, my Ministry has also taken the opportunity to tighten up the existing provisions against employers of immigration offenders in the following ways. First, clause 6(d) of the Bill seeks to re-enact section 57(8) to remove the requirement that an immigration offender must be caught in possession of tools before he can be presumed to be working at any premises. As I have said earlier, it is all too easy for an immigration offender to dispose of his tools during a raid. The amended section 57(8) will therefore facilitate prosecution of employers of immigration offenders by shifting the onus of proof to the employers once immigration offenders are found at their premises. Sir, the definition of "employ" under section 2 of the Immigration Act is also amended by clause 2 of the Bill to remove the requirement that the prosecution must prove the existence of a contract or service or any payment before a person can be charged for employing an immigration offender. This is to cover the situation where the immigration offender claims that he is under probation or he is paid in kind other than in cash. Secondly, the penalty for employing more than five immigration offenders is enhanced. This is done through clause 6(b) of the Bill which seeks to re-enact section 57(1A) to remove the requirement that the prosecution must prove that the employer of more than five immigration offenders has "actual knowledge" of their immigration status before he can be caned for employing them.”
“It would be presumed that he has control of access and he has knowingly allowed the immigration offender to enter or remain at the worksite. The principal contractor will be allowed to rebut the presumptions that he has knowingly allowed the immigration offenders to enter or remain at the worksite only if he has exercised due diligence to prevent immigration offenders from entering or remaining at the worksite. This means taking all reasonable measures to prevent any immigration offender from entering or remaining at the worksite and includes complying with prescribed security measures. These measures are similar to the measures recommended by the advisory note issued by the Police in October last year. Contractors who have been implementing these measures, therefore, need not worry about the new provisions in the Immigration Act. Sir, if an immigration offender is found at the worksite, the principal contractor in charge of the worksite will face a fine of not less than $15,000 and not more than $30,000, or a term of imprisonment of not more than one year, or both. Repeat offenders are liable to receive double the penalty on the second conviction - that is, a fine of not less than $30,000 and not more than $60,000, or a term of imprisonment not exceeding two years, or both. Sir, the Minister for Labour will also be moving a similar amendment to the Employment of Foreign Workers Act to cover foreigners without work permits and found working at worksite. The approach of the amendments to both Acts has been harmonised with the common objective of strengthening the measures used to deter the employment of immigration offenders and illegal workers. But let subcontractors also beware. This does not mean that they will be let off scot-free to employ immigration offenders.”
“Therefore, they are best placed for implementing measures to keep out unauthorised persons, including immigration offenders, and to prevent crime through proper security control measures. During the opening of the new Tanah Merah Prison and Changi Women's Prison in April last year, I said that if contractors do not step up security at their worksites, we will have to legislate the security measures. In October last year, Police also issued an advisory note to all contractors on measures to tighten security at work sites. The Commissioner of Police repeated the warning in November 1994, following a pre-dawn fight at a construction site in the Alexandra area, where 19 foreign workers were arrested. From the Police's feedback, many construction sites have now put in place the recommended security measures. But there are still too many who have chosen to ignore the Police's advice. To ensure that the construction sites do not become havens for immigration offenders, my Ministry is left with no choice but to legislate these measures. Moral persuasion has not achieved results. More than adequate warning has already been given. New requirements for principal contractors Sir, to deal with the problem of immigration offenders we have therefore taken a multi-pronged approach. First, this is done through clause 7 of the Immigration (Amendment) Bill which seeks to create a new section 57B to make it a legal requirement for principal or main contractors who have control of access of any worksite to carry out worksite access control measures to prevent unauthorised persons from entering construction sites. If any immigration offender is found at the worksite, the principal contractor will be held responsible.”
“There is little or no access control and no system of identifying workers. Because of this, immigration offenders find it easy to take cover at construction sites. The multiple-layer nature of subcontracting practised in the construction industry compounds the problem. Under such a practice, the principal contractor sub-contracts specific jobs, eg, brick-laying, to a sub-contractor. This sub-contractor in turn sub-contracts all or part of this job to other small contractors and so on down the line. As a result, it is very difficult to link an immigration offender found at a site to a particular sub-contractor. This is compounded by the requirement in our current immigration laws that the immigration offender must be found in actual possession of tools or implements, before he can be presumed to be working at the site. It is all too easy for an immigration offender working at the site to thus dispose of any work tools. If a raid is conducted at night in the living quarters in a worksite, no tools would be found on the immigration offenders. All these add to the difficulties in securing convictions. For example, early this year, a joint operation by Police, Immigration and the Ministry of Labour's Labour Inspectorate was carried out at a construction site in Pulau Seraya. 39 immigration offenders were arrested. Of these, 22 admitted to working illegally while the rest denied it. Those who admitted working refused to disclose the particulars of their employers. As a result, no further action could be taken against the employers. Principal or main contractors are responsible for overall management of the site and have control over all activities at the site.”
“Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time." Introduction: worsening situation Since 1989, the Immigration Act was amended to raise the penalties for immigration offenders and their employers. Caning was introduced for illegal entry and overstaying by over 90 days. The situation improved for a while after the amendments. In recent years, it has worsened significantly. Last year, nearly 10,000 immigration offenders were arrested - double the number in 1988. The situation shows no signs of abating. In the first nine months of this year, 9,343 were arrested. The problem will grow bigger so long as there are unscrupulous employers willing to employ illegals. Situation at construction sites In particular, I am very concerned about the situation at construction sites. Police intelligence indicates that the majority of the immigration offenders arrested were here to work in construction sites. Construction sites were also used by immigration offenders for cover and shelter. Some of them were also involved in crime. The crime situation at construction sites has gone worse. In 1993, 77 foreigners were arrested for crimes at worksites. 31 or 40% of them were immigration offenders. In 1994, the number of arrests rose to 164 and immigration offenders constituted 60 or 36.5% of them. The crimes committed range from simple theft and robbery to the more serious offences like hurt and murder. In 1994 alone, there were 10 murder cases and 22 hurt cases at construction sites involving foreigners. Our crime rates and safety will be affected if we do not deal with this problem now. Part of the reason for the worsening situation is the lax security at construction sites which allows unimpeded and free access to anyone.”
“I think those mothers who want to register their children can apply to the Registry of Citizens. From records, we know that more than 90% of those mothers who registered their children have their citizenship applications approved. So that is not a problem at all. When I go overseas and meet some Singaporeans, they raise this question with me and I have explained to them and they have accepted it. CONVEYANCING FEES REVIEW COMMITTEE (Recommendations) 7. Dr Ker Sin Tze asked the Minister for Law whether the Conveyancing Fees Review Committee has submitted its recommendations and, if so, what are its main recommendations and whether the Government will accept them.”
“Under Article 124, a child born overseas can be registered under certain conditions.”
“I think it is quite well known because under Article 124 -- REMOVAL OF STRANGER FROM PUBLIC GALLERY Interruption from Stranger in Public Gallery -”
“It may seem anomalous. But the point is that a child born of a Singapore mother can still register the child as a citizen. There are other routes for doing this.”
“These children are not deprived of a chance to be Singaporeans, like their mothers. I am, therefore, of the view that we should leave the Constitution as it is as this has served us well in the spirit of our tradition which we should preserve.”
“I presume that in referring to "citizenship rights", Dr Soin is referring to the provision in Article 122(1) of the Constitution which allows for the citizenship by descent to be granted to a child born overseas of a Singaporean father. There is no similar provision for the case where the child's mother is a Singaporean. I should point out that even under Article 122(1), it does not confer such a right absolutely to a child born of a Singaporean father. Let me explain. Firstly, the conferment of citizenship by descent is conditional upon the child being registered within one year of his birth. Secondly, if the child's father is a citizen by descent, that is, he is not a citizen by birth or by registration, then the child has no such right to be given Singapore citizenship. Thirdly, if the child, through his birth, acquires a foreign citizenship and his father is a citizen by registration, then the child also has no such right. In other words, the grant of citizenship to a child born of a Singaporean father by descent is not absolute. Historical wisdom has decided that conferment of citizenship by descent be through one party and that party is the father. Just as it is customary today for the child's surname to follow that of the father, I do not see any real practical reason why nationality should not be passed on only through the father. If we change the Constitution, as suggested by Dr Soin, then we may have a situation where, depending on where the child is born and the nationality of his father, the child can end up having two or even three nationalities at birth. The practical situation today is that our Constitution provides a ready channel for such children to be citizens by registration.”
“My Ministry also makes weekly random inspections of Chinese medical halls to ensure that preparations ordered to be taken off the shelves are not put on sale. In addition, all CPM advertisements in the published media must be approved by the Ministry of Health. My Ministry also checks for false claims or claims for cures which are prohibited under the law. My Ministry is currently looking into the need for stricter measures for the control of CPM to be introduced in the future. COST OF NORTH EASTERN MRT LINE 8. Mr Low Thia Khiang asked the Minister for Communications whether he will provide a detailed breakdown on the estimated cost of five billion dollars to construct the North Eastern MRT line.”
“As URA has planned for each regional centre to be a cultural, commercial and technological hub, a regional library will be built at each of the 5 regional centres at Tampines, Jurong East, Woodlands, Seletar and the Central Business District (CBD). In the coming few years, two new regional libraries will be built to serve the CBD and Woodlands. Tampines already has a regional library which is our first. Around each regional library will be community libraries sited near local communities. In the next few years, several community libraries will be built, including one at Cheng San. The National Library Board is still identifying the best site for the Cheng San Community Library. When the library at Cheng San is completed, probably in 1998, it will also serve the residents of Hougang. CHINESE PROPRIETARY MEDICINE 7. Dr Kanwaljit Soin asked the Minister for Health what further measures besides random checks and investigations into complaints his Ministry is considering to ensure that 9000 products that are categorised as Chinese Proprietary Medicines or health goods are safe for public consumption. BG George Yong-Boon Yeo: My Ministry has a regular quality surveillance programme whereby our health inspectors sample preparations of Chinese Proprietory Medicines (CPM) every month to determine their content of heavy toxic metals and whether they are adulterated with any western medicines. If, on analysis the samples are found to contain excessive heavy toxic metals or any western medicines, the products are seized and destroyed. The public will be informed through the press and advised not to purchase or consume these products and to discard the affected products in their possession. The importer or wholesaler or retailer will be charged and prosecuted in court.”
“As cineplexes are typically located in shopping complexes with food/shopping outlets, they cater to the whole family, offering a choice of films for both adults and children. Because operating costs per film are reduced, it is more profitable to operate cineplexes instead of single-hall cinemas. From 1990 to 1994, the number of single-hall cinemas decreased from 33 to 19. The number of cineplexes increased from 11 to 27. The total number of cinema seats increased from 46,737 to 51,234 between 1990 and 1994. Cinema attendance did not, however, show a corresponding increase. Last year, because of a decline in the availability of good Mandarin movies, cinema attendance declined from 22 million in 1993 to 17 million. Statistics of cinema halls, seats and attendance from 1990 to 1994 is at Annex (Cols. 1567 - 1568). Although the number of cinema seats has been increasing, there is no indication that cinema attendance has been influenced by the introduction of R/A film ratings in September 1991. Annex - STATISTICS OF CINEMA HALLS (SINGLE VS CINEPLEX), SEATS AND ATTENDANCE FROM 1990 TO 1994 (Cols. 1567 - 1568) REGIONAL LIBRARY 6. Mr Low Thia Khiang asked the Minister for Information and the Arts whether he will consider building a regional library in the vicinity of Hougang to serve residents in the area. BG George Yong-Boon Yeo: Last year, the Government accepted the Library 2000 Review Committees proposal to establish a 3-tier library system - regional libraries, community libraries and neighbourhood libraries. Regional libraries will have a comprehensive range of library services that go beyond the services offered at existing branch libraries.”
“When a Police officer responds to a call in a family violence situation, and the dispute is in progress when he arrives, the officer would try to defuse and cool the situation on the spot to stop any breach of peace. If this is unsuccessful, the parties concerned will be brought to the Police Station or NPP for statements to be taken and for investigation. This procedure has the effect of further helping to cool the situation. In a case where a seizable offence has been committed, the Police will prosecute the offender if there is sufficient evidence. In non-seizable cases, the Police, depending on the situation, would issue a warning to the perpetrator. The Police is empowered to do this under section 111 of the Criminal Procedure Code, Chapter 68. Statistics on the number of occasions when persons are brought to the Police Station or NPP in a domestic violence situation are not readily available. CINEMA TRENDS 5. Mr Peter Sung asked the Minister for Information and the Arts whether he is aware of any trends in the number of cinema seats and whether he is able to ascribe any reasons for such changes. BG George Yong-Boon Yeo: Trend in Seating Capacity Following the trend in developed countries, many of our existing cinemas with seating capacity of about 1,000 have been converted into cineplexes with multiple halls, each with seating capacity of 300-400. In new cineplexes, seating capacity is even smaller, from 200 to 300 seats. Smaller cineplex cinemas are more economical to operate. There is better utilisation of seating capacity with minimal empty seats for each screening. Overall, less manpower is required because of the sharing of overheads for film projection, ticketing and F&B sales.”
“Phone-driving is an inconsiderate driving behaviour that poses a danger to road users. The Police has stepped up enforcement against phone drivers. In 1994, 2,838 motorists were booked for phone-driving compared with 395 in 1993. From January to August this year, 1,837 were booked for phone-driving. Apart from stepping up enforcement, the Police has also been encouraging motorists to install hands-free sets. Although the number of motorists booked for phone-driving has increased, the problem has not gone out of hand to warrant increasing the current penalties. Currently, a motorist who phone-drives is committing an offence of driving without due care or reasonable consideration under Section 65 of the Road Traffic Act. The penalty is a fine of $170 or $200 for drivers of light and heavy vehicles respectively. The offence also carries 9 demerit points. We will monitor the situation closely. My Ministry will not hesitate to increase the penalties if the situation so requires. DOMESTIC VIOLENCE - POLICE PROCEDURE 4. Dr Kanwaljit Soin asked the Minister for Home Affairs (a) how many spouses and other family members were taken to the police station for a "cooling-off period" after incidents of domestic violence from 1992 to 1994; (b) if he is able to assess the success of this measure in stopping further domestic violence and (c) if he will explain the provisions under which the above measure is carried out.”
“Police began classifying seizable cases of domestic violence as a sub-category of seizable offences in 1993. The numbers of seizable cases involving domestic violence were 112 and 135 in 1993 and 1994 respectively. Police investigated all these cases. For non-seizable cases, Police started to monitor cases of voluntary causing hurt in 1994. In 1994, 3,625 cases of voluntary causing hurt involving family members were reported to the Police. About half of these cases were followed-up by way of arrest, summons, warning or referral to other departments for assistance. For the remaining, the victims made the Police Report for record purposes. PHONE-DRIVING 3. Dr Kanwaljit Soin asked the Minister for Home Affairs what effective measures are being considered by his Ministry to reduce the number of "handphone driving" offences.”
“During the period from January 1994 to June 1995, Central Narcotics Bureau (CNB) conducted 2333 checks on homes to arrest drug offenders. In 8 of the cases, the persons sought by CNB attempted to escape by scaling down from their flats' rear windows and they fell to their deaths. Seven of them were absconders from CNB's supervision and one was a drug pusher. No CNB officer wants any drug suspect to fall to death. They take all precautions to minimise such incidents. CNB officers are trained to exercise discretion during such house checks and would try to persuade the offenders to open their house doors. An officer would also be deployed to cover rear windows to look out for any escape attempt and to detect drugs being thrown out. ADVERTISING CAMPAIGNS TO PROMOTE SINGAPORE TO HONG KONG PUBLIC 4. Dr Kanwaljit Soin asked the Minister for Trade and Industry if he will give an appraisal on the total amount of money spent on the advertising campaigns to promote Singapore as a good place to live to the people of Hong Kong and whether he will be able to assess the success of these campaigns in some tangible ways.”
“The Corrupt Practices Investigation Bureau has informed the Prime Minister that it has initiated action on the matter. It would be highly prejudicial to the investigations to disclose any further details. NORTH-EAST MRT LINE (Feasibility study report) 8. Mr Chiam See Tong asked the Minister for Communications whether the report on the feasibility study of the North-East MRT line has been completed and, if so, whether that MRT line shall pass through the Potong Pasir Constituency.”
“Sir, the answer to the first part of the Question is "no". The civil servants will not be considered for the same kind of ex-gratia payment when they retired before 31st December 1992 instead of 1st January 1982. The reason is that it is not appropriate to compare Members of Parliament with civil servants. The retired civil servants' contribution to the political destiny of Singapore, while important, was not equal to that of the retired MPs. They did not face the same risk to their lives and limbs as the MPs who stood for and won their elections in the turbulent period from 1959 to 1965. Furthermore, pensionable civil servants have secure tenure whereas the MPs' tenure is uncertain. They may or may not be re-elected. Moreover, those civil servants who retired after 1st January 1982 would have received a higher pension because the NWC payments after this date, till 1993, were made pensionable. From 1993, NWC adjustments as well as salary revisions were made non-pensionable. Although MPs who retired before 31st December 1992 will receive the "ex-gratia" payment, the cut-off date for computing their reckonable service for the "ex-gratia" payment is 31st March 1989, and not 31st December 1992. This is because the MP's allowance was significantly revised after 31st March 1989 and the service rendered after this date had been adequately recognised. NEW NTUC COMFORT TAXIS (Radio despatch system) 6. Encik Harun bin A. Ghani asked the Minister for Communications why the new NTUC Comfort taxis are not equipped with the radio despatch system.”
“Sir, the pension received by the former Ministers and MPs is paid according to a formula under the Parliamentary Pensions Act. I do not have the information here but if the Member is interested he can work it out from the service that the Member has done and find out how much a person would have got in terms of gratuity or pension. RETIRED CIVIL SERVANTS (Ex-gratia payment) 5. Mr Ling How Doong asked the Prime Minister, as Members of Parliament who retired before 31st December 1992 will receive the ex-gratia payment, whether the Government will consider the same for civil servants who retired before 31st December 1992 instead of 1st January 1982 and, if so, how many more retired civil servants will benefit from the scheme and the additional amount involved.”
“Police investigations which have been completed showed that it was not an accidental case. However, the investigations did not disclose sufficient evidence to proceed further against any particular person. NUS did not conduct its own investigation. SINGAPORE REGISTERED MOTORCYCLES 5. Mr Low Thia Khiang asked the Minister for Communications (a) how many Malaysians bought Singapore registered motorcycles in respect of the years 1992, 1993 and 1994 and (b) whether Malaysians' demand for Singapore registered motorcycles resulted in higher prices of Certificates of Entitlement for motorcycles.”
“The 9 cinemas which did not renew their Public Entertainment licences during the last five years are listed in Appendix B (Cols. 1411 - 1412). Appendix B (Cols. 1411 - 1412) CYANIDE POISONING 4. Mr Low Thia Khiang asked the Minister for Home Affairs whether the investigation into the cyanide poisoning of National University of Singapore (NUS) lecturers has been completed and whether the NUS has conducted its own investigation.”
“The cinemas currently licensed by the Public Entertainment Licensing Unit are listed in Appendix A (Cols. 1405 - 1410). Appendix A (Cols. 1405 - 1410) LIST OF CINEMAS CLOSED IN THE LAST FIVE YEARS 3. Mr Peter Sung asked the Minister for Home Affairs whether he will provide a list of cinemas that have been closed during the last five years, the year of closure and the number of seats in each of these cinemas.”
“Justice must not only be done and be seen to be done. It must also be seen to be done swiftly in order to have the desired effect. An execution delayed 10 years is justice delayed. Sir, Singapore's criminal justice system is a strong pillar which the public reposes high confidence. I have no doubt that it can stand up to close scrutiny compared to any other in the world. And I am prepared to defend it anywhere in the world if our system is criticised. Our system is an important institution and an invaluable asset which must not be undermined by thoughtless remarks and baseless attempts to subvert the course of justice for political reasons. In this regard, I can only greet the SDP's and the WP's statements on the Flor Contemplacion case with three As - astonishment, aghast and amazement. We had a full exchange earlier this afternoon, so I won't belabour this point further. But the issue is not about party politics. It is about the integrity of our criminal justice system. Like Mr Chiam, it is about defending Singapore's national interest. And like Mr Chiam said yesterday, all Singaporeans, including the Opposition, should close ranks on this issue. Indeed, most Singaporeans did. What really is at stake here is an attempt by outsiders to undermine the Singapore judiciary and the law enforcement agencies. We must never allow this to happen but, alas, our Opposition parties, which do hope one day to become the Government, have doubts about our criminal justice system and even sought to undermine it just to be with the popular sentiments in the Philippines. Woe be the day should they be in charge.”
“For example, in an article in The Economist, reproduced in the Sunday Times on 9th April this year, it reported that, and I quote: `Since 1976, when the (US) Supreme Court restored capital punishment after striking it down four years earlier, more than 5,000 people have received death sentences, about 2,000 of which have been set aside. Yet, fewer than 300 have been carried out. Last year, when America's death-row population swelled to just short of 3,000, only 31 condemned inmates were executed. The main cause of such inefficiencies is the appeals process, which allows capital cases to bounce back and forth between state and federal courts for years on end. The cost of all this is extravagant. Every study undertaken so far has found it far more expensive to put someone to death than to jail him for life.' Sir, do we want to repeat this costly experience for death-row prisoners here? Surely it cannot be that Singaporeans want this to happen. Earlier this year, when the British Prime Minister John Major was asked by the mother of Nicholas Ingram, a UK national on death row in a Georgia prison for a 1983 murder, to appeal to the US President for clemency, Mr Major told her that while he understood her determination to do all she could to save her son, the British Government could not intercede on her behalf as there were no proper grounds for intercession. Her son was subject to US law and the benefit of due process. Prime Minister Major has indeed acted properly. Similarly, Flor Contemplacion was subject to Singapore law and had the benefit of due process. On the same basis, other countries should respect our criminal justice system. It is not a question of "efficiency over justice", as Assoc. Prof. Walter Woon said yesterday.”
“Lim and Leong could have contrived and concocted a story to save Lim's neck. Leong might have done it because he was going to be hanged anyway. So was it possible that there might have been some incentive for Leong to do this favour for Lim before Leong went to the gallows? Well, we do not know. It would be difficult to prove this now. Lim Choon Chye's appeal to the Court of Appeal based on "new evidence" came about one month after that of Abdullah Rahman in 1994. In other words, Lim had learnt that this was one way to get a stay of execution. But both cases failed at the Court of Appeal and when their petition for clemency was rejected by the President, we no longer see any more of such cases at the eleventh hour applying for a respite. In my view, the introduction of a mechanism to allow for the re-opening of cases involving or not involving the Executive will only encourage cases like Lim Choon Chye and Abdullah Rahman to emerge to take advantage of the mechanism to frivolously delay execution. This has been the experience in the UK and other countries which have this mechanism. If there is really evidence to prove innocence, there is no reason why such evidence should come up only at the eleventh hour. For this and other reasons that I have given earlier, I see no reason to have any need to introduce a mechanism to allow the re-opening of cases. Singaporeans should really be very wary of misplaced compassion for condemned prisoners who attempt to delay their execution unnecessarily with all kinds of excuses, including surfacing "new evidence" at the last minute. This has happened in other parts of the world.”
“The Attorney-General has to convince the Cabinet and the President. Here let me just say a few words about these two cases, to put the matter in context. In the Rahman case, two persons, Abdullah Rahman and Abdul Rashid Mohammed, were jointly sentenced to death for drug trafficking in January 1993. Their petitions for clemency were rejected by the President in June 1994. Just three days before the execution, Rahman applied to the Court of Appeal to adduce Rashid's retraction of Rashid's own statement which had implicated Rahman in the trial. The Court of Appeal rejected the application. Rahman then submitted a second petition of clemency to the President on the same grounds. The Attorney-General studied the petition and advised the Cabinet that there was little or no credibility in Rashid's attempt to take the whole blame for himself. Why had he not done so during the trial? In the Lim Choon Chye case, Lim was sentenced to death for drug trafficking. While awaiting execution in prison, Lim claimed to have a chance meeting with another condemned prisoner called Leong Wing Kong, who claimed to have accompanied a person called "Ah Boon" to deposit the drugs at the flat where it was found by the police. Leong gave an affidavit to this effect. The Attorney-General studied and found that the appeal was of no merit as Lim himself had admitted to the drug trafficking during the trial and described how this was done. Lim was also found in possession of other drugs. In other words, he was guilty. All the evidence adduced at the trial weighed heavily against him. Moreover, in his own statements, Lim mentioned that he was not with anyone else except "Ah Boon". So Leong Wing Kong's name was not mentioned. Incentives sometimes exist for one prisoner to take the rap for another.”
“Not all countries have the mechanism to re-open cases to adduce new evidence after the judicial process has been exhausted. Not everyone. Malaysia and Brunei, which are closest to us and have also inherited the British legal system, do not have such a mechanism. So we must be very cautious in adopting this practice from Britain as their society has indeed changed very much in the last 40 years. Right now, I see no need to have to mindlessly follow them. Sir, the re-opening of criminal cases after the whole judicial process has been exhausted is a complex issue. Furthermore, our judicial system works, and works well. There are sufficient safeguards to prevent abuse and wrongful conviction. There is even an avenue to pardon a convicted person of the punishment meted out by the court through the petition to the President for clemency. There must therefore be a finality in the whole judicial process. To allow a convicted person to have his case re-opened would mean that in the extremes, he can do so endlessly by citing "new evidence" each time his attempt fails. For new evidence which is not available at the trial, under the current system, it is already possible for the accused to put it in his petition to the President for clemency. This avenue was adopted recently in two separate cases by the convicted persons Lim Choon Chye and Abdullah Rahman after the Court of Appeal ruled that it has no jurisdiction to entertain such applications. Dr Soin referred to these two cases yesterday. The "new evidence" of these two cases were carefully scrutinised by the Government and were found to have no merit and they were subsequently executed. Although the "new evidence" was studied by the Attorney-General, the decision did not lie with him.”
“But this is not good enough, as the people administering the system, and even judges can be corrupted. In that case, even having a mechanism for re-opening of cases will be futile as justice may not be seen to be done. Fortunately, in Singapore, we not only have a good, impartial and transparent system, but also honest and highly honourable professional people to run it. Dr Soin and Assoc. Prof. Woon have suggested that an independent panel be set up to enable the accused to bring up new evidence to prevent a miscarriage of justice. Dr Soin mentioned that UK has such a mechanism for the Executive to refer cases to the Court. According to the Report by the Runciman Commission set up to review the Criminal Justice System, the UK Government received about 700 to 800 claims of new evidence a year. The Report stated that in practice most of the claims of new evidence are not referred to the courts as they were found by the UK Government to be frivolous and without merit. It is therefore not entirely clear to me that such a mechanism really works in practice. The Runciman Report had therefore recommended modifying the existing mechanism by setting up an independent body, ie, where the Executive is not involved, to review the allegations of fresh evidence. I note that although the UK Government has agreed in principle to the setting up of such an independent body, it has yet to pass laws to give effect to this independent body. To my knowledge, no country currently provides for an independent body to screen such cases. Sir, Singapore prides itself in learning from others. We do not have an NIH (Not Invented Here) Syndrome. But we learn and adopt only what is relevant to us, what is useful to our society, and we do not blindly copy every idea, every system that others have.”
“In respect of a conviction by the subordinate court, the accused is entitled to appeal to the High Court (which in practice is presided by the Chief Justice) against his conviction and sentence. The High Court is empowered by law to review any sentence of the lower court on its own motion or upon the application of the Public Prosecutor. In respect of a conviction and sentence by the High Court, the accused is entitled to appeal to the Court of Appeal. If his appeal is dismissed, he can then petition to the President for clemency. In the case of a capital offence, the law also requires that the case be first tried or scrutinised by a magistrate to see if there is a prima facie case against the accused before he is committed for trial at the High Court. Furthermore, for capital cases, the law requires that the conviction and the sentence of death be confirmed by the Court of Appeal and by the President before it can be carried out. Where the accused is unable to engage his own lawyers to defend him in a capital case, then the state will pay for the experienced lawyers to defend his case. In a non-capital case, the accused can apply for legal aid from the Law Society. Sir, from what I have just described, Members can see that there is a host of checks and balances in the judicial process to ensure that a person is not prosecuted or convicted for an offence which he did not commit. It is a very exhaustive process. No opportunity can be missed to adduce any evidence that would exonerate the accused. However, having a good system alone is not enough. We must also have good honourable people to administer the system, namely, investigators, DPPs, judges, magistrates and so on. In some countries, they may have a very good system and a lot of checks and balances against abuse.”
“(b) For most major offences, the investigation is done by an experienced investigator in the CID. After the investigation, the investigator would send the investigation papers to his superior, ie, the OC of the Branch or the Branch Head, who is usually of the rank of DSP and above, and the case is scrutinised again by the OC of the Division in CID who is usually of the rank of Superintendent and above. In the more complex or serious cases, the personal guidance of Director of CID is sought in the process. After OC Division of CID has endorsed the Investigation Papers, the IPs are then sent to the AG's Chambers. The DPP in the Chambers will then review the case to see if there is a prima facie case against the accused. In the more serious or complex cases, the DPP would consult his superior. So for a capital offence, which some Members have expressed concern, it is not the decision of one DPP alone to decide whether or not to charge that person. Several senior legal officers would have scrutinised it before the accused is charged in court. The trial then takes place in open court. During the trial, the prosecution is required by law to prove the case against the accused beyond reasonable doubt. The accused is given every opportunity to defend himself, to be represented by a counsel at the trial, to cross examine witnesses and to call witnesses to testify in his defence. It is his duty and also the responsibility of his counsel to exercise due diligence in adducing all the evidence that they can find in defending the case. If he is convicted, then he is given the right to appeal against his sentence and conviction before a higher tribunal.”
“They were carefully considered, not for the sake of rejecting them or rebutting them but to ascertain the merits of the appeal, and the veracity of the allegation. The question is whether we should allow our judicial process to be delayed by claims of so-called "new evidence" after they have been found to be baseless. We must not forget that each capital case would have gone through a full trial and appeal process where the accused has every opportunity to cast a reasonable doubt on his guilt. He also has the right to petition to the President for clemency. There must be a finality in the whole judicial process. But yesterday Dr Kanwaljit Soin and Assoc. Prof. Woon suggested that the law should provide for the re-opening of cases based on new evidence. Before I reply to the suggestion, let me take this opportunity to briefly describe the safeguards in our judicial system, from the time of arrest, to the prosecution, trial and punishment of an offender, including the channels of appeal and clemency. Under our criminal justice system, before a person is charged in court for an offence, the police investigator is required to comply with the following procedures: (a) For minor offences, the investigation is done by the police investigator in the Police Land Division. The investigator will have to submit his investigation papers (IPs) to the Chief Investigating Officer (CIO) for supervision and direction. The CIO is usually a senior police officer with at least eight years of experience and of the rank of DSP and above. The CIO then gives his views and the IPs would be sent to the Attorney-General's Chambers for an opinion as to whether to proceed or not to proceed with the charge.”
“Similarly, section 122(6) of the Criminal Procedure Code serves an extremely useful purpose in that it seeks to prevent a guilty person from inventing his defences to surprise the Prosecution at the trial. On the other hand, an innocent person has nothing to fear. He is given every opportunity to explain his innocence. I have absolutely no doubt about the integrity and the professionalism of the CID in their investigation of murder cases or of the Prison Department in administering to the welfare of prisoners. The public also has full confidence in our transparent system of criminal justice. They know that our courts, the Police Force and Prisons Department have high integrity and are competent and impartial. Sir, these qualities are highly valued in any criminal justice system, in any society for that matter. Flor Contemplacion's case had stretched for four years, from her arrest through the investigation and trial, to her appeal and petition for clemency. Is it not strange that all this time those with claims of "new evidence" to prove her innocence did not come forward to surface this new evidence to the Singapore Government or to the Philippine authorities, so that Contemplacion's guilt can be exonerated? Why all these eleventh hour appeals? I suggest it was due to the strong domestic pressure arising from the fact that almost every Filipino family has someone working overseas, and they felt that their government should do more to help in the welfare of the four and a half million overseas contract workers. Notwithstanding the last minute nature of these appeals, the Government took each appeal and every allegation very seriously.”
“Our courts have performed their duty without fear or favour. If the accused's statements are inadmissible because they were made under duress, the court will certainly reject them. The standard of proof that the Prosecution has to discharge is a very high one. Our judicial system is a transparent one. Every decision made by a High Court Judge in a capital offence is supported by grounds of decision which are then reduced to writing and made accessible to the public, so that they may know why the Judge decided the case the way he did. If there is an appeal, his grounds of decision would be subject to the most intense scrutiny and criticism by the appellant's counsel, and examination by the Court of Appeal whose decision is also reduced to writing and made accessible to the public. In other words, the whole judicial process is absolutely transparent. In the Flor Contemplacion case, it was alleged that the Police had used coercion and threat to extract confessions from her. It is not unusual for defence counsel to cast doubts on the voluntariness of statements taken by the Police from the accused. When this happens, the court will then conduct a "trial-within-a-trial" to establish the voluntariness of the accused's statements. This was done in the Contemplacion case. The court found that her statements were given voluntarily and therefore admissible as evidence. Sir, our criminal justice system balances the right of an accused person to be given a fair trial with the right of the State to devise procedural rules to ensure that those who are guilty will not get away scot-free and take advantage of the law. Hence, a suspect has no inherent right to have his lawyer present when the Police questions him.”
“Instead, they complimented Dr Wee's autopsy, saying that it "was performed professionally in a thorough, competent, and objective fashion, and was correct in its findings and conclusions." As the joint autopsy had failed to produce any accord between the two sides, both countries have now agreed that the issue be referred to a third party panel of overseas experts. We have received the names of the experts more than a week ago and now we are still waiting for an agreement on which experts to choose. Sir, it is important for us to understand how the Police goes about its investigations. Police investigative procedures are governed by the Criminal Procedure Code. It is in the interest of the Police to ensure that nothing is amiss during investigation or interrogation that could jeopardise the Prosecution's case. At the same time, we must also understand that no offender volunteers information which will incriminate him or her. Interrogations by the Police are not invitation to tea parties. But the Police is well aware that any statement made as a result of inducement, threat or promise will be challenged in court. Ultimately, it is the duty of the Court to decide whether statements given by an accused to the Police were voluntarily given. So I do not agree with the suggestion by Mr Imram that you need to have videotaping and you need to have a witness present. In fact, in the case of Contemplacion, when her statement was taken, a staff from the Philippine mission was there as an interpreter. If you have all these proceedings taped, there is no guarantee that nothing will go wrong. After all, it is the person who does the job that you must trust. And if the evidence collected is not adequate, it can be challenged in court.”
“However, the other three ribs are from a level below the 8th rib. The curvature of the ribs and the width of their anterior ends indicate that these ribs are most likely the right 9th, 10th and 11th ribs. The left rib is most probably the 10th or 11th rib. When these designations were shown to Professor Bailen, he expressed no disagreement or rebuttal. The ribs showed warping and destruction of areas of bone cortex (cortical exfoliation). We observed no antemortem fractures. Dr Nieto Salvador stated on two occasions that the bones had been boiled in a solution of sodium hydroxide. Sodium hydroxide and potassium hydroxide, even in dilute solutions, soften bone cortex and cause cortical destruction and warping (if pressure is applied to the bone while the cortex is soft from the chemical action). The inner or outer cortical surfaces of the damaged ribs failed to show the continuous damage that should be present in peri-mortem rib fractures, greenstick or otherwise. In our opinion, damage to the ribs resulted from post-mortem events, particularly the imprudent use of caustic chemicals. The damage to the right scapula was also caused by post-mortem cortical destruction. The videotape of the opening of the tomb of Della Maga showed a chaotic scene with no reasonable control of the evidence. The remains were being retrieved by numerous persons, without any systematic sequence of the skeletal parts. ' There is a Chinese saying to this. It is lao luan gu tou, [ ]. The three American consultants also said that there was no evidence to suggest that Della Maga had been killed by a person stronger than a woman, or a woman skilled in martial arts.”
“They met with the NBI physicians and their consultants for about four hours. Together, they examined and discussed about the photographs, the original autopsy report of Dr Wee, the exhumation autopsy report by the NBI, the videotape of the exhumation autopsy done by the NBI, various other written materials, and the post-mortem X-rays of Della Maga. Following this, they carefully examined some of the bones of Della Maga. What are they? The upper parts of the skull (cranium), the two shoulder blades (scapulae) and five ribs (four right and one left). The Singapore pathologists and the consultants were not shown the rest of the bones, the remaining "evidence", because they have been reburied. "It is very odd", was the comment of the consultants. One wonders why the other remains of Della Maga, except the eight pieces of bones, were not made available for examination. The three American consultants have now submitted their detailed report to the Singapore Government. And among other points, they have confirmed Singapore's findings that Della Maga died as a result of asphyxiation due to ligature strangulation; there were no fractures in the skull, shoulder blades nor were there any ante-mortem fractures of the five ribs and that all the damages were post-mortem in nature. Sir, allow me just to quote some parts of the consultants' six-page report: `The ribs, reported by Dr Reyes and his colleagues to represent the right 5th, 6th, 7th and 8th ribs, and the left 8th rib, have clearly not been correctly numbered. While four of the ribs are from the right side and one from the left side, their true anatomical numbers are significantly different than those designated by the Filipino doctors. One rib, which is missing its vertebral and, is possibly the right 4th or 5th rib.”
“Moreover, photographs taken during the autopsy did not show any bruising in the areas mentioned in the NBI report to indicate the presence of the injuries. The NBI experts, however, subsequently backtracked on their version of what caused Mrs Maga's death after Dr Wee and Prof. Chao Tzee Cheng, our Director of the Institute of Science and Forensic Medicine, rebutted the NBI's findings, and backed them with photographic evidence. They finally conceded that Mrs Maga was strangled to death, although they continued to maintain that she was probably killed by a man. The Singapore Government, which until then had been acting with restraint in responding to the wild allegations reported in the Filipino free press - some call it "the flea press" - had no choice but to categorically reject the findings of the Gancayco Commission on 10th April 1995. The next day, the Government issued a detailed reply to rebut every lie and every allegation in the report. Although the Commission's report and findings are baseless and frivolous, the AG's Chambers and the MHA departments studied every point, investigated every allegation and dealt with each of the findings thoroughly and effectively. In fact, a week ago, the former Foreign Secretary Romulo made some scathing remarks about the competence of the Cancayco Commission. I do not want to go into them as Dr Soin has already quoted them. These remarks are indeed very strong, coming from someone who knows the machinations of the Filipino system. After the Gancayco Commission's report was published, and at the request of President Ramos, Singapore agreed to a joint examination of the exhumed remains of Della Maga. On 19th April, Prof. Chao and Dr Wee flew to Manila accompanied by three American consultants.”
“They involved the placing of wire leads onto the head to detect the brain activities in order to establish her psychiatric stage. There is no electric shock. There is no pain. Contemplacion was given medication for headache and sore throat. She was not given any medication before each hearing. And the allegation that she was tortured in a "coffin lined with dry ice" is just as preposterous as the allegation of rape in a women prison run entirely by women. Sir, we asked the Gancayco Commission for copies of the Exhibits, which I have just mentioned, particularly the one where they referred to the incident of rape so that we can compare them with the letters that we have. The prison authorities keep all these letters and we have more than 70 of such letters. To date, we have not seen any such exhibit from the Commission. Do they really exist? The Gancayco Commission also heard testimonies from Dr Alberto Reyes, Acting Chief of the Medico-Legal Division of the National Bureau of Investigation (NBI) and Dr Maximo Reyes of NBI. Both are acknowledged by the Commission as "expert witnesses" with "extensive experience in forensic medicine". These two expert witnesses testified that: `Maga sustained several fractures in her skull, her shoulder and her rib cage, and considering the force employed by her assailant, her injuries were inflicted by a man or a very strong woman, and could not have been inflicted by Contemplacion.' Sir, all these findings or statements are at odds with the autopsy done by Dr Wee Keng Poh, our Senior Forensic Pathologist. Dr Wee determined the cause of death to be asphyxiation due to strangulation. He did not find any head or chest injuries that could have caused Mrs Maga's death.”