Zhulkarnain Abdul Rahim
Singapore
“As a society, we need to ensure that no family is trapped by their circumstances, no child is defined by their starting point, no potential goes unrealised and no hope beyond reach. This is not just a social policy; it is a moral responsibility.”
“Will the Ministry set up clear timelines, audit and review mechanisms and public reporting expectations for these enhancements, so that agencies are held to consistent standards across, and families can have this confidence and trust, especially in suspected child abuse cases, so that they are not missed or delayed in reporting?”
“Thank you, Mr Speaker. And I thank the Minister. I had a supplementary question on humanitarian aid assistance and I am heartened to hear that Singapore will continue to work with the international bodies, and at the same time maintain the safety of our humanitarian workers there.”
“Thank you, Sir. I thank the Minister for the Statement. I do agree that identity politics would be disastrous for Singapore, especially minorities. And I thank him for the Statement.”
“Sir, I thank Minister Josephine Teo, Minister of State Faishal Ibrahim and Minister of State Sun Xueling for laying out the clear and comprehensive plans and priorities for MHA.”
“Sir, I thank Minister Edwin Tong and Minister of State Murali Pillai for their clear clarifications and plans for MinLaw and for our fellow Singaporeans. Sir, the law is the tool, but justice is the ideal. I thank the staff and officers of MinLaw for making access to justice the ideal for our Singaporeans.”
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“Transparency, accountability and public awareness are the cornerstones of these legislative efforts and our Bill today is part of this global movement to safeguard the integrity of elections. Nevertheless, I have a few clarifications. My first, on defining the election period, the Bill targets deepfake deployed during the election period. However, what exactly is the election period is not so clearly stated. I heard Minister Josephine Teo stating in the Second Reading speech earlier, that the election period begins from the issuance of the rate of elections until the close of polling day. This clarification is welcome as I believe that the Bill itself does not define the election period and it is somewhat unclear in the Parliamentary Elections Act which only defines the postal voting period. I welcome the clear and certain timeline that the Bill seeks to address, which is within the election period only. This prevents overreach beyond the election period. While we must act to prevent malicious use of deepfakes during elections, we have other tools, such as defamation laws, the Protection from Online Falsehoods and Manipulation Act, or POFMA, and the Online Criminal Harms Act, or OCHA, to address such issues and deepfakes in non-election context. We should avoid chilling free expressions of speech outside of election periods. Hence, I thank the hon Minister for her assurance just now during the Second Reading speech. The second clarification is on the disclaimers for AI-generated content and satire. The Bill rightly offers some defences for those accused of spreading deepfake content.”
“The speed at which manipulated content can spread on social media only increases the risk of potentially influencing a large portion of voters before the information's authenticity can be verified. This erosion of trust is dangerous as it weakens the foundations of a fair and transparent electoral system. Everyone should be concerned and vigilant about this threat because it has the power to distort truth in ways that are difficult to detect and refute. In an electoral context, this could mean voters making decisions based on falsehoods or maliciously wrong content. As Singaporeans and concerned members of the public, we must be cautious about the information that we receive and share, especially in the digital space. Critical thinking, media literacy and verifying the authenticity of content before sharing are key responsibilities that we should all shoulder in facing this ever-growing threat. To protect against the dangers of deepfakes, the Government, technology companies and individuals need to work together. Legislative measures are in place to address false content during elections and ensure that those behind such malicious actions and intentions are held accountable. Social media platforms must enhance their ability to detect false or misleading content. At the same time, public awareness campaigns can help educate citizens on how to recognise manipulated media content. Through vigilance, legal protections and responsible content sharing, we can safeguard our democratic system from treacherous elements seeking to mislead and divide our people through technologies like deepfakes. This is the purpose of this Bill. (In English): Mr Speaker, Sir, these developments reflect a growing international recognition of the dangers deepfakes pose to electoral processes.”
“Mr Speaker, Sir, I rise today to express my support for this timely and necessary Bill, which seeks to address the growing threat posed by deepfake technology, especially in the context of elections. As we stand at the intersection of rapid technological advancements and evolving societal dynamics, it is crucial that our legal framework keeps pace with the changes in the world – in terms of changing technology, information dissemination and diverse electorate. Countries around the world have begun taking legislative steps to combat the potential misuse of deepfake technology, particularly in electoral context. The US, for example, has seen various states introduce Bills aimed at regulating deepfakes, especially during election periods. Some states have enacted laws that prohibit the use of deepfakes to deceive voters, particularly close to elections. Similarly, the federal government has started considering regulations focused on transparency and accountability in political advertising. Meanwhile, the United Kingdom (UK) has been exploring the implications of deepfakes on democracy, suggesting that existing laws on misinformation need to be updated to specifically address deepfakes, with a focus on protecting electoral integrity. Mr Speaker, Sir, allow me to speak in Malay. (In Malay): [Please refer to Vernacular Speech.] Deepfake technology poses a significant threat to our democracy and electoral process by creating realistic but false content that can mislead voters, distort public opinion and undermine confidence in the validity of elections. Through audio and video manipulation, deepfakes can be weaponised to spread misinformation, damage reputations and sow confusion during critical moments in elections.”
“Thank you, Deputy Speaker, Sir. I thank you the Minister for the clarification. Some of our Choa Chu Kang residents are Income policy-holders and they have expressed concern, and are grateful to the Government that they have looked into this and deemed that the transaction in its current form is not in the public interest. I have two questions. The Minister mentioned just now that the Government intervened in this transaction but has not closed the doors to any potential other restructuring of the particular deal. So, my question is whether or not Income can find new partners or is it open to Allianz to restructure it and come back with future proposals? The concern is because Allianz is a foreign company and it is not the basis that just because it is an offer from a foreign company that we are intervening. My second question is on the Government's commitment to support co-operatives as social enterprises. I cannot agree more that they need to do well in order to do good. Quite apart from Income, are there any other co-ops in Singapore and how are their objectives supported? And the Minister mentioned the Co-operative Societies Liquidation Account, the CSLA. May I know what that account is for?”
“Thank you, Speaker. I thank the Minister and our Ministry of Home Affairs (MHA) and ISD officers for the swift actions taken. I have two supplementary questions. Firstly, on exploring new technologies to help our ICA security officers at the borders, according to international studies, on the average, typically, border security officers have about 12 seconds to decide whether the traveller is allowed to cross the border. Can the Minister explain how MHA is committed to continue adopting artificial intelligence (AI) or new technologies like gait recognition technology, the way we walk, or reverse facial recognition tools to detect someone? Secondly, I understand that further investigations are ongoing for this particular case. But for context, do Bangladeshi nationals visiting Singapore require visas and letters of introduction (LOIs) from a local contact here and also go through a list of authorised visa agents there? Given this incident, would MHA investigate the local contact on the LOI issued, review the process of the list of authorised visa agents and perhaps require biometric data to be provided and review, generally speaking, the process for visa applications?”
“Back in 2017, in my voluntary role with the self-help group AMP Singapore, we collaborated with Free Food For All to distribute over 9,000 meals to under-privileged households. It was a record number at that point in time. Free Food For All’s founder, the late Mr Nizar Shariff, was a Singaporean of the Year finalist and a winner of the President’s Volunteerism and Philanthropy Awards. Mr Nizar passed away last year. I believe that this Bill represents a significant step forward for us to create more such individuals in our society in fostering a more caring and supportive community, where individuals and organisations can come together to make a positive impact without fear of criminal or civil liability from the donated food. Let us embrace this opportunity to extend a helping hand to those in need and create a stronger, more compassionate society for all. Sir, notwithstanding my clarification, I stand in support of the Bill.”
“However, prudent parties may still wish to take certain precautions, such as obtaining waivers or disclaimers of liability from consumers, seeking indemnity from donors, conducting due diligence on donors where possible and providing training to volunteers and raising awareness among beneficiaries regarding the donated food. It is crucial to strike a balance between responsibility and philanthropy. In this regard, I have a clarification. Clause 4 of the Bill excludes civil or criminal liability in respect of any death or personal injury that results from the consumption of the food. However, section 2C of the Sale of Food Act's definition of unsafe food, which definition is imported in this Bill, uses the phrase "cause illness or injury or other physical harm to a person". Given this disparity in the definitions used in the Bill as compared to the Sale of Food Act, is the Bill's scope narrower, focusing solely on death or personal injury, or should it also encompass illnesses or other physical harms as envisaged under the Sale of Food Act? This clarity is vital to prevent any ambiguity or disputes in the future. Based on the current definition used in the Bill, any illness caused by the consumption of the donated food may not be caught under the Bill. If the intent in this Bill is to be consistent with the Sale of Food Act, then may I suggest importing the same phrasing used in section 2C of the Sale of Food Act within the Bill, meaning to cover "any illness, injury or other personal harm or death" that results from the consumption of the donated food. Mr Speaker, Sir, before I end this speech, I echo Mr Louis Ng's gratitude to the countless people and organisations who have supported in the process of the tabling of this Bill.”
“Previously, mosques that receive food donations would require donors to fill in their details in a form and require them to sign an indemnity form, so that the mosque and volunteers will be released from any claims for damages should anyone fall ill after eating the donated food. However, that does not release them from any criminal liability. Hence, this Bill is expected to encourage even more donors and organisations to donate food because donors will have immunity from any civil or criminal liability. We will also hope to encourage the habits of food savings. (In English): Speaker, in Keat Hong Chua Chu Kang, we receive many generous donations and contributions of food by kind-hearted individuals who want to give back to society. These come from individuals and also food rescue from the nearby farms in Keat Hong. Some of them take time to cook each month, specially for this. Take, for example, Mr Ong, a hawker from Teck Whye market who uses his time off to cook vegetarian bee hoon, which we distribute to residents monthly. Mr and Mrs Song, hawkers from Boon Lay, who contribute packets of chicken rice during our People's Action Party (PAP) branch’s free monthly haircut sessions for seniors in Keat Hong. These efforts have been ongoing in the town for years. They do this out of the kindness of their hearts but they face the potential risk of liability. It is time for us to repay their kindness. While we welcome this Bill with open arms, it is essential to recognise that it is not a cure-all solution. One notable inclusion in the Bill is the exclusion of criminal liability, allowing Good Samaritans to step forward and organisations to do more for the community.”
“Mr Speaker, Sir, I stand in support of the Bill and I applaud the efforts of hon Members Mr Louis Ng, Ms Poh Li San, Ms Hany Soh and Mr Edward Chia for advocating the timely support of this crucial Bill that holds significance for our society and community. This Bill presents us with the opportunity to make a meaningful impact, particularly in the realm of community support and philanthropy, to encourage food rescue and food donation without the risk of criminal and civil liability for donors. Allow me to speak in Malay. (In Malay): [Please refer to Vernacular Speech.] One major aspect that is addressed by this Bill is to facilitate the processes for food contribution and donation, especially during events and important dates such as the month of Ramadan, the Prophet Muhammad's birthday and the Islamic New Year, when many generous donors will donate food for the congregants in the mosques and our community in general. Our mosques, madrasahs and Muslim welfare bodies currently play an essential role, such as preparing dishes for the breaking of fast and pre-dawn meals. Many generous Singaporeans are also keen to donate in kind or spend their time cooking for the needy. One inspiring example comes from the Al Firdaus Mosque located in the Keat Hong area. This mosque has consistently and tirelessly provided and served pre-dawn meals or meals for the breaking of fast for thousands of foreign workers living in the dormitory at Lim Chu Kang, which is near the mosque. During each Ramadan too, the M3 network in Chua Chu Kang collaborates with the mosque to mobilise the manpower to distribute porridge that was donated by the public regardless of race or religion. I have visited the mosques in Chua Chu Kang and all of them welcomed this amendment Bill.”
“If Singapore has a similar lever, then such assets that have been pledged or donated to charities that are recognised and accredited in Singapore can also stand to benefit those charities, assuming that the charities played no part in the commission of the offence. Mdm Deputy Speaker, notwithstanding the aforesaid clarifications, I stand in support of the Bill.”
“The amendments bring the position in line with the common law principle in AB Partners Pte Ltd v PP. In any case, the common law principles of presumption of advancement or gift still apply to family members like spouses or children. Hence, it is incumbent upon this group of third parties to prove that if the assets are not gifts, how are they able to afford the assets with regard to their own income, revenue or savings. This is only fair. I do have a small clarification in this regard. In law, there is the concept of "equity's darling" – a bona fide purchaser for value without notice. Hence, family members or friends who are truly not proxies need not fear this amendment if they can show how they gave value to the acquisition and how they came into ownership of such asset. However, what about gifts or donations made or pledged to charities or foundations with a social cause? Will such assets be clawed back, given that they are linked to the absconded persons? In this regard, I have a suggestion. In a previous response to the Parliament, MHA has explained that the forfeited assets and cash will go to the Consolidated Funds. Perhaps, we can set aside a portion of such forfeited assets to be put up to benefit the larger community by establishing some criteria or guidelines. For example, in Australia, the Proceeds of Crime Act 2002 establishes a scheme to confiscate proceeds of crime and allows for such confiscated funds to be used to benefit the community. Under section 298 of the Australian Act, confiscated proceeds of crime can be reinvested in programmes for relevant purposes, including crime prevention and law enforcement. There is also a call for a grant to be provided for deserving programmes under such a scheme.”
“Fourthly, the prerequisite to such early sale is that the asset may depreciate in value or undue costs will be involved in the maintaining of the property and that the sale will be in the interests of justice. Hence, will the relevant law enforcement agencies consult industry valuation experts who are familiar with such properties or assets to determine the risk of depreciation? Fifthly, what are the safeguards to ensure that the sale of the seized assets is for the right value and made to genuine purchasing parties. For example, in the standard Sheriff’s Condition for Sale of vessels, the Court's approval will be required to sanction any accepted bids below the appraised value. Lastly, what are the safeguards to ensure that the value of the seized assets continue to be protected even after the sale order has been made? For instance, it will be better to approach a calibrated sale rather than flooding the market with many items, all being put up to auction all at once. Alternatively, married deals through specialised auction houses for a specific group of accredited bidders, can be made to ensure the exclusivity of the offer and higher bid returns. Next, on third parties' claims to properties linked to absconded persons. Usually, the perpetrators not only mask their illicit activities and transactions through layering of transfers and transactions but also through putting such assets in the names of proxies like family members or friends. Hence, I welcome the amendments to the CPC to tighten the criteria of any ownership claims by third parties over assets linked to absconded persons. No longer can such parties hide behind the excuse that these ill-gotten gains are gifts made to them.”
“All of these means more costs and risks will be saddled on the arresting party. We cannot have the same situation saddled on our law enforcement agencies as this will be a burden on taxpayers. For specialised items that are being seized, they also may require special storage with the right temperature and humidity conditions to ensure that the value and veracity of the items are preserved. Handbags, watches and other high luxury items fall into such category. I have six clarifications. Firstly, how much has been spent by MHA annually to preserve or maintain such seized items? What is this in terms of percentage of the value of the seized assets? Will MHA look at setting a standard threshold set for the costs of maintenance in terms of percentage of the value of the seized assets, beyond which it will be unfeasible to continue to retain those assets under seizure because this then will provide clear guidance? Secondly, I understand that the CPC and CDSA will be amended to allow the Court to order the sale of the seized or restrained property without the consent of all parties involved. However, what are the safeguards to balance the rights on interested parties in the assets? For example, will ample notice be given by way of advertisement to ensure that any interested parties can attend the Court hearing to be heard before the sale of the assets? Thirdly, before determining that such assets can be sold, what are the steps that can be taken to ensure that any evidential value from the property or asset has been extricated and preserved? For example, through the cloning of any metadata, photographs and videos of the assets, anything and everything that may have evidentiary value to the investigations must already been taken, before such assets can be sold.”
“Firstly, I understand that there is still a requirement to prove whether or not the subject was involved in the financial or property transfer. May I confirm that this is still the burden of proof for the Prosecution to discharge? And that it is not presumed that the accused is in receipt of illicit funds just because the last transfer of monies went into his or her account. Secondly, what level of involvement would the subject have to be, in respect of the transfer? Is this to be referenced similarly to an objective test as to whether or not he or she ought to have known that such monies were criminal proceeds? Next, I welcome the amendment to allow for the early sale of seized properties. This is especially important for seized assets like vessels or specialised items. In my previous experience as a maritime lawyer, I arrest vessels to secure maritime lien and admiralty claims on behalf of clients and if no release has been made, then through the Sheriff, the arrested vessels will be put up for sale. However, the process will be long and expensive. While the vessel is still under arrest and if the owner has abandoned the vessel, the arresting party has to foot the bills for the wages and sustenance of the crew, security guards, repairs and maintenance, bunkering costs, insurance coverage, port dues, and many other expenses. And the longer the vessel sits under the arrest, the higher the exposure of liability on the arresting party. For instance, in one case that I had, the Master or the captain of the vessel, fell and suffered a chipped tooth and needed medical attention. In another case, a homesick crew with special extenuating circumstances had to be repatriated and change of crew had to be made.”
“Mdm Deputy Speaker, I rise in support of this Bill. Singapore has a comprehensive Anti-Money Laundering Regime centered around the three pillars of prevention, detection and enforcement. This Bill helps us to continue to be responsive to new threats in the future that threatens the status and confidence in Singapore as an international financial hub. My speech is focused on the amendments: firstly, to remove the requirement to trace back the assets or proceeds as benefits of criminal conduct overseas; secondly, the early sale of seized assets; and lastly, tightening the criteria for third parties to claim assets linked to absconded persons still under investigations. On the first amendment, the law as it currently stands requires the Prosecution to prove that property or assets are benefits of criminal conduct. This is quite difficult to do especially in sophisticated financial transactions, with layers after layers of sophisticated transactions, across various jurisdictions and split over different amounts. Some are even converted into other types of assets to further mask the transactions. It will be tough to conduct the tracing exercise to the predicate offence which usually occurs overseas. In fact, even if the account or asset holder admits that he or she has acted as a money mule or has given up control of the account to receive and transfer such illicit funds, that alone may not be enough to prosecute. As such, I welcome the amendments to remove this requirement. Jurisdictions like Hong Kong, Canada and Australia have already done away with such requirement to prove that the property or asset in question came from or are benefits of the criminal conduct. However, I have some clarifications and suggestions.”
“Speaker, I thank the hon Minister for the response to my question. Two supplementary questions. Firstly, the recognition of a state is not merely a diplomatic exercise. It entails legal implications as well. Under international law, there are conditions for the recognition of a statehood. So, has the Ministry conferred with the Attorney-General and Ministry of Law to assess whether Singapore would be ready to recognise a particular state and whether that state fulfils those conditions of being recognised as a state under international law, because it has repercussions on international treaties and other enforcement of court orders? The second supplementary question is: with the Minister, we visited our officers in the Ramallah Representative Office and met participants from the ETAP batches and they are all very thankful for the Singapore Government's support. My question is: if Singapore recognises the Palestinian state right now, what kind of further support to the Palestinian Authority could Singapore provide which we have not already provided or are unable to provide right now?”
“Thank you, Speaker. And I thank the Senior Parliamentary Secretary for the answer. I think most of my supplementary questions have been answered, but just one more. I spoke about this in Parliament in one of my speeches in the Committee of Supply. There is a strong link between vaping and cannabis abuse. In Canada, 29% of cannabis-using individuals aged 15 years or older indicated that vaping is their preferred method for cannabis use. Will MOH conduct a study on this link and risks in terms of the usage of vaping and drug abuse?”
“Specifically, just on embassies. So, specific to embassies' posts.”
“Thank you, Sir. I thank the hon Minister for the response. I agree with the Minister's statement that such offensive posts put all communities at risk, including our Jewish community here. I have two supplementary questions. Firstly, in such conduct of online posts, how can MHA ensure that such postings, if deemed offensive, can be taken down swiftly and urgently, given the sensitive nature of such potential postings? The second supplementary question is how do we ensure, assuming diplomatic immunity in future cases are waived, that due process in open court can be dealt with sensitively, given that it may play out in the court of public opinion and escalates certain tensions or emotions on the ground?”
“Thank you, Speaker. I thank the Senior Parliamentary Secretary for the answer. Of the 20,000 households not in public rental housing and receiving ComCare, how many are there not already enrolled in KidSTART, UPLIFT or Project DIAN, and what are the plans to engage these families in order to extend ComLink+ to them?”
“Question No 9, Sir. The Senior Parliamentary Secretary to the Minister for Social and Family Development (Mr Eric Chua) (for the Minister for Social and Family Development): Sir, around half of households that received ComCare support in 2022 and 2023 did not reside in public rental housing. This translates to about 20,000 households. Many of these received Short- to Medium-Term Assistance, and may have been going through a temporary setback in life. In addition to families with children residing in public rental housing, the Ministry of Social and Family Development (MSF) will also offer ComLink+ to lower-income families that are not residing in public rental housing but who are eligible for KidSTART or the UPLIFT Community Network. We aim to reach 3,000 such households over the next three years. Like other ComLink+ families, these families can be offered the ComLink+ Progress Packages if they take active steps towards securing a better future for themselves. ComLink+ represents society’s determination and good intention to uplift our lower-income households and to ensure no one is left behind as Singapore progresses. MSF’s focus during the three-year pilot is to make sure that we translate intentions into concrete and significant results for these families. Only then would we consider if ComLink+ should be expanded further to cover other groups of lower-income families.”
“Thank you, Chairman. I have a question on wakaf for the Minister. In 2021, MUIS disbursed a total of about $4 million as wakaf proceeds. About 28% went to overseas beneficiaries. Maybe this is due to legacy or original terms of the wakaf, some set more than 100 years ago. In some of these cases, you may find it challenging to find the beneficiaries and locate the rightful heirs to the wakaf. So, I have two questions. Firstly, does MUIS continually review the list of wakaf, especially for those with overseas and foreign beneficiaries, to make sure that they are up to date? Secondly, for such wakafs with no clear beneficiaries, will MUIS review or consider measures, for instance, to pass fatwas to bring more of these wakaf assets onshore and benefit our local Muslim community?”
“Internationalising our Halal Products (In English): The global halal market is projected to cross US$2.8 trillion by 2025 and Singapore is currently ranked seventh on the global Islamic economic indicator. There is thus a huge growth potential opportunity in this sector. Singapore recently signed Memorandums of Understanding (MOUs) to mutually recognise halal certificates with Saudi Arabia, the United Arab Emirates (UAE) and Jordan. These MOUs are significant for Singapore as it not only paves the way for Singaporeans to benefit from a wider range of halal-certified products entering our market but would also allow Singapore companies to bring their local halal-certified products overseas. Can the Minister elaborate on the significance of these halal internationalisation efforts for our minority Muslim community's success? And what are the plans that MUIS may have with Ministry of Trade and Industry or Enterprise Singapore to get more businesses from Singapore to take full advantage of such agreements? Besides this, there is also a potential to deepen expertise and skills among our community. In November last year, at the 20th Informal Meeting of Menteri-Menteri Agama Brunei Darussalam, Indonesia, Malaysia, dan Singapura (MABIMS) in Singapore, an MOU, was entered on the exchange of research and studies on sharia, science and technical aspects in the development of halal-related fields. Can the Minister share any plans to encourage more of our asatizahs and madrasah students to pursue such expertise in the halal industry?”
“Chairman, in Malay, please. (In Malay): [Please refer to Vernacular Speech.] I have spoken previously about an ecosystem to develop wakaf in Singapore through a comprehensive dispute resolution framework. I am glad that this suggestion is being considered alongside more innovative plans for wakaf in Singapore. The Mosque Wakaf Investment Plan (MoWIP), which was launched in 2022 with mosques in the West District, is an example of an innovative investment to generate good returns. The AMLA was recently amended to enable MUIS to create the WMS. The WMS will provide a sustainable source of revenue to support the socio-religious needs of our community in the long run. According to MUIS' Annual Report, the total wakaf assets in Singapore is close to $1 billion. The World Bank estimates that the value of wakaf assets globally has reached $100 billion. Therefore, we should consider how to make the institution of wakaf in Singapore more attractive. Currently, the income generated from wakafs vested in MUIS are exempted from the Income Tax Act. However, can MUIS, together with the Ministry of Finance and the Inland Revenue Authority of Singapore, consider appropriate tax regimes that will incentivise Singaporeans to establish wakafs and attract foreign wakafs to relocate to Singapore? In respect of the WMS, I would like to ask the Minister whether he can share the plans to build up the WMS corpus to prepare for our future needs? Minister had also shared in his speech at last year' Hari Raya Get-Together that some in the community have pledged contributions to WMS. Can Minister provide an update on the status of pledges received so far? And what are the plans to encourage our community to pledge and continue to contribute to the WMS?”
“I thank the Second Minister for the answer. Peribahasa has a unique philosophy and rich heritage within us and there are lessons passed on from one generation to the next, promoting keen observation and critical thinking. So, I would like to ask the Second Minister, notwithstanding that it is not being examined in the exams and still being taught in the lessons, what other ways are there for schools to inculcate the spirit of using Peribahasa and promoting critical thinking among our students in their daily lives, perhaps in a literary event among schools?”
“Access to Justice and Conditional Fee Agreements The Conditional Fee Arrangements (CFAs) amendments have been extremely helpful in providing access to justice in arbitrations and other settings. In Singapore, CFAs offer an alternative fee structure, allowing individuals to pursue legal action without the burden of upfront costs. By removing financial barriers, individuals who might have hesitated to pursue legal action due to costs, now can seek justice without fear of exorbitant fees. This inclusivity enhances the fairness and equity within our legal system. Moreover, CFAs encourage lawyers to carefully assess the merits of a case before taking it on. This not only improves the efficiency of the legal process but also contributes to the overall integrity of our system. Singapore has implemented safeguards, to ensure that cases pursued under CFAs are grounded in legitimacy. Overall, this is good to increase access to justice for litigants and increase our attractiveness as a dispute resolution hub. Recent amendments have also improved such access whether through legal aid for civil matters or the PDO or the CLAS for criminal matters. May I seek an update on MinLaw's efforts to enhance access to justice for (a) litigants with limited means, through the extension of CFAs perhaps; and (b) persons requiring legal aid and assistance in civil and family law matters?”
“Chairman, in 2022, SIAC received 357 new case filings. Although the full figures for 2023 has not yet been released, just in the first quarter of 2023, new case filings at SIAC were at a historical high, with 332 new cases filed. In 2022, 88% of new cases filed at SIAC were international in nature. Our SICC in the Supreme Court has also been attracting more international case filings. Its standalone set of procedural rules are a gamechanger in the international dispute resolution landscape. They provide expeditious and efficient administration of justice and procedural flexibility through fair, impartial and practical processes. This is important to parties facing the fast-changing needs and realities of international commerce. In this competitive global landscape, we must continue to strengthen Singapore's position as a leading international legal services hub and seize new opportunities and uphold our reputation as the preferred dispute resolution forum and also leverage on new ways to increase efficiency for the resolution of such disputes. What is MinLaw doing to strengthen Singapore's leading legal and dispute resolution hub status, including supporting the legal profession and harnessing technology, for instance data analytics and Generative AI? Besides litigation and arbitration, our position straddles both the cultures of both east and west, which can help us play a part in the international mediation scene. Can MinLaw update on the role of the Singapore Convention on Mediation and how that has helped the international mediation scene in Singapore? What further improvements of the international arbitration framework can be expected to enhance our dispute resolution hub status?”
“At the same time, for those who have fallen to the trap of drug abuse, we need to help our desistors in terms of emotional, financial and social support so that they can remain steadfast in their path towards recovery, rehabilitation and reintegration; and not fall towards recidivism and fall back to crime and drugs. What are the ways that MHA have undertaken together with community partners and YRSG to ensure better outcomes for desistors and keep our guard up to prevent the increase in drug abuse in Singapore and fellow Singaporeans? Rise of Drug Use and Scams”
“In light of the increased risk of foreign influence and the global uncertainty, what is the outlook of national security in Singapore; and what are the ways in which MHA will or have undertaken to ensure that our national security, social cohesion and racial harmony are preserved while – at the same time – allowing for well-intentioned Singaporeans who resonate with increasing humanitarian causes around the world to have a safe platform in Singapore to channel their efforts and resources towards constructive narratives and initiatives? Supporting Desistors Combating Drugs In recent years, there is a concerning trend globally of increasing lax attitudes towards drugs among youths. Despite Singapore's strict anti-drug policies and extensive educational campaigns, we need to safeguard against this attitude creeping among our younger demographics. Factors, such as peer influence, social media glamorisation and a perception of drugs as recreational substances rather than harmful narcotics, contribute to this worrying shift in attitudes. The rise of online platforms and social networks groups on Telegram channels for instance, has facilitated the dissemination of pro-drug messages and normalisation of substance abuse – posing a significant challenge to Singapore's efforts to maintain a drug-free society. Previously, I spoke in this House on how – globally – drug cartels and certain drug lobbyists are specifically targeting youths and young professionals. We need to remain vigilant.”
“Mdm Chair, this year marks more than two years since the Ukraine war began. It is also coming into the fifth month since the war and humanitarian crisis in Gaza unfolded. Wars are not just between physical combatants, but the battlegrounds are increasingly fought in the cyberspace as well to capture the minds and hearts. There is thus possibility for disinformation campaigns by non-state actors which aim to destabilise and sow divisions in societies. Singapore's susceptibility to foreign influences and fake news is a pressing concern – particularly in the context of such global conflicts. As a multicultural and globally connected society, Singapore is inevitably exposed to diverse perspectives and information from around the world. While this openness is a strength, it also renders us vulnerable to misinformation, manipulation and divisive narratives propagated through various channels, including social media and online platforms. There are also false foreign donation campaigns in the guise of humanitarian campaigns that may take advantage of the generosity of Singaporeans. It becomes imperative for Singaporeans to exercise critical thinking, verify sources and seek balanced perspectives to navigate the influx of information responsibly. I want to thank our MHA security officers who have worked tirelessly day in and day out to monitor our regional and national security situation and keep us safe.”
“The global economic outlook is increasingly uncertain. Since COVID-19, many countries have begun to reconfigure their economic strategies to shield themselves from external shocks. Practices such as "near-shoring" have disrupted the established global supply chains. Singapore must remain adaptable and find new ways to enhance our economic resilience. We should strengthen cooperation with new partners around to world to diversify our supplies of critical commodities and remain relevant to the global economy. How has Singapore widened our network to enhance economic resilience and promote greater economic integration? Relations with new Emerging Markets”
“Singapore has had a long history of being a multicultural and globalised society. A large part of our success as a nation can be attributed to how we have celebrated our diversity and lived in harmony. We are also a very open society. Our citizens are comfortable on digital platforms, travel widely and consume a wide array of media from many different countries. Overall, this is a boon for Singapore. That said, we should remain clear-eyed about the potential downsides and work proactively to mitigate them. Foreign actors may attempt to interfere in our way of life via influence operations. If left unchecked, this may disrupt our balanced societal fabric. As such, it is vital for Singapore to guard against external players that seek to influence our society and advance certain perspectives that may cause division. MFA plays an important role and, here, I place on record my thanks to MFA officers who have worked hard on the ground and overseas to fly the Singapore flag high. How can Singapore preserve our racial and religious harmony and remain vigilant against foreign interference? Furthermore, the worsening humanitarian situation in Gaza has evoked strong reactions amongst many Singaporeans. I am reassured that many Singaporeans have made significant contributions through donations in cash and other forms. How else has Singapore contributed to resolving the humanitarian situation in the Israel-Hamas conflict?”
“Chairman, the ongoing conflicts in Ukraine and the Middle East have led to serious spill-over effects around the world – ranging from disruptions to global supply chains to the rise of extremist violence. We must do more to preserve our social cohesion and economic resilience amid these volatile and uncertain times. This warrants a whole-of-nation effort. In this regard, Total Defence continues to play a critical role in building a strong, cohesive and resilient society, premised on every Singaporean playing a part to help our country overcome any crisis. Can MINDEF provide an update on efforts to involve Singaporeans in Total Defence, such as to encourage them to strengthen Social and Psychological Defence in their individual capacities? In addition, how is MINDEF and the SAF helping Singaporeans to better understand its own efforts to strengthen Total Defence, such as through the formation of the new Digital and Intelligence Service, or the Republic of Singapore Navy's role in keeping sea lines of communication secure and open? Conversations on Total Defence”
“Chairman, many SAF regulars and NSmen have had the opportunity to train overseas, which allows them to gain ground experience and apply their skills and knowledge in an operational context. This is especially critical for certain types of training that would otherwise be challenging or impossible here, given Singapore's space constraints. As our global outlook becomes more uncertain, we cannot assume that we will always be able to maintain our current access to overseas training areas. It is, therefore, important to explore different ways to ensure that our NSmen and women train well and remain operationally ready. Can MINDEF provide an update on efforts to improve local and overseas training? In particular, how are we leveraging technological advancements to maximise the value and efficiency of the SAF's training? What opportunities has the SAF taken advantage of, to provide our servicemen with practical experiences in either conflict zones or humanitarian missions abroad? Using Technology to Improve Processes”
“Deputy Prime Minister Lawrence Wong mentioned the need for Singapore to remain steadfast and united to weather the storms ahead. "Ships do not sink because of the water around them. Ships sink because of the water that gets in them." We must be united in spite of the foreign disruptions, divisions or influences. This Budget is a stark reminder to all of us to remain so in facing future challenges together. Mr Speaker, Sir, I support the Budget Statement.”
“We should also consider the other benefiting units which will benefit from the additional lifts that can add as contingency or redundancy plans. By including such an approach, the dwelling units for each block that will benefit from LUP, using the examples in Keat Hong, would improve from a mere 12% to 15%, to more than 50% of the entire block. This means that the costs can be shared among more households to come within the LUP cost cap. We should not discount the generosity and empathy of fellow Singaporeans to shoulder the burden of such LUP costs together. During the Selective Renewal Lift Programmes in Keat Hong, many non-segmented unit households experienced for themselves firsthand how it was like to live in a segmented unit when their serving lifts were temporarily shut down for renewal. The residents told me that they now empathise and would support a different approach towards LUP costing. I hope we can study these proposals and help our family residents. Mr Speaker, Sir, in conclusion, I raise these examples on housing options and lift access for the elderly as a microcosm of what we can achieve together for fellow Singaporeans in this Budget and those to come so that our fellow Singaporeans can choose to live where they love and continue to love where they live. In making our common spaces more accessible, we create environments that promote social cohesion and well-being. In helping our young couples to attain their dream homes, we not only fulfil their aspirations, but we also provide hope for their children. In embracing the importance of the lived environment and housing, we foster a sense of unity and belonging among our fellow Singaporeans, making this country truly a home we love where we live.”
“Lifts are not merely mechanical devices; they are the lifelines to connect us to our homes and communities. With age, stairs can transform from a simple climb to an insurmountable obstacle. Accessible lifts provide a sense of autonomy and dignity to our elderly community members. The same scenario can be applied to our families with young children and strollers who will need to navigate up the multiple flights of stairs daily. Based on my survey during house visits, almost two in three segmented unit flats in Keat Hong have either an elderly person or a child living there. In this regard, may I propose the following? Firstly, enhance the Lift Access Housing Grant (LHG) from the current $30,000 to $50,000, which will make it more attractive for take-up. In an answer to my Parliamentary Question, there were 28 approved applications as at December 2021 for LHG out of an estimated 2,000 affected HDB units that have no lift access. That is a mere 1.4%. Secondly, consider implementing chair lifts or, where technically possible, ramps or spiral ramps to connect a segmented unit floor to a floor with direct lift access. Thirdly, where technical solutions are not possible, perhaps HDB can consider compulsory acquisition of such units and convert them to public rental housing, so that the occupants of such units will not be inconvenienced by the permanent absence of direct lift access because they are transient and will only be living for a short period of time. Lastly, revisit the funding criteria model for LUP. Instead of considering the directly affected units, HDB currently only takes into consideration the affected units which are directly affected by the lack of lift access.”
“Now, with the Town Council, we provide complimentary stair-climber services that Mr Tan can call on so that we can assist him and his son the flight of stairs using a stair-climber machine. Food or package delivery personnel also find it difficult to deliver because of the block layouts and differing lift access navigation routes. Some furniture or bulk delivery services are not available as well to these segmented units without hefty charges. In times of fire or medical emergency, our first responders also may find it difficult and there is a time lag to reach these segmented units in time. To help with the situation, we have introduced the Keat Hong WayFinder Maps at lift lobbies in segmented blocks. But this is just an interim solution. Mr Speaker, Sir, do you know that in the US reality television (TV) series Amazing Race 2002 Season, there was a Singapore leg where contestants had to navigate a challenging detour. This was held in our segmented block in Chua Chu Kang. And during this detour, contestants had to find the right lift lobby, go up the correct flight of stairs to get to a segmented unit, where a contractor with a distinctive look in yellow boots will be waiting for them. It was Phua Chu Kang in Chua Chu Kang! After many frustrating attempts, contestants finally managed to find the unit. My point is this: if the segmented blocks are so hard to navigate that they are deemed a worthy challenge in an international reality TV series, imagine the daily struggle for our residents, especially the elderly and those with young children. We have to acknowledge the changing dynamics of our communities. With an ageing population and an increasing number of families residing in our flats, the need for adequate lift access is more critical than ever.”
“As I had stated earlier, there are also many young couples drawn by the exciting upcoming developments and have moved into the estate. However, there are several blocks that had been designed originally without direct lift access, though they come with added privacy and exclusivity for their home owners. Nevertheless, as residents live in their blocks over the decades and age in place, direct lift access has become more important to them. I had raised this issue numerous times in this House. Even after HDB’s Lift Upgrading Programme (LUP), there are still about 150 blocks remaining in Singapore that do not have direct lift access. There are segmented HDB blocks which have segments that do not have direct lift access, meaning that affected residents would have to take the lift to a floor, walk along a corridor or passageway, navigate and thereafter take the stairs up or down to their unit. Out of these 150 segmented blocks, 20% of them in Singapore are found in Keat Hong, which means these families do not have same-floor lift access. For residents who have been living in such units for decades, they now face difficulties and inconvenience as they age in place. I have spoken up previously on the LUP, the Lift Access Housing Grant and other solutions to support these families. I wish for more support in this regard. One resident, Mr Tan, is an elderly man with an adult son who had suffered from stroke. He had been taking care of his son for decades. They live in a segmented unit in Keat Hong with no direct lift access. Previously, going to medical appointments would be a hassle, with him carrying the son down the flight of stairs to the next floor and navigating the corridors to the lift lobby.”
“I hope more support can be provided to help our young couples and families alleviate their concerns for housing. I look forward to the announcements from the Ministry of National Development in this regard. The hon Mr Faisal Manap had earlier suggested that residents of public rental houses be given priority to buy houses. But for me, this refers to just one aspect. We should also address the other aspects. We should not view the housing issue in silo. This is because there are many aspects of family life that should be considered and addressed. Hence, with the joint effort of partners such as M3@Towns and the Dian Project, which engages families living in rented homes, we can provide support in various aspects including health, children's education and family matters. Project Dian@M3 is rolled out in Bedok, Geylang Serai, Jalan Besar, Jurong, Chua Chu Kang and Tampines, and now supports more than 400 families in rental flats. This is our collective effort. All these help families to move from rental homes to their own flats and not only for them own their homes, but also to ensure that they have stable jobs, educated children, a healthy family and a happy marriage. By having all of that, there will be stability in their lives, which is what we wish everyone to have. This is the way. (In English): Mr Speaker, Sir, one other aspect of housing is having lift access. Chua Chu Kang Town is undergoing various exciting developments, like the Jurong Region Line and a new hawker centre to be constructed in the town central. There are many residents who have lived in Keat Hong for decades and so they wish to live out the rest of their lives here.”
“To help them, Deputy Prime Minister Lawrence Wong has also announced a new voucher scheme that helps young couples to rent a house from the open market during the period when they are still waiting for the completion of their BTO flats. This voucher will help many from our community to get interim housing. One of my Keat Hong residents, Mdm Nur, together with her husband and child, are living with her sister’s family while waiting for their BTO flat to be ready in four years’ time. A total of eight persons are living in the 4-room flat. Her elderly mother who has mobility issues is also living with them. Mdm Nur cannot afford to rent from the open market due to her household income. Hence, she applied for a rental flat from HDB. However, the PPHS application opens once every two months and each application will take about four to six weeks to process. In the meantime, she is expecting another child and so, she would like to have some certainty and stability in her housing arrangement. During my Meet-the-People session, I appealed to HDB on her behalf, not just to get a rental flat, but also proposed alternatives like subsidies in the open market. I am glad that the proposal is now being considered by the HDB with the availability of rental flats vouchers in the open market. The PPHS (Open Market) Voucher will be useful for families like Mdm Nur to have interim housing. I welcome this change. However, since according to HDB, the average waiting time for BTOs is between three to four years, I hope that such vouchers for rental flats in the open market can be provided for a period of two years, so that such young couples with children can enter into a longer tenancy period. This will provide greater stability for themselves and their children.”
“But family circumstances change and with the welcoming of another baby or two, the living conditions in the flat will be too cramped. Hence, I welcome Deputy Prime Minister Lawrence Wong’s announcement in this year’s Budget of the new Parenthood Provisional Housing Scheme (PPHS) (Open Market) Voucher for one year, to support eligible families to rent an HDB flat in the open market. This helps young couples who are waiting for their BTO flats to have temporary housing. Previously, they need to join the waiting list for rental flats from HDB and the open market rental are out of reach for them financially. All of these policy changes show that the Government listens intently to the various feedback via numerous consultations or through the Meet-the-People sessions appeals that we MPs sent on behalf of residents, for me, every Monday in Keat Hong and, after careful studying, implements them into action. The Government lends a listening ear and extends a helping hand. In Malay, Sir. (In Malay): [Please refer to Vernacular Speech.] This Budget provides more support for families in terms of financial assistance and housing. This comprehensive approach means that the Government not only helps specific groups but all levels of our society, from senior citizens to families to workers. One issue of concern is housing matters, especially for young couples with young children. Last year, I suggested a way to further fine-tune the application process for HDB BTO flats. I observed that the suggestion provided was not only considered but it was also employed to help young couples who have just got married.”
“Mr Speaker, Sir, thank you for allowing me to participate in this debate. I rise in support of the Budget Statement made by the Deputy Prime Minister and Minister for Finance. Sir, Deputy Prime Minister Wong said that Budget 2024 is about acting on the belief that so long as we stay united, work together and continue to keep faith in each other, we will be able to weather the storms ahead and emerge stronger. I resonate with that and share this belief. I welcome the approach to draw from fellow Singaporean’s collective experience, expertise and feedback during the Forward Singapore conversations. This Budget takes those conversations forward and make them into concrete actions for our future. I am particularly interested in the measures to help our households and providing more assurance for families and seniors. My speech will be focused on housing options and enhancing liveability in the housing environment for families and seniors. Firstly, on housing options and accessibility. During last year’s Budget debates, I raised several proposals to further refine the balloting process for BTOs for families and young couples. I am glad that the Government has not only adapted such recommendations but also ramped up the supply of BTO flats to meet the demand for housing. White waiting for their BTOs, I met many young couples in Keat Hong who are living with their parents. They are newly married and waiting for their flats in exciting new BTO developments in Bukit Batok and Tengah. Most importantly, while living with their parents, they get to save up and enjoy the support to take care of their children and access to many childcare centres and amenities in the neighbourhood. Keat Hong, where they grew up, is a place of warmth and familiarity.”
“In addition, it ensures that we have the best platform to support the enactment of a Bill to create the Wakaf Masyarakat Singapura (WMS) so that we can leave a lasting and beneficial legacy for many generations to come. In particular, I welcome the amendments that will help encourage the spirit of giving within our community through the wakaf. Wakaf is ingrained in our community's religious tradition and history as initially demonstrated by our pioneer philanthropists in the past. They have set up various wakafs that continue to benefit our community until today. These amendments are key in providing us with the necessary legal foundation to ensure that the Wakaf Masyarakat Singapura can be successful and garner support from everyone within the community. As the holy month of Ramadan will be upon us in about a month's time, let us nurture the habit of giving and rekindle the spirit of the wakaf within our community to help those in need through perpetual traditions like the wakaf. I end my speech with a Malay quatrain: Preparing a tray to serve food; The laden tray feels much heavier; The community wakaf is something good; Bringing benefits in this world and the Hereafter.”
“And will these affect pending applications for maintenance currently in the Family Justice Court? Next, on the proposed section 36B, which involves applications that will likely have an adverse effect on a child’s welfare impending proceedings, what is the legal test and/or standard for “will or is likely to”? What are the factors to be considered? Further, how will the Syariah Court be better supported and resourced in order to hear such applications expeditiously? I welcome the amendments to ensure that the Syariah Court has the powers to address the immediate needs of the family in a judge-led approach. I would like to ask if there are specific trainings for the Syariah Court judiciary and registry to transition to this judge-led approach? Would this also extend to interim orders or injunctions that the Court can order? For instance, in the case of TMO v TMP, the Syariah Court refused to grant an order for division of matrimonial assets because it did not have jurisdiction under AMLA since the Syariah Court did not decree the divorce. The parties had to go to the Family Justice Court and the Civil Courts. The Court of Appeal held that it retained residual jurisdiction over matters not falling within the jurisdiction of the Syariah Court, in order to avoid a legal vacuum. An amendment to AMLA to empower the Syariah Court to make decisions on such issues like these will help Muslims from having to go to two different, separate Courts, which will be both time-consuming and costly. In Malay, Sir. (In Malay): [Please refer to Vernacular Speech.] In conclusion, Mr Speaker, the amendments to AMLA are steps in the right direction to provide access to justice in a more equitable and efficient manner.”
“This would ensure that the correct expertise will be provided and would also allow for matters relating to religious issues and wakaf to be dealt with sensitively and confidentially. I have some clarifications on the amendments in relation to wakaf. For WMS or wakaf created by the Majlis, who would be the mutawalli? Will the Majlis appoint the mutawalli for the WMS in the Gazette or Rules? Will the Majlis itself be the trustee of the wakaf? This is important because the new section 58(5A) states that certain obligations do not apply if MUIS is the trustee of the wakaf and no mutawalli has been appointed by MUIS. I would be grateful if Minister can clarify who will be the intended trustee of the WMS – whether it will be Majlis itself or another party. Lastly, I move on to the amendments to the Syariah Court jurisdiction and procedure. The expansion of jurisdiction of the Syariah Court in section 35(ca) now includes custody, care and control, access or maintenance of minor children on divorce or nullification of marriage. Traditionally, the Family Justice Court hears issues of maintenance of children until the age of 21 even after divorce, and this is established both in practice and caselaw. In a recent decision, the Syariah Appeal Board held that proceedings in the Syariah Court do not and will not deal with children’s maintenance, and whoever wishes to commence such proceedings shall be referred to the Family Justice Court. Hence, if the Syariah Court jurisdiction now covers “maintenance of minor children”, what will be the process for applying for such maintenance? Will it apply to post-divorce couples? And what resources will be provided to the Syariah Court to handle maintenance applications for minor children?”
“I thank the Minister for stating that the digital Certificate of Marriage does not undermine any of the other requirements of solemnisation and the institution of Muslim marriages. However, ROMM still needs to conduct some due diligence, notwithstanding the digitalised process. How will the Kadi and Naib Kadi assess that the couples are ready for marriage? Can the Minister please clarify what are the safeguards to ensure that the digital database and the digital Certificate are secure against against any tampering, personal identity theft and breaches of cybersecurity? For couples who wish to have a physical memento of their marriage, will ROMM continue to provide a hard copy of the Certificate of Marriage to them? In this House, I have previously raised issues on implementing a specific dispute resolution mechanism for wakaf in Singapore. This will be beneficial to bring confidence in the utilisation or adoption of wakaf instruments generally and for the WMS specifically. Presently, any disputes relating to wakaf or removal of mutawalli goes to the High Court. In the case of Valibhoy vs Valibhoy, the High Court held that the jurisdiction and power to manage a wakaf including the removal of a mutawalli and appointment of trustees of a wakaf lay exclusively within the purview of MUIS. On the facts of that case, the High Court did not exercise its residual inherent jurisdiction and attendant powers of the Court over the wakaf. However, that does not mean that similar disputes may not arise in the future. This brings a unique opportunity for the Syariah Court to be the forum for any such disputes to be the heard through a dispute resolution framework for wakaf, which may include the concept of mediation or arbitration.”
“Mr Speaker, Sir. I rise in support of the Bill. I firstly declare that I am a lawyer with an active practice in the Syariah Bar. I am also a panel counsel for MUIS. I welcome the amendments to AMLA. I also acknowledge the comprehensive consultations that have been conducted by the Ministry of Law, not only with the public but also legal practitioners, particularly in the Syariah Court bar including those from the Muslim Law Practice Committee (MLPC) of the Law Society of Singapore. It is through these engagements and consultations that we further improve not only the access to justice but also bring greater efficiency to the Syariah Court proceedings. The amendments also bring greater ease of use through the digitalisation of the marriage certificate in the ROMM and the legislative infrastructure to support the enactment of the Singapore Community Wakaf, or the Wakaf Masyarakat Singapura (WMS). These three aspects will be the focus of my speech. Firstly, I welcome the amendments to introduce the digital Certificate of Marriage. The Certificate of Marriage has been an important symbol that marks a significant milestone in the life journey of a married couple. With the digital Certificate of Marriage for Muslim marriages, the signatures of the Muslim marriage solemniser, the marrying parties and their witnesses are no longer required, given the unique and secure identification through Singpass. In my Court experience, some couples undergoing divorce may face issues locating their own hard copies of Marriage certificate or there are even instances where one party withholds possession of the certificate from the other. This digital certificate will help prevent these situations. I have, however, some questions.”
“I thank the Minister for sharing on the composition of the retention review board for the review of SEPP. However, I have a few clarifications. Are offenders able to obtain legal representation during the review board hearing? Would the views of the victims' families or public interest be considered before an offender is released from SEPP? And lastly, whether the sentencing advisory panel has any role to play in determining the ambits and types of offences that may fall within the SEPP in the future? Sir, notwithstanding my clarifications, I stand in support of the Bill.”
“This is a long time coming, following the Nabill Disclosure Obligations decided in 2020 and the Kadar Disclosure Obligations decided in 2011. In the Nabill case, the Court of Appeal deliberately left open the question of whether the prosecution would be required to disclose the prior statements of a material witness, where such witness is called to testify as a prosecution witness. This issue finally came up for consideration in the case of Pigg, Derek Gordon vs the Public Prosecutor and the High Court held that a prosecution witness' prior statements can fall within the KDO obligations. Even though such statements are presumptively inadmissible, this decision is also consistent with orbital expressed by the Court of Appeal in earlier decisions as well. In this regard, I welcome the new section 221d which makes it clear that the prosecution has a continuing obligation to serve certain materials on the defence if the prosecution becomes aware of such materials before the accused is convicted or acquitted. However, the present amendments made it clear that the ADO does not require disclosure of prosecution witness statements. I would like to ask, in light of the developments in the case law, would the new sections 221a to 221d prevent the prosecution from disclosing position prosecution witness' prior statements? In what circumstances would the prosecution have an obligation to disclose such prior statements? Mr Speaker, lastly, on the SEPP regime, I welcome the amendments to introduce new sentences for public protection. With the SEPP, an offender will not be automatically released after serving the minimum sentence unless he or she is assessed to no longer post a threat to the public.”