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“恐成避税洗黑钱漏洞” 欧盟议员吁废除自由港

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今年三月,欧洲议会出台一份报告,其中整合了欧盟议员的辩论意见,抨击自由港成为富人或企业避税和洗黑钱的另类管道,呼吁欧洲各国政府需完全废除自由港。

其中有议员就提到自由港的问题所在,指自由港规避正常的监督和透明机制,把财富转换成为稀有金属或艺术品,藉此规避执法者的管制。

就连欧盟理事会主席容克(Jean-Claude Juncker),也因为被指在担任卢森堡总理期间,曾批准境内的自由港 Le Freeport运营而饱受抨击。

什么是自由港?和新加坡有什么关系?在早年,货物转运期间若需暂时存放货物在中转地,可寄存于自由港,那么物主或商家就无需额外负担当地的关税等税务。

不过,如今的自由港,更多地被是用来存放珍稀物品、黄金、古董和艺术品等,且一般都有严密的保安设施。

在自由港,物品所有人甚至可以合法地买卖、转移大笔金额,而交易数额不需公开披露。而一些欧洲议会议员就抨击,自由港“可被用作进行台面下的非法交易”。

自由港概念创办者成本地永久居民

而成为欧洲议员众矢之的的自由港,就是由瑞士艺术品交易商博维耶(Yves Bouvier)开创的,他在2009年成为新加坡的永久居民。

博维耶何许人也?他从父亲手中传承了拥有150年离世的家具搬运和仓储公司Natural Le Coultre,并率先开创“艺术品中枢”的自由港概念,为收藏家、企业、个人和博物馆提供租用仓储空间服务。

他先后在日内瓦、卢森堡和新加坡创设自由港,而在新加坡的自由港就位于樟宜机场旁,高度的保安措施,使之有“新加坡的诺克斯堡(Fort Knox)”美誉。

博维耶也负责为富豪和名人买办名画、艺术品。不过在2015年卷入与俄罗斯肥料大亨雷波诺列夫(50岁,Dmitry Rybolovlev)的诉讼,后者指他在艺术品交易中抬高价格,从价差中先后抽了10亿美元的油水。

被诉抬高艺术品价格,请唐振辉打官司

2015年2月26日,博维耶在摩纳哥被捕。同年3月13日,新加坡最高法院下令冻结博维耶在全球范围的资产,但随后又解除禁令,理由是原告雷波诺列夫也涉及滥用法律程序的行为。

2002年至2003年间,雷波诺列夫通过家族朋友拉波(Tania Rappo)牵线认识博维耶,两人之后达成口头协议,由博维耶替雷波诺列夫收购珍贵画作。

双方的关系在2008年至2009年间起了重要变化,雷波诺列当时把画作收藏重心移至新加坡,而博维耶也在同一时期搬到这里。

雷波诺列夫在2003年至2014年间通过博维耶购入数十幅名画,但两人的关系从2014年底开始急转直下。雷波诺列夫指责博维耶将画作转卖给他时,私下抬高价格。

在新加坡的诉讼,雷波诺列夫和博维耶都聘请了本地司法界大状,前者聘请文达星律师,而博维耶则请了唐振辉(没错,就是现任律政部高级政务部长),助他针对法庭把案件转交新加坡国际商业法庭的决定,作出上诉。

最终在2017年4月,上诉庭判决上述诉讼理应在瑞士审理。

自2015年一马公司丑闻曝光后,美国调查官员指一马公司资金曾被用来购买曼哈顿和洛杉矶等地的豪宅,还有为好莱坞电影《华尔街之狼》提供资金,以及用来购买毕卡索和莫奈油画。

而在新加坡的调查也同样牵一发动全身,我国的调查揭露其中的交易网非常复杂, 涉及许多空壳公司和个人,遍及美国、瑞士、香港、卢森堡和马来西亚,牵涉到一马公司非法资金流动的银行甚至达8家,总罚款达到2910万新元。

新加坡金管局就一马公司案,调查近40家银行。20159月,瑞意银行前高级私人银行家叶友志,旗下几个银行账户被调查而遭冻结1千万新元资金。

高盛集团(Goldman Sachs)前银行家雷斯纳(Tim Leissner),也被罚终身禁令,禁止他染指新加坡金融活动。

一马公司丑闻也促使金管局等机构对洗黑钱行为提高警觉,自由港的运作亦引起当局注意。反洗钱金融行动特别工作组(FATF)在2016年9月份的报告,指自由港存在的风险必须考虑,但显然有关当局对于在自由港内进行的活动欠缺了解。

至于联合国文教科组织也曾抨击,自由港可能成为盗猎和偷运文物的途径,偷盗者可以将不法取得的文物低调存于自由港,之后流入黑市。例如直到2014年,才发现罗马和伊特鲁里亚文物悄悄藏在日内瓦自由港长达15年。

至于我国关税局在2015年10月1日,则针对零消费税仓库(包括自由港等)实施新举措,要求仓库运营者需过滤仓库租户身份,且必须避免这些仓储物品被利用作洗黑钱或资助恐怖主义。

新加坡会否响应废除自由港呼声?

尽管如此,当全球各地已对自由港的存在和运作模式提出非议,我国政府又会否与时并进,重新检讨自由港可能存在的漏洞,避免类似一马公司丑闻的弊案发生,对我国的金融信誉造成不可逆转的损害?

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Chee Soon Juan questions Shanmugam’s $88 million property sale amid silence from Mainstream Media

Dr Chee Soon Juan of the SDP raised concerns about the S$88 million sale of Mr K Shanmugam’s Good Class Bungalow at Astrid Hill, questioning transparency and the lack of mainstream media coverage. He called for clarity on the buyer, valuation, and potential conflicts of interest.

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On Sunday (22 Sep), Dr Chee Soon Juan, Secretary General of the Singapore Democratic Party (SDP), issued a public statement on Facebook, expressing concerns regarding the sale of Minister for Home Affairs and Law, Mr K Shanmugam’s Good Class Bungalow (GCB) at Astrid Hill.

Dr Chee questioned the transparency of the S$88 million transaction and the absence of mainstream media coverage despite widespread discussion online.

According to multiple reports cited by Dr Chee, Mr Shanmugam’s property was transferred in August 2023 to UBS Trustees (Singapore) Pte Ltd, which holds the property in trust under the Jasmine Villa Settlement.

Dr Chee’s statement focused on two primary concerns: the lack of response from Mr Shanmugam regarding the transaction and the silence of major media outlets, including Singapore Press Holdings and Mediacorp.

He argued that, given the ongoing public discourse and the relevance of property prices in Singapore, the sale of a high-value asset by a public official warranted further scrutiny.

In his Facebook post, Dr Chee posed several questions directed at Mr Shanmugam and the government:

  1. Who purchased the property, and is the buyer a Singaporean citizen?
  2. Who owns Jasmine Villa Settlement?
  3. Were former Prime Minister Lee Hsien Loong and current Prime Minister Lawrence Wong informed of the transaction, and what were their responses?
  4. How was it ensured that the funds were not linked to money laundering?
  5. How was the property’s valuation determined, and by whom?

The Astrid Hill property, originally purchased by Mr Shanmugam in 2003 for S$7.95 million, saw a significant increase in value, aligning with the high-end status of District 10, where it is located. The 3,170.7 square-meter property was sold for S$88 million in August 2023.

Dr Chee highlighted that, despite Mr Shanmugam’s detailed responses regarding the Ridout Road property, no such transparency had been offered in relation to the Astrid Hill sale.

He argued that the lack of mainstream media coverage was particularly concerning, as public interest in the sale is high. Dr Chee emphasized that property prices and housing affordability are critical issues in Singapore, and transparency from public officials is essential to maintain trust.

Dr Chee emphasized that the Ministerial Code of Conduct unambiguously states: “A Minister must scrupulously avoid any actual or apparent conflict of interest between his office and his private financial interests.”

He concluded his statement by reiterating the need for Mr Shanmugam to address the questions raised, as the matter involves not only the Minister himself but also the integrity of the government and its responsibility to the public.

The supposed sale of Mr Shamugam’s Astrid Hill property took place just a month after Mr Shanmugam spoke in Parliament over his rental of a state-owned bungalow at Ridout Road via a ministerial statement addressing potential conflicts of interest.

At that time, Mr Shanmugam explained that his decision to sell his home was due to concerns about over-investment in a single asset, noting that his financial planning prompted him to sell the property and move into rental accommodation.

The Ridout Road saga last year centred on concerns about Mr Shanmugam’s rental of a sprawling black-and-white colonial bungalow, occupying a massive plot of land, managed by the Singapore Land Authority (SLA), which he oversees in his capacity as Minister for Law. Minister for Foreign Affairs, Dr Vivian Balakrishnan, also rented a similarly expansive property nearby.

Mr Shanmugam is said to have recused himself from the decision-making process, and a subsequent investigation by the Corrupt Practices Investigation Bureau (CPIB) found no wrongdoing while Senior Minister Teo Chee Hean confirmed in Parliament that Mr Shanmugam had removed himself from any decisions involving the property.

As of now, Mr Shanmugam has not commented publicly on the sale of his Astrid Hill property.

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Redditors question support for PAP over perceived arrogance and authoritarian attitude

Despite Senior Minister Lee Hsien Loong’s warning that slimmer electoral margins would limit the government’s political space “to do the right things”, many Redditors questioned their support for the ruling PAP, criticising its perceived arrogance. They argued that SM Lee’s remarks show the party has ‘lost its ways’ and acts as if it alone can determine what is right. Others noted that the PAP’s supermajority allows for the passage of unfavourable policies without adequate scrutiny.

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In a recent speech, Senior Minister Lee Hsien Loong warned that “if electoral margins get slimmer, the government will have less political space to do the right things.”

Mr Lee, who served as Prime Minister for 20 years, highlighted the risks associated with increasingly competitive politics.

“It will become harder to disregard short-term considerations in decision-making. The political dynamics will become very different,” he stated during his speech at the Annual Public Service Leadership Ceremony 2024 on 17 September.

“Singaporeans must understand the dangers this creates, and so must the public service,” SM Lee stressed.

SM Lee pointed out that Singapore faces formidable internal and external challenges in the years ahead, with rising expectations and demands from citizens.

As growth becomes harder to achieve and politics becomes more fiercely contested, he warned, “Things can go wrong for Singapore too.”

He urged vigilance in preparing for an uncertain future, noting, “As the world changes, and as the generations change, we must do our best to renew our system – to ensure that it continues to work well for us, even as things change.”

Critique of PAP’s Arrogance and Disconnect from Singaporeans

The People’s Action Party (PAP) experienced a notable decline in its vote share during the 2020 General Election, securing 61.24% of the votes and winning 83 out of 93 seats, a drop from 69.9% in 2015.

A significant loss was in Sengkang GRC, where the PAP team, led by former Minister Ng Chee Meng, was defeated by the Workers’ Party (WP).

In discussions on Reddit, some users questioned why they should support the ruling PAP, criticising the party’s perceived arrogance.

They pointed out that SM Lee’s recent remarks illustrate that the party has strayed from effectively serving Singaporeans and seems to believe it has the sole authority to decide what is right.

Others highlighted that the PAP’s super-majority in Parliament enables the passage of unfavourable policies without sufficient scrutiny.

One comment acknowledged that while many older Singaporeans remain loyal to the PAP due to its past achievements, younger generations feel the party has failed to deliver similar results.

There is significant frustration that essentials like housing and the cost of living have become less affordable compared to previous generations.

The comment emphasised the importance of the 2011 election results, which they believe compelled the PAP to reassess its policies, especially concerning foreign labor and job security.

He suggested that to retain voter support, the PAP must continue to ensure a good material standard of living.

“Then, I ask you, vote PAP for what? They deserve to lose a supermajority. Or else why would they continue to deliver the same promises they delivered to our parents? What else would get a bunch of clueless bureaucrats to recognise their problems?”

Emphasising Government Accountability to the Public

Another Redditor argued that it is the government’s responsibility to be accountable to the people.

He further challenged SM Lee’s assertion about having less political space to do the right things, questioning his authority to define what is “right” for Singapore.

The comment criticised initiatives like the Founder’s Memorial and the NS Square, suggesting they may serve to boost the egos of a few rather than benefit the broader population. The Redditor also questioned the justification for GST hikes amid rising living costs.

“Policies should always be enacted to the benefit of the people, and it should always be the people who decide what is the best course of action for our country. No one should decide that other than us.”

The comment called for an end to narratives that present the PAP as the only party capable of rescuing Singapore from crises, stating that the country has moved past the existential challenges of its founding era and that innovative ideas can come from beyond a single political party.

Another comment echoed this sentiment, noting that by stating this, SM Lee seemingly expects Singaporeans to accept the PAP’s assumption that they—and by extension, the government and public service—will generally do the “right things.”

“What is conveniently overlooked is that the point of having elections is to have us examine for ourselves if we accept that very premise, and vote accordingly.”

A comment further argued that simply losing a supermajority does not equate to a lack of political space for the government to make the right decisions.

The Redditor express frustration with SM Lee’s rhetoric, suggesting that he is manipulating public perception to justify arbitrary changes to the constitution.

Concerns Over PAP’s Supermajority in Parliament

Another comment pointed out that the PAP’s supermajority in Parliament enables the passage of questionable and controversial policies, bypassing robust debate and discussion.

The comment highlighted the contentious constitutional amendments made in late 2016, which reserved the elected presidency for candidates from a specific racial group if no president from that group had served in the previous five terms.

A comment highlighted the contrast: in the past, the PAP enjoyed a wide electoral margin because citizens believed they governed effectively. Now, the PAP claims that without a substantial electoral margin, they cannot govern well.

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