SINGAPORE: During the parliamentary sitting on 14 October, Ms Sylvia Lim, Chairman of the Workers’ Party and Member of Parliament for Aljunied GRC, raised critical questions regarding the corruption charges against former Transport Minister S. Iswaran.

She filed Parliamentary questions to seek to assess the impact of the former Minister-in-charge for Trade Relations’ case on public confidence in Singapore’s anti-corruption culture and inquired whether the definition of “public servant” under the Penal Code is adequate for enforcing Section 165 related to corruption.

In response, Mr Chan Chun Sing, Minister for Education and Minister-in-charge of the Public Service, emphasised the expectation that individuals in the Public Service uphold high standards of conduct.

This expectation extends to those executing public duties on behalf of the Government, which is crucial for maintaining public confidence.

He outlined the conditions under which an offense under Section 165 can occur:

• It applies only to public servants, including public officers and individuals performing government-related duties.
• The public servant must accept a valuable item for free or at an inadequate payment.
• The item must be accepted from someone involved in business transactions related to the public servant’s official functions.

He stated that the definition of “public servant” in the Penal Code is broad, encompassing those entrusted with public duties, and noted that this definition provides legal protections for these individuals.

Addressing the impact of recent developments on public trust, Minister Chan acknowledged the importance of stringent measures against corruption but cautioned against knee-jerk reactions to tighten laws.

He suggested that the focus should be on whether the issues are individual or systemic, asserting that clarity in regulations is essential and that decisive action must be taken against offenders when rules are violated.

Sylvia Lim Questions Whether Charge Reductions Indicate Weakness in Corruption Case Against  Iswaran

In her supplementary question, Ms Lim remarked that the handling of the case has raised more questions than it answered, particularly regarding the sudden reduction of charges to non-corruption cases on the first day of the trial in September.

She asked, “Would the public be justified in concluding that the corruption case against the former minister was weak, hence resulting in the reduction of charges away from the Prevention of Corruption Act (PCA)?”

Minister Chan replied that such amendments are “not uncommon” and “occur regularly in the courts… due to developments and representations by the prosecution and the defense.”

Minister Chan: Section 165 Is a Corruption Charge Applicable to Public Officers

Following Iswaran’s sentencing to 12 months in prison on 3 October, Ms Lim noted Prime Minister Lawrence Wong’s statement that Singapore must remain free of corruption.

She inquired whether this reflected PM Wong’s belief that Iswaran acted corruptly, regardless of the charges against him.

Minister Chan clarified that Section 165, which applies to public officers, is indeed a corruption charge.

Ms Lim then sought further clarification, pointing out that under Section 165, no corrupt element needs to be proven, making it easier to secure a conviction under this section.

Minister Chan responded, “In Section 165, you do not need to prove a quid pro quo on both sides. You just need to prove that the person has taken. It doesn’t mean that it’s not a corruption charge.”

AGC Cited Evidentiary Risks in Reducing Iswaran’s Corruption Charges

Iswaran had originally faced 35 charges, including two counts of corruption.

The charges were amended on 24 September from two counts of corruption under the PCA to offences under Section 165.

This section, unlike Section 8 of the PCA, does not include a presumption of corruption, which would have placed the burden on the accused to prove the gifts were not given as inducements.

The AGC in an explanation cited substantial evidentiary risks in proving the original corruption charges, which involved  Ong Beng Seng and Lum Kok Seng.

The AGC noted that proving the original corruption charges under PCA would have been difficult due to the involvement of both Iswaran and Ong as primary parties.

Both would have had to implicate themselves to establish corrupt intent.

The AGC explained that “there are two primary parties to the transactions, and both would have an interest in denying corruption in the transactions.” This made securing a conviction for corruption highly uncertain.

In light of these risks, the AGC amended the charges to offenses under Section 165 of the Penal Code, which carries a lower evidentiary threshold and a reduced maximum sentence of two years’ imprisonment.

According to AGC, the amendment was made to ensure a fair and just outcome while considering public interest.

SINGAPORE: During the parliamentary sitting on 14 October, Senior Minister of State for Sustainability and the Environment, Koh Poh Koon, announced a policy change aimed at addressing the manpower challenges faced by hawkers.

Effective 1 January 2025, hawker stalls will be allowed to hire long-term visit pass (LTVP) holders as stall assistants.

Currently, only Singapore citizens and permanent residents are eligible for such positions in NEA-managed hawker centres.

This policy relaxation will enable LTVP holders with approved work rights, particularly those with familial connections to hawkers, to serve as assistants.

SMS Koh reiterated that the high tender prices in hawker centres managed by the National Environment Agency (NEA) are exceptions rather than the norm.

He emphasised NEA’s ongoing review of its policies to ensure the system remains effective while keeping hawker food prices affordable.

Dr Koh revealed that in 2023, one in five cooked food stalls were tendered at or below S$500 per month.

The median successful tender price for cooked food stalls decreased from S$2,000 in 2022 to S$1,800 in 2023.

While higher bids were observed in popular locations, they do not reflect overall trends. The NEA conducts monthly tender exercises, which Dr Koh characterised as “transparent and fair.”

Dr Koh’s comments were made in response to parliamentary questions from Melvin Yong, PAP MP for Radin Mas SMC.

Mr Yong inquired about the median rent for hawker stalls over the past two years, the potential for NEA to review the tenancy period to mitigate disproportionately high bids, and whether a ballot model with fixed rental rates had been considered.

In July, a bid of S$10,158 was submitted for a vacant stall at Marine Parade Central Market and Food Centre, the second-highest for the unit and reportedly the highest bid for a hawker stall in six years.

Of the top five bids for the Marine Parade stall, the highest bid of S$10,680 was withdrawn, with three others exceeding S$8,000.

MP Yong Warns High Rental Bids Could Trigger Ripple Effect on Food Prices

Mr Yong later in a supplementary question further raised concerns that some new hawkers, after placing high rental bids, may increase food prices to cover costs.

This, he said, could lead to other hawkers raising their prices, creating a ripple effect. He suggested the ministry implement a system, similar to the HDB resale portal, to alert prospective bidders when their bids exceed the median rent in the same hawker centre by 10%.

In response, Dr Koh said the ministry did not track food price increases in hawker centres with high rental bids but suggesting that market competition would naturally moderate prices.

He argued that hawkers with high rents would still need to offer competitive prices to attract customers and sustain their businesses.

He emphasized that excessive rental bids were outliers, and the majority of hawker centres continued to offer affordable food.

Dr Koh also supported the idea of improving transparency by providing detailed rental data on NEA’s website, helping bidders make more informed decisions.

MP for Bukit Panjang SMC Liang Eng Hwa noted that disproportionately high rents could undermine the original intent of hawker centres, which is to provide affordable food.

He suggested that NEA conduct due diligence on bidders, assessing their financial capacity to sustain high rental levels.

Dr Koh acknowledged the concern but cautioned against imposing stringent requirements that could disadvantage smaller hawkers.

He emphasised that hawker centres are competitive environments, and the market would filter out those unable to sustain their bids.

He reiterated that high rents affect only a small number of stalls, while most still offer affordable prices.

Leong Mun Wai, Non-Constituency Member of Parliament from Progress Singapore Party (PSP), raised the possibility of further liberalizing manpower policies to allow work permit holders to be employed in hawker stalls, referencing the mini restaurant licence scheme that allows some hawkers in coffee shops and food courts to hire such workers.

In response, Dr Koh stated that there were no immediate plans to allow work permit holders to work in hawker stalls. He stressed the importance of preserving the local hawker culture, which is primarily run by Singaporeans.

While LTVP holders can work in hawker stalls due to their familial connections, extending this to work permit holders is not being considered.

Instead, the focus remains on helping hawkers adopt more productive methods to reduce reliance on manpower, he added.