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Amendments to Criminal Law (Temporary Provisions) Act to take effect on 1 January 2019

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The amendments to the Criminal Law (Temporary Provisions) Act, which were passed in Parliament on 6 Feb 2018, will take effect on 1 Jan 2019, announced the Ministry of Home Affairs (MHA) in a press release on Tuesday (11 December).

The ministry stated that the Act provides for the maintenance of public safety, peace and good order through the detention and supervision of persons associated with activities of a criminal nature, via the issuance of Detention Orders (DOs) or Police Supervision Orders (PSOs).

“The powers under the Act have been used judiciously, and only in cases where prosecution in Court was not possible, for example, when witnesses were unwilling to give evidence in Court due to fear of reprisals. It has been used, for example, to deal swiftly and effectively with people associated with secret societies, as well as organised criminal groups such as drug trafficking and loansharking syndicates,” the ministry stated.

The Act has been in force since 1955. The temporary nature of the Act refers to the sunset clause which requires the Government to seek Parliament’s endorsement every five years, each time it wishes to have the CLTPA renewed. The next extension will come into force on 21 Oct 2019, which makes this to be the 14th extension of the Act.

The ministry stated that the amendments to the Act introduce a Fourth Schedule, setting out the list of criminal activities for which the powers of detention and supervision under the Act will apply. The ministry claims that this, in effect, will restrict the Minister’s exercise of powers and also increases accountability on which types of activities could be the subject of a detention order.

“There will be a new subsection in the Act that clarifies that the Minister’s decisions on matters such as whether a person has been associated with activities of a criminal nature and whether it is necessary to detain such a person in the interests of public safety, peace and good order, are final. This amendment codifies the existing law, as articulated by the Court of Appeal in the case of Tan Seet Eng vs Attorney-General, that it is for the Minister to decide on the facts of detention,” the ministry stated.

Under the Act, the Minister can make a Police Supervision Order (PSO) against a person whom the Minister is satisfied that he has been associated with activities of a criminal nature and that he should be subject to the supervision of the Police.

With the amendments, the ministry noted that the list of obligations that a person under PSO must comply with will be set out in subsidiary legislation. The Minister can then tailor conditions for each supervisee, based on the different risks and needs of different supervisees, to facilitate the rehabilitation of supervisees.

“The amendments to the Act will strengthen the administration of the criminal law regime,” the ministry stressed.

The Act was passed by Parliament this year after a four-hour debate which saw all eight Workers’ Party MP who were presented to vote against the Act.

Three Human Rights Non-government organisations, Function 8, Think Centre and Community Action Network also wrote a statement against the Act, saying that under the PAP government, Singapore has remained a politically immature country for the past 52 years. The government continues to rely on this draconian law to govern and indeed, over the years has deemed it fit to extend its power over ordinary crimes which are already taken care of by the arsenal of legislation existing today.

The NGOs stated that the CLTPA has serious consequences for the people of Singapore. The amendment bill has even more serious implications for law-abiding citizens. From its original intent of dealing with alleged communists, its application has been extended to criminal activities of secret societies, unlicensed moneylending and drug trafficking after it was no longer possible to use the communist threat as a reason.

Ms Teo Soh Lung also wrote an article, titled, “Stop extending the Criminal Law (Temporary Provisions) Act!“.

She wrote that the harshness of the CLTPA and the ISA is well known. It terrorises the ordinary people.

“It will be a terrible mistake and a breach of trust of the people of Singapore if the CLTPA is extended for the 14th time. What is made worse in the amendment bill is that its scope will be extended to more offences which are already taken care of by our existing laws. Are our police so incapable of investigating real crimes?” she wrote.

“Imagine yourself being the person who is detained under the CLTPA. Imagine yourself to be Dan Tan who was ordered to be released by the Court of Appeal but re-arrested and re-imprisoned indefinitely under the CLTPA after a few days of freedom. How would you feel? Don’t tell me that it will never happen to you! If it happened to Subhas Anandan, it can happen to you!” she added.

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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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