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Freedom of Information is a right for citizens and only way to make informed decisions

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Human right in Singapore is indeed in a sorry state because the laws and freedom that we enjoy today is a privilege and not an entitlement. Meaning it can be given and revoked at anytime if the government deems it necessary.

There are rights that citizens should enjoy but denied by the administration. One such right is the right to information. The Freedom of Information (FOI) can be defined as the right to access information held by public bodies. It is an integral part of the fundamental right of freedom of expression.

Singapore is a signatory to the Universal Declaration of Human Rights (1948) and under the Article 19 of the declaration states that the fundamental right of freedom of expression encompasses the freedom to “to seek, receive and impart information and ideas through any media and regardless of frontiers”.

However, the access of public information in Singapore is simply horrendous. Both on the media landscape and the government body. Information that the government releases. are often nothing more than jumbled up statistics that doesn’t tell the full story, such as reporting employment statistics that lump Singaporeans and Permanent Residents in one category and reporters do not care or dare to ask for the breakdown of information.

Though it is of no surprise to those living in Singapore after late Lee Kuan Yew suppressed the once-liberal press into his party’s propaganda mouthpieces.

Today, Singapore is ranked 154th under Reporters without Border’s World Press Freedom ranking.

In its report, It states that the government and its ruling party uses Strategic Lawsuits Against Public Participation to deter freedom of speech. Which consists of bringing defamation suits or other legal actions against isolated journalists and bloggers who cannot easily defend themselves against political powerful or weathly plaintiffs, with the aim of deterring them and their colleagues from contributing to the public debate.

The media in Singapore operate under the blessing if the ruling party. Under the National Printing Press Act (NPPA), media that are not endorsed by the government are denied the right to operate in Singapore. Those of foreign origin are allowed to operate so long it does not offend the establishment, examples have been made of publications such as Far Eastern Economic Review and Al Jazeera, who overstepped their boundaries given to them.

Journalists in Singapore, as much as they try, are unable to step out of the self-censoring mindset because their rice bowls depends on toeing the line, and even if they do manage to push boundaries, they are brought back to the confines of OB markers by their editors who are handpicked by the establishment.

We can rely on reporters for information in Singapore but we cannot trust them to tell the truth of the information that they report. The press in Singapore is either owned or co-opted into the system, helping to promote the good that the government has done and covering up the side effects that the policies bring to the people.

Censorship cannot be any more clearer than in the case of 14-year-old Benjamin Lim. It is widely understood that there was a black out of news on his suicide and circumstances. When many newspapers had interviewed his parents for their side of the story but none have decided to report on it or could not report on it because of internalised self-censorship and the threat of repercussion from the establishment.

The kind of response that came after the reports by the government has been disappointing. Instead of focusing on the lack of sensitivity by the police on handling minors, it decided to focus on the reports made by TOC which have been submitted by normal citizens.

In one of the TOC reports on how Police manage its arrests, one shared how her father was wrongly arrested by the police despite having dementia. CNA tried to report on the story along with the other stories that TOC gathered but was stopped by the powers that be.

And although Singapore has a population well-integrated in social media, many are deterred from voicing out their opinions because of the threat of being faced with lawsuits and repercussion in personal life.

Individuals such as Roy Ngerng and Amos Yee who have been prosecuted for their views and opinions, regardless of the validity of the content, have been made examples to the popluation. Since then, more have been silenced to speak up on issues that ought to be discussed.

Laws in Singapore on providing for free speech is essentially zero. The only thing I fear reporting in Singapore is not on the all powerful goverment but on corporate entities, because Singapore’s defamation laws are so liberal that one can sue another even without justification or a higher standards to fulfil when one’s target is a journalistic platform. And companies can hide behind their mistakes or grafts by simply silencing and threatening one with a massive legal battle.

Of course, freedom of expression does not mean a free for all right to say or do whatever you like, but still, one cannot be silent through legal threats and suppression from the society. Whether the opinion is right or wrong, one should be corrected with opinions and not lawsuits.

Freedom to information is the freedom to choose. Without information, one is deprived of options to choose from, sticking to only the beaten path instead of better routes to take.

One such example is the debate on death penalty. Many feel the need for the death penalty is for deterrence but yet studies have shown that death penalty does not deter the crimes that they are meant to and just recently, survey by the National University of Singapore has shown that majority of Singaporeans are not die-hard death penalty supporters as much as the establishment claim them to be.

Another clear example of how the government prevents the absorption of information is the lack of live feed of the parliament proceeding. There is no sense and logic in why there is no livefeed of the debates happening in Parliament, given its resources, apart from the point of trying to hide information from the public.

Sure, the parliament say that there is Hansard where the parliament proceedings are documented in but I can attest that there are certain stuff that happens in the parliament that are not documented. Such as the almost empty parliament during speeches and the behavior of certain MPs when it comes to bullying of the opposition parliamentary members. Perhaps, the government really believes a lag in broadcast can still garner interest with the public just as how it said it was ok to broadcast the Olympics hours after the event have ended.

A functioning democracy cannot do with proper information dissemination. Without unfiltered information, citizens will not be able to discern for themselves on the effect of national policies and the authenticity of claims made by politicians on issues and happenings in Singapore. Rendering the task of making an informed decision much daunting than it is for many citizens who have just too much things to cope with in life.

There is much to be done in improving the freedom of information in Singapore and it can only be done when people choose to ask for the rights that they are entitled to and not wait for every five years to make their voice to be heard.

This is an edited version of the speech delivered at Hong Lim Park on 10 Dec for Human Rights Day

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Opinion

Iswaran unlikely to serve full 12-month sentence under conditional remission and possibly home detention

Former Transport Minister S Iswaran is unlikely to serve the full 12 months of his sentence. Under Singapore’s Conditional Remission System, he could leave prison after serving less than eight months, with the remainder of his sentence served under strict supervision, including home detention. While Iswaran is scheduled to surrender on 7 October 2024, there is a possibility of an appeal.

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Former Transport Minister Iswaran was sentenced to 12 months in prison on 3 October 2024 for accepting valuable gifts while in public office and obstructing the course of justice.

The court granted Iswaran’s request to surrender himself at 4 p.m. on 7 October 2024 to begin his sentence. However, his lead lawyer, Davinder Singh, indicated that the start of the sentence could be delayed depending on “instructions,” hinting at the possibility of an appeal.

However, despite the 12-month sentence, it is highly likely that Iswaran will serve less time in prison due to Singapore’s Conditional Remission System (CRS) and potentially the Home Detention Scheme (HDS).

Under the CRS, prisoners in Singapore may be released early if they demonstrate good behaviour.

Typically, under the CRS, inmates are eligible for release after serving two-thirds of their sentence. In Iswaran’s case, this means he could be released after serving eight months in prison, with the remaining four months of his sentence subject to a Conditional Remission Order (CRO).

The CRO, a legal mechanism that enforces strict conditions post-release, requires compliance with several terms, such as reporting to authorities and avoiding any criminal activity. If Iswaran violates these conditions, he could face penalties, including being sent back to prison to serve the remainder of his sentence.

Alongside CRS, there is also the possibility that Iswaran could serve part of his sentence under the Home Detention Scheme (HDS), which allows prisoners to serve their final months under strict supervision at home.

Take the case of former Singapore Civil Defence Force (SCDF) Chief Peter Lim Sin Pang, for example.

Lim was sentenced to six months in prison in 2013 for corruption.

After serving three months in Changi Prison, he was supposedly placed on home detention for one month — if we consider how CRO grants him two months of remission — allowing him to complete his sentence under supervision.

Home detention meant that Lim would spend his remaining sentence at home under electronic monitoring, fitted with an electronic monitoring device, typically worn as an ankle bracelet, which allows authorities to track his location at all times.

Like other inmates under the HDS, his movements were tightly controlled, and he was allowed out only for specific activities, such as attending work, medical appointments, or rehabilitation programmes, during limited hours.

Any deviation from the permitted activities or failure to return home on time could lead to immediate consequences, including being returned to prison to complete the sentence.

Eligibility for home detention depends on various factors, such as the inmate’s behaviour during incarceration and the level of risk they pose to society.

This scheme aims to reintegrate prisoners into society while maintaining strict oversight.

If HDS is applicable, Iswaran might spend even less time behind bars, as he could transition to home detention before completing the full period under the CRS.

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Opinion

Why the silence by Minister Shanmugam on his S$88 million property sale?

Despite being quick to rebut allegations, Minister K Shanmugam has remained silent on the S$88 million sale of his Good Class Bungalow (GCB) in August 2023. The lack of public commentary, especially given the potential conflict of interest with the Singapore Land Authority’s role, raises questions.

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When it comes to addressing allegations, Minister for Home Affairs and Law, K Shanmugam, has shown he can respond swiftly and decisively, as seen in his and Dr Vivian Balakrishnan’s rapid legal actions against Mr Lee Hsien Yang (LHY) for defamation, as well as their recent rebuttal to LHY’s statement regarding the defamation costs paid to the two ministers.

However, the stark contrast in how Mr. Shanmugam has handled recent revelations about his own financial dealings, and his silence regarding the S$88 million sale of a Good Class Bungalow (GCB), is puzzling and raises concerns about transparency and potential conflicts of interest.

TOC had earlier disclosed that Mr Shanmugam sold his GCB at 6 Astrid Hill for a staggering S$88 million in August 2023.

The sale was to UBS Trustees (Singapore) Ltd, a transaction managed by legal professionals from his former law firm and concluded without any encumbrances like a mortgage. This deal turned a home bought for S$7.95 million into an S$88 million sale—garnering a massive profit.

This sale was made just a month after he made his ministerial statement explaining the circumstances of his leasing of the massive black-and-white bungalow estate at 26 Ridout Road from the Singapore Land Authority (SLA), a statutory board that he oversees as the Minister for Law.

This transaction, particularly the identity of the buyer and the approval process for such a high-value sale, is of public interest because GCBs are subject to stringent sale conditions.

They are generally only sold to Singaporeans or approved Permanent Residents who have made significant economic contributions to Singapore. The approval for such transactions typically comes from the SLA.

This raises an inherent question: Why has Mr Shanmugam not addressed the public regarding this substantial financial transaction, especially when such approvals could potentially involve his direct oversight? We have written to him for his comments but were met with silence.

We do not know who the actual beneficiaries of the property are, as it was sold to ‘The Jasmine Villa Settlement,’ a trust managed by UBS Trustees. The beneficiaries could be Singaporeans, foreigners, or a mix of both.

His silence is notable because it contrasts sharply with his and other ministers’ rapid responses to allegations made by LHY.

The potential conflict of interest in the sale of the minister’s GCB is similar to earlier concerns about his rental of a black-and-white property at 26 Ridout Road, which also involved the SLA from which he has said to have recused himself from decisions made. Notably, the government has also cleared him of any wrongdoing.

The lack of public commentary from Mr Shanmugam about the sale of his GCB, despite the potential need for SLA’s approval, and the silence from the mainstream media on this revelation, merit scrutiny.

The public deserves to know:

  • Who was the buyer and, if the buyer is a non-Singaporean, who approved the sale to UBS Trustees and under what criteria? Especially since GCBs can only be sold to Singaporeans or Permanent Residents who have not only been resident in Singapore for over five years but have also made exceptional economic contributions—a criterion subject to the subjective approval of the authorities.
  • Was there any conflict of interest given the minister’s role over the SLA? This is particularly pertinent given that the SLA, which falls under the purview of the Ministry of Law, would typically be involved in approving such transactions if the buyer does not meet the usual criteria. Moreover, given the huge sum involved in the transaction, extra scrutiny is warranted, especially as Mr. Shanmugam is a public servant holding significant power.
  • Why has there been no public statement from Minister Shanmugam on this matter, especially given the rapid response to defamation accusations? His silence contrasts sharply with his prompt responses to other public issues, raising questions about consistency and transparency in handling personal financial dealings versus public allegations.

Minister Shanmugam’s transparency in this matter would reaffirm public trust and ensure that his actions as a minister do not conflict with his personal financial dealings.

His response, or lack thereof, will significantly influence public perception of his commitment to transparency and accountability in his official capacities.

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