Tag: EP

  • Dr Tan Cheng Bock: Don’t Be Afraid To Fight For What’s Right

    Dr Tan Cheng Bock: Don’t Be Afraid To Fight For What’s Right

    Happy National Day 2017

    Dear Singaporeans,
    This year has been an eventful year for me. In all that I have done, I believe that it has been for the good of our country. I want future generations to be proud of Singapore and all its achievements. Let us have the courage to stand up for our convictions. Never be afraid to fight for what is right. We all want the best for our nation.

    I look forward to celebrating National Day with my family and friends, and enjoying my grandchildren.

    My family and I wish you all a Happy National Day.

     

    Source: Dr Tan Cheng Bock

  • Dr Tan Cheng Bock: In A Democracy, We Must Question, Exchange Ideas

    Dr Tan Cheng Bock: In A Democracy, We Must Question, Exchange Ideas

    What is the definition of an Elected President? Does the government have the discretion to decide when to start a term count before a reserved election is triggered? And was the Attorney-General’s Chamber’s (AGC) advice to the Prime Minister on the reserved election a “mistake of law”?

    These were the issues that took centre stage during former presidential candidate Tan Cheng Bock’s appeal against a High Court ruling on his constitutional challenge to the timing of the reserved presidential election

    The case was heard on Monday (31 July) in a packed gallery at the Court of Appeal before five judges: Chief Justice Sundaresh Menon, Judge of Appeal Judith Prakash, Judge of Appeal Steven Chong, Justice Chua Lee Ming and Justice Kannan Ramesh. Some 50 members of the public, many of them supporters of Tan, also waited outside the courtroom.

    Tan and his wife Cecilia were both present. Aljunied Member of Parliament Sylvia Lim, whose name was referenced several times during the hearing, was spotted in the gallery, along with former National Solidarity Party chief Lim Tean.

    The High Court ruling

    This year’s presidential election is reserved for Malay candidates, following constitutional amendments last year that reserves an election for a particular racial group that has not been represented in the office for five consecutive terms. The term count starts from the late Wee Kim Wee, according to the government, as he was the first to wield the powers of an Elected President.

    Earlier this month during a High Court hearing on his legal challenge, Tan argued through his lawyer Chelva Retnam Rajah that the term count should start from the late Ong Teng Cheong as Wee was not elected by a popular vote. In rejecting his arguments, Justice Quentin Loh noted that the Constitution states that a President can be “any person for the time being exercising the functions of the office of the President”.

    Loh referred to two articles of the Constitution. Specifically, “Article 19B(1) provides for a Reserved Election for a community if no person from that community has held the office of President for any of the five most recent terms of office of the President” while “Article 164(1)(a) provides for Parliament to specify the first term of office of the President to be counted under Article 19B(1) (“First Term”).”

    The High Court then also found that there is nothing in the text or textual context which limits Parliament’s power by requiring Parliament to start the term count from the term of office of a popularly elected President.

    The appellant’s claims

    Rajah, who represented Tan again, argued his case against the ruling on three main points. Firstly, he maintained that Article 2 of the Constitution, which sets out the definition of the “president of Singapore”, refers only to an Elected President. The term count should therefore start with the late President Ong.

    Secondly, President Wee’s second term in office was only chosen for the start of the term count because Parliament mistakenly thought he was an Elected President. Rajah pointed out that the “specific mischief” outlined in Article 19B(1) was to invoke a reserved election if a particular race had not been represented for five consecutive elections.

    Thirdly, Parliament acted under a “mistake of law”, based on the advice of the AGC, which has not been publicly disclosed. Rajah noted Prime Minister Lee Hsien Loong’s speech to Parliament on 7 November last year, when Lee said, “We have taken the Attorney-General’s advice. We will start counting from the first President who exercised the powers of the Elected President, in other words, Dr Wee Kim Wee. That means we are now in the fifth term of the Elected Presidency.”

    Rajah noted that during the parliamentary debate on amendments to the presidential election last November, Aljunied MP Sylvia Lim had prefaced her questions with a statement that the Attorney-General advised the PM to start the term count from President Wee, “no one corrected her, not even PM Lee”.

    CJ Menon noted, “You’re saying (that) Parliament’s decision was repeatedly framed by the Attorney-General’s advice (and) predicated on legal advice which you contend is wrong.”

    In response, Rajah quipped, “Your Honour has perhaps understood my argument better than I have.”

    The respondent’s claims

    Proceedings were temporarily interrupted when Zeng Guoyuan, a would-be parliamentary candidate on multiple occasions, was escorted out of the gallery by a security officer after he continually interrupted the hearing with his remarks. “Don’t waste the court’s time,” he said, as he walked off.

    Representing the government, Deputy Attorney-General Hri Kumar said, “There has been a narrative since this application was filed…that there has somehow been a re-writing of history…that Wee Kim Wee has been deemed an elected president. (But) no one said he was an elected president…the government had to start the count somewhere and it gave its reasons for starting with Wee Kim Wee.”

    Kumar charged that Tan’s case was based on “staggering errors of fact, law and logic”. He stressed that Article 164, a transitional provision for Article 19B, gives Parliament “unfettered” discretion to decide when to start the term count and does not restrict it to popularly elected presidents.

    Addressing Rajah’s claim that there had been a “mistake of law” following the Attorney-General’s advice on the reserved election, Kumar denied this. “The nature of the advice was not disclosed or even discussed in Parliament. The Prime Minister started the count from Wee Kim Wee not because he was an elected president, but because he exercised the powers of the Elected President. It was a policy decision.”

    He added, “The appellant asserted that the Attorney-General had told the Prime Minister to start the count from Wee Kim Wee, which is not what the Prime Minister said at all.”

    Judgement has been reserved in the case. It is not known when the Court of Appeal will make its decision known.

    Speaking to reporters at the end of the hearing, Tan said, “It is not just acceptance (of the government’s decision), we must question it…If at the end, it is found we were wrong, then we accept it. That is what democracy is about: exchange of ideas.”

    His wife Cecilia added, “If we are right, the government should accept it as well.”

    Source: https://sg.news.yahoo.com

  • Judgment Reserved For Dr Tan Cheng Bock’s Appeal Against Reserved EP

    Judgment Reserved For Dr Tan Cheng Bock’s Appeal Against Reserved EP

    The Court of Appeal has reserved judgement on the appeal by former presidential hopeful Tan Cheng Bock against the basis and timing of the coming reserved Presidential Election, after a panel of five judges heard the case on Monday (July 31).

    The court gave no date as to when the judgement by the five judges, among them Chief Justice Sundaresh Menon, would be delivered. The other four judges hearing the case are Judges of Appeal Judith Prakash and Steven Chong, as well as Justices Chua Lee Ming and Kannan Ramesh.

    Dr Tan told reporters: “Singaporeans must fully understand the issue, not just accept (it). If in the end, we are found to be wrong, then we accept it. That’s what democracy is about.”

    He filed the appeal to the apex court after his earlier legal challenge was dismissed on July 7.

     

    Source: www.todayonline.com

  • PE 2017 Candidate Farid Khan: Rationale Behind Reserved Presidency Is Noble

    PE 2017 Candidate Farid Khan: Rationale Behind Reserved Presidency Is Noble

    Like his rival contender, Mr Salleh Marican, Mr Farid Khan, 62, his is a rags-to-riches story that has made the rounds of media publications. He stopped school when he was 13 years-old to support his family. He worked his way through jobs like cleaning toilets, and cutting grass before ending up in the marine sector as a captain’s steward on a ship when he turned 21. Now, he’s chairman of a regional marine sector company with a shareholder’s equity of US$300 million (S$407 million).

    Jokingly, I said that a scion of some billionaire family would do well to stay out of the presidential fray given the sterling background credentials of the two potential candidates. It is a story that he hopes would resonate with the populace – a poor boy made good who is now trying to serve his country. But why president? The answers came out readily: about being asked to serve, having reached the stage of life when he can put aside family and business cares, and deciding to heed the call of duty. A man, he said, had asked him if he was willing to die for his country. He said he would and the man retorted: “Then why are you afraid to serve?”

    He laughs easily. He is a tall, strapping man who would dignify any room of people. He looks the part but can he play the part? Over an hour, we ranged over several issues.

    His suitability as president

    He laments that the private sector qualification threshold has been set so high. At $500 million shareholder equity, few companies would cross the bar. Even his French employer, Bourbon, which deals in offshore oil and gas marine services like freight and cargo, has only four times as much in shareholder equity at 1.2 billion euros last year. But he thinks his appointments in other companies would help raise the numbers. What else would he bring before the Presidential Elections Committee? He cited his international links. As the chairman of Bourbon Offshore Asia, he is used to talking business with foreigners.

    He also stressed his non-partisan, independent stance. Clearly, he is no Establishment figure. He meets government officials only at business events, has never been to the Istana or even spoken to any previous presidents besides saying “hi’’ to the late President S R Nathan whom he bumped into while jogging in East Coast Park. He has no party political connections, not with the People’s Action Party nor the Workers’ Party, both of which were said to have courted Mr Salleh.

    It led me to think about whether he knew enough of the workings of government to be able to talk to the Prime Minister and his Cabinet as equals. Several times, he bumped his fists together, saying that he was not in favour of a confrontational relationship. He saw himself as a representative of the people and that should be the chief consideration for any G executive who has to deal with him. He saw himself as mediator or adviser.

    What would he do, for example, if he objects to the G’s choice of a key appointment holder? “I would approach a different way. If you want me to decide, give me three good names. And to the best of my judgement, I will make the decision. If I’m not sure, I ask my Council of Presidential Advisors (CPA).”

    That is how business is usually done, he said. He would after all be advised by his CPA. Who are the three he would name to be part of the eight member council, we asked. He said it would depend on what sort of expertise was lacking in the council, which also has three members nominated by the Prime Minister, one by the Chief Justice, and one by the Chairman of the Public Service Commission. Thinking aloud, he thought a constitutional expert would be useful given his own inexperience in the area, “a good financial guy” with knowledge of global finance and someone very strong in social work.

    We got into a tangle over the constitution.

    Did he think the provisions on the presidency should be entrenched? He confessed that he was unclear about why the G was balking on this and it would be something to discuss if he was elected president.

    He was also asked about the late President Ong Teng Cheong’s open squabble with the G on the extent of his powers in 1999. Mr Farid said the elected presidency was a new concept then. As a former PAP man, Mr Ong had to play a “completely independent” role as President, which was then “quite uncharted territory”. Personally Mr Farid thought the G felt “challenged” by Mr Ong’s approach. Maybe his approach was “right” at that point in time, but for himself Mr Farid would ask questions in a “little bit different way”.

    As much as he is “is diligently going to watch the reserve”, it’s “quite difficult” if the G is asked for “each and every detail” he said. Instead, he would get input from the G and ask how a financial crisis for example can be managed, rather than for the detailed value of every asset.

    He was on firmer ground on the subject of the reserves, ticking off on his fingers the number of times presidential assent has been sought and given. Like in Oct 2008 during the global financial crisis when former President S R Nathan approved a $150 billion guarantee on all bank deposits in Singapore to be backed by past reserves. It was not used. And three months later, when Mr Nathan gave the G approval to draw on $4.9 billion of reserves to fund the Jobs Credit Scheme and the initiative which helped certain companies have greater access to credit. In the end, $4 billion was drawn and the sum returned to the coffers by Feb 2011. He said his “confidence is high because of that”.

    Given the G’s track record in financial management, he reckons the President’s “job is little bit easier” because he’s “sure there is a mechanism in place”. And that is what he wants to know more about: “the kind of mechanisms you have in place, rather than how much money you have inside the bank”, he said.

    Role of president

    At his maiden press conference on July 11, his comment that there was a “thin line’’ between what a President can do or not do had raised eyebrows. Asked to elaborate, he clarified that while the “the scope and responsibility of the president is quite clear”, it was easy to cross the line. Not that he had any intention of doing so. For him, it was a clear line. He would stay out of the business of government, but would advocate social issues, like strengthening the trust between different races and religions, help the needy and youth at risk, and strengthening families.

    What about his statement that he would get involved in countering radicalisation of Muslims? Would this not be dipping his toes in controversial waters, given the range of Muslim thought and practice? “Not really. I’m more into the perception of Islam, on radicalism where not everybody is like that… make sure that other [communities] do not isolate them.” And this is not about protecting the Muslim community alone because radicalism affects all Singaporeans, he said.

    As a Muslim, he follows the Shafi’i jurisprudence, which is the predominant school of thought in the Malay community, unlike Pakistan which generally follows the Hanafi school. He is active in Masjid Tentera Diraja at Clementi Road, next to the National University of Singapore (NUS), which has a youth-at-risk programme that he supports financially. Annually, about 70 to 80 youths are supported through the mosque. Whether it’s through providing them with positive role models or help with finding jobs, “somebody needs to be there, to hold their hand, bring them in”, said Mr Farid.

    His multi-racial credentials

    He was prepared for questions on a reserved presidency. He said that as a non-Chinese, he has to “thank the government” for ensuring minority representation in the highest office of the land. He was looking forward to a more crowded arena, so that the people can see that the community was throwing up enough qualified choices for them to pick from.

    And he would have run even if this was an “open’’ election. Why not the last time? Because he was still building his company and raising a family with two children.

    What about charges that he was trying to get into office through the back door? “In fact the bar has been raised much higher compared to PE2011. The only difference is that this time round it has been reserved for the Malay community. To convince the other races, that is the difficult part. I can see that. But if I’m independent, non-political, I care for all Singaporeans… you can see my team, it’s a mixture of a races.

    “I always want to look at positive impact than negative. If the door is open, go down there, don’t throw stones from outside… Find out what exactly is the true intention. If the intention is minority representation, that is a noble thing.”

    His chief asset on the multi-racial front is his work in Careers@Maritime programme at Mendaki SENSE which he started in mid-2013. He made clear that G-aligned or not, the platform “can reach a lot of people” at the grassroots level. So “take the politics out of it, and see how we can use the platform to benefit the people”. A year into the programme he lobbied for it to be opened to all races. His committee had members of various races who also reached out to the Chinese self-help group CDAC, Indian self-help group Sinda and The Eurasian Association.

    Still, he acknowledges that “it will be tough” to campaign because he’s a “very private person” and “not many people know” him. Those who do, know him as a nice man, he said, a point he made several times. Which made us wonder how he would fare in the hurly-burly of an election campaign, however staid and sedate, and if he could stand up to personalities in the G if elected.

    When we mentioned that it was like jumping from a private to a public swimming pool, he replied with a hearty laugh:  “But I can swim ah, I’m a good swimmer.”

    May things go swimmingly for Mr Farid.

     

    Source: http://themiddleground.sg

     

     

  • Ismail Kassim: Singapore Needs A White Knight To Save Country From PAP’s Reserved EP Mess

    Ismail Kassim: Singapore Needs A White Knight To Save Country From PAP’s Reserved EP Mess

    The coming EP (Reserved only for Malays) election has placed the PAPpies in a shit-pot from which they could not climb out without considerable loss of face.

    So, rather than reverse course, they would rather ram through it, even at the risk of turning the next EP into a symbol of disunity, and the fount for all kinds of embarrassing jokes, for the next six long years.

    Is there a way out of this mess that could satisfy all sides and result only in a small loss of face for the ruling party? In such a case, the PAPpies might just accept it.

    Is there such a White Knight lurking round the corner?

    Let’s not give up yet. There is still a needle point of hope – even at this late stage – that something could happen that will put our little red dot on the right path.

     

    Source: Ismail Kassim