SINGAPORE — As the Republic seeks to entrench the 25-year-old Elected Presidency (EP) scheme in the Constitution, the United States provides a “striking example” of the need to strike a balance between rigidity and adaptability when designing the entrenchment framework, Deputy Prime Minister Teo Chee Hean told the House on Monday (Nov 7).

“Numerous US Presidents have emphasised the need for the Constitution to be a living document. Yet, scholars have observed that it is ‘almost impossible’ to amend the US Constitution,” he said.

To date, only 27 of the almost 12,000 proposals to amend the US Constitution have been successful, Mr Teo noted. The US example illustrates the important point that the Constitution “must, in one way or another, continue to evolve over time”, he said.

In his speech on the proposed amendments to the EP, Mr Teo nevertheless said it was “critical” to have an entrenchment framework for the EP, given the risk of a Government “bent on raiding the reserves or compromising the public services” demolishing the scheme to rid itself of the additional check posed by the President.

Mr Teo explained that the Government has approached the issue based on three considerations: Which provisions should be entrenched, should the referendum requirement be revised, and should the Council of Presidential Advisers’ (CPA) views be given legal weight in the entrenchment context?

The entrenchment framework proposed by the Government in its White Paper will cover only the provisions establishing the EP and its core custodial powers.

Currently, the same referendum requirement is applied “bluntly to all entrenched provisions” should the Government want to proceed with changes despite the disagreement of the President and his advisers, noted Mr Teo.

Under the Bill, the entrenched provisions would be categorised into two tiers: The first group would contain provisions fundamental to the existence of the EP, and the entrenchment framework itself. The second would comprise provisions relating to more operational aspects of the EP and its custodial powers, and it may not be necessary to put such issues to a national referendum.

Highlighting the “inherent limitations” of referendums, Mr Teo said emotions and misinformation can have a big influence on voting patterns. He cited, for example, the Brexit referendum earlier this year in which Britain voted to leave the European Union.

Mr Teo said the Government believes there is a need to accord legal weight to the CPA’s recommendations, “so that it can serve as a counterbalance, as it already does in other areas relating to presidential vetoes”.

“This is so particularly since the entrenched provisions concern areas where disagreements between the President and the Government might be sharp and intractable,” he said.

SINGAPORE — To boost Singapore’s position as a legal hub for settling commercial disputes, the Ministry of Law (MinLaw) is seeking to allow third-party funding.

This means an entity that is not involved in a dispute can help bear one side’s legal fees — typically the claimant — in exchange for a share of the damages awarded.

The Civil Law (Amendment) Bill tabled in Parliament on Monday (Nov 7) also proposes letting law firms that deal solely in financing claims refer funders to clients. But the firm cannot get direct financial benefits — such as commissions — from doing so. The use of third-party funders must also be disclosed to the tribunal and opposing party.

The move comes as demand for legal services, especially in dispute resolution, are set to grow, said MinLaw. Last year, there were 271 new cases filed with the Singapore International Arbitration Centre — its highest in recent years.

The ministry had said that third-party funding is increasingly used in other arbitration centres such as London, Paris and Geneva. So, allowing the same here ensures that foreign companies settling disputes here can use a wider range of funding tools.

Currently, third-party funding is not allowed, so as to guard the judicial system from becoming a site for speculative business ventures and potential abuse of court processes.

Some lawyers said the move would solidify Singapore’s position as a leading arbitration hub, and in particular, help smaller and medium-sized companies finance potentially protracted legal proceedings.

Providence Law Asia’s managing director Abraham Vergis said: “It has allowed them to pursue claims against larger corporations, especially after major strategic initiatives have failed, and they are particularly cash-strapped.”

Some lawyers, however, said the move might not necessarily translate to a growth in arbitration cases flowing to Singapore.

“Most sophisticated funders will conduct very detailed assessments of the merits of the cases before they take them on. Therefore, it is unlikely to really add to the overall portfolio,” said Mr Paul Tan, a partner at law firm Rajah & Tann. “However, it may prevent parties from moving away from using Singapore when deciding which city to stipulate as the seat of arbitration.”

Meanwhile, MinLaw also introduced the Mediation Bill yesterday, which seeks to strengthen the enforceability of settlements. The Bill proposes that parties in a dispute may record a mediated settlement as a court order, which can be enforced if there is a breach of terms.

Currently, an aggrieved party has to initiate court proceedings if there is a breach of contract.

SINGAPORE — Although layoffs have spiked, Manpower Minister Lim Swee Say (picture) told Parliament on Monday (Nov 7) that there is no clear evidence that irresponsible retrenchment practices are on the rise.

The Ministry of Manpower (MOM) received 63 retrenchment-related cases in the first nine months of this year, with 14 of them being appeals by workers who were dismissed but felt they had been laid off and were due retrenchment benefits.

In comparison, the whole of last year involved 94 such cases, of which 15 were appeals.

But all but one of these 29 appeals were not entitled to retrenchment benefits, Mr Lim said.

This was because these workers had either worked in their companies for less than two years, or did not have retrenchment benefits spelt out in their employment contracts or in the collective agreements between their firms and unions, he added. In the last case, the MOM is helping the worker to resolve the issue.

“On the whole, these cases account for a small proportion of the total number of local employees retrenched in 2015 and 2016 so far,” Mr Lim said, in response to questions from Members of Parliament Seah Kian Peng (Marine Parade GRC) and Tan Wu Meng (Jurong GRC).

More than 9,500 people were laid off from their jobs in the first six months of this year, the highest since 2009. The number of layoffs last year was 15,580.

Retrenchment benefits are not mandatory under the law unless they are provided for in employment contracts or collective agreements.

The Tripartite Guidelines on Managing Excess Manpower and Responsible Retrenchment say retrenchment benefits should be given to workers who have been with the firm for at least two years before they are laid off. Those who do not qualify could be given an ex-gratia payment, the guidelines state.

The MPs’ questions came after the labour movement expressed concern about disguised retrenchments, and urged the Government to pay greater attention to the issue to better protect vulnerable workers.

Last month, TODAY reported some examples of how firms disguised layoffs to avoid paying retrenchment benefits, as shared by Mr Patrick Tay, who is the National Trades Union Congress’ assistant secretary general.

For instance, employers would terminate contracts at one month’s notice, citing that they were shedding headcount. Or workers would be asked to resign voluntarily when firms wade into troubled times, with their employers saying that getting terminated “doesn’t look good on you”.

Yesterday, Mr Lim told the House that the authorities have organised job fairs for retrenched workers. Nearly 2,000 of the 3,300 or so retrenched workers who sought help in the first nine months of the year have secured jobs, he added.

Dr Tan asked whether the MOM would continue keeping tabs on changing employment norms, especially with new trends such as the gig economy, where independent workers on short-term contracts abound.

Mr Lim responded that the ministry would, as part of an ongoing survey on changes in the employment landscape, gather more information on workers who are part of the gig economy, including the self-employed.

If such “portfolio” workers without an “employer-employee relationship” rise in numbers, the MOM would be concerned about their welfare, including skills upgrading and retirement planning. The ministry will decide on its next step based on the survey findings, he added.

SINGAPORE: Members of Parliament speaking on Day 1 of the debate on changes to the Elected Presidency scheme expressed support for instituting a mechanism to ensure multi-racial representation in the Presidency.

The three MPs who spoke on Monday (Nov 7) after Deputy Prime Minister tabled the Constitution of the Republic of Singapore (Amendment) Bill were MacPherson Single Member Constituency (SMC) MP Tin Pei Ling, Jurong Group Representation Constituency (GRC) MP Tan Wu Meng, and Bukit Batok SMC MP Murali Pillai.

HEAD OF STATE MUST REFLECT SINGAPORE’S MULTI-RACIALISM: TIN PEI LING

Ms Tin Pei Ling spoke of the need to ensure that the Elected Presidency reflects Singapore’s multiracialism, adding that the imperative of doing so “goes beyond fulfilling our ideal of a multi-racial society”.

There is a need, she said, for Singapore to assert its independence and multi-racial complexion because of the geopolitical realities it faces.

She explained that with 75 per cent of Singapore’s population being ethnic Chinese, it is easy to mistake Singapore as a Chinese society, and “this is not a figment of our imagination.”

“In the not-so-distant past, many people in the West had either not heard of Singapore or often mistook Singapore as part of China. Even today, after years of hard work in fostering multi-racialism and positioning ourselves as a multi-racial society, Singapore is still nicknamed as a ‘po xian‘ amongst some groups of PRC nationals, referring to us being a county – and not even a province – of China,” she said.

And while Singapore should continue strengthening its relationship with China, Ms Tin said perceiving Singapore as a Chinese county “undermines our independence and standing as a sovereign nation”.

“That the majority of our population is ethnic Chinese is a fact,” she said. “But we must make sure that our Head of State – an important national symbol – reflects our multiracialism.”

IMPERFECT HUMAN BEINGS, LESS THAN PERFECT CONTEST: TAN WU MENG

While the GRC system was controversial in its early years, its value as a safety check is now evident today, in order to avoid a freak election result where every elected MP is of the majority race, said Mr Tan Wu Meng.

“Likewise, there is value in reserved elections as a safety valve for the Elected Presidency, so that every generation has a chance to see a President elected from their own community.”

Mr Tan said the reality of human nature is such that we are all “imperfect human beings”.

“And when we have imperfect human beings taking part in a closely contested election with racial differences, the contest can be less than perfect,” he said. “Candidates facing the same finish line, but some will have had to walk further and longer and harder – just to get to the starting line.”

But he noted that improving the process of the Elected Presidency is “just one step”.

“We all can play a part to strengthen our multi-racialism,” he said. “So that someday these provisions of a reserved election will no longer be needed, when we have become a more perfectly united people.”

“A SIGNAL AND A SAFEGUARD”: MURALI PILLAI

Mr Murali Pillai said the amendments to provide for a reserved election “have a direct impact on what it means to be Singaporeans and how we signal to all communities in Singapore the importance of ensuring we always remain an inclusive society”.

Explaining why the change would not just be a safeguard but an important signal to all groups, Mr Murali spoke of how Singapore’s Malay community chose to remain in Singapore, even though they found themselves a minority after independence from Malaya.

“They remained knowing Singapore’s declared commitment to meritocracy, equality, and multi-racial and multi-religious pluralism. This was a brave move on the part of the Malay community. No one could have then foreseen how the different communities in Singapore would manage race relationships between them,” he said.
“But, the Malay community placed full trust and worked with the Government
which on its part also ensured that the community’s interests are always protected, in
recognition of their commitment to the country.”

Mr Murali noted that ensuring the progress of all communities is a guiding principle of the People’s Action Party, and the successive governments it has formed.

“Singaporeans should continue to vote for the President on the basis of who they feel is the best person for the job irregardless of race, language or religion. Should, however, there be a situation where 30 years have elapsed without a President drawn from the minority community, then, for the sake of ensuring we always remain an inclusive society, the inclusion provision will kick in.” 

The debate continues, with more MPs expected to speak over the rest of the week.

SINGAPORE: As an “adviser” to Malaysian tycoon Jho Low, ex-BSI banker Yeo Jiawei instructed a relationship manager at Amicorp bank to set up bank accounts for two shell companies, a Singapore court heard on Monday (Nov 7).

Mr Jose Renato Carvalho Pinto, an employee at Amicorp Group, was giving evidence in the trial of Yeo, who faces four counts of perverting the course of justice by allegedly urging witnesses to lie to the police and destroy evidence.

Prosecutors have charged that Yeo, 33, carried out illicit transactions through Amicorp Group.

Mr Pinto testified that Yeo asked him to set up bank accounts for two offshore companies – Aabar Investments PJS (incorporated in Samoa) and Aabar International Investments PJS (incorporated in BVI).

It was only after Yeo was charged in April this year – and after Yeo was paid US$4 million in bogus referral fees – did Mr Pinto realise these entities were fake and were meant to be confused with the original Abu Dhabi-based Aabar Investments PJS, he claimed. “Amicorp was cheated,” Mr Pinto said. 

Mr Pinto also testified that he set up bank accounts for Mr Low and his family on Yeo’s instructions. Yeo took charge of the Low family’s accounts at Amicorp, and communicated with Mr Pinto at least once a week, the relationship manager said. 

When Yeo was questioned by the Commercial Affairs Department (CAD) in October 2015 on suspicion of money laundering, he allegedly called Mr Pinto, based on Hong Kong by that time, and asked him to destroy his laptop. He also told Mr Pinto not to travel to Singapore, lest he be questioned by the CAD.

YEO WAS ‘ARROGANT, AGGRESSIVE’ WHILE WORKING UNDER JHO LOW: PINTO

Testifying in court on Monday, Mr Pinto recounted meeting Yeo in 2011 when the latter was a wealth planner at BSI bank. He described Yeo as a “hard worker, very intelligent, knowledgeable about the financial industry.”

Things changed when Yeo left to work for Mr Low, travelling around with the billionaire on his private jet and super yacht. He became “arrogant and aggressive”, Mr Pinto said, calling his associates Mr Samuel Goh and Kelvin Ang “working level” because their jobs were to follow Yeo’s instructions.

According to Mr Pinto, Yeo also had a penchant for showing off. For example, he sent Mr Pinto a picture of himself at the Mayweather vs Pacquiao boxing match in Las Vegas and subsequently an invoice of US$1.36 million for 27 tickets to the match, he testified.

Yeo’s trial continues on Tuesday. 

SINGAPORE — Even though the overall resignation rate for the entire teacher population was low at around 2 to 3 per cent over the past decade, the resignation rate for those in the first five years of service is slightly higher, averaging at about 3 to 4 per cent a year in the same period.

Usually, there would be an “uptick” in the resignation rate to about 5 per cent for teachers when their bonds end.

Minister of State for Education Janil Puthucheary revealed these figures in Parliament on Monday (Nov 7), adding that workload was not commonly cited as a factor by teachers who leave, and the main reasons for resignations were related to issues such as childcare and the desire to switch profession.

He was responding to questions from Members of Parliament (MPs) — Dr Lim Wee Kiak, Mr Muhamad Faisal Abdul Manap, and Non-Constituency MP Daniel Goh — who were concerned about teachers leaving the service.

Recognising that teaching is a demanding profession that requires significant commitment and deep skills, Dr Puthucheary told the House that the Education Ministry (MOE) ensures the teachers are “fairly remunerated” and provided with opportunities to grow in their careers, and it also takes care of their welfare.

Schools also regularly review work areas that may be stopped if they are no longer relevant or meaningful, or they are simplified to reduce duplication and optimise efforts, he said. Good practices are shared to improve work management as well, he added.

When asked by Associate Professor Goh on whether teachers have given feedback about workload in the annual teacher satisfaction survey, Dr Puthucheary said that administration overheads were an issue, but the ministry is putting in place IT solutions to address this.

Efforts are ongoing to provide teachers with professional development, with MOE working to ensure that every teacher has at least 100 hours of professional development each year.

On the teacher satisfaction survey, Dr Puthucheary noticed a “striking point”: A big group of teachers felt that the value and respect accorded to them was reducing.

“And yet, this would not stop them continuing within the teaching profession, and they found this a very meaningful profession,” he said.

SINGAPORE: The debate on proposed changes to the Elected Presidency system kicked off in Parliament on Monday (Nov 7).

The debate, which is expected to last three days, will see Members of Parliament (MPs) speaking about the changes, which include raising the eligibility criteria and reserving an election for a particular racial group if there has not been a President from the group for five consecutive terms.

Prior to the start of the debate on Monday, Speaker of Parliament Mdm Halimah Yacob delivered a message to Parliament on behalf of President Tony Tan Keng Yam, in which he urged MPs discussing the proposed changes to keep Singapore’s future in mind. The Elected President must act in accordance with the roles prescribed in the Constitution and not hold back the Elected Government of the day from performing its executive role or serve as a second centre of power, he said. 

In a 1.5-hour speech during the debate, Deputy Prime Minister Teo Chee Hean also made a case for the proposed changes, saying that they would provide stability to Singapore’s system and “help to avoid gridlock in situations where the President and the Government do not agree”.

A Bill to amend the Constitution which includes the changes was tabled by Deputy Prime Minister Teo Chee Hean at the House’s previous sitting.

In its White Paper released in September, the Government had broadly accepted the recommendations made by a nine-member Constitutional Commission in its review of the Elected Presidency system.

SINGAPORE — When he was selling bak kut teh in Toa Payoh Central, Mr Tan Jun Yuan would have an average of 10 to 15 bowls’ worth of pork and soup left at the end of each day. But it was the scale of food wastage at the economy rice stall next door that inspired him to do something about the issue.

After manpower issues led him to call it a day as a hawker in March 2014, Mr Tan, 30, began working on an app to tackle food waste.

Last month, Mr Tan and two co-founders officially launched the 11th Hour app, which allows food and beverage (F&B) businesses to offer last-minute deals to customers. More than 100 businesses including wine specialist Wine Bos and gelato seller Milkissimo are now on board, and his app has been downloaded about 5,000 times and attracted about 3,000 users.

Merchants offer at least a 30 per cent discount to draw more customers during lull periods of the day, or to reduce the amount of unsold food that would go to waste. 11th Hour’s partner merchants are mostly independent players currently, and Mr Tan plans to reach out to larger chains or franchises in future. He also wants to get hawkers and supermarkets on board, and they could feature in future versions of the app.

The team made changes to the app during its beta phase, lasting about seven months, but much more can be done, said Mr Tan. For instance, he wants merchants to be able to track the number of redemptions and the amount of food waste averted in future. Hawkers might feature in a separate category from cafes and restaurants in the app, he added.

Asked if the app might end up being a tool for businesses to drive up sales by offering discounted drinks — which are much less perishable than food — and food deals several hours before closing time, Mr Tan said some merchants and consumers may be turned off, if the app was solely packaged as tackling food wastage. Merchants might not want to be perceived as having “a lot of leftovers”, for example. “So we re-invented … and angled on last-minute deals, though at the very core, it’s about food wastage,” he said.

The app has benefited merchants such as Bali Lane cafe The Happy World. More customers have come to know about the cafe through 11th Hour, said Mr Jordy Lam, 40, one of three partners behind the venture. The cafe, which sells old-school biscuits and desserts such as bubur cha cha and chendol, opened in early September and joined 11th Hour later that month. In its early days, up to 50 per cent of desserts using coconut milk would go to waste, but this improved to “minimal” levels.

The cafe did not want to “take the risk” and donate the desserts to places like old-folks’ homes, because coconut milk may not suit everyone’s digestive systems, Mr Lam added.

Mr Tan said his app does not divert food that would otherwise go to the needy, if unsold.

“The pie is not fixed,” he said. Some merchants do not donate food because of the time or effort required, or because they feel the food is unsuitable. Others are “galvanised” to cut food waste if they are able to recoup some costs by selling at reduced prices.

Consumers said both the discounts offered and the potential to help cut food waste are draws. “I worked in the F&B industry before and I’ve seen food being wasted every day,” said freelance lifeskills trainer Ida Mariam Iskandar, 26. “I think this is a very good and fun initiative to help solve the food wastage problem.”

Entrepreneur Ranford Neo, 25, has downloaded the app but has yet to make use of the deals. “Both discounts and cutting food waste are appealing to me,” he said. “I think consumers would like discounts more because everyone loves a good deal, especially my friends working in the central business district.”

SINGAPORE: The Ministry of Defence (MINDEF) has signed contracts to acquire new medium- and heavy-lift helicopters.

In a press release on Monday (Nov 7), the ministry said the new H225M and CH-47F will replace the Republic of Singapore Air Force’s (RSAF) Super Pumas and older Chinooks. They have been in service since 1983 and 1994 respectively, and are going to be obsolete.

MINDEF said both helicopters were selected after a rigorous evaluation process. 

The contract for acquiring the H225M – a medium-lift helicopter – was awarded to Airbus Helicopters, while the heavy-lift CH-47F will be provided by The Boeing Company.

“The H225M and CH-47F possess better lift and reach capabilities, and will enable the RSAF to meet the Singapore Armed Forces’ lift requirements more efficiently with fewer helicopters and less manpower,” said MINDEF.