SINGAPORE: In addition to the Committee of Inquiry (COI), the Singapore Armed Forces (SAF) Special Investigation Branch (SIB) will also investigate the death of national serviceman (NSman) Aloysius Pang, Defence Minister Ng Eng Hen told Parliament on Monday (Feb 11).

In a ministerial statement addressing the death, Dr Ng said while the police and State Coroner do not have the jurisdiction to investigate the death as it took place abroad in New Zealand, the SIB can as it has jurisdiction under military law.

“Based on SIB’s investigations, the Chief Military Prosecutor will decide if any servicemen are to be prosecuted for criminal or military offences in a military court,” Dr Ng said.

The military court is presided over by serving State Court judges, he added.

Corporal First Class (National Service) Pang died on Jan 23 at Waikato Hospital in Hamilton, New Zealand, after sustaining injuries while carrying out repair work on a Singapore Self-Propelled Howitzer (SSPH) as part of his reservist duties.

The 28-year-old actor was in New Zealand for Exercise Thunder Warrior, a live firing exercise involving the howitzer.

He suffered compression injuries when the howitzer’s gun barrel was lowered. Pang underwent a number of surgeries to treat his injuries but died four days after the accident.

READ: Aloysius Pang: 4th SAF training fatality in 18 months

EVENTS LEADING TO INCIDENT

Revealing details leading up to the accident on Jan 19, Dr Ng said Pang and two other personnel were in the SSPH cabin to carry out repair works on the gun’s calibration system for accurate firing.

The other two were a Regular Armament Technician holding the rank of Military Expert (ME) 2 with more than 16 years in service, and an NSman Gun Detachment Commander holding the rank of Third Sergeant.

Dr Ng said Pang was part of the NSman forward maintenance platoon, which provides basic maintenance support.

If the repair works exceed the scope of the forward maintenance platoon, Dr Ng said more complex maintenance is performed by technicians from the second level of maintenance support, called the forward support group, made up of Regulars.

“In this particular incident, CFC (NS) Pang was first activated,” Dr Ng added. “But as he was unable to resolve the fault, CFC (NS) Pang requested and received the help of Regular technicians from the forward support group.”

The SSPH cabin, measuring 2.3m in height, 2.44m from front to rear, and 2.64m from side to side, is divided through the middle by the gun barrel, Dr Ng said. To carry out maintenance work, this barrel needs to be lowered.

In this position, “there is space” for those in the cabin to be in three “safe positions” on either side of the barrel, Dr Ng stated, referring to a diagram showing the positions of the gun commander, charge loader and ammo loader.

According to Dr Ng, the there is space on the left of the barrel for the gun commander and charge loader measuring about 1.55m in width, while a space about 0.9m in width is available for the ammo loader on the right of the barrel.

“When the gun is lowered, the flick rammer at the rear end of the barrel goes up and ends about 10cm below the top rim of the cabin. Because of this, no one should be behind the barrel when gun is being lowered,” Dr Ng said.

“Unfortunately, CFC (NS) Pang was caught between the gun barrel and the interior of the SSPH as the gun barrel was lowered and sustained compression injuries to his chest and abdomen.”

POST-ACCIDENT RESPONSE

Pang was treated on-site by an SAF medical officer before taken by helicopter to Waikato Hospital, a regional trauma centre. Surgeons there decided that he needed an operation to treat his injuries, Dr Ng said, adding that Pang was still conscious and speaking prior to the surgery.

“At the first operation, the surgical team found that a number of organs were damaged and treated them accordingly,” Dr Ng stated.

“After the first surgery, CFC (NS) Pang did not require any ventilation and his vital signs were stable. In fact, after the first surgery, he spoke with his mother who had been flown over to New Zealand.”

Dr Ng said surgeons then scheduled a “second-look” surgery for Pang on Jan 21 to ensure no further injury had developed, as compression injuries might only show up only later after the initial injury.

“No further damage was discovered at the second look surgery, but despite this, CFC (NS) Pang’s condition subsequently deteriorated,” Dr Ng stated. “Despite being placed on artificial life support and further treatment, CFC (NS) Pang passed away.”

READ: ‘I am deeply sorry’: Ng Eng Hen on recent NS training deaths, vows accountability for every soldier

EXPERIENCE OF MAINTENANCE CREW

Pang, who had been trained to perform maintenance on the SSPH since he was a full-time national serviceman, was at Exercise Thunder Warrior for his seventh In-Camp Training (ICT), Dr Ng said.

Pang arrived in New Zealand on Jan 6 and started maintenance work from Jan 10. During the exercise, he was involved in the preparation of more than 10 SSPHs, which included servicing and maintaining the guns.

During his previous ICT in February 2018, Pang had attended a two-day refresher Maintenance Vocation Training on the basic functional checks and troubleshooting for the SSPH, including safety procedures related to gun movement, Dr Ng said.

Prior to his participation in this year’s Exercise Thunder Warrior, Pang had also undergone refresher training on maintenance tasks in New Zealand, Dr Ng added.

According to Dr Ng, the two other personnel who were in the cabin with Pang were “similarly qualified”.

The gun commander was on his eighth ICT and had undergone refresher training prior to this year’s exercise, while the Regular technician has eight years of working experience on the SSPH, and was on his sixth exercise participating as a technician.

“The ME2 Regular technician is overall in charge,” Dr Ng said.

“For the repair work in this case, the maintenance manual indicates that it is the responsibility of the technician in charge to ensure that the gun has been lowered and fixed in place before any maintenance work can begin.”

Dr Ng noted that the two other servicemen involved in this incident have been re-deployed from their operational roles.

“All three persons who were in the cabin in this incident had been trained specifically on the SSPH and had conducted similar maintenance on it in the past,” Dr Ng stated. “During the exercise, both CFC (NS) Pang and the Regular technician had conducted maintenance works on the guns daily.”

ADEQUACY OF SAFETY PROTOCOLS

As for the SSPH safety protocols, Dr Ng reiterated the steps personnel in the cabin have to take when moving the gun barrel in any maintenance work on the howitzer.

The Defence Ministry (MINDEF) highlighted these steps on Jan 30, noting that to lower the gun barrel, the gun commander has to visually check that the area surrounding the gun barrel is free from obstacles, and that the crew remain in safe operating positions.

READ: Aloysius Pang first soldier to be injured operating Singapore Self-Propelled Howitzer: MINDEF

The gun commander will then sound off “clear away” to warn the gun crew of the impending barrel movement, and shout “standby” before moving the barrel.

In an emergency situation requiring the gun barrel or other moving parts to stop immediately, any of the servicemen, except the driver, can activate an emergency stop button.

HOWITZER DESIGN FLAWS?

Following the incident, Dr Ng said the SAF inspected its SSPHs to ensure there was no systemic machine malfunction that would put other maintenance crews at risk.

“Inspections of the SSPH have not detected any machine malfunction of the gun lowering mechanism,” Dr Ng added, noting that it takes about nine seconds for the gun to be lowered to the horizontal position for maintenance.

The SSPH was also designed and developed to international military standards for system safety and human factor engineering, Dr Ng said. Other militaries which operate tracked 155mm guns with a similar gun lowering mechanisms include the United States, South Korea and Germany.

Dr Ng added that the SSPH prototype platform had undergone “extensive trials and evaluations” from 2000 to 2002 before its introduction in 2003.

Echoing the MINDEF statement, Dr Ng stated that over the past 15 years, more than 1,000 NSmen and Regulars have been trained to operate the SSPH, with no reported injuries due to gun lowering for maintenance, operating or firing.

“WE OWE IT … TO ALL SINGAPOREANS”

With that, Dr Ng requested that everyone reserves their judgment and respects the ongoing investigation by the independent COI to determine what exactly happened. The findings will be presented in Parliament.

“Everything asked for by the COI will be released to them – I do not foresee needing to withhold any information for security reasons.”

“We owe it to CFC (NS) Pang and his family, indeed to all Singaporeans, to get to the bottom of what happened, and make things right, to ensure the safety of the NS training system as a whole.”

SINGAPORE: Crimes brought about by advances in technology such as voyeurism and “cyber flashing” will be deemed as offences should the Criminal Law Reform Bill be passed in Parliament. 

The bill, which was read for the first time in Parliament on Monday (Feb 11), stated that the production, possession and distribution of voyeuristic recordings, regardless of the victim’s gender, will be criminalised. This follows recommendations from the Penal Code Review Committee (PCRC) submitted last August, and which the Government had accepted. 

READ: Marital rape, voyeurism to become offences in ‘sweeping’ changes proposed for Singapore’s penal code

This will better address cases of upskirt photography and the circulation of such images, said the ministries of Law and Home Affairs in a joint press release issued the same day.

The PCRC had previously said in its report that the existing law is “inadequate” to address this, particularly in the “surreptitious recording of others in circumstances of undress or intimacy and the dissemination of such recordings”. 

READ: Spy cameras, illicit filming and upskirt photos: Are you being watched?

Another emerging crime trend of distributing nude, semi-nude or other sexual images without consent, sometimes described as revenge pornography, was also targeted. The bill introduced a new offence of distributing or threatening to distribute an intimate image.

The committee had stated that Singapore’s Penal Code did not have a specific offence that criminalises this behaviour, and that a “stronger and consistent response is required”. A new offence of sexual exposure will be created to deal with flashers, or persons exposing his or her genitalia intending or knowing that this will humiliate or cause distress and alarm to the observer.

“Cyber flashing” will also be criminalised after the Government took into account feedback from the law community.

This would cover situations where images of genitalia are sent to recipients without their consent and with the intention to cause humiliation, distress or alarm, the ministries said. 

The laws will also deal with the act of distributing or threatening to distribute such content over platforms that have a time limitation, such as Snapchat that automatically deletes content after a day and Telegram that has a self-destruct timer function for private chat messages.

“The act of distribution of such images will be an offence, even if the content was uploaded with a time limitation,” the ministries clarified.

In the area of white-collar crime, the PCRC recommended introducing a new fraud offence focusing on the dishonest or fraudulent intent, rather than the effect the deception caused to the victim.

Agreeing to create this new offence, the ministries cited the London Interbank Offered Rate (LIBOR), which is often used as a benchmark for other financial products, as an example. Manipulating LIBOR using false submissions by banks would not necessarily throw up any specific person who suffered loss, but it was possible to say that the manipulators had benefited, they added.

Some respondents cautioned though that the maximum jail sentence of 20 years and unlimited fine quantum for the new offence was “too high”, the release said. 

To this, the ministries said it is to address “single charges of fraud that may involve serious betrayal of trust, multiple victims and/or substantial loss”, but there is no mandatory minimum sentence and courts have discretion to factor case facts in sentencing.

SINGAPORE: Husbands who force themselves on their wives would be deemed to have committed a crime as the Government accepts the recommendation of the Penal Code Review Committee to repeal marital immunity for rape to protect all women from sexual abuse.

READ: Behind closed doors: Rape and marriage in Singapore

In a press release issued on Monday (Feb 11), the ministries of Home Affairs and Law said that the repeal was one of the review committee’s proposals published last September, followed by engagement sessions with stakeholders from various sectors.

The release came as the first reading of the Criminal Law Reform Bill was made in Parliament the same day.

The bill introduces amendments to the Penal Code, which had its last major review in 2007. It also amends other laws such as the Criminal Procedure Code, the Children and Young Persons Act and the Women’s Charter.

Members of the public and representatives from the religious, legal and social sectors strongly supported the repeal. There were, however, some who expressed concern the amendment could adversely affect the marriage institution and potentially lead to an increase in false allegations of rape.

In response, the Government agreed with the review committee that all women should be protected from sexual abuse regardless of whether they are married to the perpetrator. “This reflects society’s view that marriage is a partnership between equals,” the ministries said.

As for concerns of false allegations, they said all cases of alleged rape are subject to the same level of evidentiary rigour during investigation and prosecution. There are also existing offences in the Penal Code that adequately address and deter false reporting, they added.

READ: In marital rape, proving lack of consent a ‘complicated’ issue, lawyers say

Law and Home Affairs Minister K Shanmugam had also pointed out last September that Muslim scholars were consulted and the understanding was that the proposal would have no contradictions with Islamic beliefs.

“The Muslim community, in reactions we had in our consultations, has taken a similar approach in today’s Singapore – that the woman’s autonomy should be respected and all religions, including Islam, do not prohibit that. But it’s something we need to engage and explain much more,” he said then.

RAPE, REDEFINED

As part of the review, the committee also recommended that the definition of rape be expanded to include non-consensual penile-anal penetration. 

Representatives from the social sector, however, made the argument that non-consensual penile-oral penetration should also be included. 

The ministries said the Government will expand the definition of rape to include both definitions. This includes situations where a woman forces a man to penetrate her vagina, anus or mouth, the ministries said. 

READ: Apex court issues new sentencing guidelines for rape

The law currently states the definition of rape as “any man who penetrates the vagina of a woman with his penis”.

“The amendments to the Penal Code will ensure that all persons are protected from rape and other types of sexual assault regardless of gender,” the ministries said. 

SINGAPORE: There will be no more backdating of reformative training sentences – part of a set of reforms of the Criminal Procedure Code – if the amendment bill is passed.

The Criminal Procedure Code (Amendment) Bill was read for the first time in Parliament on Monday (Feb 11) and is an improvement and refinement to the major reforms made to the code last year, the Law Ministry said in a press release the same day.

READ: 52 changes proposed to Criminal Procedure Code and Evidence Act

Among the reforms is the removal of the possibility of backdating a reformative training (RT) sentence, which is allowed in the current law. This means the offender’s time in remand will be factored into the overall length of his or her RT sentence.

The ministry said RT sentences have the purpose of putting youthful offenders (those below 21 years old) who commit relatively serious crimes through intensive rehabilitation. 

As such, backdating these sentences shortens the time spent by the offender in these programmes and may prevent them from completing these as designed, it said. 

There were concerns among the legal community that this might disadvantage offenders who may have been remanded for a long time and subsequently sentenced to reformative training. 

To address this, Government agencies will work together to ensure that where RT is a likely sentence, remand is avoided or minimised where possible, the ministry said.

INVESTIGATING VRI-RELATED OFFENCES

Another proposed change is to empower other law enforcement agencies besides the police to investigate offences related to video recording of interviews (VRI), the Law Ministry said.

READ: Video statements, closed-door hearings among law changes mooted to protect victims

In the introduction of VRI last year, new related offences were created such as the unauthorised recording of the process and the unauthorised copying or distribution of a statement in audiovisual form.

However, only the police can investigate such offences, even if the offences take place during, say, an investigation conducted by the Central Narcotics Bureau, the ministry said. 

To allow for better resource allocation for such investigations, the amendments empower prescribed law enforcement agencies such as CNB to investigate VRI-related offences, it said. 

These reforms came about after stakeholders such as the Criminal Bar were consulted on the amendments, the Law Ministry said. 

The next reading of the bill is expected to take place in March.

SINGAPORE: Enhancements are being made to the Bionix Infantry Fighting vehicle as part of a slew of measures to strengthen the Singapore Army’s safety management in training, said Defence Minister Ng Eng Hen in a ministerial statement to Parliament on Monday (Feb 11).
 
This come after a Committee of Inquiry’s investigation into Corporal First Class (CFC) Liu Kai’s death in a training accident last November.
  
Following the COI’s findings and the Singapore Armed Forces’ (SAF) own internal review, several measures will be put into place including conducting safety table top exercises before the start of all high risk non-live firing exercises and having more experienced regular trainers on the ground, Dr Ng said.
 
CFC Liu, 22, died on Nov 3 last year, after a Bionix vehicle that was moving away from simulated enemy fire reversed into the Land Rover the full-time national serviceman was driving.

READ: Death of NSF Liu Kai: Bionix driver continued reversing despite stop commands, police investigating comms between crew

As part of enhancements to the Bionix vehicles in the SAF’s training fleet, two more e-horn buttons have been installed in the rear of all Bionix vehicles in the training fleet since November 2018, said Dr Ng.
 
This will allow rear guides in the vehicle to sound the alarm in the event of an intercom failure, he added.
 
The e-horn produces an audible sound within and outside the vehicle when pressed and its alert mandates the operator to stop the vehicle immediately.

While there is currently an existing e-horn activation button in the front vehicle’s commander’s seat, this enhancement will “augment the overall situational awareness if the crew, and enhance the crew’s reaction to their surroundings,” added the Ministry of Defence (MINDEF) in a press release.
 
Rear-view camera systems will also be progressively installed from March this year said Dr Ng. This is so that the driver will be able to see what is behind them during reversing drills.

“This system will provide a live video feed of the vehicle’s rear, which enhances the operator’s overall situational awareness whilst in the vehicle during training and operations,” added MINDEF. 

The system is currently undergoing its final stages of design reviews prior to installation and will be completed by 2020.
 
In addition to the improvements to the Bionix, all heavy wheeled vehicles, such as five-tonners will also be progressively installed with rear-view cameras and mirrors to reduce blind spots,said Dr Ng.

When vehicles have to reverse such as in extrication drills, the Army has put in new measures such as  trainers no longer travelling in Land Rovers but joining exercise troops in the combat vehicles during high risk training, as well as  the driver can only move the vehicle backwards with the explicit clearance by the rear guide during all reversing manoeuvres.

“These two measures together with the extra emergency horn buttons will enhance safety and still allow armour units to practice extrication drills,” he added. “Further, Army will ensure that only essential vehicles are allowed into the exercise area to minimise the risk of accidents.”
 
TABLE-TOP EXERCISES AND MORE EXPERIENCED TRAINERS
 
On the ground, more experienced regular servicemen trainers have also been added, said Dr Ng.

As with live firing exercises, the Army will also now conduct safety table top exercises for all high risk non-live firing exercises before the actual execution, Dr Ng said. This includes familiarisation with emergency measures and evacuation plans. 

Medics will also be given the chance to improve their resuscitation skills and handling of emergencies, through attachments to hospital emergency departments and ambulances.

“CFC Liu Kai was well-liked and respected soldier,” said Mr Ng. “He served with pride and was remembered by his peers for his dedication and commitment. We mourn the loss of this precious son. And we hope that the measures we have put in place will prevent a similar incident in the future.”

SINGAPORE: The Committee of Inquiry (COI) which investigated the death of full-time national serviceman Liu Kai found that the Bionix driver involved in the incident continued reversing despite commands to stop, Defence Minister Ng Eng Hen told Parliament on Monday (Feb 11), adding that ongoing police investigations are looking into the communications between the Bionix crew, and whether this was affected by the equipment.

“The COI noted that the rear guide had repeatedly given the order for the driver to stop reversing through the intercom via the CVC helmet. The COI noted that the intercom system was working earlier in the exercise. They have asked for an independent technical assessment report on whether the intercom system was working properly all the time,” said Dr Ng.

“In parallel, police investigations too are also focused on the communications between the Bionix crew, and whether this was affected by the equipment. This is an important point that needs to be resolved but we will have to await the outcome of police investigations.”
 
CFC Liu, 22, died on Nov 3 last year, after a Bionix vehicle that was moving away from simulated enemy fire reversed into the Land Rover the full-time national serviceman was driving.

The COI was chaired by a civil servant, and included members such as a consultant doctor from the public sector, a member from the External Review Panel on Singapore Armed Forces safety, a senior-ranked national serviceman and a member of the Workplace Safety and Health Council.

Based on the Land Rover’s front camera and in-vehicle video recordings of the incident and statements from multiple witnesses, the COI was able to piece together a “detailed chronology” from these recordings, said Dr Ng.
 
The COI’s investigations also found that the Land Rover CFC Liu was driving was “short” of the safety distance of 30m stated in the training safety regulations (TSR) during its final position, he added. 

While the Land Rover was initially not in the Bionix’s path when it reversed, according to the COI findings, the Bionix had “drifted” in reversing and the driver made a slight steer to correct the drift. This brought it into the path of the Land Rover.

“The COI made several findings in their report: first, the COI noted that ensuring the safety distance is the responsibility of the vehicle commander of the Land Rover. In this case, the Land Rover ended up in a position that was less than the required safety distance from the Bionix; second, the reversing of the Bionix from the simulated enemy encounter brought the Land Rover into the path of the Bionix,” said Dr Ng.

CHAIN OF EVENTS

Sharing details on the incident, Dr Ng said that the 42nd Battalion Singapore Armoured Regiment was conducting a two-sided company mission exercise at the Jalan Murai training area. During the exercise, trainers from the Active Unit Training Centre were assigned to evaluate exercise troops.

CFC Liu was assigned to drive a trainer, an SAF regular captain, who was the vehicle commander of the Land Rover. 
 
CFC Liu and the trainer were following an assigned Bionix, whose crew consisted of four personnel – all full-time national servicemen – a vehicle commander, a Bionix specialist who was the rear guide, a driver and a gunner.

The exercise began at 7am and at around 9.58am, the Bionix crew spotted several exercise vehicles passing by at the junction ahead of it and stopped as ordered by the vehicle commander. Responding to this, the Land Rover driven by CFC Liu also stopped.

As instructed by his trainer, CFC Liu moved his Land Rover forward to overtake the Bionix. But upon hearing the shots which were fired as part of the exercise, CFC Liu stopped the Land Rover in its final position without overtaking the Bionix.

“Based on the COI’s calculations, this final position of the LR (Land Rover) would have been at a distance of ‘at most 19.8m from the Bionix, but short of the safety distance of 30m stated in the TSR (Training Safety Regulations),’” said Dr Ng. 

Four seconds after the Land Rover had stopped, the Bionix started to perform an extrication drill ordered by its vehicle commander, carried out to get away from an enemy encounter as “fast as possible”. 

The Bionix had to reverse as part of the drill so that its guns could continue to fire forward at the enemy. As the driver of the Bionix is unable to see behind, the rear guide directs the driver in reversing the vehicle. 

“The COI acknowledged the need for this type of training, even though it is high risk,” added Dr Ng.

As the Bionix reversed, the Land Rover was initially not in its path.

“The COI found that the Bionix had ‘drifted’ in reversing and the driver made a slight steer to correct the drift. This steer brought the Land Rover into the path of the Bionix,” said Dr Ng.

“Almost immediately” after the Bionix started reversing, the rear guide issued stop commands repeatedly into his helmet set, said Dr Ng.  But, the Bionix continued to reverse.

“The COI found that the rear guide issued stop commands into the intercom of his helmet set when the Bionix started reversing and did so repeatedly,” Dr Ng added. “The intercom of the helmet is the rear guide’s only means of communication with the other crew members in the Bionix. However, the Bionix continued to reverse.”

The video recording from within the Land Rover showed the trainer “tapping” CFC Liu and signalling for him to reverse the Land Rover, said Dr Ng.

“From the beeping sounds, it also indicated that CFC Liu did engage the reverse gear,” he said. “Both the trainer and CFC Liu also shouted and gestured with their hands for the Bionix to stop and the trainer also attempted to reach for the handset of the radio set to communicate with the Bionix crew.”

Close to eight seconds after Bionix started reversing, it reversed into the Land Rover and mounted the driver’s side before coming to a stop. 

While the trainer managed to extricate himself, CFC Liu remained trapped. The trainer notified the conducting officer of the exercise, who immediately ordered the exercise to stop.

A medic on board a nearby Bionix tended to CFC Liu, while  the SAF emergency ambulance service, unit medical officer and Singapore Civil Defence Force were activated and arrived on site.  

CFC Liu was pronounced dead by the unit medical officer on site at around 10.35am. A post-mortem found the cause of death to be traumatic asphyxia. 

COI’S ADDITIONAL FINDINGS

Servicemen involved in the exercise were “qualified” to participate, the COI found, and had undergone the requisite training for their roles.

The day before the incident, the trainer had met the Bionix vehicle commander to understand their manoeuvre plan for the next day’s exercise. The trainer and CFC Liu again met on the day itself before moving out for the exercise. 

“The COI was of the view that the servicemen involved had had their rest in accordance to the Training Safety Regulations (TSR), and that their mental and physical states were fit for participation in the activity and did not appear to have an effect on their attention to safety protocols,” added Dr Ng.

The Land Rover that CFC Liu driving was also found to be serviceable and the COI also concluded that a safety management plan was included as part of the exercise support, in accordance with standard practice.  

In addition, there was also adequate deployment of medics and medical equipment as part of this plan for medical response. 

Police investigations are also ongoing independently from the COI to determine culpability, said Dr Ng. Thereafter the Attorney-General’s Chambers (AGC) will decide if any persons should be prosecuted. 

“Internally, MINDEF will conduct its own investigations and may charge persons who breach military law in the Military Court, even if AGC does not file criminal charges,” he added.
 
Dr Ng said the COI will take into account findings from these separate judicial processes before finalising its report.

SINGAPORE: Despite a year of losses amounting to S$115.6 million, the CEO of troubled water treatment firm Hyflux received more than S$60 million in dividends from her 34 per cent ordinary shareholding in the company in 2017.

In addition to that, Olivia Lum, according to the Securities Investors’ Association (Singapore) (SIAS), also received “significant salary, benefits and bonuses”.

Highlighting these points, SIAS asked why the Hyflux founder wasn’t contributing her gains to the restructuring process and if she would have any role in the Hyflux group after the firm’s restructuring.

These were just two of more than 40 questions put to Ms Lum and the Hyflux board by the investor watchdog in a letter issued on Monday (Feb 11) and signed off by its President and CEO David Gerald.

“SIAS, representing the interests of the numerous stakeholders of various securities, is seriously concerned that many questions regarding the operations, valuation and accountability of the board of directors of Hyflux have not been addressed, so as to help securities holders make an informed decision, with respect to the restructuring,” Mr Gerald said.

“In the time that shareholders and bondholders have seen their entire investment destroyed, Olivia Lum has received over S$60 million in dividends from her 34 per cent ordinary shareholding in Hyflux. 

“In addition, she has received significant salary, benefits and bonuses and earned between S$750,000 and S$1 million in 2017, a year in which Hyflux reported losses of S$115.6 million and a period which was five months prior to Hyflux Group filing for Court protection from creditors and when Hyflux has been losing huge amounts of cash and building projects,” Mr Gerald said in asking Hyflux to justify Ms Lum’s remuneration.

Mr Gerald also asked if many of the executives who “appear” to be shareholders are contributing anything to the restructuring.

The role of the Hyflux Group Remuneration Committee was also under scrutiny, as SIAS questioned its responsibilities and the basis as to how it established the remuneration paid to Hyflux executives in 2017 as “appropriate”.

FINANCIAL TRANSPARENCY QUESTIONED

Beyond clarifications on the decisions regarding remuneration, SIAS also raised queries over the firm’s financial operations.

“Hyflux Group has generated negative operating cashflow in every year since 2009. Was this highlighted to bondholders and shareholders? If so, in what form? Why did the Board continue to pay dividends, when the operating cashflow was negative and accumulate more debt during this time?” 

The investor watchdog also highlighted that Hyflux, despite the negative operating cashflow, reported profits in each year before 2017 and asked how this was possible. 

The Hyflux Board was also questioned over the level of scrutiny it exercised on the operations of the main assets of Hyflux and why the “faults and defects” were not announced in annual reports.

The Board was also queried as to why it failed to ask for help earlier when Hyflux was unable to meet its debt obligations. 

“On Mar 22 2018, KPMG provided a clean a clean audit report for Hyflux Group for the financial year 2017. On May 22 2018, Hyflux Limited and a number of subsidiaries filed for court protection from creditors,” SIAS said, asking what transpired between Mar 22 and May 22 in 2018. 

QUESTIONS OVER TUASPRING

Several questions were also raised on the Tuaspring Integrated Water and Power Plant project, which marked the company’s foray into the energy business in 2011.

Among them was the basis as to which Tuaspring was valued at S$1.4 billion which SIAS said has been proven to be overstated by at least S$900 million and why the Board did not consider it “prudent to write down or impair the asset” since it had been loss making from the time it commenced operations in 2015. SIAS also sought clarification as to how a shareholder loan of S$57 million from Hyflux to Tuaspring was funded.

The low electricity prices that Hyflux cited as a reason for its financial issues was also scrutinised.

“Hyflux claims that its financial issues were caused by the low electricity prices and thus Tuaspring was unable to make a profit. A liquidation of Hyflux would compromise S$2.6 – 2.7 billion of outstanding and contingent debt,” SIAS said, asking what other factors that contributed to the firm’s position.

Finally in the letter, SIAS questioned the “rushed timetable” that Hyflux has set for investors.

“By releasing the restructuring terms one month before the intended scheme meeting, Hyflux is providing very little time for investors to evaluate the deal,” SIAS said. 

Channel NewsAsia has reached out to Hyflux for its response to SIAS’ questions.

SINGAPORE: A collision between a Greece-registered ship and a Malaysian government vessel occurred in Singapore territorial waters off Tuas on Saturday (Feb 9) afternoon.

The Greek bulk carrier was on its way from Singapore to its next port of call at Tanjung Pelepas in Malaysia when the collision took place. 

The Maritime Port Authority of Singapore (MPA) has launched an investigation into the incident, while the Ministry of Foreign Affairs (MFA) has reiterated “its call for Malaysia to withdraw its vessels from the area”.

What is the Polaris?

The Jabatan Laut Polaris is a buoy-laying vessel that was built in 2017. The vessel, which measures 84m by 16m, can stay at sea for 35 days without resupplies.

It belongs to the Malaysian Marine Department and is used to mark territory or safety hazards. 

The Polaris has been in and out of Singapore’s waters since Dec 3 amid an ongoing maritime territorial dispute.

READ: Malaysian vessel parked in Singapore waters is used to mark territory

What is the Pireas?

According to the Marine Traffic website, Pireas is a 200m cargo vessel built in 2006. It measures 225m by 32m and is registered in Piraeus, Greece.

READ: Singapore, Malaysia maritime dispute: A timeline

How did the collision happen?

The MPA said in response to queries that the Pireas had refuelled at Singapore’s eastern bunkering anchorage south of Bedok on Saturday.

After refuelling, Pireas declared to MPA that its next port of call would be Tanjung Pelepas in Malaysia, the authority said on Sunday.

At 1.55pm, Pireas entered Singapore’s port limits off Tuas, before slowing down and changing direction. It collided with Polaris at 2.28pm. 

“Upon establishing contact with Pireas, MPA Port Operations Control Centre (POCC) instructed Pireas to stay clear of the area,” the authority said.

“At this point, Pireas reported that prior to contacting MPA POCC, it had collided with Polaris and there was no damage to its vessel. Pireas informed that the collision occurred when it was making a manoeuvre to get out of the area,” MPA added.

There were no reports of injuries or oil leakage.

As the collision was not considered to be very serious under the International Maritime Organization (IMO) Marine Casualty Investigation Code, Pireas was allowed to proceed with its journey to Tanjung Pelepas, MPA said.

READ: Singapore ‘reiterates’ call for Malaysia to withdraw vessels after Polaris-Pireas collision

What happened after the collision?

MPA said that it launched investigations immediately as the incident took place in Singapore territorial waters.

It also sent official notification of the collision to both the Marine Department Malaysia and Greece’s Hellenic Bureau for Marine Casualties Investigation.

Additionally, the authority said it is gathering and reviewing information, such as the vessel records and video footage of the collision.

It has also requested a formal incident report from both vessels, and contacted Pireas’ agent in Singapore to assist in the investigations.

SINGAPORE: He peered over the rooftop of the 15-storey building several times, apprehensive about his first descent, supported by just a rope.

Minutes later, this rope access trainee managed to climb over the edge, but held onto the ledge for a few seconds. He then changed his mind and scrambled to safety.

Asked why he came back up, the slightly spooked Mr Guna Prasanth answered: “I’m scared.”

Mr Daniel Wu, one of his supervisors and a rope access technician with 14 years’ experience, pointed out: “They try to go over the edge, look down and they get nervous. This is a very common mistake (for newcomers).”

Eventually, Mr Guna was too afraid to complete his task.

The fears and challenges faced by rope access professionals risking their lives to reach dizzying heights were highlighted by the programme On The Red Dot, in a new series on the lives of individuals whose jobs are fraught with danger. (Watch the episode here.)

It offers a glimpse of their workplaces, from deep waters to claustrophobic lift shafts to the top of buildings, to learn what drives these professionals and how they come through harrowing incidents unscathed.

LEARNING THE ROPES

In the world of rope access, its technicians use rope-work developed from common techniques used in rock climbing and caving to do various tasks, including maintenance work, inspections and cleaning. There are about 2,700 certified technicians in Singapore.

Mr Guna, who is from India, had completed his rope access course a week before getting his first start with some cleaning work he had to do on the facade of that 15-storey building.

“I see other (technicians) work very well. They’re happy at work. So I think I could also try,” he said.

But one of his trainers, Mr Richard Seah, who has 11 years of experience, had some doubts before the newbie’s failed attempts.

“He looked a bit too overconfident because of the training he had been doing at a low height,” he said. “His experience in Singapore isn’t long. He may not be able to catch up yet.”

After a refresher session, however, Mr Guna managed to descend the building to do his job on another day, much to Mr Seah’s delight.

“There’s a very big jump in improvement, so of course credit to him. But when there are other jobs, he may need to (do) more to keep up,” said the trainer.

Their work has to be done quickly, although Mr Seah, who is his company’s assistant training manager as well as safety officer, does not take safety for granted.

“Every morning, before I go to work, I tell myself that I’d like to have zero accidents,” he said solemnly. “People think that we’re construction workers or that we’re having fun on the ropes. But everybody agrees that it’s dangerous.”

The biggest causes of workplace accidents, he added, are miscommunication and language barriers.

IT TEACHES DISCIPLINE

For ex-convict Mr Wu, dangling in mid-air from high-rise structures without the use of an aerial work platform, a crane or even scaffolding is all in a day’s work.

“It’s a serious business, so serious that any mistake you make may cause fatalities … In this line, you need to discipline yourself, look after yourself and make sure that everything’s in place” he said.

“Rope access has been very good for me. It has taught me discipline.”

The 41-year-old had been at a loss for what to do after prison and had taken to drinking until he met a group of rope access technicians, some of whom were his ex-army mates.

“They were showing me pictures of their work … and then some of them were saying, ‘Eh, come join,’” he recalled. “I was like, okay, maybe I’ll give it a try.”

His first job was very tiring. Cramped up in a vessel’s tank, with a head torch as his only light source, he had to lug around more than 40 kilogrammes of equipment and help a welder to repair the vessel.

But he liked the challenge and is still doing it, some 14 years later. The “high-flying” job, he said, has taken him to more than half of the world, from South Korea to the Middle East to France.

He used to work offshore on oil rigs and was often away from his family, sometimes for up to three months.

“Sometimes it’s hard,” admitted Mr Wu, who is married with three sons. “I do enjoy the work, but being away for too long isn’t ideal.”

These days, he works on construction sites and commercial buildings in Singapore. As a trainer, he also spends a lot of time guiding others. “You need to look after the crew,” he said.

“Rope access may be dangerous, but I know it’s a very safe system when you follow every procedure.”

SATISFYING JOB, WORRIED FAMILIES

Apart from maintenance work, rope access technicians are sometimes called upon to take part in rescue missions, for example when the Singapore Flyer broke down in 2008, leaving 173 people stranded for about six hours.

Mr Sky Lee, whose rappelling services were needed, brought them rations while they waited to be rescued. His team had practised rescue sessions there before, so they knew what equipment to bring “and what not to do”.

His colleague Tirmidzie Mohamad Kamal has witnessed rope access technicians rescuing a heatstroke victim from the roof of a building.

“I got to know that it’s not just work. You get trained to perform a rescue. That’s when I decided to commit myself and get certified,” he said.

“It’s satisfying to do all this work, especially when you know that you’re preventing someone from getting injured.”

His wife Normie Ibrahim, however, worries while he is at work. “When he got this job, my reaction was like, ‘Wah, it’s so dangerous!’” she recalled.

“And I used to nag (him): ‘What’s the time already? What time are you going to come home?’ When I message and he (doesn’t) reply, it worries me a lot. But he’s really passionate about this.”

For Mr Seah, his family were not aware of the risks in his job until he showed them pictures of himself suspended by ropes from the roof of a building.

His mother, who thinks he can be impulsive at times, told him: “Whenever you go to work, I start to worry. My heart would beat so fast, and I can’t sleep properly.”

Watch this episode here. On The Red Dot airs on Mediacorp Channel 5 every Friday at 9.30pm.