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Nub of the issue – terms used and questionable conditions

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10 years ago

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Peter Low & Sylvia Lim [Photo: Straits Times]

Peter Low & Sylvia Lim [Photo: Straits Times]

By Andrew Loh –
The dispute between the opposition Workers’ Party Aljunied-Hougang-Punggol East Town Council (AHPETC) and the National Environment Agency (NEA) seems to all boil down to two issues – what constitutes a “trade fair”, and the need for a “letter of support” from a grassroots chairman.
The meaning or understanding of the term “trade fair” would determine whether the application forms and the information it requires are suitable; and clarity on why elected members of parliament must seek “support” from unelected and volunteer grassroots leaders will go a long way to shed light on the current case.
These seems to be the nub of the issue in the court case which has arisen from the WP town council (TC) going ahead in holding what it calls a “mini-fair” in Hougang central during the Chinese Lunar New Year period this year.
The NEA is accusing the town council of contravening Section 35 of the Environmental Public Health Act which states that a permit is required for “any temporary fair, stage show or other such function or activity”.
Sylvia Lim, chairman of the WP town council, told the court on Wednesday that she viewed the term “trade fair” as referring to a “pasar malam”, the colloquial term for night market.
These, she said, were usually organised by the Citizens’ Consultative Committees, which are grassroots organisations.
The WP event, on the other hand, was a “community event held in a common area managed by the town council”, Ms Lim said.
The WP community event consisted of five stalls which sold the following items:

  • Chinese New Year (CNY) decorative items
  • Prepacked CNY sweets and candies
  • Mandarin oranges
  • Prepacked CNY cookies and goodies (2 stalls)

In addition there would also be several benches for CNY flowers and potted plants at the event.
However, the NEA application forms sent to the town council upon the latter’s request in December last year were for a “trade fair permit” and a “trade fair foodstall licence”, Ms Lim said.
As such, the WP town council found the forms sent to it by the NEA “unsuitable’, given that it was a community event, and not a trade fair, and that there were no “foodstall” at the fair it was organising.
After the town council asked the NEA for the relevant forms, the NEA sent it the same forms again.
Nonetheless, the WP town council proceeded to submit the form but not before striking out the words “trade fair” on the form and replacing it with “event”.
As for the requirement to also submit a “letter of support” from the area’s CCC chairman, Ms Lim questioned why this was necessary.
She said that firstly, the town council is empowered under the Town Councils Act to manage common areas, where the mini-fair would take place.
Secondly, she said she did not see why the town council, which is run by elected members of parliament, should seek the support of the chairman of a grassroots organisation.
The chairman of the CCC concerned in this case is Victor Lye, who is also a People’s Action Party branch chairman in the area.
“Since my colleagues and I were elected to manage the town council under the Town Councils Act, we do not see how the town council should be required to get a supporting letter from the CCC for something held in the common area under our charge,” Ms Lim said.
Mr Tan objected to Mr Low raising the question on Tuesday, which the judge also deemed to be irrelevant and said that “the issue surrounding the conditions for a permit should not be argued in the present trial but at a judicial review.”
Also on Tuesday, during the hearing, Mr Low had sought to question the executive director of environmental health, Tai Ji Choong, on why the term “town councils” was removed from the application form.
Mr Low showed the court a copy of the same form from 2008.
It had included the “town councils” as organisations authorised to conduct fairs.
However, in the set of forms sent to it by the NEA in December last year, the term “town councils” was no longer included.
The judge decided on Wednesday that the question was irrelevant and ordered Mr Low not to proceed along that line of questioning.
Also at the heart of the issue is why exactly did the NEA not grant the permit, and why it told the WP town council that the forms were “incomplete”.
Mr Tan, when commenting on this on Tuesday, said “since AHPETC did not appeal against its rejected application, it should not use the court to find out why it was not given the permit.”
Another issue which has come to light is whether town councils are in fact permitted to hold such events at all.
In its letter to AHPETC last year, the Ministry of National Development (MND) had said that town councils are prohibited from engaging in “commercial activities’.
However, the fact that the NEA had asked the WP town council to submit an application to hold such an event seems to contradict what the MND said, and that town councils are in fact allowed to hold such events as long as it fulfilled the requirements or conditions, one of which is to get the “letter of support” from the chairman of the CCC.
It would thus seem that the case is one of unclear rules, regulations, terms used and questionable conditions. And it does not seem that the fault, if any, would lie entirely with the WP town council alone.
But the main issue here is what are the reasons for the NEA to reject AHPETC’s application, besides the forms being “incomplete”.
Why, exactly, were they “incomplete”?
Perhaps Thursday’s hearing will shed light on this.

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TJC issued 3rd POFMA order under Minister K Shanmugam for alleged falsehoods

The Transformative Justice Collective (TJC) was issued its third POFMA correction order on 5 October 2024 under the direction of Minister K Shanmugam for alleged falsehoods about death penalty processes. TJC has rejected the government’s claims, describing POFMA as a tool to suppress dissent.

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2 days ago

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6 October 2024

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The Transformative Justice Collective (TJC), an advocacy group opposed to the death penalty, was issued its third Protection from Online Falsehoods and Manipulation Act (POFMA) correction direction on 5 October 2024.

The correction was ordered by Minister for Home Affairs and Law, K Shanmugam, following TJC’s publication of what the Ministry of Home Affairs (MHA) alleges to be false information regarding Singapore’s death row procedures and the prosecution of drug trafficking cases.

These statements were made on TJC’s website and across its social media platforms, including Facebook, Instagram, TikTok, and X (formerly Twitter).

In addition to TJC, civil activist Kokila Annamalai was also issued a correction direction by the minister over posts she made on Facebook and X between 4 and 5 October 2024.

According to MHA, these posts echoed similar views on the death penalty and the legal procedures for drug-related offences, and contained statements that the ministry claims are false concerning the treatment of death row prisoners and the state’s legal responsibilities in drug trafficking cases.

MHA stated that the posts suggested the government schedules and stays executions arbitrarily, without due regard to legal processes, and that the state does not bear the burden of proving drug trafficking charges.

However, these alleged falsehoods are contested by MHA, which maintains that the government strictly follows legal procedures, scheduling executions only after all legal avenues have been exhausted, and that the state always carries the burden of proof in such cases.

In its official release, MHA emphasised, “The prosecution always bears the legal burden of proving its case beyond a reasonable doubt, and this applies to all criminal offences, including drug trafficking.”

It also pointed to an article on the government fact-checking site Factually to provide further clarification on the issues raised.

As a result of these allegations, both TJC and Annamalai are now required to post correction notices. TJC must display these corrections on its website and social media platforms, while Annamalai is required to carry similar notices on her Facebook and X posts.

TikTok has also been issued a targeted correction direction, requiring the platform to communicate the correction to all Singapore-based users who viewed the related TJC post.

In a statement following the issuance of the correction direction, TJC strongly rejected the government’s claims. The group criticised the POFMA law, calling it a “political weapon used to crush dissent,” and argued that the order was more about the exercise of state power than the pursuit of truth. “We have put up the Correction Directions not because we accept any of what the government asserts, but because of the grossly unjust terms of the POFMA law,” TJC stated.

TJC further argued that the government’s control over Singapore’s media landscape enables it to push pro-death penalty views without opposition. The group also stated that it would not engage in prolonged legal battles over the POFMA correction orders, opting to focus on its abolitionist work instead.

This marks the third time TJC has been subject to a POFMA correction direction in recent months.

The group was previously issued two orders in August 2024 for making similar statements concerning death row prisoners.

In its latest statement, MHA noted that despite being corrected previously, TJC had repeated what the ministry views as falsehoods.

MHA also criticised TJC for presenting the perspective of a convicted drug trafficker without acknowledging the harm caused to victims of drug abuse.

Annamalai, a prominent civil rights activist, is also known for her involvement in various social justice campaigns. She was charged in June 2024 for her participation in a pro-Palestinian procession near the Istana. Her posts, now subject to correction, contained information similar to those presented by TJC regarding death penalty procedures and drug-related cases.

POFMA, which was introduced in 2019, allows the government to issue correction directions when it deems falsehoods are being spread online.

Critics of the law argue that it can be used to suppress dissent, while the government asserts that it is a necessary tool for combating misinformation. The law has been frequently invoked against opposition politicians and activists.

As of October 2024, Minister K Shanmugam has issued 17 POFMA directions, more than any other minister. Shanmugam, who was instrumental in introducing POFMA, is followed by National Development Minister Desmond Lee, who has issued 10 POFMA directions.

Major media outlets, including The Straits Times, Channel News Asia, and Mothership, have covered the POFMA directions. However, as of the time of writing, none have included TJC’s response rejecting the government’s allegations.

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Current Affairs

Hotel Properties Limited suspends trading ahead of Ong Beng Seng’s court hearing

Hotel Properties Limited (HPL), co-founded by Mr Ong Beng Seng, has halted trading ahead of his court appearance today (4 October). The announcement was made by HPL’s company secretary at about 7.45am, citing a pending release of an announcement. Mr Ong faces one charge of abetting a public servant in obtaining gifts and another charge of obstruction of justice. He is due in court at 2.30pm.

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4 days ago

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4 October 2024

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SINGAPORE: Hotel Properties Limited (HPL), the property and hotel developer co-founded by Mr Ong Beng Seng, has requested a trading halt ahead of the Singapore tycoon’s scheduled court appearance today (4 October) afternoon.

This announcement was made by HPL’s company secretary at approximately 7.45am, stating that the halt was due to a pending release of an announcement.

Mr Ong, who serves as HPL’s managing director and controlling shareholder, faces one charge under Section 165, accused of abetting a public servant in obtaining gifts, as well as one charge of obstruction of justice.

He is set to appear in court at 2.30pm on 4 October.

Ong’s charges stem from his involvement in a high-profile corruption case linked to former Singaporean transport minister S Iswaran.

The 80-year-old businessman was named in Iswaran’s initial graft charges earlier this year.

These charges alleged that Iswaran had corruptly received valuable gifts from Ong, including tickets to the 2022 Singapore Formula 1 Grand Prix, flights, and a hotel stay in Doha.

These gifts were allegedly provided to advance Ong’s business interests, particularly in securing contracts with the Singapore Tourism Board for the Singapore GP and the ABBA Voyage virtual concert.

Although Iswaran no longer faces the original corruption charges, the prosecution amended them to lesser charges under Section 165.

Iswaran pleaded guilty on 24 September, 2024, to four counts under this section, which covered over S$400,000 worth of gifts, including flight tickets, sports event access, and luxury items like whisky and wines.

Additionally, he faced one count of obstructing justice for repaying Ong for a Doha-Singapore flight shortly before the Corrupt Practices Investigation Bureau (CPIB) became involved.

On 3 October, Iswaran was sentenced to one year in jail by presiding judge Justice Vincent Hoong.

The prosecution had sought a sentence of six to seven months for all charges, while the defence had asked for a significantly reduced sentence of no more than eight weeks.

Ong, a Malaysian national based in Singapore, was arrested by CPIB in July 2023 and released on bail shortly thereafter. Although no charges were initially filed against him, Ong’s involvement in the case intensified following Iswaran’s guilty plea.

The Attorney-General’s Chambers (AGC) had earlier indicated that it would soon make a decision regarding Ong’s legal standing, which has now led to the current charges.

According to the statement of facts read during Iswaran’s conviction, Ong’s case came to light as part of a broader investigation into his associates, which revealed Iswaran’s use of Ong’s private jet for a flight from Singapore to Doha in December 2022.

CPIB investigators uncovered the flight manifest and seized the document.

Upon learning that the flight records had been obtained, Ong contacted Iswaran, advising him to arrange for Singapore GP to bill him for the flight.

Iswaran subsequently paid Singapore GP S$5,700 for the Doha-Singapore business class flight in May 2023, forming the basis of his obstruction of justice charge.

Mr Ong is recognised as the figure who brought Formula One to Singapore in 2008, marking the first night race in the sport’s history.

He holds the rights to the Singapore Grand Prix. Iswaran was the chairman of the F1 steering committee and acted as the chief negotiator with Singapore GP on business matters concerning the race.

 

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