Current Affairs
Ex-offenders barred from employment, contractors barred for safety violations but companies convicted of corruption still allowed to bid on government contracts because corruption was with private sector?
The Ministry of Finance (MOF) has said that the reason why ST Marine is still allowed to procure government contracts even after seven of its senior executives were found guilty of corruption in one of the biggest graft scandals in Singapore is because the Corrupt Practices Investigation Bureau (CPIB) did not find any offences related to government contracts or agencies.
They claim that since ST Marine’s corrupt practices didn’t involve government contracts and didn’t cause harm or irreparable damage to government agencies, then they’re allowed to continue bidding on contracts put out by the government, they’re allowed to continue using the government’s procurement portal, GeBiz. This is according to the guidelines set out by the Standing Committee on Disbarment (SCOD).
However, if you look at the Defence Procurement guidelines on the Defence Science & Technology Agency (DSTA) website it states that any company found guilty of corruption will be barred from obtaining any new contracts or tenders from the government. The DSTA guidelines do not make a distinction between government and non-government contracts. And since GeBiz is also under the purview of DSTA, you would think that the DSTA guidelines would supersede the SCOD ones. Apparently not.
The contract that was awarded to ST Marine is valued at about S$316 million for the construction of 12 aluminium hulled patrol boats for the Police Coast Guard (PCG). The tender included the option to supply and the maintenance of these boats for a firm period of 15 years and the option to extend for another three years.
MHA awarding the S$316 million contract to ST Marine is also surprising because the corruption scandal was massive. Back in 2017, seven of the company’s former senior executives were convicted of corruption for covering up and accepting bribes up to at least $24.9 million between 2000 and 2011. It’s no small thing.
Back in 2018, a question was asked in Parliament about whether contractors with a record of safety lapses who have been blacklisted by the Ministry of Manpower for those lapses can be made ineligible to tender for public infrastructure projects for a longer period of time to ensure that all contractors take building quality and safety seriously.
The Minister for Transport, Khaw Boon Wan responded that the SCOD decides on all cases of debarment of contracts, adding that contractors may be debarred on safety grounds and that the period of debarment depends on the severity of each case. This, he said, is a debarment framework that all government agencies follow.
The Minister did not, however, distinguish between contractors with safety lapses on public or private project. It was clear that any contractor with safety lapses, whether on private or public projects, that have been blacklisted by MOM, is at risk of debarment. The framework applied to all.
Now let’s a look individuals ex-offenders. In 2018, a Potong Pasir resident’s application for a license to be a security officer was reject by the Singapore Police Force (SPF). In their rejection letter to the man who is an ex-convict, SPF stated that he was ‘not a fit person’ in lieu of his previous conviction.
Jose Raymond, at the time, asked ‘what happened to giving people second changes and opportunities to make amends and move on after making mistakes?’
In response to Mr Jose Raymond’s concern, a spokesperson for the Ministry of Home Affairs said in 2018 that someone with a criminal record has to remain offence-free for a certain amount of time before they can take up certain jobs. This duration of the required offence-free period varies according to the severity and relevance of their conviction.
Mountbatten MP Lim Biow Chuan at the time also said that most people would ‘err on the side of caution’ when they consider hiring an ex-convict.
So comparing these two case with ST Marine, there appears to be an inconsistency. When it comes to civilians found guilty of committing offences, they’re barred from being employed. And according to the Parliamentary reply from Minister Khaw, contractors are at risk of debarment regardless of whether their lapses involved public or private projects.
So why is there a different standard when it comes to ST Marine’s participation in the government’s procurement portal, GeBiz? Why is there a distinction made between corruption within the private and public sector?
Current Affairs
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.
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.
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.
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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