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Singapore Gov’t must guard against “inherent vices” when designing policies, say academics

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Beyond compassion and being friendly to businesses, the Singapore government has to also guard against the inherent vices in its policies, said the National University of Singapore Vice Provost of Student Life Associate Professor Leong Ching on Monday (19 July).

In a post on LinkedIn, Assoc. Prof Leong described “inherent vices” as the “property of quality of any substance or object which causes itself to self-destruct”.

She explained, “Such vices are defined in relation to the risk they face – in art pieces, it could be a function of time or the unstable structure of the art piece itself such as the paint or materials used, whereas in maritime law it may be about the perishable nature of cargo – or simply that ships may sink.”

The associate professor then elaborated that these vices are excluded by insurers from compensations as the risks as inherent in the objects themselves, meaning that the contractors and carriers bear the burden of those risks.

Relating this to policy, Assoc. Prof Leong said that she has argued that policies do possess such inherent vices as well, “especially those designed in such a way as to attracting certain forms of risks – risks linked to uncertainty, maliciousness and non-compliance.”

She stressed, “In such instances, it is the duty of the policymaker to build in responses to such risks, which can be reasonably for seen.”

Referring to the recent spike in cases linked to KTV lounges, Assoc. Prof Leong cited the two “defences” that have been attempted in addressing the situation.

The first defence is that KTVs being allowed to pivot to F&B operations was the Government trying to help businesses. The other argument is that the “boyfriend” route to entry into the country was a sign of compassion.

The “boyfriend” route refers to how one of the Vietnamese KTV hostesses was allowed entry into Singapore under the familial ties lane and was sponsored by her boyfriend.

Assoc Prof Leong went on to cite the argument’s conclusion that “The government tries to help” but that people abuse the system and that “this is not a loophole”. The conclusion goes on to ask people to stop blaming the government or foreigners but instead to blame those who abuse the privileges and aid available to them and those “who cause problems for all of us”.

The associate professor countered that this is “NOT the moral of the story”.

She explained that while we are entitled to hold accountable those who break the law, “we should also look at the loose policy design, which ignored, or at least, did not recognise fully, the inherent vices of both the KTV ‘pivot’ and the ‘boyfriend’ policy”.

“No one blames the government for trying to help,” she said.

“But it cannot assume that compassion and being friendly to businesses are enough. It must also guard against the inherent risks present in the world.”

Assoc. Prof Leong then linked to an article by Canadian researcher Michael Howlett on his original conception of inherent vice and policy design.

Assoc. Prof Leong’s post was shared on the platform by Senior Lecturer and Professor of Practice at the Hong Kong University of Science and Technology Professor Donald Low.

In a Facebook post of his own on Wednesday (21 July), Prof Low made similar arguments, reiterating the point.

In his post, Prof Low referenced Mr Howlett’s paper titled “Dealing with the Dark Side of Policy-Making: Managing Behavioural Risk and Volatility in Policy Designs” published in the Journal of Comparative Policy Analysis in 2020.

“This is a very good paper that sheds light on why the arguments of ‘enforcement is always a cat-and-mouse game’, ‘the authorities are already very stretched’, and ‘individual responsibility is more effective than strict enforcement’ aren’t quite acceptable,” said Prof Low.

The main argument, said Prof Low, is that good policy design should take into account the possibility that recipients of the policy would “engage in misconduct” such as fraud or “gaming the system”, thus thwarting the government’s intentions.

Noting arguments from people who say that the authorities are not to be blamed for allowing KTVs to pivot to F&B operations as they had good intentions and that it would be impossible for rules to be fully or completely enforced, Prof Low dismissed these as “unpersuasive”.

“I remember one of my first Permanent Secretaries telling me that good policy intentions are not an excuse for bad implementation or unintended outcomes,” he recalled.

Prof Low went on to add that an inadequately enforced rule is a “bad” one. He conceded that no one expects perfect enforcement, however, the violations in the case of the KTV cluster appeared to be “blatant, egregious and widespread”.

“In this case, questions must be asked of those tasked with enforcing the rules, not just of those who violated the rules,” the professor concluded.

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Chee Soon Juan questions Shanmugam’s $88 million property sale amid silence from Mainstream Media

Dr Chee Soon Juan of the SDP raised concerns about the S$88 million sale of Mr K Shanmugam’s Good Class Bungalow at Astrid Hill, questioning transparency and the lack of mainstream media coverage. He called for clarity on the buyer, valuation, and potential conflicts of interest.

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On Sunday (22 Sep), Dr Chee Soon Juan, Secretary General of the Singapore Democratic Party (SDP), issued a public statement on Facebook, expressing concerns regarding the sale of Minister for Home Affairs and Law, Mr K Shanmugam’s Good Class Bungalow (GCB) at Astrid Hill.

Dr Chee questioned the transparency of the S$88 million transaction and the absence of mainstream media coverage despite widespread discussion online.

According to multiple reports cited by Dr Chee, Mr Shanmugam’s property was transferred in August 2023 to UBS Trustees (Singapore) Pte Ltd, which holds the property in trust under the Jasmine Villa Settlement.

Dr Chee’s statement focused on two primary concerns: the lack of response from Mr Shanmugam regarding the transaction and the silence of major media outlets, including Singapore Press Holdings and Mediacorp.

He argued that, given the ongoing public discourse and the relevance of property prices in Singapore, the sale of a high-value asset by a public official warranted further scrutiny.

In his Facebook post, Dr Chee posed several questions directed at Mr Shanmugam and the government:

  1. Who purchased the property, and is the buyer a Singaporean citizen?
  2. Who owns Jasmine Villa Settlement?
  3. Were former Prime Minister Lee Hsien Loong and current Prime Minister Lawrence Wong informed of the transaction, and what were their responses?
  4. How was it ensured that the funds were not linked to money laundering?
  5. How was the property’s valuation determined, and by whom?

The Astrid Hill property, originally purchased by Mr Shanmugam in 2003 for S$7.95 million, saw a significant increase in value, aligning with the high-end status of District 10, where it is located. The 3,170.7 square-meter property was sold for S$88 million in August 2023.

Dr Chee highlighted that, despite Mr Shanmugam’s detailed responses regarding the Ridout Road property, no such transparency had been offered in relation to the Astrid Hill sale.

He argued that the lack of mainstream media coverage was particularly concerning, as public interest in the sale is high. Dr Chee emphasized that property prices and housing affordability are critical issues in Singapore, and transparency from public officials is essential to maintain trust.

Dr Chee emphasized that the Ministerial Code of Conduct unambiguously states: “A Minister must scrupulously avoid any actual or apparent conflict of interest between his office and his private financial interests.”

He concluded his statement by reiterating the need for Mr Shanmugam to address the questions raised, as the matter involves not only the Minister himself but also the integrity of the government and its responsibility to the public.

The supposed sale of Mr Shamugam’s Astrid Hill property took place just a month after Mr Shanmugam spoke in Parliament over his rental of a state-owned bungalow at Ridout Road via a ministerial statement addressing potential conflicts of interest.

At that time, Mr Shanmugam explained that his decision to sell his home was due to concerns about over-investment in a single asset, noting that his financial planning prompted him to sell the property and move into rental accommodation.

The Ridout Road saga last year centred on concerns about Mr Shanmugam’s rental of a sprawling black-and-white colonial bungalow, occupying a massive plot of land, managed by the Singapore Land Authority (SLA), which he oversees in his capacity as Minister for Law. Minister for Foreign Affairs, Dr Vivian Balakrishnan, also rented a similarly expansive property nearby.

Mr Shanmugam is said to have recused himself from the decision-making process, and a subsequent investigation by the Corrupt Practices Investigation Bureau (CPIB) found no wrongdoing while Senior Minister Teo Chee Hean confirmed in Parliament that Mr Shanmugam had removed himself from any decisions involving the property.

As of now, Mr Shanmugam has not commented publicly on the sale of his Astrid Hill property.

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Redditors question support for PAP over perceived arrogance and authoritarian attitude

Despite Senior Minister Lee Hsien Loong’s warning that slimmer electoral margins would limit the government’s political space “to do the right things”, many Redditors questioned their support for the ruling PAP, criticising its perceived arrogance. They argued that SM Lee’s remarks show the party has ‘lost its ways’ and acts as if it alone can determine what is right. Others noted that the PAP’s supermajority allows for the passage of unfavourable policies without adequate scrutiny.

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In a recent speech, Senior Minister Lee Hsien Loong warned that “if electoral margins get slimmer, the government will have less political space to do the right things.”

Mr Lee, who served as Prime Minister for 20 years, highlighted the risks associated with increasingly competitive politics.

“It will become harder to disregard short-term considerations in decision-making. The political dynamics will become very different,” he stated during his speech at the Annual Public Service Leadership Ceremony 2024 on 17 September.

“Singaporeans must understand the dangers this creates, and so must the public service,” SM Lee stressed.

SM Lee pointed out that Singapore faces formidable internal and external challenges in the years ahead, with rising expectations and demands from citizens.

As growth becomes harder to achieve and politics becomes more fiercely contested, he warned, “Things can go wrong for Singapore too.”

He urged vigilance in preparing for an uncertain future, noting, “As the world changes, and as the generations change, we must do our best to renew our system – to ensure that it continues to work well for us, even as things change.”

Critique of PAP’s Arrogance and Disconnect from Singaporeans

The People’s Action Party (PAP) experienced a notable decline in its vote share during the 2020 General Election, securing 61.24% of the votes and winning 83 out of 93 seats, a drop from 69.9% in 2015.

A significant loss was in Sengkang GRC, where the PAP team, led by former Minister Ng Chee Meng, was defeated by the Workers’ Party (WP).

In discussions on Reddit, some users questioned why they should support the ruling PAP, criticising the party’s perceived arrogance.

They pointed out that SM Lee’s recent remarks illustrate that the party has strayed from effectively serving Singaporeans and seems to believe it has the sole authority to decide what is right.

Others highlighted that the PAP’s super-majority in Parliament enables the passage of unfavourable policies without sufficient scrutiny.

One comment acknowledged that while many older Singaporeans remain loyal to the PAP due to its past achievements, younger generations feel the party has failed to deliver similar results.

There is significant frustration that essentials like housing and the cost of living have become less affordable compared to previous generations.

The comment emphasised the importance of the 2011 election results, which they believe compelled the PAP to reassess its policies, especially concerning foreign labor and job security.

He suggested that to retain voter support, the PAP must continue to ensure a good material standard of living.

“Then, I ask you, vote PAP for what? They deserve to lose a supermajority. Or else why would they continue to deliver the same promises they delivered to our parents? What else would get a bunch of clueless bureaucrats to recognise their problems?”

Emphasising Government Accountability to the Public

Another Redditor argued that it is the government’s responsibility to be accountable to the people.

He further challenged SM Lee’s assertion about having less political space to do the right things, questioning his authority to define what is “right” for Singapore.

The comment criticised initiatives like the Founder’s Memorial and the NS Square, suggesting they may serve to boost the egos of a few rather than benefit the broader population. The Redditor also questioned the justification for GST hikes amid rising living costs.

“Policies should always be enacted to the benefit of the people, and it should always be the people who decide what is the best course of action for our country. No one should decide that other than us.”

The comment called for an end to narratives that present the PAP as the only party capable of rescuing Singapore from crises, stating that the country has moved past the existential challenges of its founding era and that innovative ideas can come from beyond a single political party.

Another comment echoed this sentiment, noting that by stating this, SM Lee seemingly expects Singaporeans to accept the PAP’s assumption that they—and by extension, the government and public service—will generally do the “right things.”

“What is conveniently overlooked is that the point of having elections is to have us examine for ourselves if we accept that very premise, and vote accordingly.”

A comment further argued that simply losing a supermajority does not equate to a lack of political space for the government to make the right decisions.

The Redditor express frustration with SM Lee’s rhetoric, suggesting that he is manipulating public perception to justify arbitrary changes to the constitution.

Concerns Over PAP’s Supermajority in Parliament

Another comment pointed out that the PAP’s supermajority in Parliament enables the passage of questionable and controversial policies, bypassing robust debate and discussion.

The comment highlighted the contentious constitutional amendments made in late 2016, which reserved the elected presidency for candidates from a specific racial group if no president from that group had served in the previous five terms.

A comment highlighted the contrast: in the past, the PAP enjoyed a wide electoral margin because citizens believed they governed effectively. Now, the PAP claims that without a substantial electoral margin, they cannot govern well.

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