Editorial
No need for Good Samaritan law in S’pore, says K Shanmugam – but why is Govt seeking to shield officers from liability under Police Force (Amendment) Bill?
The Government is still not seeking to implement a Good Samaritan Law at this stage, said Law and Home Affairs Minister K Shanmugam on Monday (2 August.)
In an answer to a written question from Non-constituency Member of Parliament (NCMP) Hazel Poa on whether the Government has updated its position on implementing such a law in Singapore, Mr Shanmugam said that the Government’s position “remains the same, at this time”.
The minister, however, said that the position “will be reviewed as necessary”.
Reasons behind the Government’s stance were fleshed out on multiple occasions in the past in Parliament.
Former People’s Action Party MP Fatimah Lateef in 2008, 2012, and 2014 had sought answers from the Government on whether it will consider implementing a Good Samaritan law in Singapore.
On 29 May 2014, then-Senior Minister of State for Law, Indranee Rajah told Parliament that Singapore’s laws “do not give rise to any major liability concerns” for Good Samaritans.
“In respect of civil liability, our laws only require a person who offers assistance to comply with the standard of care that can be reasonably expected of a person of his skill and experience.
“As for criminal liability, a person is generally liable only if there is an intent to cause harm or injury. Clearly, a Good Samaritan acting in good faith will not fall into this category,” she said.
Ms Indranee also observed that Singaporeans “are not fearful of helping those in need, as can be seen by examples of our citizens stepping forward in emergency situations”.
“There have been no reported cases where persons had refused to come forward out of fear of incurring legal liability. However, should this context change, we will re-examine this issue,” she said.
Assoc Prof Fatimah then sought clarification on what laws could “circumvent the issues” if such situations were to arise, such as when a victim becomes injured in the process of receiving care as a result of the care administered by an untrained or unskilled person.
Ms Indranee replied that Good Samaritan laws serve to compel people to assist persons in an emergency where they generally would not.
“In some jurisdictions, Good Samaritan laws impose duties on bystanders to provide reasonable assistance in emergency situations.
“More typically, however, Good Samaritan laws protect bystanders who volunteer their assistance in emergencies from liability for any wrong-doing following on for such assistance.
“And that, I think, is the scenario which the Member is alluding to, where somebody comes forward to help, but in the course of assisting may actually render further injury to the person,” she said.
Ms Indranee then reiterated that Singapore’s current laws “only requires a person offering assistance to comply with the standard of care reasonably expected of a person with his skill and responsibility”.
“So, let us say you are somebody who has no medical experience and you go forward to help and you are helping in good faith, you are not expected to render the kind of assistance that a doctor or a paramedic would be rendering because that is not the level of care that is expected, or level of expertise that you have,” she said.
Even in comparison to other jurisdictions where Good Samaritan laws are in place, such laws do not render “blanket protection”, as those helping may still be held liable if they are found to be grossly negligent or have acted recklessly.
Similar explanations were given by Mr Shanmugam and then-Deputy Prime Minister and Minister for Law, Professor S Jayakumar on 14 February 2012 and 21 January 2008 respectively.
Ministry of Home Affairs seeking to protect police officers from liability in course of duties
Curiously, however, the Government appears to be seeking to protect police officers from similar liability under the Police Force (Amendment) Bill, which was debated on Monday.
The draft legislation contains provisions that will increase the powers of the police force overall, with some of the changes entailing granting police officers the authority to forcibly enter homes to protect people from injury or death, among others.
Under the Bill, the Commissioner of Police will also be given the power to delegate certain powers to civilian officers.
Explaining the rationale behind seeking to “make explicit” the protection of police officers from liability under the proposed Act, Minister of State for Home Affairs Desmond Tan said during the debate on the Bill that such a provision would apply to officers who act in good faith and with reasonable care.
Even so, police officers found to have acted “irresponsibly will still be subjected to disciplinary proceedings or even criminal proceedings”, he said.
The nature of police officers’ work, who have to make split-second decisions in order to save lives despite the risk of injuring those they need to rescue or damaging property, underlies the need to protect police officers under such legislation, said Mr Tan.
A pertinent question that needs to be asked is: Why is protection from liability being sought for paid civil servants, particularly when it is not unreasonable to assume that they have the appropriate level of training in handling high-stakes situations, and not for ordinary folks who are simply trying to assist others in emergencies?
Editorial
Undying Phoenix: TOC navigates regulatory restrictions with a revamped approach
Despite new regulations hindering operations, The Online Citizen Asia (TOC) views this as a chance to return to its roots, launching Gutzy Asia for Greater Asian news, while refocusing on Singapore. Inviting volunteer support, TOC’s commitment to truth and transparency remains unshakeable amidst these constraints.
On 21 July 2023, the Ministry of Communications and Information, under the leadership of Minister Josephine Teo, declared The Online Citizen Asia’s (TOC) website and social media platforms as Declared Online Locations (DOL) according to the Protection from Online Falsehoods and Manipulation Act 2019 (POFMA).
This decision follows a series of alleged false statements propagated by TOC, with the most recent incident reported on 2 May.
Amidst a politically charged environment characterized by scandals involving the People’s Action Party and increasing public mistrust towards the ruling government, TOC will continue to operate, albeit under significant constraints, despite the regulatory restrictions imposed.
The DOL declaration mandates that TOC must carry a public notice on its online platforms, which indicates its alleged history of disseminating misinformation.
The POFMA Office, however, clarified that TOC can continue its operations, retaining its website and social media pages under stringent regulations, particularly concerning monetization.
According to Part 5 of the POFMA, TOC is prohibited from gaining financial or material benefits from its operations. Additionally, offering financial support to TOC is equally unlawful. For the next two years, TOC will be compelled to self-sustain, relying solely on its resources without any public backing.
It strikes TOC as notably ironic that the Singapore government, eager to stymie our operations to prevent the spread of “fake news”, simultaneously demonstrates a fervour to invest S$900 million of taxpayer funds into the SPH Media Trust, currently embroiled in a data misrepresentation scandal. This dichotomy indeed presents a masterclass in cognitive dissonance.
Despite these significant constraints, TOC views this as an opportunity to revert to its roots, replicating the enthusiasm and drive that characterized our operation following our establishment in 2006.
Our existing staff will transition to a new publication, Gutzy Asia, focusing on news from Greater Asia, while TOC will refocus on its primary subject, Singapore, hence dropping the Asia subtext.
In this transition, we invite volunteers passionate about journalism and holding power to account to join us in our mission. We also welcome contributions from Singapore’s political parties, offering them a platform to express their perspectives and provide updates.
While this change may result in a decrease in content volume and frequency, we assure our supporters that our commitment to truth and transparency remains steadfast. We are legally obliged not to seek financial aid, but we hope our supporters will provide us with manpower and information support.
We are resolute in our decision to continue TOC’s operations, standing in defiance against attempts to silence dissent through lawsuits and intimidating regulations. We are here to serve the people, and we will continue our mission with determination and resilience.
To keep up to date with the publication: Follow The Online Citizen via telegram (Gutzy Asia’s posts are included)
Editorial
Shanmugam, Balakrishnan, and the Code of Conduct: A Demand for Straight Answers
Editorial: Amid the recent controversy involving Singaporean ministers K Shanmugam and Vivian Balakrishnan regarding the tenancy of two state properties, serious questions have surfaced about potential breaches of the Ministerial Code of Conduct.
Despite being renowned for high standards of governance, the lack of a clear response from the ministers themselves and the decision to pass the issue to a review committee chaired by a fellow party member has raised eyebrows. The crucial question remains: does leasing property from the Singapore Land Authority, an organization overseen by the minister in question, breach the Code of Conduct?
In a country renowned for its high standards of governance, the recent controversy surrounding the tenancy of two state properties by Minister K Shanmugam and Foreign Minister Vivian Balakrishnan has raised some perplexing questions.
Both ministers, tasked with the important responsibility of upholding the integrity of Singapore’s laws and foreign affairs, respectively, find themselves under scrutiny following allegations of a potential breach of the Ministerial Code of Conduct.
Mr Shanmugam claimed in his statement on Tuesday (23 May) to have “nothing to hide” and encouraged questions.
However, the irony is palpable when we consider the simple question that remains unanswered: Does leasing from the Singapore Land Authority (SLA), an organization he oversees, breach the Ministerial Code of Conduct?
Prime Minister Lee Hsien Loong’s decision to initiate a review is commendable and necessary to maintain the high standards of integrity that are a cornerstone of the Singapore government.
However, having a fellow People’s Action Party Senior Minister, Teo Chee Hean, chair the review does raise some questions. Furthermore, it remains puzzling why a straightforward answer isn’t forthcoming from the ministers implicated in this issue.
Under Section 3 of the Ministerial Code of Conduct, it’s stipulated that a Minister must avoid any actual or perceived conflict of interest between his office and his private financial interests.
While we should refrain from jumping to conclusions before the review concludes, the public certainly has the right to question whether a Minister leasing public property could conceivably conflict with his public duty.
This predicament reflects an unprecedented evasion of responsibility, particularly from Mr Shanmugam, who has been vocal in demanding clear and direct responses from political opponents.
Now that the tables have turned, the nation awaits his clear and direct answer – does leasing the property at 26 Ridout Road contravene the Code of Conduct for ministers?
Instead of a straightforward response, we see the matter deferred to a review committee and promises of addressing the issue in Parliament, where the ruling People’s Action Party holds a supermajority. This is far from the accountability and directness we expect from a Minister, especially one overseeing Law and Home Affairs.
The question is simple and direct, yet the absence of a clear answer has inevitably raised eyebrows and triggered skepticism about our leaders’ transparency and accountability. It is incumbent upon Mr Shanmugam and Mr Balakrishnan to clear the air and restore public confidence by providing a simple “Yes” or “No” answer.
Do the two ministers not think that the average person will likely perceive a conflict of interest when ministers rent from a government agency under the Law Minister’s purview? Once such a perception exists, how can there be no breach of Clause 3 of the Ministerial Code?
Clause 3, analogous to the maxim that justice must not only be done but seen to be done, requires a Minister to avoid actual conflict of interest and apparent or perceived conflict of interest.
Parliamentary privilege and safe environments shouldn’t be an excuse for evading direct answers. Singaporeans deserve more than opaque explanations and bureaucratic deferrals; they deserve straightforward, honest responses from their public servants. This is a matter of trust, transparency, and, above all, integrity.
If there’s anything the public can perceive from the actions of the ministers so far, it’s how out of touch they appear to be with common folks – both in the matter of principle and the need for accountability – from atop their massive ivory towers on Ridout Road.
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