http://www.temasekreview.com/2009/10...implement-lup/
Town Council Act (CAP
329A) states clearly that Govt must work with Town Councils (run by
MPs) to implement LUP
OPINION
In a letter published in the Straits Times Forum on 27 October
2009, Press Secretary to the Ministry of National Development Lim
Yuin Chien wrote that there is a difference between the roles of a
MP and an adviser.
This was what he wrote:
“In Singapore, MPs also have an important role in running town
councils. As provided for in the Town Councils Act, this role
includes managing the common property of HDB estates and carrying
out local improvement projects, thereby contributing to the
well-being of the people of the constituency.
As for the government-appointed adviser, his main role is to assist
in implementing national programmes, such as government campaigns,
and HDB’s upgrading programmes, including the Lift Upgrading
Programme (LUP).”
Mr Lim’s reply appears to give
one the impression that the PAP’s “grassroots adviser” is obliged
to implement the LUP under the law and not the MP.
However, there is NO ROLE
stipulated for grassroots advisers under the Town Council Act (CAP
329A) at all.
Under Part IVA (Lift
Upgrading Works) of the Act, the Town Council is the authority
involved from the preliminary discussions about the upgrading to
its final implementation on the ground.
Since Hougang Town Council is under the charge of its MP Low Thia
Kiang, Mr Low Thia Kiang should be the one implementing the LUP and
NOT the PAP losing candidate Eric Low.
There are NO PROVISIONS
made in the Act for the Ministry of National Development to
collaborate with PAP-appointed grassroots adviser instead of the
legitimate MP.
Attached below are selected segments of the Town Councils Act (CAP
329A)
Declaration of
precincts
24B. —(1) The Minister may, after consulting the Board and the Town
Council concerned, from time to time by order published in the
Gazette, declare any housing estate of the Board or any part
thereof within that Town Council’s Town to be a precinct for the
purposes of the Town Council carrying out any lift upgrading works
in buildings within the precinct.
Lift upgrading works in a precinct
24C. —(1) Where any housing estate of the Board or any part thereof
within a Town has been declared a precinct under section 24B, the
Town Council for that Town shall, as soon as practicable —
(a) make arrangements to conduct in the manner prescribed a poll of
such owners of the flats within the precinct as may be prescribed
with a view to establishing their opinions about the Town Council’s
proposals to carry out lift upgrading works in buildings within the
precinct; and (b) do such other things as the Minister may
direct.
Power to carry out lift upgrading works and recover improvement
contributions
24D. —(1) As soon as practicable after the Minister has given his
approval under section 24C (3) (b), the Town Council concerned
shall carry out the lift upgrading works in the precinct in such
manner as the Town Council thinks fit.
[Source: Statutes of Singapore]
As we can see from the
above, the Minister has to work with the Town Council to carry out
lift upgrading works in the precinct. Therefore, he should work
directly with Hougang Town Council and NOT the PAP grassroots
adviser.
Who is the Chairman of Hougang Town Council? According to the
official website of Hougang Town Council, its Chairman is Mr Low
Thia Kiang, the MP for Hougang.
[Source: Hougang Town
Council]
Naturally it follows that the Ministry of National Development
should just work with Mr Low to implement the LUP in Hougang. There
is simply no business for the PA or Mr Eric Low to be involved in
the first place!
In an interview with the state
media, Mr Eric Low even claimed that he was involved in the
discussion with the Ministry about the LUP and subsequent
conducting of polls among the Hougang residents, but he has
absolutely NO POWER to do so under the Town Council
Acts!
Why wasn’t the Town Councils Act adhered to this instance? What
does it say of the minister and the civil servants if they don’t
even bother to follow the Act? Did they miss out the fine print in
the Act out of hindsight or are they simply flouting the
rules?
If the Act is frivolous and redundant, then why is it in our
Statutes in the first place? Is the PAP making a mockery out of the
Attorney-General Chambers?
Or is the Minister ignorant of the Act? If he is not, why didn’t he
follow the provisions provided in the Act to work with Mr Low Thia
Kiang? Why did he choose to appoint Mr Eric Low to implement the
LUP instead?
The National Development Ministry MUST explain why there was a
discrepancy in what was printed in the Town Councils Act and its
actions.
From now onwards, pending to further revisions to the Town Councils
Act, ALL lift upgrading works in any precincts in Singapore must be
implemented through their respective Town Councils led by their MPs
regardless of their political affiliations.
Singapore Law Minister Mr Shanmugam told visiting American
delegates from the New York State Bar Association yesterday that
Singapore is a country governed by law:
“The rule of law was necessary to assure people of different races
that they had equal opportunities, and to attract foreign
investments for economic growth,” he said.
It is a joke that for some strange reasons or another, Mr
Shanmugan’s ministerial colleague has refused to obey the Town
Councils Act by choosing not to work with Hougang Town Council and
even has the audacity to TWIST the facts by claiming that “it is
the role of the grassroots advisers to implement the LUP” through
his press secretary when it was stated NOWHERE in the Town Councils
Act that the LUP has to be carried out by the grassroots
advisers!
From beginning to end, there was no mention of the words
“Grassroots advisers”, “People Association” or “PAP losing
candidates” and so how did Mr Eric Low come into the picture at
all?
Can Mr Shanmugam please explain to Singaporeans who is in the
wrong? Is there a mistake somewhere in the Town Councils Act or did
the Minister fail to follow what was printed in the Act?
Singapore has always prided itself as a country governed strictly
by laws. Nobody is above the law in Singapore, be it a common man
in the street, a tycoon or an important political leader.
Was the Town Councils Act
flouted? If not, why not? If it has indeed been contravened, what
punishment should the Attorney-Chambers mete out to the
transgressors?
This is an important matter of public interest as it concerns the
sanctity of law in Singapore. If the Mr Eric Low or the civil
servants are able to get away by their actions of not following the
law, what does it say about the rule of law in Singapore?
If the minister, Mr Eric Low and other civil servants had respected
the Town Council Acts, they should have followed it strictly in
accordance to Part IVA (Life Upgrading Works) and work directly
with Hougang MP Low Thia Kiang instead. Mr Low should be the person
announcing the LUP and NOT Mr Eric Low.
Mr Eric Low can volunteer his services to Hougang residents by
being the personal assistant of Mr Low Thia Kiang in his own
personal capacity, but he should not be the main liaison person
between Hougang Town Council and the National Development
Ministry.
Singaporeans expect no less than a clear explanation on this matter
from the authorities concerned – the National Development Ministry,
the Law Ministry, HDB, People’s Association and the
Attorney-General Chambers.
If a precedent is set which allows for laws as outlined in the
Singapore Statutes to be ignored and disobeyed, what will our
country become?
Mr Shanmugam should put his words into action by clearing up the
“misunderstanding” over the Town Councils Act to lay down the
ground rules explicitly so that future sagas like this will not
happen again.
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