Tao Li saga: Is there any
legal basis for the SSA to ask for 15 per cent
cut?
MAY I ask the Singapore Swimming Association (SSA) and leaders
of the local sporting fraternity who censored Tao Li what their
anger is predicated on relative to her displeasure about the 15 per
cent cut from her cash awards.
I understand the swimmer won four golds in last month's
South-East Asian Games. Some officials of the SSA and the local
sporting fraternity argue that Tao Li is ungrateful because she
resents the 15 per cent deduction, which is said to be for the
development of youth - I presume the nurturing of young
sportspeople.
I believe altruism was one of the mainstays of the rebuttals.
Let us look at it from this perspective.
When Tao Li was brought here, as foreign talent, to assist
Singapore in accruing golds in swimmimg, what was in her
contract?
Was there a condition, explicitly mentioned, that she had to
give up 15 per cent of what she won, to a named sporting
fraternity, to redistribute for youth development or some other
cause?
Was there a clause which stated that her coach, or coaches, were
entitled to a certain percentage of what was won? Was there a
clause stating that she had to pay back a certain percentage, for
food, housing, training, etc, to the SSA, or any other relevant
body, in the event she accrued golds and was eligible for cash from
the Multi-Million Dollar Award Programme?
<!-- show media links starting at 7th para -->If there
was, there is no argument involved. If there was no agreement
(contract), then let's be forthright and go by the law. Let's not
introduce arbitrary conditions, after the event, when the golds
have come in and Tao Li is being paid cash. No court in the land
will uphold a condition initiated after the contract is signed and
without the knowledge of one signatory.
If, on the other hand, Tao Li is asked to donate, of her own
free will, 15 per cent then there is still this problem. Donation
must come without duress. There must be no pressure exerted to
give, otherwise it becomes extortion. There can be no angry
rebuttals or an arbitrary amount stated (15 per cent).
Tao Li has the option to accept or reject the plea, if plea it
is, for a donation. It appears, however, that the SSA and some
others see it as a command.
If it is a command, from where does the command draw its legal
authority? And, in continuity, on what legal basis does the
name-calling 'greedy' and 'insincere' draw its strength? The sine
qua non in such instances is the legal principle on what was agreed
and only on this must we decide equity and its justification.
Dudley Au
~ST Forum, 01 Feb 08<!-- headline one : end -->