Voices of concern - capital punishment

Dear Mr. Tan,
There has been much talk about the role of the president much of which centered around money and reserves. There has been little discussion about the humanitarian and social aspects.


The voices of concern have only focused on money related issues. What are your views on capital punishment and its mode here in Singapore? Many believe that judicial hangings are gruesome and inhumane, and believe the mode and system should be brought in line with the times.


I also write to also ask your opinion on the process of clemency in relation to the Yong Vui Kong case. The Hon Justice Choo Han Teck, found Vui Kong to be too young to be dealt with the death sentence, but the prosecution did not agree to reduce the charge.


How, if you are elected (with the 'limited powers'), will you fully address the 'voice of the people', particularly on such issues? What if Vui Kong was Singaporean? I believe parts of the system are draconian and need to be brought in line with the times.


I am of the opinion that the president should be as independent as the judiciary. The role of president was described on a forum as an 'expensive flower vase' paid for by the people and placed by political convenience.


'Voice of the people' is very proactive, I sincerely hope you can be, unlike all the mostly impotent presidents of the past. I wish you all the best and you can count on my support.
Alexander


REPLY
I believe that the President should have the full power of clemency and he should not be required to act on the advice of the cabinet.

However, my personal view is not in line with the power of the President as stated in the constitution. I hope that the constitution will be changed in this respect.

Regarding the specific case of Yong Vui Kong, I wish to hold back my personal judgement, as I have not been following this case in detail. If I were the President and the case comes before me, I will have to rely on the President Advisory Council to deliberate on this matter and give a recommendation.

Even with the limited power under the current constitution, I will give my personal views to the cabinet (after studying the case and getting the advice of the President Advisory Countil) for the cabinet to make a final decision.

Social problems in Singapore

Dear Mr Tan,

Currently, there are so many social problems in Singapore:

1. Many baby-boomers and Gen-X people are finding it challenging to find work in Singapore. The Government has not done much to help this group of people. Employers (Government sector and private) tend to prefer younger graduates and foreign talents. For a while, the Government had been encouraging people to start a business, but had met with little success. My friend (50 years old) has been offered a road sweeper job by CDC, when he has a wealth of experience in the corporate world. And there are many more examples out there.

2. The educational sector is in a mess. Kids these days are so rebellious, and parents are busy earning money, so nobody teaches them manners, moral and ethics. So they turned bad and commit crimes.

3. Many people are divorcing, and kids are stranded too.

4. Many people are not getting married, because many guys are struggling with their career (see point 1) and the ladies are too highly educated.

5. The income gaps of people are getting greater too. Soon many middle-income people will become low-income. Assuming a middle-income person earn $3k per month, but seriously, what can $3k buy these days? When money is always not enough, that middle-income household will become a low-income one.

Therefore, you can see many people are falling through these cracks in the society. I think while it is good to have a Voice, but it is better to see some welfare (in terms of real help and support) within our country. This is something that the Government is extremely weak in doing so. By welfare, I don’t mean giving out money, but by really helping people to find jobs, or maybe more counselling centres, etc.

I feel sad for Singaporeans. May I know what is your take on this?

Shaun


REPLY
I agree with your observations. We have to address these social problems. I hope to be able to do so, as President, to be the voice of the people and to improve the welfare of the people.

Does the constitution allows the President to speak up?

Comment posted in my blog:

As a law student who has studied constitutional law, I must say that I am quite disappointed in Shanmugam. Nowhere does the Constitution state that the President cannot speak up on issues of national concern.

In fact, the Constitution grants all citizens the freedom of speech (Article 14). It would be absurd if a citizen could lose his freedom of speech simply by becoming the President. The freedom of speech is a fundamental liberty that is constitutionally entrenched, and can only be curtailed by clear words in the Constitution.

Of course, nothing in law is totally clear-cut. One could possibly argue that from the President's scope of duties and powers, one could infer a rule that the President is barred from speaking up against the Government. But this would be a very difficult argument to make, given that it requires restricting an explicit fundamental liberty in favour of an inchoate, unwritten rule. Shanmugam is certainly not justified in saying with such total confidence that the President will be violating the Constitution if he does speak up.

Dag

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Statement from Tan Kin Lian - Can the President speak?

I agree with the Law Minister Shanmugan on the duties of the President and how they are to be carried out, in so far as they are stated specifically and clearly in the Constitution.

I do not agree with his view that  the President cannot speak about anything else without the approval of the Government.

I find the Law Minister’s interpretation to be too narrow. It seemed to give the President less freedom of speech than an ordinary citizen of Singapore.

I wish to assure the Law Minister and the Government that, if I were elected as President, I would carry out the duties within the constitution and to bring issues of the people to the Government in a constructive and cooperative manner, and will help to find the solutions that are best for the people and for the Government as well. I believe that in most cases, there are many areas of common interest between the Government and the people.

I also pledge to the people that I will bring up issues that are legitimate and affect large numbers of people. I will be “the voice of the people” in conveying these issues to the Government.

I urge the Government to adopt a more open approach towards the issues of the people. There is no need to politicize these issues. If they are legitimate issues, let us adopt an open and constructive approach to solve them. Many of these issues are best solved when they are discussed openly in a forum and bring the views of the impartial experts and also the views of the people who are affected by them.

An open approach is more likely to bring better solutions. It allows the people to be engaged and understand the issue better. It removes suspicion and builds trust. This will be for the better of the future of Singapore.

I have looked at the constitution earlier about whether the President can be the voice of the people to bring issues to the Government. I do not find any requirement that the President should be “dumb”. I have also received advice from a lawyer who looked at the constitution and he confirmed my understanding.

I shall ask the lawyer to go through the constitution one more time to see if there are clauses that have been overlooked by me, and that support the interpretation of the Law Minister that the President cannot speak on any issue that differs from the actions taken by the Government.

If the reading of the constitution is not as narrow as stated by the Law Minister, I will proceed to contest the election (provided that I get the certificate of eligibility) and let the people decide if they wish to elect me on my platform to be the voice of the people and to work with the Government in a constructive and cooperative manner.

I believe that the Government will also find it wise to cooperate and respect the office of the elected President, in the interest of the people of Singapore.

Tan Kin Lian

Increase in Transport Fares

Reply to Shin Min paper


My view about public transport fares is contained in this statement

http://tankinlian.blogspot.com/2011/07/statement-from-tan-kin-lian-public.html

I regret that the Public Transport Council has given approval for the fare increases at this time, while service levels have not yet been improved. I hope that the operators will follow through with the improvement in service for commuters by increasing the capacity of the bus and trains and provide shorter waiting and travelling times and more comfort for commuters.

I also hope that the public transport operators to give more concessions to the elderly, school children and the poor.

The Voice of the People and the Constitution

Response to Minister Shanmugan’s comments at IPS seminar,

Mr Shanmugan has presented a clear explanation on what are the constitutionally defined roles and responsibilities of our Elected President. If I am elected, as the constitutional Head of State, I would certainly uphold the letter and spirit of the law of our land and follow all the constitutional requirements expected of me.

In carrying out the duties of the President, I do not see a conflict between the constitutional requirements and the 5 values I espouse namely: Honesty, Fairness, Public Service, Courage and Public Service. These are the values I will apply in using the soft powers of the President.

In fulfilling my pledge to be the Voice of the People, I am pledging to be their interlocutor with the government as and when useful and appropriate. I note that he and Professor Tommy Koh revealed that the PM meets with the President weekly and I assume this convention will continue, whoever is elected. This mechanism ensures that substantial discussion could take place, if both sides are willing to have a dialogue.

During this period, leading up to polling day, each candidate must find the means to make themselves known and hopefully be forthright and truthful about how they intend to carry out their duties. As stated in my latest statement (http://tankinlian.blogspot.com/2011/08/voice-of-people.html) if elected, I intend to work in full co-operatrion with the government to find common ground on issues that the people feel strong about. I believe that a good government will be able to recognize a genuine call from the people and that the moral authority of the President will be sufficient weight for fair consideration.

Obviously, I will have to exercise discretion in raising the issues which are of greatest concern and urgency as well as those which are of real impact on Singapore and where there is need for confidentiality or discretion, I will know how to exercise this. I believe strongly that much can be achieved with a spirit of cooperation but it has to be both ways.