<Facebook complaint by Everlynn Koh>

Don't ever take this cab.. Stupid taxi driver! Don't know the way, I ask him just go towards the place first, he ask me get off CCB! Tomorrow I gonna call LTA..

<Opinion Piece by Mr. Andrew Loh>

The courts have now given its final decision, after a two year battle involving the Attorney General’s Chambers, representing the Government, and lawyers working on behalf of Dr Ting Choon Meng and website, The Online Citizen (TOC).

On Monday, the three-men panel of the Court of Appeal (CA), in a rare split decision, ruled that the Government is not a legal person, and thus has no recourse to invoke the Protection of Harassment Act (PHA) to defend itself from allegations made by Dr Ting.

In brief, the case court case centred around a report of an interview which TOC conducted with Dr Ting on his own earlier tussle with the Ministry of Defence (Mindef) over patent rights to a military emergency mobile clinic.

Mindef took offence at some of the things claimed by Dr Ting in the interview, which was published in January 2015.

Shortly after, the AGC began legal action against both Dr Ting and TOC, accusing them of propagating false statements.

The court battle lasted two years, until Monday’s ruling by the CA which upheld the original High Court decision in favour of the respondents – that the Government has no legal standing as a “person” to invoke the rights under the PHA.

It has always been evident to this writer that the Government’s action, through the AGC, was an abuse of the PHA and the court process, and a wastage of taxpayers’ money.

If one goes back to the spirit of the law, and the context and intent of Parliament in enacting the PHA in 2014, it is clearly evident that it was meant to avail victims of harassment some sort of redress.

And it is also clear, from the parliamentary debate on the Bill, that victims were real, flesh and blood, natural persons; not corporate entities, government institutions or the Government itself.

Indeed, the CA, in its judgement, said as much.

“[Merely] looking at the text of section 15 shorn of (and in isolation from) its context will result in a distortion of what, in our view, was the actual Parliamentary intention behind the promulgation of this particular provision,” the CA said in its written judgement, referring to the section of the PHA in question.

The two judges who ruled against the AGC, Chao Hick Tin and Andrew Phang, also referred to the parliamentary speech of the Law Minister, K Shanmugam, in arriving at their decision in favour of Dr Ting and TOC.

“It is clear that the Minister’s focus was solely on human beings (as opposed to other entities),” the judges said.

But we really did not need our highly esteemed judges to tell us this.

A simple reading of the parliamentary debate on Hansard, the official Parliament record, shows very clearly Parliament’s intent.

For in the entire debate on the Bill, there was no mention at all by any minister or Member of Parliament (MP) that the Government or a corporate entity or a government-linked institution is to have recourse to the PHA.

This fact did not escape the two judges who said “it is curious that there is no reference whatsoever [during the parliamentary debate] to such other entities.”

“More importantly,” the justices said, “the detailed speech by the Minister points, in our view, to a more general and universal rationale that undergirds s 15 – that s 15 was intended by Parliament to confer upon human beings (only)…”

What is noteworthy is also the facts that upon receiving the initial letter of demand from the AGC, which included a note which the AGC demanded TOC put up on its website together with the report in question, TOC did so immediately.

And this was after TOC had also published Mindef’s response to Dr Ting’s claims, with a url hyperlink to Mindef’s statement on its Facebook page.

TOC had, when it published the report, also invited Mindef to share its views. Mindef, however, chose not to respond to the invitation.

So, when the AGC began legal proceedings against TOC, it was quite a surprise, given how TOC had been opened and prompt in putting up the AGC’s note and Mindef’s statement.

But the bigger issue here is this: should the Government, which itself introduced the PHA and had a lengthy debate in Parliament about it, know better than to have wasted taxpayers’ money by bringing the case to court?

It cannot be that the MPs belonging to the ruling party, which has an overwhelming majority in Parliament, did not at all raise a single question about the PHA’s umbrella of protection for corporate entities and government institution, if that was in fact what was intended.

Indeed, the CA noticed this disparity.

It said that if it were to accept that the PHA was also meant to protect such entities and institutions, the Act would “sit incongruously (and be out of sync) with the other provisions of the Act, especially when the Act is viewed as an integrated as well as holistic whole.”

And note this important explanation the CA provided:

“As already emphasised, the fact that at no time was there any discussion with regard to the rights of entities (other than human beings) pursuant to s 15 is itself telling. We say this because the extension of such a general right (as was argued for by the appellant) would necessarily entail a myriad of possible scenarios (and, more importantly, the accompanying policy issues, if nothing else, because there are so many possible organisations (both governmental and non-governmental and large as well as small) as well as possible scenarios (for example, as between organisations and individuals or as between organisations themselves) that would have merited more discussion as well as elaboration (which might even have led to the tweaking of s 15 or additional provisions or even new legislation)).”

The PHA was enacted following extensive public and private discussions with social workers, schools, parents, etc on the problem of bullying and harassment faced by students, children, women and the vulnerable.

It was thus a welcome and good move by the Government to introduce a law to grant them some protection from this.

Unfortunately and sadly, in its enthusiasm to go after online alternative news sites, bloggers and activists in that period (which saw the government take legal action to close down a popular blog, and sue others for defamation) just months before the General Election of September 2015, it overreached and abused the PHA for its own political ends.

It is thus satisfying that the Court of Appeal has now checked the Government’s actions, and reined it in.

It is ridiculous and indeed laughable that a Ministry of Defence can claim to be harassed by one single blog post.

And even if it can claim that, it is still an abuse of the law and the court process to ask for the right to have the article removed, given, as earlier mentioned, the steps TOC had already taken to highlight Mindef’s side of the story, including writing to Mindef for its views, which the latter apparently declined to give.

“It is a government agency possessed of significant resources and access to media channels,” the CA said in its ruling, referring to Mindef. “In the present case, MINDEF was able to put across its side of the story through traditional media as well as on its Facebook page. The Online Citizen had, in fact, published MINDEF’s statement in full and provided a link to it from the offending article. Given all this, it is difficult to see what discernible impact the Allegations and The Online Citizen’s publication of the Allegations could have had on MINDEF’s reputation or public image.”

And the CA added:

“For these reasons, even if we were to accept that s 15 applies to entities such as MINDEF, we would not have found it just and equitable to grant a s 15 order.”

The Government, the AGC and Mindef ought to be ashamed of themselves for first abusing the law for their own selfish aims, and for wasting the court’s time and taxpayers’ money.

The PHA is a good law meant to protect vulnerable people of untoward behaviour.

Keep it that way. And keep the government out of it.

Planning to buy bak kwa from Malaysia for Chinese New Year? Think twice - you may be breaking the law. The barbecued sweet meat is on the list of items travellers are barred from bringing into Singapore. Pork from Malaysia, and all other South-east Asian countries, is not allowed even for personal consumption.

With Chinese New Year approaching, the Immigration and Checkpoints Authority (ICA) and the Agri-Food and Veterinary Authority of Singapore (AVA) issued a joint advisory reminding travellers to check the guidelines on the importation of items.

Bak kwa is considered a pork product and can be imported only from approved regions including Australia, Japan, United States and a number of European countries. Pork from Malaysia, and all other South-east Asian countries, is not allowed even for personal consumption.

Court rules Govt is not a person under anti-harassment law provision

I refer to the article “Is Government a person? Court rules on anti-harassment law provision” (Straits Times, Jan 17).

Fake news & misleading information?

It states that “fake news” has become a major problem for many societies.

“As recent events elsewhere show, the spreading of false and misleading information can be highly destructive of the institutions of democracy.”

No news is good news?

Arguably, perhaps what may be even more important or significant, may not be so much the “fake news” or “real news” because they happen everyday, but rather the arguably obvious, significant and important perspectives of the news and issues that may never get reported in the news.

Allow me to try to use an example to illustrate this point.

NTUC Budget recommendations

I refer to the article “NTUC’s Budget recommendations out today” (Straits Times, Jan 17).

It states that “It will table suggestions to enhance job placement, boost productivity and protect workers in areas such as the gig economy.

Improve productivity?

More also has to be done at the sector and company level to boost productivity and move towards becoming a manpower-lean economy … “Only by improving productivity can we hope that workers get a fair share of the productivity gains”.

Last year – also improve productivity?

In this connection, the NTUC’s Budget recommendations for last year were “in the four areas of:

Strengthening the Singaporean Core

Improving Productivity

Enhancing Training and Skills Upgrading

Improving Retirement Adequacy”

So, its recommendations last year also included improving and how to improve productivity.

Previous year – also improve productivity?

NTUC’s 2015 Budget recommendations also talked about improving and how to productivity – “However, there are two areas that require tripartite partners to keep pressing, with one of them being labour productivity.

Labour Productivity Negative

For the period 2007~2014, labour productivity was negative for 5 of the 8 years”.

Prior to the previous year – also improve productivity?

NTUC’s 2014 Budget recommendations also talked about improving and how to improve productivity – “NTUC has been calling for a constant, inclusive push for productivity through approaches such as Cheaper Better Faster (CBF) and more recently, Progressive Wage Model (PWM). More support for innovation and creativity for employers will provide a boost for them to explore productive measures. Once this is achieved, it will provide a platform for unions to urge for productivity gains to be shared with workers”.

Singing the same song year after year – also improve productivity?

Actually, I understand that NTUC (as well as the government) has been talking about improving productivity and how to do it, for about a decade now – such as “Productivity And Wages Go Hand-In-Hand – With $30 million committed to impacting 33,000 workers across over 30 sectors as of March this year, the Inclusive Growth Programme (IGP) spearheaded by NTUC’s e2i (Employment and Employability Institute) is thriving in helping companies increase productivity since August 2010. Some 543 projects have been funded the last 18 months through the IGP and half of the 33,000 workers will enjoy a wage increase of at least 10 per cent”. (Labour Snapshots 2012)

So, despite talking about how to improve productivity, and how important it is to improve productivity practically every year – I understand that productivity has remained in the doldrums for about a decade.

If you work in the private sector, or for that matter in the public or private sector in any other country in the world – if you keep making the same recommendation and how to achieve it, but keep failing to make much progress – what do you think will happen to you?

When I told a group of friends about this – one of my friends said “annual wayang lah – not fake news hor” – and everybody burst out in laughter – hahahaha!

Leong Sze Hian

Dear Editors,

On the date of 11th Jan 2017, i went shopping with my son at Toa Payoh HDB Hub level 3 Kiddy Palace. Upon reaching there, my son wanted to visit the toilet to relieves himself and so we went to the male toilet at that level.

Whilst washing our hands at the wash basin area, my son suddenly cried out in pain!! I turned my head to look at my son whom was standing right on my left side, he was already in tears and his hands holding his right ankle, i looked downward and saw his right foot which is already struck in this ugly looking hole on the floor!!

Without much hesitation, i quickly squatted down and slowly pull out his right foot out of the hole. My heart ached so much when i saw the injury that was caused by this ordeal, my son ankle skin were torn and was covered inblood!!

Immediately, i carry him up and rinsed his injured ankle with clear water. Iturned and saw this hole which seem like the toilet's floor trap but without any cover!! As i was comforting my son outside the toilet, a lady staff from Kiddy Palace told me that many of their customers did feedback about the floor trap cover that has been missing for few days and despite calling the HDB's faciility hotline number 64901188, which can be found on the sticker pasted inside the toilet, nothing has been done!!

I don't understand why nobody from HDB building facility does anything to cover up that hole or install back the floor trap cover!! Their neglect in fulfilling their recovery job have caused pains and agonies to innocent people like my son!!

Henry Goh
A.S.S. Contributor

<Facebook post by Cijay Tew>

#ParadiseGroup - Please do not recycle your last year's product which is mouldy.

Even Rooster Year still continue to use Monkey year greeting card.

If elderly who couldn't see well, can get food poisoning from using your mouldy chopsticks.

<Facebook post by Lisa Li>

The Straits Times Facebook post* only mentions the dissenting judgment that got OUT-VOTED. The outcome of the case was the exact opposite - the judges decided that the Government is NOT a person who can sue for harassment under the Protection from Harassment Act. Can liddat one meh? Judging from comments, this has misled some people already.

*Just to clarify - the actual judgment is in the article, but I think most people would reasonably assume the Facebook excerpt would reflect - not contradict - the final decision. Confusing messaging.

Compare coverage on:
- Yahoo (https://sg.news.yahoo.com/appeal-court-rules-against-mindef…)
- TOC (http://www.theonlinecitizen.com/…/court-of-appeal-rules-th…/)
- The Straits Times (http://www.straitstimes.com/…/is-govt-a-person-court-rules-…)

<Facebook post by Kok King>

I received a call very early in the morning today at 5.30am. It was the pediatric surgical MO who called. She needed my help for ultrasound scan for an 11-month-old child who presented with abdominal pain and persistent vomiting after swallowed a crystal ball. She requested me to be there within 30 minutes. So I changed my clothes, not able to wash my face or brush my teeth, I just sped to the hospital. When the child was there, she's really cranky and weak. She kept vomiting despite a nasogastric was inserted. A round cystic-like structure was seen in the scan in the lower abdomen along with obstructed proximal small bowel. She was pushed to the OT for an operation. A foreign body measuring 5cm in diameter was removed from the small bowel. The child is currently stable.

The foreign body is an infamous soil substitute for indoor plants, called superabsorbent polymer or hydrogel/crystal ball. It is a small grainy particle that swells up when comes in contact with water and is fully expanded within 8 hours. These crystal balls come in many attractive colors, very appealing to the eyes. However they pose a great danger to your infants at home if ingested. The bowel may be obstructed by the hydrogel ball after ingestion due to the high water content in the gut.

I hope every parent is aware of these hydrogel balls and keep them away from infants. This terrible incident could be totally prevented.

#hydrogel
#crystalball
#waterbabies
#waterbalz
#intestinalobstruction
#parenting
#preventable

Dear A.S.S,

This Morning i went to bugis outlet subway plan to eat Spicy Italian sandwich .Then the staff told me they test run on selling non-pork sandwich . Very sad ..dont wish to become second Malaysia . u see the left of the photo "This restaurant serves non-pork product"...very sien

Maximum Lim
A.S.S Contributor

Dear A.S.S. Editor

I read a letter in the forum of the Straits Times today. The forum letter writer indicated that he was charged for an Uber ride, even though the Uber driver didn't show up.

The Uber driver had cancelled the ride while the forum writer was waiting for the driver. He had waited for some time but the driver did not show up, and when he checked the app, he realised the driver had cancelled. He tried calling Uber, but could not find any numbers to contact them. Some time later, he also realised that a $6 charge had been lodged to his credit card, for the non-existent ride. Uber practices auto-deduction for rides, so, if the drivers cancelled, the fee will still be auto-deducted.

This seems unfair. Why should a customer be penalised for driver canceling he Uber ride? It seems like the customers must be the one actively seeking refund. Shouldn't Uber do more about this? I think the time to regulate Uber for fair practices must come soon enough.

Nur Sasha

A.S.S. Contributor

<Facebook post by Shih-Tung>

Ok guys and gals, so all of you cheering the rediscovery of common sense in the judgement on the Protection from Harassment Act, remember that the case would never have come about if TOC had not published Dr Ting's side of the case.

Free speech still costs money, so put your money where your mouth is and support independent media in Singapore by contributing to the running costs of TOC.

Dear A.S.S. Editor

Read that 62 students from Oasis Primary School suffered from vomiting and diarrhoea in the first week back in school. Staff members, however, were not affected.

The numbers was so high that the school quickly took pre-emptive measures to disinfect the school on top of the regular cleaning, once they found out that many of their students had fallen sick. Police, MOH, NEA and PUB were also called in by the school to help investigate the cause of the students falling sick. Thus far, investigations indicated there were no hygiene lapses in the school. All the 62 students have recovered.

So, what was the cause of the sudden surge of students getting sick? And why only the students were affected? The authorities better get down to the bottom of the issue, and must inform the public.

Tan S.K.

A.S.S. Contributor

Dear A.S.S. Editor

Yet another case of a doctor doing illegal things. Dr Tan Gek Young was charged in court for selling more than 2,300 litres of cough syrup illegally to drug abusers. He was jailed two years and fined S$130,000.

What is wrong with these doctors? Selling drugs knowingly to drug abusers? Just for the profit? Where is your doctor's code of conduct? Supposed to help those in need, not make use of people with drug problems to make money.

Sometimes, it seems like greed is a more important consideration.

M. Said

A.S.S. Contributor

***PLEASE SHARE*** 23-year-old Singaporean national missing in the Brisbane city area. Got information? Call Crime Stoppers on 1800 333 000.

Details: Police are seeking public assistance to help locate a Singaporean national who may be in the Brisbane city area. 23-year-old Norsyafiq Norman was last seen at a hotel on Ann Street yesterday afternoon. Information received by police is that the man failed to arrive at the international airport for a departing flight last night and has not been in contact with his family. He is described as around 175cms tall and has a slim build and black hair. Police are asking anyone that may have seen Mr Norman or knows of his whereabouts to contact them.

Dear A.S.S. Editor

So, the government finally decided that they are going to build 4 new mega child care centres, for kids from 2 months old to 6 years old. The places announced where the mega child care centres are going to be built are at Sengkang, Punggol and Bukit Panjang, areas where there is a high concentration of young families.

While we applaud the move to finally have enough child care places for about 2,700 children, this certainly seems a move that was a long time coming. The mega child care centres should have been around the same time the new towns were planned, instead of waiting for too long before deciding to build one. Currently, residents in these new towns will confirm that getting their kids places at child care centres are difficult. Some may even end up being in the waiting list for as long as one year! The government certainly did not plan this right. New towns were built, BTOs were mushrooming everywhere, but the basic amenities such as a child care was lacking.

Now, they have to build out of necessity. Let's hope the days of being in the waiting list for one year for your child to be admitted to a child care are over.

Sheralyn Tan

A.S.S. Contributor

<Facebook post by Joan Peirera>

I wish to share about this instance of great community spirit and friendship. Last Sunday afternoon, Uncle Sim's motorised wheelchair stalled on the pathway opposite Bukit Merah View Hawker Centre. Thankfully, the stallholders at the hawker centre worked together to help to figure out the fault. It turned out that the battery was running low.

Another kind uncle on a motorised wheelchair lent us his charger, and the fruits stallholders offered their electrical outlet for Uncle Sim to charge up his wheelchair while waiting for the afternoon rain to subside.

Before long, the rain subsided and uncle's motorised wheelchair was all charged-up for his ride home! It was really heartwarming to see everyone in our community working together and looking out for one another. This is indeed an inspiring example of a caring community that we are building.

APPEAL FOR INFORMATION – MUHAMMAD FA'IIZ BIN MOHAMAD FAIRIZAL

The Police are appealing for information on the whereabouts of 11-year-old Muhammad Fa’iz Bin Mohamad Fairizal who was last seen along Choa Chu Kang Avenue 4 on 17 January 2017 at about 2.00 pm.

Muhammad Fa’iz was last seen wearing a light green shirt and a pair of dark green shorts.

Anyone with information is requested to call the Police Hotline at 1800-255-0000 or submit information online at www.police.gov.sg/iwitness. All information will be kept strictly confidential.

Dear A.S.S. Editor

Maybe it's because of the CNY period, where many people are buying things and putting it as delivery items. But NTUC definitely have poor delivery service.

The delivery service make me wait and wait. On the day they reschedule to turn up, they did not turn up again. My order supposed to be sent on the 17th January, anytime between 6pm to 10pm. I waited until 11pm, but still no sign of them. Not a single call or message from the deliveryman or customer service. What is happening NTUC? Why this very bad delivery service?

Already spent time waiting, but delivery never came, and no word on whether they will come and make me wait another day.

Lynn Goh

A.S.S. Contributor

According to Coconuts Bangkok, authorities in Thailand are hunting for a Czech man whom they believe is spreading HIV to people on purpose and has thus far infected 17 victims. He is believed to still be in Thailand and is actively spreading HIV to the Thai people.

The Czech national has a habit of having unprotected sex and knowingly spread HIV to his sexual partners. Interpol made the request for Thai authorities to arrest Zdenek Pfeifer, 49.

Pfeifer fled the Czech Republic and escaped to Thailand in 2014. As there is no record of him departing Thailand, he is still believed to be in the country. Police in 8 northern provinces have been instructed to track down his HIV spreader.

Dear ASS,

the SAF professes the following 8 core values: Loyalty to country; Leadership; Discipline; Professionalism; Ethics; Fighting spirit; Care for soldiers. "Safety" was only added to the list in 2013. Are these ethos really true or merely words inscribed by academic scholars (with no war experience)?

Let's take a quick look at the top 5 SNAFUs (screw-ups) that happened in the SAF, under the leadership of their overpaid paper-Colonels and paper-Generals.

1. RSAF "Above All"?

The SAF’s deadliest accident took place on 24 Jan 1987, when 6 lives were lost in a helicopter crash. SSG Goh Kim Loong, CPL Ramiya Mohan, Lieutenants Ng Soon Hup, Siow Poh Guan and Wee Tong Leong and CPT Lakbir Singh died after an Air Force UH-1H Huey crashed 14 nautical miles south-east of Brunei International Airport.

2. "Every Round Counts"?

On 9 Mar 1997, a 155mm artillery round exploded in the barrel of a FH2000 gun howitzer in Waiouru, New Zealand, during a live firing exercise conducted by the 23rd Battalion, Singapore Artillery. The incident resulted in the death of 2 full-time national servicemen, 3SG Ronnie Tan Han Chong and LCP Low Yin Tit. Another 12 servicemen, including a Staff Sergeant from the New Zealand Defence Force, were injured in the incident.

Leadership-then: BG Bey Soo Khiang (CDF, 95-00). Bey went on to be Executive VP of Singapore Airlines (00-11); Chairman of SIA Cargo (08-10).

3. Courageous or Negligence?

On 3 Jan 2003 (11:35pm), the RSN's RSS Courageous collided with ANL Indonesia (cargo ship) in the eastern Singapore Straits, resulting in the deaths of 4 crew members (CPL Goh Hui Ling, 1SG Seah Ai Leng, 1SG Heng Sock Ling, 2SG Chua Bee Lin) and caused extensive damage to the Navy patrol vessel. Lt Ng Keng Yong was guiding a trainee, fellow officer Lt Chua Chue Teng (2nd OOW), who was in control of the boat at the time of the collision.

Leadership-then: RDAM Lui Tuck Yew (Chief of Navy, 99-03), Lui went on to be MOS Education, Sr MOS Education & MICA, Minister of Transport. LG Lim Chuan Poh (CDF, 79-03), Lim went on to be Perm Sec (Education) and Chairman of A*STAR.

4. 2003 was a dunking 'bad' year?

On 21 Aug 2003, 19-year-old 2SG Hu Enhuai died during combat survival training on Pulau Tekong. 4 Officers (CPT Pandiaraj, Lt Ng Chin Fong, Lt Divanandhari Ambat Chandrasekharan) and 1 senior Specialist (WO S. Balakrishnan) who conducted the training did not follow the approved lesson plan, and instead of being doused with water, 2SG Hu had his head submerged in water four times (20s each). As a result 2SG Hu aspirated water, had breathing difficulties and collapsed. 26-year-old CPT Ho Wan Huo, another trainee on the same course was also dunked and suffered acute respiratory distress and nearly drowned. WO Balakrishnan, the course commander, could have stopped it, but he did not. Then Defence Minister Teo Chee Hean described the tragedy as 'a stain on the reputation of the SAF' and promised to get to the bottom of things.

Leadership-then: COL Noel Cheah (Chief Commando Officer) was removed from his job as investigations got underway. COL Cheah went on to be Chief Operating Officer of NUH (09 onwards). Ng Yat Chung (Chief of Army, 00-03), Ng went on to be CDF (03-07), Sr MD of Temasek (07-11) and CEO of NOL (11-16). On 7 Dec 2015, National shipping line, Neptune Orient Lines (NOL) was sold to French conglomerate CMA CGM SA for S$2.26 billion, a loss of approx. $1 billion.

5. 1 jeep, 2 unbelted passengers, 1 unlicensed driver

On 11 May 2012, 3SG Tan Mou Sheng was thrown out of a SAF jeep he was travelling in, after it overturned. He was pinned under it, and was extricated and underwent an emergency operation in hospital, but eventually died from his injuries. The conducting officer of the exercise, MSG Lee Kong Kean, had assigned 3SG Cavin Tan (unlicensed jeep driver) to drive without checking if he had a licence. 3SG Tan and another passenger were not wearing helmets or lap belts. The Combat Intelligence School was found to have a weak safety culture, with previous cases of unlicensed driving. Its vehicle-management system was also found to be unsatisfactory.

Share more SNAFUs by the SAF, and vote which you think is the number 1 screw-up?

Major Jiak Liao Bee
A.S.S. Contributor

#SAF #SNAFU #screwup #Army #Terrex #RSAF #AboveAll