10/09: Town Council Act (CAP 329A) states clearly that Govt must work with Town Councils (run by MPs) to implement LUP

Town Council Act (CAP 329A) states clearly that Govt must work with Town Councils (run by MPs) to implement LUP

 October 29th, 2009 |  Author: Your Correspondent

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 [link].

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 Councilconcerned, 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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