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Monday, June 22, 2009

Uniquely Singapore: Papmandering

Papmandering: 'The art/science of redrawing electoral boundaries, electoral laws and/or the constitution for the purpose of maintaining overwhelming control of Parliament through the mechanics of clearly articulated arguments in favour of an inclusive form of democracy'

We are familiar with the concept of gerrymandering. It is the process by which electoral boundaries are redrawn to produce a distinct advantage for a candidate. Gerrymandering is possible in a first-past-the-post system whereby voting districts that appear to strongly favour an incumbent can be made to swallow up adjacent voting districts that appear to support opposition candidates.

In most countries employing the first past the post system, the principle governing redistricting or redrawing of constituency boundaries is based on the idea of equal representation for voters. Absolute equality in representation is impossible to achieve. However, boundary commissions/committees attempt to find approximate equality in terms of the MP to voter ratio. Considering that the key reason for boundary changes is to take into account demographic changes either due to migration of voters between constituencies or due to voters reaching the age of majority for voting, one finds it unethical that boundary changes could be used to ensure that an incumbent obtains the right number of votes to secure an election victory.

The word gerrymander itself is a combination of Gerry and Salamander. Governor Elbridge Gerry of Massachusets (USA) redistricted his state in 1812 to benefit his party. In particular, a district in Essex County resembled a Salamander because of the artificial redrawing of boundaries. The editor of the Boston Gazette referred to it as ‘gerrymander’ and the name entered the English lexicon through repeated usage.

The beauty of gerrymandering is that nobody can really prove that the redistricting was a purely political exercise as opposed to the legitimate exercise of ensuring equality in voter representation. In Singapore, many observers view boundary changes cynically even though, to be fair, the voter to MP ratio has been kept reasonably proportionate. Based on current practice, district population deviation is kept to a limit of 30%.

Notable amongst electoral regions that fell prey to redistricting would be Eunos GRC. In the 1997 elections, Eunos GRC was eliminated from the map and its residents were split up into neighbouring districts. In the previous elections, Eunos was hotly contested and the PAP team beat the WP team by 45,833 votes to 41,673 votes. In the 1997 elections, it was Cheng San GRC that was hotly contested and although not quite near the close battle of Eunos GRC, the WP managed to obtain approximately 45% of the votes cast. Cheng San GRC did not feature in the 2001 elections.

I don’t propose a detailed study of boundary changes undertaken in Singapore. There are other studies on this phenomenon. What is fascinating about ‘goal post changing’ in Singapore is not gerrymandering. Obviously, it is a practice that is inevitable and at the same time impossible to prove in the first past the post systems around the world. The fascinating twist in Singapore is the use of the following devices:
a) NCMP
b) NMP
c) GRC

In my opinion, the PAP’s strategy in relation to the trend in the 1980s of increasing opposition support was to provide dissenting voices a platform in Parliament. The PAP rightly sized up the general mood of the public as one that did not seek a change in the status quo overnight. There were hardcore opposition supporters. There were the PAP loyalists. There were those who felt intimidated by the perceived lack of secrecy of the ballot and would therefore vote for the PAP. There were then the voters who occupied the middle ground. These voters have existed in the 1980s and I suspect that they continue to exist. This segment of the population can be persuaded to vote for the opposition. They see the merit of a continuation of the PAP government but have thirsted and still do thirst for a greater diversity of views and voices in Parliament. Psychologically, the ability to vent one’s frustration in the public sphere is a necessity in any society. It is a case of letting off steam.

I suspect that the PAP assessed that by providing a platform for opposition voices in Parliament without allowing these opposition members from becoming fully empowered members of the Parliament they would be able to release some of the pressure that was building up in the 1980s. The Non Constituency MP scheme was a device to permit losing opposition candidates an opportunity to speak in Parliament. By doing this, PAP could tell the people: Look. You wanted us to form the government and you wanted opposition voices in Parliament. We have changed our electoral laws to allow you to continue to vote PAP MPs into Parliament and at the same time have your wish of hearing opposition voices in Parliament.

In the same vein of airing diverse views and in order to prevent public disquiet, the PAP tinkered with Parliamentary composition by introducing the Nominated MP scheme. This time, non partisan individuals could be introduced into Parliament and they could raise the quality of the debate through their knowledge in their respective fields. The PAP would have seen that this would be a way of assuring the public that a multiplicity of views can and will be aired in Parliament. Besides, the PAP might have hoped that the NMPs would appear to be of a ‘better’ calibre than the opposition MPs thereby diminishing the need for people to vote for the opposition.

I see the current proposal of increasing the number of NCMPs to be the latest in this line of tinkering with Parliamentary composition. Given the noticeable social activism in Singapore over the last few years, the PAP must have realised that they risk the possibility of losing a few more seats to the opposition in the next elections. One pre-emptive strategy would be to assure the people that more opposition MPs will get to sit in Parliament through the NCMP scheme. Indirectly, they are telling the electorate again that you don’t have to vote in an opposition MP for your constituency. All you need to do is to continue to have your PAP MPs and as a bonus you will get an increased number of opposition MPs in Parliament. These guys can bark. But they can’t bite.

From a strategic standpoint, PAP would have calculated that the hardcore opposition supporters would continue to vote for the opposition. But the segment of the population that thirsts for a voice can be persuaded to vote for the PAP candidates as they would be assured that there will be a minimum number of opposition candidates who will end up in Parliament even though they lost.

Part of the process of Papmandering therefore involves tweaking Parliamentary composition through amendments to the electoral law as well as to the Constitution. The other part of the process is to magnify the distortion normally produced by the first past the post system. In the first past the post system, it is possible for a party to gain a disproportionately high percentage of seats in Parliament when compared to the popular vote. For instance, a party can get 65% of the popular vote and still manage 80% of the seats in Parliament. In the United Kingdom for instance, every post WWII government with a Parliamentary majority has failed to obtain more than 45% of the popular vote.

Given the lack of proportionality that is inherent in the system, layering the GRC over it helps to aggravate the disproportionality. With the introduction of the GRC system, it is possible that some MPs that may have lost their individual seats are rescued by stronger candidates in other constituencies. The practice of having a Minister head a GRC team places an apprehension in the minds of voters that if the team loses, the Minister would no longer be able to serve in his office. Weak candidates within the GRC would benefit from the presence of a Minister on their team.

Let us take the Eunos GRC example. In the 1988 elections, Eunos GRC was a 3 member ward. The votes in favour of PAP – 36,500. The votes in favour of WP – 35,221. If the 3 constituencies that were a part of the GRC were single member constituencies in that elections, it is highly likely that at least one of the PAP candidates would have lost his seat. It is likely that Francis Seow would have won a seat in his constituency. In fact, with a vote difference of 1,279 votes, I would not be surprised if 2 PAP MPs had in fact lost to the opposition in the Eunos GRC(if only the Elections Department were to release the detailed results).

The same analysis can be applied to the Eunos GRC of the 1991 elections. This time around it was composed of 4 constituencies. PAP obtained 45,833 votes as opposed to 41,673 for the WP. With a vote difference of 4,160, again it is likely that at least one of the PAP candidates would have lost the seat in a conventional single member seat.

Through the GRC system, the PAP has managed to keep some of its MPs in Parliament where they would otherwise have found it tough going in a single member constituency. The growth in the size and number of GRCs was accompanied by the disappearance of most of the single member constituencies. This is another unique form of electoral management that has ensured the PAP’s continued super-majority in Parliament.

To accomplish this feat, the PAP has utilised not only electoral boundary changes but also changes to the electoral law and the Constitution. At every step of the way, the PAP has utilised innovative arguments to substantiate the need for such changes (the need for guaranteed minority representation being one). Many of us are cynical in the way that we view the reasons. But, there are many amongst the electorate who are convinced by the stated reasons.

This process of electoral management is uniquely Singapore and uniquely PAP. It warrants being called Papmandering. Of course, the point to remember is that none of this is unlawful or illegal or unconstitutional.

Saturday, June 06, 2009

Tiananmen

Why don't you ask the kids at Tiananmen Square, was fashion the reason why they were there? - from the lyrics of System of a Down

Wednesday, June 03, 2009

Song of Tiananmen Square

The following is an extract from David Rice's fictional work entitled 'Song of Tiananmen Square' based on the Tiananmen protests 20 years ago. I thought the declaration of martial law was handled rather well in this extract:


On the dot of ten a helicopter thudded down along the ravine of Chang'an Avenue, well below the tops of the buildings. It banked in front of Tiananmen Gate and swung in over the Square. It was one of those french-made Gazelles -- I recognised its faired-in tail rotor. We shaded our eyes to watch it hover right above us.
A huge bulk appeared below the helicopter, falling directly on top of us. Song screamed and I thought I was going to die. The thing exploded and became thousands of fluttering leaflets.
They had put it in writing, the bastards, their fucking Declaration of Martial Law.

Tuesday, June 02, 2009

Dazi Bao: Posters from Tiananmen Square - 1989

The following is a poem entitled Small Questions. It was posted anonymously at Tiananmen Square. There was a note from the person who had written it: "From a dialogue between a 4-year old girl and her daughter"

Small Questions

Child: Mama Mama these young aunties and uncles,
why aren't they eating anything?
Mother: They wish to receive a beautiful gift.

Child: What gift?
Mother: Freedom.

Child: Who will give them this beautiful gift?
Mother: They themselves.

Child: Mama Mama in the Square,
why are there so many people?
Mother: It is a holiday.

Child: What holiday?
Mother: The holiday of lighting of the torch.

Child: Where is the torch?
Mother: Inside the hearts of us all.

Child: Mama Mama Who is riding in the ambulance?
Mother: A hero.

Child: Why is the hero lying down?
Mother: To best let the child behind him see.

Child: Am I that child?
Mother: Yes.

Child: To see what?
Mother: The flower with petals every color
of the rainbow.


Translated by Mike O'Connor.
This poem appears in the book, "The Politics of My Heart" by William Slaughter.

Tiananmen: Open Letter from some PLA Officers to the Central Military Commission

The following is an extract from a letter written by some Peoples Liberation Army Officers. The content of this letter was broadcast by the protestors at Tiananmen Square on 18 May 1989. This was reported in Zhongguo Tongxun She, Hong Kong.


1. We absolutely cannot suppress the students and the masses by armed force. We must teach the whole body of PLA officers and men to love the people and protect them; to carry forward the people’s army’s glorious tradition of identity of army and people; and to strictly follow Central Military Commission First Vice-Chairman Comrade Zhao Ziyang’s demand for reason, calm, restraint, and order in properly handling our relations with the masses. Under no circumstances may we act like family members drawing swords on each other, which would give joy to our enemies.

2. As quickly as possible, urge the government and the student representatives to hold a public and fair dialogue. The lives of the hunger-striking students in Tiananmen Square are in danger and we hope you will be able to persuade the government leadership to go among the students and accept their reasonable demands to attain genuine stability and unity.

Tiananmen: The Tragedy of the Crops that Stood Up

A classic problem for a soldier or a law enforcement official: When can you disobey a lawful order?
Is there a higher law or a natural law that we ought to abide by? If the war that one is charged to fight is an unjust war, must the soldier obey the lawful orders directed at him to participate in that war? If a soldier is ordered to kill innocent civilians, must he obey those orders? The Neuremburg trials and the Japanese war crimes trials reveal that as far as international law goes, it is not a defence for a soldier to claim that he was merely following orders.

20 years ago, soldiers and commanders from several Beijing divisions of the Peoples Liberation Army were faced with the dilemma of obeying orders to 'empty the square of demonstrators' towards which end they were given orders to use all means necessary. Given the reluctance of some Beijing divisions, the Chinese government had to bring in troops from other areas.

On this 20th Anniversary of the Tiananmen massacre, it is perhaps worth honouring those brave individuals who could still differentiate between right and wrong even though they were in uniform. The following is from an article this week in Epoch Times:

According to an article published in the March issue of Open Magazine, at a public speech in Yunnan province, General Liu Yazhou [1] said that 38th Army Commander Xu Qianxian had refused to follow orders to lead his troops into Beijing on the eve of the June Fourth Tianamen Square Massacre.

Liu said that General Xu was a real military talent and related some of his experiences with General Xu during a military exercise. “He was sitting in a relaxed attitude, or lying in a tent when he was commanding his troops in good order. That is, he is able to direct and determine the outcome of a battle which may be thousands of miles away.”

During the June Fourth Movement, the Commander of Beijing Military Area Command Zhou Yibing met General Xu personally and requested him to lead his troops into Beijing. General Xu asked Zhou whether he had orders from the Military Commission of the Central Committee. Zhou answered “Yes.”

Then Xu asked again whether Zhou had orders from Deng Xiaoping. Zhou again answered “Yes.” Xu asked whether Zhou had orders from Yang Shangkun, vice-chairman of the Central Military Commission. Zhou answered “Yes.” Then Xu asked whether Zhou had orders from Zhao Ziyang, first vice-chairman of the Central Military Commission. This time Zhou answered “No.”

General Xu then said I cannot follow the orders. (Note: Zhao Ziyang was ousted from power on the afternoon of the proclamation of martial law. General Xu knew well the answer to the question asked.) Zhou then hurled his accusation in Xu’s face, “Your wife is a judge. Your two sons are protesting in the Tiananmen Square! I know it.”

Liu said the 38th Army sympathized with the student demonstrators and so did the 28th Army because they were stationed in Beijing.

The 28th Army was marching into Tiananmen Square on the morning of June 4, 1989. Protesters and many citizens of Beijing constructed roadblocks to stop the military’s progress. On the way to Tiananmen Square, army commander He Yanran looked around and said, “Everywhere there is a green curtain of tall crops.” The implication of his remarks was that the PLA had become like the enemy of the people and the Chinese people were the real protectors of China. The phrase referred to the anti-Japanese war, when a lot of ordinary people were fighting against the Japanese army, hiding in the crops and coming out to fight. The political commissar replied to him, “One hundred thousand youths stand for one hundred thousand soldiers.” Meaning the students and young people were playing the role of soldiers in the army defending against invaders. The 28th Army did not move against the blockade of Chinese citizens.
Vice-chairman of the Central Military Commission, Liu Huaqing requested Air Force Commander Wang Hai to send a helicopter to shout propaganda to the 28th Army such as “Move forward! Move forward regardless of anything!” But the army commander had no ear for this order.

Monday, June 01, 2009

Secularism - recycling an old article for the page 73 girl

Given my disappearance from blogosphere during the period of the AWARE saga, I have yet to express any view on the issues raised by 'hostile takeover'. For now, I have decided to recycle an old piece that I wrote in 2006 about secularism.

The Works of James Madison

Secularism is a political value that needs to be continually reinforced. In a multi-cultural, multi-religious society such as Singapore, it is taken for granted. Secularism is so much a part of the substratum of politics here that one does not even consider the dangers of a non-secular theological state.

One cannot be overly complacent about unholy alliance between the church and the state. Such alliances have never been spiritually fruitful and have always been instrumental in facilitating some form of tyranny or other... I was just reading some of the works of James Madison and came across the following. Its from an address by him to the General Assembly of the Commonwealth of Virgia in 1785. Americans today are faced with the dangerous enchroachment of right wing religious groups into the political arena. This observation of James Madison from 221 years ago has not been proven wrong despite the passage of time.

"What influence in fact have ecclesiastical establishments had on Civil Society?

In some instances they have been seen to erect a spiritual tyranny on the ruins of the Civil authority; in many instances they have been seen upholding the thrones of political tyranny: in no instance have they been seen the guardians of the liberties of the people. Rulers who wished to subvert the public liberty, may have found an established Clergy convenient auxiliaries.

A just Government instituted to secure & perpetuate it needs them not. Such a Government will be best supported by protecting every Citizen in the enjoyment of his Religion with the same equal hand which protects his person and his property; by neither invading the equal rights of any Sect, nor suffering any Sect to invade those of another."

Tiananmen

The following video from Human Rights Watch is a timely reminder why this is a tragedy that cannot be forgotten.




http://www.hrw.org/en/video/2009/05/12/tiananmen-chinas-unhealed-wound

Thursday, May 28, 2009

A sizeable opposition now is an insurance policy for the future

An English friend of mine once remarked that there is a close link between the free market economy and the free marketplace of ideas. Just as the former is reliant on the unfettered exchange of goods and services and the natural forces of competition so is the latter reliant on competing viewpoints seeking attention and acceptance with the most rational or the most socially relevant (given the particular age and location) being pushed to the fore.

It is a case of survival of the fittest idea.

The quality of debate hasn't been stellar in Singapore (with the exception of signs of intelligence emerging via blogosphere). Insofar as Parliament is concerned, MPs haven't been accustomed to vigourous debate and I guess the sedate Parliamentary air can seep into the cells through some kind of osmosis and affect the logical faculties.

The Worker's Party leader Low Thia Khiang, made on Monday what I thought was a rather uncontroversial and straightforward observation about the need for greater opposition presence in Parliament to act as a check and balance on the PAP-led government. He was making the point that people would have no recourse if the ruling party were to abuse its power, trample on people's rights and become corrupt.

In response to Mr Low's assertion PAP MPs are reported to have raised some arguments. From Channelnewsasia:

"Indranee Rajah, Deputy Speaker and MP for Tanjong Pagar GRC, replied that the citizens of Singapore have the right to vote against the PAP, and said Mr Low's suggestion is unsound.

She said: "If that day ever comes, then the people are at liberty to vote out the PAP government and should do so in that situation.

"The premise of Mr Low's suggestion is flawed. He's really saying just in case PAP becomes corrupt in the future, then people had better vote for the opposition now.

"But if you apply the same logic, then the argument can also be made that if you vote in the opposition, then they may become corrupt in the future, so in order to avoid that, you might as well vote for PAP now." "


Ms Rajah's assertion (that when the PAP government does become corrupt in the future, the people of Singapore are at liberty to vote out the PAP) is rather surprising. Let us assume that we have the same power balance in Parliament in about 20 years time. Let us assume that there emerges clear evidence of corruption amongst a number of Cabinet Ministers of that future date. The people of Singapore decide to vote the PAP out of power. But, guess what. The opposition parties are weak and crippled by political impediments that currently exist and presumably would continue to exist at that later date. They are unable to field enough candidates and on nomination day the PAP gets a majority. Alternatively, the opposition parties manage to cobble together enough candidates and manage to deny PAP its majority and a coalition of opposition parties comes to power after the election. From a mere 2 MPs in Parliament, the coalition of opposition parties suddenly has let's say 50 MPs. These fresh Parliamentary faces would now have to figure out governance of the nation from scratch.

The problem with Ms Rajah's argument is that she expects to have a change in government the minute the PAP is corrupt. The presence of a sufficiently viable opposition in Parliament is so that if the existing government should become corrupt, the people have the choice of turning to an alternative that is waiting the wings and is ready and competent to govern. It is an insurance policy for the citizenry.

The reason why democratic elections present a better alternative to autocratic systems is because they allow citizens the opportunity to alter the persons exercising authority when the need arises through a stable process instead of causing a shock to the system. If a country had no elections to begin with, the only way that the citizens could alter the corrupt leadership is by popular revolution and other such drastic means. In a country that has an electoral process, the people are afforded the opportunity to replace their leaders peacefully and without placing undue stresses on the machinery of government. But, merely having the right to vote out the leaders is not going to ensure that there is no shock to the system. A key component of a viable and mature democracy is the presence of a competent and sizeable opposition in Parliament: an alternative that is waiting in the wings; one that can not only deliver peaceful change in leadership but can also govern from Day 1 (instead of coming in suddenly like a revolutionary government with popular backing but little experience and hence still constituting a shock to the system)

Ultimately, it is about having a system in place that will ensure peaceful and smooth transitions inspite of the individuals that pass through the halls of power. If citizens are to refrain from having any opposition in Parliament until something goes wrong with the PAP government, then it would be too late to attempt a complete overhaul. Such an attempt at overhaul would be equivalent to producing a revolutionary government with all the attendant potential problem that an inexperienced leadership could bring.

If in the next few elections, the opposition gets a foothold in Parliament, then in the long run they would be able to present that viable alternative to that hypothetically corrupt PAP 20 years down the road.

There is one other point to the presence of a visible and viable opposition. On the assumption that the ruling party becomes corrupt, who is to raise the issue in Parliament? Who is to exercise independant oversight? Of course, I can imagine that the retort would be that 1 opposition MP is sufficient for this purpose. Now that the PM has announced that there would be 9 opposition MPs (elected MPs and NCMPs), one could argue that these 9 could act as a check. The problem with this is that a small group of MPs would be ineffective in exposing corruption compared to a critical mass of opposition MPs.

Above all, a truly virulent Parliament that acts as the voice of the people is only possible through the diversity of views, ideas and arguments presented in public and debated vigourously. The weaker arguments will be exposed for the people to see and the more cogent ideas will come to the fore.

James Madison in the Federalist Papers once warned that when giving out political power we must bear in mind that 'enlightened statesmen will not always be at the helm'.

Thursday, May 21, 2009

A Good read from the foreword to Francis Seow's book

Only "objective" and "factual" political films please, we're Singaporeans: Lee's Betrayal of PAP and Singapore : Devan Nair

The Marxist Conspiracy of 1987 - revisiting a legal footnote


Five young activists have organized a gathering at Hong Lim Park to commemorate 21st May 1987. I’m glad to see that there are still many who recall the alleged ‘Marxist Conspiracy' of that era. I was 19 at that time and watched incredulously as a parade of tales emanated from the available media outlets.

There are so many things that we could recollect in relation to those days. Where were we? How did the news unfold? The general skepticism amongst many of us. I’d like to use this occasion to commemorate the day that our judiciary stood tall in the context of the rather limited legal role that it has in the review of executive action.

Chng Suan Tse v Minister for Home Affairs (1998) SLR 132
The case involved Operation Spectrum and the primary issue was over the court’s ability to review the Executive’s decision to detain under the Internal Security Act. It proved to be a landmark decision as the Court of Appeal chose to apply an objective test in assessing the discretion of the Executive instead of applying a purely subjective test as the courts had done in the past. Prior to this case, the position of the courts was to adopt a subjective approach as in the case of Lee Mau Seng v Minister for Home Affairs [1971] 2 MLJ 137.

What was the implication of the Chng Suan Tse decision? The Internal Security Act demands that the as a precondition to detention, the President be ‘satisfied’ as to certain matters. If the test was purely subjective as it was in Lee Mau Seng, there was little that a detainee could do to question the exercise of discretion. If the test was objective as propounded by the Court of Appeal in Chng Suan Tse, then it was possible for the court to assess at least whether objectively the President was ‘satisfied’.

The then Chief Justice, Wee Chong Jin stated in the judgment:
“In our view, the notion of a subjective or unfettered discretion is contrary to the rule of law. All power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power. If therefore the executive in exercising its discretion under an Act of Parliament has exceeded the four corners within which Parliament has decided it can exercise its discretion, such an exercise of discretion would be ultra vires the Act and a court of law must be able to hold it to be so.”

“It must be clear therefore that the boundaries of the decisionmaker’s jurisdiction as conferred by an Act of Parliament is a question solely for the courts to decide. There is also, as counsel for the appellant has pointed out, no ouster clause in respect of s 8 or 10 of the ISA. Adopting the objective test in respect of ss 8 and 10 of the ISA would also be consistent with arts 9(2) and 93 of the Constitution. Further, it is, in our view, no answer to refer to accountability to Parliament as an alternative safeguard. As Lord Diplock put it in R v IRC, ex p National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617 at p 644:
It is not, in my view, a sufficient answer to say that judicial review of the actions of officers or departments of central government is unnecessary because they are accountable to Parliament for the way in which they carry out their functions. They are accountable to Parliament for what they do so far as regards efficiency and policy, and of that Parliament is the only judge; they are responsible to a court of justice for the lawfulness of what they do, and of that the court is the only judge



The Court went on to rule that:

"the President’s satisfaction under s 8 of the ISA and the minister’s satisfaction under s 10 of the ISA are both reviewable by a court of law as:
(1) the subjective test adopted in Karam Singh [1969] 2 MLJ 129 and its progeny can no longer be supported and the objective test is applicable upon a judicial review of the exercise of these discretions; and
(2) although a court will not question the executive’s decision as to what national security requires, the court can examine whether the executive’s decision was in fact based on national security considerations; similarly, although the court will not question whether detention was necessary for the purpose specified in s 8(1), the courts can examine whether the matters relied on by the executive fall within the scope of those specified purposes"



Of course, the story did not end there. Parliament duly amended the Internal Security Act in 1989 to nullify the effect of this case in relation to detentions under the ISA. By virtue of s.8B, the law on judicial review with regard to the ISA detentions was brought back to the position in 1971 and by virtue of s.8D the legislative change was to have effect in relation to any proceedings whether commenced before or after the amendment.

Law applicable to judicial review.
8B. —(1) Subject to the provisions of subsection (2), the law governing the judicial review of any decision made or act done in pursuance of any power conferred upon the President or the Minister by the provisions of this Act shall be the same as was applicable and declared in Singapore on the 13th day of July 1971; and no part of the law before, on or after that date of any other country in the Commonwealth relating to judicial review shall apply.
(2) There shall be no judicial review in any court of any act done or decision made by the President or the Minister under the provisions of this Act save in regard to any question relating to compliance with any procedural requirement of this Act governing such act or decision.
- Act 2/89 wef 30.1.89.

Commencement provision.8D. Sections 8A and 8B shall apply to any proceedings instituted by way of judicial review of any decision made or act done under the provisions of this Act, whether such proceedings have been instituted before or after the commencement of the Internal Security (Amendment) Act 1989.
- Act 2/89wef30.1.89.

Monday, May 18, 2009

Israelis Look to Obama for peace

It is often the case that one perceives a monolithic Israeli perspective as presented by AIPAC and other pro-Israel lobby groups in the United States. What is particularly ironic is that the press in Israel itself represents a broad spectrum of views and perspectives that one does not usually get to see through the filter of the global mainstream media.

I found the following article rather interesting for its analysis of the liberal perspective of the Israeli press.

Israelis Look For Hope In Washington
Mark Leon Goldberg - May 18, 2009 - 11:25am


Diplomacy
As it happens, I am in Israel this week. And in Israel, all eyes are on Washington, D.C. as Prime Minister Benjamin Netanyahu visits the Obama White House for the first time. The meeting, however, has the potential to be somewhat awkward the Israeli Prime Minister has yet to endorse the "two state" solution.

Scanning the Israeli press today it is stricking to see the degree to which Israelis are depending on Obama to press Netanyahu to once and for all endorse a two-state solution. For a good chunk of the Israeli body politic, all hope lies with Obama. Ha'aretz has a three-fer of editorials today which all reinforce this same point.

The lead editorial in Ha'Aretz advises Bibi to "say 'yes' to Obama:"

Now Netanyahu must show he can set aside his ideological opposition to dividing the country and support for expanding settlements and, for the good of the state, strengthen relations with the United States and advance the peace process with the Palestinians and the Arab states.

The Israeli public expects him to adjust his political stances to international reality.

Gideon Levy calls for a "political U-turn by the prime minister," and see's the American president as Israel's "final hope."

Obama is the final hope: Only if he throws his entire weight into the process will anything in the Middle East start moving. Any American president could have long ago brought about substantial progress, first and foremost ending the intolerable Israeli occupation. But Obama's predecessors shrank from the task, preferring to yield to the Jewish and Christian lobbies and to engage in masquerades of negotiations leading nowhere.

And Zvi Bar'el says an endorsement of a two state solution


As Prime Minister Benjamin Netanyahu lands in Washington Sunday, he brings a valuable gift for U.S. President Barack Obama: new U.S. legitimacy in the Middle East. If Netanyahu says the right password at the White House gates - "two states for two peoples" - Obama will have his first Israeli political achievement. Then there will be no escaping attributing this ideological compromise to American pressure on Israel.


Bottom line: A nation turns its lonely eyes to you, President Obama

Wednesday, March 25, 2009

Dendrobium Thein Sein (as amended by the Public Order Act)

tall and proud;
an assembly of one and more
on a stalk.

Dendrobium Thein Sein

Tall and proud;
A gathering of more than five
On a stalk.

Monday, December 15, 2008

Wednesday, November 05, 2008

Tuesday, November 04, 2008

Restoration of America

I posted the following on the Soulcast blog on 18 August 2006 and it was titled: "Why I admire America". Today with the historic election of Barack Obama as President, I feel compelled to repost it here:

I am not an American. I am probably one of millions of people around this planet seething with anger about American foreign policy and what it has done and what it is doing to the rest of the world. I express negative views about the Bush administration's policies. I oppose the so-called "war on terror" used as a cover for domination of oil resources in the middle east. etc. etc. etc.

An American listening to me might easily assume that I have a lot of disdain for the USA and Americans. But, I'll let you in on a secret.

I love all the great and glorious ideals of freedom and liberty that America stands for... those ideals that are enshrined in its constitution. As someone living in a country where freedom of speech, freedom expression and freedom of assembly have been practically wiped off the public domain (driving most of us into the last frontier of the internet), I have always admired Americans and their ideals. And I guess, that is why it has pained me to witness the gradual erosion of those rights and ideals in the USA since 9/11. If the PATRITOT ACT, guantanamo, domestic surveillance under inherent executive powers and such other assortment of legal and extra-legal measures are utilised to destroy rights in the very place that I looked up to as the beacon of liberty, then what can we say about the future for the rest of us living in repressive societies of varying degrees.

Like the rats migrating to America believing that there are no cats in America (a la American Tail), those of us in other parts of the world have lived under the impression that America is truly a land of the free. The post-9/11 USA looks terrifyingly like an Orwellian nightmare.

But, amidst all of the gloom of the last few years, here is again another reason why I love America......

A Federal Judge has ruled that the NSA wiretapping authorised by the President under supposedly inherent powers is illegal. This is what she said:
“We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no power not created by the Constitution. So all ‘inherent power’ must derive from that Constitution.” “The Government appears to argue here that …. because the President is designated Commander in Chief of the Army and Navy, he has been granted the inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the Constitution, itself.”

Ultimately, even when the Executive appears to assume excessive powers, there is enough sanity and independance within the Judiciary to ensure that the Constitution and the rule of law are not usurped.

Thank God for the sane voices. Long live liberty.


That was posted two years ago as I saw a glimmer of hope in the Supreme Court repudiation of the Bush enchroachment on civil liberties. Today, I hope that the Obama Presidency would usher in a return to America's core constitutional values and by doing so restore that great nation to its rightful status as the beacon of liberty.

The 44th President of the United States of America

The scenes are euphoric. The moment is historic. A man of partial African origin has become the President-elect of the most powerful nation on this planet. At this point I think the following words of Martin Luther King are apt:

From every mountainside, let freedom ring.

And when this happens, when we allow freedom to ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual:

Free at last! Free at last!

Thank God Almighty, we are free at last!³

Monday, August 25, 2008

Ultraman can protest at Hong Lim: Superheroes have saved the Singapore Constitution



Approximately a year ago the following article appeared on Reuters:

Singapore anime figurine protesters meet real police
SINGAPORE, Sept 7 (Reuters) - A protest action by a group of Singaporeans with Japanese anime figurines such as the 5-inch tall Ultramen, robots and monsters with placards met some real-life police in the city-state.
A handful of fans of Japanese anime had turned up at a Singapore public park on August 25 with armfuls of the toys to protest against a clampdown on Internet downloading of anime material by Singapore animation distributor Odex.
The incident was not reported in the local press, but pictures and accounts have started circulating on many blogs and political Web sites. (http://textfiend.net/zerohero/?p=454).
"The police didn't stop us from what we wanted to do. But their being there was enough to intimidate," the event's organiser -- who only wanted to be known by his online moniker Zer0 -- told Reuters by telephone.
He added that police -- who had four anti-riot vans at the scene -- also took down the anime fans' particulars and that they were filmed by plainclothes policemen. A police spokeswoman said she could not immediately comment.
Public protests are rare in Singapore, where outdoor demonstrations are banned and any public gathering of more than four people requires a permit.


What a long way we have come. At the National Day Rally last week, the PM announced that Singaporeans can now protest peacefully at Speakers’ Corner without a permit. It seems that this can be done from 1st September onwards. Civil Disobedience has worked! Singaporeans may have remained a little fearful of entering into the political fray. But, Ultraman and gang are superheroes with supercourageous hearts and not to mention deadly powers, skills, etc. They have done an excellent job in getting the authorities to relent a little. None of the superheroes were arrested or charged. Now, a year later, it is perfectly legal for all Singaporeans to gather and protest at Hong Lim.

So, it is with great pleasure that I commemorate the anniversary of the Anime protest today. :-)

A note to Ultraman: You still cannot protest at the Youth Park.

Sunday, August 17, 2008

errrrrr..p - Who wrote the rally speech?

National Day Rally speeches are not intended to be funny. I am sure, however, that any good speaker would throw in a joke or two in the speech just to hold on to the attention of the audience. So, how is this for a joke:

'When ERP was increased, we also reduced road tax and improved public transport. As a result, many more Singaporeans can now own cars. With more cars on the road, we need to increase ERP to keep traffic flowing.' - PM Lee Hsien Loong, National Day Rally 2008

ERP was intended to reduce traffic.
COE system was also intended to reduce traffic.

According to the Straits Times report today (18 Aug 2008): 'He said that since 2000, the Government has been making it easier for many more Singaporeans to own cars. Vehicle-related taxes have been progressively reduced and more Certificates of Entitlement (COEs), which one must have before purchasing a car, have been released.'

This has made vehicle ownership easier and put more cars on the road.
This has increased traffic.

Solution: Increase the ERP.

And then, when it starts doing its job, implement more policies to put more cars on the road. When when traffic gets worse, increase ERP.

A never-ending spiral of ever-escalating costs. A money tree that really grows. Wow! That's brilliant.

To be fair, I merely read the quote in the Straits Times article online. Something could have been lost in the translation. Perhaps there is some nuance to the words that may be better apprehended if one watches the speech. Perhaps it was a candid admission of a flaw in the policy of making car-ownership easier since 2000 and that something would be done to fix it once and for all and that it would not be turned into a cash-squeezing spiral.