REPLY BY MR PRITAM SINGH
The timing of this motion by Deputy Prime Minister Heng Swee Keat is highly unusual for a legal system that places an exacting premium on the rule of law as a defining characteristic of the country. As intimated by Workers' Party chairman Sylvia Lim, insofar as the judgment referred to in the motion is concerned, the window for appeal remains open and the People's Action Party must explain truthfully what is its motive in hurriedly filing this motion before the case is concluded.
At the outset, the Workers' Party does not disagree with the first limb of the motion, which calls on the House to affirm the vital importance of MPs maintaining high standards of integrity and accountability.
On the second limb, the grounds of appeal can cover both issues of fact and law. However, I do wish to add that the judgment also raises the real prospect of the plaintiffs, namely Pasir-Ris Punggol Town Council or Aljunied-Hougang Town Council's (AHTC) independent panel filing an appeal against the judgment identified in the DPM's motion. This is because the plaintiffs did not succeed in many causes of action, some of which were either rejected or dismissed by the judge - one important example with significant repercussions for their case at the second trial on quantum, being the plaintiffs' attempts to reverse the burden of proof and to put the onus on the defendants to disprove loss.
I believe there is a real likelihood for the plaintiffs to vigorously challenge the findings of the judgment that are not in their favour at the Court of Appeal as the plaintiffs, too, are within the one-month window to file an appeal. That the judgment referred to in the motion is evidently a very live issue, is stating the obvious. To that end, there is no reason for Parliament to be prematurely hijacked as a substitute for the judicial process when the window for appeal on the judgment has not closed.
On the third and fourth limbs, natural justice dictates that any question of a recusal for Ms Lim and Mr Low Thia Khiang from their roles at the town council must surely be considered after the case is concluded. However, if Parliament passes the motion, the councillors of AHTC will discuss the matter and vote on it if that is the collective decision of the council. In any such decision, Mr Low and Ms Lim will excuse themselves from voting on the issue and will not participate in the discussion on the matter.
On my part, I have absolute trust and confidence in both Ms Lim and Mr Low's leadership and their continued participation on the town council. I speak for myself when I say I will not be voting for them to be recused from financial matters should it be determined so by council, even if this motion passes. Why?
Let me start with vice-chairman, Ms Lim, who also chairs the finance and investment committee of the town council. As chairman of the town council between 2011 and 2015, despite challenging circumstance and under tremendous pressure, Ms Lim led the town council to manage the estate without major disruption of service affecting the lives of the residents. Ms Lim, as vice-chairman, has also contributed much over the years to the positive transformation of the town council management today. For the information of the House, for the latest annual report, AHTC's auditors have submitted an unqualified audited report to the council, which has been forwarded to the Ministry of National Development for onward tabling to Parliament. That said, any decision to consider a recusal for Ms Lim and Mr Low is for the individual councillors to make, and AHTC will act in accordance with their decisions.
On Mr Low, he is a member of the estate and community liaison committee, or ECLC, and does not chair any finance-related committees. The ECLC does, however, approve expenditure for estate-related work. Mr Low's depth of town council experience and perspective as a longstanding opposition town councillor on estate matters is very useful for the ECLC. Once again, it is only appropriate for council to take a collective decision on any recusal if it decides to do so. And again, AHTC will act according to council's decisions.
To conclude, the two words that have defined this motion are hurried and premature.
