Timing of by-election is for the PM to decide
By Andrea Ong, The Straits Times, 10 Mar 2012
PRIME Minister Lee Hsien Loong said yesterday he would call a by-election in Hougang, but had not decided on when it would be held.
Noting that the single-seat constituency is vacant after former MP Yaw Shin Leong was expelled by the Workers' Party (WP), PM Lee said: 'I intend to call a by-election in Hougang to fill this vacancy. However, I have not yet decided on the timing of the by-election.'
In deciding on the timing, he said he would take into account all relevant factors. These include Hougang residents' well-being, issues on the national agenda, and the international backdrop that 'affects our prosperity and security'.
His reply will go some way towards quelling speculation on the issue since Mr Yaw was sacked on Feb 14 for not coming clean on his alleged extramarital affairs.
PM Lee had said he would consider carefully whether and when to hold a by-election in Hougang. Yesterday, he remained firm that the timing is at his discretion and he is not legally obliged to call a by-election 'within any fixed timeframe'.
WP leaders Low Thia Khiang and Sylvia Lim (Aljunied GRC) rose thrice to ask for a clearer indication of the timing.
PM Lee said: 'I have said what I have intended to say and I shall announce when I have decided to call a by-election as soon as I have decided to do so.'
Another issue is a Hougang resident's High Court application to hold PM Lee accountable for calling a by-election within three months. It is not parliamentary convention to discuss matters being considered by the courts, but Speaker Michael Palmer said yesterday he allowed the question as it did not require an answer that ventured into legal issues raised by the suit.
Timing of by-election is for the PM to decide
Law reflects political philosophy and is still relevant, says PM
Law reflects political philosophy and is still relevant, says PM
By Andrea Ong, The Straits Times, 10 Mar 2012
WHEN Singapore achieved Independence in 1965, Parliament decided that the Constitution should not set a timeframe for by-elections but to leave their timing to the discretion of the Prime Minister.
The considerations then for doing so remain just as relevant today, said Prime Minister Lee Hsien Loong yesterday.
These stem from a political philosophy which emphasises stable government and the view that voters choose the political party to govern the country rather than an individual candidate as an MP, he said.
PM Lee outlined the constitutional reasons when he disclosed that he intended to call a by-election in Hougang but will decide on the timing after taking into account all relevant factors.
The Hougang seat is vacant after its former MP Yaw Shin Leong was expelled from the Workers' Party (WP) on Feb 14.
PM Lee reminded the House that Parliament had debated the by-election issue in August 2008, when two Nominated MPs moved a motion which proposed that the PM call by-elections within three months of a seat being vacated.
'I spoke in that debate, and stated the Government's position fully, after taking the advice of the Attorney-General,' said PM Lee. He had also consulted the present Attorney-General, he said, before answering yesterday's question from Mr Christopher de Souza (Holland-Bukit Timah GRC).
Summarising his response in the 2008 debate, PM Lee said that while the Constitution states that a seat shall be filled by election when it falls vacant, 'the Prime Minister is not obliged to call a by-election within any fixed timeframe'.
This was the result of a 1965 decision by Parliament to let the Prime Minister have the final say.
PM Lee recounted how then-Prime Minister Lee Kuan Yew had explained the decision when he moved a motion to change the Constitution.
He wanted to revoke a clause that set a three-month deadline for by-elections to be called. This was added when Singapore joined the Malaysian Federation in 1963.
Mr Lee Kuan Yew had said that when Singapore became independent, 'for reasons which we find valid and valuable as a result of our own experience of elections and of government in Singapore, we have decided that this limitation should no longer apply'.
Yesterday, PM Lee said the 1965 considerations remain relevant today.
'The Constitution therefore reflects a political philosophy that emphasises stable government, and the view that in elections voters are primarily choosing between political parties to be given the mandate to govern the country, rather than between individual candidates to become MPs,' he said.
The debate took place while a High Court suit on the by-election issue is still pending.
One Hougang resident had filed a High Court application last Friday to order a by-election in the constituency within three months. Part-time cleaner Vellama Marie Muthu, 42, also asked the court to declare that the PM 'does not have unfettered discretion' in deciding whether and when to announce a by-election.
A pre-trial conference has been set for next Tuesday.
Before inviting PM Lee to respond to the parliamentary question yesterday, Speaker Michael Palmer told the House he would disallow any statement or question that touched on legal issues raised by the suit.
Rising to his feet, WP leader Low Thia Khiang said he was 'pleased to note' that the PM had decided to call a by-election as this 'settles all the hypothetical speculation outside the House'.
But he also sought to press PM Lee to give a clearer indication of the by-election timing. The WP's stand is for a by-election to be called in a single-member constituency within three months.
In his response, PM Lee reiterated: 'I will do so as soon as I have finished considering all the factors.'
WP chairman Sylvia Lim then took to the rostrum, asking if the Prime Minister could specify 'what are the matters which would delay calling the Hougang by-election'.
To this, PM Lee said he had already answered Mr Low.
She also wanted to know if he does not agree that there is 'an under-representation of the Hougang voters in this House'.
He replied: 'I do not know that. If that is an issue, I would have thought it is something which the Workers' Party would have considered before deciding to expel Mr Yaw Shin Leong.'
The Constitution is clear on how by-elections are called and it has been debated in the House, he noted.
'So if we are in this situation today, it is because the Workers' Party has caused this situation to happen knowing the consequences.'
'Voters back parties, not individual MPs'
Prime Minister Lee Hsien Loong yesterday explained in Parliament why there is no time frame for when a by-election must be held.
'THE Hougang Single Member Constituency seat (SMC) is vacant after the Workers' Party expelled Mr Yaw Shin Leong, following several weeks of media reports on Mr Yaw's personal indiscretions.
'I intend to call a by-election in Hougang to fill this vacancy. However, I have not yet decided on the timing of the by-election.
'In deciding on the timing, I will take into account all relevant factors, including the well-being of Hougang residents, issues on the national agenda, as well as the international backdrop which affects our prosperity and security.
'As for the legal question of whether and when I must call a by-election, an application has been filed in court concerning this, so the matter is now sub judice, that is, under the consideration of the court. While MPs enjoy parliamentary immunity in this House, our parliamentary convention is that we do not talk about matters which are sub judice, for good reason.
'I can, however, remind Members of Parliament that Parliament debated this issue extensively in August 2008, when two Nominated MPs moved a motion proposing to require the prime minister to call a by-election within three months of a seat falling vacant, among other things. I spoke in that debate, and stated the Government's position fully, after taking the advice of the Attorney-General.
'And before answering today's question, I consulted the present Attorney-General again to confirm his advice before answering today's question. So let me summarise what I said in 2008 about the constitutional position.
'Article 49 of the Constitution states that when a seat falls vacant, it shall be filled by-election. In an SMC, a seat falls vacant when the MP vacates his office, for example when he is expelled from his political party, resigns his seat, or passes away. The timing of the by-election is at the discretion of the prime minister. The prime minister is not obliged to call a by-election within any fixed time frame.
'This absence of any stipulated time frame is the result of a deliberate decision by Parliament to confer on the prime minister the discretion to decide when to fill a parliamentary vacancy. Then Prime Minister Lee Kuan Yew explained this when he moved the constitutional amendment in December 1965, in other words immediately after Singapore became independent.
'And I quote from his speech then:
''(This amendment) revokes a clause which was introduced into the State Constitution of Singapore when it entered Malaysia.
'Members in this House will know that there was no such injunction of holding a by-election within three months in our previous Constitution. We resisted this particular condition being imposed upon the State Constitution at the time we entered Malaysia, but our representations were not accepted because Malaysia insisted on uniformity of our laws with the other States in the Federation and with the Federal Constitution itself.
'Since we are no longer a part of the Federal whole, for reasons which we find valid and valuable as a result of our own experience of elections and of government in Singapore, we have decided that this limitation should no longer apply.'
'The Constitution therefore reflects a political philosophy that emphasises stable government, and the view that in elections voters are primarily choosing between political parties to be given the mandate to govern the country, rather than between individual candidates to become MPs.
'We have kept the constitutional provision because the considerations for enacting it in 1965 remain relevant today.'
Will it happen - and when?
Following the expulsion of Hougang MP Yaw Shin Leong from the Workers' Party three weeks ago, arguments have swirled on whether a by-election is mandatory under Singapore law, and if so, when it should be called. Insight examines the issues.
By Chua Lee Hoong, The Straits Times, 9 Mar 2012
By Chua Lee Hoong, The Straits Times, 9 Mar 2012
MR YAW Shin Leong sat in his seat in Parliament House for the last time on Valentine's Day last month.
That night, the Workers' Party (WP) expelled him following his refusal to answer protracted allegations of extra-marital affairs. The erstwhile Hougang MP did not contest his expulsion, thus becoming one of the shortest-lived MPs in Singapore's electoral history.
The next day, Prime Minister Lee Hsien Loong issued a statement saying that the WP had let Hougang voters down. He also said he would consider carefully whether and when to call a by-election, as calling an election is 'a very serious matter', and Singapore had just had a general election less than a year ago.
'There are many other issues on the national agenda right now,' he added. The annual Budget statement was due to come out two days later, on Feb 17, which would be followed by a two-week parliamentary debate starting Feb 28.
Notwithstanding the PM's remark, a war of words started between legal experts soon after, on whether and when a by-election should be called.
On one side were law lecturers like Mr Eugene Tan from the Singapore Management University (SMU) and Professor Thio Li-Ann from the National University of Singapore (NUS).
On the other side was Mr Hri Kumar Nair, People's Action Party (PAP) MP for Bishan-Toa Payoh GRC and a lawyer with Drew & Napier.
The arguments from the former group largely echoed those first made by Prof Thio in Parliament in August 2008, when she was a Nominated MP and, together with fellow NMP Loo Choon Yong, moved a motion calling, among other things, for by-elections to be held within three months of a seat falling vacant.
That motion was prompted by the death of Dr Ong Chit Chung, a PAP MP in the five-member Jurong GRC, a month earlier.
The PAP Government said then that a by-election was not necessary as a neighbouring MP could take care of the ward.
The decision had precedents. When senior minister of state for education Tay Eng Soon died in August 1993, his seat in Eunos GRC was left vacant.
Likewise in 1999, when then-Jalan Besar GRC MP Choo Wee Khiang resigned just before he pleaded guilty to a cheating offence.
The legal arguments
IN VARIOUS media platforms in the last two weeks, Mr Tan and Prof Thio said that while the law is clear on there being no obligation for the Prime Minister to call a by-election within a certain time frame, this did not mean 'an unfettered discretion' to delay the calling of one indefinitely.
They quoted Article 49 (1) of the Constitution, which states that the vacancy 'shall be filled by election in the manner provided by or under any law relating to parliamentary elections for the time being in force'.
They read this clause in conjunction with Section 52 of the Interpretation Act, which states that when a law does not prescribe or allow any time within which something must be done, 'that thing shall be done with all convenient speed'.
To buttress his case, Mr Tan also said that by-elections had been called in the past even though a general election had taken place recently. By-elections in 1967, 1968, 1977, 1981 and 1992 were called between six and 16 months prior to or after a general election, he noted.
He further argued that a by-election in Hougang need not be a 'national distraction', as it would involve just 25,000 voters. Countering Mr Tan, Mr Nair said Hougang is a hot seat, and a by-election there would 'surely generate much heat and debate across the island'.
'There is a time for electioneering, and a time for work, and one should never mistake one for the other,' he said.
He also spelt out a position first articulated by PM Lee in August 2008 when the latter replied to Prof Thio during the parliamentary debate on her motion.
The reason the Singapore Constitution does not prescribe a time limit to call a by-election is that Singapore's parliamentary democracy is based on the principle that elections are fundamentally about voters choosing between different political parties to lead the country, rather than between individual candidates standing in a constituency.
The ballot paper contains not only the candidates' names, but also the symbols of the parties they represent, to remind voters that when they vote, they are voting not only for their representative in a constituency, but also for the party that will run the country.
This is unlike the British system, where the ballot paper shows only the candidate's name and not the party symbol. And unlike in Britain, a Singapore MP who resigns or is expelled from his party automatically loses his seat in Parliament. This system prevents an MP from holding a government to ransom by switching sides while retaining his seat.
PM Lee explained in 2008 that this system had been chosen deliberately when Singapore became independent. For the two years that Singapore was part of Malaysia, from 1963 to 1965, it had been forced by the federal government to adopt the Malaysian system of compulsory by-elections within three months. After it left Malaysia, it re-amended the Constitution to restore the status quo that had existed before 1963.
Responding to Mr Nair on Feb 28, Mr Tan argued that election candidates matter as much as the party. 'Otherwise, why would the PAP emphasise the calibre of its electoral candidates if the PAP name is good enough?' he asked. He also said the thrust of Mr Nair's arguments was that 'calling a by-election is an act of benevolence by the Government'.
'It is a sad day for our parliamentary democracy if the cardinal principle of representation is denied without justification,' he charged.
Workers' Party's position
THE WP voted together with PAP MPs to defeat the 2008 motion on by-elections, as noted by Mr Nair in a recent letter to the media.
Parliament records show that both party secretary-general Low Thia Khiang, who was then MP for Hougang, and chairman Sylvia Lim, who was then a non-constituency MP, voted 'No' when a division was called. They attempted, but failed, to propose an alternative motion.
As Ms Lim clarified in a recent reply to Mr Nair, the 2008 motion by Prof Thio and Dr Loo did not call merely for by-elections to be held within three months. It was also a call to refine the Group Representation Constituency system to provide for when a by-election should be called in a GRC.
It proposed that a by-election in a GRC be called upon the departure of either the minority MP or more than half of the MPs in the team. It also proposed that a by-election be called in the event of vacancy in a single-member constituency.
'When speaking then on the motion, I made it clear that WP was unable to support the motion for the simple reason that an attempt to refine the GRC system would be tantamount to accepting GRCs in our system, which WP does not,' said Ms Lim.
The WP proposed an amended motion, which called for the abolition of GRCs, while preserving that part of the original motion which provided a three-month time line for calling a by-election in a single-seat ward, she added.
She and Mr Low now maintain that a by-election in Hougang is required by law as Hougang is a single-member constituency, and should be called 'as soon as practicable'.
Beyond the legal arguments
ANECDOTAL evidence as well as public discourse online and offline suggest that public opinion holds that a by-election ought to be held. Three reasons are commonly cited.
One is that because Hougang is a single- seat ward, not part of a GRC, there are no neighbouring MPs from within a GRC team who can take care of it.
The counter to this argument is that Hougang is next to Aljunied GRC, which is also held by the WP, and MPs from that GRC are able to, and indeed have been, looking after Hougang.
The second reason is that Hougang is an opposition stronghold, having been in WP hands since 1991, and the PAP Government would face criticisms that it is stifling the opposition if it did not call a by-election there.
Thirdly, there are four more years to go before another general election is due.
A resident of Hougang, Madam Vellama Marie Muthu, has even filed an application with the High Court to hold the Prime Minister accountable for calling a by-election within three months or 'a reasonable time'.
The part-time cleaner filed the documents through Mr M. Ravi, a lawyer who has acted for the Singapore Democratic Party (SDP) several times.
The WP has stated that it is not connected in any way to the application. However, it seems to have started preparations for a by-election, recently distributing fliers of one Png Eng Huat around the estate.
Mr Png, 50, was a WP candidate for East Coast GRC in last year's general election, and is also the WP's deputy webmaster and a member of its executive council.
On its part, the ruling PAP has said it remains committed to Hougang. It has declined to say if current Hougang PAP branch chairman Desmond Choo, who lost to Mr Yaw with 35.2 per cent of the votes last year, will be fielded again. Mr Choo, 33, says he is ready to serve in Hougang, and has been holding weekly coffee sessions with residents which are his equivalent of Meet-the-People Sessions.
Many observers do not think the PAP will be able to break the WP's grip there, barring a many-cornered fight or other unforeseen events. However, some think support for the WP in Hougang may have been diminished by the Yaw Shin Leong saga. The question that is most debated is thus the margin of victory for the WP. Will it widen, or narrow?
Many observers do not think the PAP will be able to break the WP's grip there, barring a many-cornered fight or other unforeseen events. However, some think support for the WP in Hougang may have been diminished by the Yaw Shin Leong saga. The question that is most debated is thus the margin of victory for the WP. Will it widen, or narrow?
Some observers and party members think the PAP should seize the opportunity to field a strong candidate so as to erode the WP's margin.
A name that has been floated is Mr Ong Ye Kung, a former civil servant and one of those considered a potential office holder but who lost in Aljunied GRC last year. He is currently a deputy secretary-general in the labour movement as well as head of the SMRT's panel investigating last December's train disruptions. For Mr Ong, contesting in Hougang will prove he is a fighter.
As to when would be an appropriate time for a by-election, some believe it may be called as soon as possible so as to give the WP less time to work the ground. Some speculate it may even be during the March holidays, even though that would be a rush.
At the other extreme, however, are those who believe that the PAP may want to use the opportunity provided by such a by-election to test out revamped electoral machinery. There was much talk in the wake of the last general election that the party would relook its machinery and go for a major overhaul. Since this takes time, the by-election is unlikely to be called till, say, a year or two later.
Some observers also speculate about a replay of the 1992 by-election in Marine Parade GRC, when then-Prime Minister Goh Chok Tong put his own GRC on the line so as to bring in new candidate Teo Chee Hean.
In this scenario, MPs in the current Prime Minister's constituency, Ang Mo Kio GRC, may resign en masse so that the GRC can join Hougang in seeing a by-election.
Whichever theory is correct, what is known as of now is that Holland-Bukit Timah MP Chris de Souza has filed a question in Parliament today on the by-election issue.
The Prime Minister's answer will be keenly watched by all.
The 'awful price' of allowing crossovers
By Elgin Toh, The Straits Times, 9 Mar 2012
By Elgin Toh, The Straits Times, 9 Mar 2012
WHEN a Member of Parliament leaves his political party, either through resignation or expulsion, the Singapore Constitution states that he automatically vacates his parliamentary seat.
This law has been in effect since 1963, when then-Prime Minister Lee Kuan Yew changed the law. He did so to stop legislators from 'holding their party to ransom by changing sides'.
Before that, assemblymen, as MPs were then called, were allowed to switch parties freely while holding on to their seats.
The most famous example of a crossover took place in 1961, when 13 People's Action Party (PAP) assemblymen abstained on a motion of confidence vote. They were subsequently sacked from the party and formed the Barisan Sosialis. This caused the PAP's legislative majority to dwindle from 39-12 to just 26-25.
In 1962, assemblywoman Ho Puay Choo resigned from the PAP and later joined the Barisan Sosialis. The PAP briefly lost its majority.
In 1984, Mr Lee disclosed that British legal experts consulted by the Government after Independence had recommended a restoration of the law allowing for crossovers without the vacating of seats.
'I said, 'No, no, we stay put.' I have paid an awful price for it in 1961. I have not forgotten that lesson. And please do not forget that the price may yet be paid again,' he recalled.
Since 1963, the only MP who has come close to losing his seat on account of leaving his party is Mr Chiam See Tong.
In 1993, when Mr Chiam was Singapore Democratic Party chief, he was expelled by his party. But he successfully challenged the ousting in the courts, and therefore kept his Potong Pasir seat.
VACATED SINGLE SEATS
ANSON (1981)
Reason for vacating: MP C.V. Devan Nair (PAP) became President
Reason for vacating: MP C.V. Devan Nair (PAP) became President
By-election?: Yes
Result: Won by Mr J.B. Jeyaretnam (WP)
Seat vacant for: 18 days
HAVELOCK (1983)
Reason for vacating: MP Hon Sui Sen (PAP) died
By-election?: No. The Government said electoral boundaries were being redrawn and a general election would be held early. The seat was filled at the 1984 General Election.
Seat vacant for: 14 months
ANSON (1986)
Reason for vacating: MP J.B. Jeyaretnam (WP) was convicted of false declaration of party accounts
By-election?: No. The Government wanted to await the law to establish town councils. The seat was filled at the 1988 General Election.
Seat vacant for: 22 months
GEYLANG WEST (1986)
Reason for vacating: MP Teh Cheang Wan (PAP) died
By-election?: No. The Government wanted to await the law to establish town councils. The seat was filled at the 1988 General Election, when it became part of Jalan Besar GRC.
Seat vacant for: 21 months
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