Thursday 9 April 2020

COVID-19 (Temporary Measures) Act: Singapore bans social gatherings of any size in both private and public spaces from 8 April 2020

COVID (Temporary Measures) Act passed by Parliament, comes into force on 8 April 2020

Private social gatherings of any size, in homes or public spaces, not allowed under new law

Law gives Health Minister power to prohibit events or impose conditions on how they are held




New Act offers relief for individuals and businesses unable to meet contractual obligations because of the coronavirus pandemic
By Lim Min Zhang, The Straits Times, 8 Apr 2020

Social gatherings of any size, in homes or public spaces, are not allowed under a new law on the coronavirus pandemic that was rushed through Parliament on 7 April.

The ban includes having private parties or gatherings with families or friends not living together, at home or in public spaces like parks and Housing Board void decks, said Health Minister Gan Kim Yong.

The COVID-19 (Temporary Measures) Act gives the Health Minister the power to prohibit events and gatherings, or impose conditions on how they are conducted.



Said Mr Gan: "This enables us to better regulate events and gatherings, including those that take place on private properties."

Last night, the Ministry of Health clarified that it will disallow social gatherings, such as private parties and social get-togethers with friends and relatives.

"Individuals can still visit family members for assistance with their daily needs, such as caring for elderly parents or for informal childcare arrangements," it added.

The authorities had previously advised against holding and participating in social gatherings with more than 10 people.



Last Friday, tighter measures were introduced. The authorities said social contact should be confined to immediate family members living in the same household and there should be no social gatherings.

The restrictions started yesterday and will last for four weeks till May 4.

Mr Gan, who co-chairs the multi-ministry COVID-19 task force, told the House that the Bill provides the legal basis to enforce enhanced safe distancing measures and these are temporary measures specific to the outbreak that Singapore is facing.

Under the Bill, the Health Minister has the power to close premises, such as workplaces, schools, recreational facilities and places of worship, to minimise interactions and reduce the spread of the coronavirus.

It allows the minister to set requirements for premises in key economic sectors or essential services that can continue operating, like letting food establishments open only for takeaway or delivery orders.

The minister can also restrict the movement and interactions of individuals at their place of residence or other places, as well as their use of common areas like void decks, and shared facilities in HDB estates and private condominiums.



Mr Gan noted that while most Singaporeans are responsible and will comply with safe distancing measures, a few will blatantly disregard rules. For instance, they may loiter and mingle in groups in public areas or refuse to practise safe distancing at food outlets and supermarkets.

"We will not hesitate to take action against such persons and send a strong signal to prevent such behaviour from negating our collective efforts during this crucial circuit breaker to slow down the infection."



The Act empowers the minister or any authorised public officer to appoint enforcement officers to take action against individuals, business owners or entities which flout the rules. While a strong signal needs to be sent to those who flout the measures egregiously, enforcement officers will look at whether there are reasonable explanations for non-compliance, Mr Gan said.

Penalties are aligned with those under the Infectious Diseases Act. First-time offenders can be fined up to $10,000, jailed for up to six months or given both punishments. For second or subsequent offences, the penalty is a fine of up to $20,000 or jail of up to 12 months, or both.



Mr Gan stressed that under the law, the Health Minister may issue control orders only when satisfied that the COVID-19 spread constitutes a serious threat to public health, and that their provisions are necessary or expedient to prevent or contain it.

Other safeguards include the way the minister must publish the control order so that those affected are aware of it, in addition to publishing it in the Gazette.

Mr Gan noted that the latest circuit-breaker measures offer an important opportunity to slow the COVID-19 infection significantly.

"The key message is simply this: 'Stay home. Go out only for essential activities. Avoid close contact with people. If you can't avoid close contact, wear a mask to protect others and to protect yourself.'

"Everyone must play (his or her) part for the circuit breaker to be effective," he stressed.














 




 








 




 













COVID-19 (Temporary Measures) Act 2020New law offers relief over affected events and payments
Act gives parties in a contract some room to work out a mutually acceptable compromise
By Charmaine Ng, The Sunday Times, 12 Apr 2020

Mr Tan and his fiancee were to tie the knot at a hotel on April 5, but 10 days before the wedding, the Government announced stepped-up measures on mass gatherings to stem the spread of the coronavirus, forcing them to postpone the event.

Some tour bus drivers, affected by travel restrictions and unable to keep up with monthly loan repayments, fear that their vehicles may be repossessed soon.

A new law passed urgently by Parliament last Tuesday will provide them, and other parties in affected sectors who find themselves unable to meet their contractual obligations because of COVID-19, with some relief, leaving them with cash in hand meanwhile and protecting livelihoods at a time when many sectors of the economy are bleeding.

The COVID-19 (Temporary Measures) Act provides for a deferment of contractual obligations, suspension of rental payments for up to six months, and prevents deposits paid from being forfeited, giving parties breathing space to work out a mutually acceptable compromise, the Ministry of Law (MinLaw) told The Sunday Times.

By disallowing court and insolvency proceedings for at least the next six months, the law also seeks to "avoid unnecessary legal proceedings to resolve a situation no one anticipated", a MinLaw spokesman said on Friday.

Elaborating on the law, the spokesman said it aims to stem the economic bleeding caused by the coronavirus, preserve the value of various sectors, and give them breathing space to make needed adjustments.

The law covers contracts in sectors with a value exceeding around $120 billion last year. This figure excludes event-and tourism-related contracts, for which an estimate of value is not available.

"All of these sectors have been hit hard by COVID-19 since its impacts cascaded through our economy from February. Without decisive intervention, many otherwise viable businesses will fail," said the spokesman. "Jobs will be lost, livelihoods destroyed."


WHAT'S COVERED

A range of contracts are covered by the Act, as long as they were entered into before March 25 - when tougher measures to limit the size of activities in Singapore were announced - and involve obligations that have to be performed on or after Feb 1, when the outbreak significantly impacted Singapore.

The Act covers contracts for events such as weddings or conferences, as well as in tourism, such as cruise and hotel bookings.

It covers contracts for rentals in the industrial and commercial sectors - including where the Government or agencies like JTC are the landlord - worth $21 billion in 2019.

It also defers obligations for construction and supply contracts, which totalled $33 billion last year, Law Minister K. Shanmugam told Parliament last Tuesday.

Also covered are certain secured loan facilities granted by a bank or a finance company to small and medium-sized enterprises (SMEs), which account for about 70 per cent of employment in Singapore. The total value of loans outstanding to SMEs in this category is estimated to be about $76 billion.

Certain hire-purchase agreements, such as private-hire drivers on hire-purchase loans, are also covered. The outstanding value of such vehicle agreements at the end of last year is estimated to be about $2 billion.

MinLaw said: "The Act works together with the three Budgets and MAS' measures that maintain liquidity" in Singapore's economy.

It is also aimed at distributing the economic pain caused by this crisis to those better placed to shoulder it, said Mr Shanmugam.

"In such a situation, you don't talk contract. You talk equity, you talk justice, you talk about what is the right thing to do," he said.

"The State looks at who can bear the pain more, and it's also sharing of the pain. If you insist on your minutest, every single contractual right at this point, that will suck the life out of the economy. You've got to protect everyone."



But while the Act pauses contractual obligations and legal proceedings, MinLaw stressed that it does not waive the contractual rights of parties. Instead, contractual obligations will just be suspended and will still have to be fulfilled once the relief period is over.

Individuals or businesses unable to meet their contractual obligations because of the coronavirus situation and who want to claim relief must give a notice of relief to the other party.

Once the notice has been sent, the other party will not be able to take certain actions, such as making an application for winding up or bankruptcy, or repossessing property used for business, such as a factory or machinery.

If prohibited actions are taken against individuals or businesses despite a notice of relief, it will be an offence punishable with a fine.

Parties that cannot agree can seek help from MinLaw, which will appoint a panel of assessors - professionals from the legal, accountancy, financial and other industry sectors - to decide on what would be a just and equitable outcome for both parties.

WEDDINGS, STAYCATIONS

For consumers, the Act applies to anyone who made event-or tourism-related bookings, such as a cruise or hotel accommodation, during the covered period. A couple who booked a wedding that could not proceed due to COVID-19 could, for example, be allowed to postpone it to next year.

The process will be fast and simple and application to the panel of assessors will be free, said MinLaw. More details will be announced soon, it added.

"Both sides will be given the opportunity to put their facts before the assessor (and) must do this in a timely manner. The assessment should not be dragged out," said the spokesman. What is "just and equitable" will depend on the circumstances of each case, and it is inevitable that the final decision by the assessor - which cannot be appealed against - may not please everyone, the spokesman added.

"If we don't have this law, the couple will lose their deposit. This law helps them, and, if they want to cancel, assessors will have to see if that is fair," said the spokesman. "They have to be fair to the hotels too. In the current business environment, we would struggle to find any winners."



PROTECTING WEAKER PARTY, ENSURING FAIRNESS

While the Act was drafted on the principles of equity and fairness in a time where everyone - from consumers and tenants to landlords and banks - is hurting, smaller parties more so, some quarters have voiced their concerns.

The Reit Association of Singapore (Reitas), for example, said in a statement last week that the law will place "significant strain" on landlords' finances.

Mr Shanmugam told Parliament last week that the Government is not anti-landlord, but is trying to protect as much of the business ecosystem as possible.

"Landlords have benefited tremendously from growth - the Government's rational policies, good governance, low taxes in Singapore. Fairness and justice require that they share some of this pain, rather than leaving it to the smallest and weakest to bear it all," he said.

He noted that Reits lament they cannot evict tenants, and this will affect their returns, and that there will be other tenants keen to come in.



Most landlords and Reits the ministry had spoken to also accepted the need for the law.

"When the whole house, meaning the whole economy, is under threat, we should try not to focus too much on our own individual rooms. We all need to pitch in, to save the economy as a whole," said the minister.

"Everyone has to take a collective approach. Is it really going to be possible for you to get the previous rates of return for the next six months? Is it possible to have business as usual in the next few months? Not possible," he added.

"If it is truly the case that the landlord can find other tenants and the current tenant is taking advantage of the situation, let us know. That will be part of the assessment."



While the Act seeks to help the weaker party in a contract, the assessors' goal is to help both sides reach a fair deal.

"Assessors will have to decide after listening to both sides," said the spokesman. "The law gives them broad discretion to do justice."

Given the current business environment, it would be impossible to please everyone, he added.

"What we would like to do is to protect as much of the business ecosystem as possible, from consumers and tenants to landlords and banks, by helping them reach a fair deal on their contractual obligations which cannot be performed due to the pandemic," the spokesman said.

"Remember that everyone has been affected, and be fair to each other. Singapore and the economy will come out of this in a better shape if they accept that the pain has to be shared."



 




 









* More stringent measures imposed as new coronavirus cases reach high of 287 on 9 April 2020
Foreign workers make up 202 cases; wider spread in community also cause for concern
By Linette Lai, Political Correspondent and Yuen Sin, The Straits Times, 10 Apr 2020

Singapore saw its sharpest single-day spike of 287 new coronavirus cases yesterday, 9 April, bringing the total number of cases here to 1,910 as the global number of people infected crossed the 1.5 million mark.

Foreign workers in dormitories accounted for 202 of these new cases, but just as much of a concern was the spread of the virus in the wider community.



Health Minister Gan Kim Yong said yesterday that social gatherings are still taking place, with more than 10,000 written advisories issued over the past two days to those who did not observe safe distancing.

"This cannot continue," he said, appealing to Singaporeans to stay at home. He was speaking at a press conference yesterday, ahead of the long weekend.


He also disclosed that parents will no longer be allowed to drop children off at their grandparents' homes on a daily basis, in an effort to protect vulnerable seniors from becoming infected.

Children with both parents working in essential services should be left at childcare facilities as far as possible, although exceptions may be made on a case-by-case basis.

All stadiums will be closed from today, as people had continued to gather there in groups to exercise despite stricter rules on social distancing.

Enforcement efforts will be stepped up against those who continue to flout safe distancing measures, National Development Minister Lawrence Wong said.

To cut the chain of transmission in dormitories, thousands of foreign workers who are healthy - especially those working in essential services - will be moved to locations such as army camps, floating hotels and vacant Housing Board blocks, and testing for them will be ramped up.


Coordinating Minister for National Security Teo Chee Hean is now advising the task force tackling the situation in dormitories, said Mr Wong, noting that the police and Singapore Armed Forces (SAF) are also involved in operations.

Mr Wong said: "This is a very major and urgent issue that requires active intervention."

Three of yesterday's new cases were imported, and 217 of the local cases were linked to existing clusters. Links are also emerging between previously announced and new cases, with the S11 Dormitory @ Punggol now confirmed to have 283 cases.

Preliminary investigations have linked the cluster at Mustafa Centre with clusters at the construction site at Project Glory and five dormitories, said the Ministry of Health's (MOH) director of medical services Kenneth Mak yesterday.


The foreign workers are believed to have been infected after visiting Mustafa Centre, where some employees had fallen ill.

The workers then infected their co-workers, who subsequently infected others at their dormitories.

Mr Wong said: "Many had very mild symptoms and so they continued to work, that's why there was a delay in picking them up."

He added that it is likely the virus had been spreading in dorms for some time.



The SAF and police are working with the Manpower Ministry and dormitory operators to manage dorms, he said. This includes making sure workers' daily needs are taken care of and that they comply with safe distancing measures.

"We cannot rely solely on dorm operators any more given the current situation," Mr Wong said.

Hygiene in dorms will also be improved and contact reduced to prevent the spread of the disease.


Turning to the spread in the community, he added that despite circuit breaker measures kicking in on Tuesday, some people were still not following instructions to stay home.

"We hope that Singaporeans will comply, not just because of the enforcement efforts that are ongoing, but really out of a necessity for all of us to do our part and ensure that this circuit breaker truly has an impact on controlling the spread of the virus," he said.
















Stern action against those who repeatedly flout enhanced rules; first-time offenders will get a written warning, while repeat offenders will be fined $300
PM Lee warns that circuit breaker measures will be strictly enforced; still too many gatherings taking place
By Clement Yong, The Straits Times, 10 Apr 2020

People who repeatedly flout the enhanced safe distancing rules introduced to curb the spread of the coronavirus will face fines and prosecution in court, the authorities have warned.

Minister for the Environment and Water Resources Masagos Zulkifli said in a Facebook post yesterday that enforcement officers will take down the particulars of anyone caught breaching the rules for the first time and issue a written warning.



Second-time offenders will be fined $300, and those nabbed a third time will be charged in court.

Singapore reported a record 287 new coronavirus cases yesterday, 9 April, taking the total number to 1,910.

The Environment and Water Resources Ministry said in a statement that 153 stern warnings were issued yesterday and cautioned that "in egregious cases, there may be prosecution even if it is a first offence".



In a Facebook post, Prime Minister Lee Hsien Loong said there are still crowds at nature reserves, markets and other places, on the third day of strict measures that include closing most workplaces and barring social gatherings of any size in homes or public spaces like parks until May 4.

People have to comply with stay-home measures "very strictly", he stressed. "If your loved ones do not understand how serious this is, please try hard to help them understand. The more we take liberties with the stay-home measures, the longer these painful measures will have to last. I know we all want to go back to normalcy, but this can only happen if we take things seriously."



PM Lee also spoke on the phone with his New Zealand counterpart Jacinda Ardern yesterday afternoon. He said Ms Ardern shared that New Zealand saw its coronavirus cases start to come down only on Day 11, after it barred residents from leaving their homes except to get essential supplies or to exercise.

"We are only in Day 3 and still have a long way to go. If we all comply strictly, as the New Zealanders have done, hopefully by our Day 11 we too will see positive results."
























Coronavirus: 'Fast' teams in place at all 43 foreign worker dormitories to tackle situation
Each team will have officers from SAF, police and MOM; medical posts set up in the dorms
By Tee Zhuo, The Straits Times, 10 Apr 2020

Teams with officers from the Ministry of Manpower (MOM), police and Singapore Armed Forces (SAF) have been deployed to all purpose-built foreign worker dormitories to tackle a sharp spike in COVID-19 cases in these places.

This is one part of the Government's strategy to manage daily needs such as food as well as ensure cleanliness and hygiene at those sites, Manpower Minister Josephine Teo said yesterday.

The other part of the strategy is having medical posts in the dormitories to actively test workers, and separating the infected from those who are healthy.



Mrs Teo dubbed the teams forward assurance support, or "Fast" teams, and said each team comprises nine officers from the SAF, police and MOM.

They help to ensure that the workers' meals are delivered on time, and look out for their well-being.

There was a team in place for each of the 43 purpose-built worker dormitories by Wednesday, and they are working round the clock with most of the "initial glitches" resolved, she added.

"Whereas in the past it was always the dormitory operators that took care of these things, I think we have to step in and help (them) because it is an enormous task to be able to implement these changes in a short time," she said at a press conference.



Singapore yesterday reported a record 287 new cases, of which 202 were linked to dormitories.

A fourth dormitory, Sungei Tengah Lodge, was declared an isolation area on Wednesday, which means its residents have to be quarantined in their rooms for 14 days.

The first three to be gazetted as isolation areas are S11 Dormitory @ Punggol, Westlite in Toh Guan and Toh Guan Dormitory.

The experience gained at S11 Dormitory and Westlite ensured that the process of implementing new measures for Toh Guan Dormitory was much smoother, said Mrs Teo.

It now takes an average of two hours across the dormitories for all workers in each dormitory to get their food, and the clearing of rubbish and cleaning of rooms and toilets is now done about thrice a day.



MOM said yesterday that it has cut meal distribution times by an hour at the first three dormitories, where nearly 322,000 food portions from caterers Sats Catering, Neo Group and Catering Solutions have been delivered to more than 24,500 residents.

The next priority is to make sure the same standards are consistently applied to the rest of the dormitories yet to be made isolation areas, said Mrs Teo.

She added that the other priority is to thin out the number of people in each dormitory such that safe distancing measures are effective.

These include making sure workers observe quarantine rules, and leave their rooms only for food or to go to the toilet, she said.

Replying to a reporter's question on whether anything could have been done to avoid having to quarantine thousands of workers, Mrs Teo said "it is not as if we have not done anything" to manage the situation in dormitories.

She recalled how stay-home notices and entry approval for workers returning from China were implemented in January and February, with inspections to make sure they obeyed the rules.

On the decision to quarantine workers, she said: "Given the scale and the complexity of the operations, it was never going to be a trivial decision to implement these measures, where the evidence did not previously suggest they were necessary."

Similarly, National Development Minister Lawrence Wong said the benefit of hindsight was not a luxury the Government had with the virus moving so rapidly.

He also said Senior Minister Teo Chee Hean, who is Coordinating Minister for National Security, will be advising the task force on the issue of dormitories, given the involvement of the SAF and police.

During a visit to the S11 site yesterday, now the largest cluster with 283 cases of COVID-19, Defence Minister Ng Eng Hen told reporters that about 70 servicemen from Army Medical Services were deployed in the "first tranche" to dormitories.



He said the SAF has given "quite a significant resource" to the nationwide effort in deploying them.

"The morale is high and they understand that this is a crucial task that they are doing," said Dr Ng.

There are now 10 active clusters of infection at workers' dormitories, with five cases linked yesterday to Shaw Lodge, a dormitory near Tai Seng MRT station.

As of yesterday, Westlite now has 49 cases in total, Toh Guan has 25, and Sungei Tengah Lodge has 43.

The other dormitory clusters are Tampines Dormitory, Cochrane Lodge I and II, Kranji Lodge and one in Sungei Kadut.

Foreign workers are also connected to clusters such as the Project Glory construction site, another one in Battery Road, and the Mustafa Centre department store.
















All returning Singaporeans, PRs and long-term pass holders to serve stay-home notice at dedicated facilities from 9 April 2020, 2359 hours
By Rei Kurohi, The Straits Times, 9 Apr 2020

From 11.59pm, 9 April, all travellers returning to Singapore from overseas will have to serve their 14-day stay-home notice (SHN) at dedicated facilities, such as hotels, instead of in their homes.

The Ministry of Health (MOH) announced yesterday that the rule has now been extended to all Singaporeans, permanent residents and long-term pass holders, regardless of the country they are coming from.



Returnees will be transported straight from the airport to the hotels. There, they have their own rooms and toilets, and all meals are provided, so that they can be isolated from others.

"This is a further expansion of our enhanced SHN requirements for travellers returning to Singapore," MOH said.

The rule was first applied to only those returning from the United States and Britain to curb the rising importation of COVID-19. On Sunday, it was expanded to include those returning from Asean countries, India, France and Switzerland.

"We have since stepped up capacity and are now able to accommodate fresh returnees from all countries," the ministry said yesterday.

Most of the new imported cases since March 25 have involved travellers who were required to serve SHN. Of the 230 imported cases between March 25 and April 7, 151 cases - or about two-thirds - were issued SHNs upon their arrival.

The remaining 79 cases had come from countries that had not been required to serve SHN.



MOH said yesterday that if there are unexpected capacity constraints, such as a larger than expected number of returnees, it may prioritise the dedicated facilities for returnees from certain regions or countries, based on risk assessment.

"Returnees who are already back in Singapore will continue to serve their 14-day SHN at their current location," said the ministry.

"As was earlier announced, all returnees who disregarded prevailing travel advisories and left Singapore from March 27 would be required to bear the full cost of their 14-day SHN at dedicated SHN facilities."

Singapore saw its first case of COVID-19 in late January and as of yesterday, there have been 559 imported cases out of a total of 1,623 confirmed cases.



On Tuesday, two Singaporean men were charged with offences under the Infectious Diseases Act for allegedly breaching their SHN.

Both have indicated they intend to plead guilty to their charges. They will be back in court next Thursday. If convicted, they can be jailed for up to six months and fined up to $10,000.















 




 




 




 




 




 





























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