Assistant Professor of Law & Nominated Member of Parliament Eugene Tan had made it crystal clear:
Article 49 (1) of our Constitution provides that an election “shall” be called when an elected parliamentary seat is vacated. The Parliamentary Elections Act (PEA) provides for the same.
Further, Section 52 of the Interpretation Act states: “Where no time is prescribed or allowed within which anything shall be done, that thing shall be done with all convenient speed and as often as the prescribed occasion arises.”
Constitutional law professor Thio Li-ann and adjunct law professor Kevin Tan, both lecturing at the National University of Singapore (NUS), as well as assistant professor in constitutional law at Singapore Management University (SMU) Jack Lee, concur with Mr Tan.
To hear Hri Kumar (Senior Counsel Drew & Napier LLC & Bishan-Toa Payoh GRC MP) say, "Article 49 of the Constitution does not say that an election shall be “called” to fill a vacant seat. It simply prescribes that the vacant seat “shall be filled by election” reminds me of a former boss's frustrating experience with a retard.
General Manager Hancock was stationed in Manila when he received a letter from the bank to collect a new check book. After navigating the horrendous traffic of Makati to the bank building, he was told that his check book was not ready for collection. Fuming mad, Hancock showed the letter to the officer. The latter read it calmly and said, "Yes, the letter states that the check book is ready for collection. But it doesn't say "when"."
We all know that Hri Kumar is not a stupid man - that would be an insult to all appointed senior counsels - he's being devious for a good reason. He states that reason thus; "But Hougang is a hot seat...The by-election will surely generate much heat and debate across the island." He's not just saying that the kitchen is too hot, and the PM should get out of it, he's telling us that the PM is too cowardly to face the electorate.
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In politic, citizens are pawns. Whether to call for an election or not does not depend on the needs and welfare of the people in Hougang. Instead, it is to ensure better chance of success for the government.
ReplyDeleteStop all the clever wordsmithing and pussyfooting around. When is there ever a need not to focus on national issues? And what national issues does the elections department have?
ReplyDeleteWe will let PM Lee do his job, but not until he explains fully his reason for not calling for a BE instead of giving vague reasons other than a weak heart.
Enough legal sophistry. If there will be a BE, say when. If not, say why.
ReplyDeleteSending your top guns to argue on fine interpretations is just another feet dragging exercise that is crystal clear to every voters.
By-election may or may not happen and if it happens, may not be so soon. Those MIW are not confident in recapturing Hougang and MIW also has its own set of problems though WP is currently affected by the latest scandal.
ReplyDeleteLaws Are Usually Meant To Impose On Those Ordinary Ones, Singapore Is Not Different From Other 3rd World Countries!
Mr Ng ur link provided directed to a sex blog
DeleteHe's the mega-porn-commentator. No offence dude, you should observe a code of conduct.
DeleteSo what's next? It says 'election', didn't specify whether is by-election or general election?
ReplyDeleteClinton infamous defense - Define sex?
TNP polled 70% wanted the by-election. Halimah said BB residents doesn't want another. What gives? What kind of stats does she have or is this merely her anecdotal at best. Anyone?
ReplyDeleteIt is crystal clear to me that party interest comes before the people!s interest.
ReplyDeleteWhether you win the debate or not does not make what u argue truth and facts.
Besides I find hri bending backward to support pm. What is the point, government are to serve its people not fool them !
He said he has many national issues at hand, supposedly more important than to worry about a BE now.
ReplyDeleteAnd the last time he unwittingly admitted that if there are more opposition members in Parliament, he will have to spend more time thinking of how to fix them. So now the million dollar question is : Is he spending his expensive time dealing with 'his' national issue of how best to fix the opposition at a by-election?
How about a daft idiot for a 'Prime Minister', anyone ?
Again it shows that there are "retards" aplenty in the govt. trying to twist and turn by not giving a simple yes or no answer shows how indecisive is this muti millions pay govt. Just tell us when if there is going to be a BE or if no then why no BE? Stop all the idiotic excuses and silent! It's not gg to help. The next GE is in 2016. Everyone going to keep Khaw Bei Khaw Bu. Why not just put a stop to all these and get on over with it fast and move on? Really langgar!
ReplyDeleteIs also crystal clear that Vikram Nair equates Investment in Singaporeans is like Nigeria Scams.
ReplyDeleteGood grief. Is ok to have Politicians' pay scam, Bankers' Scam, SWF scam, CPF scam but not ok to have Poor People's scam. Everyone is equal under law.
Is this another PAP polling station moment?
ReplyDeleteThe longer they stall, the more negative the reactions, and the worst they perform at the poll. Are they retarded?
The constitution is very clear. Anyone who says otherwise ought to retake his O levels.
ReplyDeleteIf i am PAP i would rather get it over with and not delay the by-election. It is not very likely they will take it back now or 18months down the road. Lose it quickly then you can focus on the next GE. otherwise this ding-dong will affect the mood and hence the memory of electorate. The strategy is to get the bad memory out of losing a tough seat quickly. In politics lingering doubts thoughts bad taste hurt more than anything.
ReplyDeleteExcellent point and fabulous advice. But, knowing the PAP, they will form a high-level cross-ministry committee headed by the Attorney-General with top scholars in it to study the situation, and come out with a 1,000 page report before they do anything. Another $2 million down the drain for this committee, who will no doubt support LHL and HK, regardless how illogical they willsound. I wouldn't want to be selected for this committee.
DeleteDo we have govt MPs, befitting the title of the people's representative in parliament, or a menagerie purely for exhibition?
ReplyDeleteHri is simply talking cock & playing politics.
ReplyDeleteShouldn't it be put on automatic pilot once a seat is vacated ? And if our Election Commission is truly independent, they should just decide & announce the date.
And in the case of a GRC constituency if they can do with -1 MP and avoid a by-election, why do we need the GRCs +1 additional MP in the first place ?
Is PAP playing the fool with us and treating us as suckers with this GRC requirement ?
And in the meantime..free health check by nurses, free employment center, free abalone too, what else can be achieved to tilt its favors? WP should never overestimate their seize on HG.
ReplyDeleteOk seriously, who has faith in going through the High Court for a conclusive answer here. ki chiu!?
ReplyDeletehttp://sg.news.yahoo.com/blogs/singaporescene/hougang-voters-could-seek-high-court-clarification-experts-084635882.html
Are there only 3 lawyers/academic qualified in SG who can/will speak out for the people of Hougang?
ARe there any more out there with moral courage and conscience?
"Yes, the letter states that the check book is ready for collection. But it doesn't say "when"."
ReplyDeleteHey! This sounds a lot like my CPF money too!
When are we going to get an Opposition Party who will run on the platform of returning all our CPF money back to us at age 55 years?
If I were Prime Minister of the Pro Alien Party.
ReplyDeleteI would call for a by-election immediately.
I would also state that my Pro Alien Party will not contest the by-election.
Because this is morally the right thing to do.
This is a no brainer.
If you have to think about this;
it says a lot about you as a person.
//Because this is morally the right thing to do.
DeleteThis is a no brainer.//
Unthinkable
It's unthinkable because we are not used to thinking in moral terms.
DeleteOnly dollars.
One nation;
One country;
One $ingapore
Frankly speaking, lawyers are useless people who are typically no good in their analytical skills but like to play with words.we should have some first class honours in physics in parliament to raise the intellectual level.
ReplyDeleteApplying law is in the hand of those write the law. What do you expect?
ReplyDeleteHas anyone noticed that the mainstream media have omitted to mention the opinions of these experts when they have previously quoted them before they changed their opinions as a result of Prof. Eugene Tan`s reply? Furthermore they play an uncharacteristic indifference to the controversy since then.
ReplyDeleteHave to perform now so that when the law minister position is vacant you will know who will get the job.
ReplyDeleteInteresting that PAP MP finally states it is the PM to "decide & follow up"...
ReplyDeleteLook more like the PM reports to that PAP MP...and also works for that PAP MP...
Interesting no...
We have someone telling the Prime Minister "big hint hint" to do "his" job!
Can you imagine how much damage this PAP MP is doing not only to his own party but indirectly also to the PM of Singapore.
LOL!