CNA: PAP MP Sharp Exchange With NMP Over Hougang By-election

[Vulcann]

From CNA:

 

http://www.channelnewsasia.com/stories/sin...1185944/1/.html

 

PAP MP in sharp exchange with new NMP over Hougang by-election

Posted: 29 February 2012 0700 hrs

 

SINGAPORE: The debate over when the Prime Minister should call a by-election in the vacant ward of Hougang has sparked a sharp exchange between Bishan-Toa Payoh GRC MP Hri Kumar and new Nominated MP Eugene Tan.

 

Over the last nine days, Mr Hri Kumar, a Senior Counsel, and Assistant Professor Tan, a law lecturer at the Singapore Management University, have written to Today trading legal arguments and personal views on the issue.

 

The exchange was triggered by a commentary by Asst Prof Tan published in this newspaper on Feb 20. This sparked a robust response from Mr Hri Kumar, which in turn drew a reply from Asst Prof Tan. The latest salvo was another reply on Tuesday from Mr Hri Kumar.

 

In his latest letter published in the newspaper's Voices Section on Wednesday, Mr Hri Kumar reiterated that when a General Election or a by-election is to be called is "entirely at the discretion of the Prime Minister. There is no obligation to call an immediate by-election."

 

Mr Hri Kumar added: "Contrary to what (Asst Prof Tan) wrote, 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'."

 

Asst Prof Tan had argued in a letter published on Feb 28 that the PM's "discretionary power vis-a-vis by-elections is not an unfettered one". He wrote: "The PM should explain if he decides against or delays for an extended period of time calling a by-election. This accords with accountability and transparency. It assures Singaporeans that his decision is not based on narrow party interests."

 

THE COMMENTARY THAT TRIGGERED THE EXCHANGE

 

Asst Prof Tan had first called on the government to state its reasons, if it decides to delay or not to hold a by-election in Hougang, in his commentary published on Feb 20.

 

He wrote: "While the Prime Minister has the prerogative on the timing, I would argue that this does not extend to his having an unfettered discretion to delay the calling of a by-election indefinitely.

 

"In most instances, it has to be called within a reasonable time, or certainly without an inordinate delay. In short, the 'default' position should be that a by-election should be automatic, although there is no hard and fast rule on the timing."

 

Asst Prof Tan's commentary invited a robust response from Mr Hri Kumar a few days later, on Feb 24. Mr Hri Kumar argued there is "a reason the Singapore Constitution does not prescribe any time limit to call a by-election".

 

Mr Hri Kumar said: "Our 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. In general elections, the issue is which party should form the government."

 

He added: "Hence, under our system, if any Member of Parliament (MP) resigns or is expelled from his party, he loses his seat because voters had elected him as a representative of his party."

 

WP VOTED AGAINST BY-ELECTION MOTION

 

In his latest letter, Mr Hri Kumar also pointed out that the Workers' Party had voted with the People's Action Party to defeat a motion in 2008 - proposed by two Nominated MPs - that suggested, among other things, mandated by-elections be called within three months from the date an MP vacates his seat.

 

Mr Hri Kumar noted that the WP voted this way after its two MPs then - WP secretary-general Low Thia Khiang and party chair Sylvia Lim - had tried unsuccessfully to amend the motion to call for the Group Representation Constituency system to be abolished.

 

The WP's stance was also discussed on Tuesday on WP MP Pritam Singh's Facebook page, with some Facebook users questioning why the Opposition party voted against the motion. Mr Singh replied that WP did so because the motion "entrenches the GRC system, something the WP is fundamentally against".

 

Ms Lim had supported the proposal to have a three-month time-frame for by-elections, Mr Singh noted. Responding to a Facebook user, Mr Singh explained that MPs "can't agree with half a motion".

 

- TODAY

 

[Galantspeedz]

interesting....

 

personally i feel a by election should be held asap.... but well... someone may chose to let it rot as punishment.. repent is the key word....

 

i dun think hougang residents should be made to pay for what happened to their MP or to anyone for that matter

 

but what makes it more interesting is WP actually agreed that there should not be a time frame.... of course at that time... the possilbity of a MIW vacating the seat is higher then other parties....

 

but i hope the govt will come out and say got by election or not...

[Acemundo]

  On 2/29/2012 at 4:46 AM, Galantspeedz said:

interesting....

 

personally i feel a by election should be held asap.... but well... someone may chose to let it rot as punishment.. repent is the key word....

 

i dun think hougang residents should be made to pay for what happened to their MP or to anyone for that matter

 

but what makes it more interesting is WP actually agreed that there should not be a time frame.... of course at that time... the possilbity of a MIW vacating the seat is higher then other parties....

 

but i hope the govt will come out and say got by election or not...

i also support that by election be held as hougang residents need to be represented.

 

what i cannot agree are comments that actions to propel towards by election are abuse of the electoral process.

[Scion]

it's a lose-lose situation for PAP

 

they will lose for sure if they hold a by-election now

 

probably they want Desmond Choo to gain more popularity first

[Darryn]

  On 2/29/2012 at 4:46 AM, Galantspeedz said:

interesting....

 

personally i feel a by election should be held asap.... but well... someone may chose to let it rot as punishment.. repent is the key word....

 

i dun think hougang residents should be made to pay for what happened to their MP or to anyone for that matter

 

but what makes it more interesting is WP actually agreed that there should not be a time frame.... of course at that time... the possilbity of a MIW vacating the seat is higher then other parties....

 

but i hope the govt will come out and say got by election or not...

 

Read the commentary carefully - agreeing with the motion is not the same as agreeing with the idea that there should not be a time frame.

 

If you were given the option - give away your car or give away your house, which would you choose? Does this mean that you "agree" to giving away your car? Not really right - its just the lesser of two evils.

[Route]

quick question.. by election means only the hougang residents will vote or everybody votes?

noob on elections here.

 

thanks

[Galantspeedz]

  On 2/29/2012 at 5:01 AM, Darryn said:

Read the commentary carefully - agreeing with the motion is not the same as agreeing with the idea that there should not be a time frame.

 

If you were given the option - give away your car or give away your house, which would you choose? Does this mean that you "agree" to giving away your car? Not really right - its just the lesser of two evils.

 

 

The WP's stance was also discussed on Tuesday on WP MP Pritam Singh's Facebook page, with some Facebook users questioning why the Opposition party voted against the motion. Mr Singh replied that WP did so because the motion "entrenches the GRC system, something the WP is fundamentally against".

 

[Galantspeedz]

  On 2/29/2012 at 5:03 AM, Route said:

quick question.. by election means only the hougang residents will vote or everybody votes?

noob on elections here.

 

thanks

 

hougang ba.... but hopefully is everyone holiday

[Kyrios]

This Hri Kumar not simple ok..think he has a gorgeous chinese wiffe.....

[Sk65]

  On 2/29/2012 at 5:01 AM, Scion said:

it's a lose-lose situation for PAP

 

they will lose for sure if they hold a by-election now

 

probably they want Desmond Choo to gain more popularity first

 

IMO, tats the only reason i can come up with..

 

 

Desmond should be thinking, 5 yr, slowly build relationship

 

who knows comes ang Angela help him turn 5 yrs job into 5 mths.

[Tianake]

maybe Pappies waiting for the Sun Xu Saga to settle down before holding the electiion.

If not they may lose lagi jialet.

if lose more than 70% of the votes == very lose face.

[Acemundo]

  On 2/29/2012 at 5:13 AM, Kyrios said:

This Hri Kumar not simple ok..think he has a gorgeous chinese wiffe.....

NPNT!

[questionedfish]

And I also reiterate....public holiday please! (if there's election la) [laugh]

[Littleknown]

So much legal lingo and political talk... wonder any one are thinkin in interests of the residents? :-)

[Yardo]

This Eugene Tan I think also not a simple guy. It is only recently he started appearing in CNA giving political insights / views and then made a quick jump to be a NMP. He is now very quick at picking up issues and make a stir out of it. Portrayed to me as a very ambitious guy.

[Celicar]

  On 2/29/2012 at 5:01 AM, Scion said:

it's a lose-lose situation for PAP

 

they will lose for sure if they hold a by-election now

 

probably they want Desmond Choo to gain more popularity first

Did you see Desmond during the budget discussion on Channel 8 a week or 2 ago? Wah lao, this guy, PAP through and through. Open mouth only starting line already butter-up the government.

 

He said the budget shows that the government 聆听人民的心声.

 

He say already beh pai seh I hear already also pai seh.

[Celicar]

  On 2/29/2012 at 5:22 AM, Acemundo said:

NPNT!

Sometimes, NP is better than GP, or else illusion may be shattered.

[Acemundo]

  On 2/29/2012 at 5:55 AM, Celicar said:

Sometimes, NP is better than GP, or else illusion may be shattered.

 

 

haha is his wife the partner of EY who is the firm that hires tin pei ling previously?