Singapore: (S)electing the president - Diluting democracy?

International Journal of Constitutional Law

Volumn 5, Issue 3, 2007, Pages 526-543

  Thio, Li Ann ^a  

^a NATIONAL UNIVERSITY OF SINGAPORE   (Singapore)

Author keywords

[No Author keywords available]

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EID: 34547960428     PISSN: 14742640     EISSN: 14742659     Source Type: Journal    
DOI: 10.1093/icon/mom017     Document Type: Article

References (148)

1. See Kevin Y.L. Tan, The Presidency in Singapore: Constitutional Development, in MANAGING POLITICAL CHANGE IN SINGAPORE: THE ELECTED PRESIDENCY 52 (Kevin Y.L. Tan & Lam Peng Er eds., Routledge 1997) [hereinafter MANAGING POLITICAL CHANGE];
2. Valentine Winslow, The Election of a President in a Parliamentary System: Choosing a Pedigree or a Hybrid?, in MANAGING POLITICAL CHANGE 88;
3. Thio Li-ann, The Elected President and the Legal Control of Government: Quis Custodiet Ipsos Custodes?, in MANAGING POLITICAL CHANGE 100.
4. SING. CONST. art. 20.
5. Roger Mitton, Maverick Politician: Ong Teng Cheong is Out but Not Down, ASIAWEEK, Mar. 10, 2000, at http://www.pathfinder.com/asiaweek/magazine/2000/0310/ nat.singapore.ong.html.
6. Constitutional Amendments to Safeguard Financial Assets and the Integrity of the Public Service, 1988, Cm. 10, at 4, para. 18(c) [hereinafter First White Paper].
7. Cap 240A.
8. SING. CONST. art. 18.
9. SING. CONST. art. 18(9).
10. Thio Li-ann, Is Singapore Heading for a Selected Presidency?, STRAITS TIMES (Singapore), Aug. 19, 2005, at 31.
11. Act No. 5 of 1991, (assented to by President Wee Kim Wee on Jan. 18, 1991).
12. SING. CONST. art. 23.
13. SING. CONST. art. 21(1). Exceptionally, the president was authorized to exercise his judgment in assessing whether a member of parliament commanded the confidence of a parliamentary majority; this was in relation to the appointment the prime minister or declaring this office vacant: Arts. 25, 26.
14. SING. CONST. art. 24.
15. First White Paper, supra note 4.
16. Such powers were first delineated in Safeguarding Financial Assets and The Integrity of the Public Service, 1990, Cm. 11, at 7, paras. 24-27 [Second White Paper].
17. Cap 143.
18. Cap 167A.
19. Preventive detention orders issued under the ISA restricted rights to life and liberty (art. 9) while restraining orders issued under the MRHA would limit rights to religious freedom (art. 15) and rights to freedom of speech, assembly, and association (art. 14). The EP's checking powers are set out in articles 151(4) and 221, respectively, and are limited, particularly since the EP works in tandem with other nonelected or bureaucratic constitutional bodies such as the ISA Advisory Body and Presidential Council for Religious Harmony. See Li-ann Thio, Lex Rex or Rex Lex: Competing Conceptions of the Rule of Law in Singapore, 20 UCLA PAC. BASIN L.J. 53 (2002).
20. Shared Values White Paper, 1991, Cm. 1, at para. 41.
21. Donald S. Lutz, Thinking about Constitutionalism at the Start of the Twenty-First Century, 30 PUBLIUS 115, 123-124 (2000).
22. SING. CONST. part VA.
23. SING. CONST. art. 148D(1).
24. U.S. CONST. art. II, 1§ requires a presidential candidate to be a natural born citizen, minimally thirty-six years of age who has resided in the U.S. for fourteen years.
25. SING. CONST. art. 44 stipulates the criteria for parliamentarians, including citizenship, as a minimum age of twenty-one, residence in Singapore for minimally ten years prior to the date of nomination for election, the candidate's name must be in the current register of electors, and he must have sufficient linguistic proficiency to participate in parliamentary debates.
26. SING. CONST. art. 18(2).
27. SING. CONST. art. 18(9), §8(3).
28. SING. CONST. art. 19(2)(e), §8(1)(a).
29. SING. CONST. art. 19(2)(e), §8(1)(b).
30. Minister, chief justice, Speaker, attorney general, chairman of the Public Service Commission, auditor general, accountant general, or permanent secretary: SING. CONST. art. 19(2)(g)(i).
31. SING. CONST. art. 19(2)(g)(ii)-(iii).
32. SING. CONST. art. 19(2)(g)(iii).
33. During Select Committee discussions, it was proposed that there should be a five-year interval before former members of a political party, particularly those who had held high political office, would be allowed to run for the office of EP. This would allow for some distancing from cabinet policy and lessen the prospect of unwarranted parliamentary influence that could affect the perception the EP's potential independence.
34. Andrea Hamilton, The President Speaks Out: Ong Teng Cheong Criticises His Government, ASIAWEEK, July 30, 1999, at http://www.timeinc.net/asiaweek/99/0730/nat7.html.
35. Issues raised by President Ong Teng Cheong at His Press Conference on 16th July 1999 (Statements by the PM and Minister for Finance), 70 SING. PARL. REP., Aug. 17, 1999, cols. 2068, 2022.
36. 'I Had a Job to Do': Whether the Government Liked It or Not, Says Ex-President Ong, ASIAWEEK, Mar. 10, 2000, at http://www.pathfinder.com/asiaweek/magazine/2000/0310/ nat.singapore.ongiv.html.
37. The Principles for Determining and Safeguarding the Accumulated Reserves of the Government and the Fifth Schedule Statutory Boards and Government Companies, 1999, Cm. 5.
38. It is ironic that, although the EP scheme was seen fundamentally to reconstitute the government system, the issue of whether to have an EP or not was never put to referendum, while any initiative to dismantle the institution is subject to the modified referendum system embodied in SING. CONST. art. 5(2A).
39. Third Reading ofthe Constitution ofthe Republic of Singapore (Amendment No. 3) Bill of 1991, SING. PARL. DEB., Jan. 3, 1991, cols. 718, 722.
40. During parliamentary debates in 1999, Prime Minister Goh Chok Tong stated that attempts to entrench the EP scheme should be made "within the next six years, but I would not want to commit myself at this moment." The goal was to "work the system and be very satisfied that we have a good system before we entrench those powers in the Constitution." SING. PARL. REP., Aug. 18, 1999, cols. 2055-2056.
41. For example, SING. CONST. art. 151A exempts defense and security measures from the presidential purview and creates alternative checks in the form of two unelected civil servants.
42. See Thio Li-ann, Working out the Presidency: The Rites of Passage, 1995 SING. J. LEGAL STUD. 509, 519-525.
43. A 2004 amendment also eliminates presidential oversight concerning transfers of reserves between the government, statutory bodies, and government companies that are not considered draw-downs on national reserves, provided the responsible minister or corporate officer promises that the transferred reserves will be added to the transferee body's past reserves;
44. SING. CONST. arts. 22B, 22D.
45. See Derrick A. Paulo, Reserves and Loophole Fears, TODAY (Singapore), June 3, 2004.
46. S.M. Lee, Elected President Not the Second Centre of Power, STRAITS TIMES (Singapore), Aug. 12, 1999, at 32-33;
47. Elected President's Powers Are Custodial, Not Executive, STRAITS TIMES (Singapore), Aug. 18, 1999, at 24;
48. EP's Role Largely Ceremonial, STRAITs TIMES (Singapore), Aug. 11, 1999, at 1;
49. No Such Thing as an Independent President, STRAITS TIMES (Singapore), Aug. 11, 1999, at 26;
50. PM on the Elected Presidency, STRAITS TIMES (Singapore), Sept. 2, 2005, at H10.
51. Even an article in a progovernment newspaper argues that the EP is not an institution for the promotion of greater democratization, at least compared with the "real contest" in the general elections and parliamentary seats.
52. Zuraidah Ibrahim, Elected Presidency: No-Contest Debate Mis-guided STRAITS TIMES (Singapore), Aug. 18, 2005, at H6.
53. An opposition party's election manifesto proposed scrapping the EP altogether: 'You Have a Choice,' The Workers' Party Manifesto (2006), available at http://www.wp.org.sg/party/manifesto_2006.htm.
54. Teng Cheong, Chua Can Run for President; Jeya Rejected, STRAITS TIMES (Singapore), Aug. 17, 1993, at 3. Both Jeyaretnam and Tan have been jailed for fraud and for refusing to pay a parking fine, respectively.
55. Chua: I'm Running for President out of Publioc Duty, STRAITS TIMES (Singapore), Aug. 23, 1993, at 1. Despite not campaigning or putting up posters, as did Ong, Chua received 41.3 percent of the votes cast after giving only two televised speeches, one in which he presented himself as a non-PAP candidate asking, "[d]o you want the PAP to dominate the presidency?"
56. Lydia Lim, What's Behind the Election Divide, STRAITS TIMES (Singapore), Aug. 15, 2005;
57. Chua: Do You Want PAP to Dominate Presidency as Well?, STRAITS TIMES (Singapore), Aug. 2 7, 1993, at 1.
58. PAP Supports DPM Ong for Elected President, STRAITS TIMES (Singapore), Aug. 11, 1993, at 2.
59. Prime Minister Goh said that Chua was a "credible apolitical alternative" though he hoped the voters would select Ong, whom PAP members would campaign for in their personal capacity.
60. Warren Fernandez, Another August Election, STRAITS TIMES (Singapore), Sept. 4, 1993, at 32.
61. President Nathan's Backers Leaving Nothing to Chance, STRAITS TIMES (Singapore), July 14, 2005, at H6.
62. The NTUC secretary-general is a PAP cabinet minister, and the NTUC, an umbrella organization with sixty-five affiliated unions representing some 400,000 workers, has endorsed its close ties with the PAP government by annual resolution since 1980.
63. See generally Anthony Woodiwiss, Singapore and the Possibility of Enforceable Benevolence, in GLOBALISATION, HUMAN RIGHTS AND LABOUR LAW IN PACIFIC ASIA ## (Cambridge Univ. Press 1998).
64. The other candidates were private tutor Ooi Boon Ewe and opposition politician Tan Soon Phuan. Only Nathan Gets Eligibility Cert., STRAITS TIMES (Singapore), Aug. 18, 1999, at 2.
65. Nomination: Where and When It'll Be Held, STRAITS TIMES (Singapore), Aug. 13, 2005, at H6. These were Nathan, Kuan, Ooi Boon Ewe, and Ramachandran Govindasamy.
66. See generally James Gomez, Election watch: Politics & the Singapore bloggers, Nov. 7, 2 005, available at http://www.jamesgomeznews.com/article.php?AID=230; Former JTC man emerges as potential presidential candidate, Channel News Asia, Aug. 5, 2005, available at http://www.channelnewsasia.com/ stories/singaporelocalnews/view/161626/1/.html.
67. It's a risk but... NEW PAPER (Singapore), Aug. 6, 2005, at 10.
68. Lee U-Wen, Nathan Ready for Race: President Says He Will Take Election Contest in Stride, TODAY (Singapore), Aug. 6, 2 005.
69. Cherian George, Freedom from the Press: Why the Media are the Way They Are, in SINGAPORE: THE AIR-CONDITIONED NATION: ESSAYS ON THE POLITICS OF COMFORT AND CONTROL 1990-2000 65 (Landmark Books 2000)
70. Thio Li-ann; "Pragmatism and Realism Do Not Mean Abdication": A Critical Inquiry into Singapore's Engagement with International Human Rights Law, 8 SING. Y.B. INT'L L. 41, 74-75 (2004).
71. Chua Chim Kang, Offer All Candidates Equal Chances in the Presidential Election, STRAITS TIMES (Singapore), Sept. 27, 2005, at 22.
72. Id.
73. Lynn Lee, Mr Surprise Files for Cert of Eligibility: Former JTC Man Says He'll Go All the Way in Race for President if He is Eligible to Run STRAITS TIMES (Singapore), Aug. 6, 2005.
74. Derrick A. Paulo, Meet Mr. Andrew Kuan, the Presidential Hopeful, TODAY (Singapore), Aug. 6-7, 2005;
75. Analysts Surprised, But Are Intrigued at Possibilities, TODAY (Singapore), Aug. 6-7, 2005, at 6.
76. Chua Mui Hoong & Peh Shing Huei, I Would Like to Offer My Friendly Hand to All Singaporeans, STRAITS TIMES (Singapore), Aug. 5, 2005.
77. Andrew Kuan to Quit as PAP Member, STRAITS TIMES (Singapore), Aug. 15, 2005.
78. Li Xueying, Kuan Jointed JTC to Boost Chances, STRAITS TIMES (Singapore), Aug. 8, 2005.
79. Derrick A Paulo, Battle Begins Early for Andrew Kuan: Lawyer Takes Offence at Candidate's Allegations, TODAY (Singapore), Aug. 10, 2005.
80. Siew Kum Hong, A Price Too High to Pay, TODAY (Singapore , Aug. 17, 2005, at 3.
81. Lynn Lee, Presidential Hopeful May Face Suit, STRAITS TIMES (Singapore), Aug. 10, 2006, at H8.
82. Tor Li Ching, Candidates of Competence, Clarity: Andrew Kuan, Presidential Hopefuls Should Bear No Secrets from Public: PM Lee, TODAY (Singapore), Aug. 10, 2005;
83. Karen Wong, Did He Lose Home-Ground Vote? Conflicting Versions over Presidential Hopeful's Condo MC Chairmanship, NEW PAPER (Singapore), Aug. 7, 2005, at 4.
84. Karen Wong, Lawyer Threatens to Site Andrew Kitan, Leaving Him to Face Battle on Two Fronts, NEW PAPER (Singapore), Aug. 10, 2005, at 11;
85. Jean Chua, Andrew Kuan Undeterred by Allegations, STRAITS TIMES (Singapore), Aug. 11, 2005.
86. Murugaian M. Nirmala, President Nathan Poised to Serve 2nd Term: Election Panel Approves His Application and Rejects Kuan and Two Others STRAITS TIMES (Singapore), Aug. 14, 2005.
87. Li Xueying & Peh Shing Huei, Financially Sound, but Mixed Reactions: While Some who Know Andrew Kuan Describe Him Warmly, Others Detect Some Conceit, STRAITS TIMES (Singapore), Aug. 6, 2005.
88. Zakir Hussain, What Matters More is a Good President, Not Contest: Swee Say, STRAITS TIMES (Singapore), Aug. 7, 2005, at 6. Minister Lim warned that "we must accept that in any contest, any of the candidates may win.... Even if it's a very slim chance of 1 per cent, it can still happen," implying Kuan's nonsuitability.
89. The office carries a basic annual salary of SGD$2.5 million. Derrick A Paulo, President's Annual Salary Adjusted to $2.5 Million, TODAY (Singapore), Jan. 19, 2006.
90. What Matters More is a Good President, Not Contest, STRAITS TIMES (Singapore), Aug. 7, 2005 (quoting Minister Lim Swee Say).
91. Siew Kum Hong, A Price Too High to Pay, TODAY (Singapore , Aug. 17, 2005, at 3.
92. Tor Li Ching, supra note 65.
93. Alexandra Ho, Be Open about Your Past, PM Advises Kuan, BUSINESS TIMES (Singapore), Aug. 10, 2005.
94. Lynn Lee, Presidential Hopefuls Must be Open, STRAITS TIMES (Singapore), Aug. 10, 2005, at 3;
95. Loh Chee Kong, Job-hopping Kuan Explains His Switches, TODAY (Singapore), Aug. 11, 2005, at 2;
96. Kuan Gives 5-Page CV to the Media, STRAITS TIMES (Singapore), Aug. 11, 2005, at 4.
97. Siew Kum Hong, supra note 73.
98. Peh Shing Huei, Kuan Let Go as He's Not a Team-Player: Ex-Employer STRAITS TIMES (Singapore), Aug. 13, 2005, at H6.
99. He Kept Us in the Dark about Poll Plans, Says Hyflux, STRAITS TIMES (Singapore), Aug. 12, 2005, at H8;
100. Peh Shing Huei, supra note 78. The Hyflux CEO issued a statement to the effect that Kuan was not suited to the joint-venture job, in response to Kuan's reportedly telling the media he had come to Hyflux to learn and to prepare for the election. She added, "He couldn't just come to our company to play-play, to look see look see. It's very unfair to Hyflux." Kuan issued a statement saying he had resigned because the joint-venture companies were not formed and his work plan was not approved.
101. Lynn Lee, Andrew Kuan Was Asked to Resign or to Face Sack from JTC STRAITS TIMES (Singapore), Aug. 12, 2005, at 1;
102. Chen Huifen, JTC, Hyflux Disappointed over Hiring Kuan: Presidential Hopeful Disputes Their Claims, STRAITS TIMES (Singapore), Aug. 12, 2005.
103. Murugaian M. Nirmala, Report on His Work to be Sent to the Elections Panel, STRAITS TIMES (Singapore), Aug. 12, 2005, at H8.
104. As CFO, Kuan was one of JTC's nine directors, ranked below the three assistant CEOs. Id.
105. JTC Was Not Satisfied with Kuan's Work: Ex-Bosses Say They Let Him Stay Despite Performance as JTC is Employer with 'Heart', STRAITS TIMES (Singapore), Aug. 12, 2005.
106. Tor Li Ching, supra note 65.
107. Supra note 83.
108. Why It Is Speaking Up, STRAITS TIMES (Singapore), Aug. 12, 2005.
109. Lynn Lee, supra note 80.
110. My Performance Was Rated Good, STRAITS TIMES (Singapore), Aug. 12, 2005, at H8.
111. Murugaian Nirmala, Who Qualifies? 3 'Wise Men' to Decide, STRAITS TIMES (Singapore), Aug. 13, 2005, atH6.
112. Why There's Only One Candidate, STRAITS TIMES (Singapore , Aug. 14, 2005.
113. Sue-Ann Chia, Elected Presidency: What to Change?, STRAITS TIMES (Singapore), Sept. 5, 2005, at H5;
114. Let MPs Elect President from List Given by Panel, STRAITS TIMES (Singapore), Sept. 9, 2005.
115. SING. CONST. art. 19(2).
116. Chua Chim Kang, Offer All Candidates Equal Chances in the Presidential Election, STRAITS TIMES (Singapore), Sept. 27, 2005, at 22.
117. SING. PARL. DEB., Jan. 3, 1991, col. 720.
118. Chee Siok Chin v. PP [2006] 1 SLR 582, 630-632.
119. Presidential Elections Act, Cap 240A, §8A.
120. [1992] 2 SLR 310.
121. 376 U.S. 254 (1964).
122. 8 Eur. Ct. H.R. 407 (1986).
123. [1992] 2 SLR 310, 332H
124. Id. at 333H-I, (citing GATLEY ON LIBEL AND SLANDER, (8th edition, Sweet & Maxwell 1981)).
125. Presidential Elections Act, Cap 240A, §15.
126. SING. CONST. art. 105(1).
127. See Reckless to Lower Criteria for Presidential Candidates, STRAITS TIMES (Singapore), Sept. 20, 2005.
128. Chen Hwai Liang, Why the High Standards for Presidential Hopefuls, STRAITS TIMES FORUM (Singapore), Aug. 20, 2005.
129. Id.
130. [1988] SLR 132, 156B-C.
131. Kwang Bee Geok, Assess Presidential Hopefuls in Public, STRAITS TIMES FORUM (Singapore), Aug. 12, 2005.
132. Why Keep Andrew Kuan on If He Was Unsuitable, STRAITS TIMES FORUM (Singapore), Aug. 16,2005;
133. Kelly Wee, Only 'Poor' Performers Denied Bonus, Pay Hike, STRAITS TIMES FORUM (Singapore), Aug. 20, 2005.
134. Steven J. Hood, The Myth of Asian Democracy, 38 ASIAN SURV. 853, 860 (1998).
135. Prime Minister Lee, at President Nathan's second swearing-in ceremony. Nathan Sworn in for 2nd Term, STRAITS TIMES (Singapore), Sept. 2, 2005, at 1.
136. Chen Hwai Liang, supra note 103.
137. Presidency in Singapore Seems Misunderstood, BUSINESS TIMES (Singapore), Aug. 20, 2005.
138. PM on the Elected Presidency, STRAITS TIMES (Singapore), Sept. 2, 2005, at H10.
139. Reckless to Lower Criteria for Presidential Candidates, supra note 102.
140. SING. CONST. art. 45.
141. Presidential Elections Slated for Aug 28, STRAITS TIMES (Singapore), Aug. 5, 1999, at 1. This article noted that "it has been reported that only about 400 people qualify for the office."
142. Lydia Lim, Candidates Must be Worthy, Says PMO, STRAITS TIMES (Singapore), Aug. 20, 2005. In a letter to the press, the press secretary to the prime minister argued that the pool of potential EP candidates was not small, since it included ministers, public sector appointment holders, and the chairmen and CEOs of companies with paid-up capital of $100 million or more. As there were 440 such companies, it was estimated that some seven hundred to eight hundred people in Singapore were qualified.
143. Chen Hwai Liang, supra note 103.
144. Leong Sze Hian, Review President's Eligibility Criteria, BUSINESS TIMES (Singapore), Aug. 17, 2005.
145. Raymond Lim, Contest for EP Desirable, but by No Means Critical, STRAITS TIMES (Singapore), Aug. 20, 1999, at 53 (arguing that as the Constitution is the principal source of political legitimacy and provides for election by default, such an EP "has as much moral authority as one who wins in a contested election").
146. The lack of understanding regarding the institution's elective nature is evident in a letter to the Straits Times lauding Nathan as an "excellent choice" for EP. The letter's author continued, "In order not to embarrass any future candidate whom the Government wishes to nominate to continue as President, it is preferable to change the Constitution to allow for this without the need for a contest." Chan Kim Yong, Allow President New Term Without Contest, STRAITS TIMES FORUM (Singapore), Aug. 11, 2005, at H9.
147. Peh Shing Huei & T. Rajan, No Contest, No Surprise, STRAITS TIMES (Singapore), Aug. 14, 2005, at 3.
148. Not a job for Just Anyone: Stressing Demanding Nature of Presidency, Nathan Says Only a Select Few Have What It Takes, TODAY (Singapore), Aug. 24, 2005.