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Risks Associated with Buying Health Products Sold Online 1 Ms Joan Pereira asked the Minister for Health whether the Ministry will consider working with the Ministry of Education to share with school students the risks associated with buying health products, especially those sold online.
Risks Associated with Buying Health Products Sold Online The Health Sciences Authority (HSA) regularly educates the public on the risks of buying health products from dubious or unknown sources, including online purchases. For example, last year, HSA ran a six-week online campaign to educate consumers on such dangers. It included an animated YouTube video to explain the risks, and pop-up advisories targeted at consumers looking for health products online.
Risks Associated with Buying Health Products Sold Online There are also efforts targeted specifically at school students. HSA has worked with the Health Promotion Board (HPB) to include the risks of purchasing health products online in HPB's school-based educational programmes. HSA has also collaborated directly with tertiary students from the local polytechnics and universities to reach out to their peers about the dangers of buying health products online.
Risks Associated with Buying Health Products Sold Online HSA will continue to work with HPB and the Ministry of Education to educate school students on the risks associated with buying health products from dubious online sites and the need for discernment when purchasing health products.
11.09 am 2 Ms Joan Pereira asked the Minister for the Environment and Water Resources (a) how does the Ministry ensure that lorries that carry sand do cover them up to prevent spillage on the roads while moving; and (b) for lorries that are found not to have done so, what are the penalties that are imposed on them.
11.09 am Sand or other materials spilt from improperly covered lorries on public roads can endanger the safety of motorists and dirty our environment.
11.09 am The National Environment Agency (NEA) engages sand suppliers and commercial transport companies to remind their drivers to be vigilant in keeping sand covered during transport. Commercial transport companies are also reminded to inspect their lorry fleets regularly for faulty cargo flap covers.
11.09 am From 2016 to 2018, NEA took more than 450 enforcement actions against drivers for transporting sand and other materials without proper cover. Under the Environmental Public Heath (Public Cleansing) Regulations, persons conveying sand or other similar materials along a public road by vehicle without adequate cover face fines of up to $1,000 upon conviction for a first offence. Additionally, under the Environmental Public Health Act, persons who drop or spill the same on a public road would also be liable for fines of up to $2,000 upon conviction for a first offence.
11.09 am Members of the public who witness sand spillage on public roads should report the incident to NEA.
11.09 am Ms Joan Pereira.
11.09 am I thank the Senior Minister of State for the reply. On the roads, I very often see vehicles carrying sand – both wet and dry – overloaded with these items: sand, gravel, stones. They may even be partially exposed. These pose a real danger to other vehicle users and even people. Can NEA consider working with the Ministry of Transport to deploy road surveillance technology to monitor such vehicles and take enforcement action where necessary?
11.09 am I thank the Member for the supplementary question. NEA employs portable surveillance cameras to detect vehicles that spill sand or other materials on public roads. They deploy such devices at hotspots to spot and identify errant vehicles and their drivers for further investigation and enforcement. In addition, NEA does stakeouts along public roads to spot and act against such errant vehicles and drivers.
11.09 am The Land Transport Authority (LTA), on the other hand, conducts routine patrols and operations to enforce against overloaded vehicles. Offenders who are caught with their trucks or lorries exceeding the maximum laden weight limit can be fined up to $1,000 upon conviction, jailed for up to three months or both.
11.09 am Mr Lim Biow Chuan.
11.09 am In my constituency, there are thousands of such heavy laden vehicles plying the road. Unfortunately, the feedback I have is that they are either uncovered or they are spilling debris all over the road. I would like to ask the Senior Minister of State whether enforcement can be stepped up because 450 summonses do not seem like a lot. Every day that I drive on the road, I see a lot of such vehicles that are in breach.
11.09 am The other thing is whether the Ministry of the Environment and Water Resources (MEWR) or NEA could consider from the origin of the journey, make it mandatory for the contractor that loads the sand to carry out an inspection before the vehicle can even go out. That means, the contractor checks and ensures that the vehicle is properly covered and everything is secured before the vehicle even goes out. And if any vehicle is caught in breach, we not only go after the driver, but we also go after the contractor that allowed the vehicle to get out of the worksite in the first place.
11.09 am I thank the Member for the supplementary questions, as well as for his suggestions. First, as I have said earlier, any member of the public who actually observes such spillage on the road can report it to NEA. As I had also noted, NEA does stakeouts as well as deploy portable cameras for surveillance of such acts. Very often, our portable cameras are installed at hotspots where we have received quite a number of feedback cases and tip-offs about such spillage, for instance, near large construction sites or concrete batching plants where these vehicles often ply, in order to enforce against such vehicles and the drivers.
11.09 am I just wish to make a note that between 2016 and 2018, we received more than 300 instances of feedback on spillage on the roads from such trucks and lorries, and these numbers have been declining. So, the Member could follow up with NEA on the area that he is talking about.
11.09 am As regards the responsibility, as I have also said, upstream, we work with the commercial transport operators as well as the sand suppliers and remind them to inspect their lorry fleets frequently while making sure that their flap covers are operational. The drivers are responsible for ensuring that the flap covers properly cover the building materials before they drive off the site. That is why our Act makes them responsible, but we work with the vehicle owners to identify who the particular drivers are.
11.09 am As I have said, we will continue to see how we can engage with the commercial transport operators as well as the sand and building material suppliers upstream.
11.09 am End of Question Time. The Clerk will now proceed to read the Orders of the Day.
Estimates of Expenditure for The Financial Year 1 April 2019 to 31 March 2020 - Committee of Supply – Paper Cmd 19 of 2019 [(proc text) Order read for consideration in Committee of Supply [3rd Allotted Day]. (proc text)]
Estimates of Expenditure for The Financial Year 1 April 2019 to 31 March 2020 - Committee of Supply – Paper Cmd 19 of 2019 [Mr Speaker in the Chair]
11.45 am Head R (cont) –
11.45 am [(proc text) Resumption of Debate on Question [1 March 2019], (proc text)]
11.45 am [(proc text) "That the total sum to be allocated for Head R of the Estimates be reduced by $100." − [Mr Christopher de Souza]. (proc text)]
11.45 am [(proc text) Question again proposed. (proc text)]
11.45 am Senior Minister of State Edwin Tong.
11.45 am Chairman, I thank the Members for their speeches that were made last week and also for the various suggestions that were canvassed.
11.45 am The Ministry of Law's (MinLaw's) focus is two-fold:
11.45 am First, we continually update the legal framework to meet the people's needs as well as the businesses', that is, all those who call Singapore home. Fundamentally, our rule of law must remain strong. Our legal framework must have laws that are relevant and also updated.
11.45 am Second, we are strengthening Singapore’s position as the premier legal services hub for Asia, and beyond. This also supports and contributes to the continuing transformation of Singapore’s economy. We must continue to have a trusted system.
11.45 am I will touch on these themes, as follows, and I will begin by giving an update on my Ministry's efforts to continually update the legal framework to meet those evolving needs. Mr Christopher de Souza touched on this.
11.45 am On criminal justice, we passed extensive amendments to the Criminal Procedure Code and Evidence Act last year. We have since implemented most of the measures. My Ministry also worked closely with the Ministry of Home Affairs on wide-ranging amendments to the Penal Code and other substantive criminal laws that were introduced in Parliament earlier this year. A major focus of these amendments is to enhance legal protections for vulnerable victims of crime and ensure that our criminal justice framework addresses new forms of crime effectively.
11.45 am As for family justice, we set up a committee with the Ministry of Social and Family Development and the Family Justice Courts last year to build on the wide-ranging changes made in 2014. Its report will be released soon. We will consider the committee’s recommendations thereafter.
11.45 am Moving on to civil justice, we amended the Supreme Court of Judicature Act in October 2018 to enhance efficiency in Court procedures and allow the Courts to better manage proceedings. That same month, two committees, one convened by my Ministry and another by the Judiciary, proposed a number of changes to enhance the efficiency and affordability of our Courts. The public consultation on these proposals concluded on 31 January 2019. We are reviewing the feedback and will make the necessary legislative amendments this year.
11.45 am We will also work on legislation this year to strengthen the enforcement of civil orders.
11.45 am These proposals work together, and they also overlap with one another, to ensure that our Court processes continue to provide effective access to justice. And that must remain the hallmark of our judicial system.
11.45 am Mr Sitoh Yih Pin asked about promoting the use of mediation for commercial disputes. First, I am encouraged to hear about his story and also his very positive experience with the Mediation Centre. This vindicates the efforts of our mediation community to enhance mediation as an effective alternative dispute resolution tool.
11.45 am Litigants are currently encouraged to attempt an amicable resolution of their disputes through alternative dispute resolution (ADR). This can include mediation, neutral evaluation or even attempting to negotiate settlements privately.
11.45 am Two of the changes proposed by the committees relate to ADR: firstly, making it mandatory for parties to attempt to resolve their disputes before resorting to litigation; and secondly, empowering the Court to order parties to attend ADR if the Court is of the view that the parties had failed to reasonably consider ADR prior to commencing the legal proceedings.
11.45 am We recognise that ADR mechanisms, such as mediation, can be a valuable tool in resolving disputes or providing a forum for parties to ventilate key issues. We will decide how best to encourage the use of ADR after considering feedback on these proposals.
11.45 am Moving on to the area of community justice, Mr Patrick Tay asked about cases filed under the Protection from Harassment Act (POHA). As at 31 December 2018, 535 applications for Protection Orders have been filed. Of these, 213 Protection Orders and 193 Expedited Protection Orders were granted. These include applications by victims of workplace harassment. Ninety-nine applications for Protection Orders were referred to the State Courts Centre for Dispute Resolution. Of the 96 cases that completed mediation, 59 reached a settlement leading to a withdrawal of the application or the grant of a Consent Protection Order.
11.45 am Over the same period, 12 civil proceedings for statutory damages have been brought under section 11 of POHA, while 11 applications for non-publication orders under section 15 of POHA have been filed.
11.45 am Three thousand and eighty-nine Magistrate's Complaints have been filed for alleged POHA offences, while 51 Magistrate’s Complaints have been filed for alleged breaches of Protection Orders or Expedited Protection Orders. About three out of 10 Magistrate's Complaints, inclusive of those related to POHA, underwent mediation. And about 80% of these cases reached a settlement. One thousand seven hundred and fourteen criminal cases with POHA charges have also been commenced by the Attorney-General’s Chambers.
11.45 am We note Mr Patrick Tay's suggestion to track the types of cases filed and will work with the State Courts to explore this further.
11.45 am As for the reporting and publication of POHA cases, any person may ask for a copy of the Court’s decision. The Court may consider factors, such as whether the applicant has a sufficient interest in the action or any other legitimate reason for making the request in assessing whether to grant the request. In every POHA case, oral grounds of decision are provided to explain the Court’s reasons for its decision. As in all cases in the State Courts, full written grounds will be published if there is an appeal to the High Court on the matter.
11.45 am Mr Murali Pillai asked for an update on our review of the probate and administration regime. This review is taking place against the backdrop of a whole-of-Government effort to improve the experience of citizens and also their loved ones at the end-of-life. My Ministry is working with the Ministry of Health, the Government Technology Agency (GovTech) and also several other Government agencies to develop a Moments of Life Digital Portal to support Singaporeans as they deal with their estate management matters or those of their loved ones in the end-of-life journey. Features will also include step-by-step guidance on making wills and settling post-death estate matters. A beta version will be released by the end of 2019.
11.45 am On top of that, we are also considering ways in which we can simplify estate administration, how the process is for affected families, particularly where smaller estates are concerned. So, we are making the process simpler, more straightforward, less expensive for the simpler, smaller cases but, at the same time, also going upstream to help with estate management and planning prior to that stage.
11.45 am Mr Christopher de Souza and Mdm Rahayu Mahzam asked about legal aid. We recently amended the Legal Aid and Advice Act to simplify the means test, provide greater flexibility to grant aid and also improve on the overall administration of legal aid. These changes will be implemented in the second half of this year.
11.45 am On criminal legal aid, the number of accused persons assisted per year has risen after the Government introduced direct funding in 2015. the Criminal Legal Aid Scheme assisted almost 1,600 cases in 2018, almost four times the number of cases that were assisted pre-2015, before the Government funding. We will continue to review these schemes to ensure that persons of limited means, the right target clientele for this scheme, will remain assisted and will have access to justice.
11.45 am Mdm Rahayu Mahzam also asked about supporting lawyers' low bono efforts. We are working with our partners, the Law Society Pro Bono Services and the Singapore Academy of Law, to study how we can further enhance support for pro bono and also low bono efforts.
11.45 am Mr Chen Show Mao also asked about legal aid for arbitration in disputes over consumer contracts. As a general rule, legal aid is not provided for arbitration because it is a private, consensual dispute mechanism and it is typically used for high-value commercial dispute resolution. Nonetheless, I would like to assure Mr Chen Show Mao that there are several avenues available for such consumers to seek assistance and redress. Let me just outline a few.
11.45 am Before consumers undergo arbitration, they can obtain free legal advice from the Legal Aid Bureau (LAB) on the arbitration clauses in the contract. This can help consumers better understand their rights and obligations under the contract, and LAB can also provide substantive advice and also legal options available to the consumer. Consumers who then wish to take their dispute to resolution by arbitration in a quick and cost-effective manner can consider the Law Society's Pro Bono Arbitration Scheme, which adopts streamlined procedures and, more importantly, waives the fees of the sole arbitrators in those cases. If the consumer wishes to challenge the arbitration clause or the arbitration award, he can apply for legal aid for representation in Court. And LAB will represent such consumers if there are legal merits in his case.
11.45 am That said, if Mr Chen Show Mao is able to provide us with the specific case that he has encountered. In the example he cited last week, there is a case where a consumer is in a situation where he has got no choice over the entry into the contract. My Ministry will review the case and see what we can do to assist on a case-by-case basis. On top of that, we will also continue to monitor developments in this area with the Ministry of Trade and Industry since it concerns consumer protection and consider whether further steps need to be taken.
11.45 am A number of Members have asked specifically about the intellectual property (IP) regime in Singapore, and I will turn to that next. The Minister for Finance spoke about positioning Singapore as a "Global-Asia node of technology, innovation and enterprise" for our next phase of growth, so these are quite pertinent questions which Members have raised. My Ministry's efforts in the area of IP will support this push in four major ways.
11.45 am First, we are positioning our IP system to better support creators and innovators. Mr Patrick Tay asked about protecting the IP rights of creators. We will be amending the Copyright Act to better support creators in this digital age. For example, creators will find it easier to build their reputation as people who use their works will then have to properly acknowledge the creator. Creators of certain commissioned works will also enjoy default ownership of their works whereas, previously, the commissioning party would own the works.
11.45 am As for innovators, innovative businesses in data analytics will find it easier to mine data for analysis. Details can be found in the Copyright Review Report, a fairly comprehensive report which was released in January 2019.
11.45 am At the same time, we are also reviewing the IP dispute resolution system to make it more accessible, especially for individuals and small and medium enterprises (SMEs), so that they can more effectively safeguard their rights. We held a public consultation on proposed reforms in late 2018 and we are now studying the feedback that was received from the community for the next phase.
11.45 am Mr Patrick Tay also asked about helping Fintech startups to protect their IP. Last year, the Intellectual Property Office of Singapore (IPOS) introduced a FinTech Fast Track Initiative which accelerates the file-to-grant period of deserving FinTech patents to approximately six months, and that is in place of the usual two to four years. IPOS will extend this initiative for a further year to 25 April 2020. FinTech startups can also avail themselves of other assistance schemes available to Singapore businesses, some of which I am going to highlight.
11.45 am Second, we are helping Singapore businesses in commercialising their IP rights. Ms Jessica Tan asked about this. There are various forms of assistance already available to enterprises, in particular, SMEs and startups, on IP strategy and management:
11.45 am Businesses that need preliminary advice on IP strategies to support their business plans or on IP legal issues can tap on IPOS' IP Business Clinics and Legal Clinics. These are available to small businesses, individuals and sole proprietors, and approximately 600 businesses have availed themselves of the use of these clinics since 2015.
11.45 am IPOS also provides specialised consultancy services on IP audit, due diligence and strategy to help enterprises identify their intangible assets and also integrate them into their own strategies for growth and expansion. About 80 enterprises have benefited from these services, with close to 90% of them being either SMEs or startups. When enterprises seek assistance in developing their IP strategy management capabilities, eligible costs may also be defrayed under Enterprise Singapore's Market Readiness Assistance Grant and the Enterprise Development Grant.
11.45 am While there is still some way to go in encouraging businesses to leverage their IP growth and take advantage of the ecosystem, we have seen a number of success stories. One example is OTSAW Digital, an SME which builds autonomous robots for the security industry. IPOS assisted the company in developing its IP strategy – how to protect and manage its IP and, thereafter, exploit it, as well as other intangible assets.
11.45 am OTSAW now has internal processes to identify IP that is developed and to protect it appropriately. It is also more aware of IP-related issues when negotiating with other business partners and also, of course, potential investors. The company is now expanding internationally into Malaysia, Indonesia and the Chinese markets. We are naturally excited to see them grow as they leverage their startup position, IP rights, and look forward to observing their continued success.
11.45 am Third, we are making it easier for businesses to commercialise IP from the public sector. The National IP Protocol was developed and rolled out in April 2018 to encourage commercialisation of public sector IP and also research and development outputs. It streamlines IP practices in our public research institutes, universities and public agencies to reduce the time and effort needed to structure commercialisation agreements entered into with the private sector. This will foster greater collaboration between the private sector businesses on the one hand and the public sector.
11.45 am Finally, and in response to Ms Jessica Tan's question on job opportunities, we have also several initiatives to develop talent and create jobs in the IP sector. IPOS has partnered SkillsFuture Singapore to develop the first national level skills development framework for the IP sector. This will be rolled out in August 2019. This framework will provide comprehensive information on the career options, skills needed for the various job roles, and also the training programmes relevant for the IP sector. This will aid in the upskilling of new entrants and also existing IP professionals.
11.45 am IPOS has also partnered Workforce Singapore on the IP Professional Conversion Programme, and with SkillsFuture Singapore on the SkillsFuture Study Awards. These schemes provide financial support for the reskilling of newly-hired employees and for individuals who are seeking to deepen and broaden their skills.
11.45 am We are also developing programmes to ensure that trained individuals are recognised with certifications. For example, IPOS launched a Specialist Certificate in Intangible Asset Management in January 2019 and also collaborated with the Singapore University of Social Sciences to launch a Master of IP and Innovation Management programme in 2017. This year, the first batch of 14 students is expected to graduate from this programme, with another 21 expected in the next cohort.
11.45 am All these measures work towards ensuring that our legal system meets the needs of all, whether it is the man-in-the-street or businesses large or small who call Singapore home. Our legal system as a whole also plays a broader role as a supporting pillar for the next phase of Singapore’s economic transformation. On this, there are two interlocking aspects of my Ministry's efforts to provide this support.
11.45 am First, we are strengthening Singapore's position as an international legal services hub.
11.45 am Second, we are working to establish Singapore as a thought leader of international rule of law and pursuing international cooperation.
11.45 am These mutually reinforcing efforts together underpin our position in an increasingly uncertain world as a trusted, stable centre for law and business, and I would like to elaborate on these few points now.
11.45 am First, we are investing in strengthening Singapore's position as a premier legal services hub, both regionally as well as globally. This means strengthening our position as a dispute resolution centre, growing new areas to meet the demands of international legal services, and finally, promoting the use of Singapore law to meet business needs.
11.45 am There are three broad categories of efforts related to dispute resolution.
11.45 am First, we have been and we continue to position Singapore as a trusted and neutral forum for dispute resolution. We have done well in international dispute resolution, but we will continue to build on these efforts to further enhance our position. We are now the third most preferred seat of arbitration globally. The Singapore International Arbitration Centre (SIAC) is also the third most preferred arbitral institution in the world. And SIAC, along with the Singapore International Mediation Centre (SIMC) and the Singapore International Commercial Court (SICC), have all seen increases in caseload over the years. For SIAC, the highest caseload was 452 cases in 2017, of which 83% were international in nature. As for SIMC, as of 31 December 2018, it had received a total of 68 case filings from parties from more than 20 different jurisdictions. For SICC, 29 cases have reached SICC since it was established in 2015.
11.45 am Mr Murali Pillai asked for an update on SICC. Beyond just the caseload alone, what SICC has been working very hard on is to enhance the enforceability of SICC judgments.
11.45 am In 2018, our Supreme Court and the Supreme People's Court of China signed a Memorandum of Guidance on the recognition and enforcement of money judgments in commercial cases. This means that parties who have commercial dealings are much clearer on how any money judgments arising from disputes can be enforced against any other party, whether in Singapore or in China.
11.45 am Mr Murali Pillai also asked about third-party funding, for an update in the area of international arbitration. My Ministry has consulted a public consultation to obtain feedback from stakeholders on how the reforms have been working in practice. We also asked if there was a need to extend third-party funding to new areas.
11.45 am Generally, it has been positive. Mr Murali Pillai would be pleased to know that funders have seen an upturn in the requests for funding in Singapore and there has also been support for expansion. We are currently reviewing the overall framework, how it might work, including areas for potential extension into proceedings commenced in SICC and any appeals from SICC.
11.45 am Second, we must continue to invest in order to strengthen our leadership position. We are bolstering our infrastructure to meet demand and also support growth. The expansion of Maxwell Chambers is on track. The newly refurbished building located next to it, the Maxwell Chambers Suites, will be launched in the third quarter of 2019, shortly. This will add 120,000 square feet of floor space and triple Maxwell Chambers' current size.
11.45 am But it is not just about size or how big the physical infrastructure is.
11.45 am We need to deepen our collaborations with international institutions. And on this score, we have attracted top arbitral institutions to set up offices in Singapore. The International Court of Arbitration of the International Chamber of Commerce, for instance, has set up a case management office here. The Permanent Court of Arbitration has its new office in Singapore, its first in Asia. SIAC has also signed memorandums of understanding (MOUs) with a number of Chinese institutions in 2018 alone. China International Economic and Trade Arbitration Commission, one of the leading commissions in China for dispute resolution, an MOU was signed in 2018. Likewise, an MOU was also signed with the Shenzhen Court of International Arbitration as well as with the Xi'an Arbitration Commission.
11.45 am As far as mediation is concerned, SIMC signed an MOU in 2018 with the Asian Development Bank to help resolve disputes that may arise in infrastructure public-private partnership projects, and an MOU with the China Council for Promotion of International Trade Mediation Centre in January 2019.
11.45 am Further to our efforts in enhancing Singapore's attractiveness as a forum for dispute resolution, we have also identified several high-growth practice areas to develop.
11.45 am First, in the area of insolvency and debt restructuring. We amended the Companies Act previously and now we have got an omnibus Act that was passed in 2018, the Insolvency Restructuring and Dissolution Act. And that was the final piece of principal legislation in our phased implementation of the recommendations of the Law Review Committee as well as the Committee to Strengthen Singapore as an International Centre for Debt Structuring.
11.45 am So, we now have legislation that seeks to properly balance the interests of debtors and creditors as they are undergoing restructuring in Singapore.
11.45 am The Act, which we target to bring into force this year, benefits local businesses needing help, positions Singapore as a location of choice for foreign debtors to restructure and also creates new opportunities for insolvency professionals, distressed debt funds and also financial institutions.
11.45 am Second, in the area of Projects and Infrastructure. We have taken steps to capture the increasing demand for legal services in this area. Infrastructure Asia, Singapore's infrastructure office, was launched in October 2018. This is an office set up by the Monetary Authority of Singapore, Enterprise Singapore, and supported by MinLaw through our Professional Services Programme Office. It provides a platform for information exchange on infrastructure opportunities in Asia, facilitates investments and financing, and gives Singapore-based infrastructure players access to these opportunities.
11.45 am In the same month, we also launched the Singapore Infrastructure Dispute-Management Protocol. It helps to proactively manage differences to prevent them from escalating into disputes and also minimise the risks of time and cost overruns, all of which aimed at enhancing and improving on the large-scale infrastructure ecosystem in Singapore.