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PE: Law minister emphasises provisions in Constitution
By S Ramesh | Posted: 20 August 2011 1929 hrs

  Mr K Shanmugam
 
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Special Report
Presidential Election 2011


SINGAPORE: Singapore's Law Minister K Shanmugam said Singapore would need to change the Constitution to allow the President to speak whenever he likes and on whatever topic he likes.

He also said no lawyer has told him that what he said about the powers and roles of the President as defined in the Constitution is incorrect.

Mr Shanmugam was speaking on Saturday at the Singapore Legal Forum which discussed job opportunities and challenges for young and future lawyers.

A participant at the forum wanted to know if Singapore goes by the strict interpretation of the Constitution when it comes to the elected president.

Mr Shanmugam said: "The rationale is very simple. You speak as a voice of the government, whichever government is in power and you represent the State. If you get engaged in politics as a combatant, the institution is demeaned. There are very powerful reasons for this approach.

"In 1990, what we did was we took the Constitutional Presidency and we added on specific powers in five areas - detentions without trial, reserves, key appointments including appointments of Chief Justice, Judges and Attorney General, and a few other areas.

"There can be no basis for any doubt if you read the White Papers as to what these five additional powers were meant to be, and it doesn't change the nature of the Constitution and the Presidency.

"Rather than being a politician in the matter, if you look at it as a lawyer there can be no doubt. And I haven't seen any lawyer come and say what I am saying is incorrect."

The four presidential candidates have been speaking on the role and powers of the president.

Mr Shanmugam rebutted a point raised by a participant at a recent forum who had suggested that his view contradicts then-Prime Minister Goh Chok Tong's comments on the powers of the president.

"I noticed from today's newspapers that Mr Harpeet Singh Nehal has misquoted me. He says I have indicated that the president can't speak as advised by the Cabinet, which I have said and that Mr Goh Chok Tong had said that it was good to hear President Ong Teng Cheong speak on specific issues and he put it forward as a contradiction," said Mr Shanmugam.

He added: "That is a misunderstanding of the position, a misunderstanding of what I said because I also said except as provided in the Constitution, one of the areas provided where the president has specific powers is the reserves.

"And President Ong spoke about the reserves and (the) then-prime minister said this is a good thing that the president exercises his powers and speaks about it."

Mr Shanmugam said that as President Ong Teng Cheong had spoken about issues relating to reserves, it is one of the areas that the president can speak publicly about.

- CNA /ls

 



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