詹时中:我有权撤换林睦荃

Translated by Donaldson Tan

This is a non-verbatim translation of a Lianhe Zaobao report 《詹时中:我有权撤换林睦荃》 dated 04 November 2010. This article was first published as a New Asia Republic Facebook Note on 5 November 2010.

The Chiams: Staying resolute together

The Chiams: Staying resolute together

Mr Chiam See Tong does not recognise the decision made by the Supreme Executive Council (SEC) of the Singapore Democratic Alliance (SDA). In an email sent yesterday, he insisted that he has the right to replace Mr Desmond Lim. Mr Lim is the Secretary-General of the SDA while Mr Chiam is the Chairman of the SDA.

Both Mr Chiam and Mr Lim backed their claims citing the constitution of the SDA. However, according to political observer BryanT, Mr Chiam’s efforts would be futile no matter what he says.

“The fact that Mr Chiam did not attend the SEC meeting to convince the other SEC members on the issue of replacing the Secretary-General already indicates that he has given up on the issue,” said BryanT.

According to Mr Chiam, Clause 11 of the SDA Constitution grants each component party the right to replace party representatives to the SDA SEC. Moreover, the Singapore People’s Party has already appointed another party member to replace Mr Lim in the SDA SEC. Mr Chiam emphasised that the Singapore People’s Party (SPP) does not recognise Mr Lim as a SPP representative to the SDA SEC.

“On 4 October 2010, the Central Executive Committee (CEC) of the SPP decided, on the basis of Clause 11 of the SDA Constitution, has decided to replace Mr Desmond Lim as a SPP representative to the SDA SEC. The SPP does not recognise Mr Lim’s political office in the SDA,” wrote Mr Chiam in his email to Zaobao, signing off as both the SPP Secretary-General and the SDA Chairman.

In response, Mr Lim cited Clause 8 of the SDA Constitution which states that the Secretary-General’s term of office lasts for 2 years. This implies that until the Secretary-General’s term has lapsed, the Chairman cannot replace him.

On 3 November 2010, the SEC decided that only the Secretary-General is qualified to speak and negotiate on the behalf of the SDA. However, this was refuted by Mr Wilfred Leung. Mr Leung is Mr Chiam’s legislative assistant and the Assistant Secretary-General of the SPP. Mr Leong said that Clause 9 of the SDA Constitution states the Chairman is SDA’s point of contact for external communications.

However, on the condition of anonymity, a lawyer who had helped to draft the SDA Constitution informed Zaobao that Clause 10 states that the power of policymaking is vested in the SEC, not the Chairman. This means the Chairman can only make statements on behalf of the SDA after gaining approval from the SEC.

Zaobao subsequently showed the SDA Constitution to Assistant Professor Eugene Tan of the Singapore Management University’s School of Law. However, Assistant Professor Tan was unable to point out which side has a stronger case.

“This is a stalemate. Each side insists they abide by the constitution while claiming the other party acted unconstitutionally. Will they blow matters up and bring their dispute to the Court, just like how the Singapore Malay National Organisation (PKMS) did?” said Associate Professor Tan.

Mr Chiam wrote in his email, “My goal in life is to serve the people, not for personal gains.”

Below is the Mandarin script of the original Zaobao report.

詹时中:我有权撤换林睦荃

(2010-11-04)

詹时中不承认民联中委前晚所做的决定,昨早还发电邮坚称他拥有撤换林睦荃的权力。

双方各自引述民联章程来证明本身的说法有效。不过,据政治观察家布莱恩蒂说,詹时中再怎么辩解,现在都已经没有用。

“既然他没出席中委会议,以说服其他中委接受人民党撤换秘书长的决定,就表示他已经认输。”

詹时中引述民联章程第11条,即成员党有权撤换其在民联的代表,并重申人民党已委任别人取代林睦荃作为民联代表,林睦荃在民联的职位并不受人民党承认。

他以人民党秘书长、民联主席的身份发给记者的电邮中说:“人民党已在10月4日的人民党中委会议上,按照民联章程第11条,委任别人取代林睦荃作为民联代表。他在民联的职位并不受人民党承认。”

对此,林睦荃昨天搬出民联章程第八条,指出秘书长等职务的任期是两年。也就是说在任期结束之前,主席没权撤换他。

民联中委会前晚决定林睦荃是唯一有资格代表民联对外发言和同其他政党谈判加盟的中委。对此,担任詹时中法律助理的人民党中委梁威立昨天说,根据民联章程第九条,主席的职务是代表民联对外接洽。

林睦荃昨天请一名自称协助起草民联章程的匿名律师搭线,对本报记者说根据民联章程第十条,制定政策的权力在于民联的执行委员会,而不是主席,主席须得到执委授权,才能代表民联发言。

本报把民联章程传给新大法律系助理教授陈庆文看后,他表示无法明确指出哪一方的说法比较具合法性。

他说:“这是一个僵局。双方都坚持自己有遵守章程,而对方则没有。他们是否会如民联的另一个成员党马来民族机构那样,把事情闹上法庭?”

詹时中在电邮中说:“我的人生目标是为国为民服务,而不是为了谋求私利。”