Hougang By Election: Is ‘shall’ the same as ‘must?’

20120513-211345.jpg

Few days back one evening, I was passing by the coffee shop at Elias Mall. I saw Taxi Ong sitting alone drinking his beer. When he saw me, he was so agitated and insisted that I sit down with him. He straight away ordered two bottles of Tiger beer for him. He knows I only drink Tiger whilst he drinks Heineken.

Taxi Ong was already quite tipsy having drunk few bottles by himself. It was his off day. Those people from the neighborhood would gather there to chit chat and while away their time either drinking coffee or beer in the evening. Sometimes, they read newspapers there. They call me ‘MRT’ whenever they see me around.

Their congregation at the coffee shop to chit chat sometimes leads to arguments and even turn hostile at times. When it touches on MRT issues, they would look to me as an authority and I turn out to be the arbitrator of sort.

I’d just give my views and say things are not that simple actually. There are many factors or inner issues which I also don’t know etc to pacify them. If they don’t see me around due to working the afternoon shift, they would say just wait till I appear for clarification.

When I saw Taxi Ong, I thought it’s a MRT related issue he need to enquire about. After I sat down, the agitated Taxi Ong asked me. “MRT, you just tell me is ‘shall’ the same meaning as ‘must’ or ‘will’?”. “What do you mean by that?” I asked. “It’s about the Hougang By Election issue where the law says the PM ‘SHALL’ call for a By Election. ‘Shall’ in this case means ‘must’ or ‘will’? Am I right or wrong?”

I just told Taxi Ong that in legal terms or if you just look at the law book, they don’t use ‘must’ or ‘will’. It is always ‘shall’. For example you shall be fine and jail. You shall be charged for this offence or you shall comply with the law etc. So in a way, in legal terms, the word ‘shall’ means ‘must’ or ‘will’ in our layman’s terms.

Wow! That really hit his ‘G-spot’ and he gone ecstatic! Taxi Ong was so delighted by my statement! He felt so vindicated! He was full of smiles compared to his earlier moody expressions.

He thought of asking the newly assigned to this coffee shop, young and sexy nubile PRC Tiger promoter for another two bottles of beer. He forgot that he had just ordered two bottles for me. Was he distracted by the persistent swaying bottoms of that seductive PRC or was he too excited that I agreed with him? I stopped him telling him that I can’t finish them.

Taxi Ong then let the cat out of the bag. Whilst he ‘puji’ me incessantly, he related how he was ‘cornered’ and ‘attacked’ by three or four others at the same coffee shop few days back. They ‘gang’ up and ‘belittled’ his English. They accused him of not understanding simple English when they had a heated debate over whether the PM had to call for a By Election in Hougang. They said it’s Primary Six English refering to PM’s calling for By Election is not ‘compulsory’ or a ‘must’. ‘Shall’ to them is not a ‘must’, ‘will’ or ‘compulsory’ as simple as that. Even those Primary Six children know about the word ‘shall’ and you don’t understand? They were all laughing at him. He felt so ‘malu’ and ‘dulan!’

20120514-020724.jpg

When Taxi Ong wanted to use his handphone to call his ‘graduate daughter’ to clarify they stopped him. Taxi Ong told me that they were too much. They even refused to allow him to call his lawyer friend to clarify the matter. They told him not to waste time doing that.

My gut feeling told me that Taxi Ong was having sleepless nights after that incident where they belittled his English and sneered at his understanding of the English word ‘shall’ in the legal context. When he saw me, he was looking desperate to consult me. My reply seems like an antidote to his agitated demeanor.

I told him actually he could just use his smartphone to search for the meaning of the word ‘shall’ in the net. The definition is there. In fact, I did show him the various definitions of the word ‘shall’ on my iPhone. It’s clearly stated there. If only you had shown them, then there wouldn’t be any argument.

20120514-015316.jpg

Why are you sitting alone and not joining them over there. He declared that he would not be sitting with them anymore cuz they are ignorant and ‘no standard’. “MRT, I know you are very knowledgeable. You are the correct person to discuss national issues in a meaningful and intelligent manner.”

We then proceeded to discuss further about this Hougang issue. He wiped out his wallet. I thought he wanted to order some more beer but before I could say anything, he deftly produced two pieces of ST newspaper cuttings with some highlighted portions of Dr Thio Li-ann’s comments. Ong knows that Dr Thio Li-ann was an NMP and currently law professor at NUS. He started telling me that PM ‘shall’ meaning ‘must’ hold the By Election. (That was before the annoucement of By Election date.)

Calmly I explained to Taxi Ong that he was correct but the law did not actually specify the time frame. It could even be until the next GE! The law only says ‘shall’ which means must hold a By Election but doesn’t say when.

The PM has the full discretion of WHEN to hold it. PM didn’t say he won’t hold it. In fact, he already said he would hold it. But we don’t know when it will be held only. That is why that Indian resident from Hougang, Mdm Vellama Marie Muthu is asking the High Court to decide if the PM ‘must’ do so within 3 months or 6 months or whatever. The case is before the High Court to interpret and decide on the By Election law.

Not satisfied, Taxi Ong insisted by quoting those law experts with his newspaper cuttings that the PM must do it as soon as possible at convenient speed. I again explained to Taxi Ong that only the High Court could decide and order the PM to comply with the law according to its interpretation.

It’s similar to an accused person committed an offence but we still need the court to convict him and pass sentence. The police or anybody else except the court has no power to convict and sentence that offender.

Taxi Ong was quite satisfied with my explanation. He told me he’s looking forward to the Hougang By Election which will definitely be held soon. Suddenly he asked me if I would like to join him and his friends to Batam over the weekend? No. Thank you I have to work. “Alamak! I always see you working. You must know how to enjoy life and relax lah!” he says.

I was too lethargic or don’t bother at all to tell him that I had to work extra long hours earning extra money on most of my off days or working days just to supplement my miserable pay to cope with runaway inflation. Who cares or bothers anyway?

The next day, PM announced nomination day on 16 May 2012 for Hougang By Election. 26 May 2012 is the polling day.

Mdm Vellama Marie Muthu has withdrawn her High Court petition through her lawyer. It’s now no longer sub judice to discuss it.

Most of us including that Taxi Ong will still continue to discuss and debate whether PM ‘must’ within 3 months or 6 months or whatever time frame at ‘convenient speed’ hold a By Election in the event that seat is vacant.

This issue is still not resolved. It will continue to haunt us in future if another ‘Hougang’ surfaces. There is no way to settle this controversy unless the law is very clear on this. Parliament will need to ‘amend’ this ambiguous By Election law or the High Court will have to decide and resolve this ambiguity once and for all.

Meanwhile, let us look forward to the outcome of Hougang By Election – one year after that watershed GE 2011.

Read related article here.

MPs debate by-election laws in Parliament.

My previous blog post on Hougang SMC where I used to live.

Advertisements

About Gintai_昇泰

I'm a Chinese Singaporean living in the Eastern part of Singapore. I tweet on current affairs & inspirational quotes. I blog on issues or events if they interest me. I write for pleasure. I also write mainly for my family and friends.
This entry was posted in Langgar. Bookmark the permalink.

17 Responses to Hougang By Election: Is ‘shall’ the same as ‘must?’

  1. Pingback: Daily SG: 14 May 2012 « The Singapore Daily

  2. Oh. I read earlier that she was withdrawing the case? It seems she has changed her mind due to ‘costs!’. There is more drama coming up.

  3. Macy says:

    You see our PAP is so capable of (comment removed). The law exists to resolve ambiguity and to be used as a sovereign tool for a leader to do the right thing. Instead of doing the right thing, our clown do thing right for himself and his party. This is not politics but (comment removed). If the PM is fair, he should be affirmative that the by-election be hold as soon as possible and not play with technicalities of words in the first place using his legal team. In the end, his act backfires, and his team endup as been backstab by none other than PM himself due to his indecisiveness and poor judgement. the reputation of his team suffers and endup in ridicule in history, karma happens. At the end of the day, it is not really the SHALL or MUST , it is the act of doing the right thing according to prudent judgement of ruling a nation in a fair way regardless of party. PM forgets that as a PM and as a minister, they are liable to serve the people of the nation foremost , and not to their party, and they get this so wrong and now make to look like a fool in the world. If they get the foundation wrong, nothing else matter.

    To illustrate , Just use the ten commandments
    Some of the commandments are :
    You shall not murder.
    You shall not commit adultery.
    You shall not steal.
    You shall not bear false witness against your neighbor.

    Can we interpret these in the same way as the by-election by the PM as “It is ok to murder , steal commit adultery now and then, until we stop these act in the future with my own timeframe ” since timeframe eventually endup as a excuse by PM in delaying by-election ? Do we not agree that these wrong acts should not be done in the first place ? If so, it is nothing to do with SHALL, it is just a matter of doing the right thing.

    If the PM is incapable of doing the right thing , what law are we talking about ? LOL

  4. Anonymous says:

    What happen to the “Joe White” story? Why was it pulled?

  5. agongkia says:

    Anon 1426
    I guess Joe white story was pulled out cos he SHALL be more tulan than taxi ong.
    But i dun understand why taxi Ong got so angry over this.
    Why is everyone getting angry so easily nowadays.Gintai must buy them liang teh

  6. Agongkia,
    Tiger beer will be better. If u come to Elias Mall coffee shop u can enjoy good service from the sexy PRC promoter. She just replaced the local aunty promoter! Coffee shop getting crowded becuz of her. Check it out.

  7. agongkia says:

    Sorry Gintai
    I only support local talent and local auntie.Only local auntie can make me drink comfortably at kopitiam.We SHALL support our local auntie.
    I prefer the lauswee lauswee auntie than the dragon girl.Local first.Singaporean auntie first

  8. Agongkia,
    Maybe you SHALL let our Tiger beer know your preference. Every coffee shop I go it seems that the local aunty beer promoters are slowly being replaced by those sexy young PRCs. I am speaking about facts. You know Blk 56 New Upp Changi Rd coffee shops all having PRCs as Tiger beer promoters. Our local aunties can’t “cari makan!” anymore. Perhaps you are not aware of this fact. You go check it out. Slowly all of us SHALL be replaced by PRCs in no time. My Indian and Malay frens kept asking me “Where are the local Chinamen? Extinct is it?” Langgar.

  9. agongkia says:

    You SHALL help local beer promoters aunties by drinking whatever local aunties promote and not stick to your Tiger .
    My suggestion : BEO where are the local beer aunties and order whatever beer they promote..Local beer auntie promote Dester,you drink Dester,they promote Ang Chee Kow,you drink Ang Chee kow,Becks,you drink Becks.The smile by the local aunties is more natural than the dragon girl.When you report for work the following day,Just think of local aunties’s smile , the train SHALL never break down.

  10. Agongkia,
    If the train shall never break down, I will listen to you and sacrifice my preference. Just to make Singaporeans happy, I will do what you suggest! Cheers!

  11. Let it be says:

    Hahaha….

    ‘Huangshang bu ji, tai jian ji’, the Government
    and its’ Members were non-chalant, the Law
    keepers were not bothered, yet the plebeians
    were soso concerned.
    Oh Yes, only the Hougang Voters have the GUT
    and Sinkies are looking eagerly forward for them
    to show their indignation to the MIWs.

  12. Let it be,
    In parliament, MIWs and MIBs clashed. Now the battle between them thru proxies are out in the open at HG. This time, the plebeians are able to participate for 9 days by cheering their favourite teams openly. It’s going to be as divisive as the last GE2011! Battle lines are already drawn and manpower mobilized for the greatest showdown of the year! More exciting times ahead. That I can assure you. Will you be part of this historic event?

  13. lew lian ong says:

    The real reason to drink whatever beer the local “aunty” is promoting is because she may have a few mouths to feed, i.e fellow sporeans, young and/or old.

    Charity and support should always begin with the ‘family’ ( sporeans minus the minted ones ) and we sporeans should learn to look out for each other first before foreigners. This to me is the golden rule and sadly not perpetuated by the MIW.
    MIW merely look after MIW….and only a loyal sporean can see this, that MIW are txxxtors.
    The majority in Hougang who voted for WP are loyal sporeans and will always have my respect.

  14. sober drunkard says:

    ‘Zui weng zi yi bu zai jiu'(the drinker’s focus is not on the drink(beer/sake/liquor).

    Glad to know that there are many Singaporeans caring for their fellow countrymen.

  15. Let it be says:

    Exciting indeed! Gintai.

    With the Four Names mentioned in CNA Newscast today, one is very likely to lose his deposit if he contests.
    The Other One too, will risk his deposit because the Voters in Hougang and all Singaporeans will see him as a…………… And in future there is only one political party that he could be member, if that party is willing to accept him, otherwise he will be forever an independent participant in political contest unless he sets up his own party. The Question really is; will Singaporeans ever trust him anymore?.

  16. Let it be,
    Let’s not speculate on the participants. We shall wait for tomor i.e. Nomination Day to confirm the participants. It’s better not to make a fool of himself to just bash in like this for cheap publicity. Nowadays, the voters are quite discerning unlike before. They know what they want. It will exciting tomor. Just hold your breath.

Comments are closed.