Nonsensical to say no need for by-election

Section 49(1) of the Singapore Constitution makes it very clear that if a parliamentary seat has become vacant, the vacancy shall be filled by election.

To me, that is all the answer we need to the question whether a by-election must be held in Marsiling Yew-Tee now that Halimah Yacob has resigned her parliamentary seat. The clear answer is Yes! The Constitution is the Supreme Law of the Land.

To those who contend that no by-election needs to be called because Section 24(2A) of the Parliamentary Elections Act states that for a Group Representation Constituency (GRC), no election shall be called unless all members of the GRC have vacated their seats, my answer is that this provision is unconstitutional and inconsistent with Section 49(1) of the Constitution and must be struck down.

Section 24( 2A) is also illogical and makes a mockery of democracy. Does it mean that if 5 out of 6 MPs in a GRC vacate their seats, the PAP government is still able to claim that there is no need to call a by-election? That would be nonsensical!

In the case of a minority member vacating his/ her seat in a GRC, there is even more reason to call a by-election. Minority representation was the PAP’s avowed rational for the GRC system, to ensure minority representation in Parliament. The minority member is therefore the linchpin in any GRC. One can say that he or she is the foundation of the GRC.

Without the minority member, there is no GRC. Once this linchpin has been removed, there is no more basis for the remaining members of the GRC team to continue on as MPs.

A by-election must therefore be called.

 

* Facebook post by Tean Lim.

 

 

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48 Responses to “Nonsensical to say no need for by-election”

  • Singaporeans Know...:

    The further a society drifts from the truth. The more it will hate those who speak it.

    Vote bravely at PE 2017. We got nothing to lose!

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  • They say, They do, They win:

    We understand those White Eunuchs who read Law are serving the emperor’s interest. But how come WP has many lawyers too, why didn’t they rebut KeeChiu Chan in parliament after they raise the question?

    We need to give Tean Lim a seat in the parliament!

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  • Fooled Again:

    Reasonable people will think, assess and evaluate a situation fairly and sensibly vis-a-vis the relevant section of the Singapore Constitution in regards to the By-election. In this instance, Section 49(1) as explained by Tean Lim. Unfortunately, if the leaders chose to be indifferent and unreasonable (remember who is Judge and Law), nothing is going to change.

    Time and again this has happened and time and again the blind 70% continue to be fooled. Hope you learn your lesson, Marsiling residents! Anyway, you will get a grassloot Advisor. “Boh hir hay are hor” (No fish, shrimp also jadi).

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  • Ah Peng Kia:

    The PAP has been tweaking laws, and the constitution, imposing their interpretation of the same, and justifying their actions. This is classic “ownself check ownself”. Sadly, Singaporeans themselves have allowed for this to happen, and perpetuate. Singaporeans don’t seem to realise that one day, this “ownself check ownself” style of governance will doom the citizens to a lifetime of servitude.

    We already lack free speech, freedom to manage our own retirement funds, and even schools don’t let you choose subjects you are good at nor cultivate talents. We also lack labour laws protection for workers, to the extent that employees can be contracted to work for no pay (pay only dependent on sales or business). No CPF, no medical benefits, no leave. Employees carry all the risks without the benefits or any protection from being taken advantage of by employers. How can that be?

    The lackluster record of this generation’s PAP leadership is already clear for all to see. It is the survival of their power and protection of their wealth that drive the laws and policies of this nation, much to the detriment of the citizens.

    GD Star Rating
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  • PAP.SURE.WIN:

    Dear Tean Lim,

    Why are you so kay po helping Singaporeans who do not want your help?

    REMEMBER JBJ and ROY?

    JBJ and ROY and CHEE were ABANDONED by their so called supporters to face the harsh reality of bankruptcy.

    NOBODY WILL STICK WITH YOU.

    REMEMBER THIS.

    Stay with us PAP and you enjoy the highest standard of living like Grace Fu who now has even higher standard of living.

    GE2020.PAP.Guarantee.Win.All
    Majullah S$1 to RM 3.13
    Majullah PAP to Eternality

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  • Disrespectful, not acceptable:

    This “President” was known since as far as February.
    BUT;
    This is a dangerous clear indication that they have the tendency to do or conduct wayward things, far damaging and beyond redemption to the loss of many poor Singaporeans. Sadly, we know it but many are just too timid to admit it. But this act is blatantly, disrespectfully slapping peoples face. I find it not acceptable.

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  • PAP cannot be trusted:

    What Team Lim says is true but PAP does not care. Singapore is a police state run by PAP. The Constitution is just window dressing. In Singapore, it is “rule by law” instead of “rule of law” and PAP is above the law. It controls the Courts so whatever is says and does is “lawful”.

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  • NotMyProblem:

    I just cannot see why PAP is so afraid of Election. With so many things that PAP is claiming it has done correctly and wonderfully;- Like train service is 3 times better, the better education, unemployment rate went down and housing cost stable etc. PAP should be very proud and call a by-election to prove to Singaporeans that everything is fine and dainty.

    Further there are about 40% of the voters are new citizens in this GRC, mainly from Malaysia, PRC and Pinoy. There are 20% true blue working in areas like Jurong, Tuas and Woodland. These people are totally apolitical with brainwashed minds, blaming “what can the opposition do”. So this 60% is guarantee!!

    So you see it is a very likely chance PAP will win in this by-election, just like Bukit Batok. So PAP should go for it, why no ball?

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  • Maxchewy:

    I’m sure LHL is now deliberating with his cabinet whether to call for a bye-election in the western GRC of Marsiling where the Malay seat was left vacant by Makchik HY who suddenly resigned in order to stand for the presidency in the forthcoming PE next month. His sole reason if he’s doing it is to avoid another round of tussle in the Supreme Court over the same issue in the single constituency of Punggol East back in 2011. He lost that one and had to call for a BE where the WP candidate Lee Lee Lian promptly won! But this time it involves a 4-member GRC and the vacant seat belonged to the minority member Makchik HR who suddenly left for the highest office of the land!
    Whether a BE is warranted in this case does not depend on the PM nor his Govt but on what the Constitution says. The C over-rides all other laws new or old and must be obeyed and enforced by the Courts! Isn’t it plain enough?
    Go ahead Dr Chee…..if the Loong is adamant not to. We will all support you in spirit and in donations for legal representation!
    MC
    13.8.17

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  • Sue:

    In fact, as I see it the whole GRC thingy is a mockery of a democratic society. We should be voting for individual MP to be in parliament & not vote in a group. We may not see fit that all the 6 MPs are equally capable & upright in character. In this situation we are forced to vote in the whole group. We should scrap this GRC thingy altogether!

    In this case if 1 or 5 MPs resign it only makes sense to have a by-election to justify the implementation of GRC! So, if 1 MP resigns, the rest of the group MPs should resign at the same time to trigger a by-election for M-YT GRC!

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  • Pool the Money:

    Lawyer Tean, so, how much you need, pool it up fight for constitutional rights. This is everyone business.
    Don’t just talk no action.

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  • 陈大婶:

    龙哥 !太棒了 ! Loo of Law .

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  • Mainstreet Citizen:

    The one-party government with so much power thru the years have legislated laws that are contradictory for its’ own convenience and interpretation to use whichever one that it deem fit to serve its’ political interests.

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  • rukidding:

    What can you do when a “crooked Leeder” “controls the whole state organ” ??

    Just PRAY and let GOD do the rest of the work !

    We however do need Religious Leaders themselves to be “Upright and Just” and “not be a Puppet” nor be “tempted” with “rewards” ! .

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  • Who are you to challenge it?:

    Nonsensical to say no need for by-election? This is PAP rule of law here. Who is to question it?

    When Minister Chan Chun Sing said there is no need for a by- election, there will not be a need for it. His word shall be the law. That is good enough. The PAP rules Singapore.

    When we say you need a Malay EP this time, there will be a Malay EP this time. Who is Dr. Tan Cheng Bock to challenge it.

    And when we said President Wee Kim Wee was the first Elected President, he was the first Elected President. Even the AGC and the courts agreed with it. Who are you all to question it?

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  • judge to rule against it?:

    Minister Chan Chun Sing said there is no need for a by-election. Will any judge dare to rule against it?

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  • Patriot Tan:

    As a man on the street, I too think it is nonsensical not to have a by-election when a member of the GRC vacates the seat especially for a new political contest for example this means LTK of Workers Party could quit his seat at Aljunied GRC to contest at the recent Bukit Batok By-election without WP possibly losing control of Aljunied GRC. If LTK won, then WP has another constituency.
    PAP government thinks we, citizens, are fools like our grandparents.

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  • there will be no by-election:

    The Constitution is the Supreme Law of the Land? We have the majority in Parliament and we can change the Constitution as we like. We can change the law as we like.

    So it will be a Malay Elected President this time.

    And there will be no by-election at Marsiling-Yew Tee GRC.

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  • put unpopular measure in place:

    Lim Tean: Without the minority member, there is no GRC. Once this linchpin has been removed, there is no more basis for the remaining members of the GRC team to continue on as MPs.

    The GRC concept was set up to place obstacles for the oppositions. The idea of a minority representation was a logic we needed to come up with to justify the new ruling.

    You all didn’t understand. We needed a strong and stable government to take the tough decisions to bring Singapore forward.

    We could not afford to be sidetracked by having to constantly deal with the nuisance of the oppositions then, so we needed to cook up something to give us those massive walkovers in the subsequent General Elections to buy us the time to put those unpopular measures in place.

    As you all can see now, we have so many modern skyscrapers and so many foreigners want to come to live and work in Singapore today. We have done a good job.

    GD Star Rating
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  • LIONS:

    Tean,hurrah!

    spoken like a real lawyer,a true blu law-abiding sg and brave LION!

    VOTE LIM TEAN COME HEXT GE.

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  • Utmost disgard to the rules..:

    The government has more than often interpreted rules and the rule of law to meet is own agenda; to ensure its (PAP) survival. Every organ in the state is controlled by the government. The local media is not allowed to report on anything that would put the government in defense.

    If Mdm. Halimah really thinks that she represents women and the Malays then she should quit the race. This election is rigged in her favor. She can never say that she won the presidency in a dignified way. It will be an embarrassment to all of us especially the Malays and women.

    I think women can achieve greatness in their own rights. However, the government does not think so. It does even acknowledge the fact that someone other than a Chinese can be the PM of Singapore. LHL decides almost everything for us and he has said in an interview that Singapore is not ready for a non-Chinese PM. Do not the people of Singapore decide who they want as their PM?

    The PAP and the government are putting non-Chinese people in some key positions that they can control. It is a whitewash to show the world that they actually care for all Singaporeans. When will we wake up and support the opposition now and during the elections?

    GD Star Rating
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  • Burke's Law:

    They make thier own laws and use them to their advantage. No matter how inconsistent with other sections they have the final interpretation. Only way is to get rid of them in the next GE.

    GD Star Rating
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  • MarBowling:

    Towards his last few years of his life, Lee Kayu was able to see through his DSon Mai Hum and his talented DIL HoLee Jinx. Although bedridden and wheelchair-bound, his mind was still functioning and alert…which is why in his seventh and FINAL WILL, he didn’t put Mai Hum as one of the executor of his WILL! He realized his DSon has all his ruthless, sneakiness, gift of the forked-tongue, cruelness characters BUT NOT HIS BRAIN AND SHREWDNESS! No wonder Lee Kayu finally died STANDING! So he was not joking when he said “even when they lower me down the grave, I would get(STAND) up, if things go wrong in SinKapore”!

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  • Maxchewy:

    Short addendum to my commentary above…..
    Which part of the Constitution abt mandatory elections and re-elections you don’t understand Mr Prime Minister?
    Can always clarify with your AG DAG and a host of other legal experts in the judiciary! They are all your men.
    Please to make a wise decision asap. A by-election is definitely called for according to the C whether you liked it or not!
    This is a supposedly democratic country NOT North Korea or some other dictatorial non-democratic countries in the East. Pl bear this in your mind when you give your National Day speech this Sunday! I’ll be watching…..
    MC
    14.8.17

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  • asd:

    No need call and waste $ to vote la .. . waste time . .

    GD Star Rating
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  • GS:

    Ah Peng Kia:
    The PAP has been tweaking laws, and the constitution, imposing their interpretation of the same, and justifying their actions. This is classic “ownself check ownself”. Sadly, Singaporeans themselves have allowed for this to happen, and perpetuate. Singaporeans don’t seem to realise that one day, this “ownself check ownself” style of governance will doom the citizens to a lifetime of servitude.

    We already lack free speech, freedom to manage our own retirement funds, and even schools don’t let you choose subjects you are good at nor cultivate talents. We also lack labour laws protection for workers, to the extent that employees can be contracted to work for no pay (pay only dependent on sales or business). No CPF, no medical benefits, no leave. Employees carry all the risks without the benefits or any protection from being taken advantage of by employers. How can that be?

    The lackluster record of this generation’s PAP leadership is already clear for all to see. It is the survival of their power and protection of their wealth that drive the laws and policies of this nation, much to the detriment of the citizens.

    You already have a lifetime of servitude. Things going according to plan.

    GD Star Rating
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  • Sillypore Is Mine Only:

    Clown prince said no need election means no need election. All his ministars will agree, because their billion dollar salaries depend on him stealing from tax payers. 70% duds will also agree.

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  • Get What You Voted, Stupid:

    there will be no by-election:
    The Constitution is the Supreme Law of the Land? We have the majority in Parliament and we can change the Constitution as we like. We can change the law as we like.

    So it will be a Malay Elected President this time.

    And there will be no by-election at Marsiling-Yew Tee GRC.

    70% dafts already signed off the free ticket. Why KPKB now?

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  • GS:

    Utmost disgard to the rules..:
    The government has more than often interpreted rules and the rule of law to meet is own agenda; to ensure its (PAP) survival. Every organ in the state is controlled by the government. The local media is not allowed to report on anything that would put the government in defense.

    If Mdm. Halimah really thinks that she represents women and the Malays then she should quit the race. This election is rigged in her favor. She can never say that she won the presidency in a dignified way. It will be an embarrassment to all of us especially the Malays and women.

    I think women can achieve greatness in their own rights. However, the government does not think so. It does even acknowledge the fact that someone other than a Chinese can be the PM of Singapore. LHL decides almost everything for us and he has said in an interview that Singapore is not ready for a non-Chinese PM. Do not the people of Singapore decide who they want as their PM?

    The PAP and the government are putting non-Chinese people in some key positions that they can control. It is a whitewash to show the world that they actually care for all Singaporeans. When will we wake up and support the opposition now and during the elections?

    Mdm Halimah is already believing all the propaganda put out on her. I think that will go to anyone’s head.
    By agreeing to stand she already believes she merits the presidency.

    GD Star Rating
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  • Real News...:

    Mr Tean Lim’s comments (past and present) should have made it into our main stream media, like the Straits Times. Why does ST and other local media not carry these REAL news?

    This should all of us on how news and events are controlled by the government.

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  • Dafts Will Be Dafts:

    They say, They do, They win:
    We understand those White Eunuchs who read Law are serving the emperor’s interest. But how come WP has many lawyers too, why didn’t they rebut KeeChiu Chan in parliament after they raise the question?

    We need to give Tean Lim a seat in the parliament!

    Dumb duds expect 8 heroes to outvote or outspeak 80 thugs in a one man one vote system in parliament.
    Duds need to have their heads checked.
    The silly PISA score and ranking achieved is questionable.

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  • the 'wayang magical wand':

    //She can never say that she won the presidency in a dignified way. It will be an embarrassment to all of us especially the Malays and women.//

    aiyoh. it is wayang on a grand scale by the white monkey idiots lar. imagine, even the 4 candidates (previously very qualified) in the last round out of a sudden are not qualified this round by the stroke of the ‘wayang magical wand’ held by the white monkey idiots.

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  • oxygen:

    THE TWO GHOSTS OF THE NOTORIOUS BRIGINSHAW INFAMY LAW buried in some unmarked and unknown graves Down Under somehow re-incarnated in LEE-jia-pore. Sinkies must be totally blind and/or disingenuous not to admit it.

    Briginshaw vs Briginshaw is a NOTORIOUS Australian High Court decision in 1938 – now utterly discredited in Australian judiciary – in which the stupid judges that the OUTCOME OF THE JUDICIAL DECISION DEPENDS ON WHO IS THE PLAINTIFF OR DEFENDANT in that case – NOT the merit of who is right or who is wrong.

    In contemporary law application equivalent, the Australian High Court in 1938 is saying that if you are the feudal emperor, his family or approved eunuch you must win the case. If you are the peasants suing royalties for rape, robbery and murder in the witness of peasants eyes, the royalties will all be acquitted as innocent.

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  • Vagabond:

    There might come a day when they shut down HongLim park, sites like this one, pull you up and harass you at their fancy. Perhaps even soon at the rate things are going!

    GD Star Rating
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  • SupremeChina:

    Well, so let’s vote in the next strongman party to kick out current strongman party hungry for power and wealth all in the name of “serving the people” who also desire wealth and power to do what? clean up or straighten the laws?

    The laws are there to serve the righteous. You mean to tell me the people, who also desire power and wealth, can possibly choose “righteous people”, and hence should be given the honor to sit on multimillion dollar thrones and the power to legislate(manipulate laws and agenda)for the nation, to act ” righteously” on your behalf when these buffoons are as lusty for power and wealth(and not much wiser or righteous than you except they have bigger mouths) as you?

    If a better world can be achieved, ehhh democratically, the world would be at peace and you would have been smarter.

    But you are not hence you still choose to enter through the A.H. of pigs.

    The failure of democracy has led to single party rule and when money talks the loudest, you know who will be your next ruler eventually

    Burke's Law:
    They make thier own laws and use them to their advantage. No matter how inconsistent with other sections they have the final interpretation. Only way is to get rid of them in the next GE.

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  • It's the People, stupid:

    Lim Tean

    It’s not so much :

    1. What is Right or Wrong.
    2. Who is Right or Wrong.
    3. What the Constitution says.

    It’s all up to the People.

    Since independence (it was given to us for free), Asian Authoritarianism subjects aka sgreans, have ALWAYS ACCETED EVERYTHING.

    “Democracy”, in terms of elections, was given to them. Did they ever fought for it? I doubt so. It was given to them on a silver platter.

    So, they never really asked for true democracy.
    They just simply ACCEPTED ANYHING GIVEN TO THEM.

    But why?

    Asians are brought up by their authroitarian parents. I am talking about the eldest cohort. They actually regard this as a WAY OF LIFE. Even if they are slapped , caned or punished with an iron fist. They feel that is the right way.

    It’s no wonder they accept everything . Even if the resent something, they dare not go against the garment. They FEAR AUTHORITY like they fear GOD.

    ITS A PSYCHOLOGICAL MATTER.

    FROM CRADLE TO GRAVE. NO WAY CHANGE EVEN IF THEY TAK BOLEH TAHAN.

    THEY LACK INTELLECTUAL SOPHISTICATIOM ENOUGH TO CHALLENGE THE AUTHORITIES.

    ACADEMIC RESULT HAS NOTHING TO DO WITH REAL WORLD PERFORMANCE.

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  • 镙丝匕:

    一辆车,行驶十万公里后才必须大維修。

    现在才行驶不到五万公里,掉了一粒镙丝。装上替代镙丝就行啦,为何一定要来个大維修呢?

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  • Heroes or Zero Hero:

    Dafts Will Be Dafts: Dumb duds expect 8 heroes to outvote or outspeak 80 thugs in a one man one vote system in parliament.
    Duds need to have their heads checked.
    The silly PISA score and ranking achieved is questionable.

    So wat? If 8 HEROES cant handle 80 thugs, might as well have ZERO HERO?

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  • New Egg Yoke:

    The daft frogs are now well COOKED in the boiling water. Time for the white demons’ delicacy meal to start.

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  • jaywalker:

    We are governed by the rule of law! We can tell that to the Chinese AGAIN! We cannot even follow our own law, even our constitution. WE ARE A JOKE!

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  • they put up obstacles:

    //“Democracy”, in terms of elections, was given to them. Did they ever fought for it? I doubt so. It was given to them on a silver platter.//

    democracy morphing into kingdom (or dictatorship) with all the facade of democratic trappings. first the leaders fight for the the ideal of democracy. once voted in, they put up obstacles (by enacting new law or changing constitution) to “deter or obstruct” competing ideas (or other contestants) in order to entrench their own power (intoxication of power).

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  • durian king:

    镙丝匕:
    一辆车,行驶十万公里后才必须大維修。

    现在才行驶不到五万公里,掉了一粒镙丝。装上替代镙丝就行啦,为何一定要来个大維修呢?

    一辆车可用二十到四十年,但法律規定只能用十年。

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  • 木子:

    有因必有果

    镙丝匕:
    一辆车,行驶十万公里后才必须大維修。

    现在才行驶不到五万公里,掉了一粒镙丝。装上替代镙丝就行啦,为何一定要来个大維修呢?

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  • henry:

    The PAP does not fear

    Terrorism- they have citizens to protect them
    Economic collapse – they have the PR and FW to work 24/7

    The PAP fear the most:

    The voter.

    Vote wisely

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  • Nothing Burger:

    A by-election is required in the marshaling-yew tee constituency! This is all the more so because the minority mp chooses to resign from her job. She did not die in office and as such there is no reason not to call for a by-election.

    The election laws would be breached under the group representative constituency if the position is not filled by a by-election. Try submitting an application without a minority candidate to stand in a GRC ward during the GE! I bet your application will be thrown out and your application fee forfeited!

    In law-abiding Singapore, it is thus necessary to comply with the Rule of Law just like The Hague arbitration on the South China Sea. Not calling a by election would now mean the government has broken the law which it promulgated.

    This also means that the minority citizens of marshaling-yew tee are not served from now till 2020!

    It is only right that residents of marshiling-yew tee make a police report or a magistrate’s complaint if no by-elections is declared!

    However, as SDP will consider taking pinkie’s Government to court, as responsible citizens who observe the Rule of Law, we shall pledge $100/- (hope we can use the NS vouchers for payment to the courts) to support SDP’s legal challenge!

    Dr Chee should try hiring Lim Tean to argue his case!

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  • KPKB Dumb Duds:

    Heroes or Zero Hero: So wat? If 8 HEROES cant handle 80 thugs, might as well have ZERO HERO?

    Then you don’t KPKB with zero hero.
    You want your voice in parliament, then get more oppositions in to tip the balance and kick out all the useless greedy PAP pigs rather than harping on the inconsequential. Outnumbered means outnumbered.

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  • Gone Farked:

    KPKB Dumb Duds: Then you don’t KPKB with zero hero.
    You want your voice in parliament, then get more oppositions in to tip the balance and kick out all the useless greedy PAP pigs rather than harping on the inconsequential. Outnumbered means outnumbered.

    Entire machinery that’s well funded vs nothing?
    WAHAHAHAAAA! Your fate is sealed from Cradle to Grave.

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  • man fr sky:

    @ PAP.SURE.WIN, now is the right time for you to join the evil dead old man, lky in level 19th. Hope you can convince the good Brother there. Wish you luck and don’t come back.

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