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High Court Filing for Judicial Review of US$4 Billion Loan to IMF - KJ's update

Confuseous

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You cannot scold a court claim. You can only rebuke a person. So the headlines of “The Monetary Authority of Singapore (MAS) yesterday rebuked claims” in Today make a mockery of our nation suggesting that our editors (appointed by the government) have a poor grasp of English. This is sloppy just like the MICA response to my WSJ letter. They have clearly confused “rebuke” with “rebut” or “refute.”

Of course they cannot rebuke me. There are questions which need resolving and I have taken the course of action that I feel is best. As has been demonstrated the government ministries concerned failed to respond over a period of months aided by media censorship. The President merely arrowed me to MAS. Upon filing in the High Court on Friday at 3.30pm, at 8.07 pm I received an email from MAS. This was not a response just a message arrowing me to the MAS website. There I found a post which had been put up obviously in haste in a different font.

It is a sad indictment that it took a High Court filing for information to be released to the public domain for the benefit of our citizens I therefore say that the MOF and the president should be rebuked for unnecessary opacity and obfuscation.

I also note the ST report of 7th July which says “The Monetary Authority of Singapore has clarified that the Republic’s pledge to lend US$4 billion to the IMF does not breach the Constitution.” This is astonishing since the last time I checked the MAS was not the High Court. Surely to suggest that the MAS’s opinion has the force of law when this is precisely the matter that I am asking the Court to adjudicate is contempt of court?


http://sonofadud.com/2012/07/09/res...r-judicial-review-of-us4-billion-loan-to-imf/
 

makapaaa

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[h=2]Idle President Tony Tan doing nothing about S’pore’s US$4b loan to IMF[/h]
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July 9th, 2012 |
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Author: Contributions

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President Tony Tan

Isn’t the President of Singapore supposed to guard our reserves? What the hell is he sitting on his butt watching the wayang show and not doing anything at all?
Here is Kenneth Jeya’s letter to Chief of IMF, highlighting our US$4b (SG$5b) loan that was not approved by Parliament or the President.
An Open Letter to Christine Lagarde Managing Director of the IMF
I am the Secretary-General of the Reform Party in Singapore. I am also an economist with a double First Class Honors BA and an MA in Economics from Cambridge University. I have almost 30 years uninterrupted experience in the global finance industry in both Asia and the UK with an unblemished record of registration with the FSA. I am therefore writing to you as an economist, as an advocate for democracy and also as an ordinary Singaporean citizen.
I note your press release dated June 19 2012 at the conclusion of the G20 summit in Mexico. One of the countries you announce as having immediately pledged additional resources towards your goal of building a US$456 billion global firewall is Singapore with a commitment of US$4 billion. In your communiqué you give some of the credit for the successful outcome of the talks to our Finance Minister, Tharman Shanmuguretnam, in his role as Chairman of the International Monetary and Financial Committee.
Meanwhile here in Singapore since February, I have been raising the issue of opacity in our government’s budget, failure to adhere to IMF standards and grave concerns over the constitutionality of our country’s pledge to the IMF, to the same gentleman amongst others, albeit with a considerably less successful outcome.
Under our Constitution our government is required to obtain both Parliamentary and Presidential approval before a loan commitment or guarantee of this nature is granted.
The parliamentary record shows that Parliamentary approval was not sought. In addition the aforementioned Minister of Finance has failed to respond to any of my open letters raising questions and has failed to reasonably provide any accountability or transparency. His Excellency, President Tony Tan Keng Yam, did respond and referred my letters to MAS thereby confirming that Presidential approval had not been sought. The MAS is merely the manager of the official foreign reserves on behalf of the government and not the owner of the reserves. But in any case they have now failed to respond.

When KJ sent the letter to the IMF and posted its content publicly on his blog, MAS panicked and issued its own statement. As expected, it denies any wrongdoing.
IMF pledge ‘did not violate Constitution’
SINGAPORE – The Monetary Authority of Singapore (MAS) yesterday rebuked claims by Reform Party chief Kenneth Jeyaretnam that the Government’s US$4-billion (S$5 billion) pledge to the International Monetary Fund (IMF) had violated the Constitution.
Over the past few weeks, Mr Jeyaretnam has been arguing on his blog that the commitment to the IMF – which was announced by the MAS on April 20 – contravened the provisions of Article 144 of the Constitution because it had not been approved by Parliament or the President. Yesterday, he also filed an originating summons in the High Court for a hearing to, among other things, hear an application for a court order to quash the Government’s pledge to the IMF.
…snip…
MAS’ response to queries on S$5-billion loan to IMF
Article 144 of the Constitution does not apply to lending by Government. It instead prevents the Government from borrowing without the authority of Parliament and the President’s concurrence. This is because borrowings by the Government increase its financial liabilities and could result in a draw on its past reserves. (Article 144 similarly covers guarantees given by the Government because these amount to contingent liabilities.)
I am not familiar with this Constitutional stuff about Article 144. But isn’t this whole thing about the opacity of the loan, as what KJ highlighted? US$4b is a lot of money. Surely that’s as good as dipping into our Reserves. It seems that MAS is just blurring the issue, saying Article 144 has not been breached.
Let’s recall the reason why we have an Executive President in the first place. According to the PAP, it is to check the govt and to oversee that our reserves are not dipped into frivolously.
History of the Birth of the Elected Presidential System
The Elected Singapore President – TV Debate (1988) 1/5
4:15 – Goh Chok Tong gives opening statement. Says the Elected President (EP) is to safeguard the Reserves. Should an irresponsible govt spends away our money, EP would be around to check. Ironic statement, on hindsight, if we were to look at what happened during the Ong Teng Cheong era, when he was the EP!
Yep, you read it right. According to PAP in 1988, one of the functions of the Executive President is to safeguard our Reserves. Now as mentioned, US$4 billion is helluva lot of money.
Why is President Tony Tan sitting on his butt?
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Barrie
* The writer blogs at http://wherebearsroamfree.blogspot.com/
 

makapaaa

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[h=2]India offers $10 billion loan to IMF after parliament approval[/h]
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July 9th, 2012 |
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Author: Online Press

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(NEW DELHI, 20 Jun) – India on Tuesday committed to extend a $10 billion (over Rs 55,000 crore) lifeline to help ailing Eurozone countries grappling with a sovereign debt crisis, which has slowed down the global economy.

Prime Minister Manmohan Singh announced India’s contribution to the International Monetary Fund’s $456 billion bailout corpus at the G-20 summit at the Mexican resort of Los Cabos. India’s commitment is part of the BRICS funding estimated to be around $75 billion, out of which China’s contribution will be $43 billion. Like India, Brazil and Russia pledged $10 billion each, while South Africa offered $2 billion.

This is the second time in less than a year that India has decided to chip with a generous dose of funding. Last year, it got Parliament to approve a Rs 9,000 crore contribution towards IMF’s New Arrangements to Borrow, a special funding tool meant to provide a lifeline to beleaguered economies. Typically, funding from multilateral agencies is at highly concessional rates but comes with conditions linked to reforms.

In this year’s budget, the finance ministry got parliamentary approval to invest around Rs 56,500 crore in international financial institutions, which officials had said would be used to increase India’s voting rights in multilateral bodies such as IMF.
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Rest of the article from Times of India: http://articles.timesofindia.indiat...32334948_1_brics-economies-eurozone-countries
 
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