• IP addresses are NOT logged in this forum so there's no point asking. Please note that this forum is full of homophobes, racists, lunatics, schizophrenics & absolute nut jobs with a smattering of geniuses, Chinese chauvinists, Moderate Muslims and last but not least a couple of "know-it-alls" constantly sprouting their dubious wisdom. If you believe that content generated by unsavory characters might cause you offense PLEASE LEAVE NOW! Sammyboy Admin and Staff are not responsible for your hurt feelings should you choose to read any of the content here.

    The OTHER forum is HERE so please stop asking.

Sengkang columbarium saga: Govt can simply break contracts whenever they want

makapaaa

Alfrescian (Inf)
Asset
[h=1]SENGKANG COLUMBARIUM SAGA: GOVT CAN SIMPLY BREAK CONTRACTS WHENEVER THEY WANT[/h]
Post date:
31 Jan 2015 - 11:55pm









Now that National Development Minister Khaw Boon Wan has promised in Parliament that they will not be building a commercial columbarium at Fernvale Lea, many residents of the new BTO project are relieved.

Nevertheless, some were still uncomfortable with the idea that any Chinese Temple built in the area instead may still have columbarium services which are not “for-profit”.

=> For normal people, once bitten, twice shy. Once conned, never to trust again. But when it comes to 60% dafties, this does not apply.


The residents had become outraged after they found out that an area marked as a site for a Chinese Temple in the BTO brochure was awarded to a private company with no religious links in order to build a columbarium.

The residents created a petition and made enough noise for their grievances to be heard and eventually got their way after their MP and even Minister Khaw Boon Wan heard their concerns.

PAP MP Lam Pin Min had earlier sided with the company awarded the land and the URA which said that it was mentioned in the fine print of the BTO brochure that a columbarium may be built. Now, he hopes the residents are happy with the decision: "With this development, residents' fears should be allayed and there will not be a need to return the flats to HDB," he said.

Currently, the Government is in talks with winning bidder for the land, Eternal Pure Land, to ensure that the land is used for a Chinese temple.

While it is good that the government has chosen to listen to the many complaints and concerns of residents, another issue which now comes to light is the fact that the government appears to have agreed to break a contract which it already awarded to Eternal Pure Land.







Eternal Pure Land, the private company which bid for the land, had intended to build a for-profit temple-cum-columbarium on the site and their tender price, which was $1.2 million above the 2[SUP]nd[/SUP] highest bidder, reflected this original intention.

For the tender to have been accepted in the first place, it must have stated its intentions, so why wasn’t HDB aware of it until residents made a lot of noise?

Furthermore, why is HDB simply allowed to break contract and alter its terms when and when it pleases? This will ultimately have an effect on the company which it had already promised the land to and which has been proceeding under the assumption that it could build the columbarium as it had originally intended.

From the company’s perspective, their plans have gone down the drain. At the same time, if the tender price needs to be lowered because of the fact that they are not going to build commercial services there, then the other religious organisations that bid for the land would also need to be re-considered.

If HDB ends up having to pay damages to Eternal Pure Land, this will come out of the pockets of taxpayers in the end. It seems that HDB’s failure to do its due diligence has caused so much trouble and stress and is likely to even cost taxpayers money.

What do you think?

Related:
PAP MP Lam Pin Min: HDB and URA Lied to Me
Khaw Boon Wan: There will not be a Commercial Columbarium built in Fernvale
Khaw Tells Opera Story in Parliament to Justify HDB's Failure to Conduct Background Check
 

Leckmichamarsch

Alfrescian
Loyal
any lay person in the street knows it is not right to hv commercial columbarium esp one FOR PROFIT operated by a foreign company... Will they be doing us a service or here to harvest profit which can be done better by sg company like Sing Tech......
 

laksaboy

Alfrescian (Inf)
Asset
The pappies have always broken promises, what difference then is it with contracts, which are nothing more than promises written on paper? :wink:
 

Asterix

Alfrescian (Inf)
Asset
Disclaimer: I am NOT a lawyer, just someone who knows how to use Google to good advantage :rolleyes:

Section 20 of the Housing and Development Act deals with the capacity of the Board (HDB lah!) to enter into contracts and is cut and paste below. My untrained eye and common sense tells me that sub-section 3 is the relevant one and Gahbrament (acting through the Borg oops I mean the Board) is bound by the contract it has signed and most likely will have to pay damages out of Sinkie taxpayers' money. 60% kena screwed again and may well feel quite song about it after reading whatever spin put on this sorry episode in the Shit Times.

Contracts

20.
—(1) The Board may, in accordance with standing orders made under this Act, enter into such contracts as are necessary for the discharge of its functions and duties.

(2) In the case of contracts for the supply of goods or materials or for the execution of works, such standing orders shall —

(a) require that, except as otherwise therein provided, notice of the intention to enter into such contracts shall be published and tenders invited; and

(b) regulate the manner in which such notice shall be published and tenders invited.

(3) A person entering into a contract with the Board shall not be bound to inquire whether the standing orders have been complied with and all such contracts, if otherwise valid, shall have full force and effect notwithstanding that the standing orders applicable thereto have not been complied with.

http://statutes.agc.gov.sg/aol/sear...lts.w3p;letter=H;pNum=1;type=actsAll#pr20-he-.
 

laksaboy

Alfrescian (Inf)
Asset
(3) A person entering into a contract with the Board shall not be bound to inquire whether the standing orders have been complied with and all such contracts, if otherwise valid, shall have full force and effect notwithstanding that the standing orders applicable thereto have not been complied with.

http://statutes.agc.gov.sg/aol/sear...lts.w3p;letter=H;pNum=1;type=actsAll#pr20-he-.

In other words, a blank cheque indemnification clause. Kind of like the the other clauses which pretend to guarantee civil liberties in the Constitution. :wink:
 

Asterix

Alfrescian (Inf)
Asset

Aiyah I anyhow dig here and anyhow dig there
Also can find another section
Which may be of relevance to matter at hand
How come I so smart arh?


GAHBRAMENT PRO-CHEATINGS ACT (CHAPTER 121)

Claims enforceable by proceedings against Government

4. Subject to the provisions of this Act and of any written law, any claim against the Government which —

(a) is founded on the use or occupation or the right to the use or occupation of State land;

(b) arises out of the revenue laws;

(c) arises out of any contract made by the authority of the Government which would, if such claim had arisen between private persons, afford ground for civil proceedings; or

(d) is a claim (other than a claim in tort) for damages or compensation not included in paragraphs (a), (b) and (c) which might lawfully be enforced by civil proceedings as between private persons,

shall be enforceable by proceedings against the Government for that purpose in accordance with the provisions of this Act.

http://statutes.agc.gov.sg/aol/sear...itleResults.w3p;letter=G;type=actsAll#pr4-he-.
 

ginfreely

Alfrescian
Loyal
So the govt has to pay damage instead of forfeiting the tender deposit of this company for submitting tender when they have no religious affiliation ? The minister must pay for the damage out of his million dollars salary.
 

laksaboy

Alfrescian (Inf)
Asset
So the govt has to pay damage instead of forfeiting the tender deposit of this company for submitting tender when they have no religious affiliation ? The minister must pay for the damage out of his million dollars salary.

Nah... it's more convenient to nickle and dime more cash out of Sinkies' pockets.

Since they're constantly bashing Sinkies despite the election date drawing nearer, they must be quite confident of securing another resounding victory for the PAP. I say they should go balls out and increase the GST rate to 10%. That'll raise the money in a jiffy. The surplus money can be channeled to bonuses or vanity projects. :wink:
 

Acanthodes

Alfrescian
Loyal

aiyah i anyhow dig here and anyhow dig there
also can find another section
which may be of relevance to matter at hand
how come i so smart arh?


gahbrament pro-cheatings act (chapter 121)

claims enforceable by proceedings against government

4. Subject to the provisions of this act and of any written law, any claim against the government which —

(a) is founded on the use or occupation or the right to the use or occupation of state land;

(b) arises out of the revenue laws;

(c) arises out of any contract made by the authority of the government which would, if such claim had arisen between private persons, afford ground for civil proceedings; or

(d) is a claim (other than a claim in tort) for damages or compensation not included in paragraphs (a), (b) and (c) which might lawfully be enforced by civil proceedings as between private persons,

shall be enforceable by proceedings against the government for that purpose in accordance with the provisions of this act.

http://statutes.agc.gov.sg/aol/sear...itleresults.w3p;letter=g;type=actsall#pr4-he-.

lol good one!
 

ginfreely

Alfrescian
Loyal
Nah... it's more convenient to nickle and dime more cash out of Sinkies' pockets.

Since they're constantly bashing Sinkies despite the election date drawing nearer, they must be quite confident of securing another resounding victory for the PAP. I say they should go balls out and increase the GST rate to 10%. That'll raise the money in a jiffy. The surplus money can be channeled to bonuses or vanity projects. :wink:

Yes it is horrible the way they keep blaming Singaporeans for everything. Even this case they tried to blame on Singaporeans about it being a case of not in my backyard when it is a case of govt negligence.
 

KuanTi01

Alfrescian (Inf)
Asset
Yes it is horrible the way they keep blaming Singaporeans for everything. Even this case they tried to blame on Singaporeans about it being a case of not in my backyard when it is a case of govt negligence.

As usual, this government can do no wrong! Always pin the blame on the lesser minnows while the big fish remains unscathed. :rolleyes: Our ministers always issue ministerial statements or more like excuses!
 

ginfreely

Alfrescian
Loyal
As usual, this government can do no wrong! Always pin the blame on the lesser minnows while the big fish remains unscathed. :rolleyes: Our ministers always issue ministerial statements or more like excuses!

The minister should be held accountable and not sweep everything under "mutual solution".
 
Top