Ong Teng Cheong 'stress-tested' EP scheme, showed that establishment figure can act independently: Jayakumar

The former senior minister recounts how younger ministers spoke up against Lee Kuan Yew's original proposal for the elected presidency, and his willingness to modify it.

Minister for Law and Home Affairs S Jayakumar and Second Deputy Prime Minister Ong Teng Cheong at a reception during the swearing-in ceremony of ministers of state and parliamentary secretaries at the Istana State Room on Sep 13, 1988. (Photo: National Archives of Singapore)

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This is the second of three articles from CNA’s interview with former Senior Minister S Jayakumar, who recently launched his book Creating Three Unique Singapore Laws: An Inside Story. The book chronicles how the elected presidency, Group Representation Constituencies and Non-Constituency Members of Parliament were established through constitutional amendment.

SINGAPORE: The late Ong Teng Cheong "stress-tested" the elected presidency through disagreements with the government, and his term showed a president from the establishment can act independently, said former Senior Minister S Jayakumar.

“He was from the establishment. He had been deputy prime minister and became elected president. He took the role seriously and in the course of his term of office, there were some issues on which there were disagreements (with) the government,” Professor Jayakumar told CNA in an exclusive interview.

The interview took place at the Old Parliament House, now The Arts House, where laws were debated and passed.

CNA Games Guess Word Crack the word, one row at a time Buzzword Create words using the given letters Mini Sudoku Tiny puzzle, mighty brain teaser Mini Crossword Small grid, big challenge Word Search Spot as many words as you can Show More Show Less Prof Jayakumar launched his book, Creating Three Unique Singapore Laws: An Inside Story, in August. It traces how the elected presidency, Group Representation Constituency system and Non-Constituency Member of Parliament scheme came about. Mr Ong, a former deputy prime minister, served as president from 1993 to 1999. He died in 2002. The elected presidency was written into law in 1991, giving the president additional powers, including safeguarding the reserves and key public sector appointments. Before Mr Ong, the president was elected by Members of Parliament rather than voters in a nationwide election. On Jul 16, 1999, towards the end of his term, Mr Ong held a press conference to announce he would not seek re-election and to raise challenges he faced working with the government. He expressed disappointment over what he saw as insufficient cooperation from civil servants on certain matters, along with concerns over a possible drawdown on the reserves. At a parliament sitting afterwards, then-Prime Minister Goh Chok Tong and then-Finance Minister Richard Hu both “took pains to deal with every one of Ong Teng Cheong’s points”, Prof Jayakumar said. “They explained it in a way to show that the facts as presented showed that there was a misunderstanding by President Ong Teng Cheong, who did not come back to rebut it,” he said.

Prof Jayakumar launched his book, Creating Three Unique Singapore Laws: An Inside Story, in August. It traces how the elected presidency, Group Representation Constituency system and Non-Constituency Member of Parliament scheme came about.

Mr Ong, a former deputy prime minister, served as president from 1993 to 1999. He died in 2002.

The elected presidency was written into law in 1991, giving the president additional powers, including safeguarding the reserves and key public sector appointments. Before Mr Ong, the president was elected by Members of Parliament rather than voters in a nationwide election.

On Jul 16, 1999, towards the end of his term, Mr Ong held a press conference to announce he would not seek re-election and to raise challenges he faced working with the government.

He expressed disappointment over what he saw as insufficient cooperation from civil servants on certain matters, along with concerns over a possible drawdown on the reserves.

At a parliament sitting afterwards, then-Prime Minister Goh Chok Tong and then-Finance Minister Richard Hu both “took pains to deal with every one of Ong Teng Cheong’s points”, Prof Jayakumar said.

“They explained it in a way to show that the facts as presented showed that there was a misunderstanding by President Ong Teng Cheong, who did not come back to rebut it,” he said.

An earlier disagreement, in 1994, centred on Article 22H of the Constitution, which lets the president withhold assent to bills that curtail or circumvent his discretionary powers.

The government wanted to amend the article so the veto would cover only Bills, not constitutional amendments. The question was whether the president could veto that amendment itself.

“President Ong Teng Cheong felt that that amendment would be subject to his veto. The government disagreed,” said Prof Jayakumar, who was law minister at the time.

He said he disagreed with Mr Ong after reading the Constitution and checking with the Attorney-General, who took a similar stance.

Prof Jayakumar said Mr Ong was a personal friend and former Cabinet colleague, with whom he played golf and accompanied on overseas trips. “But we had to be strict and proper. I conveyed the government's views, he could not be persuaded,” said Prof Jayakumar.

The former Supreme Court building now houses part of the National Gallery Singapore. (Photo: Facebook/National Gallery Singapore)

The two sides eventually agreed to seek an advisory opinion from a special constitutional tribunal of judges. Parliament passed legislation in August 1994 to set up such a tribunal, which ruled in April 1995 that the president could not veto the proposed amendment. “I cite this too to show that you can have a president from the establishment who could still exercise powers independently,” said Prof Jayakumar.

“Apart from the issues, I should also say, on the other hand, he and the government, the presidency and the government, were able to come to an agreement on a set of principles on operating the framework of reserves, which is also a good thing.”

The way the issues were resolved showed the rationale for the elected presidency worked well, he added.

A CHIEF EXECUTIVE FOR SINGAPORE

Founding Prime Minister Lee Kuan Yew initially conceived the elected presidency as a “wicket-keeper model” with stronger powers than the office has today, said Prof Jayakumar.

The term comes from cricket, where the wicket-keeper stands behind the batter to stop balls that get past.

The breadth of powers Mr Lee proposed left Prof Jayakumar and his peers from the younger cohort of ministers “perturbed”, he said.

“I think the younger ministers could accept the rationale that the reserves were such a precious asset that they must be nurtured and husbanded for future generations and there should not be unwarranted and overspending of the reserves. We could also agree that there ought to be a check to prevent such unwarranted raid on the reserves,” said Prof Jayakumar.

“But his idea to us was too wide. In fact, as Dr Tony Tan put it, the president would more or less be the chief executive officer.”

Dr Tan himself later became president, serving from 2011 to 2017.

The younger ministers had to weigh whether the proposal was acceptable, as they would run the country going forward and the changes would affect them directly, said Prof Jayakumar.

“Mr Lee Kuan Yew's position was: ‘You guys will be in charge one day and you'll have to work the system’. Well, if we have to work the system, are we comfortable with it? Can we defend it in principle and explain it and justify it to the people? We did not think so,” he said.

They then sought to persuade Mr Lee, and reached a consensus because “the younger ministers felt comfortable to be prepared to speak up”, said Prof Jayakumar.

Mr Lee was willing to listen, engage and modify his original proposal, he said. Prof Jayakumar hopes this account can dispel the myth that Mr Lee was so strong-willed and strong-minded that he acted like a “dictatorial leader” brooking no dissent.

“That sums it all, his approach. If he had been intransigent and said: ‘No, I don’t agree’, it would have been a different story.”

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这位前高级部长回忆说，年轻部长们曾公开反对李光耀最初提出的民选总统方案​​，以及他后来愿意修改该方案。

1988年9月13日，律政兼内政部长S Jayakumar和第二副总理王鼎昌在总统府国事厅出席国务部长和国会秘书宣誓就职仪式招待会。（照片：新加坡国家档案馆）

这段音频由人工智能工具生成。

这是亚洲新闻台（CNA）对前高级部长S·贾古玛的三篇采访文章中的第二篇。贾古玛近期发布了他的新书《创建新加坡三项独特法律：内幕故事》。该书详细记录了新加坡如何通过宪法修正案设立民选总统制、集选区制和非选区议员制。

新加坡：前高级部长S Jayakumar表示，已故的王鼎昌总统通过与政府的分歧“考验”了民选总统的执政能力，他的任期表明，来自建制派的总统可以独立行事。

“他出身于体制内。他曾担任副总理，后来当选总统。他认真对待总统这一角色，在他的任期内，在一些问题上与政府存在分歧，”贾亚库马尔教授在接受亚洲新闻台独家采访时表示。

采访地点选在旧国会大厦（现为艺术大厦），这里曾是辩论和通过法律的地方。

CNA游戏 猜词游戏 逐行破解单词 流行词游戏 用给定的字母组成单词 迷你数独 小谜题，脑力挑战 迷你填字游戏 小方格，大挑战 单词搜索 尽可能多地找出单词 显示更多 显示更少 杰亚库玛教授于8月推出了他的新书《新加坡三项独特法律的诞生：内幕故事》。该书追溯了民选总统制、集选区制度和非选区议员制度的由来。前副总理王乙康先生于1993年至1999年担任总统，并于2002年去世。民选总统制于1991年被写入法律，赋予总统更多权力，包括保障储备金和关键公共部门任命。在王乙康先生之前，总统由国会议员选举产生，而非由全国选民选举产生。 1999年7月16日，在其任期即将结束之际，王鼎昌先生召开新闻发布会，宣布他将不再寻求连任，并提出他在与政府合作过程中遇到的挑战。他对公务员在某些事务上的合作不足表示失望，并对可能动用储备金表示担忧。杰亚库玛教授表示，在随后的国会会议上，时任总理吴作栋和时任财政部长胡志明都“认真回应了王鼎昌提出的每一个问题”。他说道：“他们解释得很清楚，事实表明王鼎昌总统存在误解，但他并未出面反驳。”

贾亚库玛教授于8月推出了他的新书《新加坡三项独特法律的诞生：内幕故事》。该书追溯了民选总统制、集选区制度和非选区议员制度的由来。

王乙康先生曾任副总理，1993年至1999年担任总统。他于2002年去世。

1991年，民选总统制度被写入法律，赋予总统更多权力，包括保障国家储备和关键公共部门人事任命。在王乙康先生之前，总统由国会议员选举产生，而非由全国选民选举产生。

1999 年 7 月 16 日，在其任期即将结束之际，王先生召开新闻发布会，宣布他不会寻求连任，并提出了他在与政府合作时面临的挑战。

他对公务员在某些事项上的合作不足表示失望，并对可能动用储备金表示担忧。

贾亚库玛教授说，在随后的国会会议上，时任总理吴作栋和时任财政部长胡志明都“认真对待了王鼎昌提出的每一个问题”。

他说：“他们的解释表明，事实表明王鼎昌总统存在误解，但他没有出来反驳。”

1994 年，双方曾就宪法第 22H 条发生过分歧，该条款允许总统拒绝批准限制或规避其自由裁量权的法案。

政府希望修改该条款，使总统否决权仅限于法案，而不包括宪法修正案。问题在于，总统是否有权否决该修正案本身。

“王鼎昌总统认为这项修正案可能会被他否决。政府对此持不同意见，”时任律政部长贾亚库玛教授说道。

他说，在阅读了宪法并咨询了持类似立场的总检察长后，他不同意翁先生的观点。

贾亚库玛教授表示，翁先生是他的私人朋友和前内阁同事，两人曾一起打高尔夫球，也曾一同出国访问。“但我们必须严格遵守规章制度。我传达了政府的立场，但他不为所动。”贾亚库玛教授说道。

原最高法院大楼现为新加坡国家美术馆的一部分。（图片：Facebook/新加坡国家美术馆）

双方最终同意向一个由法官组成的特别宪法法庭寻求咨询意见。议会于1994年8月通过立法设立了这样一个法庭，该法庭于1995年4月裁定，总统无权否决拟议的修正案。“我引用这个例子也是为了说明，总统可以出身于体制内，但仍然可以独立行使权力，”贾亚库马尔教授说道。

“除了这些问题之外，另一方面，我还应该说，他和政府，总统和政府，能够就储备框架的运作原则达成一致，这也是一件好事。”

他补充说，这些问题的解决方式表明，民选总统制度的合理性发挥了良好作用。

新加坡首席执行官

贾亚库玛教授说，建国总理李光耀最初设想的民选总统职位是一个“守门员模式”，权力比现在的总统职位更大。

这个词源于板球，在板球比赛中，守门员站在击球手身后，阻止球越过击球手。

李显龙先生提出的权力范围之广，令杰亚库玛教授和他年轻一代的部长同僚们感到“不安”，他说。

“我认为年轻的部长们能够接受这样的道理：储备金是如此宝贵的资产，必须加以培育和妥善管理，造福子孙后代，不应随意动用和过度消耗储备金。我们也可以同意，应该建立一种制衡机制，防止此类对储备金的无端侵占，”贾亚库马尔教授说道。

“但他的想法对我们来说太宽泛了。事实上，正如陈庆炎博士所说，总统或多或少会成为首席执行官。”

陈博士本人后来成为总统，任期从 2011 年到 2017 年。

贾亚库马尔教授表示，年轻的部长们必须权衡该提议是否可接受，因为他们将在未来治理国家，这些变化将直接影响到他们。

“李光耀先生的立场是：‘你们将来会掌权，到时候就得按部就班地运作。’好吧，如果我们必须按部就班地运作，我们能接受吗？我们能在原则上捍卫它，并向人民解释和证明它的合理性吗？我们认为不能，”他说。

他们随后试图说服李先生，并达成了共识，因为“年轻的部长们感到可以畅所欲言”，贾亚库玛教授说。

他说，李光耀先生愿意倾听、参与讨论并修改他最初的提议。贾亚库玛教授希望这一说法能够消除人们对李光耀先生的误解，即他并非意志坚定、固执己见，以至于像个“独裁者”一样不容异己。

“这就是他的态度，概括了一切。如果他态度强硬，说：‘不，我不同意’，那结果就完全不同了。”

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