4/27/2015

A man’s will versus the law


There is an article in the ST on 24 Fri discussing the issue of LKY’s will to demolish his house and not allow the state to acquire it as a national heritage. Here is a case of whether the will of an individual should take precedent over the law? Which is more important or carries more weight? Can any individual write a will and expect it to be honoured by the State, in this case the State should not take over the house no matter how valuable it is according to the law on the acquisition of private properties?
 

On face value it is a groundless case for any individual to make such a will and demanded it to be accepted by the state regardless of what value the state sees in the property. A grandfather wants to will his attap hut in Bukit Timah to his son, can or not? Sure can, but the State would decide whether the attap hut got any historical or architectural value or other values. If got, sorry, tell the grandfather it would not do. The interest of the state supercedes an individual’s will.
 

But LKY, the founding father of Singapore is not any individual and his will is best respected. And his son, Hsien Loong, the incumbent Prime Minister, has taken the case to Parliament, asking Parliament to honour his father’s will. Not sure if a decision has already been made. I never follow Parliament meetings so closely. Maybe they have put it to a vote. That is the fairest thing to do in a democracy.
 

This article in the ST would raise a lot of questions. If LKY’s will is granted by Parliament, the author of the article said it could be quoted in the courts as a precedent. So the grandfather’s will on his attap hut still got chance to be saved if he dies after this thing has been approved by Parliament.
 

But Parliament may approve the request by the PM and put a special clause to it that this is an exception as LKY is the founding father of the nation. And this case cannot be quoted as a precedent. So the grandfather can forget about willing his 100 year attap hut to his son. Anyway, never mind, the law is the law. And the attap hut got not much value. What is an attap hut?

15 comments:

Anonymous said...

Notwithstanding will or no will, or whatever lah, the law allows for a judge to review on a case by case basis according to the merits of the case, should the case be brought before the court.

So LKY house case and attap house case should of course be different lah, tio bo? And u need not even be a judge to realise this.

Anonymous said...

Singapore law will side with whoever can pay the most money. Judge will think who can give him multi-million dollar salary to buy $30M Bt Timah bungalow and drive $1M Ferrari --- PAPies or atap hut grandfather?? If need be, the judge can rule that it is legal to blow up & tear down your entire HDB block also can. Afterall you don't own your HDB -- you don't even get a title deed.

Anonymous said...

I think the two reporters may get into trouble. Who asked them to write such an article?

Anonymous said...


What is law?

Who is law?

You tell me lah!

Please remember......

宫字两个口

Hahaha...............

Anonymous said...

Can someone in a position of authority make a case for his own benefit, like a father asking for an exemption for his son from NS?

An interested party cannot make a case for himself. A minister cannot ask parliament to pay him more or to give him more benefits. Tiok boh?

Matilah_Singapura said...
This comment has been removed by the author.
Matilah_Singapura said...

LKY got fucked by the state and the govt he was instrumental in creating.

Despite my misgivings about the state, at the end of the day it is HUMAN ACTORS who operate The State machinery. And all human actors have character flaws as well as sterling qualities---i.e. we are all good and bad, and all manner of in-between.

LKY was not a "perfect" human being, but try telling that to is idol-worshippers and necrophilic dick suckers. He was an ordinary human being who did extraordinary things, and frequently said outrageous things. Whether you like him or not, he is entitled to have his (reasonable) post-death wishes fulfilled.

The idea of taking a dead person's will to Parliament to be decided upon is a fucking nonsense.

"They" (whoever "they" are) are going to be breaking 2 of this dead man's wishes/ instructions:

1. LKY had an Advanced Medical Directive and was clear that he didn't want to "linger", yet "they" kept him alive artificially for 46 days.

I'm not big on conspiracy theory, but I'll offer one here: "Hey let's try to keep this guy alive for SG50 celebrations! It might help us win the next election!" Hey, WTF lah? Damn cruel!

2. Now they are going to turn his house into some sort of SHRINE for the cocksucking idol worshippers, when LKY was VERY CLEAR that his home is to be demolished.

>> this is an exception as LKY is the founding father of the nation.

Therein lies the rub. The term “founding father” is a term of art. Everytime LKY and Singapore are mentioned together, Singapore is the “success” and LKY the “founding father”, to the point it is so ingrained in the use of language, that people don’t even consider that this is not TRUE in the objective sense, but a PURE ROMANTICISM of the facts.

>> And the attap hut got not much value. What is an attap hut?

Quite simply, Private property, which under our laws can be transferred by will from one generation to another. Monetary/ market “value” is irrelevant.

OK, now consider the argument that LKY is indeed the “founding father”, and that The State can negate specific wishes in his will and that The State ultimately decides on what do to with his house. If that goes thru—for the “founding father” no less—then your grandfather’s attap hut, your HDB, your condo and even your landed property has NO CHANCE of being subject to the instructions of your LEGAL WILL, as The State can trample all over the laws it is suppose to uphold.

Anonymous said...

What are you saying? Talk until so long, catch no ball leh.

Anonymous said...

How arrogant can you get?

This is my grandpapa's will. Please respect ok. I don't care about your law. My grandpapa's will must be complied. Leave your hands from my grandpapa's property.

Anonymous said...

The show must go on. The dead horse must be flogged. The legacy must not be destroyed, but kept alive in time for the next election. Everything must be done. Renaming, create memorials, nothing must be overlooked to keep the ground as sweet as possible.

Anonymous said...

Let's try and follow the money trail shall we?

If demolish LKY's house.
Then the land can be sold at full market price to a private developer tio bo?
VERSUS
LKY's house is declared as a national heritage.
Then how will the market value of LKY's house be monetized?
Also what about LKY's neighbours' house?

are the above questions worth asking?
Are they fair questions?

Anonymous said...

His whole life he had been exercising his own free will upon everybody else. Even after his death he wanted to exercise his will again. What a selfish person!

Anonymous said...

As he said before, he will rise from the grave if he disagrees with any living bean.

I hope the prophecy comes true.

Anonymous said...

If LKY rise from the grave, he will not be allowed to re-enter Singapore as a citizen.
First, LKY will have to pay back all the money he withdrew from his CPF upon his death.
Only then will LKY be issued his citizenship papers.
(Don't believe me, just ask any former Singaporean citizen who wants to become a Singaporean again)

It's better if LKY is reborn as an Alien ... maybe as a young Indian graduate from Mumbai University.
Then for sure PAP government will welcome him with open arms and legs.

Anonymous said...

Not to worry. If he rise from the grave, hundreds of thousands of Singaporeans will again be there to welcome him.

Just in time for SG50 celebrations for them.