LEGISLATION ON KILLER LITTER (Review)

Mr R. Sinnakaruppan asked the Minister for National Development whether it is timely to review the killer litter-related legislation in the Housing and Development Board estates, and whether it is the Town Councils' sole responsibility to educate residents in this regard and to enforce the legislation.

The Minister for National Development (Mr Mah Bow Tan): Mr Speaker, Sir, at present, a person who commits killer litter offences can be taken to task in the following ways:

a) Under the Penal Code, the Police can prosecute killer litter offenders. The penalty is a maximum 2-year jail term or fine or both, depending on the gravity of the offence;.

b) Under the Housing and Development Act, HDB has the power to compulsorily acquire a sold flat when a flat lessee, his spouse or tenant or his authorised occupier is convicted of a killer litter offence. HDB can also acquire a flat if the flat lessee does not comply with HDB's lease conditions. One such condition stipulates that the lessee "shall not place or allow to be placed anything or object in the flat or the common areas or the building or any part thereof so as to create, in HDB's opinion, an obstruction or a danger or trap to HDB officers, . lessees, occupiers or visitors . to the flats in the building". Lessees whose flats are compulsorily acquired by HDB will not be allowed to buy or rent another HDB flat for five years. In the case of rental flats, HDB can terminate the tenancy agreement and recover vacant possession of the flat;

c) The Housing and Development Act also empowers HDB to direct any owner, lessee or tenant of a HDB flat to remove any article placed by any window, or on any balcony of or outside the flat in a manner which is likely to cause any damage to property or injury to life. Any person who fails to comply with the Board's direction can be fined up to $2,000, and in the case of a continuing offence, an additional $100 per day;

d) In addition, Town Councils have by-laws which prohibit residents from "throwing or allowing any object or article to fall from his flat or the balcony or "placing any . object . on any window sill, corridor or common property in a manner likely to cause injury to person or damage to . property." The maximum fine prescribed by the different Town Councils ranges from $1,000 to $5,000.

Sir, I am of the opinion that the existing Housing and Development Act is adequate in tackling the killer litter problem. However, there is scope for some Town Councils to amend their by-laws to make them more effective in dealing with the problem. HDB will work with the Town Councils in doing so.

Turning to education and enforcement, I believe this is a problem that requires close and joint efforts of HDB and the Town Councils. I understand that both HDB and the Town Councils have conducted inspections, both separately and jointly, to remove potential killer litter objects. HDB will continue to work closely with Town Councils and carry out regular inspections of HDB flats for killer litter. For cases under HDB's purview, HDB will not hesitate to exercise its power under the Housing and Development Act against recalcitrant residents. Likewise, Town Councils will take enforcement action against households who infringe their by-laws.

Besides enforcement, what is equally important is to impress upon HDB residents that they have a civic responsibility to others, especially when it comes to high-rise living in Singapore. In this regard, HDB has issued a press statement and sent out individual circulars to its 800,000 HDB households reminding residents not to throw objects from their flats or place potential killer litter objects outside their flats. The various community organisations, such as HDB, Town Councils and the grassroots associations, should all work together and see how best we can bring this message across to residents. Ultimately, everyone has a part to play in making HDB estates a safer place to live in.

Mr Sinnakaruppan: Sir, I thank the Minister for his answer and I agree that it is ultimately the civic responsibility of the tenants of these flats who have to understand the importance of this legislation. While I agree with the Minister that most parts of the legislation are in place, there are certain anomalies that may not be clear.

Mr Speaker: Order. Can you please ask your question, Mr Sinnakaruppan?

Mr Sinnakaruppan: Yes, Sir. There is a seeming inconsistency between the Housing and Development Act and the Town Councils Act because, as he pointed out, section 63(2) says that there is a maximum penalty of $2,000 and it also says in the Town Councils Act ---

Mr Speaker: Mr Sinnakaruppan, can you ask your question?

Mr Sinnakaruppan: The Town Councils Act says that the penalty could be $5,000. The question is: Who will enforce it? Will both bodies enforce the same offence and could Town Councils enforce it up to $5,000 when the Housing and Development Act only says that the maximum fine is $2,000?

Mr Mah Bow Tan: Sir, I think this is not a question of whether it is either HDB or the Town Council. It is important for both the HDB and the Town Council to look at the situation and to see which is the best way to deal with the problem. In so far as the specific penalty involved is concerned, whether it is $2,000 or $5,000 or whether it is imposed by HDB or the Town Council, I think it is not the main point here. The point really is that there is sufficient power within the Housing and Development Act and the Town Councils' by-laws to impose a sufficient deterrent to potential killer litter offenders. When a potential killer litter offender is given notice to remove the offending pot or other object and he does not comply, then both the Town Council and the HDB can take action against him and impose a fine. The Town Council can do so within its by-laws. Some Town Councils do not have sufficient by-laws. Different Town Councils have different by-laws. So one of the things I have asked HDB and Town Councils to do is to work together to make sure that the by-laws have sufficient deterrence. Where they do, then I think the Town Council can and should take action. On top of that, after the Town Council has taken action, if it is necessary and the offender continues to be recalcitrant, then HDB can also take action.

Mr Chiam See Tong (Potong Pasir): Sir, has the HDB re-vested any flat whose owner had committed the offence of killer litter? Can the Minister also tell this House whether the flat belonging to the owner whose flower pot had fallen and killed a girl recently has been forfeited?

Mr Mah Bow Tan: Sir, to answer the first question, since the amendment to the Housing and Development Act was enacted in 1986, there has only been one instance where the tenancy agreement has been terminated. This was in the case of a rental flat. There has been no instance so far where a flat has been compulsorily acquired where it has been a bought flat. In so far as the case that he has mentioned is concerned, the matter is still under police investigations, so I am not at liberty to comment on it.

Dr Wang Kai Yuen (Bukit Timah): Sir, I would like to clarify with the Minister whether the killer litter provision in the Housing and Development Act is against littering, which means throwing something out wilfully, but placing a flower pot on the ledge of the common area and thereby falling down may not be covered by the killer litter provision. Is that correct?

Mr Mah Bow Tan: I think the Member may have misunderstood what I said earlier. As I explained in my answer, apart from compulsory acquisition in the case of a convicted killer litter offender, the Housing and Development Act also empowers HDB to direct owners or occupiers to remove any object which is placed in a manner which is likely to cause injury or damage to property. So, the Housing and Development Act does empower the HDB to act in that regard.

An hon. Member: The penalty is different.

Mr Mah Bow Tan: Yes, the penalty is different. If the offender persists in committing the offence, then the penalties would be higher, and HDB will have the power to impose higher penalties.

Mr Leong Horn Kee (Bishan-Toa Payoh): Sir, I would like to urge the Minister to seriously consider having clear-cut laws. At the moment, the way I see it, there is a gap between the present Penal Code and the Housing and Development Act. If it is like the case that Dr Wang has just mentioned, it turned out to be an accident rather than an intentional act to cause harm, then which law would be applicable? The Penal Code may not be applicable and the Housing and Development Act may not have a strong enough deterrent. I would like to ask the Minister whether the HDB could consider having clear-cut rules on how a tenant is allowed to hang their flower pots, so as not to cause a danger to the people around. At the moment, there are no clear-cut rules, except to say that if a flatdweller puts something in a dangerous manner, then he can be punished or asked to remove the object. Maybe it is worthwhile for the HDB and town councils to come out with clear-cut rules on this matter.

Mr Speaker: Is the Member making a speech?

Mr Leong Horn Kee: Sir, I would like to ask the Minister whether he would consider having clear-cut laws on this matter and also ask the HDB to make it a clear-cut issue, ie, anybody having flower pots and objects outside the flat as well as putting flower pots on ledges are committing an offence.

Mr Mah Bow Tan: Sir, I would like to refer the Member again to that particular part of the Housing and Development Act which I read out just now in response to Dr Wang. It says:

'The Housing and Development Act empowers HDB to direct any owner, lessee or tenant of a flat to remove any article placed by any window or on any balcony of or outside the flat in a manner which is likely to cause any damage to property or injury to life.'

Basically, it is a very wide definition. What is it that constitutes a danger to property or injury to life, and in what manner is it to be put before it so constitutes a danger? It is worded very widely. At the end of the day, I do not think it is possible for any legislation to spell out specifically the ways in which such objects, whether they are flower pots, bicycles, etc, should be placed. And if you do it in this manner, you are committing an offence. If you do it in another manner, you are not committing an offence. I think there are myriads of objects which residents are likely to place in HDB flats which may cause injury to residents. Ultimately, it is all a matter of common sense. If you feel that putting a flower pot on the ledge is safe, then I think something must be wrong somewhere. It does not take a piece of legislation in an Act to tell you that it is likely to fall, be knocked over, be blown over and to cause serious injury to somebody walking downstairs.

Sir, I do not see the need for us to spell it out from A to Z before residents would take notice. First of all, we have to educate the residents. We have to make it clear to residents that high-rise living requires a certain amount, not only of civic consciousness, but also of responsibility. When you are living 10-20 storeys up, anything that falls from your flat, consciously or unconsciously, is going to cause a lot of damage. That is the first thing.

As far as do's and don't's are concerned, this is something the HDB and the town councils will be following up. It is through the town councils, notice boards, newsletters and so on, that we can educate residents on the do's and don't's. But this cannot be comprehensive and all encompassing. There will be somebody somewhere who will come up with something else. Does it mean that because it is not in the Act, therefore, he is able to get away with it? Surely not. So, I would recommend an approach which says that, first of all, we make it an offence to either throw or to cause objects to fall from flats, and to give power and authority to the town councils and the HDB officers to require flat owners to remove such potentially dangerous objects, if they are spotted. And if they do not remove them, to be able to fine them. And if they still do not remove them, to be able to take even sterner action. I think those pieces of legislation are already in the books. Beyond that, it is a matter of education. It is a matter of civic consciousness. I think both legislation and enforcement are important, but education is also important.

Mr Low Thia Khiang (Hougang): Sir, what has the HDB done or how has it assisted the town councils on the problem of potential killer litter before the incident in which a young girl was killed by a killer litter? Second, what is the role of the HDB, in managing the estates, on this killer litter problem? I thought town councils are responsible for taking enforcement action on killer litter offenders. From the Minister's answer, it seems to me that the HDB should also be responsible. What is the role the HDB would play under the circumstances in such a situation?

Mr Mah Bow Tan: Sir, the town councils' responsibility is enforcement of offences in the common areas. There are also offences which take place within a flat, eg, the balcony. The balcony is not considered as a common area. But if somebody places a pot on the parapet wall of the balcony, then what happens? Strictly speaking, the town council cannot act. However, as I have explained to Members of this House, there are provisions in the Housing and Development Act which allow the HDB, if they spot it, to actually take action and to require them to remove it. And if they do not remove it, then HDB can take further action. I see the HDB and the town councils playing complementary roles. It is not a matter of the town councils alone. The HDB should not and has not abdicated its responsibility and say that this is the town councils' responsibility because the offence has happened within the common property. Neither should it just be the HDB's responsibility. If the town councils say, "Oh, the offence is committed within the flat and therefore it is the HDB's responsibility alone", I also do not think that that is adequate. So there is joint responsibility, as far as HDB and town councils are concerned, not just in so far as where the offence took place, but also in making sure that the general well-being, safety, security of HDB estates are preserved. I do not see a demarcation of responsibility and neither do I think it is a fruitful exercise to point fingers at one another and say, "This is your responsibility. This is not mine." So I would urge both the HDB and all town councils to work together to make sure that our estates remain safe for our residents.

Mr Low Thia Khiang: The Minister has not answered my question on what has HDB done.

Mr Mah Bow Tan: I am sorry. I forgot to answer his first point. The Act has been in place since 1986. And from time to time, I know that town councils do, through their various publicity channels, educate residents on what to do and what not to do, as far as killer litter is concerned. There are many other aspects of high-rise living which are also important, but the problem of killer litter is probably one of the more serious ones. And I know that town councils do make it a point, and HDB has also gone around, through their inspections, to make sure that the potential killer litter does not happen. But I do not think both town councils and HDB have the manpower or the resources to actually go around and patrol 24 hours a day every single flat in every single town. So they do spot checks and when they spot check and find something wrong, they take action.

Over the last 10 years, I must say that the number of killer litter offenders has come down quite significantly. And the number of killer litter offenders the HDB has taken to task has also come down significantly. But I think that is small comfort because it does not require many such offenders to cause a tragic accident, as we saw in the case of the Kent Road incident.

Mr Ang Mong Seng (Bukit Gombak): (In Mandarin): Mr Speaker, Sir, killer litter has caused a concern to about three million people living in HDB flats. Most residents have complied with the orders given by the town councils or the HDB. But there is still a minority of flat dwellers who place flower pots outside their windows. Should we have more specific instructions on whether the HDB or the town councils should take up enforcement orders so that all these flower pots would be removed immediately to avoid such unfortunate incidents from happening again? I think we should not leave the matter to be enforced either by the town councils or HDB. Otherwise, nobody would be doing it.

Mr Mah Bow Tan: Sir, as I reiterated just now, this is, in my opinion, best dealt with both by the town councils as well as by HDB. I do not think that it is a matter of just one or the other. In so far as removing the flower pots is concerned, HDB and town councils have carried out several inspections, especially over the last couple of weeks. They have discovered that there are quite a few cases where there is potential killer litter and they have taken action to remove them. And I am told that most, if not all, of those flower pots and other objects have been removed. So I think the situation, as it stands at the moment, is that both HDB and the town councils are working together on this problem.

Mr Sinnakaruppan: Sir, I would like to seek a clarification from the Minister. Is it all right for residents to place objects in common areas such as the common corridor, as long as they are not likely to cause damage? Is it all right to place various objects along the common corridor?

Mr Mah Bow Tan: Sir, it is impossible for me to say yes, it is all right or it is not all right. There are hundreds of situations where such objects are placed in the common corridors. As Members know, if they have gone round on house-to-house visits, there are people who put their clothes to dry in the common corridors. They put their shoes and unused furniture in the common corridors. One could argue that somebody could then take the unused furniture and throw it or heave it over the side and therefore it constitutes killer litter. I think the point is that at the end of the day, all the town councillors and HDB officers who go around, they look around, they check, they inspect, they make use of their judgment and where it does constitute a potential killer litter offence, they will ask the relevant household to remove that object. But if the Member asks me to make a categorical statement to say, "Yes, it is all right or no, it is not all right", I am afraid he would not get that answer from me.

Mr Inderjit Singh (Ang Mo Kio): Sir, so far, we have been talking about HDB and town council regulations. My question is: do we have equivalent killer litter regulations for private apartments and condominiums?

Mr Mah Bow Tan: Sir, if an accident were to happen in a private apartment, I think the Police would know what to do. 1.30 pm

Mr Speaker: Order. End of Question time.

[Pursuant to Standing Order No. 21(3), Question Nos. 5-10 on the Order Paper have been postponed to the sitting of Parliament on 23rd May 2000.]