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(3) Financial interests
3.1 A Minister must scrupulously avoid any actual or
apparent conflict of interest between his office and his private
financial interests. Such a conflict, or a perception of conflict,
can arise --
(a) from the exercise of powers or influence in a
way that benefits or may be seen to benefit private interests held;
or
(b) from using special knowledge acquired in the
course of his activities as Minister to bring benefit or avoid loss
(or could arouse reasonable suspicion of this) in relation to his
private financial interests.
3.2 A Minister therefore must never enter into any
transactions whereby his private financial interest might, even
conceivably, come into conflict with his public duty.
3.3 A Minister must also not use his official
influence in support of any enterprise, project or scheme in which
he has a private interest, other than an interest permitted under
paragraph 2.3.
3.4 A Minister must not accept any favour of any
kind from persons who are in negotiation with or seeking to obtain
any licence or enter into any contractual relations with the
Government.
3.5 A Minister must not in any circumstance use
official information that comes to him as a Minister for his own
private profit or the profit of any family member or associate.
3.6 A Minister must scrupulously avoid speculative
investments in which, by virtue of his position and special means of
early or confidential information, he has or may have an advantage
over other investors.
3.7 In circumstances where private interests and
public duty conflict, the Minister must dispose of the financial
interest giving rise to the conflict. Where there is a doubt, he
should relinquish or dispose of the financial interest giving rise
to the actual or perceived conflict.
(4) Relations with civil servants
4.1 A Minister must not use his influence to support
the candidature of any person for admission to or promotion within
the Singapore Civil Service. However, a Minister may give a person
known personally to him a written testimonial for first appointment
to the Singapore Civil Service.
4.2 Where a Minister is familiar with the work of a
civil servant and his opinion is sought by the Public Service
Commission or Public Service Division for the purposes of appraising
the civil servant's performance, the Minister may render his opinion
on the matter.
4.3 A Minister must not direct or request a civil
servant to do anything or perform any function that may conflict
with the Singapore Civil Service's core values of incorruptibility,
impartiality, integrity and honesty. He should respect the duty of
civil servants to remain neutral in all political matters and
matters of public controversy.
(5) Journalism
A Minister must not engage in any form of journalism
that is incompatible with his responsibilities and duties as a
member of the Government or contravenes the principle of collective
Ministerial responsibility.
(6) Acceptance of gifts and services
6.1 Ministers are more than ordinarily open to undue
pressures from persons who would like the Minister to use his
position to gain some undue advantage for themselves.
A Minister must reject any such attempts, especially
where accompanied by gifts of any kind (including any intangible
benefits, hospitality, tickets, concessions or free or undervalued
services).
6.2 No Minister should accept gifts from anyone,
which would, or might appear to, place the Minister under an
obligation that conflicts with his public duty.
6.3 A Minister must also ensure that his spouse,
children and other dependants who normally live with him do not
accept gifts from any person in circumstances that would, or might
appear to, place the Minister under an obligation that conflicts
with his public duty.
6.4 For the avoidance of doubt, this Code shall not
prevent Ministers or members of their families from accepting --
(a) gifts from family or personal friends in a
genuinely personal capacity;
(b) gifts clearly unconnected with the ministerial
office; or
(c) gifts which would not normally be regarded as
influencing or tending to influence the Minister in the performance
of his duties, such as occasional and inexpensive gifts like
calendars and office diaries, and conventional hospitality on a
modest scale that is normal in the circumstances.
Notes on the acceptances of gifts and services are
annexed to this Code for the guidance of Ministers.
This Code of Conduct for Ministers is not
exhaustive. Hence, a Minister should carefully avoid all
transactions that can give the impression that he may be doing
anything which this Code of Conduct forbids. Ministers are expected
to exercise prudence and discretion in their affairs.
This Code of Conduct for Ministers applies equally
to Ministers of State and Parliamentary Secretaries as it applies to
Ministers. This Code does not have the force of law and therefore
any issue concerning the compliance or non-compliance with it is not
subject to review by any court or tribunal.
This Code takes effect from 4th July 2005 and
supersedes the Code of Conduct for Ministers (Cmnd. 2/1979) dated
8th January 1979 (as amended by Cmnd. 4/1989 and Cmnd. 3/1997).
Dated this 4th day of July 2005.
By Command of the President,
LAU WAH MING
Secretary to the Cabinet.
ANNEX
Paragraph 6
NOTES ON ACCEPTANCE OF GIFTS & SERVICES
Ministers may find the following specific rules
useful within the context of paragraphs 6.1 to 6.3 of the Code of
Conduct for Ministers:
1. Regarding gifts from members of the public --
(a) all gifts should be refused and returned to the
donor without delay together with a personal explanation that while
the recipient appreciates the gift, its acceptance would be a breach
of this Code;
(b) however, if the return of the gift will cause
offence, or it is impracticable to return the gift, then hand the
gift over to the Permanent Secretary of the Minister¡¯s Ministry for
disposal, except that ¨C
(i) where the recipient wants to retain the gift, he
may purchase the gift from the Government at its cash value after an
official valuation thereof or, where the value of the gift is less
than S$50, the recipient may be allowed to retain the gift without
any payment; or
(ii) where the Permanent Secretary thinks that the
gift would be of interest, the gift may instead be displayed or
officially used in the premises occupied by the Ministry (with or
without prior official valuation thereof).
2. The exchange of gifts during official visits or
from foreign governments is an accepted practice. So, while a
Minister, his spouse or child should not accept gifts from anyone,
which would, or might appear to, place the Minister under an
obligation that conflicts with his public duty, there may be
difficulty in refusing a gift during official visits or from a
foreign government, without the risk of apparent discourtesy. The
recipient may be expected to use or display the gift on some future
occasion as a mark of politeness. Such gifts tend also more to be in
the nature of gifts to the Minister¡¯s office rather than the
incumbent. Hence, all such gifts received by a Minister, or by his
spouse or child, during official visits or from foreign governments
should be handed over to the Permanent Secretary of the Minister¡¯s
Ministry, and the following rules apply:
(a) where the recipient wants to retain the gift, he
may purchase the gift from the Government at its cash value after an
official valuation thereof or, where the value of the gift is less
than S$50, the recipient may be allowed to retain the gift without
any payment;
(b) where the Permanent Secretary thinks that the
gift would be of interest, the gift may be displayed or officially
used in the premises used by the Ministry (with or without prior
official valuation thereof);
(c) where the Minister wishes to reciprocate with a
gift, that gift shall be purchased at the Government¡¯s expense.
3. The official valuation of gifts will be carried
out by a valuer appointed by a Permanent Secretary to the Ministry
of Finance. The valuation of gifts for the purposes of this Code
shall be the same as that for gifts to civil servants.
MCode9(18.3.05)(obk)
Source:
www.gov.sg