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08 Feb 2019  (1104 Views) 
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Ministry of Law


Fine imposed by IMDA on Sing Post
IMDA has imposed a fine of $100,000 for failing to meet the service standards. Read here.

I wish to raise the following questions:

a) How is this amount calculated?
b) Who decides on the amount of penalty to impose for the lapses?
c) How does the public know if the penalty is a fair amount, i.e. it is not too little or too much?
d) Is there a process the party to appeal the amount that is calculated?
e) Who keeps the money? If it is the agency, is there a risk of a conflict of interest?
f) Will an external party be engaged to review the process of calculating the penalty?

Several govt agencies also have the power to impose fines, such as the Land Transport Authority, the PDPA commission and the Competition Commission.

For decisions made in court, the judge is required to give his reason for imposing a jail sentence or a fine. The judge also has to look at precedents. Is there a similar process for fines imposed by govt agencies?

It  is important that the process of determining the fine should meet the same rigorous standards as for court decisions.

Tan Kin Lian


 


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