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Town council had lawful authority to hold fair: Lawyer

SINGAPORE — A defence lawyer for the Aljunied-Hougang-Punggol East Town Council (AHPETC) argued yesterday that it had the “lawful authority” to hold a Chinese New Year fair earlier this year.

Mr Terence Tan pointed to Section 18 of the Town Council Act, which states that the functions of a town council include “to control, manage, maintain and improve the common property of the residential and commercial property in the housing estates”.

“AHPETC have the lawful authority, their actions are not unlawful,” he told the State Courts.

However, the defence lawyer’s assertions were challenged by National Environment Agency (NEA) prosecutor Issac Tan, who said that if they were accepted, then AHPETC could also engage in public entertainment without getting a licence as required under the Public Entertainments & Meetings Act.

The Workers’ Party-run town council is fighting a summons for holding an alleged illegal trade fair at the Hougang Central Hub. AHPETC had organised the fair, comprising five stalls selling items, such as festive fruits, from Jan 9 to Jan 30.

The NEA charged that the fair amounted to a “temporary fair”, which required a licence under Section 35 of the Environmental Public Health Act.

Mr Issac Tan told the court yesterday that AHPETC had organised the fair despite multiple warnings issued to them, including how enforcement action would be taken if the town council went ahead with its plans.

“The town council chose to ignore … the town council chose to bluntly ignore the law,” he said.

Mr Terence Tan argued that AHPETC had contacted the NEA and submitted an application form that met “certain conditions” listed in it.

However, he noted that the NEA had sent back the form to AHPETC to indicate it was incomplete.

The two sides also argued whether the element of mens rea — a guilty mind — is applicable in this case.

Arguing that AHPETC had exercised “reasonable care” and “due diligence” in trying to obtain a licence for the fair, Mr Terence Tan said the NEA has to prove to the court that there is indeed basic mens rea on AHPETC’s part. However, Mr Issac Tan begged to differ, saying that the case is one of a “strict liability offence”, where such proof is not needed.

During yesterday’s court session, AHPETC chairman and Aljunied GRC Member of Parliament Sylvia Lim, who had served as its representative in earlier hearings, was not present in court.

Instead, AHPETC vice-chairman Pritam Singh, who is also an Aljunied GRC MP, and Hougang MP Png Eng Huat, turned up.

The court is expected to deliver its judgment by Friday. If found guilty, AHPETC could be fined up to S$1,000.

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