Tan Kin Lian's Blog: Be aware of your rights

Wednesday, November 11, 2009

Be aware of your rights

Many Singaporeans are ignorant of their rights as individuals or as a human being. This is due to many decades of trust in a government that will take care of the people, i.e. the "nanny state".

In recent years, the people are expected to take care of themselves, in line with the trend towards a "free market" environment. Unfortunately, they are ill-prepared for this responsibility. Many people are not aware about their individual or contractual rights.

It is easy for certain unscrupulous parties to take advantage of the ignorant people using unfair contract terms, unfair trading, investment scams or outright cheating, and get away under the guise of "caveat emptor".

The people who are cheated do not even know how to seek redress. They can engage a lawyer, but they find the fees to be too high, and they are wary about trusting the lawyer.

Here is my advice to Singaporeans:

a) Spend time to learn about your rights as human beings
b) Learn about the law of contracts and agency
c) Learn about the law on consumer protection, fair trading, fair contractual terms
d) Talk to lawyers who are your friends.

Tan Kin Lian

19 comments:

C H Yak said...: Dear Mr Tan

I like this post very much. You are absolutely right. Your advice from (a) to (c) are very correct. But I like to correct you or to amplify your point (d) a little.

I had to help to resolve an accident case of a relative 3 years back. Being para-legally trained, I am familiar with (a) to (c).

I did followed (d) on my initiative and got a lawyer friend to help. Quite coincidentally the defendant's lawyer was his "classmate". So I expect things to go much more smoothly, perhaps even to resolve certain things mutually.

But I was totally wrong.It did not go that way, but became even more complicated between "friends".
In fact, I got much better advice from you in a post in this web-site, and you were not even legally trained and i did not pay you a single cent. I think high integrity and a fair personality is much more important.

I find the definition of a friend in Singapore is very "different". In foreign contact aS was in my case, we would expect a friend to be more than just a friend, that is without even involving "money", THINGS WOULD GO SMOOTHLY. After all, it would finally involve legal fees, which I was even prepared to be "casual" with any lawyers, not just a friend; if he could give me good and timely advice to avoid complications in the legal fight. In reality, the legal system does not recognise "friendship" as a way to solve the legal issues. The legal system is enshrined to do that even if it has limitations.

I am not implying my lawyer friend was wrong or was unprofessional, but somehow our legal system just simply got us entangled, and we as "friends" still face a problem. Techical issues about the legal fight aside.

In reality, the system is somehow abused to a certain degree, perhaps to make more money or just to create legal business. This being my own opinion of the system. Your lawyer friend may not, but the defendant lawyer or corporate lawyers would. Professional witnesses may sway it even further for "business"...

I am sure there were cases that went that way even while you were the Chief at Income. In fact a particular case after you left, it was totally an "absurd" case and decision by that high court judge, which was later reviewed by the CJ became a benchmark case in legal history. Coincidentally, I was researching a few days back; and this post came, I noted it involved the same judge and her comments in chamber not recorded in our case as a judgement was equally ridiculous.

The Bigger Question : Are we just creating legal history by making the ordinary layman go on a "merry-go-round" in our legal system? {That case involves over an legal issue beginning with less than $200and I was pleased our press did highlight it, or was the message to say "legal history" had been created.

The problem is the "legal profession" can be a very nasty profession. And our legal system and judiciary may not be 100% fair or effective to meet the ideals, and yet we have to uphold it. Notwithstanding all counsels are "officers" of the Court in the administration of justice. Only common people directly involved in cases would understand the implications and its essence. It is more of a "legal trap" than a profession or fair system.

I hope you will amend your post at (d) to "Talk to lawyers who are your friends, whom have exceptional personality & professional integrity". At least with these few additional words, ignorant visitors in need of help may not be misled by your honest posting.

I once shared with you a "FRIEND" can simply become a "FIEND" by taking away the "R" which means an honest relationship, and I think this is simply apt here.; November 11, 2009 10:54 AM
Tan Kin Lian said...: Hi C H Yak
I agree with you. If you have an actual case, it is better to find a lawyer who can act professionally.

My reference to talk to a lawyer friend is to get educational advice on legal matters, without involving any specific case that needs to be litigated.; November 11, 2009 11:08 AM
Vincent Sear said...: Education in human rights in society has to come with education in human and social responsibility. What's human and social rights to Singaporeans nowadays? I pay $1 bus fare, you pay $1 bus fare. You're old or handicapped or you're pregnant? Your problem, not mine. Why should I give up my seat when I paid for it and was lucky enough to get it first. Go ask your husband who impregnated you to buy a car and drive you around if you must sit.

That's crude human rights, indeed animal rights. But to be fair, the concept of human rights has been modified through the history of civillisation, society and nation building. Question is, have most Singaporeans evolved out of the the Darwinian ape?; November 11, 2009 12:25 PM
Anonymous said...: You may think that we haven't had any reported legal suit against insurance agents it doesn't mean that all agents are behaving ethically.On the contrary, there are many of these unethical agents on the prowl.
Why? It is becuase many aggrieved policyholders are
1.clueless about their rights,
2.don't even know that they are mis-sold,
3.fear that the legal suit will be long drawn
4.think it is a small matter
5.the loss due to mis-selling or misrepresentation is small to warrant action
6.the policyholders are soft hearted
7. the agents are their friends, relatives or freinds' friends
8.legal suit is expensive, a hassle and requires time commitment.
In fact because of the above consumers are abetting in the commission of the crimes by insurance agents.This has to be stopped if consumers want a fairer deal from agents.
Maybe they must be educated.
FISCA can play the role in educating the consumers of their rights and the recourse to take against the agents when they are aggrieved..
To the lawyers, do you know suing agents for mis-selling and misrepresentation is lucrative and it is easy to sue them. The fact find forms are plenty of incriminating evidences of mis-selling and breaches of the laws by the agents.
Lawyers can have big cases too ,like helping widows and victims of critical illnesses to sue their agents for wrongful and inappropriate advice.These are the sure win cases.
As you have read the LIA report Singaporeans are under insured but the sale of life insurance has gone up. These figures don't reconcile . Something is amiss.
If lawyers are keen to exploit the situation or rather to help clean up the unethical practice of insurance agents they should work with FISCA to learn what and where to detect the mis-selling, unethical practice and misrepresentation. The lawyers will be doing a national service by exposing the breaches of the FAA laws by agents.
The industry needs cleansing badly to restore the confidence of consumers.These unscrupulous insurance agents must not be allowed to be on the loose to prey on unwary and gullible and clueless victims, old folks and aunties.These predatory salesmen and women must be put behind bars and in cages to stop them from harming poor people financially and who rob the man in the street of their golden years and retirement.
The time is here and there is no better time than this.

The Watchman; November 11, 2009 12:25 PM
Anonymous said...: I agree with The Watchman these consumers' attitudes are the factors that contribute and perpetrate mis-selling and unethical practices of insurance agents.If they are left unchecked these agents will think the consumers are stupid and dumb and easy meat.Maybe this the reason why many people join life insurance business to get rich quick and get away with their crimes.
Let us show them that crime doesn't pay.; November 11, 2009 1:24 PM
Vincent Sear said...: Please go sue the insurance agents. What's the use of ranting here?; November 11, 2009 2:25 PM
Vincent Sear said...: Here, as a blog, as Mr. T.K.L. has defined and moderated, is for sharing opinions and ideas. If you feel aggreived legally, you should call the police or your lawyer.; November 11, 2009 2:27 PM
Anonymous said...: Vincent Sear,
which of the posts above offends you?
You must be an insurance agent and those things mentioned must have pricked your conscience otherwise you won't be so agitated like your comments suggest.My advice to you, If the hat fits you wear it.; November 11, 2009 3:12 PM
wjsim said...: hahaha, I was thinking of that as I was reading the post above Vincent's.

Really, go sue those agents. The law is in your favour. The onus is on the insurer to dig out all the old forms to prove their innocence.; November 11, 2009 3:15 PM
Anonymous said...: wjsim,
I am sure it will help you, ie. to get rid of your competitors.
Well, FISCA will expose them and then the lawyers will go for the kill.
Good luck, agents. You need a lot for pay back time is near. Writing is on the wall.; November 11, 2009 8:19 PM
Anonymous said...: "LONDON – A United Airlines pilot who was pulled from his trans-Atlantic flight to Chicago shortly before takeoff has been charged with having too much alcohol in his system, British police said Tuesday."

This is how MAS should enforce the FAA and NOT adopt a lackadaisical attitude.Although misconduct by financial salesmen may not be life threatening but it is worse than death when customers are deprived of the right to competent and responsible financial planning.; November 11, 2009 9:14 PM
Anonymous said...: Someone from same Airline blew the whistle and that is how the Pilot was caught for having excessive alcohol and which might put the passengers at risk.
Blowing the whistle is self regulating and that is what MAS has required all insurance companies to have one. It is everyone's duty to report rogue agents or errant agents either for dishonesty or for incompetence for both can bring disrepute to the company and the profession.
The industry must not be tarnished becuase of these unethical agents.; November 11, 2009 11:05 PM
Anonymous said...: Why do you think there are the fair trading act ,consumer protection, the FAA etc?
Who are the ACTs protecting? I don't think they are protecting the consumers. They are protecting the rogues.
Why is MAS taking so long to investigate the RMs' misconduct? Is it to find a way out for them?
Why is the CEDLI guidelines introduced in 2001 not enforced? If it was seriously enforced from the start all these financial debacles would not have happened.
The RMs and insurance agents would not have done their own way but MAS way if it was forced upon the banks and the insurance companies.
Alas, MAS had vested interest and the CEDLI was intended to bullshit the public.
Which bank bothered to introduce it?
Which insurance company could be trusted to implement them? Product pushing and peddling was and is the culture . It is fast for both the agents and companies. it is also fast for consumers to be screwed of their premium.; November 11, 2009 11:45 PM
Anonymous said...: Consumers must know they have a right to proper responsible and competent financial planning and not products dumped on them .Many consumers are dumped and burdened with products that they have no idea how they can meet their goals.
Often wholelife and endwoment are pitched by insurance salesmen that they are protection and saving 'vehicles' but stopped short of the goals.This is giving half truth.
To play safe avoid insurance agents or these people disguised as
as something else.If their name cards bear logos like mdrt or cot these people are obviously salesmen. Run away becuase they can't help you. They are only interested to sell you a product with high commission so that they can qualify for MDRT.Don't be fooled. The titles are giveaways as to who they are, the predators the charlatans.
Often mdrt agents are said to be successful. I agree , they are successful conmen and women.; November 12, 2009 10:32 AM
Vincent Sear said...: To: Anonymous 3:12PM

Nothing pricks me, perhaps something tickles me. I know of agents who make an honest decent living. I also know of agents who yield to temptation and resort to all kinds of tricks and deception. The honest agents deserve their decent pay and living. The dishonest agents, especially if personally causing losses and grievances to you, sue them, that's what I mean. If criminal fraud is involved over and above civil matter, report to the police and have them arrested.; November 12, 2009 11:56 AM
Anonymous said...: One of the rights which not many in SG may know.

If you all watch police movies or dramas or even the news where they catch Chee Soon Juan, there's one part where the policeman will say "You have the right to remain silent". (Miranda warning)

It's totally true. You may choose to keep your mouth shut.

In case anyone decides to say "Only the Guilty will keep Quiet!!!", the US Supreme Court already anticipated such a counter-argument and there's already a response to that 50+ years ago...; November 14, 2009 12:27 AM
Vincent Sear said...: Excuse me. I was an ex-police officer. In Singapore, there's no such thing as any right to remain silent or call lawyer (Miranda caution). As an ex-police officer, I have to admit that there're "good things" and "bad things" about this too. Of course, I also frankly admit that most of the "good things" facilitate police work. That's why police and ex-police may feel this way. In any case, justice should be done. If power is used not to the end of justice, then the police have failed, regardless of power.; November 14, 2009 11:06 AM
Anonymous said...: Kin Lian,

In Singapore if you don't have wealth and power, you will remain a sucker from cradle to grave of the rich and the powerful.

5% are meant to be masters, 95% are meant to be slaves.

No words or action can change that.; November 14, 2009 10:24 PM
Anonymous said...: Dear all,

please take note that the police's job is NOT to help the innocent. It's to help convict the possibly guilty, on behalf of 4+ mil people in SG. Mis-alignment of interests.

Everytime police stop me, I show ID, then shut up. Then I wait for them to build up something to use against me. They never did. The fact that I look skinny and weak probably helps, I dunno.

Singapore uses the British version, not exactly the same as the US miranda warning. I have a rough idea how the SG system works, doesn't seem very pleasant when one is being suspected of a crime.

We've enough "police are wonderful" news, advertisements and all that. Maybe we need some info presenting things from the suspect's point of view.

Will not be addressing Vincent's comments.; November 17, 2009 8:34 AM

Wednesday, November 11, 2009

Be aware of your rights

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