Courtesy of a reader

Just received this from a friend and fan of this blog.

In his own words, the state flag depicts Mr Tan’s selflessness and commitment to the nation and its peoples. He chose the word “HOPE” to reflect not just the hope that Mr Tan would offer himself as the next Presidential elect (Singaporeans want a say in who they want, and they deserve a choice of candidates with good standing and competence) but also the hope Mr Tan brings to the office of the President of the Republic of Singapore.

Thank you, my friend.

Z


The New Paper requests for interview. What should we do?

We are trying to figure out what to do…
————-

Dear Lediati

Thank you for your mail. We’ll have to think about this first. Most of us are publicity shy.

Please give us some time to get back to you.

Regarding your question on “why the volunteers are volunteering to organise the petition,” you might want to look at
http://tkl100kpetition.blogspot.com/2008/12/who-are-we.html

Perhaps the question to ask is, why not participate in the petition?

Wishing you all the best in 2009.

Volunteers

On Tue, Dec 30, 2008 at 5:48 PM, Lediati Tan wrote:
Hi

I’m Lediati, a reporter from The New Paper.

I found your email address on the website which is helping to organise the petition for Mr Tan Kin Lian to stand for election for public office in Singapore.

I am interested in doing a short interview with the volunteers. Would any of the volunteers be interested in being interviewed on the issue of the petition for Mr Tan Kin Lian to stand for election for public office? The interview would be on why the volunteers are volunteering to organise the petition.

Please let me know if any of the volunteers is agreeable to an interview.

Regards
Lediati Tan
Journalist, The New Paper
Singapore Press Holdings


New online petition form

We are now developing a new form to collect petition online.
Feel free to go there and play around with the form, but please do not leave any signature there as we will clear the data later.
If you have any feedback, we’d appreciate that too.

Volunteers


New Year gathering for volunteers

Some of us are joining a new year gathering next week.

The details are:

Mon: 5 Jan 2009
Time: 7 to 11 pm
Place: [****]’s Music Studio, Blk 261 #02-24, [****]

We are going to sing, drink, chit chat, relax, and perhaps ponder over other issues of the day.

If you like to join, please contact us.

Volunteers


You can now subscribe to this blog using your email

If you like to subscribe to Civic Advocator, you can do so by keying in your email at the box at the bottom of the right panel of this blog.

The email update is sent to you once a day whenever there is new content.

Volunteers


Tan Kin Lian’s final rally for investors at Speaker’s Corner: The authorities have done little to help investors

http://www.sgpolitics.net/?p=1677

http://wayangparty.com/2008/12/28/tan-kin-lian’s-final-rally-for-investors-at-speaker’s-corner-the-authorities-have-done-little-to-help-investors/

Written by Ng E-Jay
27 December 2008

At the final rally for investors at Speaker’s Corner, Mr Tan Kin Lian lambasted MAS for doing scant little to assist investors, many of whom have lost their life savings. Financial institutions have also given very little compensation to investors, and frequently have dragged the cases and not even bothered to give investors a satisfactory reply.

Addressing a rally of around 150-200 people, Mr Tan Kin Lian gave a brief overview of the actions he has taken thus far. He has submitted a total of 4 petitions over the past three months, of which 3 were presented to MAS. The petitions were aimed at:

asking the Government to look into any possible wrong doings by the financial institutions, in particular, whether the Financial Advisers Act and the Security and Futures Act had been breached,

asking the MAS to investigate the sales training given by the financial institutions to their representatives, and

asking the MAS to review the complaint handling process of the financial institutions, to set up an independent unit to receive and process the complaints, and to encourage the financial institutions to adopt a collective approach in offering fair compensation to the investors.
However, MAS has insisted that it cannot respond to Mr Tan or any individual investor directly, and would only communicate its intentions via official press releases. To date, Mr Tan has not received any communication on whether the specific requests contained in the petitions has been considered or implemented.

Mr Tan Kin Lian also went through the results of the survey which he conducted. The results are posted here.

Out of 16 investors who replied to the survey, the financial institution had rejected 9 cases. Compensation was offered for 1 case, where the amount invested was $20,000 and the investor was younger than 62 years. The rest of the cases are still pending.

Of those decisions already made, the decision were provided after an average of 6 ½ weeks. This is significantly longer than the 4 week period stipulated by MAS.

Out of the 16 cases, 2 have been lodged with Fidrec. One case could not go to Fidrec as the amount of compensation asked for was over $50,000.

Overall, investors expressed discouragement and disappointment at the complaints process.

According to Mr Tan Kin Lian, he estimates that around 95% of the complaints which were received by the financial institutions and which have been given a response have been rejected outright. There are still many cases outstanding which have yet to be given a response, despite MAS’ stipulation that financial institutions should respond to complaints within 4 weeks of receiving them.

Of the few cases that have been submitted to Fidrec, even fewer have received any response whatsoever. It is clear the authorities are pussyfooting and dragging their feet on the matter.
Over the past three months, not much action has been taken by the authorities to address investors rights and concerns, and there is a growing impatience on the ground. The case for a class action lawsuit is getting clearer by the day, despite Mr Tan’s repeated insistence that it should only be used as a last resort.

Singapore lawyers do NOT dare to represent investors

Mr Tan Kin Lian recounted with very grave disappointment that he experienced tremendous difficulty procuring legal assistance for investors. (This is in stark contrast to Ms Sylvia Lim’s assertion at the IBA Conference in 2007 that WP has no problem finding lawyers — perhaps Ms Lim should step forward to help rope in lawyers for Mr Tan Kin Lian.)

Many senior lawyers whom Mr Tan spoke to were too afraid to step forward to provide legal aid or to represent investors because of their ties with the financial institutions. They were fearful of offending the banks, thinking that if they helped investors, the banks might cut them off.

Other lawyers whom Mr Tan has known personally for 10-20 years have also responded negatively to him, citing issues with compensation. These lawyers would not spend the time to read the prospectus and research into the case without first receiving payment, which can be very expensive.

My response is: Has civic-mindedness and social responsibility gone completely out of the window? Are Singapore lawyers so afraid for their livelihood that they do not dare to assist fellow citizens in times of need, or are they so materialistic and caught up in the rat race that they refuse to even spend a little time researching the cases to see if they can be fought in Court?

The attitudes of Singapore lawyers are truly disappointing. With our legal profession having castrated itself, no wonder the authorities dare to wayang and deny Singaporeans their basic rights.

The Minibond group in particular had spoken to 6 or 7 lawyers concerning their case, but none of them were willing to take it up.

Finally however, there was one lawyer who expressed willingness to step forward to represent the Minibond investors. He is Mr Leonard Loo. So far, Mr Loo has managed to contact around 200 investors for possible legal representation. The maximum amount that each investor would have to pay in the event a class action lawsuit is initiated is $4,800.

There are some Minibond investors who are concerned Mr Loo may be too young and inexperienced to take on such a complex case, but Mr Loo assured investors that he is receiving assistance from some senior lawyers on the matter.

So far, Mr Loo is the only lawyer in the whole of Singapore who has not only expressed willingness to represent investors in a class action lawsuit, but has already begun the process of researching into the cases and proactively reaching out to investors.

Mr Leonard Loo will give a briefing to Minibond investors next Tuesday. The details are:
Date: Tuesday 30th December 2008
Time: 7 to 9 .30 pm (registration starts at 6 pm )
Venue: Singapore Polytechnic Graduates Guild House
1010 Dover Road Singapore 139658
Admission: Free (Register online here)
Photo of Mr Leonard Loo at Speaker’s Corner, 27 Dec 2008:

Another lawyer has also come forward to offer some assistance, but he does not know the products very well and is too busy to study them in detail. This lawyer has approached a Queen’s Counsel to seek his opinion on whether a class action lawsuit is feasible. Mr Tan Kin Lian will ask someone to pay the initial consultation fee for the Queen’s Counsel, which will come up to around $10-$20K.

In Mr Tan’s opinion, the entire legal process, if it really does go through, can take a very long time. The bank will also likely lodge an appeal in the event of any ruling in favour of investors. Hence, Mr Tan is of the opinion that investors should carefully consider any settlement offered by the banks.

The banks are unlikely to offer full compensation as they only receive 3-5% commission for selling the product. However, 50% compensation would be deemed fair.

Furthermore, in Mr Tan’s opinion, the banks are only likely to offer compensation to investors who participated in the class action lawsuit.

To wrap up, Mr Tan Kin Lian said that in the past three months of campaigning, the results have been discouraging, but he has done his best. He encouraged investors to join their respective investor groups.

After Mr Tan spoke, Mr Leonard Loo spoke briefly to the crowd, urging them to seek legal help if they have not been fairly compensated. When seeking legal help, investors should get ready the following documents which they exchanged with the financial institutions:
application form for the original product
risk profile analysis
prospectus of the product

Mr Loo also reiterated Mr Tan Kin Lian’s advice that investors should seriously consider any out-of-court settlement offered by the banks.

After the rally, Mr Tan Kin Lian gave out a momento to those present, which was a calendar card with a picture of one of the rallies printed in front with the words “Standing Together”.


Speaker’s Corner, 27 Dec 2008 – Speech

1. Meetings at Hong Lim Park
The first meeting for investors of the credit linked notes was held on 11 October 2008. This was followed by another 9 meetings. The first 8 meetings were held at weekly intervals while the last two meeting was held at fortnightly intervals. Today’s meeting is the 10th and final meeting to be held at Hong Lim Park for the credit linked notes.

You may wonder why Hong Lim Park was chosen to be the venue for the meeting. The most important reason is that it is free and is available at any time. However, it is not quite convenient, due to the lack of facilities. There is no sound system and everyone had to stand. On a few occasions, we had to share the use of the park with other activities. It rained on one meeting.

Still, it is a wonderful experience for us to meet at Hong Lim Park and to get to know each other.

2. Petitions
During the past three months, a total of four petitions sent organised, of which three petitions were presented to the Monetary Authority of Singapore.

The first petition dated 10 October and signed by 983 people, asked the Government to look into any possible wrong doings by the financial institutions that created and marketed the credit linked notes.

The second petition dated 17 October and signed by 277 people, asked the MAS to investigate the sales training given by the financial institutions to their representatives who sold the credit linked notes.

The fourth petition dated 31 October and signed by 1,073 people, asked the MAS to review the complaint handling process of the financial institutions, to set up an independent unit to receive the complaints and to encourage the financial institutions to adopt a collective approach in offering fair compensation to the investors.

These petitions were presented to the chairman and executive director of MAS and were acknowledged. My requests to meet with the chairman or senior management of MAS were declined. I received replies that any development would be communicated to the public through media releases.

Up to now, we have not received any communication on whether the specific requests contained in the petitions had been considered or implemented.

3. Complaint Handling Process
We have received reports that about 5,000 complaints had been received by the financial institutions that sold the credit linked notes. The MAS had issued a statement that the complaint handling processes of these institutions had generally met their expected standard.

We have not been provided with information on the number of people that have received full or partial compensation for the alleged mis-selling of the product. A small number of the so-called vulnerable investors had been compensated. Although the actual number is not disclosed, this is estimated to account for less than 2 percent of the investors.

The perception of the investors is quite different from the MAS. Many investors found the complaint handling process to be carried out in an unfair and unsatisfactory manner.

The anecdotal reports from any investors are that their complaints of alleged mis-selling were rejected by the financial institutions.

MAS had required the financial institutions to give their decision on each complaint within four weeks. This deadline appeared to have been not met. There are many reports from investors that they had not received any decision after six weeks or longer.

The next step for the investors is to lodge a complaint with the dispute resolution center, called FIDREC. From our survey, a small number of investors had taken this second step to lodge their complaints. Most of the investors intend to take this second step, but the process has been extremely slow and difficult.

4. Collective legal action
Many investors had indicated that they will join in a collective legal action against the financial institutions. It will be correct for me to say, on their behalf, they had taken this decision with great reluctance and difficulty. They would have preferred a more amicable way to get fair compensation for their financial loss.

I like to ask the investors to join the different groups representing the different types of credit linked notes, namely the Minibonds, High Notes, Jubilee Notes and the Pinnacle Notes.

The leaders of these groups will be holding separate meetings next year for the investors. As each group is smaller, it is easier to arrange a more conducive place to hold an indoor meeting.

Each investor group is also setting up a website and an e-mail list to communicate with their members. The key activities of these groups are to educate their members, provide assistance and advice, and to organise the collective legal action.

I shall be in touch with the leaders of these groups and to co-ordinate the activities of the various groups, if required.

5. My blog
I will continue to keep all investors updated through my blog, www.tankinlian.blogspot.com.

I wish to thank a few volunteers who had been providing me with daily updates of news and articles from other sources. I have put the relevant articles in my blog. I encourage the investors to the postings in my blog to keep in touch with the developments.

6. Conclusion
I am sorry that there was little progress in getting fair compensation for your financial losses, in spite of the great efforts that were put in by many people. We have tried many different approaches, but keep hitting a stone wall – even tough we keep our eyes “wide open”.

During the past three months, we have made many friends from among the investors and volunteers. Let us continue our friendship and continue our efforts to seek fair compensation for the investors, although the future efforts will be done outside of Hong Lim Park.

Let me wish all of you, all the best for 2009.

Tan Kin Lian


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Date of Last Draft: 14 March 2009.

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