An Eligible Candidate? Tan Jee Say and the “PPS” card

Tan Jee Say

Tan Jee Say has submitted his eligibility forms for the Presidential Elections.

Yet there is concern that Tan Jee Say might not qualify for a Certificate of Eligibility, especially if his business experience is deemed insufficient.

But Tan Jee Say has other qualifications. He is a member of the elite “PPS” club. Not the Singapore Airlines premium frequent flyer programme, but a far more exclusive group.

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Tan Jee Say’s financial experience is publicly known. His many years in the private sector include being Regional Managing Director in charge of AIB Govett Asia, a Singapore-registered company managing assets in excess of $100 million. Jee Say was also the most senior officer at the time, which could qualify him for CEO status.

But the company’s paid-up capital was less than $100 million, even though the managed assets far exceeded that. This will prove a stumbling block if the Presidential Elections Committee sticks to the letter of Article 19(2)(g)(iii) of the Singapore Constitution:

Qualifications and disabilities of President

19. —…(2) A person shall be qualified to be elected as President if he — …

…(g) has for a period of not less than 3 years held office — …

…(iii) as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Cap. 50) with a paid-up capital of at least $100 million or its equivalent in foreign currency; or…

However Tan Jee Say has other ways to argue his eligibility. The entirety of Article 19(2)(g) includes several qualifying criteria, of which any single one is sufficient:

(i) as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public Service Commission, Auditor-General, Accountant-General or Permanent Secretary;

(ii) as chairman or chief executive officer of a statutory board to which Article 22A applies;

(iii) as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act (Cap. 50) with a paid-up capital of at least $100 million or its equivalent in foreign currency; or

(iv) in any other similar or comparable position of seniority and responsibility in any other organisation or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Elections Committee, has given him such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of President.

How might one argue Tan Jee Say’s eligibility under Article 19(2)(g)(iv)?

Prior to joining the private sector, Tan Jee Say spent many years in the civil service as Principal Private Secretary (PPS) to Goh Chok Tong. The PPS rank is comparable to Deputy Secretary (DS), which is one level below Permanent Secretary (Perm Sec). Under Article 19(2)(g)(i), Perm Sec experience is an automatic qualification for presidential eligibility.

But a PPS is no mere paper-pusher. Working for the Prime Minster or then-Senior Minister / Minister Mentor, a PPS has overview across multiple Ministries and the breadth of the civil service. It is demanding, rigorous work. The stakes are high, as success is followed by fast-track advancement. Imagine being assessed on a daily basis by a Prime Minister or former PM.

Many PPS move on after their tenure to higher appointments: Perm Sec, or CEO of a Stat Board. Some are recruited by the PAP, entering politics as potential office-holders and Ministers.

Perhaps it is best that Tan Jee Say applies for eligibility under Article 19(2)(g)(iv) – that his PPS tenure is sufficient experience. This might stand a better chance than applying under Article 19(2)(g)(iii), as the $100 million paid-up capital requirement is much less open to interpretation.

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