JANUARY 5 ― Minister in the Prime Minister's Department Datuk Seri Mustapa Mohamed could have bided his time. He could have waited for the opportune time to explain to the Malaysian public.

Affectionately known as Tok Pa, the minister could have been advised by his advisers that the Parliament of Singapore was to sit at 1.30pm yesterday, January 4. The Order Paper, which lists the agenda for the day's sitting, had been drawn up and published well in advance on Thursday, December 31, 2020, courtesy of New Year Day falling on Friday. The first in the agenda ― as the case usually is ― was parliamentary question time for oral answers by ministers. Listed at No. 16 was the following:

“Mr Chua Kheng Wee Louis: To ask the Minister for Transport what has been the total amount of expenditure incurred to date by Singapore on the High Speed Rail project and what are the terms specified in the bilateral agreement in relation to compensation claims upon termination of the agreement by either party.”

But perhaps eager to defend the government's decision to terminate the Kuala Lumpur-Singapore High Speed Rail (HSR) project amid concerns raised over any long-term losses, Tok Pa took to Facebook (FB) yesterday to maintain that cancelling the multi-billion project was the “best solution” for Malaysia due to the impact brought by the Covid-19 pandemic on the country’s economy.

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His posting was immediately carried by the media. Malay Mail reported it at 1.25pm, just 5 minutes before Singapore's parliamentary sitting.

But it wasn't to be Tok Pa's day. His defence of the HSR termination wasn't the breaking story for the day. Instead, it was Singapore Minister for Transport Ong Ye Kung who stole the thunder from Tok Pa.

In his ministerial answer to the question posed above, he said that the HSR project was terminated because Malaysia had proposed to remove an assets company that had previously been agreed on. According to Ong, when Malaysia proposed to remove the assets company, Singapore was unable to agree to this “particularly significant change”, which constitutes a “fundamental departure” from the HSR bilateral agreement signed by the two neighbours in 2016.

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His answers to Singapore Parliament, as reported first by Singapore media and carried by the media here, must be the breaking story for the day.

But aside from Ong's seemingly “fundamental departure” answer from Tok Pa's FB posting, there is also the issue of the amount of compensation to be paid to Singapore following the HSR termination.

Unlike Tok Pa who ― not unexpectedly ― cited a non-disclosure clause that would not allow Putrajaya to disclose how much it would be compensating Singapore, Ong wasn't so restrained to reveal that Singapore had so far spent more than S$270 million (RM820.5 million) on the HSR project.

That Ong wasn't so restrained is to be expected. His predecessor, Khaw Boon Wan had in fact revealed the sum of S$250 million in July 2018 in his ministerial answers to similar parliamentary questions asking for updates on the HSR. It was in his oral answers that Khaw revealed that Singapore had acquired land to facilitate the construction of the HSR, passed legislation in Parliament, and set up an Infrastructure Company, SG HSR Pte Ltd, and had further formed a team of more than 100 specialists in the company to build, own, fund and maintain the HSR civil infrastructure in Singapore.

“All these works cost money, including costs for consultancies to design the civil infrastructure, costs for dedicating manpower to oversee and deliver the Project, and costs for land acquisition. Based on preliminary estimates, the total cost incurred by the Singapore Government for the HSR Project has already exceeded S$250 million by the end of May 2018. This is actual money that has already been spent, our taxpayers' money,” he further said.

Khaw, who retired from politics in June 2020, then added:

“If the HSR Project is terminated because of the actions of country A, then country A should compensate country B for expenses that have already been incurred by country B, in accordance with the bilateral agreement. It would not be fair for the taxpayers of one country to bear the cost of another country’s actions. Compensation is not a penalty imposed on the other country.”

“Thus, should Malaysia cause the HSR Project to be terminated, we will deal with the question of compensation from Malaysia for costs incurred by Singapore in accordance with the bilateral agreement and international law. The Singapore government has a duty to all Singaporeans to be accountable for the substantial public funds spent on the HSR Project.”  

It must be said that the Malaysia government too has a duty to all Malaysians to be similarly accountable.

Tok Pa's advisers could and should have advised him that the sum of S$250 million has already been disclosed for more than two years now. He could have been more transparent with his Malaysian public, to whom he owes a duty.

The minister, who is also the minister in charge of economic affairs, has now taken to FB again to explain that “Malaysia holds the view that the amount of compensation needed to be paid to Singapore for the termination of the Kuala Lumpur-Singapore High Speed Rail (HSR) project is much lower than S$270 million (RM818.8 million)” ― the sum revealed by Ong yesterday.

Now, if the sum of compensation is a matter which “has not been finalised and will be discussed (read: negotiated) soon”, then Tok Pa, for all his ministerial experience, should know better.

That in negotiation, he who speaks first, loses.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.