Former SMRT bus drivers sentenced to at least 6 weeks' jail for strike

The four former SMRT bus drivers who were last year charged with instigating an illegal strike were on Monday sentenced to between six and seven weeks in jail.

Gao Yue Qiang, 32, Liu Xiangying, 33, and Wang Xianjie, 39, were given six-week sentences, while 32-year-old He Jun Ling, who faced two charges, will be jailed for seven weeks.

The four could have been jailed for up to a year or fined $2,000, or both.

In mitigation earlier Monday, counsel for He said that the two-day strike "did not occur in a fit of pique", pointing out that the sub-optimal working conditions he faced have already been acknowledged by the authorities and SMRT.

They also argued that a key reason for He's resorting to a strike was his lack of union representation.

"As Jun Ling was unable to access the benefits of collective bargaining, he should not be unduly penalised for taking action in one of the few options available to him," they said.

The defence for He further cited NTUC chief Lim Swee Say's comments that the four drivers were given the impression that "either there is no need to join the union, or (they have) no right to join the union".

In addition, they argued that the collective bargaining agreement signed between the National Transport Workers' Union and SMRT last year excluded employees on a "temporary" or "contract" basis.

Defence counsel for Gao, Liu and Wang also argued that the mischief in conduct on the part of the four was not the strike itself, but rather their failure to give 14 days of advance notice to SMRT, that the law currently requires.

Responding to representations made by defence counsel, deputy public prosecutors Peggy Pao and Francis Ng noted the agreement on the part of all the defence counsel with regard to the need for general deterrence.

Noting that He had written in his calls for participation in the strike that "as many as possible should take part" in it, Ng pointed out that the four accused should therefore not receive credit for the fact that the impact of their strike was not as severe as it could have been.

In delivering his oral grounds of decision, Senior District Judge See Kee Oon said he noted the representations made by the defence. However, he said, whether or not the drivers had legitimate grievances to back up their action was inconsequential to his judgment.

"Irrespective of whether their grievances were valid or otherwise, their pleas of guilt signify their awareness that they could not justify taking the law into their own hands," he said.

See also pointed out that an aggravating factor was the drivers' awareness that the strike would "cause disruption and inconvenience in the provision of transport services".

"This had the potential to severely affect the daily lives of all commuters who rely on public transport," he added.

Explaining He's extended sentence, See said it reflects the larger extent of his culpability.

Gao, Liu and Wang received the same sentence as Bao Feng Shan, 38, who pleaded guilty to his active involvement in the 26 and 27 November SMRT bus drivers' strike in December. Bao was deported immediately after his release -- treatment the other four drivers are likely to receive as well.

The five drivers were among more than 170 who went on strike last year, expressing their unhappiness over living conditions and disparities in salary paid between them and other foreign drivers.

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