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Retired lawyer wins appeal against bank
Plaintiff claimed that he had not authorised bank to close forex positions
Zul Othman
zul@mediacorp.com.sg
SINGAPORE
In the judgement released yesterday, Chief Justice Chan Sek Keong said, since the foreign exchange market could be extremely volatile, a 48-hour grace period was a valuable right to a sophisticated customer like Mr David Lam Chi Kin, 60.
It would give him more time to decide what to do next when a margin call — which is when the collateral falls below a certain level — was made.
Without this grace period, Mr Lam might not have exposed himself to such large foreign exchange contracts.
In February, Mr Lam was ordered to pay Deutsche Bank in Singapore an outstanding US$1.1 million ($1.4 million) after the bank closed out his foreign exchange positions at the height of the financial crisis in October 2008.
Mr Lam had said in his lawsuit the bank was wrong to have made margin-call transactions on Oct 10, 2008, as he was entitled to a 48-hour grace period.
Mr Lam, who came to Singapore in 1994, had opened a private banking account with Deutsche Bank in November 2007 that allowed him to trade in foreign exchange options.
By September 2008, he had moved deposits of NZ$120 million ($118 million) and US$3 million into the account.
Mr Lam also borrowed 4.2 billion yen ($65.4 million) and 36 million Swiss francs ($47.2 million) from the bank.
On Oct 10 that year, the bank made a margin call to Mr Lam by fax, asking him to take immediate steps to restore a shortfall of US$5.5 million between his collateral value and total exposure by 5pm that day.
Mr Lam claims that he had asked the bank to refrain from closing his foreign exchange positions but the bank disagreed and closed out all his positions.
Three days later, Mr Lam was informed by the bank that a sum of US$1.1 million was outstanding after the margin-call transactions, a transaction he claimed he did not authorise.
He later claimed in his lawsuit that the bank’s managing director agreed in July 2008 to grant him a 48-hour grace period to respond to a margin call.
Yesterday, Chief Justice Chan ordered that Mr Lam’s claim for damages be remitted for assessment by the Registrar as the bank was only entitled to close out the foreign exchange positions on Oct 13, 2008 at the earliest. — The Court of Appeal has allowed the appeal of a retired lawyer who sued a bank for supposedly reneging on an agreement regarding his foreign exchange account.
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Systematic FAILURE
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AVA puts trans fat plan on hold
Details of mandatory limit are not finalised
Lynda Hong
lyndahong@mediacorp.com.sg
SINGAPORE —
The Agri-food and Veterinary Authority (AVA) had initially planned to limit the amount of trans fat in locally sold fats and oil products, such as butter, margarine, shortening and cooking oil, to no more than two per cent. But MediaCorp has learnt that this has been postponed.
When contacted, an AVA spokesperson said: “Details of the trans fat requirements are still under review and have yet to be finalised.”
An AVA circular dated March 9 had notified of two phases of implementation.
By June 1, bakeries, eating and catering establishments were to use less than two grammes of trans fat for every 100g of fats and oils. By Dec 1, this would apply to retail-pack fats and oils. Labelling of trans fat as part of nutrition information was part of the plan.
For now, the Health Promotion Board said it is working with other relevant government agencies to implement regulatory measures to control trans fat in Singapore’s food supply.
Countries such as Denmark and Switzerland have already introduced laws to regulate trans fat consumption, after studies have linked it significantly to an increased risk of coronary heart disease.
The World Health Organisation recommends that trans fat intake not exceed one per cent of total calories. And the National Nutrition Survey 2004 showed that Singaporeans aged 18 to 69 consumed about one per cent of trans fat in their daily energy intake.
Of worry, though, is the rising trend of Singaporeans eating out, said nutritionist Petrina Lim.
“With dietary practices reporting that 49.3 per cent of adult Singaporeans have their meals at hawker centres six times or more a week, this will undoubtedly contribute towards dietary intakes of trans fat,” she said.
Trans fat is widely used in fast-food preparation because they enhance flavour.
When asked about the impact of a mandatory trans fat limit, however, Mc-Donald’s Restaurants communications director Linda Ming said it already uses vegetable oil with 0.5 per cent of trans fat.
KFC and Burger King had not replied by press time.
Other companies whom MediaCorp contacted also said that meeting a twoper-cent trans fat limit should not pose great difficulty.
Food manufacturer Lam Soon Singapore has only one or two products such as shortening which do not meet the requirement, said senior marketing manager Sulina Tsai.
“We’ll get our R&D to lower trans fat content to the two-per-cent requirement while maintaining shelf stability, but that shouldn’t be too difficult,” she said.
A mandatory trans fat limit is likely to incur costs, though. Trans fat content will have to be verified by an accredited lab, said Ms Tsai, who estimates the cost to be about $200 to $300 per product.
Nestle said trans fat labelling may also bring about additional cost, “as some labels may have to be customised for the Singapore market only”.
Ultimately, consumers should be responsible for what they eat, said nutritionist Ms Lim. “Even if requirements are put up, without explaining why, it makes no sense to consumers,” she said.
As work continues to limit the intake of trans fat, the HPB advised consumers to check ingredients in nutrition labels and to refrain from food products with terms such as “vegetable shortening”, “partially hydrogenated vegetable oil” or “hydrogenated vegetable oil”. A national initiative to reduce Singaporeans’ intake of trans fat, which can cause heart disease and is commonly found in fast food, baked and fried items, has taken a backseat for now.
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The human nose is very sensitive.
It can detect even very low concentrations of odorous chemicals, even when instruments are not able to measure (them). That’s why sometimes smell complaints are received, but we are unable to establish what the source of the smell is.
NEA ’s Director-General of Environmental Protection Joseph Hui
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NEA still unsure of origins of that foul smell
Ho Yeen Nie
yeennie@mediacorp.com.sg
SINGAPORE
However, its findings show that the smell could be from the open burning of materials, or due to incomplete combustion from a “large fuel-burning plant”.
It did not uncover any possible sources within Singapore. The NEA has alerted its Malaysian counterparts. It said it is waiting for their response, and will follow up if necessary.
On Nov 29, residents in the north-east of the island, including Punggol, Sengkang and Ang Mo Kio, had complained about a foul odour similar to insecticide.
A thick smoke also hung over some estates.
The NEA said it sent officers down to the affected areas as soon as possible, but the rain had dissipated some of the smell and smoke.
The officers managed to pick up low levels of petroleum-based hydrocarbons with their instruments but no harmful or toxic chemicals were detected. The NEA also said the smell was not harmful to health.
Director-General of Environmental Protection at NEA Joseph Hui said the agency receives complaints of bad smells from time to time.
“The human nose is a very sensitive organ. It can detect even very low concentrations of odorous chemicals, even when instruments are not able to measure at that low concentration. So that’s why sometimes smell complaints are received, but we are unable to establish what the source of the smell is.”
The NEA said it has written to its counterpart in Malaysia about whether it has detected anything similar in Johor but MediaCorp understands that no such complaints were received.
Patches of oil were seen near two fish farms off Pulau Ubin on Nov 30. The NEA put it down to a coincidence, stating that there was too little oil to have generated the smell. Neither did it explain the smoke. — The National Environment Agency (NEA) says that its investigations into the foul smell detected on Monday have been inconclusive.
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gOOd tImIng
jm2212 ( Date: 27-Nov-2010 13:04) Posted:
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no regret lah. will pay up this weekend and hold.
epliew ( Date: 26-Nov-2010 15:06) Posted:
sorry brother,...... i cannot see the meaning of the holding now....
people are totally confused ? |
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- Shh! Things you don't tell your people . . . .
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Pooling for a bigger pull
[GRC Approach ? ? ? ?]
[Gang Reservation Cartel ? ? ? ?]
SEA trading platform will draw bigger investments, up standards: Analysts
May Wong
maywong@mediacorp.com.sg
SINGAPORE
However, for the experiment to succeed, the trading platform will have to overcome obstacles such as the lack of a common currency, different settlement methods and varying corporate governance regimes.
At a meeting of finance ministers from the Association of South-east Asian Nations (Asean) this week in Kuala Lumpur, it was announced that the stock exchanges in Singapore, Malaysia and Thailand will link up via one electronic trading system by the second half of next year 2011, with the Philippines joining in the first half of 2012.
It is unclear when other Asean countries such as Indonesia and Vietnam will join this alliance.
A common equity market in South-east Asia will give the region’s bourses a semblance of scale that they badly lack.
“These markets are too small on their own to be able to draw significant groundswell of investments from overseas,” said Mr Arjuna Mahendran, HSBC Private Bank’s head of investment strategy for Asia.
The combined market capitalisation of equities listed on the top five South-east Asian exchanges — Singapore, Malaysia, Thailand, Indonesia and the Philippines — is about US$1.7 trillion ($2.2 trillion).
By comparison, stocks worth US$2.5 trillion are available for trading on the Hong Kong exchange.
The smaller markets in the region will benefit from the creation of a common platform.
“They would have the opportunity to work with the larger exchanges and, by virtue of linking up, they will have to upgrade themselves, adopt international standards and harmonise with the other systems,” said Mr Teo Yi Dar, a partner at Seavi Advent.
Still, not everyone agrees that a common trading platform is such a great idea. “I really can’t see any benefit for the institutions,” said Mr Kevin Scully, executive chairman of NRA Capital. “People who want to invest in the Asean markets are probably already investing — A common trading platform for South-east Asian stock exchanges, which is part of a broader plan for a common market for goods and services in the region, may boost liquidity and help increase the total value of listed stocks in the region by between 10 and 25 per cent in five years, analysts said.there anyway.”
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WALKING The TALK ? ? ? ?
A winning political baptism of fire
The Opposition has collectively indicated that it seeks to contest all parliamentary seats in the forthcoming General Election.engage them at close quarters, to field their questions, and demonstrate their empathy, concern and conviction to serve.
The writer is assistant professor of law at the Singapore Management University School of Law.
Why it’s critical and good for S’pore’s 4G leadership to be elected through contests, not walkovers
At the People’s Action Party (PAP) biennial party conference last Saturday, party Chairman Lim Boon Heng said the PAP was “almost certain” that more seats would be contested. Is a more competitive political landscape in the making?
With there to be at least 12 Single-Member Constituencies (SMCs), smaller Group Representation Constituencies (GRCs) and up to nine Non-Constituency MP (NCMP) seats in the next Parliament, many Singaporeans expect a keener electoral contest, rather than one dominated by anticlimactic walkovers.
Elections are not just about placing MPs in Parliament; for a citizen, the act of voting is one of the most powerful political acts, an exercise of their democratic choice. With the next batch of new PAP MPs touted to form the nucleus of Singapore’s fourth generation of leaders, there is much to be said for many of them to experience the political baptism of fire by actually winning at the polls, instead of by dint of walkovers.
This is not to suggest electoral contests merely for the sake of contesting.
Indeed, we wouldn’t want the GE to be reduced to token tussles. Nonetheless, an electoral contest can make a candidate raise his game. The process of earnestly campaigning for votes provides a valuable opportunity for our prospective MPs to demonstrate their worth to the voters, to
The candidates will have to walk the ground intensively and appreciate first-hand
the concerns and challenges of their constituents.
Voters will get to know more about their prospective MPs and assess them up close. An MP’s meet-the-people sessions do not provide the same robust engagement.
Of course, this process of building bonds begins long before and continues even after the elections. What is different about the short (often nine days long) campaigning period is that voters and candidates are engaged in an intensive political courtship with maximum resources devoted to wooing voters.
Furthermore, the law- and policymaking nous and panache of our parliamentarians will benefit from an intimate understanding of the grassroots that the hustings uniquely provide for first-time, even seasoned, political campaigners.
A walkover, on the other hand, reduces greatly the need for and likelihood of such a bonding process during the elections.
Winning an electoral contest also provides MPs with added political legitimacy and the mandate in representing their constituents in Parliament; it enhances their political authority and authenticity.
The affective connect is of fundamental importance in political life. This can only augur well when the MPs go about their duties during their term.
An electoral walkover is still, of course, a proper electoral victory. But, qualitatively, winning a contest endows the elected MP with “extra benefits” – a good measure of earned confidence, an enriching lesson in political engagement with a diverse spread of voters, and a nurtured bond with the voters.
To be sure, it is not the job of the government or the ruling party to ensure that every seat is contested in an election. Neither is it their job to make the opposition parties competitive. Party competitiveness cannot be willed into being by legislative fiat, public funding or providing opposition parties with a handicap.
Notwithstanding criticisms of the unlevel playing field, it is all too easy to lay the blame on the PAP government. Political parties have to earn their spurs and show that their political manifestos are feasible workplans their party can execute to make a positive difference to people’s lives. The key challenge for the opposition parties is to show they are just as competitive as the PAP, which has been returned to power with persuasive mandates since 1959.
Nevertheless, as the dominant political party, the PAP can do much more to influence and shape Singapore’s electoral politics for the better.
The process of seeking electoral victory not only provides our parliamentarians and political office-bearers with valuable political lessons, but crucially, remind our elected representatives that their democratic mandates come from the people and that they have to earn them.
Are too many of our MPs missing out on the steep learning curve that electoral contests provide?
Currently, of the 84 seats in Parliament, 75 are GRC seats which are also perceived by parties and voters as an easier ride to Parliament for the PAP candidates.
This may explain the PAP’s penchant for fielding rookie MPs in GRCs.
Too often, the GRCs have operated as safe electoral havens not just for minority MPs but also female and rookie MPs. (Although closely contested bouts for GRC seats are less frequent, the bruising ones are well known:
Eunos in 1988, Cheng San in 1997 and Aljunied in 2006.)
The PAP can be bold in the next GE which has been characterised as a watershed one. Such a move would do a lot to change voters’ mindsets and stereotypes.
For instance, the last time the PAP fielded a minority race candidate or a full minister in a Single-Member Constituency was 22 years ago in 1988!
The PAP last fielded a female candidate in an SMC in 1991. And they all won!
Since 1991 all first-time MPs, female MPs and minority MPs (all from the PAP) have entered Parliament on GRC tickets.
In the Cabinet, four of the 21 ministers have been elected through walkovers since they entered politics, including one extending back to 1997.
Nine other ministers have only contested in GRCs since they entered politics.
If the next GE is to induct the new generation of leaders, then it is important for some of the more promising rookies (and political office-bearers) to be fielded in SMCs.
Former Prime Ministers Lee Kuan Yew and Goh Chok Tong, and current Prime Minister Lee Hsien Loong all fought electoral contests in their maiden elections. Would it not be deeply meaningful if our future Prime Ministers can walk that same path and wear the badge of honour, so to speak?
If politics is about serving the people and improving their lives, then the hustings must be an invigorating learning experience for our political representatives and leaders. There is no better initiation for a fledgling MP, especially one with the makings of a potential Prime Minister, than to have an electoral battle. Better still, in an SMC.
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Letter from Lim Yuin Chien
Press Secretary to the Minister for National Development
I REFER to the letter “It’s a question of supply” (Nov 24), where the Reform Party’s Hazel Poa questioned the use of two internationally accepted measures — the housing-price-to-income ratio (HPI) and debt-serviceratio (DSR) — to assess housing affordability.
First, the Reform Party rejects the two measures because they contradict the party’s assertion that flats are out of reach for most Singaporeans.
What other objective and widely used measures of affordability does the Reform Party propose?
Second, Ms Poa questioned the affordability of HDB flats.
The primary basis to assess affordability should be new and not resale flats.
HDB offers new flats every year, priced at a discount to comparable resale flat prices. HDB is building more new flats than before, in a variety of sizes and locations to meet demand from households with different budgets.
As for resale flat prices, Ms Poa argued that they had increased faster than incomes from 1990 to 2009.
But why 1990?
There was a steep jump in resale flat prices in 1993, when HDB began offering loans based on market valuation. If we consider other reasonably long time periods after 1993, like 1995 to 2009 or 2000 to 2009, housing prices have in fact moved in step with incomes.
Ms Poa has also ignored the CPF Housing Grant and Additional Housing Grant, which make resale flats more affordable to first-timers, especially applicants with lower incomes.
The Reform Party has suggested controlling resale flat prices. An HDB flat is a home and asset belonging to citizens, who hope that its value will appreciate with the country’s growth. As such, resale prices move based on market forces, while the Government keeps watch for excessive exuberance.
Resale prices have appreciated over the years because Singapore has prospered, infrastructure has been improved, and flats have been regularly upgraded along with their surroundings.
If instead the economy were to decline, jobs were lost, or housing estates allowed to run down, flat prices would surely fall. The Reform Party’s formula to control resale flat prices would make them worth far less than their value today.
How would this benefit the many hundreds of thousands of existing homeowners?
Third, Ms Poa criticised the DSR because it only measures affordability for people who buy flats.
But in Singapore today, eight in 10 Singaporeans have bought and live in HDB flats, with over 90 per cent owning their flats.
On average, 15,000 first-timers buy HDB flats and join the ranks of homeowners every year. This high ownership rate is the best proof that HDB flats are affordable.
Today, young couples in Singapore can reasonably aspire to buy a new BTO flat after working for about two years.
No other major city or country does this for its young people.
pharoah88 ( Date: 02-Dec-2010 09:37) Posted:
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Understanding the
question of affordability |
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Jail for man who added semen to drinking water used by colleagues
Shaffiq Alkhatib
shaffiq@mediacorp.com.sg
SINGAPORE
Sim Keng Tee, 35, a former civilian officer at the Singapore Police Force, admitted that he committed the offences between Feb 21 and April 3, 2008.
Two women who used to work with him drank the tainted water without their knowledge.
Sim recorded them doing so with his mobile phone camera. The medium-built, bespectacled man then saved the clips onto his computer at home.
These acts of mischief only came to light after another female colleague caught him recording an underskirt video of her at their workplace on Sept 10 last year. She lodged a police report and the authorities raided his Farrer Road flat soon afterwards.
Officers seized items including hard disks and thumb drives from his home.
Following his arrest, Sim was referred by the police to the Institute of Mental Health, where he was diagnosed with voyeurism.
The court heard that Sim decided to stop his treatment halfway as it required the participation of his family members.
Sim told District Judge Shaiffudin Saruwan that he did not want his parents to know of his crimes.
During sentencing, the judge said Sim’s acts of mischief were “purely reprehensible”.
Sim had pleaded guilty last week to eight counts of taking underskirt videos and two counts of mischief. Another 149 charges, mainly for taking upskirt images of women, were taken into consideration.
He could have been jailed up to a year and fined for each charge. — In what is believed to be the first case of its kind, a man who mixed his semen into the drinking water used by his colleagues was jailed for 18 months yesterday.
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INFLATIONARY ? ? ? ?
SIA, SilkAir raise fuel surcharge
SINGAPORE
For instance, the surcharge for economy-class tickets for flights between Singapore and a Southeast Asian destination will now be US$25, while the surcharge for firstclass tickets to fly between Singapore and Europe will be US$126.
SIA said the hike was because of a “sustained escalation” in the price of jet fuel in recent months.
The increase in the surcharge is the first since June 2008. Since then, there have been three revisions to reduce it. Adding it will continue to “closely monitor the price of fuel and keep surcharges under constant review”, SIA said the adjustments will “offer only partial relief from the higher operating costs arising from increases in the price of jet fuel”.
TO RECOUP the fInes ? ? ? ? — It will be more expensive to fly Singapore Airlines (SIA) and SilkAir, Both carriers are increasing fuel surcharges for tickets issued from today by between US$3 ($3.95) and US$25, depending on the distance and class of travel.
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#### TOO BIG TO BE FINED ? ? ? ?
WHY NOT JAIL TERM & DEATH SENTENCE ? ? ? ?
This is INFLATIONARY ROBBERY ? ? ? ?
EFFECT Is WORSE than QE 2 ? ? ? ?
SINGAPORE
Singapore Airlines (SIA) Cargo yesterday became the 20th airline to be charged in a massive ongoing global investigation into air cargo price-fixing.
But the latest development does not spell the end of SIA Cargo’s legal woes — in fact, analysts who spoke to MediaCorp believe it could adversely impact the company’s appeal against a €74.8-million ($129-million) fine slapped against it by the European Union’s competition regulator for similar charges.
If SIA pays the fine imposed by the EU as well, its total bill could come to some $192 million.
The EU is separately taking action against 11 air cargo carriers for price fixing [? sounds like gangsterism ? ? ? ?] — some of which, including SIA Cargo, Cathay Pacific, SAS Cargo and Air France-KLM Group, are also involved in the US investigations.
The US authorities had filed a felony charge against SIA Cargo in a federal court accusing the company of engaging “in a conspiracy to fix the cargo rates” for a four-year period starting from February 2002.
In a statement, SIA Cargo said it cooperated with the investigation by the US authorities. The company added that it decided to accept the plea offer “after consulting its legal advisors and carefully weighing its options”.
It will set aside $61.92 million for the current financial year as provision for the antitrust fine that it has agreed to pay the US Justice Department.
Adding that the quantum of the fine “isn’t too damaging”, Standard & Poor’s Singapore-based editorial director Yusof Shukor pointed out that the provision meant that it will have “no major impact” on SIA Cargo’s bottom-line.
Yesterday, SIA shares posted their largest one-day gain since Sept 1, rising 2.7 per cent to $15.84.
In a note to its clients, DMG Research said it was not changing its earnings estimates for SIA “as we consider these provisions as exceptional items”.
However, the research house added that SIA’s “agreeing to pay the fine appears to be an indirect admission of guilt to the price-fixing charges and may have an knock-on impact” on its appeal against the fine imposed by the European Commission.
In a press release, the US Department of Justice said yesterday SIA Cargo had faced a maximum fine of US$100 million, which “may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine”.
To date, the US authorities have collected US$1.7 billion in criminal fines against the carriers found guilty. British Airways and Korean Air each reportedly paid US$300 million in criminal fines in 2007, while Air France-KLM Group agreed to a US$87 million US civil antitrust claims settlement earlier this year. In September, China Airlines accepted a plea offer and paid US$40 million.
Under the US antitrust investigations, 17 executives have been hauled to court: Four have been sent to jail while charges for the rest are pending. — The cargo arm of the Republic’s national carrier has agreed to accept a plea offer from the United States Justice Department to pay a US$48-million ($63-million) fine after an investigation into an alleged conspiracy to fix prices.
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SIA Cargo to pay $63m fine in US
Analysts believe this could hurt SIA ’s appeal against $129m EU fine
Jonathan Peeris and Travis Teo
jonathanpeeris@mediacorp.com.sg
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By Bang, 01/12/2010
Natalie Portman says some Swan scenes are 'disgusting'
Natalie Portman has branded her masturbation scene in 'Black Swan' ''disgusting'', while her co-star Mila Kunis made her father leave the theatre during her sex scenes.
Natalie Portman has branded her masturbation scene in 'Black Swan' ''disgusting'', while her co-star Mila Kunis made her father leave the theatre during her sex scenes.
Natalie Portman has branded her masturbation scene in 'Black Swan' 'disgusting'.
The film - about two ballerinas battling it out for the lead role in 'Swan Lake' - contains a particularly graphic scene in which Natalie's character Nina is caught by her mother pleasuring herself, and she admits it was one of the most uncomfortable things she has ever had to film.
She told MTV News about shooting the scene, describing it as 'so disgusting.'
Of her discomfort, she added: 'It was akin to the experience of watching the movie with my parents sitting next to me, let me tell you!'
The movie also contains a scene where Natalie's character Nina and her rival Lily - played by Mila Kunis - have a lesbian romp, which Mila has revealed she asked her father not to watch when they attended a screening together.
She said: 'He was like, 'I don't think I should see the movie. I was like, 'See the movie. There's going to be a point; get up and leave.'
I don't think any dad should see. It's just not necessary.'
But Natalie is adamant the sex scenes are not most shocking aspect of the film - which was directed by Darren Aronofsky.
Instead, she claims the 'finger scene' - where Nina pulls at a loose piece of skin on her finger, causing it to bleed profusely - is the most difficult to watch.
She added: 'The finger moment is pretty . well it makes my blood curdle.'
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