Transparency and Authoritarian Rule in Southeast Asia
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The Criminal Procedure Code 2010
(2011) 23 SAcLJ Modernising the Criminal Justice Framework 23 MODERNISING THE CRIMINAL JUSTICE FRAMEWORK The Criminal Procedure Code 2010 The concept of “balancing” prevalent in criminal justice discourse is premised on a paradigm where “state” and “individual” interests are perpetually in conflict. This article outlines the key components of the new Criminal Procedure Code 2010 and discusses another dimension of the state- individual relationship. Rather than being inherently incompatible, synergistic common goals can, on occasion, be pursued between the State and an accused. The article will also consider areas in the Criminal Procedure Code 2010 where conflicts between “state” and “individual” interests have in fact arisen, and will outline the pragmatic approach that has been adopted towards their resolution. Melanie CHNG* LLB (Hons) (National University of Singapore), LLM (Harvard); Advocate & Solicitor (Singapore); Assistant Director, Ministry of Law. The criminal process is at the heart of the criminal justice system. It is not only a subject of great practical importance; it is also a reflection of our ideals and values as to the way in which we can accord justice to both the guilty and to the innocent.[1] I. Introduction 1 The recent legislative amendments to Singapore’s Criminal Procedure Code (“CPC”) signify a new chapter in the continuing evolution of Singapore’s criminal justice process. The new Criminal Procedure Code 2010 (“New CPC”),2 which came into force on * The opinions expressed in this article are those of its author and are not representative of the official position or policies of the Singapore government. The author is grateful to Mr Amarjeet Singh SC, Ms Jennifer Marie SC, Mr Bala Reddy, Professor Michael Hor, Mr Subhas Anandan, Ms Valerie Thean and Mr Desmond Lee for their invaluable comments on an earlier draft of this article. -
[2020] SGCA 16 Civil Appeal No 99 of 2019 Between Wham Kwok Han
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 16 Civil Appeal No 99 of 2019 Between Wham Kwok Han Jolovan … Appellant And The Attorney-General … Respondent Civil Appeal No 108 of 2019 Between Tan Liang Joo John … Appellant And The Attorney-General … Respondent Civil Appeal No 109 of 2019 Between The Attorney-General … Appellant And Wham Kwok Han Jolovan … Respondent Civil Appeal No 110 of 2019 Between The Attorney-General … Appellant And Tan Liang Joo John … Respondent In the matter of Originating Summons No 510 of 2018 Between The Attorney-General And Wham Kwok Han Jolovan In the matter of Originating Summons No 537 of 2018 Between The Attorney-General And Tan Liang Joo John ii JUDGMENT [Contempt of Court] — [Scandalising the court] [Contempt of Court] — [Sentencing] iii This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Wham Kwok Han Jolovan v Attorney-General and other appeals [2020] SGCA 16 Court of Appeal — Civil Appeals Nos 99, 108, 109 and 110 of 2019 Sundaresh Menon CJ, Andrew Phang Boon Leong JA, Judith Prakash JA, Tay Yong Kwang JA and Steven Chong JA 22 January 2020 16 March 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 These appeals arise out of HC/OS 510/2018 (“OS 510”) and HC/OS 537/2018 (“OS 537”), which were initiated by the Attorney-General (“the AG”) to punish Mr Wham Kwok Han Jolovan (“Wham”) and Mr Tan Liang Joo John (“Tan”) respectively for contempt by scandalising the court (“scandalising contempt”) under s 3(1)(a) of the Administration of Justice (Protection) Act 2016 (Act 19 of 2016) (“the AJPA”). -
28. Rights Defense and New Citizen's Movement
JOBNAME: EE10 Biddulph PAGE: 1 SESS: 3 OUTPUT: Fri May 10 14:09:18 2019 28. Rights defense and new citizen’s movement Teng Biao 28.1 THE RISE OF THE RIGHTS DEFENSE MOVEMENT The ‘Rights Defense Movement’ (weiquan yundong) emerged in the early 2000s as a new focus of the Chinese democracy movement, succeeding the Xidan Democracy Wall movement of the late 1970s and the Tiananmen Democracy movement of 1989. It is a social movement ‘involving all social strata throughout the country and covering every aspect of human rights’ (Feng Chongyi 2009, p. 151), one in which Chinese citizens assert their constitutional and legal rights through lawful means and within the legal framework of the country. As Benney (2013, p. 12) notes, the term ‘weiquan’is used by different people to refer to different things in different contexts. Although Chinese rights defense lawyers have played a key role in defining and providing leadership to this emerging weiquan movement (Carnes 2006; Pils 2016), numerous non-lawyer activists and organizations are also involved in it. The discourse and activities of ‘rights defense’ (weiquan) originated in the 1990s, when some citizens began using the law to defend consumer rights. The 1990s also saw the early development of rural anti-tax movements, labor rights campaigns, women’s rights campaigns and an environmental movement. However, in a narrow sense as well as from a historical perspective, the term weiquan movement only refers to the rights campaigns that emerged after the Sun Zhigang incident in 2003 (Zhu Han 2016, pp. 55, 60). The Sun Zhigang incident not only marks the beginning of the rights defense movement; it also can be seen as one of its few successes. -
Prayer Bulletin Necf Monthly
NECF MONTHLY PRAYER BULLETIN NECF MONTHLY PRAYER BULLETIN November 2012 1. Pray for the States – General Election Pahang Darul Makmur Negeri Terengganu Darul Iman Kelantan Darul Naim Capital : Kuantan Capital : Kuala Terengganu Capital : Kota Bahru Sultan : Sultan Ahmad Shah Sultan : Sultan Mizan Zainal Abidin Sultan : Sultan Mohammad V State Government : Barisan Nasional State Government : Barisan Nasional State Government : Pakatan Menteri Besar : Adnan Yaakob Menteri Besar : Ahmad Said Rakyat Population : 1,443,365 Population : 1,015,766 Menteri Besar : Nik Abdul Aziz Population breakdown: Population breakdown: Nik Mat 74.9 % Muslim 96.9 % Muslim Population : 1,459,994 14.4 % Buddhist 2.5% Buddhist Population breakdown: 4.0 % Hindu 0.2 % Hindu 95.2% Muslim 1.9 % Christian 0.2% Christian 3.8% Buddhist 0.5 % Ethnic Chinese Religions 0.2% Other or No Religion 0.3% Christian 1.2 % Other 0.2% Hindu 2.7 % Non-Religious 0.5 % Other or No Religion Sarawak: Land of The Hornbills Federal Territory of Labuan Sabah : Land Below The Wind Capital : Kuching Federal Government : Barisan Capital : Kota Kinabalu Yang di-Pertua Negeri : Abang Nasional Yang di-Pertua Negeri : Juhar Muhammad Salahuddin Abang Administered by Perbadanan Labuan Mahiruddin Barieng Chairman: Datuk Yusof Mahal State Government : Barisan State Government : Barisan Nasional Population : 85,272 Nasional Menteri Besar : Abdul Taib Mahmud Population breakdown: Menteri Besar : Musa Aman Population : 2,420,009 76.0 % Muslim Population : 3,117,405 Population breakdown: 12.4 % Christian Population breakdown: 48.0 % Christian 9.0 % Buddhist 65.4 % Muslims 26.0 % Muslim 0.4 % Hindu 26.6 % Christian 13.5 % Buddhist 2.1 % Other 6.1 % Buddhist 3.1 % Other 0.1 % Non-Religious 1.6 % Other 2.6 % Non-Religious 0.3 % Non-Religious 2. -
The Malaysian Intellectual:A Briefsari Historical 27 (2009) Overview 13 - 26 of the Discourse 13
The Malaysian Intellectual:A BriefSari Historical 27 (2009) Overview 13 - 26 of the Discourse 13 The Malaysian Intellectual: A Brief Historical Overview of the Discourse DEBORAH JOHNSON ABSTRAK Kertas ini memperkatakan wacana yang melibatkan intelektual di Malaysia. Ia menegaskan bahawa sesuai dengan perubahan sosio-politik, ‘bidang makna’ yang berkaitan konsep ‘intelektual’ dan lokasi sosial sebenar para intelektual itu sudah mengalami perubahan besar sepanjang abad dua puluh. Ini menimbulkan cabaran kepada sejarahwan yang ingin melihat masa lampau dengan kaca mata masa kini tetapi yang sepatutnya perlu difahami dengan tanggapan yang ikhlas sesuai dengan masanya. Selain itu, ia juga menimbulkan cabaran kepada penyelidik sains sosial untuk mengelak dari mengaitkan konsep masa lampau kepada konsep masa terkini supaya dapat memahami sumbangan ide dan kaitannya kepada masa lampau. Sehubungan itu, makalah ini memberi bayangan sekilas tentang persekitaran, motivasi dan sumbangan beberapa tokoh intelektual yang terkenal di Malaysia. Kata kunci: A Samad Ismail, intelektual, wacana, Alam Melayu ABSTRACT This paper focuses on the discourse in Malaysia concerning intellectuals. It asserts that in concert with political and sociological changes, the ‘field of meanings’ associated with the concept of ‘the intellectual’ and the actual social location of intellectual actors have undergone considerable change during the twentieth century. This flags the challenge for historians who are telling today’s stories about the past in today’s terms, but who have to try to understand that past on its own terms. Further, it flags the challenge for social scientists to not merely appropriate the concepts of past scholars in tying to understand the present, but rather to also understand the context in which those ideas had relevance. -
Women and the Law Reprinted Congressional
WOMEN AND THE LAW REPRINTED FROM THE 2007 ANNUAL REPORT OF THE CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA ONE HUNDRED TENTH CONGRESS FIRST SESSION OCTOBER 10, 2007 Printed for the use of the Congressional-Executive Commission on China ( Available via the World Wide Web: http://www.cecc.gov U.S. GOVERNMENT PRINTING OFFICE 40–784 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 13:14 Feb 20, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 U:\DOCS\40784.TXT DEIDRE CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA LEGISLATIVE BRANCH COMMISSIONERS House Senate SANDER LEVIN, Michigan, Chairman BYRON DORGAN, North Dakota, Co-Chairman MARCY KAPTUR, Ohio MAX BAUCUS, Montana MICHAEL M. HONDA, California CARL LEVIN, Michigan TOM UDALL, New Mexico DIANNE FEINSTEIN, California TIMOTHY J. WALZ, Minnesota SHERROD BROWN, Ohio DONALD A. MANZULLO, Illinois SAM BROWNBACK, Kansas JOSEPH R. PITTS, Pennsylvania CHUCK HAGEL, Nebraska EDWARD R. ROYCE, California GORDON H. SMITH, Oregon CHRISTOPHER H. SMITH, New Jersey MEL MARTINEZ, Florida EXECUTIVE BRANCH COMMISSIONERS PAULA DOBRIANSKY, Department of State CHRISTOPHER R. HILL, Department of State HOWARD M. RADZELY, Department of Labor DOUGLAS GROB, Staff Director MURRAY SCOT TANNER, Deputy Staff Director (II) VerDate 0ct 09 2002 13:14 Feb 20, 2008 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 U:\DOCS\40784.TXT DEIDRE C O N T E N T S Page Status of Women ............................................................................................. -
The War on Terrorism and the Internal Security Act of Singapore
Damien Cheong ____________________________________________________________ Selling Security: The War on Terrorism and the Internal Security Act of Singapore DAMIEN CHEONG Abstract The Internal Security Act (ISA) of Singapore has been transformed from a se- curity law into an effective political instrument of the Singapore government. Although the government's use of the ISA for political purposes elicited negative reactions from the public, it was not prepared to abolish, or make amendments to the Act. In the wake of September 11 and the international campaign against terrorism, the opportunity to (re)legitimize the government's use of the ISA emerged. This paper argues that despite the ISA's seeming importance in the fight against terrorism, the absence of explicit definitions of national security threats, either in the Act itself, or in accompanying legislation, renders the ISA susceptible to political misuse. Keywords: Internal Security Act, War on Terrorism. People's Action Party, Jemaah Islamiyah. Introduction In 2001/2002, the Singapore government arrested and detained several Jemaah Islamiyah (JI) operatives under the Internal Security Act (ISA) for engaging in terrorist activities. It was alleged that the detained operatives were planning to attack local and foreign targets in Singa- pore. The arrests outraged human rights groups, as the operation was reminiscent of the government's crackdown on several alleged Marxist conspirators in1987. Human rights advocates were concerned that the current detainees would be dissuaded from seeking legal counsel and subjected to ill treatment during their period of incarceration (Tang 1989: 4-7; Frank et al. 1991: 5-99). Despite these protests, many Singaporeans expressed their strong support for the government's actions. -
Home Team Connects 3.2021
3/2021 EDITOR’S PICK HTVN WEBINAR: CONNECTING YOU WITH THE HOME TEAM The Home Team Volunteer Network (HTVN) organised its third webinar via Zoom on 24 February evening. Titled Staying Vigilant Against Scams, SPF colleagues shared useful tips on how to avoid being scammed. Other highlights include Q&A segment related to the topic and dialogue session with both Co-Chairmen of HTVN, MOS Desmond Tan and A/P Ho Peng Kee. For Home Team volunteers who did not manage to join us, fret not as there will be more to come! Photo: HTVN Facebook HIGHLIGHTS ‘HTVN ASKS’ WITH MOS DESMOND TAN MOS Desmond Tan, Co-Chairman of the Home Team Volunteer Network (HTVN), takes on questions relating to HTVN and even a little bit about himself. Thank you to all Home Team Volunteers for the questions asked via our Facebook and Instagram stories. >> Check out the Q&A on HTVN FB START FROM YOUNG On 19th February, SCDF held the finale of its Junior Civil Defence Lionhearter Challenge virtually on Zoom. The Challenge saw close to 150 students from 28 primary schools participating in a series of cool lifesaving activities and Associate Professor Ho Peng Kee, Chairman of the Home Team Volunteer Network, graced the virtual event. Great work, everyone! #ANationOfLifesavers >> Check out highlights from the Challenge on SCDF FB PHOTO: SCDF COMMITTEE OF SUPPLY (COS) DEBATE 2021 At the COS Debate in Parliament on 1 March 2021, Minister K Shanmugam, Second Minister Josephine Teo, Minister of State Assoc Prof Muhammad Faishal Ibrahim and Minister of State Desmond Tan outlined key initiatives undertaken by the Home Team to keep Singapore safe and secure. -
The Taib Timber Mafia
The Taib Timber Mafia Facts and Figures on Politically Exposed Persons (PEPs) from Sarawak, Malaysia 20 September 2012 Bruno Manser Fund - The Taib Timber Mafia Contents Sarawak, an environmental crime hotspot ................................................................................. 4 1. The “Stop Timber Corruption” Campaign ............................................................................... 5 2. The aim of this report .............................................................................................................. 5 3. Sources used for this report .................................................................................................... 6 4. Acknowledgements ................................................................................................................. 6 5. What is a “PEP”? ....................................................................................................................... 7 6. Specific due diligence requirements for financial service providers when dealing with PEPs ...................................................................................................................................................... 7 7. The Taib Family ....................................................................................................................... 9 8. Taib’s modus operandi ............................................................................................................ 9 9. Portraits of individual Taib family members ........................................................................ -
THE UNREALIZED MAHATHIR-ANWAR TRANSITIONS Social Divides and Political Consequences
THE UNREALIZED MAHATHIR-ANWAR TRANSITIONS Social Divides and Political Consequences Khoo Boo Teik TRENDS IN SOUTHEAST ASIA ISSN 0219-3213 TRS15/21s ISSUE ISBN 978-981-5011-00-5 30 Heng Mui Keng Terrace 15 Singapore 119614 http://bookshop.iseas.edu.sg 9 7 8 9 8 1 5 0 1 1 0 0 5 2021 21-J07781 00 Trends_2021-15 cover.indd 1 8/7/21 12:26 PM TRENDS IN SOUTHEAST ASIA 21-J07781 01 Trends_2021-15.indd 1 9/7/21 8:37 AM The ISEAS – Yusof Ishak Institute (formerly Institute of Southeast Asian Studies) is an autonomous organization established in 1968. It is a regional centre dedicated to the study of socio-political, security, and economic trends and developments in Southeast Asia and its wider geostrategic and economic environment. The Institute’s research programmes are grouped under Regional Economic Studies (RES), Regional Strategic and Political Studies (RSPS), and Regional Social and Cultural Studies (RSCS). The Institute is also home to the ASEAN Studies Centre (ASC), the Singapore APEC Study Centre and the Temasek History Research Centre (THRC). ISEAS Publishing, an established academic press, has issued more than 2,000 books and journals. It is the largest scholarly publisher of research about Southeast Asia from within the region. ISEAS Publishing works with many other academic and trade publishers and distributors to disseminate important research and analyses from and about Southeast Asia to the rest of the world. 21-J07781 01 Trends_2021-15.indd 2 9/7/21 8:37 AM THE UNREALIZED MAHATHIR-ANWAR TRANSITIONS Social Divides and Political Consequences Khoo Boo Teik ISSUE 15 2021 21-J07781 01 Trends_2021-15.indd 3 9/7/21 8:37 AM Published by: ISEAS Publishing 30 Heng Mui Keng Terrace Singapore 119614 [email protected] http://bookshop.iseas.edu.sg © 2021 ISEAS – Yusof Ishak Institute, Singapore All rights reserved. -
Daim: New Financial Hub Proposal Merits Consideration (NST 11/03
11/03/2000 Daim: New financial hub proposal merits consideration Hardev Kaur in Jakarta JAKARTA, Fri: The proposal for a new financial centre, possibly based in Bandar Seri Begawan, to facilitate financial transactions among Malaysia, Indonesia and Brunei, deserves serious consideration despite there being already such centres in East Asia and South-East Asia. Indonesian President Abdurrahman Wahid, who had discussed the proposal with the Sultan of Brunei recently, raised the matter during bilateral talks with Prime Minister Datuk Seri Dr Mahathir Mohamad at the Merdeka Palace yesterday. Finance Minister Tun Daim Zainuddin said details of the proposal as well as implications of the move must be studied. He was asked whether there is room for another centre, considering there are already Labuan International Offshore Financial Centre (IOFC), the Bangkok Financial Centre, Singapore, Hong Kong and Tokyo. "If there is business, why not?" Daim said. In fact, members of the East Asia Growth Area (EAGA) - Malaysia, Brunei Indonesia and the Philippines - have agreed that the Labuan IOFC serve as the financial centre for the grouping. Even so, the proposal should not be rejected outright, he said, adding that Indonesia and Brunei might have their reasons for suggesting it. When Malaysia decided to set up Labuan IOFC, it undertook several detailed studies including looking at operations of existing financial centres such as the one in the Cayman Islands. Daim is in the high-powered delegation accompanying Dr Mahathir on his two-day official visit here. The Finance Minister, who is also Special Functions Minister, held parallel discussions with his counterpart and the republic's other economic ministers. -
Singapore Internet Case Study
THE e-CITY: SINGAPORE INTERNET CASE STUDY April 2001 Michael Minges, Magda Ismail and Larry Press wrote this report. Vanessa Gray provided editorial comments and Nathalie Delmas handled formatting and production. Vincent Tan Fu Ming of Radin Mas Primary School in Singapore drew the picture on the cover. The authors are indebted to the Infocomm Development Authority of Singapore (IDA) for its support and particularly Meng Chung Lee who graciously dealt with the logistics. The report is based on field research undertaken 24-28 July 2000 as well as reports and articles identified in the bibliography or as footnotes. We would like to thank Jenny Yeo (Radin Mas Primary School), Alvin Kuek (AsiaStockWatch), Yap Kwang Tan (Ministry of Education), Colin Quek (National Healthcare Group), Siew Luan Yap (AsiaOne), Yoke Wah Lum (Ministry of Health), Cecilia Yip (Singa- pore Broadcasting Authority), Vivien Chow (Singapore Cable Vision) as well as IDA for their valuable comments on the draft version of this report. The views expressed are those of the authors and may not necessarily re- flect the opinions of the International Telecommunication Union, its mem- bers, or the Government of the Republic of Singapore. This report is one of a series of Internet Case Studies. Additional information is available on the Internet Case Studies web site at www.itu.int/ti/casestudies. © ITU 2001 ii Contents 1. Country background ............................................................ 1 1.1 Overview............................................................................. 1 1.2 Demography ........................................................................ 1 1.3 Economy ............................................................................. 1 1.4 Human development............................................................. 2 1.5 Political ............................................................................... 2 2. Information and Communication Technology markets ......... 4 2.1 Telecommunication Sector ....................................................