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[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”). -
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. -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law. -
LRWC NEWSLETTER May 2012 Edition
NGO in Special Consultative Status with the Economic and Social Council of the United Nations www.lrwc.org – [email protected] – Tel: +1 604 738 0338 – Fax: +1 604 736 1175 LRWC NEWSLETTER May 2012 Edition LRWC ACTION NEWS BAHRAIN – AL KHAWAJA STOPS HUNGER STRIKE, REMAINS IN PRISON LRWC sent a letter to the King and Prime Minster of Bahrain on May 9, 2012, calling for the release of Mr. Al Khawaja and the other wrongfully convicted human rights defenders. LRWC was one of over a hundred organizations signing on to a similar letter from the International Federation of Human Rights. On June 22, 2011, Abdulhadi Al Khawaja, former President of the Bahrain Centre for Human Rights and 19 other political and human rights activists were sentenced to life in prison on charges of, “organizing and managing a terrorist organization”, “attempting to overthrow the Government by force”, “working for a foreign country”, and “collecting money for a terrorist group”. On February 9, 2012, Mr. Al Khawaja began a hunger strike to protest the wrongful convictions and sentences, which were handed down by a military tribunal: the discredited – and now disbanded – National Security Court of Bahrain. Although a review of the convictions is underway, Mr. Al Khawaja’s health has deteriorated due to his lengthy hunger strike (which ended on May 28 after 110 days), coupled with his treatment during detention. The Bahrain Independent Commission of Inquiry has confirmed that Mr. Al Khawaja has been subjected to prolonged torture during his detention, and reports indicate he has also been the target of sexual assaults. -
Sixth Schedule Consequential and Related
SIXTH SCHEDULE Section 430 CONSEQUENTIAL AND RELATED AMENDMENTS TO OTHER WRITTEN LAWS First column Second column 1. Accounting and Corporate Regulatory Authority Act (Chapter 2A, 2005 Ed.) Section 33(1) Insert, immediately after the words “the Second Schedule may”, the words “, with the authorisation of the Public Prosecutor,”. 2. Administration of Muslim Law Act (Chapter 3, 2009 Ed.) Section 43 Delete the words “Chapter XXXII of the Criminal Procedure Code (Cap. 68)” in paragraph ( e) and substitute the words “Division 1 of Part XXI of the Criminal Procedure Code 2010”. 3. Animals and Birds Act (Chapter 7, 2002 Ed.) Section 67 Delete subsection (2) and substitute the following subsection: (2) For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the complaint in writing and signed by the Director- General or an authorised officer, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010. 4. Arms and Explosives Act (Chapter 13, 2003 Ed.) Section 40 (i) Delete the words “written sanction” in subsection (1) and substitute the word “consent”. (ii) Delete the word “sanction” wherever it appears in subsections (2), (3) and (4) and substitute in each case the word “consent”. (iii) Delete the section heading and substitute the following section heading: Consent 5. Banishment Act (Chapter 18, 1985 Ed.) Section 8(4) (i) Delete the words “section 43 of the Criminal Procedure Code” and substitute the words “section 116 of the Criminal Procedure Code 2010”. (ii) Delete the marginal reference “Cap. 68.”. 6. Banking Act (Chapter 19, 2008 Ed.) Section 73 (i) Delete the word “Attorney-General” and substitute the words “Public Prosecutor”. -
3668212B-95De-4Ea1-9934
THE STATUTES OF THE REPUBLIC OF SINGAPORE CORRUPTION, DRUG TRAFFICKING AND OTHER SERIOUS CRIMES (CONFISCATION OF BENEFITS) ACT (CHAPTER 65A) (Original Enactment: Act 29 of 1992) REVISED EDITION 2000 (1st July 2000) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275) Informal Consolidation – version in force from 2/1/2021 CHAPTER 65A 2000 Ed. Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation 2A. Meaning of “item subject to legal privilege” 3. Application 3A. Suspicious Transaction Reporting Office PART II CONFISCATION OF BENEFITS OF DRUG DEALING OR CRIMINAL CONDUCT 4. Confiscation orders 5. Confiscation orders for benefits derived from criminal conduct 5A. Confiscation order unaffected by confiscation order under Organised Crime Act 2015 6. Live video or live television links 7. Assessing benefits of drug dealing 8. Assessing benefits derived from criminal conduct 9. Statements relating to drug dealing or criminal conduct 10. Amount to be recovered under confiscation order 11. Interest on sums unpaid under confiscation order 12. Definition of principal terms used 13. Protection of rights of third party PART III ENFORCEMENT, ETC., OF CONFISCATION ORDERS 14. Application of procedure for enforcing fines 1 Informal Consolidation – version in force from 2/1/2021 Corruption, Drug Trafficking and Other Serious Crimes 2000 Ed. (Confiscation of Benefits) CAP. 65A 2 Section 15. Cases in which restraint orders and charging orders may be made 16. Restraint orders 17. Charging orders in respect of land, capital markets products, etc. -
Criminal Procedure Code (Chapter 68)
CRIMINAL PROCEDURE CODE (CHAPTER 68) (Original Enactment: Act 15 of 2010) REVISED EDITION 2012 (31st August 2012) An Act relating to criminal procedure. [2nd January 2011] PART I PRELIMINARY Short title 1. This Act may be cited as the Criminal Procedure Code and is generally referred to in this Act as this Code. Interpretation 2. —(1) In this Code, unless the context otherwise requires — ―advocate‖ means an advocate and solicitor lawfully entitled to practise criminal law in Singapore; ―arrestable offence‖ and ―arrestable case‖ mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law; ―bailable offence‖ means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and ―non-bailable offence‖ means any offence other than a bailable offence; ―complaint‖ means any allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person, whether known or unknown, has committed or is guilty of an offence; ―computer‖ has the same meaning as in the Computer Misuse and Cybersecurity Act (Cap. 50A); [Act 3 of 2013 wef 13/03/2013] ―court‖ means the Court of Appeal, the High Court, a District Court or a Magistrate’s Court, as the case may be, which exercises criminal jurisdiction; ―criminal record‖ means the record of any — (a) conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act (Cap. -
Flogging Gum: Cultural Imaginaries and Postcoloniality in Singaporeâ
Law Text Culture Volume 18 The Rule of Law and the Cultural Article 10 Imaginary in (Post-)colonial East Asia 2014 Flogging Gum: Cultural Imaginaries and Postcoloniality in Singapore’s Rule of Law Jothie Rajah American Bar Foundation Follow this and additional works at: http://ro.uow.edu.au/ltc Recommended Citation Rajah, Jothie, Flogging Gum: Cultural Imaginaries and Postcoloniality in Singapore’s Rule of Law, Law Text Culture, 18, 2014, 135-165. Available at:http://ro.uow.edu.au/ltc/vol18/iss1/10 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Flogging Gum: Cultural Imaginaries and Postcoloniality in Singapore’s Rule of Law Abstract One of the funny things about living in the United States is that people say to me: ‘Singapore? Isn’t that where they flog you for chewing gum?’ – and I am always tempted to say yes. This question reveals what sticks in the popular US cultural imaginary about tiny, faraway Singapore. It is based on two events: first, in 1992, the sale of chewing gum was banned (Sale of Food [Prohibition of Chewing Gum] Regulations 1992), and second, in 1994, 18 year-old US citizen, Michael Fay, convicted of vandalism for having spray-painted some cars was sentenced to six strokes of the cane (Michael Peter Fay v Public Prosecutor).1 If Singapore already had a reputation for being a nanny state, then these two events simultaneously sharpened that reputation and confused the stories into the composite image through which Americans situate Singaporeans. -
2014 National History Bowl National Championships Round
United States Geography Olympiad Round 2 1. This location was where a 1956 airliner crash, the first in the U.S. to result in more than a hundred deaths, took place. Former Rough Rider Buckey O"Neill has a namesake cabin at this location, and the four "Mary Jane Colter Buildings" are also here. It was named by John Wesley Powell, who led a nine-man boat expedition through this site in 1869, and it has a "skywalk" maintained by the Hualapai tribe. The Pueblo people regarded this location as their holy site "Ongtupqa." Now a national park, it was called "beyond comparison" by Teddy Roosevelt. For the point, name this 277-mile wide, mile-deep fissure carved by the Colorado River in Arizona. ANSWER: Grand Canyon 052-13-94-30101 2. This region featured the construction of dueling world's tallest flagpoles in the 1980s. The U.S. staged Operation Paul Bunyan in this region after the 1976 "axe murder incident." Commandos snuck across it in 1968 in the failed Blue House Raid to assassinate a president later killed by his own security forces in 1979. This region has a "Joint Security Area" located at Panmunjeom, and it was created after a 1953 armistice. For the point, name this strip of land running along the 38th parallel north which separates two countries, including a Communist one led by Kim Jong-un. ANSWER: Korean Demilitarized Zone [or Korean DMZ; or Korean border; prompt on Panmunjeom until it is read; prompt on Korea] 052-13-94-30102 3. Roy Sesana is an activist for these people, many of whom were relocated to New Xade (cha-DAY) in 1997. -
Transparency and Authoritarian Rule in Southeast Asia
TRANSPARENCY AND AUTHORITARIAN RULE IN SOUTHEAST ASIA The 1997–98 Asian economic crisis raised serious questions for the remaining authoritarian regimes in Southeast Asia, not least the hitherto outstanding economic success stories of Singapore and Malaysia. Could leaders presiding over economies so heavily dependent on international capital investment ignore the new mantra among multilateral financial institutions about the virtues of ‘transparency’? Was it really a universal functional requirement for economic recovery and advancement? Wasn’t the free flow of ideas and information an anathema to authoritarian rule? In Transparency and Authoritarian Rule in Southeast Asia Garry Rodan rejects the notion that the economic crisis was further evidence that ulti- mately capitalism can only develop within liberal social and political insti- tutions, and that new technology necessarily undermines authoritarian control. Instead, he argues that in Singapore and Malaysia external pres- sures for transparency reform were, and are, in many respects, being met without serious compromise to authoritarian rule or the sanctioning of media freedom. This book analyses the different content, sources and significance of varying pressures for transparency reform, ranging from corporate dis- closures to media liberalisation. It will be of equal interest to media analysts and readers keen to understand the implications of good governance debates and reforms for democratisation. For Asianists this book offers sharp insights into the process of change – political, social and economic – since the Asian crisis. Garry Rodan is Director of the Asia Research Centre, Murdoch University, Australia. ROUTLEDGECURZON/CITY UNIVERSITY OF HONG KONG SOUTHEAST ASIAN STUDIES Edited by Kevin Hewison and Vivienne Wee 1 LABOUR, POLITICS AND THE STATE IN INDUSTRIALIZING THAILAND Andrew Brown 2 ASIAN REGIONAL GOVERNANCE: CRISIS AND CHANGE Edited by Kanishka Jayasuriya 3 REORGANISING POWER IN INDONESIA The politics of oligarchy in an age of markets Richard Robison and Vedi R. -
UPDATE NO. 1 SINGAPORE HUMAN RIGHTS ALERT ...1Q Community
UPDATE NO. 1 26.5.87 ., SINGAPORE HUMAN RIGHTS ALERT .... 1Q Community Leaders Detained Qy Security Police ' Early in the morning of Thursday 21 May sixteen community leaders in Singapore were picked up and detained by the Internal Security Department of the Singapore Government . • RESPECTED LAWYER DETAINED One of those taken is MS Teo Soh Lung, a member of the Law Society Council and a respected lawyer who has a long record of comunity service. Last year she achieved national prom1nence by giving evidence to a Parliamentary Select Committee against a ( bill which undermined the inde pendence of the legal profession. The Law Society has held emergency meetings to express its concern and to initiate urgent enquiries of the government. The sixteen leaders are involved in community work. women's awareness groups, journalism, publishing, community law, the dramatic arts. civil liberties. church work and an opposition party. Nine of them are women , four hove graduated from universities in the United Kingdom. two are Malaysian citizens. and ten have been working with the Catholic Church (full or part time) . ALLEGED COMMUNIST NETWORK On Friday 22 May the government-controlled STRAITS TIMES reported a statement from the Ministry for Home Affairs saying that the community leaders were arrested "in connection with investigations into a clandestine communist network" . Investigations are proceeding and a detailed statement would be issued "in due course". CHURCH REACTION The same day Father Patrick Goh. National Chaplain of Young Christian Workers. wrote to the government expressing his shock and attesting to the Christian faith and commitment of the detainees. -
Political Detainees in Singapore, 1950-2015
Political Detainees in Singapore, 1950-2015 Compiled by Loh Miao Ping (Loh Miaw Gong ) S/No Names (Eng.) Name (Ch.) Occupation Date of Arrest Date of Release 1 Choo Chi Cho 朱奇卓 Journalist of Nan Chiau Jit Poh 1950.03.10. Banished to China on 1950.12.05. 2 Zheng Bo Hua * 郑伯华 Chinese High School Teacher 1950.05.31. 3 Yang Quee Yee 杨贵谊 Chinese High School Student 1950.05.31. Deported to Johor on 1950.08.10 4 Lee Yew Wing 李耀荣 Chinese High School Student 1950.05.31. Released on 1950.06.14. 5 Liu Yu Hui * 刘玉辉 Chinese High School Student 1950.06.31. 6 Feng Yi Dong * 冯以东 Chinese High School Student 1950.06.31. 7 Luo Qian Yuan * 罗乾元 Chinese High School Student 1950.06.31. 8 Li Hui Rong * 李辉荣 Chinese High School Student 1950.06.31. 9 Li Zhong Lin * 黎忠霖 Chinese High School Student 1950.06.31. 10 Chen De Xian * 陈德贤 Chinese High School Student 1950.06.31. Deported to Palembang 11 Chen De Hong * 陈德鸿 Chinese High School Student 1950.06.31. Deported to Palembang 12 Huang Shi Chuan * 黄世川 Chinese High School Student 1950.06.31. Deported to Padang 13 Yun Da Feng * 云大峰 Chinese High School Student 1950.06.31, Deported to Sarawak 14 Yan Xing Yuan * 颜兴源 Chinese High School Student 1950.06.31. Deported to Muar 15 Zheng Zhen Rong * 郑振荣 Chinese High School Student 1950.06.31 Deported to Padang 16 Chan Sun Wing 陈新嵘 Chinese High School Student 1950.07.19. Released in 1950.10.00.