Death by Discretion
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331KB***Administrative and Constitutional
(2016) 17 SAL Ann Rev Administrative and Constitutional Law 1 1. ADMINISTRATIVE AND CONSTITUTIONAL LAW THIO Li-ann BA (Oxon) (Hons), LLM (Harvard), PhD (Cantab); Barrister (Gray’s Inn, UK); Provost Chair Professor, Faculty of Law, National University of Singapore. Introduction 1.1 In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.1 1.2 Most constitutional law cases revolved around Art 9 issues. Judicial observations on the nature or scope of specific constitutional powers were made in cases not dealing directly with constitutional arguments. See Kee Oon JC in Karthigeyan M Kailasam v Public Prosecutor2 noted the operation of a presumption of legality and good faith in relation to acts of public officials; the Prosecution, in particular, is presumed “to act in the public interest at all times”, in relation to all prosecuted cases from the first instance to appellate level. -
Internal Communication Clearance Form
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions REFERENCE: UA G/SO 214 (33-27) SGP 1/2012 23 April 2012 Excellency, I have the honour to address you in my capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions pursuant to General Assembly resolution 60/251 and to Human Rights Council resolution 17/5. In this connection, I would like to draw the attention of your Excellency‟s Government to the case of Mr. Yong Vui Kong, sentenced to death on drug trafficking charges. In my previous communication sent on 6 September 2011, concerning the case of Mr. Roslan Bin Bakar, also sentenced to death on drug trafficking charges in Singapore, I shared with your Excellency‟s Government my concerns and the interpretation of the applicable norms and standards under international law. While acknowledging your Excellency‟s Government‟s response dated 3 January 2012, I would like to reiterate my views and concerns regarding the mandatory imposition of the death penalty for drug trafficking offences in Singapore and the fact that such offences do not meet the threshold of “most serious crimes” as prescribed in Safeguard 1 of the Safeguards guaranteeing protection of the rights of those facing the death penalty. With respect to the case of Mr. Yong Vui Kong, the following information has been drawn to my attention: Mr. -
Micheal Anak Garing V Public Prosecutor and Another Appeal
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2017] SGCA 07 Criminal Appeal No 9 of 2015 Between MICHEAL ANAK GARING … Appellant And PUBLIC PROSECUTOR … Respondent Criminal Appeal No 11 of 2015 Between PUBLIC PROSECUTOR … Appellant And TONY ANAK IMBA … Respondent In the matter of Criminal Case No 19 of 2013 Between PUBLIC PROSECUTOR And (1) MICHEAL ANAK GARING (2) TONY ANAK IMBA JUDGMENT [Criminal Law]—[Offences]—[Murder] [Criminal Procedure and Sentencing]—[Sentencing]—[Appeals] 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. Micheal Anak Garing v Public Prosecutor and another appeal [2017] SGCA 07 Court of Appeal — Criminal Appeals Nos 9 and 11 of 2015 Chao Hick Tin JA, Andrew Phang Boon Leong JA and Judith Prakash JA 5 September 2016 27 February 2017 Judgment reserved. Chao Hick Tin JA (delivering the judgment of the court): Introduction 1 Micheal Anak Garing (“MAG”) and Tony Anak Imba (“TAI”) were both tried in the High Court under s 300(c) of the Penal Code (Cap 224, 2008 Rev Ed) for the murder of one Shanmuganathan Dillidurai (“the deceased”). They were both charged with murder committed in furtherance of a common intention, and were thus liable to be punished under s 302(2) read with s 34 of the Penal Code. 2 MAG and TAI, together with two other friends, Hairee Anak Landak (“HAL”) and Donny Anak Meluda (“DAM”) (collectively, “the Gang”), had set out from a friend’s house on the night of 29 May 2010 with a preconceived plan to commit robbery. -
Internal Communication Clearance Form
HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND Mandates of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment REFERENCE: UA SGP 3/2015: 30 October 2015 Excellency, We have the honour to address you in our capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment pursuant to Human Rights Council resolutions 26/12 and 25/13. In this connection, we would like to bring to the attention of your Excellency’s Government information we have received concerning the imminent execution of Mr. Kho Jabing, a Malaysian national sentenced to death for murder by a Singaporean court. According to the information received: On 30 July 2010, Mr. Kho Jabing, a Malaysian national and a co-defendant were convicted of murder in Singapore after a 2008 robbery resulting in death. As the capital punishment was mandatory for murder until 2012, they were sentenced to death. On 24 May 2011, Mr. Jabing’s co-defendant was convicted of “robbery with hurt” while his death sentence was confirmed. In 2012, following a penal reform Singapore reviewed its mandatory capital punishment laws. The courts were allowed to impose either the death penalty or other sanctions including life imprisonment for drug trafficking and murder. On 30 April 2013, the Court of Appeal decided to re-sentence Mr. Jabing, arguing that his case meets the requirements of the definition of murder under Section 300(c) of the Penal Code, stating that when there is no intention to cause death judges have the option to impose either the death penalty or life imprisonment or caning. -
Criminal Law Conference 2019 7 March 2019 Opening Address by Deputy Attorney-General, Hri Kumar Nair S.C
Criminal Law Conference 2019 7 March 2019 Opening Address by Deputy Attorney-General, Hri Kumar Nair S.C. Towards a More Efficient and Just Criminal Process Distinguished Guests Ladies and Gentlemen I. INTRODUCTION 1 I would like to touch on the topic of a just criminal process, and in particular, on a facet of justice that is often overlooked. When we talk about achieving justice in the criminal context, we often have in our minds the twin ends of securing the conviction and punishment of the guilty on the one hand, and the acquittal of the innocent on the other. Any criminal legal system which desires to be regarded as just must necessarily aspire towards these twin outcomes. But we must be careful that the ends of justice do not obscure the means by which we arrive at them. In this regard, I suggest that a necessary condition of justice is a criminal process which secures the ends of justice by fairly as well as efficiently resolving cases. 2 The link between efficiency and justice is not a new one, nor one which is controversial. In 1996, then Attorney-General Mr Chan Sek Keong, delivering the 10th Singapore Law Review Lecture, observed that: Any model of the criminal process we should strive for… must be efficient, ie, it should be able to speedily “apprehend, try, convict and dispose of a high proportion of criminal offenders whose offences become known”. 3 There are, to my mind, three reasons why the efficient resolution of criminal cases coheres with the demands of justice: (a) First, and most obviously, the timely resolution of a case enables us to reach the aforesaid ends of justice. -
Paginator.Book([2010] 2 SLR 0192.Fm)
paginator.book Page 192 Tuesday, April 6, 2010 3:40 PM 192 SINGAPORE LAW REPORTS [2010] 2 SLR Yong Vui Kong v Public Prosecutor [2009] SGCA 64 Court of Appeal — Criminal Motion No 41 of 2009 Chan Sek Keong CJ, Andrew Phang Boon Leong JA and V K Rajah JA 8 December 2009 Courts and Jurisdiction — Jurisdiction — Appellate — Whether Court of Appeal functus officio after delivery of judgment on case — Whether Court of Appeal had inherent jurisdiction to re-open appeals in light of discovery of new exonerative evidence or mistake on the law made in judicial process Courts and Jurisdiction — Jurisdiction — Appellate — Whether Court of Appeal had jurisdiction to permit applicant who had withdrawn his appeal to pursue his appeal — Whether withdrawal was a nullity — Whether withdrawal vitiated by mistake — Whether applicant’s failure to appreciate that he might proceed with appeal by challenging constitutional validity of mandatory death penalty was a fundamental mistake Courts and Jurisdiction — Jurisdiction — Appellate — Whether Court of Appeal’s jurisdiction and power to permit appeal was circumscribed by President’s decision to refuse to grant clemency to applicant Criminal Procedure and Sentencing — Stay of execution — Whether High Court had jurisdiction and power to grant stay of execution of death sentence under s 251 Criminal Procedure Code (Cap 68, 1985 Rev Ed) Facts The applicant, who had been convicted of drug trafficking and sentenced to death, having previously withdrawn his appeal, sought an extension of time to pursue his appeal against -
Introductory Note to Yong Vui Kong V Public Prosecutor (Sing.Ct.App)
Introductory note to Yong Vui Kong v Public Prosecutor (Sing.ct.app) ANGOR UNIVERSITY McDermott , Yvonne International Legal Materials DOI: 10.5305/intelegamate.55.2.0307 PRIFYSGOL BANGOR / B Published: 01/05/2016 Peer reviewed version Cyswllt i'r cyhoeddiad / Link to publication Dyfyniad o'r fersiwn a gyhoeddwyd / Citation for published version (APA): McDermott , Y. (2016). Introductory note to Yong Vui Kong v Public Prosecutor (Sing.ct.app). International Legal Materials, 55(2), 307-338. https://doi.org/10.5305/intelegamate.55.2.0307 Hawliau Cyffredinol / General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. 05. Oct. 2021 INTRODUCTORY NOTE TO YONG VUI KONG V. PUBLIC PROSECUTOR (SING. CT. APP.) BY YVONNE MCDERMOTT*1 [March 4, 2015] +Cite as 55 ILM xx (2016)+ Introduction On March 4, 2015, Singapore’s Court of Appeal issued its judgment in Yong Vui Kong v. -
Going Backwards: the Death Penalty in Southeast Asia
GOING BACKWARDS The death penalty in Southeast Asia October 2016 / N° 682a October Cover photo: An anti-death penalty advocate displays a placard in front of the Supreme Court in Manila on 26 January 2004 to call on the government to stop the scheduled executions of two convicted kidnappers. © Joel Nito / AFP tabLE OF CONTEnts Introduction 4 Brunei Darussalam: Death penalty under Sharia Criminal Code looms 5 Burma: Happy to remain de facto abolitionist 5 Indonesia: Executions continue, more crimes punishable by death 6 Laos: No progress towards abolition 8 Malaysia: Reform stalled amid ongoing executions 9 Philippines: New President proposes reintroduction of capital punishment 10 Singapore: Government defends capital punishment, executions continue 12 Thailand: Dragging its feet on abolition 13 Vietnam: Capital punishment still on the books despite law amendments 15 The death penalty in Southeast Asia: Key facts & figures 16 Recommendations to countries in Southeast Asia 17 Introduction Over the past year, Southeast Asia has witnessed significant setbacks with regard to the abolition of the death penalty. Indonesia, Malaysia, and Singapore have all carried out executions. It is unknown whether any executions were carried out in Vietnam, where statistics on the death penalty continue to be classified as ‘state secrets.’ In the name of combating drug trafficking, Indonesian President Joko Widodo is rapidly becoming Southeast Asia’s top executioner. The Philippines, which effectively abolished the death penalty for all crimes in 2006, is considering reinstating capital punishment as part of President Rodrigo Duterte’s ill-conceived and disastrous ‘war on drugs.’ Over the past year, slow or no progress towards the complete abolition of the death penalty for all crimes has been observed in Brunei Darussalam, Burma, Laos, and Thailand – countries that have attained, or are close to attaining, the status of de facto abolitionist. -
International Collaborative Working Towards Death Penalty Abolition Page 1 of 2
International collaborative working towards death penalty abolition Page 1 of 2 International collaborative working towards death penalty abolition By Melissa Parke Published on Thursday, 26 November 2015 16:30 Ms Parke (4:30pm) — Last week in Kuala Lumpur I participated in a parliamentary round table concerning the abolition of the death penalty in Malaysia that was co-hosted by the Parliament of Malaysia and the Parliamentarians for Global Action, the PGA, of which I am a member and the chair of the Australian national group. At the round table I met the family of a 31-year-old Malaysian man, Kho Jabing, who faces imminent execution in Singapore. Kho Jabing's petition for clemency was rejected on 19 October by President Tony Tan Keng Yam, and his execution was initially set for 6 November. Just a day before he was to be sent to the gallows he was granted a temporary stay of execution to allow for the consideration of two separate legal challenges put forward on his behalf. This is a story all too familiar on death row cases. The life of a young man being held in the balance as lawyers and the courts battle to determine his fate. Kho Jabing and a co-defendant were convicted of murder on 30 July 2010, which at the time carried a mandatory death sentence. In 2012 Singapore amended its penal code to reduce the scope of mandatory death sentences, giving the courts discretion not to impose the death penalty in instances when there is no intention to cause death. On the basis that Kho Jabing did not intend to cause death, the High Court in 2013 resentenced him to life imprisonment and 24 strokes of the cane. -
Aravind Ganesh CRIDHO Working Paper 2010/01 CRIDHO Working Paper 2008/01
Insulating the Constitution: Yong Vui Kong v Public Networks of European NaProsecutortional Hum [2010]an Rig SGCAhts In 20stitutions Gauthier de Beco Aravind Ganesh CRIDHO Working Paper 2010/01 CRIDHO Working Paper 2008/01 Université catholique de Louvain Faculté de droit Centre de philosophie du droit Cellule de recherche interdisciplinaire en droits de l’homme www.cpdr.ucl.ac.be/cridho La Cellule de recherche interdisciplinaire en droits de l'homme (CRIDHO) a été constituée au sein du Centre de philosophie du droit, Institut extra- facultaire de l'Université catholique de Louvain, par des chercheurs soucieux de réfléchir le développement contemporain des droits fondamentaux à l'aide d'outils d'autres disciplines, notamment l'économie et la philosophie politique. La CRIDHO travaille sur les rapports entre les mécanismes de marché et les droits fondamentaux, aussi bien au niveau des rapports interindividuels qu'au niveau des rapports noués entre Etats dans le cadre européen ou international. CRIDHO Working Papers Tous droits réservés. Aucune partie de ce document ne peut être publiée, sous quelque forme que ce soit, sans le consentement de l’auteur. The Interdisciplinary Research Cell in Human Rights (CRIDHO) has been created within the Centre for Legal Philosophy (CPDR), an extra-department Institute of the University of Louvain, by scholars seeking to understand the development of fundamental rights by relying on other disciplines, especially economics and political philosophy. The CRIDHO works on the relationship between market mechanisms and fundamental rights, both at the level of interindividual relationships as at the level of the relationships between States in the European or international context. -
Yong Vui Kong V Attorney-General [2010] SGHC
Yong Vui Kong v Attorney-General [2010] SGHC 235 Case Number : Originating Summons No 740 of 2010 Decision Date : 13 August 2010 Tribunal/Court : High Court Coram : Steven Chong J Counsel Name(s) : M Ravi (L F Violet Netto) for the plaintiff; David Chong SC, Shawn Ho Hsi Ming and Tan Shin Yi (Attorney-General's Chambers) for the defendant. Parties : Yong Vui Kong — Attorney-General Constitutional Law [LawNet Editorial Note: The appeal to this decision in Civil Appeal No 144 of 2010 was dismissed by the Court of Appeal on 4 April 2011. See [2011] SGCA 9.] 13 August 2010 Judgment reserved. Steven Chong J: Introduction 1 This is an application by way of an ex parte originating summons pursuant to O 53 of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) (“ROC”) for leave to seek, in essence, a permanent stay of execution on the death sentence passed on the applicant, Mr Yong Vui Kong (“Yong”), because of alleged flaws in the clemency process provided for by Article 22P of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) (the “Constitution”). This application raises issues of public importance that hitherto have not been the subject of any earlier judicial pronouncement in Singapore. Specifically, it raises the issue of whether the clemency process is subject to judicial review. The examination of this issue would entail a comparative review of the jurisprudence on this subject in several Commonwealth jurisdictions including England, the birthplace of the “high prerogative of mercy”. Background The procedural history 2 This application is the latest legal challenge mounted by Mr M Ravi, Yong’s present counsel, (“Mr Ravi”), on behalf of Yong. -
Yong Vui Kong V Public Prosecutor [2015] SGCA 11
Yong Vui Kong v Public Prosecutor [2015] SGCA 11 Case Number : Criminal Appeal No 11 of 2013 Decision Date : 04 March 2015 Tribunal/Court : Court of Appeal Coram : Sundaresh Menon CJ; Andrew Phang Boon Leong JA; Tay Yong Kwang J Counsel Name(s) : M Ravi (L F Violet Netto) for the appellant; Tai Wei Shyong, Francis Ng, Sarala Subramaniam and Scott Tan (Attorney-General's Chambers) for the respondent. Parties : Yong Vui Kong — Public Prosecutor Criminal Law – Misuse of Drugs Act Constitutional Law – Fundamental liberties – Right to life and personal liberty Constitutional Law – Equal protection of the law 4 March 2015 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 This is an appeal against the decision of the High Court judge (“the Judge”) in Criminal Motion 56 of 2013 to re-sentence the Appellant to life imprisonment and 15 strokes of the cane for drug trafficking. This was the sentence that the Appellant had contended for before the Judge. The Appellant now argues that the sentence of caning violates Arts 9(1) and 12(1) of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) (“the Constitution”). This was the central issue raised in this appeal. Background facts 2 The Appellant was charged with trafficking in 47.27g of diamorphine, which is an offence under s 5(1)(a) of the Misuse of Drugs Act (Cap 185, 2001 Rev Ed) (“the MDA”). The offence was committed on 12 June 2007. He was convicted after a trial and sentenced to death by the Judge on 14 November 2008.