SAL Annual Report 2006
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Rule of Law Without Democratization: Cambodia and Singapore in Comparative Perspective
Griffith Asia Institute Research Paper Rule of Law without Democratization: Cambodia and Singapore in Comparative Perspective Stephen McCarthy and Kheang Un ii About the Griffith Asia Institute The Griffith Asia Institute produces relevant, interdisciplinary research on key developments in the politics, security and economies of the Asia-Pacific. By promoting knowledge of Australia’s changing region and its importance to our future, the Griffith Asia Institute seeks to inform and foster academic scholarship, public awareness and considered and responsive policy making. The Institute’s work builds on a long Griffith University tradition of providing multidisciplinary research on issues of contemporary significance in the region. Griffith was the first University in the country to offer Asian Studies to undergraduate students and remains a pioneer in this field. This strong history means that today’s Institute can draw on the expertise of some 50 Asia–Pacific focused academics from many disciplines across the university. The Griffith Asia Institute’s ‘Research Papers’ publish the institute’s policy-relevant research on Australia and its regional environment. The texts of published papers and the titles of upcoming publications can be found on the Institute’s website: www.griffith.edu.au/asiainstitute ‘Rule of Law without Democratization: Cambodia and Singapore in Comparative Perspective’ 2018 iii About the Authors Stephen McCarthy Stephen McCarthy is a Senior Lecturer in South East Asian politics in the School of Government and International Relations and a member of the Griffith Asia Institute at Griffith University. He received his PhD in political science from Northern Illinois University and has published widely on Burmese politics and South East Asia in international journals including The Pacific Review, Asian Survey, Pacific Affairs, Democratization and International Political Science Review. -
The Evolution of the Singapore Criminal Justice Process
(2019) 31 SAcLJ 1042 (Published on e-First 23 July 2019) THE EVOLUTION OF THE SINGAPORE CRIMINAL JUSTICE PROCESS This article analyses the Singapore criminal justice process in the context of Herbert Packer’s Crime Control and Due Process models. It begins by analysing the features and goals of the two models before applying them to recent changes and developments in the Singapore criminal justice system. The article will focus in particular on developments in societal attitudes and values, legislative and executive policy, detention without trial, amendments to the Criminal Procedure Code (Cap 68, 2012 Rev Ed), the statement of facts in guilty-plea cases, Kadar disclosure and the judicial discretion to exclude evidence. Following an analysis of these developments, the article will then assess the change in balance between the two models in the Singapore criminal justice system as well as comment on the trend and future of our criminal justice process. Keith Jieren THIRUMARAN LLB (Hons) (National University of Singapore) I. Introduction 1 The criminal justice process is the backbone of society that provides the context in which the substantive criminal law operates. The process includes all the activities “that operate to bring the substantive law of crime to bear (or to keep it from coming to bear)” on accused persons.1 In his seminal book2 and article,3 Herbert Packer espoused two renowned models that elucidate the framework for analysing the criminal justice process: the Crime Control Model and the Due Process Model. This article will analyse the unique Singapore criminal justice process to determine where it currently lies on the spectrum between the two models. -
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. -
1 International Justice Forum 2019 MANAGING
International Justice Forum 2019 MANAGING QUALITY OF JUSTICE: GLOBAL TRENDS AND BEST PRACTICES Justice Steven Chong I. Introduction 1. In the global discourse on justice and quality of justice, much has been said about the substantive aspects of the law and justice – the importance of developing sound legal principles, a consistent body of jurisprudence, and adherence to the rule of law ideal. Somewhat less has been said of the procedural aspects – the legal rules of procedure which balance due process and the efficient running of the system. But almost nothing is said of what, in my view, is a matter oft-overlooked, and yet of critical importance – court administration and management. 2. The judiciary is, of course, an organ of state, but it is also, elementally, an organisation. Like any organisation, the courts face issues of administration and management – budgeting, human resources, public communications – and failings in these respects are just as much a threat to the administration of justice as are failings in the quality of its decisions. The key to success lies not just in elocution, but in execution; and failure lurks not just in the spectacular, but in the mundane as well. 3. This pragmatic thinking is almost hardwired into the Singaporean consciousness. Our founding Prime Minister, Mr Lee Kuan Yew, himself a former lawyer, put it this way: “The acid test of any legal system is not the Judge of Appeal, Supreme Court of Singapore. I wish to acknowledge the valuable assistance of my law clerk, Mr Reuben Ong, in the research of this paper. 1 greatness or grandeur of its ideal concepts, but whether in fact it is able to produce order and justice in the relationships between man and man and between man and the State.”1 Being an island-nation with no natural resources and a tiny population entirely dependent on entrepot trade and foreign investment, the development of a robust, respected and sophisticated legal system which commands the confidence of foreign traders and investors is nothing less than a matter of survival for us. -
Eu Kong Weng V Singapore Medical Council [2011]
Eu Kong Weng v Singapore Medical Council [2011] SGHC 68 Case Number : Originating Summons No 829 of 2010 Decision Date : 17 March 2011 Tribunal/Court : High Court Coram : Chan Sek Keong CJ; Andrew Phang Boon Leong JA; V K Rajah JA Counsel Name(s) : Edwin Tong, Tham Hsu Hsien, Jacqueline Chua and Magdelene Sim (Allen & Gledhill LLP) for the appellant; Tan Chee Meng SC, Chang Man Phing, Kwek Lijun Kylee and Ung Ewe Hong Maxine (WongPartnership LLP) for the respondent. Parties : Eu Kong Weng — Singapore Medical Council Professions – Medical Profession and Practice 17 March 2011 Judgment reserved. Chan Sek Keong CJ (delivering the judgment of the court): 1 We provide herewith our grounds of judgment. Our findings are as follows. This is an appeal by Dr Eu Kong Weng (“Dr Eu”) against the Disciplinary Committee’s (“DC”) decision on conviction and sentence. The DC found Dr Eu guilty of professional misconduct under section 45(1)(d) of the Medical Registration Act (Cap 174, 2004 Rev Ed) (“the Act”) on one charge of failure to obtain informed consent from one Ang Gee Kwang (“Ang”) for a staple haemorrhoidectomy (“SH”). The DC imposed a three-month suspension on Dr Eu, ordered that Dr Eu be censured, that he give a written undertaking to the Singapore Medical Council (“the SMC”) to refrain from similar conduct, and that he pay 70% of the costs. 2 The facts are as follows. On 10 July 2006, Ang consulted Dr Eu and was diagnosed with fourth degree piles. Ang alleged that the only treatment options Dr Eu discussed were a colonoscopy and SH. -
Class Timetable for Lecture/Seminar
ACADEMIC YEAR 2019/2020 - SEMESTER 2 (1920) Page 1: Semester 2 AY19-20 Timetable_(ver 9 January 2020) Version 9 January 2020 MONDAY 9:00 9:30 10:00 10:30 11:00 11:30 12:00 12:30 13:00 13:30 14:00 14:30 15:00 15:30 16:00 16:30 17:00 17:30 18:00 18:30 19:00 19:30 20:00 20:30 21:00 LC1016 LARC LECTURE LC1003 LAW OF CONTRACT LECTURE {Yale 2} LC1016 LARC TUTORIAL {Yale 2} LC1016 LARC TUTORIAL LC1016 LARC TUTORIAL LC1016 LARC TUTORIAL BURTON ONG, DORA NEO, SANDRA BOOYSEN, KELRY LOI, {Yale 2} ELEANOR WONG, LIM LEI TAN ZHONG XING, ALLEN SNG, MINDY CHEN-WISHART Weekly THENG, SONITA JEYAPATHY, RUBY LEE YEAR 1 CORE 1 YEAR LC1016 LARC TUTORIAL LC2007 CONSTITUTIONAL & ADMIN LAW LECTURE {Yale LC2006A, B & C EQUITY & TRUSTS SECTIONS ((A) B) & (C) {Yale 4} 3} LC2006D, E & F EQUITY & TRUSTS SECTIONS (D), (E) & (F) RACHEL LEOW (A); KELRY LOI (B); TAN YOCK LIN (C) THIO LI-ANN, SWATI JHAVERI, KEVIN TAN, DIAN SHAH, RACHEL LEOW (D); TAN YOCK LIN (E); TAN WEI MENG (F) CORE YEAR 2 Weekly JACLYN NEO, MARCUS TEO LC6378 Doctoral Workshop DAMIAN CHALMERS D CORE Weekly G LL4044V/LL5044V/LL6044V MEDIATION LL4019V/LL5019/ LL6019V CREDIT & SECURITY LL4063V/LL5063V/LL6063V BUSINESS & FINANCE FOR LAWYERS LL4371/LL5371/LL6371 CHARITY LAW TODAY INTENSIVE [WEEK 1-3] JOEL LEE, MARCUS LIM DORA NEO STEPHEN PHUA/JAMES LEONG MATTHEW HARDING LL4372/LL5372/LL6372 INTERNATIONAL INTELLECTUAL PROPERTY LAW INTENSIVE LL4402/LL5402/LL6402 CORPORATE INSOLVENCY LL4024V/LL5024V/LL6024V INDONESIAN LAW LL4205V/LL5205V/LL6205V/LLD5205V MARITIME CONFLICT OF LAWS [WEEK 1-3] WEE MENG SENG GARY -
Valedictory Reference in Honour of Justice Chao Hick Tin 27 September 2017 Address by the Honourable the Chief Justice Sundaresh Menon
VALEDICTORY REFERENCE IN HONOUR OF JUSTICE CHAO HICK TIN 27 SEPTEMBER 2017 ADDRESS BY THE HONOURABLE THE CHIEF JUSTICE SUNDARESH MENON -------------------------------------------------------------------------------------------------------- Chief Justice Sundaresh Menon Deputy Prime Minister Teo, Minister Shanmugam, Prof Jayakumar, Mr Attorney, Mr Vijayendran, Mr Hoong, Ladies and Gentlemen, 1. Welcome to this Valedictory Reference for Justice Chao Hick Tin. The Reference is a formal sitting of the full bench of the Supreme Court to mark an event of special significance. In Singapore, it is customarily done to welcome a new Chief Justice. For many years we have not observed the tradition of having a Reference to salute a colleague leaving the Bench. Indeed, the last such Reference I can recall was the one for Chief Justice Wee Chong Jin, which happened on this very day, the 27th day of September, exactly 27 years ago. In that sense, this is an unusual event and hence I thought I would begin the proceedings by saying something about why we thought it would be appropriate to convene a Reference on this occasion. The answer begins with the unique character of the man we have gathered to honour. 1 2. Much can and will be said about this in the course of the next hour or so, but I would like to narrate a story that took place a little over a year ago. It was on the occasion of the annual dinner between members of the Judiciary and the Forum of Senior Counsel. Mr Chelva Rajah SC was seated next to me and we were discussing the recently established Judicial College and its aspiration to provide, among other things, induction and continuing training for Judges. -
Competing Narratives and Discourses of the Rule of Law in Singapore
Singapore Journal of Legal Studies [2012] 298–330 SHALL THE TWAIN NEVER MEET? COMPETING NARRATIVES AND DISCOURSES OF THE RULE OF LAW IN SINGAPORE Jack Tsen-Ta Lee∗ This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the legal implications of this fact, and how useful the doctrine is in fostering greater solicitude for human rights. Singapore is lauded for having a legal system that is, on the whole, regarded as one of the best in the world,1 and yet the Government is often vilified for breaching human rights and the rule of law. This is not a paradox—the nation ranks highly in surveys examining the effectiveness of its legal system in the context of economic compet- itiveness, but tends to score less well when it comes to protection of fundamental ∗ Assistant Professor of Law, School of Law, Singapore Management University. I wish to thank Sui Yi Siong for his able research assistance. 1 See e.g., Lydia Lim, “S’pore Submits Human Rights Report to UN” The Straits Times (26 February 2011): On economic, social and cultural rights, the report [by the Government for Singapore’s Universal Periodic Review] lays out Singapore’s approach and achievements, and cites glowing reviews by leading global bodies. -
(PDF)237KB***Walking the Tightrope Between Legality and Legitimacy
Walking the Tightrope between Legality and Legitimacy: (2017) 29 SAcLJ Taking Rights Balancing Seriously 743 WALKING THE TIGHTROPE BETWEEN LEGALITY AND LEGITIMACY Taking Rights Balancing Seriously The discourse of proportionality and balancing permeates constitutional rights scholarship, and numerous scholars have proffered a plethora of normative justifications for proportionality-based balancing in contemporary democratic societies. Parliamentary sovereignty in its Diceyan conception often clashes with enshrined constitutional rights, leaving the Judiciary in an unenviable position to resolve this conflict in a principled manner. This article analyses how courts engage with the principle of proportionality-based balancing in determining the validity of laws limiting constitutional rights. By focusing on the free speech jurisprudence of Singapore and Australia, it discusses how courts in these jurisdictions negotiate the tightrope between fidelity to the written text of the constitution and a commitment to their role as guardians of fundamental rights and liberties. David TAN LLB (Hons) BCom (Melbourne), LLM (Harvard), PhD (Melbourne); Associate Professor, Dean’s Chair, Vice Dean (Academic Affairs), Faculty of Law, National University of Singapore. I. Introduction 1 Balancing is a difficult act. It suggests an adroit exercise of skill, artistry and judgment, but at the same time, it connotes a sense of instability and danger. In a circus tightrope act, successful balancing often invites rapturous applause and admiration; however, a failure to maintain equilibrium can have tragic outcomes. The metaphor of balancing in constitutional adjudication generally “refers to theories of constitutional interpretation that are based on the identification, valuation, and comparison of competing interests”.1 As Jaclyn Neo aptly and succinctly remarked: “[b]alancing is invoked to explain and justify the outweighing of a right/interest over another, or alternatively, to 1 T Alexander Aleinikoff, “Constitutional Law in the Age of Balancing” (1987) 96 Yale LJ 943 at 948. -
Ho Yean Theng Jill V Public Prosecutor [2003]
Ho Yean Theng Jill v Public Prosecutor [2003] SGHC 280 Case Number : MA 70/2003, Cr M 15/2003 Decision Date : 14 November 2003 Tribunal/Court : High Court Coram : Yong Pung How CJ Counsel Name(s) : K S Rajah SC (Harry Elias Partnership) and Peter Ong Lip Cheng (Ong Lip Cheng and Rajendran) for applicant/appellant; Christopher Ong Siu Jin (Deputy Public Prosecutor) for respondent Parties : Ho Yean Theng Jill — Public Prosecutor Criminal Procedure and Sentencing – Charge – Joinder of similar offences – Whether series of connected acts should be tried as separate offences or one composite offence – Section 170 Criminal Procedure Code (Cap 68, 1985 Rev Ed) – Section 71 Penal Code (Cap 224, 1985 Rev Ed) Criminal Procedure and Sentencing – Compounding of offences – Maid abuse by de facto employer – Whether court should grant consent for compounding of offence – Section 199 Criminal Procedure Code (Cap 68, 1985 Rev Ed) Criminal Procedure and Sentencing – Sentencing – Principles – Voluntarily causing hurt – Maid abuse by de facto employer – Whether sentence manifestly excessive – Section 323 Penal Code (Cap 24, 1985 Rev Ed) 1 The appellant was convicted in the Magistrate’s Court on five charges of voluntarily causing hurt under s 323 of the Penal Code and was sentenced to a total of four months’ imprisonment. She appealed against both conviction and sentence. After hearing counsel’s arguments, I dismissed the appeal against both conviction and sentence. I now give my reasons. Preliminary issue 2 In the petition of appeal filed on 21 April 2003, the appellant essentially challenged the magistrate’s findings of fact. Thereafter, the appellant filed a criminal motion for leave to file a supplementary petition of appeal on 10 September 2003. -
(2013) 25 Saclj 614-629
614 Singapore Academy of Law Journal (2013) 25 SAcLJ Case Note UNDERSTANDING THE RECENT AMENDMENTS TO THE APPEAL PROVISIONS IN THE SUPREME COURT OF JUDICATURE ACT Dorsey James Michael v World Sport Group Pte Ltd [2013] 3 SLR 354 In 2010, the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) was amended to streamline appeals to the Court of Appeal arising from interlocutory applications. Following these amendments, the general rule is that an appeal against an order made at the hearing of an interlocutory application can only be made with the leave of a judge. This note discusses Dorsey James Michael v World Sport Group Pte Ltd [2013] 3 SLR 354, which is the latest Court of Appeal decision to consider the new statutory provisions governing appeals from an order made in an interlocutory application. LIM Sai Nei* LLB (Hons) (National University of Singapore); Advocate and Solicitor (Singapore); State Counsel, Attorney-General’s Chambers, Singapore. I. Introduction 1 Prior to the amendments introduced by the Supreme Court of Judicature (Amendment) Act 2010 (“2010 amendments”),1 s 34(1)(c) of the Supreme Court of Judicature Act (“SCJA”)2 provided as follows: Matters that are non-appealable or appealable only with leave 34.—(1) No appeal shall be brought to the Court of Appeal in any of the following cases: … (c) subject to any other provision in this section, where a Judge makes an interlocutory order in chambers unless the Judge has certified, on application within 7 days after the * The note is written in the author’s personal capacity and does not represent the views of the Attorney-General’s Chambers or the Government of Singapore.