http://yoursdp.org/index.php/perspe...e-has-bounden-duty-to-protect-citizens-rights
Judge has bounden duty to protect citizens' rights
Friday, 24 October 2008
Singapore Democrats
Dr Chee Soon Juan applied in court today to the trial judge to dismiss the charges brought against the 17 activists because these charges are go against the Singapore Constitution. He made these points to District Judge Chia Wee Kiat. The activists are charged with participating in a protest in March this year.
Below is Dr Chee's arguments.
Your Honour,
My associates and I have been charged under the Miscellaneous Offences Act (MOA) for participating in an assembly as well as a procession on 15 March 2008.
We had assembled outside Parliament House to mark World Consumer Rights Day (WCRD) which is celebrated by an organisation called the Consumers International.
We are citizens of Singapore and as citizens, we are guaranteed of our fundamental freedoms under Article 14 of our Constitution which states that:
a. every citizen of Singapore has the right to freedom of speech and expression;
b. all citizens of Singapore have the right to assemble peaceably and without arms; and
c. all citizens of Singapore have the right to form associations.
This Constitution was written and promulgated when we wrestled our country back from the British colonial government. It wasn't just a flight of fancy on the part of the framers of the constitution when it was written. Every word was scrutinised and considered before its inclusion in the document.
In other words, the Article 14 was written in to ensure that we, as a people, would be able to fully partake of our freedoms of speech and assembly. We were guaranteed these basic political and civil rights that enable us as free individuals to choose our own government instead of having to rely on and be subject to the rule of another sovereign.
Fast forward to present-day Singapore. The MOA forbids any gathering of 5 or more persons in a public area without a permit. Hence this present and several upcoming trials. We are also forbidden to speak in public without a permit under the Public Entertainment and Meetings Act. I have been prosecuted and convicted four times for this "offence". But that's another matter for another forum.
For now I would like to focus on the right of assembly in this country.
My charge reads that I "ought reasonably to have known that the assembly was held without the prior permission of the Deputy Commissioner of Police..."
The idea of applying for a permit is a red herring. The Minister for Home Affairs Mr Wong Kan Seng stated in February 2003 that the "government does not authorise protests and demonstrations of any nature."
He repeated in Parliament in February this year, and I quote the Hansard: "We have stopped short of allowing outdoor and street demonstrations...Our experiences in the past have taught us to be very circumspect about outdoor and street protests."
As you can see, the Singapore government has stated plainly that it will not allow anyone to hold protests and demonstrations of any nature.
Contrast this with Article 14. The constitution says we have the right to peaceful assembly but the Minister says he will not authorise such assemblies.
Clearly there is a contradiction. In other words what the Minister says and does is in conflict with the Constitution. So what do you do when the there is such a conflict?
There is display of our legal system and the Constitution in the foyer of this courthouse. One of the display panels describes the "Tools of the Law" and a paragraph in it states that "Any law that conflicts with the Constitution is void and Singapore courts can strike down any legislation or executive acts that go against the Constitution."
It cannot have been the intention of the framers of Singapore’s constitution that Parliament can exercise its authority to limit free speech in an arbitrary manner. What limits exist must have at least some rational and bona fide basis.
A sweeping ban, one that presumptively eliminates the right of free expression and assembly in public areas, cannot possibly be one that is genuinely and rationally targeted at any mischief that Parliament can lawfully address.
Moreover, the Constitution of Singapore must be construed, where possible, to be consistent with customary international law. The latter provides for free expression for all citizens everywhere; it does not tolerate bans that are massive, arbitrary and disproportionate.
Still less does the administrative law of Singapore permit the exercise of executive discretion in a manner that is harshly, arbitrarily and disportionately inimical to freedom of expression and assembly.
The across the board refusal of the Executive to issue permits is not consistent with the rule of administrative law, which requires rationality and good faith in the exercise of discretion, a willingness to consider situations on their merits rather than adopting rigid rules that have no basis in enabling legislation, and the interpretation and application of legislation in a manner that is consistent with the basic principles of a human rights, customary international law, Singapore’s solemn international commitments, and parliamentary democracy.
Freedom of expression and assembly are part of the preconditions for a meaningful parliamentary democracy. An interpretation of the constitutional and administrative law of Singapore must take into account all of its components.
It is not reasonable to accept any and all interferences with political liberties that Legislature or Executive attempt, forgetting that it is political freedom and accountability to the public that is the foundation for the exercise of legislative and executive authority. This point was acknowledged by the Supreme Court of the United States in many cases that identify freedom of expression and assembly as “preferred freedoms” because they are absolutely fundamental to the existence and operation of a free and democratic society.
Judges of the Supreme Court of Canada arrived at a similar conclusion in the famous Alberta Press case.
Ironically, the Minister for Home Affairs Mr Wong Kan Seng goes on to couch such a Constitutional breach by invoking the concept of the rule of law: "I believe that Singaporeans understand and support the fundamentals that have made Singapore what it is today. What are these fundamentals? The first fundamental is the rule of law."
Judge has bounden duty to protect citizens' rights
Friday, 24 October 2008
Singapore Democrats
Dr Chee Soon Juan applied in court today to the trial judge to dismiss the charges brought against the 17 activists because these charges are go against the Singapore Constitution. He made these points to District Judge Chia Wee Kiat. The activists are charged with participating in a protest in March this year.
Below is Dr Chee's arguments.
Your Honour,
My associates and I have been charged under the Miscellaneous Offences Act (MOA) for participating in an assembly as well as a procession on 15 March 2008.
We had assembled outside Parliament House to mark World Consumer Rights Day (WCRD) which is celebrated by an organisation called the Consumers International.
We are citizens of Singapore and as citizens, we are guaranteed of our fundamental freedoms under Article 14 of our Constitution which states that:
a. every citizen of Singapore has the right to freedom of speech and expression;
b. all citizens of Singapore have the right to assemble peaceably and without arms; and
c. all citizens of Singapore have the right to form associations.
This Constitution was written and promulgated when we wrestled our country back from the British colonial government. It wasn't just a flight of fancy on the part of the framers of the constitution when it was written. Every word was scrutinised and considered before its inclusion in the document.
In other words, the Article 14 was written in to ensure that we, as a people, would be able to fully partake of our freedoms of speech and assembly. We were guaranteed these basic political and civil rights that enable us as free individuals to choose our own government instead of having to rely on and be subject to the rule of another sovereign.
Fast forward to present-day Singapore. The MOA forbids any gathering of 5 or more persons in a public area without a permit. Hence this present and several upcoming trials. We are also forbidden to speak in public without a permit under the Public Entertainment and Meetings Act. I have been prosecuted and convicted four times for this "offence". But that's another matter for another forum.
For now I would like to focus on the right of assembly in this country.
My charge reads that I "ought reasonably to have known that the assembly was held without the prior permission of the Deputy Commissioner of Police..."
The idea of applying for a permit is a red herring. The Minister for Home Affairs Mr Wong Kan Seng stated in February 2003 that the "government does not authorise protests and demonstrations of any nature."
He repeated in Parliament in February this year, and I quote the Hansard: "We have stopped short of allowing outdoor and street demonstrations...Our experiences in the past have taught us to be very circumspect about outdoor and street protests."
As you can see, the Singapore government has stated plainly that it will not allow anyone to hold protests and demonstrations of any nature.
Contrast this with Article 14. The constitution says we have the right to peaceful assembly but the Minister says he will not authorise such assemblies.
Clearly there is a contradiction. In other words what the Minister says and does is in conflict with the Constitution. So what do you do when the there is such a conflict?
There is display of our legal system and the Constitution in the foyer of this courthouse. One of the display panels describes the "Tools of the Law" and a paragraph in it states that "Any law that conflicts with the Constitution is void and Singapore courts can strike down any legislation or executive acts that go against the Constitution."
It cannot have been the intention of the framers of Singapore’s constitution that Parliament can exercise its authority to limit free speech in an arbitrary manner. What limits exist must have at least some rational and bona fide basis.
A sweeping ban, one that presumptively eliminates the right of free expression and assembly in public areas, cannot possibly be one that is genuinely and rationally targeted at any mischief that Parliament can lawfully address.
Moreover, the Constitution of Singapore must be construed, where possible, to be consistent with customary international law. The latter provides for free expression for all citizens everywhere; it does not tolerate bans that are massive, arbitrary and disproportionate.
Still less does the administrative law of Singapore permit the exercise of executive discretion in a manner that is harshly, arbitrarily and disportionately inimical to freedom of expression and assembly.
The across the board refusal of the Executive to issue permits is not consistent with the rule of administrative law, which requires rationality and good faith in the exercise of discretion, a willingness to consider situations on their merits rather than adopting rigid rules that have no basis in enabling legislation, and the interpretation and application of legislation in a manner that is consistent with the basic principles of a human rights, customary international law, Singapore’s solemn international commitments, and parliamentary democracy.
Freedom of expression and assembly are part of the preconditions for a meaningful parliamentary democracy. An interpretation of the constitutional and administrative law of Singapore must take into account all of its components.
It is not reasonable to accept any and all interferences with political liberties that Legislature or Executive attempt, forgetting that it is political freedom and accountability to the public that is the foundation for the exercise of legislative and executive authority. This point was acknowledged by the Supreme Court of the United States in many cases that identify freedom of expression and assembly as “preferred freedoms” because they are absolutely fundamental to the existence and operation of a free and democratic society.
Judges of the Supreme Court of Canada arrived at a similar conclusion in the famous Alberta Press case.
Ironically, the Minister for Home Affairs Mr Wong Kan Seng goes on to couch such a Constitutional breach by invoking the concept of the rule of law: "I believe that Singaporeans understand and support the fundamentals that have made Singapore what it is today. What are these fundamentals? The first fundamental is the rule of law."
