Simplified Legal Due Process
The legal due processes in Singapore can be largely simplified into the following:
Incident Happening -> Feedback made to relevant authorities on incident -> Relevant Body investigate incident -> Bring to trial -> Sentence is made.
Example: Cheng San Night of Long Knaves[link]
IN 1997 , Mr Goh Chok Tong, Dr Tony Tan and Brigadier-General (NS) Lee Hsien Loong was found within the polling centre. This is alleged to have contravene the Parliamentary Election Act: Section 82(1)(e) which provides that, “No person shall loiter in any street or public place within a radius of 200 meters of any polling station on polling day.” Furthermore, Section 82(1)(d) provides that, “No person shall wait outside any polling station on polling day, except for the purpose of gaining entry to the polling station to cast his vote”.
As such, the Worker Party made a formal complaint on the incident.
There was an investigation made to the incident.
The incident was then brought to court for a decision.
The outcome(sentence) is as below:
Chan Sek Keong Attorney General (1997)
Section 82 (1)(d) provides that - "No person shall wait outside any polling station on polling day, except for the purpose of gaining entry to the polling station to cast his vote".
Plainly, persons found waiting inside the polling stations do not come within the ambit of this section. Similarly, those who enter or have entered the polling station cannot be said to be waiting outside it. Only those who wait outside the polling station commit an offence under this section unless they are waiting to enter the polling station to cast their votes.
A person inside a polling station cannot be said to be within a radius of 200 metres of a polling station.
Do note that this article is not here to mock at the peculiar outcome of this incident, but to show that at least there is the due process. As for the outcome, it is best left for everyone to interpret if the sentence makes sense. Most important of note is the proper legal due processes.
Why ISA is so controversial?
Going by the same logic, ISA shows contempt to the legal due processes as there is no trial but a sentence has arrived (out of nowhere)[link]. This is why ISA is worrying when it applies to political opponents under the guise of national security.
Why Dinesh’s Case is also controversial( Indian Inmate Dies after being restrained in Prison) ?
Once again, the case is controversial as the legal due processes have been skipped [link]. A sentence passed onto a related case has requested that the investigations for the same case be ceased. This means that the whole process is missing a part(complete the investigations), with the sentence and judgment passed.
Is the repatriation of Little Indian Rioters a lack of due processes?
The little Indian Riot where the workers were repatriated [link]. There is a lot of calls for a proper due processes[link]. Looking at the simplified legal due process, the repatriation is done without a trial. There was no public information on the whole incident on why the decision came to repatriate the 57 persons compared to the 200 persons. It is now based on the information provided without each of the 57 being brought to court.
It is different from a Sending a Maid home.
Some have compared the sending of the workers back home similar to the maids. One do not offer any reason to send the maid home. However, this is different as one is a legal process, the other isn’t. One has legal implications, the other doesn’t. The maid can still stay in Singapore after you send her back to the agency. Even if you buy her an air ticket home, she can always miss her flight and return to the agency. Until the day her wok permit is cancelled, she can always be in Singapore. Similar, she can find a new employer with a new work permit(and stay in Singapore). Comparing the 2 is like comparing apples and orange.
Why it affects everyone?
Each of us may run afoul of the law one of these days. It may be a simple car accident to neighbourly dispute to even sibling’s feud over inheritance. There may be cases of overcharging, lemon law, buying(and selling) of property. If there are no due processes now, what will happen in the grand scheme of things? It is a disturbing thought as Singapore prides herself as a just society. We cannot hope for more transparency now. Compared to the 1997, it seemed that Singapore is moving backwards. At least in 1997, we can mock at the outcome . Now there is a lack of due processes. If there is a need to save-guard yourself, vote wisely in 2015/16 away from the current pap government. It may be your last chance to protect yourself and your family.
Anson Be
TRS Contributor