master chee's TIT vs kangaroo hill's TAC -PART I

Chee responds to CJ, AG and Law Minister

Tuesday, 06 January 2009

Singapore Democrats

Mr Chan Sek Keong
Chief Justice

Mr Walter Woon
Attorney-General

Mr K Shanmugam
Minister for Law

Dear sirs,

Chan Sek Keong

Chan Sek Keong
Your speeches during the opening of the legal year were unmistakable references to my colleagues and I. Yet, like Mr Lee Kuan Yew, you did not deign to mention us by name. This is rather impolite, if not altogether puerile.

Be that as it may, allow me to address the points that you raised.

Mr Chan says that "the mission of the courts requires that its authority be respected by all" and that this respect is "fundamental and critical to the rule of law." Amen.

What you fail to state, however, is that the rule of law is not just a system where the government passes legislation and everyone unquestioningly obeys. The concept of the rule of law necessitates the limitation of state power and the respect of human rights.

Our Constitution spells out what these limitations are. It also defines the rights of the citizen.

Are citizens treated equally under the law?

Of importance are two fundamental articles. Let me start with Article 12 which says that "all persons are equal before the law and entitled to the equal protection of the law."

CASE outside Parliament House

CASE outside Parliament House
Is everyone in Singapore treated equally under the law? The question is highlighted by two recent protests: One was conducted by the Consumer Association of Singapore (CASE) and the other by Tak Boleh Tahan activists. Both were conducted outside Parliament House, both involved displaying placards, both were commemorating the same occasion (Consumer Rights Day) and both involved persons wearing t-shirts bearing a slogan. The difference is that CASE is run by PAP MPs whereas the TBT protest was made up of human rights defenders.

While CASE was allowed to conduct its activity, my TBT associates and I were arrested and now face prosecution.

It could be that CASE, being affiliated with the Government, does not require a permit because under the Rule 2(1) (f) of the Miscellaneous Offences Act "any assembly or procession held by or under the direction or control of the Government" is exempt from a permit.

But herein lies the rub. Is such a Rule valid under Article 12 of the Constitution which expressly says that all persons are equal before the law?

Or it could be that CASE may have had a permit to conduct its protest, in which instance arises the question: Why was a permit granted to CASE but not to TBT?

Can the Government ban protests outright?

TBT outside Parliament House

TBT outside Parliament House
The discrmination between CASE and TBT is especially salient when the Minister for Home Affairs Wong Kan Seng said in Parliament that he has "stopped short of allowing outdoor and street demonstrations."

With reference to Article 14 – which states that "every citizen of Singapore has the right to freedom of speech and expression" and that "all citizens of Singapore have the right to assemble peaceably and without arms" – does the Minister have the power to ban outdoor demonstrations in the first place and even if he does, why did he not apply the law equally to CASE?

Remember Article 4 unambiguously states that: "This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void."

These questions need to be examined by the Judiciary which has a sacred duty to ensure that, one, laws introduced by the Government do not violate the Constitution and, two, that they are not used to discriminate against certain groups of citizens.

Laws cannot be passed or applied will-nilly to buttress the power of the ruling party while suppressing the political opposition and civil society. When the ruling party imposes and enacts such unjust laws, the judiciary must intervene to protect the rights of the citizenry.

This is, in essence, what constitutes the rule of law. Absent such a judicial function, the rule of law is just a buzz phrase used to prop up a facade.

What other chief justices say

TBT protesters arrested

TBT protesters arrested
Your counterparts in democratic jurisdictions where the rule of law is genuinely practiced all acknowledge this aspect of the judiciary's role vis-a-vis the rule of law.