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Of concessions and tokenism, worrying trends in policy making

Archaic laws results on Govt doing strange things. By John Ang.

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Breaking News: Malaysiakini reports that Malaysian opposition leader Anwar Ibrahim has won the Permatang Pauh by-election with a majority of 16,210 votes. He garnered 26,646 votes while Arif Shah Omar Shah got 10,436. Anwar’s wife, Dr Wan Azizah Wan Ismail, won the seat with a 13,388 majority at the March 8 general elections. Malaysiakini.com is down at the moment due to “extremely high traffic”. You can read Reuters and the Sydney Morning Herald’s reports. “Malaysian govt concedes by-election defeat to Anwar” – Channel NewsAsia.

John Ang / Guest Writer

Singapore is once again stuck doing strange things in order to both “stick to her guns” and “move with the times”.

The Government’s position is that they will gradually open up and liberalise Singapore and so far, they have kept their word. But realistically, it is a no-brainer. It is in their own best interest to do it, lest two things occur. Either the populace chafes under archaic laws until they’re ready to boot the current political party out and replace it with a new one, or the Government manages to keep the populace under its boot heel, but turns Singapore into a likeness of some Middle Eastern countries: great for business, but not as a place to live and express yourself.

Having established that there is nothing much to cheer over the recent liberalisation of our laws, I’ll move on to the speed of these changes, and I believe that the Government is starting a worrying trend in that it only waits until laws are hopelessly obsolete (i.e., everybody is breaking them and making a mockery of the rule of law) before starting the machinery to make amendments.

The ban on political videos comes to mind, and I shall elaborate on it later. Sometimes, the laws aren’t even changed, and the general population simply has to take the Government’s word in trust that “we will keep this [obsolete] law for conservatism’s sake, but it shall not be proactively enforced.” It is made to seem like our government is liberal in spirit, but not in the laws that it creates.

Dredging up some history, the saga in repealing Section 377A of the Penal Code, which criminalises sex between mutually-consenting adult men, started off in fact with a comprehensive review of the Singapore Penal Code in order to “better [protect] the more vulnerable in society and to take into account technological advancements and crime trends“. Yet after vigorous public debate, the Government decided to keep it verbatim for conservative reasons, but stated they wouldn’t proactively enforce it.

In a lesser-known area, this liberal in spirit but not in word of law trend seems to repeat itself, this time with regards to drug trafficking and the death penalty (Yawning Bread). In that article by Alex Au, the prosecution allegedly arbitrarily changed the amount of heroin smuggled from 18.4 grams to 14.99 grams, just 0.01g below the threshold for the mandatory death penalty, allowing the traffickers to escape the gallows. The facts and motivations around this case are not set in concrete as it was not widely reported, but it looks to me that as the world is moving towards abolishment of capital punishment, Singapore is once again stuck doing strange things in order to both “stick to her guns” and “move with the times”.

In his recent National Day rally, PM Lee declared that laws concerning political videos would be liberalised, and that outdoor demonstrations would be given a place at the Speakers’ Corner (and to make the touch even lighter, the National Parks Board (NParks) would be managing it). In view of the previous positions held by both of PM Lee’s predecessors, this is tantamount to the slaughter of not one, but two sacred cows. In this light, it is a giant leap forward (to unabashedly splice Armstrong and Mao together), since the thought of this happening even a year ago shared equal measure with the thought of putting a Singaporean on the moon. That’s the giant leap for mankind part.

Yet this liberalisation is a mere concession on the Government’s part, since it already has an explosion of homemade political videos and small, peaceful demonstrations kicking around in its backyard, and it would be unthinkable to set the police on the man simply uploading a video of an opposition rally, or arresting people holding candlelight vigils.

But if we take this round of liberalisation as a victory and grow comfortable walking hand-in-hand with the Government down the path of being liberal in spirit but not in our laws, we could end up losing more freedom than we’ve actually gained. Perhaps in the future, police would conceivably actually arrest people holding candlelight vigils because they did it in a location other than the Speakers’ Corner. That’s the Great Leap Forward bit: done with good intentions, but ending as an absolute disaster.

We may meet them halfway, but we cannot stop: we must keep on pushing for more. We must keep pushing for laws to be brought more in line with the way we want our society to work, not how we can compromise. We must keep calling for the changes in our laws to take place before, not after, half the population of the island can viably be classified as criminals. We must.

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TJC issued 3rd POFMA order under Minister K Shanmugam for alleged falsehoods

The Transformative Justice Collective (TJC) was issued its third POFMA correction order on 5 October 2024 under the direction of Minister K Shanmugam for alleged falsehoods about death penalty processes. TJC has rejected the government’s claims, describing POFMA as a tool to suppress dissent.

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The Transformative Justice Collective (TJC), an advocacy group opposed to the death penalty, was issued its third Protection from Online Falsehoods and Manipulation Act (POFMA) correction direction on 5 October 2024.

The correction was ordered by Minister for Home Affairs and Law, K Shanmugam, following TJC’s publication of what the Ministry of Home Affairs (MHA) alleges to be false information regarding Singapore’s death row procedures and the prosecution of drug trafficking cases.

These statements were made on TJC’s website and across its social media platforms, including Facebook, Instagram, TikTok, and X (formerly Twitter).

In addition to TJC, civil activist Kokila Annamalai was also issued a correction direction by the minister over posts she made on Facebook and X between 4 and 5 October 2024.

According to MHA, these posts echoed similar views on the death penalty and the legal procedures for drug-related offences, and contained statements that the ministry claims are false concerning the treatment of death row prisoners and the state’s legal responsibilities in drug trafficking cases.

MHA stated that the posts suggested the government schedules and stays executions arbitrarily, without due regard to legal processes, and that the state does not bear the burden of proving drug trafficking charges.

However, these alleged falsehoods are contested by MHA, which maintains that the government strictly follows legal procedures, scheduling executions only after all legal avenues have been exhausted, and that the state always carries the burden of proof in such cases.

In its official release, MHA emphasised, “The prosecution always bears the legal burden of proving its case beyond a reasonable doubt, and this applies to all criminal offences, including drug trafficking.”

It also pointed to an article on the government fact-checking site Factually to provide further clarification on the issues raised.

As a result of these allegations, both TJC and Annamalai are now required to post correction notices. TJC must display these corrections on its website and social media platforms, while Annamalai is required to carry similar notices on her Facebook and X posts.

TikTok has also been issued a targeted correction direction, requiring the platform to communicate the correction to all Singapore-based users who viewed the related TJC post.

In a statement following the issuance of the correction direction, TJC strongly rejected the government’s claims. The group criticised the POFMA law, calling it a “political weapon used to crush dissent,” and argued that the order was more about the exercise of state power than the pursuit of truth. “We have put up the Correction Directions not because we accept any of what the government asserts, but because of the grossly unjust terms of the POFMA law,” TJC stated.

TJC further argued that the government’s control over Singapore’s media landscape enables it to push pro-death penalty views without opposition. The group also stated that it would not engage in prolonged legal battles over the POFMA correction orders, opting to focus on its abolitionist work instead.

This marks the third time TJC has been subject to a POFMA correction direction in recent months.

The group was previously issued two orders in August 2024 for making similar statements concerning death row prisoners.

In its latest statement, MHA noted that despite being corrected previously, TJC had repeated what the ministry views as falsehoods.

MHA also criticised TJC for presenting the perspective of a convicted drug trafficker without acknowledging the harm caused to victims of drug abuse.

Annamalai, a prominent civil rights activist, is also known for her involvement in various social justice campaigns. She was charged in June 2024 for her participation in a pro-Palestinian procession near the Istana. Her posts, now subject to correction, contained information similar to those presented by TJC regarding death penalty procedures and drug-related cases.

POFMA, which was introduced in 2019, allows the government to issue correction directions when it deems falsehoods are being spread online.

Critics of the law argue that it can be used to suppress dissent, while the government asserts that it is a necessary tool for combating misinformation. The law has been frequently invoked against opposition politicians and activists.

As of October 2024, Minister K Shanmugam has issued 17 POFMA directions, more than any other minister. Shanmugam, who was instrumental in introducing POFMA, is followed by National Development Minister Desmond Lee, who has issued 10 POFMA directions.

Major media outlets, including The Straits Times, Channel News Asia, and Mothership, have covered the POFMA directions. However, as of the time of writing, none have included TJC’s response rejecting the government’s allegations.

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Hotel Properties Limited suspends trading ahead of Ong Beng Seng’s court hearing

Hotel Properties Limited (HPL), co-founded by Mr Ong Beng Seng, has halted trading ahead of his court appearance today (4 October). The announcement was made by HPL’s company secretary at about 7.45am, citing a pending release of an announcement. Mr Ong faces one charge of abetting a public servant in obtaining gifts and another charge of obstruction of justice. He is due in court at 2.30pm.

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SINGAPORE: Hotel Properties Limited (HPL), the property and hotel developer co-founded by Mr Ong Beng Seng, has requested a trading halt ahead of the Singapore tycoon’s scheduled court appearance today (4 October) afternoon.

This announcement was made by HPL’s company secretary at approximately 7.45am, stating that the halt was due to a pending release of an announcement.

Mr Ong, who serves as HPL’s managing director and controlling shareholder, faces one charge under Section 165, accused of abetting a public servant in obtaining gifts, as well as one charge of obstruction of justice.

He is set to appear in court at 2.30pm on 4 October.

Ong’s charges stem from his involvement in a high-profile corruption case linked to former Singaporean transport minister S Iswaran.

The 80-year-old businessman was named in Iswaran’s initial graft charges earlier this year.

These charges alleged that Iswaran had corruptly received valuable gifts from Ong, including tickets to the 2022 Singapore Formula 1 Grand Prix, flights, and a hotel stay in Doha.

These gifts were allegedly provided to advance Ong’s business interests, particularly in securing contracts with the Singapore Tourism Board for the Singapore GP and the ABBA Voyage virtual concert.

Although Iswaran no longer faces the original corruption charges, the prosecution amended them to lesser charges under Section 165.

Iswaran pleaded guilty on 24 September, 2024, to four counts under this section, which covered over S$400,000 worth of gifts, including flight tickets, sports event access, and luxury items like whisky and wines.

Additionally, he faced one count of obstructing justice for repaying Ong for a Doha-Singapore flight shortly before the Corrupt Practices Investigation Bureau (CPIB) became involved.

On 3 October, Iswaran was sentenced to one year in jail by presiding judge Justice Vincent Hoong.

The prosecution had sought a sentence of six to seven months for all charges, while the defence had asked for a significantly reduced sentence of no more than eight weeks.

Ong, a Malaysian national based in Singapore, was arrested by CPIB in July 2023 and released on bail shortly thereafter. Although no charges were initially filed against him, Ong’s involvement in the case intensified following Iswaran’s guilty plea.

The Attorney-General’s Chambers (AGC) had earlier indicated that it would soon make a decision regarding Ong’s legal standing, which has now led to the current charges.

According to the statement of facts read during Iswaran’s conviction, Ong’s case came to light as part of a broader investigation into his associates, which revealed Iswaran’s use of Ong’s private jet for a flight from Singapore to Doha in December 2022.

CPIB investigators uncovered the flight manifest and seized the document.

Upon learning that the flight records had been obtained, Ong contacted Iswaran, advising him to arrange for Singapore GP to bill him for the flight.

Iswaran subsequently paid Singapore GP S$5,700 for the Doha-Singapore business class flight in May 2023, forming the basis of his obstruction of justice charge.

Mr Ong is recognised as the figure who brought Formula One to Singapore in 2008, marking the first night race in the sport’s history.

He holds the rights to the Singapore Grand Prix. Iswaran was the chairman of the F1 steering committee and acted as the chief negotiator with Singapore GP on business matters concerning the race.

 

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