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Yong Vui Kong given opportunity to appeal

Appeal could be heard as early as next month, says lawyer. Koh Yi Na.

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Koh Yi Na

Yong’s lawyer also urges moratorium for mandatory death penalty in Singapore until the outcome of the appeal is decided.

In a surprise decision, the Court of Appeal has granted Yong Vui Kong, who faces execution for a drug trafficking conviction, an opportunity to have his appeal heard.

Following an hour-long hearing on Tuesday morning, the judges nullified his previous withdrawal of appeal and accepted Yong’s application for an extension of time. This would allow him to file an appeal against his conviction and death sentence.

Yong’s lawyer, Ravi Madasamy, had initially been pessimistic about securing the extension of time, given the nature of previous decisions and his own experience with capital cases. While he knew “the present judiciary is forward-looking”, he did not know how the Court would react to his arguments.

Therefore when the judge ruled in favour of hearing the appeal, he was pleasantly surprised, describing it as a “fantastic outcome”.

No date has been set for the appeal hearing, but it could be as early as next month, according to Mr Ravi. He has been informed by the registrar to go to court this Friday to set a date for it.

His execution is stayed pending the outcome of this appeal.

Tuesday’s hearing had been made possible by the High Court’s decision to stay Yong’s execution last week. The 21-year-old Malaysian, found guilty last November of trafficking 47g of heroin, had been due to hang last Friday.

But the High Court granted Yong a temporary reprieve last Wednesday, ruling that his execution be put off until his application for an extension of time could be heard by the Court of Appeal.

This application was presented before a packed courtroom filled with reporters, law students, and members of the public. Some people were barred from getting in as the viewing gallery was already full.

Yong was dressed in an orange polo T-shirt with a grey sweater. He appeared apprehensive at the beginning of the court session, but became more at ease when bantering with a pair of police escorts sitting next to him.

Throughout the hearing, a translator in front of Yong narrated the court proceedings to him in Chinese. He leaned forward and listened intently, grabbing on to every syllable.

Yong was under “delusion”

Mr Ravi told Chief Justice Chan Sek Keong, Justice V K Rajah and Justice Andrew Phang that the basis of the application was that Yong’s earlier withdrawal of his appeal was invalid as he was under “delusion”, and should therefore be nullified.

Having been imprisoned and isolated for 20 months, Yong had “become hopelessly confused” about the nature of his appeal, argued Mr Ravi. As a result, Yong confused “notions of legal reasoning and argument with issues of morality and spiritual devotion”, believing that it was necessary for him to lie in order to maintain his appeal.

Mr Ravi cited a letter which Yong wrote to instruct his previous counsel Kelvin Lim to withdraw his appeal. In the letter, Yong had said: “I made this decision because I have come to embrace Buddhism whilst serving sentence and realised that I must not lie and to own up to what I had done”.

Deputy public prosecutor Jaswant Singh, representing the prosecution, contended that the Court of Appeal had no jurisdiction over the case. Since Yong’s appeal had technically been dismissed upon its withdrawal and the clemency process through the President completed, he argued that it was beyond the Court’s powers to hear Yong’s application.

He also claimed that Justice Woo’s decision to grant a stay of execution last week was “wrong in law”.

The judges disagreed, stating that they had jurisdiction over the case. Responding to DPP Singh, Justice Phang stated that the key issue was whether “the case had run its full course, given the merits of the case had not been heard by the Court”, and that the timing of clemency process, be it conducted before or after the appeal is heard, is irrelevant.

After a half-hour long adjournment, the Chief Justice Chan announced that the Court was satisfied that it did have jurisdiction based on provisions in the Supreme over Yong’s case and accepted that Yong had withdrawn his appeal under “misapprehension”.

He based his judgement on provisions in the Supreme Court of Judicature Act.

Aftermath

Yong’s family was jubilant after the judgment, as it grants Yong at least an additional month before the Court hears his appeal. Although Yong’s mother was unable to attend, five of his siblings, his aunt and cousins were present.

Yong’s older brother Yun Leong, 24, told The Online Citizen that their mother was still unaware of Yong’s death sentence, and only knew that he was imprisoned for drug offences in Singapore.

According to him, when Yong met his mother last Wednesday afternoon at Changi Prison, he told her that he has to spend time with the monks in prison to do penance for his sins. As a result, they will never get to see each other again. In this way, the family will continue to keep Yong’s mother in the dark regarding Yong’s death sentence.

Visibly relieved after the hearing, Mr Ravi told The Online Citizen that this outcome may bear greater legal significance with regards to the mandatory death penalty.

If the appeal succeeds, it could have significant repercussions on the Singapore legal system.

This is because Mr Ravi will be basing his appeal on the grounds that capital punishment is incompatible with the Singapore Constitution, as well as international legal norms against the death penalty. As a result, current prison inmates on death row could be unconstitutionally executed before the appeal is heard.

In accordance with precedents set in Taiwan and South Korea, Mr Ravi believes that “there should be a moratorium on all mandatory death sentences until the constitutional challenge could be decide on.”

As such, he is urging the Law Society as well as lawyers with clients currently on death row to push for the moratorium as “lives are at stake”.

Nevertheless, the lawyer added that only the President and the state have the authority to authorise such a ban.

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Indonesia

Miss Universe cuts ties with Indonesia chapter after harassment allegations

The Miss Universe Organization severs ties with Indonesia franchise due to harassment claims. Malaysia edition canceled.

Women allege body checks before pageant. Investigation launched. Safety prioritized.

Indonesia winner to compete in November finale. Height requirement controversy.

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WASHINGTON, UNITED STATES — The Miss Universe Organization has cut ties with its Indonesia franchise, it announced days after allegations of sexual harassment, and will cancel an upcoming Malaysia edition.

In the complaint, more than a half dozen women said all 30 finalists for Miss Universe Indonesia were unexpectedly asked to strip for a supposed body check for scars and cellulite two days before the pageant’s crowning ceremony in Jakarta.

Their lawyer said Tuesday that five of the women had their pictures taken.

“In light of what we have learned took place at Miss Universe Indonesia, it has become clear that this franchise has not lived up to our brand standards, ethics, or expectations,” the US-based Miss Universe Organization posted Saturday night on social media site X, formerly known as Twitter.

It said that it had “decided to terminate the relationship with its current franchise in Indonesia, PT Capella Swastika Karya, and its National Director, Poppy Capella.”

It thanked the contestants for their bravery in coming forward and added that “providing a safe place for women” was the organization’s priority.

Jakarta police spokesman Trunoyudo Wisnu Andiko said Tuesday that an investigation into the women’s complaint has been launched.

The Indonesia franchise also holds the license for Miss Universe Malaysia, where there will no longer be a competition this year, according to the New York-based parent organizer.

In a lengthy statement posted to Instagram, Indonesia franchise director Capella denied involvement in any body checks.

“I, as the National Director and as the owner of the Miss Universe Indonesia license, was not involved at all and have never known, ordered, requested or allowed anyone who played a role and participated in the process of organizing Miss Universe Indonesia 2023 to commit violence or sexual harassment through body checking,” she wrote.

She added that she is against “any form of violence or sexual harassment.”

The Jakarta competition was held from 29 July to 3 August to choose Indonesia’s representative to the 2023 Miss Universe contest, and was won by Fabienne Nicole Groeneveld.

Miss Universe said it would make arrangements for her to compete in the finale, scheduled for November in El Salvador.

This year’s Indonesia pageant also came under fire for announcing a “significant change in this (year’s) competition guidelines” with the elimination of its minimum height requirement after it had crowned a winner.

In its statement, the Miss Universe Organization said it wanted to “make it extremely clear that there are no measurements such as height, weight, or body dimensions required to join a Miss Universe pageant worldwide.”

— AFP

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Malaysia

A Perodua service centre in Kuantan, Malaysia went viral for its strict dress code, Perodua responds

A dress code for vehicle servicing? A Malaysian car brand’s service centre dress code signage has puzzled netizens, raising queries about the need for attire rules during a routine service.

The manufacturer responded with an official statement after a flurry of comments, seeking to clarify and apologize.

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MALAYSIA: A dress code signage positioned at a service centre belonging to a prominent Malaysian car brand has sparked bewilderment among Malaysian netizens, who question the necessity of adhering to attire guidelines for a simple vehicle servicing.

The signage explicitly delineates clothing items that are deemed unsuitable, including sleeveless tops, short skirts, abbreviated pants, and distressed jeans.

The car manufacturer swiftly found itself flooded with comments from both inquisitive and irked Malaysian netizens. This surge in online activity prompted the company to issue an official statement aimed at clarifying the situation and extending an apology.

In a post that gained significant traction on the social media platform, politician Quek Tai Seong of Pahang State, Malaysia, shared an image to Facebook on Monday (7 Aug).

The image showcased a dress code sign prominently displayed at a Perodua Service Centre in Kuantan. Within the post, Quek posed the question: “Is this dress code applicable nationwide, or is it specific to this branch?”

The signage reads, “All customers dealing with Perodua Service Kuantan 1, Semambu, are requested to dress modestly and appropriately.”

Adding visual clarity to these guidelines, the sign features illustrative graphics that explicitly outline clothing items deemed unacceptable, including sleeveless tops, short skirts, short pants, and ripped jeans.

Delineating the specifics of the dress code, the signage stipulates that male visitors are expected to don shirts accompanied by neckties, opt for long pants, and wear closed shoes.

Conversely, female visitors are advised to don long-sleeved shirts, full-length skirts, and closed-toe footwear.

Perodua’s dress code sparks online uproar

Following the rapid spread of the post, Perodua’s official Facebook page found itself inundated with comments from both intrigued and frustrated Malaysian netizens, all seeking clarifications about the newly surfaced dress code policy.

Amidst the flurry of comments, numerous incensed netizens posed pointed questions such as, “What is the rationale behind the introduction of such regulations by the management? We demand an explanation.”

Another netizen expressed their dissatisfaction, arguing against the necessity of the rule and urging Perodua to take inspiration from the practices of other 4S (Sales, Service, Spare Parts, and Survey) automotive dealerships.

A concerned Facebook user chimed in, advocating for a more lenient stance, asserting that attempting to dictate customers’ clothing choices might not be in the company’s best interest.

Someone also commented in an angry tone, “Oi what is this? Going there for car service, not interview or working, right.”

As the discourse unfolded, it became evident that while some inquiries carried genuine weight, others chose to inject humor into the situation, playfully remarking, “If I wanted to buy a Myvi, I should buy or rent a formal attire first.”

“I sell economy rice at a hawker centre, I have never worn a long sleeve shirt and a tie… I guess I will not buy a Perodua car then.”

“I guess they will not serve those who wear short pants.”

Perodua addresses dress code controversy

As reported by Chinese media outlet Sin Chew Daily News, the manager of Kuantan’s Perodua Service Centre had acknowledged that the images on the dress code signage were misleading.

In response, the manager divulged that discussions had transpired with the head office, leading to the prompt removal of the signage to prevent any further misconceptions.

The manager clarifies, “We do encourage visitors to adhere to the dress etiquette, but we won’t go to the extent of restricting their choice of attire.”

He also revealed that currently, no complaints have been directly received from the public.

However, feedback from certain customers was relayed through Perodua’s agents.

Perodua also released an official statement by chief operating officer JK Rozman Jaffar on Wednesday (9 Aug) regarding the dress code on their official Facebook page.

The statement stated the dress code etiquette is not aligned with their official guidelines and they are currently conducting an official investigation on the matter followed by corrective measures to avoid the same incident from happening.

Perodua also extends its apologies for any inconvenience caused.

 

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