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High Court reserves judgement on judicial review application

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Wong Chun Han

The Supreme Court reserved judgement Wednesday in a hearing on the pardon process for Malaysian death row convict Yong Vui Kong, who is asking for his execution to be stayed on the grounds that he had been denied a fair clemency process.

The 22-year-old – sentenced to death in 2008 for drug trafficking – was asking the High Court to grant a judicial review on his clemency process, which he claimed had been prejudiced by the actions of a Cabinet minister.

If the High Court finds in Yong’s favour, another hearing will be arranged – allowing the court to review his claims that his clemency process had been tainted.

In Wednesday’s hearing, which was closed to the public, Yong’s lawyer M Ravi presented arguments in an attempt to persuade Justice Steven Chong that his client has valid grounds to file for a judicial review.

Ravi told the judge that public comments made by Law Minister K Shanmugam and his ministry in May had prejudiced his client’s clemency plea even before it had been filed.

Yong was awaiting the outcome of his appeal which he made in March when Law Minister K Shanmugam spoke publicly on his case on May 9.

Shanmugam, responding to a question at a public dialogue session, had said that to pardon Yong would be “sending a signal to all drug barons out there” that they should choose as drug mules people who are “young or a mother of a young child”. ““Yong Vui Kong is young. But if we say ‘we let you go’, what is the signal we are sending?” the minister had said.

The Ministry of Law later issued a statement saying the minister had “reiterated the policy and philosophy behind the death penalty and why Singapore adopted a tough stance.”

The Court of Appeal subsequently quashed Yong’s appeal, announcing its judgement five days after the comments.

In his court submissions, Ravi cited as context the timing of the comments, the influence and importance of the Law Minister in the Cabinet, the lack of contrarian views from other Cabinet members, and the rebuffing of Yong’s earlier clemency plea.

Given these circumstances, he argued that it was “reasonable inference that [Shanmugam’s] remarks reflect the views of [the] Cabinet and that [the] Cabinet intends to reject [Yong’s] clemency petition even before it has been filed.”

This represents a “usurpation of the Elected President’s clemency powers” and “a de facto preemptive exercise by [the] Cabinet of the Elected President’s Constitutional prerogative,” he said in his submissions.

As such the “constitutional process for handling [Yong’s] clemency petition has been irreversibly tainted to the prejudice of [Yong],” he said.

Senior state counsel David Chong, responding for the Attorney General, argued that the High Court was not in a position to grant a judicial review to Yong.

The clemency process was not subject to judicial review, he said, citing two cases in Malaysia that provided precedent on the matter.

In those cases the Malaysian courts found that the clemency process was not reviewable, he said.

However, he conceded that there have been no similar cases in Singapore that could provide legal precedence.

In response, Ravi cited cases in England, India and South Africa in which judges ruled the clemency process to be reviewable by the judiciary. He also clarified the Malaysian cases raised by Chong, citing differences between them and his client’s case.

Chong also argued that under Article 22P of the Singapore Constitution, the President has no discretion in deciding the outcome of a plea for pardon.

In addition, Article 22K grants the President immunity from most types of legal proceedings, which therefore makes Yong’s case unreviewable, he said.

Ravi argued in response that if the Cabinet is the effective decision maker in the granting of pardon – as then-Attorney General Walter Woon had asserted in March – then the judiciary would have the authority to review Cabinet actions for bias.

The lack of such an authority would represent a breach of natural justice, he said.

It is unclear when the High Court would announce its ruling on the case, but Justice Chong said he would try to expedite the judgement, following a marathon six-and-a-half-hour-long hearing in chambers.

On a related note, the Malaysian government, The Online Citizen understands, has written to the Singapore government on the matter of granting clemency to Yong. On 5 July, the Malaysian Foreign Minister had promised to “do everything possible within our powers or diplomatic means” to seek clemency for Yong.

Yong’s family has also written to the president. (See The Star Online report.)

—————

Download Mr M Ravi’s submissions here.

Download the Attorney General’s submissions here.

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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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