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Past Presidents powerless, never actually decided clemencies?

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Choo Zheng Xi –

Singaporeans are justifiably shocked to discover that Singapore’s Elected President has absolutely no discretion to grant clemency.

For years, the media, defense lawyers, and the general public have been deliberately given the impression that the President had some role to play in clemency. The latest High Court judgment makes clear that in all these years of the clemency process, the President has merely acted as a rubber-stamp.

Grants of Presidential clemency are rare in Singapore, but not actually unheard of. Since Singapore’s independence, seven clemencies have been granted.

Two were granted in the term of Benjamin Sheares, one under Devan Nair, three under Wee Kim Wee, and one under Ong Teng Cheong.

Each letter from the President’s principle private secretary rejecting or accepting clemency includes the words: “after due consideration and with the advice of the Cabinet” (emphasis added). The clear implication is that the President has considered, or applied his mind to whether or not to grant clemency.

A Straits Times report covering the death of President Wee Kim Wee in 2005 was written completely on the assumption that the President played some role, indeed a major role in the grant of clemency to Koh Swee Beng in 1992. Koh was originally supposed to hang for murder.

The article, about Koh’s mother who stood at the Istana weeping on the death of President Wee, begins:  “THIRTEEN years ago, he spared her son from the gallows” and ends with a quote by Koh’s defense lawyer Mr Peter Fernando:  “The family was so grateful to the President”.  Koh’s mother is quoted as saying “He was a really good person. I can never repay him for what he has done. But I wanted to pay my respects to him and thank him one last time”.

According to the AG and High Court, Madam Koh’s adoration for the late President Wee was completely misguided! President Wee had absolutely no discretion in the matter, and did not have a say in whether her son lived or died, he merely signed off on Cabinet’s decision!

Earlier in 1992, President Wee Kim Wee had also pardoned a second person, Madam Sim Ah Cheoh, who was convicted of drug trafficking and sentenced to hang.

In a Straits Times report on 23 March of that year, the paper announced that “it was also the first time President Wee Kim Wee exercised his powers as Elected President in intervening, on the recommendation of the Cabinet, in a case where a person was found guilty of an offence punishable by death and had exhausted all other ways of appeal.” (emphasis added)

All these years, when petitioners have sent appeals for clemency to the Istana, they have believed that they were making personal appeals to invoke what in English law is known as the “sovereign’s high prerogative of mercy”.

This was what the mother of condemned man Mathavakannan thought in 1998, when she made a highly personal appeal to President Ong Teng Cheong to spare her son: “My son is my world, my life and the very essence of my existence … If the death sentence is carried out, it would also be my death sentence because the sorrow of the loss of my only son would surely kill me.”

President Ong heard her plea, and granted Mathavakannan a commutation to life imprisonment.

According to Justice Steven Chong and the Attorney-General, President Ong had nothing to do with it.

According to them, it seems that The Straits Times got it wrong, but there was no denial from the Cabinet that the Elected President actually had absolutely no discretion in this matter.

If Cabinet has all along been deciding clemencies, how can it be that Prime Minister Goh Chok Tong so grossly mistook the number of executions in that year by seven times the actual number when questioned on the BBC’s Hardtalk in 2003? Has Cabinet really been the one making the final choice all along?

The only person capable of clearing this mess up is President Nathan, empowered under Article 100 of the Constitution to convene a Constitutional Tribunal to ascertain the limits of his powers to grant clemency. Ong Teng Cheong did exactly that in 1995 by convening the tribunal to clarify if he could withhold assent to Constitutional Bills passed by Parliament aimed at circumventing his powers.

Unless President Nathan acts, he will go down in history as the one President who not just never granted a single clemency, but also sat back and let Cabinet curtail his powers.

Addendum: President S R Nathan’s second term is coming to an end, no clemencies have been granted under his watch.

—————

An event at Speakers’ Corner is planned for this Sunday, 22 August at 4pm, with regards to the matter. Please do come and join us and call for the President to convene a Constitutional Tribunal to clarify where the power of discretion lies.

Details of this Sunday’s event 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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