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Tan Wah Piow: Challenge Singapore’s Facade Democracy

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by James Gomez

Singapore’s façade democracy needs to be challenged if citizens want their political rights – this is what I took away from my one hour conversation with Tan Wah Piow at London Heathrow Airport on 19 September 2010.

For Wah Piow, the political challenge that Singapore faces today, compared to the time he was active in the early 70s, is in essence still the same. Singapore has a constitution that offers its citizens certain freedoms but these have been subverted by a series of conditions placed on them. This is what makes Singapore, in Wah Piow’s words, “a façade democracy” – a pretence democracy.

About a week earlier I was in the United Kingdom to present a paper at the Oxford Internet Institute’s conference (http://microsites.oii.ox.ac.uk/ipp2010/programme/55) and to do some networking when I was introduced to Tan Wah Piow by Margaret John, an Amnesty International coordinator. At that first meeting we exchanged preliminary pleasantries and agreed to a one-on-one chat to discuss Singapore politics.

Tan Wah Piow is known in Singapore as a former student activist who was detained in 1974 and who later sought political asylum in the UK after his release in 1975. His name was again evoked by the PAP government during the 1987 alleged Marxist Conspiracy as the “mastermind” behind the plot.

34 years on after arriving in the UK and sitting at London Heathrow airport, Wah Piow didn’t at all strike me like what the PAP government or the local mainstream media made him out to be. He had a pleasant disposition about him, was smartly dressed and is now a lawyer with a successful legal practice that employs 13 lawyers. He is also married and has a 26 year old son.

So it was indeed a bonus to meet this Singapore political icon and to have the opportunity to ask him several direct questions on politics back home. Most pressingly, I wanted to know if the main issues or political challenges have changed since his university activism days in 1973 and now in 2010.

As mentioned in the opening of this article, for Wah Piow the primary political challenge has not changed. Singapore is still a façade democracy, but the environment in which the people fighting to change it has changed. Wah Piow feels that the environment in which activists are now operating and challenging the PAP has changed compared to the 70s which were far more restrictive.

There have been some changes to the constitution leading up to today, but these have not been fundamental. What is most important to note is that over many years there still has been no change of heart in the PAP government when it comes to political freedoms. The challenge therefore is to ensure that those who subvert the constitution are held politically accountable.

He added further that the PAP government over the years has managed to install in Singaporeans a “culture of silence”. As a result, people keep silent even though they know something is going wrong. This he said has to change too.

Wah Piow felt that the reason that he was detained was not so much that he was against detention without trial or supported democracy. Rather it was because he was prepared to ignore the restrictions imposed on his political rights and dared to stand in public solidarity with disfranchised workers. This act of political resistance is what most irked the PAP.

For him, today’s activists are articulating more directly the issues of democracy. These issues are not new but they are being raised publicly although the regime is the same. Current day activists are able to raise these issues now directly because the world has changed with globalisation and the internet. Wah Piow has kept in touch with developments in Singapore over the years by meeting up with students, opposition politicians and activists who often come to meet and exchange views with him.

So has he been to Singapore to witness some of these changes first hand?

No he said, not since the last 34 years.  He has been told informally via the Singapore embassy in London that there are still ‘unresolved’ issues even though he now holds a British passport. The nearest Wah Piow has been in recent years to Singapore is to Johor. There, from his hotel window he has caught glimpses of Singapore. It is also where he meets family and friends from Singapore. But his son, Wah Piow said, has been to Singapore.

With so much to chat about, the one hour we had went past quickly and I had a flight to catch. So I did what any writer would, I asked for a follow up interview. He agreed to answer several more questions following this article. So if you the reader have any questions please send them through via the TOC comment section and I will be happy to organise them into a manageable list and try to get some answers to them.

Dr James Gomez (http://www.arts.monash.edu.au/humcass/staff/james-gomez.php) was recently in the United Kingdom to present his paper “Opposition Parties and General Elections: New Media Policy Responses in Singapore and Malaysia“ (http://monash.academia.edu/JamesGomez/attachment/1610615/full/Opposition-Parties-and-General-Elections–New-Media-Policy-Responses-in-Malaysia-and-Singapore) at Oxford Internet Institute’s conference Internet, Politics, Policy 2010: An Impact Assessment..

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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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