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MDA disallows performance about death penalty

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by Joshua Chiang

A performance on the death penalty by artist/activist Seelan Palay was disallowed just a day before it was to be staged at the Substation.

Titled ‘Choices, Chances’, it was meant to be the closing piece in a series of short performances presented by contemporary artists to be staged on the 15th of January.  The other performances were unaffected.

According to Palay, the proposal for the performance was submitted to MDA (Media Development Authority ) two weeks before the performance. (Under the Public Entertainment and Meetings Act, most public performances require an Arts Entertainment License)

A few days before the scheduled performance the MDA informed the organizers of R.I.T.E.S by phone of ‘problems’ with his proposal. Palay’s proposal had stated that his performance would include the use of photographs of people who had been hanged in Singapore, such as Vignes Mourthi and Amara Tochi. He would also be giving out photocopied photographs of Malaysian drug trafficker Yong Vui Kong to the audience as part of the performance.

Yong had been sentenced to death in January 2009. He has been granted a stay of execution pending decision on appeal.

“They (MDA) said they had problems with the photographs and it would take longer to process the license,” Palay said.

Concerned that the license would not be approved in time for the performance, Palay decided to replace the photographs with flowers.

But on the day before the performance, Palay was told that MDA would not grant the license for his performance. The reason was because of the use of a set of dice in his performance.

“They claimed that I’m trying to suggest that the judicial process is unfair,” Palay said. It was a claim he denied.

“First of all, who are they (MDA) to interpret what it means?” he said. “The dice was about the choices they have made in their lives and the chances they have of getting hanged.”

This is the second time Palay’s works have been banned. His film, One Nation Under Lee was ‘unofficially’ banned in 2008 because it contained footage of ‘Zahari’s 17 Years’, a film about ex-ISA detainee Said Zahari that was banned in 2007. Another one of his films about Francis Seow was still in the process of being rated one year after Palay’s submission.

Palay felt that MDA’s rejection of the license could be due to the fact that Yong Vui Kong’s hearing regarding the clemency process was to take place on 17th Jan, two days after the his scheduled performance. However, he asserted that he didn’t plan his performance to coincide with the hearing.

Calling MDA’s move ‘high-handed’, Palay asked, “Does that mean no artist will be able to make a work on the death penalty unless it’s really abstract and nobody knows what it’s about?”

“They have invisible OB markers which they expect local artists to somehow know,” Palay continued. “And because of that it leads to a lot of self-censorship.”

In the end, Palay had to verbally describe his performance to the audience.

He then concluded cryptically, “Unfortunately, this performance, like fundamental freedoms in this country, will remain a figment of your imagination.”

Death Penalty in arts – green light or red light?

Even though Justice Quentin Loh had stated in the verdict to the Alan Shadrake case that individuals can, and have the right to air views on the death penalty in public , it appears that MDA still remains unsure of its position in allowing the issue to be featured in the arts.

In the same series of performances that saw Palay’s piece banned, artist Lee Wen was given the green light to perform ‘Highway 69’. a song that touched on death penalty.

Last Meals exhibition along Esplanade Tunnel last January (source: Todayonline)

In 2005, the MDA withheld the licence for the play  “Human Lefts” unless some scenes were edited and all references to the death penalty removed.

In January last year, an exhibition on American death row convicts and their last meals was displayed along the Esplanade Tunnel for two weeks.

When contacted, MDA replied that Palay’s performance  was disallowed as it was “improper in the depiction of the legal system.” It also directed TOC to the full set of guidelines online.

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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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