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举牌吁川普推动两岸和平 璩美凤一人集会险触《公共秩序法》

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台湾政界闻人璩美凤于昨天下午3.20分,前往朝鲜领导人金正恩下榻的瑞吉酒店外举牌,呼吁美国总统川普推动海峡两岸和平。

她向现场媒体声明,川普推动南北韩和平互动,然而中国大陆和台湾两岸的中华儿女却走向战争,若川普能让两岸和平,才能为美国、全亚洲带来最大的利益。

据《联合早报》在脸书专页分享的视频,她拿着一张写着:“Trump – Peace Korea, Trump – War Taiwan, Nobel Peace Prize?”字样的纸板,似乎要表达,川普为朝鲜半岛带来和平,却加剧台海对立,质疑他角逐诺贝尔和平奖的资格。

璩美凤在发表言论约2分钟后,约2、3名警员趋前,吁请媒体站离路面,也间接暗示璩美凤结束公开言论,离开现场。

[iframe id=”https://www.facebook.com/plugins/video.php?href=https%3A%2F%2Fwww.facebook.com%2Fzaobaosg%2Fvideos%2F2004330032971488%2F&show_text=0&width=560″]

另一方面,一名69岁的南韩妇女金吉雍(译音)在今早于川金峰会会场嘉佩乐酒店附近,举大字报呼吁北韩归还他的父亲金永亿(译音)。金吉雍声称其父亲在1960年被北韩俘虏,至今生死未卜。她的声明由52岁的南韩牧师金九和(译音)翻译给现场媒体。随后二者也被警方请离现场,并未有任何冲突和逮捕行动。

不过,璩美凤和南韩妇女事先未向新国政府申请,发表公开言论,若换作是本国公民,可能有面对触法而被捕的风险。一些社运份子指出,若警方力劝璩美凤还不愿意离开,前者也可基于《公共秩序法》,直接采取强硬行动逮捕。

例如‘网络公民’在去年10月曾报导,艺术家和社运分子施兰(Seelan Palay),在没有警方许可下,独自一人站在国会前,举着“一面画有图案的镜子,批判政府前国会议员谢太宝遭囚禁和软禁32年,进行无声抗议。在警方劝离不果而被当场逮捕。

一人集会可触法

在新加坡,即使是低至一人的小规模集会,也会抵触《公共秩序法》,对打压言论自由力度严苛,引起民众诟病。早在2009年,议员林瑞莲就抨击该恶法,例如对集会和游行的定义,不再限制于5人。也意味着,即使只有一人,也可构成非法集会,使得政府有能力进一步钳制民众的自由。

“新加坡宪法第四部14条文,阐明公民的言论、集会和结社自由权利,固然国会有权基于安全考量作一定限制。但这是宪法保障人民的基本权益,《公共秩序法》是否已越权,致使人民与政府的对等对话权益放弃太多?“

要说一人就是集会已经犯了语病,再者,难道已有先例,少于4人的集会对民众生活构成威胁?司法部长山姆甘曾就此回应:在《杂项犯罪法》(Miscellaneous Offcence Act)下,5人只是参考数,应把焦点放在活动意图而不是人数,例如4人有意制造混乱明显比20名进行和平活动的群体,构成更大威胁。

“我们可以假定人们都行为理智,然而事实是总有一小撮需要以法对付的行为极端者。如果1人太少,要多少呢?各国的集会最低人数也不同,有些定为三人,所以过于集中在人数的讨论会模糊掉警方对维护治安的职责,更应专注于活动的意图和成果是否带来显著威胁。“

‘网络公民’以视频记录下施兰的和平抗议,后者并无作出多大的威胁,为了控诉对前国会议员谢太宝的不当囚禁待遇,只是拿着一面镜子站在艺术馆和国会前和平抗议。他不曾干扰民众,也不曾反抗警方,然而施兰最终还是被逮捕了。逮捕施兰的行动,显示当权者无法容忍异议与民众的批判,也延续了司法的不公义。

注:璩美凤是具争议的台湾政治和新闻界名人,曾担任记者、电视节目主持人、台北市议员、新竹市政府文化局局长、澳亚卫视主播等。在2001年陷入性爱光碟丑闻,她目前是中华团结联盟党主席、中华统一促进党发言人。

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Redditors question support for PAP over perceived arrogance and authoritarian attitude

Despite Senior Minister Lee Hsien Loong’s warning that slimmer electoral margins would limit the government’s political space “to do the right things”, many Redditors questioned their support for the ruling PAP, criticising its perceived arrogance. They argued that SM Lee’s remarks show the party has ‘lost its ways’ and acts as if it alone can determine what is right. Others noted that the PAP’s supermajority allows for the passage of unfavourable policies without adequate scrutiny.

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In a recent speech, Senior Minister Lee Hsien Loong warned that “if electoral margins get slimmer, the government will have less political space to do the right things.”

Mr Lee, who served as Prime Minister for 20 years, highlighted the risks associated with increasingly competitive politics.

“It will become harder to disregard short-term considerations in decision-making. The political dynamics will become very different,” he stated during his speech at the Annual Public Service Leadership Ceremony 2024 on 17 September.

“Singaporeans must understand the dangers this creates, and so must the public service,” SM Lee stressed.

SM Lee pointed out that Singapore faces formidable internal and external challenges in the years ahead, with rising expectations and demands from citizens.

As growth becomes harder to achieve and politics becomes more fiercely contested, he warned, “Things can go wrong for Singapore too.”

He urged vigilance in preparing for an uncertain future, noting, “As the world changes, and as the generations change, we must do our best to renew our system – to ensure that it continues to work well for us, even as things change.”

Critique of PAP’s Arrogance and Disconnect from Singaporeans

The People’s Action Party (PAP) experienced a notable decline in its vote share during the 2020 General Election, securing 61.24% of the votes and winning 83 out of 93 seats, a drop from 69.9% in 2015.

A significant loss was in Sengkang GRC, where the PAP team, led by former Minister Ng Chee Meng, was defeated by the Workers’ Party (WP).

In discussions on Reddit, some users questioned why they should support the ruling PAP, criticising the party’s perceived arrogance.

They pointed out that SM Lee’s recent remarks illustrate that the party has strayed from effectively serving Singaporeans and seems to believe it has the sole authority to decide what is right.

Others highlighted that the PAP’s super-majority in Parliament enables the passage of unfavourable policies without sufficient scrutiny.

One comment acknowledged that while many older Singaporeans remain loyal to the PAP due to its past achievements, younger generations feel the party has failed to deliver similar results.

There is significant frustration that essentials like housing and the cost of living have become less affordable compared to previous generations.

The comment emphasised the importance of the 2011 election results, which they believe compelled the PAP to reassess its policies, especially concerning foreign labor and job security.

He suggested that to retain voter support, the PAP must continue to ensure a good material standard of living.

“Then, I ask you, vote PAP for what? They deserve to lose a supermajority. Or else why would they continue to deliver the same promises they delivered to our parents? What else would get a bunch of clueless bureaucrats to recognise their problems?”

Emphasising Government Accountability to the Public

Another Redditor argued that it is the government’s responsibility to be accountable to the people.

He further challenged SM Lee’s assertion about having less political space to do the right things, questioning his authority to define what is “right” for Singapore.

The comment criticised initiatives like the Founder’s Memorial and the NS Square, suggesting they may serve to boost the egos of a few rather than benefit the broader population. The Redditor also questioned the justification for GST hikes amid rising living costs.

“Policies should always be enacted to the benefit of the people, and it should always be the people who decide what is the best course of action for our country. No one should decide that other than us.”

The comment called for an end to narratives that present the PAP as the only party capable of rescuing Singapore from crises, stating that the country has moved past the existential challenges of its founding era and that innovative ideas can come from beyond a single political party.

Another comment echoed this sentiment, noting that by stating this, SM Lee seemingly expects Singaporeans to accept the PAP’s assumption that they—and by extension, the government and public service—will generally do the “right things.”

“What is conveniently overlooked is that the point of having elections is to have us examine for ourselves if we accept that very premise, and vote accordingly.”

A comment further argued that simply losing a supermajority does not equate to a lack of political space for the government to make the right decisions.

The Redditor express frustration with SM Lee’s rhetoric, suggesting that he is manipulating public perception to justify arbitrary changes to the constitution.

Concerns Over PAP’s Supermajority in Parliament

Another comment pointed out that the PAP’s supermajority in Parliament enables the passage of questionable and controversial policies, bypassing robust debate and discussion.

The comment highlighted the contentious constitutional amendments made in late 2016, which reserved the elected presidency for candidates from a specific racial group if no president from that group had served in the previous five terms.

A comment highlighted the contrast: in the past, the PAP enjoyed a wide electoral margin because citizens believed they governed effectively. Now, the PAP claims that without a substantial electoral margin, they cannot govern well.

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Reforming Singapore’s defamation laws: Preventing legal weapons against free speech

Opinion: The tragic suicide of Geno Ong, linked to the financial stress from a defamation lawsuit, raises a critical issue: Singapore’s defamation laws need reform. These laws must not be weaponized to silence individuals.

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by Alexandar Chia

This week, we hear the tragic story of the suicide of Geno Ong, with Ong citing the financial stress from the defamation lawsuit against her by Raymond Ng and Iris Koh.

Regardless of who’s right and who’s wrong, this Koh/Ng vs Ong affair raises a wider question at play – the issue of Singapore’s defamation laws and how it needs to be tightened.

Why is this needed? This is because defamation suits cannot be weaponised the way they have been in Singapore law. It cannot be used to threaten people into “shutting up”.

Article 14(2)(a) of the Constitution may permit laws to be passed to restrict free speech in the area of defamation, but it does not remove the fact that Article 14(1)(a) is still law, and it permits freedom of speech.

As such, although Article 14(2)(a) allows restrictions to be placed on freedom of speech with regard to the issue of defamation, it must not be to the extent where Article 14(1)(a)’s rights and liberties are not curtailed completely or heavily infringed on.

Sadly, that is the case with regard to precedence in defamation suits.

Let’s have a look at the defamation suit then-PM Goh Chok Tong filed against Dr Chee Soon Juan after GE 2001 for questions Dr Chee asked publicly about a $17 billion loan made to Suharto.

If we look at point 12 of the above link, in the “lawyer’s letter” sent to Dr Chee, Goh’s case of himself being defamed centred on lines Dr Chee used in his question, such as “you can run but you can’t hide”, and “did he not tell you about the $17 billion loan”?

In the West, such lines of questioning are easily understood at worse as hyperbolically figurative expressions with the gist of the meaning behind such questioning on why the loan to Suharto was made.

Unfortunately, Singapore’s defamation laws saw Dr Chee’s actions of imputing ill motives on Goh, when in the West, it is expected of incumbents to take the kind of questions Dr Chee asked, and such questions asked of incumbent office holders are not uncommon.

And the law permits pretty flimsy reasons such as “withdrawal of allegations” to be used as a deciding factor if a statement is defamatory or not – this is as per points 66-69 of the judgement.

This is not to imply or impute ill intent on Singapore courts. Rather, it shows how defamation laws in Singapore needs to be tightened, to ensure that a possible future scenario where it is weaponised as a “shut-up tool”, occurs.

These are how I suggest it is to be done –

  1. The law has to make mandatory, that for a case to go into a full lawsuit, there has to be a 3-round exchange of talking points and two attempts at legal mediation.
  2. Summary judgment should be banned from defamation suits, unless if one party fails to adduce evidence or a defence.
  3. A statement is to be proven false, hence, defamatory, if there is strictly material along with circumstantial evidence showing that the statement is false. Apologies and related should not be used as main determinants, given how many of these statements are made in the heat of the moment, from the natural feelings of threat and intimidation from a defamation suit.
  4. A question should only be considered defamatory if it has been repeated, after material facts of evidence are produced showing, beyond reasonable doubt, that the message behind the question, is “not so”, and if there is a directly mentioned subject in the question. For example, if an Opposition MP, Mr A, was found to be poisoned with a banned substance, and I ask openly on how Mr A got access to that substance, given that its banned, I can’t be found to have “defamed the government” with the question as 1) the government was not mentioned directly and 2) if the government has not produced material evidence that they indeed had no role in the poisoning affair, if they were directly mentioned.
  5. Damages should be tiered, with these tiers coded into the Defamation Act – the highest quantum of damages (i.e. those of a six-figured nature) is only to be reserved if the subject of defamation lost any form of office, revenue or position, or directly quantifiable public standing, or was subjected to criminal action, because of the act of defamation. If none of such occur, the maximum amount of damages a plaintiff in a defamation can claim is a 4-figure amount capped at $2000. This will prevent rich and powerful figures from using defamation suits and 6-figure damages to intimidate their questioners and detractors.
  6. All defendants of defamation suit should be allowed full access to legal aid schemes.

Again, this piece does not suggest bad-faith malpractice by the courts in Singapore. Rather, it is to suggest how to tighten up defamation laws to avoid it being used as the silencing hatchet.

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