Connect with us

Current Affairs

人权律师拉维:有违议长应保持中立精神 陈川仁对部长声明表态不妥

Published

on

撰文:人权律师M.Ravi  翻译:北雁

在本周二(2月12日),国会议长陈川仁在脸书发文表示,同意卫生部当初不把艾滋病患数据泄漏事件公之于众的决定和考量。

陈川仁表示“密切”聆听了颜金勇的解释,最后又把问题抛给群众,询问他们如果在相同情境下,他们会怎么做。当然本文并非要讨论群众该做什么,而是针对身为国会议长的陈川仁先生,指出他的可为和有所不可为。

身为议长,陈川仁就是国会中的首席官员,他有责任主持议会,确保议会事务顺利进行,而不是卷入议会和议员们的辩论,他有责任保持公正不偏袒。

2017年,他受委为第十届国会议长,也承诺在主持议会事务上会保持“不偏袒、中立和客观”。诸君也可到国会网站,上面也阐述了议长必须对所有议员一视同仁不偏袒。

然而,他在脸书对课题发表上述声明,是否已贬低了议长的身份,形同摒弃了他强调、也理应维护的客观公正?

以下为陈川仁对艾滋数据泄露事件发表观点的脸书贴文:

根据《议会法》(特权豁免权和权利)(第217章)第3(1)条,议长的豁免权和权限,自共和国创立以来就和英国国会类同。在厄尔斯金梅(Erskine May)撰写的《议会惯例》–一本有关议会程序和守则的权威教科书,也提到下议院院长的主要性质,即是保持权威和公正。

那么假设国会议员、在此情况下就是议长本身–若藐视议会程序,那么有几个方案可以遵循。

一,提呈违反特权动议,交特权委员会审理议长。

根据新加坡国会议会常规第7(a)(i),议员对于任何可能影响议会权限和特权的事项,投诉到特权委会。

在这种情况下,很显然议长的偏见已违反了议长特权。有关动议不论国会有无召开,都可以提呈。

相对讽刺的是,陈川仁自己就是特权委会的主席。所以不清楚针对委员会主席本身的动议会如何被处理,但是在公众利益的前提下仍是可行的。

二,议长应荣誉请辞

其实类似的动议也曾在遵循西敏寺议会制的加拿大发生过。1956年,加拿大反对党领袖乔治杜鲁,对议长博多(Beaudoin)提出谴责动议,要求撤销有关辩论程序的裁决,但被驳回。然而不到一个月,博多一封批评反对党议员作风的信函被媒体曝光,隔日博多就请辞了。

至少博多做得光彩,也限制了议长僭权造成的损害。

三,《议会法》(特权,豁免和权力)第20条规定的议会的惩罚权

有关第20条文允许议会,对不光彩行为、滥用特权或藐视议员者:

  • 监禁不超过一届议会的任期
  • 惩罚不超过五万新元的罚款
  • 冻结他在当届议会剩余任期的职务
  • 指示议长对其谴责和劝诫

所以,反对党议员可以考虑以上至少一项方案,在国会采取行动,因为这已是严重侵害了议长在宪法中的神圣地位。

有趣的是,这已不是第一次我国议长被指出现偏袒。在2013年1月,时任议长(也是现任的总统)哈莉玛,竟公开支持行动党榜莪东候选人候选人许宝琨。然而有关事件最后却不了了之没有深究。但是现在已是时候好好正视这这类令人震惊、玷污神圣议会重要职位的行为。

 

Continue Reading

Current Affairs

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.

Published

on

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.

Continue Reading

Current Affairs

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.

Published

on

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.

 

Continue Reading

Trending