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Liberty v Public Order: What we can learn from the Hong Kong protests

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This past week, the city of Hong Kong has made headlines as over 2 million people took to the streets to protest the incendiary Extradition Bill proposed by the Executive Council which many say would impact the city’s autonomy from China.

Starting on Sunday 9 June, a record-breaking number of protesters stood their ground, bringing the city to a standstill as businesses closed and streets were blocked. The largely peaceful protesters marched through central Hong Kong and parked themselves outside the Legislative Council building and surrounding areas to demand that the government withdraw the Bill entirely and demanding that the China-backed Chief Executive Carrie Lam resigns.

On Wednesday, things turned ugly as police engaged the crowd with tear gas and rubber bullets, claiming that the protesters were the one who instigated the clash. On the other side of the fence, protesters slammed the authorities for taking such drastic measures on what was just a handful of provocateurs.

After Wednesday’s events, however, the protests regained a measure of control as protesters worked hard to maintain public order, making way for ambulances to get through the crowd and not succumbing to ill behaviours such as looting. The police as well were much calmer as they watched the crowd and gave way to marching protesters. As of today (Monday, 17 June) reports estimate the crowd to be about 2.3 million strong, that’s about 30% of Hong Kong’s population and the largest demonstration in the city’s history, well above the Umbrella Movement protest back in 2014.

For the moment, the Legislative Council has suspended the second reading of the bill while Ms Lam has come out to apologise for causing tension. She did not, however, give in to demands of her resignation.

Will this work in Singapore?

Considering the events in Hong Kong, it makes you wonder how Singapore’s police force would manage a movement of that scale. Will the police know what to do? Will they be able to control a crowd of that magnitude without resorting to violent measures?

In December 2013, Singapore was shocked by a riot in Little India involving about 300 migrant labourers. Triggered by a fatal accident in the area involving a bus, an angry mob attacked the bus and emergency vehicles that had arrived to deal with the injured party. This was the second riot in Singapore since independence and the first since the massive race riots in 1969.

After the Little India riot in 2013, a committee of inquiry (COI) was convened to look into the event. After then-DPM Teo Chee Hean presented the government’s response to the COI report, Aljunied GRC MP Sylvia Lim raised the question of whether the police force could use more practice in handling situations involving large crowds.

Specifically, Ms Lim pointed out the COI’s recommendation that frontline officers should be trained and equipped to deal with public order disturbances. Following that, Ms Lim asked DPM Teo if training alone is a substitute for actual practice in policing such incidents.

She said, “In this light, would he consider, for example, that the Police should allow more peaceful protests in Singapore in certain designated roads, so that the Police can actually on a regular basis test their policing capabilities in terms of policing cause-based crowds. Riots, of course we do not want that, but they progress, basically, from some sort of cause-based protest. I would like to ask the Deputy Prime Minister whether he would consider that.”

Ms Lim argued, “We do not want damage in property or loss of life, but peaceful protests are arguably a freedom and civil liberty we want to project.”

In response, DPM Teo said “We can see the logic, or lack of it, in purposely allowing protests and demonstrations just in order for the SOC to practise.”

“But I should say that one of the reasons why I do want to increase the size of the SOC is because we do have more events in Singapore, large scale events, and you do not really need to deliberately allow protests to take place in order to give the SOC practice. A typical football match and other events like that already provide the SOC quite a lot of activity and action,” he added.

Elaborating further, DPM Teo said he didn’t think many Singaporeans would want to see more “chaos” or demonstrations “disrupting their daily lives” and taking up resources which can be used for other purposes.

Permits for protesting in Singapore

Enshrined in the Singapore Constitution is the freedom of expression and assembly. However, these freedoms come with caveats. Section 14 of the Singapore Constitution states that every citizen has a right to the freedom of speech, expression, and peaceful assembly. However, these freedoms are restricted by Section 14(2):

Screen shot of Singapore Constitution, Section 14.

The Public Order Act (Section 5) enacted in 2009 states that public assemblies are processions requires advanced notice and approved permits. Basically, it’s illegal to protest in Singapore without a police permit.

While that may seem easy enough to obtain, TOC editor Terry Xu experienced just how difficult it is to actually get a permit request approved. Back in 2018, he had tried several times over months to obtain a permit for various purposes including a one-man assembly on the issue of live streaming parliamentary sessions.

In a post on Facebook, Terry recalls:

I have made a few applications to the Singapore Police Force over the past months to hold an one man assembly due to the signing of parliament petition to hold live parliament streaming. Some with signage, some not.

The last one sent, was to hold a protest against the recently passed Public Order and Safety (special powers) bill was pretty much the extreme settings where one man sit-in silent protest with no signage at the middle of the night of the Central Business District during weekend is denied by the police because of “risk of causing public disorder, as well as damage to property”

The risk to public order and damage of property is the catch-all reason that the government uses to explain why assemblies and organised protests are usually not permitted in Singapore. Even a one-man silent protest is deemed too risky.

A little risk goes a long way

Back in 2016 at the “Poverty and Inequality in Singapore” conference organised by “Let’s Talk, Singapore”, former Chief Economist, GIC, Adjunct Professor, LKY School of Public Policy Mr Yeoh Lam Keong noted that Singapore’s economic system relied heavily on foreign capital and labour.

The system’s architect, Mr Goh Keng Swee had said at the time in 1972 that there would be serious implications if Singapore continued to rely on the system he came up with. Mr Yeoh noted how Mr Goh’s prediction is coming true.

He further said that this particular arrangement of relying on multi-national corporations meant that the government could use it as a point to argue upon when come to issues of organising strikes and other liberties.

“And that created its own economical and political dynamic, by the justification of continuing the dependance on foreign captial, you have said, we cannot afford strikes, we cannot afford any industrial actions, we cannot afford any democratic “noise” on the street, we can’t even afford to have an occupy movement that we saw in Hong Kong. Otherwise, we will lose all these capital,” said Mr Yeoh

Coming back to Hong Kong – the ongoing protests have, thus far, not affected the city financially or economically all that much. In fact, unlike what one might expect, the stock prices in Hong Kong did not tumble after the record-breaking protests.

In fact, it appears that the Hong Kong market rallied after a week of losses, thanks in part to the decision of the government to suspend their plans of pushing through the Extradition Bill. As you can see from the Hang Sang Index for example, there was a spike in the market from the start of transaction before gradually dropping to the level it was at the time the market closed:

If anything, the people of Hong Kong are showing the world – including Singapore – that the excuse commonly used by the Singapore government to curtail the constitutional rights of its citizens is not entirely valid.

Or perhaps the SPF has to simply acknowledge that it is less capable than that of the Hong Kong Police when it comes to managing its city’s residents, particularly that the SPF seems unable to manage a one man protest let alone one by millions of people.

But as Mr Yeoh Lam Keong said of Singapore, its founders have “created and perpetuated” a system that even they find faulty for economic reasons, but it also has “severe political negative implications that you must forever remain a muted and docile polity.”

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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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Chee Soon Juan questions Shanmugam’s $88 million property sale amid silence from Mainstream Media

Dr Chee Soon Juan of the SDP raised concerns about the S$88 million sale of Mr K Shanmugam’s Good Class Bungalow at Astrid Hill, questioning transparency and the lack of mainstream media coverage. He called for clarity on the buyer, valuation, and potential conflicts of interest.

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On Sunday (22 Sep), Dr Chee Soon Juan, Secretary General of the Singapore Democratic Party (SDP), issued a public statement on Facebook, expressing concerns regarding the sale of Minister for Home Affairs and Law, Mr K Shanmugam’s Good Class Bungalow (GCB) at Astrid Hill.

Dr Chee questioned the transparency of the S$88 million transaction and the absence of mainstream media coverage despite widespread discussion online.

According to multiple reports cited by Dr Chee, Mr Shanmugam’s property was transferred in August 2023 to UBS Trustees (Singapore) Pte Ltd, which holds the property in trust under the Jasmine Villa Settlement.

Dr Chee’s statement focused on two primary concerns: the lack of response from Mr Shanmugam regarding the transaction and the silence of major media outlets, including Singapore Press Holdings and Mediacorp.

He argued that, given the ongoing public discourse and the relevance of property prices in Singapore, the sale of a high-value asset by a public official warranted further scrutiny.

In his Facebook post, Dr Chee posed several questions directed at Mr Shanmugam and the government:

  1. Who purchased the property, and is the buyer a Singaporean citizen?
  2. Who owns Jasmine Villa Settlement?
  3. Were former Prime Minister Lee Hsien Loong and current Prime Minister Lawrence Wong informed of the transaction, and what were their responses?
  4. How was it ensured that the funds were not linked to money laundering?
  5. How was the property’s valuation determined, and by whom?

The Astrid Hill property, originally purchased by Mr Shanmugam in 2003 for S$7.95 million, saw a significant increase in value, aligning with the high-end status of District 10, where it is located. The 3,170.7 square-meter property was sold for S$88 million in August 2023.

Dr Chee highlighted that, despite Mr Shanmugam’s detailed responses regarding the Ridout Road property, no such transparency had been offered in relation to the Astrid Hill sale.

He argued that the lack of mainstream media coverage was particularly concerning, as public interest in the sale is high. Dr Chee emphasized that property prices and housing affordability are critical issues in Singapore, and transparency from public officials is essential to maintain trust.

Dr Chee emphasized that the Ministerial Code of Conduct unambiguously states: “A Minister must scrupulously avoid any actual or apparent conflict of interest between his office and his private financial interests.”

He concluded his statement by reiterating the need for Mr Shanmugam to address the questions raised, as the matter involves not only the Minister himself but also the integrity of the government and its responsibility to the public.

The supposed sale of Mr Shamugam’s Astrid Hill property took place just a month after Mr Shanmugam spoke in Parliament over his rental of a state-owned bungalow at Ridout Road via a ministerial statement addressing potential conflicts of interest.

At that time, Mr Shanmugam explained that his decision to sell his home was due to concerns about over-investment in a single asset, noting that his financial planning prompted him to sell the property and move into rental accommodation.

The Ridout Road saga last year centred on concerns about Mr Shanmugam’s rental of a sprawling black-and-white colonial bungalow, occupying a massive plot of land, managed by the Singapore Land Authority (SLA), which he oversees in his capacity as Minister for Law. Minister for Foreign Affairs, Dr Vivian Balakrishnan, also rented a similarly expansive property nearby.

Mr Shanmugam is said to have recused himself from the decision-making process, and a subsequent investigation by the Corrupt Practices Investigation Bureau (CPIB) found no wrongdoing while Senior Minister Teo Chee Hean confirmed in Parliament that Mr Shanmugam had removed himself from any decisions involving the property.

As of now, Mr Shanmugam has not commented publicly on the sale of his Astrid Hill property.

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