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避免丧失角逐国会议员资格 陈两裕:别罚款 宁愿坐牢

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新加坡民主党领袖陈两裕于昨日(22日)的听证会上表示,他宁愿因藐视法庭罪被判入狱,也不愿被罚款5000元,以便能够角逐即将到来的大选。

根据《宪报》,凡是曾被判入狱至少一年,或被罚款超过2000元的国人,都丧失成为国会议员的资格。

陈两裕的辩护律师Eugene Thuraisingam对由五名法官组成的上诉庭表示,虽然法庭没有义务为陈两裕提供服务,但是他愿意接受更严厉的判决。“我正在要求法院行使酌处权,怜悯地让(准许)他入狱。”

因力挺范国瀚被罚款5000元

陈两裕于誌期2018年5月6日所发表的声明中,指总检察署因为不公对待社运份子范国瀚,而被控藐视法庭罪。

有关事件起因是有关范国瀚于当年4月27日,在脸书上帖文,指马来西亚法庭处理政治个案比新加坡司法更独立,导致被总检察署指控藐视法庭。而陈两裕当时就位范国瀚打抱不平,指总检察署的行为只证实了范国瀚的批评不虚,因此同样被控藐视司法罪

两人随后成为了首个于2017年10月生效的《2016年司法(保护)法令》下定罪的人士,各别被罚款5000元。

检控双方不满判决上诉

他们于周三返回法庭,因为总检察长对他们的判刑提出上诉,而两人也对他们被定罪和判处提出上诉。

代表总检察署出庭的副总检察长,莫哈末法伊扎尔(Mohamed Faizal Mohamed Abdul Kadir)针对陈两裕要求处于监禁而非罚款一事指出,法庭并非一个用于满足被告个人政治抱负的平台。

五名上诉庭法官包括有大法官梅达顺(Chief Justice Sundaresh Menon)、上诉法官潘文龙(Andrew Phang)、朱迪柏拉卡斯(Judith Prakash)、郑永光以及最高法院法官庄泓翔,昨日都保留了上诉的判决。

总检察署周三在法庭上指出,对范国瀚和陈两裕罚款过于轻判,甚至允许他们窃取自以为的精神胜利,还继续污蔑法院的合法性及道德权威。总检察署的法律小组针对此事,建议法庭应该要求两人对各自的藐视司法行为发出道歉文告。

总检察署冀强制两人道歉

此外,他们认为法庭可以发出强制禁令,要求两人停止发出相关的藐视司法言论和帖文。在其书面陈词中指出,虽然两人遭到法庭裁定藐视司法罪行成立,但是两人都拒绝为自己的行为负责,或不承认自己的行为违规,而这可以从范国瀚拒绝撤下或删除污蔑司法公正的脸书帖文看出来。

他们补充说,范国瀚似乎透过继续展示有关的帖文,来显示其赢得胜利的旗帜,透过很小的追索权继续藐视司法的能力。

他们指出,陈两裕也是在最后一秒才撤下有关的帖文。“重要的是,法庭必须向民众发出强烈信息,即不容忍这种藐视行为,并且希望违规者(被发现触犯了藐视司法罪名的人士)能够且必须纠正他们的行为。”

针对副检察长的发言,大法官梅达顺表示,“道歉已经是遗憾或悔改的表现。若违规者没有这种自觉,我认为强制(道歉)也没有任何意义”。

朱迪柏拉卡斯补充说,下令道歉只会显示了法庭的强制性权利,“你可以被强迫做一些你不相信的事情……但是那是一种威慑力吗?”。

控方继续辩解,指两人的道歉能够向广大民众发出信息,梅达顺则表示,“我仍在了解(被法庭下令)道歉的意义何在”。

辩方指罚款罪行太重

另一方面,范国瀚和陈两裕的代表律师也到庭上,不满法庭基于的罚款过高。

两人的代表律师Thuraisingam和Remy Choo在联合书面陈述中指出,范国瀚的脸书帖文并没有影响到新加坡法院的诚信,因为范国瀚只是将马来西亚和我国的司法独立性进行比较。

他们指出,范国瀚的声明可视为公正的批评,且是发自真诚之心。

他们对陈两裕也给予同样评论,并表示陈两裕只是针对总检察署发出批评,并非针对事发,因此不能因为藐视司法罪名而受罚。

Thuraisingam指出, “批评总检察署并非藐视法庭…虽然他的做法出炉,但是这并非藐视,所以(陈两裕的情况)并不严重” 。

他进一步辩称,陈两裕也没有发言表示自己的看法和范国瀚一致,相反的,对于总检察署将人们所认为的言论自由,带到了法庭上一事,令他感到极度失望。“这一直是他要传达的信息,也是民主党的信息。”

但是梅达顺却不认为陈两裕的事件没有范国瀚来得严重,并指出陈两裕在攻击总检察署之前,已经藐视了司法,似乎扩大了“攻击”范围。

对于总检察署要求发出道歉文告一事,两人的律师辩称,有关命令对于维护司法公信力是不必要的。“高庭法官在对范国瀚下判时,已经考量到他们所做的任何道歉都是没有诚意的。”

此外,他们认为作出道歉,也会再次唤醒媒体和民众对有关评论帖文的记忆,从新关注帖文内容。而且讽刺性的是,禁令也将引起人们对有关帖文的关注,还进一步认为在此事件上,司法是在浪费时间和资源。

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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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