• About Us
    • Fact Checking Policy
    • Ownership & funding information
    • Volunteer
  • Subscribe
  • Letter submission
    • Submissions Policy
  • Contact Us
The Online Citizen Asia
  • Opinion
    • Editorial
    • Commentaries
    • Letters
    • Comments
  • Current Affairs
    • Singapore
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Arts & Culture
    • Consumer Watch
    • NGO
    • Lifestyle
    • Travel
  • Politics
    • Civil Society
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
No Result
View All Result
  • Opinion
    • Editorial
    • Commentaries
    • Letters
    • Comments
  • Current Affairs
    • Singapore
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Arts & Culture
    • Consumer Watch
    • NGO
    • Lifestyle
    • Travel
  • Politics
    • Civil Society
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
No Result
View All Result
The Online Citizen Asia
No Result
View All Result

Why ISA when attempting to commit an offence is also a crime under Singapore Law?

by The Online Citizen
29/01/2021
in Community, Current Affairs, Legal, Opinion, Uncategorized
Reading Time: 4 mins read
12

by Teo Soh Lung

It is reported in Today Online that in arresting and detaining the 16 year old unnamed youth under the Internal Security Act (ISA),  “the boy’s age was not taken into consideration… “

It is a shocking statement from Minister of Law and Home Affairs K Shanmugam. Why did he disregard age when using the ISA? Has he forgotten that Singapore voluntarily acceded to the Convention on the Rights of the Child and accepted the definition of “child” or “young person” as a person below 18 years of age? Under the Children and Young Persons Act, a person under the age of 18 must now be tried in a special court and his identity kept confidential.

By using the ISA, on the teenager the minister undermines the power of the special court and the judicial system.

The minister went on to lament: “I think we agree that he is capable of doing harm. And until he’s rehabilitated, if we leave him out, and if he carries out what he intends to do, I think we’ll all be very sorry”.

Is he saying that without using the draconian powers of the ISA, the boy cannot be rehabilitated, if indeed the allegations against him are true? How certain is he that the ISA can rehabilitate the boy? Is there a possibility that the boy may turn against the State feeling grievously wronged by the ISD’s unfounded allegations against him?

The minister should know that the regime under the ISA is exceedingly harsh and indefinite detention without trial is totally unsuitable for a young person or for that matter, any person. In the first month of detention, detainees are often subjected to ill treatment and put in solitary confinement. Can the minister guarantee that such treatment will not have an adverse effect on the young person? And if he is not put in solitary confinement, can the minister guarantee that having to share a cell with an adult is good for him?

Minister Shanmugam went on to say that “the criminal process is not suitable in this case as it can be argued that the teenager has not yet performed any criminal acts so far.”

He has obviously forgotten that attempting to commit an offence is also a crime under our laws?

If the police have evidence that the boy had taken substantial steps to attack Muslims in the two mosques, he can be “convicted” in a special court and professional child psychologists can rehabilitate him, something indefinite detention under the ISA cannot do.

Channel NewsAsia reported Minister Shanmugam as saying that the teenager will “get a hearing within the rubric of the Internal Security Act and would have a lawyer, and his position will be put across. His parents are fully involved.”

This is poor consolation for him and his parents. A hearing under the ISA regime is a far cry from being tried in a court of law. ISA detainees appear before the advisory board which usually comprise three officials, one of whom would be a High Court judge. The hearing is in camera i.e.  in the private chamber of the judge. The presence of a lawyer does not help the detainee who is faced with vague allegations. No evidence is produced against a detainee. In fact, no officer from the ISD appears before the board.

Finally, it is not uncommon for the board to ask irrelevant questions such as “if we recommend your release, will you be a good person and stay out of trouble?”

It is clear, though the minister does not tell us that a detention order has already been issued against the teenager. The length of the order is not disclosed. In any event a detention order can be renewed indefinitely even if it states that it is for one year.

The important difference between the ISA regime and the ordinary criminal law is that a sentence passed by a judge in a court of law is for a fixed term. A convicted person is released from custody without conditions after serving the term. Under the ISA, a prisoner can be detained for 20 or more years without trial. Even upon release, he can be subjected to stringent restrictions such as prohibition from leaving the country or joining organisations. Such conditions are very onerous and can also be renewed indefinitely.

It is not the first time that the government has used the ISA on young people.

In 2016, a 17 year old youth was detained. Last year, another 17 year old was detained and is probably still in detention today. He was apparently arrested under the ISA at the age of 15.

The Children and Young Persons Act was amended in July 2020 to reflect Singapore’s acceptance of the universal definition of “child” as below the age of 18. There is no excuse for the government to continue to arrest and detain young people below the age of 18 under the ISA.

 

 

For just US$7.50 a month, sign up as a subscriber on The Online Citizen Asia (and enjoy ads-free experience on our site) to support our mission to transform TOC into an alternative mainstream press.

Related Posts

A man can be sentenced to death by a testimony of another, but CPIB finds it hard to prosecute with mountain of evidence and self-confession?
Opinion

A man can be sentenced to death by a testimony of another, but CPIB finds it hard to prosecute with mountain of evidence and self-confession?

03/02/2023
AFP

Myanmar junta imposes tough new measures on resistance strongholds

03/02/2023
Malaysia High Court dismissed DPM Zahid’s application to get passport returned permanently
Malaysia

Malaysia High Court dismissed DPM Zahid’s application to get passport returned permanently

03/02/2023
Why is Gautam Adani’s Indian empire in turmoil?
AFP

Adani turmoil a key test for Modi’s India Inc

03/02/2023
Kajang cops chided for denying woman access to police HQ because she was wearing shorts
Community

Kajang cops chided for denying woman access to police HQ because she was wearing shorts

03/02/2023
Adani’s brother runs SG company and registers as director with local ID
Current Affairs

Adani’s brother runs SG company and registers as director with local ID

03/02/2023
Subscribe
Connect withD
Login
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
Notify of
Connect withD
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
12 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments

Latest posts

A man can be sentenced to death by a testimony of another, but CPIB finds it hard to prosecute with mountain of evidence and self-confession?

A man can be sentenced to death by a testimony of another, but CPIB finds it hard to prosecute with mountain of evidence and self-confession?

03/02/2023

Myanmar junta imposes tough new measures on resistance strongholds

03/02/2023
Malaysia High Court dismissed DPM Zahid’s application to get passport returned permanently

Malaysia High Court dismissed DPM Zahid’s application to get passport returned permanently

03/02/2023
Why is Gautam Adani’s Indian empire in turmoil?

Adani turmoil a key test for Modi’s India Inc

03/02/2023
Kajang cops chided for denying woman access to police HQ because she was wearing shorts

Kajang cops chided for denying woman access to police HQ because she was wearing shorts

03/02/2023
Adani’s brother runs SG company and registers as director with local ID

Adani’s brother runs SG company and registers as director with local ID

03/02/2023
Minister Tan See Leng only reveals 500 intra-corporate transferees from India for last year – a Covid year

Increasing number of working Permanent Residents in Singapore but with a stable PR population

03/02/2023

A multi-party parliament is the only way to make sure that Singapore continues to not condone or tolerate corruption

03/02/2023

Trending posts

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

by Yee Loon
30/01/2023
25

...

Earning only S$400 a month, delivery-rider turned hawker threw in the towel after two years of running a rojak stall

Earning only S$400 a month, delivery-rider turned hawker threw in the towel after two years of running a rojak stall

by Yee Loon
26/01/2023
24

...

They have done a fine job of confusing us about the jobs situation

They have done a fine job of confusing us about the jobs situation

by Augustine Low
01/02/2023
36

...

Two Indian nationals paid about S$330 and S$730 respectively for forged certificates submitted in their S-Pass application

MOM found issuing EPs meant for foreign PMETs to PRC waitress and general worker

by Correspondent
26/01/2023
41

...

Singapore warns slower economic growth in 2023

Less than 1 in 10 jobs created in first three quarters of 2022 went to Singaporeans?

by Leong Szehian
28/01/2023
69

...

Excessively charging for an essential need, and calling it affordable because people still can pay for it?

by Terry Xu
31/01/2023
39

...

January 2021
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031
« Dec   Feb »

The Online Citizen is a regional online publication based in Taiwan and formerly Singapore’s longest-running independent online media platform.

Navigation

  • Editorial
  • Commentaries
  • Opinion
  • Politics
  • Community

Support

  • Contact Us
  • Letter submission
  • Membership subscription

Follow Us

  • Facebook
  • Twitter
  • YouTube
  • Instagram
  • Fact Checking Policy
  • Privacy Policy

© 2022 - 2023 The Online Citizen Asia

No Result
View All Result
  • Opinion
    • Editorial
    • Commentaries
    • Comments
  • Current Affairs
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Civil Society
    • Arts & Culture
    • Consumer Watch
    • NGO
  • Politics
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
  • Lifestyle
    • Travel
  • Subscribers login

© 2022 - 2023 The Online Citizen Asia

wpDiscuz