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Jolovan Wham: “One set of rules exists for PAP MPs and another for ordinary citizens”

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by Jolovan Wham

The right to freedom of assembly is a fundamental and constitutional right of all Singaporeans. Louis Ng should never have been investigated for holding up a sign, taking a picture and posting his act on social media.

The Attorney General’s Chambers (AGC) has justified not charging him in court or even issuing a warning letter because “he was exercising his duty as a Member of Parliament, in expressing care and support for the welfare of the hawkers in his constituency during the COVID-19 pandemic ”

But the Public Order Act makes no such distinction. Any public assembly, even a one person assembly which is ’cause-related’ requires a permit. And it is very clear that Louis was promoting a cause: the welfare and livelihood of hawkers. Yet, me and several others involved in one person assemblies have been issued warning letters and charged.

Even Luke levy, the student who held up a sign at his graduation was given an ‘advisory’ by the Police. But no such consequence applied to Louis. What people can infer from this episode is that one set of rules exists for People’s Action Party Members of Parliament and another for ordinary citizens, even though everyone is theoretically speaking, equal before the law.

If the government and the civil service are supposed to be ‘politically neutral’, how is this acceptable? If some individuals and some cause-related events are more worthy of permits than others, then the AGC should say so: put their list of criteria in the Public Order Act. How are ordinary citizens supposed to exercise their constitutional rights to free expression and assembly when the criteria is vague and arbitrarily decided?

This was first posted by Wham on his Facebook page.


In June 2020, Louis Ng, MP for Nee Soon GRC, uploaded photographs of himself holding a placard in support of the hawkers at the Yishun Park Hawker Centre.

The placard stated “Support Them“, with a smiley face next to the wording.

He was seen posing next to hawkers at their respective stalls at the said hawker centre.

Source: Louis Ng Kok Kwang / Facebook

Mr Ng said in an earlier Facebook post last year that he was at the Yishun Park Hawker Centre in June 2020 during a walkabout to “make sure our hawkers were doing okay”.

“As we all know, they suffered badly during the circuit breaker,” he said.

Mr Ng added that he wanted to “urge our residents to support our hawkers“, which was why he “held a sign indicating this and took photos together with the hawkers”.

At the same time, Jolovan Wham, a social worker and activist in Singapore, held up a piece of cardboard with a smiley face drawn on it in Toa Payoh Central in March 2020 and uploaded the photo to his Facebook page.

Jolovan Wham holding a cardboard with a smiley face

Mr Wham had done so in support of two youth climate activists who were investigated by the police for holding up placards of their own on separate occasions.

He was informed by the police that he had flouted the Public Order Act despite having “left immediately after” holding the placard and having his photo taken with it.

Wham was later charged in Nov 2020 for the alleged offence.

Following the investigation launched upon Mr Ng by the Police in 3 March last year, the charge against Mr Wham for him holding the smiley face was dropped against him in January this year.

Just this Wednesday, AGC told local media that Ng will not charged for his actions.

“Investigations have revealed that Mr Ng was exercising his duty as a Member of Parliament, in expressing care and support for the welfare of the hawkers in his constituency during the Covid-19 pandemic,” said the spokesman to Straits Times.

The spokesman added that the nature of the act and the intent of the person performing the act are key considerations in deciding whether an offence has been committed or whether there is any public interest in prosecuting the offence.

As for Luke Levy whom Mr Wham mentioned in his post, he had held up an anti-death penalty sign during his graduation ceremony in July this year.

Two months later, the Singapore police issued an advisory to the National University of Singapore (NUS) graduate.

“In response to media queries, the police, in consultation with the Attorney-General’s Chambers, have issued a written advisory to a 24-year-old man for holding an anti-death penalty sign at the NUS commencement ceremony on Jul 6 at the NUS Cultural Centre Auditorium,” said the police.

The Public Order Act is drafted widely and could bind anyone — even a lone individual such as Mr Wham — for trying to do any of the following without a valid police permit:

  • Demonstrate support for or opposition to the views or actions of any persons/groups/government;
  • Publicise a cause or campaign; or
  • Initiate or commemorate any event.

Even those who do not plan to hold any placards at a particular place are required to apply for a police permit.

A person found guilty of partaking in a public assembly without a permit may face a fine of up to S$5,000.

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Opinion

Iswaran unlikely to serve full 12-month sentence under conditional remission and possibly home detention

Former Transport Minister S Iswaran is unlikely to serve the full 12 months of his sentence. Under Singapore’s Conditional Remission System, he could leave prison after serving less than eight months, with the remainder of his sentence served under strict supervision, including home detention. While Iswaran is scheduled to surrender on 7 October 2024, there is a possibility of an appeal.

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Former Transport Minister Iswaran was sentenced to 12 months in prison on 3 October 2024 for accepting valuable gifts while in public office and obstructing the course of justice.

The court granted Iswaran’s request to surrender himself at 4 p.m. on 7 October 2024 to begin his sentence. However, his lead lawyer, Davinder Singh, indicated that the start of the sentence could be delayed depending on “instructions,” hinting at the possibility of an appeal.

However, despite the 12-month sentence, it is highly likely that Iswaran will serve less time in prison due to Singapore’s Conditional Remission System (CRS) and potentially the Home Detention Scheme (HDS).

Under the CRS, prisoners in Singapore may be released early if they demonstrate good behaviour.

Typically, under the CRS, inmates are eligible for release after serving two-thirds of their sentence. In Iswaran’s case, this means he could be released after serving eight months in prison, with the remaining four months of his sentence subject to a Conditional Remission Order (CRO).

The CRO, a legal mechanism that enforces strict conditions post-release, requires compliance with several terms, such as reporting to authorities and avoiding any criminal activity. If Iswaran violates these conditions, he could face penalties, including being sent back to prison to serve the remainder of his sentence.

Alongside CRS, there is also the possibility that Iswaran could serve part of his sentence under the Home Detention Scheme (HDS), which allows prisoners to serve their final months under strict supervision at home.

Take the case of former Singapore Civil Defence Force (SCDF) Chief Peter Lim Sin Pang, for example.

Lim was sentenced to six months in prison in 2013 for corruption.

After serving three months in Changi Prison, he was supposedly placed on home detention for one month — if we consider how CRO grants him two months of remission — allowing him to complete his sentence under supervision.

Home detention meant that Lim would spend his remaining sentence at home under electronic monitoring, fitted with an electronic monitoring device, typically worn as an ankle bracelet, which allows authorities to track his location at all times.

Like other inmates under the HDS, his movements were tightly controlled, and he was allowed out only for specific activities, such as attending work, medical appointments, or rehabilitation programmes, during limited hours.

Any deviation from the permitted activities or failure to return home on time could lead to immediate consequences, including being returned to prison to complete the sentence.

Eligibility for home detention depends on various factors, such as the inmate’s behaviour during incarceration and the level of risk they pose to society.

This scheme aims to reintegrate prisoners into society while maintaining strict oversight.

If HDS is applicable, Iswaran might spend even less time behind bars, as he could transition to home detention before completing the full period under the CRS.

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Opinion

Why the silence by Minister Shanmugam on his S$88 million property sale?

Despite being quick to rebut allegations, Minister K Shanmugam has remained silent on the S$88 million sale of his Good Class Bungalow (GCB) in August 2023. The lack of public commentary, especially given the potential conflict of interest with the Singapore Land Authority’s role, raises questions.

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When it comes to addressing allegations, Minister for Home Affairs and Law, K Shanmugam, has shown he can respond swiftly and decisively, as seen in his and Dr Vivian Balakrishnan’s rapid legal actions against Mr Lee Hsien Yang (LHY) for defamation, as well as their recent rebuttal to LHY’s statement regarding the defamation costs paid to the two ministers.

However, the stark contrast in how Mr. Shanmugam has handled recent revelations about his own financial dealings, and his silence regarding the S$88 million sale of a Good Class Bungalow (GCB), is puzzling and raises concerns about transparency and potential conflicts of interest.

TOC had earlier disclosed that Mr Shanmugam sold his GCB at 6 Astrid Hill for a staggering S$88 million in August 2023.

The sale was to UBS Trustees (Singapore) Ltd, a transaction managed by legal professionals from his former law firm and concluded without any encumbrances like a mortgage. This deal turned a home bought for S$7.95 million into an S$88 million sale—garnering a massive profit.

This sale was made just a month after he made his ministerial statement explaining the circumstances of his leasing of the massive black-and-white bungalow estate at 26 Ridout Road from the Singapore Land Authority (SLA), a statutory board that he oversees as the Minister for Law.

This transaction, particularly the identity of the buyer and the approval process for such a high-value sale, is of public interest because GCBs are subject to stringent sale conditions.

They are generally only sold to Singaporeans or approved Permanent Residents who have made significant economic contributions to Singapore. The approval for such transactions typically comes from the SLA.

This raises an inherent question: Why has Mr Shanmugam not addressed the public regarding this substantial financial transaction, especially when such approvals could potentially involve his direct oversight? We have written to him for his comments but were met with silence.

We do not know who the actual beneficiaries of the property are, as it was sold to ‘The Jasmine Villa Settlement,’ a trust managed by UBS Trustees. The beneficiaries could be Singaporeans, foreigners, or a mix of both.

His silence is notable because it contrasts sharply with his and other ministers’ rapid responses to allegations made by LHY.

The potential conflict of interest in the sale of the minister’s GCB is similar to earlier concerns about his rental of a black-and-white property at 26 Ridout Road, which also involved the SLA from which he has said to have recused himself from decisions made. Notably, the government has also cleared him of any wrongdoing.

The lack of public commentary from Mr Shanmugam about the sale of his GCB, despite the potential need for SLA’s approval, and the silence from the mainstream media on this revelation, merit scrutiny.

The public deserves to know:

  • Who was the buyer and, if the buyer is a non-Singaporean, who approved the sale to UBS Trustees and under what criteria? Especially since GCBs can only be sold to Singaporeans or Permanent Residents who have not only been resident in Singapore for over five years but have also made exceptional economic contributions—a criterion subject to the subjective approval of the authorities.
  • Was there any conflict of interest given the minister’s role over the SLA? This is particularly pertinent given that the SLA, which falls under the purview of the Ministry of Law, would typically be involved in approving such transactions if the buyer does not meet the usual criteria. Moreover, given the huge sum involved in the transaction, extra scrutiny is warranted, especially as Mr. Shanmugam is a public servant holding significant power.
  • Why has there been no public statement from Minister Shanmugam on this matter, especially given the rapid response to defamation accusations? His silence contrasts sharply with his prompt responses to other public issues, raising questions about consistency and transparency in handling personal financial dealings versus public allegations.

Minister Shanmugam’s transparency in this matter would reaffirm public trust and ensure that his actions as a minister do not conflict with his personal financial dealings.

His response, or lack thereof, will significantly influence public perception of his commitment to transparency and accountability in his official capacities.

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