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Home News Singapore It's official - promoting a cause is illegal: Part II
It's official - promoting a cause is illegal: Part II Print Email
Saturday, 13 September 2008
Lawyer Chia Ti LikSingapore Democrats

We reported yesterday how Inspector Tan Sin Choon from the Tanglin Police Division told Ms Jaslyn Go during her interview that promoting a cause or a campaign was considered an illegal activity in Singapore.

We thought Mr Tan had gotten it wrong because the law cannot possibly state that. We thought wrong.

The investigating officer repeated the statement to Mr Chia Ti Lik when the lawyer went down for his interview following Ms Go's.

"Do you know that the Miscellaneous Offences Act prohibits the participation in an assembly or procession without a permit to promote a cause or a campaign?"

Momentarily stunned, Mr Chia groped for a response. "There's nothing in the Miscellaneous Offences Act which says that," the lawyer-cum-accused said when he recovered.

According to the Inspector, however, the clause is found in the Act posted on the AG's Chambers' website. The section for which the activists are being investigated is Section 5(4)b regarding Assemblies and Processions of the Miscellaneous Offences (Public Order and Nuisance) Act:

(4) Any person who —

(b) participates in any assembly or procession in any public road, public place or place of public resort where he knows or ought reasonably to have known that the assembly or procession is held in contravention of an order under subsection (2) or any prohibition or restriction under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Subsections (2) and (3) state that:

(2) The Minister may by order prohibit or restrict, subject to such conditions as may be specified in the order, the holding of any assembly or procession in any public road, public place or place of public resort specified in the order.

(3) A Deputy Commissioner of Police may, with the concurrence of the Minister, prohibit or restrict the holding of any assembly or procession in any specified public road, public place or place of public resort in any particular case where the Deputy Commissioner is satisfied that the holding of such assembly or procession may result in public disorder, damage to property or disruption to the life of the community.

If anyone can see anything in the above law even remotely mentioning anything about the prohibition of promoting any cause or campaign, please email us.

"After 9 years of practice, I have discovered something new," Mr Chia told his website, "In law school, we are taught that it was Parliament that made statute law and that no one else had the right, mandate or power to do so.

"Today I was confronted with the prospect that the Singapore Police Force or the Attorney-General's Chambers had the power to expand on a parliamentary statute."

Ironically the current Attorney-General, Mr Walter Woon, was Mr Chia's lecturer in Law School.

Shocking as it is, this is not the first time that the police have tried to use the law to prevent the campaign for democracy in Singapore.

In 2007, Mr Gandhi Ambalam was being investigated for "promoting the cause of freedom" and Dr Chee Soon Juan was told then that it was illegal to assemble to "promote the cause of democracy." (See here and here)

Maybe the authorities know something that lawyers don't. If so, the rule of law in Singapore is in more trouble than we thought.

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Comments (27)
  • ahsayman
    Let's not discount the possibility that Insp.Tan is actually trying to practice his coming second career as a stand up comic or a role in a future Jack Neo
    movie 'I Not Stupid, The Inspector Is.'
  • Muhammad Shamin - Don't attack the police
    [quote=Muhammad Shamin]I think Singapore is a safe country where we can roam around freely even at night without fear of something happening to us.

    I think this is just an isolated case and there should not be a big hoo haa about it.

    ...

    Salam Reformasi![/quote]

    Looks like SDP is as stubbon as an ass.

    Salam Reformasi!
  • Michael Chan - Misc Act is silent on assembly's reason to gather
    Here's my take......the Misc Act prohibits an assembly or procession in a public place without a permit. The permit comes from either the Minister (for Home Affairs) or the DCP or their reps. The Act states that the DCP will not issue a permit when he thinks it will cause a public disorder blah blah blah. If no permit is applied for, then the DCP (or his rep) will decide whether it will cause a public disorder.So far and with very few exceptions (eg May 1st TBT assembly at ToaPayoh), the Police had decided that public disorder will result if they don't put a stop to it by dispersing and/or arrests the assemblers. This they have done many times including the present case in question.
    Why is it they have not dispersed/arrested the myriads of assemblies in public places going on daily such as friends/families gathering in parks,fast-food joints etc etc? Simple....these are not "political" gatherings!
    So obviously the Police have been given specific ORDERS from MHA (read PAP Govt) to lookout for Opp parties esp SDP activists gathering in any public place and to take the appropriate pro-active action. Simply put, such assemblies spell trouble and therefore the likelihood of "public disorder".This must have now been ingrained in the mindset of every cop in S'pore (I'm sure pics of CSJ,CSC,GA, JT and RY and even lawyer CTL are available in the Ops Rm of every Police unit eg their NPP for cops not familiar with their faces).
    My point is that though the Misc Act is silent on the specific motive of the assemblers, the cops are not that bothered with the complexity of the Act. But this particular Insp felt he had to rationalise for himself and his accused why the latter was arrested and charged. To him, if an order from his superiors was given to disperse and arrest, then this political/activist assembly to promote a cause or a campaign (what else do they assemble for?) must be wrong and unlawful. Insp Tan could also have misinterpreted the contents of AG's blog on this matter.
  • ah beng - what is goin on
    This shows clearly that authorities do not know what actually the real rules and laws are. LKY is confused, so will be his subordinates. This country is desending into chaos.
  • maxChew
    The Misc Offences Act has been around for decades but has been revised and expanded many times by Parliament.From a skinny booklet in the 60s, the MO Act has fattened to a thick compilation.
    It's interesting to find out when Sec 5 with all the "new" subsections were introduced. It is obvious that these were directed at protesting activists, dissidents and rabble-rousers. Who mainly fit these groups? Pro-active Opp politicians (like SDP)!
    The generality of Sec5 of the Misc Offences Act give the police all emcompassing power. Got permit or not? If not (and none will be given even applied for, hehehe!),disperse or we will arrest and charge you in Court. Simplicity itself for the cops to comply with their SOP (std operating procedure).
    I agree with Mr Michael Chan. Let's hear more from him. Regds, brother-in-democracy!.
  • Disappointed Citizen - Reform Please - Don't Be Stubborn PAP
    Dear Readers,

    My dear Ruling parties, reform please on your stubborn policies and obstinates officials, it's time to change to retain your talents in the Country as more and more young talents are going abroad to search for a greener pesture if you still stuck with the old ways of ruling people's life...take the monies of the common people and invest wrongly abroad.

    It's time to listen to your people's views and their daily lifes needs, the bread and butter issues, the rising costs of living and increasing tax burdens on your people.

    Dont be stubborn, as we have witnessed that in your policies. Instead of creating good jobs and prospects for your citizens, you are taking away their jobs by the foreigners with beer bellies and seen in the night spots in the country. Worst, they are highly paid for talking (NATO), No Action talk Only.

    Your graduates today are well travelled, well read and informed and knowledgeable about the happenings in the globe; well wooed by the wold leading Companies.

    Instead, of retaining them and give a freedom of life in terms of speech, free to do, you are destroying their democratic freedom whom many of them are freeing given the opportunities.

    Change your stubborn policies and things work, we are not moving to Swiss standard if you still stuck this obstinate policies to control everything of one's life; if you still want high polls in the next election.


    Change, reform and give life to the people, and do it now.


    Disappointed Citizen
  • hk - The poodles must not be seen to be a political too
    For a long time, the kangaroo enclosures have been perceived to be a "kangaroo enclosure"! Biased and coward and working for the interest of the crooked politicians in power; justifying their paychecks. More and more people distrust them now for political matters. And that's bad.

    Now the poodles are loosing their respect from the population as the poodles are seen as subservient to the crooked politicians and in particular to the Cancer/Stroke Regime. Soon, enough nobody would have any respect for the poodles and that is bad for general law and order.

    Who is to be blamed for the neutering of these poodles? The Chief Poodle and that Short Arse Wong . Both must be made accountable even after they retire. If the Chief Poodle is brought back to justice; and lose his pension; and his prestige, the future Chief Poodle will act in the interest of the Constitution and not that coward joke Political Arse Party.
  • Anonymous
    lol... It's nothing new or surprising.. police cracks down on anything that is against the PAP. Been doing that and will continue to do so.
  • Tan Tai Wei
    An important reason why LKY has not dared to retire from government may be that over the years, he has orchestrated to give government so much power, in putting in place, for instance, laws that allow such wide interpretation, and, of course, the ISA, that he can't conceive of it being wielded by anyone else.

    Certainly not by an opposition party. And so, in his old age, he instituted the 'elected presidency', ensuring that only his party type can be elected, and giving that president power to cripple any elected opposition by not approving its appointments to state offices. This would precipitate a crisis, and, as LKY has hinted, 'the army would then have to move in'.

    Even his own appointed successors he, rightly, cannot totally trust with the power, and so he has to remain, first as SM, and now as MM.

    But sound political education would have taught him the futility of it all.

    He rightly knows that, even with his own appointees, it cannot be ensured that power would not be abused from within the party, and so he has had to remain as 'goal-keeper'.

    But he can't last forever. And while he lasts, he would still have to be protected from himself, for no one is infallible, and mistakes at wielding that power can be made, even with the best intentions, especially as senility sets in.

    If only he had over the years, instead of concentrating power, and so much of it, on himself, instituted democratic checks and balances of power-assertion, that function as safety nets providing us adequate protection against abuses, whoever come into power.

    Then he could now peacefully retire, and Singapore's safety would be better ensured, short and long term.
  • ah beng
    Relax lah, that old man is mortal, he will have to go. I throw party, who want to come?
  • AnnA - ah beng
    Ah Beng, its going to be soon already.... saw an article saying heart rhythm abnormal. A few days time... a few days time...

    Wah.. if organize party for family picnic also good... cannot charge for unlawful assembly leh.. gather like this then can talk and let other picnickers listen too about what to do 'now' that he's gone.. hehe (How I wish!)

    I wonder what happen to the wife ah? She certainly does not have her rights to be gone... her husband is going against God. Do they know or not that it is a torture for the soul in death bed waiting to die but cannot go?? Maybe her husband want her to wait to go together lah...
  • AnnA - Conscience
    Ok guys, my conscience is telling me that I may sound demeaning towards that person (u-know-who) but he is so cruel towards so many before that he shouldn't get any sympathies by anyone (except by his corporate members).

    I bet many citizens will clap hands or shout like the previous Malaysia Cups final goal!!

    :P
  • victor tan - Different Perspective
    I believe there is a different once you are promoting a cause via political means and another via ordinary citizen. Therefore, once you decide to promote your cause politically, try to avoid switching back to citizenary landscape.

    It will definitely mislead readers who had been following your web. Once you decide to fight for your cause as a politician, stick your gun as a politican, Be Brave Lady!!
  • EDMWer
    Time for a change.
    The whole of Asia is changing their leadership...their citizens had awaken.

    When is our turn??
    Time to stop monopolise politics.
  • Anonymous - re: ah beng
    [quote=AnnA]Ah Beng, its going to be soon already.... saw an article saying heart rhythm abnormal. A few days time... a few days time...

    Wah.. if organize party for family picnic also good... cannot charge for unlawful assembly leh.. gather like this then can talk and let other picnickers listen too about what to do 'now' that he's gone.. hehe (How I wish!)

    I wonder what happen to the wife ah? She certainly does not have her rights to be gone... her husband is going against God. Do they know or not that it is a torture for the soul in death bed waiting to die but cannot go?? Maybe her husband want her to wait to go together lah...[/quote]How ah? Outside picnic need permit or not? Then attend his public funeral need permit also ha? He apply for permit to go heaven already? Maybe he cannot get, application rejected.
  • DICK - It's all about scoring points
    Inspector Tan, like many other civil servant, grass root leaders and MP wannabe, have only one thing in mind, to score points and get their names into the good books which translate into promotions and other conveniences in the future.

    Anyone who dare to step out of this invisible line is like a slow suicide, look at Francis Seow and you know how the big stick works.

    Inspector Tan, Walter Woon, Berlinder Ang are all from the same bucket.

    That is why they are doing very well, for now.
  • Well Done Singapore
    ah beng

    You and me are also mortal. You mati I also throw party, who want to come. Your name is ah beng, that's why, you wish Singapore in chaos right. Just like the wishes of the FAMILYCHEES.
  • AnnA - To: Anonymous
    Rejected to get permit to go heaven..? Hehe..

    If there is a public funeral, u want to go? Aiyoh.. this type of person.. no need to give last respect lah. He will have none from me :P

    You agak-agak (give a guess) when will goal? Can't wait leh... if same same time around now will be better... but really, the sweetest feeling will be when he can see his downfall...
  • ah beng - re: party
    [quote=Well Done Singapore]ah beng

    You and me are also mortal. You mati I also throw party, who want to come. Your name is ah beng, that's why, you wish Singapore in chaos right. Just like the wishes of the FAMILYCHEES.[/quote]No lah, I wish S'pore has more party. If I mati, u r welcome to dance and sing at my funeral. PAP also welcome.
  • ah beng - re: To: AnnA
    Aiya, actually we all damn bad, always cursin garment. I think it's about time PAP work hand in hand wif other Parties. Peace, brothers and sisters.
  • AnnA - ah beng
    ok lah, ah beng... thanx for reminding. Paiseh leh...

    PAP too bold and proud, how they will want to work hand in hand with other political parties? To them it will be a nuisance.. They think they have superior brain already, where can allow others to help think for them? They won't allow people to interfere in their revenues.. All they want now is profit and profit.. no time to share.

    I resign lah.. (hehe) but I will still wait for the big goal lah hor? ;P
  • David
    The inspector makes a honest mistake. So let's move on as usual. By the way, this is Uniquely Singapore, and if the clause is not found in the Miscellaneous Offences Act, it can be added soon and backtrack it to a year ago so that opp party can be evicted successfully. Oh... anyone that tries to say it is illegal to do such as thing means defamation to LKY and his kangaroo courts, and will charge according to Kangaroo law. So please don't ask this question again unless you want to pay kangaroo fine.
  • David
    Of course, the kangaroo law is designed to be ambiguous so that head you lose, tail you also lose ! That is world-class Kangaroo law. Let's us give a clap to our world-class gov !
  • ah beng - re: GOAL!!
    Singapore Cup: Full time result:
    SDP 4 PAP 0
    Top Scorer: Chee S J.
  • Kangaroo Hater - A matter of wrong focus
    "If anyone can see anything in the above law even remotely mentioning anything about the prohibition of promoting any cause or campaign, please email us."

    This is not with regard to Subsections 2 or 3, but Subsection (4)b instead.

    I believe that the the Inspector has got it wrong. His reading comprehension skills, that is.

    Just from the syntactical standpoint, it is quite clear to me that the focus (i.e. the main prohibition) of Subsection 4(b) is the "assembly" or "procession" and NOT in the promotion of any cause (which is a secondary consideration to the fact of the assembly.)

    But further to that, it would seem that Section 5 is in contravention to Article 14 of the Constitution (peaceful assembly) even after qualification.


    Thus it would also be the lawfulness of Section 5 of the Miscellaneous Offences act that has to be called into question.
  • curious
    stop whining like political infants, sdp.

    there is never going to be a time when the political landscape is all bright and beautiful.

    its your choice that you want to participate in the manner you have chosen, so stop whining, get on with the show, and prove to us that you have competencies in areas besides making lots of online complaints and ceaseless satirical remarks.

    you chose this path, well-knowing how hard it will be. so dont expect an ounce of sympathy by telling us how pitiful you guys are or how maligned you have been by the "evil" you are trying to change.

    grow up, and stop the nuisance of this whole enterprise, if whining and being incredulous is all you've ever do, day in day out, month in, month out.

    it gets irritating after a while, you know.
  • Ah Seow
    Go and read Rule2, Rule 4 and Rule 5 of the MOA lah! Lawyer also dun know which law to refer to. Sad thing ah!
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