Judge John Ng fines walkers $500

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Tuesday, 20 April 2010

Singapore Democrats

District Judge John Ng imposed a $500 fine, or a 5-day imprisonment in default, for Ms Chee Siok Chin, Mr Chong Kai Xiong and Mr John Tan for taking part in the 1st WB-IMF anniversary walk in September 2007. Mr Gandhi Ambalam was fined $600 or 6 days jail in default.

The Judge had originally acquitted the activists for walking down Orchard Road because he could not see how such an activity fit the definition of a procession under the Miscellaneous Offences Act (MAO).

Choo Han Teck

The AG's Chambers appealed Judge Ng's decision. High Court Judge Choo Han Teck sided with the prosecution and overruled Mr John Ng's decision, ordering the DJ to sentence the activists.

This is despite his appointing an amicus curiae (friend of the court), Associate Professor of Law Ms Cheah Wui Leng, to assist him in arriving at the definition of procession under the MAO.

Ms Cheah had written in her submissions that This case raises a number of constitutional issues. The right to hold and participate in processions stems from the right to assemble 'peaceably and without arms' in Singapore's constitution.

Constitutional rights should be given a 'generous interpretation' (Ong Ah Chuan [1980-1981] SLR 48). This does not mean that constitutional rights are absolute in nature. However, it does mean that the court should adopt a protective approach towards rights. Restrictions of right should not be easily assumed.

Read Ms Cheah's submissions in full here.

The professor concluded that It is respectfully suggested that the MOA Rules refer to processions that are organised and cause-based nature, based on the findings of the lower court, the respondents' behaviour does not fall within this definition. No matter, the defendants are guilty, Judge Choo ruled.

The bigger question is: Can a society be considered democratic if even a small group of five persons walking peacefully down the road in an orderly manner without posing a threat to anyone is illegal? And what does an undemocratic system say about the Judiciary?

CJ Chan Sek Keong Read what Chief Justice Chan Sek Keong wrote in the paper published in the Singapore Academy of Law Journal:

...respect for and subjection to the law can only be sustained if a neutral institution exists to ensure that the law is respected and enforced. That institution, in all democracies, is the Judiciary. It is in this sense that the Judiciary is the “lynchpin of a democratic society and the rule of law”...The respect and support of the public is crucial for the independence of the Judiciary as an institution. In a democratic society, the respect and support of the public is, in fact, one of the best safeguards for the independence of the Judiciary as an institution. (emphasis original)

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Comments (3)

Tue 20 Apr 2010 4:31 PM | raj

"This case raises a number of constitutional issues.." is just one incisive assessment.A case that impinges on the right to peaceful assembly should not be decided in such a manner, between the DC and the HC.I feel that the SDP should take this to the highest court.HC Judge Choo"s judgement has severe implications for us and our desendents.This is the "neutral institution" the CJ is referring to?The judge strenously belaboured to arrive at his verdict.The ball is in the CJ"s court redress, or at least a ressess this case or else ,the "respect and support of the public.." wil be eroded even further.Perhaps that too like the pledge is an asipiration.

Tue 20 Apr 2010 5:41 PM | Dick

Let me try to sound educated,

Do not carry lip service on words that is politically and judiciary correct but not practice by the person who utter them so shamelessly, the rule of law, as our judicial system is to embrace and defend are being desecrated by career civil servant who choose to practice them on selective basis, to allow themselves and the institution to serve the political purpose of a few, may I remind you, that your words and action will be judged, not today nor tomorrow but by our future generations, when true freedom and democracy are begin practice and restored in our country.

Thu 22 Apr 2010 1:14 AM | Robox

If the five SDP members/associates convicted choose a prison sentence instead of paying up the extortion, then I will say that it makes you all prisoners of conscience.

Again, in some of the cases.

And I will think that you are immensely qualified to be voted into Parliament because you have something that is in severely short supply in Parliament, and that is a consience for the people and their issues.