11/27/2015

Can Singapore rely on Self Check to protect the rights of its citizens?

‘Detention of match fixing kingpin ‘unlawful’’ This is the headline in the media on 26 Nov. The release of Dan Tan after being detained for 24 months without trial under the Criminal Law(Temporary Provisions) Act(CL/TPA) has very serious implications to the enforcement of law and order in the city state and question the rationale of ‘Self Check’ as the best check on the system. The Court of Appeal headed by Chief Justice Sundaresh Menon, Appeal Judges Chao Hick tin and Andrew Phang Boon Leong ruled that Dan Tan’s detention under the CL/TPA was unlawful.  This means that the Law Minister that invoked this law was wrong and a citizen was detained unlawfully for two years.  The first thought coming to mind, can Dan Tan seek redress and compensation against the Minister or the govt?

Dan Tan’s detention was debated in Parliament, a kind of self check in the system to ensure that the law is enforced fairly and equitably and lawfully. And for it to go to Parliament, many legal minds and experts in MOH must have gone through the law with due diligence and found it right and lawful to detain Dan Tan. And Parliament, a few questions, allowed it to pass.

If this Dan Tan did not have the money and the able lawyers to defend him, he would still be locked up without trial, on the ground of threatening public safety, peace and order in Singapore. The CL/TPA was to protect the country against hard core criminals from harming the people and law and order. What did Dan Tan do to be feared like hard core criminals? He was a bookie, a big time international bookie fixing football matches. And that was seen by the people in authority as very dangerous and threatening public safety, peace and order in Singapore. And the Minister thought so, his ministry thought so and Parliament, the whole lot of MPs and ministers also thought so.

Now the Court of Appeal said NO!. It is unlawful. And some people are worried that this decision will compromise peace, good order of Singapore. This means that this loosely written law can be subjected to all kinds of interpretation depending on the person’s psychological make up, his values and beliefs and wha the person thinks is a danger to peace and good order, and a bookie or gambler is also that dangerous.  What is astounding is that so many brilliant, clever, super talented people, MPs elected by the people to sit in Parliament, in this case, were all wrong and read the law wrongly. Is it frightening? And more frightening, they are afraid that because they were ruled to be wrong, it will compromise good order and peace, or that their decision should be upheld for good order and peace.

What about self check? Is this about self check? Is the system, the courts doing a self check on the system? Some would say yes, some would say not really. Some would now be questioning, how credible and reliable were those people that were given the trust and authority to apply the law and did it so badly resulting in a man being detained without trial for 2 years.

And so many people, clever people, thought the law was right and they were right to use the law on Dan Tan. Thank God, there is self check in the courts of law and there is wisdom to apply and uphold the law lawfully.

On hindsight, many wise men have also wisen up to say how could Dan Tan fall into the category of dangerous criminals that would affect public safety, peace and good order of Singapore? Would the Law Minister and MOH make an appeal against this judgement from the Court of Appeal and to rule that what they did to Dan Tan was lawful?

Would anyone be held accountable for applying the law so wrong?

42 comments:

Anonymous said...

"And the Minister thought so, his ministry thought so and Parliament, the whole lot of MPs and ministers also thought so."
RB

But then, notwithstanding this incident, 70% thought the Minister concerned, the whole lot of MPs and ministers, are still better than having more opposition MPs or worse, opposition as govt.

So I don't really blame the Minister concerned, other ministers or MPs, even if they all really screw up. I blame the 70%, and most of all, the opposition for not giving enough confidence to the 70% for opposition to be voted into Parliament.

Anonymous said...

This Dan Tan is also no ordinary Sinkie lah. And how many Dan Tans are there only?

So even if Dan Tan is wrongfully detained, it is also a rare and isolated case. Maybe one in a few million?

A great majority (at least 70%, I think) of Sinkies are good people, so the case of being wrongfully detained does not arise in the first place. Even if there are some bad Sinkies, a great majority (maybe 99.9%) are fairly and lawfully treated under the law.

Anonymous said...

"Can Singapore rely on Self Check to protect the rights of its citizens?"
- redbean

Can Singaporeans vote Opposition (Self Check) to protect ourselves from bad PAP policies?

jjgg said...

The sound of apathy is loudest in Singapore. How often have the government misuse their powers..it's easy to cite at least 20 instances of misuse of ISA in the 50 years of our existence. How many are imprisoned in the wrongful application of Sn55. How often has IRAS been invoked to investigate n bankrupt.. Who will lead the charge to ensure government's accountability. Will the learned Justices ensure fairness in the discharge of their responsibilities...unlike the type of judgement that landed the learned judge a plumb retirement posting but renders the entire judicial bench as a bunch of performing monkeys. Saviour wanted....DESPERATELY!!! ....))))

Anonymous said...

Rb // What about self check?//

Lao Go already said no need alternative checks and balance.

Own self check own self can liao.

The most ( senile or ) sensible comment from a politician? Lao Go should repeat what he said overseas like in a high-powered audience in WDC ?

Anonymous said...

In economics, saving is deemed good for long term economics growth but then there is this PARADOX of THRIFT that logically can deduce thrift leads to a smaller national output, ironically.

In sinkieland, it could be the PARADOX of DRIFT.

"YEW know what ai mean?" => The listener or reader is "brain-dead."?

Anonymous said...

/// Now the Court of Appeal said NO!. It is unlawful. And some people are worried that this decision will compromise peace, good order of Singapore. ////

Do you think we should be more worried if the court always agree with the government?

Anonymous said...

Which is more dangerous to Singapore and Singaporeans?

A big time Singaporean bookie or a CEO with no aptitude for managing a train company?

Anonymous said...

Mugam holds 2 big portfolios since being elevated to public office.

In economics, capital formation leads to economics growth and progress.

The lack of capital ( accumulation and human resource expertise in technology ) in the legal fracternity relative to its disproportionate size probably results in decreasing returns to scale and huge x-inefficiency in the entire ministry plus implicating mugam's other portfolio, causing further inefficiency and long term head wind in the progress and development of the society as a whole.

When the head is not so big, dun wear an oversize hat that covers the entire body?

When the feet are not so big, dun wear oversize shoes that conceal the shin?

Anonymous said...

Redbean wrote
'uphold the Law lawfully'.

Was there any instances of the
Law upholding unlawful Law or
more likely UNJUST Law??

Though the Sin Justice System does
cause some discomforts, especially
in politics, Stinkies feel that Sin is the safest place in the World. So does the World.
Please do not kpkb.

Anonymous said...

The I T system in MinLaw sucks big time and is a BIG JOKE?

The staff running some of the agencies in MinLaw are some of the worst in sinkieland public service?

So atrocious YEW no longer know how to differentiate it from the rubbish trucked to Tuas Incineration plant?

A time bomb waiting to detonate?

Sometimes it is so bad YEW wonder is mai hum sleeping or supervising anything?

Anonymous said...

The ministry was passed from one I T idiot ( DhanaKumar ) to another ( 衫墓哽 )?

Good luck to the next guy/ zabor taking over.....?

What are the stronger words than "horrendous and atrocious "?

Anonymous said...

Own self check own self
- is this a PAP ideology?
VERSUS
An active citizenry running a system of checks and balances on the government

Jonathan Haidt, Professor of Ethical Leadership at New York University’s Stern School of Business addresses this topic in his lecture;

"Coddling University versus Strengthening University"

https://www.youtube.com/watch?v=Dj5QmZPzvlQ

Anonymous said...

@ AnonymousNovember 27, 2015 11:08 a.m.
//Own self check own self//

The Greatest mystery ( or fallacy ) ever uttered ( by a Extra Senile Man )?

Anonymous said...

ESM?

Sheik Yahraz said...

This is GREAT! This is what should happen in a a proper "free" cuntry: the judiciary and the executive LANGARR on law issues.

No, you dumb-ass motherfuckers, this will not "undermine" the order of Singapore. ("Order" as a "virtue" is a myth anyway.) This is how it is supposed to happen in a cuntry under the Rule Of Law. At the end of the day not even the ministers nor the prime mininster nor the president has the "final say"---whenever there is a dispute or conflict THE COURT HAS THE FINAL SAY.

>> Would anyone be held accountable for applying the law so wrong?
[...] This means that the Law Minister that invoked this law was wrong and a citizen was detained unlawfully for two years. <<


Of course the minister is accountable. But he (and staff) is not in the wrong in applying the law the way they did. They believed this guy was "public enemy Number whatever", and in their mind detention was appropriate. The Appellant court disagrees, so what? Over turn lah. That's life, suck it up.

No one would ever say the law is "perfect". It is not meant to be, it develops over time -- for better or worse. The fact is, every functional society needs some sort of legal code to deal with crime, conflicts and ultimate decision making. That's what the courts are for.

Don't like to brush with the law? Then be law-abiding and/ or apply The 11th Commandment: Thou shalt not get caught! If you fix matches, you're an asshole who plans to benefit from the money-losses of others who bet in good faith. Fuck you. I have no sympathy.

Anonymous said...

The weirdest political appointment?

Some meanystir are deemed so good they can helm two big ones?

Some meanysteries are so "bad" they need 2 "gooooooood " meanystirs to helm one meanystery?

Whose fault?

Look at sinkieland parachuting record?

Sinkieland DPRK "Kim Jong Um" lookalike bankrupting a national shipping line in the world's busiest port and shipping lane?

Another 3-star "clown" forcing a national flagship mass transit under siege and on the verge of being nationalised while the MSM spin all kinds of stories to support such a bailout?

Without any proof ( of experience or ability ), it is assumed someone being a high-ranking military personnel ( with stars one wonder given like maciam go beach rd military ware shopping ) can be simply parachuted anywhere ( anyhow ) without any price or consequences down the road?

There is a title for rb to consider which mirrors Adam Smith book published in 1776 .....

How about :

"An Inquiry into the Nature and Causes of a War Game Model ( built by sinkieland DPRK lookalike ) that Sank a National Flagship Shipping Carrier"?

Anyway, that sets one wondering how how saf trained generals war game models would fare in real wars ...... ?

Rb and his oldies kakis better not bet their coffin money on it?

Anonymous said...

Need a COI?

Anonymous said...

The dangers of letting a government check on itself or the Singlish 'ownself check ownself".

Meet the ‘snowball’ – the crazy debt deal uncovered by an ex-Goldman banker that almost sunk Portugal’s railway

http://www.businessinsider.sg/snowball-clause-behind-the-worlds-worst-debt-trade-2015-11/

Do we know what kinds of deals are being signed by our PAP government?
If it can happen to Portugal, can it happen here?

Anonymous said...

Is this another example of PAP government "ownself check ownself"?

Singapore government ranks itself 7th most liveable city in the world
===================================================================
" According to a Singapore government-controlled research institute, Asia Competitiveness Institute (ACI), Singapore ranks 7th in the world for being the most liveable city.

However, ACI is a research centre under a government-affiliated education institute named after the recently-deceased Singapore dictator, Lee Kuan Yew School of Public Policy (LKYSPP). Heading the ACI is former PAP Minister George Yeo and a list of directors of corporations with vested business interests with the Singapore PAP government.

In August, the Economist Intelligence Unit (EIU) published a survey putting Singapore 46th in its ranking of most liveable city. "

http://statestimesreview.com/2015/11/26/singapore-government-ranks-itself-7th-most-liveable-city-in-the-world/

Imam Yumama Sheik Heraz said...
This comment has been removed by the author.
Imam Yumama Sheik Heraz said...

@104:

>> Singapore government ranks itself 7th most liveable city in the world <<

Of course lah. You know the story: "Mirror mirror on the wall, who's the fairest of them all?"

Funny how the top 10 best places to live are taken up by 4 Aussie cities (yay Aussie oi oi oi!) Canadians, 2 European cities and of course the beautiful city of our sheep-fucking friends from Auckland, New Zealand.

However, to each his own. I like Singapore (#49). I also like Vancouver (#3), Melbourne (#1) and Sydney (#7)

BTW, Singapore is ranked 49 (not 46). That is the result of number seven (7) squared, 7^2 or 7 x 7 = 49

Add 20, get 69...a great activity for all animals, including humans.

Singapore: got eat pussy, suck dick?

Anonymous said...

"... the Singapore Armed Forces (SAF) is always standing guard round the clock and are "capable of handling external enemies or terrorists".
Senior Minister of State for Defence Ong Ye Kung

http://www.channelnewsasia.com/news/singapore/saf-capable-of-handling/2295828.html

Is this more ownself check ownself?

SAF is very capable.
We have SAF-linked people in SMRT, NOL and even our parliament.
No wonder everything works in Singapore.

Anonymous said...

Ya guard against external enemies like the British guns facing the sea.

What about enemies within, already inside?

Security agencies kooning.

Anonymous said...

SAF linked people everywhere in Singapore.
Is this just like a military junta?
I feel so safe.

Anonymous said...

Law has always being violated, abused and misused.
That's the Reason why there are law enforcer, magistrate and lawyer.
There could be penalty too heavy or too light due to the mood of the judge and also the feeling the judge has on the accused's demeanour or even affiliation in politic.

At the end of it all, the interpretation of Law does not always ensure or guarantee JUSTICE.




Anonymous said...

If YEW look further, YEW see "signs of danger" .......?

If SAF-linked people are capable, then Sinkieland and Sinkies are in "good hands" ......?

But if it turns out there are many duds, worst than those "imagined" by YEW know who, Sinkieland might be in inextricably dilemmatic situation......?

"Emperor Hum" might not be around forever to ensure "everybody toe the line" .......

What happen when "Emperor Hum" is gone and a much younger and non-SAF linked Sinkieland leader "CANNOT exert enough authority" to "rein in or handle" the "400-men gang"?

YEW "can't" guarantee 100% the next leader is saf-linked and good enough to step up to the plate and able to "control" any " deranged " former saf-linked duds that may not only bankrupt GLCs like NOL and SMRT but cause far irreparable damage and even bankrupt the entire Sinkieland?

If that happens, YEW can guarantee 100%, no, 101% many sinkies will likely uproot and Sinkieland will be further hollowed out beyond "salvation" ......

Based on "past empirical evidence" when even '1-star saf-linked" cannot control "3-star saf-linked" and had to " resign ", how is the next "lesser star or no star, no crab" leader going to "command and control " a " 400-men gang of star-studded and crab-filled CEOs, perm sec, etc etc" and "majority could be duds" worst than feared by "老头子"?

If own self check own self works, why need SGX to check on all the public listed companies?

If own self check own self works, why need MAS to check on all the banks and all others financial intermediaries?

If own self check own self works, why need Law Society to check on the lawyers?

If own self check own self works, why need CEA to check on all the real estate sales persons?

If own self check own self works, why need SMC to check on doctors?

If own self check own self works, why need public auditors?

Human nature is such that it is easier to run a system that does the checking on men and women than hoping there is (enough) good men and women own self check own self......?

Own self check own self is unlikely to be sustainable over long term bcos who can guarantee perpetually there will always be good men and women around to own self check own self?

Who can guarantee that?

Lao Goa?

Pls kee chiu?

The "NOL and SMRT fiasco and mess" that are going to be left behind by "ex-saf generals playing masak masak war game models" in the real world would likely to be costly over a long time to come are living "testimonies" what could come ......

Who can guarantee the next ex-general retired and parachuted into pole position in the corporate or political office is not a dud in the scale that "destroyed NOL" and "seriously dented and damaged the reputation of Sinkieland in the case of SMRT" and the "endless stoppages and uncertainties many many years to come?

Is the SAF-SCHOLAR system sustainable?

How are YEW going to retire all the generals going forward?

How many "NOL and SMRT " ( and billions and billions) Sinkieland has to let retired generals experiment ( and maciam masak masak, try try ) their war games models in the corporate and real world logistics, operations, key infrastructure etc?

Do the ex- generals know and realize the seriousness of their actions and the (untold) damages they have caused short term, mid term and long term?

SMRT is the key transport artery that runs through the heart of Sinkieland economy on land.

NOL is another key flagship albeit on sea built painstakingly by the pioneer generation including LKY, GKS etc.

How can they be so badly "destroyed or damaged" not even in a war yet by ex-generals?

Talking further is too depressive......

Let what will be will be ......

Anonymous said...

Other than affiliation to politic, there are Race, Religion and others that may cause misjudgement and hence the penalty meted.

Anonymous said...

// How many "NOL and SMRT " ( and billions and billions) Sinkieland has to let retired generals experiment ( and maciam masak masak, try try ) their war games models in the corporate and real world logistics, operations, key infrastructure etc?//

SMRT is on land.

NOL is by sea.

Still have SIA in air for retired generals to ..... do the same ...... ?

Anonymous said...

NOL in exclusive talk with CMA CGM ..... to be sold.

Can YEW hear the late GKS, TCC etc old guards stirring in their .....?

What if one day SIA land up same fate if another DPRK great-leader look alike "corporate world dud" succeed current CEO Goh Choon Phong?

Anonymous said...

Ha ha ha, no need another look alike lah ....

If NOL sold, Ching Ho may feel generous during this Xmas season and emulate santa claus Ho Ho Ho Ho Ho freely giving spirit mah?

Move sinkieland "Kim Jong Um" to SIA, can? After NOL sold?

Anonymous said...

Aiyo, why yall so mickey mouse thinking?

Think BIG lah .......

When NOL etc no more liao, still have many, many built up by PG old guards mah?

Still have Dee-Bee-Ass, See-Aye-Gee, Pee-Ass-Aye, See-Star-Hub, Sin-Hell, Ass-Tee Ant-Gee-Nearing, Cap-Pearl Corpse, Ass-Pee-Aged. .........

The last one is a MONOPOLY.

Confirm "anyhow managed", use ( rotten) war games models oso won't bankrupt one .....

Anonymous said...

Aiyo, why so mah fan?

Just go for "show hand" lah ......

Appoint both retiring retired ex-generals from NOL and SMRT to Gee-Eye-See and Tharma-Sick lor ..... can " one shot one kill " straight away " bankrupt both" then RB and kakis no need waste time kpkb everyday cos by then "sinkieland goes turtle up then whole sinkieland oso up for takeover lor" ......

Anonymous said...

One shot one kill, NOL first kill.

Anonymous said...

Hopefully, GEE-EYE-SEE and THARMA-SICK not next two in line .......

Anonymous said...

Aiyo, why like dat?

Anonymous said...

SAF teaching and training is leave no man behind.

Live, live together.

Die, die together.

Anonymous said...

Tiok.

NOL bleeding every month still must pay salary mah ...... tiok bor?

Like train break down like nobody business oso must pay CEO S $2.5 million salary + another many many months bonuses mah ..... Ho Ho Ho Ho ho ....... Ching Ho, oops, santa claus is coming to town ..... no, santa claus is in SIN City ..... ha ha ha ha ha ......

Anonymous said...

Ya hor, still need celebrate Xmas and cny, still need pay salary and bonus ......

But NOL building and APL Logistics already pawn-ed long ago liao to "experiment war game modelling in real world" ......? So how? Cannot sell ........ hmmmmmmm ....... back side right?

Bingo! Still got "Merlion" mah ....... at the Sin River? Can sell to raise money to pay salary and year-end bonuses?

Otherwise the rank and file staff how to buy school uniforms and sch textbooks for their children in the coming new school term?

After this year PSLE already, next year go secondary sch cannot use back primary sch uniforms and P6 textbooks, right?

Anonymous said...

Aiya, maybe can sell Alexander Rd or PSA building beside NOL office building?

How about next door Maple Business City?

NOL opposite oso have EMA and Labrador Park? Can monetise and unlock the value for further "gambling chips" for more "war games trial and errors"?

Anonymous said...

Aiyo, Jiak lat?

Why so many like that?

Founding papa demise only less than 1 year so many PG old guards tears, blood, sweat flagship must start liquidating and selling away liao ...... bery bad leh ......

Anonymous said...

Was CPF Building oso sold ?