On 22 May 2021, Assistant Professor of Law BENJAMIN JOSHUA ONG wrote in Today Online that it is Unconstitutional not to allow SG citizens & PR to enter SG.
He wrote:
Under Article 13(1) of the Constitution, Singapore citizens have an absolute right to enter Singapore, no matter where in the world they are travelling from.
It would be unconstitutional to deny Singapore citizens entry into Singapore for any reason.
Further, under section 9(1A) of the Immigration Act, it would be unlawful for the Government to bar a Singapore PR with a valid re-entry permit from entering Singapore (except on the narrow grounds of public security).
The answer from the above in an article posted in TRE is definitely yes, but on grounds of public security.
Singapore has finally barred Singaporeans from returning from high risk countries unless they have proof of a pre departure Covid19 test. This will be effective only on Sunday 30 May. For now until this early Sunday morning, Singaporeans and PRs can still come back with no conditions or requirement for such a test. The reason given, in case the situation is bad and the Singaporeans did not have time to get the Covid19 test and thus unable to return, is a valid explanation. The flaw is that after their return, they should be tested immediately and put under SHN. Were this done.
And now the change, two questions, why so late? Second question, is Singapore going to let Singaporeans stayed out of Singapore in a pandemic if they could not get tested, when the test is not available etc, etc?
I think the original position is right except the follow up was bad. Now this new requirement is bad as it overlooked the valid concerns of the first.
Yes, Singaporeans should be barred from returning if there is a public security risk. In the current case, if proper safety procedures are in place to isolate the returning Singaporeans from becoming a public security risk, why not put the procedure in place to bring home our Singaporeans?
Singaporeans
should not be allowed to return if they become a public security risk,
not to return to infect or put the rest of the Singaporeans at risk when
the risk cannot be managed or isolated. As a country we cannot simply
and conveniently abandon our citizens by simply laying out some rules
and that's it. Let me quote MOH in thenewpaper, 'it did not want to make
it difficult for them to return home, should they be caught unprepared
by rapidly deteriorating pandemic conditions abroad'. The change should
apply when taking a test is possible. In many places, including South
Asia, taking a test is not an issue, caveat, beware of fake
certificates, the new requirement should apply.
What do you think?
These returning Singaporeans a.k.a. (also known as) "new citizens" ?
ReplyDeleteSingapore: Possible Solution To The Constitutional And Legal Issues Regarding Barring Singaporeans And Permanent Residents From Returning
ReplyDeleteBackground
Most of the returning Singaporeans and PRs are either of India natiinals original or are Indian nationals. They know fully well that India is in a bad state in this COVID-19 Pandemic, yet they went back to India.
For what purposes?
The COVID-19 Pandemic did not happen just yesterday. It started in January 2020, more than one year an 5 months ago.
India's 2nd wave (in fact, 3rd wave) started at least 5 months ago and then got out of hand because of the mass religious ritualistic gatherings and the politically-motivated Elections and the calls for people to come out enmass to vote.
Ignorance Is No Excuse
All the Indian nationals and ex-Indian nationals living in Singapore, who have relatives living in India, must have known those facts already. So, why they did they take the risk of bringing back the highly infectious and deadly B1617 virus to spread Singapore by going to a highly contagious country? They can't claim ignorance because ignorance is no excuse.
High Security Risk
By deliberately going back to a highly contagious country is not only stupid (that means they cannot be classified as foreign talents) but also reckless, therefore dangerous.
If these people are stupid, reckless and dangerous, then the Singapore government can categorize them as "High Security Risk"
Conclusion
That means the Constitutional and Immigration Law forbidding the barring
of Singaporeans and Permanent Residents from returning to Singapore does not apply.
What do you think?
SSO - 31 May 2021.
Singapore planning for a new normal living with COVID-19 (read Indian variant B.1.167.2)
ReplyDeleteSingapore pledged it would not be left behind as developed economies reopen, marking an intention to shift away from the strict containment approach that’s helped some Asian places eliminate the virus, but which leaves them increasingly isolated.
The country wouldn’t be stuck in a Covid-19 malaise, and tourists will be welcomed, people can go for sports events, even ditch wearing a mask outdoors, Prime Minister Lee Hsien Loong told the nation in an address on Monday. As part of its strategy to reopen, school kids would be inoculated next month, and every adult who wants a shot would have one by early August.
Lee said that the city-state would eventually become more tolerant to infections and accept that the coronavirus is here to stay.
“In this new normal, we will have to learn to carry on with our lives even with the virus in our midst,” he said. “As long as our population is mostly vaccinated, we should be able to trace, isolate, and treat the cases that pop up, and prevent a severe and disastrous outbreak.”
Very afraid for my old fragile mom !,
Signals SURRENDER, given the many unlinked community cases uncovered daily . . .
ReplyDeleteThere were 23 new coronavirus cases confirmed as at noon on Monday (May 31), taking Singapore's total to 62,051.
Monday's figure comprised 16 community cases, said the Ministry of Health.
Of these, three are currently unlinked.
Sounds like Donald Trump.
ReplyDeleteIt is clear that the Leedership of Singapore is extremely desperate.
ReplyDeleteThey are unable to think of an effective answer to the COVID-19 problems and are extremely impatient.
Therefore, they are so desperate that they have now more or less thrown the solution to the wind and opted for callous and careless option, the last resort that any 12-year old also knows how to respond.
This is the final nail that nails the true incompetencey, ineffectiveness and inefficiency of the present group of multi-million dollars ministars.
The living environment in China is looking to be very much safer then the living environment in Singapore . . .
ReplyDeleteCovid19 is heaven's act for a reset, to cripple and destroy evil countries once and for all. Singapore can go with the flow of heaven or join the evil countries and get destroyed in the process. The former means a bit of pain but would survive the pandemic.
ReplyDeleteJoining the evil countries like the USA, UK, EU and India would have only one ending, end day.
Heaven hates evil men and women who think too highly of themselves, that they could defy the law of nature, killing and destroying others with impunity. This is heaven's wrath to take them out.