I am a SECOND-CLASS citizen !!
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From 7 Nov 2002 Straits Times:
http://straitstimes.asia1.com.sg/topstories/story/0,4386,153351,00.html?
THE legal fraternity was abuzz yesterday with talk about the Chief Justice's use of an obscure legal provision to up a lawyer-basher's jail sentence from six to 10 years.
His action sent many lawyers scrambling for their copies of the Criminal Procedure Code to find the provision - which allows for a convicted man with a criminal record to be jailed for up to 10 years.
Mr Subhas Anandan, who also works at Harry Elias, said: 'I'm confused... everybody's confused. Does that mean that for any offence where the maximum is, say, two years, an offender with a criminal record can be sent to jail for 10 years?'
However, Senior Counsel R. Palakrishnan said he had no doubt the Chief Justice has the power to apply the law. 'The Chief did this because it's an [color=red]exceptional case - an officer of the court was assaulted. He felt that the man deserved more than the maximum.'
But the broader reaction among lawyers was one of shock. Some did not know the provision existed. Others were confused because Louis did not have serious criminal convictions in the past, although he was fined $180 for providing public entertainment without a licence in 1986 and was jailed two weeks for driving under disqualification in 1999.
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I am not an officer of the court !
So anyone with a previous criminal record who attacks me will get 7 instead of 10 years lah?! -
The clause is antiquated and IMO pushing the boundaries of reason, although it is written in the Penal Code, nothing illegal about that....
Still, as usual, the official explanation had all the sensitivity of a piece of rotting wood. Although the one which our dear Health Minister all but put a dollar value on the life of a sick baby in Parliament ($330,000 was it, Mr Minister?) still takes the cake.So I suppose this explanation by the Courts is not too surprsing, given the precedents.... -
I wonder what is the true reason for Singapore not being a signatory to the setting up of the International Court of Justice.
The International Court of Justice will supercede the sovereignty of any government, and all government that is a signatory will allow itself to be subject to scrutiny.
If our system is so superior as lauded so often, what can be the reason for Singapore NOT being a signatory ? -
Atobe,
depends on whether you want the official or unofficial reason.
The official one is that Singapore, as a sovereign nation with its own laws, a conservative Asian justice system based on Confucian values, must not submit to a kangaroo court set up by westerners with their own hidden agenda out to destroy Asian countries with their liberal Western values
Unofficial one? We don't want to come under the scrutiny for clauses like the one invoked in this case, where the sentence meted out can be 10 years even if the penal code says the max is 7...which kind of defeats the purpose of having the min/max sentence set up in the first place doesn't it?
That said, Western laws, by and large, suck to high heaven, if you thought the cases in Western courts you read about in ST are bizarre/ludicrous/stupid/hare-brained/a joke, you should really try spending time in a Western country(or at least Australia).
Makes that damn clause in our penal code seem almost acceptable. -
Viper52
Thanks for both your versions, but I do not buy the xenophobic idea of "Western Liberal Ideas trying to destroy ASIAN Values".
All of us Human Beings - of all races and all nationalities - deserves basic and simple HUMAN RIGHTS to fair justice being practiced, to fair economic opportunity, to basic freedom (with or without responsibilities), to fair treatment.
If we treat animals with a right to exist with dignity, why cannot Humans also be treated with equal rights.
Asians have seldom been known to treat animals with too much dignity, eating almost all living things that walk on this earth, with all kinds of exotic claims.
Yet we respond to this "WESTERN LIBERAL" dominated idea of Animal Rights.
The International Court of Justice need not be entirely dominated by Western Liberals aka Caucasians.
In the recent UN Security Council Meetings, events have shown the Asian Non-Permanent Members of the Security Council collectively putting up a united opposition towards the secretive and exclusive discussion by the 'Caucasian' Permanent Members on the issue of methods to deal with Iraq in the quest towards disarmament.
The International Court of Justice has been created with the objective of ensuring basic justice across all borders - especially to places where none exist due to dictatorial rule that leads to abuse of power, arbitrary rule, and lawlessness.
Even Communists Governments are becoming ingenious in working within the supposed framework of arbitrary self serving laws to prosecute opposing public opinions.
The Rule of Law has been used to terrorise those who dare to stand up and speak out against the system.
Where does such a person seek justice?
Is there no justice afforded to any individual who dare to speak out against any system that protects itself?
Governments who do not answer to their helpless populace, must be held accountable to the rule of law based on an Internationally Regoniseable Standard as demanded by the Human Race on this Earth. -
Atobe,
try telling that to the majority of Singaporeans, for whom the SPH (another GLC but another topic for another day) papers are their window to the world and their idea of an independent, un-biased point of view.
Marsupial,
I suppose that makes me a third rate citizen mate, I'm neither a court officer, nor does the government think I'm entitled to a vote just because I'm overseas during election time. And silly me, serving 2.5 years of NS and working my butt off for a degree so I can come home to try to contribute to the economy, only to be told I'm a third-class citizen. -
Viper52
Alas, it is of little consequence trying to tell the same to the larger section of the populace - either through the ST Forum Page or any other publications (all controlled in one form or another with GLC funding).
Refer to the discussions in "Escape from Paraise" for other details that is creating the present climate of political apathy in SGP.