Originally posted by maurizio13:The govt has always been using 'security' as a pretext to cling on to the out-dated laws regarding illegal assembly. These laws were enacted in the fifties to fight armed insurgency. As there is no more armed insurgency these laws should be repealed long ago.
Please feel free to respond to the queries below.
The act? Who pass the act through parliament? P4P lackeys?
What does not make illegal for the police to be selective in their regulation, does not necessarily make something morally right. Rules like what you brought out in the Penal Code, where the gathering of more than 5 people is an offence subject to the discretion of the police department. So what is right or wrong is directly linked to the P4P government, since they control all the civil services.
Ms. Chee has a previous record of illegal activities? A threat to the public peace?
Can you cite me what illegal activities were these? The basic right of peaceful protest? What public peace did Ms. Chee threatened? Was there a riot associated with Ms. Chee? Maybe you can cite me the place where the violent riot occurred?
Ms. Chee and Mr. John Tan taking a walk to Shangrila Hotel, where it was clearly a deserted area, devoid of much human activity cept for the police force. What threat to public peace was there? Were the police feeling compelled to join in the "supposed protest" or joining the two in Shangrila Hotel for a meal?
So your definition of [b]criminal record is peaceful public protest? Last I know, peaceful protest is not a felony charge in a democratic country.
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HI, U REFERRING TO BEGGAR ?Originally posted by foxtrout8:are u ok?
They only have the right to remove person(s) from the protected area, provided the person(s) breached subsection 4(2) as clearly stated in subsection 4(3).Originally posted by foxtrout8:it is a lawful detention (as in detaining is lawful) because the officers have the power to regulate the movement of people within the protected area (one notch above protected places) under the protected area act. failure to comply with the officer under that act is an offence.
Originally posted by foxtrout8:I am not a fan of the Dr. Chee, so I am not too aware of their history in your so called crimes. You claim that the Chee's has past records of unlawful demonstration. Which law did they break? Were they convicted for unlawful demonstration?
[b]CONSTITUTION OF THE REPUBLIC OF SINGAPORE
Freedom of speech, assembly and association
14. —(1) Subject to clauses (2) and (3) —
(a) every citizen of Singapore has the right to freedom of speech and expression;
(b) all citizens of Singapore have the right to assemble peaceably and without arms; and
(c) all citizens of Singapore have the right to form associations.
(2) Parliament may by law impose —
(a) on the rights conferred by clause (1) (a), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;
(b) on the right conferred by clause (1) (b), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and
(c) on the right conferred by clause (1) (c), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality.
Considering Chee's lately being outspoken against the military junta, considering her past records of unlawful demostration, the police whom has the authority over people's movement in that protected area has reasonable grounds to turn her away in pre-empting the breach of law and order.
Instead of questioning the action of the police, why not ask about how convenient of Chee claiming that she was for lunch but being in the area that host a regional meeting, in midst of her political actions against the junta.
Wasnt she inciting trouble for everybody including herself to make some stand? Wasnt she there for a covert motive?[/b]
Only subsection 4(2) of the Protected Areas and Protected Places Act (Chap 256) has been breached can subsection 4(3) come into play.Originally posted by foxtrout8:it is a lawful detention (as in detaining is lawful) because the officers have the power to regulate the movement of people within the protected area (one notch above protected places) under the protected area act. failure to comply with the officer under that act is an offence.
What directions did the police officer ask that Ms. Chee abide by?Originally posted by foxtrout8:they are detained in my opinion (with reference to facts above) for not abiding the direction of a police officer in a protected area under the protected area and places act. please note that it got nothing to do with unlawful assembly.
Originally posted by foxtrout8:
[b]first get it straight, my comments above are not to dispute the rational behind the law. I am not here to testify whether those law that was put into place by the government are democratic or not.
I am here to defend that by singapore's law the police is legal in their action against chee and her gang. To the extent of the Singapore penal code, the police did not cross the boundary into kidnap, unlawful discrimination, police bullying.
the police was there to enforce whatever that is in the law. who whom pen down the law, the motive, purpose of the law is out of the question for a professional police force. it is for the public to quesiton it, put up pentition against it to the politician...but stay away from insulting the police force.
does a professional army question his political leader the legitimacy of any war? i ask...[/b]
Sad to say our police force is a loyal supporter of P4P regime.Originally posted by pearlie27:The govt has always been using 'security' as a pretext to cling on to the out-dated laws regarding illegal assembly. These laws were enacted in the fifties to fight armed insurgency. As there is no more armed insurgency these laws should be repealed long ago.
Our police force should also maintain its professional neutrality and not allow itself to become a tool of the ruling party.
I am not aware whether he has a permit, but if Dr. Chee was the only speaker speaking. Why was Ms. Chee and company wrongfully restraint too, afterall Dr. Chee is the one speaking without a permit?Originally posted by foxtrout8:thank you for pointing out that it is a video on the honglim issue.
on viewing the video now, i like to ask, have they applied for a permit?
so it seems that one is on a permit issue, the other (this thread) is on the protected area and protect places act issue. i believe they are different.
Originally posted by maurizio13:The subsection 4(3) [removal from area] is supposed to be used only when the person has violated subsection 4(2).
But has Ms. Chee or Mr. John Tan violated subsection 4(2)?
Regulating his/her movement in which area?
Was there proper boundaries to demarcate the areas, so that her movement could be regulated?
Regulate: means to control her movement in the area
Even if police officer had erroneously requested that she not go into Shangrila Hotel; did she violate that request by stepping into Shangrila Hotel. From the video, it was shown that she was still outside the walls of Shangrila Hotel, she hasn't even stepped into the hotel. So.....what breach has she committed that resulted the use of subsection (3) that force her removal or abduction?
If subsection 4(2) was not breached, the use of subsection (3) was not justified.
What directions did the police officer ask that Ms. Chee abide by?SPF Media Releases
Not going to Shangrila Hotel?
Did her foot touch the entrance of Shangrila Hotel?
She was abducted in a public road, not even in the grounds of Shangrila Hotel.
Then she was not in breach of the request by the officer.
The wording on their T-shirts coupled with their presence in a public area in both videos very much shows that they are demostrating.Originally posted by maurizio13:I am not aware whether he has a permit, but if Dr. Chee was the only speaker speaking. Why was Ms. Chee and company wrongfully restraint too, afterall Dr. Chee is the one speaking without a permit?
http://www.youtube.com/watch?v=Jp-Ywg9vOG8&feature=related
But maybe you can shed some light this other video. Do you need a permit to stand outside Shenton Way? Was Shenton Way a Protected Area then?
http://www.youtube.com/watch?v=oOa3m4hsl3M&feature=related
So you're saying we cannot wear such t-shirts? Oh please.Originally posted by foxtrout8:The wording on their T-shirts coupled with their presence in a public area in both videos very much shows that they are demostrating.
Is outdoor demostration legal in Singapore?
on the first video, Ms chee wasnt speaking but her presence and motive there with the t-shirt on very much shows that she was part of the assembly.
my friend can you be more objective? are they just standing outside shenton way or are they demostrating outside shenton way as you can see in the second video?
Please do not make a mockery out of this. Im not trying to quote the protected area act for every situation when the chees got into trouble. Furthermore, we havent finish with the Shangri-la incident yet.
Originally posted by foxtrout8:Still the police cannot prove that Chee and partner were a security threat or had illegal intentions. They were not leading a gang of protesters. Most they can do is intercept the participants(Asean leaders) in transit to ask questions or say something. Which I think is virtually impossible due to even heavier security forces presence within the hotel.
SPF Media Releases
16 Nov 2007 Area around the key event venues gazetted as a protected area/ places under the Protected Areas and Protected Places Act
As part of the security measures for the ASEAN summit, Police have gazetted the premises of Shangri-la, Raffles City Convention Center (RCCC), and Asian Civilisation Museum (ACM), as well as [b]500 metres of the perimeter surrounding these places and the Istana, as Protected Areas under the Protected Areas and Protected Places Act. This is similar to arrangements made at the recent APEC Australia 2007, and at the WTO in Hong Kong 2005. Such a security zone would allow police to conduct checks on persons found within the zone, and order persons found therein to leave the security zone if they pose a security threat to the ASEAN Summit.
It was stated clearly that 500m around the hotel is a protected area. I believe the group of people were within that 500ms. If so, why its wrong to enforce the protected area and protected places act?[/b]
we know that they were protesting from looking at their T-shirts, from their assembly outside a public area right?Originally posted by LazerLordz:So you're saying we cannot wear such t-shirts? Oh please.
Back to this again....Originally posted by Jontst78:Sub section (2) only has provision for detainment for the purpose of searching and checks. Subsection (1) only has provisions for control of movement within the protect areas act, not barring of entry unless proven with to be security threat. Chee and company have no history of violent crimes or inciting riots. Only speaking in public without permit. (that in itself is a ludicrous law. I need a permit to talk?)
.
The police were goaded into using force. If they'll(the police) would have just let them in, send a couple of officers to shadow the pair, prolly nothing would have happened. Chee expected to be stopped, John Tan was ready to video in the event it happened. The police was suckered really, this time roundit was unfortunate that the stupid police took a very untactful approach to the chees, however there is nothing unlawful that the police had done in this incident.
500 meters around the hotel gazetted as a protected area ?Originally posted by foxtrout8:It was stated clearly that 500m around the hotel is a protected area. I believe the group of people were within that 500ms. If so, why its wrong to enforce the protected area and protected places act?
mismanagement of the police i agree. if they were more cool headed, im sure they can cite them the law by their sections.Originally posted by Jontst78:Then again, when chee challenged the officer to "cite me a law" the cop was dumbfounded. "this place is gazatted under the protect places act" is as vague as all other PAP justifications for their decisions. Like George Yeo saying "the arms we sold to burma were not used against the protesters."(and wehave to take his word for it?) I was rather disappointed with that really. Expected more of the police force that just got their pay raised.
Nothing about barring entry tho. Unless regulating of movement includes barring entry. Its does however have provisions for escorting them to coffeehouse or eating establishment, making sure they dun go near the delegates. Detainment for the purpose of searching, and no searching was done.Originally posted by foxtrout8:Protected areas.
4. —(1) If as respects any area it appears to the Minister to be necessary or expedient that special measures should be taken to control the movements and conduct of persons therein he may by order declare that area to be a protected area for the purposes of this Act.
(2) Any person who is in any protected area shall comply with such directions for regulating his movement and conduct as may be given by an authorised officer, and an authorised officer may search any person entering, or seeking to enter, or being in, a protected area, and may detain any such person for the purpose of searching him.
(3) If any person while in a protected area fails to comply with any direction given under subsection (2), then, without prejudice to any proceedings which may be taken against him, he may be removed from the area by an authorised officer.
So does the law says anything about proving (i believe u mean, evidence required right)?
it is sad to see that our intellectual discussion had been led into the arguement of where the exactly 500m mark lies.Originally posted by Atobe:500 meters around the hotel gazetted as a protected area ?
Did the Gazette make clear where does the 500 meter begin and the area clearly demarcated, or was it a simple administrative act without clear delineation ?
500 meters from the hotel building, or 500 meters from the perimeter wall of the grounds around the hotel ?
500 meters measured from the footprint or the hotel building walls - will mean that the defined Gazetted Area limits will be up to the property wall where the Orange Grove Road meet the main drive way entrance to and exit from; and will actually mean the entire perimeter of the Hotel Ground.
If 500 meters begins from the perimeter wall that include the main drive way entrance and exit that connect to Orange Grove Road - it will result in the Gazetted Area limits stretching 500 meters radiating around the Hotel Grounds that will encroach into neighboring properties.
It will mean that from the drive way entrances or exits - the gazetted areas will extend 500 meters to either side of Orange Grove Road {one direction towards Orchard Hotel, and the other direction towards RELC}.
If the place has been gazetted - as in all protected areas such as MINDEF, Military installations, and all protected areas - did the Police physically demarcate the gazetted area with clear signages in the form of Public Notices that resemble the specified dimensions of red signboards issuing clear warning of trespass ?