Criminal Law In Singapore And Malaysia Text And Materials Pdf
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- The Asian Region and the International Criminal Court
- Criminal Law in Malaysia and Singapore, Third Edition [eBook]
- Criminal Law (Temporary Provisions) Act (Singapore)
- The Asian Region and the International Criminal Court
The Asian Region and the International Criminal Court
The Criminal Law Temporary Provisions Act often known by the abbreviation " CLTPA " is a Singapore statute that, among other things, allows the executive branch of the Government of Singapore to order that suspected criminals be detained without trial. It was introduced in during the colonial era and intended to be a temporary measure, but has since been renewed continuously; the Government has declined to make it permanent, claiming it "believe[s] that the Act should be explicitly extended by Parliament every five years".
According to the Government, the Act is only used as a last resort when a serious crime has been committed and a court prosecution is not possible because witnesses are unwilling or afraid to testify in court. The Act is used largely in cases relating to secret societies , drug trafficking and loansharking ; in , out of a total of detainees, 91 were detained for secret society activities, 12 for unlicensed moneylending and 5 for drug trafficking. Part V of the Act provides that whenever the Minister for Home Affairs is satisfied that a person, whether at large or in custody, "has been associated with activities of a criminal nature",  the Minister may order that the person be detained for any period not exceeding 12 months if he is satisfied that such detention is necessary "in the interests of public safety, peace and good order";  or order that the person be subject to police supervision for any period not exceeding three years.
Such "activities of a criminal nature" include secret society involvement , gang activities, drug trafficking , unlicensed moneylending, human trafficking , robbery with firearms, murder, gang rape, kidnapping, and any organised crime activity as defined in section 48 1 of the Organised Crime Act. Within 28 days of a detention order being made, the Minister must refer the order and a statement of the grounds upon which the order was made to an advisory committee; such advisory committees are, since March , chaired by sitting Judges of the Supreme Court.
The President may, from time to time, extend the validity of any detention order for periods not exceeding 12 months at any one time, and may at any time refer any such orders for further consideration by an advisory committee.
Between and , the average number of detention orders issued each year was 43, and as of 31 October there were people detained under the CLTPA; this had fallen to in Part II of the Act contains criminal offences designed to prevent supplies from falling into the hands of persons who intend or are about to act or have recently acted in a manner prejudicial to public safety or the maintenance of public order in Singapore, and the creation or possession of subversive documents.
Part III prohibits strikes and lock-outs in the electricity, gas and water service industries. It also renders illegal such actions taken in respect of other essential services unless 14 days' notice has been given, or during the course of proceedings taken to resolve trade disputes.
Part IV contains various general provisions, including provisions empowering the police to disperse assemblies; carry out searches; and take photographs, finger impressions and body samples from persons arrested, detained or subject to police supervision. Notable portions of the Ordinance included Part III which aimed to control the movement of persons and vessels in the Straits of Johor , and was intended to assist the Federation of Malaya in denying supplies to Communist terrorists in the jungles of Johor.
In August , the Ordinance was amended to provide for the preventive detention without trial of persons associated with criminal activities for up to six months. He noted that while in there had been 30 secret society gang fights, by the number had risen to , and in the first six months of there had already been fights — double the rate for the previous year. Such fights were difficult for the police to detect and to prosecute, as eyewitnesses were too frightened of reprisals to furnish information leading to the arrests of gang members.
It is in these circumstances that the Government has decided that more drastic steps must be taken to protect the public from the activities of these gangs, and that since, for the reasons I have given, it is not possible to achieve that protection through the normal judicial processes of the Courts, these safeguards, which are adequate in ordinary times, must, in the present abnormal crime-wave, be supplemented by executive action.
It is not only the duty of the Government to do this in discharge of its primary responsibility for the maintenance of peace and good order, but I believe that there is a wide public demand that such action should be taken and that it will meet with wholehearted support from all law-abiding members of the community. The Chief Secretary emphasized that the powers to detain without trial were not intended to be used indiscriminately.
Rather, they were designed to deal with ringleaders of gangs and those primarily responsible for their activities, to break the organizations of gangs and prevent their leaders from coercing less vicious members of their gangs as well as the general public. Let us face the facts: either we bring these gangsters to trial, or we do nothing, or we lock them up without trial.
Well, we prefer to bring them to trial if we could. As I know, and I think every practising lawyer in town knows, the point is now reached when police officers frankly admit that gangsters are not scared of the police any more. Now quite frankly either you surrender and say, well, the judicial process is inadequate and therefore we have been beaten by gangsters, or we say, well what do we do about it?
I say, well, if there is no other way, then we had better deal with them firmly. After Singapore became a self-governing state within the British Empire, in September the Ordinance was amended again to extend the period of detention from six to 12 months, to give the Minister for Home Affairs the power to place persons associated with criminal activities under police supervision as an alternative to detention, and to impose special restrictions on persons under police supervision and special penalties on them for breaking the restrictions or being convicted of specified offences.
The Ordinance, which was due to expire in October of that year, was also extended for a five-year period. The statute has been renewed 14 times since , most recently on 6 February ,    and is presently in force till 20 October In , Lee Kuan Yew, who by then had served as Prime Minister for over 40 years between and and was Senior Minister of Singapore at the time, reiterated his support for the law:.
It must be realised that if you abolish the powers of arrest and detention and insist on trial in open court in accordance with the strict laws of evidence of a criminal trial, then law and order becomes without the slightest exaggeration utterly impossible, because whilst you may still nominally have law and order, the wherewithal to enforce it would have disappeared. The choice in many of these cases is either to go through the motions of a trial and let a guilty man off to continue his damage to society or to keep him confined without trial.
The CLTPA was termed " draconian legislation" in a article by the Asian Centre for Human Rights ,  and in its manifesto the Workers' Party of Singapore called for the Act to be re-examined to determine whether it is still necessary in today's context;  the party also voted against its renewal in The long title of the Act states that it is "[a]n Act to make temporary provisions for the maintenance of public order, the control of supplies by sea to Singapore, and the prevention of strikes and lock-outs in essential services".
The first part, entitled "Preliminary", specifies the short title of the Act and contains a definition section. The other parts of the Act deal with the matters described below. Under section 3 1 , it is an offence to demand, collect or receive any supplies from any other person in circumstances which raise a reasonable presumption that:. The term supplies is defined in section 2 as including money, food, drink, clothing, rubber, tin or other valuable commodity, any medicine or drug or other medical supplies, and any material or instrument or part thereof for printing, typewriting or duplicating words or objects in visible form.
The penalty for the offence is imprisonment for a term not exceeding 10 years. Section 3 2 provides that any person who is found in possession of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that the supplies are intended for the use of any person who that first-mentioned person knows or has reason to believe intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding seven years.
It is an offence under section 3 3 for any person to provide, directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that the first-mentioned person knows or has reason to believe that other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public safety in Singapore or the maintenance of public order therein, or that the supplies so provided are intended for the use of any person who intends, or is about, so to act, or has recently so acted.
On conviction, a person is liable to imprisonment for a term not exceeding seven years. However, a person will not be convicted of an offence under section 3 3 if he proves that prior to being charged with or accused of that offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer. It is a criminal offence carrying a maximum penalty of ten years' imprisonment to make, cause to be made, carry or have in one's possession or under one's control any subversive document without lawful excuse.
Section 5 of the Act defines a strike as "the cessation of work by a body of persons employed in any essential service acting in combination, or a concerted refusal or a refusal under a common understanding of a number of persons who are or who have been so employed to continue to work or to accept employment", and a lock-out as "the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a trade dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment".
Essential services are any services, businesses, trades, undertakings, manufactures or callings included in Part I of the First Schedule to the Act, namely: . Workmen employed in electricity, gas and water services may not go on strike at all,  and employers are not permitted to lock out workmen engaged in those services.
A strike or lock-out is deemed to be illegal if it is commenced, declared or continued in contravention of the above provisions or any provision of any other written law,  although a lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out is not illegal.
No person refusing to take part or to continue to take part in any illegal strike or lock-out is subject to expulsion from any trade union or society, or to any fine or penalty, or to the deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled.
He is also not liable to be placed in any respect, directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, even if the rules of the trade union or society to which he belongs state otherwise.
On 26 November , drivers from China employed by SMRT Buses refused to report to work, citing dissatisfaction with being paid less than their Malaysian and Singaporean counterparts and unhappiness with their living conditions.
The following day, about 60 drivers again refused to work. The drivers returned to work on 28 November. On 3 December, one of the drivers pleaded guilty and was sentenced to six weeks' imprisonment.
Senior District Judge See Kee Oon imposed deterrent sentences on them "to ensure that others are not emboldened towards attempting similar displays of disaffection over employment terms or conditions". He held that one aggravating factor was that the four drivers had planned the strike "ostensibly with the purpose of putting pressure on SMRT to accommodate their demands, but with the clear consciousness that it would cause disruption and inconvenience in the provision of transport services.
This had the potential to severely affect the daily lives of all commuters who rely on public transport. Twenty-nine other "active participants" in the strike were repatriated to China in December It is convenient to first describe Part V of the CLTPA, which deals with detention of persons without trial and the supervision of persons by the police.
Part IV contains various general provisions, and is discussed below. Whenever the Minister for Home Affairs is satisfied that a person, whether at large or in custody, has been associated with activities of a criminal nature, the Minister may, with the consent of the Public Prosecutor:.
In the case of Kamal Jit Singh v. Minister for Home Affairs ,  the Court of Appeal of Singapore stated that validity of detention is not dependent on the subjective satisfaction of the authorities.
On the other hand, it was held by the High Court in Re Wong Sin Yee that the judicial process is unsuitable for reaching decisions on questions of public safety, peace and good order. A person may be detained for criminal activities occurring either within or outside Singapore. Within 28 days of a detention order being made, the Minister must refer the order and a statement of the grounds upon which the order was made to an advisory committee. On the recommendation of an advisory committee, the Minister may direct that a detainee be released from day to day to engage in employment, including self-employment.
As detention under the CLTPA does not put a detainee in jeopardy of possible trial and punishment for an alleged offence, the detention is, in this narrow sense, not a criminal cause or matter. Therefore, if a detainee wishes to challenge the legality of his detention, he must apply for an order for review of detention formerly known as a writ of habeas corpus  under the civil procedure of the Supreme Court. In , there were people detained and people subject to police supervision under the Act.
The Act was only used "as a last resort when a serious crime has been committed and a court prosecution is not possible because witnesses are not willing or afraid to testify in court. Most cases dealt with under the Act are related to secret societies , drug trafficking or loansharking. Between and , the average number of detention orders issued each year was As of 31 October , there were people detained under the CLTPA, two-thirds for gang-related activity, a quarter for unlicensed moneylending, and the remainder for drug trafficking and other syndicated crimes.
Any police officer may, without warrant , arrest and detain pending enquiries any person in respect of whom he has reason to believe there are grounds which would justify the person's detention. Therefore, a subjective test is to be applied — if the police officer honestly supposes he has reason to believe the required element, the court cannot go behind the officer's statement. No person may be detained for enquiries for more than 24 hours unless such detention is authorized by a police officer of or above the rank of assistant superintendent , or for 48 hours in all.
When a detention order has been made against a person, any police officer may, without warrant, arrest that person and is required to forthwith report the arrest to the Commissioner of Police. Notwithstanding anything to the contrary in any written law, it is lawful for any police officer of or above the rank of assistant superintendent, or a police officer of any rank specially authorized by a police officer of or above the rank of assistant superintendent, to effect the arrest of any person in pursuance of the provisions of Part V of the Act, to enter and search any place.
To effect an entrance into that place, a police officer may break open any outer or inner door or window of that place if he cannot otherwise obtain admittance. The powers conferred upon a police officer to arrest and detain persons pending enquiries, to arrest persons against whom detention orders have been made, and to enter and search premises may be exercised by an officer of the Central Narcotics Bureau. After a detention order has been made or after its expiry, the Minister may direct that the person be subject to police supervision for a period not exceeding three years.
The making of a police supervision order cancels any detention order in force. A person subject to supervision who contravenes or fails to comply with any order or restriction imposed on him is guilty of an offence and is liable on conviction to imprisonment for not less than one year and not more than three years. The penalty is imprisonment for not less than one year and not more than three years. A person subject to supervision who is convicted of an offence committed after the date of the supervision order under the provisions of any law specified in the Third Schedule to the Act is liable to be imprisoned for twice as long as the maximum term for which he would otherwise have been liable, and also to be caned , notwithstanding any other written law to the contrary.
The President may, from time to time, extend the period of a person's police supervision, and may at any time refer any such orders for further consideration by an advisory committee. Between and 31 October , about police supervision orders were issued in lieu of detention and to people who had been released from detention.
Whenever the Minister for Home Affairs declares that an immediate threat to public peace exists within Singapore or any part of it, any police officer not below the rank of sergeant may command any assembly of 10 or more persons within Singapore to disperse.
A dispersal declaration remains in force for not more than 48 hours, but this is without prejudice to the making of a further declaration.
A police officer not below the rank of sergeant may, without warrant and with or without assistance, enter and search any premises, stop and search any vehicle or individual, whether in a public place or not, if he suspects that any evidence of the commission of an offence is likely to be found on the premises or individual or in the vehicle, and may seize any evidence so found. Where any person is charged with any offence under the Act, any statement by that person to or in the hearing of any police officer of or above the rank of sergeant shall, notwithstanding anything to the contrary contained in any written law, be admissible at his trial in evidence:.
If the person chooses to testify in court as a witness , any such statement may be used in cross-examination and for the purpose of impeaching his credit. However, no such statement is admissible or usable if it appears to the court that the making of the statement has been caused by any inducement, threat or promise referring to the charge against that person, proceeding from a person in authority and sufficient, in the court's opinion, to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
Notwithstanding anything to the contrary in any written law, a court may order that the whole or any part of any trial before it for any offence under the Act shall be dealt with in camera if it is satisfied that it is expedient in the interests of justice or of public safety or security to do so. A police officer or officer of the Central Narcotics Bureau CNB may exercise all or any of the following powers in respect of any person under arrest, detained or placed under police supervision under the Act: .
A body sample means a sample of blood, a sample of head hair including the root , a swab taken from the person's mouth, or any other type of sample prescribed to be a body sample by the Minister for Home Affairs.
Body samples may only be taken by a registered medical practitioner , a police officer or CNB officer who has received training, or any other suitably qualified or trained person duly appointed by the Commissioner of Police as an authorized person. The Commissioner of Police is required to maintain a register of all photographs, finger impressions, registrable particulars; and a DNA database.
Criminal Law in Malaysia and Singapore, Third Edition [eBook]
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Call for help. If you have lost your password, you must set a new password. Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit". Introduction The legal profession is essentially a rule-based discipline where the written law is the primary source. A good law library, therefore, is the lifeline of a legal practitioner as well as his indispensable workshop.
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Criminal Law (Temporary Provisions) Act (Singapore)
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The burgeoning of online piracy enables copyright materials to be routinely downloaded and exchanged for free, without any deliberate intention to infringe copyright. These acts were done for the purpose of sharing and attract no commercial value, and, hence, may not be considered as culpable criminal conduct because of the lack of intention. The possibility of the Agreement being eventually implemented by the eleven-member countries is still real. This article examines two new criminal provisions introduced by the TPPA. The first is the criminalization of wilful copyright infringement even if carried out on a non-commercial basis.
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature. In addition, there is a common perception to foreigners that the Singapore society is moderately regulated through the criminalization of many activities which are considered as fairly petty or harmless in other developed countries. These include charged in state court for urinating in public,  littering ,  jaywalking ,  the possession of pornography ,  the sale of chewing gum ,  and sexual activity; such as oral and anal sex between men. Singapore retains both corporal punishment in the form of caning and capital punishment by hanging as punishments for serious offences.
The Asian Region and the International Criminal Court
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It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results. C46 Criminal law in Singapore and Malaysia : text and materials by K. Koh, C.
The Criminal Law Temporary Provisions Act often known by the abbreviation " CLTPA " is a Singapore statute that, among other things, allows the executive branch of the Government of Singapore to order that suspected criminals be detained without trial. It was introduced in during the colonial era and intended to be a temporary measure, but has since been renewed continuously; the Government has declined to make it permanent, claiming it "believe[s] that the Act should be explicitly extended by Parliament every five years". According to the Government, the Act is only used as a last resort when a serious crime has been committed and a court prosecution is not possible because witnesses are unwilling or afraid to testify in court. The Act is used largely in cases relating to secret societies , drug trafficking and loansharking ; in , out of a total of detainees, 91 were detained for secret society activities, 12 for unlicensed moneylending and 5 for drug trafficking. Part V of the Act provides that whenever the Minister for Home Affairs is satisfied that a person, whether at large or in custody, "has been associated with activities of a criminal nature",  the Minister may order that the person be detained for any period not exceeding 12 months if he is satisfied that such detention is necessary "in the interests of public safety, peace and good order";  or order that the person be subject to police supervision for any period not exceeding three years. Such "activities of a criminal nature" include secret society involvement , gang activities, drug trafficking , unlicensed moneylending, human trafficking , robbery with firearms, murder, gang rape, kidnapping, and any organised crime activity as defined in section 48 1 of the Organised Crime Act.
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Among them, nineteen states belonged to the Asia-Pacific region and two thereof ratified Rome Statute amendments on the crime of aggression. Ratification indicates success of the rule of international law in Asia. Although the Asia-Pacific region is home to half of the population on the globe, the people in the region are apparently underrepresented in the ICC. This article explores and explains why Asian states are disinclined to join the ICC. Ancillary discussion in this paper evaluates future prospects of current non-state parties of the ICC Statute. Second, it explores the current relationship between the Asian region and the ICC, especially from the perspective of preliminary investigation activities by the ICC in the Asian region.
Text in PDF Format. In developing the Guidelines for Action, the experts took into account the views expressed and the information submitted by Governments. Twenty-nine experts from eleven States in different regions, representatives of the Centre for Human Rights of the Secretariat, the United Nations Children's Fund and the Committee on the Rights of the Child, as well as observers for non-governmental organizations concerned with juvenile justice, participated in the meeting.