Monday, May 13, 2013

#GE13 More clarity needed on Public Order Act: Voices



From Edwin Dai. Published by Singapore Law Watch on 8 May 2013.

Last month, it was reported that six Malaysians were investigated by the police for holding a public assembly without a permit and were warned that “foreigners should refrain from importing their domestic political activities into Singapore” (“Police investigating voting drive”, April 16).

On May 2, only days before the Malaysian general election, Mr Abdul Ghani Othman, who was contesting the parliamentary seat of Gelang Patah, travelled to Singapore, and his trip received much media coverage.

It is in the interest of the public for the police to clarify the ambit of the Public Order Act.

The definition of “assembly” under the Public Order Act, Section 2(1), refers to a gathering or meeting of persons for the purpose (or one of the purposes) of demonstrating support for or opposition to the views or actions of any person, group of persons or any government; publicising a cause or campaign; or marking or commemorating any event. It also includes a demonstration by a person alone for any such purposes.

There appears to be inconsistency in the way the two situations were handled. A plea for Malaysians to perform a national duty was deemed to constitute an illegal assembly.

On the other hand, a trip by a (now former) Barisan Nasional (BN) Member of Parliament to Singapore, where he aired his thoughts on the coming election, was given media coverage. The purpose of his visit may be reasonably construed by some as an attempt to canvass support for BN from Malaysians residing in Singapore.

There is a need for the authorities to clarify the Public Order Act and its enforcement. Specifically, it is unclear whether Mr Abdul Ghani’s visit flouted the Public Order Act or, at the very least, was in direct opposition to the police’s position on “foreigners” and their “domestic political activities”.

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2 comments:

  1. http://www.themalaysianinsider.com/malaysia/article/malaysian-protesters-set-to-lose-singapore-work-permits

    KUALA LUMPUR, May 15 — The work permit of one Malaysian will be cancelled by Singaporean authorities while another 18 are at risk following their arrests for illegal assembly at the republic’s Merlion Park last week.

    Aside from the workers, two Malaysians also lost their social visit passes to the city state, according to The Straits Times today.

    The group were part of 21 Malaysians who had gathered at the park on Saturday to express their dissatisfaction with the results from Election 2013.

    According to the Singapore paper, the group was expressly warned by police against assembling and were detained after pressing ahead.

    “Singapore does not take sides in the politics of other countries, and will work with whoever forms the government there,” said the republic’s law enforcement agency in a statement.

    “Foreigners living or working in Singapore must abide by Singapore laws, and should not import the issues or politics of their countries of origin to Singapore.”

    Prior to Saturday’s events, Singaporean police had cautioned participants of a previous rally last Wednesday that their actions were illegal by the republic’s laws.

    All eight men and 13 women were later released. Aside from their ages of between 21 and 40 years, no additional details have been made available.

    According to the newspaper, DAP MP for Kulai Teo Nie Ching revealed that seven of the arrestees have since approached her for legal counsel.

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  2. https://www.freemalaysiatoday.com/category/nation/2013/05/14/spore-police-election-protesters-released-on-bail/

    Twenty-one Malaysians arrested in Singapore for staging an illegal protest following disputed elections in their neighbouring homeland have been released on bail, police said on Tuesday.
    “They have been released on bail. Police investigations are ongoing,” the Singapore Police Force said in a statement sent to AFP.
    The 21 arrested comprised of eight males and 13 females, aged from 21 to 40 years old, the statement said. No further information was given.
    The protesters were detained on Saturday after staging a rally at a park along Singapore’s Marina Bay promenade, despite police warnings not to repeat a protest held on the same spot three days earlier by some 100 Malaysians.
    No arrests were made in the first rally, but police warned foreigners to adhere to Singapore’s laws against illegal protests.
    That initial rally coincided with a mammoth protest in Kuala Lumpur by the Malaysian opposition, which claims it was robbed of victory in the May 5 parliamentary elections through fraud.
    Under Singapore’s Public Order Act, organisers of illegal protests can be jailed for up to six months or fined Sg$10,000 ($8,100). They can also be both jailed and fined.
    Participants can be fined up to Sg$5,000. Foreigners jailed in Singapore are normally deported after serving their sentences.
    The Malaysian opposition, led by former deputy prime minister Anwar Ibrahim, has called for a wave of protests after the ruling coalition was returned to power despite receiving less than 50 percent of votes cast.
    Malaysians overseas, including in Australia and Taiwan, have also held rallies to protest against the election results.
    Singapore was ejected from the Malaysian federation in 1965 after a brief union between the two former British colonies, but they are bound by strong economic, political, cultural and family links
    -AFP

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