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A couple of days ago I wrote a post on the legal significance of the Court of Appeal decision in Tan Eng Hong v AG (2012).  The point that I highlighted was on the interpretation of Article 4 of our Constitution.  This is a follow-up post. There is another significant ruling made by the Court of Appeal in this case and it would have far reaching consequences for other Constitutional cases.  The Court of Appeal has effectively stated that in some instances, the very existence of an unconstitutional law is sufficient to give rise to the violation of constitutional rights.  The AG was contending that there must be a present prosecution under the particular law before it can be asserted that there was a violation of constitutional rights.  The Court of Appeal has flatly rejected this:  " At the same time, and for the avoidance of doubt, we state conclusively that we also reject the proposition that a subsisting prosecution under an allegedly unconstitutional ...

Tan Eng Hong v AG (2012) SGCA 45 is a case of immense significance and students of Constitutional Law will no doubt be referred to this case on the interpretation of Article 4 of our Constitution.  As much as there has been much talk about the 'victory' for the gay community in getting past the first hurdle in this attempt to have s.377A of the Penal Code declared void,  the fact is that this Court of Appeal decision has already become a landmark in relation to Article 4.  Whether the proceedings eventually lead to a declaration that s.377A is void or not, is something that we will have to wait and see.  The Article 4 issue Interestingly, the specific issue of whether Art 4 can be relied on was not raised at the High Court and the AG raised this argument only on appeal at the Court of Appeal.  So, thanks to the AG's Chambers we now have an authoritative pronouncement on the application of Article 4.  What does Article 4 say? Article 4 This Consti...

After a series of incidents involving racist comments being circulated on the internet, I would have least expected the Law Minister to enter into the fray to share a racist email that he received from a resident.  It was also somewhat uncharacteristic of a PAP politician to point out a negative aspect of race relations in Singapore instead of emphasizing the positive aspects. Perhaps, he was genuinely taken aback by the email (considering its racist content and considering Shanmugam is himself an Indian) and the audacity of the resident to threaten to vote against the PAP over this issue.  So taken aback that he couldn't help but post the comment on Facebook.  Perhaps, he was subtly using this incident to build a narrative of how it is wrong for the government to formulate policy on the basis of popular views on the ground or on the basis of every individual complaint.  This incident is definitely a stark example of what politicians should not pander to.  A rac...

Christopher Neo Ting Wei, NSP candidate for Jurong GRC in the 2011 general elections, passed away on 14 August 2012 at the age of 49.  Condolences have been expressed by various politicians from opposition parties.  I was pleasantly surprised to read DPM Tharman Shanmugaratnam's Facebook update a short while ago. Paid last respects to Christopher Neo this morning, before the last rites. He left us early, at 49. He led the NSP team in Jurong GRC in GE2011, and fought admirably. I regarded him well - he had an unassuming style, and was concerned for poorer citizens. His wife Amy told me about the four wonderful kids he had left her with. They always helped each other. The eldest, do...ing her O-levels soon, helped the second girl; the second helped the third girl; the third played with the little boy aged 4. The girls were doing well in school. His parents were elderly but sturdy. They were Chinese-educated, but spoke with me in English. Christopher left many siblings. His elder...

In 2009, I blogged about the NDP parade and the much touted 'universal pledge moment'.  Everyone was encouraged at a single point in time, 8.22pm, to take the pledge.  I questioned whether most Singaporeans that took the pledge understood the implications of the pledge and if so, how many of them were sincere about the pledge.  The article is here:  http://article14.blogspot.sg/2009/08/822-hypocritical-oath.html Between 2009 to now, the major political shift that has happened in Singapore is the 2011 General Election.  Due to the shock therapy given to the PAP by the voters, the government has been on a back foot for the last one year.  There is a growing hope that we would be able to make a genuine attempt at accomplishing the goals that we have outlined for ourselves in our national pledge.  The often ignored phrase "to build a democratic society, based on justice and equality" has to be resurrected in our collective psyche so that when we take ...

Rumours are going around that Mr Lee Kuan Yew has died.  There are other variations that he is seriously ill or that he is in a state of coma.  Twitter has been active over the last 24 hours with these rumours.  My Facebook friends have been relatively quiet.  I have spoken to several friends and one set of rumours is coming out of the legal fraternity.  Such rumours are not new.  In all likelihood, there is no truth in it and the man will be at the NDP tomorrow.  But, in the event that it is true that the man has died, I hope that the government doesn't behave in a vile and vulgar manner by keeping the matter secret whilst the nation celebrates its birthday.  I have a lot of reservations about LKY and his style of government.  But, the fact remains that he was amongst the first Cabinet of ministers in Singapore that saw the country through two decades (mid-60s to the mid-80s) of rapid development.  I am sure that the government can...