Extension of the Criminal Law (Temporary Provisions) Act (CLTPA) for another five years.
Function 8, Community Action Network and Think Centre oppose the extension of the CLTPA for the 14th time under the Criminal Law (Temporary Provisions) (Amendment) Bill No. 5/2018.
The CLTPA was enacted in 1955 when Singapore was partially independent. It was meant as a temporary measure “to strengthen the law against those who seek to overthrow the lawfully elected Government by violence, or who seek to subvert the minds of the people by intimidation, away from genuine democracy and constitutional advance to self-government, to the rule of fear and to ultimate Communist domination.” (Chief Secretary, Mr W A C Goode).
At the time of its enactment Mr Goode said:
“These measures, we think, are necessary during a period of immaturity in understanding and practising democracy to safeguard us from the dangers that beset us on the path to maturity. We hope, therefore, that they will no longer be needed after that period and, accordingly, all these various matters have been put together into this one Bill which, by sub-clause 2 of clause 1, is to remain in force for a period of only three years. As the title of the Bill indicates, these are temporary additions to our criminal laws.” (Legislative Assembly debates 21 Sept 1955).
It is regretted that under the PAP government, Singapore has remained a politically immature country for the past 52 years. The government continues to rely on this draconian law to govern and indeed, over the years had deemed it fit to extend its power over ordinary crimes which are already taken care of by the arsenal of legislation existing today.
The CLTPA has serious consequences for the people of Singapore. The amendment bill has even more serious implications for law abiding citizens. From its original intent of dealing with alleged communists, its application has been extended to criminal activities of secret societies, unlicensed moneylending and drug trafficking after it was no longer possible to use the communist threat as a reason. By this amendment, the application of the law will extend to human trafficking, robbery with firearms, murder, gang rape, kidnapping, organised crimes (under the Organised Crime Act 2015) and attempt to carry out, abet or being a party to all the aforesaid named crimes (see Fourth Schedule). For each of these crimes, there are already existing laws – Penal Code, Kidnapping Act, Public Order Act, Firearms and Ammunition (Unlawful Possession) Act etc.
Similar to the Internal Security Act, the CLTPA allows indefinite detention without trial under the hand of the minister with the consent of the public prosecutor. Under the amendment bill, anyone who is arrested and imprisoned indefinitely will be deprived of his right to pursue judicial review before the High Court. We take strong objection to the deprivation of this right.
We oppose judicial power being given to the minister and public prosecutor in the guise of being “satisfied that it is necessary that the person be detained in the interests of public security, peace and good order”. (section 30(1)(a) of the CLTPA.) We believe in the separation of powers as guaranteed by the Constitution of the Republic of Singapore. The power to order detention should only be exercised by our judiciary after a full open trial. Our judges should also have the power to conduct judicial review of abuse of power by the executive.
We are utterly dismayed that our government, despite its decades of experience in governing Singapore has deemed it necessary to punish the people of Singapore in this abusive manner by continuing to retain this unjust temporary law and indeed, by making it even more detrimental with the various amendments it enacted in the past and this amendment.
We call upon all members of parliament to oppose this amendment bill and to propose the abolition of the Criminal Law (Temporary Provisions) Act for the reason that Singapore today has more than sufficient laws to take care of all offences under the CLTPA and that judicial powers should only be exercised by our judiciary and not the executive.
We urge Singaporeans to scrutinise the proceedings of parliament and demand that parliamentary debates be live-streamed so that everyone can know what is happening in parliament starting from the debate of this shameless amendment bill.
Image source: https://sfaw.wordpress.com/2011/05/27/no-process-through-courts-no-rule-of-law/