Wednesday, October 17, 2007

Singapore. Unjust laws need not be obeyed. They are unconstitutional.

Ladies and Gentlemen,

The Singapore Constitution of 1965, with the breakup from Malaysia was based on the principles of a parliamentary democracy; where the foundational philosophy and backbone of the country was democracy, not dictatorship; a country which believed the best form of government was based on liberty, the exchange of free speech and expression among it's citizens; where citizens can peacefully protest their grievances to their government; where every citizen's desires and opinions mattered; where the government is accountable to the people; and where consensus can be reached through free and fair elections; where the will of the people is supreme.

In other words, democracy. Singapore was meant to be a democratic country.

In this democratic clash of ideas among it's citizens, where each individual has a say in what he thinks to be correct; the country advances as new ideas replace the old, where the country is constantly on the move in it's thinking, its vibrancy; and where every citizen is proud of his country because he feels himself responsible for the destiny of his country, and takes credit for it's success.

In other words, the constitution of Singapore, as it is written gave every man and women in Singapore a say on how their country is run and to change it, if they so desired. These rights are enshrined in the constitution of Singapore.

In the constitutional system of government; which Singapore is supposed to be; and as it is written; the document called the Constitution is the Supreme Law of the land, which overrides every other legislation or law, and where the laws conflict with the provisions of the Constitution, the laws themselves become illegal as being contrary to the provisions of the Constitution.

In other words, the makers of Singapore constitution considered the provisions such as the right to free speech and expression, the right to free assembly and the right to non violent peaceful protest, as fundamental and supreme rights which must be cherished and respected by any government of Singapore. That is why these provisions appear in the constitution. They are vitally important and have to be protected for the good of the country.

The laws of the country are to be based on the spirit and letter of the constitution; rules and laws having to reflect and support it; the country to be run according to it.

But Lee Kuan Yew, since he came into power, systematically weakened the constitutional rights of his people until today; when one could correctly say that Singapore no longer has a constitution. Evey constitutional right that citizen's had has been systematically diluted or denied entirely.

These actions by Lee Kuan Yew and his PAP are illegal, ultra vires the constitution, and are a denial of the fundamental rights of their citizens. Therefore, these laws that take away the constitutional rights of the citizens are void in law and devoid of any legal effect.

The Constitution of Singapore specially provides the right of peaceful assembly and enshrined in it. This right is supreme and is the entrenched law of the land. This right belongs to the citizens in perpetuity. Contrary to the specific provision of the constitution, Lee Kuan Yew has passed a law that requires a protest of 5 or more people; even if peaceful; to have a permit. This law is a direct violation of the Constitution.

Lee Kuan Yew in his desire to crush any political opposition, justifies this illegal 5 person protest law by articulating an argument that for the sake of public order, protests have to be controlled and regulated, thereby requiring licences for 5 or more people. Yet, in the entire history of Singapore, although numerous applications for peaceful protest licenses have been applied for by the opposition; so far not a single one has been granted.

It is very clear that the PAP government has no intention of ever granting a single permit to the opposition for their lawful political purposes. It is also very clear that even though the opposition has always been peaceful and has never resorted to any violence whatsoever, no matter what, the government is determined to deny their right to further their political cause. The PAP's aim in such a law is to deny political opponents any opportunity to peacefully challenge Lee and his government. The intended purpose has never been to preserve law and order.

It therefore makes such a law, which has no lawful compelling or even reasonable national interest, clearly illegal. It is clearly an unjust law which is not only illegal in law; and neither does it have any moral basis whatsoever.

This makes the law void and unenforceable. Therefore Singapore citizens should have not only the right to break such a law; they should make it their moral duty to break it.

It is the same with freedom of speech and expression which is enshrined as a fundamental right in the constitution. The right to read what you want, the right to print and publish what you want, unless the writing is defamatory; defamatory in the lawful sense, not in the sense of Lee's interpretation of it; and the right to say what you want and to speak what you want, freely and fearlessly, as proud men and women. These are constitutional rights.

Since Lee's authority may be threatened if you are permitted to speak whatever you want; he imposes laws, illegal laws, to deny you that right. He enacts the Newspapers and Printing Presses Act which requires licenses, preventing you from writing and publishing whatever you want; he has the Societies Act which prevents you from exercising your constitutional right of free assembly and association; he enacts labor laws that deny workers to freely join unions and for their leaders to represent their workers; and I can go on and on about Lee's illegality of his laws.

By every proud Singaporean proud of his country, these laws unjust illegal laws should be deliberately broken. In breaking them, you will not be a criminal. You will be a patriot and a nationalist fighting for what you think best for your country; and having the courage to stand up to it.

That is why, Dr. Chee, Chee Siok Chin, Gandhi Ambalam and Charles Tan, as well as other activists such as Uncle Yap, Monica Gogilvani and the other courageous Singaporeans; if I left out any I apologize; are the truest and best citizens in what they do.

Those of us, others who just stand by and do nothing, will do well now to see that it is not illegal to break these laws; but indeed honorable to do so.

Singapore laws such as the 5 person protest law is illegal and Dr. Chee is not breaking the law by protesting. Singaporeans should understand this.

I am not suggesting that each time you dislike a law, you should break it. But I am saying that there are laws in Singapore which are clearly and openly politically motivated; and not for any national interest. When you see such laws, such as these; you will be an honorable man or woman who says " This is my country. I will not tolerate laws such as these".

Gopalan Nair
39737 Paseo Padre Parkway, Suite A1
Fremont, CA 94538, USA
Tel: 510 657 6107
Fax: 510 657 6914

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