Sunday, February 12, 2012

Singapore legal system's "three supremes"

Ladies and Gentlemen,

The Economist Magazine of January 28, 2012 has the article "Who goes to the gallows"

http://www.economist.com/node/21543593

It describes China's attitude to the law. It follows the "3 supremes" principle in deciding cases. The first supreme principle is the supremacy of the Communist Party. The second, the public interest and only third is the interests of the law. China's Chief Justice, Wang Shengjun is not even a lawyer!

At least Communist China has the courage to tell it as it is. It is no secret that the interests of litigants in any case is in fact the least important of priorities. What is most important, they state openly is the interests of the Communist Party. Regardless of whether one would agree with such a legal system or not, at least you have to give it to the Chinese. At least they dare to admit to what they do.

Which is why Lu Xiabo, Nobel Prize recipient, Ai Wei Wei and scores of other dissidents are languishing in jail on trumped up charges, merely for demanding human rights.

Singapore in reality is no different from Communist China for abusing the legal system, except in one sense they are even worse. At least China has the courage to openly admit their system is principally there to protect the Communist Party and not the legal rights of the parties in the case. Lee Kuan Yew's Singapore does not even have the courage to admit that.

In fact Singapore's whole legal system is a sham. If you were to visit Singapore's courts, you would find high sounding slogans and legal maxims both in Latin and English written proudly on all the walls on the virtues of the rule of law. You will also find Singapore's lawyers looking all solemn and wise, in legal black clothes, dragging along briefcases bulging with books and files as if to give the impression that what goes on within those walls is in fact the rule of law. Nothing can be further from the truth.

Strongman Lee Kuan Yew's Singapore courts are no different from that of the Communist Chinese. For decades now civic minded citizens who care of the betterment of the island, model citizens and leaders, such as JB Jeyaretnam, Chee Soon Juan, and a litany of others have all suffered under "Lee Kuan Yew style rule of law". They have all been punished jailed and destroyed, just as the case in Communist China, to further the interests of Lee's Peoples Action Party and their lame excuse that all this dirty work is done in the interests of the state.

JB Jeyaretnam and Chee Soon Juan are not threats to the interests of Singapore. In fact there can be no better asset to the island than them.

Lee Kuan Yew's Singapore administration is in essence a dishonest cowardly administration which like Communist China uses the law to ensure they continue in power. This may work for some time in China with a billion people. I am not sure how long this dirty business can go on in Singapore with much more informed and connected Singaporeans with access to the Internet and the public knowledge of how low this government continues to stoop in their own interests. Singapore's size does not allow the abuse of the legal system to go on for too long. It presently has only about 2.5 million native Singapore population with another 2.5 million recent immigrants, making about only 5 million in all. To make matters worse, Singapore has the lowest birth rate in the world and one of the highest rates of emigration.

An altogether unenviable position for Lee Kuan Yew and his Singapore who survive on law abuse.

Gopalan Nair
Attorney at Law
Disbarred from practicing law in Lee's Singapore, imprisoned and refused entry to the island for criticizing Singapore's judiciary in this blog (see blogpost May 29, 2008 Singapore. Judge Belinda Ang's Kangaroo Court)
Actively practicing law in California and in good standing at the California Bar.
Member in good standing as a lawyer in England and Wales (Barrister).
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1 comment:

Anonymous said...

A staggering 42 % in immigration and so many true boys emigrating.

Certainly looked bleak, the fact that we are so small, there will be a limit we can progress as a nation.