A vicious attack by a gang of parang-wielding youth at Eunos Crescent in September 2007 caused severe injuries to five people mistaken as rival gang members.
There were witnesses to the incident, but, fearing reprisals, no one wanted to testify in court against the attackers.
The police later arrested and detained six people under the Criminal Law (Temporary Provisions) Act - which allows for detention without trial - to stop them from causing more harm.
This was one of the examples cited by Senior Minister of State for Law and Home Affairs Ho Peng Kee at the passing of the Criminal Law (Temporary Provisions) (Amendment) Bill yesterday.
Introduced in October 1955, the Act remains a temporary law that requires parliamentary renewal every five years. It was last renewed, for the 11th time, in 2004.
Nominated MP Siew Kum Hong and Mr. Lim Biow Chuan (Marine Parade GRC) - both lawyers - supported the Bill but suggested there should be more transparency from the Ministry of Home Affairs (MHA) regarding the use of the Act.
There should also be more safeguards to prevent abuse, they said.
Prof Ho first explained why the Act - enacted at a time when secret society activities were rife - remains relevant today.
One key reason is that secret societies, while less active, are still present, as seen in the Eunos gang attack.
Secret society cases accounted for half of the 64 detention and six police supervision orders issued under the Act last year.
Said Prof Ho: ‘Because gangs operate within a known territory, the victims are often reluctant to identify them openly.’
The Act also pre-empts gang violence along ethnic lines from emerging in Singapore’s pluralistic society, he added.
Second, the Act helps to deter foreign criminal syndicates from operating in Singapore. This is important in view of the two integrated resorts opening here soon.
Said Prof Ho: ‘The Act sends a strong signal to such groups that they should not attempt to infiltrate the casino industry.’
The Act has also been effective against drug trafficking and loan-shark activities, particularly in cases where the witnesses or runners are fearful of testifying against the kingpins.
Prof Ho stressed, however, that court prosecution remains the key mechanism against these crimes, with the Act used only as a last resort.
The Act has been used less in the past decade compared to earlier years. The total number of detainees has dropped from 1,260 in 1988 to 463 in 1998 to 290 last year.
Since 1999, the number of detention orders issued yearly has averaged between 60 and 80.
Prof Ho also assured MPs of various safeguards in place to prevent abuse.
First, any proposal - whether by the police or the Central Narcotics Bureau - to use the Act must first be scrutinised by senior officials from the MHA and the Attorney-General’s Chambers.
Next, there is an Advisory Committee composed of prominent private citizens, such as senior lawyers, which scrutinises the investigations and documentary evidence. It also makes recommendations to the President, who decides whether to extend the detention, release the detainee or place him under supervision.
Detainees are informed of the case against them. They can present their case, with or without a lawyer’s help, to the committee, before the committee makes its recommendation.
All detentions are reviewed annually by a Review Committee. Extensions must be approved by the President.
Detentions beyond 10 years must go before a Review Board, which is made up of a different set of members.
Finally, the fifth safeguard is the need to account to Parliament every five years why it is still necessary to renew the Act, said Prof Ho.
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Criminal Law Act needed to tackle gangs and drugs
Kor Kian Beng
14 February 2009
A vicious attack by a gang of parang-wielding youth at Eunos Crescent in September 2007 caused severe injuries to five people mistaken as rival gang members.
There were witnesses to the incident, but, fearing reprisals, no one wanted to testify in court against the attackers.
The police later arrested and detained six people under the Criminal Law (Temporary Provisions) Act - which allows for detention without trial - to stop them from causing more harm.
This was one of the examples cited by Senior Minister of State for Law and Home Affairs Ho Peng Kee at the passing of the Criminal Law (Temporary Provisions) (Amendment) Bill yesterday.
Introduced in October 1955, the Act remains a temporary law that requires parliamentary renewal every five years. It was last renewed, for the 11th time, in 2004.
Nominated MP Siew Kum Hong and Mr. Lim Biow Chuan (Marine Parade GRC) - both lawyers - supported the Bill but suggested there should be more transparency from the Ministry of Home Affairs (MHA) regarding the use of the Act.
There should also be more safeguards to prevent abuse, they said.
Prof Ho first explained why the Act - enacted at a time when secret society activities were rife - remains relevant today.
One key reason is that secret societies, while less active, are still present, as seen in the Eunos gang attack.
Secret society cases accounted for half of the 64 detention and six police supervision orders issued under the Act last year.
Said Prof Ho: ‘Because gangs operate within a known territory, the victims are often reluctant to identify them openly.’
The Act also pre-empts gang violence along ethnic lines from emerging in Singapore’s pluralistic society, he added.
Second, the Act helps to deter foreign criminal syndicates from operating in Singapore. This is important in view of the two integrated resorts opening here soon.
Said Prof Ho: ‘The Act sends a strong signal to such groups that they should not attempt to infiltrate the casino industry.’
The Act has also been effective against drug trafficking and loan-shark activities, particularly in cases where the witnesses or runners are fearful of testifying against the kingpins.
Prof Ho stressed, however, that court prosecution remains the key mechanism against these crimes, with the Act used only as a last resort.
The Act has been used less in the past decade compared to earlier years. The total number of detainees has dropped from 1,260 in 1988 to 463 in 1998 to 290 last year.
Since 1999, the number of detention orders issued yearly has averaged between 60 and 80.
Prof Ho also assured MPs of various safeguards in place to prevent abuse.
First, any proposal - whether by the police or the Central Narcotics Bureau - to use the Act must first be scrutinised by senior officials from the MHA and the Attorney-General’s Chambers.
Next, there is an Advisory Committee composed of prominent private citizens, such as senior lawyers, which scrutinises the investigations and documentary evidence. It also makes recommendations to the President, who decides whether to extend the detention, release the detainee or place him under supervision.
Detainees are informed of the case against them. They can present their case, with or without a lawyer’s help, to the committee, before the committee makes its recommendation.
All detentions are reviewed annually by a Review Committee. Extensions must be approved by the President.
Detentions beyond 10 years must go before a Review Board, which is made up of a different set of members.
Finally, the fifth safeguard is the need to account to Parliament every five years why it is still necessary to renew the Act, said Prof Ho.
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