Has the issue of jurisdiction been addressed by the Court?
October 22nd, 2010 | 
Author: The various press reports of these proceedings are sparse and contradictory, so as an interested foreigner googling this case I’d like to know if and how the issue of jurisdiction has been addressed, which I expect the Court will have to satisfy itself on before looking at anything else.
I doubt anyone would claim that the Singaporean Courts have some special global jurisdiction, otherwise there would be international chaos, but here we have a British national accused of Contempt of Court in Singapore for having written a book in Malaysia, and published by a Malaysian publishing company. The book has not apparently been banned in Singapore. Unless I’ve missed something essential this looks like the prosecution of a foreigner for acts done in another foreign country. If that is correct, then can someone kindly point out what is the legal basis in domestic and international law for the prosecution?
For example, if the similar offence had not been abolished in the UK, which in fact it has, could a Frenchman who had written something bad about English judges published in Spain by a Spanish publishing house, then be prosecuted in the UK? I think not, there is no jurisdiction. People in a foreign country can say or write what they like about a judicial system anywhere else (as well as , usually, about their own) .
A comparable case in the UK might be when a member of the Royal family was blackmailed, and the court trying the blackmailers ordered his/her identity not to be revealed. If the UK press had revealed the identity it would have been contempt of court. There was nothing however to prevent foreign press from doing so, as the UK courts had no jurisdiction in those countries.
To claim international jurisdiction would lead to total chaos and most likely be an infringement of other countries’ sovereignty. It surely means, hypothetically speaking, that the British government could bring a prosecution in England against Singaporeans in Singapore who, rightly or wrongly, it accused of having unlawfully abducted (in English Law) an elderly, sick British writer and held him incommunicado for around 30 hours in appalling conditions for interrogation. That of course would be preposterous.
So some clarification by a local lawyer would be appreciated!
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Me not a lawyer but I think the basis for the charge is most probably he himself was PHYSICALLY in Sinkapore LAUNCHING THE BOOK.
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The leadership in the Singapore Government – formed by the “Pro Alien Party” – has a unique telepathic extra-terrestial powers of extending their talent over issues that are as remote and as far away – by way of interpretaton or physical distance.
In an Asian Sentinel article dated 24 March 2010, it reported the unusual apology from the International Herald Tribune “to Singapore’s Prime Minister Lee Hsien Loong, his father Minister Mentor Lee Kuan Yew and former Prime Minister Goh Chok Tong for a February 15 article contributor Philip Bowring on dynastic politics in Asia. Although the article contains an anaylysis of dynastic politics in Asia, nowhere does it say or imply that nepotism played a role in the Lee family’s – or any other family’s – political prominence in the region.” [1]
It also added that “However, Reuters reported that the paper paid S$160,00 (US$114,000) in damages. Davider Singh, the lawyer acting for the Lees, told Reuters that the IHT’s publisher, editor of global editions, and Bowring also agreed to pay damages of S$60,000 to Lee Hsien Loong, and S$50,000 each to Goh Chok Tong and Lee Kuan Yew, as well as pay their legal costs”. [1]
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Another case in point, a Dr Christopher Lingle – during his fellowship program at NUS – had written an article in the International Herald Tribune, which had – “…..inferred that some regimes in East Asia are able to thwart criticism by relying on a compliant judiciary. Within two weeks he had been interrogated repeatedly by police detectives – which prompted him to resign his position, flee the country and seek refuge in the USA with nothing more then his overnight bag and notebook computer. The Singapore government seized his property in Singapore and sentenced him to jail in absentia.” [2]
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In the first instance, International Herald Tribune had mention of dynastic politics written to cover the whole of Asian Continent – which begins in the west in the Middle Eastern region, and to the East Coast of Japan, or even further to the eastern coast of Russia.
Yet, amongst all the countries that has dynastic politics, this article seems to have touched the raw nerves of the leadership in Singapore, while the other Asian incumbents have largely ignored the article.
In the second article written by Dr Christopher Lingle had featured in his writing about compliant judiciaries supporting regimes to suppress dissent in countries in East Asia.
It is truly amazing that despite Singapore being located in Southeast Asia, the Singapore political leadership will infer the article to be directed at itself, while members of the ‘political dynasties’ in East Asian countries prefer to leave the report alone.
Clearly, the thin skin political leadership in the “Pro Alien Party” has either the unique ability to make inference from the writings of others to be associated with themselves; or its knee-jerk reaction is an admission of guilt imposed on them by the sudden rude awakening to the truth that must be suppressed – even if such actions will impugned their own credibility.
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[1] Singapore’s Lees Cow the International Herald Tribune Again
http://www.asiasentinel.com/index.php?option=com_content&task=view&id=2359&Itemid=181
[2] Dr Christopher Lingle
http://www.thelockeinstitute.org/books/lingle.html
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Yes, the govt had prosecuted AWSJ and FEER without any of the authors/writers of the ‘offending’ articles or any of the publishers or managers even being here. So, they could have done the same with Shadrake if they wanted to and just banned his book and himself.
No, instead they thought they had a chance to do a big drama wayang lion dance hoo-hah to frighten Singaporeans into voting for the PAP. This is scare tactics and we know it.
Its pointless to discuss jurisdiction of the Singapore courts and points of law. The whole point of his arrest and trial is to show Singaporeans what happens to dissenters, to cow us into not voting for the opposition.
If there was no election coming up they would have let him come and go and then ban his book. Or ban his book and stop him entering Singapore.
Sorry, Shadrake that you have to be a scapegoat. We salute your bravery and resolve. But in a way maybe its a positive that an elderly foreign author is involved. The whole world is watching.
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Alan Shadrake should be heard and seen … but not in Singapore. He has walked into the lion’s den and is now in the lion’s jaws. It all depends on how hungry the lion is but surely he will get a mauling.
Will he get a fair trial? Will he go free? Will Judge Quentin Loh be brave?
Whatever is the outcome, the AG will surely appeal and prevent his leaving the country.
We have a newly-minted AG. Is he brave and will he make decisions that will displease those upstairs? Or will he make the difference?
Anyone reading betweens the lines of the parting comments of our ex-AG will sense the interference and pressure put on him.
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Jurisdiction? Yes a very interesting point. Why wasn’t this brought up?
In sinkieland, anything goes?
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Singaporeans should be ashamed of themselves.
A nation of headless “third class citizens” and daft people unable to think for themselves, who allowed a nearly 100 year old man to lord over them and turn the country into his private fiefdom.
A nation of headless “third class citizen” “dogs” who need an over 70 year old British man to put his own life and liberty at risk to speak up on their behalf.
It is shameful.
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@Atobe: What you say is true. I especially like this few sentences:
“its knee-jerk reaction is an admission of guilt imposed on them by the sudden rude awakening to the truth that must be suppressed – even if such actions will impugned their own credibility.”
Even Kim Jong Il also don’t bother with Christopher Lingle, this shows that the famiLEE are ultra-sensitive and ultra-vindictive.
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There will be no problem and no need for ‘jurisdictions’ if writers are responsible and factual. We welcome free speech, free press etc. BUT BUT it must be factual and not concocted lies. Free speech if exercise correctly is very good because then everyone has
to be careful and correct.
A court is where your rights are protected. It is open.
But we are all emotional and biase. I can and you cannot.
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Nostradamus predicted that the 3rd anti-christ is now here on earth at this time period, perhaps, the anti-christ, Nostradamus mentioned maybe what we are seeing now, he will learn from his predecessor and hide himself under the mask of rightousness, etc , though small in size we might seemed but have some special global jurisdiction. Be prepared, end of world is near. LOL, just my imagination but it might come true.
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@Sun Tsu:
October 22, 2010 at 9:16 am
There will be no problem and no need for ‘jurisdictions’ if writers are responsible and factual. We welcome free speech, free press etc. BUT BUT it must be factual and not concocted lies. Free speech if exercise correctly is very good because then everyone has
to be careful and correct.
A court is where your rights are protected. It is open.
But we are all emotional and biase. I can and you cannot.
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well totally agreed with you, but with the ISD around, you can’t even prove that to the public, cause you will be detained without trail for as long as they want it to. welcome free speech indeed, look at what happened around us, look at what happened to the opposition, isn’t this good enough to instill fear to the general public that there is no such thing as free speech in singapore. LOL
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Morons must first acknowledge honestly whether we have an independent judiciary for a court to protect your rights and be open.
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Those who support Alan Shadrake, must remember that he is not one of our kind. He is a white man. Even if he is right, we must close rank and support our government and our judiciary.
Those who persists in supporting Alan are committing sedition and should have their citizenship revoked and beaten out of Singapore.
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@Sun Tsu:
Have u just come back to planet earth? Free speech and freedom of the press here? U are either blinded or you are lying to yourself. The problem with your idea of such freedom is that someone must determine if the writer has been “responsible and factual”. In the singapore context, the oppositions, without exception are found to be neither responsible nor factual, the same can be said to numerous major publication that dare speak up. Many opposition members have been bankrupted and are in exile.
“A court is where your rights are protected. It is open.”
In some places the courts are where u lose faith and hope.
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@Sun Tsu:
YOU are not one of our kind…. Do not ever think otherwise.
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@Sun Tsu,
Please stop being a moron. It is idiots like you that give Singapore a bad name. We should be thankful to Alan for speaking up on our behalf and doing his part to make Singapore a more freer society.
People like you should be living in North Korea.
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@Sun Tsu is the type that believes in in house breeding to preserve his own kind.
That’s why he likes to sodomise his own family even if OUTSIDE is right to produce more brain dead loser zombies like him..
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@sam selamat
In some places the courts are where u lose faith and hope.
u mean in sinkapor? haha
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//Sun Tsu: October 22, 2010 at 2:13 pm
Those who persists in supporting Alan are committing sedition and should have their citizenship revoked and beaten out of Singapore.//
Just because you have framed what it constitutes sedition and what it is not ? Don’t you think it is more dangerous to have thugs / bullies like you to decide which citizens should have their citizenship revoked and beaten out of singapore just because they may disagree with you or with some other powerful forces.
Please bear in mind that in a democracy everyone should have the rights without fear to galvanise enough support in a non-violent way and hopefully to push for change.
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//Sun Tsu: October 22, 2010 at 2:13 pmThose who support Alan Shadrake, must remember that he is not one of our kind. He is a white man//
Does it matter whether he is a white man or yellow man or mix-coloured with pink & red. What happens the book is written other than a white man or the rights of ownership sold to a third party who may not be white.
//Even if he is right, we must close rank and support our government and our judiciary.//
If he is right, who is wrong. If he is right, we must still close rank ? I like the way you have said it, so do you think you yourself & those higher mortar balls would close rank with lesser people who may be “wrong” on the understanding over some national matters / issues.
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I must submit that Sun Tsu’s reminder “that those who support Alan Shadrake must rmember that he is not one of our kind.He is a white man” is not only racist but so infantile.
I have trouble trying to understand his rational and logic in his statement.
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It would have one in good stead to know and understand that it is the ersatz constitution which is the undoing. The last nail was hammered down on the coffin of JUSTICE the moment AG became the CJ. Is it not a conflict and travesty? How is one ever going to get a fair trail?
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I suspect those who like to think that our judiaciary is below par are mostly foreigners, or if Singaporeans, have a chip on their shoulder. Where is the pride? How can you allow a screw-up investigative journalist run rough shot over our country.
The Judiciary is our institution and we are proud of it. No arse-hole foreigner is going to come here and spew rubbish so that their book can sell. The colonial days are over. You can get Ravi Pro Bono. Why? Ask Gopalan Nair.
Now you have a problem. There is another Sun Tsu that is not me.
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well totally agreed with you, but with the ISD around, you can’t even prove that to the public, cause you will be detained without trail for as long as they want it to. welcome free speech indeed, look at what happened around us, look at what happened to the opposition, isn’t this good enough to instill fear to the general public that there is no such thing as free speech in singapore. LOL
Wayang Wayang.
Believe you me, the oppositions are not living in fear. On the contrary, the opposition are harassing the ruling party. The fact that there is this blog means that people are free to speak. But there are alot of rubbish here and everywhere.
I am not afraid of the ISA. It is a creative facility to imprison those whom the ‘referee’ think is a threat. The British invented it and I support it. But those who were imprisoned under it chose to continue to be imprisoned under it like Lim Hock Siew etc, Lim Chin Siong etc.
Have more respect for the general public for they would not vote for those whom they fear. I am going to vote opposition not because I like them but I think the ruling party has been a bit slack lately like sending F1 tickets after the Race is over. Don’t like it because hide under the coat tail of successful leaders.
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Thanks for the replies to my post.
To commenter number one: you suggest that by the accused visiting Singapore after committing an act abroad that may be an offence under Singaporean law, this is enough to give the Courts jurisdiction in Singapore. This seems unlikely. Jurisdiction is usually where the act takes place. If this were not the case, then, hypothetically speaking, if a judge in Singapore ordered a foreigner to be hanged, and that was against the law of the foreigner’s land, then if the judge travelled to that person’s country they could be put on trial for murder, on the basis that simply being there gave jurisdiction in local law over what the judge had done in his own country. If this were so, then sovereignty would become meaningless. It doesn’t seem to be an argument with any merit.
As for attending a book launch, presumably organised by the publisher, this is not reported as the act complained of as the offence. This is specified so far as we know as the writing of 14 passages in a book. The book had already been written and published abroad, apparently imported into Singopore by someone else, and it had not been banned. Attending the book launch seems unlikely to be an offence, and in any event there has been no suggestion that this forms any part of the proceedings against him.
Interestingly, the response of the British government has been very restrained so far, no doubt because of the very friendly relations between the 2 countries. I believe that if it had been any other country, e.g. Russia, that had abducted and treated a British writer in the way it’s reported that Mr. Shadrake was, there would have been a major diplomatic row by now.
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Real Sun Tsu:
October 22, 2010 at 6:23 pm
The court officials can only act within the boundaries of the law.
In some countries, fortunately or unfortunately, the law is passed in parliament which is almostly completely dominated by a single political party. Hence, the question, ” Is there any conflict of interest”
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nothing in the UK papers, ( left or middle or right wing), about the event unfolding in sg bout the alan shadake thinge.
cheers,
nickla
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I have a suggestion for TR.
Why not write to all PAP MPs (former and present) who are/were trained as lawyers?
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When Shadrake was arrested, it was reported in the Singapore press that reps from the British High Comm had spoken to him and they (BHC) are monitoring the situation.
I had read press reports of Shadrakes’s arrest in several major online newspapers, BBC was one of them, back when he was arrested. Since then, the local press has been quiet, making me wonder: is there a news blackout on this? Dont think so, as this is just too big an opportunity for milking as much scaremongering as they can out of it.
Shadrake’s arrest and trial for criminal defamation is nothing new. Singaporeans are so used to it we’re already jaded. The PAP (specifically you-know-who and you-know-who) have sued so many people and organisations to bankruptcy we have lost count who they are. The you-know-whos’ goal: to maintain their vice grip on power.
In the old days, it was detention without trial under the Internal Security Act, the stuff of spies and espionage. No matter that those poor souls thrown into the slammer and left to rot there were never ever spies in any way, form, shape or manner. What they did was just voice their opinions which just happened to clash with you-know-who#1. Perhaps due to pressure from the international community, nowadays the sledgehammer used for the current crop of poor souls is “criminal defamation” and crippling damages settlement.
Correct me if I am wrong. Isnt the prosecution required to prove that there was *criminal* intent in writing those passages? To prove that Shadrake had an ulterior motive such as bringing about the downfall/collapse of the Singapore judiciary or of Singapore? I mean, who was hurt or suffered losses or ‘criminalised’ by writing what he wrote? Did anything happen to the judiciary since he wrote those words? Did they suffer in any way? As far as everyone can see and knows, our judiciary are still who they are, still able to carry out their duties and still doing their jobs as always, with their ‘pristine’ reputation completely untarnished, nothing has changed one bit for them. Where or what is the “criminal defamation”?
Funny they didnt arrest and charge the Malaysian publisher even though he was here with Shadrake in Singapore nor any of the local bookstores which were selling the book before they got that ‘warning’ letter from MDA. Due to this fact, Shadrake’s arrest is strongly indicative of being just an election ploy. Hang in there, buddy!
On another note: why couldnt they just say his book is “stridently anti-govt” and ‘request’ him, either by registered post or in an open letter in the press, to cease and desist? Cmon, what he wrote is nothing compared to some of the opinions and language in TR here.
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ITS LOOK LIKE MONEY FACES ON THEM
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Remember, the old man has given all the top jobs in our uni to ‘white man’, its because none of you is so called,’talent’, in other words, only the miw is ‘talent’ and all others are “DAFT”.
Is this the country you want to be associated with.
Is his what you have all “VOTED” for.
Is our judiciary ‘compliant’, ‘bias’, think and ask yourself, do not lie to yourself, or you will be lying to your future generations to come, or are they not your CONCERN !!!
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//. I believe that if it had been any other country, e.g. Russia, that had abducted and treated a British writer in the way it’s reported that Mr. Shadrake was, there would have been a major diplomatic row by now.//
Yup,it certainly would have been.Worst if it’s Iran even if Mr. Shadrake commits a murder …there would be a diplomatic row regardless.
The point being,there is no room for justice if it is measured in trade balances.Justice than becomes a commodity that is trade-able .A point MM understood very well in his early days.
Give the superpowers what they want and they let you get away with murders.That’s how every conceivable dictators during our time survived ,very much because of superpower patronage.
Hence,Mr. Shadrake is just another collateral damage,sort of.But there is way out since the governments in the West cannot simply ignore popular disgust and public opinions.It’s the only thing that their government listens to.But here too many of the medias such as the Fox news and CNN have their own political patronage.And PAP has their own circle of Jewish lobbyists who pulls real strings in the Capitol Hill.Ever notice Henry Kissinger is always there at the call of MM?
Hence,I suppose people like Mr. Shadrake has nobody in the West to rely on–to pull strings ; not even fellow journalists because his predicament as newsworthiness must pass through their editors.That is why I wrote a comment in another thread in TR that despite all that new found freedom in this era of internet we are no different from the era of Media Moguls who controls what is news and what is not.Because it becomes only news when it is read by numbers.Not because it is news or deemed newsworthy.
This is where the question of deep pockets kicks in.As if in-you could have wrote the same in your own blog.But how many would have read it?So we still need a platform like TR to carry your news so that thousands more could read.Which than becomes news.And for a platform like TR exist the matter of finance is critical.
And PAP knows that.And it’s the very financial muscle that PAP uses to curtail any news that paints it bad……now,would you be surprised if SIA and other juicy advertisements are hanged as temptations for UK based medias not to carry any negative news about Singapore?
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