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Malaysian
lawyers staging a protest to call for reform of the judicial
system
In
Singapore, however, the Government tells the Law Society that it
cannot comment on proposed legislation unless invited. Such is
the scale of the tragedy. Should lawyers in Singapore continue to
be so emasculated and shorn of dignity?
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An open letter to Singaporean
lawyers
11 Oct 07
Dear
Singaporean lawyers,
A lawyer is, by definition, someone
who is learned in the law and sanctioned to practice it. Law is a
system of rules agreed upon by society so that justice can he
administered.
In other words, lawyers are servants of
justice; sworn to uphold the rule of law. Indeed, the Law
Society, an organisation to which all of you belong, swears
“To
serve our members and the community
By sustaining a competent
and independent Bar
Which upholds the rule of law and ensures
access to justice”
Noble
words. But nonetheless just words. Let me explain. The rule of
law is a concept based on the following three principles:
1.
The legal order regulates the power of the government;
2. It
ensures equality before the law; and
3. There must be formal
and substantive justice.
Of
these, only the first two are directly relevant to this letter.
On the first principle, it would be stretching the truth quite a
bit to say that the PAP Government is subjected to and regulated
by the legal order.
Where laws curtail or threaten its
power, the ruling party simply changes them. The Parliamentary
Elections Act, Public Entertainment and Meetings Act, Legal
Profession Act, Internal Security Act, Newspaper and Printing
Presses Act, Films Act, Broadcasting Act, and Political Donations
Act are just a few statutes that have been introduced or amended
to ensure that the PAP’s political control remains total.
Even the Constitution is amended willy-nilly whenever it
gets in the way. As
a result, society has been effectively silenced. The PAP is law
unto itself.
As for the second principle of equality
before the law, recent events make it unmistakable that no such
thing exists in Singapore.
A couple of days ago, four of
my colleagues and
I were arrested for protesting outside the Istana. But in Mar 07,
a large group from PAP MPs and supporters assembled unmolested by
the police near Parliament House in a 'demonstration' for
consumer rights.
And while the Law Society was allowed to
organise its annual run, a similar activity organised by the Open
Singapore Centre calling for the abolition of the Internal
Security Act was banned.
In 2005, a group of PAP women MPs
were allowed to conduct a march in support of International
Women's Day. But a group of gays were denied the right to jog
along the Singapore River.
But why am I writing to you,
lawyers of Singapore? Let me answer this by citing a couple of
recent occurrences. A few months ago, lawyers in Pakistan
protested vigorously against General Pervez Musharraf when he
tried to replace the Chief Justice who had stood up to the
president’s undemocratic rule.
More recently and
closer to home, Malaysian lawyers were vehement in their
criticism of their government’s handling of judicial
appointments and conducted a protest march to demonstrate their
anger. Interestingly, there is also a law in Malaysia that
forbids gatherings of five or more persons in public.
The
point that needs to be registered is that lawyers in civilized
societies are often the vanguard of ensuring that the rule of law
is not trampled upon by the Executive.
This necessarily
includes fighting to protect the civil and political rights of
the community. Indeed bar associations around the world have
human rights components that make representations to their
governments to protect civil liberties of the people.
In
Singapore, however, the Government tells the Law Society that it
cannot comment on proposed legislation unless invited. Such is
the scale of the tragedy. Should lawyers in Singapore continue to
be so emasculated and shorn of dignity?
Despite the
overpowering dominance of the Government, lawyers in Singapore
are not totally powerless. There is something you can do. If you
don’t already know, the International Bar Association is
devoting an entire day during its annual conference in Singapore
on the rule of law. The host committee is your Law
Society.
Called the Rule of Law Symposium, the event will
take place next Friday, 19 Oct 07 at the Suntec City. The one-day
symposium will feature various speakers as well as breakout
sessions during which measures will be discussed to see how the
rule of law in Singapore can be strengthened. (To
register, click here.)
This
is an opportunity for you to bring your knowledge and expertise
to bear on the direful situation that we have in Singapore. It is
an opportunity to be true to yourselves and your profession.
Society
has accorded you the rare privilege of being trained to defend
justice. Now is the time to put it into practice. The community
needs you.
Yours sincerely,
Chee Soon
Juan
Secretary-General
Singapore Democratic Party
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