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16-03-2015, 03:30 PM
An honorable member of the Coffee Shop Has Just Posted the Following:
To start, we should also note that PAP activists Victor Lye, who made a Facebook post thanking his team for distributing the fliers, and Muralidharan Pillai, who confirmed to media that the flyers were from PAP, have both clearly indicated the origins of the flyers. In spite of that, the documents in question do not carry any PAP logo. The flyers were also distributed past midnight, as if done to avoid direct contact with residents.
Notwithstanding the highly mysterious and secretive air surrounding the distribution, Muralidharan had insisted to media that they had nothing to hide and that “there was no difficulty in understanding that (the flyer) was from the PAP”.
Precedence set by the SDP
In 2008, six members of the Singapore Democratic Party (SDP) were charged for distributing flyers which were critical of the government.
Their charge sheet read:
You are charged that you, on the 10th day of September 2006 at about 12:15 pm, in the vicinity of Raffles City Shopping Centre, North Bridge Road, Singapore, which is a public place, together with 5 persons did participate in an assembly intended to demonstrate opposition to the actions of the Government, which assembly you ought reasonably to have known was held without a permit under the Miscellaneous Offences (Public Order & Nuisance) (Assemblies & Processions) Rules, and you have thereby committed an offence punishable under Rule 5 of the said Rules.
Mark Chua
Senior Investigation Officer
Central Police Division
29 December 2008
The SDP members were charged under Rule 5 of the Miscellaneous Offences (Public Order & Nuisance) (Assemblies & Processions) Rules which states: Any person who participates in any assembly or processions in any public road, public place or place of public resort shall, if he knows or ought reasonably to have known that the assembly or processions is held without a permit, or in contravention of any term or condition of a permit, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Here’s what political blogger Alex Au had to say about the charge,
It is difficult to imagine that the legislative intent of this law was to curb the handing out of flyers, or similar communicative-type activity. I daresay the law was meant to prohibit gatherings that pose a threat to public peace, e.g. gangs out to intimidate or fight, or sit-ins that block traffic. The name of the law, after all, is Miscellaneous Offences (Public Order and Nuisance) Act.
Moreover, in actual practice, no action is taken against the hundreds, if not thousands, of people who stand at metro stations handing out flyers, or even those who interfere with traffic in some way, e.g. stopping people to sell them insurance
The point made by Mr Au definitely makes sense – the execution of laws should target the intended consequence, rather than the offending act itself. Unfortunately, the way the law was applied in the case must be taken into account in evaluating the present facts.
In the judgement passed by District Judge Chng Lye Beng, it is understood that, if a group of five or more persons distribute flyers of a political nature in a public place without a permit, they may likely be in breach of the law. Let us now compare the first three elements of the offence with the facts of the case at hand.
Five or more persons?
After the distribution of the flyers, Mr Lye posted this image on his Facebook page. According to his post, the people featured in this picture are the “(PAP) activists who worked through the night… to distribute flyers.” From this picture, one can easily make out seven people, which suggests that there were more than five people who helped to distribute the flyers. There might also have been more who helped out in the distribution but were not featured in this photo....
http://www.theonlinecitizen.com/2015...buting-flyers/ (http://www.theonlinecitizen.com/2015/03/did-pap-activists-break-the-law-in-distributing-flyers/)
Click here to view the whole thread at www.sammyboy.com (http://sammyboy.com/showthread.php?202748-Did-PAP-activists-break-the-law-in-distributing-flyers&goto=newpost).
To start, we should also note that PAP activists Victor Lye, who made a Facebook post thanking his team for distributing the fliers, and Muralidharan Pillai, who confirmed to media that the flyers were from PAP, have both clearly indicated the origins of the flyers. In spite of that, the documents in question do not carry any PAP logo. The flyers were also distributed past midnight, as if done to avoid direct contact with residents.
Notwithstanding the highly mysterious and secretive air surrounding the distribution, Muralidharan had insisted to media that they had nothing to hide and that “there was no difficulty in understanding that (the flyer) was from the PAP”.
Precedence set by the SDP
In 2008, six members of the Singapore Democratic Party (SDP) were charged for distributing flyers which were critical of the government.
Their charge sheet read:
You are charged that you, on the 10th day of September 2006 at about 12:15 pm, in the vicinity of Raffles City Shopping Centre, North Bridge Road, Singapore, which is a public place, together with 5 persons did participate in an assembly intended to demonstrate opposition to the actions of the Government, which assembly you ought reasonably to have known was held without a permit under the Miscellaneous Offences (Public Order & Nuisance) (Assemblies & Processions) Rules, and you have thereby committed an offence punishable under Rule 5 of the said Rules.
Mark Chua
Senior Investigation Officer
Central Police Division
29 December 2008
The SDP members were charged under Rule 5 of the Miscellaneous Offences (Public Order & Nuisance) (Assemblies & Processions) Rules which states: Any person who participates in any assembly or processions in any public road, public place or place of public resort shall, if he knows or ought reasonably to have known that the assembly or processions is held without a permit, or in contravention of any term or condition of a permit, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Here’s what political blogger Alex Au had to say about the charge,
It is difficult to imagine that the legislative intent of this law was to curb the handing out of flyers, or similar communicative-type activity. I daresay the law was meant to prohibit gatherings that pose a threat to public peace, e.g. gangs out to intimidate or fight, or sit-ins that block traffic. The name of the law, after all, is Miscellaneous Offences (Public Order and Nuisance) Act.
Moreover, in actual practice, no action is taken against the hundreds, if not thousands, of people who stand at metro stations handing out flyers, or even those who interfere with traffic in some way, e.g. stopping people to sell them insurance
The point made by Mr Au definitely makes sense – the execution of laws should target the intended consequence, rather than the offending act itself. Unfortunately, the way the law was applied in the case must be taken into account in evaluating the present facts.
In the judgement passed by District Judge Chng Lye Beng, it is understood that, if a group of five or more persons distribute flyers of a political nature in a public place without a permit, they may likely be in breach of the law. Let us now compare the first three elements of the offence with the facts of the case at hand.
Five or more persons?
After the distribution of the flyers, Mr Lye posted this image on his Facebook page. According to his post, the people featured in this picture are the “(PAP) activists who worked through the night… to distribute flyers.” From this picture, one can easily make out seven people, which suggests that there were more than five people who helped to distribute the flyers. There might also have been more who helped out in the distribution but were not featured in this photo....
http://www.theonlinecitizen.com/2015...buting-flyers/ (http://www.theonlinecitizen.com/2015/03/did-pap-activists-break-the-law-in-distributing-flyers/)
Click here to view the whole thread at www.sammyboy.com (http://sammyboy.com/showthread.php?202748-Did-PAP-activists-break-the-law-in-distributing-flyers&goto=newpost).