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Supporting Chee Soon Juan's caféSupporting Chee Soon Juan's café I refer to The Independent Singapore’s news, “Singaporeans urged to support Chee Soon Juan's café despite their political preferences” (July 16). The underlying objective of doing any business is to ensure it is viable and profitable. Otherwise, there is no point of undertaking risk for it. It is natural for...

Will PM Wong address the astronomical ministerial salaries?Will PM Wong address the astronomical ministerial salaries? I refer to The TR-Emeritus opinion article, “Will PM Wong address the astronomical ministerial salaries” (June 14) by Mr Yoong Siew Wah. It has always been a controversial topic which concerns about our top political leaders who receive their salaries that are many times higher than those foreign political leaders. Our...

Steering with stability in transition timesSteering with stability in transition times I refer to The Straits Times’ Editorial, “Steering with stability in transition times” (May 16). Let us analyze and interpret this specific subject from a broad perspective, how Singapore should respond and adapt to the evolution of the entire international situation and formulate its foreign policy that is extremely...

We will lead in our own wayWe will lead in our own way I read with interest The Today’s report, “'We will lead in our own way': : Lawrence Wong takes office as 4th prime minister of Singapore” (May 15). We can get some inspiration or enlightenment from the story of the 108 heroes in Water Margin: they originally had their own abilities, aspirations and ambitions. They...

Chinese villagers living on cliffsChinese villagers living on cliffs In the Liangshan Mountains of Sichuan Province in China, there is a small isolated village on a cliff 1,400 meters above sea level. This is the village of Atuler, known as the Cliff Village with 72 families who has been living there for almost 200 years. All travel is by a ladder that leads to the sky at almost right...

Ukraine will cease to exist thanks to the westUkraine will cease to exist thanks to the west Scott Ritter is a former Marine intelligence officer who served in the former Soviet Union, implementing arms control agreements, and on the staff of General Norman Schwartzkopf during the Gulf War, where he played a critical role in the hunt for Iraqi SCUD missiles. From 1991 until 1998, Mr. Ritter served as a Chief Inspector...

Bride's family asked for RMB 500,000 in bride priceBride's family asked for RMB 500,000 in bride price Contrary to popular beliefs, many couples in China are unable to afford to get married. With the exception of rural villages, those in the cities mostly asked for hundreds of thousands in bride price (聘礼/彩礼). According to our techie who has been in China for over a decade, the bride price may include monies intended...

Higher salaries lead Singapore to become top pick for Asian workers looking to moveHigher salaries lead Singapore to become top pick for Asian... I refer to the Independent Singapore’s Featured News SG Economy, “Higher salaries lead Singapore to become top pick for Asian workers looking to move” (Feb 22). In this era of rapid technological advancement, all countries are faced with the dilemma of being hungry for talent. Therefore, top talents in respective...

Where Romance Meets FinanceWhere Romance Meets Finance Sugarbook was launched by Darren Chan in Kuala Lumpur, Malaysia. It is a luxury dating website designed to resolve financial issues through emotional support. It provides a platform to grow your relationships through mutual benefits that are not restricted to mentorship, companionship, wealth and emotional support. It...

Marriage, children and practical concernsMarriage, children and practical concerns A couple bows before their parents and offers them tea, as is traditional in Chinese weddings. I refer to The Straits Times’ Editorial “Marriage, children and practical concerns” (Feb 5). Since the history of human civilisation, the formation of individual family and the issue of procreation have become two...

Not in my backyardNot in my backyard I refer to the TODAY’s Commentary, “'Not in my backyard' — when some groups can protest more loudly, the most vulnerable ones suffer” (Jan 25, 2024). A few good points from the article are worth to be probed further and discussed. In December 2023, the announcement of plans by The National Environment Agency...

Opposition parties seek to strengthen parliamentary presenceOpposition parties seek to strengthen parliamentary presence I refer to The Independent Singapore’s SG Politics column, “Opposition parties seek to strengthen parliamentary presence” (Nov 29, 2023). As we know, Singapore political scene has been firmly dominated by the PAP since 1959. Thus, the opposition parties in Singapore have to face and withstand many challenges ahead...

Educating the next generationEducating the next generation I read with interest the Straits Times’ Editorial, “Educating the next generation” (Jan 5, 2024). Any form of spontaneous learning should provide you with a happy, positive, and memorable experience. However, only a small number of children are in exception. Therefore, based on this, parents should realize the...

GST increase in 2024GST increase in 2024 On 1 Jan 2024 GST rises 1% from 8% to 9%; this is a 12.5% increase in GST. I am not convinced that this is necessary. It will contribute to inflation, and cause economic hardship. The handouts to mitigate this are temporary and the increase is permanent. In 2015, when the possibility of GST rising was an election issue...

Race relations in SingaporeRace relations in Singapore I refer to the Today’s “Commentary: In 1954, David Marshall spoke about race relations in Singapore. Have we made real progress since then?” (Dec 15). For any country to be prosperous and powerful, it must first achieve political and social stability, and its people must live in harmony and be united. Only in this...

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Editorial
Rare typhoon-like storm hits Singapore

Rare typhoon-like storm hits Singapore

Strong winds that people called a mini typhoon hit Singapore on Tuesday evening, September 17, toppling...
Super typhoon Bebinca hit the city of Suzhou in Jiangsu...

Super typhoon Bebinca hit the city of Suzhou in Jiangsu...

After hitting Shanghai on Monday (17th Sept), Typhoon Bebinca hit the city of Suzhou in Jiangsu province....
Why storms and typhoons are wrecking havoc in Asia...

Why storms and typhoons are wrecking havoc in Asia...

Typhoon Bebinca has made landfall in China on Monday (16th Sept). Shanghai has been slammed by the city's...
Super typhoon Bebinca wreaks havoc In Shanghai

Super typhoon Bebinca wreaks havoc In Shanghai

The mega city of Shanghai was brought to a standstill on Monday (16th Sept) as residents at home had...
Severe flooding wrecks havoc in Europe

Severe flooding wrecks havoc in Europe

Severe flooding continues to wreak havoc across central and eastern Europe, following days of torrential...
Iran poised to launch mega-retaliation against Israel

Iran poised to launch mega-retaliation against Israel

Brigadier General Mohammad Reza Naqdi, a high-ranking IRGC commander, has announced that Iran will soon...
Super typhoon Yagi batters Hainan island in China

Super typhoon Yagi batters Hainan island in China

Heavy rains and strong winds swept through Hainan province Friday as a powerful typhoon, dubbed Yagi,...
Putin visits Mongolia despite ICC arrest warrant

Putin visits Mongolia despite ICC arrest warrant

Russian President Vladimir Putin has arrived in Mongolia for a visit, despite the risk of arrest under...
Axis of Resistance vows to escalate attacks on Israel...

Axis of Resistance vows to escalate attacks on Israel...

The Axis of Resistance groups in Iraq have escalated their threats against Israel and the US. They have...
Russia pounds Ukraine for the second consecutive day

Russia pounds Ukraine for the second consecutive day

In one of the biggest air attacks launched by Russia, hundreds of missiles and drones were launched targeting...
Russia pounds Ukraine in retaliation for invasion of...

Russia pounds Ukraine in retaliation for invasion of...

Russia unleashed a massive missile and drone assault on NATO-backed Ukraine amid rising tensions over...
Houthis ready to strike Israel

Houthis ready to strike Israel

Houthi-installed defence minister in Yemen has warned that his forces are ready to strike Israel. Major...
Israel imposes restriction on media to hide damages...

Israel imposes restriction on media to hide damages...

Hezbollah leader Hassan Nasrallah is set to present proof or videos of attacks near Tel Aviv. Israeli...
Hezbollah hints at 'full response' after major rocket...

Hezbollah hints at 'full response' after major rocket...

The Lebanon-based militant group Hezbollah launched hundreds of rockets and drones towards Israel on...
How strong is Singapore's fighter jets?

How strong is Singapore's fighter jets?

Singapore's fighter jets are supposedly the most advanced force in the entire Southeast Asian region. What...
Major escalation fears as Hezbollah pounds Israel with...

Major escalation fears as Hezbollah pounds Israel with...

Hezbollah and Israel both have announced large-scale military operations against each other. Israel is...
WHO Declares Global Health Emergency

WHO Declares Global Health Emergency

Covid Done, New Virus Emerges: 100s Killed, WHO Declares Global Health Emergency. The World Health...
Japan's Prime Minister Fumio Kishida to step down

Japan's Prime Minister Fumio Kishida to step down

Japan's Prime Minister Fumio Kishida was seen as a safe pair of hands when his party installed him three...
Opinions
A random thought on the comedy of error

A random thought on the comedy of error

The comedy of error that is circling around in Singapore although mind-boggling but amuses Singaporeans...
The Great America, No More

The Great America, No More

America was propagated as the Great Nation in the last century when I was born, even though the world...
A glimpse of the obscurantism of Singapore society

A glimpse of the obscurantism of Singapore society

This is not an attempt at self-exaltation but to give a glimpse of the obscurantism of the Singapore...
Excess Deaths in Singapore

Excess Deaths in Singapore

I applaud ST journalist's effort in pursuing this issue of Excess Deaths in Singapore (which is one of...
Throwing out the baby with the bath water

Throwing out the baby with the bath water

Mr Shanmugam says Singapore has laws and policies to prevent riots like those seen in the UK recently...
Let dead dogs lie

Let dead dogs lie

Alas, Pritam should have let dead dogs lie. I am surprised that he is making a bid to have his case...
Total Policy Reset

Total Policy Reset

Lawrence Wong talked about "reset" but up till now, I am still not quite sure what is installed in his...
The divination of a self-exaltation myth

The divination of a self-exaltation myth

The euphoria that accompanied the appointment of Lawrence Wong as prime minister is understandable.because...
Prime Minister Lawrence Wong's (LW) National Day Rally

Prime Minister Lawrence Wong's (LW) National Day Rally

I have more praises than criticisms for Prime Minister Lawrence Wong's (LW) National Day Rally. He...
Build Our Core

Build Our Core

On this very day of celebrating our 59th National Day, we as a people, a country and the Singaporean...
More Singaporeans eligible to vote in next General...

More Singaporeans eligible to vote in next General...

More Singaporeans eligible to vote in next General Election (GE)- CNA online 22 July 2024. There are...
Excess Deaths Comparison Chart

Excess Deaths Comparison Chart

This is the Excess Deaths Comparison Chart that MOH has neither disputed nor commented on. It...
Focusing on frail, senior patients

Focusing on frail, senior patients

Tan Tock Seng (TTS) focuses on frail, senior patients as it celebrates 180th anniversary- ST online,...
Who is replacing us?

Who is replacing us?

My fellow Singaporeans,we face an existential threat,that is exacerbated by PAP policies. The number...
Attempted Assassination of Donald Trump

Attempted Assassination of Donald Trump

We first thought the attempted assassination of Trump was a "Lone Wolf" incident. However, there are...
Allianz offers to buy a stake in Income Insurance

Allianz offers to buy a stake in Income Insurance

Allianz offers to buy a stake in Income Insurance- 18 July 24, Straits Times. Allianz has done its...
I am not a 'woke'

I am not a 'woke'

I am known to be a Democratic Socialist. Democracy comes before Socialism. Traditionally, people regard...
Assassination attempt on Donald Trump

Assassination attempt on Donald Trump

I strongly condemn the assassination attempt on Donald Trump, the United States Republican presidential...
Letters
Supporting Chee Soon Juan's café

Supporting Chee Soon Juan's café

I refer to The Independent Singapore’s news, “Singaporeans urged to support Chee Soon Juan's café...
Will PM Wong address the astronomical ministerial salaries?

Will PM Wong address the astronomical ministerial salaries?

I refer to The TR-Emeritus opinion article, “Will PM Wong address the astronomical ministerial salaries”...
Steering with stability in transition times

Steering with stability in transition times

I refer to The Straits Times’ Editorial, “Steering with stability in transition times” (May 16). Let...
We will lead in our own way

We will lead in our own way

I read with interest The Today’s report, “'We will lead in our own way': : Lawrence Wong takes office...
Higher salaries lead Singapore to become top pick for...

Higher salaries lead Singapore to become top pick for...

I refer to the Independent Singapore’s Featured News SG Economy, “Higher salaries lead Singapore...
Marriage, children and practical concerns

Marriage, children and practical concerns

A couple bows before their parents and offers them tea, as is traditional in Chinese weddings. I...
Not in my backyard

Not in my backyard

I refer to the TODAY’s Commentary, “'Not in my backyard' — when some groups can protest more loudly,...
Opposition parties seek to strengthen parliamentary...

Opposition parties seek to strengthen parliamentary...

I refer to The Independent Singapore’s SG Politics column, “Opposition parties seek to strengthen...
Snippets
Singapore Tightens Casino Regulations to Combat Money...

Singapore Tightens Casino Regulations to Combat Money...

In a move to strengthen its position as a well-regulated financial hub, Singapore is set to implement...
The All-Time Top Singaporean Poker Players

The All-Time Top Singaporean Poker Players

Poker is one of the world's most popular games with games being played recreationally and professionally....
How to Increase Image Size without Compromising Quality

How to Increase Image Size without Compromising Quality

In our digital world, crisp, top-notch images make your content pop, whether on a website, social media,...
Chinese villagers living on cliffs

Chinese villagers living on cliffs

In the Liangshan Mountains of Sichuan Province in China, there is a small isolated village on a cliff...
Ukraine will cease to exist thanks to the west

Ukraine will cease to exist thanks to the west

Scott Ritter is a former Marine intelligence officer who served in the former Soviet Union, implementing...
Bride's family asked for RMB 500,000 in bride price

Bride's family asked for RMB 500,000 in bride price

Contrary to popular beliefs, many couples in China are unable to afford to get married. With the exception...
The fall of Alibaba's Jack Ma

The fall of Alibaba's Jack Ma

The story of how Jack Ma betrayed everyone that helped and gave him what he has today. The video also...
中國唯一的一妻多夫制的地方

中國唯一的一妻多夫制的地方

A land enshrouded in spirituality, Tibet is home to distinct cultural traditions and astounding natural...
Sticky & Recent Articles

Integration between Singaporeans and immigrants to begin in schools

Integration between Singaporeans and immigrants to begin in schools

The "integration" obsession which has grown to engulf the entire nation will soon be spreading to Singapore schools as well. Due to the PAP's liberal immigration and pro-foreigner policies, foreigners now make up 36 percent of Singapore's population, up from 14 percent in 1990. As too many immigrants were accepted within too short a period of time, Singapore is now experiencing serious problems on how to integrate all of them into society. During a symposium held yesterday, educators agreed that "the classroom is a natural starting point for integration, according to a Channel News Asia report." Senior Minister of State for Education Grace Fu said: "As young children, they will look at their friends as friends. They don't really care what race, what religion, what culture they come from. And I think that's precisely the point that we think social integration can take place and can take place well." Ms Fu was the Guest of Honor for a "Water Festival" held last week by Bukit Batok grassroots organizations for foreigners living in Singapore. She told a netizen that the event was a a way of Singaporeans showing their "respect" to foreigners. The inaugural Symposium on Integration in Schools is organised by the National Integration Working Group for Schools, a committee under the National Integration Council. The PAP unveiled a mega $10 million dollar Community Integration Fund last year to make the newcomers feel welcomed and accepted in Singapore. In other countries, immigrants are expected to adapt themselves to their host country. It is the other way round in Singapore. Not only are Singaporeans exhorted repeatedly by PAP leaders to embrace the immigrants, they are expected to compete directly with them as well in all aspects of life such as public housing, jobs and primary school places. Despite rising disgruntlement on the ground, the PAP continues to insist that foreigners are "essential" to Singapore and Singaporeans should accept them as they are descendents of immigrants as well.   Please join our Facebook page here and invite your friends to do so to create awareness of the current affairs affecting Singaporeans. Please use our online web form to contact us.   The UBS Series: >> Part 1: Singapore has lowest wages and domestic purchasing power among Asian Tigers >> Part 2: Moving towards a Russian standard of living >> Part 3: Why Singaporeans are paupers in a first world economy   Related articles: >> Teo Chee Hean aspired to build immigrant society for all races >> Citizens and immigrants bond via quiz on Singapore >> Urgent need for population debate in Singapore >> The fallacy of using lax immigration policies to solve low fertility and aging population issues >> PAP mass-recruiting Taiwanese PMETs to compete with Singaporeans >> Halimah Yacob: Not true that employers hiring foreigners over Singaporeans >> Conversation with a PRC prostitute given Singapore PR by the PAP >> Teo Chee Hean: PAP’s immigration policy has always been “strict” >> How the PAP allows foreigners into Singapore to compete with locals for jobs >> Why Singaporeans ‘fear’ of new immigrants is absolutely rational >> SM Goh reassures immigrants that they are still welcomed in Singapore >> Singaporean working in China lashed out at grouses of Singapore PRs >> Eight reasons why foreign workers will be preferred over local ones >> Declining wages of Singaporeans and the continued denial by PAP leaders >> Halimah Yacob refutes UBS study findings >> Halimah Yacob: Productivity drive will be derailed if foreign worker challenge not addressed  >> Exposing the six major flaws in the PAP’s immigration policies >> Wong Kan Seng promises to tighten immigration policies >> SM Goh: Foreign workers numbers may still rise >> Malaysian car mechanic applying for Singapore citizenship >> PAP launches Singapore Citizenship Journey to help new citizens integrate >> Compulsory for new citizens to attend “sharing sessions” with grassroots leaders >> Wong Kan Seng urged Singaporeans to be more tolerant of foreign workers >> Tharman: Foreign workers increase income of low-income families >> Sylvia Lim: Pace and influx of foreigners over last few years is wrong >> Amy Khor urges Singaporeans to welcome foreigners >> PAP MP wants more money to be spent to make new citizens feel welcomed in Singapore >> Shanmugam: Foreigners generate jobs for Singaporeans >> Vivian happy there are 4,500 new citizens serving as grassroots leaders >> Cosmetic changes made to immigration policy >> SM Goh: New immigrants needed to make up population shortfall >> PAP ministers hailed contributions of foreigners >> SM Goh expressed support for Zhang Yuanyuan >> State media: citizens have more rights over PRs >> Zhang Yuanyuan got her Singapore PR in only 2 months >> Official reply from government on the Zhang Yuanyuan fiasco >> Singapore PRC PR proclaimed loyalty to China publicly >> PRC resident hung China flag to celebrate its National Day >> PRC student in Singapore wants more scholarships for foreigners >> PRC prostitutes solicit for customers on Singapore’s cyberspace >> ERA: 40 per cent of resale flats buyers are PRs  Read More →

台湾学者批评新加坡司法制度

台湾学者批评新加坡司法制度

来源:《反腐镜鉴的新加坡法治主义–一个东方版本的法治国家》2009年由北京的法律出版社出版,作者陈新民,台大法律系毕业,德国慕尼黑大学法学博士。 书的第四章为新加坡的司法制度,共有五节,分别为法官制度,法院体系,司法独立,审判制度的待点,以及小结。这其中的法官制度和司法独立两节是核心议题。 【1】 法官制度一节里,作者指出:‘《新加坡宪法》并未对首席大法官以及其他高等法院的法官任期有任何的规定。…总统可以根据不同的情况,来决定首席大法官的任 期。至于其他最高法院法官,就没有此规定,因此…当认为其他最高法院法官的任期采终身制’,…不过‘最高法院法官遇有行为不良,能力不是…调查后,方得免 职之…’。 另外,有关次级法官:‘与最高法庭的法官已由宪法明白规定任用期及获得身份的保障完全不同的为其他下级法院法官…由普通法律《法院法》来规定…下级法院法官乃典型的司法官,与检察官一样,亦可调派行政机关任职。 作者在这一节的主要分析是指出首席大法官和最高法院法官不同,前者没有而后者却享有宪法明文规定是终身制。另外,次级法官是由《法院法》规范,不享有宪法给予高院法官的保障。 【2】新加坡司法权的独立一节里,作者从几个方面来来探讨有关课题。 首先,制度上的缺点:作者认为两种法官的区分:最高法院法官和下级法院法官两种等级,‘是违反了民主国家将法官不分上级审与下级审,一律平等看待’。作者的 理由是下级法院法官享有终身制保障,而宪法没有明文规定最高法院的终身职。因此,‘显见新加坡宪法对于所有法官的终身任期制度,并不热衷。因此,能否真正 保障司法独立,屡遭怀疑’。作者的立论是:没有终身制保障的司法制度缺乏独立性。 其次,司法委员制度的‘人选完全是由总理与首席大法官来掌握,其任期亦然…更容易为政府当局所滥用,因此,此与法官终身制任期完全相反的司法委员制度,亦为民主国家所少见’。作者的立论是:缺乏独立性的司法人选任命会妨碍司法独立性。 ‘再次:新加坡的司法权力,基本上交在首席大法官之手,如果大法官不得其人,极可能误导了国家的司法权力,尤其是大法官掌握了各级法庭法官的人选提名权,此职位的重要性更形显著’。作者的立论是:上樑不正下樑歪,大法官人选如果不当会破坏司法独立性。 ‘最后,对于司法的功能,是否包括监督政府的公权力的实施的问题;服膺权力分立的法治国家,司法权力不仅作为解决人民权利争讼的体制,也包括了在法律规定的前 提下,监督政府公权力的施行,有无逾越法律的限度,甚至违反宪法的规定。这是新加坡司法体制最为脆弱的一环’。作者的立论是:司法功能必须包括监管公权 力,缺乏了这一权力是会危及司法的独立性。 此外,在进一步分析司法和政治之间的关系时,作者亦指出: 〔一〕由于司法‘对立法行为的绝对尊重,无法律违宪审查权的制度’,所以造成法院‘不挑战立法者权威,也就不捋执政党的虎须’。这是说法院不过问立法的政治过程。 〔二〕 由于‘法院对行政裁量不行使审查权’,所以法院对行政机关行使权力,的‘不合法’,‘不理性’,‘程序不当’,‘尽可能合比例’等等行政原则是否有违公平 正义的问题采取不审查的态度。作者引用了一则判决书来说明:‘部长行使裁量权是否正确无误,或是妥不妥当,以及到底有没有行使裁量权,最高法院都不能替代 部长去作出判断…’。这也就是说法院不过问部长的行政决策权力,其行政决策的政治过程,以及行政决策是否公正。 〔三〕‘司法作为行 政权报复的工具 …逮捕政治异认人士,且不经审判就予以长期拘留…新加坡完全己经背判了“依法而治”的精神’。作者在有关诽谤诉讼作为执政党打击异已的工具时提及:‘…人 民行动党及李光耀、吴作栋对反对党人士,在选战中所发表的言论,认为是诽谤其名誉,往往在选战大胜后,向法院提出巨额的民事赔偿诉讼,且无一遭到败诉的命 运。作者以1997年1月吴作栋告惹耶勒南一案为例:‘就凭这句话中提到吴作栋的名字,吴作栋便请求法院要求惹耶勒南支付20万元的赔偿金…’。此外, ‘不仅反对党如此,即连国际上大名鼎鼎的国际媒体…几乎无一例外地遭到李光耀起诉及被判处…。新加坡法院不能独立于行政权力之外,早已扬名国际’。这些文 字清楚表示了司法沦为执政党的政治工具。 〔四〕作者以德国对行政权的严格控制来对比新加坡体系。德国在总结了‘纳粹政权的独裁统 治,造成行政权独大,而由行政命令取代了法律…发展出此限制行政滥权的制度’。相比之下,新加坡‘与法院尊重行政权,以及对行政裁量权不行使审查权的情况 有关,乃是立法对于行政权的全盘性信任’。这是说新加坡并不师法德国的原则;由于新加坡的行政命令可以享有法律约束力,所以行政命令等同法律。因此,按德 国的历史经验来看,新加坡司法体系有利独裁统治的发展。 【3】小结一节里,作者指出:‘新加坡的法院体系及基本的审判行为,都是高度的从属政治权力与配合政治目的’。这一点明确的指出司法制度是受制于政治权力。 在分析法院为何会恶意的对待人民诉讼时,作者的解释是:‘这个现象竞然出现在新加坡待别不可思议的主因,乃李光耀本是一个杰出的律师出身,理应赞同被告的上 诉与抗辩权,正是自由主义及启蒙主义后孕育的西方司法精神的真髓,使人民能够大无畏地为自已的权利奋斗。但李光耀所建立的新加坡司法精神,反而背道而驰, 是否意味着李光耀已摒弃西方司法精神,才会有这种“被告刁民论”的极端心态?’。 从被告刁民论而言,李光耀应该是相信人性本恶的 说法,所以才有必要以严刑峻法来教化人民和管束社会。如此看来,新加坡是否并不是好些学者所说的依法而治,而是以法凌人?前者是依法治国 ,而后者是以法治国,两者分别代表两种全然不同的人权意识,这或许就是新加坡司法精神和西方文明的最大不同之处。 作者在对新加坡司法提出点到为止批评的同时,也使用了好多赞美的言辞,看来也是为了‘不捋执政党的虎须’。 补充者:《新加坡文献馆》 作者是从台湾的司法经验看新加坡司法体系,为此,或许可以在原作的概述上略加一些潜伏着的新加坡现象作为补充,从而可以更深一层的解读新加坡司法现状。 其一,在英国司法体系下,为了保证司法确实独立,首席大法官和最高法院法官的任期和薪俸都获得绝对保障以避免来自政客与官僚的压力和杜绝外界对司法的干预。为此,明文规定法官是终身制,以及法官薪俸是由一个独立基金来管理与支付。 然而,新加坡司法情况恰恰相反。在机制上,总统可以根据首席大法官的‘年龄,健康,主观意念等’来更改其任期,同样的,总统也可以通过一个调查委员会的决定 来更改最高法院法官的任期。换言之,总统可以通过一定的作业程序更改首席大法官和最高法院法官的任期。显然的,法官是没有终身制的保障。 次级法官是司法官僚,政府只要一纸公文就可以通过职位调换,立即撤消任何官员的次级法官职务,所以这类司法职位更没有法律保障。当然,这其中原由就是政治因素的考量。 另外,更重要的是,新加坡法官的薪俸待遇和支付都是由财政部长统筹管理。 由此可见,英国的三权独立政体,和新加坡的一党专政政体确实是南辕北辙。 其二,在解读新加坡司法体制时有必要明确认知其政治现实。那就是,在新加坡的一党专政下,执政党可以随时任意的修改或者甚至于取消宪法。因此,宪法下的所有 权力保障都是虚无缥缈的,并不是绝对的,本质上,宪法可以看成是纸上谈兵。明显的,这和西方文明里,宪法权力有绝对保障的司法精神是全然不同的。 其三,李光耀在交出总理职务前,先行推出民选总统制,而根据一些文献的说法,其政治目的是要另外设立一个权力中心,以便在必要时以总统权力牵制一个非人民行动党政府的运作。在这一新变素下,潜在的,来自总统的政治权力必然会对政府以及司法运作产生巨大的影响。 其四,根据Ross Worthington(2003: 127) 的说法,新加坡有一类法官属技术性法官,这类法官在接受司法委任时,事先表明不愿意承审任何具政治意识的案件。这也就意味着新加坡有另一类专门承审有政治 意识案件的法官。萧添寿 (Francis Seow, 1999: 117) 指出,‘案件由谁审讯是由高庭的主簿官委派,而不是通过抽签或者按分类规定委派。因此,一些有敏感性的案件会由一名法官如TS幸那杜里去承审…其审判结果 是可以预知的。那些公正,独立与有个性的法官是绝对不会受到委派去处理这类案子’。 其五,Chris Lydgate (2003: 122) 有这么一段文字讲述了初院法官调职为检控官的历史经过:‘1984年8月7日,惹耶勒南在海峡时报看到一则有关高级初庭法官Michael Koo的报导 – 这名法官把对他的4项控诉中的3项判决无罪 – 已经被调换到总检察长办公室。根据报导,这个职位调换来得很突然,让许多法律界的人士感到惊讶。这则新闻令人震撼。邱法官的职位应该是往高院调动,或者其 他比较高层的职位。但邱却是受委为一名检控官,而且 – 当时惹耶勒南还未知悉 – 顶替此空缺的是一名低两级的官员。曾经身为法官的惹耶勒南对此次职位调动的政治意义感到迷惑。邱之所以被调动是否是因为对他的审讯判决太轻?这是否为了要 对其他法官给予暗示?’。 新加坡司法体系之所以如此,按官方说辞,那是因为新加坡有非常特殊的环境,所以其政府制度,包括司法体系也就必然的‘非常新加坡’。诚然,新加坡的司法文明和西方司法文明确实是两码事。 后记:有关民选总统和新政权政府之间的可能争执,以及新加坡政权是否能和平转移的探讨,请参阅文献集的《新加坡和平政权转移的虚实》。 Please join our Facebook page here and invite your friends to do so to create awareness of the current affairs affecting Singaporeans. Please use our online web form to contact us.  Read More →

Tinkering with the CPF rate

Tinkering with the CPF rate

By Sue-Ann Chia from Straits Times LABOUR chief Lim Swee Say's call for the partial restoration of the employers' Central Provident Fund (CPF) contribution rate seemed to come out of the blue. Not that workers are complaining. They believe it makes sense to raise the employers' CPF contribution rate now that the economy is booming again. Also, they might view the move as a reward for the sacrifices they made during the economic crisis. Employers, however, are not so happy. They naturally wince when there is any talk of cost increases. But Mr Lim's call also caught them off guard. Having just come through the recession, they think their businesses need more time to regain a firm footing. Both sides have a point. But whose argument will prevail? Read rest of article here.  Read More →

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