Govt rebuts report questioning
independence of Singapore courts
By
Lau Joon-Mie, Channel NewsAsia | Posted: 09
July 2008 2329 hrs
SINGAPORE : The Singapore government has rebutted an
international report questioning the independence of the country's
judiciary system.
A statement from the Ministry of Law described as "absurd" a
suggestion by the International Bar Association Human Rights
Institute - that honourable and upright judges in commercial cases
become compliant and dishonourable when dealing with defamation
cases involving government ministers.
In its first report on Singapore spanning 72 pages, the human
rights arm of the International Bar Association expressed concern
about judicial independence and the limitations on the freedoms of
expression, assembly and the media.
Among its 18 recommendations, the institute suggested that
Singapore abolish criminal defamation as an offence, and that the
government pass legislative limits on civil defamation pay-outs,
particularly in cases initiated by government officials.
In response, the Law Ministry said the lawsuits brought by members
of the ruling People's Action Party (PAP) usually related to
scurrilous and untrue allegations of corruption against them, and
the decisions of the courts were matters of public record which
could be analysed.
The ministry said instead of substantiating the allegation with
evidence, the report's argument that "regardless of any actual
interference, the reasonable suspicion of interference is
sufficient" when it comes to cases involving PAP members or their
associates, is a feeble justification.
Work on the institute's report began in preparation for the
International Bar Association's annual conference in Singapore last
October. While it had circulated a draft to the Singapore
government in February, its final report failed to incorporate some
of the Singapore government's comments made in April - thus
prompting this latest response.
The Law Ministry said that whatever the government's shortcomings,
the overall objective has been to get Singaporeans better educated
and exposed to the globalised world. So the laws and systems are
adjusted to maximise the global forces to make Singapore a thriving
cosmopolitan city, where both locals and foreigners live and work
in a peaceful, safe and open environment.
The ministry added that the government has listened carefully to
all advice and decided on the right balance for its people, and so
far, Singapore had not done badly.
When asked to comment on the report, Singapore's Law Minister K
Shanmugam said the report had noted that Singapore's legal system
is highly regarded for commercial matters. So he said that it is
absurd to suggest that honourable and upright judges who decide on
commercial matters are dishonourable or compliant when it comes to
cases involving Singapore government leaders.
"We didn't run down our institutions; we developed them and made
them world class. That didn't happen by accident... A group of
people coming together to criticise our judiciary or some other
institution cannot mask the fact that we are moving forward, that
our judiciary and legal system are rated very highly," said the law
minister. - CNA /ls