In a book, Slaying The Dragon published by the Ministry of Home Affairs in 2006, Deputy Prime Minister and Minister for Home Affairs Wong Kan Seng said: "No drugs, zero tolerance - period. And those who ignore this will pay a heavy price. It doesn't matter who the person is - local, forigner, high level or otherwise, Every drug abuser will be treated the same way."
A case was cited in the book regarding an Australian, Nguyen Tuong Van, who was hanged after he was arrested for drug trafficking with almost 400 g of pure heroin at Changi Airport in 2005.
Nguyen, who was smuggling drugs to Australia, was in Singapore to make a flight transfer.
The government came underfire and the decision drew criticism from Australians and there were also calls for abloishing the death penalty for drug traffickers. The execution went ahead amid voices who denounced the Singaore's death penalty for traffickers as "barbaric".
"If we are soft-kneed because others pressure us, we cannot survive a sovereign nation. The death penalty played a role in weeding out drugs. Just look at the number of syndicate leaders in Singaopre. The number has gone down because of the tough measures that we have taken. And the message is clear not just to Singaporeans, but to all those traffickers who want to use Singaporea as a transit point. The argument, that "I am not bringing drugs to Singapore and therefore I am not killing Singaporeans," cannot be accepted. If traffickers are bringing drugs to other countries and killing their citizens, as a responsible member of the international community, Singapore will have to do something."
Responding to calls for abolishing the death penalty, Ministor Wong said: "No country has the right to telll another country what law they should have, or whether it is harsh or not. Every country has its own system, and again, the social context of every country is different, The societal attitutde and the level o acceptance of their penal regime are also different."
Thursday, April 29, 2010
Wednesday, April 21, 2010
What about Vui Kong?
Should Yong also be given a second chance now that he has repented and even won respect from inmates, prison guards and warden? Should judges consider severity of each case and background of each drug trafficker when deciding what punishment should be handed down?
The debate has actually been going on for long time in Singapore and discussion began once in a while when certain cases have some special circumstances.
According to a piece by the editor-at-large of The Online Citizen,Choo Zheng Xi, the mainstream media had not been following the case, "the vast majority of Singaporeans have not been given an opportunity to debate whether or not we believe 19-year-old Vui Kong should be put to death. Put to death without regard for his lack of prior criminal records, his tragic family background, the possiblity that he can be reformed, or whether or not an alternative punishment would suffice," he said, in an editorial dated back in December 2009.
"Singaproeans need to be asked to weigh two competing visions of our criminal justice system and decide which best represents our values: a compassionate Singapore where a sceond-chance is possible and punishment fits both the crime and the criminal, or a zero tolerance one-size-fits-all system of vengance," he continued.
Learning the story behind Yong’s gangster lifestyle might shed a little light on how the young man ended up in the situation where he is now and perhaps a second thought on the death penalty that has been handed on him.
More on the story of Yong Vui Kong
Yong Vui Kong’s brother on camera
The debate has actually been going on for long time in Singapore and discussion began once in a while when certain cases have some special circumstances.
According to a piece by the editor-at-large of The Online Citizen,Choo Zheng Xi, the mainstream media had not been following the case, "the vast majority of Singaporeans have not been given an opportunity to debate whether or not we believe 19-year-old Vui Kong should be put to death. Put to death without regard for his lack of prior criminal records, his tragic family background, the possiblity that he can be reformed, or whether or not an alternative punishment would suffice," he said, in an editorial dated back in December 2009.
"Singaproeans need to be asked to weigh two competing visions of our criminal justice system and decide which best represents our values: a compassionate Singapore where a sceond-chance is possible and punishment fits both the crime and the criminal, or a zero tolerance one-size-fits-all system of vengance," he continued.
Learning the story behind Yong’s gangster lifestyle might shed a little light on how the young man ended up in the situation where he is now and perhaps a second thought on the death penalty that has been handed on him.
More on the story of Yong Vui Kong
Yong Vui Kong’s brother on camera
Picture credit: The Online Citizen
Heal their pains
Founder and school supervisor of Hong Kong Christian Zheng Sheng College, the only private school for young drug abusers, Jacob Lam Hay-sing, who has been working with drug abusers since 1980s, said most young drug abusers were also traffickers for they needed income to support their own drug use.
“Drug abuse or drug trafficking or whatever crime a youngster commits, it is just a symptom telling us that they need help. There are something wrong with their lives or their hearts. The reasons can be poor parenting, dysfunctional families or other personal problems that drive them to hook up to drug or commit drug-related offences,” Mr Lam said.
The Christian faith-based school with 130 students provides formal education to young drug abusers so that they can sit for public examination and some of their students managed to secure good grades that give them places in universities.
“Education is about remodeling the mindset and attitude towards life of a person and guides these troubled teens back to the right track.hem No mainstream secondary school will be willing to admit them, so we must provide them another chance to study again. Most drug rehabilitation centers only provide vocational training programs and lessons that cannot help students return to mainstream school system,” Mr Lam said.
“Giving a status and a title of student back to a young drug abuser or drug trafficker, regardless of their age, is important. With the student identity, troubled teens can engage themselves in studies and even inter-school activities which most young drug abusers or traffickers have never experienced when at school for they are mostly school failures or drop-outs,” he said.
Michael Lim, Director of pastoral care and outreach department of Teen Challenge (Singapore), a Christian group which runs a rehabilitation centre for drug abusers, gambling addicts and alcoholic at Old Choa Chu Kang Road agreed.
“Most young drug abusers turn to drug due to bad parenting and family problems,” Mr Lim said adding that the centre provides character building and training programs to build up their clients’ incentives to lead a better life and develop good habit in daily life.
The centre now houses former offenders who have drug addiction, alcoholic and gambling problems as well. The clients are aged between 18 and 65 attending a one-year residential program at the site.
“I consider our service quite successful, though it takes many years to work on some difficult cases. I think it is important to give them a chance and help them lead a better life,” Mr Lim said.
“Drug abuse or drug trafficking or whatever crime a youngster commits, it is just a symptom telling us that they need help. There are something wrong with their lives or their hearts. The reasons can be poor parenting, dysfunctional families or other personal problems that drive them to hook up to drug or commit drug-related offences,” Mr Lam said.
The Christian faith-based school with 130 students provides formal education to young drug abusers so that they can sit for public examination and some of their students managed to secure good grades that give them places in universities.
“Education is about remodeling the mindset and attitude towards life of a person and guides these troubled teens back to the right track.hem No mainstream secondary school will be willing to admit them, so we must provide them another chance to study again. Most drug rehabilitation centers only provide vocational training programs and lessons that cannot help students return to mainstream school system,” Mr Lam said.
“Giving a status and a title of student back to a young drug abuser or drug trafficker, regardless of their age, is important. With the student identity, troubled teens can engage themselves in studies and even inter-school activities which most young drug abusers or traffickers have never experienced when at school for they are mostly school failures or drop-outs,” he said.
Michael Lim, Director of pastoral care and outreach department of Teen Challenge (Singapore), a Christian group which runs a rehabilitation centre for drug abusers, gambling addicts and alcoholic at Old Choa Chu Kang Road agreed.
“Most young drug abusers turn to drug due to bad parenting and family problems,” Mr Lim said adding that the centre provides character building and training programs to build up their clients’ incentives to lead a better life and develop good habit in daily life.
The centre now houses former offenders who have drug addiction, alcoholic and gambling problems as well. The clients are aged between 18 and 65 attending a one-year residential program at the site.
“I consider our service quite successful, though it takes many years to work on some difficult cases. I think it is important to give them a chance and help them lead a better life,” Mr Lim said.
Dead or Alive?
The report also proposed to introduce new legislation on the compulsory drug testing of a person reasonably suspected of having consumed dangerous drugs with the purpose of the compulsory drug testing scheme is to enable early intervention for treatment and rehabilitation, instead of facilitating prosecution
While Hong Kong is still considering issues relating to compulsory drug testing such as the extent of coverage, human rights concerns, read-across implementations for law and enforcement, resources and implementation details, Singapore already has its law in place.
In Singapore, under the Misuse of Drugs Act, consumption of controlled drugs is an offence. There is a general provision whereby any Centre Narcotics Bureau officer, immigration officer or police officer not below the rank of sergeant may require a person suspected of drug consumption to provide his urine sample for tests.
Urine samples will first be tested on the Instant Urine Test machine as preliminary screening. After a person has been tested positive on the IUT machine, two samples of his urine will be sent for confirmatory tests. A confirmed drug abuser may be required to be subject to supervision, or to be admitted and detained for treatment and rehab.
A citizen or a permanent resident of Singapore commits this offence even if the consumption takes place outside Singapore.
While a drug trafficker might be sentenced to death in Singapore, the maximum penalty for trafficking in or manufacturing dangerous drugs under the Hong Kong anti-drug laws is maximum penalty is life imprisonment and a fine of $5 million.
In Hong Kong, Maximum penalties for possessing a dangerous drug is a fine of $1 million and seven years’ imprisonment, for opening or managing a divan – a fine of $5 million and 15 years’ imprisonment, and for cultivating the cannabis plant or the opium poppy, a fine of $100,000 and 15 years’ imprisonment.
The emphasis on tight rules in Singaporean legal system on drug-related offences, especially the mandatory death penalty, leaves no room for rehabilitation and repents, while the Hong Kong model stresses more on early intervention for treatment and rehabilitation.
Offences punishable for conviction under the anti-drugs laws in Singapore
While Hong Kong is still considering issues relating to compulsory drug testing such as the extent of coverage, human rights concerns, read-across implementations for law and enforcement, resources and implementation details, Singapore already has its law in place.
In Singapore, under the Misuse of Drugs Act, consumption of controlled drugs is an offence. There is a general provision whereby any Centre Narcotics Bureau officer, immigration officer or police officer not below the rank of sergeant may require a person suspected of drug consumption to provide his urine sample for tests.
Urine samples will first be tested on the Instant Urine Test machine as preliminary screening. After a person has been tested positive on the IUT machine, two samples of his urine will be sent for confirmatory tests. A confirmed drug abuser may be required to be subject to supervision, or to be admitted and detained for treatment and rehab.
A citizen or a permanent resident of Singapore commits this offence even if the consumption takes place outside Singapore.
While a drug trafficker might be sentenced to death in Singapore, the maximum penalty for trafficking in or manufacturing dangerous drugs under the Hong Kong anti-drug laws is maximum penalty is life imprisonment and a fine of $5 million.
In Hong Kong, Maximum penalties for possessing a dangerous drug is a fine of $1 million and seven years’ imprisonment, for opening or managing a divan – a fine of $5 million and 15 years’ imprisonment, and for cultivating the cannabis plant or the opium poppy, a fine of $100,000 and 15 years’ imprisonment.
The emphasis on tight rules in Singaporean legal system on drug-related offences, especially the mandatory death penalty, leaves no room for rehabilitation and repents, while the Hong Kong model stresses more on early intervention for treatment and rehabilitation.
Offences punishable for conviction under the anti-drugs laws in Singapore
Spot the young drug abusers and traffickers
Responding to the problem, a voluntary drug-testing scheme was launched in all secondary schools in Tai Po which is one of the 18 districts in Hong Kong, covering a total of 23 schools and about 22,000 students.
Under the scheme, a consent form is given to all students and parents. Students are randomly selected to undergo urine test conducted by two nursing staff of an outreaching team which also consists of two social workers twice a month.
Students have the right to refuse to be tested after being selected for testing.
All data collected will not be used for making prosecution even results are positive.
Commissioner for Narcotics Sally Wong stressed the scheme aimed to help students with drug abuse problems by spotting them out and offering them counseling and assistance, but not to punish them.
The drug-testing scheme was introduced after the Task Force on Youth Drug Abuse, led by Secretary for Justice Wong Yan-lung, published a report in 2008 on how to combat drug abuse.
One of the recommendations made was introducing a school-based drug testing schemes for voluntary adoption by schools.
Under the scheme, a consent form is given to all students and parents. Students are randomly selected to undergo urine test conducted by two nursing staff of an outreaching team which also consists of two social workers twice a month.
Students have the right to refuse to be tested after being selected for testing.
All data collected will not be used for making prosecution even results are positive.
Commissioner for Narcotics Sally Wong stressed the scheme aimed to help students with drug abuse problems by spotting them out and offering them counseling and assistance, but not to punish them.
The drug-testing scheme was introduced after the Task Force on Youth Drug Abuse, led by Secretary for Justice Wong Yan-lung, published a report in 2008 on how to combat drug abuse.
One of the recommendations made was introducing a school-based drug testing schemes for voluntary adoption by schools.
Drug abuse figures in Singapore and Hong Kong
Court decision on Yong’s appeal case will either reinforce the role of mandatory death penalty or lead to a revamp of the law, as he will be a landmark case if his death sentence is to be reviewed.
Whether the tough penalties imposed on offenders of such crime in the Lion City are effective in combating drug problems, nothing conclusive has been proved in this aspect.
Statistics and figures from the Central Narcotics Bureau (CNB) in Singapore, however, do show that the problem seems to be in control.
A total of 1,883 drug abusers were arrested in 2009 and 553 of them were new abusers, according to figures from the CNB, compared with 1,417 and 508 respectively in the previous year – marking a slight drop of 2 per cent.
But there is no information on the number of drug traffickers arrested and demographics.
Since figures and data collection in Hong Kong and Singapore is different and it will not be fair to compare the two purely on figures and data.
But for the sake of giving an overview, 13,909 cases of reported drug abusers were recorded at the Central Registry of Drug Abuse and 4,396 were newly reported in Hong Kong,a city with a population of nearly 7 million, in 2009.
The most popular drug in the Lion City is heroin counting for 57 per cent of drug use by abusers, while Ketamine, a popular psychotropic substance among young drug abuser, tops the list in Hong Kong with 83.5 per cent.
The scenario might be best explained by the age of drug abusers in the two cities.
In Singapore, of the 1800-odd arrested drug abusers in 2009, 823 were aged 40 or above, while only 90 were aged below 20, while 4,097 were in the group of over 41 and 3,359 were below 20 in Hong Kong.
The Hong Kong government recognizes the problem among young drug abusers is serious, as statistics for the year 2009 show 5,019 teenager first took drug when they were under 16 and 5,232 for the group 16 to 20.
Too many presumptions in the law
Loh also pointed out the anti-drug law itself was problematic, as there were too many presumptions imposed on the offender.
"There is a whole list of 20 drugs [under the law], all with prescribed limit, once you have reached the limit, you are presumed to be trafficking. If you are presumed to be trafficking and if you are guilty, it is mandatory that you die. There is no other sentence. It’s ridiculous,” he said.
“If you look at the Misuse of Drug Act, you look at the clauses with presumption there. Everything is presumed. It is like…catch you at Changi Airport with 50gm of heroine…I can presume that you know this is heroine…I can presume that you are drug trafficking…presume everything. In Singapore, the law has been done the other way round. You are guilty until proven innocent. Who proves you are innocent? You!”
Loh said drug trafficking case should be handled with care, as most offenders were young and uneducated from poor countries who were ignorant of the laws in Singapore.
“In the case of Vui Kong, he comes from a small village in Sabah. Singapore is a foreign country for him. He has no money to engage a lawyer, yet the whole burden of proof is on him. It is almost impossible. That is why in most drug cases, the prosecution always wins - as it depends on the offenders to prove they are innocent.”
Another peculiar feature of the case concerning Yong, Loh said, was that when the young man was arrested, he was caught at Orchard Road together with a friend who was driving. “His friend only got a two-year jail term, while he got death penalty,” Loh said.
Sources close to the case revealed that Yong’s friend allegedly turned to the prosecution by providing information that could be used that would lead to conviction of Yong in return for a lighter sentence.
“If it’s mandatory for offenders to die for the same crime then both should be killed. That makes me feel very upset,” he added.
In an interview, Rev. Dr Edward Job executive director of Christian Care Services (Singapore) also called on the government to amend the present anti-drug laws and judges should be given discretion powers during an interview with the news blog.
Rev. Dr Job, who also has experience handling cases involving drug traffickers on death row, believed severity of each case should be examined when handing down penalty and the court should also take background of offenders into consideration when making a decision.
Full interview
http://theonlinecitizen.com/2010/03/the-mandatory-death-penalty-campaign/
"There is a whole list of 20 drugs [under the law], all with prescribed limit, once you have reached the limit, you are presumed to be trafficking. If you are presumed to be trafficking and if you are guilty, it is mandatory that you die. There is no other sentence. It’s ridiculous,” he said.
“If you look at the Misuse of Drug Act, you look at the clauses with presumption there. Everything is presumed. It is like…catch you at Changi Airport with 50gm of heroine…I can presume that you know this is heroine…I can presume that you are drug trafficking…presume everything. In Singapore, the law has been done the other way round. You are guilty until proven innocent. Who proves you are innocent? You!”
Loh said drug trafficking case should be handled with care, as most offenders were young and uneducated from poor countries who were ignorant of the laws in Singapore.
“In the case of Vui Kong, he comes from a small village in Sabah. Singapore is a foreign country for him. He has no money to engage a lawyer, yet the whole burden of proof is on him. It is almost impossible. That is why in most drug cases, the prosecution always wins - as it depends on the offenders to prove they are innocent.”
Another peculiar feature of the case concerning Yong, Loh said, was that when the young man was arrested, he was caught at Orchard Road together with a friend who was driving. “His friend only got a two-year jail term, while he got death penalty,” Loh said.
Sources close to the case revealed that Yong’s friend allegedly turned to the prosecution by providing information that could be used that would lead to conviction of Yong in return for a lighter sentence.
“If it’s mandatory for offenders to die for the same crime then both should be killed. That makes me feel very upset,” he added.
In an interview, Rev. Dr Edward Job executive director of Christian Care Services (Singapore) also called on the government to amend the present anti-drug laws and judges should be given discretion powers during an interview with the news blog.
Rev. Dr Job, who also has experience handling cases involving drug traffickers on death row, believed severity of each case should be examined when handing down penalty and the court should also take background of offenders into consideration when making a decision.
Full interview
http://theonlinecitizen.com/2010/03/the-mandatory-death-penalty-campaign/
The Defence
Speaking in an interview, founder of The Online Citizen, Andrew Loh, who has written about the case extensively and is working closely with Singapore Anti-Death Penalty Campaign (SADPC) said the punishment was not constitutional.
“It is not in accordance to the Singaporean constitution,” he said citing one of his articles published on March 28 on the news blog:
Lawyer Madasamy Ravi, who is acting for Yong Vui Kong, the Malaysian who was sentenced to death for drug trafficking, made an impassioned plea in the hearing of 15 March 2010 at the Court of Appeal.
Ravi’s case centered on the argument that the sentence of mandatory death under the Misuse of Drugs Act (MDA) is unconstitutional and runs against international customary laws.
In his submissions, Ravi argued that the mandatory death penalty for trafficking in 15g or more of diamorphine is inconsistent with Article 9(1) of the Singapore Constitution which states that: “No person shall be deprived of his life… save in accordance with the law.”
Ravi argued that the provisions in the MDA failed “to afford fundamental rights of due process in the imposition of the death sentence”, that it results in “grossly disproportionate penalties”, and that the MDA, which allowed for “punishment that is cruel, inhuman and/or degrading”, is prohibited by international customary law and is inconsistent with Article 9(1) of the Constitution.
“It is not in accordance to the Singaporean constitution,” he said citing one of his articles published on March 28 on the news blog:
Lawyer Madasamy Ravi, who is acting for Yong Vui Kong, the Malaysian who was sentenced to death for drug trafficking, made an impassioned plea in the hearing of 15 March 2010 at the Court of Appeal.
Ravi’s case centered on the argument that the sentence of mandatory death under the Misuse of Drugs Act (MDA) is unconstitutional and runs against international customary laws.
In his submissions, Ravi argued that the mandatory death penalty for trafficking in 15g or more of diamorphine is inconsistent with Article 9(1) of the Singapore Constitution which states that: “No person shall be deprived of his life… save in accordance with the law.”
Ravi argued that the provisions in the MDA failed “to afford fundamental rights of due process in the imposition of the death sentence”, that it results in “grossly disproportionate penalties”, and that the MDA, which allowed for “punishment that is cruel, inhuman and/or degrading”, is prohibited by international customary law and is inconsistent with Article 9(1) of the Constitution.
Ravi speaks on the case
http://theonlinecitizen.com/2009/12/m-ravi-speaks-on-death-penalty/
Full story
http://theonlinecitizen.com/2010/03/yong-vui-kong-the-defences-argument/
To Hang or not to hang?
Yong Vui Kong was 19 when he was arrested at Orchard Road for trafficking 47gm of heroin into Singapore in June 2007.
The young man from a village in Sabah, Malaysia, now 21, was sentenced to death and scheduled to be hanged on December 4 2009 after being convicted under the Misuse of Drugs Act which carries a mandatory death sentence.
Under the anti-drug laws, the death penalty is mandatory for anyone caught trafficking more than 15gm of heroin, 30gm of cocaine or 500gm of cannabis.
Yong appealed in hope of securing a presidential pardon in October 2009, but his appeal was rejected a month later. His lawyer then filed another appeal to court, based on the ground that a prisoner who wants to file for an appeal has the right to be heard in court according to the constitution.
The drug offender repented during his custody in jail by becoming a devout Buddhist and winning love and respect from other inmates and prison guards and warden. He underwent a total transformation from his gangster life style.
Yong had a death escape finally after a stay of execution pending an appeal has been granted. A hearing on his appeal was held last month [March 2010], but the result is yet to be known.
The young man from a village in Sabah, Malaysia, now 21, was sentenced to death and scheduled to be hanged on December 4 2009 after being convicted under the Misuse of Drugs Act which carries a mandatory death sentence.
Under the anti-drug laws, the death penalty is mandatory for anyone caught trafficking more than 15gm of heroin, 30gm of cocaine or 500gm of cannabis.
Yong appealed in hope of securing a presidential pardon in October 2009, but his appeal was rejected a month later. His lawyer then filed another appeal to court, based on the ground that a prisoner who wants to file for an appeal has the right to be heard in court according to the constitution.
The drug offender repented during his custody in jail by becoming a devout Buddhist and winning love and respect from other inmates and prison guards and warden. He underwent a total transformation from his gangster life style.
Yong had a death escape finally after a stay of execution pending an appeal has been granted. A hearing on his appeal was held last month [March 2010], but the result is yet to be known.
Singaporean news blog, The Online Citizen, which has been reporting the case closely has started a campaign urging the goverment to abolish the mandatory death penalty and believes the young man now that he has changed should be given a second chance.
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