Wednesday, September 29, 2010

Major Graft proved that many TT Durais are in LEEgime


Breaking News URL

I already stated during the NKF scandals that there are many many TT Durais in the famiLEE LEEgime, and they proved again. There is S$12million graft fraud exposed now. 10X nearly the amount corrupted by Teh Chaing Wan the LEEgmie Minister of National Development who died for this scandal.

It is a shame and slap on Old Dog Thief Lee Kuan Yew's CLEAN SYSTEM.

I am glad it got exposed instead of being covered up.

If it was really a Clean System, it should be one that covering up any corruption by any officer who has obligation to expose and punish the culprits get at least the same punishment as the culprit or even more than the culprit. Meanwhile any whistle blower that exposed corruption get award. Then you call that a Clean System.


SLA hit by $12m fraud involving two senior staff
By S Ramesh | Posted: 28 September 2010 1811 hrs

SINGAPORE : The Singapore Land Authority (SLA) has been hit by a S$12 million fraud case involving two of its senior staff.

40-year-old Koh Seah Wee, a deputy director with SLA's Technology and Infrastructure Department, faces 249 charges of cheating while a second suspect, Christopher Lim Chai Meng, a manager in the same department, is currently helping the police with investigations.

The SLA, a statutory board under the Law Ministry, uncovered the fraud in June this year.

Investigations showed that a number of irregular payments in its Technology and Infrastructure Department took place between January 2008 and March 2010, worth nearly S$12 million.

SLA posts its tenders for IT maintenance services on the government procurement website.

According to the charges against Koh, he had conspired with two others - Lim Chai Meng and Ho Yen Teck - to award the IT maintenance contracts to firms which did not deliver the services.

However, SLA paid the firms which have turned out to be fictitious. Amounts paid ranged from $2,600 to $60,000.

As deputy director of SLA's Technology and Infrastructure Department, Koh had the authority to approve payments to the firms.

Koh also faces several charges of using his ill-gotten gains to buy cars and properties.

The charges said that Koh had used the money to pay for a Lamborghini, Mercedes Benz cars, acquire property at Axis@Siglap along East Coast Terrace, and purchase various unit trusts.

The authorities have so far recovered cash and assets worth about $10 million from Koh.

Koh was charged on June 25, and he is being defended by lawyer Ravinderpal Singh. His case will be mentioned again on October 19.

Koh is now in remand as he has not been able to raise the S$1.5 million bail offered to him.

Giving details of Koh and Lim's employment with the SLA, a spokesman told Channel NewsAsia that they were deployed to SLA in March 2007 and July 2006 respectively.

Koh was posted back to the Infocomm Development Authority (IDA) in March this year where he resigned on June 1.

Lim returned to IDA on 1 May 2010, and then went on no-pay leave. He has since been suspended from duty.

According to a joint statement from the SLA and the Law Ministry, SLA had finance and procurement processes in accordance with government guidelines.

However, the two SLA officers were said to have conspired with each other and the business entities involved, which enabled them to circumvent the checks and balances.

The Law Ministry set up an independent review panel following the matter in June, and SLA has since implemented the panel's recommendations to improve its tender system, such as requiring an officer from a different department to verify the request to call a quotation.

It has also reduced the financial limit for approval of financial transactions by certain levels of officers.

SLA said disciplinary investigations have commenced in respect of two officers whose oversight might have allowed the fraud to take place undetected.

These investigations are in progress, and disciplinary action will be taken, if and where found appropriate.

SLA added that it did not go public any earlier as police investigations including the tracing of assets were on-going.

Investigations against Koh are only now largely completed and another tranche of charges was tendered against Koh in court earlier Tuesday morning, and this is the first appropriate opportunity for SLA to inform the public of the case. - CNA /ls


Sammyboy.Com Thread

Monday, September 27, 2010

CPF politics with the New Voters and New Citizens

I have recorded another episode of my Chinese series of political video, on the subject of new voters and new citizens via the perspective of CPF. I strongly feel that the Singaporean opposition will love the so called New Media more and more, and famiLEE LEEgime will regret it deeply and painfully, as we further show them how to regret. :-)






新加坡来届大选的 新移民,新选民课题。
这是新旧选民所共同关注的问题。叶叔指出了一些大家须注意考虑的角度。
In the coming general election, all the new voters and new immigrants are in the same boat as the Singapore born and bred citizens and voters. We share the same crisis and fate.
politics from the angle of CPF, 从公积金的角度论政。

新移民,新选民,新加坡,大选,Singapore, new immigrants, new voters, uncleyap, 叶叔问政,CPF,公积金 『同舟共济』 think liquidating the CPF Board. 公积金局清盘的考量角度。


sammyboy.com thread

Monday, September 20, 2010

famiLEE LEEgime diplomacy failure Najib - see you in International Court

The Star Online News URL
Channel News Asia URL
Straits Times URL

Najib Tun Razak is in Singapore to meet with Ass Loong Son, and their conclusion after meeting is already announced by Malaysian News Agency The Star at above URL, however the famiLEE LEEgime 154th news trumpeted "Land Swap Deal" instead.

What a deception!


M'sia, S'pore to settle KTM land development charges in court

SINGAPORE (Bernama): Malaysia and Singapore have agreed to bring the outstanding issue on the development charges payable on Keretapi Tanah Melayu Berhad (KTMB) land in the city-state that will be jointly developed by both countries, to the international court for arbitration.

In a joint statement issued after Prime Minister Datuk Seri Najib Tun Razak met his Singapore counterpart Lee Hsien Loong at the Istana here, both leaders agreed to settle the issue amicably through arbitration under the auspices of the Permanent Court of Arbitration.

The statement said both countries had different views relating to the charges payable on the three parcels of Points of Agreement (POA) land in Tanjong Pagar, Kranji and Woodlands.

The three parcels of land are expected to be developed by a 60-40 joint-venture company, M-S Pte Ltd, to be set up between Malaysia's Khazanah Nasional Berhad and Singapore's Temasek Holdings Ltd.

Najib and Lee had further agreed to accept the arbitration award as final and binding.

It is understood that the development charges, which applied to any business that wants to develop any land in Singapore, will be significant if the three parcels of land are going to be developed.

The contention now is that based on the POA entered into, by both countries in 1990, the clause on who should pay the development charges was not clear enough.

Singapore interpreted that the company should pay for the development charges but Malaysia said there should be no cost at all.

However, Najib and Lee agreed that the arbitration would proceed on its own track, and should not affect the implementation of the POA and the other bilateral initiatives agreed upon, in their first meeting here on May 24, this year.

In that meeting, Malaysia agreed to move the KTMB Tanjong Pagar station to the Woodlands Train Checkpoint by July 1, next year, and the three parcels of land would be vested in M-S Pte Ltd for joint development and swapped with several pieces of land in Marina South and Ophir-Rochor.

Speaking at a joint press conference later with Lee, Najib said the issue was not a major problem but it was important for they wanted POA that would survive the test of time.

Najib said they wanted to make it a legally and politically correct agreement that would be accepted by both peoples of Malaysia and Singapore and their future generations.

"This agreement signifies the final chapter in the long-standing arrangement which started 20 years ago.

"We both are delighted and as well as relieved in a sense that we can put this behind us and move forward," Najib said.

Singapore, Malaysia finalise land swap deal
By S Ramesh | Posted: 20 September 2010 1614 hrs

SINGAPORE: Singapore and Malaysia have settled a land swap agreement for four land parcels in Marina South and two land parcels in the Ophir-Rochor area.

This goes toward implementing the 1990 Points of Agreement (POA) on Malaysian Railway Land in Singapore.

These details were revealed by Singapore Prime Minister Lee Hsien Loong and Malaysian Prime Minister Najib Razak after they met in Singapore on Monday.

The Singapore government will vest the four land parcels in Marina South and the two land parcels in Ophir Rochor in M-S Pte Ltd - the company formed to look into the implementation details.

This is in lieu of the three parcels of POA land in Tanjong Pagar, Kranji and Woodlands, as well as parcels of land in Bukit Timah.

Giving details, a joint statement said the four Marina South parcels are located at the heart of the financial business cluster in Singapore's Marina Bay.

The two Ophir-Rochor parcels are located next to the Kampong Glam historic district in a new growth corridor that is being developed as an extension of Singapore's Central Business District.

Malaysian Prime Minister Najib Razak said both he and Prime Minister Lee Hsien Loong were delighted and relieved.

"... We can put this behind us and move forward because we believe that this is an arrangement which is mutually beneficial," he said.

Both leaders told reporters that they differed on one area, which was the development charges payable on three parcels of railway land involved in Malaysia's land swap.

But they stressed that this will be sent to the Permanent Court of Arbitration, to be settled amicably.

"The different view is whether the development charge is payable on the three parcels of POA land in Tanjong Pagar, Kranji and Woodlands," Prime Minister Lee Hsien Loong said.

"Singapore's view is that it is; Malaysia's view is that it is not. It is not some thing we can just argy-bargy over.

"We have decided the best way to solve this is to have arbitration and have a impartial settlement which both sides can accept," he said.

Malaysian Prime Minister Najib Razak said: "It is an enhanced version of the original POA which signifies a deep commitment from the Singapore government and the prime minister himself that we should try as far as possible to make this agreement not only legally correct but also politically correct, in a sense that it can be accepted by the peoples of Malaysia and Singapore".

Both prime ministers said the arbitration will proceed on its own track, and will not affect the implementation of the POA, and the other bilateral initiatives agreed on May 24 this year when the leaders met for a retreat here. - CNA /ls/wk


Sammyboy.Com Thread

Saturday, September 18, 2010

Protest and March ALLOWED in Beijing, but not Singapore

Related Los Angeles Times News URL

famiLEE LEEgime bans protest and marching in this Tiny Red Dot, but communist govt of Beijing allowed a protest today. This is the comparison drawn and highlighted.

Chinese protest against Japan is small but heated

Marchers outside the Japanese Embassy in Beijing rally against the detention of a Chinese fishing crew. Beijing, wary of demonstrations, keeps a close eye.





Protesters carry a banner saying, "Japan get out of Diaoyu Island," and chant slogans outside the Japanese Embassy in Beijing. (Andy Wong, Associated Press / September 18, 2010)


Reporting from Beijing — Dozens of Chinese demonstrators rallied outside the Japanese Embassy, then marched through the rain-slicked streets to the Foreign Ministry on Saturday, belting out the national anthem and hollering nationalistic slogans against "foreigners" and the Japanese to protest the detention of a Chinese fishing crew.


A demonstration of any kind is rare in this tightly controlled nation, and Saturday's protest was a deliberately understated affair. The marchers were carefully monitored by rings of police, who moved through the protest with an almost methodical choreography.


But riskier drama unfolded on the edges of the main event, and in the days leading up to Saturday's protest, as China's unruly "netizens" threatened to infiltrate the demonstration for their own purposes, and the government raced in the final days to downplay plans for protest.


Get dispatches from Times correspondents around the globe delivered to your inbox with our daily World newsletter. Sign up »


The struggle, much of which unfolded on the Internet before Saturday had dawned, gave a keen illustration of the razor edge walked by the Chinese government as it basks in renewed nationalism while keeping a tight grip on any expressions of political discontent.


Earlier this month, a Chinese fishing boat collided with a Japanese coast guard vessel off the disputed islands claimed by both countries, and the Chinese crew was detained by Japan. To the outrage of the Chinese government and public, the captain is still being held.


In the days since, anti-Japan sentiment has been boiling in China's state media.


The incident has badly soured relations between the two countries, spilling over into trade and diplomatic ties and dredging up lingering tensions over the status of the disputed islands – an issue that tends to stir nationalistic sentiments in many Chinese.


Saturday's anniversary of the "Mukden incident" (known to Japanese as the "Manchurian incident") promised to further inflame tensions. Every year, the commemorations of the start of Japan's invasion of China stir bitter memories of Japanese occupation.


All week, the Internet buzzed with clashing reports of a planned demonstration Saturday.


The police were evasive. A foreign ministry spokeswoman would tell reporters only that "Chinese citizens will express their feelings through legal and rational means."


Meanwhile, on Twitter, artist and famous Chinese dissident Ai Weiwei pledged to take part in the demonstrations. "For sure," he wrote. "Any protest, I'll take part in." Other government critics chimed in.


Signs of official nervousness grew. Internet censors turned their attention to the protest. Message boards that wrote about the demonstrations were scrubbed or taken offline altogether. The organization that has been most outspoken in promoting China's claims to the islands had its website removed.


By Friday afternoon, even Google searches for the Chinese name of the disputed islands, Diaoyu Islands, had been blocked in both English and Chinese.


When the protest finally began, few government critics were in evidence. A trio of young men marched in matching red T-shirts printed with the face of Mao Zedong, leading chants of "let's unite against the foreigners" and "crush the Japanese."


"The government is not strong enough," griped Zhang Chao, a 39-year-old adman. "The Chinese people have stood up and demonstrated, now the government should be strong, as well, and use our canons and guns."


One of the few whispers of dissent came from a lone, slight man in a tan windbreaker who carried a sign reading "the government of Shen Zhen is corrupt."


Luo Huanqiu didn't care much about the dispute with Japan. He's been pressing officials to better investigate the murder of his sister, he explained, and a planned protest seemed a handy time to raise his voice.


"I'm always looking for ways to air my grievance," said Luo. "Today there are a lot of people. If you're just one person, you get arrested. It's safer in a big crowd."


The demonstrators were not allowed to linger long outside the Japanese Embassy. Instead, guided at times by police, the crowd wended its way through the streets until it reached the Foreign Ministry.


Then the protesters stood across the street and shouted a few more slogans, pumping their fists all the while. "Chinese government, stand up!" "Crush the traitors!"


And then it was over. The demonstrators wandered off into the rain, disappearing into a sea of umbrella-hidden passersby on the crowded street.



Sammyboy.Com thread

Tuesday, September 14, 2010

Incompetency clearly showed again in famiLEE LEEgime's Racial Lingual & Religious taboo

Related Chinese Blog Post

Related ZaoBao headline article

Related Todayonline Article

Nothing more and nothing less than INCOMPETENCE is proven yet again by famiLEE LEEgime's half-century-long persistent taboo on Racial; Lingual and Religious issue within the political arena.

That they had never found any better excuse to hide in the false cover of Harmony.

Their theory is so flawed and yet over the last 5 decades no opposition nor reformists had hit them hard and rip apart Old Dog Thief Lee Kuan Yew's falsehood sufficiently. He kept wearing this Emperor's New Cloth for half a century. Amazing!

Even a young student will be capable of knowing that Racial; Lingual and Religious issues are bonafide political issues for any normal countries and societies of inevitable nature.

Avoidance & making taboo these necessities is a childish and naive strategy of hiding and burying issues of critical importance, and setting timer-fuse of very dangerous time bombs.

These taboos only indicate corrupted and incompetent Old Dog Thief Lee Kuan Yew's fear - Nightmare - daemon in his own mind, that he never dare to face up with.

Where Old Dog Thief and his LEEgime is incompetent it does not and should not and should never be permitted to limit & deprive Republic of Singapore, because Rep of Singapore belongs to us Singaporeans not famiLEE nor PAp. If LEEgime can not handle the necessary issues, other political parties MUST then come in and offer the much needed leadership, and fill this 50 years old vacuum for Singapore.

Do it this coming General Election! I suggest opposition parties to call Singaporeans to seriously, openly, frankly and sincerely face our Racial Lingual & Religious issues and stop seeing these as political taboo. We are not compromising our national needs to tailor Singaporean politics just in order to prolong incompetent LEEgime's rule. We are mature and educated Singaporeans we can handle our own Racial Lingual & Religious, and if LEEgime lack confidence they have to step aside and learn from us, we should not permit them to continue to restrain us. This is in particular referring to corrupted and incompetent old dog thief Lee Kuan Yew.

Do not permit LEEgime to continue playing Ostrich with it's head in the sand and ass high up in the air. Do something about it's ass this GE!


Sammyboy.Com Thread

Saturday, September 11, 2010

TBT @ Parliament's video RE-LOADED on YouTube.Com

Higher Quality Version is without cutting to fit 5-mins limitations, is now re-loaded again on youtube.com, ;) since youtube.com can allow 15 mins video.

The videos' actual quality is now 640x505 pixels. However on this blog I am not showing the full width due to layout limitations to 320x202 here. Please right-click on then and select "View On You Tube" to view higher quality videos.














Sammyboy.Com thread




Labels:

Sunday, September 05, 2010

South Korean Foreign Minister quited for Nepotism Scandal


Google News URL

SKorean foreign minister in scandal offers to quit

SEOUL, South Korea — South Korean Foreign Minister Yu Myung-hwan offered to resign Saturday amid accusations of nepotism over the hiring of his daughter for a ministry job, officials said.

Yu made his offer to President Lee Myung-bak after coming under mounting public fire, even after issuing a public apology and removing his daughter from the job on Friday.

Yu's daughter, who had worked as a contractor at the ministry's trade bureau for three years before quitting last year, was rejected along with seven other applicants when she applied for a midlevel job in July. Then, this past week, she was hired for the same post after another hiring process in which she and five others applied.

Presidential spokeswoman Kim Hee-jung confirmed that Lee was informed of Yu's resignation offer, but did not say whether the president would accept it.

"I decided to resign because I am sorry to the public for causing trouble," Foreign Ministry spokesman Kim Young-sun quoted as Yu as saying.

Lee, who has ordered a thorough investigation into the possible rigging of the hiring process, will likely accept the resignation offer, the Yonhap news agency said, citing an unidentified presidential official.

The resignation offer comes at a crucial time for South Korea as it prepares to host a summit of the Group of 20 rich and developing economies in November.

It also comes amid diplomatic efforts to restart stalled talks aimed at ending North Korea's nuclear weapons programs. China has suggested a compromise among the six countries involved in the nuclear disarmament talks so that negotiations — which North Korea walked away from last year — can get back on track.

In Washington, South Korean nuclear envoy Wi Sung-lac met with Deputy Secretary of State Jim Steinberg and others on Friday to discuss North Korea.

South Korea and the United States have delayed joint anti-submarine exercises off the Korean peninsula's west coast due an approaching typhoon, according to South Korea's Joint Chiefs of Staff. It said no new date has been set for the drills, which had been scheduled to run from Sunday through Thursday.

North Korea has strongly objected to the drills, claiming they are a preparation for an invasion.


The contrast of this matter have to be highlighted against the famiLEE LEEgime which is a NEPOTISM HUB OF ASIA.

That is why it is a famiLEE LEEgime.

I remember that in Dr. CSJ's Chinese book he included many pages of information regarding the factual nepotism appointments showing how the top lucrative positions in GRC GLC etc were occupied by family members related to famiLEE LEEgime's ministers.


Sammyboy.com Thread

Saturday, September 04, 2010

Aquino can educate famiLEE LEEgime & old dog thief LKy - OWN UP!

Business World News URL

A greater leader can shoulder up responsibility even for his subordinates, a cheapo coward shift blames to others, a shameless swine steals credits from others, a charlatan over-hype and brag own achievements.

famiLEE LEEgime is all the aboves - less only the first.

Aquino is at least seen doing the first, even though I have not seen anything else really positive yet. He is qualified to educate the entire famiLEE LEEgime and in particular the old dog thief Lee Kuan Yew indeed.

What can one recall of Lee Kuan Yew owning up for?

Think harder!

Think harder again...

Still none! Right?

:-)





Aquino owns up to bungled hostage rescue

PRESIDENT BENIGNO C. Aquino III has claimed full responsibility over the Philippine National Police’s (PNP) botched hostage rescue operations last week that left eight Hong Kong tourists dead, saying he has direct supervision over the police.

Mr. Aquino noted that he assumed the portfolio of the Department of Interior and Local Government prior to the appointment of Secretary Jesse M. Robredo whom he tasked to focus on improving local government units.

"When I got him, [I told him that] I will retain direct supervision on the PNP until such time other concerns specifically our promises to the informal settlers of our country [are addressed]… There are so many things that have to be tackled by that agency especially in delivery of services [and] I asked him to concentrate on that," Mr. Aquino told reporters on Friday at the sidelines of the Convergys contact center launch in San Lazaro, Manila.

"I will retain, for the interim, control over the PNP. At the end of the day, I am responsible for everything that has transpired," he added.

The President’s admission was contrary to his earlier claim that Rico E. Puno, Interior undersecretary for peace and order, was directly in charge of the hostage rescue operations.

Clarifying Mr. Aquino’s statement, Presidential Communications Operations Secretary Herminio "Sonny" R. Coloma said the president is emphasizing the principle of accountability in taking full responsibility over the event.

"As enshrined in the Constitution, public office is a public trust, [Mr. Aquino] is also demonstrating his determination to bring about institutional reforms," Mr. Coloma told reporters in a text message.

The 10-hour hostage drama in front of the Quirino Grandstand in Manila and broadcast live over TV last Nov 23 ended with the police killing gunman Rolado D. Mendoza, a sacked policeman who hijacked a bus and demanded reinstatement two years after his dishonorable dismissal on extortion charges.

PROBE PROCEEDINGS

Meanwhile, the National Government did not plan to intervene in the hostage crisis as Mr. Puno admitted that he was not experienced in handling hostage-taking situations.

M. Puno said the incident was considered a "local crisis" whose management was left with the city government of Manila.

"We did not consider [raising the crisis to a national level], but we were on standby. The national crisis committee was on standby, and ready to take over in case we elevate to national crisis," Mr. Puno said Friday during the first hearing of the incident investigation and review committee at the Department of Justice in Manila.

But it never appeared to be a "crisis of national character," he added, because the gunman was "very cooperative."

"[But everything changed] when he saw his brother [Gregorio] being arrested," he added.

Manila Mayor Alfredo S. Lim and Chief Superintendent Rodolfo Magtibay, former Manila Police District (MPD), who served as ground commander, led the crisis management committee.

For his part, Roan I. Libarios, governor of the Integrated Bar of the Philippines and member of the probe panel, said there was a time that the only demand of the hostage-taker was to "release his brother" Gregorio.

"There was a radio interview [by radio broadcaster Erwin Tulfo] where he [Mendoza] said that," he said.

To this, Mr. Magtibay replied: "That message was not relayed to us."

He said it was Superintendent Orlando Yebra, hostage negotiator, who told him and Mr. Lim that Gregorio must be charged for being a "conspirator and accessory" to the crime.

It was then that Mr. Lim ordered the "handcuffing" of Gregorio, he added.

Mr. Puno admitted the government "considered" giving in to Mendoza’s demand to be reinstated.

"But after further reflection you decided not to pursue that?" Justice Secretary Leila M. de Lima asked. To which Mr. Puno agreed.

For his part, Director-General Jesus A. Versoza, chief of the Philippine National Police (PNP), said negotiations failed because of PNP’s failure in "crowd control."

"There was a mix-up. These interfered directly with our operatives. We have not perfected crowd control," Mr. Versoza said.

Curious onlookers were dangerously close to the incident such that one bystander was hit by a stray bullet.

For his part, Herman Z. Basbaño, president of the Kapisanan ng mga Brodkaster sa Pilipinas and another panel member, said media could not be prevented to cover the event "in a democracy," but "there should be protocols."

"Media are far from the crime scene. But some of them managed to break through the police line. There should be a mechanism that nobody would be able to sneak in," he said in Filipino.

Broadcast media have been partly blamed for the failure of hostage negotiations after Mendoza was agitated upon seeing his brother on TV being handcuffed by authorities.

Mr. Basbaño said the police should have asked a "technical expert" on how to jam the TV on the bus.

In a related development, Ms. de Lima, probe committee chairman, said those who responded were not the best SWAT (Special Weapons and Tactics) members in MPD.

To this, Mr. Versoza replied: "It’s possible. They [SWAT members] sometimes seek to be transferred to other tasks… to less grave incidences."

The probe committee is set to continue its investigation today until Monday, and is expected to come up with a report on Sept. 13 to be submitted to the President. -- Ana Mae G. Roa and Prinz P. Magtulis


Sammyboy.Com Thread

Thursday, September 02, 2010

No case and dismisal application for TBT on National Day 2008

Related Blog Post on evidence

Event's Blog News 1

Event' Blog News 2 (admitted by prosecution as evidence but absolutely help my defense, Thank You LEEgime!)


Today in court 6 the prosecution case closed for the Tak Boleh Tahan event at Toa Payoh Central KFC held on 9th Aug 2008 National Day.

Most of the defendants had opted not to enter any No Case Submission, while Dr. CSJ made few of them changed their minds from making their own no-case submission to making none. I had given an oral submission for no case to answer, and after hearing that the judge directed to enter further submission on aspects of Participation & Assemblies, as there is dispute and arguments that prosecution and defense (myself) is not on the same page on these aspects.

I had prepared the following written submissions for tomorrow's hearing.

Pse pay attention to the attached application to dismiss the case, and BIG Thank You to Superintendent Deep Singh for his great contributions to make this possible!






Supplement to No Case Submissions Tak Boleh Tahan Case National Day 2008


On Aspect of Assembly:


  1. The Definition of the alleged Activity in evidence:


  • The charge stated the “Tak Boleh Tahan” campaign organized by the Singapore Democratic Party.

  • Exhibit P30-3 which is Singapore Democratic Party's web page noticing public about the event had defined just above that location map:


Date: National Day, Saturday

Time: 12 noon – 3pm

Place: Toa Payoh Central, Blk 190 (outside the KFC restaurant)

Activity: Distributing flyers and walkabout

Dress: Tak Boleh Tahan! T-shirt


  • It is therefore abundantly clear that the participants are limited to those persons who fulfilled the given 3 conditions consisting of PLACE & ACTIVITY & DRESS. Those not fulfilling these 3 conditions given by Singapore Democratic Party which is the alleged organizer stated in the charge, are thus NOT a participant.

  • Accused Yap Keng Ho was on the Stair Case over-looking the Walkway which is about 2 meters above the walkway outside KFC restaurant at the time of 2:33 pm stated in the amended charge, as various evidence showed. The charge stated “at the walkway in front of Blk 190 Toa Payoh Lorong 6” it did NOT include the staircase at all. The staircase is not in anyway a part of the walkway below it. That means Yap Keng Ho have got a proven alibi.

  • Accused Yap Keng Hos' where about at the time of 2:33 pm stated in the amended charge also did not fit the alleged organizer's definition of PLACE for the activity, so he could not have participated.

  • The Activity given by the alleged organizer was Distributing flyers and walkabout, so anyone not involved in distributing flyers and walkabout are not the participants. Accused Yap Keng Ho is not in any way proven to be distributing flyers nor in the walkabout activity. So he has no case to answer because he is not proven to be in any assembly which alleged organizers defined to be distributing flyers and walkabout.

  • The alleged organizer also provided definition of dress code for the activity to be Tak Boleh Tahan! T-shirt for it's participants. Accused Yap Keng Ho is not in any way proven to be wearing any such attire, so he has no case to answer because his dress code did not fit the organizer's definition.



  1. The Group Photo Taking is not a part of the alleged activity:


  • The alleged organizer did not define Group Photo Taking with a banner as part of their intended activity.

  • Any group of citizens should be allowed to take a group photo in a place of public without any infringement of any law.

  • Group photos are commonly taken with banners for example, YOG banner; school banner; tour group banner; church banner etc, a Tak Boleh Tahan banner should not incriminate anyone to be taking photos with it.

  • HI Superintendent had testified that he will not consider that photo taking to be an offense of assembly without a permit under my cross examination.

  • By the time the group photo was being taken, the activity defined by the alleged organizer of distributing flyers and walkabout had already ceased upon DSP Rani's advice, photo taking is another different activity.

  • The 1st May 2008 Tak Boleh Tahan activity did not include a group photo taking either, it indicates that the alleged organizer have no intention to include it as part of the activity they organized.

  • No one doing anything during and after the group photo taking should be deemed as a participant of alleged Tak Boleh Tahan activity, be that standing there for the photo or taking the photo. As long as the is no one distributing flyers or doing walkabout, the Tak Boleh Tahan activity should be deem as ended. And taking a group photo in a place of public is no offense.



  1. The utterance of Tak Boleh Tahan is not part of the alleged activity:


  • The alleged organizer did not provide definition of the activity to be one of uttering Tak Boleh Tahan or anything else. Therefore any such utterance is not intended by the alleged organizer as part of their intended activity, and anyone just only by uttering that is not regarded as a participant of that activity.

  • There is not 5 or more person uttering Tak Boleh Tahan, less than 5 person constituted no offense under the MOA.

  • There is not more than one person uttering Tak Boleh Tahan simultaneously, if 5 or more persons uttered that together at the same place and time, it may suggest an assembly, but the evidence showed this is not the case.

  • There is no evidence of any coherence or planed action or synchronous action to utter Tak Boleh Tahan, any individual exclamations of the very common phrase at the same place & time does not amount to participating in any assembly.



  1. The members of the assembly:


  • The charge defined a definitive group of accused persons making the alleged assembly. Charge had not indicated any uncertainty to members alleged to be involved.

  • When one of the person specified in the charge has an alibi then the entire assembly defined cannot stand because the charge is wrong.

  • Court had asked the prosecution weather they wanted to amend the charge after they rested their case, but the decision of prosecution is that their charge is unchanged, therefore the charges cannot stand.

  • There are clear evidences in many ways showing that the charge is wrong by omission beside wrong inclusion in members of the assembly, up to 8 persons including those who can be identified are not included in the definition of the assembly. These persons fitted the definitions provided by the alleged organizer of the event.

  • Case Law 1: PS1344-1348/2008 (MA317-321/2009) PP vs Chong Kai Siong & others Court 19 DJ John Ng.

  • Case Law 2: PS1522/2008 (MA068 of 2010 & CM15/2010) PP vs Yap Keng Ho Court 19 DJ Toh Yung Cheong

  • In both the above cases, charges had included a Charles Tan Teck Wee to whom summons could not be served and who had not been in Singapore for years, but evidence showed him wearing same slogan T-shirt with some of the co-accused.

  • The definition of members of alleged assembly in the above case highlights the error of this current charge by excluding persons of established identity in the definition of the assembly.

  • The charge must correctly define the alleged assembly for the charge to be correct weather or not some of the persons is not in court to face charge. It was clearly the position of the prosecution that there are many more persons in the assembly which they had intended to charge the accused persons, however the prosecution had failed to define the assembly by omission & not specifying uncertainty in their definition in the charge. Thus the charge is wrong and not truly reflect the facts alleged, and the case is not correctly made out. The case made out by prosecution's own evidence does not fit the charge written and read to the accused persons, no amendment of charge is made to correct this error in law, so the accused need not be called to enter any defense, and should be discharged amounting to acquittal or had the charges dismissed.




On the aspect of Participation:


  1. Prosecution's submission on “Support & Encouragement” by uttering Tak Boleh Tahan cannot constitute to participation.


  • In criminal law it is the act and role that counts, it is clearly distinguished by Penal Code Cap 224 Sec 107 (Abatement), Sec 108 (Abetter), Sec 108A, Sec 108B, Sec 109, Sec 110, Sec 111, Sec 112, Sec 113, Sec 114, Sec 115, Sec 116 & Sec 117.

  • The penal codes showed that a person providing abetting an offense is NOT equally the liable for same offense of the person committing the act, in that the role of abetting an offense is provided by law to be differentiated apart from the role of committing the act itself. Sec 114 provided to distinguish weather abettor is present at scene or not.

  • English words, Participate; Support; Encourage; Sympathize; Consent all carried respective meanings different from one another. Encouragement at most will amount to abatement of an offense, where support depends weather it be moral support or financial support or political support or physical facilitation.

  • Merely by just uttering a common phrase of Tak Boleh Tahan alone, does not even amount to abatement, it is at the very most carrying a factor of sympathy or moral recognition. Unless the prosecution's case could prove the motive and purpose and effects of these utterances, the utterance cannot even connect with the activity which was meant to be distributing flyer and walkabout and which took place at a distance on a walkway below the staircase from the person making these utterances.

  • There is no evidence of any effects of the utterances to indicate it had supported & encouraged anyone to distribute flyer or carry out walkabout, as the group of people dispersed immediately after these utterances. There was no prolonged stay or further activities caused by the alleged support or encouragement.

  • Evidence showed that no utterances of Tak Boleh Tahan was made by anyone as flyers were being distributed and walkabout taking place, or during sales of any items.

  • Strictly defined by the alleged organizer on P30-3 that national day event was organized to distribute flyers & walkabout wearing Tak Boleh Tahan T-shirts. Taking photos or video and uttering anything isn't intended to be nor designated to be part of the event being organized, and thus by taking photos or video or uttering anything did not amount to any participation of the intended activity.


  1. Participation in unlawful assembly is comparable to participation in rioting. Committing the rioting act constitutes to participating in a rioting offense, however an act of just uttering something at the scene cannot constitute to participating in rioting.

  2. Example of theft, one cannot be charged nor convicted for participating in theft of cash by simply just uttering the word “cash”. Unless there is proven effect of prompting another person to steal the cash, or proven motive of doing so, there is no crime of abatement disclosed.



Application to dismiss charges


Cap 224 Section 79 (Penal Code General Exception)


Act done by a person justified, or by mistake of fact believing himself justified by law
79. Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it.

Illustrations

(a) A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

(b) A, a police officer, is deployed to perform the duty of screening passengers boarding a flight at the airport. A sees Z, a passenger queuing up to be screened, acting suspiciously. As A approaches Z, Z suddenly shouts aloud that he is carrying a bomb and warns A not to approach further. As A draws his revolver, Z suddenly starts to run away. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.

(c) A, a police officer, is deployed to perform patrol duty at an underground train station. A receives information from police headquarters that someone is attempting to plant a bomb in the public transport system. The profile of the suspect is also provided. While patrolling the underground train station, A sees Z, who fits the profile. Z is seen carrying a backpack and behaving suspiciously. A approaches Z and orders him to stop. Z suddenly starts running towards a crowd in the station. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.

(d) X, the commander of a naval vessel, is patrolling Singapore territorial waters. X receives information that someone may hijack a vessel in order to commit a terrorist act. X spots vessel A which is proceeding at high speed towards a cruise liner. X orders vessel A to stop her manoeuvre immediately and fires a warning signal. Vessel A instead starts accelerating towards the cruise liner. X, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that vessel A is going to ram into the cruise liner. X gives an order to fire at vessel A. The persons on board vessel A die as a result. X has committed no offence, even though it may turn out that vessel A was not hijacked nor were there any terrorist on board.

[51/2007]


Invoking Section 79 of Penal code to the current case:


Tak Boleh Tahan was organized by Dr. Chee Soon Juan by mistake of fact believed himself to be justified by law.


The fact mistaken being that Police Will Continue To Deem Tak Boleh Tahan as Hawking Activity just as indicated by public statement issued by police regarding another identical event of Tak Boleh Tahan held on 1st May 2008 at a location only about 50 meters away from Blk 190.


There is solid evidence to support the fact that HI Deep Singh regarded the activity on 1st May to be of hawking activity instead of an assembly which required police permit, and that he conveyed this decision to his officers as well as police public affairs to issue statement to press about it.


There is evidence offered by Dr. Chee that press had published it, and prosecution is not challenging evidence that this police decision had been publicized.


There is some further evidence testified by HI Deep Singh that there were some other occasions of identical Tak Boleh Tahan activities after 1st May 2008, but not even being investigated by police, even that HI is aware of them.


The series of evidences listed above support that Dr. Chee in good faith believed that Tak Boleh Tahan events can be further continued to be organized without any police permit.


Dr Chee only realized that the police changed their position regarding Tak Boleh Tahan as DSP Rani appeared to warn him that permit is required. The prosecution is not adopting the position that Dr Chee had been otherwise informed by police after their public statement and prior to the National Day 2008 that they would now required Tak Boleh Tahan events to be held with a police permit.


Therefore section 79 is applicable to this case, that the entire Tak Boleh Tahan event on 9th Auguest 2008 was organized by mistake of fact that police will continue to not treat it as an assembly requiring permit. The event discontinued immediately upon notice by police, that no more distribution of flyers nor walkabout took place after the notice.


In accordance with Sec 79 the event on National Day 2008 is no offense, since it was held by mistake of the above-mentioned fact believed to be justified by the law.


The police's changing requirement of permit is the cause, which is not the fault of any defendants at all, whatever their roles may be. The police have the rights to change their requirement, but it is their obligation to inform the organizer of the change ahead of the event. However they only informed Dr. Chee at about 14:35hr when the event scheduled between 1200hr to 1500hr was almost over.


The police is in evidence fully aware of the event and it's schedule and plans as it was publicized and caught attention of police on or before 8th August 2008. However instead of informing the organizer their change of permit requirement, or notifying any member of public not to participate, they arrived at the scene after most part of the scheduled event already took place and lapsed, and then gathered evidence to charge the defendants.


It is very clear that police had acted deliberately on misleading the defendants, and then entrapped them into this case. This is a STING OPERATION of the worst kind.


The charges must therefore to be all dismissed in accordance of Penal Code Cap224, Section 79. I hereby make this application to District Court #6 on 2nd September 2010.


signed : Yap Keng Ho



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