The specific features of the law in Singapore.
Introduction.
Everything and anything is said and written about Singapore, its regulations, its society, its people and its laws. It's hard to get away from the myth for someone who knows nothing about the country and for the few people who, once in their life, have come across an article referring to it. I'm going to take the time here to give a rough description of the society, then we'll move on to the laws and the legal system, the judicial and prison procedures (1). Before delving into the basics of Singapore's law and legal system, a brief overview is in order. Singapore is a society where diversity is its identity and, as a multi-ethnic country (2), it respects the unique culture of each ethnic group by encouraging, for example, the cultural events of each group, such as the Chinese, Malays and Indians, and respects the different social customs linked to each person's religion. Importantly, it is compulsory to register within an ethnic group recognised by the government, within the CMIO structure (3). On the economic front, Singapore pursues a policy of actively attracting foreign investment. Thus, rather than establishing barriers to investment, it has explicitly stated the protection of foreign investment in its constitution and has implemented various preferential measures for foreign investment through related laws and regulations and the Council of Ministers. Investment. As a result, considerable incentives are provided for investments exceeding certain standards by sector of activity, such as tax reductions, reduced customs duties on capital goods and imported raw materials, and freedom to send remittances in foreign currency. However, the UPFA government, which was launched in April 2004, is known for emphasising a policy of selective rather than indiscriminate attraction of foreign investment, and for encouraging joint investment with domestic investors rather than 100% sole investment. Meanwhile, investment is limited in certain industries. But that's not the point of this article. In terms of the political system, the form of government is a parliamentary cabinet system and the head of state is the president, elected by direct suffrage for a six-year term. The National Assembly is a unicameral system, with members of the National Assembly elected by direct secret ballot by voters aged 21 or over for a five-year term and members of the National Assembly appointed for a term of two years and six months by the President. Members of the National Assembly other than those appointed ministers, ministers of state and deputy ministers responsible for political affairs may simultaneously hold general office. Members of the National Assembly who do not hold government office receive only an allowance, and if the opposition party wins fewer than three seats in the general election, there is a system of representation outside the constituency in which the opposition candidate with the highest number of seats voted is recommended as a member of the National Assembly.
The system.
The courts consist of the Supreme Court and the lower courts. The Chief Justice, the judges of the Court of Appeal, the Judicial Commissioners and the judges of the High Court are appointed by the Prime Minister and nominated by the President. The Prime Minister must consult the Chief Justice before appointing judges. Judges of the lower courts, such as district court judges and court officers, are appointed by the Legal Services Commission. The courts are divided into two levels: the National Court and the Supreme Court. The National Court has specialist family courts, coroners' courts, juvenile courts, community courts and small claims courts. The Supreme Court comprises the High Court and the Court of Appeal. The High Court hears civil and criminal cases at first instance and on appeal. The Court of Appeal has jurisdiction to hear appeals in civil and criminal cases to and from the High Court. In addition, the Singapore International Commercial Court (SICC), established in 2015, is an integral part of the High Court. I will discuss the latter below. Singapore's legal system has its origins in the British legal system. After gaining full independence from the Federation of Malaysia in 1965, the Parliament of the Republic passed laws as a legislature, but until the enactment of the Application of English Law Act in November 1993, which guaranteed the scope of English law and the independence of commercial law, all laws were regarded as local laws.The sources of law in Singapore are the Constitution, legislation, delegated legislation (rules and regulations, etc.) and precedents (4).The Constitution is the supreme law of Singapore and any law inconsistent with the Constitution is invalid.After the Constitution, Acts of Parliament have the greatest effect, followed by delegated legislation and precedents.In the case of international law, Singapore adopts a dual system of international and domestic law.In other words, if an international treaty or agreement is passed into law by Parliament or recognised as a customary international rule by the courts, it has the same effect as a statute or regulation in the country.
Living by the rules and laws.
To sum up Singapore in a nutshell, it's a small but strong country (3) with a wonderful nickname, ‘the City of Lions’. For the record, a prince from the island of Sumatra was hunting when he saw a strange lion-like animal disappear on the island and called it ‘Singa (Lion) Pura (City)’, from which the name ‘Singapore’ comes. If you're ever lucky enough to visit Singapore, you'll see the statue of the ‘Merlion’ everywhere. Singapore is also known as the country with one of the three cleanest environments on the planet and some of the strictest laws in the world. If you bring alcohol or cigarettes into Singapore, you have to pay tax, and importing chewing gum is also banned, as it pollutes the streets. In Singapore, you can even be caned if you break the law. Caning is a punishment that does not apply to women, but to men aged between 16 and 50. Crimes such as sexual violence, theft and illegal possession of weapons are punishable by caning. Singaporeans firmly believe that if they abide by these laws and standards, they can reduce the crime rate and keep the environment clean. For example, it is said that if you lose your wallet in Singapore, you will almost always be able to find it. In addition, this is a country that issues ‘beggar's licences’ to beggars in order to collect taxes. One of the basic etiquettes in many countries around the world is to be punctual for appointments. But in Singapore, you have to be even more careful about keeping your promises. Indeed, Singaporeans consider being late for an appointment to be insulting and rude. You see, in Singapore, there are many things that are established as norms. So, if you do something that goes against the norm, you have to pay a fine or go to jail, and if you have an illegal weapon or have committed a major crime, you risk being caned, first of all, and then going to jail.
Examples of strict regulations.
Here are just a few examples: firstly, if you spit in a public place, you have to pay a fine of around Sg$770 (€554). However, if you are caught a second time, you will have to pay double the fine. Secondly, if you walk off the pavement and cross the road outside pedestrian zones and at red lights, not only are motorists no longer criminally liable (6) but you will have to pay a fine of around Sg$385 (€272). Thirdly, if you use the toilet without flushing, you will have to pay a fine of around 385 sg$ (272 Euros). Fourthly, if you litter, you'll have to pay a fine of around Sg$770 (€554) (7). If you are caught a second time, you will have to clean up the public areas and pay double the fine. Fifthly, if you smoke in a public place, you must pay a fine of around Sg$770 (€554) (8). Sixthly, if you drink and drive, you have to pay a fine of around Sg$770 (554 Euros) and spend six months in prison (9). But there's also the fact that Singapore doesn't allow electronic cigarettes and people caught in possession/sale are liable to a fine of up to Sg$10,000 and a prison sentence of up to 6 months. As mentioned above, chewing gum is banned and, no kidding, can land you in jail if you have any in your suitcases (10). Even feeding birds in parks (11) is forbidden and I would remind you that it is strictly forbidden to eat and drink in public spaces.
The source of law in Singapore and a highly developed legal system.
Compared with its neighbours, Singapore's legal system is highly developed and one of the most modern in the world, recognised by the major international bodies. Before going any further, here is one example among many: arbitration. Singapore, which was under British colonial rule for over a century, is a mixture of all Eastern and Western cultures and does not seem to have a single identity. This seems to be the factor that has made everything coexist in one small entity. And Singapore has become (or is trying to become) a ‘hub’ in every field, with the qualifier ‘international’ attached to it. Singapore's international arbitration, finance and oil industries have also developed in this context. Singapore law is almost similar to UK law and is based on common law (12). As UK law is traditionally used as the law governing international transactions, contracts that resolve disputes under UK or Singapore law are very commonly used in international arbitration. Sometimes people ask whether the United States is a country where international arbitration is highly developed, but in fact, on the whole, the United States has more trials and international arbitration is not highly developed there. Nonetheless, Singapore is enhancing its value as a location for international arbitration through its advanced legal system and the support of top-ranked courts in national judicial system ratings. Many arbitration cases are handled in the city-state, through the Singapore International Commercial Court (13) or SICC. Cases falling within the jurisdiction of the SICC are heard by ‘international judges’ appointed temporarily by the Chief Justice from the list of judges. Registered foreign lawyers are entitled to represent cases subject to SICC proceedings, which are cases that have no substantial connection with Singapore. Appeals from cases heard by the SICC are heard by the Court of Appeal. There has been an increase in the number of foreign companies engaging lawyers in Singapore as their legal representatives when disputes arise, and an increase in the number of arbitrators (not only Singaporeans but also various arbitrators from other countries) who are resident in Singapore. Although it is not an official record, Singapore is said to have earned more than sg$100,000,000 in revenue from international arbitration last year (14).
Operation, application, perception.
The operation of the justice system would be long and tedious. I prefer to refer you to a site that will explain everything in simple terms (15). As for the rest, there are a lot of urban legends about the regulations and the application of sentences, about capital punishment and zero corruption. Before we go any further, here are a few international assessments. The first is from the Hong Kong-based Political & Economic Risk Consultancy (PERC), which provides a comprehensive analysis of the state of business, corruption and the quality of institutions in Asian countries. PERC publishes an annual review every year. For 2024, Singapore is still the least corrupt country in Asia, ahead of Australia and Japan, with a score of 2.09 (16). A score close to 0 being high and close to 10 low. Another indicator, that of ‘Transparency International’, has ranked Singapore in the top 5 least corrupt countries in the world in 2023, in fifth place, identical to 2022, ahead of France (which is in twentieth place) and far ahead of the second Asian country represented, Japan, in sixteenth place (17). In other words, Singapore is one of the least corrupt countries in the world, in the top 5. Internally, the country organises a biennial survey of public perceptions of corruption, conducted by the Corrupt Practices Investigation Bureau or CPIB (18). The survey is conducted on samples taken from the country's 4 recognised ethnic groups. The figures are revealing. Out of more than 1,000 people questioned, 96% felt that the country's efforts to fight corruption were effective. One of the reasons why Singapore's judicial system works effectively and generates public satisfaction is that it actively uses the human resources of the courts, introducing an effective civil mediation system and considering the withdrawal of proceedings if they have not been in progress for more than a year, in order to avoid proceedings becoming protracted and bogged down, as is the case in the West. Another process unknown to courts in the West and in Asia, in accordance with the principle of separation of powers, an independent person qualified as a lawyer is appointed as ‘administrator’ of the judiciary to give priority to procedures such as summary judgment, thereby reducing the duties of judges and the bogging down of proceedings. In other words, in order to improve the material and temporal inefficiencies that can arise from handling all cases through formal trials, the ‘administrator’ mainly conducts the process prior to the formal trial, such as the summary trial and the preparation of the defence, and judges the case.
Caning and capital punishment.
Singapore is considered to have one of the highest death penalty rates in the world and has a system of many heavy fines. There is also talk of the mere existence of caning, which is a severe blow to the body. Singapore has always sought efficiency in the process of implementing state-led development plans during the long-term rule of Prime Minister Lee Kuan Yew after independence, and has imposed heavy penalties and fines as an example for acts that violate the rule of law. The death penalty is very popular with the public (19), regardless of ethnicity, age or social rank, and is applied broadly, but excludes minors and pregnant women. However, pregnant women can be sentenced to life imprisonment, as I will discuss later. Executions are carried out at dawn by hanging (20). 33 crimes and misdemeanours can land you on the gallows (21) and Judeo-Christian compassion is not a cultural bias among judges, who have a heavy hand in handing down sentences (22). Another aspect is that shooting or killing a police officer sends you straight to the gallows, even if you have a psychiatric history or are known to be insane (23). The number of executions varies from year to year. Some years there are none, others are more prone to executions (24) and the record year remains 1995 with 73 executions. Another peculiarity of the sentences is caning. This is a colonial legacy which did not exist before the arrival of the Dutch and especially the English (25) and which is present in Malaya and Brunei. As I wrote earlier, Singaporean law is based largely on common law, but also on the Indian legal tradition. Caning is only used on men under the age of 50 and goes well beyond the civil judicial framework. At judicial level, it is governed by articles 328 and 331 of the Code of Criminal Procedure (26) : Be a man, aged between 18 and 50, have received a favourable medical examination, no more than 24 strokes of the cane, etc. Minors aged between 16 and 18 are liable to this punishment, but with a maximum of 10 strokes and only the High Court can authorise it on boys under 16. Caning is also a punishment used in military courts (27). Beyond the legal aspect, caning is used as a means of discipline both in prisons (28) and in educational settings, in detention centres for minors such as the Singapore Boys‘ Home and Singapore Girls’ Home (29), as well as in schools as a disciplinary measure or in families, where corporal punishment is considered a form of discipline and recognised by law (30). Caning is used to punish around 35 offences and is automatically added to any other punishment, such as a fine and/or a prison sentence (31). If the person cannot be caned for medical reasons, or if she is a woman, the prison sentence is irretrievably increased by a minimum of one year. Singaporean justice takes good behaviour into account, and some prisoners can be released after serving two-thirds of their sentence. But crimes are exempt. There are also many tools for rehabilitation through study, work, social medical monitoring, home detention programmes, the halfway house programme and the parole programme. There are also numerous community and religious programmes to help offenders reintegrate into society (32).
The prison system.
The Singapore Prison System (SPS) is under the authority of the Ministry of Home Affairs. It is responsible for the country's 15 prisons and drug rehabilitation centres (33). As well as being responsible for detention, it is in charge of the rehabilitation and follow-up of offenders, as well as preventive education. The Changi Prison Complex (CPC) remains at the heart of the country's prison system. The country has opted for strict application of the law and zero tolerance, especially when it comes to offences, misdemeanours and crimes against authority, but with a conceptual approach that places great emphasis on rehabilitation and reintegration. But not at the level of crimes. Life in Singapore's prisons is like clockwork, and inmates are subject to strict and exemplary discipline. You bow your head to a guard and call him ‘sir’. The system introduced in 2015 is based on American high-security prisons, with reduced interaction with prison staff (34), an electronic bracelet system, omnipresent cameras and an electronic security portal (35). Detention conditions are harsh and comfort is reduced to the bare essentials (36).
Conclusion.
The death penalty, life imprisonment, caning, judicial and penal efficiency, CCTV, education and many other factors are at the heart of the fight against crime, making the country one of the five safest in the world (37). Effectiveness against crime cannot be won with ideas without action, and the repressive arm must be as formidable as it is feared, with coordination between the executive and the legislature. But repression does not mean overkill. Rehabilitation and education must be at the heart of the prison system. But we must not forget that Singapore remains a metropolis. In that sense, it would be tedious to impose its rules on a larger nation state and think that it would work. Singapore remains a global peculiarity that remains to be understood.
EmbunDH.
Note.
1 : The author of this article holds a bachelor's degree in business law from Singapore. The bachelor's degree is identical to the French licence universitaire L3.
2 : https://en.wikipedia.org/wiki/Race_in_Singapore#References
3 : https://6611a6877e7c2.site123.me/blog/singapore-part-1-small-china-or-multi-ethnic-lab
5 : https://condorchem.com/en/blog/top-10-cleanest-cities-in-the-world/
6 : To explain, let's say you decide to cross the road at any point and a car hits you. Well, you would be criminally liable. Not the driver. And what's more, he could claim damages from you.
7 : https://www.nea.gov.sg/our-services/public-cleanliness
8 : https://www.nea.gov.sg/our-services/smoking-prohibition
9 : https://sso.agc.gov.sg/act/rta1961?ProvIds=pr67-
10 : https://sso.agc.gov.sg/SL/272A-RG4
11 : https://www.nparks.gov.sg/avs/resources/pets-animals-dos-and-donts
12 : https://en.wikipedia.org/wiki/Law_of_Singapore#External_links
13 : https://www.judiciary.gov.sg/singapore-international-commercial-court
The link is in Chinese, but you can click on the tab to get it in English.
16 : http://www.asiarisk.com/subscribe/exsum1.pdf
18 : Singapore's independent anti-corruption agency.
Here is the website : https://www.cpib.gov.sg/
20 : https://sso.agc.gov.sg/Act/CPC2010
21 : https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=2314&file=Annexe1
22: https://www.suss.edu.sg/blog/detail/facilitating-singapore-s-success-the-legal-system
23 : https://eresources.nlb.gov.sg/newspapers/digitised/article/straitstimes19950711-1.2.32
25 : https://www.corpun.com/singfeat.htm#history
26 : https://sso.agc.gov.sg/Act/CPC2010?ProvIds=P116-&ViewType=Advance&Phrase=procedure&WiAl=1#P116-P22-
27 : https://sso.agc.gov.sg/Act/SAFA1972
29 : https://sso.agc.gov.sg/SL/CYPA1993-S415-2011?DocDate=20200630 Children and Young Persons (Government Homes) Regulations 2011 (Cap 38, Reg 22-24, 2001 Rev Ed Sing), reg 22-24; Children and Young Persons (Licensing of Homes) Regulations 2011 (Cap 38, Reg 25-27, 2001 Rev Ed Sing), reg 25-27; Children and Young Persons (Remand Homes) Regulations 2001 (Cap 38, Reg 20-21, 1993 Rev Ed Sing), reg 20-21.
30: https://www.corpun.com/counsgs.htm
31: https://www.corpun.com/sgjur2.htm
36: There is a very interesting four-part documentary on prison conditions by Tian Boon Keng, made by Channel NewsAsia (CNA) in 2022.
