Chan Cheow Khiang v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Yong Pung How CJ
• Judgment Date: 07 August 1996
• Neutral Citation: [1996] SGHC 155
• Date: 1996
• Published date: 19 September 2003
• Year: 1996
• Plaintiff Counsel: William Glen How QC and S Asogan (R Raman & Co)
• Citation: [1996] SGHC 155
• Defendant Counsel: Bala Reddy (Deputy Public Prosecutor)
• Court: High Court (Singapore)
• Subject Matter: Whether appellant was member of unlawful society,Constitutional Law,Friendly societies,Extent of right,Whether ministerial order deregistering a religious organisation invalid or unconstitutional,s 14(3) Societies Act (Cap 311),Unincorporated Associations and Trade Unions,Jehovah's Witnesses,Unlawful society,Fundamental liberties,Registration,art 15(1)(4) Constitution of the Republic of Singapore,Right to religious freedom

Cur Adv Vult

The appellant was charged and convicted of an offence under s 14(3) of the Societies Act (Cap 311) (the Act) for being a member of an unlawful society, namely, the Jehovah`s Witnesses. The charge was as follows:

You, Chan Cheow Khiang, male 43 years, NRIC No 0065349G are charged that you, on or about 24 February 1995, at about 11.15pm, at house No 21 Jalan Salang, Singapore, were a member of an unlawful society, to wit, Jehovah`s Witnesses, and you have thereby committed an offence punishable under s 14(3) of the Societies Act (Cap 311).

The appellant was fined $2,000 and in default ordered to serve one week`s imprisonment. He refused to pay the fine and served his default prison term.

The facts in brief

The Singapore Congregation of Jehovah`s Witnesses (SCJW) was deregistered by the Minister for Home Affairs by Gazette Notification No 179 dated 14 January 1972 (hereinafter known as `Order 179`) in exercise of his powers under s 24(1) of the Societies Act.

Further, by Ministerial Order No 123 dated 14 January 1972 and Order No 405 dated 4 February 1994 made under the Undesirable Publications Act (Cap 338) the importation, sale and circulation of all publications published or printed by the Watchtower Bible and Tract Society (WBTS) and the International Bible Students Association (IBSA) were prohibited.

On 24 February 1995, Inspector Seak Teck Song of the Secret Societies Branch of the CID and three other officers were told to go to No 21 Jalan Salang to raid the premises and seize any literature and publications which were suspected to be prohibited publications by WBTS and IBSA. They had also been directed to arrest the appellant who was suspected to be a member of an unlawful society, the Singapore Congregation of Jehovah`s Witnesses. The appellant was arrested and a number of prohibited publications and literature were also confiscated.

The following facts were not disputed by the appellant. He had been a member of the Jehovah`s Witnesses since 1967, the year when he was baptised, and had to date, continued in the faith. At present he was a Minister of the Gospel in the Singapore Congregation of Jehovah`s Witnesses and was an elder of congregation No 8. He had also served as a circuit overseer and a district overseer.

According to the appellant, a combination of several circuits form a district. The district overseer reports to a branch office and the branch offices around the world report to a governing body in New York. The appellant admitted that he previously served as a member of the Singapore Branch Committee and was presently a member of the Malaysian Branch Committee. He was also a member of the Legal Committee of the Jehovah`s Witnesses in Singapore and of a special committee which looked into problems of the body of elders of congregation No 3.

The trial judge`s decision

At the hearing below, counsel for the appellant submitted the following constitutional questions and made an application that they be referred to the High Court pursuant to s 56A of the Subordinate Courts Act (Cap 321):

(1) Does art 15(1) of the Singapore Constitution protect a person`s right to profess and practice as one of the faith of Jehovah`s Witnesses, without the group`s being registered under the Societies Act ?

(2) Does art 15(3) of the...