Mark Gan Zhiwei v Chen Yu Ting @ Kerry

• Jurisdiction: Singapore
• Judge: Soh Tze Bian
• Judgment Date: 21 January 2021
• Neutral Citation: [2021] SGDC 15
• Court: District Court (Singapore)
• Docket Number: DC/PHA/95/2020
• Published date: 03 February 2021
• Year: 2021
• Hearing Date: 21 January 2021
• Plaintiff Counsel: Applicant in person
• Defendant Counsel: Respondent in person
• Citation: [2021] SGDC 15

District Judge Soh Tze Bian:INTRODUCTION

The Applicant who lives in an apartment at 6, Geylang East Avenue 2, #XXX had filed an application undersection 12 of the Protection from Harassment Act (POHA) against the Respondent who owns an apartment 2 floors below the Applicant at 6, Geylang East Avenue 2, #XXX where her tenants allegedly live for orders that the Respondent and her tenants be prohibited from doing the following thing(s) in relation to the Applicant:Using a WIFI jammer that adds more unnecessary radiation to the vicinity of the Applicant’s environment and contravenes IMDA's telecommunications 3rd Act on interference with their WIFI airwaves.Using more than 1 WIFI internet network/SSID within and around the compounds of the Respondent’s home.Ignoring or not complying with the Applicant’s demands as a medically and objectively (scientifically) proven electrohypersensitive sufferer and functionally disabled person.Conspiring with her tenants from China who are all youths to intentionally install more WIFI networks and access points than is truly necessary seeing that such artificial radiation emitted poses an assault on A’s physiological/physical, and consequently, mental/emotional torture/pain/suffering.Not to publish or continue to publish the following offending communication(s): Indicating wireless interference due to WIFI Jammer her tenants have purchased and allowed to use.

In the Originating Summons (OS), the Applicant had applied for a protection order in relation to a “name of related person”. As this name was not stated in the OS, I dismissed this prayer in the OS in relation to this unnamed person.

APPLICATION

The gist of the Applicant’s application is that due to his alleged electro hypersensitivity (EHS) condition, he has suffered harassment, alarm or distress from the alleged WIFI signals which he believes emanate from the alleged use of WIFI jammer and of more than 1 WIFI internet network from and in the Respondent’s apartment, and he is therefore entitled to a protection order under the POHA against the Respondent and her tenants.

RESPONSE

The Respondent’s response¹ to the application is that the allegations are frivolous and completely without merit as her tenants have moved out on 30 July 2020 and she did not use a Wi-Fi jammer in her apartment which is presently vacant as she does not live in the apartment.

APPLICABLE LEGISLATION POHA

The relevant provision of sections 3, 4, 5, 7 and 12 of the POHA state as follow:“Interpretation2(1)In this Act, unless the context otherwise requires —

“communication” means any words, image (moving or otherwise), message, expression, symbol or other representation that can be seen, heard or otherwise perceived by any person, or any combination of these;

“offending communication”, in relation to any contravention of a provision under this Act, means any communication or statement made in contravention of that provision;

“related person”, in relation to a person, means another person about whose safety or well-being the first mentioned person would reasonably be expected to be seriously concerned;

Intentionally causing harassment, alarm or distress3(1)An individual or entity must not, with intent to cause harassment, alarm or distress to another person (called in this section the target person), by any means —(a)use any threatening, abusive or insulting words or behaviour;(b)make any threatening, abusive or insulting communication; or(c)publish any identity information of the target person or a related person of the target person,and as a result causing the target person or any other person (each called in this section the victim) harassment, alarm or distress.[Sections 3(2) to 3(3)—relate to an offence and not relevant]

Illustrations(a)X and Y are co-workers. At the workplace, X loudly and graphically describes to the other co-workers X’s desire for a sexual relationship with Y in an insulting manner. X knows that Y is within earshot and intends to cause Y distress. Y is distressed. X is guilty of an offence under this section.(b)X writes a letter containing threatening words towards Y intending to send the letter to Y to cause him alarm. X decides not to send the letter and throws it away. Y finds the letter and is alarmed. X is not guilty of an offence under this section as he had no reason to believe that the letter would be seen by Y.(c)X and Y were formerly in a relationship which has since ended. X writes a post on a social media platform making abusive and insulting remarks about Y’s alleged sexual promiscuity. In a subsequent post, X includes Y’s photographs and personal mobile number, intending to cause Y harassment by facilitating the identification or contacting of Y by others. Y did not see the posts, but receives and is harassed by telephone calls and SMS messages from strangers (who have read the posts) propositioning Y for sex. X is guilty of an offence under section 3(2) in relation to each post.(d)X records a video of Y driving recklessly in a car on the road. X posts the video on an online forum, where people share snippets of dangerous acts of driving on the road. X posts the video with the intent to warn people to drive defensively. X has not committed an offence under this section.

Harassment, alarm or distress4(1)An individual or entity must not by any means —(a)use any threatening, abusive or insulting words or behaviour; or(b)make any threatening, abusive or insulting communication,which is heard, seen or otherwise perceived by any person (referred to for the purposes of this section as the victim) likely to be caused harassment, alarm or distress.[Sections 4(2) to 3(3)—relate to an offence and not relevant]

Illustrations (a)X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all of their classmates. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section.(b)X and Y are classmates. X gathers with other classmates outside Y’s family home, where Y lives with Y’s parents, and shouts threats at Y. Y is not at home. Y’s mother hears X’s threats and is distressed, because she fears for Y’s safety. X is guilty of an offence under this section.(c)X enters a bus station and starts to brandish a sword. Several persons present are alarmed by X’s behaviour. X is guilty of an offence under this section even though X’s actions were not directed at anyone.

Fear, provocation or facilitation of violence5(1)An individual or entity must not by any means use towards another person (called in this section, except subsection (1A), the victim) any threatening, abusive or insulting words or behaviour, or make any threatening, abusive or insulting communication to another person (also called in this section, except subsection (1A), the victim), either —(a)with the intent —(i)to cause the victim to believe that unlawful violence will be used by any person against the victim or any other person; or(ii)to provoke the use of unlawful violence by the victim or another person against any other person; or(b)whereby —(i)the victim is likely to believe that such violence referred to in paragraph (a)(i) will be used; or(ii)it is likely that such violence referred to in paragraph (a)(ii) will be provoked.(1A)An individual or entity must not by any means publish any identity information of another person (called in this subsection the victim) or a related person of the victim, either —(a)with the intent —(i)to cause the victim to believe that unlawful violence will be used against the victim or any other person; or(ii)to facilitate the use of unlawful violence against the victim or any other person; or(b)knowing or having reasonable cause to believe that it is likely —(i)to cause the victim to believe that unlawful violence will be used against the victim or any other person; or(ii)to facilitate the use of unlawful violence against the victim or any other person.[Sections 5(2) to 3(3)—relate to an offence and not relevant]

Illustrations (a)X and Y are classmates. X writes a post with threatening and abusive remarks against Y on a website accessible to all their classmates. X writes a subsequent post on the same website, stating Y’s identity information and stating “Everyone, let’s beat Y up!”. X is guilty of an offence under this section in respect of the subsequent post.(b)X writes a public post on a social media platform containing threats against Y. X publishes a subsequent public post stating A’s home address and a message “I know where you live”. X is guilty of an offence under this section relating to conduct mentioned in section 5(1A)(a)(i) if X intends the subsequent post to cause Y to believe that violence will be used against A, or an offence under this section relating to conduct mentioned in section 5(1A)(b)(i) if X knows that it is likely that Y will believe that violence will be used against Y as a result of X’s subsequent post.(c)X writes a post (on a social media platform to which Y does not have access) containing threats of violence against Y and calling others to “hunt him down and teach him a lesson”. B posts Y’s home address in reply to X’s post. B is guilty of an offence under this section.

Unlawful stalking7(1)An individual or entity must not unlawfully stalk another person.(2)Subject to subsection (7), an individual or entity (called in this section the accused) unlawfully stalks another person (referred to for the purposes of this section as the victim) if the accused engages in a...