Re Application of Foong Jam Keong

• Jurisdiction: Singapore
• Judge: Chua F A J
• Judgment Date: 14 May 1967
• Neutral Citation: [1967] SGHC 9
• Date: 14 May 1967
• Subject Matter: Contempt of Court,Comments prejudicial to applicant in a pending criminal trial,Time of disorder and lawlessness,Editorial comment by newspaper,Public interest,Statement by minister to newspaper,Prevailing circumstances
• Docket Number: Originating Motions Nos 75 and
• Published date: 19 September 2003
• Defendant Counsel: Graham S Hill,Francis T Seow (AG Solicitor-General)
• Court: High Court (Singapore)
• Plaintiff Counsel: TT Rajah

These are two motions by Foong Jam Keong to the court for the exercise of the summary jurisdiction it possesses in cases of contempt. The particular contempt alleged being the making and publishing of comments prejudicial to the applicant in a pending criminal trial. The persons against whom these applications are directed are Dr Goh Keng Swee, the Minister of the Interior and Defence and the Straits Times Press (Malaya) Ltd, the proprietors and publishers of the Straits Times newspaper.

The circumstances which give rise to these applications are shortly these. On the night of 22 October 1966, at a variety concert at the Gay World Stadium certain persons clashed with the police. The police opened fire and some persons were wounded. The applicant was one of the persons wounded. He was taken to hospital and in the early hours of the morning of 23 October he was arrested. On 24 October the applicant and some others were charged in the magistrate`s court under ss 148 and 332 of the Penal Code. On 25 October there appeared on page nine of the Straits Times a report of the proceedings in the magistrate`s court, (exh FJK1). The report was headed `18 people accused of rioting in Singapore.` It was reported that thirteen people were charged in a magistrate`s court on Monday 24 October with being members of unlawful assemblies, rioting and causing hurt to police officers on the night of 21 October and on 22 October and that five others were charged with the same offences in the General Hospital by a magistrate and that they all pleaded guilty. The report went on to say that:

In the court six men faced a charge of being members of an unlawful assembly about 8.45pm on Saturday at the Gay World amusement park and causing hurt to Inspector Ong Eng Say and a party of police officers thereby committing an offence of rioting while armed with chairs, bottles and wooden poles. They also faced a charge of causing hurt to Inspector Ong and his party in the discharge of their duties.

The names of these six men were published which included the name `Foong Jam Keong`. (There is no dispute that this person was the applicant). The names of the three other men who were in the General Hospital and who faced similar charges were also published. It was further reported (1) that three men and a girl were charged with `being members of an unlawful assembly at Eu Tong Sen Street, New Bridge Road and Pagoda Street about 8.20pm last night and assaulting and causing hurt to police officers`; (2) that three men were charged with `being members of an unlawful assembly and rioting while armed with bottles and chairs about 8pm last night at the junction of Arab Street, Victoria Street and causing hurt to police constable Chin Poh Chin`; and (3) that two men were charged in the General Hospital with `being members of an unlawful assembly about 8.10 o`clock last night at Tiwari Street and Rochore Canal Road and causing hurt to Inspector Mohamed bin Abdul Manap and a party of police officers thereby committing an offence of rioting while armed with bottles and stones`.

On the front page of the same issue of the Straits Times there appeared an article written by Yeo Toon Joo, a reporter of the Straits Times dated Monday 24 October (exh FJK 2). The headlines were `We`ll clobber you properly if ...`; `Trouble makers get a warning.` It is unnecessary to read in full the article, but it stated, inter alia, as follows:

The Minister for the Interior and Defence Dr Goh Keng Swee today warned Barisan Sosialis supporters that they would be `clobbered properly` if they continued their lawlessness. He was speaking at the General Hospital this afternoon, after visiting police constable Chin Poh Chin, 21, who is in hospital with a fractured skull after being clubbed by a mob of party-backed demonstrators at Tiwari Street last night. He said I do not think we can tolerate lawlessness of this kind. Those responsible will have to bear the consequences. If there is any more of this business, we are going to clobber them properly.`Asked to comment on Saturday night`s shooting at the Gay World in which ten Barisan men were wounded, he said: `The police shot in self-defence. There was only a small party of them, and they were cornered by a crowd of about 100.` The police statement said: `Following the refusal by the organisers of the variety show sponsored jointly by the Barisan Sosialis and Partai Rakyat at the Gay World Stadium to admit police officers on Saturday, and the subsequent attack on these officers by the supporters, the licence to hold the show was cancelled yesterday.`

The article then went on to give the five incidents of illegal demonstrations listed by the police which took place in various parts of the town and Geylang on the night of Sunday 23 October.

On Wednesday 26 October the Straits Times published a statement issued to the Press by the Ministry of Interior and Defence on Tuesday the 25 October (Ex FJK 4). It is unnecessary to read out the statement in full. The part objected to by the applicant as being prejudicial to him in the conduct of his defence on the charges which were pending against him reads as follows:

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