De Souza Kevin Desmond and Others v Minister of Home Affairs and Others

• Jurisdiction: Singapore
• Judge: Lai Kew Chai J
• Judgment Date: 27 May 1988
• Neutral Citation: [1988] SGHC 46
• Citation: [1988] SGHC 46
• Date: 27 May 1988
• Published date: 19 September 2003
• Plaintiff Counsel: Geoffrey Ronald Robertson QC and George Lim (Wee Tay & Lim)
• Docket Number: Originating Motions Nos 54, 55 and 56 of 1988
• Defendant Counsel: Geoffrey Ronald Robertson QC and Peter Low (SK Chua & Peter Low),S Tiwari, Soh Tze Bian and Joyce Huen (Attorney General's Chambers),Geoffrey Ronald Robertson QC and Rajan Nair (Rajan Nair)
• Court: High Court (Singapore)
• Year: 1988

Cur Adv Vult

By three originating motions heard on Monday, 23 May 1988, the applicants applied for writs of habeas corpus ad subjiciendum. If they could show that their detentions were illegal or improper, such writs would issue.

The applicant, Kevin Desmond de Souza, a law graduate about to complete his pupillage, and the second applicant, Madam Wong Souk Yee, who was actively engaged in stage drama, were arrested without warrants on 21 May 1987. The third applicant, Ms Chng Suan Tze, a lecturer in the Singapore Polytechnic who was also actively engaged in stage drama with Madam Wong Souk Yee, was arrested also without a warrant a month later on 20 June 1987. They were all arrested under the Internal Security Act (Cap 143) (the Act) and remained in policy custody during which time they were interrogated and statements were taken from them. The first two applicants remained in police custody until 19 June 1987 when on that day the Minister for Home Affairs made two orders under s 8(1) of the Act that they be forthwith detained for a period of one year from 20 June 1987. The third applicant was also detained forthwith for a period of one year with effect from 19 July 1987 under a ministerial detention order made on 18 July 1987.

The order of detention in respect of the first applicant is as follows:

The Internal Security Act

(Cap 143)

Order of Detention under s 8(1)(a)

To: The Director of Prisons,

Singapore

and to: The Commissioner of Police,

Singapore, an other police

officers and to all others

whom it may concern.

Whereas the President is satisfied with respect to one De Souza Kevin Desmond NRIC No 1470341-A of 200 West Coast Road, # 02-03, Singapore 0512 that, with a view to preventing him from acting in any manner prejudicial to the security of Singapore or to the maintenance of public order or essential services therein, it is necessary to detain him:

Now, therefore, the Minister for Home Affairs, in exercise of the powers conferred on him by s 8 of the Internal Security Act, has directed -

(a) under sub-s (1)(a) of s 8 of the Act that the said De Souza Kevin Desmond be detained for a period of one year* with effect from the 20th day of June 1987; and

(b) under sub-s (4) of s 8 of the Act that the said De Souza Kevin Desmond be detained at Whitley Road Centre or at such other place as he may from time to time direct.

Made this 19th day of June 1987.

Sgd: Cheong Quee Wah

Permanent Secretary

Ministry of Home Affairs

Singapore

*Insert period not exceeding two years.

The order of detention in respect of the second applicant is as follows:

The Internal Security Act

(Cap 143)

Order of Detention under s 8(1)(a)

To: The Director of Prisons, Singapore

and to: The Commissioner of Police,

Singapore, all other police

officers and to all others

whom it may concern.

Whereas the President is satisfied with respect to one Wong Souk Yee NRIC No 1284988-E of Blk 52 Telok Blangah Drive # 20-86, Singapore 0410 that, with a view to preventing her from acting in any manner prejudicial to the security of Singapore or to the maintenance of public order or essential services therein, it is necessary to detain her:

Now, therefore, the Minister for Home Affairs, in exercise of the powers conferred on him by s 8 of the Internal Security Act, has directed -

(a) under sub-s (1)(a) of s 8 of the Act that the said Wong Souk Yee be detained for a period of one year* with effect from the 20th day of June 1987; and

(b) under sub-s (4) of s 8 of the Act that the said Wong Souk Yee be detained at Whitley Road Centre or at such other place as he may from time to time direct.

Made this 19th day of June 1987.

Sgd: Cheong Quee Wah

Permanent Secretary Ministry of Home Affairs Singapore

*Insert period not exceeding two years.`

The order of detention in respect of the third applicant is as follows:

The Internal Security Act

(Cap 143)

Order of Detention under s 8(1)(a)

To: The Director of Prisons, Singapore

and to: The Commissioner of Police,

Singapore, all other police

officers and to all others

whom it may concern.

Whereas the President is satisfied with respect to one Chng Suan Tze NRIC No 0149356-F of Apt Blk 102 Henderson Crescent #04-18 Singapore 0315 that, with a view to preventing her from acting in any manner prejudicial to the security of Singapore or to the maintenance of public order or essential services therein, it is necessary to detain her:

Now, therefore, the Minister for Home Affairs, in exercise of the powers conferred on him by s 8 of the Internal Security Act, has directed -

(a) under sub-s (1)(a) of s 8 of the Act that the said Chng Suan Tze be detained for a period of one year* with effect from the 19th day of July 1987; and

(b) under sub-s (4) of s 8 of the Act that the said Chng Suan Tze be detained at Whitley Road Centre or at such other place as he may from time to time direct.

Made this 18th day of July 1987.

Sgd: BG Tan Chin Tiong Permanent Secretary

Ministry of Home Affairs Singapore

*Insert period not exceeding two years.

Copies of the orders of detention were duly served on each of the three applicants and at the same time each of them was furnished with a statement in writing as required by s 11 of the Act. As the grounds on which each detention order was made and the allegations of fact asserted against each of the applicants are in some material respects distinctive in each case, I have to set them out in seriatim.

The statement applicable to the first applicant is as follows:

Statement required under s 11(2)(b) of the Internal Security Act (Cap 143).

Detainee`s Name: Kevin Desmond De Souza

Grounds on which a detention order is made

Between 1985 and May 87, you acted in a manner prejudicial to the security of Singapore by being involved in a Marxist conspiracy to subvert the existing social and political system in Singapore, using communist united front tactics, with a view to establishing a Marxist state.

Allegation of fact

1 That since 1985, you came under the influence of Vincent Cheng, the central figure in the Marxist conspiracy, and had subsequently participated in activities to further the conspiracy.

(2) That since January 1986, you have been involved, together with Vincent Cheng, in the Coalition of Organizations for Religion and Development (CORD), to exert influence and control over Catholic organizations and their leaders so that they could become a political pressure group and part of a united front to subvert the existing social and political system.

By the Direction of the Minister for Home Affairs.

Sgd: Cheong Quee Wah

Permanent Secretary

Ministry of Home Affairs

Singapore

The statement applicable to the second applicant is as follows:

Statement required under s 11(2)(b) of the Internal Security Act (Cap 143).

Detainee`s Name: Wong Souk Yee (f)

Grounds on which a detention order is made

Between 1983 and May 87, you acted in a manner prejudicial to the security of Singapore by being involved in a Marxist conspiracy to subvert the existing social and political system in Singapore, using communist united front tactics, with a view to establishing a Marxist state.

Allegation of fact

That you, in collaboration with a few ex-activists of the Federation of United Kingdom and Eire, Malaysian and Singapore Students` Organizations (FUEMSSO), who were members of Tan Wah Piow`s Marxist discussion group in the United Kingdom, established the drama group Third Stage, in Singapore, in 1983, with the purpose of using it as a vehicle to subvert the existing socio-political system.

By the Direction of the Minister for Home Affairs.

Sgd: Cheong Quee Wah

Permanent Secretary Ministry of Home Affairs

Singapore

The statement applicable to the third applicant is as follows:

Statement required under s 11(2)(b) of the Internal Security Act (Cap 143).

Detainee`s Name: Chng Suan Tze (f)

Grounds on which a detention order is made

You acted in a manner prejudicial to the security of Singapore:

(a) by being involved, between 1975 and 1981, in the Pro-communist activities of the Student Christian Movement of Singapore (SCMS);

(b) by being involved, between 1984 and May 1987, in a Marxist conspiracy to subvert the existing social and political system in Singapore, using communist united front tactics, with a view to establishing a Marxist state.

Allegation of Fact

1 That you were, from 1975 till 1981, involved in the pro-communist activities of the SCMS. As a founder member of Gendang Enterprises, a cultural group formed by the SCMS, you were involved in Gendang`s activities which included singing progressive songs and performing plays which exaggerated the plight of the poor and the inadequacies of the existing system.

(2) That while studying in the United Kingdom from 1981 to 1983, you came under the influence of Tan Wah Piow. You supported Tan Wah Piow`s idea of using drama as a means to reach out and radicalise the public in Singapore and on his suggestion, you joined the drama group Third Stage in 1984 following your return to Singapore. Since then till May 87, you played a prominent role in making use of Third Stage as a tool to arouse disaffection among the people towards the existing socio-political system.

By the Direction of the Minister for Home Affairs.

Sgd: BG Tan Chin Tiong

Permanent Secretary

Ministry of Home Affairs

Singapore

Although the...