Public Prosecutor V. Taw Cheng Kong
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Public Prosecutor V. Taw Cheng Kong
''Public Prosecutor v. Taw Cheng Kong'' is a landmark case decided in 1998 by the Court of Appeal of Singapore which shaped the landscape of Singapore's constitutional law. The earlier High Court decision, ''Taw Cheng Kong v. Public Prosecutor'', was the first instance in Singapore's history that a statutory provision was struck down as unconstitutional. The matter subsequently reached the Court of Appeal when the Public Prosecutor applied for a criminal reference for two questions to be considered. The questions were: # whether section 37(1) of the ("PCA") was ''ultra vires'' the powers of the legislature on the ground that the legislature had, under section 6(3) of the , been divested of the power to legislate extraterritorially; and # whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the (now the ). In answering both questions in the negative, the Court of Appeal overturned the High Court's fin ...
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Court Of Appeal Of Singapore
The Court of Appeal of Singapore is the nation's highest court and court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the Judges of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building. The Court exercises only appellate jurisdiction in civil and criminal matters. In other words, it possesses no original jurisdiction – it does not deal with trials of matters coming before the court for the first time. In general, the Court hears civil appeals from decisions of the High Court made in the exercise of the latter's original and appellate jurisdiction, that is, decisions on cases that started in the High Court as well as decisions that were appealed from the State Courts of Singapore to the H ...
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Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ...
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Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically English law#Common law, England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no jud ...
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Ministry Of Home Affairs (Singapore)
The Ministry of Home Affairs (MHA; ms, Kementerian Ehwal Dalam Negeri; zh, 内政部; ta, உள்துறை அமைச்சு), sometimes referred to as the Home Team, is a ministry of the Government of Singapore responsible for overseeing the national security, public security, civil defence, border control and immigration of Singapore. History The Ministry of Home Affairs was set up in 1959 when Singapore attained self-governance. Housed at the Empress Place Building, it remained there until 16 September 1963 when Singapore joined Malaysia and internal affairs became a federal responsibility. After gaining independence on 9 August 1965, Home Affairs returned to Empress Place under the purview of the Ministry of Interior and Defence (MID). MID stayed there for several months before it was re-located to Pearl's Hill (former Lower Barracks of Police). On 11 August 1970, the Ministry of Interior and Defence was separated into two ministries, the Ministry of Home Affa ...
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Permanent Residency
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR). Permanent residency itself is distinct from right of abode, which waives immigration control for such persons. Persons having permanent residency still require immigration control if they do not have right of abode. However, a right of abode automatically grants people permanent residency. This status also gives work permit in most cases. In many Western countries, the status of permanent resident confers a right of abode upon the holder despite not being a citizen of the particular country. Nations with permanent residency systems Not every nation allows perm ...
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Differentia
In scholastic logic, differentia is one of the predicables. It is that part of a definition which is predicable in a given genus only of the definiendum; or the corresponding " metaphysical part" of the object. Origin Plato implicitly employed the concept of differentia when he conceived his method of ''diairesis''. Aristotle was the first to use the term ''diaphora'' (διαφορά) in a systematic fashion; but he had no explicit theory about it, and his understanding of the term is controversial. A theory was only provided by Porphyry's explicit treatment of the predicables presented in his ''Isagoge''. The elaborate scholastic theory of the predicables evolved οn the basis of Boethius' translation of the Isagoge, where the Greek term ''diaphora'' was rendered in Latin as "differentia". In ancient Greek ''adiaphora'' - is the negation of ''diaphora'' - is an important term in Hellenistic philosophy. However, only in Pyrrhonism does it appear to be a denial of Aristotle's ...
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Rational Nexus Test Applied To The Singapore Constitution, Article 12(1), In Taw Cheng Kong V Public Prosecutor (High Court, 1998)
Rationality is the quality of being guided by or based on reasons. In this regard, a person acts rationally if they have a good reason for what they do or a belief is rational if it is based on strong evidence. This quality can apply to an ability, as in rational animal, to a psychological process, like reasoning, to mental states, such as beliefs and intentions, or to persons who possess these other forms of rationality. A thing that lacks rationality is either ''arational'', if it is outside the domain of rational evaluation, or '' irrational'', if it belongs to this domain but does not fulfill its standards. There are many discussions about the essential features shared by all forms of rationality. According to reason-responsiveness accounts, to be rational is to be responsive to reasons. For example, dark clouds are a reason for taking an umbrella, which is why it is rational for an agent to do so in response. An important rival to this approach are coherence-based ac ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Ong Ah Chuan V
Ong or ONG may refer to: Arts and media * Ong's Hat, a collaborative work of fiction * “Ong Ong”, a song by Blur from the album The Magic Whip Places * Ong, Nebraska, US, city * Ong's Hat, New Jersey, US, ghost town * Ong River, Odisha, India * Mornington Island Airport, IATA airport code "ONG" Other uses * Ong (surname), Chinese surname * Ong language * ONE Gas (Oklahoma Natural Gas), a component of ONEOK, Inc. * Non-governmental organization, abbreviated ONG in French, Italian, Spanish, Romanian and Portuguese (NGO in English) * '' Ipomoea aquatica'' or Ong choi, a semi-aquatic tropical plant grown as a leaf vegetable See also * Battle of Ong Thanh The Battle of Ong Thanh was fought at the stream of that name (Ông Thành) on the morning of 17 October 1967, in Chơn Thành District, at the time part of Bình Dương Province, South Vietnam, today in Bình Phước Province. During the ...
, Vietnam (1967) {{disambiguation, geo ...
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Article 12 Of The Constitution Of The Republic Of Singapore (1999 Reprint) - 01
Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: Government and law * Article (European Union), articles of treaties of the European Union * Articles of association, the regulations governing a company, used in India, the UK and other countries * Articles of clerkship, the contract accepted to become an articled clerk * Articles of Confederation, the predecessor to the current United States Constitution *Article of Impeachment, a formal document and charge used for impeachment in the United States * Articles of incorporation, for corporations, U.S. equivalent of articles of association * Articles of organization, for limited liability organizations, a U.S. equivalent of articles of association Other uses * Article, an HTML element, delimited by the tags and * Article of clothing, a ...
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History Of The Republic Of Singapore
The history of the Republic of Singapore began when Singapore was expelled from Malaysia and became an independent republic on 9 August 1965. After the separation, the fledgling nation had to become self-sufficient, however was faced with problems including mass unemployment, housing shortages and lack of land and natural resources such as petroleum. During Lee Kuan Yew's term as Prime Minister from 1959 to 1990, his government curbed unemployment, raised the standard of living and implemented a large-scale public housing programme. The country's economic infrastructure was developed, racial tension was eliminated and an independent national defence system was established. Singapore evolved from a third world nation to first world nation towards the end of the 20th century. In 1990, Goh Chok Tong succeeded Lee as Prime Minister. During his tenure, the country tackled the economic impacts of the 1997 Asian financial crisis and the 2003 SARS outbreak, as well as terrorist thre ...
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