Yong Vui Kong V Public Prosecutor
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Yong Vui Kong V Public Prosecutor
''Yong Vui Kong v. Public Prosecutor'' was a seminal case decided in 2010 by the Court of Appeal of Singapore which, in response to a challenge by Yong Vui Kong, a convicted drug smuggler, held that the mandatory death penalty imposed by the ("MDA") for certain drug trafficking offences does not infringe Articles 9(1) and 12(1) of the Constitution of Singapore. Article 9(1) states: "No person shall be deprived of his life or personal liberty save in accordance with law." The Court of Appeal held that the term ''law'' does not exclude laws sanctioning inhuman punishment. This does not mean that all laws are justified whatever their nature. Laws which violate fundamental rules of natural justice, or those that are absurd or arbitrary cannot be considered law. Nonetheless, the threshold of culpability in imposing the mandatory death penalty for drug-related offences is a matter of policy and is therefore a matter for legislation and not for the courts to decide. The Court disti ...
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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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Customary International Law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries. The United Nations General Assembly welcomed the Conclusions and encouraged their widest possibl ...
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Stay Of Execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not always mean the death penalty. It refers to the imposition of whatever judgment is being stayed and is similar to an injunction. A stay can be granted automatically by operation of law or by order of a court, either following a motion or by agreement of the parties. If a party appeals a decision, any judgment issued by the original court may be stayed until the appeal is resolved. Death penalty stays In cases that the death penalty has been imposed, a stay of execution is often sought to defer the execution of the convicted person. That may occur if new evidence is discovered to exonerate the convicted person or in attempts to have the sentence commuted to life imprisonment. In the United States, all death sentences are automatically stayed pending a direct review by an appeals court. If the death sentence is found to have been legally ...
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Woo Bih Li
Woo Bih Li is a Singaporean judge of the Supreme Court. Woo received his Bachelor of Laws from the University of Singapore in 1977, and was admitted as an advocate and solicitor of the Supreme Court the following year. He joined the Singaporean law firm Allen & Gledhill in 1970 and in 1992, he established Bih Li & Lee in 1992, becoming its Managing Partner. Having been appointed Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ... in 1997, he was appointed Judicial Commissioner in May 2000, and Judge of the Supreme Court in January 2003. References External linksSupreme Court of Singapore website 1954 births Living people Anglo-Chinese School alumni Judges of the Supreme Court of Singapore National University of Singapore alumni Singaporean Christian ...
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Motion (legal)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions m ...
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M Ravi
Ravi Madasamy ( ta, ரவி மாடசாமி), better known as M Ravi, is a Singaporean human rights lawyer and activist. Known for his work as a cause lawyer, he has served as counsel in multiple high-profile court cases in Singapore, many of which have become leading cases in Singaporean constitutional law and Singapore's approach toward capital punishment and LGBT rights. After graduating from the National University of Singapore and Cardiff University, Ravi qualified and practiced law in Singapore. He was defence counsel for death row inmates Yong Vui Kong, Gobi Avedian, and Cheong Chun Yin, all of whom had their death sentences separately commuted to jail terms (life imprisonment for Yong and Cheong, and 15 years' imprisonment for Gobi). Throughout his career, he launched lawsuits against the Singapore government on human rights issues, including the constitutionality of Section 377A, freedom of expression, and voting rights, many of which have led to judicial and po ...
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Misuse Of Drugs Act (Singapore)
The Misuse of Drugs Act 1973 is a drug control law in Singapore classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes. The statute's penal provisions are severe by most nations' standards, providing for long terms of imprisonment, caning, and capital punishment. The law creates a presumption of trafficking for certain threshold amounts, e.g. 30 grams of cannabis. It also creates a presumption that a person possesses drugs if he possesses the keys to a premises containing the drugs, and that "Any person found in or escaping from any place or premises which is proved or presumed to be used for the purpose of smoking or administering a controlled drug shall, until the contrary is proved, be presumed to have been smoking or administering a controlled drug in that place or premises." Thus, one runs the risk of arrest for drug use by simpl ...
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Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Malaysia. Peninsular Malaysia shares a land and maritime Malaysia–Thailand border, border with Thailand and Maritime boundary, maritime borders with Singapore, Vietnam, and Indonesia. East Malaysia shares land and maritime borders with Brunei and Indonesia, and a maritime border with the Philippines and Vietnam. Kuala Lumpur is the national capital, the country's largest city, and the seat of the Parliament of Malaysia, legislative branch of the Government of Malaysia, federal government. The nearby Planned community#Planned capitals, planned capital of Putrajaya is the administrative capital, which represents the seat of both the Government of Malaysia#Executive, executive branch (the Cabine ...
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Cabinet Of Singapore
The Cabinet of Singapore forms the executive branch of the Government of Singapore together with the President. It is led by the Prime Minister who is the head of government. The prime minister is a Member of Parliament (MP) appointed by the president who in the president's judgment is likely to command the confidence of the majority of the Members of Parliament (MPs). The other Ministers in the Cabinet are Members of Parliament appointed by the president acting in accordance with the advice of the prime minister. Ministers are prohibited from holding any office of profit and from actively engaging in any commercial enterprise. The Cabinet has the general direction and control of the Government and is collectively responsible to Parliament. It also has significant influence over lawmaking. Ministers may be designated by the prime minister to be in charge of particular ministries, or as Ministers in the Prime Minister's Office. Singapore's ministers are the highest paid in ...
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Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a part ...
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President Of Singapore
The president of Singapore is the head of state of the Singapore, Republic of Singapore. The role of the president is to safeguard the Reserves of the Government of Singapore, reserves and the integrity of the Singapore Civil Service, public service. The presidency is largely ceremonial, with the Cabinet of Singapore, Cabinet led by the Prime Minister of Singapore, prime minister having the general direction and control of the Government of Singapore, government. The incumbent president is Halimah Yacob, who took office on 14 September 2017. She is also the first female president in the country's history. History The office of the ''President of the Republic of Singapore'' was created on 9 August 1965 when Singapore achieved independence from Malaysia. It replaced the office of Yang di-Pertuan Negara which was created when Singapore attained Self-governance of Singapore, self-governance from the United Kingdom in 1959. The last Yang di-Pertuan Negara, Yusof Ishak, became the first ...
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