新加坡国会讨论：拘留私会党犯罪成员流程是否要修改

It was against this backdrop that the Act was introduced. The Act gave the Government levers to deal effectively with the problem. Under the Act, the Minister for Home Affairs may detain, or place under Police supervision, persons associated with activities of a criminal nature. These activities are set out in the Fourth Schedule of the Act and include involvement in a secret society or as a gangster.

These powers are exercised carefully and sparingly. The Minister must be satisfied that detaining a person under the Act is necessary in the interests of public safety, peace and good order. The power to detain someone under the Act is used only when prosecution is not viable. For example, because victims and witnesses refuse to testify for fear of reprisal.

We have put in place safeguards in the exercise of these powers. First, the consent of the Public Prosecutor must be obtained for a detention order or supervision order. He must be satisfied that prosecution is not viable, before allowing executive action under the Act.

Second, we have three committees that are independent of the Ministry of Home Affairs (MHA) to ensure that detentions are necessary in the interests of public safety, peace and good order.

The first committee scrutinises every detention and supervision order issued by the Minister. It is chaired by a sitting Judge of the Supreme Court and comprises senior and experienced lawyers. It examines the evidence that was considered by the Minister in issuing the order and submits its report to the President to recommend the confirmation, variation or cancellation of the order.

A second committee considers every confirmed detention order at least once annually. It will consider whether the detainee continues to pose a threat to public safety, peace and good order; and whether the detainee should continue to be detained or released.

A third committee reviews detention cases which are being considered for extension beyond 10 years, to determine if continued detention is indeed necessary.

The Act requires the committees to have regard to public safety, the protection of individuals and the safeguarding of sources of information, in their deliberation. They are required to submit a report to the President, who may, on the advice of the Cabinet, confirm, vary or cancel the order made by the Minister.

Third, detainees are required to attend in person before the first committee, when the committee considers the order made by the Minister. Detainees can be represented by lawyers and may make representations to the various committees.

未完待续,请点击[下一页]继续阅读