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Three weeks imprisonment for Criminal Defamation

Terry Xu

District Judge Ng Peng Hong has sentenced me to a jail term of three weeks for the alleged Criminal Defamation I have committed against members of the Singapore Cabinet in September 2018.

Before I talk about my opinions on the verdict and sentencing, let us establish some facts of my case which have inevitably been tainted by the state’s misrepresentation of the case and how the mainstream media have been covering the story since the very beginning.

1. The offending words that are said to have defamed the members of Cabinet are, “”corruption at the highest echelons”. There is no mention of individual or entities contrary to what some media have suggested in their report, that the letter was about “corruption at the highest echelons” of the People’s Action Party leadership.

2. The author, “Willy Sum” was not a first time contributor to TOC. The email address used to send the offending letter had been contributing write ups and had them published since 2011. That’s even before I joined TOC’s editorial team in 2013.

3. Nothing in the letter MAKES REFERENCE TO ANY financial impropriety of any individuals or entities.

4. Although the Police initially said that a police report was filed by Info-communications and Media Development Authority (IMDA). Through the hearing, we got to know that IMDA was initially advised by the Attorney General’s Chambers (AGC) that an offence has been committed through the publication of the letter. It then sent a letter to the Criminal Investigation Department for follow up. DSP Johnathan Auyong who was sent the letter by his superior, looked into the letter and decided to file a police report himself. There was no indication on his police report as to what the alleged offence that he thought had been committed was when the investigations took place in Nov 2018. A court order was obtained to seize all electronic devices at my room (almost my home) even though the offence was about a publicly published letter.

5. At the hearing, DSP Au Yong testified that he did not interview members of the Cabinet in the course of his investigation and that no members of the Cabinet had filed a complaint about the letter. My lawyer pointed out in the hearing that any member of the Cabinet could file a defamation suit against any one if they are being defamed as Mr Lee Hsien Loong did in his civil suit against me.

6. Despite the Prosecution denying that the criminal defamation charge is not of Cabinet members in their official capacity but as individual members in their personal capacity at the application filed by Mr M Ravi on behalf of Daniel de Costa, the Prosecution turned around at the later hearings to convince the court that the words, “highest echelon” refers to the Cabinet members because they have the power to amend the Constitution and make public policies.

My opinion, based on the facts laid before us, is that the investigations by the Police and the charge against me by the AGC, are selective and unfair.

I am opting to serve my sentence with immediate effect and not asking for a stay of sentence even though I am appealing against the conviction. I am not afraid of the jail sentence imposed upon me and strongly deny the charge placed before me.

I would like to thank Mr Choo Zheng Xi and his team for the professional assistance that they have rendered over the course of 3 and a half years and they will be further assisting me in my appeal.

 

Terry Xu

 

 

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READER COMMENTS BELOW

42 Responses to “Three weeks imprisonment for Criminal Defamation”

  • illiterate pap voters:

    cotton sheep has voted into power a clan of S$m per annum ownself pay ownself thieves who legislated a law that says, contempt of court, if anyone were to ask how come like that.

    the contempt of court law is an abuse of legislative power by a clan of S$m per annum ownself justify ownself thieves so as to prevent any questioning of doubtful decisions.

    truly a wtf clan of S$m per annum cahoots.

    more wtf are the cotton sheep.

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  • Animals:

    So many animals.

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  • WhoAreTheyFooling?:

    Clear as day
    The powers that be just wanted to close down TOC…
    …to PAP’s advantage.
    No more alternative news sites to give the people objective news .
    More sheep in PAPs flock .

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  • mrWie:

    Absolute power does not corrupt absolutely, absolute power attracts the corruptible.

    Frank Herbert

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  • John Doe:

    Thanks Terry. U have been a very keen and vocal supporter of ‘straight’ in SG in the midst of various forms of corruptions one can see happened and developing in SG. Be strong. Tough times won’t last, tough people do. Stay healthy too. The war is not lost, except the judges are balls less to have to win stg they are paid for to win.

    Is Keppel Corpn giving bribes NOT corruption? How about ST Marine case?

    What about business moral corruption when one was charged to sell away a potential profitable shipping business? Did anyone in high ups pocketed any rewards from the buyer of NOL when money was made under new owners?

    How about reports of telling lies to SGpns about masks adequacy when info leaked that masks wasn’t sufficient.

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  • Impeach these Politicians.:

    Remainder 4/10 voters (in theory is actually only one more) need to GO FULL BALLISTIC against the Administration, then SG can be FULLY SALVAGED to be a more hospitable place with a promising AND BRIGHTER FUTURE for our CHILDREN AND GRANDCHILDREN.

    The current Millionaire Wealthy from politics HECK care what’s the future of others when the are so secured in their millions – SG Oligarchs?

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  • Dr Fire:

    Absolute power ……… Absolutely.

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  • theforgottongeneration:

    Criticism, whether true or false, simple or serious is part-and-parcel for those in authority. Look at other developed countries – lots of allegations against the leaders but which leader so small-minded (or too free?) to sue its own citizens? That it happens in SG only shows someone is very INSECURE about himself after cannot fly given a very long runway. No wonder technically no need to sue over the “Dishonorable Son” labelling; it is obviously FALSE – it should be “Insecure and Dishonorable Son”. Uniquely SG, hor.

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  • Clowns Of Parleeament:

    Even trainee lawyers were caught cheating in their exams. Do you think we can still trust those people whom ordinary people are supposed to seek justice from? 上梁不正下梁歪.

    Is there another Justice Chan Seng Onn in sg? How many people can be as lucky as Parti Liyani to meet a righteous brave judge?

    The sentence is just to 杀鸡儆猴, kill the chicken to warn the monkey, so that all alternative platforms which are pap’s enemies would eventually be shut down completely.

    What goes around comes around. We’ll just have to be patient and wait for that day to come.

    Thank you, Terry, for all the sacrifices you’ve made for your fellow ordinary singaporeans.

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  • illiterate pap voters:

    John Doe:
    Thanks Terry. U have been a very keen and vocal supporter of ‘straight’ in SG in the midst of various forms of corruptions one can see happened and developing in SG. Be strong. Tough times won’t last, tough people do. Stay healthy too. The war is not lost, except the judges are balls less to have to win stg they are paid for to win.

    Is Keppel Corpn giving bribes NOT corruption? How about ST Marine case?

    What about business moral corruption when one was charged to sell away a potential profitable shipping business? Did anyone in high ups pocketed any rewards from the buyer of NOL when money was made under new owners?


    How about reports of telling lies to SGpns about masks adequacy when info leaked that masks wasn’t sufficient.

    pap lies are aplenty.

    here are some example.

    1, INDIAN is malay to rob esteemed Dr Tan CB of the presidency.

    2, INSIDE 200m is not within 200m to prevent pap elders from being jailed.

    3, CANNOT eat degree.

    4, NO NEED LARGE SPACE to ffff.

    5, ALIENS create jobs for cotton sheep.

    6, cheap cheaper cheaperest aliens are FOREIGN TALENTs

    7, Need to tax you more via GST to help you.

    8, almost everything pap says is a lie. The only thing pap has said that is not a lie is the one by pap lky son the pap chief clown, his job is to fix OPPO and the more OPPOs there are in parleement the more time he needed to fix them.

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  • No More Unbiased News:

    We are not members of any Opposition party.

    Previously, we can read alternative news from Online Citizen etc. However, one by one all the alternative news website are being closed. Now we are forced to read PAP-biased news.

    How can we judge effectively what is good or bad for our tiny island Singapore ?

    KNNBCCB

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  • VFS:

    KJ:
    But in a sense all the foreign born billionaires who came to Singapore are PAP cronies since they were dependent on Government favour to be able to easily acquire Singapore citizenship and take advantage of the tax benefits. People like Eduardo Savarin had to renounce their US citizenship in order to escape from what they viewed as the oppressive US global tax reach. Others like Gang Ye and David Chen are particularly beholden to the Singapore Government since they were given Government scholarships to come here and then allowed to get away without doing NS as they were fast tracked to citiizenship.

    https://kenjeyaretnam.com/2022/03/15/move-over-putins-russia-lee-hsien-loongs-singapore-should-be-the-king-of-the-economists-crony-capitalism-index/amp/

    For local cronies will benefit as they will be earmarked for promotion etc! As the saying goes, “Don’t bite the hand that feeds you!”

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  • PAP the DISCONNECT:

    I see very close Putin like or even adoption of BEAR ideology working in SG – make no mistake on this.

    Don’t be foolish to tone down one’s opinions or give any benefit of the doubt.

    SG is A FALSE democracy. Sold to the world we HAVE FAIR ELECTIONS, REALLY? Align to the West to support Ukraine in small tokens DO NOT MEAN OR PORTRAY SG under the PAP are saints.

    Lumbering into complacency, if SGpns give more power to the PAP and believe when one has a job as a food deliverer rider, or a Grab hire car earning $8000. 00 is a good life, has bright future as a food deliverer – you are DOOMED DOOMED DOOMED.

    The future is in tech advances WHICH THE PAP FULLY PUSHED blame on when their GLARING INCOMPETENCIES is the MAIN cause of their OVER RELIANCE on foreigners for any tg from retailing to driving to clerical jobs to packers et al u name it, the whole spectrum of a countries work force. SGpns ARE DYING early, don’t need a war like current one between Russia and Ukraine, the PAP will bury SGpns in unmarked MASS Graves.

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  • Dr Fire:

    PAP the DISCONNECT:
    I see very close Putin like or even adoption of BEAR ideology working in SG – make no mistake on this.

    Don’t be foolish to tone down one’s opinions or give any benefit of the doubt.

    SG is A FALSE democracy. Sold to the world we HAVE FAIR ELECTIONS, REALLY? Align to the West to support Ukraine in small tokens DO NOT MEAN OR PORTRAY SG under the PAP are saints.

    Lumbering into complacency, if SGpns give more power to the PAP and believe when one has a job as a food deliverer rider, or a Grab hire car earning $8000. 00 is a good life, has bright future as a food deliverer – you are DOOMED DOOMED DOOMED.

    The future is in tech advances WHICH THE PAP FULLY PUSHED blame on when their GLARING INCOMPETENCIES is the MAIN cause of their OVER RELIANCE on foreigners for any tg from retailing to driving to clerical jobs to packers et al u name it, the whole spectrum of a countries work force. SGpns ARE DYING early, don’t need a war like current one between Russia and Ukraine, the PAP will bury SGpns in unmarked MASS Graves.

    Vladimir Putin ?

    Refering to Nalvany ?

    Will Nalvany be like Gorbachev or Zalansky ?

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  • O dearie me:

    The Independent Singapore site next might be forced to shut.
    Allegedly Printed an article Re Shanmugam stepping down!…

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  • BIG READ : Stop the PAP Steal:

    Dr Fire: Vladimir Putin ?

    Refering to Nalvany ?

    Will Nalvany be like Gorbachev or Zalansky ?

    Some bullies became famous.
    Some are liars talking about military exercise but turned around act the opposite, to destroy others as acts of exercises. No different to PAP when PAP said collecting trash is a form of exercise for the SG elderly poor.

    Z, a celebrity became so respectable the world admired.
    In SG PAP politicians became celebrities, earning millions of dollars by making SGpns laugh and enjoying their jokes.

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  • BIG READ : Stop the PAP Steal:

    Dr Fire: Vladimir Putin ?

    Refering to Nalvany ?

    Will Nalvany be like Gorbachev or Zalansky ?

    Some bullies became famous.
    Some are liars talking about military exercise but turned around act the opposite, to destroy others as acts of exercises. No different to PAP when PAP said collecting trash is a form of exercise for the SG elderly poor.

    Z, a celebrity became so respectable the world admired.
    In SG PAP politicians became celebrities, earning millions of dollars by making SGpns laugh and enjoying their jokes. So SGpns admire, idolized politicians turn celebrities when in Ukraine it’s matter of dead or alive that a celebrity became a hero.

    Count on me SG… ZELENSKY said.

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  • Dr Fire:

    Another :-

    Independent sg :-

    If yishun illiterate voters VTO of course

    has to step down .

    This is so Simple as ABC .

    https://www.todayonline.com/singapore/pofma-correction-direction-issued-independent-singapore-over-false-claims-shanmugam-may-be-stepping-down-1879166

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  • PAP mandate strong:

    @ No More Unbiased News:

    How about this news from best democracy country.

    https://www.google.com/amp/s/amp.theguardian.com/world/2022/apr/20/hong-kong-jails-pro-democracy-activist-and-former-dj-for-uttering-seditious-words

    40 months vs 3 weeks.

    At your own discretion.

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  • Harder Truths:

    What do facts matter Terry? They wanted to imprison you, they can make up any old story they want. Who is going to stop them? This tiny island belongs to the them and their Nazi gangster enforcers.

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  • mrWie:

    … and they felt offended when someone said MY court was better.

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  • Trust only myself:

    Only smart people know what is happening………..

    Funny, when real corruption occurred in marine company’s overseas business no one was charged even to the extent of explaining one of their potential candidate was not involved……meaning corruption happened.

    Didn’t we know who are the liars by now…………..protected by so many……..?

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  • SINGAROAR:

    Terry, truly sorry that you have to go to jail for an article that was published on “Online Citizen”. The prosecutor who made the police report was not a cabinet member. So does this mean that a third party who has no loss or gain in a case can file a police report and the police will act on it? How and why did the judge decide to accept the “highest echelons” to be the cabinet? Why not the unelected President? Were there affidavits filed by cabinet ministers on the losses suffered by them due to the article? The PAP were returned to power so where is the damage?
    Singaporeans have to vote in the Opposition. The decay in our society is revealed by the Lawyers who cheated in their Law Exams. The Parti Liyani’s case revealed the rot in the prosecution. We are now witnessing the misuse of the State’s Judiciary branch. Are the lawyers who cheated going to be allowed to become Officers of the Court? David Marshall will probably then, would not want to be known as a Lawyer. Shame on the judiciary !

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  • Western fan:

    Why you read all these western news that distort everything about HK?
    Here, read the original HK judgement:
    https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=143584&QS=(行政區)&TP=JU

    For similar actions, this guy would have disappeared under ISA. HK law is very lenient compared to Singapore.

    PAP mandate strong:
    @ No More Unbiased News:

    How about this news from best democracy country.

    https://www.google.com/amp/s/amp.theguardian.com/world/2022/apr/20/hong-kong-jails-pro-democracy-activist-and-former-dj-for-uttering-seditious-words

    40 months vs 3 weeks.

    At your own discretion.

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  • P Against People:

    “the Prosecution turned around at the later hearings to convince the court that the words, “highest echelon” refers to the Cabinet members because they have the power to amend the Constitution and make public policies.”

    Did the prosecution say this, that the Cabinet has the power to amend the Constitution? Did the court get convinced?

    According to the Constitution, only Parliament has the power to amend the Constitution. Cabinet power to amend the Constitution is not recognized legal power. They can go around persuading MPs to support them. BUT they do NOT have the legal power to amend the Constitution.

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  • xoxo:

    God is watching from a distance.
    Why CLAMOUR be a PUBLIC servant WHEN YOU CANNOT SUBJECT YOURSELF to PUBLIC SCRUTINY N PUBLIC OPINIONS?

    If your citizen-voters doubt you ,why must sue?
    PROVE the critics wrong,NO NEED GO TO COURT.
    IF A PUBLIC servant OF STATURE feels wrongly blamed,he or she can dispel the LIE publicly ; that way,he/she not only proves the accuser wrong but also upholds his/her INTEGRITY.
    WHAT I AM SAYING IS EVEN LOUSY CROOKS GET SCOT FREE by engaging expensive lawyers,is that not so?

    WIN OVER YOUR accusers and correct their wrongful accusations and you would be even more truly *victorious* n will gain more RESPECT from all,followers as well as detractors.
    Of course,if someone uses violence on you,thats another story.

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  • PAP Politicize Neutral IMDA:

    SINGAROAR:
    Terry, truly sorry that you have to go to jail for an article that was published on “Online Citizen”. The prosecutor who made the police report was not a cabinet member. So does this mean that a third party who has no loss or gain in a case can file a police report and the police will act on it? How and why did the judge decide to accept the “highest echelons” to be the cabinet? Why not the unelected President? Were there affidavits filed by cabinet ministers on the losses suffered by them due to the article? The PAP were returned to power so where is the damage?
    Singaporeans have to vote in the Opposition. The decay in our society is revealed by the Lawyers who cheated in their Law Exams. The Parti Liyani’s case revealed the rot in the prosecution. We are now witnessing the misuse of the State’s Judiciary branch. Are the lawyers who cheated going to be allowed to become Officers of the Court? David Marshall will probably then, would not want to be known as a Lawyer. Shame on the judiciary !

    Indeed. Weel said.

    My only point to reinforce why is it the IMDA seems to be used by PAP Administration?

    How come the PAP Administration seems to politicize the institution of IMDA which is supposed to be strictly neutral, apolitical, NOT taking sides nor affront to any political party?

    Viz in USA, ALL GOVT SERVICES ARMS are FIERCELY INDEPENDENT on its own SERVING based on Constitutional Policies – don’t damn any Republican or Dem affiliation.

    Don’t seems right that the PAP is HIJACKING neutral services and bodies TO SERVE IT’S OWN aims.

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  • PAP Politicize Neutral IMDA:

    xoxo:
    God is watching from a distance.
    Why CLAMOUR be a PUBLIC servant WHEN YOU CANNOT SUBJECT YOURSELF to PUBLIC SCRUTINY N PUBLIC OPINIONS?

    If your citizen-voters doubt you ,why must sue?
    PROVE the critics wrong,NO NEED GO TO COURT.
    IF A PUBLIC servant OF STATURE feels wrongly blamed,he or she can dispel the LIE publicly ; that way,he/she not only proves the accuser wrong but also upholds his/her INTEGRITY.
    WHAT I AM SAYING IS EVEN LOUSY CROOKS GET SCOT FREE by engaging expensive lawyers,is that not so?

    WIN OVER YOUR accusers and correct their wrongful accusations and you would be even more truly *victorious* n will gain more RESPECT from all,followers as well as detractors.
    Of course,if someone uses violence on you,thats another story.

    Agree.

    This is PAP CLASSIC THREATENING. To coerce citizens NOT to speak negativity even though it’s creditable. That’s why unlike Zelensky who was a comedian actor turn true Ukraine leader/hero VIA actions and leadership physical actions – here in SG so many Politicians became CLOWN celebrities JUST ABOUT the ENTIRE Reversals.

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  • theforgottongeneration:

    Meanwhile, most expensive PM calling voters “Free Riders” because they didn’t give him a strong mandate is not criminal defamation. Uniquely SG indeed. (Dishonorable Son and Sore Loser?)

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  • PAP mandate strong:

    真是有病!
    As long as written in english = western propaganda.

    Then why you write in english. Please write in Chinese.

    40 months vs 3 weeks = lenient ?

    Was Terry withheld by the police since last year until now.

    You bother to read what u paste ?
    The hk guy kena withheld by the police since sept 2020 and denied bail.

    14. …2020年9月被告人因第4至5和第10至14項控罪被捕,後來法庭不批准被告人保釋(見承認事實第37至40段)。

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  • Western fan:

    You are so simplistic.

    This English news web is not western propaganda.
    https://www.chinadaily.com.cn/

    This Chinese news web is western propaganda.
    https://www.bbc.com/zhongwen/simp

    PAP mandate strong: As long as written in english = western propaganda.

    Then why you write in english. Please write in Chinese.

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  • ah seng:

    No chance for any oppositions or activist to win in Singapore.

    I think you should think about going to International Court.

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  • Singaporeans R Free Riders:

    ah seng:
    No chance for any oppositions or activist to win in Singapore.

    I think you should think about going to International Court.

    No one is stopping you from going to the International Court.

    Yewn… you got money ?

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  • Western fan:

    You are very creative. Quote only the part you like.

    14. 另一方面,被告人在2020年1月25日因第1至3項控罪被捕,但得到警方保釋。被告人在2020年5月因第6至9的控罪被捕,後獲法庭保釋。2020年9月被告人因第4至5和第10至14項控罪被捕,後來法庭不批准被告人保釋(見承認事實第37至40段)。這亦表示被告人從2020年5月26日所干犯的罪行,即第10,12至14項,便是在法庭保釋期間干犯,這是加重刑責的一項因素。被告人在干犯第14項控罪時,已經分別因第1至3和第6至9,2次法庭所給予保釋下犯案。被告人雖然有律師團隊,理應得到法律意見和提示,但他似乎視保釋條款為無物。這亦使被告人在2020年9月8日提堂時即被法庭拒絕保釋。

    This guy was bailed twice, and he was arrested again and again for his actions during bails. Third arrest, no more bail. You think Singapore police will be so nice? You have to distort truth so much to be a pappy supporter?

    PAP mandate strong: Was Terry withheld by the police since last year until now.

    You bother to read what u paste ?
    The hk guy kena withheld by the police since sept 2020 and denied bail.

    14. …2020年9月被告人因第4至5和第10至14項控罪被捕,後來法庭不批准被告人保釋(見承認事實第37至40段)

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  • PAP mandate strong:

    Vice versa you are simply just pro China.

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  • Singapore is "North Korea Lite:

    This proves again that Singapore is not a real democracy but a police state run by the PAP. PAP is continuing to “terrorize” Singaporeans into silence and conformity so it can stay in power and continue to pay its office holders million $ salaries – the highest on the planet from the smallest country on the same planet. Let that sink in.

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  • SINGAROAR:

    PAP Politicize Neutral IMDA:

    “My only point to reinforce why is it the IMDA seems to be used by PAP Administration?

    How come the PAP Administration seems to politicize the institution of IMDA which is supposed to be strictly neutral, apolitical, NOT taking sides nor affront to any political party?

    Viz in USA, ALL GOVT SERVICES ARMS are FIERCELY INDEPENDENT on its own SERVING based on Constitutional Policies – don’t damn any Republican or Dem affiliation.

    Don’t seems right that the PAP is HIJACKING neutral services and bodies TO SERVE IT’S OWN aims.”

    In the US the three branches of the State remain and run independent of the political party in power. In Singapore, the PAP has taken control and use these branches. The head of civil service is CCS. LHL is chairman of GICs and the PA. LHL is also the regulator. So the Public can never sight our National Assets Registry or audited accounts of any GIC or Temasek Companies. Those in the civil service. or govt. linked companies will vote for the PAP for fear of their rice bowls. Xi is proud to be a Communist. LHL, an emperor without clothes?

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  • SINGAROAR:

    @Singaporeans R Free Riders:

    “No one is stopping you from going to the International Court.

    Yewn… you got money ?”

    If citizens think that they have to go to the International Court, it means that there is no trust in the judiciary branch of the State. If Terry Xu or ” The Online Citizen ” was slapped with a fine instead of a jail term, the success of crowdfunding would have been a slap for the Court, just as in other cases. The judiciary has to reflect on their actions. They may have become pawns being used as in the hangings of drug mules who should be considered as “evidence, ” against the drug Lords. These mules may become witnesses against the drug cartels. Am I wrong to ask if this is the reason for the hangings before arresting of the drug Lords? Who is the puppeteer of vice in Singapore?
    This person or group is so powerful to be able to bring in drugs and prostitutes during the border lockdown.

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  • nathan chen:

    Early go in, early come out. Three weeks is ‘sip sip the water’

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  • SINGAROAR:

    @nathan chen:

    You should offer your services. The sentence is a miscarriage of justice. Even one day is wrong! It reflects poorly on the judiciary branch of the State.

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  • Nathan Chen:

    @Singaroar. You don’t talk Lan Jiao. I would gladly take his place in the doghouse for three weeks, if I can.

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  • SINGAROAR:

    @Nathan Chen:
    Sorry, I may have misread your intention but please do not use bad language. It is painful to see Terry going to jail but a taxi driver going free after having sex with a drunk teenager. It seems like the prosecution threw the case. There was no indication whether the police checked the teenager’s alcohol level. The Law administered stinks!

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