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Serious M. Ravi is Back ( 22 May 2017 )

CoffeeAhSoh

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SINGAPORE - Human rights lawyer M. Ravi filed a constitutional challenge on Monday (May 22) against changes to the elected presidency made last year.

Mr Ravi said in a post on his Facebook page that he filed the challenge at the High Court in his capacity as a private citizen, and that the originating summons has been served on the Attorney-General.

The Attorney-General's Chambers told The Straits Times it "will study the papers"
 

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CoffeeAhSoh

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SINGAPORE - Human rights lawyer M. Ravi filed a constitutional challenge on Monday (May 22) against changes to the elected presidency made last year.

Mr Ravi said in a post on his Facebook page that he filed the challenge at the High Court in his capacity as a private citizen, and that the originating summons has been served on the Attorney-General.

The Attorney-General's Chambers told The Straits Times it "will study the papers"


Filing an originating summons, or application, is the first step towards legal action.

This is the second legal challenge related to the elected presidency mounted in May, after an earlier one filed by former presidential candidate Tan Cheng Bock.

Last November, Parliament passed changes to the Constitution to update the elected presidency and ensure it reflects Singapore's multiracial society
 

ckmpd

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Filing an originating summons, or application, is the first step towards legal action.

This is the second legal challenge related to the elected presidency mounted in May, after an earlier one filed by former presidential candidate Tan Cheng Bock.

Last November, Parliament passed changes to the Constitution to update the elected presidency and ensure it reflects Singapore's multiracial society

We must thank TCB and Ravi for checking the PAP. What they brought up are not frivolous challenges. These deserve a judgement from the Courts
 

CoffeeAhSoh

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M. Ravi files challenge against changes to elected presidency



Elected presidency: Lawyer M. Ravi says the changes
deprive citizens of right to stand for public office



CHARISSA YONG, THE STRAITS TIMES



May 23, 2017 06:00 am

Human rights lawyer M. Ravi yesterday filed a constitutional challenge against changes to the elected presidency made last year.

The changes, which Parliament approved last November, tighten the qualifying criteria for candidates, and include a provision to reserve a presidential election for candidates from a racial group that has not been represented in the office for five continuous terms.


Mr Ravi argues that the changes are unconstitutional because they deprive citizens of their right to stand for public office and discriminate on the grounds of ethnicity.

The High Court confirmed that Mr Ravi had filed an originating summons and supporting affidavit.

A spokesman for the Attorney-General's Chambers told The Straits Times that "it will study the papers" filed by Mr Ravi.

Mr Ravi, currently a non-practising lawyer, said on Facebook that he filed the application in his capacity as a private citizen.


His is the second legal challenge related to the elected presidency mounted this month.

On May 5, former presidential candidate Tan Cheng Bock filed a challenge over whether the upcoming presidential election should be a reserved one.

Dr Tan's challenge centres on whether the timing of the reserved election, as set out in the Presidential Elections Act, is consistent with the constitutional amendments.

He says the counting of five terms should start with Mr Ong Teng Cheong.

The Government began with the term of Mr Wee Kim Wee, the first president vested with the powers of the elected presidency. Therefore, the upcoming election has been reserved for candidates from the Malay community.

Unlike Dr Tan, Mr Ravi challenges the entire reserved election mechanism as unconstitutional, he said on Facebook yesterday.


He believes that the elected presidency is not consistent with Article 12(2) of the Constitution.

It states that unless expressly authorised by the Constitution, there shall be no discrimination against Singapore citizens on the ground only of religion, race, descent or place of birth in any law, or in the appointment to any office, or employment under a public authority.

"The right to stand for the elected presidency should be no different from the right to participate in parliamentary elections - all citizens should be equal," he wrote.

"The selection of the elected candidate should be based on merit, all other relevant requirements being fulfilled."

Mr Ravi also contends the amendments run counter to a legal principle called the basic structure doctrine, which he says applies here.

It holds that any constitutional amendment which goes against the basic structure or key tenets of the Constitution is invalid.

Mr Ravi argues that the prohibition on discriminating against citizens by race is a key tenet of the Constitution.

Law dons told The Straits Times that if the cases are not resolved by August, the election - which the Government has said will be held in September - could be postponed. But they added that this is unlikely.

Singapore Management University (SMU) assistant law professor Jack Lee said it is in the interest of all parties to have the applications decided before the election is due to be held, so they may well ask the court for expedited hearing dates.

SMU associate law professor Eugene Tan believes "the court is mindful of the presidential election timeline".

He added: "It will move resolutely and expeditiously so that the election schedule will not be detrimentally affected."

[email protected]
 

gingerlyn

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I get to know from legal friends that M Ravi drafted the above with the consultation from SMU Eugene Tan and several constitutional expert from NUS law school including Prof Simon Chesterman
 

gingerlyn

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M Ravi alone is not capable to come out with this challenge.
He has the strong support of Eugene Tan and NUS lawyers.
 

ckmpd

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M Ravi alone is not capable to come out with this challenge.
He has the strong support of Eugene Tan and NUS lawyers.

Singapore needs more than Ravi and TCB to challenge LHL and PAP. We need lawyers, the press, workers, lawyers, grassroots, civil servants and singaporeans to save us from the evils of LHL and pap
 

Narong Wongwan

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Singapore needs more than Ravi and TCB to challenge LHL and PAP. We need lawyers, the press, workers, lawyers, grassroots, civil servants and singaporeans to save us from the evils of LHL and pap

Yes imagine if more sinkie were like that or at least be more politically aware then we won't be in this 70/30 shit
 

ckmpd

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Yes imagine if more sinkie were like that or at least be more politically aware then we won't be in this 70/30 shit

yes. pap is trying to dilute our resistance to their wrong doings by importing new citizens. our comfort is that some of the older new citizens are actually turning against the pap.
 

scroobal

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There are hundreds of rules, regulations and even legislations that discriminates based on race, gender and what not. Why are males only doing NS. Why is there race based public housing even for the resale market? Why people allowed to park in prohibited areas to attend mosques on Fridays, etc etc. Why are Malays not allowed into certain formations and vocations in the SAF. Why even the EU have ethnic based rules for certain activities. Why is there special allowance for certain races in Australia?

What Ravi is doing is a stunt. He obviously needs to get back into the court room as he he has been disbarred.

If he really wanted to contribute he could have supported Tan Cheng Bock's case which has a leg to stand on.

There are also hundred and one thing that PAP does wrong but he does not bother with those. I always wondered why?
 

zeebjii

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There are also hundred and one thing that PAP does wrong but he does not bother with those. I always wondered why?

He is a already a hero, did issue one challenge, that's one more than you paper tiger, and you wondered why.:oIo::kma:
 

3_M

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There are hundreds of rules, regulations and even legislations that discriminates based on race, gender and what not. Why are males only doing NS. Why is there race based public housing even for the resale market? Why people allowed to park in prohibited areas to attend mosques on Fridays, etc etc. Why are Malays not allowed into certain formations and vocations in the SAF. Why even the EU have ethnic based rules for certain activities. Why is there special allowance for certain races in Australia?

What Ravi is doing is a stunt. He obviously needs to get back into the court room as he he has been disbarred.

If he really wanted to contribute he could have supported Tan Cheng Bock's case which has a leg to stand on.

There are also hundred and one thing that PAP does wrong but he does not bother with those. I always wondered why?

Many policies however unfair and unconstitutional will remain untouched unless someone initiate a constitutional challenge.

Having said this the government amended the law last year by removing a limit to how much legal fees the Government can be awarded when it goes to court. The timing of the bill suggest it likely an Orchestrated move to deter individual from mounting constitutional challenge on the impending changes to elected presidency.

By upping the limit of legal cost the gov can recovered from plaintiff, they could potentially prevent individual from challenging govt in court.

http://www.straitstimes.com/politics/wp-takes-issue-with-tweak-to-govt-proceedings-act
 
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SgGoneWrong

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There are hundreds of rules, regulations and even legislations that discriminates based on race, gender and what not. Why are males only doing NS. Why is there race based public housing even for the resale market? Why people allowed to park in prohibited areas to attend mosques on Fridays, etc etc. Why are Malays not allowed into certain formations and vocations in the SAF. Why even the EU have ethnic based rules for certain activities. Why is there special allowance for certain races in Australia?

What Ravi is doing is a stunt. He obviously needs to get back into the court room as he he has been disbarred.

If he really wanted to contribute he could have supported Tan Cheng Bock's case which has a leg to stand on.

There are also hundred and one thing that PAP does wrong but he does not bother with those. I always wondered why?

Screwbye people intelligent and capable you say people do stunts. You leh? Your cheebye stunts are to feed us in this forum with wrong info.
 
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