Ah Neh cleaner wins PM Lee over court case

[Extremist]

The Court of Appeal has ruled that the Prime Minister must call an election to fill a seat vacated by an elected Member of Parliament, overturning a previous decision by a High Court judge that the PM has the discretion to decide whether or not to call an election.

The decision brings to an end a long-running court case which has sparked much discussion since Hougang resident Vellama Marie Muthu applied for the High Court to rule on the issue in March last year after former Hougang MP Yaw Shin Leong vacated his seat.

Last August, Justice Philip Pillai dismissed Madam Vellama's bid after noting that the case turned upon the meaning of one word in Article 49 of the Constitution, which says a vacancy "shall be filled by election". Madam Vellama's lawyer M. Ravi had argued that the word "election" meant an election had to be held, while the Attorney-General's Chambers said "election" described the process of how a vacancy is to be filled. The judge stood with the latter interpretation.

Madam Vellama, a cleaner, had appealed against Justice Pillai's ruling. But after reserving judgement in January this year, the Court of Appeal said in its written judgement on Friday that the key lay in the word "shall" rather than "election". "Shall" indicates the act is mandatory, said the apex court, repeating an argument that Mr Ravi had earlier made.

 

[Leongsam]

This proves that the Singapore Judiciary is independent. If dispels the myth that judges are beholden to the executive arm.

It also further proves that the Lees are not above the law and that the achievements of this remarkably talented family have been attained in a fair and even playing field.

 

[ILovePAP]

This proves that the Singapore Judiciary is independent. If dispels the myth that judges are beholden to the executive arm.

It also further proves that the Lees are not above the law and that the achievements of this remarkably talented family have been attained in a fair and even playing field.

Agree. PAP will abide by this ruling. Majullah Singapura. Let's close ranks and move on.

 

[enterprise2]

The Court of Appeal has ruled that the Prime Minister must call an election to fill a seat vacated by an elected Member of Parliament, overturning a previous decision by a High Court judge that the PM has the discretion to decide whether or not to call an election.

The decision brings to an end a long-running court case which has sparked much discussion since Hougang resident Vellama Marie Muthu applied for the High Court to rule on the issue in March last year after former Hougang MP Yaw Shin Leong vacated his seat.

Last August, Justice Philip Pillai dismissed Madam Vellama's bid after noting that the case turned upon the meaning of one word in Article 49 of the Constitution, which says a vacancy "shall be filled by election". Madam Vellama's lawyer M. Ravi had argued that the word "election" meant an election had to be held, while the Attorney-General's Chambers said "election" described the process of how a vacancy is to be filled. The judge stood with the latter interpretation.

Madam Vellama, a cleaner, had appealed against Justice Pillai's ruling. But after reserving judgement in January this year, the Court of Appeal said in its written judgement on Friday that the key lay in the word "shall" rather than "election". "Shall" indicates the act is mandatory, said the apex court, repeating an argument that Mr Ravi had earlier made.

Of course he has to call an election!! It took a court of appeal to determine that!!! But by when?? Within 3 months?? 6 months ???

 

[kingrant]

Where it costs nothing to the Lee family it is ok to wayang once in a while. Losing a case once in a blue moon helps to dispel the perception that the system is stacked against us. Gullible folks like you swallow hook and sinker when the ploy is used. Moreover, it wont look nice if City hall was seen to run over a lowly cleaner.

This proves that the Singapore Judiciary is independent. If dispels the myth that judges are beholden to the executive arm.

It also further proves that the Lees are not above the law and that the achievements of this remarkably talented family have been attained in a fair and even playing field.

 

[Rumpole]

The costs issue is more important at a macro level.

Will our Courts follow the examples provided by truly First World countries and issue Protective Cost Orders:

"The general rule at common law is stated rather colourfully as “costs follow the event”. That is, the successful party can expect a costs award in its favour. The question is how different First World jurisdictions have modified this rule when it comes to public interest litigation.

The leading English decision on PCOs is Corner House Research v Secretary of State for Trade & Industry [2005] EWCA Civ 192. Corner House Research, an anti-corruption group, sought to challenge new regulations issued by the Export Credit and Guarantee Department (ECGD), on the basis that the new guidelines had been prepared with inadequate public consultation (as required by the ECGD’s own policy). Corner House could not risk being liable for the defendant’s costs if their action failed. They therefore made an application for a PCO, seeking protection on the basis that if they lost, there would be no order for costs against them, but if they were successful, they would recover their costs from the defendant."

For more, see this other thread I started many moons ago:

http://sammyboy.com/showthread.php?...-to-Apply-in-“1st-World”-SG&highlight=rumpole

Costs should not be used as a weapon to deter public interest litigation. Once we have Protective Cost Orders, a flurry of applications for judicial review (of government policy, legislation, administrative decisions, etc) will follow and this can only be good. I would be more impressed if our Courts have the courage to follow the English example in the Corner House case, but I seriously doubt our judges have the balls to do that.

 

[steffychun]

Wah...Indian girl puts all opposition parties to shame

 

[Leongsam]

Where it costs nothing to the Lee family it is ok to wayang once in a while. Losing a case once in a blue moon helps to dispel the perception that the system is stacked against us. Gullible folks like you swallow hook and sinker when the ploy is used. Moreover, it wont look nice if City hall was seen to run over a lowly cleaner.

If the Lees win a case, you'll claim that that it's a kangaroo court. When the Lees lose a case, you claim it's a "wayang". What a sorry, bitter, deluded loser you must be.

 

[wendychan]

Of course he has to call an election!! It took a court of appeal to determine that!!! But by when?? Within 3 months?? 6 months ???

i wondering too,never give time frame. back to square one isn't it

 

[tanwahp]

Wah...Indian girl puts all opposition parties to shame

This statement ignores the the fact that opposition parties are the ones actually contesting the election and they had all demanded for by-election on their own capacity and terms.

There is no one over the other. This is not about one-upmanship, but jointly bringing democracy to Singapore.

 

[steffychun]

This statement ignores the the fact that opposition parties are the ones actually contesting the election and they had all demanded for by-election on their own capacity and terms.

There is no one over the other. This is not about one-upmanship, but jointly bringing democracy to Singapore.

jointly? I doubt Low TK cares about her actions

 

[Tuayapeh]

classical wayang.....


so no costs awarded for her public spiritedness?



dun ask me but this fucking pap is out with its smoke and mirrors in full force...... cannot recall when another cleaner aunty gave a flying fuck about whether elections are called if you asked me ..... fucking implausible

 

[Devil Within]

This proves that the Singapore Judiciary is independent. If dispels the myth that judges are beholden to the executive arm.

It also further proves that the Lees are not above the law and that the achievements of this remarkably talented family have been attained in a fair and even playing field.

Bullshit! Independent my foot! Only AFTER election was held then come ruing. Looks like only the dumb can't see through all these smoke screen and wayang

 

[wendychan]

classical wayang.....


so no costs awarded for her public spiritedness?



dun ask me but this fucking pap is out with its smoke and mirrors in full force...... cannot recall when another cleaner aunty gave a flying fuck about whether elections are called if you asked me ..... fucking implausible

i think both sides pay own costs...?
yes pure wayang

 

[Thick Face Black Heart]

I don't know what the big deal is over this. The prime minister has called for by-election twice, in reasonable timeframe, proving that he does not give himself unfettered discretion.

In any case, the ruling is utterly non-sequitur since no fixed timeframe is mandated. The PMO can easily say it will call a by-election within a year, and there's nothing the courts or anyone can do about it, whether or not there has been this ruling. I don't see any legal or political implications whatsoever about the ruling. There is no way at all to prove in a court of law that the PM has in fact given himself unfettered discretion.

 

[iamhere]

Agree. PAP will abide by this ruling. Majullah Singapura. Let's close ranks and move on.

FUCK PAP, FUCK PAP, FUCK PAP.........
MAY PAPEES, CRONIES N FAMILIES BURN ETERNALLY IN HELLS.........
MAJULLAH SINGAPURA.........
GOD BLESS SINGAPORE..............
REMEMBER to

VOTE papees OUT



do yrself, yr forefathers and yr generations to come, a favor, a service and a long-awaited justice

 

[eErotica69]

Yes, well OK PM lost. What is going to happen to him? Nothing right? He is not going to get impeached right?

 

[escher]

This proves that the Singapore Judiciary is independent. If dispels the myth that judges are beholden to the executive arm.

It also further proves that the Lees are not above the law and that the achievements of this remarkably talented family have been attained in a fair and even playing field.

They are nothing but a fucking herd of kangaroos regardless of what you say since you say you entitled to say what you want to say.

We seen the shit from Stinkapore Courts and know kangaroos run rampant there

 

[steffychun]

LHL will have his revenge on her. PAP always want to strike back

 

[wendychan]

LHL will have his revenge on her. PAP always want to strike back

oh dearie me