The 'Dead' Constitution: Crime and Punishment in Singapore

Hong Kong Law Journal, Vol. 40, pp. 577-592, 2010

11 Pages Posted: 3 Oct 2017

See all articles by Po Jen Yap

Po Jen Yap

The University of Hong Kong - Faculty of Law

Date Written: 2010

Abstract

In Yong Vui Kong v Public Prosecutor, the Singapore Court of Appeal recently reaffirmed the constitutionality of the mandatory death penalty for drug trafficking offences under the Misuse of Drugs Act. Specifically, the Singapore Court held that the judicial obligation to impose a capital sentence, once guilt for the drug offence was so established, was neither a violation of the accused's constitutional right against the deprivation of his life in accordance with law nor a denial of his right to equal protection under the law. In this article, the author argues that, whilst one may be sympathetic to their Lordships for reaching the result they did, in light of the political realities underpinning Singapore's constitutional arrangement, the legal arguments advanced by the Court of Appeal for their decision unfortunately do not withstand close scrutiny.

Keywords: Death penalty

Suggested Citation

Yap, Po Jen, The 'Dead' Constitution: Crime and Punishment in Singapore (2010). Hong Kong Law Journal, Vol. 40, pp. 577-592, 2010, Available at SSRN: https://ssrn.com/abstract=3046375

Po Jen Yap (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01274

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