Law allowing detention without trial renewed for 5 more years to fight gangs, secret societies

The Criminal Law (Temporary Provisions) Act (CLTPA), which allows the Minister for Home Affairs to detain someone linked to syndicates and secret societies without trial, was extended for another five years.

The Bill to extend the Act was passed in Parliament on April 3, and is the 15th time the CLTPA has been extended. It was last extended by Parliament on Oct 21, 2019.

Widely known as Section 55, it was enacted in 1955 to deal with Singapore’s gang problem. It now covers secret societies, unlicensed moneylending, drug trafficking, kidnapping and organised crime.

It has been used in cases in which prosecution was not viable, as witnesses refused to testify for fear of reprisal.

Speaking in Parliament on April 3, Minister of State for Home Affairs Muhammad Faishal Ibrahim said: “(The CLTPA) is a critical piece of legislation for us to deal with egregious criminal activities which threaten the sense of safety and security in Singapore, in particular the activities of gangs and secret societies.”

He said gangs and organised crime groups involved in criminal conduct, including money laundering and human trafficking, continue to be a big threat to societies globally.

He said that because of the way gangs operate, witness intimidation in gang trials is a serious concern for many jurisdictions.

He added that gangs have used technology and social networking sites such as X, Instagram and Facebook to intimidate witnesses.

He cited a recent incident in Virginia, in the US, in which a street gang member intimidated witnesses by posting their names on Instagram and calling for gang members to gather in the courtroom to “watch the snitches snitching”.

The trial was postponed when some witnesses pulled out of testifying.

Associate Professor Faishal said witness intimidation is also a problem in Singapore.

He said: “Some countries have witness relocation and protection programmes. However, because Singapore is so small, witness relocation would not be feasible or effective.

“Even in big countries, these measures are not always foolproof. Moreover, witness protection programmes take a very heavy toll on the protected witnesses.

“They have to change their identity, change their job, and cut off contact with family and friends. We should ask ourselves: Why should witnesses and victims have to bear heavy personal costs in bringing secret society members to justice?”

Prof Faishal said there are still active secret societies in Singapore, although not in the numbers and scale as in other countries.

He said they are a menace to law and order, public safety and security, recruiting young Singaporeans and engaging in illicit activities and violent conduct.

He added: “That is why we must continue to clamp down on them.”

Prof Faishal said the Act was used in 2019 to detain a number of leaders and financiers of an unlicensed moneylending syndicate that was linked to more than 1,800 cases of harassment of debtors in Singapore.

He said: “Without the Act, we would not have been able to do much against them. The victims and witnesses feared reprisal and were not willing to testify.

“The perpetrators would have been able to carry on with their violence and intimidation with impunity.”

Under the CLTPA, those issued a detention order (DO) can be detained for up to 12 months, while those issued a police supervision order (PSO) are subject to police supervision for up to three years.

Prof Faishal said the powers under the CLTPA are exercised carefully and sparingly, with safeguards in place.

The consent of the public prosecutor must be obtained for a DO or PSO, and he must be satisfied that prosecution is not viable.

There are also three committees independent of the Ministry of Home Affairs to ensure detentions are necessary for public safety, peace and good order.

Additionally, every decision made under the Act can be subjected to judicial review.

In 2018, when amendments were introduced to the Act, the Workers’ Party (WP) opposed the changes, arguing that the “finality clause” limits judicial review as it stops judges from probing into the facts of a case.

On April 3, WP MP Dennis Tan (Hougang), who was among seven MPs who spoke on the Bill, confirmed that the party’s objections to and reservations about some of the amendments raised in 2018 remain.

However, he added that WP was in cautious support of the proposed extension, subject to the Government’s explanations for the authorities’ use of the CLTPA in the past five years and justifications for an extension of a further five years.

He asked if advances in policing methods and technological advances will help to control the problem of gangs and crime syndicates and mitigate the problem of witnesses not coming forth to testify.

Prof Faishal said: “The use of police cameras has greatly assisted police enforcement efforts, especially in unlicensed moneylending cases.

“The police will continue to leverage technology as a key strategy in their enforcement approach. However, as we have emphasised, the Act is an instrument of last resort.”

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

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