REPORT OF COMMISSION OF INQUIRY INTO ALLEGATIONS - OF EXECUTIVE INTERFERENCE IN THE SUBORDINATE COURTS - (Paper Cmd. 12 of 1986)
Mr Speaker, Sir, I beg to move, That this Parliament: (1) accepts the Report of the Commission of Inquiry into allegations of Executive interference in the Subordinate Courts as contained in Cmd Paper 12 of 1986; and (2) deplores as dishonourable the conduct of the Member for Anson in pleading Parliamentary Privilege to evade having to give evidence on his allegations of Executive interference, allegations he had made on several occasions in this House, all of which were calculated to undermine confidence in the independence, impartiality and integrity of the Subordinate Courts Judiciary. Sir, what is this debate and what is this motion all about? It is not about the Member for Anson. It is not about the Opposition. It is not about freedom of speech. Then what is the issue? Sir, the issue concerns a far more grave, a far more serious matter. The issue is about fundamental institutions and basic values of our society, an issue concerning standards of political integrity. It is about irresponsible attempts to bring into total disrepute our major institutions to destroy the integrity and thereby undermine the stability of our society's key institutions. Every society has its key institutions and fundamental pillars. Chip away at them, bring about cracks, and the whole fabric of our society may be brought to ruin. The Member for Anson's unfounded attack on the Judiciary is a clear example of this attack. His allegations, everyone must know and he must know, can have only two consequences. Within Singapore, it will undermine the confidence of our people in the integrity of our judicial system. And for persons abroad, it will undermine the confidence of investors who have multi -million-dollar investments and contracts in Singapore and who expect and who have a right to expect that disputes will be settled in accordance with the law, facts and evidence. There is no shortage of foreign critics who want to join the Member for Anson in bringing such scurrilous accusations. Members will recall one foreign journal was in fact made to appear before the court for contempt of court and they apologized. Mr Speaker, Sir, the Member for Anson's attack on the Judiciary is not the first or isolated instance. Ever since he became a Member of this House, he has embarked on a systematic strategy of maligning our basic fundamental values and institutions. (a) When he first came into this House, he made allegations of corruption against the Government. And when confronted and challenged, he quickly backed away and said that these were rumours. (b) He insinuated that there was some cover-up concerning Mr Phey Yew Kok. He wanted a commission of inquiry and was offered a commission of inquiry provided it did not prejudge mat- ters before the courts, and he did not come back on the offer. (c) He has made totally unfounded allegations about the Police, abuse of powers, and this morning we showed that he fabricated the whole story and he withdrew the allegation. Not only that, he has also in this House persistently defamed the character of innocent persons outside this House, persons who are unable to defend themselves. And when challenged to repeat these allegations outside, he declined to do so. We remember his defamatory words about Mr S.R. Nathan. We remember his defamatory words about the Howe Yoon Chong family and, more recently, his scurrilous comments made about the Chief Justice. And when the Chief Justice, through the Prime Minister, asked that the Member for Anson repeat it outside, he did not do so. Mr Speaker, Sir, this then is his habit. This then is the pattern of conduct of the Member of the House, a pattern of making wild, reckless, scandalous statements under the cover of parliamentary privilege. But of all the allegations that he has made, of all the statements that he has made, this is the worst and the most serious: to suggest that the Government is suborning the Judiciary, that the Government has manipulated the Judiciary and transferred officers. For what reason? Because the Government, according to his words, was displeased with the Judges' decisions. To suggest that one Judge, Mr Michael Khoo, was transferred because of his decision on a case concerning the Member and he was transferred because an appeal had been filed by the Deputy Public Prosecutor. The question, Sir, is this. When politicians, Members of the House, make such scurrilous statements about the Judiciary, should they be allowed to do so freely? We say no. Such scurrilous, scandalous, contemptible, statements must never be allowed to pass without the closest scrutiny. Once made, such serious allegations about the Judiciary must be scrutinized. The facts must be proven and the truth established. Why? Because, Mr Speaker, Sir, either the Member for Anson is dishonest and is lying or he, the accuser, is right which means that the Government is crooked. It is one or the other. It cannot be otherwise. The public therefore needs to know two things when such allegations are made about the Judiciary. First, is the Member for Anson able, willing, to back up his allegations? Is he truthful? Is he honest? Or is he a cowardly man who only makes such allegations when protected by parliamentary privilege? Or is he fabricating these allegations for political purposes? The second thing that the public wants to know is what is the position of the Government? Is the Government ready, and willing, to have such serious allegations investigated, scrutinized, to determine the truth? The Government's position on this, Members will recall, was stated by the Prime Minister in this House on 22nd December 1981 in reply to the Member for Anson's allegations about corruption. I quote from the Prime Minister [Hansard, Vol. 41 col. 332]: 'If there is any allegation of misconduct by any Member of this House or any Member of the Government, or official of the Government, there will be a full inquiry, a full prosecution, and every facility for the facts to be unravelled. That is the strength of this Government.' Mr Speaker, Sir, Members are familiar with the sequence of events which led to the establishment of the Commission of Inquiry. I will not repeat all of them but let me refresh and recapitulate the salient events. These are the sittings of 10th January, and of 19th and 21st March. Sir, on the 10th of January, there was the Second Reading of the Subordinate Courts (Amendment) Bill and the Criminal Procedure Code (Amendment) Bill. In the course of these debates, the Member made allegations about the Subordinate Courts Judiciary. Let me quote from Hansard [Vol. 46, cols. 710-2]. On the 10th January, the Member said: '.... a Senior District Judge .... delivered judgment in a criminal case. Some months later, he was removed and he was transferred to the Attorney-General's Chambers. That was not a promotion.' Then he went on to say: 'I am sorry to have to say this, that was not the first time. There were at least two other instances, and I know this personally. There was one case where, after a decision was given, the man was transferred. That was about four or five years ago, and there was one case much earlier than that. These decisions were not acceptable.' Members will note that these are not general innuendoes but specific allegations that he had personal knowledge of Judges being transferred because their decisions were unacceptable. Then on the 19th of March, in the exchange that he had with the Prime Minister, he alleged that the prosecution against him had been politically motivated, and he said: [Vol. 47, col. 696] 'The other thing I said was we were acquitted on three of those charges by the Senior District Judge and after he had written his judgment, because an appeal was filed by the Public Prosecutor against the acquittal, he was transferred.' Again, a specific allegation, that the Senior District Judge had been transferred. Why? Because an appeal had been filed by the Public Prosecutor. After he had written his judgment, because an appeal was filed by the Public Prosecutor against acquittal, he was transferred. Specific allegation, giving the reason why he was transferred. Incidentally, Mr Speaker, Sir, I must inform the Members of the House that the Senior District Judge gave oral judgment on 14th January 1984. The hearing of the appeal before the Chief Justice took place in May 1984. In August 1984, the Senior District Judge was transferred. The Chief Justice's decision was given in April 1985. I mentioned those dates because the Member in his statement on the 19th March had said that the Senior District Judge had been transferred because an appeal was filed by the Public Prosecutor. Mr Speaker, Sir, in the sitting of 21st March 1986, the Prime Minister produced his account of a conversation with the Chairman of the Public Service Commission. The Chairman of the Public Service Commission reported that these transfers were done in the ordinary course of the Legal Service Commission's affairs by the Chief Justice in consultation with the Attorney-General. Then a written note from the Chief Justice was produced by the Prime Minister where the Chief Justice stated categorically that the decision to transfer was his own decision. The Member for Anson persisted and did not apologize. The following day, the Prime Minister produced internal Legal Service Commission documents and minutes, also suggesting quite clearly that these transfers were done by the Chief Justice in consultation with the Attorney-General and that power had been delegated to them. Then what happened? Let us recall that when the Member for Anson refused to accept all this evidence, the Member for Anson then suggested the appointment of a Parliamentary Committee to inquire into how it came about that the man was transferred. Members will note that it was the Member for Anson who initiated the idea of an inquiry. It was he who suggested that there should be an inquiry. Then there was a debate as to the nature of the inquiry, form terms of reference, and so on. Eventually, the Prime Minister suggested that, instead of a Parliamentary inquiry, there be established a Commission of Inquiry headed by a Judge of the High Court. The Prime Minister said that the Inquiry will look into, and I quote [Vol. 47, col. 914]: 'the basis for all the allegations made, all the statements made by the Member in this Chamber concerning the Judiciary and the administration of the law, and to look specifically into the two items he has made.' I need to underline, Mr Speaker, that the Prime Minister made it clear that the Inquiry will look into all the statements made by the Member in this House concerning the Judiciary. Did the Member for Anson challenge this? He did not. The Prime Minister also said: 'There will be someone appointed to conduct it and the Member for Anson will be one of the prime suppliers of evidence to this High Court Judge.' I am reading from col. 914 of the Hansard of 21st March, 1986.