Court of Appeal of the Republic of Singapore

Country Profile:

Singapore retains the mandatory death penalty for ordinary crimes, including murder, kidnapping, treason and drug-related offences.  Singapore voted against both the 2007 and 2008 UN General Assembly Resolutions on the adoption of a moratorium on the use of the death penalty.  In 2008, Singapore imposed five death sentences and carried out at least one reported execution.  In 2009, at least 6 death sentences were imposed and 1 execution was carried out. Singapore is neither a party to the International Convention on Civil and Political Rights (ICCPR) nor its Second Optional Protocol aiming at the abolition of the death penalty (1989).

Yong Vui Kong v Public Prosecutor [2010] SGCA 20

We have been assisting local lawyers in Singapore in the case of Yong Vui Kong, in bringing an appeal against the death sentence for drug trafficking.  Yong Vui Kong, a twenty-two year old Malaysian, was due to be executed in Singapore in December 2009, following the denial of clemency by the President.  Mr Kong was convicted of drug trafficking in the High Court of Singapore and received a mandatory death sentence.  He had admitted at trial that he was a drug courier and was convicted of trafficking 47.27 grams of diamorphine.  He was 19 years old at the time he was charged and had no previous criminal record. We assisted in preparing a legal appeal to the Court of Appeal of Singapore requesting leave to appeal out of time to consider the constitutionality of the death sentence. In an unprecedented decision, the Court of Appeal of Singapore granted Mr Kong leave to appeal out of time on the basis of special circumstances. (See Press Release).   

In March 2010, with the help of Edward Fitzgerald QC and John Jones, Barristers from Doughty Street Chambers,  we assisted Kong's local lawyer in preparing detailed skeleton submissions for the hearing before the Court of Appeal to consider the constitutionality of the mandatory death penalty for drug trafficking. In March 2010, the Executive Directors, along with Edward Fitzgerald QC and John Jones, travelled to Singapore to attend and assist Mr Ravi at the hearing of the Appeal.  Since the stay of execution was granted in December 2009, there has been an unofficial stay of execution for all prisoners on death row, which is likely to continue until this case is decided upon. 

On 14 May 2010, the Court of Appeal dismissed the appeal. The Court held firstly, that there is no specific prohibition of inhuman punishment contained within the Singapore Constitution, and therefore the mandatory death penalty, even if it did constitute inhuman punishment, is not unconstitutional. 

Furthermore, the Court held that customary international law is not applicable if it has not been incorporated into domestic law.  Even so, the Court rejected the argument that customary international law prohibits the mandatory death penalty as a form of inhuman punishment. For these reasons, the Court therefore held that the mandatory death penalty does not violate the right to life provision in the Singapore Constitution. 

Finally, the Court rejected the argument that the Misuse of Drugs Act draws arbitrary distinctions between those who traffic different amounts of drugs and therefore does not violate the right to equal protection under the law. The Court went even further to reiterate that any developments in customary international law or foreign constitutions would have no effect upon the right to life provision in the Singapore Constitution, affirming that appropriateness of the mandatory death penalty is a matter for Parliament, not the Courts.  

 
We are currently considering what other avenues exist as well as preparing submissions seeking clemency as Mr Kong is at serious risk of execution.