Internal Security Act (Singapore)
Encyclopedia
The Internal Security Act (ISA) of Singapore is a law that allows the Singapore government to investigate security threats like international terrorism, foreign subversion, espionage and acts of violence or hatred using race or religion. The Internal Security Act (ISA) of Singapore
confers on the government the right to arrest and preventively detain individuals without trial for up to two years at a time in certain defined circumstances under Section 8(1)(a) of the ISA. The ISA is controversial because some regard it as a draconian law that curbs civil liberties. Proponents of the law argue that the ISA is necessary for the city-state to preemptively thwart serious security threats.
The most notable ISA case was Operation Coldstore
in 1963 which led to the arrest of some 100 left-wing politicians, trade unionists and communists, including members of the socialist opposition party, the Barisan Sosialis
. While the ISA has not been invoked since the 1980s against leftist political opponents, the continued existence of ISA is perceived by the U.S. State Department as restricting political opposition and criticism of the government. Chia Thye Poh, an alleged communist, was detained under the ISA from 1966 to 1998, the longest person ever to be held under this law.
Since 2001, the ISA has been used against alleged Al Qaeda-inspired terrorists in Singapore. With concerns of terrorism, there is ongoing debate on the relevance of the ISA among citizens in Singapore and the need for its reform and prevention of abuse. The leading opposition party in Singapore, the Workers' Party, supported the abolishment of the ISA and asked for specific anti-terrorism and anti-espionage laws to replace the ISA. These new laws were to allow arrests and detention without trial only under strict conditions.
British colonial Malaya
introduced the "Emergency Regulations Ordinance" on 7 July 1948 during the Malayan Emergency
in response to a communist uprising and guerrilla war. The regulations allowed the police to arrest
anybody suspected of having acted "or being likely to act" in a way that would threaten security without evidence or warrant, hold them incommunicado
for investigation and detaining them indefinitely without the detainee ever being charged with a crime or tried in a court of law.
Preservation of Public Security Ordinance
The successor to the Emergency Regulations Ordinance, the PPSO, was introduced a result of the 1955 Hock Lee Bus riots
by the Labour Party government in Singapore. There was strong opposition to the Labour Party's PPSO by the opposition party then, the People's Action Party. In 1958, Lee Kuan Yew from the People's Action Party accused the Lim Yew Hock government of using the PPSO to stifle political dissent.
Internal Security Act
In 1960, three years after Malaya's independence, the Emergency was declared over. However, the Malayan (now Malaysian) Internal Security Act was passed in its place with much of the same powers. During parliamentary debates, Malayan Prime Minister Tunku Abdul Rahman
stated that the ISA would only be applied against only the remaining Communist insurgents. The Malayan Communist Party
and its insurgents eventually surrendered in 1989. Nonetheless, the ISA in Malaysia was retained.
When Singapore joined the Federation of Malaya in 1963, the Malayan ISA was enacted in Singapore. Even after its separation from Malaysia in 1965, Singapore also retained the ISA.
In September 2011, the ISA debate was re-opened after Malaysia announced that it was considering repealing the ISA. Former ISA detainees in Singapore and the Singaporean government subsequently debated the legitimacy and relevance of the ISA.
On 22 Nov 2011, in a parliament reply to Non-Constituency MP, Lina Chiam, Deputy Prime Minister Teo Chee Hean stated that a total of 2,460 arrests were made under internal security laws from 1959 to 1990. Of these arrests, 1,045 people were detained under the Preservation of Public Security Ordinance (1959-1963) and the Internal Security Act (1963-1990). Mr Teo said those arrested and/or detained were for a variety of reasons, including involvement in communist-related activities to overthrow the Government; racial and religious extremism; Indonesian Confrontation; foreign subversion and espionage; and terrorism.
According to The Straits Times of 28 October 1956, 234 people were detained under the PPSO. It is reported in Hansard of February 1963 to 12 February 1963 that 110 people were detained on 2 February 1963 (Operation Coldstore). The Straits Times of 28 May 1976 reported that 50 people were arrested.
As of 13 September 2011, there were 17 people on Orders of Detention, one on Suspension Direction and 49 on Restriction Orders currently.
1.A person can be held for no more than 30 days from the date of arrest before he is served an Order of Detention (OD), or Restriction Order (RO), or released unconditionally.
2.Both the Order of Detention and Restriction Orders have to be approved by both the Minister of Home Affairs and the President of Singapore.
3.ODs and ROs are termed at 2 years and they can be renewed at the approval of the Minister of Home Affairs and the President of Singapore.
4.Each OD and RO must be reviewed by an independent Advisory Board which is headed by a Supreme Court Judge and two qualified citizens appointed by the President.
5.A detainee must be informed of the grounds of detention and allegations made against him within 14 days of the service on him the Order of Detention.
6.A detainee has the right to make representations (engage a lawyer or any person) against his OD to the Advisory Board which shall convene within 3 months of the detention.
7. The Advisory Board shall have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.
8. Even though the period of detention is for 2 years at a time, the Advisory Board shall review all cases every 12 monthly.
9.In 1991, the Constitution and the ISA was amended to enact the President's concurrence when the Advisory Board has recommended a detainee's release at the President's own discretion without the direction of the Cabinet.
10.A Board of Inspection, made up of 50 Justices of Peace and community leaders, makes unannounced visits to the ISD detention centre to ensure that the detainees are not subject to abuse and are well cared for.
, a British lawyer, author and professor, said in 1989, in connection with Malaysia:
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
confers on the government the right to arrest and preventively detain individuals without trial for up to two years at a time in certain defined circumstances under Section 8(1)(a) of the ISA. The ISA is controversial because some regard it as a draconian law that curbs civil liberties. Proponents of the law argue that the ISA is necessary for the city-state to preemptively thwart serious security threats.
The most notable ISA case was Operation Coldstore
Operation Coldstore
Operation Coldstore was a security operation launched in Singapore on 2 February 1963 in which at least 111 anti-government left-wing activists were arrested and detained, including key members of the opposition political party Barisan Sosialis...
in 1963 which led to the arrest of some 100 left-wing politicians, trade unionists and communists, including members of the socialist opposition party, the Barisan Sosialis
Barisan Sosialis
The Barisan Sosialis is a former Singaporean left-wing political party formed in 1961, by left-wing members of the People's Action Party and led by Dr Lee Siew Choh and Lim Chin Siong.-Formation:...
. While the ISA has not been invoked since the 1980s against leftist political opponents, the continued existence of ISA is perceived by the U.S. State Department as restricting political opposition and criticism of the government. Chia Thye Poh, an alleged communist, was detained under the ISA from 1966 to 1998, the longest person ever to be held under this law.
Since 2001, the ISA has been used against alleged Al Qaeda-inspired terrorists in Singapore. With concerns of terrorism, there is ongoing debate on the relevance of the ISA among citizens in Singapore and the need for its reform and prevention of abuse. The leading opposition party in Singapore, the Workers' Party, supported the abolishment of the ISA and asked for specific anti-terrorism and anti-espionage laws to replace the ISA. These new laws were to allow arrests and detention without trial only under strict conditions.
History
Emergency Regulations OrdinanceBritish colonial Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
introduced the "Emergency Regulations Ordinance" on 7 July 1948 during the Malayan Emergency
Malayan Emergency
The Malayan Emergency was a guerrilla war fought between Commonwealth armed forces and the Malayan National Liberation Army , the military arm of the Malayan Communist Party, from 1948 to 1960....
in response to a communist uprising and guerrilla war. The regulations allowed the police to arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
anybody suspected of having acted "or being likely to act" in a way that would threaten security without evidence or warrant, hold them incommunicado
Incommunicado
Incommunicado, as an adjective or adverb, refers to a situation or a behaviour due to which communication with outsiders is not possible, for either voluntary or involuntary reasons, especially due to confinement or reclusiveness....
for investigation and detaining them indefinitely without the detainee ever being charged with a crime or tried in a court of law.
Preservation of Public Security Ordinance
The successor to the Emergency Regulations Ordinance, the PPSO, was introduced a result of the 1955 Hock Lee Bus riots
Hock Lee bus riots
The Hock Lee bus riots occurred on May 12, 1955, in Singapore. 4 people were killed and 31 injured in the violent and bloody riot.-Strikes begin:...
by the Labour Party government in Singapore. There was strong opposition to the Labour Party's PPSO by the opposition party then, the People's Action Party. In 1958, Lee Kuan Yew from the People's Action Party accused the Lim Yew Hock government of using the PPSO to stifle political dissent.
Internal Security Act
In 1960, three years after Malaya's independence, the Emergency was declared over. However, the Malayan (now Malaysian) Internal Security Act was passed in its place with much of the same powers. During parliamentary debates, Malayan Prime Minister Tunku Abdul Rahman
Tunku Abdul Rahman
Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah, AC, CH was Chief Minister of the Federation of Malaya from 1955, and the country's first Prime Minister from independence in 1957. He remained as the Prime Minister after Sabah, Sarawak, and Singapore joined the...
stated that the ISA would only be applied against only the remaining Communist insurgents. The Malayan Communist Party
Malayan Communist Party
The Malayan Communist Party , officially known as the Communist Party of Malaya , was founded in 1930 and laid down its arms in 1989. It is most famous for its role in the Malayan Emergency.-Formation:...
and its insurgents eventually surrendered in 1989. Nonetheless, the ISA in Malaysia was retained.
When Singapore joined the Federation of Malaya in 1963, the Malayan ISA was enacted in Singapore. Even after its separation from Malaysia in 1965, Singapore also retained the ISA.
In September 2011, the ISA debate was re-opened after Malaysia announced that it was considering repealing the ISA. Former ISA detainees in Singapore and the Singaporean government subsequently debated the legitimacy and relevance of the ISA.
Instances of the application of the ISA
The power of preventive detention in the ISA is used only when prosecution is not practical and the threat to national security must be dealt with promptly. Thus, it has been used sparingly and only as a last resort. Instances of the application of the ISA and its predecessors, the Emergency Regulations Ordinance, 1948 and the Preservation of Public Security Ordinance, 1955 (PPSO) have been reported in the press and periodically released by the government.On 22 Nov 2011, in a parliament reply to Non-Constituency MP, Lina Chiam, Deputy Prime Minister Teo Chee Hean stated that a total of 2,460 arrests were made under internal security laws from 1959 to 1990. Of these arrests, 1,045 people were detained under the Preservation of Public Security Ordinance (1959-1963) and the Internal Security Act (1963-1990). Mr Teo said those arrested and/or detained were for a variety of reasons, including involvement in communist-related activities to overthrow the Government; racial and religious extremism; Indonesian Confrontation; foreign subversion and espionage; and terrorism.
According to The Straits Times of 28 October 1956, 234 people were detained under the PPSO. It is reported in Hansard of February 1963 to 12 February 1963 that 110 people were detained on 2 February 1963 (Operation Coldstore). The Straits Times of 28 May 1976 reported that 50 people were arrested.
As of 13 September 2011, there were 17 people on Orders of Detention, one on Suspension Direction and 49 on Restriction Orders currently.
- 1963 – Operation ColdstoreOperation ColdstoreOperation Coldstore was a security operation launched in Singapore on 2 February 1963 in which at least 111 anti-government left-wing activists were arrested and detained, including key members of the opposition political party Barisan Sosialis...
, a joint Malaysian-Singaporean operation to arrest 117 opposition party and labor union leaders, some of whom were detained for up to 17 years. - 1966 – Chia Thye PohChia Thye PohChia Thye Poh was the longest-serving political prisoner in the history of Singapore and perhaps the longest-serving prisoner of conscience of the 20th century, if not one of its longest-serving political prisoners....
, a member of the leftist Barisan SosialisBarisan SosialisThe Barisan Sosialis is a former Singaporean left-wing political party formed in 1961, by left-wing members of the People's Action Party and led by Dr Lee Siew Choh and Lim Chin Siong.-Formation:...
, was detained without trial for 32 years under the ISA. He spent the last nine years under forms of house arrest and civil rights restrictions, including confinement on the island of SentosaSentosaSentosa, which translates to peace and tranquility in Malay , is a popular island resort in Singapore, visited by some five million people a year...
. - 1987 – In a security operation known as Operation SpectrumOperation SpectrumOperation Spectrum was launched on May 21, 1987 by Singapore's Internal Security Department using the Internal Security Act . 16 people were arrested for their involvement in what was described as a "Marxist conspiracy". On June 20, 1987, four of the original 16 were released and six more were...
, 22 Roman Catholic church and social activists and professionals were detained under the ISA. They were accused of being members of a dangerous Marxist conspiracy bent on subverting the government by force and replacing it with a Marxist state. - 1997 – Two were arrested in Singapore for espionage activities. One was a male Singapore Permanent Resident who was a deep-cover operative of a foreign intelligence service. He had used the other, a female Singaporean, as a collaborator. The two have since been released.
- 1998 - Four were arrested in Singapore for espionage activities. Three were controlled agents for a foreign intelligence agency. One of them recruited the fourth person to collect intelligence on and to subvert a local community organisation. The four have since been released.
- December 2001 – Fifteen alleged members of the Jemaah IslamiyahJemaah IslamiyahJemaah Islamiah , is a Southeast Asian militant Islamic organization dedicated to the establishment of a Daulah Islamiyah in Southeast Asia incorporating Indonesia, Malaysia, the southern Philippines, Singapore and Brunei...
(JI) militant group were arrested for involvement in the Singapore embassies attack plotSingapore embassies attack plotThe Singapore embassies attack plot was a plan in 2001 by Jemaah Islamiyah to bomb the diplomatic missions and attack personnel of the United States, Australia, the United Kingdom, and Israel based in Singapore. There were also several other targets. The plot was uncovered in December 2001 and as...
. - August 2002 – Another 21 alleged members of JI were arrested. Mohamed Khalim Jaffar, arrested in 2002, was released in September 2011.
- February 2006 - Alleged JI head Mas Selamat bin KastariMas Selamat bin KastariMas Selamat bin Kastari , an Indonesian-born Singaporean, was for more than a year Singapore's most-wanted fugitive after escaping from detention on 27 February 2008. The search for him has been described as the largest manhunt ever launched in Singapore...
extradited from Indonesia and detained without trial under the ISA. He escaped from custody in February 2008. Rearrested on 1 April 2009, this time under the Malaysian version of the ActInternal Security Act (Malaysia)The Internal Security Act 1960 is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances...
. - June 2007 - Lawyer Abdul Basheer was arrested in a Middle Eastern country, repatriated, and detained in Singapore for planning and preparing to engage in militant activities in Afghanistan. In February 2010, he was released from detention.
- July 2010 - Full time NSF personnel Muhammad Fadil Abdul Hamid was detained on 4 April 2010 under the Act with two others placed under restriction orders.
- January 2011 - Jumari bin Kamdi, a JI member, was arrested in Malaysia and deported to Singapore.
- June 2011 - Abdul Majid s/o Kunji Mohammad, a Moro Islamic Liberation Front member, was arrested in Malaysia and deported to Singapore.
- July 2011 - Samad bin Subari, a JI member who fled to Indonesia during the earlier arrest of JI members, was arrested in Indonesia and deported to Singapore.
Safeguards of the ISA
The government recognizes that the ISA is a “very blunt instrument” and that the individuals detained have their normal rights of a trial suspended. Therefore, safeguards have been enacted to prevent abuse of the ISA.1.A person can be held for no more than 30 days from the date of arrest before he is served an Order of Detention (OD), or Restriction Order (RO), or released unconditionally.
2.Both the Order of Detention and Restriction Orders have to be approved by both the Minister of Home Affairs and the President of Singapore.
3.ODs and ROs are termed at 2 years and they can be renewed at the approval of the Minister of Home Affairs and the President of Singapore.
4.Each OD and RO must be reviewed by an independent Advisory Board which is headed by a Supreme Court Judge and two qualified citizens appointed by the President.
5.A detainee must be informed of the grounds of detention and allegations made against him within 14 days of the service on him the Order of Detention.
6.A detainee has the right to make representations (engage a lawyer or any person) against his OD to the Advisory Board which shall convene within 3 months of the detention.
7. The Advisory Board shall have all the powers of a court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production of documents.
8. Even though the period of detention is for 2 years at a time, the Advisory Board shall review all cases every 12 monthly.
9.In 1991, the Constitution and the ISA was amended to enact the President's concurrence when the Advisory Board has recommended a detainee's release at the President's own discretion without the direction of the Cabinet.
10.A Board of Inspection, made up of 50 Justices of Peace and community leaders, makes unannounced visits to the ISD detention centre to ensure that the detainees are not subject to abuse and are well cared for.
Quotes
The author of the ISA, Hugh HicklingHugh Hickling
Reginald Hugh Hickling , known as Hugh Hickling, was the author of the controversial Internal Security Act of colonial Malaysia, and a British lawyer, civil servant, law academic, and author....
, a British lawyer, author and professor, said in 1989, in connection with Malaysia:
See also
- Chng Suan Tze v. Minister for Home AffairsChng Suan Tze v. Minister for Home AffairsChng Suan Tze v. Minister for Home Affairs is a seminal case in administrative law decided by the Court of Appeal of Singapore in 1988. The Court decided the appeal in the appellants' favour on a technical ground, but considered obiter dicta the reviewability of government power in preventive...
- Teo Soh Lung v. Minister for Home AffairsTeo Soh Lung v. Minister for Home AffairsTeo Soh Lung v. Minister for Home Affairs is the name of two cases of the Singapore courts, a High Court decision delivered in 1989 and the 1990 judgment in the appeal from that decision to the Court of Appeal. The cases were concerned with the constitutionality of amendments made to the...
- Internal Security Act (Malaysia)Internal Security Act (Malaysia)The Internal Security Act 1960 is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances...
- Prevention of Terrorism Act 2005Prevention of Terrorism Act 2005The Prevention of Terrorism Act 2005 is an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001...