Yong Vui Kong
Encyclopedia
Yong Vui Kong is a Malaysian citizen who has been sentenced to death by hanging
in Singapore
for carrying heroin.
, Malaysia. He was working as a "runner" (meaning courier
or mule
) for an unidentified criminal boss, when he was arrested in 2007 with 47.27 grams (1.7 oz) of heroin. He was 19 years old at the time, and thus not an adult (the age of majority
in Singapore is 21 years). He is also said to be illiterate
, and did not know that the penalty for smuggling drugs was death or that the package he was carrying contained drugs.
Yong was originally represented in the High Court by Kelvin Lim. Due to Yong's young age, and since execution is mandatory for a person convicted of trafficking in more than 15 gram (0.529109431576679 oz) of diamorphine, the trial judge Justice Choo Han Teck
asked the Prosecution to consider reducing the charge against him. The Prosecution declined, and Yong was found guilty and sentenced to death.
Human rights lawyer Madasamy Ravi took over Yong's case and succeeded in obtaining a stay of execution. However, on 14 May 2010, the Court of Appeal of Singapore
ruled in Yong Vui Kong v. Public Prosecutor
that the mandatory death penalty imposed by the Misuse of Drugs Act
did not infringe Articles 9(1)
and 12(1)
of the Constitution
.
Defence lawyers have argued that Yong's execution violates human rights
and the separation of powers
in government. M. Ravi has asked Malaysia to bring the case to the International Court of Justice
.
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
in Singapore
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...
for carrying heroin.
Personal life
Yong is from a low-income family in the state of SabahSabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
, Malaysia. He was working as a "runner" (meaning courier
Courier
A courier is a person or a company who delivers messages, packages, and mail. Couriers are distinguished from ordinary mail services by features such as speed, security, tracking, signature, specialization and individualization of express services, and swift delivery times, which are optional for...
or mule
Mule (smuggling)
A mule or courier is someone who smuggles something with him or her across a national border, including bringing in to and out of an international plane, especially a small amount, transported for a smuggling organization. The organizers employ mules to reduce the risk of getting caught...
) for an unidentified criminal boss, when he was arrested in 2007 with 47.27 grams (1.7 oz) of heroin. He was 19 years old at the time, and thus not an adult (the age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
in Singapore is 21 years). He is also said to be illiterate
Literacy
Literacy has traditionally been described as the ability to read for knowledge, write coherently and think critically about printed material.Literacy represents the lifelong, intellectual process of gaining meaning from print...
, and did not know that the penalty for smuggling drugs was death or that the package he was carrying contained drugs.
Yong was originally represented in the High Court by Kelvin Lim. Due to Yong's young age, and since execution is mandatory for a person convicted of trafficking in more than 15 gram (0.529109431576679 oz) of diamorphine, the trial judge Justice Choo Han Teck
Choo Han Teck
Justice Choo Han Teck is a Judge of the Supreme Court of Singapore. He was first appointed Judicial Commissioner in 1995, and later appointed Judge in January 2003.-External links:*...
asked the Prosecution to consider reducing the charge against him. The Prosecution declined, and Yong was found guilty and sentenced to death.
Human rights lawyer Madasamy Ravi took over Yong's case and succeeded in obtaining a stay of execution. However, on 14 May 2010, the Court of Appeal of Singapore
Court of Appeal of Singapore
The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the...
ruled in Yong Vui Kong v. Public Prosecutor
Yong Vui Kong v. Public Prosecutor
Yong Vui Kong v. Public Prosecutor was a seminal case decided in 2010 by the Court of Appeal of Singapore which held that the mandatory death penalty imposed by the for certain drug trafficking offences does not infringe Articles 9 and 12 of the Constitution of Singapore.Article 9 states: "No...
that the mandatory death penalty imposed by the Misuse of Drugs Act
Misuse of Drugs Act (Singapore)
The Misuse of Drugs Act is a national drug control law classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes...
did not infringe Articles 9(1)
Article 9 of the Constitution of Singapore
Article 9 of the Constitution of the Republic of Singapore, specifically Article 9, guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution...
and 12(1)
Article 12 of the Constitution of Singapore
Article 12 of the Constitution of the Republic of Singapore guarantees to all persons equality before the law and equal protection of the law. The Article also identifies four forbidden classifications – religion, race, descent and place of birth – upon which Singapore citizens may not be...
of the Constitution
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
.
Defence lawyers have argued that Yong's execution violates human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
in government. M. Ravi has asked Malaysia to bring the case to the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
