Chee Soon Juan v Public Prosecutor: Freedom of Speech and Public Entertainment Licensing
Chee Soon Juan appealed to the High Court of Singapore against his conviction and sentence for attempting to provide public entertainment without a license, a violation of the Public Entertainments and Meetings Act. The Chief Justice Yong Pung How dismissed the appeal, upholding the constitutionality of the Act and finding that Chee's actions constituted an attempt to provide public entertainment by holding a rally without a license near the Istana. The court also found that the sentence was not manifestly excessive, given Chee's prior convictions.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals dismissed.
1.3 Case Type
Constitutional
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Chee Soon Juan appeals conviction for attempting to provide public entertainment without a license. The court dismisses the appeal, upholding the constitutionality of the Public Entertainments and Meetings Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chee Soon Juan | Appellant | Individual | Appeal dismissed | Lost | |
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | Bala Reddy, Hui Choon Kuen |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bala Reddy | Deputy Public Prosecutor |
| Hui Choon Kuen | Deputy Public Prosecutor |
4. Facts
- Chee applied for a license to hold an exhibition-cum-rally on Labour Day outside the Istana.
- The application was rejected due to potential disruption to public order.
- Chee stated his intention to proceed with the rally regardless of the rejection.
- Chee was spotted moving to a traffic light in front of the Istana, surrounded by a crowd.
- Chee was warned multiple times by police to leave but refused.
- Chee had prepared props and exhibits for the rally.
5. Formal Citations
- Chee Soon Juan v Public Prosecutor, MA 256/2002, MA 256/2002
- Chee Soon Juan v PP, MA No 246 of 1999, Chee Soon Juan v PP (MA No 246 of 1999)
6. Timeline
| Date | Event |
|---|---|
| Chee applied for a license to hold an exhibition-cum-rally outside the Istana. | |
| Chee attempted to hold a rally on the grounds of the Istana. | |
| Chee's previous conviction under s 19(1)(a) PEMA. | |
| Court dismissed Ghandi's appeal against sentence. | |
| High Court dismissed Chee's appeals against conviction and sentence. |
7. Legal Issues
- Freedom of Speech
- Outcome: The court held that the Public Entertainments and Meetings Act (PEMA) does not violate the constitutional right to freedom of speech.
- Category: Constitutional
- Public Entertainment Licensing
- Outcome: The court held that Chee's actions constituted an attempt to provide public entertainment without a license, violating the Public Entertainments and Meetings Act.
- Category: Substantive
- Related Cases:
- [1989] SLR 978
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Violation of Public Entertainments and Meetings Act
- Trespassing on Government Property
10. Practice Areas
- Constitutional Litigation
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jeyaretnam JB v PP | High Court | Yes | [1989] SLR 978 | Singapore | Cited to define 'public entertainment' under the Public Entertainments and Meetings Act. |
| Chee Soon Juan v PP | High Court | Yes | Chee Soon Juan v PP (MA No 246 of 1999) | Singapore | Cited to show that the court had previously reduced Chee's fine to enable him to stand for election to Parliament, with a warning against repeating the offence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Public Entertainments and Meetings Act (Cap 257, 2001 Rev Ed) ss 2, 19(1)(a) | Singapore |
| Penal Code, Cap 224 s 511 | Singapore |
| Constitution of the Republic of Singapore art 14(2((a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Public entertainment
- Freedom of speech
- Public order
- Licensing
- Rally
- Istana
- Constitution
- Attempt
15.2 Keywords
- Chee Soon Juan
- Public Prosecutor
- Freedom of Speech
- Public Entertainment
- Singapore
- High Court
- Appeal
16. Subjects
- Constitutional Law
- Criminal Law
- Public Entertainment Law
17. Areas of Law
- Constitutional Law
- Public Entertainment Law
- Criminal Law