Public Prosecutor v Chong Kai Xiong: Freedom of Assembly and Procession
The Public Prosecutor appealed against the acquittal of Chong Kai Xiong and others by the trial judge for an offence under r 5 of the Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules for participating in a procession without a permit. The High Court, Choo Han Teck J, allowed the appeal, finding that the respondents' activity constituted a procession requiring a permit, and remitted the matter to the trial judge for conviction and sentencing.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding procession without a permit. The court found the respondents guilty, holding that their activity constituted a procession requiring a permit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Bala Reddy, John Lu Zhuoren, Peggy Pao Pei Yu |
| Chong Kai Xiong | Respondent | Individual | Acquittal Set Aside | Lost | |
| others | Respondent | Other | Acquittal Set Aside | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bala Reddy | Attorney-General's Chambers |
| John Lu Zhuoren | Attorney-General's Chambers |
| Peggy Pao Pei Yu | Attorney-General's Chambers |
| Cheah Wuiling | Law Faculty, National University of Singapore |
4. Facts
- The respondents participated in a gathering at Speakers’ Corner in Hong Lim Park on 16 September 2007.
- Some participants wore t-shirts with the words “Democracy Now” and “Freedom Now”.
- The group walked from Speakers’ Corner to Parliament House, the Istana, and Queenstown Remand Prison.
- The event commemorated the first anniversary of the WB-IMF protest held on 16 September 2006.
- The event's purpose was posted on the Singapore Democratic Party's website on 13 September 2007.
- The respondents did not have a permit for the procession.
5. Formal Citations
- Public Prosecutor v Chong Kai Xiong and others, Magistrate's Appeal No 317-321 of 2009 (Police Summons No 1344-1348 of 2008), [2010] SGHC 101
6. Timeline
| Date | Event |
|---|---|
| WB-IMF protest held | |
| Event posted on Singapore Democratic Party website | |
| Respondents participated in a gathering and walk | |
| Trial at Magistrate Court | |
| Magistrate's Appeal No 317-321 of 2009 filed | |
| High Court allowed the appeal |
7. Legal Issues
- Freedom of Assembly
- Outcome: The court held that constitutional provisions never create unbridled rights and the limits set out in r 2 and 5 of the Rules are fair and adequate.
- Category: Constitutional
- Procession Without a Permit
- Outcome: The court held that the respondents' activity constituted a procession within the meaning of the Rules and Act, requiring a permit.
- Category: Substantive
8. Remedies Sought
- Conviction and sentencing of the respondents
9. Cause of Actions
- Violation of Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules, r 5
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Regina (Kay) v Commissioner of Police of the Metropolis | N/A | Yes | [2008] 1 WLR 2723 | N/A | Cited for the reluctance of courts to express a fixed and definitive rule as to what “a procession” means. |
| Flockhart v Robinson | N/A | Yes | [1950] KB 498 | N/A | Cited with approval in Regina (Kay) v Commissioner of Police of the Metropolis for the statement that a procession is a body of persons moving along a route. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Miscellaneous Offences (Public Order and Nuisance) Act | Singapore |
| Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules, r 5 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Procession
- Permit
- Freedom of assembly
- Public order
- Public nuisance
- Speakers' Corner
- Political protest
15.2 Keywords
- Procession
- Permit
- Freedom of assembly
- Singapore
- Public order
- Criminal law
16. Subjects
- Criminal Law
- Constitutional Rights
- Public Order
17. Areas of Law
- Criminal Law
- Constitutional Law
- Public Order Law