Wham Kwok Han Jolovan v Public Prosecutor: Constitutionality of Public Order Act s 16(1)(a) and Freedom of Assembly
In Wham Kwok Han Jolovan v Public Prosecutor, the Singapore Court of Appeal addressed a criminal reference regarding the constitutionality of s 16(1)(a) of the Public Order Act (POA) concerning the requirement for a permit to organize a public assembly. The applicant, Wham Kwok Han Jolovan, was convicted of organizing a public assembly without a permit. The court, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JA, Judith Prakash JA, Tay Yong Kwang JA, and Steven Chong JA, dismissed the reference, holding that s 16(1)(a) of the POA is a valid restriction on the right to assemble peaceably under Article 14(1) of the Constitution, as it serves the interest of public order.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Criminal reference dismissed; s 16(1)(a) of the Public Order Act is a constitutionally valid derogation from Article 14(1) of the Constitution.
1.3 Case Type
Constitutional
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal upholds the constitutionality of s 16(1)(a) of the Public Order Act, finding it a valid restriction on freedom of assembly.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wham Kwok Han Jolovan | Applicant | Individual | Reference Dismissed | Lost | Eugene Thuraisingam, Suang Wijaya, Johannes Hadi |
| Public Prosecutor | Respondent | Government Agency | Reference Upheld | Won | Kumaresan s/o Gohulabalan, Lim Shin Hui, Seah Ee Wei |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Judith Prakash | Judge of Appeal | Yes |
| Tay Yong Kwang | Judge of Appeal | No |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Thuraisingam | Eugene Thuraisingam LLP |
| Suang Wijaya | Eugene Thuraisingam LLP |
| Johannes Hadi | Eugene Thuraisingam LLP |
| Kumaresan s/o Gohulabalan | Attorney-General’s Chambers |
| Lim Shin Hui | Attorney-General’s Chambers |
| Seah Ee Wei | Attorney-General’s Chambers |
4. Facts
- The Applicant organized the 'Civil Disobedience and Social Movements' event.
- The event featured Joshua Wong, a non-citizen, speaking via video link.
- The Applicant did not obtain a permit for the event as required by the Public Order Act.
- The Applicant was charged and convicted under s 16(1)(a) of the Public Order Act.
- The Applicant argued that the permit requirement is unconstitutional.
- The High Court dismissed the Applicant's appeal against his conviction.
- The Court of Appeal dismissed the criminal reference.
5. Formal Citations
- Wham Kwok Han Jolovan v Public Prosecutor, Criminal Reference No 1 of 2020, [2020] SGCA 111
6. Timeline
| Date | Event |
|---|---|
| Applicant advised to apply for a permit under the Public Order Act. | |
| Applicant held the 'Civil Disobedience and Social Movements' event. | |
| Applicant filed an appeal to the High Court against his conviction and sentence. | |
| Applicant raised the submission that the permit requirement under the POA is unconstitutional. | |
| The High Court Judge dismissed the Applicant’s appeal in its entirety and rejected his argument on the unconstitutionality of s 16(1)(a) of the POA. | |
| In Criminal Motion No 22 of 2019, the Applicant applied to refer two questions of law of public interest to this court under s 397(1) of the Criminal Procedure Code. | |
| Court granted the Applicant leave to refer the Question. | |
| Court dismissed the criminal reference. | |
| Court provided the full reasons for its decision. |
7. Legal Issues
- Constitutionality of s 16(1)(a) of the Public Order Act
- Outcome: The court held that s 16(1)(a) of the Public Order Act is a constitutionally valid restriction on the right to assemble peaceably under Article 14(1) of the Constitution.
- Category: Constitutional
- Sub-Issues:
- Restriction on freedom of assembly
- Permissible derogation from constitutional rights
- Related Cases:
- [1992] 1 SLR(R) 791
- [2016] 1 SLR 779
- [1988] 2 SLR(R) 525
- [2006] 1 SLR(R) 582
- [2020] 2 SLR 95
- [2012] 4 SLR 947
- [2017] 1 SLR 373
- [2003] 2 SLR(R) 445
- AIR 1963 Guj 259
- [1973] AC 761
- [2010] 1 SLR 52
8. Remedies Sought
- Declaration of unconstitutionality of s 16(1)(a) of the Public Order Act
- Setting aside the Applicant’s conviction
9. Cause of Actions
- Violation of Public Order Act s 16(1)(a)
10. Practice Areas
- Constitutional Litigation
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jeyaretnam Joshua Benjamin v Lee Kuan Yew | Court of Appeal | Yes | [1992] 1 SLR(R) 791 | Singapore | Cited in the context of maintaining a balance between the right of free speech and the right to protection of reputation. |
| Tan Seet Eng v Attorney-General and another matter | Court of Appeal | Yes | [2016] 1 SLR 779 | Singapore | Cited for the principle that the court should scrutinize the Minister’s exercise of discretion objectively. |
| Chng Suan Tze v Minister for Home Affairs | Court of Appeal | Yes | [1988] 2 SLR(R) 525 | Singapore | Cited for the principle that the Minister’s discretion is to be reviewed objectively. |
| Chee Siok Chin and others v Minister for Home Affairs and another | High Court | Yes | [2006] 1 SLR(R) 582 | Singapore | Cited for the determination of the constitutionality of a given piece of legislation in relation to Art 14. |
| Saravanan Chandaram v Public Prosecutor and another matter | Court of Appeal | Yes | [2020] 2 SLR 95 | Singapore | Cited for the principle that the presumption of constitutionality cannot determine whether the legislative derogation falls within the scope permitted by Art 14(2). |
| Mohammad Faizal bin Sabtu v Public Prosecutor | High Court | Yes | [2012] 4 SLR 947 | Singapore | Cited for the principle that the separation of powers is a part of the basic structure of the Westminster constitutional model that Singapore has adopted. |
| Attorney-General v Ting Choon Meng and another appeal | Court of Appeal | Yes | [2017] 1 SLR 373 | Singapore | Cited to show that legislation may not restrict the constitutional right. |
| Chee Soon Juan v Public Prosecutor | High Court | Yes | [2003] 2 SLR(R) 445 | Singapore | Cited for the principle that permit or licensing requirements are in the nature of restrictions. |
| Indulal K Yagnik v State of Gujarat and Ors | High Court of Gujarat | Yes | AIR 1963 Guj 259 | India | Cited for the usefulness of granting discretionary powers to those on whom the duty of preservation of the public order is imposed from day to day. |
| Arthur Francis v Chief of Police | Privy Council | Yes | [1973] AC 761 | United Kingdom | Cited for the observation that it was convenient to designate the Chief of Police as the licensing authority as he was concerned with preserving public order. |
| Review Publishing Co Ltd v Lee Hsien Loong | Court of Appeal | Yes | [2010] 1 SLR 52 | Singapore | Cited for the idea of achieving a balance between a constitutional right and a constitutionally permitted derogation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Constitution of the Republic of Singapore (Cap 1, 1985 Rev Ed) Art 14 | Singapore |
| Public Order Act (Cap 257A, 2012 Rev Ed) s 16(1)(a) | Singapore |
| Public Order Act (Cap 257A, 2012 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 397(1) | Singapore |
| Criminal Law (Temporary Provisions) Act (Cap 67, 2000 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Public assembly
- Permit requirement
- Freedom of assembly
- Public order
- Constitutional rights
- Restriction
- Derogation
- Necessary or expedient
- Commissioner of Police
- Minister
- Judicial review
15.2 Keywords
- Public Order Act
- Freedom of assembly
- Constitutionality
- Singapore
- Public assembly
- Permit
- Restriction
- Derogation
16. Subjects
- Constitutional Law
- Criminal Law
- Public Order
- Freedom of Assembly
17. Areas of Law
- Constitutional Law
- Criminal Law
- Freedom of Assembly
- Public Order Law