- 1
- Senior Lecturer School of Oriental and
African Studies, London University; presented in the Asian studies
seminar series State and Law in Asia, Asian Studies Centre, St
Anthony's College, Oxford, 19 October 1993.
- 2
- It is
interesting to note that the BBC's excellent documentary
intelligent-island, focused on the operation of the
port of Singapore as the most obvious example of the
``on-line'' society. Whatever else is argued in this paper, it
may well be that in the field of information technology the
Asia-Pacific region's future will resemble Singapore's
present.
- 3
- Or the Malay world, as he
would have called it.
- 4
- In 1990 Lee stepped down as Prime
Minister after 29 years, but since then, under the leadership
of Goh Chok Tong as Prime Minister, Singapore clearly stills
follows all the principle points of Lee's policy, even if some
slight differences in style of Government can be detected. As
Senior Minister in the Prime Minister's Department, Lee still
clearly exercises great influence, and his position in no way
corresponds to that of Margaret Thatcher over a similar period.
A common joke in Singapore is that Goh is now ``the Prime
Minister in the Senior Minister's Department''. Lee himself has
described his position as that of a goalkeeper rather than a
centre forward. Recently Lee has finally relinquished the
important post of Secretary-General of the People's Action
Party [PAP] to Goh.
- 5
- This was written as referring to the Chinese,
but applies in some ways to the British colonialists too, who
were constantly at odds with their overlords.
- 6
- bartholomew-englaw.
- 7
- tan-short.
- 8
- Singapore
is of course no longer properly described as a developing
country, and I am speaking historically here.
- 9
-
phang-development.
- 10
- phang-development, chapter 3.
- 11
- This is not of course true of most other
states which have received the common law, even those in the
developing areas of Africa and Asia. These states have made the
common law their own, and local precedents are argued alongside
English and other cases. An interesting example of the lack of
development of common law was the insistance on the rule
against perpetuities, which directly contradicted Chinese
customary law in preventing the tying up of property for
ancestor worship. This approach was typical of the colonial
judges, but has been continued by the Singaporean judiciary.
See, further, phang-development+55, n. 8.
- 12
- Phang goes on to discuss criminal law,
family law, labour law, and public housing law, finding that
the innovative legislation in these areas has been successfully
based on Singapore's particular social and economic
circumstances.
- 13
- See m-const-amend-1991, and a
note on this by Kevin Tan at tan-constamend-note.
- 14
-
m-const-commn-rept.
- 15
- See
constamend-n19.
- 16
- See harding-const-proc.
- 17
- s-constamend-n9.
- 18
- Non-Chinese PAP MPs generally garnered a
smaller proportion of the vote than their Chinese counterparts;
this phenomenon was likely to be accentuated by (i) the
increasingly mathematical distribution of races into new
housing estates (itself an important aspect of social
engineering); and (ii) the adoption of an increasingly
``Chinese'' policy by the PAP (Lee has been frank about the
perceived lack of ``loyalty'' among the Malays, and has said
that Singapore would do better if its population was racially
monolithic like that of Japan).
- 19
- It is far more difficult for the
opposition parties to win in the equivalent of three adjoining
constituencies than to pick off the odd constituency here and
there.
- 20
-
harding-const-proc.
- 21
- Indeed it is part of PAP policy that
this should be so.
- 22
- See, further, tan-parliament.
- 23
- The PAP share of the vote has dwindled
from around 80% in the late 1960s to 63% in 1991 (voting is
compulsory in Singapore). This perhaps shows that even
Singapore's apparently total success in implementing its social
engineering policy must be qualified by the need to defer to
some extent to public opinion: see, further,
phang-development+357ff.
- 24
- Except on money bills, supply bills, constitutional
amendments, and confidence motions.
- 25
- s-const+46(2).
- 26
- See ricjs-1987.
- 27
- It must be conceded that the
theme of this paper raises some interesting theoretical issues
about the nature of law which there has been no space to go
into. I have deliberately adopted a positivist, Austinian
approach, because that seems to me appropriate to the
subject-matter. However, the ``social engineering'' approach to
the analysis of legal systems does, in general, have to be
handled with care. For some of the difficulties involved, see
woodman-allotrev, and Allott's reply, which follows,
woodman-allottrev-reply.
- 28
- See tynne-admin-state.
- 29
- See, eg,
re-dow-jones-asia.
- 30
- Dealt with by the
maint-of-relig-harmony-act++819;
internal-security-act++819;
newsp-printing-presses-amd-act. For the last see
batterman-sing-news.
- 31
- The tropical mosquito did not stand a chance,
and has been dismissed by the irresistible advance of concrete
modernity.
- 32
- Having
taught at the National University for several years, I can
vouch for the effect of discouragement of criticism on the
mentality of a generation of Singaporeans.
- 33
- chngsuantzevminister; for comment see Sin Boon
Ann, `Judges and Executive Discretion—a Look at
sin-boon-ann-chingvminister;
harding-singapore-prevent. See also
teo-soh-lung-v-min; vincent-cheng-v-min.
- 34
-
lee-mau-seng-v-min.
- 35
- Cases from other Commonwealth countries,
including Namibia and Zimbabwe were cited in Chng's case.
- 36
- intl-sec-amend-1989. Consequential
constitutional amendments were effected by the
constamend-1989.
- 37
- Tax incentives still remain,
however.
- 38
- Here I part company with Phang
(eg, phang-development++27475), who regards
these laws as proceeding from a favourable environment of
public opinion. It is of course true that there are
countervailing values such as ``westernization'', which have
made the Singapore Government's task much more difficult; this
development has resulted in a more materialistic society, but
not in a greater emphasis on individual rights.
- 39
- disc-democracy.
- 40
- By representing the two most popular approaches
to Government in Singapore, the PAP has cleverly, to some
extent, succeeded in garnering the radical (``consensual
Government'') vote as well as the conservative (``authoritarian
Government'') vote.
- 41
-
jeyaretnam-v-law-soc-sing.