Friday 31 March 2017

Rule of Law. We say what we mean, and we mean what we say.

Critical for our words to count


"We say what we mean, and we mean what we say. Sometimes we are faulted for being rigid and inflexible, but it is absolutely critical for our words to count and for us to hold others to what they have undertaken to us," Prime Minister Lee Hsien Loong said.

"So having a reputation for insisting on these key points is perhaps no bad thing."

He was speaking at an event celebrating the Attorney-General's Chambers (AGC) 150th anniversary.

Upholding the law continues to be of 'vital national interest' to small states like Singapore, Mr Lee said.


Rule of law reason for Singapore's rapid progress from Third World to First


It was the rule of law that made Singapore stand out from the other developing countries in the early days of independence and this paved the way for Singapore's rapid progress from Third World to First in 50 years. 



Rule of law and the individual


Individuals know that all are equal before the law. The law upholds individual rights and freedoms while balancing them against society's need to maintain law and order. A central plank, he said, was to foster harmony and social cohesion among the diverse races and religions. People trust the courts to hear their cases impartially, with justice accessible to all.


Rule of law and businesses


Businesses know that they operate in a stable, transparent, rational environment where commerce is governed by transparent rules, contracts are enforced and investments protected.

"Because we emphasized all these aspects of the rule of law, Singapore distinguished itself from other developing countries and made it from Third World to First," he added.

Nations dealing with Singapore have also come to expect that the Republic would honour the agreements it enters and expect the same of others, Mr Lee added.

The AGC, along with the judiciary, are 'critical' in the upholding of the rule of law.


Law enforcement "without fear or favour"and a safe and secure Singapore


As public prosecutor, the AGC enforces all laws on any wrongdoer "without fear or favour", whether it is a case against a high profile person for criminal breach of trust, or a senior public officer accused of graft, or any offence involving race or religion.

"Because our laws are enforced, Singaporeans and foreigners know that here in Singapore, they are safe and secure," Mr Lee said.

AGC, as legal advisor to government, has to see issues through the lens of the government department, understand what it seeks to achieve and then come up with solutions, where necessary, by amending the law.


AGC as the Government's legislative drafter


A key approach to drafting legislation is not to reinvent the wheel as far as possible and to base it on existing models elsewhere. For example, when a new legislation was proposed in the Cabinet, founding Prime Minister Lee Kuan Yew's first question was to ask which country it was copied from. He knew from a good precedent that Singapore would benefit from the experience and mistakes of others, Mr Lee said.

"But when we have to make laws on our own that have no precedent elsewhere, we have to be very deliberate, think creatively and feel our way forward and recognize that we will have to amend the laws later as we gain experience working on it, to deal with unexpected issues or react to changing circumstances," he said, raising the institution of the Elected President as an example.

The Constitution was amended to introduce an Elected President with custodial powers, he noted, and these arrangements were "complex and novel", with no precedent elsewhere. Therefore, the problem was mulled over for several years, with two White Papers published before it was finally legislated in 1991.


AGC as Singapore's international lawyer protects Singapore's interests abroad


Mr Lee cited the legal work that went into fighting Singapore's case on Pedra Branca against Malaysia before the International Court of Justice as the "best example" in this area.


TODAY's photo:
Prime Minister Lee Hsien Loong, Attorney-General Lucien Wong (left) and Chief Justice Sundaresh Menon (right) at the Celebration of the Attorney-General’s Chambers’ (AGC) 150th Anniversary.     



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