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Court of Appeal rules AGC, SPS acted unlawfully in handling prisoner correspondence

The Singapore Court of Appeal declared that the Attorney-General’s Chambers (AGC) and the Singapore Prison Service (SPS) acted unlawfully in requesting and disclosing prisoner correspondence. The court found breaches of confidence but upheld only nominal damages of S$10 each for copyright infringement claims.

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The Singapore Court of Appeal has declared that the Attorney-General’s Chambers (AGC) and the Singapore Prison Service (SPS) acted unlawfully by requesting and disclosing prisoner correspondence.

The judgment, issued on 11 October 2024, stated, “We, therefore, grant declarations that the AGC and the SPS had acted unlawfully by, respectively, requesting and disclosing the Appellants’ correspondence pursuant to the Practice.”

It also ruled that both the AGC and SPS committed breaches of confidence through the disclosure and retention of these communications.

However, the court declined to award further damages, maintaining the earlier decision that nominal damages of S$10 should be paid for copyright infringement claims.

This judgment, issued on 11 October 2024, follows a protracted legal battle involving 13 appellants who had been prisoners in Changi Prison.

AGC should have sought consent or obtained a court order, says court

The case, Civil Appeal No. 30 of 2022, centred on the handling of correspondence by the SPS and the AGC, with the appellants arguing that their rights to confidentiality had been violated. The appellants sought broader remedies, including substantial damages and more extensive declarations against the AGC and SPS.

The dispute dates back to 2020 when one of the appellants, Mr Datchinamurthy a/l Kataiah, first raised allegations that the SPS had forwarded his correspondence to the AGC without consent.

Subsequent investigations revealed that the AGC had received over 68 documents from the SPS, including private letters between prisoners and their legal representatives. The appellants argued that these actions breached their rights to privacy and confidentiality.

The Court of Appeal, presided over by Chief Justice Sundaresh Menon, Justice of Appeal Steven Chong, and Senior Judge Judith Prakash, concluded that both the AGC’s requests for correspondence and the SPS’s disclosures were conducted unlawfully under the prevailing legal framework.

The court stressed that the AGC should have sought consent or obtained a court order before requesting confidential prisoner communications. Similarly, the SPS was found to have overstepped its authority by sharing this information without the proper legal basis.

“The SPS’s authority under reg 127A to read and copy letters does not extend to sharing such correspondence with third parties, including the AGC, without the prisoner’s consent or a court order,” said the court.

The court’s judgment highlighted that while the SPS has the power to read and copy prisoner letters under the Prisons Regulations, this power does not extend to sharing such information with third parties like the AGC.

In particular, the court noted the importance of maintaining the confidentiality of legal correspondence, which is critical to ensuring the due process rights of prisoners.

S$10 for minor copyright infringements

The court further determined that the SPS’s actions in disclosing, and the AGC’s actions in retaining, the confidential correspondence constituted a breach of confidence.

This decision builds on earlier findings from the Gobi case, which similarly addressed the limits of the SPS’s authority regarding prisoner communications. The breaches, however, were not deemed to have caused specific harm that would justify substantial compensation.

Thus, the court upheld the nominal damages awarded by the lower court, amounting to S$10 each for three of the appellants—Syed Suhail bin Syed Zin, Mr Iskandar bin Rahmat, and Mr Rosman bin Abdullah—for minor copyright infringements related to their correspondence.

The court emphasised that prisoners retain certain rights over their personal communications and that these should not be infringed without clear legal justification.

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Pro-Palestine residents call for sanctions against Israel during meet-the-people session in Punggol-West

Pro-Palestinian supporters from Punggol West engaged MP Sun Xueling at a Meet-the-People Session, urging Singapore to consider sanctions against Israel amid the ongoing crisis that has claimed at least 42,000 Palestinian lives. While Sun highlighted Singapore’s S$17 million in humanitarian aid, residents questioned the effectiveness of aid given the country’s arms trade with Israel.

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SINGAPORE: Marking one year since the Israeli assault on Palestine that claimed over 42,000 lives, on 7 October 2024, pro-Palestinian supporters from Punggol West gathered at a Meet-the-People Session to discuss sanctions against Israel with MP Sun Xueling.

Ms Sun highlighted Singapore’s humanitarian efforts, noting that over S$17 million (approximately US$13 million) had been directed to the region. She called the crisis a “huge human catastrophe” and advocated for an immediate ceasefire.

However, residents questioned the feasibility of a ceasefire given Singapore’s ongoing arms trade with Israel, citing the purchase of Blue Spear missiles for the Navy and the display of Israeli weapons at the Singapore Air Show.  They also pointed out that Israeli defense company Elbit Systems operates in Singapore.

Although Ms Sun was not involved in arms discussions, she promised to raise these concerns with the relevant ministries.

On 2 July 2024, Mr Leong Mun Wai, Non-Constituency Member of Parliament (NCMP) from the Progress Singapore Party, asked the Minister for Foreign Affairs whether Singapore had sold any defence materials to Israel since the conflict began on 7 October 2023.

Minister Dr Vivian Balakrishnan responded that Singapore strictly adheres to international arms sales obligations and submits regular reports to the UN, but does not disclose specifics due to national security reasons. It should be noted that there is no embargo on arms sales to Israel.

On 18 September 2024, Singapore voted in favour of UN General Assembly Resolution A/ES-10/L.31, which called for a halt to imports from Israeli settlements and arms provisions to Israel in situations where they might be used in the Occupied Palestinian Territory. Following this, NCMP Leong filed a question regarding whether Singapore would implement the resolution’s steps.

The session shifted to concerns about a broader conflict, with residents referencing Israel’s ground invasion of Lebanon and Syria and questioning whether sanctions were being considered.

Ms Sun acknowledged their fears and affirmed that the crisis in Gaza was unacceptable.

When asked about sanctions, she explained that the Israel-Palestine conflict is more complex than other international issues, such as the Russia-Ukraine war, but assured residents she would relay their concerns to the Ministry of Foreign Affairs (MFA).

Residents pressed further, questioning whether Israel’s invasion of Lebanon justified sanctions and expressing frustration about a perceived double standard in how invasions in the Middle East are treated compared to those involving predominantly white countries.

Ms Sun noted that Singapore had previously imposed sanctions in other contexts, such as during the US invasion of Grenada and Vietnam’s incursion into Cambodia, emphasizing that sanctions are not determined by ethnicity.

They also pointed out the inconsistency in Singapore’s approach, highlighting that the country only established diplomatic ties with South Africa after the end of apartheid.

Ms Sun admitted her limited knowledge of this history but promised to raise these examples with the MFA.

The session concluded with residents submitting a petition urging the government to impose sanctions on Israel.

Netizens criticize Singapore’s stance on Israel

Under a post by Monday of Palestine Solidarity on Instagram, netizens voiced their opinions on the recent dialogue between Punggol West residents and MP Sun Xueling regarding Singapore’s stance on Israel.

One user questioned Ms Sun’s knowledge of the situation in Palestine, asking, “Is she even aware of what’s happening at all?”

They argued that while Ms Sun claimed the scale of the conflict was different from the Russia-Ukraine war, the situation in Palestine is actually far worse.

The user criticized her for not using accurate terms to describe the crisis, suggesting she was avoiding terms like “mass murder,” “apartheid,” “genocide,” and “ethnic extermination.”

The commenter also pointed out historical context, referencing a New York Times article from June 20, 1899, titled “Conference of Zionists in Baltimore: Will Colonize Palestine,” to emphasize the long-standing nature of the issue.

They concluded by stating, “Humanitarian aid does NOT stop the killing,” highlighting the need for stronger action.

Another user expressed frustration, calling the government’s response “absolutely unacceptable.”

They criticized Singapore for being one of the top exporters of weapons, which are “being used and tested on Palestinians,” while only offering humanitarian aid and failing to take meaningful action against Israel.

One commenter highlighted the disparity in Singapore’s response, noting that the government had immediately sanctioned Russia when the war in Ukraine began, yet after a year of violence in Palestine, no similar action had been taken against Israel.

Another user challenged the common narrative that the Israel-Palestine conflict is an ancient issue that spans thousands of years, calling it a “lazy excuse for inaction.”

They stressed that Israel has been in violation of international law since its illegal occupation of Palestine and the establishment of apartheid in 1967.

Some users expressed skepticism about Singapore’s ability to take a stronger stance. One commenter argued that Singapore depends on its Zionist allies for security, stating that any action against Israel could jeopardize the country’s safety.

They pointed to the historical ties between Singapore and Israel, particularly in building Singapore’s military, and concluded that speaking out against Israel would endanger Singapore’s security and stability.

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TWC2 launches fundraising initiative for at-risk migrant workers

Transient Workers Count Too (TWC2) has launched a fundraising campaign to assist those facing challenges such as work injuries, wrongful termination or financial hardship due to underpayment disputes. The campaign, hosted on Give.asia, aims to raise S$36,000 to provide crucial support during these workers’ most difficult times.

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SINGAPORE: Transient Workers Count Too (TWC2), an advocacy group for migrant workers, has launched a fundraising campaign to support those facing difficulties, including work injuries, termination for requesting rightful salaries, or financial hardship due to disputes over underpayment.

The campaign, hosted on the Give.asia platform, aims to raise S$36,000 to provide a lifeline for these workers during their darkest hours.

The group stated that the funds will offer support to low-wage migrant workers in distress through various means, including meal assistance, phone top-ups, travel allowances, emergency shelter, and more.

TWC2 highlighted five types of workers in distress. For example, one cook was forced to perform unpaid work late into the night and was coerced into signing blank payslips.

He received less than half of his official salary, with his employer creating false timecards and payslips.

TWC2 specified the resources needed to assist migrant workers facing financial challenges over six months, including S$1,322 per month for an online helpdesk, S$876 for meal support, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend Ministry of Manpower (MOM) appointments.

Worker Left Vulnerable After Company Closure: Loss of Housing and Belongings Leads to Months of Hardship

Another worker is struggling after his company closed down, leaving him without coverage for his injury.

Furthermore, his employer allegedly failed to pay his housing rent, resulting in the worker losing all his belongings, including his passport, cash, and clothes. He was left to beg and borrow clothes for nearly a month.

TWC2 stated that the funds will help him replace his passport, which costs around S$200, as well as cover S$2,228 for his monthly rent at the TWC2 shelter, S$480 for EZ-Link credit for travel to hospital appointments, and S$240 for phone top-ups.

The third case involves a migrant worker who was denied necessary surgery after suffering a finger injury from heavy machinery. Instead of being taken to the hospital immediately, he was brought to a small clinic, leading to an infection in his open fracture.

He was also pressured to return to his home country for treatment. Urgent surgery was delayed for 33 days because his employer withheld the necessary documents.

TWC2 is appealing for S$1,322 per month for online helpdesk support for this worker, S$1,898 for meal support, S$240 for phone top-ups, and S$480 for EZ-Link credit for travel to hospital appointments.

The fourth case involves a worker who was underpaid for overtime and rest day work.

He was fired after discussing information related to the Employment Act with his colleagues. His employer later contacted a potential future employer to disparage him.

This worker will require S$1,073 monthly to fund online information campaigns, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.

The fifth case concerns a worker who injured his back while lifting 50kg of cement. Although he was granted 300 days of medical leave, his employer did not report the incident to MOM, and the insurance company took over a year to investigate and accept his claim. The doctor instructed him to avoid catered food for health reasons.

TWC2 is seeking S$160 monthly for his groceries, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.

Part of this annual fundraising campaign commemorates International Migrants Day in December, which includes a luncheon, “Lunch With Heart,” for migrant workers to thank them for their contributions to Singapore.

TWC2 Highlights Ongoing Exploitation: Employers Bypass Laws to Undermine Workers’ Earnings

TWC2 noted that, according to Singapore’s Employment Act (Section 96), all workers should receive payslips detailing how their salaries are calculated and paid.

However, some employers still find ways to circumvent these laws, cheating workers out of their already low salaries. In 2023 alone, salary disputes rose by 55% according to MOM’s Employment Standards Report.

TWC2 emphasized that migrant workers who experience workplace accidents can be denied treatment by unscrupulous employers, despite being covered under the Work Injury Compensation Act. Even with medical insurance, they often lack access to it and may be sent back home with untreated injuries. The recovery process can be long and isolating, contributing to significant stress and mental health challenges for injured workers.

For these workers, a significant source of daily stress is financial insecurity.

“They are constantly thinking about providing for their family back home, ensuring loans are paid and sick family members have money for medical treatment. Essentially they are like us in every way.”

TWC2 highlighted that workers often take on overtime and forgo days off, even on public holidays, to earn higher wages. They should not be deprived of the wages they have rightfully earned or left with untreated injuries.

“We are appealing to you to offer a helping hand to these filial sons, devoted husbands, responsible mothers and dedicated workers, in their hour of dire need. ”

“We sincerely hope you can chip in so that these workers can have a lifeline in their darkest hours.”

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