PAP MPs reminded not to write to the courts on behalf of constituents

SINGAPORE — In a letter to the ruling People’s Action Party’s (PAP) Members of Parliament on Friday (Feb 9), party whip Chan Chun Sing reminded them not to write letters of appeal to the courts on behalf of their constituents lest they cause “misperceptions” of interference in the judicial process.

Mr Chan noted that the PAP Government has always upheld the principle of the separation of powers between the three branches of government, and urged those who need assistance with “exceptional cases” to seek advice from him or the Ministry of Law.

Mr Chan’s letter (above) came amidst a public debate on whether MPs should write letters directly to the courts. Last week, High Court judge See Kee Oon questioned an appellant’s use of a letter from her MP Lam Pin Min (Sengkang West) to downplay her culpability.

Mr Chan was quoted by The Straits Times days later as saying that the PAP has “no specific governing rules” on the sending of MP letters to the courts or other agencies or ministries.

This prompted a retired district judge to disclose, in a letter to The Straits Times’ forum page, that Singapore’s founding prime minister Lee Kuan Yew had instructed all MPs, in writing, that they should not write such letters to the courts.

“Mr Lee was also of the view that if the MP’s constituent resident perceived his sentence imposed by the court as lenient, he might attribute it solely to the MP’s letter, and, therefore, feel obligated or grateful to vote for the MP in an election,” wrote Mr Low Wee Ping, who had also served as the Registrar of the Subordinate Courts and Supreme Court in the 1980s.

In his letter to PAP MPs on Friday, Mr Chan wrote that PAP MPs have, “as a norm” over the years, refrained from writing to the Courts on behalf of their constituents.

PAP MPs, he said, “must not do anything that may give rise to any misperception that they can influence or interfere in the judicial process”.

“When approached by constituents over matters that come before the Courts, PAP MPs may write to the Ministry of Law (on procedural issues) and the Attorney-General’s Chambers (on prosecutorial issues). This has been the general practice, and will remain so,” he added.

TODAY has reached out to Dr Lam for comments. According to The Straits Times, he had written two letters on behalf of his constituent, Tang Ling Lee, who had been sentenced to a week in jail for colliding with a motorcyclist.

Dr Lam’s first letter was to the Traffic Police in February last year to appeal for a reduction in charges. Tang approached the MP about her case again in April at his Meet-the-People Session, following which she was given an appeal letter for leniency addressed to “whom it may concern” at the State Courts.

In dismissing Tang’s appeal last week, Justice See pointed out that her appeal letter was inconsistent with the statement of facts she had agreed to.

The victim, Mr Vikaramen A Elangovan, had to be hospitalised for over two months due to the multiple fractures he suffered from the accident. But Tang, in her appeal letter, claimed that she “accidentally brushed a motorcyclist resulting in the motorcyclist sustaining some injuries”.

In his letter, Mr Chan reminded his fellow PAP MPs that the courts have “clear and strict procedures to uphold the independence and integrity of the judicial process”, and are in the best position to evaluate the evidence and merits of a case.

He added: “The separation of powers has never been in question even when the courts have received a letter from an MP, directly or indirectly. Nevertheless, to avoid any doubt or public misperception, may I remind PAP MPs not to write to the Courts on behalf of their constituents.”

MPs approached by TODAY, such as West Coast GRC MP Patrick Tay, said they are aware of the “long-standing practice” for PAP MPs not to write to the courts on behalf of their constituents.

Mr Tay said he would explain why he would not do so, when faced with such requests from his constituents. “I’ve been a party activist for 20 years, and even during those days when I was branch secretary, we had this long-standing thing where we don’t write to the courts,” he added.

Bukit Panjang SMC MP Teo Ho Pin said he does not receive many requests for such letters, adding: “The party whip’s letter is quite clear – we do not interfere in judicial processes.” ADDITIONAL REPORTING BY LOUISA TANG