The Book of Prof Shad.docx

Advice on proposed outline of the answer on a rough

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Advice on proposed outline of the answer On a rough page outline the basic issues you spot in the question. Tackle each issue ONE BY ONE in separate paragraphs by following the ATACR formula. To demarcate each issue, use sub-headings or numbers 4
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PROPOSED ANSWER QUESTION 1 1 This question on human rights and state power raises the following contentious issues of constitutional law: 1 Was the arrest on 10 June 2012 legal and in accordance with the law? 2 Were grounds supplied adequately? 3 Were grounds supplied “as soon as may be”? 4 Was there deprivation of life because of the torture, assault and threats? 5 Family was not allowed to be contacted. 6 Legal representation was denied. 7 There was delay in production before a magistrate. 8 Are the rights under Article 5 automatically suspended under an Article 149 law like the ISA? 9 Is the ISA a valid law under Art 5? 10 Is the Minister’s ISA detention order made in bad faith? 11 There was violation of the Art 151 right to make representation to an Advisory Board. 12 With repeal of the ISA, can a detention under the ISA still continue? 13 Is section 32(2)(a) of SOSMA a retrospective law that is in violation of Art 7(1)? 14 Is the subsequent charge on June 16, 2014 under the OSA a double jeopardy under Art 7(2)? 15 For procedural violations of Article 5(3) and (4) can habeas corpus issue? 16 What remedies, if any, are available to Fatimah? 1 Was the arrest on 10 June legal and in accordance with the law? Fatimah may argue that the police must investigate first and arrest afterwards. This principle in Christie v Leachinsky (1947) was affirmed by our courts in Abdul Rahman v Tan Jo Koh (1968). In this case the police seem to be doing the opposite. Relying on anonymous allegations without any investigation reflects poor professionalism and a disregard for the rights of the arrestee. The government may reply that police can act on “reasonable suspicion” to arrest and then investigate. In view of the sensitivity of Fatimah’s post, the action of the police is not unreasonable and their suspicion is reasonable enough. Courts will most probably accept this view, though I humbly submit that the arrest was illegal because the police were fishing for evidence and had no reasonable suspicion. 2 Were grounds supplied adequately? Art 5 (3) explicitly requires that the arrestee must be informed of the “grounds of arrest”. The purpose of this right is to allow the arrestee to exculpate herself. Clearly the grounds must be supplied with 1 Do not forget to number your question! 5
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precision. Allegations of facts should be provided: Low Soon Mooi (1989). Under the OSA, it is an offence for an unauthorized person to have, to retain, to use, to communicate or to fail to take reasonable care of classified information. Fatimah has a right to know what aspect of the OSA she had violated? It is not enough to tell her that she is arrested for investigation under the OSA? It is like saying we are arresting you under the Penal Code! Which specific provision of OSA was violated need not be mentioned (Chong
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