Showing posts with label Law Enforcement. Show all posts
Showing posts with label Law Enforcement. Show all posts

11 April, 2023

Quora Answer: How Do Countries Who Had ISIS Fighters Punish Them When They Try to Return?

The following is my answer to a Quora question: “How would the countries, who had citizens fight for ISIS, properly punish them if they tried to return to their home country? 

The answer is straightforward: arrest them, try them, and have them executed.  In Singapore, it is to be hung until dead. The crime, in this case, is sedition and waging war against the state.  I do not believe in rehabilitation for these Wahhabi terrorists.  This should be applied regardless of whether they are male or female.  There is no such thing as a lesser penalty for these ISIS brides.  They are not innocents or victims; they are enablers and supporters.  And those below the age of majority, but close to it, the court should be given special dispensation to try them as adults. 

It is only natural that when we have an infection, we address it at the root.  These people will always be a source of propaganda and inspiration, even when they are dead.  The difference is that dead people do not spin new stories.  Hang enough terrorist and the rest of the population will understand that there is no misguided softness when it comes to addressing an existential threat to the secular state.



27 January, 2022

Quora Answer: What Do You Think of the Passing of the Foreign Interference Countermeasures Act (FICA) in Singapore?

The following is my answer to a Quora question: “What do you think of the passing of the Foreign Interference Countermeasures Act (FICA) in Singapore? 

The Foreign Interference (Countermeasures) Act 2021 is a statute of the Parliament of Singapore.  The intent is to provide the Ministry of Home Affairs with the powers required to investigate politically significant persons, defined as political parties; political office holders; all Members of Parliament, including the Non-Constituency MPs and Nominated MPs; the Leader of the House; the Leader of the Opposition; and election candidates, and their election agents.  It is not limited to them, and may be expanded.  The criticism that the powers granted are broad, but this is the first bill of its kind, to address an unprecedented situation, and we need to start somewhere.  I expect that the act will be refined over time, and amended.  That being said, it is necessary. 

Singapore, and its government, have been targetted by foreign interests for some time, particularly from China, and elements of the American political class, to advance their agenda.  In an age of extensive social media penetration, the manipulation of news, the proliferation of fake news, and attempts to manipulate the electorate has been noted in many places.  An example of this is the election of Donald John Trump, and the subversion of the American electoral process at every level for partisan political agendas.  Less public incidences, many of them difficult to prove include the foreign funds that poured into Indonesia at the last presidential election, which may have subverted the vote.  This included manipulation of the voting computers, and ballots.  There is also the concerted Russian campaign in Europe and the Middles East, using hacks, bots, fake social media accounts, and more. 

Closer to our doorstep, Singapore’s concern is China.  We are not going to say it explicitly, but China has cultivated academics, reporters, and persons of influence in Singapore and the region.  We paid close attention to how the Chinese helped the Rajapaksa brothers to power, in return for control of Hambantota International Port, giving them a deep water port in the Indian Ocean, and inflaming tensions with India.  Sri Lanka was once thought to the fastest growing economy in South Asia.  Now, it has regressed.  Unchecked growth of Chinese influence on our population is detrimental to Singapore.  The Chinese consider the island a “Chinese” island due to its Chinese majority, discounting the significant non-Chinese minority. 

There is further concern that several so-called independent media outlets are funded by interests that are contrary to Singapore’s.  These independent media, including the Online Citizen, were funded by foreign interests, to fulfill a specific agenda, while masquerading as independent critics of Singapore.  Specific political parties and Opposition politicians are also thought to be clandestinely funded by foreign organisations and individuals such as George Soros’ Open Society Foundations.  These include individuals who are largely based overseas, and only come back to contest elections.  They are not the sort of people we want in our Parliament. 

The Foreign Interference Countermeasures Act (FICA) is a necessary tool to protect the independence of Singapore, and maintain the integrity of our political and judicial processes.  The average Singaporean is not aware of the extent of the counterespionage campaign that is fought in the shadows as we balance differing national interests and maintain our neutrality.



04 December, 2021

Quora Answer: Which is More Effective: Punishment or Rehabilitation?

The following is my answer to a Quora question: “Which method is more effective, punishment or rehabilitation? 

When considering the consequences for breaking the law, punishment must go along with rehabilitation.  Punishment by itself does not serve society since long incarceration is a cost upon society.  As such, it makes sense that Singapore, for example, adopts a preventive philosophy for law as opposed to a punitive one.  There is capital punishment, and the penalties for major crimes are very strict.  The intent is to discourage law breaking as opposed to punishing it after the fact.  The death penalty for crimes such as drug trafficking, murder, kidnapping and intentional firearms discharge with intent to hurt is either a massive deterrent, or it removes the perpetrators from the gene pool. 

As for everyone else, the intent is that they can be returned to society and contribute to it after their time served.  This is where rehabilitation is part of the process.  It involves counselling, the provision of life skills, and a support network after they leave to limit recidivism to the minimum.  Otherwise, we are simply returning criminals to society, with no incentive to contribute to it.  Prison should not be a revolving door.



16 November, 2021

Quora Answer: Are Political Leaders Corrupt if They Hide Assets Using Offshore Shell Companies in Tax Havens

The following is my answer to a Quora question: “Are leaders of countries corrupt if they hide assets using offshore shell companies located in tax havens? 

There is corruption in the ethical sense, and there is corruption in the legal sense; they are not necessarily the same.  An act may be ethically corrupt, but legal.  In this case, political leaders hiding assets overseas may be operating within the confines of the law, but the intent of the act is ethically corrupt.  We need to consider why they feel the need to hide assets overseas. 

In many cases, political leaders were business leaders before running for office.  In such a case, having assets overseas would make business sense, from access to markets to ease of doing business, to spreading risk, especially if the home country is unstable.  That being said, when they run for office, it is expected that they declare these assets overseas.  The only plausibly legitimate reason why they need not declare their assets is because there is an unstable political environment, where a legitimately installed government may be overthrown.  This is not something anyone in developed economies consider, but it is a real concern in places where the change of government is neither peaceful, nor strictly legal. 

In many cases, political leaders sequester funds overseas to avoid taxes, or to hide their gain from office, which is often illegal.  Any such disclosure of how they have benefited from their time in office would be politically embarrassing.  In such a case, it is both legally and ethically corrupt.  In all cases, it would make sense that they would put these assets under legal entities in low tax jurisdictions.  In addition to the tax advantages, these places also promise privacy, and a compliance regime that does not require public disclosure.



19 October, 2021

Quora Answer: How is a Foreign Drug Trafficker Executed in Singapore?

The following is my answer to a Quora question: “How is the execution carried out when a foreigner is sentenced to death for drug dealing in Singapore? 

When a person is sentenced to death, and the appeals process is exhausted, the person is hanged.  Hangings take place on Fridays, just before first light.  The Criminal Procedure Code states that the condemned is hanged until dead.  This means a person who survives a hanging, such as the unlikely occurrence that the rope breaks, will not be granted a reprieve.  Contrary to what many belief, death is not by asphyxiation, but by the breaking of the neck, due to the force of the drop.  This is instantaneous, and much more merciful.  The corpse is cut down, and a doctor will examine it, confirming death.  The body is then released to the family for burial.  The process is the same regardless of whether it is a Singaporean or a foreigner.



04 October, 2021

Quora Answer: If Somebody Supports Terrorists, are They Terrorists by Proxy?

The following is my answer to a Quora question: “If somebody supports terrorists, are they terrorists by proxy? 

Someone who supports a terrorist is either a sympathiser, enabler or active combatant.  They are all not the same.  A sympathiser is someone who aligns with the cause or the underlying reasons, such as a shared sense of disenfranchisement or oppression.  They would be the largest group, but they are often silent in their support, and only tend to express their position in close groups.  These people may either disbelieve reports of atrocities, or be ignorant of it.  They might even try to explain them away, because they are invested in the propaganda. 

The next step of support is the terrorist enabler.  He could be the person who runs a forum disseminating their views and influencing others, or the person raising funds for the group, or the person who facilitates people entering or leaving said group’s area of operation.  They are guilty of major crimes.  The final group are the active recruiters, propagandists, and are seeking to join them in atrocities, either in the area of low intensity conflict, or to open a new front at home, by perpetrating acts of terror.



03 August, 2021

Quora Answer: Is Singapore a Possible Model on Eliminate Homelessness & Containing Substance Abuse?

The following is my answer to a Quora question: “Is Singapore a possible model of how a nation can eliminate street people from cities and contain substance abuse? 

We can never truly eliminate vagrancy and indigence, or substance abuse.  What we can do is manage it, and address the conditions from which these arise.  People may find themselves homeless for a variety of reasons besides substance abuse.  One of the ways this is addressed is by ensuring that housing is provided at a huge discount, or rental at nominal costs.  It is cheaper to give someone a house than to create shelters to support the homeless.  The homeless are still homeless, and they contribute to the crime problem by being criminals or easy victims.  Homeless people are also disenfranchised from society, and have no stake in its betterment.  Part of policy is to enfranchise them so that they will contribute to the economy.  This means creating a system that houses them, addresses their medical issues, and offers opportunities for job matching and skills upgrade. 

People are a resource, and when that resource is not managed, and groups slip through the system, they are a loss to society and the economy.  If more nations saw it the way Singapore does, they would invest more into managing the issue, instead of having a homeless community.  Charity has a place, but policy needs to address economic realities as well, because we cannot depend on people’s good graces.  Altruism is not a dependable factor for running a society.  It is too arbitrary. 

Substance abuse has two main channels to be addressed: the supplier and the addicts.  From the supply side, the law is strict, with an emphasis on capital punishment and asset seizure.  The idea is that no one should profit out of the misery of others, other than the state.  Capital punishment is not just about security, but an economic exercise.  Drug trafficking robs the state of people, and turns them into a burden on society.  In Singapore, drug trafficking beyond a certain amount, according to the schedule of the Misused of Drug Act, carries the death penalty.  This has a strong deterrent factor.  Once all the appeals are done, the convicted dealer is hanged until he is dead.  This is a lot cheaper than keeping people in prison for a long custodial sentence.  Dead men do not need to be fed and sheltered on tax payer’s expense. 

From the addict side, there is an emphasis on treatment and rehabilitation, instead of pure custodial sentence.  The underlying economic and social factors need to be addressed to that addicts have a chance to get back into society, and contribute to the economic machine of the state.  People need to feel that they are part of a greater whole, and this includes the same job matching, counselling, and other programmes. 

In a society that looks at these factors from an economic perspective, these programmes make perfect sense.  It must be a society that values the collective over the individual, and frown upon wanton libertarianism, where the wants of the individual are perceived to have greater value than the needs of society.  It is a question of societal values.  This is why we are not likely to see more states addressing the issue in the manner Singapore does.



26 July, 2021

Quora Answer: What Should a Shareholder Do if He Suspects Financial Mismanagement by the Founder?

The following is my answer to a Quora question: “What legal or ethical obligations does a shareholder of a privately held startup have if he suspects financial misdoings by the founder? 

If there is any clear evidence of financial mismanagement or fraud, anybody aware of it, even the shareholder, is obligated, by law, to report it to the authorities.  Failure to do so is to be an accessory to the offence, and be liable for prosecution. 

From an ethical perspective, we have to understand that in business, reputation is everything.  You cannot be associated with anything untoward, and financial mismanagement will negatively affect your investment.  In the example above, make that report. 

From a strategic perspective, all is not necessarily lost.  You can extract some sort of concession, and exit, or you can take advantage of the situation and take over the company.



05 May, 2021

Quora Answer: Why is Money Laundering Not Done with Precious Metals so That It Would be Untraceable?

The following is my answer to a Quora question: “Why is money laundering not done with precious metals so that it would be untraceable? 

The purpose of money laundering is to place funds that have been illegally earned, either through criminal endeavour, or to evade taxes, into the system, by concealing its origins.  Precious metals are difficult to place back into the system.  The people who trade in precious metals are known to each other.  The pool of people to be traced is not a large one.  Gold laundering is a process in itself.  Unless money laundered is from the sale of illegally obtained gold, it makes no sense for someone not involved in this trade to use previous metals. 

Precious metals, especially gold, is far from untraceable.  Processed gold is tagged, and there are serial numbers and various forms of registration and documentation.  Gold ore can be traced through the minute impurities in the ore, which is like a fingerprint, and can tell us the specific region it was mined from. 

One of the considerations of money laundering is easy placement of funds into the system.  Cash and cash equivalents are the easiest to conceal due to the volume of transactions involving them.  There is no such volume of transactions for precious metals.  Large fund movements are seldom physical, but through electronic means.  That can be done with cash placed in accounts through smurfing.  This is not an option for precious metals.



10 March, 2021

Joint Accounts are No Longer Proofed against Creditors

Joint accounts are no longer safe from creditors.  However, the threshold for garnishing such accounts is high.  The creditors have to prove to the court probable cause that much of the funds in the account belongs to the debtor.  That level of burden of proof makes it difficult to get such an order.  That being said, there is precedent now.  A determined creditor has this option.  If the amount is large enough, it would make sense to allocate resources and time for a deeper process of discovery.




02 January, 2021

Quora Answer: Should Singapore Accept Amos Yee Pang Sang if His Asylum is Revoked?

The following is my answer to a Quora question: “Should Singapore accept Amos Yee Pang Sang if his asylum is revoked? 

Amos Yee Pang Sang never actually renounced his citizenship.  He absconded court judgement in Singapore, and sought political asylum in the United States.  That asylum was granted that on the basis of political persecution, despite the US government itself appealing against the decision.  They do not want that troublemaker any more than we do. 

Upon conviction, the US government has a strong legal basis to rescind that asylum, and he will be deported after serving his time in prison.  Since he is technically a Singapore citizen, Singapore will have to take him back, under international law.  He will then be charged for absconding from court, and he will spend considerable time in prison.  That means he will have to be fed and housed at tax payer’s expense.



28 November, 2020

Quora Answer: What is the Difference between Tax Evasion & Money Laundering?

The following is my answer to a Quora question: “What is the difference between tax evasion and money laundering? 

Tax evasion is merely the illegal evasion of taxes by legal persons, whether natural persons, or a corporation or trust.  This is done my misrepresenting the financial affairs of the entity or person to the authorities, or even hiding income. 

Money laundering, on the other hand, is the process of making the proceeds of illegal activities, which may include tax evasion, seem legal, by creating documentation and running the funds through various vehicles, to make it seem as if the funds were from a legitimate source. 



02 September, 2020

Quora Answer: Why Do Criminals Use Luxury Goods to Launder Money?

The following is my answer to a Quora question: “Why do criminals use luxury goods to launder money?

Money laundering is the process of legitimising the proceeds of criminal or illegal activities.  There are many methods, but they all involve the creation of transaction history.  Luxury goods are useful because of two reasons.

The first reason is that they have a high value, meaning that lesser transactions are needed to justify the existence of the funds in the placement and layering part of money laundering.  A single painting could be valued at $1 million.  How many bottles of orange juice do I have to claim to sell to put that equivalent on the books?

The second reason is that luxury goods have variable value, according to demand and scarcity, and appreciate significantly in a short period of time.  For example, that $1 million worth of bottles of orange juice will likely decrease in value with time due to depreciation, and shelf life.  That same painting could be appraised at a higher value than when it is bought.  This discrepancy in book value and appraised value can be played around with.



Quora Answer: Why are Singapore Laws Based on Guilt until Proven Innocent?

The following is my answer to a Quora question: “Why are Singapore laws based on guilt, until proven innocent?  Are lawyers required to find evidence to prove your innocence, or the police will charge you in court?

Singapore law is based, like everywhere else in the civilised world, on the presumption of innocence.  That is why the prosecution must prove guilt beyond reasonable doubt.  Normally, when a police report is made, it is the job of the police force, or the relevant investigation agency, to determine if an offence was committed.  This is the evidence gathering phase, and there are strict procedures on the acquisition and handling of evidence even here, based on the Criminal Procedure Code (Cap 68), and the Evidence Act (Cap 97).

Once, law enforcement have ascertained that an offence is committed, they may arrest the suspect, if it is a seizable offence, such as robbery.  The case is then forwarded to the Attorney General’s Chambers, and they decide whether to proceed, based on the strength of the case, against the accused.  Other options include dismissing the case, or issuing a warning.

Depending on the type and nature of the offence, it may be handled at the Magistrate’s Court, or higher, in which case, it proceeds to trial.  It is here, where the accused disputes the charge, that the onus is upon the defence to challenge the evidence presented.  They do not have to prove innocence.  They only need to introduce reasonable doubt, since the accused in presumed innocent, and it is the responsibility of the prosecution to build a strong case.



28 August, 2020

Quora Answer: Should the Global Community Sue China for the Coronavirus Epidemic?

The following is my answer to a Quora question: “Should the global community sue China for hiding the truth about the coronavirus, for spreading it across the globe, which has caused many deaths and affected the world economy?

There are a few notions that should be disabused here, since this is actually a question of sovereign and state immunity.

Firstly, China claims absolute sovereign immunity, meaning that the government, its representatives, and state actors do not recognise any suit as legitimate or enforceable.  In the context of the international community, the most likely major potential claimant would be the United States.  However, the US, like most nations, guarantee some form of state immunity in this statutes.  There has to be a major incentive, and a lot of legal manoeuvring to actually bring such a suit to court.  In the context of a legal or natural persons, where individually, or in a class action suit, I cannot see any basis where such a claim would be admissible, and be credible.

Secondly, any such case would be very weak.  The Covid-19 infections have been declared a global pandemic by the World Health Organisation.  This means any force majeure clause would be invoked.  This is a natural phenomenon.  You can no more blame China for the virus than you can blame Kansas for the tornadoes.

If the basis of the suit is China’s handling of the virus, any claim of mismanagement of containment would apply to many European nations, and the United States itself.  In fact, the US is rewriting the playbook on how to mismanage a pandemic on an epic scale.  They are not even doing a credible job of shifting the blame.  Even that claim is difficult to prove since the original epicentre had no inkling how serious it would eventually become.

Assuming some nation managed to rule in such an unlikely case against China, how are they going to bully the 2nd largest economy, and Permanent Member of the UN Security Council, in the world into paying?  What is the US going to do?  Throw a tantrum, and threaten to tweet them to death?  It is an unenforceable waste of time.


27 August, 2020

Quora Answer: Is Your Friend’s Money Deposited into Your Account Yours?

The following is my answer to a Quora question: “If someone has a friend of theirs deposit money in your account so you can hold it for them, is the money technically yours?

Ownership and possession are not the same thing, and the law distinguishes between them.  You have possession of the money, but you do not have ownership.  Should you refuse to return it, and it can be proven that ownership is not yours, then you are guilty of theft, or a related charge, depending on where you are, and how the attorney-general decides to proceed.


26 August, 2020

Quora Answer: If People are Free, Why Do Police Officers Make Their Rounds Like Prison Guards?

The following is my answer to a Quora question: “If people are free, why do police officers make their rounds around a city like prison guards?

Those two points are unrelated.  Freedom does not mean there are no police.  If police presence is not felt or made to be known, we would have crime.  When the criminals have no fear, the people are not free.

In Singapore, we have this concept called community policing.  The police do not make regular rounds.  Rather, they engage in community engagement, visiting schools, businesses in the neighbourhood, and giving talks educating the public.  This creates a bond with the community, which makes it easier to identify problems and solve crimes.  Also, we would never have a patrol of only one ethnicity.  The police should be in a position where it can interact with most of the complainants.

Foot patrols are only carried out in groups when there are large events, such as during the National Day Parade, or the Singapore Grand Prix, where there are large crowds.  They are meant to provide assurance, arrest people for petty crime, diffuse tension, and provide crowd control as needed.  They are less prison guards, and more shepherds of unruly cats.


Quora Answer: If Singapore is So Safe & Crime Free, What Do Their Policemen Do?

The following is my answer to a Quora question: “If Singapore is so safe and crime free, what do their policemen have to do all day?

The police have a lot of work to do.  It is because of that work, often unseen by the public, that keeps Singapore safe, and relatively crime free.

Every Monday, the heads of the various departments at every division and command meet to report on the crime and public safety situation.  They note trends, arrest reports, developing situations, places of interest, major events in their area, and so forth.  They also discuss the implementation of new technologies and techniques for future policing, and all the mundane matters of running a government department such as budget and manpower.  These are the “morning prayers”.

Every team, at the beginning and end of the shift, have briefings before they resume their patrol or work.  One of the things patrolmen would note would be lists of vehicles reported stolen, and they are very diligent in tracking them.  They also discuss suspects for crimes in their area, mostly mundane ones such as snatch theft or petty theft.  Investigation teams go through case reports, and assign follow-up work.  Planning teams are involved in securing the venue where VVIPs are expected to be, calling up manpower from the reservist pool for events such as international summits, and coordinating with other organs of state.

The police has a service standard for everything from seeing people at the counter, to calling complainants after each police report, to the time a case is resolved.  We are talking about hours and days, not weeks and months.  There is an incentive to solve cases quickly.

The police force engages is a tremendous amount of preventive work, to address underlying situations before they lead to criminal acts, from school and neighbourhood visits, to public engagement, to anti-crime advisories.  There are also enforcement campaigns targeting specific categories of crime, such as unlicensed moneylending to neighbourhood gang activities to shoplifting.  It is all this background work that keeps Singapore safe, and crime rates down.


25 August, 2020

Quora Answer: Hypothetically, If a World Leader was Caught Smuggling Heroin into Singapore, Could He be Executed?

The following is my answer to a Quora question: “Hypothetically, if a world leader was caught smuggling heroin into Singapore, could he be executed?

A world leader would have diplomatic immunity, if he is travelling in such a capacity.  Even if he were to be here on vacation, which is possible, he would still be extended diplomatic courtesies.  As such, how would the smuggling be uncovered?

Say, for argument’s sake, a chamber maid were to enter his hotel room, and see a mountain of heroin on the table, and she were to make a report, it is conceivable that the hotel would cover it up.  World leaders, including royalty, have come here and engaged in all manner of infidelities, and the hotels have covered it up, from drugs to prostitution.

In the event that it were to leak, the state would cover it up, and there may be a private note of protests.  If it were something more severe, such as trafficking for the purposes of distribution in Singapore, and not mere personal consumption, it would depend on which world leader, his position in government, and the nation involved.  A nation deemed more important would have more leeway.  A minor political leader would be banned, or in an extreme case, Singapore would strongly request that his diplomatic immunity, if required.

Nations do not like to be embarrassed.  There will not be any sort of trial, and spectacle.  Censure will be behind closed doors.