Over a week ago, I filed a constitutional challenge in the Singapore High Court against the Elected Presidency Scheme (“EPS”). This application was filed as litigant-in-person in my capacity as an ordinary citizen of Singapore. The application was served on the Attorney General. Below, I will explain the reasons for my application. Before that however, I would like to take this opportunity to thank Professor Andrew Harding who teaches law at the National University of Singapore (for his invaluable insights into the basic structure doctrine), my legal team and several international constitutional lawyers and barristers who have reached out and offered me help and support.
HERE IS THE SUMMARY OF THE LEGAL ARGUMENTS IN SUPPORT OF MY CONSTITUTIONAL CHALLENGE:
Whilst I am hopeful that the High Court and the Court of Appeal may grant my application on my constitutional challenge, I should also prepare myself for adverse cost orders to be imposed against me for filing the application. Given the amendment to the Government Proceedings Act which allows the government to claim 2 or 3 sets of cost, I will need to raise a sum of $150,000 which is an estimate of potential costs as well as filing fees plus security of costs of $20,000 and other filing fees. I will share more on funding requirements as and when I find out more.
I will be also filing an application in two weeks in the London High Court (en route to New York) as a litigant-in-person to challenge the EPS in London for a serious derogation of the commitment given to the Malays, British Indian subjects and Chinese immigrants under the Reid Commission of 1954 to the right of equality to stand for elections regardless of race, language or religion, the same of which formed part of the 1963 Constitution of the Federation of Malaya which then formed part of the Republic of Singapore Independence Act of 1965.
There was a recent positive development in the London High Court, being a challenge by the Malaysian Indians for a determination on the issue of their discriminatory treatment in Malaysia. This action was filed by my friend, who was a former Minister and a fellow Malaysian Human Rights lawyer, Waytha Moorthy Ponnusamy.
The above estimated crowdfunding will include travel, boarding and miscellaneous expenses to London for me and my assistant. I will also require the services of a legal consultancy firm in London to handle PR and travel advisory plus coordination activities with English Barrister’s etc. ( at a discounted rate ).
I am in touch with some top English barristers who are willing to assist me in court pro bono whilst I argue the application as I am quite familiar with this complex area of law coupled with the Malaysian and Singapore constitutional history which arose in the case of Vellama Marie Muthu (Right to By-Elections).
An Application will also be filed by me as litigant in person this Friday in the Kuala Lumpur High Court at 2pm for a declaration that the EPS is unconstitutional to the extent that it breaches the Federation Agreement of Malaya of 1963 that the Malays would be granted special status to protect the Malay community and that all races would be treated equally under the fresh constitution of Singapore.
The above application is premised on the basis that had Malaysia and Tengku Abdul Rahman (the then Malaysian Prime Minister) known that equality of treatment for all races would be denied, Malaysia would not have granted independence to Singapore.
Please be clear that I’m doing this as part of my national service to the nation as it is my duty to defend the Constitution of the Republic of Singapore and I am doing this entirely pro bono just like the past constitutional applications with lots of love for my country and my people of Singapore.
Soon, I will be providing more information on the set up of my crowdfunding campaign and where and how you can donate and support. Any small or large help will be immensely beneficial. Contact me at email@example.com to find out more.