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Chan Hiang Leng Colin v Public Prosecutor

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Chan Hiang Leng Colin v Public Prosecutor
The Old Supreme Court Building, photographed in April 2007
CourtCourt of Appeal of Singapore
Full case nameChng Suan Tze v. Minister for Home Affairs and others and other appeals
Decided8 December 1988
Citation[1988] 2 S.L.R.(R.) 525
Case history
Prior actionsDe Souza Kevin Desmond v. Minister for Home Affairs [1988] 1 S.L.R.(R.) 464, H.C.; Teo Soh Lung v. Minister for Home Affairs [1988] 2 S.L.R.(R.) 30, H.C.
Related actionsTeo Soh Lung v. Minister for Home Affairs [1989] 1 S.L.R.(R) 461, H.C.; [1990] 1 S.L.R.(R) 347, C.A.; Cheng Vincent v. Minister for Home Affairs [1990] 1 S.L.R.(R.) 38, H.C.
Court membership
Judges sittingWee Chong Jin C.J., L.P. Thean and Chan Sek Keong JJ.
Case opinions
Exercise of discretion by President and Minister for Home Affairs under ss. 8 and 10 of the Internal Security Act subject to judicial review by a court as an objective rather than subjective test applies.

The case of Colin Chan Hiang Leng Colin v Public Prosecutorwas a high court case that dealt mainly with the constitutional issue of a court able to restrict a party's fundamental liberties when it comes into conflict with public interests. In this case, the court restricted the appellant (Colin's)freedom of religion with the aim of achieving public interest aims.

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FACTS

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JUDGEMENT

summary of court judgement


ISSUES

Whether the High Court could hear Constitutional law issues

Whether Order 179/123 was unconstitutional and ultra vires

Whether Order 123 was ultra vires the UPA or invalid

Whether Order 123 was unreasonable and disproportionate

Whether there was a breach of natural justice

Whether the orders were disproportionate to the interests of the state

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SUMMARY

statist conclusion.

See also

Notes

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Further reading

Articles and websites

Books

  • Chan, Helena H[ui-]M[eng] (1995), "The Judiciary", The Legal System of Singapore, Singapore: Butterworths Asia, pp. 41–68, ISBN 978-0-409-99789-7 (pbk.) {{citation}}: Check |isbn= value: invalid character (help).
  • Kwek, Mean Luck [et al.], eds. (2006), Hall of Justice: Supreme Court Singapore, Singapore: Supreme Court of Singapore, ISBN 978-981-05-5356-2 {{citation}}: |first= has generic name (help)CS1 maint: multiple names: authors list (link).
  • Tan, Kevin Y[ew] L[ee] (2011), "Without Fear or Favour: The Judiciary", An Introduction to Singapore's Constitution (rev. ed.), Singapore: Talisman Publishing, pp. 107–131, ISBN 978-981-08-6456-9 (pbk.).
  • Tan, Kevin Y[ew] L[ee]; Thio, Li-ann (2010), "The Judiciary", Constitutional Law in Malaysia and Singapore (3rd ed.), Singapore: LexisNexis, pp. 505–630, ISBN 978-981-236-795-2 (hbk.).
  • Thian, Yee Sze; Chong, Chin Chin; Lim, Sharon (2002), In Session: Supreme Court Singapore: The Building, her Heritage and her People, Singapore: Supreme Court of Singapore, ISBN 978-981-047-671-7.

External links