An honorable member of the Coffee Shop Has Just Posted the Following:
The law, thus, seems to be quite clear that Ms Han did not need to obtain a permit for her march at Hong Lim Park on 27 September, let alone having the need to apply for one.
One would also think that she wouldn’t need one for her 25th October event too.
Having said all the above, it is also clear that there seems to be a contradiction or conflict between what is stated in the Parks and Trees Act and the Public Order Act.
While the aim of the latter seems to be to make the use of Speakers’ Corner freer – without the requirement for a permit for “assemblies or processions or both therein” – the former seems to contradict this and requires one to have a permit in fact.
So, it is good that Nparks’ notice of withdrawal to Ms Han is being challenged – so that Singaporeans, and especially those who want to make use of Speakers’ Corner – will have clarity on the legal requirements for the use of the park, so that they are not confused by the arbitrary conditions set by the governing authority.
Surely, the spirit of the Government’s intention behind the relaxation of the rules for the use of Hong Lim Park must be taken into consideration.
In July last year, the court laid down that the prime minister does not have “unfettered discretion” when deciding if he should hold a by-election in a constituency where the Member of Parliament has vacated his seat.
Similarly, one would think that the commissioner of Nparks does not have unfettered discretion or powers to arbitrarily....
Click here to view the whole thread at www.sammyboy.com.
23-10-2014, 11:50 PM
Does Nparks have unfettered discretionary powers to impose bans?
