US embassy cable - 05SINGAPORE3489

C O N F I D E N T I A L SECTION 01 OF 02 SINGAPORE 003489 
 
SIPDIS 
 
E.O. 12958: DECL: 12/13/2015 
TAGS: PGOV, PHUM, KJUS, KCRM, SN 
SUBJECT: NO MIRANDA IN SINGAPORE: RIGHT TO COUNSEL 
 
 
Classified By: E/P Counselor Laurent Charbonnet for Reasons 1.4(b)/(d) 
 
1. (U) Summary: While Singapore is proud of its tough, 
law-and-order reputation, legal circles are actively 
discussing liberalizing a criminal defendant's right to 
counsel and the government-linked media is covering the 
debate. Under current practice, the police may detain a 
person for two weeks or longer before granting access to 
counsel.  While it is highly unlikely that the GOS soon will 
make a major change to its fundamental approach, members of 
the Law Society hope that the GOS will modify police 
procedure in "non-sensitive" cases.   End Summary. 
 
The Current Situation 
--------------------- 
 
2. (U) Singapore's legal system provides for basic judicial 
protections, but frequently under significant limitations. 
The Singapore Constitution guarantees the right to counsel, 
but only "as soon as may be" practicable.  The courts have 
interpreted this to mean up to two weeks or longer after 
initial detention. Police have little incentive to change 
their policies because unfettered access to the accused makes 
it easier for them to secure corroborating evidence, build 
cases, and secure confessions. Deputy Prime Minister and 
Minister for Home Affairs Wong Kan Seng told Parliament on 
October 18 that accused persons are denied immediate access 
to their lawyers to avoid "compromising" police 
investigations. 
 
Public Opinion 
-------------- 
 
3. (U) A Straits Times (ST) op-ed unapologetically claimed 
that Singapore's criminal justice system should continue to 
value efficiency over fairness to the accused, even if it 
results in innocent people being punished.  The ST also, 
however, published an informal poll indicating that 91 
percent of Singaporeans believe an accused person should be 
granted immediate access to legal counsel.  One prominent 
criminal defense attorney commented to us that most 
Singaporeans believe that they already have the immediate 
right to counsel--the lawyer claimed that many of his clients 
are shocked to find this is not the case. 
 
The Push for Change 
------------------- 
 
4. (C) The two leading legal organizations in Singapore agree 
on the desirability of reform, but are approaching the issue 
differently.  The Association of Criminal Lawyers in 
Singapore (self-registered under the Societies Act) has tried 
to raise public awareness of the issue, and a few 
high-profile cases have garnered significant media coverage. 
The Law Society (established by statute) has been working 
quietly behind the scenes with policy makers.  Law Society 
President Philip Jeyaretnam (son of veteran opposition 
politician J.B. Jeyaretnam) told us the Law Society had met 
earlier this year with both Deputy Prime Minister Wong 
(concurrently Minister of Home Affairs, which oversees the 
police) and Deputy Prime Minister Jayakumar (concurrently 
Minister for Law).  The Law Society discussed expediting 
access to counsel and asked permission to submit a paper on 
this issue to the Ministry of Law.  (Note: Due to a political 
dispute in the 1980's, the Law Society is limited by statute 
to commenting on legal issues only when the GOS asks it to do 
so, and then only when the issue directly affects the legal 
profession.  End Note.)  Jayakumar agreed to accept the 
paper, which the Law Society submitted in September, but the 
GOS has not yet responded. 
 
The Likelihood of Change 
------------------------ 
 
5. (C) The Law Society believes that the GOS is actively 
considering improvements to the rights of the accused.  The 
Society does not believe that Deputy Prime Minister Wong's 
statements in Parliament were either the final position of 
the GOS or a prejudgment on the Law Society's paper. 
However, Jeyaretnam acknowledged that the GOS was highly 
unlikely, in the short term, to liberalize right to counsel 
through fundamental constitutional or legislative change. 
Jeyaretnam commented that Minister Mentor Lee Kuan Yew would 
have to approve such a change, and his strongly held view 
that not even one guilty man should go free was well-known. 
Jeyaretnam also acknowledged that Deputy Prime Minister Wong 
is widely known as a tough, law-and-order proponent, who 
emphasizes efficiency. 
 
6. (C) Members of the Law Society have proposed that one 
possible mechanism for reform might be an unlegislated change 
in police procedure, which Deputy Prime Minister Wong might 
be persuaded to adopt if public pressure to do so grows.  The 
GOS could compromise by carving out certain "non-sensitive" 
cases and allowing faster access to counsel in these cases. 
The Law Society has advocated this approach as a fall-back 
position, which would allow the GOS to maintain its current 
practices in "sensitive" cases such as narcotics or 
terrorism. Most people in the legal profession support the 
Law Society's position, claimed Jeyaretnam, and public 
sentiment is in favor of reforming aspects of the criminal 
justice system. 
 
Comment 
------- 
 
7. (C) Jeyaretnam's father was an opposition MP who was 
bankrupted for defamation and expelled from Parliament. 
Jeyaretnam has opted to operate within Singapore's "out of 
bounds" markers and promote change from inside the elite. 
The Law Society also includes a number of prominent ruling 
party MP's, so its positions tend to be well within the 
mainstream.  While change and liberalization in Singapore are 
always deliberate and incremental, Jeyaretnam is right that 
the public is increasingly aware of the rights enjoyed in 
other countries and will slowly increase pressure to change. 
End Comment. 
HERBOLD