medp1128: My response to police advice against my protest scheduled for Nov 23

From: Yan Jun

Sent: Thursday, 23 November, 2017 09:40
To: 'Chun Meng CHIONH (SPF)' <CHIONH_Chun_Meng@spf.gov.sg>
Cc: 'AGC (AGC@agc.gov.sg)' <AGC@agc.gov.sg>
Subject: RE: Advice against protest at Raffles Place MRT station on 23 November 2017

Dear Chionh Chun Meng Eric,

1. I refer to your email dated November 22, 2017.

2. I do not accept your justification. You argument would be valid now if the police hadn’t issued the prohibition order in 2016. It is evident that now I am not in a position to apply to the police for a protest permit.

3. While you explained that “you have not made an application for a Police permit, Sec 8 and Sec 11 of the Public Order Act are not applicable”, it is a fact that the police had already issued a prohibition order to stop me from protesting in any public area. Please see Para 6 of my email below.

4. In this situation, the Minister for home affairs has a duty to justify the legality of the prohibition order. On Feb 29, 2016, I wrote to the then Attorney-General VK Rajah for justifications for police’s decision to reject my permit application. While I copied that email to Mr. K Shanmugam, I have received any reply at all. Please check with the Minister for Home Affairs and the AGC for details.

5. My protest will be carried out as scheduled.

6. I will exercise my right to silence after the arrest. Please charge me in the High Court because the State Courts have limited authorities to deal with constitutional argument. See PP v Yan Jun (MAC No. 903277 &903278 of 2016) in Para 19-21.

7. In addition, don’t forget to charge me with Contempt of Court and Defamation if you think Singapore’s legal system is fair.

8. Thank you.

Regards,

Yan Jun

From: Chun Meng CHIONH (SPF) [mailto:CHIONH_Chun_Meng@spf.gov.sg]
Sent: Wednesday, 22 November, 2017 23:07
To: Yan Jun <medp1128@hotmail.com>
Subject: RE: Advice against protest at Raffles Place MRT station on 23 November 2017

Message Classification: Restricted

Dear Sir,

We refer to your reply dated 19 Nov 2017.

2 Police’s email of 18 Nov 2017 is not a direction under Sec 8(4) of the Public Order Act, Cap 257A. Sec 8 applies only to conditions specified in granted permits. Moreover, Sec 11 only gives a person a right to appeal to the Minister against the Commissioner’s decision to refuse to grant a permit, to cancel a permit or to impose any particular condition on a permit. Since you have not made an application for a Police permit, Sec 8 and Sec 11 of the Public Order Act are not applicable.

3 Police’s email of 18 Nov 2017 is a reminder to you not to commit offences under the Public Order Act. We would like to once again remind you that organising or taking part in an assembly or procession without a Police permit are offences under the Public Order Act.

ASP(2) Chionh Chun Meng Eric

Operations Officer (Management), Ops Management

Operations Branch, Central Division

Singapore Police Force

DID: (65) 6557 5605 | FAX: (65) 6557 5115

A Member of the Home Team – Keeping Singapore Safe and Secure

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From: Yan Jun [mailto:medp1128@hotmail.com]
Sent: Sunday, 19 November 2017 11:50 AM
To: Chun Meng CHIONH (SPF) <CHIONH_Chun_Meng@spf.gov.sg>
Cc: MHA K Shanmugam (MHA) <k_shanmugam@mha.gov.sg>; AGC (AGC) <AGC@agc.gov.sg>; Lian He Wan Bao (wanbao@sph.com.sg) <wanbao@sph.com.sg>; news@theindependent.sg; Online Citizen (Singapore) (theonlinecitizen@gmail.com) <theonlinecitizen@gmail.com>; Shin Min Daily (shinmin@sph.com.sg) <shinmin@sph.com.sg>; Straits Times (stforum@sph.com.sg) <stforum@sph.com.sg>; Today (voices@mediacorp.com.sg) <voices@mediacorp.com.sg>; Zao Bao (zblocal@sph.com.sg) <zblocal@sph.com.sg>; Hong Kong Journalists Association (hkja@hkja.org.hk) <hkja@hkja.org.hk>; Ming Pao (mingpao@mingpao.com) <mingpao@mingpao.com>; Oriental Daily News (news@odn.on.cc) <news@odn.on.cc>; SCMP (letters@scmp.com) <letters@scmp.com>; Singtao Daily (localnews@singtao.com) <localnews@singtao.com>; The Standard (editor@thestandard.com.hk) <editor@thestandard.com.hk>; Taipei Times (letters@taipeitimes.com) <letters@taipeitimes.com>; Taiwan news (service@taiwannews.com.tw) <service@taiwannews.com.tw>; The China Post (webmaster@mail.chinapost.com.tw) <webmaster@mail.chinapost.com.tw>; United Daily News (newspro@udn.com) <newspro@udn.com>; 'Apple Daily' <news@appledaily.com.tw>; Asia times <special@atimes.com>; Jon Fasman (Economists) <jonfasman@economist.com>; Keith Bradsher (New York Times) <kebrad@nytimes.com>; 'Linus Chua (Bloomberg)' <lchua@bloomberg.net>; Patrick McDowell (The Wall Street Journal) <patrick.mcdowell@dowjones.com>; 'Philip Bowring (The South China Morning Post)' <philip@bowring.net>; 'Reporters Without Borders (RWB)' <asia@rsf.org>; Rico Hizon (BBC) <ricohizon@gmail.com>; Roberto Coloma (Agence France-Presse) <Roberto.Coloma@afp.com>; 'Seiff Abby (Freelance Corrrespondent)' <aseiff@gmail.com>; 'The Huffington Post' <scoop@huffingtonpost.com>
Subject: RE: Advice against protest at Raffles Place MRT station on 23 November 2017

Dear Officer Chionh Chun Meng Eric,

1. I refer to your email dated November 18, 2017.

2. In this email, you advised me not to hold my protest scheduled for November 23, 2017 outside Raffles Place MRT station. However, I will protest as scheduled in support of my email dated November 7 to PM Lee Hsien Loong. Please check my November 7 email for why I have no intention of applying for a protest permit.

The flaw in your advice

3. In paragraph 3 of your email, you pointed out that the punishment for repeated offenders who take part in an assembly is a fine not exceeding $5,000, pursuant to s16(3)(b) of the Public Order Act (POA).

4. I am the sole organizer of all my protests so pursuant to s16(3)(a) of the POA, the punishment can be easily escalated to “a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both”.

My response to your advice/direction

5. It is evident to me that your email serves as “direction of the senior police officer given under s8(4)”. As a result, the police can lawfully charge me in court under 16(4) of the POA, or “A person organising or taking part in an assembly or a procession who knowingly fails to comply with any direction of the senior police officer given under s8(4) shall be guilty of an offence and shall be liable on conviction a fine not exceeding $10,000 (for organisers), or $5,000 (for protestors)”.

6. Pursuant to s11(1) of the POA, a protestor has a right to appeal to the Minister if he is aggrieved by the Commissioner’s decision. Now I appeal against your direction by forwarding this letter to the Minister for Home Affairs K Shanmugam. I request Mr. K Shanmugam to justify the prohibition order issued by the police in 2016 to stop me from protesting in any public place (See here, Para 35).

7. I will continue my protest until my allegations of judicial corruption and the Terrex conspiracy are settled in public. My passport expired on May 9, 2017 and on November 11, 2017, I submitted my application for renewal to the immigration authorities. Please let me know if I am banned from travelling overseas.

My legal positon

8. Under the current government, Singapore’s legal system is totally corrupt. In addition, both PM Lee Hsien Loong and Mr. K Shanmugam are corrupt because they have deliberately failed to discharge their duty to preserve, protect and defend the Constitution according to law and to the best of his knowledge and ability.

9. Please let me know the Minister’s decision in respect of my appeal before my protest. Just a gentle reminder, the Minister will be at fault if he doesn’t respond to my appeal on time.

10. Thank you.

Regards

Yan Jun

(S7684361I)

From: Chun Meng CHIONH (SPF) [mailto:CHIONH_Chun_Meng@spf.gov.sg]
Sent: Saturday, 18 November, 2017 21:10
To: medp1128@hotmail.com
Subject: Advice against protest at Raffles Place MRT station on 23 November 2017

Message Classification: Restricted

Dear Sir,

We refer to your email dated 7 November 2017.

2. You have stated your intention to stage a protest outside Raffles Place MRT station on 23 November 2017 at 12 noon. We would like to remind you that organising or taking part in an assembly or procession without a Police permit are offences under the Public Order Act.

3. You have previously been convicted for offences of taking part in a public assembly without a Police permit. We would like to highlight that a repeat offender who takes part in an assembly or procession without a Police permit would be liable on conviction to a fine not exceeding $5,000.

Yours faithfully,