Dear FJC,
SUM No:
MSS 4686/2014, EMO 2062/2014
1. I
refer to the Enforcement Maintenance order EMO 2062/2014 made by Her Honor
DJ on 12 December 2014. I received it today.
2. I
do not accept this order. The only reason I hasn't appeal against it is
my difficulties in financing appeals.
Disregard
of the facts
3. In
my opinion, Her Honor has completely discarded both parties’ financial
situations. While the husband was
without employment in half of his marriage or so, the wife has been working as a
nurse since 2005. Her Honor dismissed my
application to vary the maintenance order on the ground that she was unable to
vary it because it was affirmed by a Honorable Justice. It is
evident that Her Honor’ ground contradicts s 72(1) of the Women’s charter that
72.—(1) On the
application of any person receiving or ordered to pay a monthly allowance under
this Part and on proof of a change in the circumstances of that person, his
wife or child, or for other good cause being shown to the satisfaction of
the court, the court by which the order was made may rescind the order or
may vary it as it thinks fit.
Incorrect
interpretation of jurisdiction
4. Her
Honor’s reasoning that a DJ has no power to overrule a decision made by a High
Court Judge is incorrect. In Palvit Singh
v Sarawan Kaur [1990] 1 MLJ lvii, Magistrate Daniel Koh distinguished the
state of law in 1990 and overruled the
decision made by Wee Chong Jin CJ in Quek
Ah Chian v Ng Guan Chng [1968] 1 M.L.J. 255 (See Elements of Family Law in
Singapore, by Leong Wai Kum, 1st Ed, 2007, at page 475, Para 2)
Violation
of my due process right
5. While Her Honor put me under examined on oath by the Madam L, Her Honor refused to let me
cross-examined Madam L. I believe that there is no way to explain such an
violation of a constitutional right of equality before law. As such, the
violation of procedural fairness in the hearing guarantees a judicial
review.
My claims
6. First,
I expressly reserve my right to initiate disciplinary tribunal proceedings
against Her Honor for her unilateral “cross-examination” under s82A(5) of legal
professional act.
7. Second,
I reserve my right to appeal against all orders made by Her Honor on 12 December 2014 after my financial situation gets better. This email
severs as evidence to show the reason why I didn't file appeal 14 days after
the order was made.
How
correct my reasoning can be?
8. I
brought a case against Attorney-General on last year and my appeal was
dismissed by a High Court Judge (See [2013]
SGHC 245) and by the Court of Appeal (See 2014
[SGCA] 60).
9. 5
days later (3 December), I sent to the Court “The
Appellant’s comments on the Judgment” and reasoned the judgment as “seriously
flawed”). On 15 December, the Court replied that “Please be informed that the contents of the email and the attachment
have been placed before the Court. The Court will not be responding to the
comments found in the attachment”. I pasted The
Appellant’s comments on the Judgment for the purpose of this letter.
10. I
request the court to pay attention Her Honor’s conduct. I request the FJC to acknowledge
the receipt of this letter.
11. Thank
you.
Regards,
YJ
