mollymeek ([info]mollymeek) wrote,
@ 2009-01-04 01:58:00
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Forbidden Questions, Or:Tactics of Persuasive Denial
Forbidden questions are a subject of interest to the bimbotic and curious because the ultimate question, one not exactly forbidden, is how you could possibly forbid a question without violating your own rule, i.e. to present the question (even if obliquely) in an articulation so that you can indicate that it is forbidden. It is a case where the statement of the law carries with it its own violation, though not necessarily for subversive effects for it reinforces the position of Power on which the speaker of the law stands.

Furthermore, there is a necessity of repetition when the fact of forbiddance is not merely a statement of the law, but an interpretation of the law. In order too disseminate the interpretation, you would have to repeatedly state the interpretation, i.e. to repeatedly raise the forbidden question, if only to inscribe the fact of its forbiddance.

In short, by stating the unquestionability of the unquestionable, is there not the inevitability of raising the (un)questionable itself? And yet, to institute the unquestionable as unquestionable, it is necessary to state its unquestionability. Could the performativity of the law (and I am and have been using the term generically rather than to refer to the specific domain of the juridical) possibly consume itself?

Already, we often bear witness to a common tactic of inscribing the law of unquestionability, coercive reassurance. The claim that we are transparent but we cannot reveal certain facts of our existence (for instance the amount of reserves the country has) for valorized ideals like national security is a statement of coercive reassurance. The statement that state institutions have committed no wrongdoings because the investigation by the state has found no wrongdoings (though investigations are often dispensed with). These are ostensible reassurances that obviously assure none but those with an unusually high degree of naivety (a virtue enough to ensure one's political salvation in this country). They do not, in other words, reassure, but coercively mark the end of dialogue (if there was ever any to begin with).

Dr. Teo Ho Pin, the coordinating chairman of PAP Town Councils seems to have caught the fever of reassurance when he stated:

We wish to reassure our residents that we are financially secure.

. . . We wish to reassure our residents that their estate will be well looked after, and that there are sufficient funds for the proper maintenance of their town, both now and in the longer term.

The management of funds by PAP Town Councils is not questionable. The reassurance raises the question to end the question. Not everyone, of course, is in a position to concretize unquestionability. No god would bestow upon Low Thia Khiang and Chiam See Tong could pray for such powers of coercion-reassurance.

Yet, the coercive reassurance is not infallible. It has been stated, so often that I have forgotten, that there is the rule of the law in Singapore. But people continue to question.

When coercive reassurance fails, such as when Gopalan Nair insulted judges, and when people wearing kangaroo T-shirts questioned perhaps not only the existence of the rule of the law but what the law is in the first place, reassurance has given way to punitive measures followed by oblique threats to the general populace. The forbidden question raised in such incidents as the kangaroo saga or the IBA report must not be repeated, other than through the performative of the fact of forbiddance.

Chief Justice Chan Sek Keong has reminded Singaporeans that justice can only be rendered according to the Law and the Courts' authority must be respected by all.

. . . He warned that the law will not tolerate any attempt by anyone to undermine public confidence in the courts by making false and scandalous allegations. (
CNA report)

False and scandalous?  Who determines what the truth is? If Molly had the power, she would make it scandalous to suggest that she is any older than 18 or that she would ever be. . . . But dare I ask? Or perhaps I do not have to ask. For the forbidden question is asked each time the fact of its forbiddance, the unquestionability of the unquestionable, is repeated. And that has been happening quite often. What, after all, made the kangaroo T-shirt an icon oblierated in physical space but carved into mental spaces instead of being conveniently forgotten.

There is a kind of power in the form of a monster that will feed on itself after it has swallowed everything else. Except . . . it might also give birth to a greater beast through the act of self-consumption. A fearsome beast generated by destruction.

Update: Read also: Forbidden Questions Redux: Learning to Shut Up
.............................

Chief Justice Chan says justice can only be rendered according to law

SINGAPORE: Chief Justice Chan Sek Keong has reminded Singaporeans that justice can only be rendered according to the Law and the Courts' authority must be respected by all. 

Opening the New Legal Year at the Supreme Court on Saturday, he stressed that this was fundamental and critical to the rule of law and the just and proper governance of the country.

He warned that the law will not tolerate any attempt by anyone to undermine public confidence in the courts by making false and scandalous allegations. 

Chief Justice Chan lauded the efforts by the Attorney General last year in upholding the authority of the Courts in the face of various attacks against the Judiciary. 

The Chief Justice also reminded the legal fraternity that the global recession will cause economic and social hardship to millions of people all over the world and Singapore will not be spared. 

He said the Courts can expect an increase in filings in the coming months and they are ready to deal with them. 

The Chief Justice also said he expects lawyers and the legal service to play their part in managing the caseloads in a timely manner.





(10 comments) - (Post a new comment)


(Anonymous)
2009-01-04 09:33 am UTC (link)
Isn't this Chan Sek Keong the same clowns who abuse the law and twist the rule of law to his master's liking so to secure a promising and monetary future ? Isn't this clown create his own "truth" to glorify his master's misdeed ?
Oh yeah, the truth is PAP's truth, and no other truth in the world !

Molly,
if one day, if the rapist rape a cat, and if the rapist turn to be a eliteman, he will not be guilty at all because how can a rapist guilty of raping a cat when he already performed the act ! Surreal ? Then Singaporean need to wake up to see how the Rule Of Lee works, Continue reading. The Rule of Lee, can be twisted and turned to their liking as long as it supported the political agenda and interest and cover-up. And because of this, I'm sure everyone will agree that "law will not tolerate any attempt by anyone to undermine public confidence in the courts by making false and scandalous allegations" because it is a Kangaroo court run by kangaroo judges protected by kangaroo laws and kangaroo juridistion ! No wonder, it is contempt to expose the truth of scandalous fact of PAP !


To think those clowns think that their past misdeeds and evil actions will be forgotten and forgiven, these clowns must be dreaming ! The internet hold their past misdeed that will be forever remember as the rise of the Kangaroo Kingdom of PayAndPay regime.

From http://newsgroups.derkeiler.com/Archive/Soc/soc.culture.singapore/2006-05/msg00220.html

Did you know that a robber does not commit an offence if he is inside a bank
while trying to rob? Because there are enough securities and personnel
inside to thwart off any attack. The chance of the bank being robbed is
extremely remote. Therefore any robbers inside any banks are legal and are
not considered as robbers. But if they are caught just outside and within
200 metre around the vicinity of any bank premises then it would be illegal.
It is be a different story altogether........;);)

"MrTan" <mrtan@xxxxxxxxxxxxxx> wrote in message
news:1146468410.960537.166190@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
This was the reply from Attorney General Chan Sek Keong who is now the
Chief Justice. Tell me my fellow Singaporeans, what is justice ?


=================================================================
Part 1:
Proceed to Part 2 as MOlly Cat doesn't allow longer entry as a cat has limited span.

(Reply to this)


(Anonymous)
2009-01-04 09:35 am UTC (link)
Part 2:============
From http://newsgroups.derkeiler.com/Archive/Soc/soc.culture.singapore/2006-05/msg00220.html

Welcome to the world of Kangaroo !

21 Jul 97

Prof S Jayakumar
Minister for Law

PRESENCE OF UNAUTHORISED PERSONS INSIDE POLLING STATIONS

On 14 July l997, THE Workers' Party issued a press release expressing
"amazement" that the public prosecutor had advised police that no
offence was disclosed in the reports made by it leaders against the
prime minister, the two deputy prime ministers and Dr S Vasoo that they
had been present inside polling stations when they were not candidates
for the relevant constituencies. The Workers' Party queried why such
conduct was not an offence under paragraph (d) or (e) of section 82(1)
of the Parliamentary Elections Act.

2. On 15 July 1997, the Singapore Democratic Party also called on the
attorney general to explain his "truly befuddling" decision and to
state clearly if it was an offence for unauthorised persons to enter
polling stations.

3. You have asked me for my formal opinion on the question raised in
these two statements. My opinion is set out below.

Opinion

4. The question is whether it is an offence under the Parliamentary
Elections Act for an unauthorised person to enter and be present in a
polling station.

5. For this purpose, the authorised persons are the candidates, the
polling agent or agents of each candidate, the Returning Officer, and
persons authorised in writing by the returning officer, the police
officers on duty and other persons officially employed at the polling
station; see section 39 (4) of the Act (quoted below)

Activities Outside Polling Stations

6. The relevant sections of the Parliamentary Elections Act to be
considered are sections 82 (1)(d) and 82 (1)(e). These provisions were
enacted m 1959 pursuant to the Report of the Commission of Inquiry into
Corrupt, Illegal or Undesirable Practices at Elections, Cmd 7 of 1968
(hereinafter called "the Elias Report)"

7. Section 82 (1)(d) provides that - "No person shall wait outside any
polling station on polling day, except for the purpose of gaining entry
to the polling station to cast his vote".

8. Plainly, persons found waiting inside the polling stations do not
come within the ambit of this section. Similarly, those who enter or
have entered the polling station cannot be said to be waiting outside
it. Only those who wait outside the polling station commit an offence
under this section unless they are waiting to enter the polling station
to cast their votes.

9. Section 82 (1)(e) provides that -

"No person shall loiter in any street or public place within a radius
of 200 metres of any polling station on polling day."

10. The relevant question is whether any person who is inside a polling
station can be sad to be "within a radius of 200 metres of any polling
station". The answer to this question will also answer any question on
loitering inside a polling station.

11. Plainly, a person inside a polling station cannot be said to be
within a radius of 200 metres of a polling station. A polling station
must have adequate space for the voting to be carried out. Any space
has a perimeter. The words "within a radius of 200 metres" ' therefore
mean "200 metres from the perimeter of" any polling station. This point
is illustrated in the diagrams in the Appendix. (Editor's note:
Diagrams not available).

12. The above interpretation is fortified by the context of the
provision. The polling station, as a place, is distinguished from a
street or public place. It is not a street or a public place. Hence,
being inside a polling station cannot amount to being in a street or in
a public place. By parity of reasoning, loitering in a street or public
place cannot possibly include loitering in the polling station itself
and vice versa.

13. There is no ambiguity in section 82 (1)(e). If the legislature had
intended to make it an offence for unauthorised persons to wait or
loiter inside a polling station, it could have easily provided for it.
It did not. The mischief that section 82 (1)(e) is intended to address
is found in paragraph 99 of the Elias Report. It reads:

Proceed to Part 3

(Reply to this)


(Anonymous)
2009-01-04 09:37 am UTC (link)
Part 3 - The final Kangaroo law
=========================

"In order to prevent voters being made subject to my form of undue
influence or harassment at the approaches to polling stations, we
recommend that it should be made an offence for any person to establish
any desk or table near the entrance to any polling station, or to wait
outside any polling station on polling day except for the purpose of
gaining entry into the polling station to cast his vote; and that it
should be an offence for any person to loiter in any street or public
place within a radius of 200 yards of any polling station on polling
day ."

14 . Paragraph 99 of the Elias Report appears under the heading
"Activity OUTSIDE POLLING STATIONS". The Commission of Inquiry was
addressing the possibility of voters being subject to undue influence
and harassment as they approach the polling stations. There is
therefore no doubt whatever that this provision was never intended to
cover any activity inside the polling station as there would be
officials and election agents in attendance.

15. The legislative history makes the provision so clear that it is not
even necessary to consider the application of an established principle
of interpretation that any ambiguity in a penal provision should,
whenever possible, be resolved favour of the accused.

Activities Inside Polling Stations

16 Activities inside polling stations were made subject to a different
regime under the Act. Section 39(4) provides that -

"the presiding officer shall keep order in his station and shall
regulate the number of voters to be admitted a time, and shall exclude
all other persons except the polling agent or agents of each candidate,
the Returning Officer and persons authorised in writing by the
Returning Officer, the police officers on duty and other persons
officially employed at the polling station."

17. Under section 39(7), any person who misconducts himself in the
polling station, or fails to obey the lawful orders of the presiding
officer may be removed from the polling station by a police officer
acting under the orders of the presiding officer. If an unauthorised
person refuses to leave the polling station when told to do so by the
public officer, he commits an offence under section 186 of the Penal
Code for obstructing a public servant in the discharge of his duty.

18. There is a consistency in the rationales of the regulatory schemes
governing activities inside and those outside polling stations on
election day. Waiting outside a polling station is made an offence
because it gives rise to opportunities to influence or intimidate
voters: see paragraph 99 of the Elias Report. Hence, the Act has
provided a safety zone which stretches outwards for 200 metres from the
polling station. In contrast, the possibility of a person inside a
polling station influencing or intimidating voters in the presence of
the presiding officer and his officials, the polling agents etc was
considered so remote that it was discounted by the Act.

19. I therefore confirm my opinion that the Parliamentary Elections Act
does not provide for any offence of unauthorised entry into or presence
within a polling station. Accordingly, those unauthorised persons who
only wait or loiter inside a polling station on polling day do not
commit any offence under the Act.

20. You are at liberty to publish this opinion.

Signed:
Chan Sek Keong
Attorney General

(Reply to this) (Thread)


[info]mollymeek
2009-01-04 12:40 pm UTC (link)
You cannot anyhow say he twisted the law! It is a false allegation. He was acting according to the law. You might want the law changed, but please don't protest in the streets to change the law. Stand for elections and try to get the law changed.

(Reply to this) (Parent)(Thread)


(Anonymous)
2009-01-05 11:50 am UTC (link)
Molly,
this judge is misusing the kangaroo law ! He is unfit to use the kangaroo law because he is not born a kangaroo ! Where is his tail and why is he walking and not hopping like real kangaroo ? How can he behave kangarooly without being a kangaroo ? Why is he not encaged in Mandai Zoo ?

(Reply to this) (Parent)(Thread)


[info]mollymeek
2009-01-05 12:52 pm UTC (link)
He's not a kangaroo.

Kangaroos are cute.

(Reply to this) (Parent)


(Anonymous)
2009-01-04 10:24 am UTC (link)
Chief Justice said, "... the law will not tolerate any attempt by anyone to undermine public confidence in the courts by making false and scandalous allegations."

Hmm... The law will not do this, the law will not do that...

Why do people personify the law this way? Are they retarded?

Robert L

(Reply to this) (Thread)


[info]mollymeek
2009-01-04 12:41 pm UTC (link)
Don't know. Maybe they are being literary.

(Reply to this) (Parent)

Justice?
(Anonymous)
2009-01-05 12:30 pm UTC (link)
Justice without Freedom is only a puppet that can be manipulated to agree with the puppeteer.
Any monkey(or is it dog?) can be the puppeteer so long as they were paid peanuts.
btw Kangaroo == "I don't know" in Australia's native tongue.
I hope I did not offend any animals( canines, marsupials and primates) with this comment. Felines are Cute :)

Onlooker

(Reply to this) (Thread)

Re: Justice?
[info]mollymeek
2009-01-05 12:55 pm UTC (link)
When will Pinocchio become a real boy?

(Reply to this) (Parent)


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