SECRET SOCIETY GANGSTERS AND DRUG TRAFFICKERS (Detention without trial)

Mr Yeo Choo Kok asked the Minister for Home Affairs whether the laws providing for detention without trial of secret society gangsters and drug traffickers have had the desired deterrent effect.

Prof. Jayakumar (for the Minister for Home Affairs): Mr Speaker, Sir, the Member for Delta is referring to the detention of secret society gangsters and drug traffickers under the Criminal Law (Temporary Provisions) Act. Under this legislation, where the Minister is satisfied that a person has been associated with activities of a criminal nature, he may, with the consent of the Public Prosecutor, order the detention of that person if he is satisfied that it is necessary that such person be detained in the interests of public safety, peace and good order. As of 15th February 1982, there were 1,019 criminal law detainees. Of this number, 541 were detained for secret society and other criminal activities and 478 for drug trafficking activities.

The Act was implemented in the late 1950s when secret society activities were rampant. Those were the days when it was not safe to walk on the streets because of secret society activities which included gang clashes, killings and murders. The number of reported secret society activities and incidents in 1959 was as high as 416.

The normal judicial proceedings which assume that there will be witnesses who will be willing to come forth and give evidence, proved totally ineffective. This was because witnesses were terrified of appearing and testifying in the Courts for fear of swift reprisals. It was found that the only effective way to cope with the situation was to use the powers under the Criminal Law (Temporary Provisions) Act to detain gangsters and secret society members under preventive detention.

There is no doubt that this legislation has had a significant deterrent effect on secret society gangsters. The number of secret society incidents dropped drastically from 416 in 1959 to 12 in 1981, while the number of secret society killings decreased from 21 in 1959 to three in 1981. The detention of secret society members under the Act, therefore, has succeeded in significantly reducing secret society activities. Where investigation and intelligence indicate the existence of secret society activities and where they cannot be dealt with under the normal processes of the law, these are nipped in the bud by the use of Detention Orders and Supervision Orders under the Criminal Law (Temporary Provisions) Act. The implementation of this legislation has resulted in fewer incidents and has helped make Singapore a more safe and secure place.

The reduction in the number of secret society incidents does not, however, mean that the problem has been totally eradicated or that such preventive detention is no longer necessary. There is the threat of a potential revival of secret society activities as evidenced by the recent triad ceremonies in South Johore in which there was attendance by a number of Singa- poreans. Any slackening of our vigilance will result in a revival of the lawlessness of the 1950s.

Turning to drug traffickers, preventive detention under the same law has been resorted to from 1974 onwards. Again, the Act was used because witnesses were not prepared to come forth to give evidence against drug traffickers who had underworld and international syndicate connections.

It is because of such preventive detention that we have been able to smash the highly organized network of drug traffickers in Singapore. The number of drug traffickers detained has been reducing, from 203 in 1978 to 109 in 1981. The preventive detention of drug traffickers has indisputably had a deterrent effect in disrupting and eliminating major drug syndicates which had been operating. With the disruption of the large scale syndicates, addicts have had to resort to obtaining their drug supplies from smalltime street pushers or themselves have become addict pushers. If we had not taken such action under this law or taken other measures such as the mandatory death penalty for certain drug traffickers, there is no doubt that we would have today drug trafficking and drug addiction problems of alarming proportions.

I would also like to inform the House that adequate safeguards have been built in to the implementation of the Act to ensure that each case is considered carefully. The consent of the Public Prosecutor is required for a detention order. Each case (after the issue of Detention Order) is referred to an independent Criminal Law Advisory Committee which examines all the evidence, including the representations of the detainee concerned, before arriving at the recommendation as to whether the Order should be confirmed by the President. The detainee is allowed to be represented by counsels at this hearing. Each case is reviewed annually by another Advisory Committee to determine whether the detainee should be released, be placed on Police Supervision Order, placed on the Day Release Scheme or have his period of detention extended. The President's approval is required for all Orders which are to be extended. 3.30 p.m.

Mr Speaker: Order. It is end of Question Time. At the request of the Members concerned, Questions not reached will be postponed to the next available sitting of Parliament.