CRIMINAL PROCEEDINGS AGAINST MR TAN KOON SWAN (Transfer to High Court)

Mr J.B. Jeyaretnam asked the Minister for Law what special reasons were there for transferring the case against Mr Tan Koon Swan from the Subordinate Courts to the High Court, particularly when the charge had been reduced and Mr Tan had indicated his intention to plead guilty to the reduced charge.

Mr E.W. Barker: As the Member for Anson would know, the Minister for Law is not in charge of prosecutions or the conduct of any criminal proceedings in court, nor does he give any directives on these matters.

Section 335 of the Criminal Procedure Code provides that -

"The Attorney-General shall be the Public Prosecutor and shall have the control and direction of criminal prosecutions and proceedings under this Code.".

The Constitution of Singapore specifically provides in Article 35(8) that "The Attorney-General shall have the power, exercisable at his discretion to institute, conduct or discontinue any proceedings for any offence."

In view of these provisions, the question from the Member for Anson is not appropriate.