Yong Vui Kong, a 22 year old young man from Sabah, is about to be hanged in Singapore.
On 13 June 2007, he was arrested and later charged with trafficking drug amounting to 47.27g of a controlled drug, namely diamorphine, an offence under s 5(1)(a) of the Misuse of Drugs Act (Cap 185). He was convicted in 7 January 2009 and sentenced to death.
He appealed against the decision. But later withdrew his appeal.
He then filed a petition to the President for clemency. This application was however rejected. The State sent a letter to his family to prepare for his funeral whilst Yong donated his organs to the State.
Four (4) days before his execution, his counsel Mr M Ravi, filed an application in court for leave to pursue the appeal, despite it being withdrawn, and accordingly a stay of execution was sought. The Court of Appeal allowed this application on 31 December 2009.
Yong Vui Kong’s appeal was heard by the Court of Appeal, and dismissed on 14 May 2010.
Since the appeal is dismissed, Yong has a right to again seek for clemency from the President, this is a right granted to him by the Constitution. Pursuant to Article 22(p) of the Constitution, the President has the power to commute his sentence, from death sentence to life imprisonment, in accordance with the advise of the Cabinet. Though the power lies with the President, the fact is that these decisions are made by the Cabinet.
On 9 May 2010, before even the Court of Appeal gave its verdict, the Law Minister, K. SHANMUGAM, made this public statement: “Yong Vui Kong (who was sentenced to hang for trafficking 47g of Heroin) he is young. But if we say we let you go what’s the signal we’re sending? We’re sending a signal to all drug barons out there…just make sure you choose a victim who’s young or a mother of a young child and use them as the people to carry drugs into Singapore. With the sympathy generated after these people are caught he added, there will be a whole unstoppable stream of people coming through as long as we won’t enforce our laws”.
The Law Minister’s statement has a far-reaching implication on Yong’s case. It has indeed offends the rules of natural justice, due process and Yong’s constitutional right to seek clemency from the President. A Malaysian national faces injustice in Singapore.
By doing that:-
- The Minister has denied Yong Vui Kong’s right to seek clemency even before he present his petition to the President
- The clemency petition even if presented, has been tainted with biasness and Yong cannot even look for a real decision by the President but only by the Cabinet.
- The Minister’s action has usurped the President’s power under the Constitution.
Counsel for Yong has written to the High Commission of Malaysia in Singapore to seek assistance.
Under this circumstance, the Malaysian government must take all diplomatic measures necessary to interfere and safeguard our citizens’ rights in a foreign land. This is not an option, this is an obligation and a legal right that Yong has. To exercise this legal right, the Malaysian government can take action in the International Court of Justice to stop this unlawful killing of this helpless boy by the Singapore government.
Press Statement from Civil Right Committee – Kuala Lumpur & Selangor Chinese Assembly Hall (CRC-KLSCAH)
在此情况下，马来西亚政府必须通过所有外交途径介入和捍卫我国公民在国外的权利。这不是一项选择，而是一项义务，这也是杨伟光的权利。为了行使这项法定权利，马来西亚政府可将此案带到国际法庭，以停止新加坡“不合法谋杀”（unlawful killing ）这个无助的男孩。