Vui Kong’s appeal set for Jan 2011

The court registrar has set Vui Kong’s appeal against the judicial review decision by Justice Steven Chong for “the week commencing 17 Jan 2011”. Now Vui Kong can live to celebrate his 23th birthday & Chinese New Year!

Original post : August 31, 2010 by The Online Citizen

January 2011 – that’s the date the Registrar of the Supreme Court has set for the Court of Appeal to hear Yong Vui Kong’s appeal against the High Court’s decision on his judicial review application.

Vui Kong’s lawyer was today informed that the appeal hearing has been set “for the week commencing 17 January 2011”.

“This early notice is to give sufficient time for parties to be ready for the hearing, though we are aware that the record of appeals and cases have still not been filed,” the Registrar’s letter said.

The High Court had, on 13 August, dismissed Vui Kong’s appeal for judicial review concerning the authority to grant presidential clemency. Justice Chong ruled that the power to grant clemency “rests solely with the Cabinet” and that the President has no discretion in this.

Justice Chong also laid down that the courts have no power to review the clemency process.

The court was asked to adjudicate on Law Minister K Shanmugam’s remarks made in public before Vui Kong had filed his appeal for presidential clemency and while the Court of Appeal was deliberating Vui Kong’s appeal against his sentence. Vui Kong’s lawyer, Mr M Ravi, argued that the minister’s remarks had prejudiced Vui Kong’s appeal. Justice Chong, in his ruling, said he saw “nothing objectionable about the Minister’s statement”.

Mr Ravi  (right) later submitted a notice of appeal to the courts informing them that he intends to appeal Justice Chong’s decisions.

Vui Kong was originally scheduled to be hanged on 4 December 2009.

The original deadline for Vui Kong to submit his presidential clemency appeal was 26 August. The Singapore Prison Service has since informed Mr Ravi that it has extended the deadline until after the Court of Appeal’s hearing.

In the meantime, the Malaysian government sent a letter of appeal for clemency to the Singapore government on Vui Kong’s behalf on 29 July. The Singapore government has yet to respond to the letter. On 26 August, a group of Malaysian lawyers and parliamentarians handed a memorandum to the Singapore High Commission in Kuala Lumpur asking for Singapore to show mercy to Vui Kong.

Vui Kong’s family, together with MP for Sabah, Datuk Chua Soon Bui, and supporters, paid a visit to the Istana on 24 August to plead for Vui Kong to be given a second chance. The family members handed over 100,000 signatures collected in both Malaysia and Singapore in support of the plea. (Read TOC’s report here.)

The campaign to save Vui Kong has gathered pace in recent weeks, with many non-governmental organizations, politicians (both from the ruling party and from the opposition), Buddhists associations and youth groups, giving their support to the clemency request.

Singapore’s President, SR Nathan, has never granted any clemency appeals in his 11 years in office as Head of State.

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新国法庭订明年审理宽赦上诉    杨伟光有机会度过廿三岁生日

独立日之际,因贩毒而遭新加坡判处死刑的我国公民杨伟光,获得一项好消息。随着杨伟光律师提出申请,新加坡上诉庭择定2011年1月审理他们针对高庭否决其要求宽赦司法审核的上诉。
这项决定意味,杨伟光将暂时脱离被带上绞刑台的风险,直到明年初;它也代表杨伟光将有机会度过自己在明年1月的23岁生日。

新加坡《公民连线》报道,杨伟光律师拉维受到当局的通知,审讯将安排在2011年1月17日开始。

高庭否决宽赦司法审核申请

NONE现年22岁的沙巴人杨伟光在2007年因为运毒入境新加坡被捕,进而判处死刑。他本定于去年12月问吊,但拉维成功入禀法庭,暂缓死刑,并且针对新国驳回杨伟光宽赦申请的决定,提出司法审核。

拉维宣称,杨伟光的宽赦申请驳回有两项问题:首先,杨伟光申请特赦过程,新国司法部长公开点名杨伟光,说不能够放过他,涉嫌未审先判;其次,新国总检察长也宣称,宽赦与否由内阁决定,而不操之总统手上,这种说法跟宪法规定矛盾。

不过,高庭在13日的裁决,却否定了这两项理由,宣称总统没有权力裁定宽赦申请,该权力全部落在内阁手中;以及,该国司法部长在杨伟光申请宽赦过程,直言不能宽恕他的言论,并不构成歧视。

拉维8月25日正式入禀上诉庭,企图推翻高庭上述的裁决。

About givelife2ndchance

Give Life 2nd Chance is a movement dedicated to work on abolish death penalty in Malaysia.
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3 Responses to Vui Kong’s appeal set for Jan 2011

  1. laixing says:

    我是中国广东省清远市的网友 ,希望杨伟光同学好运!

  2. Kim says:

    What are the decision on 17 Jan,2011?
    “…judicial review decision by Justice Steven Chong for “the week commencing 17 Jan 2011″.”

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