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29 Malaya L. Rev. 237 (1987)
Some Aspects of Executive Detention in Malaysia and Singapore

handle is hein.journals/sjls29 and id is 245 raw text is: 29 Mal. L.R. SOME ASPECTS OF EXECUTIVE DETENTION IN MALAYSIA AND SINGAPORE This paper argues that executive detention must be sanctioned by either Article 149 or 150 of the Constitution. The question of judicial review is considered with a view to showing that:- (i) a court may not inquire into the subjective satisfaction of the Minister or President who has ordered the detention; (ii) but a court may and should inquire whether a detainee has sufficient information with which to raise objections before the Advisory Board. I. INTRODUCTION IF a man is in some sense dangerous to the well-being and integrity of the community, if, for example, his continued presence is highly likely to foment violence and great disturbance, then his detention may be salutary, if not also necessary, on the basis that prevention is better than cure. This idea of preventive detention though by no means uncontroversial finds expression in, for example, section 12 of the Singapore Criminal Procedure Code' which provides that a judge Section 12 of the CPC reads: (1) Where a person who is not less than twenty-one years of age - (a) is convicted before the High Court or a District Court of an offence punishable with imprisonment for a term of two years or upwards; and (b) has been convicted on at least two previous occasions since he attained the age of seventeen of offences punishable with such a sentence, then, if the court is satisfied that it is expedient with a view to his reformation and the prevention of crime that he should receive training of a corrective character for a substantial time, followed by a period of supervision if released before the expiration of his sentence, the court may pass, in lieu of any other sentence, a sentence of corrective training for such term of not less than two nor more than four years as the court may de- termine. (2) Where a person who is not less than thirty years of age (a) is convicted before the High Court or a District Court of an offence punishable with imprisonment for a term of two years or upwards; and (b) has been convicted on at least three previous occasions since he attained the age of seventeen of offences punishable with such a sentence, and was on at least two of those occasions sentenced to imprisonment or corrective training, then,if the court is satisfied that it is expedient for the protection of the public that he should be detained in custody for a substantial time, followed by a period of supervision if released before the expiration of his sentence, the court may pass, in lieu of any other sentence, a sentence of preventive detention for such term of not less than five nor more than fourteen years as the court may determine. (3) Before sentencing any offender to corrective training or preventive detention the court shall consider the physical and mental condition of the offender and his suitability for such a sentence. (4) A person sentenced to corrective training or preventive detention shall be detained in a prison for the term of his sentence subject to his release on licence in accor- dance with the provisions of Schedule C to this Code, and while so detained shall be treated in such manner as may be prescribed by rules made under section 393 of this Code.

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