Corporate espionage sentence11/30/2023 This list includes communicating any confidential information or passing any visual representations of a location to a “foreign Power”. In the context of this article on espionage, section 3 of the OSA lays out what constitutes spying. In general, the OSA makes criminal the sharing of official documents and information with those not authorised to receive such knowledge. Therefore, it typically applies the ISA sparingly and will prefer to charge the offender under another related law instead. However, the Government understands the severity of detaining an individual and taking away his or her right to trial. This is based on the authority laid out in Lee Mau Seng v MHA (1971) and reinstated in Teo Soh Lung v MHA (1990). The court is not allowed to question the Government’s choices. When applied, the ISA uses a subjective discretion test, which means only the Government’s discretion is relied upon, a fact that is supported by the Government’s assertion that it is best placed to decide such national matters. To this end, the President will be advised by the Cabinet on the situation and why such preventive measures are recommended. Under section 8(1) of the ISA, the President must be satisfied that any preventive measures to be taken are indeed appropriate and necessary for “the security of Singapore… the maintenance of public order”. If you wish to read about the Act and the powers it grants in detail, please click on this link ( ). Within a period of twelve (12) months of a suspect’s detention, his or her case may be reviewed and, with the President’s satisfaction, an extension of his or her detention may be ordered. The suspect must then be informed of the grounds of punishment and of his or her right to appeal to the relevant authorities within fourteen (14) days of the service of the order. The Minister for Home Affairs may order a maximum of two (2) years’ detention without trial, or any other appropriate restrictions on the suspect’s liberty. While initially drafted to combat communism in Singapore’s early years, it may now be applied to racial and religious extremists and intelligence-gatherers for foreign intelligence agencies. The ISA is aimed at maintaining public order and protecting Singapore’s interests, which includes the stopping of suspected intelligence-gathering for foreign agencies. The sentences of convicted individuals may also vary, as these cases are primarily subject to the discretion of the Government on what is best for the interests of the nation. This is because they concern sensitive information and are thus not at liberty to be disclosed. It should be noted that cases of this nature are not usually adequately represented in the news nor explained to the public. Two of the more prominent and relevant ones are the Internal Security Act (Cap 143, 1985 Rev Ed) and the Official Secrets Act (Cap 213). In Singapore, there are a few Acts interacting to counteract any attempts at intelligence gathering by foreign agents. While this is the first publicly known case of its kind in two decades, it is definitely not a trailblazer there have been similar cases where individuals were charged under the Internal Security Act or, where appropriate, with other related offences.īut there is a certain ambiguity when it comes to espionage – what exactly are the laws on spying? Laws Against Espionage The Ministry of Home Affairs stated that Dr Huang was working as “an agent of influence of a foreign country”, communicating with foreign intelligence organisations from an unnamed country and subverting Singapore’s domestic politics to “covertly advance the agenda of a foreign country”. The offence? Spying and interfering with domestic affairs. He and his wife are set to be expelled and subsequently barred from entering Singapore again, and were given seven days to appeal to the Ministry of Home Affairs. On 4 August 2017, a prominent Professor of the Lee Kuan Yew School of Public Policy, Dr Huang Jing, had his permanent residency cancelled.
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