Criminal Law Act is useful — but handle with care

In a commentary, SMU Associate Professor of Law and former Nominated Member of Parliament Eugene Tan said it is important not to misinterpret the court’s decision last week that alleged global football match-fixer Dan Tan Seet Eng’s preventive detention was unlawful. While unlawful, the court did not find that the decision to detain Tan was made capriciously or arbitrarily. Its objection was not, in Home Affairs and Law Minister K Shanmugam’s words, “a question of policy or principle”. Rather, it took issue with the way Tan’s detention order was drafted and how it did not meet the strict requirements justifying the use of the Criminal Law (Temporary Provisions) Act (CLTPA). Tan was arrested again on Dec 1 and Mr Shanmugam said on Dec 2 that, should a new detention order be issued under CLTPA, the grounds for detention will be “set out in full” to comply with its requirement.