Updated: Thursday November 14, 2013 MYT 12:41:16 PM
Singapore spares Yong Vui Kong the noose, re-sentences him to life imprisonment, 15 strokes
Yong Vui Kong may escape death penalty
"...In order to better appreciate the significance of this Certificate and what it entails, we must first look at the relevant portion of the law which provides for its issuance by the Public Prosecutor. This relevant portion is s 33B(1) and (2) of the Misuse of Drugs Act.
In short, s 33B (1) empowers the court with the option of sentencing the convict to imprisonment for life.
In order to do so, however, the convict must satisfy two conditions provided in 33B (2), namely:(a) The person convicted proves, on a balance of probabilities, that his involvement in the offence under section 5(1) or 7 was restricted — to transporting, sending or delivering a controlled drug; to offering to transport, send or deliver a controlled drug; to doing or offering to do any act preparatory to or for the purpose of his transporting, sending or delivering a controlled drug; or to any combination of activities above;(b) The Public Prosecutor certifies to any court that, in his determination, the person has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore.Out of the two conditions set forth by the section above, Yong has already fulfilled one as the Certificate of Substantive assistance, is a written affirmation by the Public Prosecutor of the requirement set out in s 33B(2). He now needs to prove to the Court, on a balance of probabilities, that his role was merely that of a “drug courier” (i.e. simply transporting, sending, or delivering the heroin), as well as to convince the Court that they should reverse his sentence of death, and substitute it with imprisonment for life with caning. Noting the Prosecution’s indication that they will not seek the death penalty, the latter may be fulfilled more easily. - The Singapore Law Review, 31/10/2013, How substansive is 'substantive assistance' ? by Joshua Kow