Filipino convicted this August under Singapore Sedition Act. - PH Trending

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Thursday, 27 August 2015

Filipino convicted this August under Singapore Sedition Act.

Sedition Act (Singapore)

The Sedition Act is a Singapore statute which prohibits seditious acts and speech; and the printing, publication, sale, distribution, reproduction and importation of seditious publications. The essential ingredient of any offence under the Act is the finding of a "seditious tendency", and the intention of the offender is irrelevant. The Act also lists several examples of what is not a seditious tendency, and provides defences for accused persons in a limited number of situations. (The Free Encyclopedia)

Philippine National Cases

Philippine National Elio Edmund Silverio, guilty under Sedition Act of Singapore SC.

A Filipino nurse in Singapore has been convicted after the violation of the Sedition Act and by giving false information to the authority.

The case rooted through Elio Edmund Silverio’s facebook account, a working nurse in a government hospital where he called “talunan sa sariling bansa, ang mga Singaporean” at “susunod na estado ng Pilipinas ang Singapore.”

Silverio has been already removed from his work.

Filipino who made ‘xenophobic, inflammatory’ remarks convicted under Sedition Act.

(Channelnewsasia). Ello Ed Mundsel Bello, 28, who made “xenophobic, derogatory and inflammatory” remarks about Singaporeans has been convicted on one count under the Sedition Act, and on two counts of providing false information to police.

In his Facebook post, Bello called Singaporeans "loosers (sic) in their own country". "We take their jobs, their future, their women, and soon, we will evict all SG loosers out of their own country", Bello added, saying that Singapore would be the "new Filipino state".

The Filipino also stated that he would be "praying that disastors (sic) strike Singapore and more Singaporeans will die". He will "celebrate" if this happens, he said.
He ended his Facebook post with the declaration: "REMEMBER PINOY BETTER AND STRONGER THAN STINKAPOREANS."

Bello will be sentenced on Sep 16.

For promoting feelings of ill-will and hostility between different races or classes of the population of Singapore, Bello could have received a fine of up to S$5,000 or a jail term of up to three years, or both.

For giving false information to police, Bello could have faced a jail term of up to one year, a fine of up to S$5,000, or both.

Seditious tendency Meaning

The Sedition Act criminalizes seditious acts and speech; and the printing, publication, sale, distribution, reproduction and importation of seditious publications. The maximum penalty for a first offender is a fine of up to S$5,000 or imprisonment not exceeding three years or both, and for a subsequent offender imprisonment not exceeding five years. The court is required to forfeit any seditious publication found in an offender's possession or used in evidence at the trial, and may order that it be destroyed or otherwise disposed of.  No person may be convicted on the uncorroborated testimony of a single witness.

As the Act defines something as seditious if it has a "seditious tendency", a crucial element underpinning the offences mentioned above is the requirement to prove a seditious tendency which is defined in sections 3(1) and (2):

3.— (1) A seditious tendency is a tendency —
  • (a) to bring into hatred or contempt or to excite disaffection against the Government;
  • (b) to excite the citizens of Singapore or the residents in Singapore to attempt to procure in Singapore, the alteration, otherwise than by lawful means, of any matter as by law established;
  • (c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Singapore;
  • (d) to raise discontent or disaffection amongst the citizens of Singapore or the residents in Singapore;
  • (e) to promote feelings of ill-will and hostility between different races or classes of the population of Singapore.

(2) Notwithstanding subsection (1), any act, speech, words, publication or other thing shall not be deemed to be seditious by reason only that it has a tendency —
  • (a) to show that the Government has been misled or mistaken in any of its measures;
  • (b) to point out errors or defects in the Government or the Constitution as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects;
  • (c) to persuade the citizens of Singapore or the residents in Singapore to attempt to procure by lawful means the alteration of any matter in Singapore; or
  • (d) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of Singapore,
  • if such act, speech, words, publication or other thing has not otherwise in fact a seditious tendency.

Reference:
Philippine Information Agency
Channel Asia
The Free Encyclopedia

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