Yong Vui Kong v. Public Prosecutor and the Mandatory Death Penalty for Drug Offences in Singapore: A Dead End for Constitutional Challenge?

Abstract

This article examines constitutional challenges to the mandatory death  sentence in Singapore, with particular reference to the most recent case of  Yong Vui Kong v. Public Prosecutor (2010). It discusses whether the Court of  Appeal was too hasty in disregarding more recent jurisprudence of the Privy Council, which held the mandatory death sentence as a form of inhuman treatment or punishment. It also examines the customary international law prohibition of the mandatory death penalty, and the imposition of the mandatory death penalty for drug offences as a breach of the equality guarantee in Singapore’s constitution. The article reveals a dismal future for a nuanced and sensible approach towards drug crime in Singapore, in that the latest case closes off many avenues for constitutional litigation.

Citation: 

McDermott, Yvonne 'Yong Vui Kong v. Public Prosecutor and the  Mandatory Death Penalty for Drug Offences in Singapore: A Dead End for Constitutional Challenge?' (2010) 1 International Journal on Human Rights and Drug Policy, 35.

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