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The Internal Security Act (ISA) of Singapore () is a statute that grants the executive power to enforce preventive detention, prevent subversion, suppress organized violence against persons and property, and do other things incidental to the internal security of Singapore. The present Act was originally enacted by the Parliament of Malaysia as the Internal Security Act 1960 (No. 18 of 1960), and extended to Singapore on 16 September 1963 when Singapore was a state of the Federation of Malaysia. Before a person can be detained under the ISA by the Minister for Home Affairs, the President must be satisfied that such detention is necessary for the purposes of national security or public order. In the landmark case of ''Chng Suan Tze v. Minister for Home Affairs'' (1988), the Court of Appeal sought to impose legal limits on the power of preventive detention by requiring the Government to adduce objective facts which justified the President's satisfaction. Two months after the decision, a series of legislative and constitutional amendments was enacted that effectively reversed the ''Chng Suan Tze'' decision. These amendments were subsequently confirmed to be valid by the High Court and Court of Appeal in ''Teo Soh Lung v. Minister for Home Affairs'' (1989–1990), which held it is sufficient for the President to be subjectively satisfied that a detainee is a threat to national security in order for a detention order to be issued under the ISA. Notable ISA cases include Operation Coldstore in 1963 which led to the arrest of some 100 left-wing politicians and trade unionists, including members of the socialist opposition party, the Barisan Sosialis. Chia Thye Poh, an alleged Communist, was detained and subject to other restrictions on his liberty under the ISA from 1966 to 1998. The ''Chng Suan Tze'' and ''Teo Soh Lung'' cases resulted from a 1987 security operation called Operation Spectrum in which 22 Roman Catholic church and social activists and professionals accused of being members of a Marxist conspiracy were detained under the ISA. The ISA also empowers the authorities to prohibit political and quasi-military organizations, ban subversive documents and publications, shut down entertainments and exhibitions that are or are likely to be detrimental to the national interest, and to suppress organized violence by declaring parts of Singapore to be security areas. ==History and developments== British colonial Malaya introduced the Emergency Regulations Ordinance 1948〔Emergency Regulations Ordinance 1948 (No. 17 of 1948).〕 on 7 July 1948 during the Malayan Emergency in response to a Communist uprising and guerrilla war. The regulations allowed the police to arrest anybody suspected of having acted or being likely to act in a way that would threaten security without evidence or a warrant, hold them incommunicado for investigation, and detain them indefinitely without the detainee ever being charged with a crime or tried in a court of law.〔.〕 The successor to the Emergency Regulations Ordinance, the Preservation of Public Security Ordinance 1955 ("PPSO"),〔Preservation of Public Security Ordinance 1955 (No. 25 of 1955) ("PPSO").〕 was introduced a result of the 1955 Hock Lee bus riots by the Labour Party government in Singapore. There was strong opposition to the PPSO by the party then in opposition, the People's Action Party ("PAP"). In 1958, Lee Kuan Yew of the PAP accused the Lim Yew Hock government of using the PPSO to stifle political dissent.〔.〕 In 1960, three years after Malaya's independence, the Emergency was declared over. However, the Malayan Internal Security Act 1960 ("ISA")〔Internal Security Act 1960 (No. 18 of 1960, Malaya) ("ISA").〕 was passed in place of the PPSO with much of the same powers. During parliamentary debates on the Act, Malayan Prime Minister Tunku Abdul Rahman stated that the ISA would only be applied against only the remaining Communist insurgents. The Malayan Communist Party and its insurgents eventually surrendered in 1989. Nonetheless, the ISA was retained in Malaysia. The drafter of the Malayan ISA was Hugh Hickling, a British lawyer, author and professor. In 1989, he commented that he "could not imagine then that the time would come when the power of detention, carefully and deliberately interlocked with Article 149 of the Constitution, would be used against political opponents, welfare workers and others dedicated to nonviolent, peaceful activities".〔.〕 Nonetheless, he commented that he supported review of the ISA but it was not for him to say if the law should be scrapped, as "you've got a multi-racial society (Malaysia ) in which emotions can run high very quickly".〔.〕 When Singapore joined the Federation of Malaya in 1963, the Malayan ISA was extended to Singapore. The Act was retained in Singapore even after its separation from Malaysia in 1965. The current version of the Act is known as Chapter 143 of the 1985 Revised Edition.〔 ("ISA").〕 In September 2011, the debate over whether the ISA should be retained was re-opened after Malaysia announced that it was considering repealing the ISA.〔.〕 Prime Minister Najib Razak stated that the Act would be abolished and replaced by new laws to safeguard peace and order.〔.〕 The legitimacy and relevance of the ISA were subsequently debated by former ISA detainees, the Singapore Government, and others.〔; .〕 Member of Parliament for Pasir Ris–Punggol Group Representation Constituency, Dr. Janil Puthucheary, commented in Parliament on 18 August 2011 that "while he felt it inappropriate to detain a citizen without trial, he is convinced by the hard logic that the safety and security of Singapore must be paramount". However, he agreed that there needed to be more safeguards to prevent abuse of the ISA and that "the ISA needs to be discussed in a more transparent manner, even as the facts associated with a given detainee need to be kept secret".〔.〕 The following day, 19 October 2011, Deputy Prime Minister, Coordinating Minister for National Security and Minister for Home Affairs Teo Chee Hean explained the relevance of the ISA and its powers of preventive detention. He noted that in the 1960s preventive detention was primarily used to counter the subversive Communist threat posed by the Malayan Communist Party which was hiding within legal organizations. For the past two decades, though, preventive detention has helped safeguard Singapore's national security by countering threats posed by espionage and terrorism. Preventive detention allows for a comprehensive assessment of a threat, as opposed to a criminal case tried before a court which requires the court to consider only the specific acts that relate to the charge. Detaining those who have not yet committed overt deeds that warrant prosecution also allows pre-emptive action to be taken to neutralize threats before they materialize into actual harm. In addition, the Minister said that detention without trial is preferable in situations where open prosecutions in court are not practicable due to the confidentiality of certain intelligence. Such intelligence might have been obtained through foreign security agencies on the understanding that the source and details would not be disclosed to an open court. What is more, disclosure of confidential intelligence could compromise ongoing or future operations through the revelation of existing sources and methods of intelligence gathering. However, if confidential information were withheld from the court, a criminal case could be weakened due to evidential requirements, which may result in the acquittal of an otherwise guilty accused. Finally, court proceedings may stall investigations as part of a broader network, and could exacerbate situations where communal sensitivities are involved.〔.〕 Opposition political parties in Singapore have called for the ISA to be abolished. In its manifesto for the 2011 general election, the Workers' Party said that specific anti-terrorism and anti-espionage laws, which allow arrests and detention without trial only under strict conditions, should be enacted to replace the ISA.〔.〕 The National Solidarity Party took a similar stance in February 2013.〔.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Internal Security Act (Singapore)」の詳細全文を読む スポンサード リンク
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