Issues of Law and Justice in Singapore: Some Christian Reflections

130 Pages·2009·1.464 MB·English

by  Daniel K. S. Koh, Kiem-Kiok Kwa

CSCA ChriStiAnity in SoutheASt ASiA SerieS
This book is an attempt at putting together in one accessible volume what Si
os
some Singapore Christians think about matters of law and justice in their s
mu
own country. It is the first volume in the CSCA Christianity in Southeast ee
s
Asia Series. C
o
h
The writers share the same concern about Christians being the light f
r
L
and salt in the world. Christians can make meaningful contribution to i
sa
public discussion on matters which affect the common good. Justice tw
i
a
properly understood is justice for all even if it is informed by the Christian a issues of
n
n
faith. That is why Christians who love God and their neighbours are
Rd
interested in issues of law and justice. e Law and Justice
flJ
u
While the book is primarily written for Christians, it may be of
es
interest to the wider readership. Readers will be able to identify some ct
i
common interests, and gain further understanding of how thoughtful tc
Christians have sought to contribute to developing a wholesome social ioe in Singapore:
ni
n
vision, “based on justice and equality”, for a multi-racial, multi-religious
s

society. Si Some Christian Reflections
n
g
a
p
o
Contributors: r
e
Daniel K. S. Koh, Kiem-Kiok Kwa, Debbie Ong, Tan Seow Hon, Thio Li-ann, William : EditEd by
Wan and Gordon Wong.
Daniel K. S. Koh and Kiem-Kiok Kwa
KD
Editors:
ia
en
Daniel K. S. Koh teaches Church and Society, Ethics and Pastoral Theology at mi
e
Trinity Theological College, Singapore, where he is also the Director of Centre for the -Kl K
i
Development in Christian Ministry; and Kiem-Kiok Kwa teaches Inter-cultural Studies ok. S
at East Asia School of Theology, Singapore. K. K
wo
ah

ISBN 13: 978-981-4270-16-8
ISBN 10: 981-4270-16-4
Issues of
Law and Justice
Singapore:
in
Some Christian Reflections
CSCA ChriStiAnity in SoutheASt ASiA SerieS

Issues of
Law and Justice
Singapore:

in
Some Christian Reflections
EdItEd by
Daniel K. S. Koh and Kiem-Kiok Kwa
Copyright © Trinity Theological College 2009
Contents
Jointly Published by
Genesis Books
An imprint of ARMOUR Publishing Pte Ltd
Kent Ridge Post Office
P. O. Box 1193, Singapore 911107
Email: [email protected]
Website: www.armourpublishing.com
CSCA Christianity in Southeast Asia Series vii
And
Introduction Issues of Law and Justice in Singapore: ix
Trinity Theological College
Some Christian Reflections
490 Upper Bukit Timah Road
Singapore 678093
Republic of Singapore
Tel: [phone] Part One: Theological and Biblical Framework 1
Website: www.ttc.edu.sg
Chapter One Justice: A Christian Social Ethical Perspective 3
13 12 11 10 09
— Daniel K. S. Koh
5 4 3 2 1
Chapter Two Random Reflections on Law and 35
All rights reserved.
Justice in the Bible
No part of this publication may be reproduced, stored
in a retrieval system or transmitted, in any form or by any means, — Gordon Wong
electronic, mechanical, photocopying, recording or otherwise,
without the prior permission of the copyright owner.
Part Two: Some Issues of Law and Justice 51
Unless otherwise stated, all Scripture verses are taken from the HOLY BIBLE, NEW
INTERNATIONAL VERSION. Copyright © 1973, 1978, 1984 by International Bible
Society. Used by permission of Zondervan Publishing House. All rights reserved. Chapter Three Criminal Law, Punishment and the Christian 53
— William Wan
Scripture quotations marked KJV are taken from the KING JAMES VERSION, 1611,
1769. Outside of the United Kingdom, the KJV is in the public domain. Within the Chapter Four Religion and Abortion in Singapore 87
United Kingdom, the rights to the KJV are vested in the Crown.
— Tan Seow Hon
Printed in Singapore Chapter Five Reflections on the Law of Marriage & 115
Divorce in Singapore
ISBN 13 : 978-981-4270-16-8
ISBN 10 : 981-4270-16-4 — Debbie Ong
Chapter Six “To Act Justly, To Love Mercy...” 147 CSCA Christianity in
Reflections on the Social Principles
Southeast Asia Series
of the Methodist Church in Singapore
— Kiem-Kiok Kwa
Chapter Seven Attending to the Weightier Matters of the Law: 175
Series editor: Michael Nai-Chiu Poon
Faith, Hope and Love in the Public Square
— Thio Li-ann
A Selection of Books for Further Reading 231
About the Contributors 235
The CSCA Christianity in Southeast Asia Series consists of
commissioned studies on present-day Christianity in Southeast Asia;
specifically in Singapore, Malaysia and Indonesia. Contributors to
this Series are mainly drawn from those in senior Christian leadership
in the region. The papers presented here have often benefited from
discussion in the regional conferences organised by the Centre for the
Study of Christianity in Asia.
This Series aims to encourage much needed theological reflections
by local Christian practitioners on their own mission experiences.
The past few decades have witnessed two significant shifts that have
impacted how world Christianity is interpreted. First, social sciences
now provide the fundamental categories for understanding religious
worlds. Philosophical and theological disciplines are often dismissed
as ideologically motivated and so no longer occupy the central role
they once assumed. Secondly, world Christianity is now studied
by academics who may have little first-hand cross-cultural and
missionary experience; and even with no Christian conviction. This
represents a significant change from the time when career missionaries
ISSueS OF Law aNd JuSTICe IN SINgaPOre
were the chief exponents of world Christianity. Stephen Neill, John Introduction
V. Taylor, Max Warren and Andrew Walls were perhaps among the
Issues of Law and Justice in Singapore:
last missionaries in the post World War II era from the old school.
Missiological studies so runs the risk of becoming increasingly Some Christian reflections
theoretical and academic, with little understanding of ground realities.
World Christianity is often described and explained in concepts that
may be alien to the Christian community. To be sure, these newer
forms of scholarship have enriched and challenged our understanding
of present-day Christianity. However, Christians cannot abdicate their
own theological responsibility in striving for an account of their own
faith and mission tasks in Christian terms. This we owe to the faithful
and to the wider communities we serve. This collection of essays is a first attempt at putting together in one
This Series hopes to introduce what Southeast Asian Christians accessible volume what Singapore Christians think about matters of
think to the wider audience, in the hope that this would contribute law and justice in their own country. Apart from occasional articles
towards a more rigorous account of world Christianity. which have appeared in academic journals, insofar as we are aware of,
no one else in Singapore has written what is presented here, hence this
book fills an obvious gap. It puts on record what Singapore Christians
have been thinking; and in so doing encourage more Asian Christians to
participate in the contextual enterprise of public discourse on subjects
which would contribute to the strengthening of community life.
Law and justice in the Singapore context provide the setting of
the following discussions. There is a good mix of contributors from
different age, church affiliation and academic background, all working
together in bringing Christian faith to bear on public issues. They write
as citizens who take their faith seriously and as Christian disciples
who are interested in the well-being of Singapore. Their reflections
are examples of how Christians can contribute to enrich societal
well-being. The issues raised, like other issues which impact human
flourishing, are those which Christians who desire to be responsible
citizens of both God’s Kingdom and the earthly republic, cannot
viii
ISSueS OF Law aNd JuSTICe IN SINgaPOre IInnttrroodduuccttiioonn
ignore. To be sure the Christian faith allows for multiple expressions perspective of natural human rights. From the Christian perspectives,
of discipleship. Christians may give conflicting assessments and draw there are also many works which address the close affinity between
differing conclusions. To uphold academic integrity and to encourage justice and love. This has been widely discussed by other Christian
a more open discussion, we give the contributors the freedom to social ethicists like Emil Brunner, Paul Tillich, Reinhold Niebuhr and
handle their assigned topics in ways they saw fit. Apart from minor Joseph Allen.
editorial suggestions, in the main we have left the writers to say what While the book is primarily written for Christians, it is not
they wanted to say and in the style they chose to express themselves. restricted to Christian readership. We hope fellow citizens will be able
Whatever their views and contributions, they were not put forward to identify some common interests, and gain further understanding of
to protect any religious turf, as it were, but mainly for the benefit of how thoughtful Christians seek to work out a Christian social vision
all who live under the same legal and political jurisdiction. They all in a multi-racial, multi-religious society.
share the same concern about Christians being the light and salt in the The book is in two parts. Part I presents a broad theological and
world and that Christians can make meaningful contribution to public biblical framework for understanding justice. Part II deals with some
discussion on matters which affect human flourishing and the common specific issues of justice and law mainly in the public realm and for one
good in a plural society. Justice properly understood is justice for all article, in the context of a mainline church.
even if it is informed by the Christian faith. That is why Christians who Daniel K. S. Koh begins the volume by first providing a framework
love God and their neighbours are always interested in issues of justice for understanding justice drawn mostly from the works of Ronald
regardless of whether it is in a homogenous or in a plural society. H. Preston, an Anglican social ethicist. The essay, interacting with
This book draws on the wider discussions on law and justice from the writings of a number of other Christian social ethicists and
both the classical periods and the present-day. Issues and questions philosophers, offers an approach to understanding justice enriched by
surrounding justice are of perennial interest to the social well-being the Christian faith and the Christian virtue of love. To be interested in
of humankind; many fine minds have grappled with this subject since justice is to follow the heart of God, for God is not only just but He
antiquity. We can point to classical treatments in Plato’s Republic and to also requires His people to be just and to promote justice. Daniel offers
John Rawls’ A Theory of Justice 1 in more recent times. To a great extent, a Christian perspective on justice which protects the integrity of the
Rawls’ contractarian liberal defence of justice has loomed large in the faith inasmuch as it is also appropriate for responsible and responsive
horizons over the past fifty years. More recently Nicholas Wolterstoff’s Christian engagement in the public square that seeks to foster human
Justice: Rights and Wrongs2 has sought to argue for justice from the well-being in a plural society.
The second article cautions against taking a simplistic reading of
law in the Bible. “God said it. I believe it. That settles it,” may be a
1 John Rawls, A Theory of Justice, (Cambridge: Belknap Press, 1999).
catchy slogan which some Christians resort to when asked to explain
2 Nicholas Wolterstorff, Justice: Rights and Wrongs, (Princeton University Press,
2008). their views about how lessons from the Bible can be applied to the
x xi
ISSueS OF Law aNd JuSTICe IN SINgaPOre IInnttrroodduuccttiioonn
challenges of our time. But slogans, no matter how clever they may be, draw attention to weak arguments and at the same time offer well-
do not solve serious problems which require thoughtful study. When it considered suggestions for review of laws that are built on faulty
comes to matters of law in the Bible, proper study will show that there premises. Against the tendency of those who may opt for a simplistic
are different types of law, some of which are culture sensitive. True, the approach by being dismissive of legitimate arguments put forward by
Ten Commandments ought to be obeyed by faithful Christians, but people who take their faith seriously, Seow Hon shows that people
Gordon Wong’s Random Reflections points out that not every aspect of of faith are not necessarily unreasonable people. The grounds of their
law in the Bible is straightforward or unambiguous. That does not mean arguments are justifiable and accessible to those with different faiths
there is no certainty at all. Rather, these reflections should encourage and those who may not hold any religious belief. If there is any doubt
readers to search the scriptures responsibly for themselves as they about whether the faith community can offer critical and constructive
develop a more holistic and clearer picture of law from a perspective of contribution to public debate on issues affecting societal well-being,
the whole Bible. Gordon then highlights God’s concern about justice. this essay should dispel such a doubt.
Law may be important. But without justice law can be perverted. More The article by Debbie Ong compares the marriage and divorce laws
important than following law should be our commitment to justice. of Singapore with that of biblical witness and finds that there is a great
Part II is longer. It identifies and discusses some issues of justice in deal of overlap. This could be because the laws are based on English law,
the public square in Singapore. which in turn have been influenced by a Judeo-Christian worldview.
William Wan begins this section by looking at the relationship She shows where the law might have been informed by biblical
between crime and punishment. In particular, he considers the principles and injunctions and where there might be areas of conflict
philosophy behind punishment — is it for retribution, deterrence or between the law of the country and biblical teachings especially as they
restitution, and should the focus be on the perpetrator or the victim? relate to marriage and divorce. Debbie looks at the Women’s Charter,
Since crimes are recognised as offences not only against persons but an important document that inter alia protects the rights of women in
also against the community, these are important questions for citizens Singapore. It is, however, in her personal experience as a mediator in
to ponder. William’s comparison with biblical examples shows that the the Family Court that she is challenged to examine conflicting claims
Christian value of humanity created in the image of God must also be and strive for justice, with a pastoral touch and in a way that shows
an important consideration. God’s love for His people.
Tan Seow Hon examines parliamentary debates on abortion held Kiem-Kiok Kwa’s essay is more introspective. Instead of critiquing
in Singapore in 1969 and 1974. From those debates, she argues that what is outside the church, she looks within the Methodist Social
since the grounds for abortion do not stand the test of time, the issue Principles to discern whether the threads of justice are present in the
of abortion in Singapore deserves to be reconsidered. Her essay shows church. While the church is involved in good works which are acts of
how the faith community can make significant contribution to debate justice and an extension of love, yet more could be done to provide
in the public square. In particular she points out how Christians can Christians with a theological framework of justice. What is needed
xii xiii
ISSueS OF Law aNd JuSTICe IN SINgaPOre Introduction
is for more Christians to develop a clearer and deeper theological are many other areas which have not been discussed. Perhaps some
understanding of their faith which will enable them to engage the of the contributors of the present volume and other writers will be
world with deeper conviction and greater confidence. encouraged by this offering of essays, to go on to examine other
The final essay from Thio Li-ann explains how Christians can issues of law and justice. Such may include the merit of a jury system,
be salt and light in the public realm. Her essay helps readers to be detention without trial, meritocracy and justice, capital punishment,
aware of some of the dominant ideologies competing for influence distributive justice and free market, natural law and natural rights, and
and acceptance in the public square. Like what Seow Hon has done, morality and the law. Perhaps too we could have given some attention
she shows the unreasonableness of ideologues who are too quick to to the views of opposition members of parliament like Chiam See Tong
dismiss the legitimate contributions of people with faith conviction. At and the late J.B. Jeyaretnam, both of them are also known to hold the
the same time she points out the questionable views of those who take Christian faith. Nevertheless, we are convinced that the essays we have
an anti-religious perspective of who should be included in debating offered represent a fair spread of relevant and important topics which
issues of common interest. Weaved into her essay is the argument that will enhance our quest for a better society marked by justice, as God
law cannot be divorced from morals. It is a question of which morality intends justice to be. Even with its limitation in scope, the variety of
we want to have to inform and shape our law and our sense of justice. subjects in these chapters show that justice is broad and complex. That,
In some ways, drawing on her personal experience as a Nominated nevertheless, should not discourage or prevent thinking Singaporeans,
Member of Parliament, she shows that faith, hope and love are not not to mention thoughtful Christians, from delving into a subject which
merely Christian concepts but must be present in public discourse. She affects our lives and well-being. If anything, it is precisely because it
argues that Christians should be active participants in public discussions is a subject which affects human well-being, more people ought to be
on moral, law and justice issues that will shape a country’s future. She interested in discussing it and in offering perspectives which will help
uses a recent public debate on the issue of homosexuality to illustrate to enhance the quality of our social and communal life.
how some pro-homosexual activists have tried to short-circuit serious We would like to thank the contributors for their stimulating essays
argument by resorting to name-calling. She goes on to suggest what which we hope will be used by our Lord to show how Christians can
Christians as citizens can do to articulate and proclaim their views in be both responsive and responsible; critical and contextual in engaging
the pursuit of justice and a just and gracious society. the challenges in our time.
As this is a first attempt by academics and theologians to show Keith Leong has been God-sent. In the short time he has been
how Christians can be active and responsible participants in discussing with us before going to the university, he helped us to do proofreading
issues of law and justice in the public square, the scope is deliberately and formatting, a tedious but necessary job. Edmund Chua from the
limited. Within the range of this collection of essays, we have tried to Centre for the Study of Christianity in Asia office also helped to ensure
have a varied and reasonable representation of views. Our approaches that the final stage of the production is handed well. To both of them,
have been both critical and constructive. It is obvious that there our thanks. Finally, we would like to thank the Rev Dr Michael Poon
xiv xv
ISSueS OF Law aNd JuSTICe IN SINgaPOre
for not only inviting us, but also prompting and guiding us, to work
on this book which forms part of a series of books to be published by
CSCA, of which he is the Director. He has asked probing questions and
offered invaluable input, most of which we have tried to incorporate
into our essays.
To God be the glory.
Daniel K. S. Koh and Kiem-Kiok Kwa
National Day 2009
PArt One
theological and
Biblical Framework
xvi