COURT: GOVT IS NOT A PERSON UNDER S15 OF PROTECTION FROM HARASSMENT ACT

Breaking: Court of Appeal rules that the Govt is NOT a person under the S15 of Protection from Harassment Act.

The Court of Appeal has passed its landmark judgement in the case between Ministry of Defence (MINDEF) and Dr Ting Choon Meng/The Online Citizen, stating that the Singapore Government is not deemed as a “person” under the section 15 of the Protection from Harassment Act.

The three-judge CA has determined that the government cannot use the provision in the act as a person in a split judgment with Judge of Appeal Andrew Phang and Chao Hick Tin in majority with Chief Justice Sundaresh Menon dissenting.

MINDEF through the Attorney’s General Chambers (AGC) had earlier appealed against the High Court’s ruling that the government is not entitled to make an application under Section 15 of the Protection from Harassment Act (POHA) and it is not “just and equitable” for MINDEF to use Section 15 on a statement made by a local inventor against MINDEF.

Earlier on 15 January 2015, TOC reported on Dr Ting’s recount of the sequence of events which transpired between his company, MobileStats Pte Ltd and MINDEF. Dr Ting alleged that MINDEF had infringed his patent for “Mobile First Aid Post” and had the patent revoked through a ‘war of attrition’ in the courts.

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