Ong Ah Chuan v Public Prosecutor

Ong Ah Chuan v Public Prosecutor is a landmark decision delivered in 1980 by the Judicial Committee of the Privy Council on appeal from Singapore which deals with the constitutionality of section 15 of the Misuse of Drugs Act 1973 (No. 5 of 1973) (now section 17 of the ) ("MDA"), and the mandatory death penalty by the Act for certain offences. The appellants contended that the presumption of trafficking under section 15 of the MDA violated Article 9(1) of the (now the ) and that the mandatory death penalty was arbitrary and violated Article 12(1) of the Constitution. Dismissing the appeal, the Privy Council clarified several issues of Singapore law. It explained that the word law in Article 9(1) includes fundamental rules of natural justice. The court also held that Article 12(1) does not prohibit differentiation between classes of people, but requires that like should be compared with like. It also laid out the "reasonable relation" test to determine if legislation is in breach of Article 12(1). Ong Ah Chuan has been referred to in subsequent cases. In some of them, attempts have been made to argue that certain legal principles are fundamental rules of natural justice, and thus constitutionally protected by Article 9(1). There has also been academic discussion concerning whether fundamental rules of natural justice enable the courts to examine the substantive fairness or reasonableness of laws. The ruling in Ong Ah Chuan that the mandatory death penalty is constitutional has not been followed in later Privy Council decisions. These cases were distinguished by the Singapore Court of Appeal in Yong Vui Kong v. Public Prosecutor (2010) on the basis that the constitutions involved in those cases contained express prohibitions against inhuman or degrading punishment or treatment, which the Singapore Constitution lacks. The reasonable relation test applied to Article 12(1) by the Privy Council has been applied in a number of local and foreign cases. It was reformulated into a three-stage test by the Court of Appeal in Public Prosecutor v.