The Ministry of Home Affairs (MHA) has reiterated the government’s long-standing position on the legality and necessity of the statutory presumptions in the Misuse of Drugs Act (MDA), following a 28 August 2025 ruling by the Court of Appeal that affirmed their constitutionality.
In response to media queries published on 9 September, the MHA underscored that the Court had rejected an application brought by four prisoners awaiting capital punishment.
The prisoners had sought to revive a constitutional challenge against Sections 17 and 18 of the MDA, arguing that these provisions violated Articles 9(1) and 12(1) of the Constitution.
The Court of Appeal, comprising a five-judge panel, dismissed the application as lacking merit. It held that the statutory presumptions—under which a person found in possession of drugs is presumed to know their nature—were not only lawful but essential to overcoming evidential difficulties in drug prosecutions.
MHA cites Parliament’s consistent position on drug laws
The MHA’s statement referred to a comprehensive Ministerial Statement delivered by Minister for Home Affairs and Minister for Law K Shanmugam on 8 April 2025.
In that speech, the Minister addressed a Parliamentary Question regarding potential amendments to the MDA.
He confirmed that no changes were planned, affirming that the current legal framework remains necessary and effective in combating drug trafficking.
The presumptions in the MDA were described as critical legal tools. They are designed to address situations where direct proof of an accused person’s state of mind—often solely within their knowledge—is practically impossible to obtain.
Minister Shanmugam explained: “The prosecution must prove beyond a reasonable doubt that the drugs were in the accused person’s possession. That will then trigger the presumption of knowledge. If the person has a defence, it is only fair that he proves it.”
He further emphasised that these presumptions have been part of the legal landscape since 1973 and were reaffirmed by Parliament as recently as 2023, during the unanimous passage of the Misuse of Drugs (Amendment) Bill.
Court: Presumptions constitutional, do not violate natural justice
The Court’s detailed judgment echoed the government’s position. It clarified that the presumptions are rebuttable, and the legal burden of proving the charge beyond a reasonable doubt remains with the prosecution.
Upon proof of a predicate fact—such as physical possession of drugs—the accused is presumed to have known the nature of the substance. However, the accused can rebut this presumption on the balance of probabilities.
The Court held that this structure does not breach the Constitution. It also reaffirmed the principles set out in Ong Ah Chuan v Public Prosecutor (1980), a landmark Privy Council decision that upheld similar presumptions as consistent with natural justice.
The judgment also observed that constitutional challenges against the MDA presumptions have repeatedly failed over the years, with the latest application constituting a collateral attempt to reopen previously concluded criminal cases.
Government reiterates deterrent-based drug policy
In reaffirming its position, the MHA reiterated that Singapore’s zero-tolerance stance has been a key factor in maintaining one of the world’s lowest rates of drug abuse, despite worsening trends globally.
The country’s proximity to the Golden Triangle—a major hub for illicit drug production—makes it a high-risk transit and destination point. According to the Minister, the use of legal presumptions has been vital in deterring traffickers and safeguarding lives.
In separate news, alleged trafficker released after charge withdrawn
In a separate development, Benny Kee Soon Chuan, a 32-year-old Singaporean, is set to be released from remand after the prosecution applied for a discharge not amounting to acquittal on 8 September 2025.
Kee had been held for more than 11 months after his arrest in Thailand and extradition to Singapore on a capital drug trafficking charge in September 2024.
Described by Thai authorities as a high-level trafficker linked to a transnational drug network, Kee allegedly dealt in methamphetamine, ketamine, and Ecstasy, destined for Singapore and Australia.
Assets worth approximately S$585,000 were seized during his arrest, and he had reportedly entered Thailand using a Vanuatu passport.
The withdrawal of the charge, although not a full acquittal, permits the prosecution to revive proceedings should new evidence emerge.
The post MHA affirms constitutionality of drug law presumptions following apex court ruling appeared first on The Online Citizen.
