Another example is Singapore’s laws on drug trafficking.
When drugs are found in someone’s possession, in many other legal systems, the prosecution must prove beyond reasonable doubt that the accused knew he or she was carrying drugs, he said.
“But proving what someone knew is often extremely difficult,” said Mr Wong, as people can claim ignorance.
“That makes enforcement extremely difficult, and drug traffickers know how to exploit this,” he said.
Mr Wong said this is why Singapore takes a different approach.
“If drugs are found in your possession, the law in Singapore presumes you knew they were there. The burden shifts to you to prove otherwise. This reflects a practical reality: you are best placed to account for what is in your possession.”
He also stressed the safeguards that exist alongside this statutory presumption.
“Every case goes through a full investigation and trial before an independent judge. The accused has the right to legal representation – and in capital cases, the state appoints a lawyer for the defence at no cost. Every death penalty verdict is automatically reviewed by the Court of Appeal, even if the accused does not appeal.”
This makes the system firm but fair, said Mr Wong.
His third example was speech and the online space.
“In some countries, even offensive speech is protected in the name of free expression. You can insult someone’s race or religion. You can publish falsehoods online. The belief is that bad speech can be countered with more speech – not legal restriction,” said Mr Wong.
Singapore takes a different view, because speech that demeans race or religion can polarise society, normalise hatred and lead to violence, he said.
Singapore cannot take such risks lightly because of its diverse society, he said.
“So we have laws against speech that incites racial or religious hatred, and laws to counter the spread of online falsehoods.
“Some have criticised this approach as overly restrictive. But today, even societies that once took a more permissive approach are tightening their laws – because they are confronting the same challenges and realities,” said Mr Wong.
What once seemed overly cautious is increasingly seen as necessary, he added.
