'Presumption of guilt in certain legislations constitutional'
Presumption of guilt imposed on some individuals under certain legislations, namely Section 122(1) of the Securities Industry Act (SIA), is constitutional, the Federal Court ruled last week.
In a landmark judgment in the case of Public Prosecutor v Gan Boon Aun (Transmile chief executive officer), Justice Jeffrey Tan Kok Wha stated that the presumption and "reverse onus clause" are not prohibited by Article 5 of the Federal Constitution which deals with liberty of a person.
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