MHA reaffirms legality of Drug Law presumptions after Court upholds their Constitutionality

SINGAPORE — The Ministry of Home Affairs (MHA) has reiterated the government’s long-standing stance on the legality and necessity of statutory presumptions in the Misuse of Drugs Act (MDA), following a landmark 28 August 2025 Court of Appeal ruling that affirmed their constitutionality.

The clarification, issued in response to media queries on 9 September, came after the Court rejected a bid by four prisoners awaiting capital punishment who had sought to reopen a constitutional challenge against Sections 17 and 18 of the MDA.

The prisoners argued that the provisions violated Articles 9(1) and 12(1) of the Constitution, which protect life, liberty, and equality before the law, but the Court found their application lacked merit.

MHA cites Parliament’s consistent position on drug laws

The MHA referenced a Ministerial Statement delivered by Minister for Home Affairs and Minister for Law K Shanmugam on 8 April 2025, during which he confirmed that no changes to the MDA were being considered.

He emphasised that the statutory presumptions remain critical legal tools, designed to address evidential challenges in drug prosecutions where direct proof of an accused person’s state of mind is often unavailable.

“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,” Mr Shanmugam said.

The Minister added that these presumptions have been part of Singapore’s legal system since 1973 and were reaffirmed during the 2023 Misuse of Drugs (Amendment) Bill, which passed unanimously in Parliament.

Court: Presumptions constitutional, do not violate natural justice

In its detailed judgment, the five-judge Court of Appeal held that the MDA presumptions are rebuttable and that the burden of proving guilt beyond a reasonable doubt continues to rest with the prosecution.

Once the prosecution establishes possession of controlled drugs, the law presumes the accused knew the substance’s nature. However, this presumption can be rebutted on a balance of probabilities, meaning the accused may still prove their lack of knowledge.

The Court ruled that this framework is consistent with natural justice and does not breach constitutional guarantees, citing the landmark 1980 Privy Council case Ong Ah Chuan v Public Prosecutor, which upheld similar provisions.

It also noted that past constitutional challenges against these presumptions have consistently failed, describing the latest application as a collateral attempt to reopen previously concluded criminal cases.

Government reiterates deterrent-based drug policy

Reaffirming the zero-tolerance approach, the MHA said that Singapore’s strict drug laws and deterrent policies have been instrumental in maintaining one of the world’s lowest rates of drug abuse, even as global trafficking and addiction trends worsen.

Singapore’s geographical proximity to the Golden Triangle—a major regional hub for narcotics production—makes it particularly vulnerable to trafficking networks.

The Ministry stressed that the statutory presumptions remain indispensable in deterring traffickers and safeguarding public safety.

In separate news: Alleged trafficker released after charge withdrawn

Separately, 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 an acquittal (DNAA) on 8 September 2025.

Kee had been detained for over 11 months following his arrest in Thailand and subsequent 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 network, Kee was accused of dealing in methamphetamine, ketamine, and Ecstasy bound for Singapore and Australia.

Authorities seized assets worth about S$585,000, and Kee reportedly entered Thailand using a Vanuatu passport.

While the DNAA means the prosecution can revive the charge if new evidence surfaces, Kee will be released for now.

The MHA reiterated that both the Court’s ruling and the government’s position reflect Singapore’s commitment to a firm, fair, and effective drug control regime, balancing enforcement with due process to protect society from the harms of narcotics.