CHAPTER 3: ARTICLE 6

SEMESTER II 2013/2014
LLB
 A. Article 6 (1)

No person shall be held in

slavery
 Definition
• Oxford Dictionary
– A slave is a person who is the legal property
of another or others and is bound to
absolute obedience, a human chattel
• A slave is not paid for services rendered and
may be sold
• A person engaged in forced labor is paid but
may not be sold
A free man Have the liberty Complete
in relation to liberty
employment

Forced labor Have no or Liberty is limited

limited liberty in
relation to
employment
A slave Have no or No liberty
limited liberty in
relation to
employment
 Prohibition against slavery
• Slavery is not merely the keeping of people for
their services in total submission to their
masters.
– It also encompasses the exploitation and
degradation of people in various
circumstances for the purpose of using their
services.
• Article 6 (1)- absolute prohibition against slavery
– No exception
Common forms of slavery in modern
times~
The exploitation of children, particularly in
dangerous occupations
Forced prostitution
Forced marriage
The exploitation of prisoners of the state and
prisoners of war for commercial purposes
The exploitation of immigrants, especially illegal
immigrants having little education and knowledge of
their legal rights
The exploitation of indigenous people living on their
traditional lands by the state, new settlers and
commercial interests
Bonded labor.
 Case: WONG LAI FATT V PP [1973] 2 MLJ 31
Facts: A young couple were in debt. Their creditor forced
the woman into prostitution so that she could pay off the
debt. When the debt had been repaid, the creditor
however suggested that she continue to be a prostitute.
The couple refused. The creditor then tried to rape the
woman whereupon her husband stabbed the creditor to
death.
• The husband pleaded guilty and was convicted for the
offence of culpable homicide not amounting to murder.
The Federal Court quashed the conviction, roundly
criticizing various persons for the grave injustice caused,
when the right of private defence stood out plain as a
pikestaff.
 B. Article 6 (2)
• Article 6 (2) – all forms of forced labor are
prohibited

• Exceptions:
– Article 6 (2)
– Article 6 (3)
– Article 6 (4)
 (i) Exception 1- article 6 (2)
• Compulsory service for national purposes

E.g: Akta Latihan Khidmat Negara 2003

– Compulsory service for 3 months
– Substitute the word of ‘forced labour’ to ‘national
service’.
– Failure to serve?
• E.g: Enlistment Act 1970 - Singapore
– Compulsory service not exceeding 2 years
 Case: CHEONG SEOK LENG v PUBLIC PROSECUTOR
[1988] 2 MLJ 481

Facts: A was served with an enlistment notice with

accompanying instructions pursuant to section 10
of the Enlistment Act and was enlisted for full-time
national service in the Vigilante Corps. For his
national service, he was posted to the Construction
Brigade and was required to undergo a three-
month residential training at the Civil Defence
School II for the acquisition of skills in construction
work. He left the school one Saturday but failed to
return to school.
He was arrested by CNB officers and admitted
to Selarang Park Drug Rehabilitation Centre
for treatment for drug addiction.
He was then arrested upon his discharge and
subsequently convicted on a charge under
section 15 (1) of the Vigilante Corps Act for
his unlawful absence from duty at Civil
Defence School II with the intention of not
returning to duty.
 Issue & Judgment (Singapore)
Issue: That the imposition of construction work
on the appellant was unconstitutional as a form
of forced labor prohibited by article 10(2) of the
Constitution of the Republic of Singapore
Held: National service per se is a form of forced
labour.
• However, the service in the Vigilante Corps as a
form of national service was within the terms of
a law passed by Parliament for national
purposes, i.e. the Enlistment Act
 (ii) Exception 2- article 6 (3)
• Work undertaken by a prisoner which is
incidental to a sentence of imprisonment
• E.g: Social services, Indian prisoners working
at the mines
• Malaysian prisoners- handicraft
 (iii) Exception 3- article 6 (4)
• Transfer of employment from one public
authority to another public authority
• Provided for in written law
• E.g: Government officers
 Case: BARAT ESTATES SDN BHD & ANOR V
PARAWAKAN A/L SUBRAMANIAM & ORS [2000] 4 MLJ

Facts: R were employed by As on two estates. The

owner of the estate sold both estates to Prospell
Enterprise Sdn Bhd. The owner wrote a letter R
informing them of the sale of the estates to Prospell
and said that the change of ownership would not
affect the terms and conditions of the respondents'
service.
The letter went on to say that R‘s employment would
continue as if there had been no change in the
employer. Prospell also wrote to R offering them to
continue their employment. All R accepted
Prospell's offer.
.
Later, they commenced an action against the
owner. They claimed an indemnity under s 13(1)
of the Employment Act 1955 on the ground that
the owner had failed to give them notices of
termination of their contracts in accordance
with s 12 of the Act.
The owner resisted the claim principally on the
ground that there had been no break in the
continuity of their contracts of service and R
had therefore suffered no actual loss of
employment. Since there was no loss, no
question of indemnity arose.
 Issue
• The issue before the High Court was
whether the appellants were obliged to
indemnify the respondents under s 13(1) of
the Act.
 Court of Appeal
• Every employee has a right to choose his employer
• No person may dictate to another that he shall be the
employee of anyone
• When an employer sells off his business to another,
he must give his employees the right to make a
choice as to the course he or she wishes to adopt
• The giving of notice by the former employer upon the
sale of a business enables the employee to exercise
his right to the choice that he is entitled to make.
• A failure to give notice deprives the employee of his
right to make a choice