The recent arrests of anyone bearing tattoos resembling those of gangsters are ultra vires

The recent arrests of anyone bearing tattoos resembling those of gangsters are ultra vires because it is against the notion that one is considered innocent until proven guilty.

The arrested persons therefore, who may innocently have a fanciful tattoo resembling those blacklisted ones, can challenge their arrests in court as it is an infringement of his personal liberty and freedom of expression. Moreover, the tattoos are not seditious and may just be a personal lucky number belonging to the arrested person.

Furthermore, the new gazette by the Home Ministry to ban certain symbols that belong to gangsters should not be applied retrospectively as many people had gotten their tattoos for many years. Again, the police action against those who have the blacklisted tattoos is in breach of the general principle that all laws should apply prospectively and not retrospectively.

A case in point is the Law Reform (Marriage & Divorce) Act 1976 which came in force on 1.3.1982. Before 1982, marriages undertaken via traditional rites were recognised as legal and there were many Chinese men who had more than one wife via the traditional ceremonies. After 1.3.1982, all civil marriages must be registered but this did not in any way affect those Chinese men who had more than one wife prior to that date. Otherwise, these men would need to divorce their wives.

Most important, arresting people based only on a tattoo but without any prior investigation and evidence finding is itself a crime against the fundamental right to liberty and personal freedom.

The police are urged to obtain some evidence before making any arrest because the damage to the reputation of an innocent, after the arrest, is beyond repair.