Remembering Gong Gong: A Tribute to My Maternal Grandfather, Fang Yong Sheak (方荣石)

I would like to share a belated reflection on the passing of my maternal grandfather, Fang Yong Sheak (chinese name: 方荣石) affectionately known to me and the rest of my extended family as Gong Gong. He left us on April 4th, 2020, during the height of the COVID Pandemic. I received the news while queueing outside a shop, masked up and running errands, when my dad called to inform me. It was a moment of disbelief and sorrow, made even more challenging by the lockdown in Malaysia and the Dorscon circuit breaker in Singapore at that time. Most of my maternal relatives, who reside in Malaysia, were unable to travel to Singapore to attend the funeral and pay their final respects.

Gong Gong was the second oldest among ten siblings, a man whose life was marked by hard work, practicality, and dedication. His career in education in Malaysia saw him rise from a teacher to a principal, and eventually to a director of Chinese schools in Johor. His commitment to education was so profound that three of his children followed his path and became teachers.

One of the things I admired most about Gong Gong was his incredible willpower. I remember when Grandma was diagnosed with cancer, he quit smoking cold turkey, a testament to his strength and love for her. Despite his practical nature and reluctance to discuss sentimental matters, his love for our family was undeniable. He promised Grandma who made him swear on her deathbed that he would convert to Christianity, and he honored that promise by regularly attending church with us and getting baptised.

Gong Gong had his unique quirks and tastes. He was known for his Mahathir-style olive green colored safari jackets, which he wore on almost all occasions. He loved nutritious food such as mix pig organs and was surprisingly independent, often traveling around Singapore to find his favorite food spots. Some of his favorites included the Nasi Briyani from the old Shami Banana Leaf at Northpoint and the fried seafood platter at Manhattan Fish Market Restaurant which he could eat all by himself in a single sitting.

He can be a stubborn man, refusing to use a wheelchair even when it became difficult for him to walk. His mobility gradually decreased after sustaining a fall. I remember supporting him by the hand to buy his favorite I Zhou Kan magazine, which he read for the synopsis of upcoming Taiwanese drama episodes. He was hooked on a particular Taiwanese drama called 爱, which ran for a thousand episodes on Singapore's local Chinese channel 8.

Gong Gong also had a keen interest in the stock market, meticulously monitoring prices on Teletext and later attempting to use an iPad for the same purpose after the Teletext service ended. He enjoyed Chinese oldies, especially songs by Bai Xuan, and took great pleasure in our yearly tradition of commemorating Mama’s passing and celebrating his birthday. These gatherings were always filled with visits to the cemetery and dining together at a Chinese restaurant.

One fascinating tidbit about Gong Gong is his cameo appearance in the well-known writer Anthony Burgess’s novel "Time for a Tiger" He was described as a tall and thin Chinese boy who corrected another character about the cost of transport of airplane vs train. Incidentally, Anthony Burgess was a teacher at the Malay College Kuala Kangsar in 1954. It may very well be possible that he did cross path with my grandfather who was also a teacher back then and used his name as a cameo in that early novel of his.

Gong Gong raised his five children, including my mother, with great care, ensuring they all received an education abroad. His life was a testament to hard work, love, and dedication. Despite his fear of airplanes, which prevented him from accepting a scholarship to England, he found his path in education and made a significant impact on those around him.

Though it has been four years since his passing, we continue to miss him. Gong Gong, Fang Yong Sheak, may you rest in the everlasting peace of our Lord Jesus Christ, reunited with Grandma, whom you loved so dearly. We love you and will carry your memory in our hearts always.

Rest in peace, Gong Gong. You will be deeply missed but never forgotten.

Examining Suitable Courses of Action for Law Enforcement Officers Claiming Damages from Offenders Under Tort Law

Introduction

The role of law enforcement officers, including traffic officers, inherently involves risk, particularly when they engage in pursuits of offenders attempting to evade arrest. These situations can place officers in precarious and life-threatening conditions. A recent case highlighted this issue where a LTA (Land Transport Authority) traffic officer tragically lost his life while pursuing an offender who dangerously crossed multiple lanes and a divider onto an expressway. This raises the question: under existing tort law, is there a suitable course of action for police officers or traffic officers to claim damages or compensation from offenders whose actions during evasion place the officers' lives in jeopardy?

Existing Framework: Negligence and Its Limitations

Under the pre-existing tort law, a claim for negligence requires the plaintiff to prove several elements: duty of care, breach of duty, causation, and damages. In the context of an offender evading arrest, it seems contrived to argue that the offender owes a duty of care to the pursuing officer. Traditional negligence principles may appear inadequate for providing a mechanism for compensation in these circumstances. Proving that an offender had a duty to act reasonably towards a law enforcement officer, who is inherently involved in dangerous activities by virtue of their job, can be legally challenging and seems somewhat artificial.

The necessity of establishing a duty of care implies that the offender should consider that their actions might harm the pursuing officer. However, the very nature of evasion often involves reckless disregard for others' safety, complicating the application of negligence principles. Furthermore, causation requires a clear, direct link between the offender’s actions and the officer's injury, which may be difficult to substantiate due to the difficulty in drawing a direct causative link between the offender's action of evasion with the inherent risks involved in police pursuits.

Intentional Torts and Reckless Conduct

Another potential avenue could be the pursuit of intentional tort claims, such as assault or battery, if it can be demonstrated that the offender deliberately endangered the officer. However, proving intent in these cases is often more challenging than proving negligence. Reckless conduct, where the offender's actions show a blatant disregard for safety, could provide a middle ground, but it still demands a high standard of proof that might be impractical under the circumstances.

Need for Legal Evolution: A Specialized Tort for Law Enforcement

Given these challenges, it might be worth considering the development of a specialized statutory tort that addresses the unique risks faced by law enforcement officers during pursuits or in the course of duty. Such a tort could streamline the process of claiming compensation by recognizing the inherent duty offenders have to avoid endangering officers during evasion attempts. This new category of tort could be akin to strict liability, where proving the offender's intent or negligence is less burdensome.

This specialized tort could include the following elements:

1. Duty of Safety During Evasion: Establishing that offenders owe a heightened duty of care to law enforcement officers during evasion.
2. Presumption of Risk: Recognizing the inherent risks officers face, allowing for a presumption that any egregious attempt to evade arrest inherently breaches this duty.
3. Simplified Causation: Allowing causation to be inferred from the nature of the evasion, particularly when it involves reckless or dangerous maneuvers.

Conclusion

The tragic loss of a traffic officer during the pursuit of an offender underscores the possible inadequacies of the current tort law framework in addressing these unique situations. While negligence and intentional torts offer some avenues for claims, they require complex and often impractical proofs of duty and causation. The development of a specialized tort tailored to the needs of law enforcement officers could provide a more suitable and just mechanism for compensation, recognizing the inherent dangers these officers face in their line of duty. This evolution in tort law would ensure that offenders are held accountable for the risks they impose on pursuing officers, providing a clearer and fairer pathway for restitution.