Article 12(1) of the Singapore Constitution states that all persons are equal before the law and entitled to the equal protection of the law.

The right to acquire, hold and dispose of property is enshrined in the Constitution. 'To acquire' means to become the owner. Unless there is a transfer of property to another or vesting and divesting of property, there cannot be said to be any acquisition of property. The acquisition must be through legal means. An usurper of another's property cannot justify his acquisition in law and is not protected either by Article 9, which protects liberty, or Article 12.

The term 'to hold' means to possess the property and enjoy the benefits which are ordinarily attached to the ownership, including its management. Your neighbour should not be able to sell your property which you have acquired. 'To dispose' means to transfer, assign or sell the property. The power to dispose of a property follows from the power to hold property.

The power to acquire, hold and dispose property is a 'liberty' that is protected by law.

If Article 12 (2) does not restrict the State from imposing unreasonable restrictions on the enjoyment of property, it would reduce the protection offered by the Constitution against an abuse of power by the State against a citizen's rights that are protected by the Constitution.

The word property in Article 12 (2) may not cover a mere contractual right for which a proper action is a suit for damages. Ms Prior's fears that her home is not really her home and can be taken from her by her neighbours may not be strictly accurate.

K.S. Rajah