A Singaporean Dad Is Suing A School Principal For Confiscating His Son's iPhone 7
The student's father also filed an interim mandatory injunction to return the confiscated phone immediately, but it was dismissed by the court.
By Tang Ruxyn — 08 Jun 2017, 12:59 PM
One of Singapore's most prestigious all-boys' schools has made headlines after the school authorities confiscated a student's phone because he used it during school hours
It was reported recently that a Secondary Two student from Anglo-Chinese School (Barker Road) had broken school rules when he used his iPhone 7 during school hours on 8 March.
It was only about two weeks later, on 20 March, that the school principal was informed about the incident.
This led to a confrontation on the matter the next day on 21 March, to which the student admitted to using the phone during school hours. He also acknowledged that he is aware of the consequences for breaking the school rules.
Following the meeting, the school authorities returned the SIM card in the phone but confiscated the phone for a total of three months.
Following the incident, the student's parent's immediate reaction was to plead to the school principal to reconsider the punishment
The student's father, unnamed in reports, sent an email on 21 March to the school principal. In the email, he requested for the phone to be returned to his son and listed four reasons for it:
1. He has claimed that he owns the phone and "the retention of the phone amounts to the tort of conversion" - which involves the infringement on property rights
2. He said that "a three-month confiscation is disproportionate to the offence"
3. His son has assured him that he would not break the rule on phone use again
4. His son had thought that he was allowed to use the phone as his classes had ended for the day
"He needs his mobile phone for a number of reasons and it is not acceptable that it be taken away," he wrote in the email.
The father did not receive a response so he decided to send a letter of demand two days later. When that was ignored, the man took matters to court.
According to court documents, the student's father had commenced legal proceedings against the school principal on 29 March.
He also filed an interim mandatory injunction on 30 March, that the principal returns the confiscated phone to his offspring immediately. The court heard the application on 28 April but the injunction was rejected.
District Judge Clement Julien Tan said that what the principal did - to confiscate the phone for a period of three months - is in fact, in accordance with the school's rules
Below is an excerpt of what District Judge Tan said:
"Further, it is undisputed that the plaintiff’s son flouted the Phone Rule by using the Phone during school hours. By confiscating the Phone, the defendant had merely sought to enforce the Phone Rule, which he had authority to do.
"All proper procedures were also adhered to in the lead up to the confiscation of the Phone. The defendant’s evidence is also that the Phone Rule is applied consistently and uniformly across the student body and that there is no reason for the plaintiff’s son to be treated differently.
"On this point, I note that whilst the plaintiff took issue with the harshness of the punishment in his email of 21 March 2017, the plaintiff did not raise any issue with the reasonableness of the Phone Rule in these proceedings. Hence, I accept that the defendant’s refusal to return the Phone until 20 June 2017 is justifiable."
It was reported that the lawsuit against the school principal is still pending.
Meanwhile, many netizens have voiced out their support for the school principal ever since the issue was widely reported by Singaporean media on 6 June.
