issues not related to national security and the constitutionality of the 1989 amendments to the ISA. Parliament also introduced into the ISA section 8D, which dictates that the Internal Security (Amendment) Act 1989 is to be applied retrospectively to proceedings instituted "before or after" 30 January 1989. Article 11(1) of the Constitution states: "No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed." Though the 1989 amendments to the ISA did not retrospectively introduce any criminal offences, the legislature saw fit to amend Article 149(1) by inserting a reference to Article 11 to forestall any possible arguments on section 8D's inconsistency with the Article. As the Minister for Law S. Jayakumar said in Parliament: "The reference to Article 11 is necessary to ensure the retrospective application of the Internal Security (Amendment) Bill is not challenged." The test for judicial review on matters not relating to the ISA remains the objective test. In Kamal Jit Singh v. Minister for Home Affairs (1992), the High Court held that validity of detention under the Criminal Law (Temporary Provisions) Act is not dependent on the Minister's subjective satisfaction. Rather, the Minister must be objectively satisfied that the person was associated with criminal activities. Academic views Mala fides situations While the current law in Singapore holds that the Home Affairs Minister's decision is subjective and not judicially reviewable, there is uncertainty whether there are exceptional situations in which the courts may still step in to practice judicial review even though the ISA deals with national security matters. A possible exception is when the Minister's decision was made mala fides, that is, in bad faith. Such decisions would involve the clear abuse of power, such as being "detained solely for having red hair or for failing a professional examination or for having acted as a lawyer against the Government". However, the law on this issue is presently unclear. In Lee Mau Seng, the High Court said that mala fides was not a justiciable issue in relation to the ISA. A similar stance was taken in Malaysia in Karam Singh. However, in Teo Soh Lung the Court of Appeal said that it did not need to decide whether Lee Mau Seng has precluded judicial