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Encyclopedia > LGBT rights in Singapore

Homosexual sex is illegal in Singapore. Constitutional rights for gay people are nonexistent for the most part, and penalties for crimes relating to homosexual acts is up to 2 year's jail (s377A). However, in 2007, during the Penal Code review, the Singapore government declared that private, consensual, adult homosexual sex would no longer be prosecuted but that its illegality would remain as a statement of the values of the "conservative majority".


LGBT rights Around the world By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      LGBT social movements share related goals of social acceptance of homosexuality, bisexuality, or transgenderism. ... Image File history File links Gay_flag. ...


Around the world World laws on homosexuality Legality of same-sex unions in the US. Legality of same-sex unions in Europe. ...


By country This list indexes the articles on LGBT rights in each country and significant non-country region (e. ...


History · Groups · Activists LGBT history refers to the history of lesbian, gay, bisexual, and transgender cultures around the world, dating back to the first recorded instances of same-sex love and sexuality within ancient civilizations. ... LGBT rights Around the world By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      Here is a list of gay-rights organizations around the world. ... A list of LGBT rights activists by country, in alphabetical order. ...


Declaration of Montreal Martina Navrátilová and Mark Tewksbury read the Declaration of Montreal at the opening ceremonies of the World Outgames. ...


Same-sex relationships Same-sex union can refer to: same-sex marriage -- the civil or religious rites of marriage that make it equivalent to opposite-sex marriages in all aspects. ...


Marriage · Adoption One of four newly wedded same-sex couples in a public wedding at Taiwan Pride 2006. ... LGBT adoption refers to the adoption of children by lesbian, gay, bisexual, or transgendered people. ...


Opposition · Discrimination LGBT rights Around the world By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      LGBT rights opposition refers to various movements or attitudes which oppose the extension of certain rights to lesbian and gay people, and by extension to bisexuals, and... Heterosexism is the presumption that everyone is straight or heterosexual (i. ...


Violence John Atherton, Bishop of Waterford and Lismore, was hanged for sodomy under a law that he had helped to institute. ...


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Contents

Legal

Section 377A of the Penal Code

Main article: Section 377A of the Penal Code (Singapore)

Section 377 - Repealed


Section 354 of the Penal Code (Outrage of Modesty)

Section 354 provides that if any person uses criminal force on any person intending to outrage, or knowing it would be likely to outrage, the modesty of that person, he shall be imprisoned for a maximum of 2 years, or with fine, or with caning, or with any 2 of such punishments. This article needs additional references or sources for verification. ...


In the early and mid-1990s, the police conducted undercover sting operations using handsome agents provocateurs in certain places such as Katong Park, the reclaimed land at Tanjong Rhu and even at East Coast Park where gay men were known to cruise or solicit for sex. From 1990-94, 50 homosexuals were charged under section 354. The usual punishment in 1993 was 2 to 6 months' imprisonment plus caning, usually 3 strokes. Tanjong Rhu is a residential neighbourhood in Singapore. ... East Coast Park The East Coast Park (Chinese: 东海岸公园; Malay: Taman Pantai Timur) is a beach park located on the southeastern coast of Singapore. ...


In 1994 a man was charged under section 354 for molesting an undercover police decoy by touching the policeman's penis. He was sentenced by the magistrate court to 4 months' imprisonment and 3 strokes of the cane. He appealed to the High Court against the sentencing. In the ensuing High Court case, Tan Boon Hock v PP (1994) 2 SLR 150, the Chief Justice reversed the magistrate's sentencing and imposed a fine of only $2000. Judicial power in Singapore is vested in the Supreme Court as well as surbodinate courts by the constitution. ... The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth- or other countries with an Anglosaxon type of justice, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme...


The Chief Justice ruled that imprisonment was inappropriate and a fine sufficed for a charge under section 354 because: The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth- or other countries with an Anglosaxon type of justice, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme...

  • (i) it was not a case where a male used criminal force to outrage the modesty of a vulnerable and unsuspecting female, and
  • (ii) in such undercover police operations to weed out gay men, there was implied consent by the police to be touched.

After this landmark case police operations have rarely been carried out. Even if there have been such operations since then, there have been no press reports documenting the prosecution of homosexuals under section 354 for outraging the modesty of police decoys.


Section 354 requires that the police or someone be touched. However, if no physical contact is made, homosexual behaviour can also be charged under Section 294A (see below).


Section 294A of the Penal Code (Obscene Act)

If the victim of an entrapment operation uses a symbolic gesture to signal intention to have sexual activity with the police decoy, he can be tried under section 294A of the Penal Code, which covers the commission of any obscene act in any public place to the annoyance of others (subject to a maximum of 3 months' jail, a fine, or both). From 1990 to 1994, there were 6 cases of obscene acts brought before the courts in this context. The accused were fined between $200-$800.


Miscellaneous Offences (Public Order and Nuisance) Act

The police can use section 19 (soliciting in a public place) of the Miscellaneous Offences (Public Order and Nuisance) Act, which covers both prostitution and soliciting "for any other immoral purpose". This offence carries a fine of up to $1,000, doubling on a subsequent conviction, including a jail term not exceeding 6 months.


According to documentation by National University of Singapore sociologist Laurence Leong Wai Teng[1], from 1990-94, there were 11 cases where gay men were charged for soliciting. They were fined between $200-$500. However, a Lawnet search revealed no reported cases of persons being charged under section 19. This does not mean, however that no persons were charged. They could have pleaded guilty and avoided trial, resulting in the absence of case law. University Cultural Centre The National University of Singapore (Abbreviation: NUS; Simplified Chinese: ; Hanyu Pinyin: ; Abbreviated 国大; Malay: Universiti Nasional Singapura; Tamil: சிங்கப்பூர் தேசிய பல்கலைக்கழகம்; Indonesian: Universitas Nasional Singapura) is Singapores oldest university. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz...


In the infamous Club One-Seven incident, three undercover policemen entered a gay sauna on July 23, 2001, at about 6:55 pm, climbed over a cubicle and arrested two men who were having sex in it. They were charged under section 20 of the Miscellaneous Offences (Public Order and Nuisance) Act which refers to "riotous, disorderly or indecent behaviour" in a public setting, liable on conviction to a fine not exceeding $1,000 or imprisonment not exceeding one month. They were eventually each fined $600. is the 204th day of the year (205th in leap years) in the Gregorian calendar. ... Year 2001 (MMI) was a common year starting on Monday (link displays the 2001 Gregorian calendar). ...


Government

Civil Service

Prior to 2003, homosexuals were barred from being employed in "sensitive positions" within the Singapore Civil Service. Then-Prime Minister Goh Chok Tong demolished this barrier in a widely publicised statement. [1] This is a Chinese name; the family name is Goh Goh Chok Tong (Simplified Chinese: ; Traditional Chinese: ; Pinyin: ; Hokkien: Gô· Chok-tòng; born May 20, 1941), was the second Prime Minister of the Republic of Singapore from November 28, 1990 to August 12, 2004, succeeding Lee Kuan Yew. ...


Singapore Armed Forces

Homosexuals and effeminate men are managed according to the dictates of a manpower directive issued by the Singapore Armed Forces (SAF). The Singapore Armed Forces (abbreviation: SAF, Malay: Angkatan Bersenjata Singapura, Simplified Chinese: ) comprises three branches: the Singapore Army, the Republic of Singapore Air Force (RSAF) and the Republic of Singapore Navy (RSN). ... The Singapore Armed Forces (abbreviation: SAF, Malay: Angkatan Bersenjata Singapura, Simplified Chinese: ) comprises three branches: the Singapore Army, the Republic of Singapore Air Force (RSAF) and the Republic of Singapore Navy (RSN). ...


Category 302

The most widely known and infamous classification is Category 302, a medical code given to personnel who are "homosexuals, transvestites, paedophiles, etc." Category 302 (popularly referred to as "cat 302") homosexuals are further classified into those "with effeminate behaviour" and those "without effeminate behaviour". This form of discrimination persists despite the fact that homosexuality was depathologised by the American Psychiatric Association in 1973, and homosexuality is not regarded as a psychiatric condition by the local medical profession. Moreover, the military's grouping of homosexuality and transvetism with paedophilia further reinforces the public misconception that it is abnormal.


Management

Self-declared or discovered servicemen are referred to the Psychological Medicine Branch of the Headquarters of Medical Services for a thorough psychiatric assessment, which involves their parents being called in for an interview.


They are medically downgraded to a Public Employment Status of C (PES C), regardless of their level of fitness, and put through modified Basic Military Training. On graduation, they are deployed in a vocation which has no security risks, posted to non-sensitive units and given a security status which restricts their access to classified documents.


Formerly, Category 302 personnel were not allowed to stay overnight in-camp, nor were they required to perform night duties, but these restrictions have been relaxed. Effeminate homosexuals are also posted to a holding list upon completion of National Service and not required to do reservist training, whilst non-effeminate ones have to undergo it in non-sensitive units.


Category 30-B

A less well known classification is Category 30-B, a medical code given to servicemen "with effeminate behaviour not amounting to sexual disorders". These individuals are further subdivided into "mildly effeminate", "effeminate" and "severely effeminate". Presumably, this group only includes effeminate heterosexual men and not homosexuals, so there have historically been very few servicement slapped with this label; hence, its relative obscurity.


Ministry of Community Development, Youth and Sports

In January 2006 the Ministry of Community Development, Youth and Sports (MCYS) granted S$100,000 (US$61,500) to Liberty League, an organisation affiliated with the so called ex-gay movement which "promotes gender and sexual health for the individual, family and society". [2] The Ministry of Community Development, Youth and Sports (Abbreviation: MCYS; Chinese: 新加坡社会发展、青年与体育部) is a ministry of the Singapore Government. ... The Liberty League is an intercollegiate athletic conference affiliated with the NCAA’s Division III. Member institutions are all located in the State of New York. ... The ex-gay or exodus movement claims that homosexuals can become heterosexual or otherwise leave homosexuality behind through counselling, prayer, and other therapies if they choose to do so. ...


References

Lim Wee Kuan (2002-10-01). Gay Law: Emancipation And Emasculation. Retrieved on 2006-08-30.
  1. ^ Simon Elegant (2003-07-07). The Lion In Winter. Time Asia.
  2. ^ Sylvia Tan (2006-01-17). Singapore government awards S$100,000 grant to group with ex-gay affiliation. Fridae.com.

 
 

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