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The Law system in Singapore is based on the English Common Law system. It has kept many of the English laws that were subsequently repealed in the United Kingdom and other nations, and added additional laws specific to Singapore. Thus, it is generally strict and aimed at instilling a self-disciplined society with restrictions and harsh punishments, such as using Caning and Execution . The idea has been poked fun at by its citizens, who remark that ''"Singapore is a fine city"'' ("fine" referring to a monetary fine). Singapore is one of the safest countries in the world, with low incidence of violent crimes. Both locals and tourists generally feel safe in the country. Currently, . Chewing gum has been recently legalized as part of a U.S trade agreement. Bans on bar top dancing and Bungee Jumping have also been lifted. HISTORY For most of the 19th century the criminal law which was applied in the Three Straits Settlements of Singapore, Penang and Malacca was that of the United Kingdom , in so far as local circumstances were permitted. There was little doubt that English common law crimes were recognised in these territories at the time. Certain problems, such as the application of certain Indian Acts, however, arose in 1871 and the Straits Settlements Penal Code was passed. It came into operation on 16 September 1872. The Code is practically a re-enactment of the Indian Penal Code. The original Code, as amended on numerous occasions, presently states the law of Singapore. The most recent amendment was made by the Penal Code (Amendment) Act 1984 which came into effect on 31 August 1984. The effect of this amendment was that minimum penalties were provided for certain offences. The last major amendment of the Code prior to 1984 took place in 1973 when punishments for certain offences were enhanced. Prior to 1870 the law relating to Criminal Procedure in force in Singapore was mainly found in the Indian Act XVI of 1852. As a consequence of the passing of the Straits Settlements Penal Code in 1871, the Criminal Procedure Ordinance V of 1870 was passed which replaced the Criminal Procedure Act XVI of 1852 but continued the English system of Criminal Procedure and made it applicable to the Penal Code. This was found impracticable as the Penal Code did away with the division of crimes into felonies and misdemeanours and the Criminal Procedure Ordinance VI of 1873 was passed accordingly. The Ordinance VI of 1873 marked the passage of the English Criminal Law in favour of the Indian. The Ordinance did away with indictments and instituted charges for all criminal offences; it abolished the Grand Jury and Special and Common Juries. A new Code of Criminal Procedure was enacted in 1902. The present Code was passed by the Legislative Council on 28 January 1955. It repeals and re-enacts with the amendments the previous Code. All offences under the Penal Code are inquired into and tried according to the Criminal Procedure Code. Source: Electric Law Library LEGISLATION Generally all of the laws are created in the Parliament Of Singapore and are nationally binding. Because there is no distinction between National Government and Local Government , the law of Singapore has properties of both, which explains some of the unique properties of Singaporean law. Political opposition alleges that the Political Atmosphere Of Singapore does not accommodate popular dissent of problematic laws, especially those that deal with Political Rights issues. Civil Rights tends not to be an issue except where sexual behaviour is concerned. As Singapore is a City-state , opposition parties have recently called for a more Direct Method for the population to contest laws. EXAMPLES OF CURRENT LAWS Here are some examples of laws currently in effect:
CENSORSHIP See Also: Censorship in Singapore Press
Films and videos Depiction of sex and nudity is restricted at the various mature ratings (NC16,M18,R21); movies containing graphic nudity, explicit sex or high levels of strong graphic violence are usually categorised as Restricted 21 (R21). Any outright denigration of race or religion, matters that threaten national interest, or depictions of hardcore pornographic, offensive or deviant sexual activities are banned. A short documentary called ''A Vision of Persistence'' on opposition politician J. B. Jeyaretnam was also banned for being a "political film". The makers of the documentary, all lecturers at the Ngee Ann Polytechnic, later submitted written apologies and withdrew it from being screened at the 2001 Singapore International Film Festival in April, having been told they could be charged in court. In a more recent case, another short documentary called '' Singapore Rebel '' by Martyn See Tong Ming, which documented Singapore Democratic Party leader Dr Chee Soon Juan 's acts of civil disobedience, was banned from the 2005 Singapore International Film Festival for being a "political film". By contrast, Channel News Asia's five-part documentary series on Singapore's PAP ministers in 2005 were not considered as such. Broadcasting Two major companies SPH Holdings and MediaCorp have a virtual monopoly of the media industry. Mediacorp is a state owned company, while SPH is partly owned by Temasek Holdings, government-backed investment company. Private ownership of Satellite dishes is banned, though international TV broadcasts (such as CNN , BBC , etc) are available on StarHub 's Cable TV service. Owing to the Government's policy of promoting Mandarin Chinese , for many years local television was not allowed to show programmes in Cantonese , meaning that popular TV serials from Hong Kong had to be dubbed into Mandarin. Similarly, local newspapers were not allowed to carry listings for Malaysia 's TV3 , which showed programmes in Cantonese. However, Hong Kong's TVB , broadcasting in Cantonese, is now available on cable, although TV3 is not. Internet Internet services provided by the three major Internet Service Providers (ISPs) are subject to regulation by the Media Development Authority to block websites containing material that may be a threat to public security, national defense, racial and religious harmony and public morality, and Police are given broad powers to intercept messages online. The Ministry of Education, Singapore blocks access to pornographic and similar objectionable internet sites on its Proxy Servers , but this practice is common throughout the world's educational establishments. In September 2005 , 3 people have been arrested and charged with Sedition for posting Racist comments on the Internet, of which two have been sentenced to Imprisonment . There are growing fears of the Chilling Effect with the increasing threat of legal action, including a warning by the Teachers' Union to sue students who defame teachers on their Blog s. DRUG TRAFFICKING
PUBLIC ASSEMBLY In Singapore, a police permit is required for holding an assembly in a public place. Any public assembly or procession of five or more persons in any public place without a permit is an offence under the Miscellaneous Offences (Public Order And Nuisance) (Assemblies and Processions) Rules. {Link without Title} The rationale given for this law is that a large group of people who gather for a peaceful purpose can turn violent. In the 1950s and 1960s, there have been several violent riots in Singapore, the last incident being the 1964 Race Riots which killed 36 people. Since then, there have been only a few minor protests. Nonetheless the authority continues to take a tough stance against unlicensed outdoor protests. On 31 December 2000, fifteen members of Falun Gong consisting of thirteen foreigners and two Singaporeans were arrested at MacRitchie Park for holding an illegal assembly. {Link without Title} SEXUAL OFFENCES Sex deemed by the Government to be "against the order of nature", including Anal Sex and Oral Sex (except as a precursor to conventional intercourse), is criminalised by Section 377 Of The Singapore Penal Code , though the latter has only infrequently been enforced. Homosexuality In Singapore is not illegal, but homosexual acts are considered "against the order of nature" as well. This issue is being actively addressed, however, by the Singapore Gay Equality Movement . The Singaporean government is trying to shed its Homophobic image and indeed, large-scale outdoor gay parties had been discreetly approved by the authorities since 2001. These parties were advertised throughout Southeast Asia and attracted a large audience until a conservative backlash beginning in 2004, attributed to the alarming increase in HIV infection within the gay community, put a stop to their official sanctioning. Prostitution is tolerated in designated red-light districts, and Soliciting For Sex In Public is illegal. Sexual Intercourse with any girl below the age of sixteen years except by way of marriage is an offence (Section 140, Women's Charter); if the girl is below the age of fourteen, it is a Statutory Rape even with her consent (Section 375, Penal Code). RECENT DEVELOPMENTS In recent years, the Singapore government has relaxed some of the stricter laws. For example, bungee jumping is no longer illegal. There are also several signs that the government is considering relaxing a number of laws concerning homosexual acts. It is of note that while some archaic laws do remain from British common law, the judiciary does not ordinarily enforce these laws. For instance, while possession of pornography is illegal, no known checks have been made. However, in 2004, Chief Justice Yong Pung How sentenced a 25-year-old former policeman, Annis Abdullah, to jail for 12 months for receiving oral sex from a teenage girl. In his statement he said that despite growing permissiveness in some countries there were "certain offences that are so repulsive in Asian culture". The case concerning an American teenager, Michael Fay , generated intense media interest in the United States after he was caught in 1994 for vandalising cars in Singapore and was sentenced to Caning . A formal request was made by the American government not to carry out the sentence, but it was rejected by the Singapore government although the number of caning strokes was reduced. Film Censorship has also been relaxed in Singapore recently. In 1991, the R(A) rating was introduced to allow adult type films that contain nudity and violence to be shown for the first time, for those aged 18 years and above. The scheme was later replaced by a set of several ratings for different groups of audience, namely G (General audience), PG (Parental guidance), NC16 (not for children under 16), M18 (matured 18), and R21 (restricted 21). DVDs and VCDs rated up to M18 are allowed. In addition, the country's only cable TV network, StarHub , is allowed to show a number of previously banned programmes that contain restricted content, such as '' Sex And The City '', under the ratings NC16 and M18 after 10 pm, with some scenes removed. On 18 April 2005 , the government relaxed the ban on gambling and allowed the development of two Integrated Resort s with Casino s. Both are expected to open by 2009. However, locals who wish to enter the casinos must pay a daily entry fee of S$100 or an annual entry pass of S$2,000. This is to reduce the negative effect of Compulsive Gambling in the society. The entry fees will be used to educate and counsel Singaporeans that have gambling habits. The government hopes that by having casinos, it will boost the tourism industry, which has been declining in recent years. SEE ALSO EXTERNAL LINKS |
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