| Discrimination Against Homosexuals In Singapore |
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LEGAL Section 377 and 377A of the Penal Code Most of the institutionalised discrimination against homosexuals stems from Section 377 Of The Singapore Penal Code which criminalises penetrative non-reproductive sex between all persons regardless of gender, and sub- Section 377A which criminalises non-penetrative sexual acts specifically between men. However, there are other portions of the Singapore Statutes which can be employed to criminalise homosexual behaviour. 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. 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. 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. The Chief Justice ruled that imprisonment was inappropriate and a fine sufficed for a charge under section 354 because:
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 prosection 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 the following law. 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 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 . In the by-now infamous Club One-Seven incident, 3 undercover policemen entered a gay sauna on 23 July 2001 at about 1855 hours, climbed over a cubicle and arrested 2 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. GOVERNMENT Civil Service Prior to 2003, homosexuals were barred from being employed in "sensitive positions" within the Singapore Civil Service. Prime Minister Goh Chok Tong demolished this barrier in a widely publicised statement in the 7 July 2003 issue of Time (Asia) magazine: {Link without Title}
Singapore Armed Forces Homosexuality and transgenderism are listed as conditions in a Singapore Armed Forces ( SAF ) 'Directory of Diseases' and recruits who out themselves to the examining doctors at the Central Manpower Base ( CMPB ) have their 'deployability' denied in sensitive positions. They are classified as Category 302 personnel, downgraded to a Public Employment Status of 3 (PES3) and assigned only to clerical work at army bases. 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".
SOCIAL EXTERNAL LINKS AND REFERENCES
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