Fresh Challenge to S377A
We reproduce the press release below.
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30 Nov 2012 (Singapore) – A fresh challenge has been made today against s 377A of the Penal Code, which criminalizes physical relations between two men. Gary Lim and Kenneth Chee, partners for 15 years, filed the challenge following a recent landmark ruling by the Court of Appeal in Tan Eng Hong v Attorney General (“Tan Eng Hong”) that clarifies that the very existence of an unconstitutional law in the statute books may suffice to show a violation of an applicant’s constitutional rights.
Singapore is the only one among thirty-five advanced economies [1] in the world that criminalises physical relations between men, and one of only four countries in East and South East Asia [2] to do so. Though the Prime Minister stated in parliament 5 years ago that s 377A would not be ‘pro-actively’ enforced, there have been cases since where individuals have been threatened and charged with s 377A by the police, which was remarked upon by the Court of Appeal.
“I don’t live in fear every day that I will get caught by the police because of my relationship with Gary but I know that s 377A labels me a criminal,” said Kenneth.
Gary adds: “While lawmakers have stated in Parliament that s 377A will not be ‘pro-actively’ enforced, this is not enough because it leaves the possibility of ‘passive enforcement’, should someone decided to make a complaint against us one day.”