Fresh Challenge to S377A
We reproduce the press release below.
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  in the world that criminalises physical relations between men, and one of only four countries in East and South East Asia  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.”