Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal Code. Other important offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
In addition, there is a perception that Singapore society is highly regulated through the criminalization of many activities which are considered as fairly harmless in other countries. These include failing to flush toilets after use, littering, jaywalking, the possession of pornography, the sale of chewing gum, and certain forms of sexual activity such as oral and anal sex. Singaporeans make fun of this – a common slogan on T-shirts sold to tourists is “Singapore is a fine city” (the word ‘fine’, of course, meaning both ‘great’ as well as ‘a monetary penalty’). Nonetheless, one of the results of such heavy regulation is that Singapore is one of the safest countries in the world, with a low incidence of violent crimes. A catchphrase recently used in a police anti-crime campaign was “Low crime does not mean no crime”.
Singapore retains both corporal punishment in the form of caning and capital punishment by hanging as punishments for serious offences. For certain offences, the imposition of these penalties is mandatory. More than 400 people were executed in Singapore, mostly for drug trafficking, between 1991 and 2004. [citation needed] It is thus said that Singapore has one of the highest execution rates in the world relative to its population. Science fiction writer William Gibson has described Singapore as “Disneyland with the death penalty”.
Contents
1 History
1.1 Criminal law: The Penal Code
1.2 Criminal procedure
2 The Penal Code
2.1 Chapter IV: General exceptions
2.2 Chapter VIII: Offences against the public tranquility
2.3 Sexual offences
3 Other offences
3.1 Drug trafficking
4 Notes
5 Further reading
6 See also
6.1 Selected Singapore criminal statutes
History
Criminal law: The Penal Code
For most of the 19th century the criminal law which applied in the Straits Settlements (comprising Price of Wales’ Island (Penang), Singapore and Malacca) was that of the United Kingdom, in so far as local circumstances permitted. There was little doubt that at the time English common law crimes were recognized in these territories. However, due to problems such as doubts as to the applicability of Indian Acts, in 1871 the Straits Settlements Penal Code 1871 was enacted. It came into operation on 16 September 1872. The Code was practically a re-enactment of the Indian Penal Code.
Over the years, the Penal Code has been amended several times. In 1973 punishments for certain offences were enhanced, and by the Penal Code (Amendment) Act 1984, which came into effect on 31 August 1984, mandatory minimum penalties were introduced for certain offences.
Criminal procedure
Prior to 1870 the law relating to criminal procedure in force in Singapore was found mainly in the Indian Criminal Procedure Act 1852, which was applicable because the Supreme Government of India had power to legislate for the Straits Settlements. After the passing of the Penal Code in 1871, the Indian Act was replaced by the Criminal Procedure Ordinance. However, in general it continued to apply the English system of criminal procedure to the Penal Code. This was subsequently found to be impracticable as the Penal Code had done away with the division of crimes into felonies and misdemeanors. Accordingly, the Criminal Procedure Ordinance 1873 was passed to remedy the situation. The Ordinance also did away with the procedure for indictments in favor of charges for all criminal offences; and abolished the grand jury, and special and common juries.
A new Code of Criminal Procedure was enacted in 1902. The present Criminal Procedure Code was passed by the Legislative Council of the Colony of Singapore on 28 January 1955. All criminal offences under the Penal Code or other statutes are inquired into and tried according to the Criminal Procedure Code.
The Penal Code
The Penal Code has over 500 sections, and is divided into the following 24 chapters:
Chapter I: Preliminary.
Chapter II: General Explanations.
Chapter III: Punishments.
Chapter IV: General Exceptions.
Chapter V: Abetment.
Chapter VA: Criminal Conspiracy.
Chapter VI: Offences Against the State.
Chapter VIA: Piracy.
Chapter VII: Offences Relating to the Armed Forces.
Chapter VIII: Offences Against the Public Tranquility.
Chapter IX: Offences By or Relating to Public Servants.
Chapter X: Contempts of the Authority of Public Servants.
Chapter XI: False Evidence and Offences Against Public Justice.
Chapter XII: Offences Relating to Coin and Government Stamps.
Chapter XIII: Offences Relating to Weights and Measures.
Chapter XIV: Offences Affecting the Public Health, Safety, Convenience, Decency and Morals.
Chapter XV: Offences Relating to Religion.
Chapter XVI: Offences Affecting the Human Body.
Offences Affecting Life.
Causing Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Births.
Hurt.
Wrongful Restraint and Wrongful Confinement.
Criminal Force and Assault.
Kidnapping, Abduction, Slavery and Forced Labor.
Rape.
Unnatural Offences.
Chapter XVII: Offences Affecting Property.
Theft.
Extortion.
Robbery and Gang-Robbery.
Criminal Misappropriation of Property.
Criminal Breach of Trust.
Receiving Stolen Property.
Cheating.
Fraudulent Deeds and Dispositions of Property.
Mischief.
Criminal Trespass.
Chapter XVIII: Offences Relating to Documents and to Currency Notes and Bank Notes.
Currency Notes and Bank Notes.
[There is no Chapter XIX.]
Chapter XX: Offences Relating to Marriage.
Chapter XXI: Defamation.
Chapter XXII: Criminal Intimidation, Insult and Annoyance.
Chapter XXIII: Attempts to Commit Offences.
The Penal Code defines the elements of each offence and prescribes the maximum, and occasionally also the minimum, penalties for them. The basic form of an offence (commonly referred to as the ’simple offence’ or, using Latin terminology, as the ‘offence simpliciter’) has the lowest penalties. More serious forms of the offence are defined as separate offences and attract stiffer penalties.
For instance, theft is defined in section 378 of the Code, and section 379 makes simple theft (or theft simpliciter) an offence punishable with imprisonment of up to three years or with fine or both. Section 379A punishes the theft of a motor vehicle or any component part of a motor vehicle with imprisonment of not less than one year and not more than seven years and a fine. Sections 380 and 381 respectively make it offences to commit theft in any building, tent or vessel which is used as a human dwelling or for the custody of property; and, while being a clerk or servant, or being employed in the capacity of a clerk or servant, to commit theft of any property in the possession of one’s master or employer. In both cases the penalty is imprisonment of up to seven years and a fine. The most serious theft offence is that of committing theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit the theft, or in order to effect an escape after committing the theft, or in order to retain property taken by the theft. The maximum penalty is imprisonment for up to ten years and caning with not less than three strokes.
An offender is usually charged with the most serious offences that can be established on the facts of the case. On representations being made by the offender’s lawyer to the prosecuting authority, the Prosecution may agree to charge the offender with lesser offences provided that he or she agrees to plead guilty to the reduced charges.
Some salient aspects of the Penal Code and commonly-encountered criminal offences are described in the sub-sections below.
Chapter IV: General exceptions
An act does not constitute a criminal offence if any of the following general exceptions applies:
Mistake of fact – If it is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. For instance, A, an officer of a court of justice, being ordered by that court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.
Judge acting judicially – If it is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
Act done pursuant to judgment or order of court – If it is done in pursuance of, or which is warranted by the judgment or order of a court of justice, if done while the judgment or order remains in force, notwithstanding the court may have had no jurisdiction to pass the judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction.
Act justified by law, or believed to be justified by law by mistake of fact – If it is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it. For example, A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defense.
Accident – If is done by accident or misfortune, and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution.
Act done without criminal intent to prevent other harm – If, merely by reason of its being done with the knowledge that it is likely to cause harm, it is done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Act of a child under seven years – If it is done by a child under seven years of age.
Act of a child above seven and under 12 years who has not sufficient maturity of understanding – If it is done by a child above seven years of age and under 12, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.
Unsoundness of mind – If it is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
Intoxication is one of the general exceptions to a criminal offence in Singapore, but only under certain limited circumstances. Intoxication – If by reason of intoxication the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and —
(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b) the person charged was, by reason of intoxication, insane, temporarily or otherwise, at the time of such act or omission.
Consent –
If a person above 18 years of age has given consent, whether express or implied, to suffer harm or to take the risk of harm, provided that the act is not intended to cause death or grievous hurt, and is not known by the doer to be likely to cause death or grievous hurt.
If an act is done to a person for his benefit in good faith, and the person has given consent, whether express or implied, to suffer harm or to take the risk of harm, provided that the act is not intended to cause death.
If an act is done in good faith for the benefit of a person under 12 years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person.
Act done in good faith for benefit of person without consent – If an act is done to a person for his benefit in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit.
Communication made in good faith – If it is a communication made in good faith for the benefit of a person.
Compulsion by threats – If it is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence. The exception does not apply to murder and offences against the State punishable with death.
Act causing slight harm – If it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Private defense – If it is done in the exercise of the right of private defense.
Chapter VIII: Offences against the public tranquility
Malay Muslims riot in the 1964 Race Riots near Kallang, Singapore, due to racial and religious tensions existing at the time.
Unlawful assembly – An assembly of five or more persons is an “unlawful assembly” if the common object of the persons composing that assembly is —
(a) to overawe by criminal force, or show of criminal force, the Legislative or Executive Government, or any public servant in the exercise of the lawful power of such public servant;
(b) to resist the execution of any law, or of any legal process;
(c) to commit any mischief or criminal trespass, or other offence;
(d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
(e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
The punishment for being a member of an unlawful assembly is imprisonment of up to six months, or a fine, or both.
Rioting – The offence of rioting is committed whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of the assembly. The punishment for rioting is imprisonment of up to five years and caning, or imprisonment of up to seven years and caning if a person is found rioting while armed with a deadly weapon.
Affray – An affray is committed when two or more persons fight in a public place and disturb the public peace. The punishment for affray is imprisonment of up to one year, or a fine of up to S$1,000, or both.
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 criminalized by section 377 of the Singapore Penal Code, though the latter has only infrequently been enforced and is set to change. In practice, private acts between consenting adults are not the subject matter of prosecution. Homosexuality in Singapore is not illegal, but homosexual acts are considered “against the order of nature” as well. Nevertheless, large-scale outdoor gay parties had been discreetly approved by the authorities from 2001 to 2004. These parties were advertised throughout Southeast Asia and attracted a large audience until a conservative backlash beginning in 2004, attributed to an increase in HIV infection within the gay community, put a stop to their official sanctioning and led to their banning.
Prostitution is tolerated in designated red-light districts, but 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). Punishment for statutory rape shall be imprisonment not less than 8 years and not more than 20 years and also punished with caning not less than 12 strokes (Section 376, Penal Code).
Any man who has carnal knowledge of a woman (grand-daughter, daughter, sister, half-sister or mother) with or without the consent or any woman (of age above 16) with or without consent permits a man (grandfather, father, brother, half-brother or son) is said to commit incest (Section 376A (a) and (b), Penal Code). The punishment for incest for males/females shall be imprisonment of a term up to 5 years and if the woman is found to be under the age of fourteen, the imprisonment maybe up to 14 years (Section 376B, Penal Code).
Other offences
Drug trafficking
Narcotics laws established by the Misuse of Drugs Act are very strict.
Anyone caught with more than or equal to 15 g (0.5 ounces) of heroin, 28 g (1 ounce) of morphine or 480 g (17 ounces) of cannabis faces mandatory capital punishment, as they are deemed to be trafficking in these substances. The stated quantities are the nett weight of the substances after they have been isolated by laboratory analysis. From 1991-2004, 400 people have been hanged in Singapore, mostly for drug trafficking, the highest per-capita execution rate in the world. See Singapore Government’s response to accusations regarding its use of capital punishment.
