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Thursday, September 29, 2011

Singapore Court of Appeal to hear section 377A constitutional challenge application

Singapore Court of Appeal to hear section 377A constitutional challenge application, Sep 27
by News Editor

The Court of Appeal will hear an appeal filed by human rights lawyer M. Ravi on behalf of his client Tan Eng Hong who is seeking to challenge the constitutionality of Section 377A of the Penal Code that prohibits sexual relations between men.

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The Court of Appeal is scheduled to hear an appeal filed by an openly gay man, Tan Eng Hong on Sep 26 at 10am.

M. Ravi
Tan is seeking to challenge the constitutionality of Section 377A of the Penal Code that prohibits sexual relations between men.

In a judgement dated 15 March 2011, High Court judge Lai Siu Chiu ruled that while Tan did have locus standi meaning he is affected by this law to have a legitimate interest or standing in the issue, she also ruled that there was no "real controversy" which required the court’s attention - meaning that it was not a matter of importance to be decided by a court.

The application was filed by prominent human rights lawyer M. Ravi on behalf of his client Tan, who was originally charged under Section 377A for allegedly having oral sex with another consenting male in a public toilet. The charge was later reduced to one under Section 294 which provides for a jail term of up to three months, or fine, or both for "any obscene act in any public place." Tan was fined S$3000 for committing an obscene act in public.

Members of the public can attend the hearing at the Court of Appeal on level 9 of the Supreme Court Building.

Related Links

High Court waves away 377A controversy (Yawning Bread)

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