Read the pdf version of this issue: Juris January 2007.

From the Chief Editor:
One of the most exciting legal developments in late 2006 and early 2007 has to be the proposed amendments to the Penal Code.

I am certain this will be something of interest to most law students, as we have spent many engaging hours debating passionately with each other and our lecturers/tutors over various issues in the Penal Code. Now that the month-long public consultation exercise has concluded, I am definitely looking forward to the parliamentary debates on these proposed amendments.

The objective of the proposed amendments is to make the law more relevant within the context of today’s social and crime conditions, keeping in mind the need to continue maintaining a safe and secure society.

Public feedback is one important way of ensuring that this key objective is achieved. The Straits Times reported (“Feedback focuses on sex laws”, 13 Dec 06) that the government received 252 responses from individuals, groups and some lawyers during the official feedback period.

The Penal Code is the foundation statute of Singapore’s criminal law. As such, the feedback received should arguably have been much greater. One way of increasing public feedback could be to widely publicise the public consultation exercise through various media channels. In Hong Kong SAR, for instance, public feedback on proposed amendments to significant legislation is publicised not only online, but also through the mass media. In particular, advertisements are regularly broadcast during prime time television viewing hours to alert the public to the proposed changes and feedback exercise.

Greater public contribution to and engagement in the Penal Code amendment process would arguably help create more comprehensive and socially relevant laws to better serve the criminal justice system and the people of Singapore.

On another note, the Singapore Law Review is kicking off the new school semester with a Writing Competition and Symposium, with fabulous prizes sponsored by TS Oon & Bazul. More details can be found on the SLR website, emails and on posters around BTC. Write and Win!
Maureen Poh

Articles in this issue:

  • An Overview of the Proposed Amendments by Kishan Pillay

    In November 2006, the Ministry of Home Affairs released a draft Penal Code (Amendment) Bill along with a Consultation Paper on the proposed amendments. The MHA invited public feedback on these proposed amendments which if successfully tabled in Parliament, will be the most extensive change made to our criminal legislation since 1984. Read the rest of the article.

  • When Presumed Consent is No Consent by Tan An Qi

    Rape is an instinctively appalling word. However, add a “marital” in front of it and the phrase instantly becomes less so and may even appear self-contradictory at first sight. The reason behind this lack of chemistry between the two words is simply that most people will not expect the latter to happen in the context of the former. Read the rest of the article.

  • In Conversation with AWARE by Tan An Qi

    In this special interview, the President of the Association of Women for Action & Research (AWARE), Ms Tan Joo Hymn, shares with us AWARE’s position on the recent Penal Code amendments. Read the rest of the article.

  • Re-scoping s.377A: A Juxtaposition of Views by Muhammad Aidil and Emily Choo

    The proposed repeal and re-scoping of s.377 decriminalises anal and oral sex done privately between consenting adult heterosexual couples aged above 16. However, homosexual acts, even when consented and done privately, still remain to be criminalised (s.377a). Read the rest of the article

  • With Regard to Extra-Territorial Jurisdiction by Kenneth Chua

    Arguably, extra territorial jurisdiction affronts the right of sovereign nations to govern their own affairs. The issue is not whether these nations are able to enforce their own laws but rather whether they see fit to even declare a pursuit or activity so socially objectionable as to designate it as a crime. If their society does not, how is it justifiable for another nation to ‘legislate’ that such activities are not to be performed in that country, albeit applying only to their citizens? Read the rest of the entry

  • Excuse Me, There is Liability in the Air by Ang Hou Fu

    It is not often that Singapore appears on the front page of Slashdot, a news site for tech-savvy Internet users, but when news of a 17 year old being charged for the crime of stealing his neighbour’s wireless Internet access was reported, readers protested at what some see as a “draconian” law coming from a “fine” country. Read the rest of the entry.