Archives of Parliamentary Excerpts, Press Releases, and Speeches
4 October 2008
JBJ in Memorial
21 January 2008
Speech in Parliament by Chiam See Tong on HDB upgrading
22 October 2007
Amendment of the Panel Code
5 October 2007
Press release on Myanmar's Military Junta
22 May 2007
Parliamentary Debates
9 April 2007
Speech in Parliament by Chiam See Tong on Ministers' salary hikes
4 February 2007
Speech during MP's dialogue session by Lim Bak Chuan on GST increase
Mr Chiam See Tong (Potong Pasir): Thank you, Sir, for allowing me to join in this debate.
The last amendment to the Penal Code was 22 years ago, in 1985. The amendments that we are making today must be one of the most extensive provisions in the Penal Code, mostly enhancing the punishment sections. The use of caning has been expanded. Cesare Beccaria, the Italian philosopher, in 1766, wrote:
'The objectives of the penal code system of a country should be to devise penalties only severe enough to achieve the proper purposes of security and order. Anything in excess is tyranny.'
I think if he were alive today, he would brand the majority of the punishment section meted out in the Penal Code as tyrannical, eg, under section 338, a person commits a negligent act. A negligent act usually is one which does not have an intention. It is only due to carelessness. As in law, they say it has got no mens rea or no intention to harm anyone. Yet, one who commits a negligent act, although the act is a dangerous act, it is punished severely with two years jail, or $5,000 fine or both. I think the sentence is too severe for a negligent act.
The Bill has amended the definition of "imprisonment for life", to mean imprisonment for the duration of a person's natural life. This is in contrast to the old definition of "imprisonment for life", to mean imprisonment for 20 years. Judges can now lock up a person for good without any chance of parole or early release. With this amendment, are we looking forward to the abolition of capital punishment for certain less serious crimes, like drug trafficking, whilst retaining it for more heinous crimes like murder and treason?
Great Britain abolished the death penalty in 1965 and has since not restored it. Nearly all the EU members agreed to do away with the death penalty. Those countries which have abolished the death penalty consider it as inhuman and very cruel as a punishment. As a deterrent, the death penalty has its use. Singapore has used the death penalty for drug trafficking because the Government believes that it is a good deterrent. Actually, the traffickers who are caught and hanged are only the petty runners. The syndicate bosses are not caught. They still exist and the drug problem is still with us. The Government should give it a try and abolish the death penalty for drug trafficking, say, for four or five years. And if the situation deteriorates and does not improve, the death penalty can be restored.
Under the new definition, once a trafficker is caught and he is sentenced to imprisonment for life, he shall be put out of circulation permanently. For that person, it is as good as being hanged. With such an enlightened law, Singapore shall be viewed in a better light. We shall not be branded an"uncivilised" country and more Europeans shall be coming to Singapore as their holiday destination.
I am glad to see that there are so many amendments in the Bill which stop the exploitation of young girls. These crimes now attract enhanced punishment and longer prison terms. Rape is a serious crime. The jail sentence remains at a maximum of 20 years and to a fine. When the crime is committed against a woman of under 14 years against her consent, there is a minimum jail sentence of eight years and also mandatory caning of 12 strokes. I think this sentence is right. If a young girl under 14 is sexually attacked, her whole life may be ruined.
There are amendments against commercial sex and minors below 18 years of age outside Singapore. Tour operators of commercial sex with minors under 18 are also caught under the new section 376D. The Government takes these crimes seriously because any person caught having sex with minors, whether inside or outside Singapore, shall be liable to a maximum jail sentence of two years. And for tour operators who organise such tours outside Singapore shall be liable to a jail sentence which may extend to 10 years or with a fine or both. This heavy jail sentence shows that the Government is taking these crimes seriously.