Caning in Singapore

Caning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school, and domestic or private. These practices of caning are largely a legacy of, and are influenced by, British colonial rule in Singapore.[1]

Of these, judicial caning, for which Singapore is best known, is the most severe. It is reserved for male convicts under the age of 50, for a wide range of offences under the Criminal Procedure Code, and is also used as a disciplinary measure in prisons. Caning is also a legal form of punishment for delinquent servicemen in the Singapore Armed Forces (SAF) and is conducted in the SAF Detention Barracks. Caning is also used as an official punishment in reform schools.

In a milder form, caning is used to punish male students in primary and secondary schools for serious misbehaviour. The government encourages this but does not allow caning for female students, who instead receive alternative forms of punishment such as detention.

A much smaller cane or other implement is also used by some parents to punish their children for misbehaving. This is allowed in Singapore but not encouraged by the government.

Judicial caning

History

Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Malaya and Singapore by the British Empire in the 19th century. It was formally codified under the Straits Settlements Penal Code Ordinance IV in 1871.[1]

In that era, offences punishable by caning were similar to those punishable by birching or flogging in England and Wales. They included robbery, aggravated forms of theft, burglary, assault with the intention of sexual abuse, a second or subsequent conviction of rape, a second or subsequent offence relating to prostitution, and living on or trading in prostitution.[1]

Caning remained on the statute book after Malaya declared independence from Britain in 1957, and after Singapore ceased to be part of Malaysia in 1965. Subsequent legislation has been passed by the Parliament of Singapore over the years to increase the minimum strokes an offender receives, and the number of crimes that may be punished with caning.[1]

Legal basis

Sections 325–332 of the Criminal Procedure Code lay down the procedures governing caning. They include the following:

Any male convict, whether sentenced to caning or not, may also be caned in prison if he breaks certain prison rules.[3]

Exemptions

The following groups of people shall not be caned:[4]

Offences punishable by caning

Singaporean law allows caning to be ordered for over 35 offences, including hostage-taking/kidnapping, robbery, gang robbery with murder, drug abuse, vandalism, extortion, rioting, sexual abuse, and unlawful possession of weapons. Caning is also a mandatory punishment for certain offences such as rape, drug trafficking, illegal money-lending,[5] and for visiting foreigners who overstay their visa by more than 90 days (a measure designed to deter illegal immigrant workers).[6]

While most caning offences were inherited from British law, the Vandalism Act was only introduced in 1966 after independence, in what has been argued[7] to be an attempt by the ruling People's Action Party (PAP) to suppress the activities of opposition political parties in the 1960s because their members and supporters vandalised public property with anti-PAP graffiti. Vandalism was originally prohibited by the Minor Offences Act, which made it punishable by a fine of up to S$50 or a week in jail, but did not permit caning.[7] However, caning is not imposed on first-time offenders who use delible substances (e.g. pencil, crayon, chalk) to commit vandalism.[8]

Contrary to what has sometimes been misreported, the importation of chewing gum is subject only to fines; it is not and has never been an offence punishable by caning.[9]

Statistics

In 1993, the number of caning sentences ordered by the courts was 3,244.[10]

By 2007, this figure had doubled to 6,404, of which about 95% were actually implemented.[11] Since 2007, the number of caning sentences has experienced an overall decline, reaching just 2,500 in 2012.

Caning takes place at several establishments around Singapore, most notably Changi Prison, but also including the now defunct Queenstown Remand Centre, where Michael P. Fay was caned in 1994. Canings are also administered in the Drug Rehabilitation Centres.

Year Number of sentences Sentences carried out Notes
1993 3,244 [10]
2006 5,984 95% [12]
2007 6,406 95% [11]
2008 4,078 98.7% January to September only[13]
2009 4,228 99.8% January to November only[14]
2010 3,170 98.7% [15]
2011 2,318 98.9% [16]
2012 2,500 88.1% [17]

Caning officers

The prison officers administering canings are carefully selected and specially trained for the job. They are generally physically fit and robustly built. Some hold "quite high" grades in martial arts even though proficiency in martial arts is not a requirement.[18] They are trained to use their entire body weight as the power behind every stroke instead of using only the strength from their arms,[19] as well as to induce as much pain as possible. They can swing the cane at a speed of up to 160 kilometres per hour.[20]

The cane

A rattan[21] cane no more than 1.27 cm in diameter[22] is used for judicial and prison canings. It is about twice as thick as the canes used in the school and military contexts. The cane is soaked in water overnight to prevent it from splitting and embedding splinters in the wounds.[19] The Prisons Department denies that the cane is soaked in brine, but has said that it is treated with antiseptic before use to prevent infection.[23] A lighter cane is used for juvenile offenders.[24]

Administration procedure

Caning is in practice always ordered in addition to a jail sentence and never as a punishment by itself. It is administered in an enclosed area in the prison, out of view of the public and other inmates. A medical officer and the Superintendent of Prisons are required to be present at every caning session.[25]

The offender is not told in advance when he will be caned; he is notified only on the day his sentence is to be carried out.[26] Offenders often undergo a lot of psychological distress as a result of being put into such uncertainty.[20] On the day itself, the medical officer examines him by measuring his blood pressure and other physical conditions to check whether he is medically fit for the caning. If he is certified fit, he proceeds to receive his punishment; if he is certified unfit, he is sent back to the court for his prison term to be extended. A prison officer confirms with him the number of strokes he has been sentenced to.[27]

In practice, the offender is required to strip completely naked for the caning. Once he has removed his clothes, he bends over a padded crossbar on the A-shaped wooden trestle and has his hands and feet secured tightly by leather straps to the trestle, such that he assumes a bent-over position on the trestle at an angle of close to 90° at the hip. Protective padding is tied around his lower back to protect the vulnerable kidney and lower spine area from any strokes that might land off-target.[23] The punishment is administered on his bare buttocks.[28] The caning officer takes up position beside the frame and delivers the number of strokes specified in the sentence at intervals of 10–15 seconds. He is required to exert as much strength as he can muster for each stroke.[23] The offender receives all the strokes in a single caning session – not in instalments.[29]

If during the caning, the medical officer certifies that the offender is not in a fit state of health to undergo the rest of the punishment, the caning must be stopped.[30] The offender will then be sent back to the court for the remaining number of strokes to be remitted or converted to a prison term of no more than 12 months, in addition to the original prison term he was sentenced to.[31]

Medical treatment and the effects

The immediate physical effects of caning have been exaggerated in some accounts; nevertheless, there may be significant physical damage, depending on the number of strokes inflicted. Michael P. Fay said, "The skin did rip open, there was some blood. I mean, let's not exaggerate, and let's not say a few drops or that the blood was gushing out. It was in between the two. It's like a bloody nose."[32] A report by the Singapore Bar Association stated, "The blows are applied with the full force of the jailer's arm. When the rattan hits the bare buttocks, the skin disintegrates, leaving a white line and then a flow of blood."[33] Usually, the buttocks will be covered with blood after three strokes.[19] More profuse bleeding may, however, occur in the case of a larger number of strokes.

Men who have been caned before described the pain they experienced as "unbearable" and "excruciating". A recipient of 10 strokes even said, "The pain was beyond description. If there is a word stronger than excruciating, that should be the word to describe it".[34]

After the caning, the inmate is released from the trestle and receives medical treatment. Antiseptic lotion (gentian violet) is applied.[35] The wounds take between a week and a month to heal, and the marks are indelible.[36]

Notable cases

Differences between judicial caning in Singapore and in Malaysia

Judicial caning is also used as a form of legal punishment for criminal offences in Malaysia. There are some differences between Singapore and Malaysia in the practice of judicial caning.

Prison caning

Male convicts who are not sentenced to caning by the courts are still liable to be caned in prison if they commit offences while serving time in prison.

A Superintendent of Prisons may impose corporal punishment not exceeding 12 strokes of the cane for aggravated prison offences[3] after due inquiry at a "mini-court" inside the prison, during which the prisoner is given an opportunity to hear the charge and evidence against him and present his defence.[49] The Prisons Director must approve the punishment before it can be carried out. The modus operandi is the same as that of judicial caning.

Inmates of Drug Rehabilitation Centres may be caned in the same way.

In 2008, the procedure was revised to introduce a review of each prison caning sentence by an independent external panel.[50]

Military caning

In the Singapore Armed Forces (SAF), a subordinate military court, or the officer in charge of the SAF Detention Barracks, may sentence a serviceman to a maximum of 24 strokes of the cane (10 strokes if the serviceman is below 16)[51] for committing certain military offences or for committing aggravated offences while being detained in the Detention Barracks.[52] In all cases, the caning sentence must be approved by the Armed Forces Council before it can be administered.[53] The minimum age for a serviceman to be sentenced to caning is 16 (now 16.5 de facto, since entry into the SAF is restricted to those above that age).[54] This form of caning is mainly used on recalcitrant teenage conscripts serving full-time National Service in the SAF.[55]

Military caning is less severe than its civilian counterpart, and is designed not to cause undue bleeding and leave permanent scars. The offender must be certified by a medical officer to be in a fit condition of health to undergo the punishment[56] and shall wear "protective clothing" as prescribed.[57] The punishment is administered on the buttocks, which are covered by a "protective guard" to prevent cuts.[54] The cane used is no more than 6.35 mm in diameter (about half the thickness of the prison/judicial cane).[58] During the punishment, the offender is secured in a bent-over position to a trestle similar to the one used for judicial/prison canings.[59]

Reformatory caning

Caning is used as a form of legal corporal punishment in reformatories, such as the Singapore Boys' Home and Singapore Girls' Home, to which the courts may send juvenile delinquents up to the age of 16 for up to three years, which means they may be aged 18 when they leave.

The superintendents of reformatories are allowed to impose corporal punishment on both male and female residents for serious misconduct. They are required to maintain a record of the details and evidence of the offender's misconduct and their reasons for deciding to cane him/her.[60]

The punishment is administered in private by the superintendent or an authorised officer of the same sex as the offender, using a cane of a type approved by the Director of Social Welfare. A maximum of eight strokes may be inflicted. For a male offender, the strokes may be inflicted on either the palm of the hand or the buttocks over ordinary cloth shorts. For a female offender, the strokes may be inflicted on the palm of the hand only.[61]

School caning

Caning is also used as a form of corporal punishment and disciplinary measure in primary and secondary schools. It is applicable to only male students; it is illegal to inflict corporal punishment on female students. The punishment may be administered by only the Principal, Vice Principal, or a specially designated and trained "Discipline Master". The student's parents must be informed immediately of all the details of the offence and punishment. Parental consent might be sought in some instances before the caning is carried out.[62][63][64]

The Ministry of Education encourages schools to punish boys by caning for committing serious offences such as fighting, smoking, cheating, gangsterism, vandalism, defiance and truancy. Students may also be caned for repeated cases of minor offences, such as being late repeatedly in a term. At most schools, caning comes after detention but before suspension in the hierarchy of penalties. Some schools use a demerit points system, whereby students receive mandatory caning after accumulating a certain number of demerit points for a wide range of offences. The Ministry recommends that the student receives counselling before and/or after the punishment.[64]

Under the Ministry's regulations, a maximum of six strokes[64] may be inflicted using a light rattan cane. The student may be caned on only the buttocks over clothing or the palm of the hand.[62][63] Most school canings generally range from one to three strokes administered with full force. Boys of any age from six to 19 may be caned, but the majority of canings are of secondary school students aged 14–16 inclusive.[64]

School caning is a solemn and formal ceremony, and is typically administered in a manner similar to school canings in England in the early to mid 20th century. A protective item (book, file, rolled-up newspaper) might be tucked into the student's trouser waistband to protect the lower back from strokes that land off-target. He is then directed to place his hands on a desk or chair and bend over or lean forward, and receives the strokes on the seat of his uniform trousers or shorts. He normally experiences superficial bruises and weals for a few days after the punishment.[64] Canings on the hand are rarely implemented, with one notable exception being Saint Andrew's Secondary School, where students may be caned on the hand for committing less serious offences while caning on the buttocks is reserved for more serious offences.[65]

Canings in school may be sorted into these categories:[64]

Certain schools adopt special practices. For example, following British traditions, some schools (mainly boys' schools) require the student to change into physical education (PE) attire for the punishment because PE shorts are apparently thinner than normal uniform trousers/shorts, even though the main purpose is probably to enhance the formality of the occasion. In some schools, if the caning is conducted in public, the student is required to make a public apology before or after receiving his punishment.[64]

Routine school canings are normally not publicised, so only rare and special cases are reported in the media.[64]

Parental caning

Canes sold in grocery stores, used by parents to discipline children at home

Caning is used as a form of punishment in the home for children (both boys and girls) and is usually meted out by their parents, the most common offences being disobedience and lying.[66] This form of punishment is legal in Singapore, but not particularly encouraged by the authorities, and parents are likely to be charged with child abuse if the child is injured.

The most commonly used implement is a thin rattan cane with a plastic cover shaped like a hook serving as a handle on one end. They are available in grocery shops in neighbourhoods and are normally used for disciplining children and adolescents at home. Each cane costs about 50 Singapore cents, with best sales during times when students prepare for examinations.[67]

Sometimes parents use other implements such as the handle of a feather-duster (made of rattan), rulers or even clothes hangers. The misbehaving child is usually caned on the thighs, calves, buttocks or palms. This type of caning usually leaves the child with marks that will fade within days.

According to a survey conducted by The Sunday Times in January 2009, out of the 100 parents surveyed, 57 said that caning was an acceptable form of punishment and they had used it on their children.[68]

Objections to corporal punishment

Amnesty International has condemned the practice of judicial caning in Singapore as a "cruel, inhuman or degrading punishment".[69] It is also regarded by some international observers as a violation of Article 1 in the United Nations Convention Against Torture. However, Singapore is not signatory to the Convention.[70] Human Rights Watch similarly referred to the practice of caning as "an inherently cruel punishment".[71]

Singapore is a member of the Convention on the rights of the child and therefore is obliged to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse". However, it stated that it considers "the judicious application of corporal punishment in the best interest of the child."[72]

In arts and media

Media

Literature

See also

References

  1. 1 2 3 4 "Judicial Caning in Singapore, Malaysia and Brunei #The History of Caning in Singapore, Malaysia and Brunei". World Corporal Punishment Research. September 2012. Retrieved 24 January 2015.
  2. ↑ Thomas, Sujin (12 December 2008). "24-stroke caning cap to be formalised". The Straits Times (Singapore). Retrieved 25 January 2015.
  3. 1 2 Prisons Act section 71.
  4. ↑ Criminal Procedure Code section 325(1).
  5. ↑ "Singapore: Judicial and prison caning: Table of offences for which caning is available". World Corporal Punishment Research. 2011. Retrieved 25 January 2015.
  6. ↑ Immigration Act section 15(3b).
  7. 1 2 Rajah, Jothie (April 2012). Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore. Cambridge University Press. ISBN 9781107634169.
  8. ↑ Vandalism Act, section 3.
  9. ↑ Control of Manufacture Act sections 8–9.
  10. 1 2 "Singapore Human Rights Practices, 1994". Electronic Research Collections. U.S. Department of State. February 1995. Retrieved 25 January 2015.
  11. 1 2 "Singapore". U.S. Department of State. 11 March 2008. Retrieved 25 January 2015.
  12. ↑ "Singapore". U.S. Department of State. 6 March 2007. Retrieved 25 January 2015.
  13. ↑ "2008 Human Rights Report: Singapore". U.S. Department of State. 25 February 2009. Retrieved 25 January 2015.
  14. ↑ "2009 Human Rights Report: Singapore". U.S. Department of State. 11 March 2010. Retrieved 25 January 2015.
  15. ↑ "2010 Human Rights Report: Singapore". U.S. Department of State. 8 April 2011. Retrieved 25 January 2015.
  16. ↑ "2011 Human Rights Report: Singapore". U.S. Department of State. 24 May 2012. Retrieved 25 January 2015.
  17. ↑ "Country Reports on Human Rights Practices for 2012: Singapore". U.S. Department of State. Retrieved 25 January 2015.
  18. ↑ "How a Prisoner is Caned". The Straits Times (Singapore). 1 May 1994.
  19. 1 2 3 Raman, P.M. (13 September 1974). "Branding the Bad Hats for Life". The Straits Times (Singapore). Retrieved 10 January 2015.
  20. 1 2 Von Mirbach, Johan (5 March 2015). "The invisible scars left by strikes of the cane". Deutsche Welle. Retrieved 4 December 2015.
  21. ↑ Prisons Regulations section 139(1).
  22. ↑ Criminal Procedure Code section 329(3).
  23. 1 2 3 "Judicial Caning in Singapore, Malaysia and Brunei #Procedure in Detail". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  24. ↑ Criminal Procedure Code section 329(4).
  25. ↑ Prisons Regulations section 98(1).
  26. ↑ "'No advance notice' for caning". The Straits Times (Singapore). 4 May 1994. Retrieved 24 January 2015.
  27. ↑ John, Arul; Chan, Crystal (1 July 2007). "Prisoners given chance to confirm sentence beforehand". The New Paper (Singapore). Retrieved 25 January 2015.
  28. ↑ Prisons Regulations section 139(2).
  29. ↑ Criminal Procedure Code section 330(1).
  30. ↑ Criminal Procedure Code section 331(2).
  31. ↑ Criminal Procedure Code section 332.
  32. ↑ "Fay describes caning, seeing resulting scars". Los Angeles Times. Reuters. 26 June 1994. Retrieved 24 January 2015.
  33. ↑ "Judicial Caning in Singapore, Malaysia and Brunei #The Immediate Physical Effects". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  34. ↑ "Judicial Caning in Singapore, Malaysia and Brunei #Descriptions of the Experience by Men Who Have Been Caned". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  35. ↑ "Judicial Caning in Singapore, Malaysia and Brunei #Medical Treatment". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  36. ↑ "Judicial Caning in Singapore, Malaysia and Brunei #After Effects: The Healing of the Wounds". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  37. ↑ "3 extra strokes for prisoner: Govt regrets error". The Straits Times (Singapore). 1 July 2007. Retrieved 25 January 2015.
  38. ↑ Vijayan, K.C. (20 August 2008). "Caning error: Ex-inmate accepts mediated settlement". The Straits Times (Singapore). Retrieved 25 January 2015.
  39. ↑ "Judge tells soldier who took rifle out of camp: 'My heart hurts for you'". The Straits Times (Singapore). 8 July 2008. Retrieved 25 January 2015.
  40. ↑ Chong, Elena (8 July 2008). "Swiss vandal gets 5 months, 3 strokes". The Straits Times (Singapore). Retrieved 26 June 2010.
  41. ↑ "Another Taiwanese loansharking offender ordered to be jailed, caned". Today (Singapore). 13 January 2011. Retrieved 25 January 2015.
  42. ↑ Tan, Su-Lin (6 March 2015). "Singapore court sentences two German vandals to nine months in prison and caning". The Sydney Morning Herald. Retrieved 25 March 2015.
  43. ↑ Lum, Selina (23 August 2014). "Drug courier's lawyer challenges caning sentence". The Straits Times. Retrieved 11 July 2015.
  44. ↑ "Yong Vui Kong v Public Prosecutor [2015] SGCA 11". SingaporeLaw.sg. Singapore Academy of Law. Retrieved 11 July 2015.
  45. ↑ Lim, Yvonne (5 March 2015). "Caning not unconstitutional: Apex court". Today. Retrieved 11 July 2015.
  46. 1 2 3 4 "Judicial Caning in Singapore, Malaysia and Brunei #Some Differences Between Singapore and Malaysia". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  47. ↑ "57 years jail and 12 strokes for raping relative". The Star (Kuala Lumpur). 30 April 2008. Retrieved 24 January 2015.
  48. ↑ "Judicial Caning in Singapore, Malaysia and Brunei #Apparatus Used". World Corporal Punishment Research. September 2012. Retrieved 25 January 2015.
  49. ↑ Prisons Act section 75.
  50. ↑ Teh, Joo Lin (15 September 2008). "New check on punishing prisoners". The Straits Times (Singapore). Retrieved 25 January 2015.
  51. ↑ Singapore Armed Forces Act section 125(2).
  52. ↑ Singapore Armed Forces Act section 119(1).
  53. ↑ Singapore Armed Forces Act section 119(2).
  54. 1 2 "Singapore: Caning in the military forces". World Corporal Punishment Research. Retrieved 25 January 2015.
  55. ↑ "Murder charge soldiers can be court-martialled". The Straits Times (Singapore). 30 July 1975. Retrieved 25 January 2015.
  56. ↑ Singapore Armed Forces Act section 125(5).
  57. ↑ Singapore Armed Forces Act section 125(6).
  58. ↑ Singapore Armed Forces Act section 125(4).
  59. ↑ Singapore Armed Forces (2006). "Pride, Discipline, Honour" (book commemorating 40th anniversary of the SAF Military Police Command).
  60. ↑ Children and Young Persons (Remand Home) Regulations section 21(1–2).
  61. ↑ Children and Young Persons (Remand Home) Regulations section 21(3).
  62. 1 2 Education (Schools) Regulations section 88.
  63. 1 2 "School Principals' Handbook, Section 19". World Corporal Punishment Research. Retrieved 25 January 2015.
  64. 1 2 3 4 5 6 7 8 "Singapore: Corporal punishment in schools". World Corporal Punishment Research. October 2014. Retrieved 25 January 2015.
  65. ↑ "Structure of Discipline Committee (2005) - 2013_Discipline_Rule_Book.pdf" (PDF). Saint Andrew's Secondary School. Retrieved 25 January 2015.
  66. ↑ Mathi, Braema; Andrianie, Siti (11 April 1999). "Spare your child the rod? No". The Sunday Times (Singapore). Retrieved 25 January 2015.
  67. ↑ "Kids say: What works for them". The Sunday Times (Singapore). 11 April 1999. Retrieved 25 January 2015.
  68. ↑ Sudderuddin, Shuli (13 January 2009). "To cane or not to cane...". The Straits Times (Singapore). Retrieved 25 January 2015.
  69. ↑ "Singapore - Amnesty International Report 2008". Amnesty International. Retrieved 25 January 2015.
  70. ↑ "Republic of Singapore Submission to the UN Universal Periodic Review" (PDF). International Harm Reduction Association. 2010. Retrieved 25 January 2015.
  71. ↑ "World Report 2014: Singapore #Criminal Justice System". Human Rights Watch. Retrieved 25 January 2015.
  72. ↑ Ratification status on the website of the UN.
  73. ↑ San ge hao ren at the Internet Movie Database
  74. ↑ Xiaohai bu ben 2 at the Internet Movie Database
  75. ↑ Teo, Wendy (3 April 2007). "Rayson Tan bares his bum for the first time in new Channel 8 drama, only to become... The butt of jokes". The New Paper (Singapore). Retrieved 25 January 2015.
  76. ↑ Baratham, Gopal (1994). The Caning of Michael Fay. Singapore: KRP Publications. ISBN 981-00-5747-4.
  77. ↑ Latif, Asad (1994). The Flogging of Singapore: The Michael Fay Affair. Singapore: Times Books International. ISBN 981-204-530-9.

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