CASE OF MR CHAN MUN CHIONG

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CASE OF MR CHAN MUN CHIONG

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(Charge under section 377A of Penal Code): **

60.

Mr Siew Kum Hong asked the Deputy Prime Minister and Minister for Home Affairs what was the rationale for charging Mr Chan Mun Chiong under section 377A of the Penal Code in view of the Prime Minister’s statement to Parliament last year that the provision is not proactively enforced.

Mr Wong Kan Seng: Mr Chan Mun Chiong was convicted by a District Court under the Infectious Diseases Act (IDA) for not disclosing that he was HIV positive before engaging in sexual intercourse. He was sentenced to 12 months' imprisonment. A charge for committing an act of gross indecency under section 377A of the Penal Code by having oral sex with a 16-year old male in a public toilet of a shopping complex was not proceeded with but taken into consideration for purposes of sentencing.

As to why he was charged under section 377A, our basic approach remains, as stated by the Prime Minister during the debate on the Penal Code amendments in October last year, which is that the Police does not take active enforcement measures to seek out homosexual activities between consenting adults that take place in a private place with a view to prosecution. Mr Chan Mun Chiong’s case, however, is not such a case. It is not the result of active enforcement against him in a private place.

Mr Chan was investigated by the Police after a report was lodged by a 16-year old male who had oral sex with him. Thereafter, Police referred the outcome of its investigation to the Attorney-General’s Chambers.

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The Public Prosecutor decided to charge the accused under section 377A after taking into account all the facts and circumstances of the case, including the complainant’s age and the fact that the offence had taken place in a public toilet.

In short, if there is a complaint made by a person of an alleged offence under section 377A of the Penal Code, Police will act upon the complaint. Thereafter, for any report disclosing an offence, Police will place the evidence before the Public Prosecutor for a decision as to whether or not to proceed with prosecution.