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Caning in Singapore

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Caning is used widely as a legal form of corporal punishment in the city-state of Singapore. It can be subdivided into several contexts, namely domestic/private, school, reform school, military and judicial.

Of these, judicial caning, for which Singapore is best known, is the most severe. It is reserved for male criminals aged under 50, for at least 30 different offences under the Criminal Procedure Code. Caning is also a legal form of punishment for delinquent male members of the military (Singapore Armed Forces) and a military equivalent of the rotan is executed in the SAF Detention Barracks, and also in reform schools and as a form of prison disciplinary measure. In a somewhat milder form, caning is used to punish misbehaving male students in many Singaporean schools.

A much smaller cane is also used by some parents as a punishment for their children of either sex. This is not outlawed in Singapore.

Judicial Caning

See also: Judicial corporal punishment

History

Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Singapore and Malaysia (both then part of British Malaya) during the British colonial period. It was formally codified under the Straits Settlements Penal Code Ordinance IV.[1]

In that era, offences punishable by caning were similar to those punishable by birching or flogging in England and Wales, and included:[1]

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

Sections 227 to 233 of the Criminal Procedure Code[2] lay down the procedures governing caning, including:

  • A convicted male criminal who is between the ages of 18 and 50 and has been certified medically fit by a medical officer may be subjected to judicial caning.
  • He will receive a maximum of 24 strokes of the cane on any one occasion, irrespective of the total number of offences committed.
  • If the offender is under 18 he may receive up to 10 strokes of the cane, but a lighter rattan cane will be used in this case.
  • He will not be caned if he has been sentenced to death.
  • The thickness of the rattan cane shall not exceed half an inch (1.27 cm) in diameter.

A convicted male criminal not sentenced to caning may be caned in prison if he breaks prison rules.

Offences punishable by caning

Singaporean law allows caning to be ordered for over 30 offences, including robbery, gang robbery with murder, drug use, vandalism, and rioting.[3] Caning is also a mandatory punishment for certain offences such as rape, drug trafficking and for visiting foreigners who overstay their visa.

Statistics

In 1993 the number of criminals caned was 3,244.[4] By 2007, this figure had doubled to 6,404 criminals sentenced to caning. Of these sentences, about 95% were actually implemented.[5]

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

The cane

A rattan cane four feet (1.2 metres) long and half an inch (1.27 cm) thick[6] is used for prison and judicial canings. It is larger and heavier than the canes used in the domestic, school and military contexts. The cane is soaked in water beforehand to make it heavier and more flexible. The Prisons Department denies that canes are soaked in brine, but has said that the cane is treated with antiseptic before use to prevent infection. A lighter cane is used for juvenile offenders.[7]

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. Those present are limited to the inmate, prison wardens, medical officers, the caning officer and sometimes high-ranking prison officials to witness the punishment.[1]

An inmate sentenced to caning receives no advance warning as to when he will be caned, and is notified only on the day his sentence is to be carried out.[8] In the caning room, the inmate is ordered to strip naked and receives a medical examination by the prison doctor[1] to check whether he is medically fit for caning, by measuring his blood pressure and other physical conditions. If the doctor gives the green light, the inmate then receives his caning, but if he is certified unfit for punishment, his punishment is postponed to a later date, or he is sent back to the court for his prison term to be increased instead. A prison official confirms with him the number of strokes he is to receive.[1]

The inmate is then led to the A-shaped frame (called a 'caning trestle') and his wrists and ankles secured tightly to the frame by strong leather straps[1] in such a way that he assumes a bent-over position on the frame at an angle of close to 90° at the hip, with his buttocks protruding.[1] Protective padding is placed on his lower back to protect the vulnerable kidney and lower spine area from any mis-strokes[1] so that only his buttocks are exposed to the cane. The officer administering the caning takes up position beside the frame and delivers the number of strokes specified in the sentence, at intervals of 10 to 15 seconds. He is required to put his full force into each stroke.[1] The strokes are administered all in one caning session and not in 'instalments', contrary to popular belief.[9] The caning may be halted if the medical officer certifies that the inmate cannot receive any more strokes due to his condition, and the rest of the strokes would be administered in another session.[1]

Medical treatment and the effects

The immediate physical effects when the cane comes into contact are highly exaggerated in some popular misconceptions, which say that the 'flesh and skin would fly'. As Michael P. Fay put it, "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."[10] Profuse bleeding and mutilation of the buttocks do occur in the case of a large number of strokes[1].

After the caning, the inmate is released from the frame and receives medical treatment[1]. Antiseptic lotion (gentian violet) is applied and the wounds left to heal[1]. There may be long-term scarring of the buttocks, at any rate in the case of a large number of strokes[1]. Those caned are not eligible to serve in the Singapore Armed Forces as conscripts if they have not served yet[1].

Notable cases

  • American Michael P. Fay, whose conviction for vandalism and sentence of 6 strokes of the cane attracted worldwide publicity and sparked off a minor diplomatic crisis between Singapore and the United States. The Singaporean government reduced Fay's sentence from 6 to 4 strokes, and he was caned on 5 May 1994.
  • Dickson Tan Yong Wen, due to an administrative error, received 3 more strokes than he was sentenced to. Tan was sentenced on 28 February 2007 to a total of 9 months in jail and 5 strokes of the cane for two offences involving abetting an illegal moneylender to harass a debtor. He received 8 strokes on 29 March 2007.[11] Tan sought S$3 million from the government in compensation for receiving 3 more strokes than he was sentenced to, but this was rejected. He did receive some compensation after negotiations, but the amount was kept secret.[12]

Prison caning

Under the Prisons Act, prison superintendents may impose corporal punishment not exceeding 12 strokes of the cane for aggravated prison offences.[13] This punishment can be imposed 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 to present his defence. The Prisons Director must approve the punishment before it can be carried out. It is administered in the same manner as for 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 award by an independent external panel.[14]

Military Caning

In the Singapore Armed Forces, a subordinate military court, or the officer in charge of a disciplinary barrack, may sentence an offender to a maximum of 24 strokes of the cane (with a maximum of 12 strokes per offence, 10 in the case of minors) for breaking certain military rules. In either case, the punishment must be confirmed by the Armed Forces Council before it can be administered. The minimum age for caning within the Armed Forces is 16 (16.5 de facto, due to laws restricting entry into the Armed Forces to those 16.5 years of age or higher).[15]

Military caning is considered to be less severe than its civilian counterpart, designed not to cause bleeding or permanent scars, and is not administered on the bare buttocks. Caning is mainly used on recalcitrant teenage conscripts.[16] The cane used is only 6.35 millimetres (1/4 inch) in diameter (half the thickness of the prison/judicial cane), and the offender wears protective clothing.[17]

There are no statistics as to how many soldiers have been caned in recent years.

School caning

Caning is also used as a form of corporal punishment in primary and, especially, secondary schools, and also in one or two post-secondary colleges, to maintain strict discipline in school. This is only applicable to male students. The punishment is administered formally in the British schoolboy caning style.

The Ministry of Education encourages schools to punish boys by caning for such offences as fighting, smoking, cheating, gangsterism, disrespect or vandalism. Students may also be caned for repeated cases of more minor offences, such as being late five times in a term. The punishment may be administered only by the Principal or Vice-Principal, or by a specially designated and trained 'Discipline Master', usually in the Principal's office. At most schools, caning comes after detention but before suspension in the hierarchy of penalties.[18].

Under Ministry regulations, the punishment should not exceed a maximum of 6 strokes (the majority of canings range from 1-3 strokes), using a light rattan cane about 4 feet long[19], typically administered to the student's buttocks over his trousers, with the boy bending over a desk or chair[18]

Certain schools have special practices for caning, such as making the student change into PE attire for caning, or tucking a protective item into the boy's trouser waistband to protect the lower back from mis-strokes[18]. Sometimes the student may be caned on the stage in front of an assembly of the whole school population (known as public caning) or in front of his class (known as class caning)[18], to serve as a warning to potential offenders and to shame the student. In many cases he must also read out a public apology before receiving the strokes. Some schools implement a demerit points system, whereby students are liable for mandatory caning after accumulating a certain number of demerit points for a wide range of offences[18].

The majority of students caned are aged 14-16[18]. The Ministry of Education recommends that the student receive counselling before and/or after his caning, to avoid any danger of psychological harm.

Domestic/Private caning

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. They are typically caned for a wide range of offences and behavior deemed to be morally or socially unacceptable, such as mischief, theft or even defiance. A small rattan cane is used in this case, which is usually available in grocery stores around the island. This form of punishment is legal in Singapore to allow parents to maintain domestic discipline, but it is not particularly encouraged by the authorities, and parents are likely be charged with child abuse if the child is injured.

Sometimes parents use other implements such as a clothes hanger or even the handle of a feather-duster. The misbehaving child is usually whacked on the thighs, calves, buttocks or palms. Despite a perception that the caning of children is widespread in Singapore, a 2004 survey of 230 parents found that only about 20% of them used this form of punishment.[20]

Objections to corporal punishment

Amnesty International has condemned the practice of judicial caning in Singapore as "cruel, inhuman or degrading punishment".[21] Also, the practice is 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.[22]

In Arts and Media

Media

  • One More Chance (2005) - a Singaporean film by Jack Neo which portrays the lives of three convicts in prison. It also reflects the social stigma towards ex-convicts. A judicial caning scene was featured in the film in which one of the three convicts receives his caning sentence of 6 strokes. The scene is not featured explicitly and only the audio is heard in that scene instead of visual images.
  • I Not Stupid Too (2006) - a Singaporean film by Jack Neo which reflects the life of an ordinary Singaporean teenager in school and with his parents. One of the main characters, Tom Yeo, is publicly caned in school for fighting with his teacher. The caning scene is graphically portrayed, with the young man bending over a desk on stage in the school hall to receive three very hard strokes across the seat of his trousers in front of the assembled student body. This faithfully reproduced the procedure used in real life at the school where the scene was filmed, Presbyterian High School. The public caning issue sparked off a nationwide debate, in which it became apparent that some members of the Singaporean public did not realise that corporal punishment is widely used in secondary schools. Many seemed pleased to discover this, and letters in local newspapers suggested that the caning of errant schoolboys has wide support.
  • The Homecoming (2007)[23] - a Mediacorp television production. The Chinese title of the TV series is "Shi San Bian" (十三鞭), which translates as "Thirteen Strokes". In the TV series, four men were convicted of arson in their youth and sentenced to imprisonment and 3 strokes of caning each. One of them received an extra stroke of caning, supposedly for being the mastermind. Several years later when he becomes a successful lawyer, he sets off to find out who betrayed him and takes his revenge. The caning scene is featured in one of the episodes.

Literature

  • The Caning of Michael Fay: The Inside Story by a Singaporean (1994)[24] - a documentary book by Gopal Baratham published in the wake of the controversial caning of Michael P. Fay. It concentrates on the personal aspects, the punishment and the sociology of caning in Singapore. The book includes some descriptions of caning and photographs of its results, as well as two personal interviews with men who had been caned before.

See also

References

  1. ^ a b c d e f g h i j k l m n o p "Judicial Caning in Singapore, Malaysia and Brunei". World Corporal Punishment Research. 2006. Retrieved 2008-08-10. {{cite web}}: Unknown parameter |month= ignored (help)
  2. ^ Singapore Criminal Procedure Code
  3. ^ "Singapore: Judicial and prison caning, Table of offences for which caning is available". World Corporal Punishment Research. Retrieved 2008-08-10.
  4. ^ Singapore Human Rights Practices 1994, US State Department.
  5. ^ Country Reports on Human Rights Practices for 2007, US State Department, released 11 March 2008.
  6. ^ Prison Regulations 132(2).
  7. ^ Criminal Procedure Code, § 229(4).
  8. ^ "'No advance notice' for caning", Straits Times, 4 May 1994.
  9. ^ Criminal Procedure Code, § 231.
  10. ^ "Fay describes caning, seeing resulting scars", Los Angeles Times, 26 June 1994.
  11. ^ "Vandal caned three strokes more than ordered", Straits Times, 30 June 2007.
  12. ^ "Caning error: Ex-inmate accepts mediated settlement", Straits Times, 20 August 2008.
  13. ^ Prisons Act (ch.247), sec.71, Singapore Statutes OnLine.
  14. ^ "New check on punishing prisoners", Straits Times, 15 September 2008.
  15. ^ Singapore: Caning in the military forces at World Corporal Punishment Research.
  16. ^ Straits Times, Singapore, 30 July 1975.
  17. ^ Armed Forces Act 1972, cap.295.
  18. ^ a b c d e f "SINGAPORE:School CP". World Corporal Punishment Research. Retrieved 2009-01-14.
  19. ^ Regulation No 88 under the Schools Regulation Act 1957.
  20. ^ "Most parents here don't cane kids, shows study", Straits Times, 17 September 2004.
  21. ^ Amnesty International Report 2008: Singapore.
  22. ^ "Status of Ratifications, Office of the United Nations High Commission of Human Rights".
  23. ^ "Rayson Tan bares his bum for the first time in new Channel 8 drama, only to become...The butt of jokes", The New Paper, 3 April 2007.
  24. ^ Review of this book at World Corporal Punishment Research.
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