The judgement by the Court of Appeal, affirming the constitutional validity of Section 377A of the Penal Code, is a landmark… in the way that Elmina Castle in Ghana is a landmark. Section 377A is the law that criminalises sex between men and is the fount for a cascade of discriminatory policies against LGBT persons in Singapore. The judgement was released on 30 October 2014 and has since received very dim reviews from many observers, organisations and publications abroad, including the United Nations’ Office of the High Commissioner for Human Rights. Continue reading ‘Legal Elmina’
Bad news this morning. The Court of Appeal, Singapore’s highest court since we abolished appeals to Britain’s Privy Council, has ruled that Section 377A of the Penal Code is not unconstitutional. Section 377A criminalises sex between men, and is the key piece of legislation that justifies a plethora of other rules and regulations that discriminate against gay people.
I haven’t had time to read the 100-page judgement — thus a short post today — but snippets reported in the press this morning, such as this below, suggest that it is going to be a screamer, crying out for deconstruction. Continue reading ‘So now, the constitution’s the problem?’
Christ and the woman taken in adultery, by Nicolas Poussin, 1594-1665
In his oral submission, Peter Low, arguing in my defence, took only about twelve minutes to address the allegations made by the Attorney-General’s Chambers with respect to the second article “Church sacks employee and sues government”. The written submission however was more substantial.
Peter cut to the chase which was why he didn’t need much time. In addressing paragraphs 67 to 97 of the AGCs’ written submission (dealing with the second article), he reiterated that “what is alleged is not borne out by the plain words of the contents of the second article.” Within those 31 paragraphs from the AGC, he said, the AGC relied on the word “insinuation” six times, the word “imputation” three times and the word “implication” once. Continue reading ‘My trial for contempt of court, part 3: the second article’
The other part of the first article “377 wheels come off Supreme Court’s best-laid plans” that the AGC took exception to concerned my description of events leading to lawyer M Ravi (pictured at right) withdrawing his client’s application to intervene in the Kenneth and Gary appeal. I had written in the article that
M Ravi … in August 2013, acting for his client Tan Eng Hong, made an application to the High Court to be recognised as an interested party in the Court of Appeal hearing on the Kenneth and Gary case. The argument is that since the outcome of Kenneth and Gary’s appeal will affect Tan’s case (for which the High Court judgement was still pending at the time) Tan should be permitted to intervene.
This move must have upset the best-laid of plans. From a legal point of view, it would be very difficult to deny such an application. The fact of the matter is that the two cases are very similar. Whatever ruling comes out of the Court of Appeal in Gary and Kenneth’s case, it would clearly impact Tan Eng Hong’s case. Continue reading ‘My trial for contempt of court, part 2: first article, second sting’
Opening my defence, my lawyer Choo Zheng Xi said the Attorney-General’s Chambers’ case relied heavily on reading innuendo, insinuation and imputation into my words. The words used in the prosecution’s submission to describe the allegations I was supposedly making against the judiciary do not exist in the articles complained of, he said before Justice Belinda Ang, and that it would be important to always keep this in mind when considering the prosecution’s case. He further characterised the AGC’s case as full of hyperbole.
In written submissions, my lawyers had also written that “the Applicant [i.e. AGC] has had to twist Mr Au’s words out of context and to editorialize to impute sinister innuendo into his article where none exists. In so doing, the Applicant has mischievously ignored the caveats in Mr Au’s article that clearly flag out to his readers that he is theorizing, as opposed to making statements of fact.” Continue reading ‘My trial for contempt of court, part 1: first article, first sting’
Guest essay by Liew Kai Khiun
In May 2013, Harvard Professor Niall Ferguson caused a storm by attributing the limitations of the premises of the theories of the prominent economist John M. Keynes to his sexuality where:
Speaking at the Tenth Annual Altegris Conference in Carlsbad, Calif., in front of a group of more than 500 financial advisors and investors, Ferguson responded to a question about Keynes’ famous philosophy of self-interest versus the economic philosophy of Edmund Burke, who believed there was a social contract among the living, as well as the dead. Ferguson asked the audience how many children Keynes had. He explained that Keynes had none because he was a homosexual and was married to a ballerina, with whom he likely talked of “poetry” rather than procreated. The audience went quiet at the remark. Some attendees later said they found the remarks offensive.[i]
Continue reading ‘On academic responsibility’
Published 5 March 2014
homosexuality , religion
When the story first broke, what struck me most was the focus on lesbians. It is far more common in anti-LGBT speech for the reference to be either directed at gay males or framed with reference to gay male sex, at least in Singapore and the West. But coming from a lecturer in Malay Studies, I wasn’t surprised.
Continue reading ‘Lesbians dance before NUS professor’s eyes’
It’s difficult to make sense of what Pastor Lawrence Khong is trying to do. In the past few weeks, he’s taken the lead in attacking the Health Promotion Board (HPB), and now the Health Minister Gan Kim Yong, over the HPB’s FAQ on sexuality. Khong accused the HPB of disseminating a message that “condones same-sex relationships and promotes the homosexual practice as something normal”.
When Gan answered a parliamentary question from Lim Biow Chuan (PAP, Mountbatten) in a manner not to Khong’s liking, Khong turned his guns on the minister too. You can read Gan’s parliamentary reply here. Lim, in case people have forgotten, gave one of the most homophobic speeches in Parliament in 2007 when Section 377A, the anti-gay law, was debated. Continue reading ‘Is Lawrence Khong’s battle flag for victory or for show?’
I had a sense of deja vu when Law Minister K Shanmugam said that allowing migrant workers to challenge deportation orders through the judicial process would mean that “every foreigner is entitled to stay here at taxpayers’ expense, housed here at taxpayers’ expense” (source), while the cases wend their way through the courts.
The same “it costs too much” argument was regularly deployed by supporters of the death penalty in previous years. It goes along these lines: society should not be burdened with having to feed and clothe a prisoner on a life sentence; it’s more economical to hang him. However, the government itself did not, to my knowledge, use this argument. It came from various members of the public. Continue reading ‘Not at taxpayers’ expense’
Here is the film Boy (2008), by Filipino filmmaker Auraeus Solito. It had been selected for inclusion in Singapore’s 2009 International Film Festival but was one of two festival films banned by the Media Development Authority (MDA), the Orwellian-named department of censorship. Do note, it’s 1 hour 19 minutes long.
Continue reading ‘Watch a banned film today’