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Caning is used widely as a legal form of corporal punishment in Singaporemarker. 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 -- SAF) and these canings are administered in the SAF Detention Barracks. Caning is also an official punishment in reform schools and a form of prison disciplinary measure. In a much milder form, caning is used to punish boys and youths 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 Singaporemarker and Malaysiamarker (both then part of British Malaya) during the Britishmarker colonial period. It was formally codified under the Straits Settlements Penal Code Ordinance IV.

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

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.

Legal Basis

Sections 227 to 233 of the Criminal Procedure Code 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. Male juveniles under the age of 16 may be sentenced to caning only by the High Court and not by district courts.
  • 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. Caning is also a mandatory punishment for certain offences such as rape, drug trafficking and for visiting foreigners who overstay their visa by more than 90 days.

Statistics

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

Caning takes place at several establishments around Singapore, notably Changi Prisonmarker 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 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.

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.

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. In the caning room, the inmate is ordered to strip naked and receives a medical examination by the prison doctor 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, 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.

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 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 posterior protruding. Protective padding is placed on his lower back to protect the vulnerable kidney and lower spine area from any mis-strokes 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. The strokes are administered all in one caning session, unless the medical officer certifies that the inmate cannot receive any more strokes because of his condition, in which case the rest of the strokes are converted to additional prison time.

Medical treatment and the effects

The immediate physical effects when the cane comes into contact have been exaggerated in some popular accounts; nevertheless, significant physical damage is inflicted. As described by Michael P. Fay, a recipient of 4 strokes of the cane: "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." More profuse bleeding may, however, occur in the case of a larger number of strokes.

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

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, because of 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. 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.


Prison caning

Under the Prisons Act, prison superintendents may impose corporal punishment not exceeding 12 strokes of the cane for aggravated prison offences. 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.

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).

Military caning is 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. The cane used is only 6.35 millimetres (1/4 inch) in diameter (half the thickness of the prison/judicial cane).

No statistics have been published as to how many military personnel are caned.

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..

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, typically administered to the seat of the student's trousers as he bends over a desk or chair. The student will normally experience superficial bruises and weals for some days after the punishment.

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. 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), 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.

The majority of students caned are aged 14-16. 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, typically for behaviour deemed morally or socially unacceptable, such as mischief, theft or defiance. A small rattan cane is used in this case, which is usually available in grocery stores. 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.

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.

Objections to corporal punishment

Amnesty International has condemned the practice of judicial caning in Singapore as "cruel, inhuman or degrading punishment". Also, it 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.

In Arts and Media

Media

  • Sān Gè Hăo Rén (One More Chance; Simplified Chinese: 3个好人) (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 (played by Henry Thia) 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.
  • Xiăo Hái Bù Bèn Èr (I Not Stupid Too; Simplified Chinese: 小孩不笨2) (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 (played by Shawn Lee), 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 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.
  • Shí Sān Biān (The Homecoming; Simplified Chinese: 十三鞭) (2007) - a Mediacorp television production. The Chinese title of the TV series 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 (played by Rayson Tan) 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) - 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. Singapore Criminal Procedure Code
  2. Immigration Act, s.15.
  3. Singapore Human Rights Practices 1994, US State Department.
  4. Country Reports on Human Rights Practices for 2007, US State Department, released 11 March 2008.
  5. Prison Regulations 132(2).
  6. Criminal Procedure Code, § 229(4).
  7. "'No advance notice' for caning", Straits Times, 4 May 1994.
  8. Criminal Procedure Code, § 231.
  9. Reuters, "Fay describes caning, seeing resulting scars", Los Angeles Times, 26 June 1994.
  10. Viyajan, K.C. "Vandal caned three strokes more than ordered", Straits Times, 30 June 2007.
  11. Viyajan, K.C. "Caning error: Ex-inmate accepts mediated settlement", Straits Times, 20 August 2008.
  12. Prisons Act (ch.247), sec.71, Singapore Statutes OnLine.
  13. Teh Joo Lin. "New check on punishing prisoners", Straits Times, 15 September 2008.
  14. Singapore: Caning in the military forces at World Corporal Punishment Research (includes a photograph of a military caning in progress)
  15. Straits Times, Singapore, 30 July 1975.
  16. Armed Forces Act 1972, cap.295.
  17. Speech by Mr Tharman Shanmugaratnam, Acting Minister for Education, 14 May 2004.
  18. Regulation No 88 under the Schools Regulation Act 1957.
  19. Lee Hui Chieh. "Most parents here don't cane kids, shows study", Straits Times, 17 September 2004.
  20. Amnesty International Report 2008: Singapore.
  21. Teo, Wendy. "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, 3 April 2007.
  22. Baratham, Gopal (1994). The caning of Michael Fay. Singapore: KRP Publications. ISBN 9810057474
  23. Review of this book at World Corporal Punishment Research.


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