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Michael Peter Fay (born May 30, 1975) is an American who was sentenced to six strokes of the cane in
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borderin ...
in 1994 for
theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
of road signs and vandalizing 18 cars over a ten-day period in September 1993, which caused a temporary strain in relations between Singapore and the United States. Fay pled guilty, but he later claimed that he was advised that such a plea would preclude caning and that his confession was false, that he never vandalized any cars, and that the only crime he committed was stealing road signs. Although caning is a routine court sentence in Singapore, Fay's case garnered some controversy and was widely covered in the media in the United States, as it was believed to be the first judicial corporal punishment involving an American citizen. The number of cane strokes in Fay's sentence was ultimately reduced from six to four after United States officials requested leniency. He was caned on May 5, 1994.


Early life

Fay was born in
St. Louis St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the bi-state metropolitan area, which e ...
,
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
. His mother, Randy, divorced his father, George, when he was eight. As a child, he was diagnosed with
attention-deficit hyperactivity disorder Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder characterised by excessive amounts of inattention, hyperactivity, and impulsivity that are pervasive, impairing in multiple contexts, and otherwise age-inapp ...
(ADHD). Although Fay mostly lived with his father after the divorce, he later moved to Singapore to live with his mother and stepfather, Marco Chan, and was enrolled in the
Singapore American School Singapore American School (SAS) is a non-profit, independent, co-educational day school located in the Woodlands area of Singapore. It offers an American-based curriculum for students in preschool through high school. One of Singapore's first i ...
in Woodlands.


Theft and vandalism in Singapore

In October 1993, ''
The Straits Times ''The Straits Times'' is an English-language daily broadsheet newspaper based in Singapore and currently owned by SPH Media Trust (previously Singapore Press Holdings). ''The Sunday Times'' is its Sunday edition. The newspaper was established ...
'', Singapore's main English-language newspaper, reported that car vandalism in Singapore was on the rise. Fay and his friends damaged their neighbours' cars at apartment blocks with hot
tar Tar is a dark brown or black viscous liquid of hydrocarbons and free carbon, obtained from a wide variety of organic materials through destructive distillation. Tar can be produced from coal, wood, petroleum, or peat. "a dark brown or black b ...
, paint remover, red
spray paint Aerosol paint (commonly spray paint) is paint that comes in a sealed, pressurized container and is released in an aerosol spray when a valve button is depressed. Aerosol painting is one form of spray painting; it leaves a smooth, even coat, unlike ...
, and hatchets, and had
egg An egg is an organic vessel grown by an animal to carry a possibly fertilized egg cell (a zygote) and to incubate from it an embryo within the egg until the embryo has become an animal fetus that can survive on its own, at which point the a ...
s pelted at them. Taxi drivers complained that their tires were slashed. In the city center, cars were found with deep scratches and dents. One man complained that he had to refinish his car six times in six months. The Singapore police eventually arrested 16-year-old Andy Shiu Chi Ho, a Chinese citizen from
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta ...
. He was not caught vandalizing cars, but was charged with driving his father's car without a license. After questioning Shiu, the police questioned several foreign students from the
Singapore American School Singapore American School (SAS) is a non-profit, independent, co-educational day school located in the Woodlands area of Singapore. It offers an American-based curriculum for students in preschool through high school. One of Singapore's first i ...
, including 18-year-old Fay, and charged them with more than 50 counts of vandalism.Tan Ooi Boon (October 7, 1993). "9 foreign students held for vandalism". ''The Straits Times''. Singapore. p. 1. Fay pleaded guilty to vandalizing the cars in addition to stealing road signs. He later maintained that he had been advised such a plea would preclude caning and that his confession was false, that he never vandalized any cars, and that the only crime he committed was stealing signs. Under the 1966 Vandalism Act, originally passed to curb the spread of political
graffiti Graffiti (plural; singular ''graffiti'' or ''graffito'', the latter rarely used except in archeology) is art that is written, painted or drawn on a wall or other surface, usually without permission and within public view. Graffiti ranges from s ...
and which specifically penalized vandalism of government property, Fay was sentenced on March 3, 1994, to four months in jail, a fine of S$3,500 (
US$ The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
2,814 or £2,114 at the time), and six strokes of the cane. Shiu, who pleaded not guilty, was sentenced to eight months in prison and 12 strokes of the cane. Fay's lawyers appealed, arguing that the Vandalism Act provided caning only for indelible forms of graffiti vandalism, and that the damaged cars had been cheaply restored to their original condition.


Response


Public reaction

Following Fay's sentence, the case received coverage by the American, Singaporean and international media. Some U.S. news outlets launched scathing attacks on Singapore's judicial system for what they considered an "archaic punishment", while others turned the issue into one of Singapore asserting " Asian values" towards " western decadence". ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nat ...
'' and the ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' ran editorials and op-eds condemning the punishment. ''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'' reported that caning involved "bits of flesh fly ngwith each stroke." It was claimed that the punishment had to be carried out by "trained warders holding high grades" in
martial arts Martial arts are codified systems and traditions of combat practiced for a number of reasons such as self-defense; military and law enforcement applications; competition; physical, mental, and spiritual development; entertainment; and the pre ...
. However, Singapore also found supporters among the foreign media and the American public; a survey of 23,000 people conducted by the National Polling Network (now merged with the
Pew Research Center The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the wo ...
) found that up to 60% "favored whipping and other harsh sentences as an acceptable deterrent to crime in the USA". The support stemmed largely from an appreciation of Singapore's low-crime rate environment, and a belief that this was made possible by its strict laws. Some, including a number of U.S. legislators, even suggested that the U.S. could learn from Singapore and adopt caning in its sentences.


From the United States government

Despite the widespread endorsement among Americans, the
Clinton administration Bill Clinton's tenure as the 42nd president of the United States began with his first inauguration on January 20, 1993, and ended on January 20, 2001. Clinton, a Democrat from Arkansas, took office following a decisive election victory over ...
ultimately expressed its objection to Singapore's decision to cane Fay. The official position of the United States government was that although it recognized Singapore's right to punish Fay within the
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
of law, the punishment of caning was "excessive" for a teenager who committed a non-violent crime. On March 3, the day the sentence was passed,
Chargé d'Affaires A ''chargé d'affaires'' (), plural ''chargés d'affaires'', often shortened to ''chargé'' (French) and sometimes in colloquial English to ''charge-D'', is a diplomat who serves as an embassy's chief of mission in the absence of the ambassado ...
Ralph Boyce at the United States Embassy in Singapore had also said that the punishment was too severe for the offence. The embassy claimed that, while the graffiti and physical damage to the cars was not permanent, caning could leave Fay with permanent physical scars. Bill Clinton, the then
President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United St ...
, also called Fay's punishment "extreme" and "mistaken", and pressured the Singapore government to grant Fay clemency from caning. Two dozen United States senators signed a letter to the Singapore government also appealing for clemency.


From the Singapore government

The
Singapore government The Government of Singapore is defined by the Constitution of Singapore to mean the executive branch of the state, which is made up of the president and the Cabinet. Although the president acts in their personal discretion in the exercise ...
stood its ground and defended the sentence and the country's right to uphold its own laws. On March 3, in response to Boyce's comments on Fay's sentence, the Ministry of Home Affairs said that it was Singapore's tough laws that kept the country orderly and relatively crime-free, unlike "in cities like
New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
, where even police cars are not spared the acts of vandals". Various Singaporean ministers also spoke publicly about the case throughout the episode. In April during a local television program, Lee Kuan Yew, then Senior Minister, said that the U.S. was neither safe nor peaceful because it did not dare to restrain or punish those who did wrong, adding, "If you like it this way, that is your problem. But, that is not the path we choose". Nevertheless, on May 4 that year, the Singapore government via
Ong Teng Cheong Ong Teng Cheong ( zh, c=王鼎昌, p=Wáng Dǐngchāng; 22 January 1936 – 8 February 2002) was a Singaporean politician who served as the fifth president of Singapore between 1993 and 1999. He was also the first elected president in Singapor ...
, then the country's
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
, announced that the number of cane strokes would be reduced from six to four out of consideration for President Clinton as it valued the good historical relations between both countries. Shiu's sentence was later also reduced, from 12 strokes to six, after a similar clemency appeal. Fay was caned on May 5, 1994, at the Queenstown Remand Centre.


Caning

Describing the caning day, Fay told
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was establ ...
he did not know the time had come for punishment when he was taken from his cell. He said he was bent over a trestle so his buttocks stuck out, with his hands and feet buckled to the structure. He was naked except for a protective rubber pad fixed to his back. The flogger, a doctor, and prison officials were also present. Fay told Reuters the caner walked sharply forward three steps to build power. "They go 'Count one'—you hear them yell it really loud—and a few seconds later they come, I guess I would call it charging at you with a rattan cane." He noted that a prison officer guided him through the ordeal saying: "OK Michael, three left; OK Michael, two left; OK one more, you're almost done." Fay reported that when the fourth stroke was delivered he was immediately unbuckled from the trestle and taken to a cell to recover. The caning, which Fay estimated took one minute, left a "few streaks of blood" running down his buttocks, and seven weeks later, left three dark-brown scar patches on his right buttock and four lines each about half-an-inch wide on his left buttock. He said that the wounds hurt for about five days after which they itched as they healed. "The first couple of days it was very hard to sit," Fay reported, but he said he was able to walk after the caning.


Aftermath

After his release from prison in June 1994, Fay returned to the United States to live with his biological father. He gave several television interviews, including one with his American lawyer on
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by t ...
with
Larry King Larry King (born Lawrence Harvey Zeiger; November 19, 1933 – January 23, 2021) was an American television and radio host, whose awards included 2 Peabodys, an Emmy and 10 Cable ACE Awards. Over his career, he hosted over 50,000 interviews. ...
on June 29, 1994, in which he admitted taking road signs but denied vandalizing cars. While he did not detail his experience, he claimed that he was "ill-treated" at times during questioning, but had shaken hands with the caning operative after his four strokes had been administered and the prison guards when he was released. Several months after returning to the United States, Fay suffered burns to his hands and face after a
butane Butane () or ''n''-butane is an alkane with the formula C4H10. Butane is a gas at room temperature and atmospheric pressure. Butane is a highly flammable, colorless, easily liquefied gas that quickly vaporizes at room temperature. The name bu ...
incident."Michael Fay," ''People Magazine,'' December 26, 1994, p. 60. He was subsequently admitted to the Hazelden rehabilitation program for butane abuse. He claimed that sniffing butane "made imforget what happened in Singapore." In 1996, he was cited in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
for a number of violations, including careless driving, reckless driving, not reporting a crash, and having an open bottle of alcohol in a car. Later, in 1998, still in Florida, Fay was arrested for possession of
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
and
drug paraphernalia "Drug paraphernalia" is a term to denote any equipment, product or accessory that is intended or modified for making, using or concealing drugs, typically for recreational purposes. Drugs such as marijuana, cocaine, heroin, and methamphetamin ...
, charges to which he confessed but was acquitted because of technical errors in his arrest. During an interview with China's
CCTV Closed-circuit television (CCTV), also known as video surveillance, is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors. It differs from broadcast television in that the signal is not openly t ...
in June 2004,
Lee Kuan Yew Lee Kuan Yew (16 September 1923 – 23 March 2015), born Harry Lee Kuan Yew, often referred to by his initials LKY, was a Singaporean lawyer and statesman who served as Prime Minister of Singapore between 1959 and 1990, and Secretary-General o ...
, then Senior Minister of Singapore, said that Fay assaulted his father upon his return to the United States, which was suppressed by the American media. In June 2010, Fay's case was recalled in international news, after another foreigner in Singapore, Swiss national Oliver Fricker, was sentenced to five months in jail and three strokes of the cane for trespassing a rail depot to vandalise a metro train that is a part of the country's Mass Rapid Transit. It was reported by a Singaporean news outlet in August 2018 that Fay was working as a casino manager in Cincinnati,
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
.


In popular culture

* Season 19, episode 18 of ''
Saturday Night Live ''Saturday Night Live'' (often abbreviated to ''SNL'') is an American late-night live television sketch comedy and variety show created by Lorne Michaels and developed by Dick Ebersol that airs on NBC and Peacock. Michaels currently serves as ...
'' cold-opened with a skit of Michael Fay's caning. The players included host
Emilio Estevez Emilio Estevez (; born May 12, 1962) is an American actor and filmmaker. He is the son of actor Martin Sheen and the older brother of Charlie Sheen. Emilio Estevez started his career as an actor and is known for being a member of the acting Bra ...
as Fay,
Kevin Nealon Kevin Nealon (; born November 18, 1953) is an American comedian and actor. He was a cast member on ''Saturday Night Live'' from 1986 to 1995, acted in several of the Happy Madison films, played Doug Wilson on the Showtime series '' Weeds'', and ...
administering the caning,
Rob Schneider Robert Michael Schneider (; born October 31, 1963) is an American actor, comedian, and screenwriter. A stand-up comic and veteran of the NBC sketch comedy series ''Saturday Night Live'', he went on to a career in feature films, including starri ...
as the warden, and
Phil Hartman Philip Edward Hartman (; September 24, 1948 – May 28, 1998) was a Canadian-American actor, comedian, screenwriter and graphic designer. Hartman was born in Brantford, Ontario, Canada, and his family moved to the United States w ...
as the doctor. *In September 1994 "Weird Al" Yankovic released a song, "
Headline News HLN is an American basic cable network. Owned by Warner Bros. Discovery, the network primarily carries true crime programming. The channel was originally launched on January 1, 1982 by Turner Broadcasting as CNN2 (later renamed Headline News ...
", which satirized the Fay case along with the
Tonya Harding Tonya Maxene Price (née Harding; born November 12, 1970) is an American former figure skater, retired boxer and a reality television personality. Born in Portland, Oregon, Harding was raised primarily by her mother, who enrolled her in ice ska ...
and Bobbitt stories. *The 1994
professional wrestling Professional wrestling is a form of theater that revolves around staged wrestling matches. The mock combat is performed in a ring similar to the kind used in boxing, and the dramatic aspects of pro wrestling may be performed both in the ring or ...
event
When Worlds Collide ''When Worlds Collide'' is a 1933 science fiction novel co-written by Edwin Balmer and Philip Wylie; they also co-authored the sequel '' After Worlds Collide'' (1934). It was first published as a six-part monthly serial (September 1932 through F ...
promoted by
Eastern Championship Wrestling HHG Corporation, doing business as Extreme Championship Wrestling (ECW), was a professional wrestling promotion and media company that was based in Philadelphia, Pennsylvania. The promotion was founded in 1992 by Tod Gordon as National Wres ...
featured a "Singapore canes" match with
The Sandman (wrestler) James Fullington (born June 16, 1963), better known by his ring name The Sandman, is a semi-retired American professional wrestler, best known for his career with Extreme Championship Wrestling (ECW), where he developed into a smoking and drinkin ...
and
Tommy Dreamer Thomas James Laughlin (born February 13, 1971), is an American professional wrestler and promoter better known by the ring name Tommy Dreamer. He is signed to Impact Wrestling and is the owner and promoter of the House of Hardcore (HOH) prom ...
, with the loser to receive ten strikes from a cane. *"Headwriter", a 1994 episode of ''
The Larry Sanders Show ''The Larry Sanders Show'' is an American television sitcom set in the office and studio of a fictional late-night talk show. The series was created by Garry Shandling and Dennis Klein and aired from August 15, 1992, to May 31, 1998, on the HBO ...
'' opened with Sanders making a joke about Fay in the character's opening monologue: "Michael Fay is back in the U.S. from Singapore. And I can assure you, that is a long flight, especially when you have to stand the whole way." *
Dr. Dre Andre Romelle Young (born February 18, 1965), known professionally as Dr. Dre, is an American rapper and record producer. He is the founder and CEO of Aftermath Entertainment and Beats Electronics, and previously co-founded, co-owned, and w ...
and
Ice Cube An ice cube is a small piece of ice, which is typically rectangular as viewed from above and trapezoidal as viewed from the side. Ice cubes are products of mechanical refrigeration and are usually produced to cool beverages. They may be produc ...
referenced the caning in their 1994 single "
Natural Born Killaz "Natural Born Killaz" is a collaborative single released by Dr. Dre and Ice Cube for the soundtrack of the film ''Murder Was the Case''. It was originally intended for the scrapped album ''Heltah Skeltah''. It would later be used by professiona ...
".https://genius.com/Dr-dre-and-ice-cube-natural-born-killaz-lyrics Natural Born Killaz lyrics *The case inspired a 1995 '' Simpsons'' episode, " Bart vs. Australia", in which Australia is to punish Bart via "booting"—a kick in the buttocks using a giant boot (later reduced to a shoe).


See also

* Oliver Fricker, who was sentenced to three strokes of the cane and seven months in jail in 2010 for a similar offence.


References


Further reading

*Latif, Asad (1994). ''The Flogging of Singapore: The Michael Fay Affair''. Singapore: Times Books International. * Baratham, Gopal (1994). ''The Caning of Michael Fay''. Singapore: KRP Publication. *Reyes, Alejandro (May 25, 1994)
Rough Justice: A Caning in Singapore Stirs Up a Fierce Debate About Crime And Punishment
''Asiaweek'', Hong Kong. *The Asiaweek Newsmap (April 27, 1994). ''Asiaweek''. *Chew, Valerie (August 5, 2009)

''Singapore Infopedia''. National Library Board.


External links



April 1, 1994 {{DEFAULTSORT:Fay, Michael P. 1975 births 20th-century American criminals American expatriates in Singapore Caning in Singapore Living people People from St. Louis Singapore–United States relations