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Caning
Caning is a form of corporal punishment consisting of a number of hits (known as "strokes" or "cuts") with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks (see spanking) or hands (on the ...
is a widely used form of
corporal punishment 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, bor ...
. It can be divided into several contexts: judicial, prison, reformatory, military, school, and domestic. These practices of caning as punishment were introduced during the period of
British colonial rule in Singapore.
Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries,
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federal constitutional monarchy consists of thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Mal ...
and
Brunei
Brunei ( , ), formally Brunei Darussalam ( ms, Negara Brunei Darussalam, Jawi: , ), is a country located on the north coast of the island of Borneo in Southeast Asia. Apart from its South China Sea coast, it is completely surrounded by th ...
.
Of these,
judicial caning is the most severe. It is applicable to only male convicts under the age of 50 for a wide range of offences under the
Criminal Procedure Code
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
, up to a maximum of 24 strokes per trial. Always ordered in addition to a prison sentence, it is inflicted by
specially trained prison staff using a long and thick
rattan
Rattan, also spelled ratan, is the name for roughly 600 species of Old World climbing palms belonging to subfamily Calamoideae. The greatest diversity of rattan palm species and genera are in the closed- canopy old-growth tropical fores ...
cane on the prisoner's bare buttocks in an enclosed area in the prison. Male criminals who were not sentenced to caning earlier in a court of law may also be punished by caning in the same way if they commit aggravated offences while serving time in prison. Similarly, male juvenile delinquents in
reformatories
A reformatory or reformatory school is a youth detention center or an adult correctional facility popular during the late 19th and early 20th centuries in Western countries. In the United Kingdom and United States, they came out of social concerns ...
may be punished by caning for serious offences.
Servicemen in the
Singapore Armed Forces
The Singapore Armed Forces (SAF) are the military services of the Republic of Singapore, responsible for protecting and defending the security interests and the sovereignty of the country. A military component of the Ministry of Defence (MINDE ...
(SAF) who commit serious military offences may be sentenced by a military court to a less severe form of caning in the SAF Detention Barracks, which houses military offenders.
In a much milder form, caning is used as a disciplinary measure in schools. Boys aged between 6 and 19 may be given up to three strokes with a light rattan cane on the buttocks over clothing or the palm of the hand as a punishment for serious misconduct, often as a last resort. As the law does not allow schools to cane girls, they receive alternative forms of punishment such as detention or suspension.
A smaller cane or other implement is often used by some parents to punish their children. This practice is allowed in Singapore but not encouraged by the government. The Singaporean government has stated that in its opinion, the
Convention on the Rights of the Child does not prohibit "the judicious application of corporal punishment in the best interest of the child."
Judicial caning
History
Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to
Malaya and Singapore during the
period of British colonial rule in the 19th century. It was formally codified under the ''Straits Settlements Penal Code Ordinance IV'' in 1871.
[
]
In that era, offences punishable by caning were similar to those punishable by
birching or
flogging
Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on ...
(with the
cat o' nine tails
The cat o' nine tails, commonly shortened to the cat, is a type of multi-tailed whip or flail that originated as an implement for severe physical punishment, notably in the Royal Navy and British Army, and as a judicial punishment in Britai ...
) in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
. They included
robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, aggravated forms of
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 som ...
,
burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murd ...
,
assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in cr ...
with the intention of
sexual abuse
Sexual abuse or sex abuse, also referred to as molestation, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assa ...
, a second or subsequent conviction of
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
, a second or subsequent offence relating to
prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
, and living on or trading in prostitution.
Caning remained on the statute book after Malaya became independent from Britain in 1957, and after Singapore ceased to be part of Malaysia in 1965. Subsequent legislation has been passed by the
Parliament of Singapore
The Parliament of Singapore is the unicameral legislature of the Republic of Singapore, which governs the country alongside the president of Singapore. Largely based upon the Westminster system, the Parliament is made up of Members of Parlia ...
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 325–332 of the
Criminal Procedure Code
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
lay down the procedures governing caning. They include the following:
*A male offender between the ages of 18 and 50 who has been certified to be in a fit state of health by a medical officer is liable to be caned.
[Criminal Procedure Code section 331.]
*The offender shall receive no more than 24 strokes of the cane on any one occasion, irrespective of the total number of offences committed.
[Criminal Procedure Code section 328.] In other words, a man cannot be sentenced to more than 24 strokes of the cane in a single trial, but he may receive more than 24 strokes if the sentences are given out in separate trials. However, in the first case where a prisoner was received more than 24 strokes in a single trial, armed robber Qwek Kee Chong (who served ten years in prison) was given 48 strokes of the cane on 8 April 1988 and later hospitalised for his grievous injuries from the caning; he was later granted compensation for this error.
*If the offender is under 18, he may receive up to 10 strokes of the cane,
[Criminal Procedure Code section 330.] but a lighter cane will be used in this case.
[Criminal Procedure Code section 329.] Boys under 16 may be sentenced to caning only by the
High Court and not by the
State Courts.
*Offenders
sentenced to death
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
whose sentences have not been commuted shall not be caned.
*The
rattan
Rattan, also spelled ratan, is the name for roughly 600 species of Old World climbing palms belonging to subfamily Calamoideae. The greatest diversity of rattan palm species and genera are in the closed- canopy old-growth tropical fores ...
cane used shall not exceed in diameter.
*Caning must not be carried out in instalments.
This is to ensure that prisoners sentenced to caning are done with it in a single session and do not have to go through the process repeatedly even if the full sentence might not have been administered for medical reasons.
[015
Fifteen or 15 may refer to:
*15 (number), the natural number following 14 and preceding 16
*one of the years 15 BC, AD 15, 1915, 2015
Music
*Fifteen (band), a punk rock band
Albums
* ''15'' (Buckcherry album), 2005
* ''15'' (Ani Lorak albu ...]
SGCA 11">
Any male convict, whether sentenced to caning or not, may also be caned in prison if he commits certain offences while serving time in prison.
[Prisons Act section 71.]
Singapore has not signed or ratified a number of international human rights treaties which prohibit the use of corporal punishment. These include the
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fre ...
, the
Convention Against Torture and the
.
Exemptions
Under the law, women, men above the age of 50, and men
sentenced to death
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
whose sentences have not been commuted, cannot be sentenced to caning.
[Criminal Procedure Code section 325(1).]
It was not uncommon for the courts to extend, by up to 12 months, the prison terms of offenders originally sentenced to caning but later found to be medically unfit to undergo the punishment. However, on 9 May 2017, the
High Court ruled that the courts should not automatically impose an additional jail term in lieu of caning unless there are reasons to do so. According to judicial indicative guidelines, in situations where the court has to extend a convict's prison term in lieu of caning, the extension will range from nine to 12 months when the case involves more than 19 strokes of the cane.
Offences punishable by caning
Singaporean law allows caning to be ordered for over 35 offences, including
hostage-taking/
kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
,
robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, gang robbery with
murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
,
riot
A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
Riots typically involve destruction of property, public or private. The property targete ...
ing,
causing grievous hurt,
drug abuse
Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, ...
,
vandalism
Vandalism is the action involving deliberate destruction of or damage to public or private property.
The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The ter ...
,
extortion
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
,
voyeurism
Voyeurism is the sexual interest in or practice of watching other people engaged in intimate behaviors, such as undressing, sexual activity, or other actions of a private nature.
The term comes from the French ''voir'' which means "to see". ...
,
sexual abuse, molestation (outrage of modesty), and
unlawful possession of weapons. Caning is also a mandatory punishment for certain offences such as
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
,
drug trafficking
A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhalati ...
,
illegal moneylending,
[
] and for foreigners who overstay by more than 90 days – a measure designed to deter illegal immigrants.
While most of Singapore's laws on offences punishable by caning were inherited from the British legal system through the
Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
, the
Vandalism Act was only introduced in 1966 after independence, in what has been argued
to be an attempt by the ruling
People's Action Party
The People's Action Party (abbreviation: PAP) is a major conservative centre-right political party in Singapore and is one of the three contemporary political parties represented in Parliament, alongside the opposition Workers' Party (WP) and ...
(PAP) to suppress the opposition's activities in the 1960s because opposition supporters vandalised public property with anti-PAP graffiti. Vandalism was originally prohibited by the Minor Offences Act, which made it punishable by a fine of up to S$50 or a week in jail, but did not permit caning.
As of today, the Vandalism Act imposes a mandatory caning sentence of between three and eight strokes for a conviction of vandalism. Caning is not imposed on first-time offenders who use delible substances (e.g. pencil, crayon, chalk) to commit vandalism.
Beginning in the 1990s, the higher courts have been more inclined to impose caning sentences in cases where caning is a discretionary punishment. For example, in 1993, an 18-year-old molester was initially sentenced to six months' imprisonment but he appealed against his sentence.
Chief Justice Yong Pung How not only dismissed his appeal, but also added three strokes of the cane to the sentence. This
precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
set by the Chief Justice became a benchmark for sentences in molestation cases, where the court is expected to sentence a molester to at least nine months' imprisonment and three strokes of the cane if the offence involves touching the victim's private parts.
[
]
In some cases, male employees can be sentenced to caning for offences committed by the company they work for. For instance, the Dangerous Fireworks Act states that caning is mandatory for a manager or owner of a company which imports, delivers or sells dangerous fireworks. Another example is the transporting of illegal immigrants; a manager of a company who authorises or participates in such activity can be sentenced to caning.
In July 1998, police reported six cases of employers sentenced to imprisonment and caning for hiring illegal immigrants.
The
importation
An import is the receiving country in an export from the sending country. Importation and exportation are the defining financial transactions of international trade.
In international trade, the importation and exportation of goods are limited ...
of
chewing gum
Chewing gum is a soft, cohesive substance designed to be chewed without being swallowed. Modern chewing gum is composed of gum base, sweeteners, softeners/ plasticizers, flavors, colors, and, typically, a hard or powdered polyol coating. Its t ...
is subject only to fines; it is not and has never been an offence punishable by caning.
Statistics
In 1993, the number of caning sentences ordered by the courts was 3,244.
[
]
By 2007, this figure had doubled to 6,404, of which about 95% were actually implemented.
[
] Since 2007, the number of caning sentences has experienced an overall decline, falling to just 1,257 in 2016.
Caning takes place at several institutions around Singapore, most notably
Changi Prison
Changi Prison Complex, often known simply as Changi Prison, is a prison in Changi in the eastern part of Singapore.
History First prison
Before Changi Prison was constructed, the only penal facility in Singapore was at Pearl's Hill, beside ...
, and including the now defunct Queenstown Remand Centre, where
Michael Fay was caned in 1994. Canings are also administered in Drug Rehabilitation Centres.
Most caning sentences are far below the legal limit of 24 strokes. Although sentences of between three and six strokes are much more common, they usually receive less or no coverage by the media. Normally, only the more serious cases involving heavier sentences will have a greater tendency to be reported in the press.
Caning officers
The prison officers who administer caning are carefully selected and specially trained for the job. They are generally physically fit and strongly built. Some hold high grades in martial arts even though proficiency in martial arts is not a requirement for the job. They are trained to use their entire body weight as the power behind every stroke instead of using only the strength from their arms,
as well as to induce as much pain as possible. They can swing the cane at a speed of up to
[
] and produce a force upon impact of at least 880
N.
The cane
A
rattan
Rattan, also spelled ratan, is the name for roughly 600 species of Old World climbing palms belonging to subfamily Calamoideae. The greatest diversity of rattan palm species and genera are in the closed- canopy old-growth tropical fores ...
cane, no more than in diameter
and about in length, is used for judicial and prison canings. It is about twice as thick as the canes used in the school and military contexts. The cane is soaked in water overnight to make it supple and prevent it from splitting and embedding splinters in the wounds.
[
] The Prisons Department denies that the cane is soaked in
brine
Brine is a high-concentration solution of salt (NaCl) in water (H2O). In diverse contexts, ''brine'' may refer to the salt solutions ranging from about 3.5% (a typical concentration of seawater, on the lower end of that of solutions used for ...
, but has said that it is treated with
antiseptic
An antiseptic (from Greek ἀντί ''anti'', "against" and σηπτικός ''sēptikos'', "putrefactive") is an antimicrobial substance or compound that is applied to living tissue/skin to reduce the possibility of infection, sepsis, or putre ...
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 not as a punishment by itself. Those who are sentenced to caning and are in the process of appealing against their sentences do not have their sentences carried out while pending the outcome of their appeals. Similarly, during the period before the convicts' deadlines of their appeal notices, caning is not carried out until the deadline expires and with the convict not making a notice of appeal.
It is administered in an enclosed area in the prison out of the view of the public and other inmates.
[015
Fifteen or 15 may refer to:
*15 (number), the natural number following 14 and preceding 16
*one of the years 15 BC, AD 15, 1915, 2015
Music
*Fifteen (band), a punk rock band
Albums
* ''15'' (Buckcherry album), 2005
* ''15'' (Ani Lorak albu ...]
SGCA 11" /> However, anecdotal evidence suggests that the offender, while waiting in a queue for his turn to be caned, has the chance to observe