Singapore’s Court Says: “No Pranks, No Prosecutions, Just the Law on the Books!”
In a night‑cap‑style verdict that would make even the most cautious judge crack a smile, the Court of Appeal – led by the ever‑serious Chief Justice Sundaresh Menon – gave a definitive nod that Section 377A of the Penal Code is still a thing but can’t be used to drag men into the courtroom for stealing kisses behind their backs.
Who’s in the Spotlight?
- Dr. Roy Tan Seng Kee – the retired GP who’s raved about the LGBT community since before it was a fancy hashtag.
- Mr. Johnson Ong Ming – a DJ who’s probably spun a tired “all love” track and the story literally is literal!
- Mr. Bryan Choong – the former exec‑director of Oogachaga, the go‑to underdogs of the LGBTQ+ spectrum.
The “Legal Sweetener” Moment
That light‑hearted court decree came after the 3‑man trio filed a constitutional ticket in January, challenging a 1938 grandfathered clause. They argued: “Hey, the Constitution says everyone must be equal in court. Why is there a rule that lumps in gay men but leaves out gay women and straight folks?” A robust argument – because if it’s about equality, it should be literal, not just literal.
Facilitating the Law (No‑Prosecution Edition)
The Court holds that Section 377A is effectively “good‑for‑shelf‑only.” It means the law remains in the books, but the government says, ”We’re not going to enforce it now.” Modern-day seat‑of‑the‑air legislation, based on a 2007 parliamentary nod from PM Lee Hsien Loong and a 2018 press release from Attorney‑General Lucien Wong.
And the Bottom Line
Because of that one (or two?) official “we’ll keep it quiet” note, the court decided the trio no longer faces an “actual threat” of prosecution. Therefore, their constitutional rights were not violated – at least not in the way the law now stands.
Hand‑Offs for the Lawyers
- Mr. Eugene Thuraisingam for Mr. Ong.
- Senior Counsel Harpreet Singh Nehal for Mr. Choong.
- Mr. M. Ravi for Dr. Tan.
In plain terms, the court is basically saying: “You’re free to go on your love escapades, but if someone files a complaint, the court will politely refuse to act.” The panel’s decision keeps the law alive but writes it off for active punishment, cementing the status quo for the foreseeable future.
Takeaway
So, folks, don’t panic—got a dating app plan? Keep going. The court’s verdict says: no legal drama for the trio, and for the rest of us, the law is still on the shelf. It’s a classic “turn the page” moment, and if you find yourself in a courtroom, just remember the courtroom is all about keeping it dead on the books.
