Caning in Singapore

History

Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Malaya and Singapore by the British Empire 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 in England and Wales. They included robbery, aggravated forms of theft, burglary, assault with the intention of sexual abuse, a second or subsequent conviction of rape, a second or subsequent offence relating to prostitution, and living on or trading in prostitution.

Caning remained on the statute book after Malaya declared independence 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 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 lay down the procedures governing caning. They include the following:

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.

The following groups of people shall not be caned:

Offences punishable by caning

Singaporean law allows caning to be ordered for over 35 offences, including hostage-taking/kidnapping, robbery, gang robbery with murder, rioting, causing grievous hurt, drug abuse, vandalism, extortion, sexual abuse, and unlawful possession of weapons. Caning is also a mandatory punishment for certain offences such as rape, drug trafficking, 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 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 (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 to eight strokes for a second or subsequent 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 set by the Chief Justice became a benchmark for sentences in molest 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.

Contrary to what has sometimes been misreported, the importation of chewing gum 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, reaching just 1,382 in 2015.

Caning takes place at several establishments around Singapore, most notably Changi Prison, and including the now defunct Queenstown Remand Centre, where Michael Fay was caned in 1994. Canings are also administered in the 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 robustly built. Some hold "quite 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 160 km/h and produce a force upon impact of at least 90 kg.

The cane

A rattan cane no more than 1.27 cm in diameter and about 1.2 m 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, but has said that it 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 the view of the public and other inmates. A medical officer and the Superintendent of Prisons are required to be present at every caning session.

The offender is not told in advance when he will be caned; he is notified only on the day his sentence is to be carried out. Offenders often undergo a lot of psychological distress as a result of being put into such uncertainty. On the day itself, the medical officer examines him by measuring his blood pressure and other physical conditions to check whether he is medically fit for the caning. If he is certified fit, he proceeds to receive his punishment; if he is certified unfit, he is sent back to the court for his prison term to be extended. A prison officer confirms with him the number of strokes he has been sentenced to.

In practice, the offender is required to strip completely naked for the caning. Once he has removed his clothes, he is restrained in a large wooden trestle based on the British dual-purpose prison flogging frame. He stands barefooted on the trestle base and bends over a padded horizontal crossbar on one side of the trestle, with the crossbar adjusted to around his waist level. His feet are tied to a lower crossbar on the same side by restraining ankle cuffs made of leather, while his hands are secured to another horizontal crossbar on the other side by wrist cuffs of similar design; his hands can hold on to the crossbar. After he is secured to the trestle in a bent-over position at an angle of close to 90° at the hip, protective padding is tied around his lower back to protect the vulnerable kidney and lower spine area from any strokes that might land off-target. The punishment is administered on his bare buttocks. He is not gagged.

The caning officer carefully positions himself beside the trestle and takes aim with the cane. The Director of Prisons explained in a 1974 press conference, "Correct positioning is critically important. If he is too near the prisoner, the tip of the cane will fall beyond the buttocks and the force of the stroke will cause the unsupported tip to dip and bend the cane and thus reduce the effect of the stroke. If he is too far, the stroke will only cover part of the buttocks." Strokes are delivered at intervals of about 30 seconds. The caning officer is required to exert as much strength as he can muster for each stroke. The offender receives all the strokes in a single caning session – not in instalments. According to anecdotal evidence, if the sentence involves a large number of strokes (say, six or more), two or more officers will take turns to cane the offender to ensure that the later strokes are as equally forceful as the earlier ones.

During the caning, if the medical officer certifies that the offender is not in a fit state of health to undergo the rest of the punishment, the caning must be stopped. The offender will then be sent back to the court for the remaining number of strokes to be remitted or converted to a prison term of no more than 12 months, in addition to the original prison term he was sentenced to.

Effects and recovery

The immediate physical effects of caning have been exaggerated in some accounts; nevertheless, there may be significant physical damage, depending on the number of strokes inflicted. Michael Fay said, "The skin did rip open, 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." A report by the Singapore Bar Association stated, "The blows are applied with the full force of the jailer's arm. When the rattan hits the bare buttocks, the skin disintegrates, leaving a white line and then a flow of blood." Usually, the buttocks will be covered with blood after three strokes. More profuse bleeding may, however, occur in the case of a larger number of strokes.

Men who have been caned before described the pain they experienced as "unbearable" and "excruciating". A recipient of 10 strokes even said, "The pain was beyond description. If there is a word stronger than excruciating, that should be the word to describe it". Most offenders struggle violently after each of the first three strokes and then their struggles lessen as they become weaker. By the time the caning is over, those who receive more than three strokes will be in a state of shock. During the caning, some offenders will pretend to faint but they cannot fool the medical officer, who decides whether the punishment continues or stops. Offenders undergo a lot of psychological distress before and during the caning: They are afraid of not only the physical pain, but are also worried about whether they can prevent themselves from crying out because crying means that they would lose face.

After the caning, the offender is released from the trestle and receives medical treatment. Antiseptic lotion (gentian violet) is applied. The wounds usually take between a week and a month to heal, depending on the number of strokes received. During this time, offenders cannot sit down or lie down on their backs, and experience difficulties when using the toilet. Permanent scars remain even after the wounds have healed.

Notable cases

Comparison of judicial caning in Brunei, Malaysia and Singapore

Judicial caning is also used as a form of legal punishment for criminal offences in two of Singapore's neighbouring countries, Brunei and Malaysia. There are some differences across the three countries.

Prison caning

Male convicts who are not sentenced to caning by the courts are still liable to be caned in prison if they commit offences while serving time in prison. The modus operandi is the same as that of judicial caning.

A Superintendent of Prisons may impose corporal punishment not exceeding 12 strokes of the cane for aggravated prison offences. Such offences include engaging in gang activities, mutiny, attempting to escape, destruction of prison property, and assaulting an officer or a fellow prisoner. The punishment is carried out 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 present his defence. The Prisons Director must approve the punishment before it can be carried out. Visiting justices may also order an inmate to be punished by up to 24 strokes of the cane. However, the Prisons Department has confirmed that such cases are rare.

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 sentence by an independent external panel.

Military caning

In the Singapore Armed Forces (SAF), a subordinate military court, or the officer in charge of the SAF Detention Barracks, may sentence a serviceman to a maximum of 24 strokes of the cane (10 strokes if the serviceman is below 16) for committing certain military offences or for committing aggravated offences while being detained in the Detention Barracks. In all cases, the caning sentence must be approved by the Armed Forces Council before it can be administered. The minimum age for a serviceman to be sentenced to caning is 16 (now 16.5 de facto, since entry into the SAF is restricted to those above that age). This form of caning is mainly used on recalcitrant teenage conscripts serving full-time National Service in the SAF.

Military caning is less severe than its civilian counterpart, and is designed not to cause undue bleeding and leave permanent scars. The offender must be certified by a medical officer to be in a fit condition of health to undergo the punishment and shall wear "protective clothing" as prescribed. The punishment is administered on the buttocks, which are covered by a "protective guard" to prevent cuts. The cane used is no more than 6.35 mm in diameter (about half the thickness of the prison/judicial cane). During the punishment, the offender is secured in a bent-over position to a trestle similar to the one used for judicial/prison canings.

Reformatory caning

Caning is used as a form of legal corporal punishment in reformatories, such as the Singapore Boys' Home and Singapore Girls' Home, to which the courts may send juvenile delinquents up to the age of 16 for up to three years, which means they may be aged 18 when they leave.

The superintendents of reformatories are allowed to impose corporal punishment on both male and female residents for serious misconduct. They are required to maintain a record of the details and evidence of the offender's misconduct and their reasons for deciding to cane him/her.

The punishment is administered in private by the superintendent or an authorised officer of the same sex as the offender, using a cane of a type approved by the Director of Social Welfare. A maximum of eight strokes may be inflicted. For a male offender, the strokes may be inflicted on either the palm of the hand or the buttocks over ordinary cloth shorts. For a female offender, the strokes may be inflicted on the palm of the hand only.

School caning

Caning is also used as a form of corporal punishment and disciplinary measure in primary and secondary schools. It is applicable to only male students; it is illegal to inflict corporal punishment on female students. The punishment may be administered by only the Principal, Vice Principal, or a specially designated and trained "Discipline Master". The student's parents must be informed immediately of all the details of the offence and punishment. Parental consent might be sought in some instances before the caning is carried out.

The Ministry of Education encourages schools to punish boys by caning for committing serious offences such as fighting, smoking, cheating, gangsterism, vandalism, defiance, truancy, and possession of pornographic materials. Students may also be caned for repeated cases of minor offences, such as being late repeatedly in a term. At most schools, caning comes after detention but before suspension in the hierarchy of penalties. Some schools use a demerit points system, whereby students receive mandatory caning after accumulating a certain number of demerit points for a wide range of offences. The Ministry recommends that the student receives counselling before and/or after the punishment.

Under the Ministry's regulations, a maximum of six strokes may be inflicted using a light rattan cane. The student may be caned on only the buttocks over clothing or the palm of the hand. Most school canings generally range from one to three strokes administered with full force. Boys of any age from six to 19 may be caned, but the majority of canings are of secondary school students aged 14–16 inclusive.

School caning is a solemn and formal ceremony, and is typically administered in a manner similar to the canings administered in English schools before School corporal punishment was banned in England in 1998. A protective item (e.g. book, file, rolled-up newspaper) might be tucked into the student's trouser waistband to protect the lower back from strokes that land off-target. The student then places his hands on a desk or chair, bends over or leans forward, and receives the caning on the seat of his uniform trousers or shorts. Based on first-hand accounts, the student typically feels moderate to acute pain for the first few minutes, depending on the number of strokes. This soon leads to a stinging sensation and general soreness around the points of impact, usually lasting for some hours; sitting down is likely to be uncomfortable. Superficial bruises and weals may appear on the buttocks and last for a few days after the punishment. Canings on the hand are rarely implemented, with one notable exception being Saint Andrew's Secondary School, where students may be caned on the hand for committing less serious offences while caning on the buttocks is reserved for more serious offences.

Canings in school may be sorted into these categories:

Certain schools adopt special practices. For example, following English traditions, some schools (mainly boys' schools) require the student to change into physical education (PE) attire for the punishment because PE shorts are apparently thinner than normal uniform trousers/shorts, even though the main purpose is probably to enhance the formality of the occasion. In some schools, if the caning is conducted in public, the student is required to make a public apology before or after receiving his punishment.

Routine school canings are normally not publicised, so only rare and special cases are reported in the media.

Parental 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, the most common offences being disobedience and lying. 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.

The most commonly used implement is a thin rattan cane with a plastic cover shaped like a hook serving as a handle on one end. They are available in grocery shops in neighbourhoods and are normally used for disciplining children and adolescents at home. Each cane costs about 50 Singapore cents, with best sales during times when students prepare for examinations.

Sometimes parents use other implements such as the handle of a feather-duster (made of rattan), rulers or even clothes hangers. The misbehaving child is usually caned on the thighs, calves, buttocks or palms. This type of caning usually leaves the child with marks that will fade within days.

According to a survey conducted by The Sunday Times in January 2009, out of the 100 parents surveyed, 57 said that caning was an acceptable form of punishment and they had used it on their children.

Public opinion on caning in Singapore

Judicial caning is meant to serve as a humiliating experience for offenders and as a strong deterrent to crime. In 1966, when Singapore's founding Prime Minister Lee Kuan Yew introduced caning as a mandatory punishment for vandalism, he said in Parliament, "[...] if (the offender) knows he is going to get three of the best, I think he will lose a great deal of enthusiasm, because there is little glory attached to the rather humiliating experience of having to be caned." The severity and humiliation of the punishment are widely publicised in various ways, mainly through the press but also through other means such as education. For example, juvenile delinquents get to watch a real-life demonstration of caning on a dummy during compulsory prison visits.

Singapore has come under strong international criticism for its practice of judicial caning, especially after the 1994 Michael Fay incident. Amnesty International condemned the practice of judicial caning in Singapore as a "cruel, inhuman or degrading punishment". It is also 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. Human Rights Watch similarly referred to the practice of caning as "an inherently cruel punishment".

The Singaporean government has defended its stance on judicial caning and said that the punishment does not amount to torture and is conducted under strict standards and medical supervision. Although the extensive use of judicial caning is a policy commonly associated with the ruling People's Action Party (PAP), the opposition parties do not oppose it because they agree on its effectiveness as a deterrent to crime. While most Singaporean citizens either support or are indifferent towards the practice of judicial caning, there is a minority – including dissident Gopalan Nair, lawyer M Ravi and businessman Ho Kwon Ping – who are completely or partially opposed to it.

Critics argue that since Singapore is a member of the Convention on the Rights of the Child, it is therefore obliged to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse". However, the Singaporean government stated that it considers "the judicious application of corporal punishment in the best interest of the child."

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