(c) Third, it was challenged under Art 12 of the Constitution, which provides for Equality. (b) Second, it was challenged under Art 14 of the Constitution, which guarantees Freedom of Speech and Expression, (a) First, under Art 9 of the Constitution, that it was in breach of Art 9 in terms of protection of Life and Liberty, s377A was challenged in Tan Seng Kee on the following grounds: So today, I will just summarise my views on the two points.ġ1. This topic is going to be discussed extensively in Parliament. First, the constitutionality of s377A itself and two, the question of locus standi.ġ0. I will keep my remarks brief, and just focus on two legal points in assessing the risks. But I do not propose to go into that reason, because for the Forum today, the focus is on the second point – the legal risks.ĩ. As I have said, it is a reason that stands on its own.Ĩ. The PM explained during NDR why it was important to do this. The first of the two reasons is in itself a substantive reason. The two points that he mentioned are two independent reasons for the repeal of s377A. And he disclosed that the Attorney-General (AG) and I have advised on that.ħ. (b) Second, that the Government has been advised that there is a significant legal risk that s377A could be struck down by the Courts in a future challenge. Repealing s377A will provide some relief to gay people. We should not criminalise what people do in the privacy of their bedrooms. (a) First, repealing s377A is the right thing to do. He said it was going to be repealed, and he gave two reasons: Many of you will know, during the National Day Rally (NDR), PM spoke about s377A. The point is this – Is there a risk that the Courts could strike down s377A in a future challenge, in the context of the CA’s comments in Tan Seng Kee?Ħ. The focus of the discussion today is on the Tan Seng Kee Judgment delivered by the Court of Appeal (CA) earlier this year.ĥ. I wish to thank SAL and the LawSoc for organising this Forum on a very important legal issue – with significant implications for our society.Ĥ.
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