In Tan Eng Hong, the Court of Appeal commented on the ‘very real and intimate’ injuries that were caused by s 377A and how it potentially ‘makes criminals out of victims’. The judges also raised the fact that the government’s ‘guarantee’ that s 377A will not be proactively enforced is problematic and also highlighted that police continues to issue ‘stern warnings’ to gay men in Singapore under the section.

Other important points:-

●    s 377A makes victims out of LGBT individuals. The possibility of arrest prevents men – and women - from contacting the police in criminal cases. For example, in cases of domestic violence, theft and even rape or abuse.
●    Fewer than 5% of the people living in East and Southeast Asia live in countries that criminalise homosexuality, and Singapore stands out in this small group. Historically, the country shared a similar provision criminalising homosexuality in its penal code with India and Hong Kong based on British colonial era legislation.  The latter two have since repealed such legislation.
●    s 377A has far-reaching impact beyond the criminal aspect, underpinning discriminatory regulations and policies, e.g. in media and broadcasting regulations, education, housing, and access to public health
●    The continued existence of s 377A prevents governmental, non-profits and other organisations from being able to develop and create programmes aimed at ensuring the physical and psychological health of LGBT Singaporeans and residents. This range from issues relating to workplace discrimination, bullying in schools, LGBT youth suicide and Sexuality Education.
●    Societies and groups related to LGBT issues can’t be registered in Singapore, which prevents the formation of community groups that may cater to the specific health and social needs of LGBT people.
●    Like everyone else, gays, as well as lesbian, bisexual and transgender individuals desire equal protection under the law and freedom from discrimination.
●    s 377A legitimises and perpetuates stigma and discrimination against lesbian, gay, transgender and bisexual people in society



[1] "Advanced economies" as identified by the IMF World Economic Outlook Group http://www.imf.org/external/pubs/ft/weo/2012/02/weodata/groups.htm#ae. Singapore is the only economy in this list which criminalizes consensual sexual activity between men.
[2] Singapore, Malaysia, Brunei and Myanmar, all of whom inherited British colonial era criminalisation laws.