CaningCaning is a form of corporal punishment consisting of a number of hits with a cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hand . Application of a cane to the knuckles or the shoulders has been much less common...
is used widely as a legal form of
corporal punishmentCorporal punishment is the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to change an undesirable attitude or behaviour...
in
SingaporeSingapore , officially the Republic of Singapore, is an island city-state located at the southern tip of the Malay Peninsula, lying north of the equator, south of the Malaysian state of Johor and north of Indonesia's Riau Islands. At , Singapore is a microstate and the smallest nation in Southeast...
. It can be subdivided into several contexts, namely domestic/private, school, reform school, military and judicial.
Of these, judicial caning, for which Singapore is best known, is the most severe. It is reserved for male criminals aged under 50, for at least 30 different offences under the
Criminal Procedure CodeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
. Caning is also a legal form of punishment for delinquent male members of the military (
Singapore Armed ForcesThe Singapore Armed Forces is the military arm of the Total Defence of Singapore; as well as the military component of the Ministry of Defence. The SAF comprises three branches: the Singapore Army, the Republic of Singapore Air Force and the Republic of Singapore Navy...
-- SAF) and these canings are administered in the SAF Detention Barracks. Caning is also an official punishment in reform schools and a form of prison disciplinary measure. In a much milder form, caning is used to punish boys and youths in many Singaporean schools.
A much smaller cane is also used by some parents as a punishment for their children of either sex. This is not outlawed in Singapore.
History
Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to
SingaporeSingapore , officially the Republic of Singapore, is an island city-state located at the southern tip of the Malay Peninsula, lying north of the equator, south of the Malaysian state of Johor and north of Indonesia's Riau Islands. At , Singapore is a microstate and the smallest nation in Southeast...
and
MalaysiaMalaysia is a country in Southeast Asia that consists of thirteen states and three Federal Territories, with a total landmass of . The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government. The population stands at over 28 million inhabitants...
(both then part of
British MalayaBritish Malaya loosely described a set of states on the Malay Peninsula that were colonized by the British from the 18th and the 19th until the 20th century. Before the formation of Malayan Union in 1946, the colonies were not placed under a single unified administration...
) during the
BritishThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
colonial period. It was formally codified under the
Straits Settlements Penal Code Ordinance IV.
In that era, offences punishable by caning were similar to those punishable by birching or flogging in England and Wales, and included:
- Robbery
Robbery is the crime of seizing property through violence or intimidation. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Precise definitions of the offence may vary between...
- Aggravated forms of theft
In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes...
- Breaking and entering
Burglary is a crime, the essence of which is entry into a building for the purposes of committing an offence. Usually that offence will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
a house
- Assault
Assault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand, assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States, assault may refer only to the threat...
with the intention of outraging the victim’s modestySexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another, when that force falls short of being a sexual assault. The offender is referred to as a sexual abuser or molester...
- A second or subsequent conviction of rape
Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or without sexual penetration of another person without that person's consent....
- A second or subsequent offence relating to prostitution
Prostitution is the act or practice of engaging in sex acts for hire. In most cultures, prostitution is viewed by many as a deviant profession, either illegal or socially discouraged...
- Living on or trading in prostitution.
Caning remained on the statute book after Malaysia declared independence from Britain, and likewise in Singapore after it declared independence from Malaysia. Subsequent legislation has been passed by the
Singaporean ParliamentThe unicameral Parliament of Singapore is the legislature of Singapore with the President as its head. It currently consists of 84 Members of Parliament. Based on the concept of parliamentary sovereignty in the United Kingdom, it is supreme over all other government institutions and may change or...
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 227 to 233 of the
Criminal Procedure CodeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
lay down the procedures governing caning, including:
- A convicted male criminal who is between the ages of 18 and 50 and has been certified medically fit by a medical officer may be subjected to judicial caning.
- He will receive a maximum of 24 strokes of the cane on any one occasion, irrespective of the total number of offences committed.
- If the offender is under 18 he may receive up to 10 strokes of the cane, but a lighter rattan
Rattan , is the name for the roughly 600 species of palms in the tribe Calameae, native to tropical regions of Africa, Asia and Australasia. Most rattans differ from other palms in having slender stems, 2–5 cm diameter, with long internodes between the leaves; also, they are not trees but are...
cane will be used in this case. Male juveniles under the age of 16 may be sentenced to caning only by the High Court and not by district courts.
- He will not be caned if he has been sentenced to death
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 13.57 executions per one million population during that period. The next highest was Turkmenistan with...
.
- The thickness of the rattan cane shall not exceed half an inch (1.27 cm) in diameter.
A convicted male criminal not sentenced to caning may be caned in prison if he breaks prison rules.
Offences punishable by caning
Singaporean lawThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
allows caning to be ordered for over 30 offences, including
robberyRobbery is the crime of seizing property through violence or intimidation. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Precise definitions of the offence may vary between...
, gang robbery with
murderMurder, as defined in common law countries, is the unlawful killing of another human being with intent , and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, drug use, vandalism, and rioting. Caning is also a mandatory punishment for certain offences such as
rapeRape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or without sexual penetration of another person without that person's consent....
,
drug traffickingThe illegal drug trade is a global black market consisting of the cultivation, manufacture, distribution and sale of illegal controlled drugs. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug control laws...
and for visiting foreigners who overstay their visa by more than 90 days.
Statistics
In 1993 the number of criminals caned was 3,244.
By 2007, this figure had doubled to 6,404 criminals sentenced to caning. Of these sentences, about 95% were actually implemented.
Caning takes place at several establishments around Singapore, notably
Changi PrisonChangi Prison is a prison located in Changi in the eastern part of Singapore.-First prison and POW camp:...
but also including Queenstown Remand Centre, where
Michael P. FayMichael Peter Fay is an American who briefly shot to worldwide fame when he was sentenced to caning in Singapore as an 18-year-old in 1994 for theft and vandalism...
was caned in 1994. Canings are also administered in the Drug Rehabilitation Centres.
The cane
A
rattanRattan , is the name for the roughly 600 species of palms in the tribe Calameae, native to tropical regions of Africa, Asia and Australasia. Most rattans differ from other palms in having slender stems, 2–5 cm diameter, with long internodes between the leaves; also, they are not trees but are...
cane four feet (1.2 metres) long and half an inch (1.27 cm) thick is used for prison and judicial canings. It is larger and heavier than the canes used in the domestic, school and military contexts. The cane is soaked in water beforehand to make it heavier and more flexible. The Prisons Department denies that canes are soaked in
brineBrine is water saturated or nearly saturated with a salt .It is used to preserve vegetables, fish, and meat, in a process known as brining . Brine is also commonly used to age Halloumi and Feta cheeses.Brine is a common fluid used in large refrigeration installations for the transport of heat from...
, but has said that the cane is treated with
antisepticAntiseptics are antimicrobial substances that are applied to living tissue/skin to reduce the possibility of infection, sepsis, or putrefaction...
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 view of the public and other inmates. Those present are limited to the inmate, prison wardens, medical officers, the caning officer and sometimes high-ranking prison officials to witness the punishment.
An inmate sentenced to caning receives no advance warning as to when he will be caned, and is notified only on the day his sentence is to be carried out. In the caning room, the inmate is ordered to strip naked and receives a medical examination by the prison doctor to check whether he is medically fit for caning, by measuring his blood pressure and other physical conditions. If the doctor gives the green light, the inmate then receives his caning, but if he is certified unfit for punishment, his punishment is postponed to a later date, or he is sent back to the court for his prison term to be increased instead. A prison official confirms with him the number of strokes he is to receive.
The inmate is then led to the A-shaped frame (called a "caning
trestleA trestle is a rigid frame used as a support, especially referring to a path supported by a number of such braced frames or short spans supported by splayed vertical elements . Timber trestles were extensively used in the nineteenth century in mountainous areas and to traverse floodplains adjacent...
") and his wrists and ankles secured tightly to the frame by strong leather straps in such a way that he assumes a bent-over position on the frame at an angle of close to 90° at the hip, with his
posteriorThe buttocks are rounded portions of the anatomy located on the posterior of the pelvic region of apes and humans, including many other bipeds or quadrupeds.-Anatomy:...
protruding. Protective padding is placed on his lower back to protect the vulnerable
kidneyThe kidneys are paired organs, which have the production of urine as their primary function. Kidneys are seen in many types of animals, including vertebrates and some invertebrates. They are part of the urinary system, but have several secondary functions concerned with homeostatic functions. ...
and lower
spineIn human anatomy, the vertebral column is a column usually consisting of 33 vertebrae, the sacrum, intervertebral discs, and the coccyx situated in the dorsal aspect of the torso, separated by spinal discs...
area from any mis-strokes so that only his buttocks are exposed to the cane. The officer administering the caning takes up position beside the frame and delivers the number of strokes specified in the sentence, at intervals of 10 to 15 seconds. He is required to put his full force into each stroke. The strokes are administered all in one caning session and not in 'instalments', contrary to popular belief. The caning may be halted if the medical officer certifies that the inmate cannot receive any more strokes due to his condition, and the rest of the strokes would be administered in another session.
Medical treatment and the effects
The immediate physical effects when the cane comes into contact are highly exaggerated in some popular accounts, such as that the "flesh and skin would fly". As Michael P. Fay put it, "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." More profuse bleeding of the buttocks can, however, occur in the case of a large number of strokes.
After the caning, the inmate is released from the frame and receives medical treatment. Antiseptic lotion (
gentian violetGentian violet is a bactericide and an antifungal agent,the primary agent used in the Gram stain test, perhaps the single most important bacterial identification test in use today, and it is also used by hospitals for the treatment of serious heat burns and other injuries to the skin and gums...
) is applied and the wounds left to heal. There may be long-term scarring of the buttocks, at any rate in the case of a large number of strokes. Those caned are not eligible to serve in the
Singapore Armed ForcesThe Singapore Armed Forces is the military arm of the Total Defence of Singapore; as well as the military component of the Ministry of Defence. The SAF comprises three branches: the Singapore Army, the Republic of Singapore Air Force and the Republic of Singapore Navy...
as
conscriptsNational Service is the name given to the compulsory conscription in Singapore of all male Singaporean citizens and second-generation permanent residents upon reaching the age of 18...
if they have not served yet.
Notable cases
- American Michael P. Fay
Michael Peter Fay is an American who briefly shot to worldwide fame when he was sentenced to caning in Singapore as an 18-year-old in 1994 for theft and vandalism...
, whose conviction for vandalism and sentence of 6 strokes of the cane attracted worldwide publicity and sparked off a minor diplomatic crisis between Singapore and the United States. The Singaporean government reduced Fay's sentence from 6 to 4 strokes, and he was caned on 5 May 1994.
- Dickson Tan Yong Wen, due to an administrative error, received 3 more strokes than he was sentenced to. Tan was sentenced on 28 February 2007 to a total of 9 months in jail and 5 strokes of the cane for two offences involving abetting an illegal moneylender to harass a debtor. He received 8 strokes on 29 March 2007. Tan sought S$3 million from the government in compensation for receiving 3 more strokes than he was sentenced to, but this was rejected. He did receive some compensation after negotiations, but the amount was kept secret.
Prison caning
Under the Prisons Act, prison superintendents may impose corporal punishment not exceeding 12 strokes of the cane for aggravated prison offences. This punishment can be imposed 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 to present his defence. The Prisons Director must approve the punishment before it can be carried out. It is administered in the same manner as for judicial caning.
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 award by an independent external panel.
Military Caning
In the
Singapore Armed ForcesThe Singapore Armed Forces is the military arm of the Total Defence of Singapore; as well as the military component of the Ministry of Defence. The SAF comprises three branches: the Singapore Army, the Republic of Singapore Air Force and the Republic of Singapore Navy...
, a subordinate military court, or the officer in charge of a disciplinary barrack, may sentence an offender to a maximum of 24 strokes of the cane (with a maximum of 12 strokes per offence, 10 in the case of minors) for breaking certain military rules. In either case, the punishment must be confirmed by the Armed Forces Council before it can be administered. The minimum age for caning within the Armed Forces is 16 (16.5
de facto, due to laws restricting entry into the Armed Forces to those 16.5 years of age or higher).
Military caning is less severe than its civilian counterpart, designed not to cause bleeding or permanent scars, and is not administered on the bare buttocks. Caning is mainly used on recalcitrant teenage conscripts. The cane used is only 6.35 millimetres (1/4 inch) in diameter (half the thickness of the prison/judicial cane).
No statistics have been published as to how many military personnel are caned.
School caning
Caning is also used as a form of corporal punishment in primary and, especially, secondary schools, and also in one or two post-secondary colleges, to maintain strict discipline in school. This is only applicable to male students. The punishment is administered formally in the British schoolboy caning style.
The
Ministry of EducationThe Ministry Of Education is a ministry of the Government of Singapore that directs the formulation and implementation of policies related to education in Singapore.-Statutory boards:...
encourages schools to punish boys by caning for such offences as fighting, smoking, cheating, gangsterism, disrespect or vandalism. Students may also be caned for repeated cases of more minor offences, such as being late five times in a term. The punishment may be administered only by the Principal or Vice-Principal, or by a specially designated and trained Discipline Master, usually in the Principal's office. At most schools, caning comes after detention but before suspension in the hierarchy of penalties..
Under Ministry regulations, the punishment should not exceed a maximum of 6 strokes (the majority of canings range from 1-3 strokes), using a light rattan cane about 4 feet long, typically administered to the
seat of the student's trousersThe buttocks are rounded portions of the anatomy located on the posterior of the pelvic region of apes and humans, including many other bipeds or quadrupeds.-Anatomy:...
as he bends over a desk or chair. The student will normally experience superficial bruises and weals for some days after the punishment.
Certain schools have special practices for caning, such as making the student change into PE attire for caning, or tucking a protective item into the boy's trouser waistband to protect the lower back from mis-strokes. Sometimes the student may be caned on the stage in front of an assembly of the whole school population (known as public caning) or in front of his class (known as class caning), to serve as a warning to potential offenders and to shame the student. In many cases he must also read out a public apology before receiving the strokes. Some schools implement a demerit points system, whereby students are liable for mandatory caning after accumulating a certain number of demerit points for a wide range of offences.
The majority of students caned are aged 14-16. The Ministry of Education recommends that the student receive
counsellingA school counselor is a counselor and educator who works in elementary, middle, and high schools to provide academic, career, college readiness, and personal/social competencies to all students through advocacy, leadership, systemic change, and teaming and collaborating with other stakeholders as...
before and/or after his caning, to avoid any danger of psychological harm.
Domestic/Private 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, typically for behaviour deemed morally or socially unacceptable, such as mischief, theft or defiance. A small rattan cane is used in this case, which is usually available in grocery stores. This form of punishment is legal in Singapore, but not particularly encouraged by the authorities, and parents are likely to be charged with
child abuseChild abuse is the physical and/or psychological/emotional mistreatment of children. In the United States, the Centers for Disease Control and Prevention define child maltreatment as any act or series of acts or commission or omission by a parent or other caregiver that results in harm, potential...
if the child is injured.
Sometimes parents use other implements such as a clothes hanger or even the handle of a feather-duster. The misbehaving child is usually whacked on the thighs, calves, buttocks or palms. Despite a perception that the caning of children is widespread in Singapore, a 2004 survey of 230 parents found that only about 20% of them used this form of punishment.
Objections to corporal punishment
Amnesty InternationalAmnesty International is an international secular non-governmental organisation which defines its mission as "to conduct research and generate action to prevent and end grave abuses of human rights and to demand justice for those whose rights have been violated." Founded in London in 1961, AI...
has condemned the practice of judicial caning in Singapore as "cruel, inhuman or degrading punishment". Also, it is regarded by some international observers as a violation of Article 1 in the
United Nations Convention Against TortureThe United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....
. However, Singapore is not signatory to the Convention.
Media
- Sān Gè Hăo Rén (One More Chance; Simplified Chinese: 3个好人) (2005) - a Singaporean film by Jack Neo
Jack Neo Chee Keong, PBM , born January 24, 1960 is a Singaporean actor, host and film-maker, most notably known for his comedic acts and skits.-Early life:...
which portrays the lives of three convicts in prison. It also reflects the social stigma towards ex-convicts. A judicial caning scene was featured in the film in which one of the three convicts (played by Henry ThiaHenry Thia is a Singaporean actor who is probably best known for his roles in Money No Enough and Police & Thief as Hui & Georgie Gan respectively...
) receives his caning sentence of 6 strokes. The scene is not featured explicitly and only the audio is heard in that scene instead of visual images.
- Xiăo Hái Bù Bèn Èr (I Not Stupid Too
I Not Stupid Too is a 2006 Singaporean film and the sequel to the 2002 film, I Not Stupid. A satirical comedy, I Not Stupid Too portrays the lives, struggles and adventures of three Singaporean youths—15-year-old Tom, his 8-year-old brother Jerry and their 15-year-old friend Chengcai—who have a...
; Simplified Chinese: 小孩不笨2) (2006) - a Singaporean film by Jack NeoJack Neo Chee Keong, PBM , born January 24, 1960 is a Singaporean actor, host and film-maker, most notably known for his comedic acts and skits.-Early life:...
which reflects the life of an ordinary Singaporean teenager in school and with his parents. One of the main characters, Tom Yeo (played by Shawn Lee), is publicly caned in school for fighting with his teacher. The caning scene is graphically portrayed, with the young man bending over a desk on stage in the school hall to receive three very hard strokes across the seat of his trousers in front of the assembled student body. This faithfully reproduced the procedure used in real life at the school where the scene was filmed, Presbyterian High SchoolPresbyterian High School is a government-aided mixed-sex secondary school in Yio Chu Kang, Singapore, opposite Yio Chu Kang MRT Station. Presbyterian High School has affiliations with Saint Andrew's Junior College...
. The public caning issue sparked off a debate in which it became apparent that some members of the Singaporean public did not realise that corporal punishment is widely used in secondary schools. Many seemed pleased to discover this, and letters in local newspapers suggested that the caning of errant schoolboys has wide support.
- Shí Sān Biān (The Homecoming
The Homecoming is a Singaporean Chinese TV drama series telecast on MediaCorp TV Channel 8. It made its debut on 3 April 2007 and ended its run on 30 April 2007...
; Simplified Chinese： 十三鞭) (2007) - a MediacorpMediaCorp is a state-owned group of commercial media companies in Singapore specialising primarily in television and radio broadcasting, and to a lesser extent, in periodicals and newspaper publishing and film-making. At present, MediaCorp runs eight television channels and 13 radio channels,...
television production. The Chinese title of the TV series translates as "Thirteen Strokes". In the TV series, four men were convicted of arson in their youth and sentenced to imprisonment and 3 strokes of caning each. One of them (played by Rayson TanRayson Tan is a Singaporean MediaCorp actor.Before joining MediaCorp, Tan worked as a flight attendant with Singapore Airlines. In 1990, he emerged as the 2nd Runner-Up in Singapore's Star Search talent competition...
) received an extra stroke of caning, supposedly for being the mastermind. Several years later when he becomes a successful lawyer, he sets off to find out who betrayed him and takes his revenge. The caning scene is featured in one of the episodes.
Literature
- The Caning of Michael Fay: The Inside Story by a Singaporean (1994) - a documentary book by Gopal Baratham
Gopal Baratham was a Singaporean author and neurosurgeon. He was known for his frank style and his ability to write about topics that were often considered controversial in the conservative city-state.- Career :...
published in the wake of the controversial caning of Michael P. FayMichael Peter Fay is an American who briefly shot to worldwide fame when he was sentenced to caning in Singapore as an 18-year-old in 1994 for theft and vandalism...
. It concentrates on the personal aspects, the punishment and the sociology of caning in Singapore. The book includes some descriptions of caning and photographs of its results, as well as two personal interviews with men who had been caned before.
See also
- Caning in Malaysia
Judicial caning in Malaysia is an official form of corporal punishment awarded by the courts. The maximum number of strokes that can be ordered under the criminal law is 24...
- Judicial corporal punishment
Judicial corporal punishment is the formal application of flogging, caning, birching, whipping, strapping or spanking as an official sentence by order of a court, as laid down for specified offences under the law of the country concerned...
- School corporal punishment
- Caning
Caning is a form of corporal punishment consisting of a number of hits with a cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hand . Application of a cane to the knuckles or the shoulders has been much less common...
External links