'Fine' City: British Colonial Sentencing Policies and Its Lasting Effects on the Singaporean Corporal State George Baylon Radics Ph.D., J.D
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Santa Clara Journal of International Law Volume 12 | Issue 2 Article 3 5-27-2014 Singapore: A 'Fine' City: British Colonial Sentencing Policies and its Lasting Effects on the Singaporean Corporal State George Baylon Radics Ph.D., J.D. Follow this and additional works at: http://digitalcommons.law.scu.edu/scujil Part of the International Law Commons Recommended Citation George Baylon Radics Ph.D., J.D., Singapore: A 'Fine' City: British Colonial Sentencing Policies and its Lasting Effects on the Singaporean Corporal State, 12 Santa Clara J. Int'l L. 57 (2014). Available at: http://digitalcommons.law.scu.edu/scujil/vol12/iss2/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Journal of International Law by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. Singapore: A ‘Fine’ City Singapore: A ‘Fine’ City: British Colonial Criminal Sentencing Policies and its Lasting Effects on the Singaporean Corporal State George Baylon Radics, Ph.D., J.D.* * Post-Doctoral Fellow in the Department of Southeast Asian Studies, National University of Singapore. A version of this paper was presented at the Forefront Asia conference in Singapore on August 15, 2013 and the University of Liverpool in Singapore’s Public Lecture Series on February 19, 2014. The author would like to thank Jan Mrazec, M. Arafat Bin Mohamad, Leong Wai Teng, Saroja Dorairajoo, Soon Chuan Yean, Lim Kai Hui, Nilanjan Raghunath and Toby Roberts for their comments, suggestions and support. 57 12 SANTA CLARA JOURNAL OF INTERNATIONAL LAW 57 (2014) TABLE OF CONTENTS I. Criminal Punishment in the ‘Fine’ City-State of Singapore................................................................................61 II. Understanding Singapore’s Penal System ..................... 63 A “Asian Values” ................................................................................... 64 B. Rule of Law ......................................................................................... 65 C. Social Control .................................................................................... 66 D. Cultural Development and Modernization ................................... 67 III. The British Legacy .............................................................. 68 A. Contextualizing Oldham’s Appointment ....................................... 69 B. Judge Conrad Oldham ..................................................................... 72 C. Oldham’s Jurisprudence .................................................................. 74 1. Community over Self .................................................................... 75 2. Family as the Basic Building Block of Society ...................... 78 3. Discipline ......................................................................................... 83 VI. Conclusion ..............................................................................89 58 Singapore: A ‘Fine’ City This article interrogates the rise of the corporal punishment policies in Singapore. It argues that such policies, although justified as a product of “Asian values,” Singapore’s drive to modernize, or the ruling party’s attempt to aggrandize and entrench its position, can be traced to British police state rule over Singapore. In order to understand the British police state, the jurisprudence of Conrad Oldham, magistrate judge from 1939-1941, will be examined in detail to demonstrate that many of the laws that Singapore is criticized for today can be traced back to the laws handed down by its former colonial rulers. Hopefully, this article will shed light on the complicated process of uprooting or internalizing a legal system foreign to the nation. It also aims to provide an alternative explanation that may enhance our understanding of the existing justifications behind, and criticisms of, Singapore’s corporal laws. Singapore is one of the most developed countries on earth. By some estimates, it is the world’s fourth-leading financial center,1 the world’s second busiest port,2 and the nation with the world’s highest per capita income. 3 In 1904, British Admiral Sir John Fisher proclaimed Singapore, due to the nation’s strategic location and military, one of the “five keys” that “lock up the world.”4 Today, Singapore aspires to be not a key military outpost, but a global city—an indispensible economic node in the international system. In pursuit of such status, the country has developed at an unprecedented pace, consistently performing well in a number of indexes, including livability,5 places to be born,6 transparency,7 and intelligence quotients.8 Singapore has also developed a reputation as being one of the cleanest, safest, and most orderly nations on earth.9 Its 1. MARK YEANDLE & CHIARA VON GUNTEN, LONG FINANCE, 13 GLOBAL FINANCIAL CENTRE INDEX 4 (Mar. 2013), available at http://www.geneve- finance.ch/sites/default/files/pdf/2013_gfci_25march.pdf. 2. Marsha Salisbury, The JOC Top 50 World Container Ports, JOURNAL OF COMMERCE (Aug. 15, 2013), http://www.joc.com/port-news/joc-top-50-world-container-ports_20130815.html. 3. KNIGHT FRANK & CITI PRIVATE BANK, THE WEALTH REPORT 2012: A GLOBAL PERSPECTIVE ON PRIME PROPERTY AND WEALTH 11 (2012), available at http://thewealthreport.net/The-Wealth- Report-2012.pdf; see also Joseph E. Stiglitz, Op-Ed., Singapore’s Lessons for an Unequal America, N.Y. TIMES, Mar. 18, 2013, available at http://opinionator.blogs.nytimes.com/2013/03/18/singapores-lessons-for-an-unequal-america/. 4. Nicholas A. Lambert, Strategic Command and Control for Maneuver Warfare: Creation of the Royal Navy’s “War Room” System, 1905-1915, 69 J. MILITARY HIST. 361, 381, No. 2 (2005). 5. Te-Ping Chen, Singapore Tops Livability Index, WALL ST. J., Apr. 18, 2012, available at http://blogs.wsj.com/searealtime/2012/04/18/singapore-tops-livability-index/. 6. Top Ten Places to be Born in 2013, FORBES, http://forbes.com/pictures/eglg45fheje/no-6-singapore- 12/ (last visited Feb. 20, 2014). 7. Corruption Perception Index 2012, TRANSPARENCY INT’L, http://transparency.org/cpi2012/results (mouse over Singapore on the map or click on “View Results Table”). 8. Nicholas D. Kristof, Op-Ed., It’s a Smart, Smart, Smart World, N.Y. TIMES, Dec. 12, 2012, available at http://www.nytimes.com/2012/12/13/opinion/kristof-its-a-smart-smart-smart- world.html. 9. Naomi Rovnick, What the world can learn from Singapore’s safe and squeaky-clean high-rise housing projects, QUARTZ, Nov. 22, 2012, available at http://qz.com/30159/what-the-world-can- learn-from-singapores-safe-and-squeaky-clean-high-rise-housing-projects/. 59 12 SANTA CLARA JOURNAL OF INTERNATIONAL LAW 57 (2014) judicial system is no exception; it was recently ranked as amongst the most effective legal institutions in the world.10 Yet, for many, it is undeniable that such an astronomical rise has been accompanied by a corresponding deterioration in personal liberties, rights and freedoms. While the nation has developed the reputation as being clean, safe and orderly, it is also often depicted as an authoritarian state that uses draconian measures to suppress individual freedoms in order to achieve economic growth and social order. One observer noted that, “Singapore’s success has come with what many see as a terrible price—the loss of free speech, even free thought, and the endless intrusions of a government so obsessed with the daily life of Singaporeans that it is a crime even to fail to flush a public toilet.” 11 Furthermore, such criticisms have affected the manner in which the world views the Singaporean justice system. According to another observer, “Singapore has dispensed with jury trials, abridged the right to legal counsel and the right against self- incrimination and allows prolonged detention without trial or charges for suspected gangsters and drug traffickers.” 12 The observer added that, “[p]resumably juries and defense lawyers are just superfluous niceties that get in the way of clean streets and law- abiding citizens.”13 Such negative perceptions tarnish Singapore’s squeaky-clean image. After all, how can Singapore be considered a cosmopolitan and global city if it cannot adapt to a constantly changing world? Perhaps in response, recently, the parliament passed legislation that eased the death penalty policy that so many rights groups throughout the world used as evidence of Singapore’s inhumane and cruel corporal punishment.14 Moreover, although still on the books, many of the “endless intrusions” by the Singapore government that perpetuate the idea that life in the nation is intolerably strict, have become less restrictive. Regulations concerning street performances, public protests, and restrictions on who can buy government subsidized homes have slackened, albeit under close watch and regulation by the government. The Supreme Court of Singapore is currently reviewing whether Section 377A of the Penal Code, the provision that prohibits “grossly indecent acts” between men, is constitutional and subject to being stricken out.15 While the process of editing and relaxing some of Singapore’s laws is slow, and many 10. Top Ratings for Justice System Here, STRAITS TIMES (Sing.), Oct. 19, 2007, at 50. 11. Philip Shenon, Singapore, The Tiger Whose Teeth Are Not Universally Scorned, NY TIMES, April 10, 1994, section 4, at 5. 12. A Sentence from the Dark Ages, LA TIMES, April 19, 1994, at B6. 13. Id. 14. Press Release, Attorney