of the Penal Code can be traced back to the British parliament more than 137 years ago, when a handful of lawmakers passed a"last-minute amendment to an entirely unrelated bill".
This was when then-Attorney General of Singapore CG Howell moved a Bill here stating that Section 377A was being introduced to bring Singapore's laws in line with the UK's criminal law. The unrelated amendment on male homosexuality was introduced by a member of parliament Henry Labouchere. "After that short explanation, he then simply said he did not think it was necessary to discuss the proposal at any length, because the government was willing to accept it," Mr Shanmugam said, adding that this explanation raised more questions than it answers.
The amendment was also dealt with in the British parliament in less than four minutes, where there was no discussion on its substance before it was passed. "The reason this law was passed was linked to a specific important historical event in British history and not because there was any specific intention to make sodomy a crime," Mr Shanmugam said.
"When you go through this history, into the origins of the offence of sodomy, we see that it was introduced as part of a power struggle between Henry and the Catholic Church, and not because of any view that sodomy per se ought to be criminalised," Mr Shanmugam said.
Source: Law Daily Report (lawdailyreport.net)
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