Cablegate: Anti-Tip Provisions Go Into Effect On February 1

VZCZCXRO3680
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHGP #0114/01 0290927
ZNR UUUUU ZZH
O 290927Z JAN 08
FM AMEMBASSY SINGAPORE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4806
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 SINGAPORE 000114

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KCRM PHUM PGOV KWMN PREL SN
SUBJECT: ANTI-TIP PROVISIONS GO INTO EFFECT ON FEBRUARY 1

REF: A. 07 SINGAPORE 2254
B. 07 SINGAPORE 1314

1. (U) On February 1, the Penal Code (Amendment) Act 2007
will come into operation. The amendments include three
important provisions to combat trafficking in persons (TIP)
by criminalizing: commercial sex with a minor under 18 years
old, commercial sex by any Singaporean citizen or permanent
resident with a minor under 18 years old outside of
Singapore, and organizing or arranging tours outside
Singapore for commercial sex with a minor under 18 years old.
(See para 3 for full text of the anti-TIP provisions.) The
comprehensive revision of the Penal Code was delayed for
reasons unrelated to the anti-TIP provisions, primarily a
lengthy debate over retaining a ban on sex between men (Ref
A).

2. (SBU) Comment: In the 2007 TIP Report, Singapore was
downgraded from Tier 1 to Tier 2 principally because
prostitution was legal for 16 and 17 year olds (Ref B). With
these new anti-TIP provisions, the GOS has taken an important
step in resolving this gap in its legislation and bringing it
up to international standards. End Comment.

3. (U) Begin Text of Anti-TIP Provisions from the Penal Code
(Amendment) Act 2007:

Commercial sex with minor under 18
----------------------------------

376B.--(1) Any person who obtains for consideration the
sexual services of a person, who is under 18 years of age,
shall be punished with imprisonment for a term which may
extend to 7 years, or with fine, or with both.

(2) Any person who communicates with another person for the
purpose of obtaining for consideration, the sexual services
of a person who is under 18 years of age, shall be punished
with imprisonment for a term which may extend to 2 years, or
with fine, or with both.

(3) No person shall be guilty of an offence under this
section for any sexual services obtained from that person's
spouse.

(4) In this section, "sexual services" means any sexual
services involving --

(a) sexual penetration of the vagina or anus, as the
case may be, of a person by a part of another person's body
(other than the penis) or by anything else; or

(b) penetration of the vagina, anus or mouth, as the
case may be, of a person by a man's penis.

Commercial sex with a minor under 18 outside Singapore
--------------------------------------------- ---------

376C.--(1) Any person, being a citizen or a permanent
resident of Singapore, who does, outside of Singapore, any
act that would, if done in Singapore, constitute an offence
under Section 376B, shall be guilty of an offence.

(2) A person who is guilty of an offence under this section
shall be liable to the same punishment to which he would have
been liable had he been convicted of an offence under section
376B.

Tour outside Singapore for commercial sex with minor under 18
--------------------------------------------- ---------------

376D.--(1) Any person who --

(a) makes or organises any travel arrangements for
or on behalf of any other person with the intention of
facilitating the commission by that other person of an
offence under section 376C, whether or not such an offence is
actually committed by that other person;

(b) transports any person to a place outside
Singapore with the intention of facilitating the commission
by that other person of an offence under section 376C,
whether or not such an offence is actually committed by that
other person; or

(c) prints, publishes or distributes any
information that is intended to promote conduct that would
constitute an offence under section 376C, or to assist any
other person to engage in such conduct,

shall be guilty of an offence.

SINGAPORE 00000114 002 OF 002

(2) For the purposes of subsection (1)(c), the publication
of information means publication of information by any means,
whether by written, electronic, or other form of
communication.

(3) A person who is guilty of an offence under this section
shall be punished with imprisonment for a term which may
extend to 10 years, or with fine, or with both.

End Text of Anti-TIP Provisions.

Visit Embassy Singapore's Classified website:
http://www.state.sgov.gov/p/eap/singapore/ind ex.cfm
HERBOLD

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