by Rei Kurohi
SINGAPORE - A lesbian, gay, bisexual and transgender (LGBT) rights activist has applied to the High Court for a mandatory order for Cabinet to move a Bill in Parliament to abolish the law that criminalises sex between men.
In another attempt to repeal Section 377A of the Penal Code, Dr Roy Tan Seng Kee, 62, argued that the Attorney-General's position on the non-enforcement of Section 377A renders the law otiose, meaning it is useless and serves no practical purpose.
The retired general practitioner said in a statement on Thursday (Dec 3) that Section 377A had become a "dead letter" - an obsolete law that has outlived its relevance - and its retention is unlawful, given the Government's decision not to enforce it.
Under the Supreme Court of Judicature Act, the High Court can issue "any person or authority any direction, order or writ for the enforcement of any right conferred by any written law or for any other purpose".
In applying for a mandatory order, applicants can also ask the court to make a declaration, or a statement of the court's authoritative opinion on a matter.
According to court documents filed by lawyer M. Ravi, Dr Tan is also seeking a declaration that Section 377A is incongruous and inconsistent with various other laws, including the Criminal Procedure Code. Read more via StraitsTime