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13 Oct 2006

singaporean gay man seeks asylum in the US

A Singaporean gay man seeking asylum on grounds of gay persecution by his home country has been granted a new trial by the United States Court of Appeals.

A gay male immigrant from Singapore has been granted a new trial before an Immigration Judge on his asylum petition to determine whether he has a reasonable fear of persecution if he were forced to return to his home country, according to the New York based Gay City News magazine.

Section 377A of the Singapore Penal Code reads: Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.
The report said that the US Court of Appeals in San Francisco ruling on Oct 4 is the latest of several in which federal appeals courts found that Immigration Judges and the Board of Immigration Appeals (BIA) have overlooked or ignored evidence of anti-gay policies and practices abroad.

Yeoh was first denied asylum by an Immigration Judge and the BIA, and was refused "withholding of removal" status which would grant the person the right to remain in the US and work legally but not to apply for legal permanent residence.

The Immigration Judge concluded that there is "no evidence that the government of Singapore is actively seeking out and prosecuting homosexual relationships or individuals engaging in those relationships," and there is "no evidence at all presented that the government of Singapore is prosecuting homosexuals for private acts."

The report also noted that the Immigration Judge (IJ) did not consider nor mention the other documents Yeoh presented such as gay men being "singled out" under laws that could also apply to heterosexual conduct and the penal code's criminalisation of "the abetting of certain male-to-male sexual activity and criminal sentencing rules that allow for penalties against gay men "disproportionate" to their crimes."

Yeoh was referring to Section 377A of the Singapore Penal Code which reads "any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years."

While Yeoh also mentioned the practice of plainclothes police officers posing as decoys to arrest gay men who approach them, the last known case was in 1994 when a man was charged under section 354 for molesting an undercover police decoy by touching the policeman's penis.

The man was originally sentenced to four months' imprisonment and three strokes of the cane, however he appealed and the sentencing was reversed and a fine of S$2000 (US$1,260) was imposed. In November 1993, 12 men were nabbed in an anti-gay operation which involved plainclothes officers as decoys. The men whose names, ages and occupations were reported in the press received between two to six months in jail and all were given three strokes of the rotan cane.

When contacted by Fridae and asked whether gay men would be justified in saying that they have a reasonable fear of persecution in the city-state, Alex Au of Singapore's People Like Us group said: "For asylum purposes usually (and understandably) the applicant has to show a real fear of direct persecution by the government. While S.377 and S.377A may undergird a climate of prejudice and discrimination, not just social, but also in terms of how the bureaucrats apply bias in their jobs, it's difficult to treat such discrimination as equivalent to persecution."

Although the last known case of police entrapment was over a decade ago, gays and lesbians in Singapore are still subjected to discrimination and harassment. People Like Us, a gay advocacy group, has been refused by the Registrar of Societies twice when they tried to register a society. Gay events have also been subject to intense scrutiny by the authorities in the recent years, large-scale events have been denied permits for being "contrary to public interest" while several organisers of events that were part of the recent gay IndigNation festival were repeatedly "interviewed" by the Police about their events - although they were not required to apply for permits.

Singapore

Reader's Comments

Comment #1 was deleted by its author
2. 2006-10-14 21:11  
I wish Yeoh all the best. I hope he gets to stay here in the USA
3. 2006-10-14 23:18  
If there are laws against groups that in itself is discrimination. If the laws allow for punishments then that is persecution.
Anti-gay laws are the same as the ani-Jewish laws in Germany in the 1930's. The laws in Singapore seem to prevent gays gaining employment, prevent them from gathering for peaceful purposes and force them to live secret lives.
However, in one of the counries to the west of Singapore they are hanging gays in public. People there have a n even greater and more imperative need for asylum in free countries.
4. 2006-10-14 23:18  
If there are laws against groups that in itself is discrimination. If the laws allow for punishments then that is persecution.
Anti-gay laws are the same as the ani-Jewish laws in Germany in the 1930's. The laws in Singapore seem to prevent gays gaining employment, prevent them from gathering for peaceful purposes and force them to live secret lives.
However, in one of the counries to the west of Singapore they are hanging gays in public. People there have a n even greater and more imperative need for asylum in free countries.
5. 2006-10-15 00:47  
I love to visit Singapore before I moved from Hong Kong to Canada. I love singapore cause of its cleaness and safety! People are nice and the foods are good! It badly disappoints me to know it is such inhumane to the gay people. Whast have we done wrong? It is just our sexual preference. We are born to be gay mostly! If they want to punish us, they should go to punish God too! I feel lucky that I live in a hassle-free country. The gay people can get marry in Canada! Hong Kong, the police is no longer to check those gay venues unless there is trouble there.
6. 2006-10-15 10:44  
It really is time for the Singaporean government to grow up and join the rest of the first world. The anti-gay policies and practices of this government are unjust and drastically outdated. Its ironic that the government spends such huge amounts of money to promote racial harmony yet on the other hand fosters such a culture of fear and hatred towards gay people .
7. 2006-10-15 13:17  
Sgbore's got a dic for a gov.
The whole Li dynasty's a dic.
Run for your lives, gboys.
8. 2006-10-16 09:02  
When I visited Kuala Lumpur earlier this year, I was on the fence about whether to travel down to visit a few friends in Singapore. Ultimately, I didn't. The government has always been a bit creepy, and it did influence my decision somewhat.
9. 2006-10-16 12:49  
I totally agree with Bluemajat.

Another point, (if no one has already mentioned it), is that the Singapore government is always trying to get its hands on extra money, so why haven't they realised that legalising homosexuality and promoting Singapore as a destination for gay people as well will mean extra revenue!?!?!?

So stupid! Meanwhile Thailand can continue to gain on Singapore's huge losses!
10. 2006-10-17 12:22  
Stopped going to Singapore after the last Natuion party that was held there where they directed raids at ZOUK when it was a gay party there... The Singapore Government has always been homophobic and thats why I have stopped all business as well as recreational trips there.....
Why should I spend my hard earned pink dollars there when I am not welcome!
11. 2006-10-17 15:06  
I always envy Singaporean in many issues. Somehow I still love to live in Thailand because of freedom (eventhough it seems to be a Thai style), safety (many think BKK is not safe) and friendly (we can get smiles from person we don't know each other before).

We don't wanna gain any profit from this issue...however we welcome with understandability.
Love you guys all.
Comment #12 was deleted by its author
13. 2006-10-17 22:12  
May be one of the factors that influence the negative stance bythe Singaporean government is that when they see homosexual behaviour in places like Australia with so many freedoms and opportunities yet the local gays are squandering them by a lack of patriotism and pure irresponsible sexual self interest, last federal elections Howard's horrible liberal government brought in a marriage ban at the same time there was heavily reported HIV increases amongst homosexual men in the media, so obviously no one (aside from the Green and Democrats who are pro Gay rights) really rushed to object as the feral queers here are spoiling it for the decent gay men (and in this marriage issue Gay Woman as well) who do the right thing in regards to sexual health and civic responsibility, learn by our lesson don't be seen as irresponsible low class queers, be seen as deserving citizens and may be things will improve in Singapore, it's all about good strategy and getting the rest of the GAY team to play along towards a common benefit, don't envy us we're blowing it for our selves don't emulate us so many are just idiot queers
14. 2006-10-19 00:48  
I wish Yeoh the best also. Everyone regardless of sexual orientation should have the right, and the opportunity to live in the absence of fear of prosecution, persecution, discrimination, and physical harm. ANYONE who is brave enough, comitted enough, with tenacity enough to publically pursue his/her dream, has my vote and I send Mr. Yeoh positive energy and love, in the pursuit of his happiness in the USA. go bro.....
Comment #15 was deleted by its author
Comment #16 was deleted by its author
17. 2006-10-19 19:59  
aztlan_oz you really don't have a clue what you are talking about, there is no less irresponsible sexual behavior in Singapore than there is in Australia, possibly more (phop).
While I don't condone it to say that the Singapore Government is affected by it is nonsense. The Singapore government has consistently refused to allow sensible open promotion of safe sex, do not allow condoms to be distributed at party events etc, have refused to allow many events designed specifically to promote safe sex, so they can hardly use that as an excuse. Singapore opened up quite a bit under Goh Cheok Tong, but since Lee Kuan Yew's son took over as PM, it's taken a steep downhill slide. As bluejamat said earlier they need to wake up.
I wish the guy luck with his claim in the US, but the way things are going, in a few years he might have to claim asylum from there as well!!!
18. 2006-10-20 11:20  
If I recall correctly, the last two cases of entrapment was committed just this year. It was not mentioned explictly on the papers it was gay and that was not flashed out but the police went to a men only chatroom and specifically looked for men who would meet them and have drugs with them. Why a men only chatroom? Because being gay means you take drugs?

Gay bashing does happen too in Singapore but is hidden behind social masks like violence, gang fights, drunk fighting, robbery etc.
19. 2006-10-21 11:35  
The gayish environment of Singapore has improved over the decade, however, being gay in Singapore we are still constantly living in fear. Fear of being exposed and prosecuted in many ways just because we are gay. Government denied the rights of gay because of public intorelance and public lack the education and persuation from the government. Its hard enough being gay and heart tearing being minorized by the government and the majority. Where can we seek shelter and who can we express ourselves?

Yeoh, if you find your 'physical home' and 'spiritual home', go for it. I will be happy for you.

Heartlander,
20. 2006-10-24 00:33  
left singapore when i was a wee lad; aged 17,am 35 now, visits sg once a while, hope every remembers apartied in africa, well look no further , theres segration everywhere u look in singapore

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