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Singapore Leading Case convention rightsrule of lawgrounds illegality

Tan Seng Kee v Attorney-General

[2022] 1 SLR 1347
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2022
StatusBinding authority

Summary

SGCA held s.377A Penal Code valid but unenforceable against private consensual male conduct given AG's non-prosecution undertaking; section subsequently repealed.

Key Principle

The SGCA held that s.377A of the Penal Code, while valid, was unenforceable against private consensual conduct between men due to the AG's undertaking not to proactively enforce it; the section was subsequently repealed.

Area of Law

constitutional

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