May 8, 2008

When Infectious Diseases Act meets 377A Commenting

I dunno how this case started - did the man get arrested in the act, did someone file a complaint, did the boy contract HIV from this man?

Nevertheless, while he is the test case for the amended Infectious Diseases Act, why did he also get charged for "committing an act of gross indecency" aka 377A? And if he got charged, did the boy also get charged? I mean, they blew each other right?

So what happens now to the ‘promise’ that it wont be actively enforced?

And one more thing. I think the Act only came into effect in Apr or May 08. How then does a guy get charged under this Act when the event in question was in Sep 07? Can these laws be applied retroactively?

HIV man admits having oral sex with teenage boy

This is the first case to come to court under the amended Infectious Diseases Act passed last month.
By Elena Chong

IN THE first case of its kind, an HIV-infected man was charged in court on Wednesday for engaging in oral sex with a 16-year-old boy.
Chan Mun Chiong, 43, pleaded guilty to the charge as well as another of committing an act of gross indecency with the teen.
The Ministry of Health summons charge states that he had oral sex with the boy without telling him of the risk of contracting HIV infection from him and getting his voluntary agreement to accept that risk.
The offence carries a maximum fine of up to $10,000 or jail term of up to two years or both.
The bespectacled chef with short spiky hair also admitted to performing oral sex on the boy and with each other at a male toilet cubicle at Northpoint Shopping Centre along Yishun Avenue 2 last Sept 15.
He will return to court on Thursday for his case to be dealt with.
He is out on $10,000 bail.
For the gross indecency charge, he faces a jail term of up to two years.
Under amendments to the Infectious Diseases Act passed last month, those found guilty of having unprotected sex even if they do not know but have ‘reason to believe’ that they have or have been exposed to the virus can be jailed for up to 10 years and/or fined up to $50,000.
MOH has investigated previous cases before but none has been prosecuted until Wednesday.
One case was compounded last year and the offender has left Singapore.

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