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10 Nov 2010

Singapore: Man fined S$3,000 for oral sex in public toilet

A 40-year-old man in Singapore has been fined S$3,000 after being found guilty of performing an obscene act in a public place.

Chin Chee Shyong was convicted under Section 294 of the Penal Code on Wednesday for having oral sex with another man in a shopping mall toilet cubicle on March 9.

The Straits Times said the police received a call from a waiter working at a nearby cafe who had complained of two men having oral sex in the toilet. The waiter and a colleague went to the toilet where the latter recorded the pair having sex on video. The pair however had left the toilet before the police arrived.

Shortly after, the complainant called the police again when he saw another two men entering the toilet. Police then confronted Chin and his partner Tan Eng Hong, 47, and asked the two to come out of the cubicle.

The Times reported on Wednesday: “Sensing a delay, Sergeant Mohd Faizal Bin Rosli climbed on top of the toilet bowl in the third cubicle and saw Tan, wearing only his shirt, throwing an unrolled condom into the toilet bowl. Sgt Faizal told Tan not to flush and to open the door.

“When Tan opened the door, Sgt Faizal climbed on top of the toilet bowl in the second cubicle and saw Chin putting on his socks. When grilled by police, Tan admitted to performing fellatio on Chin. The two were arrested.”

Chin’s charge was amended from Section 377A, which prohibits sexual relations between men and imposes a jail term of up to two years, to Section 294A which imposes a jail term of up to three months, or with fine, or with both.

In September, gay advocacy group People Like Us in a statement with regards to Tan's case urged the state to use “gender-neutral laws, so that whether the specifics are same-sex or opposite-sex, there is parity in treatment."

Tan has not been sentenced and is presented by M Ravi who filed an application in the High Court to challenge the legality of Section 377A.

According to Today newspaper on Sept 24, 2010, Ravi said in his eight-page application: "The continuance of Section 377A on the statute book operates to brutalise a vulnerable minority segment of the citizenry for no fault on its point. A section of society has been thus criminalised and stigmatised to a point where individuals are forced to deny the core of their identity and vital dimensions of their personality."


Reader's Comments

1. 2010-11-10 19:47  
Come on in a public toilet its not kinky its rather stupid of u man! proceed to hotel for an hour $12 dollars...or shall i borrow my place for u...lol
2. 2010-11-10 20:37  
Decriminalize homosexuality worldwide. If LGBTQ people could share and celebrate their love and lust with the same societal endorsements as heterosexuals (such as dating, courtship, marriage), we would not need to seek out covert sexual activity in unseemly locales.
Comment edited on 2010-11-10 20:38:51
3. 2010-11-10 20:59  
I guess now he can charge that 3k to experience.

I know that it's "thrilling" to do it in public places but I agree with #1, do it somewhere private where you can really enjoy hot man sex
4. 2010-11-10 21:00  
I agree with Edresh. At forty surely you can afford a night at an hotel. Be discreet and save that kind of fine! You are never going to change the PAP and the heartland, let alone the law.
5. 2010-11-10 21:09  
The state of New York had to close a highway rest stop in my locality because so many men went to the bathroom for sex ( it was at the junction of 3 highways) Lots of truckers and locals went in and either met in the bathroom and left to play in the nearby park or parking lot or did it in the bathroom stall.
Many were arrested over the years. Public sexual acts of any nature are a criminal act in most societies.

6. 2010-11-10 21:30  
Idiots! Grown up idiots at that! I'm sure their families will love this news.
7. 2010-11-10 23:14  
I wonder if the waiters will be charged with making an obscene film of the first pair and invasion of their privacy...there's something strange about them persistently sticking their heads under cubicles to see what people are up to.
8. 2010-11-10 23:16  
it's about time to upgrade your style,. do it in private., more time and passion and less worries.
9. 2010-11-10 23:38  
Could Edresh tell me where I can find an hotel for $12 or would he 'lend' me his place LOL Come to think of it perhaps he would like to meet me at his place :-)
10. 2010-11-10 23:46  
haha, so many rats- those two Mainland men who s**g in the toliet (disgusting enough, tho), those who rat those who s**g (local heroes)... lol There you go again, Singapore... : "don't do it with other boys- or I will tell your mom". Bloody pathetic, don't take offense, ok?
Comment edited on 2010-11-11 00:01:47
11. 2010-11-11 01:13  
Should blame the waiter,so gabor!
12. 2010-11-11 01:19  
I wonder why the waiter was so much bothered. Is it because he was jealous? Why didn't he mind his own business?
I think that sex in public is forbidden in most countries. Unfortunately, Singapore still discriminates against its gay population and it's about time to stop that.
13. 2010-11-11 02:09  
S'poreans are very self righteous, that's why! Of cos it's not so nice to know guys are having public sex in the toilet when u are there doing your business, but even then, mind your own business! Singaporeans can't!
14. 2010-11-11 02:11  
That cafe need to have staff reminded to be tolerant... in cubicles ? semi private.
Remember ..better to disobey the police rather than give them evidence...also..deny deny deny..never give in to inducement.. you lose...anyhow..

Remember..disobey..get rid of evidence first........and deny deny...refuse to admit..or tell.. protect yourself and the other...

Accept the offer of the 3some earlier... edresh... in his place....

Boycott that cafe... maybe some other ( legal) action to make the point..? at the cafe !
15. 2010-11-11 02:27  
well this whole case wouldnt have happened if the couple before those 2 wasn't slurpin so loud....their sex skills just cant rival mine haha JK

Eh...Shit happens...some people get a kick out of it by bathroom cubicles ;;shrugs;;
16. 2010-11-11 04:00  
Some people like this public challenge. I think they just want to be famous, never mind 3K it's a peanut for them LOL
17. 2010-11-11 05:47  
what if is straight who having public sex?? altho im not really into public sex but still.. this reminding us, all of the world are watching us- PLU..
18. 2010-11-11 06:14  
I get a kick out of doing stuff in public too sometimes, it's all about playing discreetly people.. ;P
19. 2010-11-11 06:27  
Gay or Straight having sex in a public toilet is something you can expect to be fined for. If you get caught then you will upset someone regardless of sexuality. What if a child had seen it? Public sex - Just don't do it, if you do then you accept the risk.
20. 2010-11-11 06:32  
i am not surprised...thats Singapore
21. 2010-11-11 07:39  
SEX is a natural urge that exists within each and every single healthy human being, especially in males.
Even in the animal kingdom, the male species would be willing to risk their lives to procreate. This is natural.

Now, as for having sex in public toilet cubicle, it's probably not the most ideal of all situations to do it, but as many of you know, when you have got to have it, you've got to have it. It's call being horny. And when you are horny, your judgment is clouded. Throughout history, men of all sexual preferences, have jeopardize their positions and careers because their judgments were clouded by lust. Just ask George Michael. But in his case, that was entrapment. Very different from this case.

In this case, a waiter and subsequently his colleague not only noticed the two gay men behaving strangely, it was so obvious that they decided to follow the two guys and call the police. Later, they even videotaped the act. What is this?
Come on! It’s wrong man.
Reeks of "oral-sex-envy". Who did the two gay men harmed? What happened to "Live-and-let-live"?
No one, that’s who.

No child was involved.
Two consenting adults and our government wants to tell us who, when, where we can have sex?
I hope all gay men in Singapore have learned their lesson from this case.
I don't think having sex with my fellow gay men is wrong.
However, when in “Rome” .... be discreet. Very very discreet.
22. 2010-11-11 07:51  
Cheap thrill turns expensive and ugly..
23. 2010-11-11 09:56  
I also share the common opinion that sex in public regardless of straight or gay people must be treated as a violation of the public order.
24. 2010-11-11 10:18  
Not everybody has a computer to use to find their casual sex partners. Not everybody has a place to go for consensual sex. Not everybody, on the spur of the moment, would reject an opportunity for sex while they went hunting for a cheap hotel.

What do you do then???

I wonder what the fine is for manslaughter??

To ferribal #4
"You are never going to change the PAP and the heartland, let alone the law. "

Of course you wont... especially if you give up without even trying
25. 2010-11-11 10:30  
No Matter where in the world you are sex in toilets is against the law,but i have seen in my life time a lot worse things than 2 people in a toilet that has close doors having sex ....why did the other people feel the need to video it ??? They are the ones who should be prosocuted as it is an invasion of privacy....Do'nt get me wrong i am not condoning the 2 guys in the cubicles actions, just that they where not really doing it in front of the public.
26. 2010-11-11 10:36  
LOL this is very funny, hey gay man.... u r not in jungle to be adventurous! i could have fix our decaying house with that fine!
27. 2010-11-11 10:55  
typical singapore...
28. 2010-11-11 11:20  
what if is a woman performing oral sex on man in the cubicle? Why police dun catch them?
29. 2010-11-11 11:26  
I did read the article, but maybe not carefully enough... so ONE man was convicted and fined? Doesn't it usually take two men for the whole oral sex event to take place? They arrested two men, but only convicted one... I don't get it.

And I must say, the actions of the waiter and his buddy are highly disturbing.

Agreed with the majority of the comments here about the risks and consequences of public sex. The chance that you may get caught is probably what makes it hot, but I guess not so much when you actually DO get caught. And really, in a shopping mall toilet stall? That's just kind of trashy, gay or straight.
30. 2010-11-11 11:38  
who is watching the police? i am constantly amazed at how under employed police are..................

still all the same if you do this in a public toilet with a lot of people around...........well it is risky.
31. 2010-11-11 11:38  
who is watching the police? i am constantly amazed at how under employed police are..................

still all the same if you do this in a public toilet with a lot of people around...........well it is risky.
32. 2010-11-11 11:52  
agree!! that's SINGAPORE! how stupid sex state!
33. 2010-11-11 12:48  
public toilet sex, whether straight or gay, is just not right. and it's against the law. Surely, they could have gone to those 2 hours love hotel instead. And there are lots of gay saunas around too! Or perhaps, the anxiety and thrill of public sex could have motivated them to do that --and they are paying the price of it now.
34. 2010-11-11 12:57  
Get a life! Go & book a room or do it in a sauna.... Don't blame anybody when u get caught having sex in public be it u''re hetero or homo....
Comment #35 was deleted by its author on 2010-11-12 15:07
36. 2010-11-11 14:33  
How the hell you record someone having sex in a cubicle if you're not there?
37. 2010-11-11 16:20  
38. 2010-11-11 17:59  
Seriously. Most comments here make me laugh. Sex in public is hot and very common in most countries I know. Gay or straight! So just relax. Be a little more adventurous, tolerant and have fun!
39. 2010-11-11 19:07  
indeed public sex to some can heighten the whole process and experience like ...high risk high orgasm ? lol ...or in this case fine and free publicity...

indeed it is strange that one was fined and the other escaped ?

40. 2010-11-11 19:52  
I always find it sad even pathetic that so many homosexual orientated men self sabotage in this way, they end up getting caught and outed if not out (how do you explain it away to your wife, parents or employer), pay fines or do time and why? just to suck on the syphilis infested stump of some other equally desperate queer in a public toilet, c'mon fella's we know better in this day and age, cheap meaningless sex just ain't worth doing time for or paying fines for (it would have been cheaper for this fool to hire a root) and YOU most probably WON'T get a hit single out of it, that was a one off for George Michael, if you know the risks and proceed and get cought then thats self sabotage. No one wants to gloat over others stupidity or misfortune but really it's time Gay men woke up to them selves, those slags encouraging others to take risks who live in harsher countries like Singapore Iran etc. should be treated with the distain they deserve, no guys think befor you UN-zip and encourage your friends to greater contemplation on sexual matters
Comment edited on 2010-11-11 20:11:43
41. 2010-11-11 21:49  
they should have come to malaysia
plenty of places for a quicky
look me up if u r free ...
42. 2010-11-11 21:56  
Umm wrong place wrong timing i say
43. 2010-11-12 04:32  
Idiots, how can you do this in Singapore.........
44. 2010-11-12 05:56  
In Ontario Canada (can't remember the name of the town) there was a public washroom that was frequently used by gay men for sexual activities. The town cops installed a security camera and caught a few men in the act.

When the case went to court, the judge threw the case out as the police committed an illegal act: filming people in the toilet. What happened if there are other innocent people around.

By the way, though public toilet is not private but it is semi private. It is not like having sex on the street or in the park. That is only my opinion

I don't support public sex, personally I think it's more enjoy able doing it at home or in a hotel. However, I do believe in people rights. I am wondering if this were a male and female would anybody even care?

45. 2010-11-12 06:29  
It should be quite clear to all that the stance of the Singapore government is that, for HIV-negative persons*:
1) consensual gay sex between adults in their private places is generally tolerated;
2) gay sex in public places, particularly where members of the public (including school children and straight adults) --whether consensual and whether only adults are involved --is generally NOT tolerated;
3) gay sex involving minors (children)--whether consensual and whether done in a private place--is generally NOT tolerated;
4) gay sex involving prohibited drugs--whether consensual, whether done in a private place, and whether only adults are involved--is generally NOT tolerated.

So, if you are HIV-negative and have sex:
A) with consensual partners;
B) who are adults;
C) in a private place; and
D) without prohibited drugs or substance abuse,
you should be quite well-tolerated in Singapore.

There is no reason for you to knowingly cross the line as described above in points #2-#4 if you value your freedom, reputation and hard-earned savings. There is also much room for you to enjoy a satisfying sex life by adhering to points A-D. So, I think those who knowingly choose to have sex in public toilets should be punished when there are so many other options open to them which allow them to both enjoy sex and show respect to other members of the public who may feel offended by their acts. They are also contributing to the gay community's negative publicity if news of such acts become exploited by malicious tabloids to feed those bigoted readers' ego.

*Persons who had been diagnosed as being HIV-positive must comply with certain legal obligations.
46. 2010-11-12 09:20  
Sad to see such things happen to our community but I do agree that if possible try not to do in public places as there is lots of KAPO people out there who love to see others get into trouble. Always remember to protect yourself and your love ones...think first don't let your lust rule your judgement...easy to say but at times harder to apply..ha..ha..
47. 2010-11-12 13:25  
is a toilet cubicle considered public or private?
For i know installing cameras in toilets is a crime
i think 2 other offences were commited here.
1. Taking a film of 2 guys having sex in a private cubicle.
2. Climbing over a partition to peek into a cubicle for whatever reason.
i do feel the 2 individuals privacy was violated

If they didn't admit to doing anything - could they still be charged?
and if no anal sex occured the law can't prosecute them -

But to the two guys - if u have to take ur socks off to get your rocks off, get a hotel room. Even tho it might seem kinky to have sex in public.

Safe and happy sex everyone!
48. 2010-11-12 23:56  
aNOTHER Kaypoh Singaporean... hahahha
49. 2010-11-13 09:58  
pls la, a civilized country does not allow this happen publicly.
granted really horny, cannot stand anymore, do quietly la guys pls.
50. 2010-11-13 12:19  
well, there is nothing better to do for the cops in a police state
51. 2010-11-14 20:28  

I find every party here extremely pathetic!

1) Chin Chee Shyiong & Tan Eng Hong should NOT have done it the public toilet. That show PLUs are desperate & uncivilised. Hello??! Go & chk in hotel or saunas!!! They should know jolly well that sex in public (incl Pearl's Ctr ) is never an option to anyone here, whether u're heterosexual, homosexual, bisexual, transexual, etc.

2) That darn 2 waiters should be charged for being peeping toms!! Or could it be Chin may have rejected his advances earlier...? Hmm... sweet revenge..?

3) Sgt Faizal should give several firm warning and just kick the cubicle door open since the two were too panic too react. In movies, cops dun climb on toilet seat to perpetually ask the 'accused' to please open the door..?

Please guys, let's be more civilized. Our society is opening up and that is partly because we have several prominent figures who did well & contribute the economy's success. Let's behave in PUBLIC, shall we?
52. 2010-11-14 23:19  
fryme: I lol'ed at No.3. But then again he should really have given a hard knock on the door instead choosing the earlier method. But what the hey i still love the idea of a police asking the accused to open the door. Lol

On serious note, always get a hotel number at hand.
53. 2010-11-14 23:19  
fryme: I lol'ed at No.3. But then again he should really have given a hard knock on the door instead choosing the earlier method. But what the hey i still love the idea of a police asking the accused to open the door. Lol

On serious note, always get a hotel number at hand.
54. 2010-11-15 18:32  
Hey gaybiker2003, you have been coming to me for lots so why would it concern you ha ha ha, plus the ones we gave each others are free ha ha ha. See you in chinese New Year soon xxxx
55. 2010-11-16 23:30  
U r indeed silly. The crime here is indecent act in a public place, regardless of sex.

Anyway, agree on the statement that the waiter and his fren shd be charged too. The same goes to the police man who peep into the cubicle. I seriously think the defendant stands a good chance to fight but too bad we asians are always afraid of public attention. Which is why we are very far behind in terms for gay right revolution compared to our western counterparts.
56. 2010-11-21 12:22  
What an expensive sexcapade !!!
57. 2010-11-30 15:46  
If anyone is still reading,... was just wondering if this was a perfect case to make an issue of things? blow it up, i.e. become the 'drama queen' over it. Since the fine has been paid, isn't this a legally sanctioned issue? The guys who were fined, after paying the fine, counter sue the guys (and maybe the police) for the video-taping them in the toilet? If it is legal to video tape in singaporean toilets, all hell would break loose? If it is illegal to do so, wouldn't the fine pair have their sweet revenge, say maybe collect double or much more in damages? :) Just wishful thinking, unless someone in singapore wish to aid these guys and pursue the case? What's to loose?
58. 2010-12-09 15:41  
come to think of it.. how you classify "public place"? a place where general public has access to whether paid or for free - example public toilets, hotels, motels? or is it a place where the general public can have free view of what is happening - example parks, roads, walkway, lobby of buildings, bus stop etc?

I agree that an obscene act peformed in "public place" where people can view the complete act by walking pass should not be allowed.

But in a privacy of a cubical should not be classified as "public place" otherwise we will be considered shitting in "public place", urinating in "public place" are we not?

We pay for hotel room to use the facility. We pay for certain toilets to use the facility. If you can be charged for private act in the privacy of toilet cubicle under section 294 means one can also be charged under section 294 when same act is done in hotel room?

What if someone masterbates in a toilet cubicle? does it fall under section 294???
59. 2010-12-15 15:33  
I don’t know why some people so critical of it. What’s the matter sex in toilet? What “Disgusting” of it?

O Pls! have we all done some naughty sex in someway in some times? Don’t be prude.

For G’s sack, he is just sex in CUBICLE, it is not really “in public”. If they a man and women? Were they calling police? S’gapore catches up, don’t be too conservative.

Anyway S$3,000 fined. It is ridiculous.
60. 2010-12-16 11:47  
It is a reflection of a donkey old fashioned culture in this country. Nevertheless, even if they dont do it in public toilet, there are so many other places which they can happily do it. Most importantly, they mutually agreed and happy! To those waiters - Don't spoilt the natural acts by real hot man.
61. 2010-12-19 18:09  
It's not a reflection of a donkey old-fashioned culture in Singapore you moron. Public sexual acts of any nature (gay or straight) are a criminal act in most civilized societies (including Europe & North America). This stupid article shows clearly how some Asians are stupid enough not to be able to separate fantasy from reality. Those two immature idiots who got caught having sex in public toilet must have watch too many tacky porno videos and thought it's for real. Sad...

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