Press Statement by Karpal Singh in Kuala Lumpur on Sunday, 22^nd February 2009:

Deterrent sentences on those found guilty of invading the privacy of women

In this modern age of sophisticated technology, there is more than an urgent need for deterrent laws against invasion of privacy, particularly, in view of what has been revealed over the emergence of intimate photos of Bukit Lanjan assemblywoman Elizabeth Wong.

The punishment imposed for infringement of privacy under section 14 of the Minor Offences Act, 1955 is an insult of anyone’s intelligence. It provides for a fine not exceeding RM100. RM100 is the maximum penalty in the form of a fine without provision of any custodial sentence. The penalty in the predecessor of this Act in the form of the Minor Offences Ordinance, 1955 was a fine not exceeding 100 dollars but 100 dollars in 1955 was a princely sum. 100 dollars was converted to RM100 in the Act which is far less in value than 100 dollars. That punishment has seen no increase even after nearly 54 years after the Ordinance was enacted. This boggles the mind!

The Attorney-General’s Chambers should immediately spring into action to provide for not only a heavy fine but also a deterrent custodial sentence under section 14 of the Act.

Likewise, the Attorney-General’s Chambers should look into the completely inadequate and outdated reward not exceeding RM100 provided for in section 430 of the Criminal Procedure Code to a person who shows unusual courage, diligence or exertion in the apprehension of a person accused of having committed, attempted to commit or abetted an offence punishable with death or imprisonment [Section 430 reads, ‘Whenever it appears to any court that a private person has shown unusual courage, diligence or exertion in the apprehension of a person accused of having committed, attempted to commit or abetted an offence punishable with death or imprisonment, such Court may order payment to him out of the Consolidated Fund of any sum not exceeding one hundred ringgit’].

Intruding upon the privacy of a woman by use of a video—camcorder caused one Albert Tay Beng Guan a custodial sentence of two months pronounced by Singapore Chief Justice Yong Pung How on 1^st August, 2000 under section 509 of the Penal Code in relation to two charges of invading the privacy of two women. In Tay’s case, he had returned to his house with a female colleague after a game of squash and she took a shower in his bathroom. She discovered a video-camcorder switched to recording mode in a basket of soft toys in the bathroom. She removed the tape and brought it home to view its contents. The recording showed her undressing before her bath and also showed her stepping out of the bathtub and drying herself after showering. The tape contained footage of another ex-colleague of Albert relieving herself in his toilet.

Our courts should also invoke section 509 of our Penal Code which provides for imprisonment for a term which may extend to five years or with fine, or with both for invading the privacy of a woman. Chief Justice Yong was somewhat lenient in letting off Tay with imprisonment of only two months in respect of two charges.

The humiliation and trauma suffered by Elizabeth Wong is cruelty of the highest order and no effort should be spared by the police to ensure that whoever perpetrated this pain and suffering on her does not escape the long arms of the law.

In the public interest, the courts should impose deterrent sentences on those found guilty of invading the privacy of women given the extent to which modern technology paves the way for sick minds into such privacy which was unheard of in the days of old.

* Karpal Singh, DAP National Chairman & MP for Bukit Gelugor