Oral Reply to Parliamentary Question on Factors Determining Whether Conviction Records Under the Repealed Section 377A of the Penal Code Should be Rendered Spent

Question:

Mr Louis Ng Kok Kwang: To ask the Minister for Home Affairs whether there are other factors that the Commissioner of Police will take into consideration when determining whether conviction records under the repealed section 377A of the Penal Code should be rendered spent, in addition to whether it was a private activity and whether it was between consenting adults.

Answer:

Ms Sun Xueling, Minister of State, Ministry of Home Affairs and Ministry of Social and Family Development:

1. MHA previously informed the House that those whose records under section 377A have not been automatically rendered spent may apply to the Commissioner of Police to have their records treated as spent.

2. Apart from whether the case was a private activity and whether it was between consenting adults, the other factors that the Commissioner of Police will consider will not be different from how he would have to assess other applications to render criminal records spent. These factors include the severity of the offence, and the applicant’s conduct subsequent to the conviction.