Extra strokes of cane, Dickson Tan

In 2007 and 2008, the most interesting lawsuit against the government was by Dickson Tan, a teenager who was sentenced to jail and 5 strokes of the cane. By mistake, he was given 8 strokes of the cane. This was due to errors by the Subordinate Courts and the Prisons Department.

The extra strokes constituted battery, which is a wrong (or in legal jargon, a tort) where physical force in inflicted on another person. The government, like any other person, much act within the limits of the law. Unless they can point to a statute or case law that allows them to carry out a otherwise illegal act, they can be sued by anyone who is harmed by their act.

Back to Dickson Tan. He started a lawsuit against the government. He wanted a six figure sum as compensation. However, (in my opinion) it is difficult to justify such a large amount for 3 strokes especially since he was already subject to caning and if no permanent harm was inflicted (Not sure it the last part about harm is accurate since caning of adults leaves permanent scars when the skin is broken). Finally, both parties agreed to mediation by a retired High Court judge. Mediation is a process where an independent party tries to persuade both parties to settle their dispute without having a judge decide who is right and wrong. Part of the mediation settlement might include the payment of some compensation, an apology, etc. In this case, however, the terms of the settlement were kept confidential.