Between 2007 to 2010, Judy had corruptly received a total of around CNY 11.3 million in gratifications from Feili and SLT. Taking Center Stage: The Rise and Rise of M&A Compliance Due Diligence, U.S. Commerce Department Issues Guidance on Due Diligence to Prevent Unauthorized Exports to Russia, Australia: Consultation closing soon on Draft Online Safety Bill, Asia Pacific: COVID-19 – Vaccine Distribution Primer, Malaysia: The UK Business Interruption Insurance Test Case. If a defendant doesn’t get bail, they can become a ‘remand prisoner’ and be held in a police or court cell, hospital or care facility, or in a prison until their trial or sentencing. There are no sentencing presumptions in respect of private sector and public sector corruption, both of which can attract a custodial sentence. Learn about our history, read the stories and uncover interesting facts by walking through the timeline. As such, the two-month sentence imposed by the court below was manifestly inadequate. Consider the sentence for each individual offence, referring to the relevant sentencing guidelines. Concurrent sentences will ordinarily be appropriate where: a) offences arise out of the same incident or facts. A vessel was prepared with high-risk defects which ought to be highlighted. Community-based sentencing (CBS) in Singapore came into force on 2 January 2011 and was meant to provide flexibility in sentencing. We have to recognise that corruption offences are serious breaches. In the wake of public outrage over the seemingly lenient 12 day sentence meted out to a 23-year-old dental student from the National University of Singapore (NUS) for attempting to strangle his ex-girlfriend after she rejected his request to get back together, the Ministry of Home Affairs (MHA) has announced that it will be reviewing the sentencing criteria for certain criminal cases. This is typically done at the receiving party’s behest. In a recent decision, the Singapore High Court clarified that in determining an appropriate sentence for corruption, the Court will take into account the specific nature of the corruption.There are no sentencing presumptions in respect of private sector and public sector corruption, both of which can attract a custodial sentence. Individuals found guilty of contravening the act can face fines of up to Singapore 50,000 SGD ($36,000) and custodial sentences of up to five years. These are cases where the amount of gratification is below $30,000 and where there is no real detriment to the interests of the principal. This is also typically done at the payer’s behest. The number of drink-driving cases and imprisonment sentences meted out in Singapore have risen tremendously. A custodial sentence may generally be expected. The number of drink-driving cases and imprisonment sentences meted out in Singapore have risen tremendously. What Sentence May Drivers Convicted of Sec 64 RTA Dangerous Driving Get? Sentencing in Singapore Introduction Sentencing is an important element in the court process. In return, both Feili and SLT would pay Judy a sum amounting to 10% on all invoices billed to Seagate under the contracts. Determine whether the case calls for concurrent or consecutive sentences. Such benefit typically takes the form of avoiding prejudice which would be occasioned to the paying party if the receiving party discharged his duty as he ought to have. Consequently, the same arrangement was entered into. For s409 cases, custodial sentence depends on the value appropriated, and the capacity of the Accused when the offence happened. She advises on domestic and international commercial litigation and assists clients with complex cross border investigations and regulatory actions. A suspended sentence means the judge imposes a prison sentence but suspends it on certain conditions. If defects were classified as high-risk, the vessel would not be allowed to dock until rectifications works were completed. By ethnicity and sex of offender . Celeste Ang is a principal in Baker McKenzie's Singapore office. Between 2009 to 2010, Henry used Judy’s ATM card to make numerous cash withdrawals of these corrupt gratifications in Singapore. 3         The subsequent court proceedings for this case concluded with Henry and Judy being found guilty, after a trial, of offences under the Prevention of Corruption Act and Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. Custodial Sentence and Penalties for Committing Corruption Overseas, Singaporeans overseas are expected to comply with both the, The Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A), Political & Economic Risk Consultancy Limited, News Articles Related to Corruption and the CPIB, Corrupt Practices Investigation Officer (CPIO), Corrupt Practices Investigation Assistant (CPIA). The Prosecution’s appeal was allowed. Singapore is taking private sector corruption increasingly seriously. The judge rejected the prosecution's call for a custodial sentence saying he had a high chance of being rehabilitated given his academic record and "relatively minor" nature of … Under the parity principle, offenders participating in the same offence should generally incur similar criminal sentences. The CJ cautioned that these categories are meant only as analytical tools. She also has significant experience advising clients on compliance and regulatory issues in the context of investigations, and on a wide range of employment and employment-related issues. Celeste is ranked by Chambers Asia Pacific in the areas of litigation and employment and by Chambers Global in the area of litigation. Henry, a former Senior Director of Logistics at Seagate Technology International (“Seagate”), had been previously convicted in another case for receiving kickbacks from a vendor in Singapore. On a separate occasion, Syed had obtained from another ship master US$1,200 in return for a favourable inspection report. Interestingly, the District Judge ordered that … Custodial Sentence and Penalties for Committing Corruption Overseas Singaporeans overseas are expected to comply with both the Prevention of Corruption Act, which has an extra-territorial effect, as well as the laws of the countries where they are operating. 7         As part of a protracted investigation into the offences committed overseas, the CPIB had worked closely with the Chinese authorities such as the Shanghai City Zhabei District People’s Procuratorate (上海市闸北区人民检察院) and received invaluable assistance from them in the form of critical evidentiary records such as bank statements, and assistance in interviews and statement-taking under the mutual legal assistance framework spanning over a few years. 2         The Corrupt Practices Investigation Bureau (CPIB) investigated two siblings Teo Chu Ha Henry (“Henry”) and Teo Suya Bik Judy (“Judy”) for suspected corruption offences that had taken place in the People’s Republic of China (PRC). Singaporeans overseas are expected to … Training centre sentences can range from a period of six months to three years, depending on the teenage offender’s performance in custody, during which he or she is to be trained in a trade. General approach (as applied to Determinate Custodial Sentences) 1. The CJ emphasised that this type of corruption is antithetical to everything Singapore stands for as it undermines the confidence that a person needs in order to do business in Singapore. 2 Lengkok Bahru Singapore 159047 www.cpib.gov.sg To combat corruption through swift and sure, firm but fair action . Soh was sentenced to eight years and nine months in jail and fined SGD 50,000 – the highest custodial sentence imposed in Singapore for insider trading offences to date. In considering whether a custodial sentence should be imposed in this case, See JC reviewed the list of non-exhaustive factors set out in Ng Sae Kiat 5: … Young, pregnant Australian publisher who had issued an apology should not have been given a custodial sentence, DFAT says. A Singapore judge, who last month ordered an American teenager flogged with six cane strokes for car vandalism, sentenced an Asian youth Thursday to 12 strokes and eight months in jail over the same incidents. A suspended sentence contains 3 elements: The term of imprisonment (for example, 4 years) The conditions on which it is suspended (for example, to keep the peace and be of … A Detention and Training Order can be given to someone aged between 12 and 17. 5         Evidence presented at the trial revealed that Seagate had called for open tenders to source for companies to provide long haul trucking services in the PRC in 2006 and 2009. A licenced prisoner can be recalled to prison for breaking licence conditions. Singaporeans overseas are expected to comply with both the Prevention of Corruption Act, which has an extra-territorial effect, as well as the laws of the countries … Custodial sentences were meted out to the majority of private sector employees. These withdrawals, which amounted to S$703,480 were then deposited into Henry’s personal bank accounts. Times, Sunday Times (2013) Although he was at first admonished or received relatively short custodial sentences, the sentences increased with his repeat offending. The Singapore Police Force published a case of two persons charged for dangerous driving. Examples include: a single … The present case demonstrates the court’s abhorrence for corrupt behaviour. There are no sentencing presumptions in respect of private sector and public sector corruption, both of which can attract a custodial sentence. A magistrate has turned down prosecutors’ request to increase the penalty for a young protester who was spared a custodial sentence after being convicted of vandalising a police water cannon and carrying flammable liquids to an anti-government protest in Hong Kong last year. Depending on the length of the sentence, the first half is served in custody and the second half on licence. Shadrake faces a custodial sentence or a fine – or both – for contempt of court when Singapore's high court sentences him next week. In 2016, this increased to 1,340 cases in … The additional penalties for corruption offences are pursuant to section 13 of the Prevention of Corruption Act, whereby the Court shall order those convicted of accepting gratification in contravention of any provision under the Prevention of Corruption Act to pay a penalty. The arrangement put in place by the oil terminal was a purely commercial one which the terminal operator had chosen to establish. They were sentenced on 11 January 2021 as follows: a) Teo Suya Bik Judy, 68-year-old Singaporean female, was sentenced to 41 months' imprisonment and a penalty of S$2,320,864.10. 'You are only 15 and you are of previous good character. A determinate custodial sentence is a sentence of imprisonment for a period of time set by the court. Celeste Ang’s practice encompasses corporate litigation and arbitration, both domestic and cross-border. She is described as "very smart, very innovative - a good example of someone who thinks outside the box" and "very technically competent, very thorough and very responsive" by clients. The Courts must and will take cognisance of the facts and ensure that an appropriate sentence is ordered. PRESS RELEASE BY CPIBCustodial Sentence and Penalties for Committing Corruption Overseas. Where the receiving party is paid to forbear from performing what he is duty bound to do, thereby conferring a benefit on the paying party. © 2016 Copyright Global Compliance News UG (haftungsbeschränkt). Mr. Leck is recognised by the world’s leading industry and legal publications as a leader in his field. Andy Leck is the managing principal of Baker McKenzie.Wong & Leow. Corruption is under control and the international measures attest to Singapore remaining as one of the world’s least corrupt countries. Singapore is in a good state. Rather, it is critical to be sensitive to the specific nature of the corruption that one is concerned with. Given Singapore’s zero-tolerance approach to corruption, custodial sentences are presumptively the norm in cases involving public sector corruption. The usual sentence is however a short custodial sentence. He currently serves on the International Trademark Association's Board of Directors and is a member of the Singapore Copyright Tribunal. ... and custodial sentences of … SFA, which was that a custodial sentence was only warranted when identifiable members of the investing public were defrauded and had suffered losses. The options include the Mandatory Treatment Order (MTO), which enables judges to mandate compulsory psychiatric treatment in lieu of a custodial sentence after verification of the offender’s mental illness by a court-appointed psychiatrist. In a recent decision, the Singapore High Court clarified that in determining an appropriate sentence for corruption, the Court will take into account the specific nature of the corruption. 8. 6         Furthermore, Judy then conspired with Henry to withdraw part of the corrupt gratifications she received to purchase a condominium unit in Singapore. Asian Legal Business notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice”. No sentencing presumption based on private versus public sector corruption Public sector corruption typically attracts a custodial sentence. He asked Syed how he could resolve the situation and after some negotiation, the ship master agreed to pay Syed $3,000. Any large reductions in the prison population would therefore mean far fewer prolific criminals going to prison. In 2011, there were 520 drink-driving cases in which 14 were given imprisonment sentences. The new sentencing … There is no prima facie sentencing presumption. In the case of PP v Ng Sae Kiat [2015] SGHC 191, the High Court had the opportunity to consider the scope and operation of the parity principle. Custodial Sentence and Penalties for Committing Corruption Overseas . The second charge may be associated with both the second and third categories. They are as follows: In the first category, whether the custodial threshold is crossed will depend on the facts. Any persons involved in such offences will be firmly dealt with under the law. He was given a further 2-year custodial sentence and 3 strokes of the cane for the April 2017 charge. The appellant contended that the pre-existing sentencing norm should apply to his case (as his offences were committed before 2015). They last between 4 months and 2 years. This significantly enhances the total financial penalties for corrupt offenders as the Courts would be able to recover the value of the gratification received. Regardless of classification of defects, Syed would prepare a report and submit it to his supervisor. Where private sector agents are concerned, the offences which register a lower level of culpability can be dealt with by the imposition of fines. 2. This means that you do not go to prison if you keep the conditions. The maximum penalty are fines up to $5,000 and/or up to 12 months’ jail. This is because it did not involve any regulatory or oversight considerations that warranted the extension of the public service rationale. SINGAPORE, Oct 7 — A woman was sentenced to seven months in jail by a district court today for physically and emotionally abusing her stepson, including hitting him on the back of his head with a ceramic mug and calling him a “prostitute’s child”. Given Singapore’s zero-tolerance approach to corruption, custodial sentences are presumptively the norm in cases involving public sector corruption. Where the receiving party is paid for conferring on the paying party a benefit that is within the receiving party’s power to confer, without regard to whether the paying party ought properly to have received that benefit. b) Teo Chu Ha Henry, 72-year-old Singaporean male, was sentenced to 50 months' imprisonment. Times, Sunday Times (2014) These actions constituted offences under the Prevention of Corruption Act. The Singapore constitution does not specify a … The news that London -born Ye Ming Yuen will be flogged for drug offences, committed in Singapore, will rightly strike most people as archaic and barbaric. In the High Court: The Prosecution argued that the sentence was manifestly inadequate and should be increased to 6-8 months. However, this in no way gives rise to the support or presumption in favour of non-custodial sentences for private sector corruption. The second category of cases will frequently attract custodial sentences. His duties included conducting inspections of vessels seeking to enter an oil terminal, to ensure that the vessels were seaworthy and free from any high-risk defects. In deciding the appropriate punishment for an offence, the Court takes into consideration various factors pertaining to the offence as well as the offender. In 2011, there were 520 drink-driving cases in which 14 were given imprisonment sentences. In a recent decision, the Singapore High Court clarified that in determining an appropriate sentence for corruption, the Court will take into account the specific nature of the corruption. The CJ went to great lengths to emphasise how such corrupt acts undermine the collective effort of our society to institutionalise a zero-tolerance culture towards corruption. with the law, for publication in LawNet and/or the Singapore Law Reports. The ship master did not agree with the observations and thought the defects were minor ones which could be readily rectified. A Singapore judge, who last month ordered an American teenager flogged with six cane strokes for car vandalism, sentenced an Asian youth Thursday to 12 strokes and eight months in jail over the same incidents. Second charge Unbeknownst to Syed, the ship master reported the incident to the Corrupt Practices Investigation Bureau (“CPIB“), which then set up and launched a sting operation. Ai Takagi: DFAT breaks silence on Singapore… As with the previous occasion, the ship master asked how he could resolve this situation. Senior District Court Judge F.G. Remedios found 17-year-old Shiu Chi Ho of Hong Kong guilty of four charges of spray-painting cars in the company of American Michael Fay and others … Weiyi Tan is a principal in the Firm’s Dispute Resolution and Intellectual Property practice groups in Singapore. PRESS RELEASE BY CPIB. 70% of custodial sentences are imposed on those with at least seven previous convictions or cautions, and 50% are imposed on those with at least 15 previous convictions or cautions. SINGAPORE, Oct 7 — A woman was sentenced to seven months in jail by a district court today for physically and emotionally abusing her stepson, including hitting him on the back of his head with a ceramic mug and calling him a “prostitute’s child”. These offences were investigated under Section 37 of the Prevention of Corruption Act (which states that Singapore Citizens who committed corrupt acts overseas will be prosecuted as if they have committed the acts in Singapore). If Syed identified defects as low- to medium-risk, a vessel would generally be allowed to dock at the oil terminal, where rectification works would be carried out. Being a Senior Director of Logistics in Seagate and a member of the tender committee, Henry had access to Seagate’s confidential information and conspired to share the confidential information with Judy who was not a Seagate employee. 2 Lengkok Bahru Singapore 159047 www.cpib.gov.sg To combat corruption through swift and sure, firm but fair action . If found guilty, he faces a maximum custodial sentence of five years. A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxification (especially cold turkey). After the inspection, he spoke to the ship master and the chief engineer to highlight several high-risk observations which were likely to result in the vessel not being allowed to enter the terminal until rectification. Decision below: Syed pleaded guilty and was sentenced to two months’ imprisonment for each charge with both sentences to run concurrently. Syed Mostofa Romel (“Syed“) was an Associate Consultant with PacMarine Services Pte Ltd (“PacMarine“). Previously, the penalty meted out to private sector employees was a fine compared to public sector employees who were given jail terms for similar corruption offences. Custodial sentences were meted out to the majority of these individuals for their corruption offences. Judy then passed the information directly to two Chinese trucking companies, an entity said to be called Feili International Transport Co. Ltd (“Feili”) and Shanghai Long-Distance Transportation Co. (“SLT”) in order to help them secure contracts with Seagate. Where a receiving party is paid so that he will forbear from inflicting harm on the paying party, even though there may be no lawful basis for the infliction of such harm. In the State Courts, the accused was sentenced to a 3 ½-year custodial sentence and 6 strokes of the cane for the October 2016 charge. Singapore PR holders are also eligible to buy second-hand units of government HDB flats (only citizens can purchase new ones) Be eligible to apply for full Singapore citizenship after a number of years of having permanent residence status, in which you will be able to obtain a Singapore passport and enjoy the same rights as locally-born citizens. Offenders can also be disqualified from driving for a certain period of time, or for life. Henry’s act of depositing the monies he withdrew from Judy’s Bank of China account, into his personal accounts, facilitated the control of Judy’s benefits of criminal conduct. Non-custodial sentences Suspended sentences. Any time spent as a remand prisoner is counted as part of the offender serving their sentence. Singaporeans overseas are expected to comply with both the Prevention of Corruption Act, which has an extra-territorial effect, as well as the laws of the countries where they are operating. 4         Any person who is convicted of a corruption offence can be fined up to $100,000 or sentenced to imprisonment of up to 5 years or to both. Summary of facts of the case Soh was a director and majority shareholder of Jade, whose shares were traded on the Singapore Exchange Securities Trading Limited (the SGX). There are three broad and non-exhaustive categories in which private sector corruption can manifest. He also felt that it ought not to be reflected in the inspection report. Feili and SLT eventually secured contracts with Seagate in two open tenders in 2006 and 2009, and they paid these gratifications, termed as “commissions”, to Judy accordingly. PRESS RELEASE BY CPIB. Custodial Sentence and Penalties for Committing Corruption Overseas . 8         The CPIB takes a serious view against corruption including those committed overseas. In considering the sentence determined by the court below, the CJ held that: Accordingly, a sentence of six months’ imprisonment per charge was appropriate. First charge On 10 March 2014, Syed conducted a vessel safety inspection. All Rights reserved. The CPIB will also work with the authorities to disgorge any corrupt proceeds from the corrupt acts under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. The facts of the first charge fall squarely within the third category. The new sentencing framework pertains only to public sector corruption involving agents. Syed was paid $3,000 and in return he did not point out any of the defects in his report. Senior District Court Judge F.G. 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