Public Prosecutor v Ng Teck Lee (Centillion Environment & Recycling Ltd (formerly known as Citiraya Industries Ltd) and another, other parties) (Ung Yoke Hooi, intervener) and another matter

Public Prosecutor v Ng Teck Lee (Centillion Environment & Recycling Ltd (formerly known as Citiraya Industries Ltd) and another, other parties) (Ung Yoke Hooi, intervener) and another matter

The court held that s8(1)(a) CDSA is a presumptive, non-exhaustive route to identify benefits from criminal conduct and that where benefits are directly established the court need not rely on the s8(1)(a) disproportionate-assets presumption; the PP proved abscondment and grounds for conviction under s27 and a confiscation order was appropriate, but only specified properties that met the statutory definition of realisable property were certified; hearsay unsupported by primary witnesses was inadmissible and those items were excluded; Centillion established a constructive trust and proprietary interests in specified traceable properties; UYH's bank monies were not realisable as they...

Citation
[2011] SGHC 205
Parties
Prosecutor / Applicant: Public Prosecutor; Respondent / Defendant (absconded): Ng Teck Lee; Third Party / Claimant (judgment Creditor and Claimant of Constructive Trust): Centillion Environment & Recycling Ltd (formerly Citiraya Industries Ltd); Third Party / Claimant: Thor Beng Huat; Intervener / Third Party Claimant: Ung Yoke Hooi; Third Party / Alleged Co Owner (absent): Thor Chwee Hwa
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
15 September 2011
Case Number
Originating Summons No 785 of 2008 (Summons Nos 3041 of 2008, 4629 of 2008, 5071 of 2008, 24 of 2009, 2741 of 2009 and 2 of 2010) and Originating Summons No 4 of 2009
Procedural Posture
Confiscation / Realisation Proceedings Under the CDSA (originating Summons) / Hearing and Judgment on Originating Summonses (confiscation and Realisation)
Outcome
Confiscation order made against Ng Teck Lee (as absconded person deemed convicted); specific list of realisable properties certified; Centillion declared beneficiary of constructive trust over specified properties; UYH's claimed bank monies declared not realisable; TBH's claim dismissed; costs awarded as stated; PP...
Legal Topics
Confiscation Order (cdsa), Definition of Benefits From Criminal Conduct, Realisable Property and Gifts Caught by the Act, Third Party Rights (s13 Cdsa), Constructive Trust and Tracing, Admissibility of Hearsay/evidence, Costs in Public Interest Proceedings
Source Language
English
Criminal Law Trusts and Restitution Property Law Civil Procedure Evidence Law Confiscation Order (cdsa) Definition of Benefits From Criminal Conduct Realisable Property and Gifts Caught by the Act +4 more

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Parties

Public Prosecutor

Prosecutor / Applicant

Ng Teck Lee

Respondent / Defendant (absconded)

Centillion Environment & Recycling Ltd (formerly Citiraya Industries Ltd)

Third Party / Claimant (judgment Creditor and Claimant of Constructive Trust)

Thor Beng Huat

Third Party / Claimant

Ung Yoke Hooi

Intervener / Third Party Claimant

Thor Chwee Hwa

Third Party / Alleged Co Owner (absent)

Procedural Posture

Confiscation / Realisation Proceedings Under the CDSA (originating Summons) / Hearing and Judgment on Originating Summonses (confiscation and Realisation)

Legal Issues

  1. 1 Whether s8(1)(a) CDSA is an exhaustive definition of 'benefits derived from criminal conduct' or a presumptive route
  2. 2 Whether conditions in s27 CDSA for treating an absconded person as convicted were satisfied
  3. 3 Which properties qualify as 'realisable property' under s2 and gifts 'caught by the Act' under s12(8)

Ratio Decidendi

The court held that s8(1)(a) CDSA is a presumptive, non-exhaustive route to identify benefits from criminal conduct and that where benefits are directly established the court need not rely on the s8(1)(a) disproportionate-assets presumption; the PP proved abscondment and grounds for conviction under s27 and a confiscation order was appropriate, but only specified properties that met the statutory definition of realisable property were certified; hearsay unsupported by primary witnesses was inadmissible and those items were excluded; Centillion established a constructive trust and proprietary interests in specified traceable properties; UYH's bank monies were not realisable as they...

Court Disposition

Confiscation order made against Ng Teck Lee (as absconded person deemed convicted); specific list of realisable properties certified; Centillion declared beneficiary of constructive trust over specified properties; UYH's claimed bank monies declared not realisable; TBH's claim dismissed; costs awarded as stated; PP...

Orders

  • Certified list of realisable properties as set out in Appendix B to judgment
  • PP granted liberty to apply for further confiscation or realisation orders if fresh admissible evidence or production of Wee is made