Public Prosecutor v Aljunied-Hougang-Punggol East Town Council
| Jurisdiction | Singapore |
| Judge | Victor Yeo Khee Eng |
| Judgment Date | 27 April 2015 |
| Neutral Citation | [2015] SGDC 95 |
| Court | District Court (Singapore) |
| Docket Number | NEA-000232-2014, Magistrate’s Appeal No. 001/2015/01 |
| Published date | 30 April 2015 |
| Year | 2015 |
| Hearing Date | 25 November 2014,28 November 2014,14 October 2014,24 December 2014,16 October 2014 |
| Plaintiff Counsel | Mr Isaac Tan with Ms Agnes Chan with Mr Joshua Lim |
| Defendant Counsel | Mr Peter Low with Mr Terence Tan wth Ms Christine Low |
| Citation | [2015] SGDC 95 |
The Aljunied-Hougang-Punggol East Town Council (hereinafter “the Town Council”) claimed trial to a charge of organising a temporary fair without first obtaining a permit from the Director-General of Public Health. This is an offence under section 35 of the Environment Public Health Act, Chapter 95 (Revised Edition 2002) (hereinafter “the EPHA”).
The Town Council was found guilty on 28 November 2014 after a three-day trial that took place from 14 to 16 October 2014. On 24 December 2014, the Town Council was sentenced to a fine of $800/-. The fine has since been paid. On 5 January 2015, the Town Council appealed against both the conviction and sentence imposed. I shall now set out the full grounds for my decision, incorporating the brief grounds of decision that I had delivered orally on 28 November 2014 and 24 December 2014 respectively.
The Charge and Statement of Agreed Facts (Exhibit PS1)The charge read as follows:
“You, Aljunied-Hougang-Punggol East Town Council, UEN No. T13TC0001F are charged that you, from 9 January 2014 to 30 January 2014, at the Hougang Central Hub located between Block 811 and Block 814 Hougang Central, Singapore, did organise a temporary fair without first obtaining a permit from the Director-General of Public Health, and you have thereby committed an offence punishable under section 35 read with section 42(1) of the Environment Public Health Act, Chapter 95 (Revised Edition 2002).”
At the commencement of the trial, the parties tendered a Statement of Agreed Facts and an agreed Bundle of Documents. These were admitted and marked as exhibits PS1 and P1 respectively.
The undisputed facts agreed upon between the prosecution and the defence pursuant to section 267 of the Criminal Procedure Code (Chapter 68, 2012 Revised Edition) were mainly as follows.
Facts relating to the Town Council’s application for a PermitOn 20 December 2013, Ms Chelsea Lu (DW2), Assistant Public Relations Manager of the Town Council sent an e-mail to Mr Tai Ji Choong, Director of Environmental Health Department (‘EHD’), National Environment Agency (‘NEA’). The e-mail stated that the Town Council would be organising an event at the Hougang Central Hub in January 2014 ahead of the Chinese New Year (‘CNY’). The items for sale would comprise of CNY cookies/goodies, CNY decorative items and CNY flowers/plants. Ms Lu sought NEA’s advice on whether any permit from NEA was required for the said event and that if a permit was required, for NEA to provide Town Council with the application forms.
On 23 December 2013, Mr Tan Kay Keng, Assistant Director, Hygiene Operation, EHD, NEA, replied to Ms Lu via e-mail, stating that the proposed event would require a permit from the NEA before it could commence. He attached the requisite application forms to his e-mail and requested Ms Lu to advise the appointed fair operator to fill up the same. In his e-mail, Mr Tan further informed Ms Lu that any fair application was to be submitted at least 2 weeks prior to the commencement date.
On 24 December 2013, Ms Lu sent an e-mail to Mr Tan stating that the event was organised by the Town Council itself and that there was no appointed operator. Ms Lu further stated that the form which was provided by NEA was for an application for Trade Fair Permit which was not suitable or relevant in this instance. Ms Lu requested NEA to provide the Town Council with the relevant forms / advice for the event.
On 27 December 2013, Mr Kwek Keng Chuan, Assistant Director, Hygiene Operations, EHD, NEA, replied via e-mail to Ms Lu. In that e-mail, Mr Kwek brought Ms Lu’s attention to section 35 of the EPHA. Mr Kwek informed that the Town Council, as the organiser and operator of the fair, was required to obtain a permit from NEA before commencing the fair. In his e-mail, Mr Kwek further requested Ms Lu to submit the application with the necessary details to NEA quickly to avoid any delay in issuing the permit.
On 31 December 2013, the Town Council submitted two application forms to the NEA North-East Regional Office, located at 174 Sin Ming Drive, Singapore. In the cover letter signed by Mr Yeo Soon Fei (DW3), Deputy General Manager of the Town Council, it was stated that the application was made in relation to the Lunar New Year Flora and Community Fair 2014 which would be held from 10 January 2014 to 30 January 2014. Mr Yeo also stated that the attached form was used at NEA’s request and did not represent the Town Council’s agreement as to the nature of the event.
Suffice to note, in respect of the first application form titled: “Application for Trade Fair Permit”, the words “Trade Fair Permit” were struck off and substituted with the word “Event”. It was stated that the fair would be held at the Hougang Central Hub from 10 January 2014 to 30 January 2014 between 9.00am and 9.00pm. It was also stated that the Town Council was the Applicant (Operator), and the Organiser of the fair.
The second application form was titled: “Application for Trade Fair Foodstall Licence”. The words “Trade Fair” were likewise struck off and substituted with the word “Event”. It was stated that the fair would be held next to Block 814 Hougang Central from 10 January 2014 to 30 January 2014 between 9.00am and 9.00pm. It was stated that the Town Council was the Applicant (Stall Operator) and the Organiser (Appointed Operator).
The rest of the documents submitted included a “Map of Hougang Central Hub”, a document titled: “Hougang Central Hub, the Sheltered Event/Multipurpose Hall” and a “List of stalls and items to be sold”.
On 4 January 2014, Mr Tan sent an e-mail to Ms Lu. He referred to the Town Council’s application dated 31 December 2013 for NEA’s permission to hold a fair at the Hougang Central Hub from 10 January 2014 to 30 January 2014. Mr Tan requested that Ms Lu furnished various approvals and documents from various authorities. These authorities included Fire Safety and Shelter Department, SCDF, Energy Market Authority (for use of generator, if any), Land Transport Authority, National Parks Board, Consensus from neighbourhood shopkeepers and a letter of support from the relevant CCC (Citizens’ Constituency [
On 8 January 2014, the Town Council submitted a cover note enclosing additional documents in support of their application to hold a fair to the NEA North-East Regional Office. In their submission, the Town Council included Mr Tan’s e-mail of 4 January 2014 with handwritten notes stating,
On 9 January 2014, the Town Council submitted a letter signed by Mr Yeo to the NEA North-East Regional Office attaching a letter from Mr Low Thia Khiang, the Honourable Member of Parliament for the Aljunied GRC, in support of the Lunar New Year Flora and Community Fair 2014.
On 9 January 2014 at 6.19pm, Mr Tan sent an e-mail to Ms Lu informing that NEA was not able to approve the Town Council’s application to hold the fair as its application form was still incomplete. Mr Tan requested Ms Lu to submit the completed application form as soon as possible. Mr Tan further requested Ms Lu to identify the Town Council’s staff who would be operating the stalls at the fair as the Town Council has been listed as the operator of the fair. There was no reply by the Town Council to this e-mail.
Facts relating to the Fair organised by the Town CouncilOn 9 January 2014, the Town Council commenced the fair at the Hougang Central Hub. The fair organised by the Town Council continued until 30 January 2014 at the Hougang Central Hub. The fair comprised a total of five stalls which sold festive decorations, festive cookies and sweets, festive fruits (including pomelo), festive flowers, and festive potted plants.
On 10 January 2014 at 12.04pm, Mr Tan sent an e-mail to Ms Lu warning the Town Council to cease operation of the fair until a permit from the NEA was issued, and that if the Town Council failed to heed this advice, NEA would proceed with enforcement action against it. Mr Tan also brought Ms Lu’s attention to section 35 of the EPHA. There was no reply by the Town Council to this e-mail.
On 13 January 2014, Mr Tai sent a letter of intended enforcement to the Town Council. Mr Tai noted that the fair organised by the Town Council had commenced without a permit. Mr Tai further noted that the NEA had issued a reminder to the Town Council on 10 January 2014 that operating a fair without a permit was an offence under section 35 of the EPHA. Mr Tai informed that as the Town Council had failed to cease operating the fair as at 12 January 2014, NEA would be proceeding with enforcement action against the Town Council for the offence of operating a fair without a permit from the Director-General of Public Health.
Subsequently, a summons was served on the Town Council for contravention of section 35 of the EPHA.
It was not disputed that at all material times, the Town Council had not obtained a permit from the Director-General of Public Health to organise the fair as required under section 35 of the EPHA.
Evidence of Mr Tai Ji Choong (PW1)Mr Tai Ji Choong, Director of the EHD, NEA confirmed that his department handled several areas of work within the NEA which included the licensing of fairs. In respect of the Lunar New Year Flora and Community Fair 2014 organised and operated by the Town Council, Mr Tai confirmed that NEA had received the Town Council’s application on 31 December 2013.
However, Mr Tai explained that NEA could not process the application submitted by the Town Council as they have not included the approvals and documents required. Thereafter, Mr Tan Kay Keng wrote to the Town Council to request the Town Council to submit a list of approvals from the relevant authorities and...
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