Public Prosecutor v Mohamed Ali bin Mohamed Amin and Another

• Jurisdiction: Singapore
• Judge: Wee Chong Jin CJ
• Judgment Date: 10 January 1979
• Neutral Citation: [1979] SGHC 3
• Docket Number: Magistrate's Appeal No 22 of 1978
• Date: 10 January 1979
• Year: 1979
• Published date: 19 September 2003
• Plaintiff Counsel: Loke Koon Yee (Deputy Public Prosecutor)
• Citation: [1979] SGHC 3
• Defendant Counsel: Mohamed Kamil bin Mohamed Fadzullah Suhaimi (Harbans Singh & Kamil),Joe Chellam (Ong & Chellam)
• Court: High Court (Singapore)
• Subject Matter: Whether gratification received corruptly,s 6(a) Prevention of Corruption Act (1970 ed),Criminal Law,Corruption,Offences,Whether act in relation to principal's affairs or business

Cur Adv Vult

The respondents, Mohd Ali bin Mohd Amin and Mohd Ibrahim bin Abdul Kadir were jointly charged on the following charge:

You, Mohd Ali bin Mohd Amin and Mohd Ibrahim bin Abdul Kadir are charged that you on or about 17 May 1977 at about 6.40am at the Paya Lebar International Airport, Singapore, being agents, to wit, Immigration officers of the Immigration Department, Singapore, in furtherance of the common intention of both of you, did corruptly accept from one Noor Mohammed Iqbal bin A Rahman for yourselves, a gratification of a sum of Thirty Dollars ($30) as a reward for doing an act in relation to your principal`s affairs to wit, supplying a list containing the names of the tourist; and the hotels where they would be staying to the said Noor Mohammed Iqbal bin A Rahman and you have thereby committed an offence punishable under s 6(a) of the Prevention of Corruption Act (Cap 104) read with s 34 of the Penal Code (Cap 103).

At the close of the case for the prosecution, the district judge found that no case had been made out which, if unrebutted, would warrant conviction of the respondents and acquitted and discharged them. The Public Prosecutor now appeals. The undisputed facts are these. The respondents were Immigration Officers attached to the Singapore Airport at all material times. Their duties include checking passports and Disembarkation Forms against a book containing names of wanted persons and the collection and sorting out of Disembarkation Forms which incoming passengers had to fill up. The completed Disembarkation Forms contain the names, places of stay and duration of stay of incoming passengers together with their flight numbers. The information contained in these forms was for survey and security purposes. There was a standing instruction to all Immigration Officers that the information contained in these forms could not be divulged to members of the public.

By a prior arrangement between the respondent Mohd Ali bin Mohd Amin (hereinafter called the first respondent) and a tourist tout, Noor Mohammed Iqbal, the first respondent was to hand over to the tourist tout a list containing the names of incoming tourists, their flight numbers showing the countries of origin of the flights and the names of the hotels they would be staying in whilst in Singapore. On the appointed day, instead of the first respondent, the respondent Mohd Ibrahim bin Abdul Kadir (hereinafter called the second respondent) met the...