Public Prosecutor v Ng Chye Huay and Another

• Jurisdiction: Singapore
• Judge: Wong Li Tien
• Judgment Date: 27 April 2005
• Neutral Citation: [2005] SGMC 13
• Court: Magistrates' Court (Singapore)
• Year: 2005
• Published date: 22 July 2005
• Plaintiff Counsel: Hay Hung Chun and S Pushpa
• Defendant Counsel: Alfred Dodwell (Koh Ong and Partners)
• Citation: [2005] SGMC 13

27 April 2005

Magistrate Wong Li Tein:

The first accused, Mdm Ng Chye Huay (“Mdm Ng”), was tried before me for a total of eight charges. The first charge was under rule 5 of the Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules read with s. 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184) for participating in an assembly which was held without a permit. Two charges are for the possession of uncertified video compact discs (“VCDs”) under s. 21(1)(a) of the Films Acts (Cap 107), and five charges are for distributing uncertified VCDs under s. 21(1)(b) of the same Act. The charges read as follows:

Amended First Charge (P1B)

You, Ng Chye Huay, female 39 years old, are charged that you, on 23 February 2003, at about 4.40pm, in the vicinity of the Bridge at Esplanade Park, Connaught Drive, Singapore, which is a public place, did participate in an assembly, together with the following 6 persons:

(a) Cheng Lu Jin. NRIC No. S2684088J

(b) Tay Sok Lian, NRIC No. S2124911D

(c) Ng Cheong Guan, NRIC No. S1294368G

(d) Toh Cha Boo, NRIC No. S0956282F

(e) Zhang Bo, NRIC No. S6882769H

(f) Dong Shuhui, NRIC No. S2662953E

which assembly you ought reasonably to have known was held without a permit and you have thereby committed an offence punishable under Rule 5 of the Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules read with Section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act, Chapter 184.

Second Charge (P2)

You, Ng Chye Huay, female 39 years old, are charged that you, on 23 February 2003, at about 4.40pm, in the vicinity of the Bridge at Esplanade Park, Connaught Drive, Singapore, did have in your possession, 6 video compact discs containing 6 films without a valid certificate approving the exhibition of the said films, and you have thereby committed an offence under Section 21(1)(a) punishable under Section 21(1)(i) of the Films Act, Chapter 107.

Third Charge (P3)

You, Ng Chye Huay, female 39 years old, are charged that you, on 27 December 2002 in Singapore, together with one Cheng Lu Jin of NRIC No. 2684088J, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to the Head Investigation of Central Police Division Headquarters, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Fourth Charge (P4)

You, Ng Chye Huay, female 39 years old, are charged that you, on 27 December 2002 in Singapore, together with one Cheng Lu Jin of NRIC No. 2684088J, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to the Deputy Commander of Central Police Division Headquarters, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Fifth Charge (P5)

You, Ng Chye Huay, female 39 years old, are charged that you on 27 December 2002 in Singapore, together with one Cheng Lu Jin of NRIC No. 2684088J, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to the Commander of Central Police Division Headquarters, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Sixth Charge (P6)

You, Ng Chye Huay, female 39 years old, are charged that you, on 27 December 2002 in Singapore, together with one Cheng Lu Jin of NRIC No. 2684088J, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to Tanjong Pagar Neighbourhood Police Post, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Seventh Charge (P7)

You, Ng Chye Huay, female 39 years old, are charged that you, on 27 December 2002 in Singapore, together with one Cheng Lu Jin of NRIC No. 2684088J, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to Tiong Bahru Neighbourhood Police Post, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Eight Charge (P8)

You, Ng Chye Huay, female 39 years old, are charged that you, on 23 November 2002, at about 5.25pm, in the vicinity of the Bridge at Esplanade Park, Connaught Drive, Singapore, did have in your possession, 12 video compact discs containing 12 films without a valid certificate approving the exhibition of the said films, and you have thereby committed an offence under Section 21(1)(a) punishable under Section 21(1)(i) of the Films Act, Chapter 107.

2 The second accused, Mdm Cheng Lu Jin (“Mdm Cheng”), was tried before me for a total of seven charges. The first charge is under rule 5 of the Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules read with s. 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184) for participating in an assembly which was held without a permit. The second charge is for the possession of uncertified VCDs under s.21(1)(a) of the Films Acts (Cap 107), and the remaining five charges are for distributing uncertified VCDs under s. 21(1)(b) of the same Act. The charges read as follows:

Amended First Charge (P9B)

You, Cheng Lu Jin, female 37 years old, are charged that you, on 23 February 2003, at about 4.40pm, in the vicinity of the Bridge at Esplanade Park, Connaught Drive, Singapore, which is a public place, did participate in an assembly, together with the following 6 persons:

(a) Ng Chye Huay, NRIC No. S1632759Z

(b) Tay Sok Lian, NRIC No. S2124911D

(c) Ng Cheong Guan, NRIC No. S1294368G

(d) Toh Cha Boo, NRIC No. S0956282F

(e) Zhang Bo, NRIC No. S6882769H

(f) Dong Shuhui, NRIC No. S2662953E

which assembly you ought reasonably to have known was held without a permit and you have thereby committed an offence punishable under Rule 5 of the Miscellaneous Offences (Public Order and Nuisance) (Assemblies and Processions) Rules read with Section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act, Chapter 184.

Second Charge (P10)

You, Cheng Lu Jin, female 37 years old, are charged that you, on the 10^th day of February 2003, at about 4.56pm, in the vicinity of the Bridge at Esplanade Park, Connaught Drive, Singapore, did have in your possession, 26 video compact discs containing 26 films without a valid certificate approving the exhibition of the said films, and you have thereby committed an offence under Section 21(1)(a) punishable under Section 21(1)(i) of the Films Act, Chapter 107.

Third Charge (P11)

You, Cheng Lu Jin, female 37 years old, are charged that you, on 27 December 2002 in Singapore, together with one Ng Chye Huay, NRIC No. S1632759Z, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to the Head Investigation of Central Police Division Headquarters, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Fourth Charge (P12)

You, Cheng Lu Jin, female 37 years old, are charged that you, on 27 December 2002 in Singapore, together with one Ng Chye Huay, NRIC No. S1632759Z, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to the Deputy Commander of Central Police Division Headquarters, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Fifth Charge (P13)

You, Cheng Lu Jin, female 37 years old, are charged that you, on 27 December 2002 in Singapore, together with one Ng Chye Huay, NRIC No. S1632759Z, in furtherance of the common intention of you both, did distribute, 2 video compact discs containing 2 films without a valid certificate approving the exhibition of the said films, to wit, by posting the said video compact discs to the Commander of Central Police Division Headquarters, and you have thereby committed an offence under Section 21(1)(b) with common intention punishable under Section 21(1)(ii) of the of the Films Act, Chapter 107 read with Section 34 of the Penal Code, Chapter 224.

Sixth Charge (P14)

You, Cheng Lu Jin, female 37 years old, are charged that you, on 27 December 2002 in Singapore, together with one Ng Chye Huay, NRIC No. S1632759Z, in furtherance of the common intention of you both, did...