Public Prosecutor v Soh Keng Ho

JurisdictionSingapore
JudgeGilbert Low Teik Seang
Judgment Date13 August 2004
Neutral Citation[2004] SGMC 8
Published date06 September 2004
CourtMagistrates' Court (Singapore)
Plaintiff CounselStation Inspector Sheikh Alaudeen
Defendant CounselSurety acting in person

13 August 2004

Magistrate Gilbert Low:

1 On 23 March 2004, one Mansor bin Zaiman, a narcotics officer attached to the Enforcement Division, Central Narcotics Bureau, made a complaint before a Magistrate pursuant to section 133(2) of the Criminal Procedure Code as follows:

I am a Narcotics Officer currently attached to the Enforcement Division, Central Narcotics Bureau, Singapore.

2 The defendant is Soh Keng Ho, Male/53 years old, NRIC No: S0068980G residing at Block 29, Havelock Road, #15-615, S(160029).

3 On 13th October 2002 at about 1545 hrs, one Hui Seng Hong, Male/38 years old, NRIC No: S1648474A residing at Block 66, Circuit Road, #05-333, S(380053), was arrested at Woodlands Checkpoint CNB Office, Singapore for consumption of a controlled drug vide police report no.: J/20021013/80/D.

4 On 14th October 2002, the defendant stood bail for the accused for a sum of five thousand dollars with one surety pending further investigations. The defendant was directed to produce the accused on 25th October 2002 at Woodlands Checkpoint CNB office vide bail No: 347474. However, Hui Seng Hong, NRIC No: S1648474A failed to report to the bureau on 25th October 2002.

5 May I now pray for a summon to be issued against Soh Keng Ho, Male/53 years old, NRIC No: S0068980G, residing at Block 29, Havelock Road, #15-615, S(160029) to attend court for him to show cause why his $5,000/- which was used as the bail money, should not be forfeited to the state.

2 A notice to surety was accordingly issued to Soh Keng Ho (referred to as “the surety”) requiring him to attend Court to show cause why the sum of $5,000 should not be forfeited. He attended Court on 24 July 2004 and gave me the following reasons. The accused person Hui Seng Hong (referred to as “the accused” or “Hui”) was his friend and this Hui was a coffee-shop assistant whom he met and got to know. After bailing Hui out of police custody, he did not know where Hui had gone. He was unable to contact Hui. On 25 October 2002, he discovered that Hui did not attend Court. He also went to Woodlands Checkpoint and discovered that Hui did not go there. He also tried to contact Hui and the family members.

3 Then, on 12 August 2003, at about 8.30 pm, he received a call from Hui who informed him that Hui was going to Indonesia. Hui also wanted to borrow money from him. The surety then immediately contacted the Investigating Officer “Mansor” and informed the officer that Hui was going to abscond to Indonesia before 10.30 pm, but was told by the officer that he was not free. The surety then called the Central Narcotics Bureau headquarters to have his statement recorded. He also tendered a letter dated 20 July 2004 written on his behalf by his Member of Parliament, which set out the events on 12 August 2003 in support.

4 The principles regulating the Court’s exercise of discretion in these show cause proceedings have been laid down by the High Court in several cases, after adopting the English cases. In PP v. Ram Ghanshamdas Mahtani & Another [2003] 1 SLR 517, Yong Pung How CJ summarised the principles as follows:

4 It has often been emphasized by the courts that the obligation which comes with standing bail for an accused is not merely a moral one, but has serious legal consequences attached with it. The bailor undertakes real risks, when an accused fails to surrender to his bail. In R v Knightsbridge Crown Court, ex parte Newton [1980] Crim LR 715, Donaldson LJ averred this statement of principle:

It has been said by this court, and by other courts time and again, that entering into suretyship (going bail for someone, to use the common phrase) is an extremely serious matter not to be lightly undertaken, and those who go bail must understand that, if the accused fails to surrender to his bail, it is only in the most exceptional cases that the court will be prepared to modify the prima facie position, which is that the amount for which the person concerned has stood surety will be forfeit in full. [emphasis added]

5 The above passage was referred to by Karthigesu J (as he then was) in Loh Kim Chiang v Public Prosecutor [1992] 2 SLR 233, where he discussed extensively the principles relating to forfeiture of bail. In that case, he had also referred to a passage from the judgment of Lord...

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