Public Prosecutor v Whang Sung Lin

• Jurisdiction: Singapore
• Judge: Sarjit Singh
• Judgment Date: 31 August 2009
• Neutral Citation: [2009] SGDC 308
• Court: District Court (Singapore)
• Year: 2009
• Citation: [2009] SGDC 308
• Plaintiff Counsel: Hon Yi with Chay Yuen Fatt (Deputy Public Prosecutor)
• Defendant Counsel: Subbas Anandan with Sunil (Khattar Wong)
• Published date: 06 October 2009

31 August 2009

District Judge Sarjit Singh:

1. The Accused is Whang Sung Lin, 44 years old. He claimed trial to the following charge: -

DAC 31396/2008

You, are charged that you, sometime between April 2008 and 19 June 2008, in Singapore, did intentionally abet, by instigation, one Wang Chin Sing and one Tang Wee Sung to enter into an arrangement in which the said Wang Chin Sing would, for valuable consideration, procure a suitable living donor to supply a kidney to the said Tang Wee Sung, to wit, by introducing the said Tang Wee Sung to the said Wang Chin Sing in return for a fee, for the said purpose, thereby abetting the said act, which act was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 14(2) read with Section 14(1) of the Human Organ Transplant Act, chapter 131A read with Section 109 of the Penal Code, chapter 224.

2. At the end of the trial, he was found guilty and convicted. The prescribed punishment on conviction is a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or both. He was sentenced to 8 months imprisonment. He has now filed an appeal against conviction and sentence. He is on bail pending appeal.

3. At the beginning of the trial the following Agreed Statement of Facts was tendered:-

“The Prosecution and the Defence herby agree that:

1. The complainant is Tan Chin Sze Annie, an Inspector appointed under the Human Organ Transplant Act, Chapter 131A (“HOTA”)

2. The accused is Whang Sung Lin, amle/44 years, NRIC No. S1650306A.

3. On 29 May 2008, a police report was lodged with Bukit Merah East Neighbourhood Police Centre, based on information received by the Ministry of Health that blood samples from multiple foreign nationals has been sent to Singapore for the purpose of cross matching against the blood sample of a single Singaporean, one Tang Wee Sung. (Annex A)

4. In 2008, Tang Wee Sung (“Tang”) was suffering from renal failure and required a kidney transplant. The accused knew one Wang Chin Sing (“Wang”) even before 2008, and also knew that Wang was able to source for willing kidney donors, in return for fees paid to Wang and the donor.

5. Sometime in May 2008, the accused spoke to Tang about Wang and highlighted that Wang may be able to help him source for a willing kidney donor. The accused gave Tang the contact number of Wang and asked Tang to call Wang.

6. Through the accused’s introduction, Tang contacted Wang and they subsequently met up. Subsequently, Tang and Wang entered in to an agreement for Wang to source for a willing donor to sell kidney to Tang for a fee. Tang agreed to pay S$300,000 for this arrangement.

7. One Sulaiman Damanik (“Sulaiman”), Passport No. S011245, an Indonesian national, was identified as the potential donor. Wang approached Sulaiman to sell one of his kidneys for a sum of money. Sulaiman agreed to sell his kidney for 150 million rupiah (approximately S$23,700), which would be paid to Sulaiman upon the successful completion of the kidney transplant operation. Another Indonesioan national, one Toni, was also recruited to act as a liaison between Sulaiman and Wang. It was agreed that Ton would be paid 20 million rupiah (approximately S$3,200) for his role.

8. On 6 June 2008, Sulaiman flew to Singapore and was received by Wang and Toni at the Changi International Airport. After Sulaiman’s arrival in Singapore, on the instructions of Wang, Sulaiman was brought by Toni to a clinic, run byone Dr Lye Wai Choong, to undergo various medical tests and other procedures preparatory to the proposed kidney transplant operation.

9. On 17 June 2008, Sulaiman had, under the coaching of Wang, made a false statutory declaration before one Benjamin Aloysius Frois, a Commissioner for Oaths, where Sulaiman declared that he had agreed to participate as a living donor in a kidney transplant surgical operation for Tang and confirmed the decision to donate his kidney to Tang gratis. Sulaiman made the statements set out below in a statutory declaration signed by him, while knowing that the said statements were false.

i. “I confirm that no money or financial gain has been or will be paid to me to procure my above consent”; and

ii. “I confirm that Tang Wee Sung’s niece’s (sister’s daughter) brother-in-law married by aunt (mother’s sister)”.

Neither of the above two declarations are in fact true. Sulaiman is completely unrelated to Tang, and the organ transplant arrangement had been made with the promise of monetary consideration.

10. On 19 June 2008, Wang instructed Toni to bring Sulaiman to meet Tang at the taxi-stand outside Mount Elizabeth Hospital at about 7.30am. They proceeded to the Transplant Ethics Committee(“TEC”) interview. Based on what Wang had coached them to say, both Tang and Sulaiman provided the same false information to the TEC panel which approved the application for a live kidney transplant based on the false information given.

11. On 30 May 2008, Wang issued a cash cheque for the sum of S$10,000 to the accused. On 10 June 2008, Wang issued another cash cheque for the sum of S$10,000 to the accused. (the fact that the two cheques were issued is not disputed but the purpose for which the money is being paid is a disputed fact) (Annex D)

12. On 27 June 2008, in Court 3 of the Subordinate Courts of Singapore, before the learned District Judge Bala Reddy, Sulaiman pleaded guilty to one charge under Section 14(1) read with Section 14(2) of the HOTA (DAC 27677/2008) and one charge under Section 14(1)(a)(ii) of the Oaths and Declarations Act, chapter 211 (DAC 28643/2008), in relation to the organ transplant transaction involving Tang. (Charges and Statement of Facts attached at Annex B)

13. On 27 August 2008, in Court 3 of the Subordinate Courts of Singapore, before the learned District Judge Ng Peng Hong, Tang pleaded guilty to one charge under Section 14(1) read with Section 14(2) of the HOTA (DAC 31037/2008) and one charge under Section 14(1)(a)(ii) of the Oaths and Declarations Act, chapter 211 (DAC 31038/2008), in relation to the organ transplant transaction involving him. ( Charges and Statement of Facts attached at Annex C)”

4. The main witnesses for the Prosecution were Wang Chin Sing (PW3) and Tang Wee Sung (PW4).

5 a) Wang Chin Sing (“Wang C S”) testified that sometime in 2006 he became aware from Dr Lian who is the brother in law of Tang Wee Sung (“Tang”) that Tang is ill with kidney problems. About two years later in 2008 Dr Lye informed Wang C.S. about Tang’s illness. According to Wang C.S. “in 2008 Dr Lye mentioned that Tang Wee Sung is seeing him for his kidney illness. I related the information to the accused. I told accused Tang Wee Sung is ill. He has probably one to two years lifespan. He needs kidney transplant. We met up. I met accused at Ya Kun at Funan Centre. This meeting was on Saturday afternoon. It was April 2008. Between 2006 and the meeting in 2008, I spoke to accused about Tang, it was sometime after Dr Lian phone call. This was in 2006. Tang Wee Sung is accused’s wife uncle. So I mention to accused about his uncle-in-law’s condition. The accused is aware of his illness. He did mention that if Tang needed a kidney he asked me to charge a fee. The accused asked me to charge a fee. Charge Tang Wee Sung a fee. The accused want me to charge a fee because Tang Wee Sung and accused father-in-law had fallout. That’s why I said they were not close. At the meeting in April 2008, the meeting was at Ya Kun Funan Centre. I initiated the meeting. At this meeting the accused was going to pass my mobile number to Tang Wee Sing. The accused suggested it. The purpose was I will arrange for kidney donor for Tang Wee Sung. The fee of $300,000 was decided……The sum of $300,000 was arrived at minus the cost of donor and balance to be shared between the accused and myself. The cost was around $100,000 Singapore. Cost involved locating the donor, medical tests, flights and fees payable to donor, lodging in Singapore, clothings, pocket money. The balance would approximately be $200,000. Balance to be split between me and accused person. The accused would get approximately $100,000 Singapore dollars. The accused came up with the figure of $300,000. Both of us decided the sharing of the balance amount.” (p. 12 NE).

5 b) Wang further testified that he previously sought a donor for one Julain Soh. He charged Julian Soh $56,000 and his (Wang C S) fee was $8000. But in the case of Tang Wee Sung Wang C S said “I am charging a lot more. I am not sure whether accused know how much I charge in Julian Soh’s case. I charged more in Tang Wee Sung’s case because accused mentioned that Tang Wee Sung is a very rich man. The accused came up with the $300,000 figure.” (p. 13 NE).

5 c) After this meeting at Ya Kun Funan Centre according to Wang C S his mobile number was given to Tang Wee Sung by the accused. He knew his mobile number was given to Tang Wee Sung because the accused told him. Wang C S subsequently received a call from Tang Wee Sung on his mobile number. This was sometime end April or early May 2008. It was shortly after his meeting with the accused. Tang Wee Sung asked Wang C S to visit him at his home and Wang C S did so. This was in early May. It was on the same day as the phone call received from Tang Wee Sung.

5 d) What transpired at Tang’s house was described by Wang C S as follows: “I visited Tang Wee Sung at his house. He needed a kidney donor. I said I will try. The accused was mentioned. Mr Tang got my mobile through the accused. After that we arrange to meet again. We met again. We met at Tang’s house again. This meeting was probably a few days after the first. At this meeting the fee of $300,000 was agreed upon. He asked the breakdown of the fee of $300,000. I told him that $50,000 to locate the donor and next $50,000 to fly in the donor. On the operating day the next $150,000 to pay the donor. After the operation a success a fee of $50,000. He...