Yong Vui Kong v Public Prosecutor
Jurisdiction | Singapore |
Judge | Chan Sek Keong CJ |
Judgment Date | 04 April 2012 |
Neutral Citation | [2012] SGCA 23 |
Court | Court of Appeal (Singapore) |
Docket Number | Criminal Motion No 2 of 2012 |
Year | 2012 |
Published date | 10 April 2012 |
Hearing Date | 14 March 2012 |
Plaintiff Counsel | M Ravi (L F Violet Netto) |
Defendant Counsel | Mavis Chionh, Teo Guan Siew, Kow Weijie Kelvin and Kok Shu-en (Attorney-General's Chambers) |
Subject Matter | Constitutional Law,Attorney-General,Prosecutorial discretion,Equality before the law |
Citation | [2012] SGCA 23 |
On 10 January 2012, this court delivered its judgment in
The basis of Yong’s application is that the decision of the AG (who is also the Public Prosecutor) to prosecute him for a capital offence under s 5(1)(
Yong was convicted on 14 November 2008 of trafficking in 47.27g of diamorphine and was sentenced to suffer death pursuant to s 33 of the MDA read with the Second Schedule thereto (see
Yong later changed his mind about not appealing against his sentence, and applied to this court for an extension of time to pursue such an appeal on the ground that the mandatory death penalty (“MDP”) imposed by s 33 of the MDA read with the Second Schedule thereto was unconstitutional. This court granted the application (see
Yong next applied for leave to bring judicial review proceedings in respect of the integrity of the clemency process set out in Art 22P of the Constitution on the ground that due to certain remarks made by the Minister for Law (“the Law Minister”) at a constituency function (which remarks were reported by the media), the integrity of the clemency process in his case had been fatally compromised as the Law Minister’s remarks showed that the Cabinet had made up its mind to reject his second clemency petition (which he had not even filed at that point in time). This application was dismissed by the High Court (see
As mentioned earlier, on 10 January 2012, this court delivered its judgment in
Equal protection 12. —(1) All persons are equal before the law and entitled to the equal protection of the law....
Attorney-General 35. ...
The particular facts upon which this Motion is based…
Yong was arrested in the early hours of the morning on 13 June 2007 near Meritus Mandarin Hotel at Orchard Road, Singapore. He admitted in his police statement recorded on 15 June 2007 that he had been asked by Chia to deliver some “gifts” to Singapore in return for a payment of RM2,000. This conversation took place on 12 June 2007 in Johor Baru, Malaysia (“Johor Baru”). Yong then asked his friend, one Chai Hor Hsiang, to drive him to Singapore. They entered Singapore at about 9.00pm on 12 June 2007, after which they proceeded to Yishun and then to Orchard Road, where they were both arrested. The “gifts” contained,
In a police statement recorded on 16 June 2007, Yong was shown a photograph of Chia and was asked to identify Chia. Yong identified Chia as the man who had asked him to deliver the “gifts” to Singapore. Yong requested a colour photograph of Chia in order to confirm the identification. Approximately two weeks later, on 3 July 2007, Yong was shown a colour photograph of Chia and confirmed that Chia was indeed the man who had asked him on 12 June 2007 to deliver the “gifts”. However, Yong went on to state in a police statement recorded on 3 July 2007:2
... I do not wish to identify him in court because I am worried about my own safety as well as that of my family. I request that Chia … would never kn[o]w that I had identify [
sic ] him in the photo.
On 4 August 2007, Chia (who had been arrested by the police in Malaysia and handed over to the Central Narcotics Bureau (“the CNB”) in Singapore) was charged with (
On 9 September 2008, Yong’s then defence counsel, Mr Kelvin Lim Phuan Foo (“Mr Lim”), made representations to the Prosecution to seek a reduction of the capital charge against Yong to a non-capital charge of trafficking in not less than 14.99g of diamorphine.3 Mr Lim drew the Prosecution’s attention to,
Yong’s trial in the High Court took place over five days in September and October 2008. On the second day of the trial (
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Wong Yuh Lan v PP
...of words to the contrary, the Penal Code provisions are presumed to apply territorially only. Thus, in Yong Vui Kong v Public Prosecutor [2012] SGCA 23 (‘Yong Vui Kong’), the Court of Appeal observed that s 109 of the Penal Code was only intended to criminalise acts of abetment, including a......
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Wong Yuh Lan v Public Prosecutor and other matters
...of words to the contrary, the Penal Code provisions are presumed to apply territorially only. Thus, in Yong Vui Kong v Public Prosecutor [2012] SGCA 23 (“Yong Vui Kong”), the Court of Appeal observed that s 109 of the Penal Code was only intended to criminalise acts of abetment, including a......