Loh Ah Kow v Public Prosecutor: Common Gaming House Definition & Occupier's Liability
In Loh Ah Kow v Public Prosecutor, the High Court of Singapore heard an appeal by Loh Ah Kow against his conviction for permitting his premises to be used as a common gaming house under s 4(1)(b) of the Common Gaming Houses Act. The High Court, Yong Pung How CJ, dismissed the appeal, holding that a room could constitute a 'place' under the Act and that the evidence supported the finding that Loh Ah Kow permitted the premises to be used for habitual gaming.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Loh Ah Kow, lessee of a vehicle workshop, was convicted of permitting his premises to be used as a common gaming house. The High Court upheld the conviction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Hee Mee Lin of Deputy Public Prosecutor Leon Low of Deputy Public Prosecutor |
| Loh Ah Kow | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hee Mee Lin | Deputy Public Prosecutor |
| Leon Low | Deputy Public Prosecutor |
| MP Rai | Cooma & Rai |
4. Facts
- Police raided Loh Ah Kow Motor Service and found people gambling in a room.
- Loh Ah Kow was the lessee of the premises.
- Gambling paraphernalia was seized from the premises.
- Loh Ah Kow claimed he told the gamblers to leave before the raid.
- The entrance to the premises was not locked.
- A large number of people were gambling on the premises.
- The appellant claimed that these people were friends and acquaintances brought there by his workers.
5. Formal Citations
- Loh Ah Kow v Public Prosecutor, MA 135/2000, [2000] SGHC 190
6. Timeline
| Date | Event |
|---|---|
| Police raid on Loh Ah Kow Motor Service. | |
| High Court dismisses Loh Ah Kow's appeal. |
7. Legal Issues
- Definition of 'place' in Common Gaming Houses Act
- Outcome: The court held that a room could constitute a 'place' within the meaning of the Act.
- Category: Substantive
- Presumption under s 17 of the Common Gaming Houses Act
- Outcome: The court held that the trial judge could proceed on the basis that entry had been effected under the Act, and that the presumption in s 17 of the Act accordingly came into play.
- Category: Procedural
- Whether premises within first limb of definition of common gaming house
- Outcome: The court found that the premises fell within the first limb of the definition of 'common gaming house'.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Permitting premises to be used as a common gaming house
10. Practice Areas
- Criminal Litigation
11. Industries
- Automotive
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| R v Li Kim Poat & Anor | Singapore High Court | Yes | [1933] MLJ 164 | Singapore | Cited regarding the definition of 'place' in the context of a common betting house, but the court declined to adopt the interpretation given in this case. |
| R v Li Kim Poat & Anor | Singapore High Court | Yes | [1933] SSLR 129 | Singapore | Cited regarding the definition of 'place' in the context of a common betting house, but the court declined to adopt the interpretation given in this case. |
| PP v Ting Sing Yong & Ors | Malaysian High Court | Yes | [1998] 2 MLJ 73 | Malaysia | Cited regarding the application of the presumption under the Malaysian Common Gaming Houses Act, but the court declined to follow it. |
| Re Lim Kwang Teik & Ors | N/A | Yes | [1954] MLJ 159 | Malaysia | Cited regarding the presumption that official acts have been regularly performed, supporting the view that the entry into the premises was lawful. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Common Gaming Houses Act (Cap 49) s 2(1) | Singapore |
| Common Gaming Houses Act (Cap 49) s 4(1)(b) | Singapore |
| Common Gaming Houses Act (Cap 49) s 7 | Singapore |
| Common Gaming Houses Act (Cap 49) s 13(1) | Singapore |
| Common Gaming Houses Act (Cap 49) s 16(1) | Singapore |
| Common Gaming Houses Act (Cap 49) s 17 | Singapore |
| Evidence Act (Cap 97) s 116 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Common gaming house
- Place
- Presumption
- Gambling
- Occupier
- Permit
15.2 Keywords
- Common gaming house
- Gambling
- Singapore
- Criminal law
- Loh Ah Kow
- Public Prosecutor
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Casinos and Gambling | 95 |
| Criminal Law | 90 |
| Statutory Interpretation | 40 |
| Banking Law | 10 |
16. Subjects
- Criminal Law
- Gambling
- Common Gaming House