Lee Huay Kok v Attorney General: Director Disqualification after Corruption Conviction

Lee Huay Kok applied to the High Court of Singapore for leave to act as a director of his company, HK Hardware and Engineering Pte Ltd, after being disqualified under the Companies Act following a corruption conviction. The Attorney General opposed, arguing the court lacked jurisdiction to grant leave in cases of automatic disqualification under s 154(1) of the Companies Act. The court agreed with the Attorney General and dismissed the application, holding that it only had jurisdiction to grant leave in cases where a disqualification order was made under s 154(2).

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application for leave to act as director after disqualification for corruption. The court dismissed the application, holding it lacked jurisdiction.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralRespondentGovernment AgencyWonWon
Eric Chin of Attorney-General’s Chambers
Lee Huay KokApplicantIndividualApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Eric ChinAttorney-General’s Chambers
Hri KumarDrew & Napier LLC
Ajay AdvaniDrew & Napier LLC

4. Facts

  1. Lee Huay Kok was convicted of corruption in December 1998.
  2. He was fined $13,000 for the corruption offences.
  3. He was disqualified from acting as a director for five years under s 154(3) of the Companies Act.
  4. He applied to the High Court for leave to act as a director of his company, HK Hardware and Engineering Pte Ltd.
  5. The application was made under s 154(6) of the Companies Act.
  6. The Attorney General argued the court lacked jurisdiction.
  7. The offences involved bribes totaling $7,050.

5. Formal Citations

  1. Lee Huay Kok v Attorney General, OS 601058/2001, [2001] SGHC 291

6. Timeline

DateEvent
HK Hardware and Engineering Pte Ltd founded.
Lee Huay Kok convicted of corruption.
Application for leave to act as director dismissed.

7. Legal Issues

  1. Jurisdiction of Court to Grant Leave to Act as Director
    • Outcome: The court held that it lacked jurisdiction to grant leave in cases of automatic disqualification under s 154(1) of the Companies Act.
    • Category: Jurisdictional

8. Remedies Sought

  1. Leave to act as a director
  2. Leave to take part in the management of a company

9. Cause of Actions

  • Application for Leave to Act as Director

10. Practice Areas

  • Corporate Law
  • Litigation

11. Industries

  • Hardware
  • Engineering

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Teck Cheng v A-GHigh CourtYes[1995] 3 SLR 821SingaporeCited as an example of a case where leave was granted, but distinguished because the jurisdiction point was not argued and the full facts were not before the judge.
Quek Leng Chye v A-GPrivy CouncilYes[1984-1985] SLR 72SingaporeApproved judgment setting out factors a court should consider in applications for leave to act as a director after disqualification.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Companies Act (Cap 50, 1994 Ed) s 154(1)Singapore
Companies Act (Cap 50, 1994 Ed) s 154(2)Singapore
Companies Act (Cap 50, 1994 Ed) s 154(3)Singapore
Companies Act (Cap 50, 1994 Ed) s 154(6)Singapore
Companies Act (Cap 50, 1994 Ed) s 154(9)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Disqualification
  • Director
  • Companies Act
  • Corruption
  • Leave of Court
  • Jurisdiction

15.2 Keywords

  • Director disqualification
  • Companies Act
  • Corruption
  • Singapore
  • Leave of court

17. Areas of Law

Area NameRelevance Score
Prevention of Corruption Act90
Company Law85
Director Disqualification75
Corporate Governance60

16. Subjects

  • Companies
  • Directors
  • Disqualification