Kong See Chew v PP: Abetment of Employing Illegal Foreign Worker; Employment of Foreign Workers Act
Kong See Chew appealed to the High Court of Singapore against his conviction in the subordinate courts for abetting the employment of an illegal foreign worker, Tye Soon Hin, at M KTV Karaoke Lounge. The High Court, presided over by Yong Pung How CJ, dismissed the appeal, finding that the prosecution had proven beyond a reasonable doubt that Chew, as the manager of M KTV, intentionally aided Chua Seng Kim in employing Tye without a valid work permit, in violation of the Employment of Foreign Workers Act.
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
Kong See Chew was convicted of abetting the employment of an illegal foreign worker. The High Court dismissed his appeal, finding sufficient evidence of his involvement.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment Affirmed | Won | Toh Yung Cheong of Deputy Public Prosecutor |
| Kong See Chew | Appellant | Individual | Appeal Dismissed | Lost | |
| Chua Seng Kim | Other | Individual | |||
| Tye Soon Hin | Other | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Toh Yung Cheong | Deputy Public Prosecutor |
| Uthayasurian Sidambaram | Surian & Partners |
4. Facts
- Kong See Chew was charged with abetting the employment of an illegal foreign worker.
- Chew was the manager of M KTV Karaoke Lounge from February 1994 to August 1998.
- Tye Soon Hin, a Malaysian worker, was found working at M KTV without a valid work permit.
- Tye testified that Chew oversaw his work and paid his salary.
- James Wee Peo Cheng testified that only the manager had the authority to employ workers.
- Chew claimed he was demoted and lacked authority to hire workers at the time of Tye's employment.
- Chew had a prior conviction in 1997 for similar offences under the Employment of Foreign Workers Act.
5. Formal Citations
- Kong See Chew v Public Prosecutor, MA 268/2000, [2001] SGHC 89
6. Timeline
| Date | Event |
|---|---|
| Kong See Chew began working at M KTV as a manager. | |
| Kong See Chew was allegedly demoted from manager to entertaining customers. | |
| Kong See Chew was convicted and fined for abetting in the illegal employment of foreign workers. | |
| Tye Soon Hin started working at M KTV as a waiter. | |
| Kong See Chew left his employment at M KTV. | |
| Ministry of Manpower raided M KTV Karaoke Lounge and found Tye Soon Hin without a valid work permit. | |
| Case Number MA 268/2000 | |
| High Court dismissed the appeal. |
7. Legal Issues
- Abetment of Offence
- Outcome: The court held that an abetment charge could be preferred even if the actus reus of the principal offence was not established.
- Category: Substantive
- Sub-Issues:
- Intentional aiding
- Establishment of principal offence
- Related Cases:
- [1999] 2 SLR 542
- Standard of Proof
- Outcome: The court found that the prosecution had established a prima facie case and proved its case beyond a reasonable doubt, even with circumstantial evidence.
- Category: Procedural
- Sub-Issues:
- Circumstantial evidence
- Prima facie case
- Proof beyond reasonable doubt
- Related Cases:
- [1980-1981] SLR 73
- [1966] 2 MLJ 195
8. Remedies Sought
- Appeal against conviction
9. Cause of Actions
- Abetment
- Violation of Employment of Foreign Workers Act
10. Practice Areas
- Criminal Appeals
- Immigration Offences
- Employment of Foreign Workers
11. Industries
- Hospitality
- Entertainment
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chua Kian Kok v PP | High Court | Yes | [1999] 2 SLR 542 | Singapore | Cited for the principle that an abettor can be liable even if the principal offence was not committed in cases of abetment by intentional aiding. |
| Haw Tua Tau v PP | Unknown | Yes | [1980-1981] SLR 73 | Singapore | Cited for the test to determine whether the prosecution has established a prima facie case against an accused. |
| Ang Sunny v PP | Unknown | Yes | [1966] 2 MLJ 195 | Malaysia | Cited to clarify that the test for convictions based on circumstantial evidence should be applied at the close of the trial, not at the close of the prosecution's case. |
| Tan Siew Chay v PP | Unknown | Yes | [1993] 2 SLR 14 | Singapore | Cited regarding the application of circumstantial evidence in establishing a prima facie case. |
| Chua Keem Long v PP | Unknown | Yes | [1996] 1 SLR 510 | Singapore | Cited regarding the application of section 116 illustration (g) of the Evidence Act and the materiality of witnesses not produced. |
| Lau Song Seng v PP | Unknown | Yes | [1998] 1 SLR 663 | Singapore | Cited regarding the application of section 116 illustration (g) of the Evidence Act and the materiality of witnesses not produced. |
| Lai Kam Loy v PP | Unknown | Yes | [1994] 1 SLR 787 | Singapore | Cited regarding adverse inferences for failing to call witnesses when the prosecution's case is sufficiently proved by other evidence. |
| Satli bin Masot v PP | Unknown | Yes | [1999] 2 SLR 637 | Singapore | Cited regarding adverse inferences for failing to call witnesses when the prosecution's case is sufficiently proved by other evidence. |
| Yeo Choon Huat v PP | Unknown | Yes | [1998] 1 SLR 217 | Singapore | Cited regarding adverse inferences when the prosecution withholds evidence from the accused or the court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Employment of Foreign Workers Act (Cap 91A, 1997 Ed) s 5(1) | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1997 Ed) s 6 | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1997 Ed) s 23(1) | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1997 Ed) s 5(6) | Singapore |
| Evidence Act (Cap 97, 1997 Ed) s 116 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Illegal foreign worker
- Abetment
- Employment of Foreign Workers Act
- Prima facie case
- Circumstantial evidence
- Manager
- Work permit
- Intentional aiding
- Reasonable doubt
- Registered proprietor
15.2 Keywords
- abetment
- illegal foreign worker
- employment
- immigration
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Employment of Foreign Manpower Act | 95 |
| Abetment | 70 |
| Employment Law | 60 |
| Evidence | 50 |
| Criminal Law | 30 |
16. Subjects
- Employment Law
- Criminal Law
- Immigration Law