Kang Ngah Wei v Commander of Traffic Police: Certiorari Application for Driving Licence Revocation
Kang Ngah Wei applied to the High Court of Singapore for leave to apply for an order of certiorari to quash the decision of the Commander of Traffic Police to revoke her driving license after she had a car accident during an asthma attack. The High Court, presided over by Justice Tan Lee Meng, dismissed her application, finding no procedural impropriety or unreasonableness in the Commander's decision and noting she had not utilized available mechanisms to regain her license.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for leave to apply for an order of certiorari is dismissed with costs.
1.3 Case Type
Administrative
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for certiorari to quash the revocation of a driving license due to an asthma attack while driving. Leave to apply for the order was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kang Ngah Wei | Applicant | Individual | Application Dismissed | Lost | |
| Commander of Traffic Police | Respondent | Government Agency | Judgment for Respondent | Won | Jeffrey Chan Wah Teck of Senior State Council |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew Hanam | Hanam & Co |
| Jeffrey Chan Wah Teck | Senior State Council |
4. Facts
- Ms. Kang was involved in a motor accident on 19 September 2001.
- Ms. Kang reported that she had an acute asthma attack, causing the accident.
- Dr. Chou confirmed Ms. Kang suffered an acute asthma attack while driving.
- The Commander of Traffic Police revoked Ms. Kang's driving licence on 15 October 2001.
- Ms. Kang applied for leave to apply for an order of certiorari to quash the decision.
- Traffic police invited her to take a prescribed medical test and to furnish additional medical information.
- Ms. Kang did not respond to the offer.
5. Formal Citations
- Kang Ngah Wei v Commander of Traffic Police, OS 601603/2001, [2002] SGHC 4
6. Timeline
| Date | Event |
|---|---|
| Ms. Kang was involved in a motor accident along Lornie Road at 4.30 am. | |
| Ms. Kang filed a report with the traffic police at 7.15 pm. | |
| Dr. Vida Chou issued a letter regarding Ms. Kang's asthma. | |
| The Commander of Traffic Police revoked Ms. Kang’s driving licence. | |
| Traffic police sent Ms. Kang a letter regarding her driving license revocation. | |
| Decision Date |
7. Legal Issues
- Procedural Impropriety
- Outcome: The court found no procedural impropriety in the decision to revoke the applicant's driving license.
- Category: Procedural
- Unreasonableness
- Outcome: The court found that the decision to revoke the applicant's driving license was not unreasonable.
- Category: Substantive
- Related Cases:
- [1948] 1 KB 223
- [1985] 1 AC 374
8. Remedies Sought
- Certiorari
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Judicial Review
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Service Commission v Lai Swee Lin Linda | Court of Appeal | Yes | [2001] 1 SLR 644 | Singapore | Cited for the test for determining whether or not leave should be granted to a person to apply for an order of certiorari. |
| National Federation of Self Employed and Small Businesses Ltd | N/A | Yes | [1982] AC 617 | N/A | Cited for Lord Diplock’s threshold test in determining whether or not leave should be granted to a person to apply for an order of certiorari. |
| Secretary of State for Education and Science v Tameside Metropolitan Borough Council | N/A | Yes | [1977] AC 1014 | N/A | Cited regarding judicial scrutiny of decisions made by public officers. |
| Associated Provincial Picture Houses Ltd v Wednesbury Corporation | N/A | Yes | [1948] 1 KB 223 | N/A | Cited for the principle of 'Wednesbury unreasonableness' in judicial review. |
| Council of Civil Service Unions v Minister for Civil Service | N/A | Yes | [1985] 1 AC 374 | N/A | Cited for Lord Diplock's explanation of 'Wednesbury unreasonableness'. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Act (Cap 276) | Singapore |
| Section 37(6) of the Road Traffic Act (Cap 276) | Singapore |
| Section 37(8) of the Road Traffic Act | Singapore |
| Section 2 of the Road Traffic Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Certiorari
- Driving Licence Revocation
- Asthma Attack
- Procedural Impropriety
- Wednesbury Unreasonableness
- Road Traffic Act
- Public Safety
15.2 Keywords
- certiorari
- driving licence
- revocation
- asthma
- traffic police
- judicial review
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Revocation of Driving Licence | 95 |
| Administrative Law | 90 |
| Road Traffic Act | 85 |
| Automobile Accidents | 70 |
| Personal Injury | 60 |
16. Subjects
- Administrative Law
- Traffic Law
- Judicial Review