Yuong Cheong Construction v Shimizu: Factories Act & Systematic Demolition

Yuong Cheong Construction Pte Ltd (YCC) appealed against its conviction and sentence for contravening the Factories Act, Cap 104, specifically regulations 115(1) and 116(1) of the Factories (Building Operations and Works of Engineering Construction) Regulations. Shimizu Corporation, the main contractor, had engaged YCC as a subcontractor for demolition works at the IMM building. The charges arose after an employee of YCC demolished a wall in an unsafe manner, leading to a fatality. The High Court dismissed YCC's appeal, upholding the magistrate's decision that YCC was the actual offender and confirming the fines imposed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Yuong Cheong Construction appealed conviction under the Factories Act for unsafe demolition. The court dismissed the appeal, upholding the fine.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Yuong Cheong Construction Pte LtdAppellantCorporationAppeal DismissedLostSyed Ahmad Bin Alwee Alsree, Chan Lai Foong
Shimizu CorporationRespondentCorporationCharges DismissedWonTan Soo Kiang, Simon Jones

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
Syed Ahmad Bin Alwee AlsreeBilly & Alsree
Chan Lai FoongBilly & Alsree
Tan Soo KiangWee Swee Teow & Co
Simon JonesWee Swee Teow & Co

4. Facts

  1. Shimizu was the main contractor for additions and alterations at the IMM building.
  2. YCC was the subcontractor for demolition works.
  3. YCC was tasked to demolish 44 internal partition walls.
  4. MOM charged Shimizu with offences under s 88(1) of the Factories Act.
  5. YCC demolished the L-shaped wall in an unsafe manner.
  6. The wall collapsed, killing one person and injuring four others.
  7. Shimizu sought to rely on ss 92 and 93 of the Act, claiming YCC was the actual offender.

5. Formal Citations

  1. Yuong Cheong Construction Pte Ltd v Shimizu Corporation, MA 86/2002, [2003] SGHC 48

6. Timeline

DateEvent
Demolition works on the walls began.
YCC had demolished 42 of the 44 walls it contracted to demolish.
Wall collapsed during demolition, causing fatality and injuries.
MA 86/2002 case filed
Judgment delivered.

7. Legal Issues

  1. Failure to ensure systematic demolition
    • Outcome: The court held that YCC failed to ensure the systematic demolition of the wall.
    • Category: Substantive
    • Sub-Issues:
      • Demolition from bottom-up instead of top-down
      • Lack of supervision during demolition
  2. Failure to ensure continuing inspections
    • Outcome: The court held that YCC failed to ensure continuing inspections during the demolition process.
    • Category: Substantive
    • Sub-Issues:
      • Lack of designated person for inspections
      • Absence of supervision during demolition
  3. Liability under the Factories Act
    • Outcome: The court held that both the occupier and the third party can be held liable for offences under the Factories Act.
    • Category: Substantive
    • Sub-Issues:
      • Liability of occupier
      • Liability of third party

8. Remedies Sought

  1. Dismissal of charges against Shimizu
  2. Conviction of YCC as the actual offender

9. Cause of Actions

  • Contravention of regulation 115(1) of the Factories (Building Operations and Works of Engineering Construction) Regulations
  • Contravention of regulation 116(1) of the Factories (Building Operations and Works of Engineering Construction) Regulations

10. Practice Areas

  • Construction Law
  • Regulatory Law

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Riverstone Meat Co Pty v Lancashire Shipping Co LtdEnglish Court of AppealYes[1960] 1 All ER 193England and WalesCited to support the principle that what constitutes due diligence varies according to the facts of each case.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Factories Act (Cap 104) s 88(1)Singapore
Factories Act (Cap 104) s 92Singapore
Factories Act (Cap 104) s 93Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Factories Act
  • Building Operations and Works of Engineering Construction Regulations
  • Demolition
  • Systematic demolition
  • Due diligence
  • Occupier
  • Sub-contractor
  • Negligence
  • Safety
  • Site safety supervisor

15.2 Keywords

  • Factories Act
  • Demolition
  • Construction Safety
  • Negligence
  • Singapore
  • Regulatory Offence

16. Subjects

  • Building and Construction Law
  • Occupational Safety
  • Regulatory Offences

17. Areas of Law

  • Building and Construction Law
  • Statutes and Regulations
  • Factories Act