Tay Aik Long Andrew v Public Prosecutor: Criminal Breach of Trust & Economic Restructuring Shares Eligibility
In Tay Aik Long Andrew v Public Prosecutor, the High Court of Singapore heard an appeal by Tay Aik Long Andrew against his conviction for criminal breach of trust. Tay Aik Long Andrew, a temporary employee at the Central Provident Fund Board (CPF), was found guilty of dishonestly misappropriating $50 from Leong Yew Cheong, intended as a voluntary contribution to his wife's CPF account to qualify her for Economic Restructuring Shares. The High Court, Yong Pung How CJ, dismissed the appeal, upholding the District Judge's decision.
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
Tay Aik Long Andrew was convicted of criminal breach of trust for misappropriating $50 intended for CPF contribution. The appeal was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Won | Won | Amarjit Singh of Deputy Public Prosecutor |
| Tay Aik Long Andrew | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Amarjit Singh | Deputy Public Prosecutor |
4. Facts
- Tay Aik Long Andrew was a temporary employee at the Central Provident Fund Board (CPF).
- Andrew was stationed at the ERS counter to assist CPF members with ERS-related enquiries.
- Leong Yew Cheong intended to contribute $50 to his wife's CPF account to make her eligible for ERS.
- Leong handed Andrew $50 for the contribution, but it was not credited to the account.
- Andrew did not have the authority to accept payments from CPF members.
- Leong made a police report after discovering the money was not credited.
5. Formal Citations
- Tay Aik Long Andrew v Public Prosecutor, MA 186/2003, [2004] SGHC 14
6. Timeline
| Date | Event |
|---|---|
| Tay Aik Long Andrew misappropriated $50 from Leong Yew Cheong at CPF Tampines. | |
| Mrs. Leong discovered that no ERS had been credited into her CPF account. | |
| Mr. and Mrs. Leong went to CPF Tampines and learnt that the $50 had not been credited into Mrs. Leong’s CPF account. | |
| Mr. Leong made a police report. | |
| First lot of Economic Restructuring Shares was distributed. | |
| High Court dismissed the appeal. |
7. Legal Issues
- Criminal Breach of Trust
- Outcome: The court upheld the conviction for criminal breach of trust.
- Category: Substantive
- Credibility of Witness Testimony
- Outcome: The court found the complainant's testimony to be credible and reliable.
- Category: Procedural
- Related Cases:
- [1992] 1 SLR 713
- [1998] 3 SLR 788
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- Criminal Breach of Trust
10. Practice Areas
- Criminal Breach of Trust
11. Industries
- Government
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Ah Poh v PP | N/A | Yes | [1992] 1 SLR 713 | Singapore | Cited for the principle that an appellate court will generally not interfere with a trial judge’s findings of fact unless they are clearly reached against the weight of the evidence. |
| Syed Jafaralsadeg bin Abdul Kadir v PP | N/A | Yes | [1998] 3 SLR 788 | Singapore | Cited for the principle that an appellate court should be slow to overturn the trial judge’s finding of fact especially when the trial judge has made an assessment of the credibility and veracity of the witness. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| section 406 of the Penal Code, Chapter 224 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal Breach of Trust
- Economic Restructuring Shares
- Central Provident Fund
- Voluntary Contribution
- Dishonest Misappropriation
15.2 Keywords
- Criminal Breach of Trust
- CPF
- Economic Restructuring Shares
- Singapore
- Misappropriation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Breach of Trust | 90 |
| Criminal Law | 85 |
| Misappropriation | 75 |
| Theft | 70 |
| Central Provident Fund | 65 |
| Evidence | 60 |
| Company Law | 30 |
16. Subjects
- Criminal Law
- Breach of Trust
- Singapore Law