Ng Keng Yong v PP: Negligence Causing Death at Sea, Collision Regulations Breach

Ng Keng Yong and Chua Chue Teng, lieutenants in the Republic of Singapore Navy, appealed against their convictions in the High Court of Singapore for causing death by a negligent act under Section 304A of the Penal Code, arising from a collision between the RSS Courageous and the ANL Indonesia on January 3, 2003, resulting in the deaths of four RSN servicewomen. The High Court dismissed both appeals, finding that the appellants' negligence in navigating the Courageous was the proximate cause of the collision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeals dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Ng Keng Yong and Chua Chue Teng appeal convictions for causing death by negligence after a collision at sea. The court dismissed the appeals.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Hui Choon Kuen of Deputy Public Prosecutors
Hamidul Haq of Deputy Public Prosecutors
Ng Keng YongAppellantIndividualAppeal DismissedLost
Chua Chue TengAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
Hui Choon KuenDeputy Public Prosecutors
Hamidul HaqDeputy Public Prosecutors
Loh Wai YueRajah and Tann
Ian TeoRajah and Tann
Lionel TanRajah and Tann
Steven Chong SCRajah and Tann

4. Facts

  1. The RSS Courageous and the ANL Indonesia collided on 3 January 2003.
  2. The collision resulted in the deaths of four RSN servicewomen.
  3. Ng Keng Yong was the Officer-of-the-Watch on the Courageous.
  4. Chua Chue Teng was a trainee OOW and had control of the steering of the Courageous.
  5. The Courageous altered course to port instead of starboard.
  6. The ANL altered course to starboard using autopilot.
  7. The Courageous was traveling against the flow of traffic in the TSS.

5. Formal Citations

  1. Ng Keng Yong v Public Prosecutor and Another Appeal, MA 58/2004, 59/2004, [2004] SGHC 171

6. Timeline

DateEvent
Collision between RSS Courageous and ANL Indonesia
Appeals dismissed

7. Legal Issues

  1. Breach of Rule 14(a) International Regulations for Preventing Collisions at Sea 1972
    • Outcome: The court held that the appellants were negligent in breaching Rule 14(a) by altering course to port instead of starboard when the vessels were approaching each other so as to involve a risk of collision.
    • Category: Substantive
    • Sub-Issues:
      • Failure to alter course to starboard
      • Failure to pass port to port
  2. Standard of Care for Trainee
    • Outcome: The court held that a trainee OOW should be held to the same standard of care as a qualified OOW.
    • Category: Substantive
    • Sub-Issues:
      • Application of Nettleship v Weston
      • Objective standard of care
    • Related Cases:
      • [1971] 2 QB 691
  3. Causation
    • Outcome: The court held that the appellants' negligence was the proximate and efficient cause of the collision, and the contributory negligence of the other vessel did not break the chain of causation.
    • Category: Substantive
    • Sub-Issues:
      • Proximate cause
      • Efficient cause
      • Intervening negligence
    • Related Cases:
      • [1964] MLJ 285

8. Remedies Sought

  1. Appeal against conviction

9. Cause of Actions

  • Causing death by negligent act

10. Practice Areas

  • Criminal Law
  • Shipping Law

11. Industries

  • Maritime

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Poh Eng v PPHigh CourtYes[1999] 2 SLR 116SingaporeCited for the principle that the standard of care for criminal negligence is the same as that for civil negligence.
Lim Ah Poh v PPHigh CourtYes[1992] 1 SLR 713SingaporeCited for the principle that an appellate court will only disturb the trial judge’s findings of fact when they are plainly wrong or against the weight of the evidence.
PP v Azman bin AbdullahHigh CourtYes[1998] 2 SLR 704SingaporeCited for the principle that an appellate court will only disturb the trial judge’s findings of fact when they are plainly wrong or against the weight of the evidence.
PP v Choo Thiam HockHigh CourtYes[1994] 3 SLR 248SingaporeCited for the principle that when a finding is based not so much upon the demeanour of witnesses but upon inferences made from objective evidence, an appellate court is then in as good a position as the trial court to assess the material.
The “Maloja II”N/AYes[1993] 1 Lloyd’s Rep 48N/ACited for the principle that the Collision Regulations are universally accepted principles of safe navigation that are designed to ensure that, whenever possible, ships will not reach a close-quarters situation in which a risk of collision will arise.
The Teng HeHigh CourtYes[2000] 3 SLR 114SingaporeCited for the principle that certainty of the situation must be the primary objective and optimistic assumptions must be avoided.
Acacia Vera Navigation Co Ltd v Kezia LtdDistrict CourtYes1996 AMC 2592United StatesCited by the appellants to support their contention that the CPA of three cables was safe, but the court disagreed, stating that the calculation of a safe CPA is necessarily dependent on the particular circumstances of the encounter.
Lee Kim Leng v RN/AYes[1964] MLJ 285MalaysiaCited for the test for causation under s 304A of the PC, requiring the death to be the direct result of a rash and negligent act of the accused and that act must have been the proximate and efficient cause without the intervention of another’s negligence.
PP v Joseph Chin SaikoN/AYes[1972] 2 MLJ 129MalaysiaCited for the principle that the rash or negligent act had to be the immediate cause of death and not just a remote cause.
Kurban Hussein Mohamedalli Rangawalla v State of MaharashtraSupreme CourtYesAIR 1965 SC 1616IndiaCited by the appellants to support their case that the chain of causation was broken by the negligence of another party, but the court found the facts distinguishable.
Lee Lai Siew v PPHigh CourtYes[1978] 1 MLJ 259MalaysiaCited by the appellants to support their case that the chain of causation was broken by the negligence of another party, but the court found the facts distinguishable.
The “Miraflores” and the “Abadesa”N/AYes[1967] 1 Lloyd’s Rep 191N/ACited for the principle that a person who embarks on a deliberate act of negligence should, in general, bear a greater degree of fault than one who fails to cope adequately with the resulting crisis which is thus thrust upon him.
Nettleship v WestonEnglish Court of AppealYes[1971] 2 QB 691England and WalesCited for the principle that a learner driver must be held to the same standard of care as that of a reasonably competent driver.
Wilsher v Essex Area Health AuthorityN/AYes[1987] QB 730England and WalesCited for the principle that the duty of care should be tailored not to the actor, but rather to the act which he or she elects to perform.
Woo Sing v RHigh CourtYes[1954] MLJ 200SingaporeCited for the principle that the standard of negligence required in criminal cases was the same as that in civil cases.
Mah Kah Yew v PPHigh CourtYes[1969–1971] SLR 441SingaporeCited for the principle that the standard of negligence required in criminal cases was the same as that in civil cases.
PP v Teo Poh LengHigh CourtYes[1992] 1 SLR 15SingaporeCited for the definition of rashness or negligence.
Adnan bin Khamis v PPN/AYes[1972] 1 MLJ 274MalaysiaCited for the principle that the correct approach is to consider whether a reasonable man in the same circumstances would have been aware of the likelihood of damage or injury to others resulting from such conduct.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 304A Penal Code (Cap 224, 1985 Rev Ed)Singapore
Merchant Shipping Act (Cap 179, 1996 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Collision Regulations
  • Officer-of-the-Watch
  • Trainee OOW
  • Traffic Separation Scheme
  • Closest Point of Approach
  • Causation
  • Negligence
  • Standard of Care

15.2 Keywords

  • collision
  • negligence
  • maritime
  • shipping
  • death
  • Penal Code
  • International Regulations for Preventing Collisions at Sea
  • officer of the watch
  • trainee

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Admiralty and Maritime Law90
Shipping Law85
Offences70
Criminal Procedure60

16. Subjects

  • Criminal Law
  • Maritime Law
  • Negligence
  • Shipping Law