Ong Beng Leong v Public Prosecutor: Criminal Reference Application & Extension of Time
Ong Beng Leong applied to the High Court of Singapore for a stay of his sentence pending a possible criminal reference to the Court of Appeal, after his appeal against conviction under s 6(c) of the Prevention of Corruption Act was dismissed. The Chief Justice Yong Pung How dismissed the motion, finding no substantial questions of law of public interest to warrant a stay. The court also held that it lacked jurisdiction to extend the filing period for the criminal reference application.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Motion dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for stay of sentence pending criminal reference to the Court of Appeal was dismissed. The court also held that it lacked jurisdiction to extend the filing period.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Motion dismissed | Won | Aaron Lee of Deputy Public Prosecutors Winston Cheng of Deputy Public Prosecutors |
| Ong Beng Leong | Applicant | Individual | Motion dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Aaron Lee | Deputy Public Prosecutors |
| Winston Cheng | Deputy Public Prosecutors |
| Ganga d/o Avadiar | Allen and Gledhill |
| Mimi Oh | Mimi Oh and Associates |
4. Facts
- Ong Beng Leong was convicted on ten charges of using false documents with intent to deceive his principal.
- Ong's appeal against his conviction was dismissed, but his sentence was reduced.
- Ong sought a stay of his sentence pending a possible criminal reference to the Court of Appeal.
- Ong argued that dishonesty is an essential element of the offence under s 6(c) of the PCA.
- Ong contended that the words 'or other documents' in s 6(c) refer only to documents inter partes.
5. Formal Citations
- Ong Beng Leong v Public Prosecutor (No 2), Cr M 1/2005, [2005] SGHC 35
- Ong Beng Leong v PP, , [2005] SGHC 22
- Abdul Salam bin Mohamed Salleh v PP (No 2), , [1990] SLR 301
- Abdul Salam bin Mohamed Salleh v PP, , [1991] SLR 235
- Chan Hiang Leng Colin v PP, , [1995] 1 SLR 687
- PP v Bridges Christopher, , [1998] 1 SLR 162
- Ng Ai Tiong v PP, , [2000] 2 SLR 358
- Abdul Salam bin Mohamed Salleh v PP, , [1990] 3 MLJ 275
- Knight v PP, , [1992] 1 SLR 720
- R v Tweedie, , [1984] QB 729
6. Timeline
| Date | Event |
|---|---|
| Appeal dismissed; sentence reduced to six weeks' imprisonment, commencing 2005-02-11. | |
| Motion filed for stay of sentence pending possible criminal reference. | |
| Application dismissed. |
7. Legal Issues
- Extension of Time to File Criminal Reference
- Outcome: The High Court held that it did not have jurisdiction to grant an extension of time; only the Court of Appeal could do so.
- Category: Procedural
- Stay of Sentence Pending Criminal Reference
- Outcome: The High Court held that the substantive merits of the anticipated application were a relevant consideration and dismissed the application for stay.
- Category: Procedural
- Dishonesty as an Essential Ingredient of s 6(c) PCA
- Outcome: The court rejected the argument that dishonesty is an essential ingredient of the offence under s 6(c) of the PCA.
- Category: Substantive
- Related Cases:
- [1992] 1 SLR 720
- Interpretation of 'or other documents' in s 6(c) PCA
- Outcome: The court affirmed that 'or other documents' refers to inter partes documents.
- Category: Substantive
- Related Cases:
- [1992] 1 SLR 720
- [1984] QB 729
8. Remedies Sought
- Stay of sentence
- Extension of time to file application for criminal reference
9. Cause of Actions
- Offence under s 6(c) of the Prevention of Corruption Act
10. Practice Areas
- Criminal Appeals
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ong Beng Leong v PP | High Court | Yes | [2005] SGHC 22 | Singapore | Related decision to the current motion. |
| Abdul Salam bin Mohamed Salleh v PP (No 2) | High Court | Yes | [1990] SLR 301 | Singapore | Cited for principles governing applications under s 60 of the SCJA. |
| Abdul Salam bin Mohamed Salleh v PP | Court of Appeal | Yes | [1991] SLR 235 | Singapore | Affirmation of the principles governing applications under s 60 of the SCJA. |
| Chan Hiang Leng Colin v PP | High Court | Yes | [1995] 1 SLR 687 | Singapore | Cited for principles governing applications under s 60 of the SCJA. |
| PP v Bridges Christopher | High Court | Yes | [1998] 1 SLR 162 | Singapore | Cited for principles governing applications under s 60 of the SCJA. |
| Ng Ai Tiong v PP | High Court | Yes | [2000] 2 SLR 358 | Singapore | Cited for the principle that discretion under s 60 of the SCJA must be exercised sparingly. |
| Abdul Salam bin Mohamed Salleh v PP | High Court | Yes | [1990] 3 MLJ 275 | Malaysia | Cited for the principle that s 60 of the SCJA is not an ordinary appeal provision. |
| Knight v PP | High Court | Yes | [1992] 1 SLR 720 | Singapore | Cited regarding the element of dishonesty under s 6(c) of the PCA and the interpretation of 'or other documents'. |
| R v Tweedie | Court of Appeal | Yes | [1984] QB 729 | England and Wales | Cited for the interpretation of 'or other documents' in s 6(c) of the PCA. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(c) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 1985 Rev Ed) s 60(1) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) s 60(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal reference
- Stay of sentence
- Extension of time
- Dishonesty
- Inter partes documents
- Prevention of Corruption Act
- Public interest
15.2 Keywords
- Criminal reference
- Stay of sentence
- Supreme Court of Judicature Act
- Prevention of Corruption Act
- Singapore
- High Court
- Court of Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Prevention of Corruption Act | 90 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
| Criminal Revision | 70 |
| Appeal | 70 |
| Statutory Interpretation | 60 |
| Public Prosecutor | 50 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Statutory Interpretation