Tee Kok Boon v Public Prosecutor: Criminal Revision of District Court Decision

Tee Kok Boon applied to the High Court of Singapore on 30 March 2006 for criminal revision of his conviction in the District Court for giving false evidence. The High Court, presided over by Tay Yong Kwang J, dismissed the application on 25 August 2006, holding that it lacked the jurisdiction to exercise revisionary powers over a decision of the subordinate court which had already been upheld on appeal by the High Court. The applicant's allegations concerning the competence of his counsel were also noted but not addressed in the context of the revision application.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Criminal revision application by Tee Kok Boon against his conviction. The High Court held it lacked jurisdiction to review a decision already upheld on appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication dismissedWon
Hay Hung Chun of Deputy Public Prosecutor
Tee Kok BoonApplicantIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Hay Hung ChunDeputy Public Prosecutor

4. Facts

  1. The applicant was convicted of giving false evidence in a judicial proceeding before the Small Claims Tribunal.
  2. The applicant testified that he witnessed Heng Siew Ang sign a Letter of Undertaking.
  3. Heng Siew Ang denied signing the Letter of Undertaking.
  4. The applicant later stated he believed the letter of undertaking was not signed in his presence.
  5. The applicant appealed his conviction and sentence, but the appeal was dismissed by the High Court.
  6. The applicant filed a criminal motion to the Court of Appeal for an extension of time to refer questions of law, which was dismissed.
  7. The applicant then filed the present application for criminal revision.

5. Formal Citations

  1. Tee Kok Boon v Public Prosecutor, Cr Rev 8/2006, [2006] SGHC 157

6. Timeline

DateEvent
False evidence given at Small Claims Tribunal
False evidence given at Small Claims Tribunal
Applicant convicted by District Judge Abdul Rahim bin Jalil
High Court hearing of Magistrate’s Appeal No 167 of 2005
Criminal Motion No 5 of 2006 filed
Application for criminal revision filed
First appearance of applicant before High Court
Resumed hearing; application dismissed
Decision Date

7. Legal Issues

  1. Jurisdiction of High Court to exercise revisionary powers
    • Outcome: The High Court held that it lacked jurisdiction to exercise revisionary powers over a decision of the subordinate court which had already been upheld on appeal by the High Court.
    • Category: Jurisdictional

8. Remedies Sought

  1. Criminal Revision of Conviction

9. Cause of Actions

  • Criminal Revision

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Bright Impex v PPHigh CourtYes[1998] 3 SLR 405SingaporeCited for the principle that the High Court does not have the power to exercise its powers of criminal revision over a decision of the subordinate court which had already been upheld on appeal by the High Court.
Wong Hong Toy v PPCourt of Criminal AppealYes[1994] 2 SLR 396SingaporeCited for the principle that the Court of Appeal does not have powers of judicial review over the High Court.
Koh Zhan Quan Tony v PPCourt of AppealYes[2006] 2 SLR 830SingaporeCited for the principle that the Court of Appeal cannot reopen or review the merits of a case already decided by it.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed)Singapore
Criminal Procedure Code (Cap 68, 1985 Rev Ed)Singapore
Penal Code, Chapter 224Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Criminal revision
  • Judicial review
  • Subordinate court
  • High Court
  • Jurisdiction
  • Functus officio

15.2 Keywords

  • Criminal revision
  • Jurisdiction
  • High Court
  • Singapore
  • False evidence

17. Areas of Law

16. Subjects

  • Criminal Law
  • Civil Procedure