Carrefour Singapore v Leong Wai Kay: Recovery of Bribes under Prevention of Corruption Act
In Carrefour Singapore Pte Ltd v Leong Wai Kay, the High Court of Singapore addressed the issue of recovering bribes under Section 14(1) of the Prevention of Corruption Act. Carrefour Singapore sued its former facilities manager, Leong Wai Kay, to recover the amount of bribes he had received. The High Court allowed Carrefour's appeal, entering final judgment for Carrefour in the sum of $292,800, holding that the prior criminal penalty imposed on Leong did not bar the civil action to recover the bribe money.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Carrefour Singapore sues former manager Leong Wai Kay to recover bribes under the Prevention of Corruption Act. The court allowed the appeal, holding Leong liable for the bribe amount.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Leong Wai Kay | Defendant, Respondent | Individual | Appeal Dismissed | Lost | |
| Carrefour Singapore Pte Ltd | Plaintiff, Appellant | Corporation | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
4. Facts
- The defendant was the facilities manager of the plaintiff.
- The defendant received bribes from several companies who provided services to the plaintiff.
- The bribes were given in return for awarding contracts to those service providers.
- The defendant pleaded guilty to ten charges of receiving bribes.
- The defendant was sentenced to imprisonment and ordered to pay a penalty of $292,800.
- The defendant paid the penalty of $292,800.
5. Formal Citations
- Carrefour Singapore Pte Ltd v Leong Wai Kay, Suit 422/2005, RA 95/2006, [2006] SGHC 160
6. Timeline
| Date | Event |
|---|---|
| Defendant joined the plaintiff company | |
| Defendant received bribes from several companies | |
| Defendant received bribes from several companies | |
| Defendant's employment was terminated | |
| Defendant pleaded guilty to ten charges of receiving bribes | |
| Judgment issued |
7. Legal Issues
- Recovery of Bribes as Civil Debt
- Outcome: The court held that the defendant remained liable to pay the plaintiff as a civil debt, notwithstanding the penalty already paid in criminal proceedings.
- Category: Substantive
- Double Payment
- Outcome: The court held that there was no double payment because the criminal proceedings are separate and distinct from the civil proceedings.
- Category: Substantive
8. Remedies Sought
- Recovery of the amount of bribes received
9. Cause of Actions
- Civil Debt under s 14(1) of the Prevention of Corruption Act
10. Practice Areas
- Civil Litigation
- Commercial Litigation
11. Industries
- Retail
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Teng Cheow Hing | District Court | Yes | [2005] SGDC 38 | Singapore | Cited by the defendant to argue that the intention of Section 13 of the Prevention of Corruption Act was not to penalise the offender twice over but to disgorge the gratification. |
| T Mahesan v Malaysian Government Officers’ Co-operative Housing Society | Privy Council | Yes | [1978] 1 MLJ 149 | Malaysia | Cited for the proposition that the imposition of a penalty in criminal proceedings of an amount equivalent to the bribes received by the defendant is not a defence barring the plaintiff’s recovery of the civil debt against the defendant under s 14(1) of the Act. |
| Tan Kwang Joo v PP | N/A | Yes | [1989] SLR 496 | Singapore | Cited to support the intent of Section 13 of the Act is to prevent corrupt wrongdoers from keeping or benefiting from the spoils of their crimes. |
| Sumitomo Bank Ltd v Kartika Ratna Thahir | High Court | Yes | [1993] 1 SLR 735 | Singapore | Followed Mahesan v Malaysian Housing Society. |
| Kartika Ratna Thahir v PT Pertambangan Minyak dan Gas Bumi Negara | Court of Appeal | Yes | [1994] 3 SLR 257 | Singapore | Followed Mahesan v Malaysian Housing Society. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 14(1) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(a) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 13 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Gratification
- Bribes
- Civil Debt
- Prevention of Corruption Act
- Facilities Manager
- Penalty
15.2 Keywords
- Corruption
- Bribes
- Civil Debt
- Prevention of Corruption Act
- Carrefour
- Leong Wai Kay
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Prevention of Corruption Act | 95 |
| Agency Law | 40 |
| Contract Law | 30 |
| Fraud and Deceit | 25 |
| Damages | 20 |
16. Subjects
- Corruption
- Debt Recovery
- Agency Law