Thor Beng Huat v Public Prosecutor: High Court Upholds Restraint Orders Under Corruption, Drug Trafficking Act
In Thor Beng Huat v Public Prosecutor, the High Court of Singapore heard an application by Thor Beng Huat to discharge restraint orders made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. The Public Prosecutor sought to prevent Thor from disposing of assets believed to be derived from criminal conduct. The High Court, Choo Han Teck J presiding, dismissed the application, finding that the court had jurisdiction to make such orders prior to conviction and that there were reasonable grounds to believe the assets were linked to illegal activities. The court found that the applicant's assets were legitimately his.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court upheld restraint orders against Thor Beng Huat under the Corruption, Drug Trafficking and Other Serious Crimes Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Thor Beng Huat | Applicant | Individual | Application dismissed | Lost | Spencer Gwee, Kertar Singh |
| Public Prosecutor | Respondent | Government Agency | Orders upheld | Won | Lee Lit Cheng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Lit Cheng | Public Prosecutor |
| Spencer Gwee | Spencer Gwee & Co |
| Kertar Singh | Kertar & Co |
4. Facts
- Thor Beng Huat applied to discharge orders restraining him from disposing of assets.
- The assets included a Porsche, proceeds from the sale of a Maserati and Lamborghini, and money in bank accounts.
- The orders were made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.
- Thor was informed he could be prosecuted for an offence under s 408 read with s 109 of the Penal Code.
- Investigators believed some of the money from the misappropriation of computer chips was transferred to Thor.
- Thor's income increased significantly between 1998 and 2004.
- Thor purchased three luxury cars within 12 months, costing more than his annual income.
5. Formal Citations
- Re Thor Beng Huat, OS 1155/2006, SUM 2575/2006, [2006] SGHC 166
6. Timeline
| Date | Event |
|---|---|
| Similar orders were made by Tan Lee Meng J | |
| Similar orders were made by Belinda Ang Saw Ean J | |
| Applicant returned to jurisdiction | |
| Public Prosecutor obtained a further extension from Tan J | |
| Injunction order was made ex parte by Kan Ting Chiu J | |
| Application dismissed |
7. Legal Issues
- Jurisdiction to make restraint orders prior to conviction
- Outcome: The court held that it has jurisdiction to make such orders prior to conviction.
- Category: Jurisdictional
- Grounds to discharge restraint orders
- Outcome: The court held that there were insufficient grounds to discharge the orders.
- Category: Substantive
8. Remedies Sought
- Discharge of restraint orders
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap. 68) | Singapore |
| Penal Code, (Cap 224, 1985 Rev Ed) | Singapore |
| s 15 Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
| s 16 Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Restraint order
- Realisable property
- Ex parte application
- Drug trafficking offence
- Serious offence
- Confiscation of benefits
15.2 Keywords
- Restraint order
- Confiscation
- Criminal law
- Singapore
- High Court
16. Subjects
- Criminal Law
- Jurisdiction
- Restraint Orders
17. Areas of Law
- Criminal Law
- Confiscation of Benefits
- Injunctions