Gan Too Cheh v PP: Employing Foreign Worker Outside Work Permit Conditions
Gan Too Cheh appealed to the High Court of Singapore against her conviction and sentence for employing a foreign worker, Ponirah Namarja, outside the conditions of her work permit, violating s 5(3) of the Employment of Foreign Workers Act. The Prosecution argued that Gan instructed Ponirah, a domestic worker, to work at her fruit stalls. Gan denied the charges, claiming Ponirah was at the stalls for supervision due to alleged misconduct. The High Court, Yong Pung How CJ, dismissed the appeal, finding Ponirah and the Ministry of Manpower officers credible witnesses and Gan's defense implausible. The court upheld the conviction and sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Gan Too Cheh appealed against her conviction for employing a foreign worker outside the conditions of her work permit. The High Court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment for Respondent | Won | Lee Cheow Han of Deputy Public Prosecutor |
| Gan Too Cheh | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Cheow Han | Deputy Public Prosecutor |
| Julian Tay Wei Loong | Lee and Lee |
4. Facts
- The appellant is a hawker who sells fresh fruits at two adjacent stalls in a wet market.
- The appellant's Indonesian domestic worker was arrested at the fruit stalls by officers from the Ministry of Manpower.
- The appellant was charged with employing the foreign worker outside the conditions of her work permit.
- The prosecution alleged that the appellant instructed the domestic worker to work at the fruit stall as a stall assistant.
- The defense denied that the appellant instructed the domestic worker to work at the fruit stalls.
- The trial judge found the domestic worker and the Ministry of Manpower officers to be truthful witnesses.
- The trial judge found the appellant was not a credible witness.
5. Formal Citations
- Gan Too Cheh v Public Prosecutor, MA 100/2005, [2006] SGHC 23
6. Timeline
| Date | Event |
|---|---|
| Ponirah Namarja began working for the appellant. | |
| Ponirah started assisting at the fruit stalls. | |
| Ponirah's second term of employment began. | |
| Appellant's application for a replacement maid was approved in principle. | |
| Appellant took Ponirah to the maid agency. | |
| Appellant started bringing Ponirah to the fruit stalls daily. | |
| Appellant changed the telephone number of the flat. | |
| Ponirah Namarja was arrested at the fruit stalls. | |
| Appellant made a police report about the nuisance calls. | |
| Case Number MA 100/2005 | |
| Judgment Date |
7. Legal Issues
- Employing a foreign worker outside the conditions of the work permit
- Outcome: The court upheld the conviction for employing a foreign worker outside the conditions of the work permit.
- Category: Substantive
- Assessment of witnesses' credibility and veracity
- Outcome: The court found no reason to overturn the trial judge's assessment of the witnesses' credibility and veracity.
- Category: Procedural
- Related Cases:
- [1992] 1 SLR 713
- [1998] 3 SLR 656
- [2001] 2 SLR 474
- Whether sentence manifestly excessive
- Outcome: The court found that the sentence was not manifestly excessive.
- Category: Procedural
- Related Cases:
- [1999] 4 SLR 111
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Violation of Section 5(3) of the Employment of Foreign Workers Act (Cap 91A)
10. Practice Areas
- Criminal Appeals
- Employment Law
11. Industries
- Retail
- Food and Beverage
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Ah Poh v PP | High Court | Yes | [1992] 1 SLR 713 | Singapore | Cited regarding the principle that findings of fact based on an assessment of witnesses’ credibility and veracity should not be overturned unless they are plainly wrong or against the weight of the evidence. |
| Yap Giau Beng Terence v PP | High Court | Yes | [1998] 3 SLR 656 | Singapore | Cited regarding the principle that findings of fact based on an assessment of witnesses’ credibility and veracity should not be overturned unless they are plainly wrong or against the weight of the evidence. |
| Ang Jwee Herng v PP | High Court | Yes | [2001] 2 SLR 474 | Singapore | Cited regarding the principle that findings of fact based on an assessment of witnesses’ credibility and veracity should not be overturned unless they are plainly wrong or against the weight of the evidence. |
| Ng Kwee Leong v PP | High Court | Yes | [1998] 3 SLR 942 | Singapore | Cited for the principle that even if a witness is found to have lied on a matter, it does not necessarily affect his credibility as a whole. |
| Khoo Kwoon Hain v PP | High Court | Yes | [1995] 2 SLR 767 | Singapore | Cited regarding the burden of proving a lack of motive to falsely implicate the appellant is on the Prosecution, but clarified in Goh Han Heng v PP. |
| Goh Han Heng v PP | High Court | Yes | [2003] 4 SLR 374 | Singapore | Cited to clarify the principle in Khoo Kwoon Hain v PP regarding the burden of proof when the accused alleges the complainant has a motive to falsely implicate him. |
| Kwan Peng Hong v PP | High Court | Yes | [2000] 4 SLR 96 | Singapore | Cited for the principle that the trial court must be extremely cautious in convicting an accused based solely on a complainant’s allegations. |
| Low Lin Lin v PP | High Court | Yes | [2002] 4 SLR 14 | Singapore | Cited for the principle that the court may rely on the evidence of one witness alone provided it is aware of the dangers of doing so and subjects the evidence to close scrutiny before convicting the accused. |
| Yeo Eng Siang v PP | High Court | Yes | [2005] 2 SLR 409 | Singapore | Cited for the principle that the court may rely on the evidence of one witness alone provided it is aware of the dangers of doing so and subjects the evidence to close scrutiny before convicting the accused. |
| Arts Niche Cyber Distribution Pte Ltd v PP | High Court | Yes | [1999] 4 SLR 111 | Singapore | Cited regarding the principle that an appellate court will not interfere with the sentence imposed at first instance unless certain conditions are met. |
| Lewis Christine v PP | High Court | Yes | [2001] 3 SLR 165 | Singapore | Cited regarding the caution against besmirching the repute of prosecution witnesses behind the shield of privilege in judicial proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) s 5(3) | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) s 22(2) | Singapore |
| Immigration Act (Cap 81, 1970 Rev Ed) s 56(1)(e) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Employment of Foreign Workers Act
- Work permit
- Conditions of work permit
- Domestic worker
- Hawker
- Fruit stall
- Ministry of Manpower
- Credibility of witnesses
- Manifestly excessive sentence
15.2 Keywords
- Employment of foreign worker
- Work permit violation
- Criminal appeal
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Employment of Foreign Workers Act | 90 |
| Employment Law | 75 |
| Statutory offences | 70 |
| Criminal Procedure | 65 |
| Sentencing | 65 |
| Appeal | 60 |
| Evidence | 50 |
| Witnesses' credibility and veracity | 40 |
| Finding of fact | 40 |
| Contract Law | 20 |
16. Subjects
- Employment Law
- Criminal Law