Chee Soon Juan v Public Prosecutor: Bankruptcy Act Violation and Attempt to Leave Singapore Without Permission
Chee Soon Juan appealed to the High Court of Singapore against his conviction in the District Court for violating s 131(2) of the Bankruptcy Act by attempting to leave Singapore without the Official Assignee's permission. Choo Han Teck J dismissed the appeal, finding no error in the trial judge's findings of fact or law, and upholding the original 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
Chee Soon Juan appeals conviction for attempting to leave Singapore without permission as a bankrupt. The court dismissed the appeal, upholding the original conviction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment upheld | Won | Leong Wing Tuck of Attorney-General’s Chambers |
| Chee Soon Juan | Appellant | Individual | Appeal Dismissed | Lost | Alfred Dodwell of Alfred Dodwell |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leong Wing Tuck | Attorney-General’s Chambers |
| Alfred Dodwell | Alfred Dodwell |
4. Facts
- The appellant was adjudicated a bankrupt on 10 February 2006.
- The appellant was charged under s 131(2) of the Bankruptcy Act for attempting to leave Singapore without permission.
- The appellant was stopped at the airport on 1 April 2006 and his passport was confiscated.
- The trial judge found that the appellant intended to travel without reasonable grounds to believe he had permission.
- The appellant purchased a flight ticket and presented his passport to immigration authorities.
5. Formal Citations
- Chee Soon Juan v Public Prosecutor, MA 33/2007, [2007] SGHC 155
6. Timeline
| Date | Event |
|---|---|
| Appellant adjudicated a bankrupt | |
| Appellant attempted to leave Singapore | |
| Appellant convicted by the District Court | |
| Appeal dismissed |
7. Legal Issues
- Violation of Bankruptcy Act
- Outcome: The court held that the appellant violated s 131(2) of the Bankruptcy Act.
- Category: Substantive
- Sub-Issues:
- Attempting to leave the country without permission
- Mistaken belief as a valid defense
- Constitutional Violation
- Outcome: The court rejected the appellant's argument that the Official Assignee's protocol breached Article 12 of the Constitution.
- Category: Constitutional
- Attempt to Commit Offence
- Outcome: The court found that the appellant's actions constituted an attempt to leave the country without permission.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction and sentence
9. Cause of Actions
- Violation of Bankruptcy Act s 131(2)
10. Practice Areas
- Criminal Appeals
- Bankruptcy Offences
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 |
|---|---|
| Bankruptcy Act (Cap 20, 2000 Rev Ed) | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Subordinate Courts Act (Cap 321, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Bankruptcy
- Official Assignee
- Permission to leave country
- Attempt to leave
- Mistaken belief
- Article 12
- Constitution of the Republic of Singapore
15.2 Keywords
- Bankruptcy Act
- Attempt to leave Singapore
- Official Assignee
- Criminal Law
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bankruptcy | 90 |
| Criminal Law | 60 |
| Constitutional Law | 40 |
16. Subjects
- Bankruptcy Offences
- Criminal Law
- Constitutional Law