Public Prosecutor v Tee Fook Boon Andrew: Private Sector Corruption & Bribery in Food Supply Contracts
In Public Prosecutor v Tee Fook Boon Andrew, the High Court of Singapore heard an appeal by the prosecution against the sentence imposed on Tee Fook Boon Andrew for corruptly giving gratification to Leng Kah Poh Chris, the Food Services Manager of IKANO. Tee Fook Boon Andrew, in collaboration with Lim Kim Seng Gary, bribed Leng to secure food supply contracts for his company, AT35 Services, with IKANO. The District Judge had sentenced Tee to one month's imprisonment and a fine of S$15,000 for each of the 12 charges, with four of the imprisonment sentences running consecutively. The High Court allowed the appeal, enhancing Tee's sentence to 40 weeks' imprisonment, finding the original sentence manifestly inadequate.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Tee Fook Boon Andrew bribed Leng Kah Poh Chris to secure food supply contracts with IKANO. The High Court enhanced the sentence to 40 weeks' imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Tan Kiat Pheng, Vala Muthupalaniappan, Grace Goh Chioa Wei |
| Tee Fook Boon Andrew | Respondent | Individual | Sentence Enhanced | Lost | Jason Lim Chen Thor |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Steven Chong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kiat Pheng | Attorney-General's Chambers |
| Vala Muthupalaniappan | Attorney-General's Chambers |
| Grace Goh Chioa Wei | Attorney-General's Chambers |
| Jason Lim Chen Thor | De Souza Lim & Goh LLP |
4. Facts
- The respondent paid bribes totaling S$2,389,322.47 in 80 separate payments.
- The respondent was the sole proprietor of AT35 Services.
- The respondent conspired with Lim Kim Seng Gary to bribe Leng Kah Poh Chris.
- Leng Kah Poh Chris was the Food Services Manager of IKANO.
- The bribes were paid to secure food supply contracts with IKANO.
- IKANO brought a civil claim against the respondent and others for unlawful conspiracy to injure IKANO.
- The respondent paid S$1,000,000 to settle IKANO’s claim.
5. Formal Citations
- Public Prosecutor v Tee Fook Boon Andrew, Magistrate's Appeal No 120 of 2011, [2011] SGHC 192
- PP v Andrew Tee Fook Boon, , [2011] SGDC 211
- Public Prosecutor v Lim Niann Tsyr, , [2007] SGDC 38
6. Timeline
| Date | Event |
|---|---|
| Lim Kim Seng Gary made a proposition to the respondent to enter into a business to provide food supplies to IKANO. | |
| AT35 Services supplied food to IKANO. | |
| Start date of corrupt gratification payments. | |
| Food Royal Trading was set up to take over the supply of dry food items and sauces to IKANO from AT35 Services. | |
| End date of corrupt gratification payments. | |
| Judgment Date |
7. Legal Issues
- Corruption
- Outcome: The court found the respondent guilty of corruption and enhanced his sentence.
- Category: Substantive
- Sub-Issues:
- Payment of gratification
- Breach of duty
- Conflict of interest
- Sentencing
- Outcome: The court found the original sentence manifestly inadequate and enhanced it.
- Category: Procedural
- Sub-Issues:
- General deterrence
- Individual deterrence
- Mitigating factors
- Aggravating factors
- Manifest inadequacy
8. Remedies Sought
- Custodial Sentence
- Fine
- Restitution
9. Cause of Actions
- Corruption
- Breach of Contract
- Unlawful Conspiracy to Injure
10. Practice Areas
- Criminal Litigation
11. Industries
- Food and Beverage
- Retail
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) 684 | Singapore | Cited for the principles governing appellate intervention in sentencing. |
| PP v Siew Boon Loong | Court of Appeal | Yes | [2005] 1 SLR(R) 611 | Singapore | Cited regarding the threshold for appellate intervention based on manifest inadequacy of sentence. |
| Public Prosecutor v Ang Seng Thor | High Court | Yes | [2011] SGHC 134 | Singapore | Cited for the sentencing principles applicable to private sector corruption cases; distinguished on the facts. |
| PP v Kang Hwi Wah | High Court | Yes | [1994] 2 SLR(R) 47 | Singapore | Cited as a sentencing precedent for corruption involving a large bribe amount. |
| Lim Teck Chye v Public Prosecutor | High Court | Yes | [2004] 2 SLR(R) 525 | Singapore | Cited as a sentencing precedent for corruption, noting the impact on public confidence. |
| Public Prosecutor v Eng Heng Chiaw | District Court | Yes | [2005] SGDC 98 | Singapore | Cited as a comparison case for sentencing in corruption, distinguished on the basis that the bribe was rejected. |
| Public Prosecutor v AOM | High Court | Yes | [2011] 2 SLR 1057 | Singapore | Cited for the principle that the totality of the sentence must fit the overall gravity of the offences committed. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 34 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Gratification
- Corruption
- Bribe
- Food supply contract
- General deterrence
- Private sector corruption
15.2 Keywords
- Corruption
- Bribery
- Sentencing
- Criminal Law
- Singapore
- High Court
- Appeal
- Food Supply
- IKANO
- Prevention of Corruption Act
16. Subjects
- Criminal Law
- Corruption
- Sentencing
17. Areas of Law
- Criminal Law
- Corruption Law
- Sentencing