Wang Yuming v Public Prosecutor: Employment of Foreign Workers Act Violation
In Wang Yuming v Public Prosecutor, the High Court of Singapore reviewed the sentence of Wang Yuming, who was convicted of 25 charges under the Employment of Foreign Workers Act for abetting the provision of false information in work permit applications. The High Court, while finding the individual sentences not manifestly excessive, reduced the total term of imprisonment from twelve to eight months, taking into account the nature of the appellant’s involvement and the totality principle. The judgment was delivered on 2011-03-15.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Sentence of imprisonment varied from twelve months to eight months.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Wang Yuming was convicted of violating the Employment of Foreign Workers Act for abetting the provision of false information. The High Court reduced his sentence from 12 to 8 months.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal partially allowed | Partial | Charlene Tay of Deputy Public Prosecutor |
| Wang Yuming | Appellant | Individual | Sentence reduced | Partial | Loh Lin Kok of Loh Lin Kok |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay | Deputy Public Prosecutor |
| Loh Lin Kok | Loh Lin Kok |
4. Facts
- The appellant pleaded guilty to 25 charges under the Employment of Foreign Workers Act.
- The appellant abetted Wang Yingde in furnishing false information to the Controller.
- The false information concerned CPF account details of Singaporeans and Singapore Permanent Residents.
- The appellant used his company premises as a collection point for personal information.
- The appellant was aware that the foreign workforce entitlement was computed based on the number of local workforce employed.
- The declaration in clause 8 of the declaration forms was a material consideration in MOM’s decision to grant work permits.
5. Formal Citations
- Wang Yuming v Public Prosecutor, , [2011] SGHC 59
6. Timeline
| Date | Event |
|---|---|
| Appellant became acquainted with Wang Yingde. | |
| Offence committed. | |
| Offence committed. | |
| Offence committed. | |
| Offence committed. | |
| Offences committed (charges taken into consideration). | |
| Offences committed (charges taken into consideration). | |
| Magistrate's Appeal No 429 of 2010 (DAC 55049-73 of 2010) | |
| Judgment reserved. | |
| Sentence of imprisonment varied. | |
| Sentence of imprisonment varied with effect from this date. |
7. Legal Issues
- Appropriateness of sentence
- Outcome: The High Court found the individual sentences not manifestly excessive but reduced the total term of imprisonment from twelve to eight months.
- Category: Substantive
- Sub-Issues:
- Totality principle
- One-transaction rule
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Contravention of s 22(1)(d) read with s 23(1) of the Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed)
10. Practice Areas
- Criminal Appeals
11. Industries
- Construction
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 |
|---|---|
| Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) s 22(1)(d) | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) s 23(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Employment of Foreign Workers Act
- Foreign workforce entitlement
- CPF account details
- False information
- Work permit applications
- One-transaction rule
- Totality principle
15.2 Keywords
- Employment of Foreign Workers Act
- False Information
- Work Permits
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Employment of Foreign Manpower Act | 90 |
| Criminal Law | 60 |
| Sentencing | 50 |
16. Subjects
- Employment Law
- Criminal Law