Khian Heng Construction v Public Prosecutor: Damage to Electricity Cable During Earthworks
Khian Heng Construction (Pte) Ltd, the appellant, appealed to the High Court of Singapore against its conviction in the District Court for an offence under s 85(2) of the Electricity Act. The charge related to damage caused to a high voltage electricity cable by its subcontractor, CS Geotechnic Pte Ltd, during piling works at a construction site. The High Court, presided over by Choo Han Teck J, allowed the appeal, finding that the charge was improperly brought against Khian Heng Construction as the damage did not occur during the appellant's own earthworks.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Khian Heng Construction appealed a conviction under the Electricity Act for damage to a high voltage cable. The High Court allowed the appeal, finding the charge improper.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Khian Heng Construction (Pte) Ltd | Appellant | Corporation | Appeal Allowed | Won | Chia Kok Khun, Ho Diana Haven |
| Public Prosecutor | Respondent | Government Agency | Conviction Overturned | Lost | Isaac Tito Shane, Wong Shoou-Huang Jonathan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chia Kok Khun | Wee Swee Teow & Co |
| Ho Diana Haven | Wee Swee Teow & Co |
| Isaac Tito Shane | Tito Isaac & Co LLP |
| Wong Shoou-Huang Jonathan | Tito Isaac & Co LLP |
4. Facts
- Khian Heng Construction was the main contractor for lift upgrading works.
- Khian Heng Construction subcontracted piling works to CS Geotechnic.
- Khian Heng Construction engaged a licensed cable detector worker to ascertain the presence of underlying cables.
- CS Geotechnic damaged a 22 kilovolt high voltage electricity cable during piling works.
- The Energy Market Authority initiated a private prosecution against Khian Heng Construction.
- The District Judge convicted Khian Heng Construction and CS Geotechnic.
- CS Geotechnic did not appeal against the DJ’s decision.
5. Formal Citations
- Khian Heng Construction (Pte) Ltd v Public Prosecutor, Magistrate's Appeal No 118 of 2011/01 (EMA 2 of 2009), [2012] SGHC 141
6. Timeline
| Date | Event |
|---|---|
| High voltage electricity cable damaged | |
| Private prosecution initiated by the Energy Market Authority | |
| Magistrate's Appeal No 118 of 2011/01 (EMA 2 of 2009) | |
| Judgment reserved | |
| Appeal allowed on conviction |
7. Legal Issues
- Improper Charge Under Electricity Act
- Outcome: The court held that the charge under s 85(2) of the Electricity Act was improper as the damage to the cable did not occur during the appellant's earthworks.
- Category: Substantive
- Sub-Issues:
- Interpretation of 'in the course of carrying out any earthworks'
- Application of s 85(2) of the Electricity Act
- Related Cases:
- [1996] 1 SLR(R) 95
8. Remedies Sought
- Appeal against conviction
- Reversal of fine
9. Cause of Actions
- Violation of s 85(2) of the Electricity Act
10. Practice Areas
- Construction Litigation
- Regulatory Compliance
11. Industries
- Construction
- Energy
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Garmaz s/o Pakhar and another v Public Prosecutor | High Court | Yes | [1996] 1 SLR(R) 95 | Singapore | Cited regarding the power of an appellate court to amend a charge under s 256(b) of the CPC and the need to prevent prejudice to the accused. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Electricity Act (Cap 89A, 2002 Rev Ed) s 85(2) | Singapore |
| Electricity Act (Cap 89A, 2002 Rev Ed) s 80(4) | Singapore |
| Electricity Act (Cap 89A, 2002 Rev Ed) s 80(7) | Singapore |
| Electricity Act s 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Earthworks
- High voltage electricity cable
- Electricity Act
- Private prosecution
- Independent contractor
- Continuum of activity
15.2 Keywords
- Electricity cable
- Earthworks
- Construction
- Regulatory offence
- Singapore
- High Court
16. Subjects
- Electricity Act
- Construction
- Regulatory Offences
17. Areas of Law
- Electricity Law
- Construction Law
- Criminal Law
- Regulatory Offences