PP v Quek Chin Choon: Living on Earnings of Prostitution under Women's Charter
Quek Chin Choon was convicted in the District Court on five charges of knowingly living on the earnings of prostitution under s 146(1) of the Women’s Charter. The Public Prosecutor and Quek Chin Choon both appealed. See Kee Oon JC of the High Court of Singapore heard the appeals on 22 December 2014. The High Court dismissed Quek Chin Choon's appeal against conviction and allowed the Public Prosecutor's appeal against sentence, increasing the sentence to four weeks' imprisonment and a $15,000 fine.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Conviction affirmed; sentence increased to four weeks' imprisonment and a $15,000 fine.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Quek Chin Choon was convicted of living on the earnings of prostitution by photographing prostitutes for an adult website. The High Court upheld the conviction and increased the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Sanjna Rai, Nicholas Wuan Kin Lek |
| Quek Chin Choon | Respondent, Appellant | Individual | Conviction Affirmed, Sentence Increased | Lost | Peter Ong Lip Cheng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sanjna Rai | Attorney-General's Chambers |
| Nicholas Wuan Kin Lek | Attorney-General's Chambers |
| Peter Ong Lip Cheng | Templars Law LLC |
4. Facts
- The accused was a freelance photographer.
- The accused took photographs of five women working as prostitutes.
- The photographs were used to advertise the women's services on an adult website.
- The accused received monetary payment from the women for his services.
- The women were initially unable to pay the accused but could after advertising on the website.
- The accused created a website with profiles of the women, including photographs and descriptions of services.
- The accused gave each woman a nickname for the website and posted customer feedback.
5. Formal Citations
- Public Prosecutor v Quek Chin Choon, Magistrate's Appeal No 50 of 2014, [2014] SGHC 268
- Public Prosecutor v Quek Chin Choon, , [2014] SGDC 211
6. Timeline
| Date | Event |
|---|---|
| Judgment reserved | |
| High Court decision |
7. Legal Issues
- Living on Earnings of Prostitution
- Outcome: The court held that the accused lived on the earnings of prostitution by providing photographic and advertising services to prostitutes.
- Category: Substantive
- Related Cases:
- [1997] 2 SLR(R) 716
- [1962] AC 220
- Sentencing for Offences under s 146(1) of the Women’s Charter
- Outcome: The court increased the sentence, considering the misuse of the Internet as an aggravating factor and the systematic nature of the accused's conduct.
- Category: Procedural
- Related Cases:
- [2014] SGHC 186
8. Remedies Sought
- Conviction
- Fine
- Imprisonment
9. Cause of Actions
- Offence under s 146(1) of the Women’s Charter
10. Practice Areas
- Criminal Litigation
11. Industries
- Photography
- Internet Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Liew Kim Choo | High Court | Yes | [1997] 2 SLR(R) 716 | Singapore | Cited for the four major elements that the prosecution had to prove beyond reasonable doubt in order to make out the offence under s 146(1) of the Women’s Charter. |
| Shaw v Director of Public Prosecutions | House of Lords | Yes | [1962] AC 220 | England | Cited for the test of what was to be considered “living on” the earnings of prostitution. |
| Poh Boon Kiat v Public Prosecutor | High Court | Yes | [2014] SGHC 186 | Singapore | Cited for sentencing benchmarks for offences under s 146(1) of the Women’s Charter, but the doctrine of prospective overruling was invoked, so the observations do not apply to the present case. |
| Public Prosecutor v Tang Boon Thiew | District Court | Yes | [2013] SGDC 52 | Singapore | Cited for the principle that using the Internet for criminal purposes brings significant advantages to an offender. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) s 146(1) | Singapore |
| Sexual Offences Act, 1956 (c 69) s 30 | England |
15. Key Terms and Keywords
15.1 Key Terms
- Prostitution
- Earnings of prostitution
- Women's Charter
- Advertising
- Freelance photographer
- Website
- Consultant
- Joint venture
- Parasitically
15.2 Keywords
- prostitution
- earnings
- women's charter
- photographer
- internet
- advertising
16. Subjects
- Criminal Law
- Prostitution
- Internet Crime
17. Areas of Law
- Criminal Law
- Prostitution Law
- Sentencing
- Women's Charter