Quek Hock Lye v PP: Constitutionality of Misuse of Drugs Act Amendment on Death Penalty
Quek Hock Lye applied to the Court of Appeal of Singapore on 29 January 2015 to set aside his death sentence, arguing that s 27(6) of the Misuse of Drugs (Amendment) Act 2012 is inconsistent with Art 12(1) of the Constitution. Quek was originally convicted of drug trafficking. The Court of Appeal dismissed the application, finding no violation of Art 12(1) as the Amendment Act's classification bears a rational relation to the object of preventing drug addiction.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Application dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Quek Hock Lye's application challenging the constitutionality of the Misuse of Drugs Act amendment regarding the death penalty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Quek Hock Lye | Applicant | Individual | Application dismissed | Lost | Eugene Thuraisingam, Ker Yanguang |
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Francis Ng, Wong Thai Chuan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Thuraisingam | Eugene Thuraisingam |
| Ker Yanguang | Stamford Law Corporation |
| Francis Ng | Attorney General's Chambers |
| Wong Thai Chuan | Attorney General's Chambers |
4. Facts
- Quek Hock Lye was arrested on 3 October 2008 with 62.14g of diamorphine.
- Quek Hock Lye was convicted of engaging in a criminal conspiracy to traffic diamorphine.
- The Misuse of Drugs (Amendment) Act 2012 introduced discretionary sentencing for drug offenses.
- Quek Hock Lye argued the Amendment Act retroactively discriminated against him.
- The Public Prosecutor did not certify that Quek Hock Lye substantively assisted the CNB.
- Quek Hock Lye's appeal against his conviction and sentence was dismissed on 9 April 2012.
5. Formal Citations
- Quek Hock Lye v Public Prosecutor, Criminal Motion No 25 of 2014, [2015] SGCA 7
- Quek Hock Lye v Public Prosecutor, , [2012] 2 SLR 1012
- Public Prosecutor v Phuthita Somchit and another, , [2011] 3 SLR 719
6. Timeline
| Date | Event |
|---|---|
| Quek Hock Lye arrested by Central Narcotics Bureau | |
| High Court convicted Quek Hock Lye | |
| Court of Appeal dismissed Quek Hock Lye's appeal | |
| Parliament passed the Misuse of Drugs (Amendment) Act 2012 | |
| Misuse of Drugs (Amendment) Act 2012 took effect | |
| Quek Hock Lye filed Criminal Motion 25 of 2014 in the Court of Appeal | |
| Quek Hock Lye sought a similar order from the High Court in Criminal Motion No 40 of 2014 | |
| Leave to withdraw Criminal Motion 40 of 2014 was granted by the High Court | |
| Court of Appeal dismissed the application |
7. Legal Issues
- Constitutionality of Retroactive Legislation
- Outcome: The Court held that s 27(6) of the Amendment Act did not violate Art 12(1) of the Constitution, as the classification was based on an intelligible differentia and bore a rational relation to the object of the MDA.
- Category: Constitutional
- Sub-Issues:
- Violation of Article 12(1) of the Constitution
- Unequal treatment under the law
- Related Cases:
- [1979-1980] SLR(R) 710
- [1998] 2 SLR(R) 489
- [2005] 1 SLR(R) 103
- [2010] 3 SLR 489
- [2012] 4 SLR 476
- [2015] 1 SLR(R) 26
- Application of the 'Reasonable Classification' Test
- Outcome: The Court applied the 'reasonable classification' test and found that the requirements in s 33B of the MDA satisfied both limbs of the test.
- Category: Constitutional
- Sub-Issues:
- Intelligible differentia
- Rational relation to the object of the legislation
- Related Cases:
- [1979-1980] SLR(R) 710
- [1998] 2 SLR(R) 489
- [2005] 1 SLR(R) 103
- [2010] 3 SLR 489
- [2012] 4 SLR 476
- [2015] 1 SLR(R) 26
8. Remedies Sought
- Setting aside the death sentence
- Imposition of life imprisonment
9. Cause of Actions
- Violation of Constitutional Rights
- Discrimination
10. Practice Areas
- Criminal Appeals
- Constitutional Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Quek Hock Lye v Public Prosecutor | Court of Appeal | Yes | [2012] 2 SLR 1012 | Singapore | Cited as the decision from which the criminal motion arose, concerning the applicant's appeal against his conviction and sentence for drug trafficking. |
| Public Prosecutor v Phuthita Somchit and another | High Court | Yes | [2011] 3 SLR 719 | Singapore | Cited as the High Court decision where the Applicant was tried and convicted of engaging in a criminal conspiracy to traffic a controlled drug. |
| Yong Vui Kong v Public Prosecutor | Court of Appeal | Yes | [2010] 2 SLR 192 | Singapore | Cited for the principle that the court can reconsider its decision even where an offender has exhausted his right of appeal. |
| Ramalingam Ravinthran v Attorney-General | Court of Appeal | Yes | [2012] 2 SLR 49 | Singapore | Cited as an example where the court heard a criminal motion concerning a constitutional issue in relation to a capital offence, even after the appeal had been dismissed. |
| Public Prosecutor v Taw Cheng Kong | Court of Appeal | Yes | [1998] 2 SLR(R) 489 | Singapore | Cited for the principle that there is a presumption of constitutionality that attaches to validly-enacted legislative provisions. |
| Ong Ah Chuan and another v Public Prosecutor | Court of Criminal Appeal | Yes | [1979-1980] SLR(R) 710 | Singapore | Cited for establishing the 'reasonable classification' test for constitutionality under Art 12(1) of the Constitution. |
| Nguyen Tuong Van v Public Prosecutor | High Court | Yes | [2005] 1 SLR(R) 103 | Singapore | Cited for the 'reasonable classification' test for constitutionality under Art 12(1) of the Constitution. |
| Yong Vui Kong v Public Prosecutor | Court of Appeal | Yes | [2010] 3 SLR 489 | Singapore | Cited for the 'reasonable classification' test for constitutionality under Art 12(1) of the Constitution. |
| Tan Eng Hong v Attorney-General | Court of Appeal | Yes | [2012] 4 SLR 476 | Singapore | Cited for the 'reasonable classification' test for constitutionality under Art 12(1) of the Constitution. |
| Lim Meng Suang and another v Attorney-General and another appeal and another matter | Court of Appeal | Yes | [2015] 1 SLR(R) 26 | Singapore | Cited for the 'reasonable classification' test for constitutionality under Art 12(1) of the Constitution. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33 | Singapore |
| Misuse of Drugs (Amendment) Act 2012 (No 30 of 2012) s 27(6) | Singapore |
| Misuse of Drugs Act s 33B | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 120B | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) Art 12(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Misuse of Drugs Act
- Amendment Act
- Article 12(1)
- Constitutionality
- Reasonable classification
- Intelligible differentia
- Rational relation
- Retroactivity
- Death penalty
- Drug trafficking
- Central Narcotics Bureau
- Certificate of co-operation
15.2 Keywords
- death penalty
- drug trafficking
- constitutionality
- equal protection
- Misuse of Drugs Act
- Singapore law
16. Subjects
- Constitutional Law
- Criminal Law
- Drug Law
17. Areas of Law
- Constitutional Law
- Criminal Law
- Drug Trafficking Law
- Sentencing Law