Heng Tze Yong v Public Prosecutor: Corruption Offenses & Sentencing Appeal
Heng Tze Yong, a director of ANM Services Pte Ltd, appealed against a five-week imprisonment sentence imposed by the District Judge for corruptly giving gratification to an agent, contrary to section 6(b) of the Prevention of Corruption Act. Heng Tze Yong pleaded guilty to one charge and had another charge taken into consideration. Chao Hick Tin JA of the High Court allowed the appeal, setting aside the imprisonment term and substituting it with a fine of $35,000, finding the initial sentence manifestly excessive.
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
Heng Tze Yong appealed against a jail sentence for corruption. The High Court allowed the appeal, substituting the jail term with a $35,000 fine.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Lost | Lost | Norman Yew of Attorney-General’s Chambers Tan Khiat Peng of Attorney-General’s Chambers |
| Heng Tze Yong | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Norman Yew | Attorney-General’s Chambers |
| Tan Khiat Peng | Attorney-General’s Chambers |
| Yap En Li | Tan Rajah & Cheah |
| Teo Jun Wei Andre | Tan Rajah & Cheah |
| Sant Singh | Tan Rajah & Cheah |
4. Facts
- Heng Tze Yong was a director of ANM Services Pte Ltd.
- ANM provided semiconductor engineering services, including parts cleaning and HEPA filter supply.
- Heng Tze Yong pleaded guilty to corruptly giving gratification to an agent.
- Ben Ong, a Facility Manager at Micron, received bribes from Heng Tze Yong.
- Heng Tze Yong paid Ben Ong S$7,000 as a bribe.
- The total amount of bribes given was S$10,000.
- The contracts awarded to ANM by Micron were worth S$7,920, US$35,238, S$28,380, US$918 and S$67,980.
- The Appellant did not initiate the bribes.
5. Formal Citations
- Heng Tze Yong v Public Prosecutor, Magistrate’s Appeal No 9214 of 2016, [2017] SGHC 225
- Public Prosecutor v Heng Tze Yong, , [2016] SGDC 291
- Public Prosecutor v Thor Chi Tiong, , [2016] SGDC 167
6. Timeline
| Date | Event |
|---|---|
| Micron awarded a contract for the supply of HEPA filters to ANM. | |
| Micron awarded three contracts for parts cleaning services to ANM. | |
| Micron awarded three contracts for parts cleaning services to ANM. | |
| Ben Ong requested a bribe of S$3,000 from the Appellant. | |
| Micron awarded a contract for the supply of HEPA filters to ANM. | |
| Micron awarded a contract for parts cleaning services to ANM. | |
| Ben Ong requested another bribe of S$7,000 from the Appellant. | |
| Micron awarded three contracts to ANM for the supply of HEPA filters. | |
| Micron awarded three contracts to ANM for the supply of HEPA filters. | |
| Micron awarded a contract to ANM for parts cleaning services. | |
| Micron awarded another contract to ANM for the supply of HEPA filters. | |
| Micron cancelled the contract to ANM for the supply of HEPA filters. | |
| District Judge's decision can be found at Public Prosecutor v Heng Tze Yong [2016] SGDC 291. | |
| Hearing of the appeal. | |
| Decision on appeal delivered. |
7. Legal Issues
- Manifestly Excessive Sentence
- Outcome: The High Court found the sentence of five weeks' imprisonment to be manifestly excessive.
- Category: Substantive
- Custodial Threshold for Corruption Offences
- Outcome: The High Court held that the custodial threshold was not crossed in this case, considering the amount of gratification, the absence of real loss to the principal, and the fact that the Appellant did not initiate the bribes.
- Category: Substantive
- Related Cases:
- [2015] 3 SLR 1166
8. Remedies Sought
- Appeal against sentence
- Substitution of imprisonment with a fine
9. Cause of Actions
- Corruption
10. Practice Areas
- Criminal Litigation
11. Industries
- Semiconductor
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Heng Tze Yong | District Court | Yes | [2016] SGDC 291 | Singapore | The judgment being appealed from. |
| Public Prosecutor v Syed Mostofa Romel | Court of Appeal | Yes | [2015] 3 SLR 1166 | Singapore | Cited for the categories of private sector corruption and the factors to consider when determining if the custodial threshold is crossed. |
| Public Prosecutor v Thor Chi Tiong | District Court | Yes | [2016] SGDC 167 | Singapore | Cited for comparison of sentences in similar corruption cases. |
| Public Prosecutor v Ang Seng Thor | Court of Appeal | Yes | [2011] 4 SLR 217 | Singapore | Cited for the importance of the amount of gratification in determining the proper sentence for corruption offences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
| section 6(b) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Corruption
- Gratification
- Bribe
- Semiconductor
- HEPA filters
- Micron
- ANM Services Pte Ltd
- Custodial threshold
- Manifestly excessive
15.2 Keywords
- Corruption
- Sentencing
- Appeal
- Semiconductor industry
- Bribe
- Gratification
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Prevention of Corruption Act | 95 |
| Sentencing | 90 |
| Criminal Procedure | 80 |
| Criminal Law | 75 |
| Appellate Practice | 60 |
| Administrative Law | 30 |
16. Subjects
- Criminal Law
- Corruption
- Sentencing
- Appeals