PP v Lim Choon Hong: Appeal Against Sentence for Ill-Treatment of Foreign Domestic Worker
The Public Prosecutor appealed against the sentences imposed on Lim Choon Hong and Chong Sui Foon by the District Judge for ill-treating their foreign domestic worker. Lim Choon Hong and Chong Sui Foon pleaded guilty to a single charge under s 22(1)(a) of the Employment of Foreign Manpower Act. The High Court allowed the appeal, finding the original sentences manifestly inadequate, and imposed a term of imprisonment of ten months on each of the respondents.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal allowed. The sentences imposed by the District Judge were set aside, and a term of imprisonment of ten months was imposed on each of the respondents.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal by Public Prosecutor against sentence for Lim Choon Hong and Chong Sui Foon for ill-treating their foreign domestic worker.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Applicant | Government Agency | Appeal Allowed | Won | Sellakumaran s/o Sellamuthoo of Attorney-General’s Chambers Crystal Tan Yan Shi of Attorney-General’s Chambers |
| Lim Choon Hong | Respondent | Individual | Sentence Increased | Lost | |
| Chong Sui Foon | Respondent | Individual | Sentence Increased | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sellakumaran s/o Sellamuthoo | Attorney-General’s Chambers |
| Crystal Tan Yan Shi | Attorney-General’s Chambers |
| Sukhmit Singh | Damodara Hazra LLP |
| Suresh Damodara | Damodara Hazra LLP |
4. Facts
- The respondents, Lim Choon Hong and Chong Sui Foon, pleaded guilty to a charge under s 22(1)(a) of the EFMA for contravening a condition of the work pass.
- The condition breached was the employer's responsibility for the upkeep and maintenance of the foreign employee, including the provision of adequate food.
- The victim was systematically deprived of sufficient food and food of sufficient nutritional value over a period of 15 months.
- As a consequence, the victim lost about 40% of her body weight, going from a weight of 49kg to a weight of just 29kg.
- The victim's Body Mass Index went from 24.3 to 14.4, indicating she was grossly undernourished.
- The victim was fed a fixed number of slices of bread and packets of instant noodles at two specified times of the day.
- The respondents and other family members were spared any such deprivation.
5. Formal Citations
- Public Prosecutor v Lim Choon Hong and another, Magistrates Appeals’ Nos 9103 and 9104 of 2017, [2017] SGHC 237
6. Timeline
| Date | Event |
|---|---|
| Judgment delivered |
7. Legal Issues
- Adequacy of Sentence for Ill-Treatment of Foreign Domestic Worker
- Outcome: The High Court found the original sentences manifestly inadequate and increased the sentences for both respondents.
- Category: Substantive
8. Remedies Sought
- Increased Sentence
9. Cause of Actions
- Breach of Employment of Foreign Manpower Act
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ADF v Public Prosecutor | Court of Appeal | Yes | [2010] 1 SLR 874 | Singapore | Cited for the principle that deterrence and retribution take precedence in cases of domestic maid abuse due to their vulnerable status. |
| Janardana Jayasankarr v Public Prosecutor | High Court | Yes | [2016] 4 SLR 1288 | Singapore | Cited for the reasons why domestic helpers are particularly vulnerable to abuse by their employers and their immediate family members. |
| Seng Foo Building Construction Pte Ltd v Public Prosecutor | High Court | Yes | [2017] 3 SLR 201 | Singapore | Cited to explain that while strict liability might displace the need to establish any mental state for the purpose of securing a conviction, the culpability of the offender remains relevant in assessing the gravity of the offence and the appropriate sentence that is to be imposed. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed) s 22(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 73 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Foreign domestic worker
- Ill-treatment
- Adequate nutrition
- Vulnerable victim
- Deterrence
- Retribution
- Strict liability
- Culpability
15.2 Keywords
- Foreign domestic worker
- Abuse
- Malnutrition
- Employment of Foreign Manpower Act
- Sentencing Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Domestic Maid Abuse | 90 |
| Employment of Foreign Manpower Act | 80 |
| Sentencing | 75 |
| Employment Law | 60 |
| Criminal Law | 50 |
| Civil Procedure | 30 |
16. Subjects
- Criminal Law
- Employment Law
- Sentencing