Ma Wenjie v Public Prosecutor: Passports Act Violation & Sentencing Appeal
Ma Wenjie was convicted in a District Court on 17 charges under s 47(5) of the Passports Act for possessing PRC passports without reasonable excuse. He was sentenced to six months’ imprisonment for each charge, and a global sentence of 12 months’ imprisonment. Ma Wenjie appealed against his conviction and sentence, while the Public Prosecutor appealed against the sentence. The High Court dismissed both appeals, upholding the conviction and sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused’s appeal against conviction and sentence and the Prosecution’s appeal against sentence are dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Ma Wenjie appeals conviction & sentence for possessing PRC passports without reasonable excuse. The court dismisses both his and the prosecution's appeals.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent, Appellant | Government Agency | Appeal against sentence dismissed | Lost | Ang Feng Qian of Attorney-General’s Chambers |
| Ma Wenjie | Appellant, Respondent | Individual | Appeal against conviction and sentence dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ang Feng Qian | Attorney-General’s Chambers |
| Ong Lip Cheng Peter | Chung Ting Fai & Co |
4. Facts
- The Accused was found in possession of 17 PRC passports at Changi Airport.
- The passports were not issued to the Accused.
- The Accused knew the passports were not issued to him.
- The Accused claimed he was bringing the passports into Singapore as a favor for Habibu.
- The Accused did not know the exact purpose of bringing the passports into Singapore.
- The Accused attempted to adduce a letter to show the passports were for visa applications.
- The court found the letter to be fabricated.
5. Formal Citations
- Ma Wenjie v Public Prosecutor and another appeal, , [2018] SGHC 137
- Ma Wenjie v Public Prosecutor, , Magistrate’s Appeal No 9012/2018/01
- Public Prosecutor v Ma Wenjie, , Magistrate’s Appeal No 9012/2018/02
6. Timeline
| Date | Event |
|---|---|
| Accused was found in possession of 17 PRC passports at Changi Airport. | |
| Hearing commenced. | |
| Judgment reserved. |
7. Legal Issues
- Reasonable Excuse under Passports Act
- Outcome: The court held that the Accused did not have a reasonable excuse for possessing the passports.
- Category: Substantive
- Related Cases:
- [2001] 3 SLR(R) 580
- [1998] 3 SLR(R) 172
- [2017] SGDC 311
- [1997] 1 SLR(R) 849
- Sentencing for Passports Act Offences
- Outcome: The court upheld the original sentence of six months’ imprisonment for each charge, with a global sentence of 12 months’ imprisonment.
- Category: Procedural
- Related Cases:
- [2010] SGDC 471
- [2016] SGDC 333
- Burden of Proof for Reasonable Excuse
- Outcome: The court held that the burden of proving a 'reasonable excuse' under s 47(7) of the Passports Act falls on an accused.
- Category: Procedural
- Related Cases:
- [1993] 3 SLR(R) 737
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Violation of Section 47(5) of the Passports Act
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Madiaalakan s/o Muthusamy v PP | High Court | Yes | [2001] 3 SLR(R) 580 | Singapore | Cited for the elements of reasonable excuse. |
| Chan Chun Yee v PP | High Court | Yes | [1998] 3 SLR(R) 172 | Singapore | Cited for the need for objective evidence showing that an accused’s belief in a fact constituting a reasonable excuse was reasonable in the circumstances. |
| R v Chuks Emmanuel Charles | Court of Appeal (Criminal Division) | Yes | [2010] 1 WLR 644 | United Kingdom | Cited regarding the burden of proof. |
| PP v Ma Yuxiang | District Court | Yes | [2017] SGDC 311 | Singapore | Cited for the meaning of 'reasonable excuse' in the context of s 47(7) of the Passports Act. |
| Lim Ghee v PP | High Court | Yes | [1997] 1 SLR(R) 849 | Singapore | Cited for the interpretation of 'reasonable excuse'. |
| South East Asia Firebricks Sdn Bhd v Neo-Metallic Mineral Products Manufacturing Employees Union | Federal Court | Yes | [1975] 2 MLJ 250 | Malaysia | Cited for the definition of 'reasonable excuse'. |
| Re A Solicitor | King's Bench | Yes | [1945] KB 368 | England and Wales | Cited for the meaning of 'reasonable'. |
| Opera House Investment Pty Ltd v Devon Buildings Pty Ltd | High Court | Yes | (1936) 55 CLR 110 | Australia | Cited for the meaning of 'reasonable'. |
| Lim Eng Guan Derek v PP | High Court | Yes | [2004] 1 SLR(R) 221 | Singapore | Cited regarding reasonable excuse in the context of failing to give an adequate breath specimen. |
| R v Lennard | Crown Court | Yes | [1973] 2 ALL ER 831 | England and Wales | Cited regarding the provision of sufficient breath specimens. |
| Cotgrove v Cooney | High Court | Yes | [1987] RTR 124 | England and Wales | Cited regarding the provision of sufficient breath specimens. |
| PP v Kum Chee Cheong | Court of Appeal | Yes | [1993] 3 SLR(R) 737 | Singapore | Cited for the approach to determine on whom the burden of proof lies. |
| Chua Hock Soon James v PP | High Court | Yes | [2017] 5 SLR 997 | Singapore | Cited for the approach to determine on whom the burden of proof lies. |
| Tan Cheng Bock v AG | High Court | Yes | [2017] 2 SLR 850 | Singapore | Cited regarding extraneous material under s 9A(2)(a) of the Interpretation Act. |
| R v Hunt | House of Lords | Yes | [1987] 1 AC 352 | United Kingdom | Cited regarding the construction of legislation to determine where the burden of proof lies. |
| PP v Sulaiman bin Pungot | District Court | Yes | [2010] SGDC 471 | Singapore | Cited as a sentencing precedent for s 47(5) offences. |
| PP v K Ramakrishna Kannusamy | District Court | Yes | [2016] SGDC 333 | Singapore | Cited as a sentencing precedent for s 47(5) offences and factors affecting the sentence. |
| Luong Thi Trang Hoang Kathleen v Public Prosecutor | High Court | Yes | [2010] 1 SLR 707 | Singapore | Cited regarding Parliamentary intent to impose heavy penalties for passport offences. |
| Lim Ying Ying Luciana v PP | High Court | Yes | [2016] 4 SLR 1220 | Singapore | Cited regarding the two principal parameters in evaluating the seriousness of an offence. |
| PP v Koh Thiam Huat | High Court | Yes | [2017] 4 SLR 1099 | Singapore | Cited regarding the two principal parameters in evaluating the seriousness of an offence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Passports Act (Cap 220, 2008 Rev Ed) s 47(5) | Singapore |
| Passports Act (Cap 220, 2008 Rev Ed) s 47(7) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 107 | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 108 | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) s 9A(2)(a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Passports Act
- Reasonable excuse
- Possession of passports
- Burden of proof
- Sentencing
- General deterrence
- Culpability
- Harm
- Visa applications
15.2 Keywords
- Passports Act
- Reasonable excuse
- Criminal Law
- Singapore
- Appeal
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Passports Act | 90 |
| Statutory offences | 80 |
| Criminal Law | 75 |
| Sentencing | 75 |
| Criminal Procedure | 75 |
| Appeals | 75 |
16. Subjects
- Criminal Law
- Immigration Law