PP v Khor Chong Seng & Han Fang Guang: Misuse of Drugs Act Importation & Trafficking
In [2018] SGHC 219, the High Court of Singapore heard the case of Public Prosecutor v Khor Chong Seng and Han Fang Guang, involving charges under the Misuse of Drugs Act. Khor was charged with importing diamorphine, while Han was charged with attempting to possess diamorphine for trafficking. The court convicted both accused. Khor was sentenced to life imprisonment and 15 strokes of the cane after meeting the requirements for alternative sentencing, while Han received the mandatory death sentence.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Khor Chong Seng sentenced to life imprisonment and 15 strokes of the cane; Han Fang Guang sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Khor Chong Seng and Han Fang Guang were tried for offences under the Misuse of Drugs Act. Khor was convicted of importing diamorphine, while Han was convicted of attempting to possess diamorphine for trafficking.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction of both accused | Won | Lau Wing Yum of Attorney-General’s Chambers Samuel Yap Zong En of Attorney-General’s Chambers |
| Khor Chong Seng | Defendant | Individual | Convicted | Lost | |
| Han Fang Guang | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lau Wing Yum | Attorney-General’s Chambers |
| Samuel Yap Zong En | Attorney-General’s Chambers |
| Wong Siew Hong | Eldan Law LLP |
| Koh Choon Guan Daniel | Eldan Law LLP |
| Dhanaraj James Selvaraj | James Selvaraj LLC |
| James Bahadur Masih | Messrs James Masih & Co |
4. Facts
- Khor was arrested at Woodlands Checkpoint on 2 March 2016 while riding a Malaysian-registered motorcycle.
- CNB officers found seven bundles of controlled drugs hidden in the inner lining of Khor's motorcycle helmets.
- Khor was tasked to deliver the drugs to several recipients and was waiting for instructions from his boss, Lao Ban.
- Han contacted a drug supplier known as Ah Tiong to order drugs.
- Khor received an SMS message from Lao Ban instructing him to deliver one of the bundles to T and collect $3,600.
- Han called Khor and introduced himself as T, arranging to meet at Lorong 7, Toa Payoh.
- CNB officers arrested Han at Block 4, Lorong 7, Toa Payoh, and recovered $3,600 in cash from his pocket.
5. Formal Citations
- Public Prosecutor v Khor Chong Seng and another, Criminal Case No 7 of 2018, [2018] SGHC 219
6. Timeline
| Date | Event |
|---|---|
| Khor arrived at Woodlands Checkpoint and was subjected to a search. | |
| CNB officers recovered seven bundles of controlled drugs from Khor's motorcycle helmets. | |
| Khor was arrested. | |
| Han was arrested at Block 4, Lorong 7, Toa Payoh. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Further arguments heard. | |
| Judgment issued. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found that Khor had the requisite knowledge of the nature and quantity of the drug he had brought into Singapore.
- Category: Substantive
- Sub-Issues:
- Knowledge of the nature of the drug
- Knowledge of the quantity of the drug
- Related Cases:
- [1992] 3 SLR(R) 256
- [2017] 1 SLR 633
- Attempt to Possess Controlled Drugs for Trafficking
- Outcome: The court found that Han intended to possess diamorphine for the purpose of trafficking and had taken sufficient steps towards the commission of the offence.
- Category: Substantive
- Sub-Issues:
- Intention to possess diamorphine
- Intention to traffic in diamorphine
- Steps taken towards commission of the offence
- Related Cases:
- [2014] 3 SLR 721
- [2012] 3 SLR 527
- [1999] 1 SLR(R) 826
- Alternative Sentencing under s 33B of the MDA
- Outcome: The court found that Khor met both requirements under s 33B of the MDA and exercised its discretion to impose the sentence of life imprisonment and the mandatory minimum of 15 strokes of the cane. The court found that Han met neither of the requirements and imposed the mandatory death sentence.
- Category: Procedural
- Sub-Issues:
- Whether the offender is a mere courier
- Whether the Public Prosecutor has issued a certificate of substantive assistance
8. Remedies Sought
- Imprisonment
- Caning
- Death Penalty
9. Cause of Actions
- Importation of Controlled Drugs
- Attempt to Possess Controlled Drugs for Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kwok Chun and another v Public Prosecutor | Court of Appeal | Yes | [1992] 3 SLR(R) 256 | Singapore | Cited for the elements of the offence of importing controlled drugs. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the assessment of an accused’s subjective knowledge of the nature of drugs in their possession. |
| Khor Soon Lee v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 201 | Singapore | Cited as an example of a case where the appellant successfully rebutted the presumption of knowledge under s 18(2) of the MDA, but distinguished on its facts. |
| Public Prosecutor v Muhammad Farid bin Mohd Yusop | Court of Appeal | Yes | [2015] 3 SLR 16 | Singapore | Cited as an example of a case where it was reasonable for the respondent to expect that the weight of the methamphetamine trafficked in was not more than 250g, but distinguished on its facts. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of the primary offence of possession for the purpose of trafficking. |
| Public Prosecutor v Mas Swan Bin Adnan and another appeal | Court of Appeal | Yes | [2012] 3 SLR 527 | Singapore | Cited for the elements of the offence of attempt under s 12 of the MDA. |
| Chua Kian Kok v Public Prosecutor | Court of Appeal | Yes | [1999] 1 SLR(R) 826 | Singapore | Cited for the actus reus to be proved for the general offence of attempt. |
| Ong Ah Chuan v Public Prosecutor | Privy Council | Yes | [1979–1980] SLR(R) 710 | Singapore | Cited for the rationale behind the statutory presumption in s 17(c) of the MDA. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 12 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 258(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) Second Schedule | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2)(a)(i) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1)(a)-(iv) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(4) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 511 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 17(c) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Courier
- Substantive Assistance
- Trafficking
- Woodlands Checkpoint
- Controlled Drugs
- Lao Ban
- Ah Tiong
15.2 Keywords
- Misuse of Drugs Act
- Diamorphine
- Importation
- Trafficking
- Death Penalty
- Life Imprisonment
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Evidence | 40 |
| Criminal Revision | 10 |
| Contract Law | 10 |
16. Subjects
- Criminal Law
- Drug Offences
- Sentencing