Osborn Yap v PP: CDSA Interpretation & Money Laundering of Stolen Property
In the Court of Appeal of Singapore, Osborn Yap Chen Hsiang appealed against his conviction under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA). The court considered whether a secondary offender, who launders proceeds from another person's crime, can be charged under section 47(1) instead of 47(2) of the CDSA. The court acquitted the applicant of the CDSA charges, setting aside the sentences imposed, but upheld the 24-month sentence for the Penal Code offence.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Applicant acquitted of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal clarified the interpretation of the CDSA, specifically regarding primary vs. secondary offenders in money laundering cases. The court acquitted Osborn Yap of CDSA charges.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Lost | Christopher Ong of Attorney-General’s Chambers Nicholas Khoo of Attorney-General’s Chambers Cheng Yuxi of Attorney-General’s Chambers |
| Osborn Yap Chen Hsiang | Applicant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Judith Prakash | Judge of Appeal | No |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Ong | Attorney-General’s Chambers |
| Nicholas Khoo | Attorney-General’s Chambers |
| Cheng Yuxi | Attorney-General’s Chambers |
| Chee Fei Josephine | Rajah & Tann Singapore LLP |
| Thong Chee Kun | Rajah & Tann Singapore LLP |
4. Facts
- The applicant received US$420,000 into his bank account from a HSBC bank account in Bermuda.
- The money was accompanied by a note stating “Condo Apartment Property”.
- The applicant withdrew and transferred various sums of money on five different occasions according to Laura’s instructions.
- The owner of the HSBC Bermuda account discovered that the US$420,000 was transferred out without the owner’s consent.
- The applicant was charged with dishonestly receiving stolen property under s 411 of the Penal Code and dealing with stolen property under s 47(1)(b) of the CDSA.
5. Formal Citations
- Yap Chen Hsiang Osborn v Public Prosecutor, Criminal Reference No 3 of 2018, [2019] SGCA 40
6. Timeline
| Date | Event |
|---|---|
| Applicant met Laura on an online dating website. | |
| Laura asked the applicant for help with remitting money. | |
| Laura requested the applicant receive US$420,000. | |
| Applicant received US$420,000 into his bank account. | |
| Applicant handed S$200,000 in cash to Mary Natha. | |
| Applicant handed S$250,000 in cash to Mary Natha. | |
| Applicant handed S$43,000 in cash to Mary Natha. | |
| Applicant transferred S$5,300 to a Malaysian bank account. | |
| Applicant transferred S$4,200 to a Singapore bank account. | |
| Commercial Affairs Department contacted the applicant. | |
| Laura re-contacted the applicant. | |
| Laura stopped messaging the applicant. | |
| District Judge convicted the applicant on all charges. | |
| Court reframed questions for the present proceedings. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Interpretation of Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
- Outcome: The court held that a secondary offender cannot be charged under section 47(1) of the CDSA.
- Category: Substantive
- Sub-Issues:
- Distinction between primary and secondary offenders
- Application of section 47(1) versus section 47(2)
8. Remedies Sought
- Setting aside the conviction and sentence
9. Cause of Actions
- Dishonestly receiving stolen property
- Dealing with stolen property
10. Practice Areas
- Criminal Litigation
11. Industries
- Financial Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Cheng Bock v Attorney-General | Court of Appeal | Yes | [2017] 2 SLR 850 | Singapore | Cited for the guidelines on statutory interpretation. |
| JD Ltd v Comptroller of Income Tax | Court of Appeal | Yes | [2006] 1 SLR 484 | Singapore | Cited for the principle that the court should endeavour to give significance to every word in an enactment. |
| WBL Corp Ltd v Lew Chee Fai Kevin and another appeal | Court of Appeal | Yes | [2012] 2 SLR 978 | Singapore | Cited to support the conclusion that section 47(1) is targeted at primary offenders while section 47(2) is targeted at secondary offenders. |
| Ang Jeanette v Public Prosecutor | High Court | Yes | [2011] 4 SLR 1 | Singapore | Discussed and distinguished from the present case regarding the charging of a secondary offender under section 47(1). |
| Bowman v Fels (Bar Council and others intervening) | English Court of Appeal | Yes | [2005] 1 WLR 3083 | England | Cited to illustrate that broadly-worded legislative provisions must be interpreted sensibly, in a way which is consistent with Parliamentary intention and which accords with the overall context of the statute as a whole. |
| Public Prosecutor v Osborn Yap Chen Hsiang | District Court | Yes | [2017] SGDC 220 | Singapore | Reference to the District Court's Grounds of Decision. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Drug Trafficking (Confiscation of Benefits) Act (Cap 84A, 1993 Rev Ed) | Singapore |
| Drug Trafficking (Confiscation of Benefits) (Amendment) Act (Act 25 of 1999) | Singapore |
| Corruption (Confiscation of Benefits) Act (Cap 65A, 1990 Ed) | Singapore |
| Proceeds of Crime Act 2002 (c 29) | United Kingdom |
15. Key Terms and Keywords
15.1 Key Terms
- Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
- CDSA
- Money laundering
- Primary offender
- Secondary offender
- Foreign serious offence
- Predicate offence
- Dishonestly receiving stolen property
15.2 Keywords
- CDSA
- Money Laundering
- Criminal Law
- Singapore
- Osborn Yap
- Public Prosecutor
- Statutory Interpretation
17. Areas of Law
16. Subjects
- Criminal Law
- Statutory Interpretation
- Money Laundering