Gian Bee Choo v Meng Xianhui: Sham Marriage, Intestate Succession, and CPF Distribution
In Gian Bee Choo and others v Meng Xianhui, the High Court of Singapore, on 31 July 2019, ruled in favor of the plaintiffs, the siblings of the deceased, Mr. Gian Beng Hwee, declaring his marriage to the defendant, Ms. Meng Xianhui, a sham marriage. The court determined that the marriage was solely for the purpose of assisting the defendant in obtaining permanent residency in Singapore and that she is not entitled to inherit the deceased's Central Provident Fund (CPF) moneys and other assets. The plaintiffs sought a declaration that the marriage was a sham and that the deceased's assets should be distributed among his immediate family, excluding the defendant.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Judgment for Plaintiffs
1.3 Case Type
Family
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court declared a marriage a sham, denying the 'wife' inheritance rights. The marriage was deemed a scheme for immigration advantage.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Gian Bee Choo | Plaintiff | Individual | Judgment for Plaintiff | Won | Kelvin Lee Ming Hui, Ong Xin Ying Samantha |
| Gian Lee Keow | Plaintiff | Individual | Judgment for Plaintiff | Won | Kelvin Lee Ming Hui, Ong Xin Ying Samantha |
| McRoy Gian Beng Koon | Plaintiff | Individual | Judgment for Plaintiff | Won | Kelvin Lee Ming Hui, Ong Xin Ying Samantha |
| Gian Beng Hong | Plaintiff | Individual | Judgment for Plaintiff | Won | Kelvin Lee Ming Hui, Ong Xin Ying Samantha |
| Meng Xianhui | Defendant | Individual | Claim Dismissed | Lost | George Reny Margaret, Melvyn Low Kok Keong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kelvin Lee Ming Hui | WNLEX LLC |
| Ong Xin Ying Samantha | WNLEX LLC |
| George Reny Margaret | Belinda Ang Tang & Partners LLC |
| Melvyn Low Kok Keong | Belinda Ang Tang & Partners LLC |
4. Facts
- The deceased and defendant were married on 20 January 2007.
- The plaintiffs are the siblings of the deceased.
- The deceased passed away intestate on 23 December 2017.
- The plaintiffs were unaware of the marriage until the defendant appeared at the funeral.
- The defendant obtained Permanent Residence status on 21 April 2009.
- The deceased continued to live with his mother and sister after the marriage.
- The defendant applied for PR on 6 June 2007.
5. Formal Citations
- Gian Bee Choo and others v Meng Xianhui, Suit No 487 of 2018, [2019] SGHC 179
6. Timeline
| Date | Event |
|---|---|
| Defendant first came to Singapore | |
| Defendant introduced to the Deceased | |
| Marriage solemnised | |
| Defendant applied for Permanent Residence | |
| Defendant obtained Permanent Residence status | |
| Defendant returned to China | |
| Deceased’s mother passed away | |
| Defendant came back to Singapore to renew her Permanent Residence status | |
| Defendant left for China | |
| Deceased sold Potong Pasir flat | |
| Deceased declared a bankrupt | |
| Deceased passed away | |
| Defendant turned up at the Deceased’s funeral wake | |
| Defendant went to the CPF Board | |
| Interim injunction granted to the Plaintiffs | |
| Trial began | |
| Judgment reserved |
7. Legal Issues
- Validity of Marriage
- Outcome: The court held that the marriage was void due to it being an immigration-advantage sham marriage.
- Category: Substantive
- Sub-Issues:
- Sham marriage
- Lawful impediment
- Fraudulent intent
- Intestate Succession
- Outcome: The court held that the defendant was not a 'surviving spouse' and was not entitled to inherit the deceased's estate.
- Category: Substantive
- Sub-Issues:
- Surviving spouse
- Distribution of assets
- Admissibility of Evidence
- Outcome: The court held that the statements were admissible, exercising discretion to cure non-compliance with notice requirements.
- Category: Procedural
- Sub-Issues:
- Hearsay
- Relevance
8. Remedies Sought
- Declaration that the Marriage was a sham marriage
- Declaration that the Deceased’s Central Provident Fund moneys and all his other assets are to be distributed among the Deceased’s immediate family
9. Cause of Actions
- Declaration that the Marriage was a sham marriage
- Declaration that the Deceased’s Central Provident Fund moneys and all his other assets are to be distributed among the Deceased’s immediate family
10. Practice Areas
- Family Law
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Toh Seok Kheng v Huang Huiqun | High Court | Yes | [2011] 1 SLR 737 | Singapore | Cited to define the term 'sham marriage' and its legal implications. |
| Dunbar v Plant | Chancery Division | Yes | [1998] 1 Ch 412 | England and Wales | Cited for the principle that a person cannot gain the right to inherit properties by committing murder (the forfeiture rule). |
| Tan Ah Thee and another (administrators of the estate of Tan Kiam Poh (alias Tan Gna Chua), deceased) v Lim Soo Foong | High Court | Yes | [2009] 3 SLR(R) 957 | Singapore | Cited regarding the validity of a marriage and the grounds on which a marriage may be found void. |
| Soon Ah See and another v Diao Yanmei | High Court | Yes | [2016] 5 SLR 693 | Singapore | Cited regarding the validity of a sham marriage and its effect on CPF nominations. |
| Gimpex Ltd v Unity Holdings Business Ltd and others and another appeal | Court of Appeal | Yes | [2015] 2 SLR 686 | Singapore | Cited regarding the court's discretion to exclude evidence under section 32(3) of the Evidence Act. |
| Tan Yoke Kheng (trading as Niklex Supply Co) v Lek Benedict and others | High Court | Yes | [2005] 3 SLR(R) 263 | Singapore | Cited regarding the standard of proof in a civil case where fraud is alleged. |
| Ochroid Trading Ltd and another v Chua Siok Lui (trading as VIE Import & Export) and another | Court of Appeal | Yes | [2018] 1 SLR 363 | Singapore | Cited regarding the principles of illegality in contract law. |
| UKM v Attorney-General | Court of Appeal | Yes | [2019] 3 SLR 874 | Singapore | Cited regarding the authoritative sources of public policy. |
| Mehra Radhika v Public Prosecutor | High Court | Yes | [2015] 1 SLR 96 | Singapore | Cited regarding the prosecution of sham marriages under the Prevention of Corruption Act and the Immigration Act. |
| Public Prosecutor v Ng Ai Hong | District Court | Yes | [2007] SGDC 68 | Singapore | Cited as a case involving charges under section 5 of the Prevention of Corruption Act. |
| Liu Ying v Public Prosecutor | District Court | Yes | [2007] SGDC 352 | Singapore | Cited as a case involving charges under section 5 of the Prevention of Corruption Act for arranging a marriage of convenience. |
| Public Prosecutor v Jiang Yan | District Court | Yes | [2009] SGDC 348 | Singapore | Cited as an example of a false declaration for the purpose of obtaining an immigration advantage. |
| Hong Weng Shing Andrew @ Liow Andrew v Public Prosecutor | District Court | Yes | [2002] SGDC 83 | Singapore | Cited as an example of false declarations regarding capacity to marry. |
| Lim Ying v Hiok Kian Ming Eric | High Court | Yes | [1991] 2 SLR(R) 525 | Singapore | Cited regarding the definition of sex in marriage. |
| ADP v ADQ | High Court | Yes | [2012] 2 SLR 143 | Singapore | Cited regarding the legal effect of a void marriage. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Intestate Succession Act (Cap 146, 2013 Rev Ed) | Singapore |
| Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) | Singapore |
| Central Provident Fund Act (Cap 36, 2013 Rev Ed) | Singapore |
| Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Prevention of Corruption Act (Cap 241, Rev Ed 1993) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Women’s Charter (Amendment) Bill 2016 (Bill 46 of 2016) | Singapore |
| Immigration (Amendment) Bill 2012 (Bill 16 of 2012) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sham marriage
- Immigration advantage
- Permanent Residence
- Intestate succession
- Central Provident Fund
- Lawful impediment
- Gratification
- Surviving spouse
15.2 Keywords
- Sham marriage
- Intestate succession
- CPF
- Permanent Residence
- Family Law
- Singapore
16. Subjects
- Family Law
- Sham Marriage
- Intestate Succession
- Immigration Law
17. Areas of Law
- Family Law
- Contract Law
- Civil Procedure
- Immigration Law