Public Prosecutor v Ewe Pang Kooi: Criminal Breach of Trust by Agent
In Public Prosecutor v Ewe Pang Kooi, the High Court of Singapore convicted Ewe Pang Kooi on 50 charges of criminal breach of trust under section 409 of the Penal Code. Ewe, acting as a liquidator for 21 companies, receiver for Prem Ramchand Harjani, and manager for Technology Partners International Singapore Branch, misappropriated funds for personal use. The court found that Ewe was entrusted with the funds in his capacity as a professional agent and dishonestly misappropriated them.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Conviction on all 50 charges
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Ewe Pang Kooi was convicted of 50 charges of criminal breach of trust as an agent, misappropriating funds from multiple entities. The High Court found him guilty beyond reasonable doubt.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Hon Yi, Nicholas Khoo Tian Lun |
| Ewe Pang Kooi | Defendant | Individual | Conviction on all charges | Lost | Michael Khoo, Low Miew Yin Josephine, Cleophas James Pfang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hon Yi | Attorney-General’s Chambers |
| Nicholas Khoo Tian Lun | Attorney-General’s Chambers |
| Michael Khoo | Michael Khoo & Partners |
| Low Miew Yin Josephine | Michael Khoo & Partners |
| Cleophas James Pfang | Michael Khoo & Partners |
4. Facts
- Ewe was appointed liquidator for 21 companies.
- Ewe was appointed receiver for the assets of Harjani.
- Ewe was appointed manager for the bank accounts of TPI Singapore Branch.
- Ewe transferred assets from these entities into bank accounts he controlled.
- Ewe used the misappropriated funds for gambling and repaying gambling debts.
- Ewe did not use the funds to pay for the expenses of the companies he managed.
- Ewe misappropriated close to $41 million over 10 years.
5. Formal Citations
- Public Prosecutor v Ewe Pang Kooi, Criminal Case No 53 of 2018, [2019] SGHC 72
6. Timeline
| Date | Event |
|---|---|
| Trial began | |
| Trial continues | |
| Trial continues | |
| Trial continues | |
| Judgment reserved |
7. Legal Issues
- Criminal Breach of Trust
- Outcome: The court found that the defendant committed criminal breach of trust by dishonestly misappropriating funds entrusted to him in his capacity as an agent.
- Category: Substantive
- Sub-Issues:
- Dishonest misappropriation
- Entrustment of property
- Acting as an agent
- Related Cases:
- [2018] 1 SLR 659
- Professional Agent
- Outcome: The court held that the defendant's roles as liquidator, receiver, and manager for bank accounts qualified him as a professional agent.
- Category: Substantive
- Sub-Issues:
- Offering agency services
- Offering services to the community at large
- Receiving remuneration for services
- Related Cases:
- [2018] 1 SLR 659
8. Remedies Sought
- Criminal prosecution
- Imprisonment
- Fine
9. Cause of Actions
- Criminal Breach of Trust
10. Practice Areas
- Criminal Litigation
- White Collar Crime
- Insolvency
- Receivership
11. Industries
- Accounting
- Financial Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Lam Leng Hung and others | Court of Appeal | Yes | [2018] 1 SLR 659 | Singapore | Cited for the definition of 'in the way of his business as an agent' in s 409 of the Penal Code and the definition of a professional agent. |
| Hon Chi Wan Colman v Public Prosecutor | High Court | Yes | [2002] 2 SLR(R) 821 | Singapore | Cited for the principle that a general degree of control over moneys is sufficient to establish dominion. |
| Ong Han Ling and another v American International Assurance Co Ltd and others | High Court | Yes | [2018] 5 SLR 549 | Singapore | Cited for the classic definition of an agent as one authorized to create contractual relations with third parties on behalf of the principal. |
| Then Khek Koon and another v Arjun Permanand Samtani and another and other suits | High Court | Yes | [2014] 1 SLR 245 | Singapore | Cited for the irreducible core of any principal/agent relationship. |
| Public Prosecutor v Tan Cheng Yew | High Court | Yes | [2013] 1 SLR 1095 | Singapore | Cited for the principle that commission of CBT by a person in the performance of his trade would shake the confidence of the public in those trades and impede the ability of persons in such trades to serve the public. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal breach of trust
- Liquidator
- Receiver
- Agent
- Misappropriation
- Entrustment
- Professional agent
- Dominion over property
15.2 Keywords
- Criminal breach of trust
- Agent
- Liquidator
- Receiver
- Singapore
- Conviction
- Misappropriation
16. Subjects
- Criminal Law
- Agency Law
- Insolvency Law
- Corporate Law
17. Areas of Law
- Criminal Law
- Criminal Breach of Trust
- Agency Law
- Insolvency Law