Hartung v Public Prosecutor: Promoting Child Sex Tours & Distribution of Information

Michael Frank Hartung, a German national, appealed to the High Court of Singapore against his conviction by the District Judge on two charges under s 376D(1)(c) of the Penal Code for distributing information to undercover officers with the intention of promoting unlawful conduct under s 376C of the Penal Code, specifically, by providing information about child sex tours. The High Court, presided over by Aedit Abdullah J, dismissed the appeal, affirming the conviction and the sentences imposed by the District Judge.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Michael Frank Hartung appeals conviction for promoting child sex tours by distributing information. The court dismissed the appeal, affirming the sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Krystle Chiang of Attorney-General’s Chambers
Ong Yao-Min Andre of Attorney-General’s Chambers
Michael Frank HartungAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Aedit AbdullahJudgeYes

4. Counsels

Counsel NameOrganization
Krystle ChiangAttorney-General’s Chambers
Ong Yao-Min AndreAttorney-General’s Chambers

4. Facts

  1. The Appellant communicated with undercover officers about organizing commercial sex tours with minors.
  2. The Appellant suggested a 3-day tour including a travel guide costing 1500 pesos.
  3. The Appellant discussed arrangements for procuring minors for commercial sex with undercover officers.
  4. The Appellant indicated possible destinations for commercial sex tours involving minors, including the Philippines.
  5. The Appellant provided details on avoiding suspicion and detection during the tours.
  6. The Appellant offered to assist with hotel bookings for the undercover officers and minors.
  7. The Appellant contacted a person in the Philippines to assist in procuring young girls for commercial sex tours.

5. Formal Citations

  1. Hartung, Michael Frank v Public Prosecutor, Magistrate’s Appeal No 9217 of 2019, [2020] SGHC 250

6. Timeline

DateEvent
Meeting between the appellant and undercover police officers regarding a commercial sex tour in the Philippines.
Meeting between the appellant and undercover police officers regarding a commercial sex tour.
Examination-in-chief of Michael Frank Hartung
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Distribution of Information to Promote Unlawful Conduct
    • Outcome: The court held that the appellant's actions constituted distribution of information with the intention to promote unlawful conduct under s 376C of the Penal Code.
    • Category: Substantive
    • Related Cases:
      • [2016] 3 SLR 465
  2. Sentencing Principles
    • Outcome: The court affirmed the sentences imposed by the District Judge, finding them not manifestly excessive.
    • Category: Procedural
    • Related Cases:
      • [2016] 3 SLR 465
      • [2018] 5 SLR 799

8. Remedies Sought

  1. Appeal against conviction and sentence

9. Cause of Actions

  • Distribution of information with the intention of promoting unlawful conduct under s 376C of the Penal Code

10. Practice Areas

  • Criminal Law
  • Sentencing

11. Industries

  • Tourism

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Chun Hong v Public ProsecutorSingapore Court of AppealYes[2016] 3 SLR 465SingaporeCited for the constituent elements of charges under s 376D of the Penal Code and the sentencing framework for offences under s 376D(1)(c) of the Penal Code.
Tay Kim Kuan v Public ProsecutorN/AYes[2001] 2 SLR(R) 876SingaporeCited regarding the legislative intention behind the higher maximum sentence in Singapore for offences under s 376D of the Penal Code.
Tan Cheng Bock v Attorney-GeneralN/AYes[2017] 2 SLR 850SingaporeCited regarding the principles of statutory interpretation and the doctrine of purposive interpretation.
Public Prosecutor v Lam Leng HungN/AYes[2018[ 1 SLR 659SingaporeCited regarding the principles of statutory interpretation and the doctrine of purposive interpretation.
Public Prosecutor v Low Kok HengN/AYes[2007] 4 SLR(R) 183SingaporeCited regarding the maxim of doubtful penalisation.
Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte LtdN/AYes[2016] 4 SLR 604SingaporeCited regarding the maxim of doubtful penalisation.
Law Society of Singapore v Tan Guat Neo PhyllisSingapore Court of AppealYes[2008] 2 SLR(R) 239SingaporeCited for the law on entrapment.
Public Prosecutor v Raveen BalakrishnanN/AYes[2018] 5 SLR 799SingaporeCited regarding the one-transaction rule and totality principle in sentencing.
Lai Oei Mui Jenny v Public ProsecutorN/AYes[1993] 2 SLR(R) 406SingaporeCited regarding the weight to be placed on personal circumstances as mitigating factors in sentencing.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) s 376D(1)(c)Singapore
Penal Code (Cap 224, 2008 Rev Ed) s 376CSingapore
Penal Code (Cap 224, 2008 Rev Ed) s 376BSingapore
New Zealand Crimes Act 1961, s 144C(1)(c)New Zealand

15. Key Terms and Keywords

15.1 Key Terms

  • Child sex tours
  • Undercover officers
  • Distribution of information
  • Commercial sex with minors
  • Entrapment
  • Penal Code
  • Sentencing
  • Promoting unlawful conduct

15.2 Keywords

  • child sex tourism
  • promoting unlawful conduct
  • distribution of information
  • criminal law
  • singapore

17. Areas of Law

Area NameRelevance Score
Sexual Offences95
Criminal Law90
Statutory offences90
Offences90
Criminal Procedure85
Sentencing80

16. Subjects

  • Criminal Law
  • Child Sex Tourism
  • Distribution of Information
  • Sentencing