BQG v Public Prosecutor: Application for Criminal Reference and Disclosure of Witness Statements
BQG applied to the Court of Appeal of the Republic of Singapore for leave to refer a question of law of public interest regarding the Public Prosecutor's obligation to disclose witness statements. The application arose from a High Court decision in HC/CC 40/2019, where the applicant and a co-accused were charged with serious sexual offences. The Court of Appeal, comprising Andrew Phang Boon Leong JCA, Tay Yong Kwang JCA, and Steven Chong JCA, summarily dismissed the application, holding that it lacked jurisdiction because the High Court's decision was not made in its appellate or revisionary jurisdiction.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application summarily dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for criminal reference regarding disclosure of witness statements. The Court of Appeal summarily dismissed the application, citing lack of jurisdiction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application Dismissed | Won | Kumaresan Gohulabalan of Attorney-General’s Chambers Sruthi Boppana of Attorney-General’s Chambers Tay Jia En of Attorney-General’s Chambers |
| BQG | Applicant | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kumaresan Gohulabalan | Attorney-General’s Chambers |
| Sruthi Boppana | Attorney-General’s Chambers |
| Tay Jia En | Attorney-General’s Chambers |
| Wong Siew Hong | Eldan Law LLP |
| Lee Peng Khoon Edwin | Eldan Law LLP |
| Clarence Cheang Wei Ming | Eldan Law LLP |
| Charles Ng | Eldan Law LLP |
4. Facts
- The applicant and a co-accused were charged with serious sexual offences in the High Court.
- Before the trial, the applicant sought disclosure of witness statements of the complainant and her boyfriend.
- The High Court judge refused to grant the motions for disclosure.
- The applicant filed an application seeking leave to refer a question of law of public interest to the Court of Appeal.
- The Public Prosecutor argued that the application should be summarily refused.
- The High Court was exercising its original jurisdiction, not appellate or revisionary jurisdiction.
5. Formal Citations
- BQG v Public Prosecutor, Criminal Motion No 19 of 2021, [2021] SGCA 68
6. Timeline
| Date | Event |
|---|---|
| Charges of serious sexual offences filed in HC/CC 40/2019. | |
| Case Management Conference conducted. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Disclosure of Witness Statements
- Outcome: The court did not rule on the merits of the disclosure issue, as the application was dismissed for lack of jurisdiction.
- Category: Procedural
- Jurisdiction of the Court of Appeal
- Outcome: The Court of Appeal held that it lacked jurisdiction to hear the application because the High Court's decision was not made in its appellate or revisionary jurisdiction.
- Category: Jurisdictional
8. Remedies Sought
- Leave to refer a question of law of public interest to the Court of Appeal
- Direction to the Public Prosecutor to refer the question to the court
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohammad Faizal bin Sabtu and another v Public Prosecutor and another matter | Court of Appeal | Yes | [2013] 2 SLR 141 | Singapore | Cited for the principle that the Court of Appeal can consider a question of law of public interest that would affect the determination of a case before the General Division of the High Court from which there is no further right of appeal. |
| Huang Liping v Public Prosecutor | Court of Appeal | Yes | [2016] 4 SLR 716 | Singapore | Cited for the principle that the Court of Appeal can consider a question of law of public interest that would affect the determination of a case before the General Division of the High Court from which there is no further right of appeal. |
| Tang Keng Lai v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 52 | Singapore | Cited for the principle that the Court of Appeal can consider a question of law of public interest that would affect the determination of a case before the General Division of the High Court from which there is no further right of appeal. |
| Public Prosecutor v Li Weiming and others | Court of Appeal | Yes | [2014] 2 SLR 393 | Singapore | Distinguished as an example of a case where the determination by the Judge has affected the case within the meaning and scope of s 397. |
| Ng Chye Huey and another v Public Prosecutor | Court of Appeal | Yes | [2007] 2 SLR(R) 106 | Singapore | Cited for the principle that the Court of Appeal is a creature of statute and is hence only seised of the jurisdiction that has been conferred upon it by the relevant provisions. |
| Xu Yuanchen v Public Prosecutor and another matter | General Division of the High Court | Yes | [2021] SGHC 64 | Singapore | Cited for the principle that an interlocutory order made in the exercise of original jurisdiction in the course of a criminal matter generally cannot be appealed. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal Procedure Code
- Question of law of public interest
- Disclosure of witness statements
- Original jurisdiction
- Appellate jurisdiction
- Revisionary jurisdiction
- Summary dismissal
- Interlocutory order
15.2 Keywords
- criminal procedure
- criminal reference
- witness statements
- disclosure
- jurisdiction
- court of appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Procedure | 95 |
| Criminal Procedure and Sentencing | 95 |
| Criminal Law | 90 |
| Appeal | 60 |
| Judgments and Orders | 40 |
| Civil Procedure | 30 |
| Penal Code | 30 |
16. Subjects
- Criminal Law
- Criminal Procedure