Ng Chee Seng v Professional Engineers Board: Appeal Against Disciplinary Committee's Decision
Ng Chee Seng appealed to the High Court of Singapore against the decision of the Disciplinary Committee of the Professional Engineers Board, Singapore, regarding a breach of the Professional Engineers Act. The Disciplinary Committee found Ng guilty of failing to verify the single line drawings and certificates of fitness for an electrical installation, resulting in a penalty. Chan Seng Onn J dismissed the appeal, finding the Disciplinary Committee's decision was not unsafe, unreasonable, or contrary to the evidence.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Ng Chee Seng appeals against the Disciplinary Committee's decision for breaching the Professional Engineers Act. The appeal was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Chee Seng | Appellant | Individual | Appeal Dismissed | Lost | |
| Professional Engineers Board, Singapore | Respondent | Statutory Board | Appeal Upheld | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Tuck Kiang Benedict | Benedict Chan & Company |
4. Facts
- Ng was appointed as the licensing Licensed Electrical Worker of Dawn Shipping in September 1999.
- Ng signed Certificates of Fitness for Dawn Shipping's electrical installation between 1999 and 2012.
- Ng did not submit updated single line drawings after 1999, as no alterations were made.
- A fatal electrocution occurred at Dawn Shipping in December 2012 due to a missing RCCB.
- Ng was convicted in State Court for causing hurt by a negligent act or omission.
- The Professional Engineers Board appointed an Inquiry Committee after Ng's conviction.
- The Disciplinary Committee found Ng breached the Professional Engineers (Code of Conduct & Ethics) Rules.
5. Formal Citations
- Ng Chee Seng v Professional Engineers Board, Singapore, Tribunal Appeal No 1 of 2021, [2021] SGHC 107
6. Timeline
| Date | Event |
|---|---|
| Ng Chee Seng appointed as the licensing Licensed Electrical Worker of Dawn Shipping. | |
| Ng signed and submitted a single line drawing to the Energy Market Authority. | |
| Ng submitted Certificate of Fitness to the Energy Market Authority. | |
| Ng submitted Certificate of Fitness to the Energy Market Authority. | |
| Fatal electrocution occurred at Dawn Shipping. | |
| Ng was convicted for causing hurt by a negligent act or omission. | |
| Ng was sentenced to a fine of $7,000. | |
| Ng was charged for breach of the Professional Engineers (Code of Conduct & Ethics) Rules. | |
| Disciplinary Committee made a decision against Ng. | |
| Hearing of the appeal. | |
| Ng's appeal was dismissed. | |
| Grounds of decision issued. |
7. Legal Issues
- Breach of Professional Conduct and Ethics
- Outcome: The court found that Ng breached paragraph 2 of Part II of the Schedule to the Professional Engineers (Code of Conduct & Ethics) Rules.
- Category: Substantive
- Sub-Issues:
- Failure to verify single line drawings
- Failure to check certificates of fitness
- Applicability of Professional Engineers (Code of Conduct & Ethics) Rules to Licensed Electrical Workers
- Outcome: The court held that paragraph 2 of Part II of the Schedule to the Professional Engineers (Code of Conduct & Ethics) Rules applies to Licensed Electrical Workers.
- Category: Substantive
- Double Jeopardy
- Outcome: The court held that the doctrine of double jeopardy did not apply because the State Court trial was criminal in nature, while the proceedings before the Disciplinary Committee were disciplinary in nature.
- Category: Procedural
- Rules of Natural Justice
- Outcome: The court held that Ng was not denied a fair hearing and that the Disciplinary Committee did not prejudge the case.
- Category: Procedural
- Sub-Issues:
- Prejudgment
- Fair Hearing
8. Remedies Sought
- Setting aside the Disciplinary Committee's decision
9. Cause of Actions
- Breach of Professional Conduct
- Negligence
10. Practice Areas
- Regulatory Compliance
- Professional Negligence
11. Industries
- Engineering
- Energy
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Ng Chee Meng | State Court | Yes | [2017] SGMC 35 | Singapore | Cited for the facts of the State Court decision regarding Ng's conviction for negligence. |
| Fong Chee Keong v Professional Engineers Board, Singapore | High Court | Yes | [2016] 3 SLR 221 | Singapore | Cited for the threshold for appellate intervention in appeals against decisions of the Disciplinary Committee. |
| Tan Wee Tin and others v Singapore Swimming Club | High Court | Yes | [2017] SGHCR 21 | Singapore | Cited for the principle that double jeopardy does not apply to different proceedings arising from the same facts. |
| Law Society of Singapore v Nathan Edmund | High Court | Yes | [1998] 2 SLR(R) 905 | Singapore | Cited for the principle that double jeopardy does not apply to different proceedings arising from the same facts. |
| Kay Swee Pin v Singapore Island Country Club | High Court | Yes | [2008] 2 SLR(R) 802 | Singapore | Cited for the principle that the duty to act in accordance with natural justice is consonant with a duty to act fairly. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Professional Engineers Act (Cap 253) | Singapore |
| s 31(H) of the Professional Engineers Act (Cap 253, 1992 Rev Ed) | Singapore |
| s 31G(1)(c) of the Professional Engineers Act | Singapore |
| s 31G(2)(c) of the Professional Engineers Act | Singapore |
| s 31G(3) of the Professional Engineers Act | Singapore |
| s 22 of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 31H(3) of the Professional Engineers Act | Singapore |
| s 29(6)(b) of the Professional Engineers Act | Singapore |
| s 29(6)(c) of the Professional Engineers Act | Singapore |
| s 31B(1)(c) of the Professional Engineers Act | Singapore |
| s 83(3) of the Electricity Act (Cap 89A, 2002 Rev Ed) | Singapore |
| s 10 of the Professional Engineers Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Licensed Electrical Worker
- Single Line Drawing
- Certificate of Fitness
- Residual Current Circuit Breaker
- Professional Engineers Act
- Disciplinary Committee
- Electrical Installation
- Negligence
- Professional Conduct
- Double Jeopardy
- Natural Justice
15.2 Keywords
- Professional Engineer
- Disciplinary Committee
- Electrical Installation
- Licensed Electrical Worker
- Single Line Drawing
- Certificate of Fitness
- Negligence
- Singapore
- Regulatory Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Professional Engineering Conduct | 80 |
| Legal Ethics and Professional Responsibility | 75 |
| Professional Liability | 75 |
| Administrative Law | 50 |
| Criminal Law | 30 |
| Civil Procedure | 20 |
16. Subjects
- Engineering Ethics
- Professional Responsibility
- Regulatory Appeals