Teo Chu Ha v Public Prosecutor: Corruption & CDSA Offences in Seagate Tender Case
In Teo Chu Ha @ Henry Teo v Public Prosecutor, the High Court of Singapore heard appeals against conviction and sentence for Henry Teo and Judy Teo, who were convicted of 50 charges under the Prevention of Corruption Act and one charge under the Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act. The charges stemmed from a conspiracy to receive gratifications from Shanghai Long-Distance Transportation Co and Feili International Transport Co Ltd in exchange for assisting them in securing logistics provider contracts with Seagate. The High Court dismissed the appeals against conviction but partially allowed the appeals against sentence, adjusting the aggregate imprisonment terms to 84 months for Henry and 56 months for Judy.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal dismissed in part. Sentences adjusted to 84 months for Henry and 56 months for Judy.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Henry and Judy Teo were convicted of corruption and CDSA offences related to Seagate tenders, involving over S$2 million in gratifications.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent, Appellant, Applicant | Government Agency | Appeal allowed in part | Partial | Jiang Ke-Yue of Attorney-General’s Chambers David Menon of Attorney-General’s Chambers Ang Siok Chen of Attorney-General’s Chambers Ong Xin Jie of Attorney-General’s Chambers Grace Lim of Attorney-General’s Chambers |
| Teo Chu Ha @ Henry Teo | Appellant, Respondent | Individual | Appeal dismissed in part | Partial | |
| Judy Teo Suya Bik | Appellant, Respondent | Individual | Appeal dismissed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jiang Ke-Yue | Attorney-General’s Chambers |
| David Menon | Attorney-General’s Chambers |
| Ang Siok Chen | Attorney-General’s Chambers |
| Ong Xin Jie | Attorney-General’s Chambers |
| Grace Lim | Attorney-General’s Chambers |
| Too Xing Ji | BMS Law LLC |
| Bachoo Mohan Singh | BMS Law LLC |
4. Facts
- Henry was Senior Director of Logistics at Seagate and a member of tender committees.
- Judy was employed by Twin Palms Sdn Bhd and provided consultation services.
- SLT and Feili paid moneys into Joseph's BOC Account pursuant to agreements with Twin Palms.
- Henry provided Judy with Seagate's confidential information.
- Judy used this information to assist SLT and Feili to secure contracts.
- Henry and Judy conspired to withdraw S$703,480 to fund the purchase of a condominium.
- The Property was purchased in Judy’s name in 2012.
5. Formal Citations
- Teo Chu Ha (alias Henry Teo) v Public Prosecutor and other appeals, , [2023] SGHC 130
6. Timeline
| Date | Event |
|---|---|
| Henry joined Seagate Technology International | |
| Judy was based in Shanghai and employed by Twin Palms Sdn Bhd | |
| Seagate held a tender for transportation services | |
| SLT and Feili signed agreements with Twin Palms | |
| 2006 Tender Contracts were signed | |
| SLT and Feili began paying moneys into Joseph’s BOC Account | |
| Henry and Judy conspired to withdraw S$703,480 to purchase a condominium unit | |
| Seagate held the 2009 Tender | |
| 2009 Tender Contracts were effective | |
| SLT and Feili stopped paying moneys into Joseph’s BOC Account | |
| Henry was investigated for offences under the PCA | |
| Judgment reserved |
7. Legal Issues
- Jurisdiction
- Outcome: The court held that it had jurisdiction to try the PCA and CDSA Charges.
- Category: Jurisdictional
- Admissibility of Evidence
- Outcome: The court held that the BOC Statements were admissible under s 8(3) of the MACMA read with s 32(1)(b)(iv) of the EA.
- Category: Procedural
- Criminal Conspiracy
- Outcome: The court found that Henry and Judy conspired for Judy to corruptly receive gratification from SLT and Feili.
- Category: Substantive
- Money Laundering
- Outcome: The court found that Henry and Judy conspired for Henry to assist Judy to retain her benefits from criminal conduct.
- Category: Substantive
- Sentencing
- Outcome: The court adjusted the sentences imposed by the District Judge, considering aggravating and mitigating factors.
- Category: Procedural
8. Remedies Sought
- Imprisonment
- Penalty
9. Cause of Actions
- Corruption
- Money Laundering
10. Practice Areas
- Criminal Law
- Corruption
- Money Laundering
11. Industries
- Technology
- Logistics
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Goh Ngak Eng v Public Prosecutor | High Court | Yes | [2022] SGHC 254 | Singapore | Discusses the sentencing framework for offences under s 6 of the PCA and its applicability to s 5 offences. |
| Yap Chen Hsiang Osborn v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 319 | Singapore | Interprets s 47(1) of the CDSA regarding secondary offenders and the laundering of proceeds. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Outlines the appellate court's role in reassessing evidence in criminal appeals. |
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Sets out the principles for appellate intervention in sentencing decisions. |
| Public Prosecutor v Taw Cheng Kong | Court of Appeal | Yes | [1998] 2 SLR(R) 489 | Singapore | Explains the wide ambit of s 37(1) of the PCA regarding extra-territorial jurisdiction. |
| Wong Yuh Lan v Public Prosecutor and other matters | High Court | Yes | [2012] 4 SLR 845 | Singapore | Discusses the justification for ss 108A and 108B of the Penal Code in addressing the internationalisation of crime. |
| Tan Seng Kee v Attorney-General and other appeals | Court of Appeal | Yes | [2022] 1 SLR 1347 | Singapore | Reiterates the legislative object of the PCA in controlling and suppressing corruption, including extra-territorial corruption. |
| Tan Cheng Bock v Attorney-General | Court of Appeal | Yes | [2017] 2 SLR 850 | Singapore | Sets out the principles of purposive interpretation of legislative provisions. |
| Ang Jeanette v Public Prosecutor | Court of Appeal | Yes | [2011] 4 SLR 1 | Singapore | Explains the elements of an offence under s 44(1)(a) of the CDSA and the legislative history behind it. |
| WBL Corp Ltd v Lew Chee Fai Kevin and another appeal | Court of Appeal | Yes | [2012] 2 SLR 978 | Singapore | States that the purpose of the CDSA is to prevent ill-gotten gains from being laundered into other property so as to avoid detection. |
| Public Prosecutor v Choi Guo Hong Edward | High Court | Yes | [2007] 1 SLR(R) 712 | Singapore | Clarifies the meaning of 'offence' in s 109 of the Penal Code. |
| Esben Finance Ltd and others v Wong Hou-Lianq Neil | Court of Appeal | Yes | [2021] 3 SLR 82 | Singapore | Explains the requirements for admissibility of statements made in the ordinary course of business under s 32(1)(b) of the EA. |
| Gimpex Ltd v Unity Holdings Business Ltd and others and another appeal | Court of Appeal | Yes | [2015] 2 SLR 686 | Singapore | Discusses the amendment to s 32(1)(b) of the EA to facilitate the admission of business records. |
| BSD v Attorney-General and other matters | High Court | Yes | [2019] SGHC 118 | Singapore | States that the purpose of the MACMA is to facilitate international assistance in criminal matters. |
| Toh Eng Tiah v Jiang Angelina and another appeal | Court of Appeal | Yes | [2021] 1 SLR 1176 | Singapore | Explains that an allegation of a sham goes to the very existence of the contract and, therefore, ss 93 and 94 of the EA do not apply. |
| Snook v London and West Riding Investments Ltd | Queen's Bench | Yes | [1967] 2 QB 786 | England and Wales | Defines a 'sham' agreement as one intended to give the appearance of creating legal rights and obligations different from the actual intent. |
| Abdul Aziz bin Mohamed Hanib v Public Prosecutor and other appeals | High Court | Yes | [2022] SGHC 101 | Singapore | Sets out the elements of an offence under s 5 of the PCA. |
| Tey Tsun Hang v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 1189 | Singapore | Explains the elements of an offence under s 5 of the PCA, including the objective corrupt element and guilty knowledge. |
| Chai Chien Wei Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 3 SLR(R) 619 | Singapore | Defines the essential elements of abetment by conspiracy. |
| R v Anwoir | Court of Appeal | Yes | [2009] 1 WLR 980 | England and Wales | Concerns s 328(1) of the Proceeds of Crime Act 2002 (UK POCA) and arrangements regarding criminal property. |
| R v W(N) | Court of Appeal | Yes | [2009] 1 WLR 965 | England and Wales | Concerns s 328 of the UK POCA and the prosecution of individuals involved in criminal conduct. |
| Huang Ying-Chun v Public Prosecutor | Court of Appeal | Yes | [2019] 3 SLR 606 | Singapore | Sets out the sentencing framework for offences under s 44(1)(a) of the CDSA involving the laundering of cash proceeds. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Discusses the application of the totality principle in sentencing. |
| Public Prosecutor v Syed Mostofa Romel | Court of Appeal | Yes | [2015] 3 SLR 1166 | Singapore | Discusses the significance of the amount of gratification in corruption offences. |
| Public Prosecutor v Ang Seng Thor | Court of Appeal | Yes | [2011] 4 SLR 217 | Singapore | States that a significant amount of gratification presumptively indicates a greater subversion of the public interest. |
| Logachev Vladislav v Public Prosecutor | Court of Appeal | Yes | [2018] 4 SLR 609 | Singapore | Highlights that the degree of premeditation and sophistication is a relevant factor in sentencing. |
| Public Prosecutor v Wong Chee Meng and another appeal | Court of Appeal | Yes | [2020] 5 SLR 807 | Singapore | States that tender rigging is objectionable even if there is no direct monetary harm. |
| Zhao Zhipeng v Public Prosecutor | Court of Appeal | Yes | [2008] 4 SLR(R) 879 | Singapore | States that selfish motives are relevant to the assessment of culpability in sentencing. |
| Song Meng Choon Andrew v Public Prosecutor | Court of Appeal | Yes | [2015] 4 SLR 1090 | Singapore | Discusses the relationship between s 5 and s 6 of the PCA and the relevance of sentencing precedents under both sections. |
| Public Prosecutor v Tan Kok Ming Michael and other appeals | Court of Appeal | Yes | [2019] 5 SLR 926 | Singapore | Discusses the relationship between s 5 and s 6 of the PCA and the relevance of sentencing precedents under both sections. |
| Public Prosecutor v Marzuki bin Ahmad and another appeal | Court of Appeal | Yes | [2014] 4 SLR 623 | Singapore | Discusses the factors relevant to sentencing for offences under s 6(a) of the PCA. |
| Chan Kum Hong Randy v Public Prosecutor | Court of Appeal | Yes | [2008] 2 SLR(R) 1019 | Singapore | States that a reduction of sentence was necessary to account for the prejudice caused to Henry and Judy due to delay. |
| Yap Ah Lai v Public Prosecutor | Court of Appeal | Yes | [2014] 3 SLR 180 | Singapore | States that there is no general principle that the advanced age of an offender is always mitigating. |
| Public Prosecutor v Boon Kiah Kin | Court of Appeal | Yes | [1993] 2 SLR(R) 26 | Singapore | States that the antecedents are for similar offences and reflect a recalcitrance on his part. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Gratification
- Confidential Information
- Tender
- Conspiracy
- Benefits of Criminal Conduct
- Mutual Legal Assistance
- Attachment Order
- Senior Director of Logistics
- Logistics Provider Contracts
- Twin Palms Sdn Bhd
15.2 Keywords
- Corruption
- Money Laundering
- Seagate
- Tender
- Singapore
- Criminal Law
- CDSA
- PCA
17. Areas of Law
16. Subjects
- Criminal Law
- Corruption
- Money Laundering
- Evidence
- Sentencing