Vang Shuiming v Public Prosecutor: Criminal Revision for Bail Application

Vang Shuiming applied to the High Court of Singapore for a criminal revision to overturn the District Court's denial of bail. Vang faces charges under the Penal Code and the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. The High Court, presided over by Justice Vincent Hoong, dismissed the application on 12 October 2023, finding no serious injustice in the lower court's decision, citing concerns about flight risk and potential collusion.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Application dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed Vang Shuiming's criminal revision for bail, finding no serious injustice in the District Court's denial. The court cited flight risk and potential collusion.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication DismissedWon
David Koh of Attorney-General’s Chambers
Vang ShuimingApplicantIndividualApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Vincent HoongJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
David KohAttorney-General’s Chambers
Wong Hin Pkin WendellDrew & Napier LLC
Andrew Chua RuimingDrew & Napier LLC
Dorothy Grace Tan Jun WenDrew & Napier LLC
Yang XinyanDrew & Napier LLC

4. Facts

  1. The Applicant faces charges under the Penal Code and the CDSA.
  2. The Applicant was arrested on 15 August 2023 for money-laundering and forgery offences.
  3. The District Court denied the Applicant bail on 29 September 2023.
  4. The Applicant holds multiple passports from different countries.
  5. The Applicant has significant assets outside of Singapore.
  6. There has been movement of substantial cryptocurrency assets belonging to the Applicant after his arrest.
  7. The Applicant has connections to individuals wanted by the police.

5. Formal Citations

  1. Vang Shuiming v Public Prosecutor, Criminal Revision No 6 of 2023, [2023] SGHC 289

6. Timeline

DateEvent
Arrest made
Remanded for investigations
Further remanded for investigations
Criminal Revision No 4 of 2023 filed
Further remanded for investigations
Criminal Revision No 4 of 2023 dismissed
Bail refused in District Court
Bail review hearing held; bail denied
Judgment issued

7. Legal Issues

  1. Granting of Bail
    • Outcome: The court held that the threshold of serious injustice had not been met and dismissed the application for bail.
    • Category: Procedural
    • Sub-Issues:
      • Flight risk
      • Risk of collusion
      • Sufficiency of restrictive bail conditions
    • Related Cases:
      • [2022] SGHC 287
      • [2015] 2 SLR 78
  2. High Court's Revisionary Powers
    • Outcome: The court determined that the District Judge's decision was not palpably wrong and did not cause serious injustice, thus not warranting the exercise of revisionary powers.
    • Category: Procedural
    • Sub-Issues:
      • Serious injustice
      • Palpably wrong decision
    • Related Cases:
      • [1995] 3 SLR(R) 929
      • [1998] 3 SLR(R) 196

8. Remedies Sought

  1. Bail

9. Cause of Actions

  • Violation of s 471 of the Penal Code
  • Violation of s 54(1)(c) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ang Poh Chuan v Public ProsecutorHigh CourtYes[1995] 3 SLR(R) 929SingaporeCited for the general principles governing the exercise of the High Court’s revisionary powers.
Knight Glenn Jeyasingam v Public ProsecutorHigh CourtYes[1998] 3 SLR(R) 196SingaporeCited for the principle that an irregularity must have resulted in grave and serious injustice to warrant intervention.
Muhammad Feroz Khan bin Abdul Kader v Public ProsecutorHigh CourtYes[2022] SGHC 287SingaporeCited for the principle that the High Court would exercise its revisionary jurisdiction to grant bail only where the decision of the court below would give rise to a serious injustice.
Vang Shuiming v Public ProsecutorHigh CourtYes[2023] SGHC 248SingaporeCited for the previous decision where the court dismissed a similar application for revisionary powers.
Public Prosecutor v Sollihin bin AnharCourt of AppealYes[2015] 3 SLR 447SingaporeCited for the principle that affidavit evidence is frequently relied upon in applications regarding the granting or revocation of bail.
Poh Boon Kiat v Public ProsecutorHigh CourtYes[2014] 4 SLR 892SingaporeCited for the principle that the statutory maximum sentence signals the gravity with which Parliament views any individual offence.
Public Prosecutor v Yang YinHigh CourtYes[2015] 2 SLR 78SingaporeCited for the principle that the onus is on the applicant to show that bail ought to be granted to him.
Public Prosecutor v Loqmanul Hakim bin BuangHigh CourtYes[2007] 4 SLR(R) 753SingaporeCited for the principle that bail should not be granted where it is likely that an accused person would seek to use his liberty to intimidate witnesses or tamper with evidence.
Mohamed Razip and others v Public ProsecutorHigh CourtYes[1987] SLR(R) 525SingaporeCited for the principle that once an application for bail has been rejected, the court would be extremely reluctant to grant bail where subsequent applications are filed to the same court, unless there has been a material change in circumstances or new facts have since come to light.

13. Applicable Rules

Rule Name
Criminal Procedure Rules 2018 Rule 5

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) s 471Singapore
Penal Code (Cap 224, 2008 Rev Ed) s 465Singapore
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (2020 Rev Ed) s 54(1)(c)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 401Singapore
Criminal Procedure Code 2010 (2020 Rev Ed) s 238(3)Singapore
Criminal Procedure Code s 95(1)(b)Singapore
Extradition Act 1968 s 12Singapore
Extradition Act 1968 s 34Singapore
Extradition Act 1968 s 33Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Bail
  • Criminal Revision
  • Flight Risk
  • Collusion
  • Revisionary Powers
  • Serious Injustice
  • Money-Laundering
  • CDSA
  • CPC

15.2 Keywords

  • Bail
  • Criminal Revision
  • Singapore High Court
  • Money Laundering
  • Flight Risk

17. Areas of Law

Area NameRelevance Score
Criminal Procedure95
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act95
Bail Review90
Criminal Law90
Money Laundering85
Forgery70
Fraud and Deceit70
Evidence60
Admissibility of evidence50
Adverse inferences30
Theft10
Garnishee Proceedings5
Bankruptcy5

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Bail Applications