PP v Lin Haifeng: Corruption & Falsification by Senior Project Manager in COCC Project
In Public Prosecutor v Lin Haifeng, the High Court of Singapore heard an appeal by the Prosecution against the acquittal of Lin Haifeng, a Senior Project Manager at Newcon Builders Pte Ltd, on nine charges of corruption under the Prevention of Corruption Act and nine charges of falsification under the Penal Code. The charges stemmed from a corrupt scheme involving improper overtime claims for Lee Mun Cheng, a Resident Technical Officer at CPG Consultants Pte Ltd, to induce leniency in inspections for the Customs Operations Command Complex (COCC) project. The High Court allowed the appeal, set aside the acquittal, and convicted Lin Haifeng on all 18 charges.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lin Haifeng, a Senior Project Manager, was convicted of corruption and falsification for a scheme involving improper overtime claims to induce leniency.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Senthilkumaran Sabapathy, Joseph Gwee |
| Lin Haifeng | Respondent | Individual | Convicted | Lost | Lok Vi Ming, Lee Sien Liang Joseph, Chan Lay Koon Jean, Zhuang WenXiong, Yeo Hui Min Michelle, Ling Ying Hong Samuel |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Senthilkumaran Sabapathy | Attorney-General’s Chambers |
| Joseph Gwee | Attorney-General’s Chambers |
| Lok Vi Ming | LVM Law Chambers |
| Lee Sien Liang Joseph | LVM Law Chambers |
| Chan Lay Koon Jean | LVM Law Chambers |
| Zhuang WenXiong | LVM Law Chambers |
| Yeo Hui Min Michelle | LVM Law Chambers |
| Ling Ying Hong Samuel | LVM Law Chambers |
4. Facts
- Lin Haifeng was a Senior Project Manager at Newcon Builders Pte Ltd.
- Newcon was awarded a contract for the Customs Operations Command Complex (COCC) project.
- Lin Haifeng oversaw the COCC project, including managing subcontractors and liaising with consultants.
- Lee Mun Cheng, a Resident Technical Officer at CPG Consultants Pte Ltd, inspected Newcon's mechanical construction works.
- Guo Jiaxun and Rajendran Thiagarajan, Newcon employees, allowed Lee to claim overtime fees for inspections he did not physically attend.
- Lin Haifeng agreed with Guo to allow Lee to claim overtime fees even when Lee was not present.
- Lin Haifeng allowed overtime list claim forms to be signed under his name despite knowing some claims were false.
5. Formal Citations
- Public Prosecutor v Lin Haifeng, Magistrate’s Appeal No 9061 of 2023, [2024] SGHC 168
- Public Prosecutor v Lin Haifeng, , [2023] SGDC 93
6. Timeline
| Date | Event |
|---|---|
| Accused employed by Newcon Builders Pte Ltd | |
| Newcon awarded COCC project contract | |
| Corrupt scheme between Guo, Rajendran, and Lee began | |
| Guo made an urgent request to Lee to conduct an inspection | |
| Rajendran joined Newcon as an M&E Coordinator | |
| Corrupt scheme between Guo, Rajendran, and Lee ended | |
| High Court set aside acquittal and convicted the Accused | |
| High Court imposed aggregate sentence | |
| Detailed grounds for decision issued |
7. Legal Issues
- Corruption
- Outcome: The court held that the Accused had engaged in a conspiracy to corruptly agree to give gratification to an agent.
- Category: Substantive
- Sub-Issues:
- Agreement to give gratification
- Inducement for showing favour
- Abetment by conspiracy
- Falsification of Accounts
- Outcome: The court held that the Accused had engaged in a conspiracy to wilfully falsify overtime claim forms with intent to defraud.
- Category: Substantive
- Sub-Issues:
- Wilful falsification
- Intent to defraud
- Conspiracy to falsify
- Reliability of Investigative Statements
- Outcome: The court found the Accused's long statements to be reliable, despite allegations of impropriety in the statement-taking process.
- Category: Procedural
- Sub-Issues:
- Inconsistencies in statements
- Allegations of coercion
- Breach of statement-taking procedures
8. Remedies Sought
- Conviction
- Imprisonment
- Fine
9. Cause of Actions
- Breach of Prevention of Corruption Act
- Falsification of Accounts under the Penal Code
- Criminal Conspiracy
10. Practice Areas
- Criminal Law
- White Collar Crime
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Lin Haifeng | District Court | Yes | [2023] SGDC 93 | Singapore | Cited for the District Judge's grounds of decision in acquitting the Accused. |
| PP v Wong Chee Meng and another appeal | Court of Appeal | Yes | [2020] 5 SLR 807 | Singapore | Cited for the sentencing framework used to determine the appropriate sentence for corruption charges. |
| Nomura Taiji v Public Prosecutor | High Court | Yes | [1998] 1 SLR(R) 259 | Singapore | Cited for the principle that co-conspirators need not be equally informed of the specific details of the conspiracy. |
| Mohamed Shouffee bin Adam v PP | High Court | Yes | [2014] 2 SLR 998 | Singapore | Cited for the one-transaction rule regarding the imposition of consecutive sentences. |
| Miya Manik v PP | Court of Appeal | Yes | [2021] 2 SLR 1169 | Singapore | Cited for the principle that criminal appeals should not be protracted between trial and appellate courts. |
| PP v Ang Seng Thor | High Court | Yes | [2011] 4 SLR 217 | Singapore | Cited for the public service rationale in sentencing for corruption offences. |
| Trade Facilities Pte Ltd v PP | High Court | Yes | [1995] 2 SLR(R) 7 | Singapore | Cited for the consideration of the accused's lack of remorse as an aggravating factor. |
| Leong Sow Hon v PP | High Court | Yes | [2021] 3 SLR 1199 | Singapore | Cited to show that the clang of the prison gates principle is not a sound basis for a more lenient sentence. |
| Tan Puay Boon v PP | High Court | Yes | [2003] 3 SLR(R) 390 | Singapore | Cited for the relevant factors for sentencing for falsification offences. |
| PP v Ro Sungyoung and another | District Court | Yes | [2021] SGDC 104 | Singapore | Cited as a sentencing precedent, but found to be unhelpful due to different factual matrix. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(b) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) ss 7 | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 29(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 477A | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 109 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22(4) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 132(1) | Singapore |
| Criminal Procedure Code s 394H | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Prevention of Corruption Act
- Penal Code
- Overtime Claims
- COCC Project
- Gratification
- Falsification
- Criminal Conspiracy
- Remote Inspections
- Senior Project Manager
- Resident Technical Officer
15.2 Keywords
- corruption
- falsification
- overtime
- criminal
- Singapore
- construction
- COCC
- Lin Haifeng
16. Subjects
- Criminal Law
- Corruption
- Falsification of Accounts
17. Areas of Law
- Criminal Law
- Corruption Law
- Penal Code
- Criminal Conspiracy