Ferrer Luwi Inez Ramos v Public Prosecutor: Abetting False Declarations under Employment of Foreign Manpower Act

In Ferrer Luwi Inez Ramos v Public Prosecutor, the High Court heard appeals related to the appellant's conviction for abetting false declarations under the Employment of Foreign Manpower Act. The appellant was found guilty of conspiring to make false declarations in work pass applications. The court dismissed the appeal against conviction and allowed the prosecution's appeal, enhancing the sentence. The primary legal issue was whether the appellant abetted the making of false statements to the Controller of Work Passes.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Appeal against conviction dismissed; Prosecution's appeal against sentence allowed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The appellant was convicted of abetting false declarations under the Employment of Foreign Manpower Act. The High Court dismissed the appeal and enhanced the sentence.

1.7 Decision Date

24 September 2024

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Public Prosecutor	Respondent, Appellant	Government Agency	Appeal against conviction allowed	Won	Houston Johannus of Attorney-General’s Chambers Karl Tan of Attorney-General’s Chambers
Ferrer Luwi Inez Ramos	Appellant, Respondent	Individual	Appeal against conviction dismissed	Lost	Shehzhadee binte Abdul Rahman of Shehzhadee Law Corporation

3. Judges

Judge Name	Title	Delivered Judgment
Vincent Hoong	Judge	Yes

4. Counsels

Counsel Name	Organization
Houston Johannus	Attorney-General’s Chambers
Karl Tan	Attorney-General’s Chambers
Shehzhadee binte Abdul Rahman	Shehzhadee Law Corporation

4. Facts

Appellant ran a pet grooming business, Vet Princess.
Appellant employed Ribaya and Payoyo as assistant pet groomers.
Ribaya and Payoyo were hired as domestic workers on paper for Junaina and Rudy.
Ribaya and Payoyo never worked for Junaina and Rudy.
Appellant arranged for Ribaya and Payoyo to obtain work passes.
Ribaya and Payoyo made false declarations in their work pass applications.
Appellant paid a portion of the processing fees for the work pass applications.

5. Formal Citations

Ferrer Luwi Inez Ramos v Public Prosecutor and another appeal, , [2024] SGHC 245
Ferrer Luwi Inez Ramos, 9048 of 2023/01, Magistrate’s Appeal No 9048 of 2023/01
Public Prosecutor, 9048 of 2023/02, Magistrate’s Appeal No 9048 of 2023/02

6. Timeline

Date	Event
2016-07-01	Elena Pascual Marcos employed as foreign domestic worker.
2017-07-28	Vet Princess incorporated.
2017-07-01	Ribaya contacted appellant over Facebook Messenger.
2017-08-01	Ribaya contacted appellant over Facebook Messenger.
2017-09-15	Ribaya and Payoyo arrived in Singapore.
2017-10-02	Ribaya and Payoyo began working at Vet Princess.
2017-10-12	Ribaya and Payoyo left Singapore for Malaysia.
2017-10-16	Summit Manpower Pte Ltd engaged to file work pass application for Ribaya.
2017-10-17	Work pass application for Ribaya approved in-principle.
2017-10-19	Ribaya re-entered Singapore.
2017-10-23	Ribaya signed work pass application; work pass issued.
2017-10-25	Summit filed work pass application for Payoyo.
2017-10-27	Work pass application for Payoyo approved in-principle.
2017-10-27	Payoyo re-entered Singapore.
2017-10-28	Payoyo signed work pass application.
2017-10-30	Payoyo's work pass was issued.
2017-12-21	Elena, Ribaya, and Payoyo left the appellant’s household.
2017-12-22	Elena, Ribaya and Payoyo lodged a complaint with the MOM against the appellant.
2019-12-12	Hirman pleaded guilty to abetting the employment of Elena without a valid work pass.
2020-04-02	Ribaya pleaded guilty to working as a pet groomer without a valid work pass.
2021-02-18	Payoyo pleaded guilty to working as a pet groomer without a valid work pass.
2023-01-03	Defence's closing submissions.
2023-01-03	Prosecution's closing submissions.
2023-03-04	Appellant’s written submissions.
2024-03-04	Prosecution’s Written Submissions.
2024-03-13	Court amended the appellant’s two charges.
2024-05-16	Appellant indicated she did not intend to offer a defence to the amended charges.
2024-05-16	Court dismissed the appeal against conviction and allowed the Prosecution’s appeal against the sentence imposed.
2024-09-25	Judgment Date

7. Legal Issues

Abetment of False Declarations
- Outcome: The court found that the appellant abetted the making of false declarations by engaging in a conspiracy.
- Category: Substantive
- Sub-Issues:
  - Conspiracy to make false declarations
  - Intentional aiding of false statements
Sentencing for EFMA Offences
- Outcome: The court enhanced the sentence, finding the initial sentence manifestly inadequate.
- Category: Procedural
- Sub-Issues:
  - Application of sentencing framework
  - Consideration of aggravating and mitigating factors

8. Remedies Sought

Appeal against conviction
Appeal against sentence

9. Cause of Actions

Abetment by engaging in a conspiracy to make false declarations

10. Practice Areas

Criminal Appeals
Employment of Foreign Manpower

11. Industries

Pet Grooming

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Public Prosecutor v Ferrer Luwi Inez Ramos	District Judge	Yes	[2023] SGMC 84	Singapore	Refers to the District Judge's decision where the appellant was initially convicted and sentenced.
Bachoo Mohan Singh v Public Prosecutor and another matter	Court of Appeal	Yes	[2010] 4 SLR 137	Singapore	Cited for the legal principle regarding the elements required to prove intentional aiding in the commission of an offence.
Chiew Kok Chai v Public Prosecutor	Court of Appeal	Yes	[2019] 5 SLR 713	Singapore	Cited for the sentencing framework applicable to offences under s 22(1)(d) of the Employment of Foreign Manpower Act.
Public Prosecutor v Goh Hock Meng	State Courts	Yes	[2021] SGMC 32	Singapore	Cited as a sentencing precedent for offences under s 22(1)(d) of the EFMA.
Lee Yuen Hong v Public Prosecutor	High Court	Yes	[2000] 1 SLR(R) 604	Singapore	Cited for the elements of abetting an offence by engaging in a conspiracy.
Public Prosecutor v Yeo Choon Poh	High Court	Yes	[1993] 3 SLR(R) 302	Singapore	Cited for the principle that a conspiracy may be proven by circumstantial evidence and conduct of the accused.
Ali bin Mohamad Bahashwan v Public Prosecutor and other appeals	Court of Appeal	Yes	[2018] 1 SLR 610	Singapore	Cited for the mens rea required for abetting the commission of an offence by way of a conspiracy.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed)	Singapore
s 22(1)(d) of the Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed)	Singapore
s 22(1)(ii) of the Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed)	Singapore
s 23(1) of the Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed)	Singapore
Criminal Procedure Code 2010 (2020 Rev Ed)	Singapore
s 390(4) of the Criminal Procedure Code 2010 (2020 Rev Ed)	Singapore
s 390(6) of the Criminal Procedure Code 2010 (2020 Rev Ed)	Singapore
s 230(1)(e) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)	Singapore
COVID-19 (Temporary Measures) Act 2020	Singapore
s 28(1) of the COVID-19 (Temporary Measures) Act 2020	Singapore
s 28(2) of the COVID-19 (Temporary Measures) Act 2020	Singapore
s 12(1) of the EFMA	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Employment of Foreign Manpower Act
False declaration
Work pass
Abetment
Conspiracy
Foreign domestic worker
Pet groomer
Controller of Work Passes
In-principle approval
Vet Princess

15.2 Keywords

Employment of Foreign Manpower Act
False declaration
Work pass
Abetment
Criminal Law
Singapore

17. Areas of Law

Area Name	Relevance Score
Employment of Foreign Manpower Act	90
Statutory offences	80
Criminal Law	75
Employment Law	70
Appellate Litigation	60

16. Subjects

Employment Law
Criminal Law
Immigration Law