PP v Marlene Wise: Revision of Property Disposal Order under Criminal Procedure Code
The High Court of Singapore heard a criminal revision petition by the Public Prosecutor against Marlene Wise regarding the disposal of USD42,511.55 seized during investigations. The court addressed whether it becomes functus officio after ordering property disposal under s 370 of the Criminal Procedure Code and whether it has the power to adjudicate claims under s 372. The court allowed the revision, ordering USD41,900 to be returned to Wise and USD611.55 to be forfeited to the State.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Revisionary jurisdiction exercised; USD41,900 to be returned to the respondent and USD611.55 forfeited to the State.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court revises a property disposal order, clarifying the court's role in adjudicating claims on seized assets under the Criminal Procedure Code.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Petitioner | Government Agency | Appeal Allowed in Part | Partial | Ryan Lim of Attorney-General’s Chambers Christoper Ong of Attorney-General’s Chambers |
| Marlene Wise | Respondent | Individual | Partial Win | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ryan Lim | Attorney-General’s Chambers |
| Christoper Ong | Attorney-General’s Chambers |
| Goh Kok Yeow | De Souza Lim & Goh LLP |
4. Facts
- CAD received information from the US Federal Bureau of Investigation about suspected criminal proceeds transferred from the respondent’s bank account.
- The respondent was a victim of a technical support scam.
- The respondent transferred USD41,900 to Sun Jian's HSBC bank account in Singapore.
- CAD commenced investigations against Sun Jian for possible offences under s 47 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.
- CAD seized the Sum in the HSBC bank account because the moneys were believed to be proceeds of a fraud committed in the USA.
- The transferred money was dissipated from the HSBC bank account.
- The respondent was the only person who submitted a claim to the Sum.
5. Formal Citations
- Public Prosecutor v Marlene Wise, Criminal Revision No 4 of 2024, [2024] SGHC 320
- Public Prosecutor v Marlene Wise, , [2024] SGDC 22
6. Timeline
| Date | Event |
|---|---|
| Respondent transferred USD41,900 to Sun Jian's HSBC bank account in Singapore. | |
| The transferred money was dissipated from the HSBC bank account. | |
| CAD seized the Sum in the HSBC bank account. | |
| CAD prepared a report pursuant to s 370 of the CPC. | |
| DJ Koo granted an order for police to retain the Sum and issue a public notification. | |
| A public notice was published in the eGazette by the CAD. | |
| CAD applied for a disposal inquiry. | |
| Disposal inquiry convened before DJ Lau. | |
| Disposal inquiry heard before DJ Lau. | |
| Disposal inquiry heard before DJ Lau. | |
| Anti-Money Laundering and Other Matters Bill read in Parliament for a second time. | |
| Anti-Money Laundering and Other Matters Act 2024 was passed. | |
| Anti-Money Laundering and Other Matters Act 2024 assented to by the President. | |
| Hearing date. | |
| Grounds of decision delivered. |
7. Legal Issues
- Functus Officio
- Outcome: The court held that it is not functus officio after ordering the disposal of seized property under s 370(2) and directing that it be detained by the police under s 372(1).
- Category: Procedural
- Power to Adjudicate Claims
- Outcome: The court held that it has the power to adjudicate claims made in respect of seized property after a public notice is issued pursuant to s 372(1) of the CPC.
- Category: Jurisdictional
- Lawful Possession Precondition
- Outcome: The court held that the Lawful Possession Precondition applies to s 370(2)(b) of the CPC.
- Category: Substantive
- Related Cases:
- [2024] 3 SLR 457
- [2017] 5 SLR 1064
8. Remedies Sought
- Order for disposal of funds in the bank account
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Marlene Wise | District Court | Yes | [2024] SGDC 22 | Singapore | The decision of the District Judge in the disposal inquiry which is the subject of this revision. |
| Ung Yoke Hooi v Attorney-General | Court of Appeal | Yes | [2009] 3 SLR(R) 307 | Singapore | Cited for the objective of disposal inquiry provisions to ensure safe custody of seized property and prevent wrongful detention. |
| Rajendar Prasad Rai and another v Public Prosecutor and another matter | High Court | Yes | [2017] 5 SLR 796 | Singapore | Cited for the principle that state powers are subject to limits to prevent abuse, particularly in the context of the Criminal Procedure Code. |
| Lim Tien Hou William v Ling Kok Hua | High Court | Yes | [2024] 3 SLR 457 | Singapore | Cited for the 'rough and ready' approach taken in a disposal inquiry and the absence of pre-inquiry processes. |
| Thai Chong Pawnshop Pte Ltd and others v Vankrisappan s/o Gopanaidu and others | High Court | Yes | [1994] 2 SLR(R) 113 | Singapore | Cited to support the principle that a disposal inquiry is not concerned with examining whether full rights have been established at civil law. |
| Zhu Su v Three Arrows Capital Ltd and others and another matter | High Court | Yes | [2024] 1 SLR 579 | Singapore | Cited for the definition of an interlocutory order. |
| Rajendar Prasad Rai and another v Public Prosecutor and another | High Court | Yes | [2017] 4 SLR 333 | Singapore | Cited for the principle that the court's revisionary jurisdiction should be exercised sparingly. |
| Lee Chen Seong Jeremy and others v Public Prosecutor | High Court | Yes | [2019] 4 SLR 867 | Singapore | Cited as an instance where the High Court has intervened in disposal inquiries. |
| Oon Heng Lye v Public Prosecutor | High Court | Yes | [2017] 5 SLR 1064 | Singapore | Cited for the principle that a person must be in lawful possession of seized funds to be entitled to their return. |
| Tatung Electronics (S) Pte Ltd v Binatone International Ltd | Court of Appeal | Yes | [1991] 2 SLR(R) 231 | Singapore | Cited for the power of a Singapore court to make an award of damages in foreign currency. |
| Indo Commercial Society (Pte) Ltd v Ebrahim and another | High Court | Yes | [1992] 2 SLR(R) 667 | Singapore | Cited for the power of a Singapore court to award the judgment sum in a foreign currency. |
| Public Prosecutor v Elevate Hong Kong Holdings Limited | District Court | Yes | [2023] SGDC 289 | Singapore | Cited for the discussion of tracing approaches in a disposal inquiry. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (2020 Rev Ed) | Singapore |
| s 370 of the Criminal Procedure Code | Singapore |
| s 372 of the Criminal Procedure Code | Singapore |
| s 47 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
| s 238A(1) of the CPC | Singapore |
| s 401(2) read with s 390(1)(d) of the CPC | Singapore |
| s 370(2)(b) | Singapore |
| s 370(2)(e) | Singapore |
| s 12D(3) of the Wildlife Act 1965 (2020 Rev Ed) | Singapore |
| s 29(6) of the Tobacco (Control of Advertisements and Sale) Act 1993 (2020 Rev Ed) | Singapore |
| s 26(5) of the Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 (2020 Rev Ed) | Singapore |
| s 64(7) of the Animal and Birds Act 1965 (2020 Rev Ed) | Singapore |
| s 32(7) of the Wholesome Meat and Fish Act 1999 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Functus officio
- Disposal inquiry
- Seized property
- Lawful possession
- Criminal Procedure Code
- Revisionary jurisdiction
- Technical support scam
- Commissioner of Police
- Public notice
- Victim Preconditions
15.2 Keywords
- Criminal Procedure Code
- Disposal Inquiry
- Functus Officio
- Seized Property
- Revision
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Disposal Inquiry | 75 |
| Revision of Proceedings | 65 |
| Sentencing | 60 |
| Evidence Law | 50 |
| Property Law | 40 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Restitution
- Fraud