Attorney’s General Chamber (AGC) has responded to queries regarding the reduced sentences of former City Harvest Church (CHC) leaders.
Last Friday (7 April), the High Court reduced the sentences of all six former CHC leaders in favour of their appeal.
The Founder of CHC and Senior Pastor Kong Hee had his prison sentence reduced to three years and six months from eight years.
As for the others that were charged, former Fund Manager Chew Eng Han had his six-year sentence reduced to three years and four months, Deputy Pastor Tan Ye Peng’s sentence was lowered from five-and-a-half-year sentence to three years and two months, former Finance Manager Serina Wee Gek Yin’s sentence got reduced from a five-year sentence to two years and six months, former Finance Committee Member John Lam Leng Hung got a reduced sentence from three years to one year and six months, and former Finance Manager Sharon Tan Shao Yuen got her sentence lowered from a 21-month jail term to seven months.
The court also approved the deferment requests made by the former leaders.
AGC stated that in a split decision by a three-member bench of the High Court, the charges under section 409 of the Penal Code (Criminal Breach of Trust as an Agent) on which Pastor Kong Hee and five other appellants in Lam Leng Hung & Ors v PP had been convicted were reduced to charges under section 406 (Criminal Breach of Trust simpliciter) on 7 April 2017.
AGC said that the full written grounds (including the dissenting judgment) of the High Court’s decision were released on 7 April 2017.
The majority of the High Court ruled that being a director of a company or a society does not render a person to be in the business of an agent within the meaning of section 409 of the Penal Code. In doing so, the majority disagreed with another High Court decision in Tay Choo Wah v PP issued in 1976. As a result of the reduction of the section 409 charges to section 406 charges, the High Court reduced the global sentences of the appellants from imprisonment terms ranging from eight years to 21 months.
As a result of the reduction of the section 409 charges to section 406 charges, AGC pointed to the fact that the High Court reduced the global sentences of the appellants from imprisonment terms ranging from eight years to 21 months, to terms ranging from three years six months to seven months.
AGC then noted that having carefully considered the written grounds, the Prosecution is of the view that there are questions of law of public interest that have arisen out of the High Court’s decision, including and in particular, whether a director or a member of the governing body of a company or organisation who is entrusted with property, or with any dominion over property, is so entrusted in the way of his business as an agent for the purposes of section 409 of the Penal Code.
According to AGC, the Prosecution has accordingly filed a Criminal Reference on Monday (10 April), to refer these questions of law to the Court of Appeal.
Under section 397(5) of the Criminal Procedure Code, the Court of Appeal, in hearing and determining any questions referred to it, may make such orders as the High Court might have made as the Court of Appeal considers just for the disposal of the case.
If the Court of Appeal answers the questions referred in accordance with the Prosecution’s submissions, the Prosecution intends to request that the Court of Appeal exercises its powers under section 397(5) to reinstate the appellants’ original convictions under section 409 of the Penal Code and make necessary and consequential orders in relation to the sentences given.

Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments
You May Also Like

Gan Kim Yong: On-site medical teams to decide what type of mental health support the migrant workers need

In Parliament on Monday (4 May), Nominated Member of Parliament (NMP) Anthea…

马国首相:行动管制令延长至下月14日

马来西亚首相慕尤丁今午宣布,马国行动管制令将延长至下月14日。 早前他曾表示上述管制令期限将被检讨,如有必要将延长。 与此同时,他促请马国不要恐慌,马国有足够食品供应,不需囤积食物。 马来西亚是在本月18日起落实“锁国”措施,禁止国人出境,也禁止外国旅客入境马国。原定期限到本月31日。宗教、体育、社会和文化活动聚会,等皆一律取消。 目前马国已派出军警人员执法,并呼吁民众待在家,以阻遏武汉冠状病毒(COVID-19)传播。

王乙康抵触选举条例警不追究 张素兰质问为何有差别待遇?

日前,教育部长王乙康被指选举期间,出现与小学生对话的短片,已违反选举规则,短片也已取下。 根据选举法(第218章)第83条文,不得参与选举活动的人士,包括中小学生、非公民、破产、或有犯罪记录者,都不得参与选举活动。 然而,选举局和警方告知媒体,警方虽确认接获有关报案,但不会对王乙康采取进一步行动,理由是短片已被取下,选举官已经训诫后者,需遵守选举条例。 对此,张素兰律师质问,警方为何不追究王乙康短片一事。 文内指出,在她阅读了相关报道后得知王乙康已违反选举法第81(1)条文,并指警方有权针对相关违法人士进行扣押电子设备、摄像机、电脑和手机等。 “我刚阅读了警方不会对教育部长采取进一步行动的报导,王乙康确实违反了第81(1)条文,并援引第81(7)条,警方有权进行逮捕。“ 张素兰:其他被指抵触同样条例者却遭“羞辱” 但选举局与警方却选择不采取进一步行动,王乙康甚至都没有接到警方的警告。然而,其他被警方声称有着相同违法行为的人包括她自己却不得不忍受警方的羞辱。 “包括我在内的人如鄞义林、拉维、库玛兰等人却在2016年时不得不忍受警方所带来的羞辱。“ 她也忆述当时被抓捕的情形,指当时遭受署名警方的威胁,要求交出手机,并指出当时被告知犯下“可予拘捕罪行“,却与王乙康的待遇截然不同。 “犹记当时深夜,便衣警察找上门,他们开始追踪我的动向,并在门缝地下留了一封信。翌日,警方早上9点来敲我门,并要求我必须到警察总部报到。在警察总部时,我被几名凶狠的警察审问和威胁,并要求交出手机,当时有人告诉我,我犯下的罪行是“可予拘捕罪行”,与王乙康所犯下的罪行相同。“ 未犯下谋杀罪,却被八名警员“护送”回家…

URA and HDB will ensure proposed temple will integrate well with surrounding developments

In a joint statement on 6 January by Urban Redevelopment Authority (URA) and Housing…