A marine surveyor, Anuar Ahmad, was acquitted for corruption recently. He had been charged with taking a $500 bribe for overlooking a short supply of bunkers (fuel) to a ship. During investigations, he had been told by an Corruption Prevention and Investigation Bureau (CPIB) investigator that if he confessed, he would only be fined and not jailed. Based on this, he confessed to the bribery charge.
During his trial, the judge threw out his confession as it was made under an inducement. The other evidence against him was also rather weak; there were no complaints about the fuel supply. Accordingly, he was acquitted of the charge.
It should be noted that a few years ago, the bunkering industry was hit by a scandal concerning bribes to marine surveyors. They are in charge of checking on the supply of fuel to ships refuelling in Singapore. However, some of them were convicted of taking bribes from fuel suppliers in order to overlook short delivery of fuel or dilution of fuel.
Legal note - under section 24 of the Evidence Act, a confession made under inducement, threat or promise by a person in authority, is inadmissible if the accused was seeking to gain an advantage or avoid an evil.
Showing posts with label corruption. Show all posts
Showing posts with label corruption. Show all posts
Saturday, October 17, 2009
Saturday, October 10, 2009
Corruption and its effects
Besides strict penalties for the bribe payer and bribe taker, corruption can also lead to other effects.
For one, if an employee pays a bribe to the employee of a customer, the customer will be able to terminate the contract and also to sue the employee's company for any loss or damage.
As regards an employee bribe taker, besides losing his job, he is also subject to severe financial penalties. The employer can sue the employee for the value of any bribe received. This is on top of the penalty that can be imposed by a court which equals the value of the bribe received, under section 13 of the Prevention of Corruption Act. This "double punishment" was confirmed by the court in a case involving Carrefour Supermarket -
see Carrefour Singapore v Leong Wai Kay, [2006] 4 SLR 412 (the last set of characters is the citation of the case which tells a lawyer where to find the decision in a law library)
For one, if an employee pays a bribe to the employee of a customer, the customer will be able to terminate the contract and also to sue the employee's company for any loss or damage.
As regards an employee bribe taker, besides losing his job, he is also subject to severe financial penalties. The employer can sue the employee for the value of any bribe received. This is on top of the penalty that can be imposed by a court which equals the value of the bribe received, under section 13 of the Prevention of Corruption Act. This "double punishment" was confirmed by the court in a case involving Carrefour Supermarket -
see Carrefour Singapore v Leong Wai Kay, [2006] 4 SLR 412 (the last set of characters is the citation of the case which tells a lawyer where to find the decision in a law library)
Tuesday, October 6, 2009
Corruption - what is a bribe?
A bribe under the Prevention of Corruption Act covers not just monetary payments but any favour or advantage. For the full text of the relevant definition, please refer to the end of this post.
Even a free hawker meal can amount to a bribe as some hawker (food stall) inspectors who were convicted of corruption and lost their jobs, have found out. Some policemen
The law of corruption has been applied not just to employees who took bribes from suppliers and civil servants who took bribes from the public, but also to
a) a independent bus driver who took fees from doctors to take foreign workers for medical check-ups. He was not told to take them to any particular doctor, so I am not sure that he was correctly convicted;
b) professional football players who received bribes to play well;
c) a jockey who rode winning horses being given gifts by a grateful owner. I believe that he was later acquitted on appeal;
d) Singaporeans being paid to enter into sham marriages with foreigners.
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The full definition of a bribe as found in Section 2 of the Prevention of Corruption Act -
"gratification" includes —
(a) money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part;
(d) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
(e) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a), (b), (c) and (d);
Even a free hawker meal can amount to a bribe as some hawker (food stall) inspectors who were convicted of corruption and lost their jobs, have found out. Some policemen
The law of corruption has been applied not just to employees who took bribes from suppliers and civil servants who took bribes from the public, but also to
a) a independent bus driver who took fees from doctors to take foreign workers for medical check-ups. He was not told to take them to any particular doctor, so I am not sure that he was correctly convicted;
b) professional football players who received bribes to play well;
c) a jockey who rode winning horses being given gifts by a grateful owner. I believe that he was later acquitted on appeal;
d) Singaporeans being paid to enter into sham marriages with foreigners.
------------
The full definition of a bribe as found in Section 2 of the Prevention of Corruption Act -
"gratification" includes —
(a) money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part;
(d) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
(e) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a), (b), (c) and (d);
Sunday, October 4, 2009
Bribery of witness - first case
In 2007, new sections were introduced into Singapore's general criminal law, the Penal Code, to deal with offences in relation to the court system and the administration of justice.
One of these sections, s 204B provides for punishment for bribing witnesses and taking bribes in judicial proceedings. The words "judicial proceedings" covers legal proceedings in the course of which evidence may be taken. This definition will therefore cover not only lawsuits but also arbitrations.
It appears that a security guard, Chidambaram Radha, is the first person to be convicted under this provision. He attempted repeatedly to get an Indian national to lie on the witness stand in relation to charges against him for harbouring of illegal immigrants. Ironically the harbouring charges against him were later dropped, but for his attempted bribery, he recently received a 6 month jail term.
One of these sections, s 204B provides for punishment for bribing witnesses and taking bribes in judicial proceedings. The words "judicial proceedings" covers legal proceedings in the course of which evidence may be taken. This definition will therefore cover not only lawsuits but also arbitrations.
It appears that a security guard, Chidambaram Radha, is the first person to be convicted under this provision. He attempted repeatedly to get an Indian national to lie on the witness stand in relation to charges against him for harbouring of illegal immigrants. Ironically the harbouring charges against him were later dropped, but for his attempted bribery, he recently received a 6 month jail term.
Corruption - strictest laws in the world
Does Singapore have the stricted anti-corruption laws in the world? I have not done any studies on other laws, but our laws are extremely strict in covering acts of corruption occuring overseas.
Under 37 of the Prevention of Corruption Act, Singapore citizens who commit acts of corruption overseas, eg taking or paying a bribe, may be punished under the Act. This is one of the rare cases where the Singapore courts are given extra-territorial jurisdiction (over acts done outside the country). The Act however, does not seem to require any connection to Singapore for the Act to apply. For example, a Singaporean working in China for an American company, pays a bribe to a Chinese civil servant, would have committed an offence under the Act.
In contrast, a friend working in a neighbouring country for a major software company, recounted the story of trying to obtain a large private sector contract. An employee from the potential customer asked whether he was willing to give the employee a car. My friend was shocked by this, after having grown up in Singapore. He also amazed by the size of the bribe wanted - considering the size of the contract, sports rims could be thrown in but definitely not a car!
Under 37 of the Prevention of Corruption Act, Singapore citizens who commit acts of corruption overseas, eg taking or paying a bribe, may be punished under the Act. This is one of the rare cases where the Singapore courts are given extra-territorial jurisdiction (over acts done outside the country). The Act however, does not seem to require any connection to Singapore for the Act to apply. For example, a Singaporean working in China for an American company, pays a bribe to a Chinese civil servant, would have committed an offence under the Act.
In contrast, a friend working in a neighbouring country for a major software company, recounted the story of trying to obtain a large private sector contract. An employee from the potential customer asked whether he was willing to give the employee a car. My friend was shocked by this, after having grown up in Singapore. He also amazed by the size of the bribe wanted - considering the size of the contract, sports rims could be thrown in but definitely not a car!
Corruption - early Singapore history
Corruption is a problem for many developing nations. Singapore in its early days was not spared.
A recent book, Men in White, which is a story about the People's Action Party, its history and its opponents, contains references to corruption in the early days of Singapore's independence.
One account is that obtaining forms from any government department required payment of tens of cents to the employee dispensing the forms. Another story concerns President Nathan, who when he was applying for a civil service job many decades ago, was asked in Tamil, by an Indian inteviewer, "how many tables?". Nathan could not understand what was being asked. He did not get the job, but later found out that he was being asked how many tables for a fancy dinner he would give to the civil servant in return for getting the job.
Lee Kuan Yew, when he came to power, ensured that corruption was severely punished. No one from clerk to Minister should be outside the law. The most famous case of high level corruption was Teh Cheang Wan, Minister of National Development, who lived in a big bungalow in the Chancery Road area, before his suicide on his criminal activity being discovered.
A recent book, Men in White, which is a story about the People's Action Party, its history and its opponents, contains references to corruption in the early days of Singapore's independence.
One account is that obtaining forms from any government department required payment of tens of cents to the employee dispensing the forms. Another story concerns President Nathan, who when he was applying for a civil service job many decades ago, was asked in Tamil, by an Indian inteviewer, "how many tables?". Nathan could not understand what was being asked. He did not get the job, but later found out that he was being asked how many tables for a fancy dinner he would give to the civil servant in return for getting the job.
Lee Kuan Yew, when he came to power, ensured that corruption was severely punished. No one from clerk to Minister should be outside the law. The most famous case of high level corruption was Teh Cheang Wan, Minister of National Development, who lived in a big bungalow in the Chancery Road area, before his suicide on his criminal activity being discovered.
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