ALKA v PUBLIC PROSECUTOR

Case Significance

Alka v Public Prosecutor [2024] SGHC 193 was a single judgment delivered on 25 July 2024 (reserved after a hearing on 8 July 2024) by Aedit Abdullah J in the General Division of the High Court, in Magistrate's Appeal No 9216 of 2023. The catchwords cover Criminal Law — Appeal — Statutory offences — Employment of Foreign Manpower Act. The appeal was against the appellant's conviction on one charge under s 22(1)(d) read with s 22(1)(ii) of the Employment of Foreign Manpower Act (Cap 91A, 2009 Rev Ed); the appellant had also pleaded guilty to a separate charge under s 5(2) read with s 5(7) of the Act for working without a valid work pass, which she did not appeal.

The court allowed the appeal, concluding that the charge was not made out against the appellant. The charge alleged that the appellant had made a statement she knew to be false in a material particular, namely that she was employed as a foreign domestic worker by one Anil Tripathi when she had no intention to be so employed. Aedit Abdullah J held that the supposed false statement in the form the appellant filled up was not in fact false, because the appellant was employed within the meaning of the Act, and that reference could not be made to regulations under the Act to determine what amounted to employment. The judge observed that other offences might have been committed but declined in the circumstances to amend or substitute the charge. The appellant was represented by Sanders Law LLC (including Sarbrinder Singh s/o Naranjan Singh), and the respondent by the Ministry of Manpower Legal Services Division.