LIN HAIFENG v PUBLIC PROSECUTOR
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Vincent Hoong |
| Charges / claim | Criminal Procedure and Sentencing |
| Counsel | Attorney-General's Chambers, LVM Law Chambers LLC, Jervis Ng, Joseph Gwee, Joseph Lee, Lok Vi Ming, Michelle Yeo, Samuel Ling, Senthilkumaran Sabapathy |
Source: [2024] SGHC 30, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (9)
Parties (2)
Case Significance
Lin Haifeng v Public Prosecutor [2024] SGHC 30 was an ex tempore judgment in the General Division of the High Court (Criminal Motion No 85 of 2023) delivered by Vincent Hoong J on 1 February 2024. In the court below, the applicant claimed trial to nine charges under section 6(b) read with sections 7 and 29(a) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) and nine charges under section 477A read with section 109 of the Penal Code (Cap 224, 2008 Rev Ed), and was acquitted by the District Judge of all 18 charges. The Prosecution appealed, and Vincent Hoong J allowed the appeal and convicted the applicant on all 18 charges. The applicant then brought an application under section 394H of the Criminal Procedure Code 2010 for permission to make a review application, and the present criminal motion sought the judge's recusal from hearing that section 394H application.
[2024] SGHC 30 explained
LIN HAIFENG v PUBLIC PROSECUTOR ([2024] SGHC 30) is a Singapore judgment decided by the High Court (General Division) on 1 February 2024. It is categorised under Criminal Procedure and Sentencing. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.
What is [2024] SGHC 30 about?
LIN HAIFENG v PUBLIC PROSECUTOR ([2024] SGHC 30) is a High Court (General Division) decision from 2024. Its published catchwords are “Criminal Procedure and Sentencing — Criminal review”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Which legislation does [2024] SGHC 30 consider?
The judgment refers to Criminal Procedure Code (Cap 68), Penal Code (Cap 224), and Prevention of Corruption Act (Cap 241). The statutes cited are listed in full on this page, each linking to its primary text.
Summary
Lin Haifeng, who had been acquitted by a District Judge of 18 charges under the Prevention of Corruption Act and the Penal Code but later convicted on all charges after the Prosecution's appeal was allowed, brought a criminal motion seeking the recusal of the judge from hearing his application under section 394H of the Criminal Procedure Code 2010 for permission to make a review application, alleging apparent bias because the judge might have to decide whether his own judgment disclosed a breach of natural justice. The General Division of the High Court held that the applicant had fundamentally misapprehended the nature of a criminal review, which is distinct from an appeal, and that accepting his argument would encourage forum shopping. The court dismissed the application for recusal.
What did the criminal motion in Lin Haifeng v Public Prosecutor [2024] SGHC 30 seek?
The criminal motion sought Vincent Hoong J's recusal from hearing the applicant's application under section 394H of the Criminal Procedure Code 2010 for permission to make a review application, on the basis that the judge's own oral judgment was said to be new evidence of a natural justice breach.
How many charges was Lin Haifeng convicted on in [2024] SGHC 30?
Lin Haifeng had been acquitted by the District Judge of all 18 charges, but on the Prosecution's appeal Vincent Hoong J allowed the appeal and convicted him on all 18 charges under the Prevention of Corruption Act and the Penal Code.
Statutes Cited
Cases Cited (2)
Related cases
Other Singapore judgments involving the same parties or counsel.
Referenced in
Statutes interpreted in this judgment
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 30)