LIN HAIFENG v PUBLIC PROSECUTOR

[2024] SGHC 30 High Court (General Division) 1 February 2024 • HC/CM 85/2023 • 4 min read

2 cases cited

Catchwords

Criminal Procedure and Sentencing — Criminal review

Practice Areas

Criminal Procedure and Sentencing

Judges (1)

Vincent Hoong Delivered

Counsel (9)

Attorney-General's Chambers Firm LVM Law Chambers LLC Firm Jervis Ng Counsel Appellant Joseph Gwee Counsel Respondent Joseph Lee Counsel Appellant Lok Vi Ming Counsel Appellant Michelle Yeo Counsel Appellant Samuel Ling Counsel Appellant Senthilkumaran Sabapathy Counsel Respondent

Parties (2)

Public Prosecutor Respondent Lin Haifeng Applicant

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.

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.