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Dua Lipa New Rules at Europa Plus Live in Russia

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SALE OF GOODS ACT

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Sale of Goods Act - Singapore Statutes Online

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(2) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract; and a stipulation may be a condition, though called a warranty in the contract.

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LEGISLATURE & JUDICIARY

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SINGAPORE - In the final legal chapter of the City Harvest Church (CHC) saga, a five-judge Court of Appeal on Thursday (Feb 1) dismissed a bid by prosecutors to reinstate the original convictions for church founder Kong Hee and five others convicted of misusing millions in church funds, which would have meant longer jail terms for them.

The decision meant that Kong, 53; deputy senior pastor Tan Ye Peng, 45; former finance manager Serina Wee, 41; and former finance committee member John Lam, 50, will continue serving out their existing and reduced jail terms of between 1½ and 3½ years which began in April last year.

Former finance manager Sharon Tan, 42, has completed her seven-month jail term.

Former fund manager Chew Eng Han, 57, facing a jail term of three years and four months, has been out on bail pending the court's decision.

He was allowed his request to start serving his sentence on Feb 22, after the Chinese New Year holiday.

The decision, which hinged on the interpretation of provisions in the Penal Code governing criminal breach of trust offences, has wider implications for future misappropriation cases.

Judge of Appeal Andrew Phang, in reading the decision, said that if there is any gap in the law, the shaping of the remedy should be left to Parliament.

"A hard case should not be allowed to make bad law," he said, noting that the accused are still serving substantial jail terms. The other judges included Judge of Appeal Judith Prakash, and Justices Belinda Ang, Quentin Loh and Chua Lee Ming.

The court said a review of the law was "not only essential" but also "long overdue".

In a statement on Thursday afternoon, the Attorney-General's Chambers said that it would work with relevant government ministries "on the appropriate revisions to the Penal Code, to ensure that company directors and other persons in similar positions of trust and responsibility are subject to appropriate punishments if they commit criminal breach of trust".

(From left) Chew Eng Han, Tan Ye Peng, Kong Hee, John Lam and Serina Wee. ST ILLUSTRATION: CEL GULAPA

The prosecution had raised the point of law to the apex court in August last year, in a rarely invoked procedure known as a criminal reference.

The prosecution argued that the City Harvest six ought to have been convicted of the more aggravated charge of CBT as agents, which provides for heavier punishment, rather than plain CBT.

The six were originally charged and convicted - after a marathon 142-day trial that started in 2013 - of CBT as agents, under Section 409 of the Penal Code.

They were handed jail terms ranging from 21 months to eight years in November 2015.

The six appealed against their convictions and sentences, while the prosecution appealed for harsher sentences.

Deciding on the appeals last April, the High Court, in a split 2-1 decision, cleared the six of CBT as agents and found them guilty of plain CBT under Section 406.

Two of the three judges on the panel ruled that Section 409 applies only to "professional agents"; and directors such as the CHC six cannot be considered "agents" under Section 409. This resulted in their sentences being reduced.

On Thursday, the five judges sitting on the Court of Appeal unanimously affirmed the High Court majority's view.

In a 152-page written judgment, the Court of Appeal said there was a "coherent and well-established line of authority" going back almost two centuries that an "agent" under this provision must be someone who is in the business of providing agency services.

The court acknowledged that, in the modern context, where directors of companies and officers of charities and societies play key roles, "there does not appear to be a good policy reason to ignore their heightened culpability and the enhanced potential for harm were they to commit CBT".

In the dock, Kong and Tan Ye Peng did not display any emotion on hearing the verdict. Lam and Wee exchanged looks, smiling slightly.

Ms Sharon Tan was teary eyed and hugged supporters as she left the courtroom.

Later, her lawyer, Mr Paul Seah, told reporters that she was very grateful that "the journey is over".

"She is looking forward to being reunited with her family," he added.

Chew said he had no strong feelings over the court's decision as "it came out as we had hoped for".

"It never feels good to come to court," he told reporters.

Mr Kenny Low, husband of Serina Wee, said the family is happy that this saga is finally coming to a closure".

"Now I can tell the kids a date that mummy is coming home," he said.

Some church members came out teary-eyed while others embraced one another.

A 40-year-old female church member, who declined to be named, said: "We are really relieved and happy."

Earlier on Thursday, a queue to attend the final verdict of the City Harvest Church case in the apex court had started at 3.30am. By 7am, close to 60 people had joined the queue, despite many being told that all entry passes had been given out.

Ms Shirley Yeo, 76, a staff member at the church, joined the queue at 4.30am and was the 25th person in line.

"We are praying that this verdict will be favourable. The jail term is too harsh. God-willing, it should not be lengthened and they should be set free," she said.

She added that service in the church has been going on as usual and members have been praying consistently for their pastors.

Housewife Shirley Tan, 65, was visibly upset when she arrived at 6.15am and could not obtain a pass to enter as they had all already been given out.

She had turned up at the State Courts at 5.30am only to realise she was at the wrong location.

"I want to see Pastor Kong. I love him so much. City Harvest Church is my second home," she said.

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City Harvest case: Apex Court dismisses bid for longer sentences for Kong Hee, former church leaders

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SINGAPORE - In the final legal chapter of the City Harvest Church (CHC) saga, a five-judge Court of Appeal on Thursday (Feb 1) dismissed a bid by prosecutors to reinstate the original convictions for church founder Kong Hee and five others convicted of misusing millions in church funds, which would have meant longer jail terms for them.

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SINGAPORE - From Jan 15, personal mobility device (PMD) users caught riding on roads will face fines of up to $2,000 or a jail term of three months, in addition to having their devices impounded.

In a toughened stance against an increasing number of offenders, the Land Transport Authority (LTA) said on Tuesday (Jan 2) that a composition fine of $300 and $500 will be issued for first-time offenders who ride on local and major roads, respectively.

First-time offenders caught using their devices on expressways will be charged in court. If convicted, these offenders will face a fine of up to $2,000, as well as a possible jail term of up to three months.

Repeat court convictions will carry a fine of up to $5,000 and, possibly, a jail term of up to six months. This applies to those caught using their devices on any public road.

The current penalty is a $100 composition fine for first-time offenders, regardless of the type of road that the device is used on. Second-time offenders are fined $200, and those caught for the third and subsequent times are fined $500.

Since the advent of PMDs, such as electric scooters and hoverboards two years ago, more have been sighted on roads - even though such devices are strictly confined to footpaths and park connectors.

In the first 11 months of last year, the number of errant users caught averaged 40 a month - 18 per cent more than the monthly average of 34 recorded in 2016.

The LTA said it is an offence under the Road Traffic Act to ride PMDs on roads, including expressways. Electric bicycles, however, are allowed on roads except expressways. But observers said the line separating e-bikes and other PMDs is fast blurring.

The new Active Mobility Act may address this. The Act, which will come into effect soon, will require users, among other things, to ensure that their PMDs weigh no more than 20kg and measure no wider than 700mm. They also cannot exceed a speed limit of 15kmh on footpaths, and 25kmh on cycling and shared paths in park connectors.

Meanwhile, the LTA has increased the number of enforcement officers from 24 in June to more than 50. Officers are also being equipped with speed guns to make sure that PMD users stick to the speed limits in the new Act.

"With the increasing popularity of food-delivery services, we have also been working with such companies to educate their PMD delivery crew on safe riding tips and rules, such as not riding on the roads," the LTA said.

The tougher laws come on the heels of several PMD-related incidents.

Last November, a 52-year-old man using such a device died in an accident with a double-decker bus in Kaki Bukit. The same month, another man was arrested after a video showing an e-scooter zipping down the Pan-Island Expressway went viral on social media.

In October, Transport Minister Khaw Boon Wan told Parliament that there were about 90 accidents involving electric bicycles and PMDs in the first half of 2017. These resulted in four deaths and about 90 injuries.

Penalties with effect from Jan 15

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Stiffer fines, possible jail time for offences involving personal mobility devices from Jan 15

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SINGAPORE - From Jan 15, personal mobility device (PMD) users caught riding on roads will face fines of up to $2,000 or a jail term of three months, in addition to having their devices impounded.