Individuals Charged under Section 165 of Penal Code

Debated in Parliament on 6 Feb 2024.

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Gerald Giam asked for statistics on charges, convictions, and sentencing under Section 165 of the Penal Code from 1965 to 2023, as well as the rationale for using this section instead of the Prevention of Corruption Act.
K Shanmugam stated that records for the entire period are unavailable, making it impossible to provide the requested numbers or averages.
The Minister noted that charges against ministers are rare, with only three cases since independence, including the current case against Mr Iswaran.
The Attorney-General’s Chambers does not publicly disclose reasons for choosing specific charges, as prosecutorial discretion depends on case-specific evidence and factors.

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Gerald Giam Yean Song

Mr Gerald Giam Yean Song asked the Minister for Home Affairs (a) how many individuals have been charged under section 165 of the Penal Code from 1965 to 2023; (b) how many are convicted; (c) what is the average (i) fine and (ii) prison sentence; and (d) what are the considerations for charging an individual under section 165 instead of the Prevention of Corruption Act.

K Shanmugam

It is not possible to confirm who or how many individuals were charged under section 165 of the Penal Code from 1965 to 2023 because records were not kept for the entire period.

This Parliamentary Question appears to be referencing the charges brought against Mr Iswaran.

First, let me say that cases against Ministers are very rare in Singapore. Since Independence, there have only been three reported instances, involving Mr Wee Toon Boon in 1975, Mr Teh Cheang Wan in 1986 and now Mr Iswaran. Mr Teh Cheang Wan committed suicide as investigations were ongoing.

The Attorney-General's Chambers (AGC) does not generally give reasons in public why a specific charge has been brought, under one provision as opposed to another provision. These are matters of prosecutorial discretion, exercised on the basis of several possible factors, including the evidence available. Thus, if Mr Giam’s real question is why there are charges under section 165 of the Penal Code against Mr Iswaran when there have been no Ministers charged with this offence before, then the direct response is that this is only the second case in 58 years to be brought in Court against a Minister and AGC makes the decision based on the facts of each case.

Summary written by AI (learn more)

Gerald Giam asked for statistics on charges, convictions, and sentencing under Section 165 of the Penal Code from 1965 to 2023, as well as the rationale for using this section instead of the Prevention of Corruption Act.
K Shanmugam stated that records for the entire period are unavailable, making it impossible to provide the requested numbers or averages.
The Minister noted that charges against ministers are rare, with only three cases since independence, including the current case against Mr Iswaran.
The Attorney-General’s Chambers does not publicly disclose reasons for choosing specific charges, as prosecutorial discretion depends on case-specific evidence and factors.

Questions identified by AI (learn more)

Individuals Charged under Section 165 of Penal Code | PAPERCUTS

Individuals Charged under Section 165 of Penal Code

Debated in Parliament on 6 Feb 2024.

Summary written by AI (learn more)

Gerald Giam asked for statistics on charges, convictions, and sentencing under Section 165 of the Penal Code from 1965 to 2023, as well as the rationale for using this section instead of the Prevention of Corruption Act.
K Shanmugam stated that records for the entire period are unavailable, making it impossible to provide the requested numbers or averages.
The Minister noted that charges against ministers are rare, with only three cases since independence, including the current case against Mr Iswaran.
The Attorney-General’s Chambers does not publicly disclose reasons for choosing specific charges, as prosecutorial discretion depends on case-specific evidence and factors.

Questions identified by AI (learn more)

Full Transcript

Gerald Giam Yean Song

K Shanmugam

It is not possible to confirm who or how many individuals were charged under section 165 of the Penal Code from 1965 to 2023 because records were not kept for the entire period.

This Parliamentary Question appears to be referencing the charges brought against Mr Iswaran.

Summary written by AI (learn more)

Gerald Giam asked for statistics on charges, convictions, and sentencing under Section 165 of the Penal Code from 1965 to 2023, as well as the rationale for using this section instead of the Prevention of Corruption Act.
K Shanmugam stated that records for the entire period are unavailable, making it impossible to provide the requested numbers or averages.
The Minister noted that charges against ministers are rare, with only three cases since independence, including the current case against Mr Iswaran.
The Attorney-General’s Chambers does not publicly disclose reasons for choosing specific charges, as prosecutorial discretion depends on case-specific evidence and factors.

Questions identified by AI (learn more)

Individuals Charged under Section 165 of Penal Code

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Questions Identified

Full Transcript

Gerald Giam Yean Song

K Shanmugam

Summary

Questions Identified

Individuals Charged under Section 165 of Penal Code

Summary

Questions Identified

Full Transcript

Gerald Giam Yean Song

K Shanmugam

Summary

Questions Identified