Written Reply to Parliamentary Question on Number of Individuals Charged under Section 165 of the Penal Code from 1965 to 2023

Question:

Mr Gerald Giam Yean Song: To ask 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.

Answer:

Mr K Shanmugam, Minister for Home Affairs and Minister for Law:

1. 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.

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

3. 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.

4. 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.