Fong Chee Keong v Professional Engineers Board: Appeal Against Disciplinary Action for Immigration Act Offence
Fong Chee Keong appealed to the High Court of Singapore against the Professional Engineers Board's decision to cancel his registration as a professional engineer following his conviction under s 57(1)(k) of the Immigration Act for making false statements. The High Court, Lee Seiu Kin J, upheld the finding of guilt but reduced the penalty to a two-year suspension, while upholding the costs order against Fong. The court found no breach of natural justice in the proceedings and that the conviction involved dishonesty.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal by Fong Chee Keong against the Professional Engineers Board's decision to cancel his registration for Immigration Act offence. Court upheld guilt but reduced penalty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Professional Engineers Board, Singapore | Respondent | Statutory Board | Finding of guilt upheld | Partial | |
| Fong Chee Keong | Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Wei Loong Ian | TSMP Law Corporation |
| Lim Wei Wen Gordon | TSMP Law Corporation |
4. Facts
- Fong, a registered professional engineer, was convicted under s 57(1)(k) of the Immigration Act for making false statements.
- Fong made false statements in an attempt to obtain a visit pass for a female Chinese national with whom he was in an intimate relationship.
- Fong falsely stated that the female national had been staying at his address and was pregnant.
- Fong was sentenced to four weeks’ imprisonment for the offence.
- The PEB initiated disciplinary proceedings against Fong following his conviction.
- Fong sought multiple postponements of the disciplinary hearing, including providing a falsified traffic accident report.
- The DC found Fong guilty and ordered the cancellation of his registration and payment of $10,000 in costs.
5. Formal Citations
- Fong Chee Keong v Professional Engineers Board, Singapore, Tribunal Appeal No 11 of 2015, [2016] SGHC 54
6. Timeline
| Date | Event |
|---|---|
| Fong attempted to obtain a Visit Pass for Tang Qiuxia by making false statements. | |
| Fong convicted under s 57(1)(k) of the Immigration Act. | |
| PEB sent Fong a notice informing him of the disciplinary proceedings. | |
| PEB sent Fong a further notice requiring him to attend a disciplinary hearing. | |
| Fong requested that the hearing be postponed. | |
| PEB notified Fong that the hearing was postponed to 25 February 2015. | |
| Fong stated that he was unable to attend the hearing due to a traffic accident. | |
| DC adjourned the hearing to 2 June 2015. | |
| PEB sent Fong a notice to inform him of the further hearing date. | |
| Fong sent the PEB a medical certificate stating that he would not be able to attend the hearing on 2 June 2015. | |
| DC decided to proceed with the hearing in Fong’s absence. | |
| The DC found Fong guilty of the disciplinary charge. | |
| PEB cancelled Fong’s registration as a professional engineer. | |
| Fong was ordered to pay $10,000 for costs of the disciplinary proceedings. | |
| Fong brought an appeal under s 31H of the Professional Engineers Act. | |
| Appeal heard. | |
| Judgment issued. |
7. Legal Issues
- Breach of Natural Justice
- Outcome: The court found no breach of natural justice in the conduct of proceedings.
- Category: Procedural
- Interpretation of Section 31G(1)(a) of the Professional Engineers Act
- Outcome: The court held that s 31G(1)(a) is only relevant when there is a conviction in which there is fraud, dishonesty or moral turpitude or which involves such defect in character which makes him unfit for his profession.
- Category: Substantive
- Whether the Offence Involved Fraud, Dishonesty, or Moral Turpitude
- Outcome: The court found that Fong's conviction under s 57(1)(k) of the Immigration Act for making false statements to immigration authorities was an offence which involved dishonesty.
- Category: Substantive
- Appropriateness of Sentence
- Outcome: The court found the original sentence of cancellation of registration to be excessive and substituted it with a two-year suspension.
- Category: Substantive
8. Remedies Sought
- Setting aside the DC’s decision
- Reinstatement of registration as a professional engineer
9. Cause of Actions
- Breach of Professional Conduct
- Violation of Professional Engineers Act
10. Practice Areas
- Professional Disciplinary Proceedings
- Appeals
11. Industries
- Engineering
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Low Cze Hong v Singapore Medical Council | High Court | Yes | [2008] 3 SLR(R) 612 | Singapore | Cited for the principle that the High Court should be slow to interfere with the findings of a disciplinary committee, but should not give undue deference. |
| Chia Yang Pong v Singapore Medical Council | High Court | Yes | [2004] 3 SLR(R) 151 | Singapore | Cited for the approach the court should take when considering an appeal from a disciplinary committee. |
| Kay Swee Pin v Singapore Island Country Club | High Court | Yes | [2008] 2 SLR(R) 802 | Singapore | Cited for the principle that the duty to act in accordance with natural justice is consonant with a duty to act fairly. |
| Dorsey James Michael v World Sport Group Pte Ltd | High Court | Yes | [2013] 3 SLR 354 | Singapore | Cited for the principle that courts must adopt a purposive approach to statutory interpretation. |
| Ghosh v General Medical Council | Unknown | Yes | [2001] 1 WLR 1915 | Unknown | Cited for the principle that the Court has jurisdiction to consider whether the sanctions imposed by the professional disciplinary body were appropriate and necessary in the public interest or disproportionate and excessive. |
| Huang Danmin v Traditional Chinese Medicine Practitioners Board | High Court | Yes | [2010] 3 SLR 1108 | Singapore | Cited for the principles governing the High Court’s approach to reviewing sentences passed by professional disciplinary bodies. |
| Gan Keng Seng Eric v Singapore Medical Council | High Court | Yes | [2011] 1 SLR 745 | Singapore | Cited as authority for the High Court's jurisdiction to consider whether sanctions imposed by professional disciplinary bodies are appropriate. |
13. Applicable Rules
| Rule Name |
|---|
| Professional Engineers Rules (Cap 253, R 1, 1990 Rev Ed) |
| Rule 31(2) of the Professional Engineers Rules (Cap 253, R 1, 1990 Rev Ed) |
| Rule 32(1)(d) of the PE Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Professional Engineers Act (Cap 253, 1992 Rev Ed) | Singapore |
| Section 31H of the Professional Engineers Act (Cap 253, 1992 Rev Ed) | Singapore |
| Section 31G of the Professional Engineers Act (Cap 253) | Singapore |
| Section 57(1)(k) of the Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
| Rules of Court (Cap 322, 2014 Rev Ed) | Singapore |
| Section 31E of the Professional Engineers Act | Singapore |
| Medical Registration Act (Cap 174, 2004 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional Engineer
- Disciplinary Proceedings
- Immigration Act
- False Statements
- Cancellation of Registration
- Suspension
- Natural Justice
- Moral Turpitude
- Professional Conduct
- Professional Engineers Board
15.2 Keywords
- professional engineer
- disciplinary
- immigration
- false statement
- suspension
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Professional Engineering Conduct | 80 |
| Professional Liability | 75 |
| Administrative Law | 50 |
| Criminal Law | 30 |
| Immigration Offences | 25 |
16. Subjects
- Professional Misconduct
- Disciplinary Tribunal
- Regulatory Offences