Research Directorate, Immigration and Refugee Board of Canada, Ottawa

Information about the definition and sentencing requirements for Criminal Breach of Trust can be found in Sections 405 to 409 of Singapore's Penal Code as follows:

Criminal breach of trust

405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person to do so, commits "criminal breach of trust".

Illustration

(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. Ahas committed criminal breach of trust.

(b) Ais a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. Adishonestly sells the goods. Ahas committed breach of trust.

(c) A, residing in Singapore, is agent for Z, residing in Penang. There is an express or implied contract between Aand Zthat all sums remitted by Zto Ashall be invested by Aaccording to Z's direction. Zremits $5,000 to A, with directions to Ato invest the same in Government securities. Adishonestly disobeys the direction, and employs the money in his own business. Ahas committed criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly, but in good faith, believing that it will be more for Z's advantage to hold shares in the Bank X, disobeys Z's directions, and buys shares in the Bank Xfor Z, instead of buying Government securities, here, though Zshould suffer loss and should be entitled to bring a civil action against Aon account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

(e) A, a collector of Government money, or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. Adishonestly appropriates the money. Ahas committed criminal breach of trust.

(f) A, a carrier, is entrusted by Zwith property to be carried by land or by water. Adishonestly misappropriates the property. Ahas committed criminal breach of trust.

[51/2007]

[Indian PC 1860, s. 405]

Punishment of criminal breach of trust

406. Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

[51/2007]

[Indian PC 1860, s. 406]

Criminal breach of trust by carrier, etc.

407. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

[51/2007]

[Indian PC 1860, s. 407]

Criminal breach of trust by clerk or servant

408. Whoever, being a clerk or servant, or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

[51/2007]

[Indian PC 1860, s. 408]

Criminal breach of trust by public servant, or by banker, merchant, or agent

409. Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant, or in the way of his business as a banker, a merchant, a factor, a broker, an attorney or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.

[51/2007]

[Indian PC 1860, s. 409] (Singapore 2007)

In correspondence with the Research Directorate, a co-managing partner of a Singapore law firm stated that, in practice, criminal breach of trust is typically punished by imprisonment for a period of one to five years (Co-Managing Partner 19 June 2013). Singapore media sources have reported on several cases in which people were convicted of criminal breach of trust and sentenced to jail terms (The Strait Times 26 Feb. 2013; The New Paper 17 May 2013; Today 15 June 2013). For example, in February 2013, a former lawyer who misappropriated the funds of his firm's client account was sentenced to six years in jail for ten counts of criminal breach of trust for sums totalling over $SGP 900,000 [$CAD 729,437 (XE 19 June 2013a)] (The Strait Times 26 Feb. 2013; Channel NewsAsia 25 Feb. 2013). In May 2013, a former finance manager who misappropriated nearly $SGP 800,000 [$CAD 648,435 (XE 19 June 2013b)], was found guilty of two charges of criminal breach of trust and was sentenced to 4.5 years imprisonment (The New Paper 17 May 2013; The Straits Times 20 May 2013). In June 2013, a high school principal who embezzled $SGP 67,700 [$CAD 54,897 (XE 19 June 2013c)] of funds from a school project was sentenced to five months imprisonment for one count of criminal breach of trust (The New Paper 15 June 2013; Today 15 June 2013).

Media sources also report of cases in which former law enforcement officers were charged with criminal breach of trust and forgery for misappropriating funds for personal use, and sentenced to jail terms (Singapore Government News 12 Dec. 2012; BERNAMA 18 Dec. 2012). One case involving the misappropriation of $SGP 7,000 [$CAD 5,676 (XE 19 June 2013d)] resulted in a 13 month prison sentence (Singapore Government News 12 Dec. 2012), while the other, which involved $SGP 4,165 [$CAD 3,377 (XE 19 June 2013f)], resulted in a 15 month sentence (BERNAMA 18 Dec. 2012).

However, not all convictions for criminal breach of trust result in imprisonment (The New Paper 7 Dec. 2012; The Straits Times 7 Dec. 2012). For example, Singapore media sources report that a former senior executive of Singapore Press Holdings, who voluntarily confessed to two counts of corruption and one count of criminal breach of trust for taking $SGP 196,500 [$CAD 159,300 (XE 19 June 2013e)] in bribes and vouchers, was fined $SGP 100,000 [$CAD 81,061 (XE 19 June 2013g)], but was not sentenced to jail time (The Straits Times 7 Dec. 2012; The New Paper 7 Dec. 2012).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

BERNAMA. 18 December 2012. "Ex-CNB Officer Sentenced 15 Months' Jail for CBT and Forgery." (Factiva)

Channel NewsAsia. 25 February 2013. "Former Lawyer Jailed for Criminal Breach of Trust." (Factiva)

Co-Managing Partner, Singapore Law Firm. 19 June 2013. Correspondence sent to the Research Directorate.

The New Paper [Singapore]. 15 June 2013. "Five Months' Jail for Former Maris Stella Principal." (Factiva)

_____. 17 May 2013. "Ex-Finance Manager Jailed for Taking $795,000." (Factiva)

_____. 7 December 2012. "Ex-SPH Senior VP Fined $100,000." (Factiva)

Singapore. 2007. Penal Code (Chapter 224). <http://statutes.agc.gov.sg/aol/search/display/printView.w3p;ident=35962b82-5a04-4772-9f7c-68ab910a1c33;query=Status%3Acurinforce%20Type%3Aact,sl%20Content%3A%22Criminal%20breach%20of%20Trust%22;rec=1;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2Fsearch%2Fsummary%2Fresults.w3p%3Bquery%3DStatus%253Acurinforce%2520Type%253Aact,sl%2520Content%253A%2522Criminal%2520breach%2520of%2520Trust%2522#pr409-he-.> [Accessed 18 June 2013]

Singapore Government News. 12 December 2012. "Ex-CNB Officer Gets 13 Months Jail Term for Criminal Breach of Trust." (Factiva)

The Straits Times [Singapore]. 20 May 2013. Daryl Chin. "Bank Officer Arrested after $500,000 in Cash Goes Missing." (Factiva)

_____. 26 February 2013. Elena Chong. "Ex-Lawyer Took $1.5m from Client Account." (Factiva)

_____. 7 December 2012. Leonard Lim. "Ex-SPH Exec Fined $100k for Graft but Avoids Jail." (Factiva)

Today [Singapore]. 15 June 2013. Claire Huang Jingyi. "Former Maris Stella High Principal Gets Five Months' Jail." (Factiva)

XE. 19 June 2013a. "XE Currency Converter." <http://www.xe.com/currencyconverter/ convert/?Amount=900000&From=SGD&To=CAD> [Accessed 19 June 2013]

_____. 19 June 2013b. "XE Currency Converter." <http://www.xe.com/currency converter/convert/?Amount=800000&From=SGD&To=CAD> [Accessed 19 June 2013]

_____. 19 June 2013c. "XE Currency Converter." <http://www.xe.com/currency converter/convert/?Amount=67700&From=SGD&To=CAD> [Accessed 19 June 2013]

_____. 19 June 2013d. "XE Currency Converter." <http://www.xe.com/currency converter/convert/?Amount=7000&From=SGD&To=CAD> [Accessed 19 June 2013]

_____. 19 June 2013e. "XE Currency Converter." <http://www.xe.com/currency converter/convert/?Amount=196500&From=SGD&To=CAD> [Accessed 19 June 2013]

_____. 19 June 2013f. "XE Currency Converter." <http://www.xe.com/currency converter/convert/?Amount=4165&From=SGD&To=CAD> [Accessed 19 June 2013]

_____. 19 June 2013g. "XE Currency Converter." <http://www.xe.com/currency converter/convert/?Amount=100000&From=SGD&To=CAD> [Accessed 19 June 2013]

Additional Sources Consulted

Oral sources:Attempts to contact three law firms in Singapore were unsuccessful.

Internet sites, including:ecoi.net; Singapore – Consulate in Toronto, Consulate in Vancouver, Ministry of Home Affairs, Singapore Police Force; UN – Refworld.