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Singapore: Ng Hock Guan v Attorney-General [2003] SGHC 284

Ng Hock Guan v Attorney-General [2003] SGHC 284 was a significant case heard in the High Court of Singapore, with a decision date of 18 November 2003. The case centered on the dismissal of Ng Hock Guan, a Senior Investigation Officer in the Singapore Police Force, based on charges of assaulting Filipino women during a police interview. These charges were brought under section 27(1)(c) of the Police Force Act, Cap. 235, which pertains to conduct detrimental to good order and discipline. Ng Hock Guan contested these charges, leading to a disciplinary hearing conducted by Deputy Superintendent Jacob Joy.

Allegations and Disciplinary Proceedings:

The plaintiff, Ng Hock Guan, faced allegations that he had assaulted three Filipino women during an interview at the Anti-Vice Branch (AVB) office within the Criminal Investigation Department (CID) on 18 November 1999. The charges were made following claims by the women that Ng Hock Guan had slapped them. Multiple witnesses, including the complainants, testified against him.

Disciplinary proceedings were initiated against Ng Hock Guan, along with three other police officers who faced similar allegations of assault during the same incident. Following a 15-day hearing that involved 19 witnesses, all four officers, including Ng Hock Guan, were found guilty by the Authorised Officer. Subsequently, two of the officers were reinstated after appealing to the Commissioner of Police, while Ng Hock Guan and another officer were unsuccessful in their appeals.

Reliefs Claimed:

In response to his dismissal, Ng Hock Guan filed a lawsuit against the Attorney-General and sought several legal remedies, including:

(a) A declaration that his immediate dismissal was illegal, void, and ultra vires the Police Force Act, Cap 2325, and in violation of the rules of natural justice.

(b) A declaration to reinstate him as a Senior Staff Sergeant, with corresponding remuneration and retirement benefits.

(c) Alternatively, a declaration of wrongful termination and compensation for it.

(d) Recovery of his salary and allowances from the date of the alleged termination.

Grounds for Judicial Review:

Ng Hock Guan presented two primary grounds for judicial review. The first ground related to the alleged bias of the Authorised Officer. Ng Hock Guan claimed that the Authorised Officer had exhibited prejudice due to the results of a polygraph test suggesting the plaintiff may have been untruthful. However, there was no supporting evidence for this claim, leading to its dismissal.

The second ground for judicial review revolved around the fairness of the Authorised Officer's decision. Ng Hock Guan argued that the decision to dismiss him was irrational and unfair since the Authorised Officer failed to consider all relevant factors and made a decision that no reasonable arbiter properly directing themselves would have reached.

Facts and Evidence:

Before the Authorised Officer, various pieces of evidence were presented in the case against Ng Hock Guan. Three charges were brought against him, alleging that he had assaulted the three complainants by slapping them during the interview. The complainants and some witnesses testified that they witnessed the alleged slapping incidents.

In his defense, Ng Hock Guan relied on the evidence provided by other police officers who were present during the interview and did not witness any assaults. Additionally, the lock-up officers testified that they saw no injuries on the Filipinas, and the Filipinas did not complain of assault to them.

Medical evidence was also presented, with varying interpretations of the injuries sustained by the complainants. The experts' opinions indicated that self-infliction could not be ruled out based solely on the medical evidence.

Conclusion:

The central issue in the case was whether Ng Hock Guan's dismissal was just and whether the Authorised Officer's decision was rational. The court, after considering the evidence and the Authorised Officer's treatment of it, concluded that the dismissal was unfair. The court observed that the Authorised Officer's decision was unduly influenced by the assumption that police officers would naturally cover up for their colleagues. As a result, the court ordered Ng Hock Guan's reinstatement and the recovery of his salary and allowances from the date of his alleged termination.

This case underscores the significance of ensuring a fair and impartial disciplinary process, where evidence is thoroughly examined, and prejudgment is avoided to protect the rights of the individuals involved.


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