SINGAPORE: Gilbert Oh Hin Kwan, the former director-general at the Ministry of Foreign Affairs (MFA), saw his appeal against a one-week jail sentence dismissed on Monday, 10 February.
Oh had been convicted last year for lying about the contents of a package transported through the diplomatic bag service.
In a brief hearing, Justice Dedar Singh Gill upheld the lower court’s decision, affirming that the district judge had accurately assessed both the facts and the relevant case law, according to Channel News Asia.
Oh had pleaded guilty in April 2024 to providing false information to a public servant after claiming that luxury watches and other items found in a package belonged to his father.
During the appeal proceedings, Oh’s lawyers from WongPartnership, led by Senior Counsel Tan Chee Meng, argued that the sentence should be overturned, referencing inconsistencies in the prosecution’s stance and claiming that the one-week jail term was excessive.
However, Justice Gill disagreed, pointing out that sentencing is the purview of the court, not influenced by plea agreements between the prosecution and defence.
Diplomatic bag misused to send Panadol and luxury watches from China to Singapore
The case stemmed from an incident in January 2023 when Oh attempted to use the diplomatic bag service to transport items, including luxury watches, from China to Singapore.
Diplomatic bags, which are protected under the Vienna Convention, are meant solely for official use and cannot be opened or detained.
However, due to a suspension in the service, Oh enlisted a colleague to transport the package in his luggage. The package was discovered upon arrival in Singapore.
In a bid to protect his career, Oh misled the MFA, claiming the items belonged to his father, believing the Ministry would be more lenient in such a case.
Despite the prosecution and Oh’s defence requesting a fine, District Judge Sharmila Sripathy-Shanaz imposed the jail sentence, noting that the offence risked diminishing the credibility of the MFA and the public service.
In his ruling, Justice Gill agreed with the district judge’s findings, stating that the false statement could have undermined trust in Singapore’s international relations.
He also found Oh’s actions highly culpable, as they could have allowed the attempted misuse of the diplomatic bag service to go undetected.
The penalty for giving false information to a public servant in Singapore includes a potential jail sentence of up to two years, a fine, or both.
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