Profiles

Experience

Acted for PT ATPK Resources Tbk, a listed company in Indonesia, in a claim against several parties for conspiracy and conversion of shares. A Mareva injunction was obtained and subsequently defended at a 5-day hearing in the High Court. A cumulative judgment against the Defendants was obtained for the sum of IDR156.8 billion (approximately US$17 million).

Acted for a regional MNC in obtaining a Mareva Injunction against its former General Manager and 10 other parties who had assisted him in siphoning more than S$4 million from the company, as well as judgment or favourable settlements against all 11 parties. The MNC was assisted in making a report to the Commercial Affairs Department which resulted in the prosecution of the former General Manager for commercial crimes.

Acted for a private school in obtaining an Anton Piller order to search and seize the homes and offices of several former employees and defendants for evidence that they had stolen confidential information that was at real risk of destruction if not preserved ahead of a trial. After successfully defending against the setting aside of the Anton Piller order, the matter was settled very favourably for the client shortly thereafter.

Acted for an SME in the IT industry in obtaining a Mareva Injunction and Anton Piller order against a former director, followed by judgment in the High Court, as well assisted the company in making a report to the Commercial Affairs Department which resulted in the prosecution of the former director for commercial crimes.

Acted for the Liquidators of a marine industry company in obtaining a Mareva Injunction against its former director and related parties. The matter was settled very favourably for the client shortly thereafter.

Acted for a global retailer with annual revenue of more than US$3 billion in obtaining a Mareva Injunction and judgment against a former employee of its Singapore office for misappropriation of substantial sums of money.

Acted for an Ultra High Net Worth Individual in successfully defending at trial and on appeal in the High Court a novel claim against him for allegedly breaching the proprietary rights of another individual to certain Facebook Pages.

Acting for a client in respect of multiple claims for disputed investments made through her and/or with her company as well as in applying for a voluntary arrangement for the client in respect of S$80 million of debt.

Acted for a Fortune 50 MNC by representing a number of its employees across Asia in respect of global internal audit investigations for the company into alleged misstatements of earnings amounting to more than US$100 million.

Acted for contractors at trial in the High Court and on appeal in the Court of Appeal in successfully setting-aside an expert determination made pursuant to a settlement agreement between the contractors and the property developer and revoking on the ground of bias the appointment of the joint expert who made the expert determination.

Acted for a client who was defrauded of more than S$10 million in the course of obtaining professional services. The case involved cross-border money laundering and a worldwide injunction was obtained to freeze assets traced to the fraud.

Acted for a client in obtaining a High Court judgment after trial declaring her to be the sole owner of a private property worth S$3.5 million that was purchased jointly with another person.

Acted for a client in a minority oppression case involving a private company and successfully getting a High Court judgment after trial ordering the adverse party to buy out the client’s minority shareholding at market value.

Acted for a client and her company in a claim by investors for alleged losses of about US$12 million for alleged breach of contract, breach of fiduciary duties, negligence, misrepresentation and conspiracy. The matter was settled very favourably for the client shortly before trial commenced.

Acted for various employees in their employment disputes with their employers, including a partner of a Big 4 accounting firm, a partner of a large Singapore law firm, and Global department heads of Fortune 500 IT and financial services MNCs.

Led prosecution of the 63-day trial and co-prosecuted in the appeal against conviction and sentence in PP v Wong Teck Long. The accused was an Assistant Vice President of Bayerische Landesbank who accepted a bribe to fraudulently recommend more than RM$100 million in Revolving Short-Term Multi-Currency Loans to several connected applicants.

Led prosecution of the 35-day trial in PP v Mohd Fuad bin Abdul Samad & Another. The accused persons attempted to cheat Asok Kumar s/o Naraindas, Managing Director of the Royal Brothers Group of $2 million.

Led prosecution in PP v Tan Poh Choon. The accused was the Investment Director of Ginsystem Inc, a Ponzi scheme which obtained US$3.4 million from more than 1800 investors worldwide. The accused was convicted after trial of cheating investors through the fraudulent promise that Ginsystem Inc had access to genuine investments that could generate enough profit to pay them 2% returns per day.

Led prosecution in PP v Patrick Soh Wee Teck & Another, the first case of insider trading involving a lawyer/professional in Singapore.

Co-prosecuted in PP v Elizabeth Khoo & Jacqueline Khoo. After the death of their father Khoo Teck Puat, it came to light that the accused persons failed to meet certain disclosure obligations in respect of the listed company Goodwood Park Hotel under the Companies Act and Securities & Futures Act and they were prosecuted accordingly.

Acting for Yeo Jiawei and other parties in respect of 1MDB-related investigations and/or court cases.

Acting for various individuals in respect of CAD and MAS investigations into and prosecutions of alleged regulatory breaches or criminal acts under the Securities and Futures Act and Companies Act.

Acting for several persons involved in the City Harvest Church case in respect of police investigations against them. All of the clients were eventually not prosecuted in court for their involvement.

Acted for an independent director of a listed company in respect of a charge under the Securities and Futures Act. The client was successfully acquitted in 2021 of the charge after trial.

Acted for the Chief Executive Officer of an SME in respect of a sexual offence charge. The client was successfully acquitted in 2021 of the charge after trial.

Acted for the accused in PP v Mark Tan Peng Liat in successfully obtaining after trial a conviction on a significantly lower charge of reckless act causing death after client was originally charged with murder.

Acted for the accused in PP v Tan Tian Chye and obtained a sentence of 2 years 9 months’ imprisonment for culpable homicide after client was originally charged with murder.

Acting in three separate rape cases in 2019 to 2020 after being appointed at the start of investigations. After representations were made in each case, no further action was taken against the clients and the cases were not prosecuted in court.

Acted for a former private banker who was charged for money-laundering offences. The charges were withdrawn by the prosecution in 2022 after representations were made to them that demonstrated that the private banker did not have ‘reason to believe’ that the transactions involved the proceeds of crime.

Acted for the Managing Partner of an international mid-sized accounting firm in respect of regulatory offences relating to proceeds of crime that passed through his personal bank accounts. The charges were withdrawn by the prosecution in 2022 after representations were made to them demonstrating that the elements of the regulatory offences in question were not made out on the facts.

Acted for a client facing a novel private prosecution under the Computer Misuse Act for allegedly tampering with his employer’s computer systems during the course of his employment and successfully obtained an acquittal of the charges after trial despite expert evidence led at trial that implicated the client in the alleged offences.

Acted for Swiss national Oliver Fricker who was prosecuted for vandalism in respect of spray painting an MRT train carriage in a case receiving global media attention.

Acted for actor Christopher Lee in respect of various Road Traffic Act charges preferred against him.

Acted for the estate agency Dennis Wee Realty Pte Ltd in a CEA disciplinary proceeding in one of the first few prosecutions under the Practice Guidelines for Marketing of Foreign Properties.

Acting for other lawyers in respect of police investigations and criminal prosecutions, as well as disciplinary proceedings against them by the Law Society of Singapore.

Reported Cases

1. Public Prosecutor v G [2003] SGHC 63
2. Public Prosecutor v Tan Mui Teck [2003] SGDC 94
3. Public Prosecutor v Kalathithara Subran Hilan and Others [2003] SGHC 113; Public Prosecutor v Kalathithara Subran Hilan and Others [2003] SGHC 221

4. Public Prosecutor v Poh Kay Leong [2003] SGDC 138
5. Public Prosecutor v Dhanabalan s/o A Gopalkrishnan [2003] SGHC 178
6. Public Prosecutor v Raman Selvam s/o Renganathan [2003] SGHC 210
7. Public Prosecutor v Abdul Aziz s/o Hameed Sultan @ Nur Mohammad Hafeez [2004] SGHC 13
8. Public Prosecutor v Wong Teck Long [2005] SGDC 44 (Trial in the District Court); Wong Teck Long v Public Prosecutor [2005] 3 SLR(R) 488 (Magistrate’s Appeal in the High Court)
9. Public Prosecutor v Teo Yaw Tiong Ignatuis [2005] SGDC 196
10. Public Prosecutor v Tan Poh Choon [2006] SGDC 10 (Trial in the District Court)
11. Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd [2007] 2 SLR(R) 856; Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd [2008] SGHC 48
12. Public Prosecutor v Yee Cheung Wai Philip [2007] SGDC 127 (Trial in the District Court), Yee Cheung Wai Philip v Public Prosecutor (unreported Magistrate’s Appeal in the High Court)
13. Public Prosecutor v Lee Meng Soon [2007] SGDC 149; Public Prosecutor v Lee Meng Soon [2007] 4 SLR(R) 240 (Magistrate’s Appeal in the High Court)
14. Then Kwen Choy Kevin v VibroPower Pte Ltd [2008] SGHC 94 (Trial in the High Court), Then Kwen Choy Kevin v VibroPower Pte Ltd (unreported Appeal in the Court of Appeal)
15. Ser Kim Koi and Another v William Merrell Fulton and Others [2009] SGHC 5
16. Public Prosecutor v Luong Kathleen Thi Trang Hoang [2009] SGDC 210; Luong Thi Trang Hoang Kathleen v Public Prosecutor [2010] 1 SLR 707 (Magistrate’s Appeal in the High Court)
17. Public Prosecutor v Firdaus bin Abdullah [2010] 3 SLR 225 (Magistrate’s Appeal in the High Court)
18. Fide Living Pte Ltd and Others v Trans Living International Pte Ltd [2010] SGDC 149
19. Public Prosecutor v Fricker Oliver [2010] SGDC 289; Fricker Oliver v Public Prosecutor and another appeal and another matter [2011] 1 SLR 84 (Magistrate’s Appeal in the High Court)
20. Public Prosecutor v Lim Yong Han, Gabriel [2010] SGDC 467, Public Prosecutor v Lim Yong Han, Gabriel (unreported Magistrate’s Appeal in the High Court)
21. Public Prosecutor v Guan Zhenbang [2011] SGDC 47

22. Public Prosecutor v Howe Vincent [2012] SGDC 25
23. Tan Thiam Wee v Public Prosecutor [2012] 4 SLR 141 (Magistrate’s Appeal in the High Court)

24. Public Prosecutor v Rosli bin Yassin [2013] 2 SLR 831) (Appeal in the Court of Appeal)
25. Public Prosecutor v Idya Nurhazlyn Binte Ahmad Khir and another [2013] SGDC 217; Idya Nurhazlyn bte Ahmad Khir v Public Prosecutor and another appeal [2014] 1 SLR 756 (Magistrate’s Appeal in the High Court)

26. Public Prosecutor v Low Wei Hong [2013] SGDC 273
27. Li Weiming v Public Prosecutor and other matters [2013] 2 SLR 1227 (Criminal Motion in the High Court), Public Prosecutor v Li Weiming and others [2014] 2 SLR 393 (Criminal Reference in the Court of Appeal)
28. Poh Cheng Chew v K P Koh & Partners Pte Ltd and another [2014] 2 SLR 573 (Trial in the High Court), Poh Cheng Chew v K P Koh & Partners Pte Ltd and another (unreported Appeal in the Court of Appeal)
29. Public Prosecutor v Ghazali bin Mohamad Rasul [2014] SGDC 59; Ghazali bin Mohamed Rasul v Public Prosecutor [2014] 4 SLR 57 (Magistrate’s Appeal in the High Court)

30. Public Prosecutor v An Wei [2014] SGDC 182; An Wei v Public Prosecutor (unreported Criminal Motion in the High Court)
31. Public Prosecutor v Yap Chee Yen [2014] SGDC 219, Yap Chee Yen v Public Prosecutor [MA 130/2014/01] (unreported Magistrate’s Appeal in the High Court)
32. Lee Kien Meng v Cintamani Frank [2014] SGDC 311 (Trial in the District Court); Lee Kien Meng v Cintamani Frank [2015] 3 SLR 1072 (Appeal in the High Court)
33. Public Prosecutor v Ho Fong Peng [2015] SGDC 44
34. Lim Giok Boon and another v Lim Geok Cheng [2015] SGHC 208 (Trial in the High Court)
35. Tan Koon Lek v Chua Swee Heng and Yeo Siew Luan [2016] SGDC 67 (Trial in the District Court)

36. Seaquest Enterprise Pte Ltd v Agile Accomm Pte Ltd and another suit [2016] SGHC 51 (Trial in the High Court); Seaquest Enterprise Pte Ltd v Agile Accomm Pte Ltd [CA 1/2016] (unreported Appeal in the Court of Appeal)
37. Public Prosecutor v Luciana Lim Ying Ying [2015] SGDC 257; Lim Ying Ying Luciana v Public Prosecutor and another appeal [2016] 4 SLR 1220 (Magistrate’s Appeal in the High Court), Lim Ying Ying Luciana v Public Prosecutor [CA/CM 19/2016] (unreported Criminal Reference in the Court of Appeal)
38. Public Prosecutor v Zhang Weida [2017] SGDC 123, Zhang Weida v Public Prosecutor [MA 9114/2017/01] (unreported Magistrate’s Appeal in the High Court)
39. Public Prosecutor v Ong Teck Liam [2017] SGDC 317
40. Public Prosecutor v Lim Siew Har [2018] SGDC 39
41. Public Prosecutor v Tan Peng Liat, Mark [2018] SGDC 43
42. Public Prosecutor v Low Xin Yi [2018] SGDC 79, Low Xin Yi v Public Prosecutor [MA 9379/2017/01] (unreported Magistrate’s Appeal in the High Court)
43. Epoch Minerals Pte Ltd v Raffles Asset Management (S) Pte Ltd and others [2018] SGHC 223
44. Public Prosecutor v Pek Siew Gek and Tang Yudong [2018] SGDC 290, Pek Siew Gek and Tang Yudong v Public Prosecutor [MA 9222/2018/01 and MA 9223/2018/01] (unreported Magistrate’s Appeals in the High Court)
45. Public Prosecutor v Tang Bei and Tang Lei [2018] SGMC 87 (Trial in the District Court)
46. Public Prosecutor v P Mageswaran [2019] 3 SLR 1110 (Trial in the High Court); Public Prosecutor v P Mageswaran and another appeal [2019] 1 SLR 1253 (Appeal in the Court of Appeal)
47. A*Glasstech Pte Ltd v Full-Glass Pte Ltd [2019] SGDC 75; A*Glasstech Pte. Ltd. v Full-Glass Pte Ltd [2019] SGDC 82
48. Chung Wan v Public Prosecutor [2019] 5 SLR 858 (Magistrate’s Appeal in the High Court)
49. BPH v Public Prosecutor and another appeal [2019] 2 SLR 764
50. Public Prosecutor v Ng Kheng Wah and others [2019] SGDC 249
51. Ma Hongjin v SCP Holdings Pte Ltd and another [2019] SGHC 277 (Trial in the High Court)
52. GA Machinery Pte Ltd and another v Yue Xiang Pte Ltd and others [2020] SGHC 264 (Trial in the High Court
53. Koh Kim Teck v Shook Lin & Bok LLP [2020] SGCA 118 (Appeal in the Court of Appeal)
54. Ng Kum Weng v Public Prosecutor [2021] SGHC 100 (Magistrate’s Appeal in the High Court)
55. Ma Hongjin v Sim Eng Tong [2021] SGHC 84 (Trial in the High Court)
56. North Star (S) Capital Pte Ltd v Yip Fook Meng [2022] 1 SLR 677 (Appeal in the Appellate Division)
57. Public Prosecutor v Accused (Trial in the District Court)
58. Jethanand Harkishindas Bhojwani v Lakshmi Prataprai Bhojwani (alias Mrs Lakshmi Jethanand Bhojwani) and others [2022] 3 SLR 1211 (Trial in the High Court)
59. Epoch Minerals Pte Ltd v Raffles Asset Management (S) Pte Ltd and others [2021] SGHC 288 (Trial in the High Court)
60. Public Prosecutor v Ngiam Zee Moey and others [2022] SGDC 115 (Trial in the District Court)
61. Sriram s/o Seevalingam v Public Prosecutor [2022] SGHC 168 (Magistrate’s Appeal in the High Court)
62. Huang Sining (Prosecutor) v Juan Lingjiao – [2023] SGMC 6 (Trial in the Magistrate’s Court)

Appointments & Memberships

Derek is currently the Chairman of the Criminal Legal Aid Scheme Committee of the Law Society, and a member of the Criminal Practice Committee. Derek is also on the Board of Directors of Law Society Pro Bono Services.

Derek has been teaching Criminal Procedure for the Singapore Bar exam course since 2004 and is also an advocacy tutor.

Qualifications

• LL.B. (Hons), National University of Singapore (2000)
• Gazetted as Deputy Public Prosecutor and State Counsel (2001 – 2006)
• Advocate and Solicitor, Singapore (2005)

Languages Spoken: English, Mandarin