Tag: CHC

  • A Lawyer’s Explanation To Why CHC Sentences Lesser Than Man Who Stole From Mosque

    A Lawyer’s Explanation To Why CHC Sentences Lesser Than Man Who Stole From Mosque

    When the High Court halved the sentences of City Harvest Church leaders in its recent judgement, Singapore’s social media exploded with anger and disbelief.

    Many netizens felt that the court was being too lenient to founding pastor Kong Hee and his management team, who embezzled over $50 million in church funds to fund his wife’s lavish pop star lifestyle in the United States.

    A lawyer from IRB Law LLP explains that the reason behind the reduced sentences is related to whether the judges sees Kong Hee and the other leaders as “agents” under section 409 of the Penal Code. Section 409 of the Penal Code is an aggravated form of Criminal Breach of Trust.

    He wrote: “The offence of Criminal Breach of Trust (‘CBT’) exists in various forms. There are different maximum sentences for: Simple CBT (Maximum imprisonment term of 7 years); CBT by a carrier (Maximum jail term of 15 years); CBT by a clerk or servant (Maximum jail term of 15 years); CBT by a public servant, banker, merchant or agent (Maximum jail term of life imprisonment or 20 years).”

    “To convict the CHC members under the most aggravated form of CBT, the prosecution would have had to prove not only that the CHC members were guilty of criminal breach of trust, but also that they were in fact agents. The purpose of this article, it is best not to delve into what constitutes an ‘agent’ as that probably deserves an entire article on its own, but it would suffice to say that in agency relationships, there is a very high level of trust vested in the agent.”

    “To put it simply, the High Court agreed that the CHC members were guilty of CBT but did not find that the relationship between the offenders and the church to be one that involved agency.”

    On why the court sentenced a man who stole $1,900 from a Mosque more harshly than it sentenced Kong Hee and the others, IRB had this to say: “The individual who was convicted of stealing $1,900.00 was not charged with theft, but with the offence of ‘house-breaking by night’ to commit theft. This is an aggravated form of house-breaking, and the section under which he was convicted imposes a mandatory minimum sentence of 2 years imprisonment. Furthermore, this individual had committed the act of housebreaking by night 12 times on different occasions, and it appears that he was convicted of four charges of housebreaking by night to commit theft.”

    What do you think?

     

    Rilek1Corner

    Source: https://www.allsingaporestuff.com

  • In Face Of Rising Religiosity, Keep Faith With The Secular State

    In Face Of Rising Religiosity, Keep Faith With The Secular State

    For those like me who believe that rising religiosity is the greatest pressure on the status quo in Singapore now, and for decades to come, the City Harvest trial has been a bellwether saga.

    Since its start in 2012, the criminal investigation and judicial proceedings against six leaders of one of the largest and most powerful churches in Singapore have been a delicate balancing act for the secular state.

    Can it punish the City Harvest Church (CHC) leaders while reaffirming the church’s freedom of worship? Can it hold its religious leaders to account and persuade their flock, 30,000 Singaporeans at its peak, to accept the legitimacy of secular judgment?

    The verdict last week that found all six guilty, capping a 140-day trial that lasted two years, has answered some questions while making others more urgent.

    The words and actions of current and former CHC leaders in the aftermath of the verdict have raised eyebrows among many secular observers.

    As many have noted, in the matter of the misuse of $50 million of church funds, Kong Hee has persisted in referring to himself and the other five as “accused” persons rather than convicted ones; his apology to his congregation last week was for the “pain and turmoil” caused to them in the form of external criticism – not for his criminal actions.

    CHC pastor Aries Zulkarnain, in explaining the verdict to the congregation, said the church leaders were saddened by the verdict, but “respected” it.

    This word choice is significant and deliberate: respect is not the same as acceptance.

    As the six have yet to be sentenced, let alone indicate whether they will file an appeal, expressing an acceptance of the guilty verdict may thus be premature at this stage.

    But some see the public statements made last weekend as an implicit challenge to the secular judiciary’s judgment, through a differentiation of said judgment from the moral judgment of the church’s belief system.

    Such a dynamic emerges from another recent collision between the state and the religious authorities.

    In 2012, the Faith Community Baptist Church (FCBC), led by Pastor Lawrence Khong, fired a member of the church staff because of her adulterous relationship with a married church worker.

    Because she was seven months pregnant at the time, then Minister for Manpower Tan Chuan-Jin said the church should pay her $7,000 in salary and benefits.

    This was premised on the Minister’s judgment that the worker was sacked without sufficient cause. Under the Employment Act, an expectant mother from her fourth month of pregnancy must be paid benefits if she is sacked without sufficient cause.

    Mr Khong’s counter was that since the church is a moral body, persistent adulterous behaviour was “sufficient cause” for dismissal.

    The church petitioned the High Court for a legal review of the Minister’s decision, a challenge it unexpectedly dropped earlier this year. It said it had come to understand the rationale for the Minister’s decision and now “accepted” it.

    It is important here to understand why these two cases differ in kind, not just degree, from other recent headline-making incidents involving religious or racial groups.

    Petitions for the Government to allow the hijab, the Muslim headdress, to be worn by nurses in public hospitals who wish to do so, or petitions for musical instruments to be played during the Thaipusam procession are seen as challenges on the “common space” the Government believes must be kept race- and religion-neutral.

    This common space is fundamental to the peaceful functioning of Singapore’s multiracialism – a founding principle of Singapore’s secular state.

    The aforementioned groups want the secular state to carve out concessions from the common space to fulfil their desire for religious self-expression. The Government has hitherto, citing the pressures of snowballing demands, declined. This push and pull is the normal, healthy workings of a diverse society.

    But the FCBC case is not a challenge on the common space. It challenges the authority of the secular state – whether the political leaders or the judicial authorities – to determine the perimeters of the common space.

    The implicit argument it posed was that the morality of its belief systems stand equal, if not above, secular judgment.

    Ultimately, its church leaders decided not to pursue that argument but to cede to secular authority.

    In the CHC’s case, the legal process is ongoing but the six leaders have submitted to the workings of secular law.

    So the status quo can be said to have prevailed in both cases.

    But it would be naive to think that the rising religiosity, demonstrated in these cases, has not detracted from the secular state’s authority over the common space.

    In recent years, for example, there has been an assertive religious campaign to keep in place the section of the Penal Code which criminalises gay sex, Section 377A.

    This assertiveness has sent the signal that any repeal – rightfully a decision solely of the elected legislature – will lead to aggressive pushback against secular authority.

    To avoid such a collision, it is likely the Government will not consider repealing the law for, perhaps, at least one generation.

    This is yet another occasion in a long journey of rising religiosity finding an equilibrium with the secular state.

    Two major reasons give me optimism that secularism will prevail. The first is that Singapore, as befits its youthfulness, is starting this chapter later than other advanced economies with secular governments.

    What has emerged elsewhere is not pretty. Whether political gridlock in the United States driven by the growing influence of the religious right in the Republican party, the emergence of racial and religious enclaves in many parts of Europe or incidents of religion-related violence in many parts of the world, these trends should push popular support here behind a strong, secular state.

    The second and more important reason is that Singapore is, by default, multiracial and multi-religious.

    Few places in the world started off heterogeneously and have entrenched heterogeneity.

    Philosopher John Rawls made his name with a thought experiment that imagined a group of people designing the rules of a society they would live in, without knowing who they would be- rich or poor, male or female, Christian or Hindu, able-bodied or disabled.

    He argued that this ignorance would lead to a societal design that gave everyone the most liberties possible without infringing on the liberties of others – because who would take the chance of ending up at the mercy of a skewed system?

    Singapore’s mix of religions and races could be seen as a real-life corollary of this thought experiment.

    No one can imagine themselves out of their identities. But living with those of other races and religions can be a daily reminder that the only thing that guarantees your own choice of god and good is a secular state that stays silent on the merits of that choice.

     

    Source: www.straitstimes.com

  • Osman Sulaiman: City Harvest Episode Shows Even ‘Man Of God’ Errs, Community Must Not Be Complacent

    Osman Sulaiman: City Harvest Episode Shows Even ‘Man Of God’ Errs, Community Must Not Be Complacent

    Generally, the Malay Muslim community placed their trust on MUIS to have the honesty, integrity and soundness of moral character managing funds and donations from the public.

    With the recent convictions of CHC leaders, it showed that even a ‘Man of God’ can err. Therefore, we should not be complacent and relinquish our moral duty just because all is well now.

    No system is perfectly safe. Without proper transparency and accountability, things might just go astray. There should exist within an organization, proper system in place to highlight any irregularities or suspicious activities.

    Stakeholders should not just care when something goes wrong. It should be done continuously to ensure rot has not been given a chance to fester.

    Questioning our religious leaders when we sense something is amiss, is not blasphemy. Although there are proper etiquettes to observe when doing so. It is part of our responsibility as a Muslim to always seek clarification.

    Hopefully we can learn some useful lessons from the CHC’s case.

     

    Source: Osman Sulaiman

  • Sangeetha Thanapal: City Harvest Church Incident Shows Double Standards In Which Islam And Christianity Are Held Accuntable

    Sangeetha Thanapal: City Harvest Church Incident Shows Double Standards In Which Islam And Christianity Are Held Accuntable

    What’s interesting to me in all this City Harvest stuff, is that no one is talking about this as a peril of Christianity. No one is using this as an example of how there’s something wrong with Christianity and Christians who are so easily misled and brainwashed.

    Compare this to any rhetoric on anyone who is vaguely brown and Muslim. It immediately becomes about Islam, a failure or inherent flaw in Islam and these Muslims who are so easily radicalized and brainwashed.

    As always, western religion when practiced by Chinese people gets a pass. They get to be people in their own right, not strereotypes to be made fun of.

     

    Source: Sangeetha Thanapal

  • All 6 In City Harvest Church Trial Found Guilty Of All Charges

    All 6 In City Harvest Church Trial Found Guilty Of All Charges

    The six City Harvest Church (CHC) leaders have been found guilty of various charges of criminal breach of trust and falsification of accounts.

    CHC founder Kong Hee, his deputy Tan Ye Peng, former church accountant Serina Wee, former church finance manager Sharon Tan, former investment manager Chew Eng Han and former CHC board member John Lam were today convicted of three to 10 charges each.

    All six are out on bail. The bail stood at S$1 million each for Kong Hee, Tan Ye Peng, John Lam and Chew Eng Han. The bail for Serina Wee and Sharon Tan was at $750,000 each. They are not allowed to travel.

    Delivering his oral judgement this morning, Presiding Judge of the State Courts See Kee Oon said that all six were “inextricably tangled” in two conspiracies of misusing church Building Fund monies to buy sham bond investments to finance the Crossover Project — which aims to use the music of church co-founder and Kong’s wife Sun Ho to evangelise — and thereafter misusing make church funds to cover up the first amount to defraud auditors by falsifying accounts. More than S$50 million was found to have been misappropriated.

    JC See found that while Tan Ye Peng, Chew, Wee, Sharon Tan and Lam had acted in trust of Kong’s leadership, it does not exonerate them. “No matter how pure the motives and how ingrained the trust in leaders, these do not exonerate the accused persons.”

    While the extents of their involvement were distinct, Judicial Commissioner (JC) See said none could be excluded from their implication in the conspiracy.

    He added: “They had convinced themselves morally and legally permissible to temporarily use money from CHC funds when they knew it was not.”

    JC See said he could not accept that the accused persons genuinely believe sale of Ms Ho’s albums would generate enough to redeem the bonds, and therefore cannot accept their claims that they believed the bond investments were genuine.

    He also found that use of Building Fund monies to finance the Crossover shows dishonesty, as the Crossover “was not for the purposes (the fund was meant for) since by (the accused persons’) own admission it was meant to service mission.”

    The prosecution will have to file written submissions by Nov 6, while the defence will file mitigation pleas by Nov 13. Oral submissions to be delivered on Nov 20 at 9.30am.

    They will be sentenced at a later date.

    Shortly after the judgement, Ms Sun Ho issued a statement on CHC’s Facebook page saying that the CHC Management Board are “disappointed by the outcome”.

    Following the verdict, Ms Ho said Kong Hee and the rest are “studying the judgement intently and will take legal advice from their respective lawyers”.

    CHC’s operations will continue, with the new management and new Church Board that were introduced in 2012 running the church, said Ms Ho who called on the church to “stay on course with CHC 2.0”.

    “God is making us stronger, purer and more mature as a congregation,” she said on behalf of the CHC Management Board.

     

    Source: www.todayonline.com