Cambodian national Su Wenqiang was sentenced to 13 months’ jail on April 2 after pleading guilty to two money laundering charges. - CHINA POLICE
SINGAPORE: Cambodian national Su Wenqiang - the first person to be sentenced in Singapore’s largest money laundering case - will be deported after he is released from prison.
In response to queries from The Straits Times on what will happen to Su after his release, an Immigration and Checkpoints Authority (ICA) spokesman said foreigners convicted of offences in Singapore will be deported after serving their sentences and barred from re-entering Singapore.
ICA added: “The location of deportation is dependent on the admissibility of the foreigner based on his or her valid passport.”
Su, 32, was sentenced to 13 months’ jail on April 2 after pleading guilty to two money laundering charges, becoming the first of 10 foreigners to be convicted over a probe that saw more than S$3 billion in cash and assets seized.
He was arrested on Aug 15, 2023, and has since been in remand for almost eight months.
Associate Professor Mervyn Cheong from the National University of Singapore’s law faculty said if Su’s sentence is backdated to his date of arrest, then he might be out at the end of April, or early May.
Under the Prisons Act, an inmate will receive a one-third remission unless certain incidents occur while he serves his sentence - for example, he commits an offence such as rioting in prison.
Prof Cheong, who practises at Advocatus Law, said with the remission, Su’s effective jail term is about 8½ months.
Prof Cheong said from his experience, when a foreigner is jailed, he will be deported when he completes his sentence.
This is because they are no longer considered desirable persons to remain in Singapore, and not because there is any law or international agreement that governs the deportation of such offenders, said Prof Cheong.
He added the foreigner or his family has to pay for his own airfare.
On which country Su would go to, Prof Cheong said it is not where Singapore wants to deport Su, but where his passport allows him to travel. He said foreign offenders will usually travel back to where they are a citizen of.
Su became a Cambodian national on Oct 7, 2019. He also holds passports from Vanuatu and China.
Alexander Woon of RHTLaw Asia said deportation is different from extradition, where a state seeks the return of an accused person in order to prosecute them.
Su has been on China’s wanted list for illegal online gambling activities since 2017.
Singapore does not have extradition treaties with China and Cambodia. However, it has an extradition arrangement with Vanuatu, a part of a scheme for extradition within Commonwealth countries.
On whether Su’s family might be deported, Woon said it depends on their own immigration status and whether they have violated any conditions of their permit or pass.
Woon, who lectures at the Singapore University of Social Sciences, said: “It’s not clear whether his family has independent rights to be here on their own, or whether they are parasitic on his permit or pass.”
Su admitted to two money laundering charges over his possession of more than $600,000 in cash – benefits from unlawful remote gambling offences – and the use of $500,000 in criminal benefits to buy a Mercedes-Benz car.
Another nine charges were taken into consideration for his sentencing. They comprise six for money laundering, one for possessing a forged marriage certificate and two for making false statements to the Ministry of Manpower.
His lawyers and the prosecution held multiple pre-trial conferences that were not open to the media.
Prof Cheong said his lawyers would have asked the prosecution for a plea offer.
This means if the accused person pleads guilty, the prosecution will proceed on a certain number of charges and apply for the other charges to be taken into consideration for sentencing, instead of proceeding on all charges.
Prof Cheong said to obtain a plea offer, the defence could provide more evidence to the prosecution about the culpability or involvement of their client in the crime.
The accused person could also offer more information in a show of remorse.
Su has forfeited his assets worth over $5.9 million to the state. They included a Graff diamond ring, a pair of Dior earrings, a Tiffany & Co bracelet, a Prada bag, a Toyota Alphard vehicle, bottles of Macallan Scotch whisky and cash.
Woon said a plead guilty sentence is roughly expected to be one-third less than a trial sentence, if the accused pleads guilty quickly.
However, he added this discount diminishes if the accused pleads guilty closer to trial.
Had Su claimed trial, Prof Cheong said he would not have had any sentencing discounts.
Prosecutors said in court a 30 per cent discount was already factored in for the sentence of 12 to 15 months’ jail which they had sought for Su.
Said Prof Cheong: “In Su’s case, probably his agreement to forfeit a very substantial amount of seized assets, instead of contesting the forfeiture, showed his remorse and gave good grounds for a plea offer to be extended.” - The Straits Times/ANN
