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A Singaporean man who was a passenger on the World Dream cruise ship on the South China Sea allegedly broke into another passenger's cabin to steal a bra.

According to District Judge Kow Keng Siong's published written judgment, the accused, Ng Kok Wai, faces one charge each for housebreaking and theft.

He allegedly climbed over the balcony of the victim's cabin room and stole a bra and a luggage.

Defence argued that accused cannot be found criminally liable by the Singapore courts

Ng, who claimed trial to his charges, was represented by Ryan David Lim from I.R.B. Law LLP.

Lim argued that Ng cannot be held criminally liable under the Singapore law as his alleged offences were committed on a foreign ship outside of Singapore.

Judge Kow, however, rejected the defence's arguments.

He said that Ng's position that a person cannot be held criminally liable and cannot be tried for offences under the Singapore law "creates a dangerous and unnecessary lacuna (a gap) in our criminal law, and undermines our public and national interests".

He added:

"When a crime has been committed on a cruise ship operating from Singapore involving Singapore citizens and residents, our criminal law must have the ability to bring the perpetrator to justice.

This is especially so where the Flag State does not have the law, or the interest, to prosecute an offence committed on its ship far away from its territory, and where the offender, victim and witnesses are not its citizens or residents."

Prosecution referred to Section 180 of the Merchant Shipping Act as legal basis

Ng's housebreaking and theft offences under Singapore's Penal Code, on their own, do not apply to criminal acts committed on a foreign ship on the high seas.

However, the prosecution argued that it relied on Section 180 of Singapore's Merchant Shipping Act as the legal basis to prosecute Ng.

The prosecution explained that Section 180 of the Act extends the Singapore criminal law to extraterritorial acts, and confers on Singapore courts the jurisdiction to try such criminal acts.

Judge: Section 178 of the Merchant Shipping Act is more applicable

Judge Kow, however, said that the prosecution ought to state Section 178 of the Merchant Shipping Act as the applicable provision.

He said that Section 178 has the effect of extending the Singapore criminal law to criminal acts committed on foreign ships outside of Singapore.

Meanwhile, Section 180 authorises Singapore courts to try offences committed extraterritorially.

Judge's conclusion: The accused can be tried in Singapore

In the conclusion of his written judgement, Judge Kow said that Ng can be tried and convicted on the housebreaking and theft charges "if the elements of these charges were made out".

He added, "Whether the accused is in fact guilty of these charges remains to be determined. This is because I have yet to hear the prosecution’s evidence and the accused’s defence."

The case has been adjourned to allow both the prosecution and the defence to "consider their next course of action".

If found guilty of housebreaking, Ng can be jailed for up to 10 years and fined.

If found guilty of theft, he can be jailed for up to seven years and fined.

Top image via Wikimedia Commons.