Couple not allowed to return to China before COVID-19 trial resumes, after High Court overturns district judge's decision

SINGAPORE: A Chinese couple on trial for obstructing COVID-19 contact tracing efforts will not be allowed to return to China before the trial resumes in January, after a High court review of a district judge's decision granting them permission to leave Singapore.

Justice Vincent Hoong on Monday (Oct 19) agreed with the prosecution's application to overturn the decision by District Judge Ng Peng Hong.

Judge Ng had granted the application on Oct 9 for Hu Jun, 39, and his wife Shi Sha, 37 to leave Singapore for China and to return in January before the trial resumes.

Judge Ng had increased bail by S$80,000 each and imposed conditions such as providing their travel details to their investigating officer.

This was after the couple's lawyer Dhanwant Singh said his clients had spent a long time away from home and that Hu needs to return to China for business reasons.

Deputy Public Prosecutor Timotheus Koh had objected, and said the pair would abscond as neither of them has any ties or roots in Singapore.

"All we have is really the accused persons' say that they will not abscond. This is not sufficient," Mr Koh had said.

The lower court judge had granted the application after hearing from the couple's bailors and from Shi, who said she and her husband have been cooperative during the investigation and will come back to Singapore "very responsibly".

READ: COVID-19: China couple claim trial to withholding information from officers, obstructing contact tracing

"HIGH FLIGHT RISKS"

The prosecutor on Monday reiterated his reasons for asking the High Court to require the couple to remain in Singapore until proceedings are concluded.

He said both Hu and Shi are "high flight risks" as they are foreign nationals in Singapore on special passes, with no jobs or family here.

He added that the increase of bail by S$80,000, as asked for by the district judge, was not enough to mitigate the high flight risk.

"Most pertinently there is no indication that the trial judge had considered the source of funds that are being advanced for the bail or the steps that the bailors would take to fulfil their duty of ensuring that the respondents return to Singapore to answer the charges against them," said Mr Koh.

If the couple leaves Singapore, they will "lie out of reach in a different jurisdiction ... with which we have no extradition treaty", he added.

Defence lawyer Dhanwant Singh urged the High Court judge to dismiss the prosecution's application, saying that the district judge had granted his clients their application to leave Singapore after he had "considered all the factors". 

In response to the prosecutor's argument that the defence had tendered no documents to support its bid, Mr Singh said he had enclosed a document from Hu's employer.

The employer said Hu earned 500,000 yuan (S$101,000) per year for his customer manager job and had a good record with no prior criminal convictions.

READ: Couple allowed to return to China before COVID-19 trial continues, prosecution seeks review of decision

The prosecution concluded its case in August and the next tranche of the trial is set to begin on Jan 25 next year.

Hu and Shi are accused of obstructing contact tracing efforts by health authorities by omitting information about their whereabouts.

If convicted of the offences, they face penalties of up to six months' jail, a maximum S$10,000 fine or both, for each charge.

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