'Serious flight risk': David Yong from Netflix's Super Rich In Korea fails in third bid to leave Singapore

SINGAPORE: Singaporean businessman David Yong failed in his third bid to leave the country, after a court deemed him a "serious flight risk" on Thursday (Mar 20). 

Yong, the 37-year-old CEO of multinational business and holding company Evergreen Group Holdings, returned to court for an application to visit Seoul from Mar 21 to Mar 29 and Malaysia from Mar 29 to Apr 2, for business.  

The Singaporean, whose full name is Yong Khung Lin, has appeared on the Netflix show Super Rich in Korea, which showcases the lifestyles of extremely affluent people who set up base in Korea. Yong has said he is part of "Singapore's top 1 per cent super rich" in the show. 

He was first charged on Aug 3, 2024 and has been out on bail of S$1 million (US$749,000). Since then, he has filed two applications to leave the country for business, to no avail. His lawyers have also applied to reduce his bail amount. 

Yong currently faces four charges of abetting others to falsify papers belonging to Evergreen GH with intent to defraud. These relate to tax invoices over the sale of furniture, interior design services, or household fittings and appliances, and financial statements belonging to Evergreen GH.

His lawyers have said that Yong's travel plans are for legitimate business purposes, and are for him to conduct meetings with media companies for marketing projects and potential K-pop project collaborations, among other purposes. 

Yong also needs to travel to Kuala Lumpur to meet business partners over the porting over of investments to a separate entity, as investors have been unable to obtain interests from the company ever since Evergreen Group's bank accounts were frozen due to investigations.

STATUS OF CAMBODIAN PASSPORT

In August last year, Yong's application to go to Japan was denied after the court deemed that his presence there was not necessary and that he had access to substantial funds there, increasing his flight risk.

On Feb 19, Yong's second application to leave the country was rejected by District Judge Brenda Tan, who also presided over Thursday's hearing.

A key issue at the previous hearings was the status of Yong's Cambodian passport, with its whereabouts unknown.

The fate of the Cambodian passport was clarified by Yong's lawyers during Thursday's hearing, with the defence counsels citing evidence that the passport has been cancelled. Yong is represented by lawyers Melanie Ho, Tang Shangwei and Neo Yi Ling, who hail from Wong Partnership. 

Ms Ho said the defence obtained videos and photos showing that Yong's Cambodian passport is in the possession of Cambodian authorities with the word "cancelled" stamped on it. 

She said that this was conclusive evidence that the passport was "no longer a live issue". 

Ms Ho also rejected the prosecution's suggestion that Yong has been seeking other passports. 

She referred to WhatsApp messages Yong exchanged with a Cambodian agent about the purchase of a property in Grenada, saying that the prosecution had misconstrued its contents.

"What the prosecution seeks to do now is weave some conspiracy theory that he is somehow seeking passports all over. In recent submissions, they mentioned a Cyprus passport based on one image," said Ms Ho. 

While Yong had conversed about applying for another passport, he did not follow through, Ms Ho said. 

She argued that it was up to the prosecution to prove and verify the existence of other passports as the defence could not prove a negative. 

"There is no such thing that exists and we stand by that," said Ms Ho. 

"The burden is on the prosecution to prove he has other passports. They know they cannot so they are relying on flimsy interpretations of long ago WhatsApp messages preceding investigations into this case," said Ms Ho.

She also suggested that the prosecution was bringing up the messages now to place "new concerns" and put "another roadblock" to prevent Yong from travelling. 

She maintained that Yong was not a flight risk as he has cooperated fully with investigations, and will return to Singapore to prove his innocence. 

To say that Yong will give up his reputation and all in Singapore to become a fugitive is "preposterous", the lawyer said. 

NO OFFICIAL CONFIRMATION FROM CAMBODIA: PROSECUTION

In response, Deputy Public Prosecutor Theong Li Han maintained that nothing had changed materially for the court to vary its position on Yong leaving the country, and that he remains a flight risk.  

Ms Theong said there was still no official confirmation from Cambodian authorities on the status of Yong's Cambodian passport.

The prosecution was taking a "neutral position" on the videos and photos submitted by the defence as it could neither affirm nor dispute its authenticity, Ms Theong said. 

This "state of affairs" was Yong's own doing, as he had failed to surrender the Cambodian passport to Singapore's Commercial Affairs Department (CAD) despite having it with him earlier, said Ms Theong. 

The prosecution then pointed out that the WhatsApp messages had come to light only through investigations. 

"The defence is not able to point to anything concrete to support the wholly inappropriate insinuation that the prosecution had already been aware of those messages and for some reason decided to hide them so that (it can) at a later stage place 'new concerns' and yet another roadblock to prevent the accused from travelling," said Ms Theong. 

She disagreed with Ms Ho on the nature of the WhatsApp messages. These related to discussions on passports, visa and travel which "outweigh significantly" any mentions of property investment, Ms Theong said. 

Any mentions of property were used in reference to it as a mode or method of obtaining Grenada citizenship or passport, Ms Theong added. 

While the prosecution was not arguing that Yong had obtained a Grenada passport, he had shown interest obtaining one, the prosecution said. 

JUDGE'S DECISION

Rejecting Yong's application, Judge Tan noted that there was still no official confirmation from Cambodian authorities that Yong's passport had been surrendered. 

"As I have pointed out on Feb 19, Mr Yong's varied accounts of the whereabouts of his Cambodian passport and failure to inform AGC (Attorney-General's Chambers) and CAD upon discovering that he had physical possession of his Cambodian passport in Singapore did not inspire confidence." 

She maintained that official confirmation from the Cambodian authorities was required to put the issue "to rest". 

As to the WhatsApp messages, Judge Tan said it was "troubling" that Yong had revived his conversation with the Cambodian agent about applying for a Grenada passport as recently as January, even when the issue of his Cambodian passport had yet to be resolved.

"This is highly suggestive of his intention to seek citizenship elsewhere," the judge said. 

"I would like to add that even if the Cambodian authorities (could) now confirm that it has custody of his Cambodian passport, his overall conduct and interest displayed in applying for a Grenada passport points to him being a serious flight risk."

The judge accordingly rejected the application and ordered for the bail amount of S$1 million to remain. 

Yong's case is fixed for a pre-trial conference on May 8. 

If convicted of abetting the falsification of invoices, he faces up to 10 years' jail, a fine, or both, per charge.