CARLOS MANUEL DE SÃO VICENTE v PUBLIC PROSECUTOR

[2023] SGHC 143 High Court (General Division) 17 May 2023 HC/CM 50/2022 42 min read
3 cases cited Cited by 1 case

Outcome

Application dismissed

I therefore dismiss the application.

Source: [2023] SGHC 143, High Court (General Division), decided 17 May 2023. Read directly from the judgment.

Key facts

Court High Court (General Division)
Decided
Judge Vincent Hoong
Charges / claim Criminal Procedure and Sentencing
Outcome Application dismissed
Counsel Attorney-General's Chambers, TSMP Law Corporation, Alan Loh, Daniel Ling, Eric Hu, Neo Zhi Wei Eugene, Phoon Wuei, Thio Shen Yi

Source: [2023] SGHC 143, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (2)

Case Significance

Carlos Manuel De Sao Vicente v Public Prosecutor [2023] SGHC 143 is a reserved judgment of Vincent Hoong J in the General Division of the High Court, delivered on 17 May 2023 in Criminal Motion No 50 of 2022. The applicant, a man who at the peak of his wealth had amassed a fortune of more than a billion US dollars as the majority shareholder of a leading co-insurance firm in Angola's oil industry, had been convicted of tax offences and money laundering by the Angolan courts and described his prosecution as politically motivated. The motion concerns the police power to investigate under s 35 of the Criminal Procedure Code 2010.

[2023] SGHC 143 explained

CARLOS MANUEL DE SÃO VICENTE v PUBLIC PROSECUTOR ([2023] SGHC 143) is a Singapore judgment decided by the High Court (General Division) on 17 May 2023. It is categorised under Criminal Procedure and Sentencing. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC 143 about?

CARLOS MANUEL DE SÃO VICENTE v PUBLIC PROSECUTOR ([2023] SGHC 143) is a High Court (General Division) decision from 2023. Its published catchwords are “Criminal Procedure and Sentencing — Police — Power to investigate — s 35 of the Criminal Procedure Code 2010”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 143 consider?

The judgment refers to Criminal Procedure Code (Cap 68), Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A), Legal Profession Act (Cap 161), and Penal Code (Cap 224). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC 143?

Within this corpus, [2023] SGHC 143 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

Carlos Manuel De São Vicente, an Angolan businessman convicted of tax offences and money laundering in Angola, applied under s 35 of the Criminal Procedure Code for the release of funds from his Bank of Singapore account, seized by the Commercial Affairs Department and holding more than USD558 million, to pay his legal expenses. The court held that release of the seized funds was unnecessary given assets available in Switzerland and Angola, and dismissed the application.

What was Carlos Manuel De Sao Vicente v Public Prosecutor [2023] SGHC 143 about?

Vincent Hoong J heard a criminal motion by Carlos Manuel De Sao Vicente, a former billionaire and majority shareholder of an Angolan oil-industry co-insurance firm, concerning the police power to investigate under s 35 of the Criminal Procedure Code 2010.

What legal question did Carlos Manuel De Sao Vicente v Public Prosecutor [2023] SGHC 143 raise?

The motion raised the scope of the police power to investigate under s 35 of the Criminal Procedure Code 2010, in the context of an applicant who had been convicted of tax offences and money laundering by the Angolan courts.

Statutes Cited

Cases Cited (3)

SLR (3)
[2013] 3 SLR 487 [2013] 4 SLR 1049 [2017] 2 SLR 850

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 143)