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Yang Yin has to wait for CAD to release insurance policies he needs to raise cash with
Published on May 5, 2015 4:52 PM
Following the closed-door hearing, Yang's lawyer Joseph Liow said that the CAD had filed an affidavit with the State Courts for the assets to be released. -- PHOTO: ST FILE
By Carolyn Khew And Toh Yong Chuan
SINGAPORE - In a fresh twist, the Commercial Affairs Department (CAD) has provided information in a High Court case involving former China tour guide Yang Yin.
Last month, the High Court allowed Yang to liquidate two life insurance policies worth about $98,000 to pay for his legal fees. But in a closed-door hearing on Tuesday, the CAD told the High Court that it had seized both policies for criminal investigations last year and they cannot be released yet.
Following the closed-door hearing, Yang's lawyer Joseph Liow said that the CAD had filed an affidavit with the State Courts for the assets to be released.
The Attorney-General's Chambers later explained that CAD intended to file a report in the State Courts to release the insurance policies to the person entitled to the possession of the policies. A magistrate's hearing on the matter will be held at a later date.
But even once this is settled in Yang's favour, the 41-year-old still faces another battle to liquidate the policies. Madam Hedy Mok, a 61-year-old tour agency owner, has filed an appeal against the court's earlier decision to allow Yang to liquidate them.
Madam Mok has accused Yang of manipulating her wealthy 88-year-old aunt Chung Khin Chun.
Yang met Madam Chung in 2008 in Beijing when he acted as her private tour guide. A year later, he moved into her bungalow.
In 2012, he was given the right to manage her assets and welfare under the Lasting Power of Attorney (LPA) scheme. But last September, Madam Mok evicted Yang and his family from the bungalow and started a series of proceedings against him.
Two months later, a court revoked the LPA.
Yang now faces more than 300 charges in total, including two criminal breach of trust charges for allegedly misappropriating $1.1 million from the wealthy widow.
Tussle over widow's assets: Former China tour guide Yang Yin has 'arguable case'
Mr Yang Yin in a police car on Nov 5, 2014.PHOTO: ST FILE
Published 19 August 2015
K.C. Vijayan
Senior Law Correspondent
SINGAPORE - The tour guide facing a civil lawsuit over his alleged control of a widow’s $40 million assets has an “arguable case”, a High Court judge has ruled.
Justice Judith Prakash said this in judgement grounds released yesterday, which explain why she ordered the release of Mr Yang Yin’s $98,000 insurance policy to help him pay his legal bills.
“Looking at the events that occurred from 2008 until the end of 2010, I was satisfied that Mr Yang had an arguable case of gift in response to (the rich widow)’s claim,” she wrote.
But the judge stressed she was not examining the merits of his case or Madam Chung’s, adding “at this stage I am simply looking at the circumstances in the round to ascertain if Mr Yang can put forward an argument.
“Whether this argument succeeds will depend on how the evidence develops at the trial, including in relation to the undue influence contention.”
Mr Yang, 44, is being sued for damages by Madam Chung Khin Chun, 88, through her niece Hedy Mok, 61, for allegedly manipulating the former into handing over assets worth an estimated $40 million.
Mr Yang, who met Madam Chung in 2008 while acting as her private tour guide in Beijing, moved into her bungalow the following year and claimed the widow treated him as her “grandson”.
In the run-up to the civil suit,the court barred him last August from removing any of his assets or diminishing the value of any of his assets owned or jointly held , either here or abroad. Among these were two life insurance policies worth a total of $98,000.
The freeze meant he was unable to access his bank accounts and in April, Mr Yang, through his lawyer Joseph Liow, proposed to the court to liquidate the insurance policies to pay for his legal costs to fight the case. He had exhausted all means to borrow from family or friends.
Lawyer Peter Doraisamy, representing Madam Mok, opposed the move arguing Mr Yang had to show he had no funds of his own to draw and that he had an arguable case to show that the insurance funds like any of the other assets, belonged to him as they had been paid for by Madam Chung.
Justice Prakash found that Mr Yang’s external resources had all dried up and he had no access to funnds to conduct his defence.
Mr Yang, currently on remand for criminal charges, had no prospect of “generous lenders” willing to advance money, she noted.
Mr Liow said there was an arguable case that Madam Chung had paid for the insurance policies as a gift to Mr Yang as a symbol of her “love and affection” for him.
Justice Prakash ruled the requirement was for Mr Yang to show he had an arguable case and not that his defence would succeed at trial.
“The strength of his defence that they were gifts to him could conceivably vary from asset to asset,” she said, adding the claim of undue influence on his part might also have to be established in relation to each gift.
The judge added the case to draw the funds from the insurance polices was stronger compared to other assets, as it was less likely that Madam Chung wanted him to use the cash to look after her. Madam Mok is appealing against the decision.
Mr Yang Yin in a police car on 5 November 2014. The former China tour guide faces 11 charges of falsifying receipts worth $28,000 to his firm Young Music and Dance Studio and also accused of manipulating a wealthy 87- year-old widow Chung Khin Chun, into giving him control of her assets, believed to be worth $40 million. Photo: The Straits Times
K.C Vijayan
Friday, Aug 28, 2015
Claims by former China tour guide Yang Yin that he moved in with rich widow Madam Chung Khin Chun to take care of her was nothing but a lie. It was instead part of a carefully crafted "web of deceit" to get his hands on the 88-year-old's $35 million fortune.
This is how District Judge Shobha G. Nair described a chain of events, in which Yang cut Madam Chung off from friends and neighbours, fired her maid and driver, and through undue influence, made him the sole beneficiary of her will.
Three months ago, the district judge threw out that will in a closed-door hearing and replaced it with a new one in which nearly all her assets will go to charitable causes - a decision which Yang is appealing.
Yesterday, her grounds of judgment was released, and they revealed shocking testimony from Madam Chung's friends and former employees on Yang's behaviour.
Madam Chung met Yang during a China tour in 2008. She went with a 84-year-old woman, who was a close friend and had known Yang since 2005. He was their tour guide.
In 2009, he moved into Madam Chung's bungalow in Gerald Crescent, set up a company with her, and received permanent residency.
The close friend, who had been living with Madam Chung since 2004, decided to move out in 2011 and said it had become apparent Yang had control over the widow's money.
The court also heard how in 1989, Madam Chung executed a will in which much of her assets would go to a trust fund that would benefit various charities, including the Community Chest and Society for the Prevention of Cruelty to Animals.
In 2008, a year after the death of her husband Dr Chou Sip King, she told lawyers, one of whom was a family friend, that she wanted to update the will, to leave her close friend and long-time employees with enough living expenses.
She also wanted to set up a trust fund in her late husband's name to benefit charity.
But in 2010, she arrived at the lawyers' office with Yang, and introduced him as her nephew. He claimed that he was working at the Chinese Embassy, and declined to hand over his name card, saying that it was inappropriate to do so.
In subsequent meetings, Yang became her mouthpiece and told the lawyers their services were no longer needed. In 2009, and then 2010, Madam Chung, who was diagnosed with dementia last year, changed her will through another lawyer, leaving everything to Yang.
See also: Ex-tour guide has 'arguable case of gift'
Witness affidavits presented by lawyers for the plaintiff, Madam Chung's niece Madam Hedy Mok, described Yang as a gold-digger who frequently asked the widow for money and luxury items.
An Indonesian maid who worked for Madam Chung said that before Yang brought his wife and children to live with him, he would entertain woman visitors at night.
She testified that he stopped Madam Chung from visiting her regular doctor and changed her medication.
She observed Madam Chung's health getting worse. She was also told by Yang not to allow Madam Chung's friends to come by.
Yang's defence did little to counter these allegations.
The judge, who did not name the parties involved, questioned why Yang would leave his own parents in China to take care of a woman he was not related to.
"His benevolence had a price," she said. "The unfortunate reality is that (Madam Chung's) money and assets were (Yang's) sole interest and he pursued it with unconscionable drive."
Former tour guide 'runs out of cash to pay legal bills'
Former China tour guide Yang Yin has run out of cash to pay his legal fees, said his lawyer yesterday. PHOTO: ST FILE
Published 3 September 2015
Court says China national cannot liquidate $98,000 worth of insurance policies for now
Carolyn Khew
Former China tour guide Yang Yin has run out of cash to pay his legal fees, said his lawyer yesterday.
Mr Joseph Liow was speaking to reporters after a State Court hearing in which the judge decided not to let Yang liquidate $98,000 worth of insurance policies for now.
The policies are in his name, but there is a dispute as to who is entitled to the proceeds. Madam Hedy Mok, a 61-year-old tour agency owner, alleges that the money came from her 88-year-old widowed aunt who had been manipulated by Yang, a China national.
She has sued Yang and successfully applied in August last year to freeze his assets, including the insurance policies. Since October, Yang, 41, has also been in police remand after being charged with faking receipts and allegedly misappropriating $1.1 million from the estate of Madam Mok's aunt, Madam Chung Khin Chun.
When the High Court in April granted permission to liquidate the policies, it was revealed that they had been seized by the Commercial Affairs Department as part of its investigations. That is why the matter returned to the State Courts.
It was decided yesterday that the policies would remain untouched until Madam Mok's suit against Yang is settled, Mr Liow said. The trial date for the suit has been tentatively set for March.
"He has no funds right now. There have been no funds available to my client for quite some time," he explained. He would not be drawn into saying whether he has been paid by Yang.
Madam Mok's lawyer, Mr Peter Doraisamy, said his client will still appeal against the High Court's decision to allow Yang to liquidate the policies.
"The appeal has to go on. That is because there is still an order that allows him to use the proceeds of the insurance policies towards legal fees," he said.
Madam Chung owns a Gerald Crescent bungalow and her assets are estimated at $40 million.
Yang met Madam Chung, a retired physiotherapist, in 2008 when he acted as her private guide during a China trip. A year later, he moved into her bungalow and claimed the widow wanted him to be her "grandson".
Earlier this year, the courts threw out a 2010 will in which Madam Chung - who was diagnosed with dementia last year - left all her assets to Yang.
It was replaced by one which left him with nothing, and would see most of her money go to charity.
Former China tour guide Yang Yin's bid to cash out on life insurance policies blocked again
Former China tour guide Yang Yin leaving the Police Cantonment Complex on Sept 18, 2014.ST PHOTO: WONG KWAI CHOW
Published Sep 23, 2015, 1:26 pm SGT
SINGAPORE - Former China tour guide Yang Yin's attempt to dip into two life insurance policies to pay for legal fees ran into another roadblock at the High Court on Wednesday.
In April, the High Court allowed him to liquidate two life insurance policies worth about $98,000 to pay for his legal fees. The policies will help cover his legal bill in a high-profile High Court suit brought against him by Madam Chung Khin Chun, 88, through her niece Hedy Mok.
The Singapore permanent resident's assets were frozen last August after Madam Mok, 61, accused him of masterminding control over her aunt's assets, estimated to be worth $40 million.
Madam Mok has appealed against the High Court decision to release the insurance policies and the appeal will be heard in March next year. While the life insurance policies are in Yang's name, Madam Mok has argued, though her lawyer, that they were bought using her aunt's money.
On Wednesday, Madam Mok also put in a new High Court application for the policies to remain out of Yang's reach until the outcome of the appeal is final. This means that Yang cannot touch the policies at least until next month when the new application is heard again.
The latest development in the High Court is the second setback that Yang faced in his attempt to cash out on the life insurance policies to pay for his legal fees.
Earlier this month, the State Court also decided not to let Yang liquidate the policies. The State Court hearing was a separate one because the Commercial Affairs Department (CAD) separately seized the insurance policies last year for criminal investigations.
Yang met Madam Chung, a retired physiotherapist, in 2008 when he acted as her private guide during a China trip. A year later, he moved into her bungalow and claimed the widow wanted him to be her "grandson".
Apart from the civil court cases, Yang has been charged with falsifying receipts at his company and misappropriating $1.1 million from the estate of Madam Chung. He has been in remand since Oct 31 last year after his bail application was denied.
Widow to get $6,000 a month from Yang Yin's frozen assets
Yang Yin and Madam Chung Khin Chun.
Photo: The Straits Times
Friday, Oct 30, 2015
SINGAPORE - Wealthy widow Chung Khin Chun, the woman in the centre of a legal tussle with former China tour guide Yang Yin, has been granted permission to withdraw $6,000 monthly from Yang's frozen assets.
According to lawyer Peter Doraisamy, who is representing Madam Chung's niece Hedy Mok, Yang did not object to Madam Mok's application to withdraw the money, which is meant for Madam Chung's daily expenses.
Lianhe Zaobao said in a report that the High Court has approved the application.
Madam Mok, 61, sued 40-year-old Yang last year, claiming that the China national manipulated her 88-year-old aunt into handing over her assets - estimated to be worth about $40 million - to him. Madam Mok successfully applied to freeze his assets in August last year.
As Yang is currently facing criminal charges too, it is understood that Madam Mok now has to apply to the Magistrates' Court for approval to withdraw the money, Lianhe Zaobao said.
The High Court yesterday also approved a request by Madam Mok to stop Yang from liquidating his life insurance policies, the Chinese daily said.
Madam Mok is appealing against a High Court ruling allowing Yang to liquidate two policies, worth about $98,000, to pay legal fees. The case is scheduled to be heard in the Court of Appeals in February.
Madam Mok's civil suit against Yang is scheduled to be heard in court in March. Yang is currently in remand because of criminal charges.
Madam Chung's personal banker said there was no mention by the widow that Yang (above) could use any of her monies for his own, save for a $5,000 monthly sum to pay for personal expenses while he resided in Singapore.ST FILE PHOTO
Published Jan 28, 2016, 5:00 am SGT
Personal banker says widow's money to be held in trust, not gifted to ex-guide Yang Yin
The Yang Yin saga, which had fallen off the radar some months back, has returned to the spotlight, thanks to new evidence produced in court on Tuesday.
Wealthy widow Chung Khin Chun, 89, and her niece, Madam Hedy Mok, 62, have tracked down a star witness - the personal banker who served Madam Chung and former tour guide Yang Yin.
The key witness has given written testimony that the money that Yang claimed was gifted to him by the widow was, in fact, held in trust so that he could look after her.
Madam Mok, a tour agency owner, had sued Yang in the High Court in 2014 for allegedly manipulating her aunt into handing over control of her assets - estimated to be worth $40 million, including a Gerald Drive bungalow.
The new evidence, which was submitted at a closed-door pre-trial conference at the High Court on Tuesday, has prompted the court to set new trial dates so that Yang has time to prepare his rebuttal. The trial was to have started in March.
"The new trial is likely to be held next year," said Madam Mok's lawyer, Mr Peter Doraisamy.
In court papers seen by The Straits Times, the former bank relationship manager described Madam Chung as a "high net worth customer" whom he attended to in 2009 when she visited the bank with Yang.
Madam Chung had updated her bank and investment accounts to make Yang a joint account holder with full access, changes that the bank approved.
"At all times, there was no mention (by Madam Chung) that the first defendant (Yang) could use any of Madam Chung's monies for his own, save for the monthly sum of $5,000 to pay for his personal expenses while he resides in Singapore," said the witness in his affidavit.
"I assisted with the transactions on the understanding that the funds would be used by the first defendant (Yang) to take care of Madam Chung."
His statement contradicts Yang's claim that the monies were gifts from Madam Chung because she treated him as her "grandson".
In his affidavit, the witness said that he also handled the purchase of two endowment plans by Madam Chung and Yang in 2010.
The plans were bought on the agreement between Madam Chung and Yang that the widow's estate is the "ultimate beneficiary" in the event of her death and Yang would hold the policies as trustee, said the witness.
They are now the subject of a High Court tussle between Yang and Madam Mok. In April, the High Court allowed Yang to dip into the policies worth about $98,000 to pay for his legal fees.
Madam Mok has appealed against the High Court decision to release the insurance policies and the appeal will be heard next month.
Yang Yin saga: Court of Appeal overturns decision to release funds for former tour guide's legal fees
Yang Yin in a police car on Nov 5, 2014. PHOTO: ST FILE
Published Feb 29, 2016, 1:50 pm SGT
Carolyn Khew
Toh Yong Chuan
Manpower Correspondent
SINGAPORE- In a significant victory for wealthy widow Madam Chung Khin Chun, the Court of Appeal on Monday (Feb 29) overturned an earlier High Court decision to release about $98,000 for former China tour guide Yang Yin's legal fees.
Last year, Madam Hedy Mok - Madam Chung's niece - appealed against the High Court's decision to allow Yang to liquidate two life insurance policies worth about $98,000 to pay his legal fees.
In a judgment overturning the decision made by Justice Judith Prakash in April last year, Chief Justice Sundaresh Menon and Judge of Appeal Chao Hick Tin said Yang had to prove that he had no other source of funds to pay for his legal fees.
However, bank statements produced by Madam Mok's lawyers Peter Doraisamy and Andrew Lee showed Yang had about $4 million which remained unaccounted for.
These were funds that had been withdrawn during the period from October 2009 to August 2014. It is not known where the funds had been transferred to.
"Mr Liow said he was taken by surprise but we do not accept that," said Chief Justice Menon.
Speaking to reporters after the hearing, Yang's lawyer Mr Joseph Liow said that he will be talking to his client to find out what should be done next. According to Mr Liow , he has not received legal fees from his client since December 2014.
Monday's Court of Appeal hearing marked the first time that the lawyers representing Yang and Madam Mok sparred in an open court.
Madam Chung, 89,owns a bungalow in Gerald Crescent and her assets are estimated to be worth $40 million. Since 2014, Madam Mok started a series of legal actions against Yang for allegedly manipulating her aunt into handing over her assets.
Yang met Madam Chung, a retired physiotherapist, in 2008 when he acted as her private guide during a China trip. A year later, he moved into her bungalow and claimed the widow wanted him to be her "grandson".
Apart from the civil court cases, Yang has been charged with falsifying receipts at his company and misappropriating $1.1 million from the estate of Madam Chung.
He has been in remand since Oct 31, 2014 after his bail application was denied.
Former China tour guide Yang Yin plans to contest criminal case
Former China tour guide Yang Yin in a police car on Nov 5, 2014.PHOTO: ST FILE
Published 9 hours ago
Carolyn Khew
Toh Yong Chuan
Manpower Correspondent
SINGAPORE- Former China tour guide Yang Yin will be claiming trial for all 349 criminal charges brought against him, his lawyer said on Tuesday (March 29).
Mr Wee Pan Lee, who is representing Yang in the criminal case, told The Straits Times: "He is claiming trial, for now. Things can change."
Yang, 42, who has been in remand since October 2014 after he was denied bail, turned up in court on Tuesday when his criminal case was fixed for mention.
He was seen in the accused holding room dressed in a purple jumpsuit with neatly trimmed hair, occasionally peering out of the room when Mr Wee was outside.
Yang faces more than 300 charges over immigration offences and the falsification of receipts made to his company, Young Music and Dance Studio.
The High Court had last year allowed Yang to liquidate two life insurance policies worth about $98,000 to pay his legal fees.
Madam Chung's personal banker said there was no mention by the widow that Yang (above) could use any of her monies for his own, save for a $5,000 monthly sum to pay for personal expenses while he resided in Singapore.
The most serious charges, however, are two counts of criminal breach of trust for allegedly misappropriating $1.1 million from 89-year-old wealthy widow Madam Chung Khin Chun. These charges will be heard in a separate trial, Mr Wee said.
For each charge, he could be jailed up to seven years and fined.
In 2008, Yang met Madam Chung, a retired physiotherapist, when he acted as her private guide during a China trip.
A year later, he moved into her bungalow and claimed the widow wanted him to be her "grandson".
He was later given the right to manage her assets and welfare under the Lasting Power of Attorney (LPA) which has since been revoked.
An earlier will made in 2010 in which he stood to inherit all of Madam Chung's assets has also been replaced by a new statutory will, and most of Madam Chung's fortune will now go to charity.
Separately, Madam Chung's niece Madam Hedy Mok is also suing Yang in the High Court for allegedly manipulating her aunt into handing over control of her assets worth $40 million.
Ex-tour guide Yang Yin's trials on 349 charges to start on May 30
Former China tour guide Yang Yin (centre), who faces 349 criminal charges, will be tried in court between May and July. PHOTO: ST FILE
Published Mar 30, 2016, 11:35 am SGT
Carolyn Khew
SINGAPORE - Former China tour guide Yang Yin, who faces 349 criminal charges, will be tried in court between May and July.
The State Courts on Wednesday (March 30) scheduled his trial during a pre-trial conference.
The trial for his falsification and immigration charges will be held between May 30 and June 3 while his criminal breach of trust charges will be heard separately in June and July.
Most of Yang's charges are over immigration offences and the falsification of receipts made to his company, Young Music and Dance Studio. The receipts allegedly made it seem that his firm, through which he obtained permanent residency, was viable and had received $450,000 in payment for services.
The most serious charges, however, are two counts of criminal breach of trust, of allegedly misappropriating $1.1 million from 89-year-old widow Madam Chung Khin Chun. For each charge, the 42-year-old could be jailed up to seven years and fined.
On Tuesday, Yang's lawyer Mr Wee Pan Lee said his client will be claiming trial for all charges although "things can change". He added that the criminal charges will be heard separately in two trials as the facts are different.
Yang has been in remand since October 2014 after he was denied bail.
The case was initiated in 2014 when Madam Chung's niece, Madam Hedy Mok, started a series of legal actions against Yang for allegedly manipulating her aunt into handing over her assets. Madam Chung owns a bungalow in Gerald Crescent and her assets are estimated to be worth $40 million.
Yang met Madam Chung, a retired physiotherapist, when he acted as her private guide during a China trip in 2008. A year later, he moved into her bungalow and claimed the widow wanted him to be her "grandson".
He was later given the right to manage her assets and welfare under a Lasting Power of Attorney, which has since been revoked.
Former China tour guide Yang Yin, who faces 349 criminal charges, will be tried in court between May and July. The State Courts yesterday scheduled the trial dates during a pre-trial conference.
The hearing for his falsification and immigration charges will be held between May 30 and June 1, while his criminal breach of trust charges will be heard separately in June and July.
Most of the 42-year-old Chinese national's charges are over immigration offences and the falsification of receipts made to his company, Young Music and Dance Studio.
The receipts allegedly made it seem that his firm, through which he obtained permanent residency, was viable and had received $450,000 in payment for services.
The most serious charges, however, are two counts of criminal breach of trust, of allegedly misappropriating $1.1 million from 89-year-old widow Chung Khin Chun. For each charge, he could be jailed up to seven years and fined.
Earlier, Yang's lawyer Wee Pan Lee said his client would claim trial for all charges, although he added: "Things can change." Yang has been in remand since October 2014.
In 2014, Madam Chung's niece, Madam Hedy Mok, started a series of legal actions against Yang for allegedly manipulating her aunt into handing over her assets. Madam Chung owns a bungalow in Gerald Crescent and her assets are estimated to be worth $40 million.
Yang met Madam Chung, a retired physiotherapist, when he acted as her private guide during a China trip in 2008. A year later, he moved into her bungalow and claimed the widow wanted him to be her "grandson".
Yang (above), Madam Mok and Madam Chung. Under the law, Madam Mok will not have to foot the legal fees for the case with Yang.
Published Apr 11, 2016, 5:00 am SGT
Toh Yong Chuan
Manpower Correspondent
Carolyn Khew
The nearly two-year tussle between former China tour guide Yang Yin and wealthy widow Chung Khin Chun over the control of her assets has thrown up a little-known aspect of legal fees in such cases.
Although Madam Chung does not have the mental capacity to act for herself, the law allows for her estate, estimated to be worth $40 million, to cover the legal bill.
There are also steps in place to ensure that the estate is not overcharged, said lawyer Peter Doraisamy, who is representing the widow's niece Hedy Mok.
Madam Mok, who has been appointed as her aunt's deputy under the Mental Capacity Act, has a legal bill of about $450,000 so far. It comprises about $376,000 in legal fees, $47,000 in disbursements and $27,000 in goods and services tax.
But she will not have to pay a single cent eventually. The Mental Capacity Act, which kicked in from March 2010, has a provision that allows for her to recover the legal costs from her aunt's estate.
Madam Chung was diagnosed with dementia in 2014.
Family lawyer Sim Bock Eng from WongPartnership said the provision is a "fair and reasonable" one.
Without this rule, the deputy would have to spend his or her own money to carry out the wishes of the patient. "This may disincentivise one from agreeing to be appointed as a deputy," she said.
It is unclear how many times legal fees have been charged to a person's estate in cases linked to the Mental Capacity Act. The Family Justice Courts did not respond to queries by press time.
Mr Doraisamy said there is a "very stringent regime in place" to protect the likes of Madam Chung.
"All fees in respect of court proceedings involving a patient lacking mental capacity under the Mental Capacity Act are to be taxed (scrutinised) by the court. This ... ensures that all fees and expenses are fair and reasonable within the circumstances of the case," he said.
The fees are also monitored by the Office of the Public Guardian, he added.
Madam Mok's legal bill covers two years of work in at least six separate proceedings in the High Court, Court of Appeal and Family Justice Courts.
The amount of the bill depends on factors such as the complexity of the case, the amount of work done in the case and the value of the claims.
The fees would have been higher if not for about $80,000 that the law firm waived for making a new statutory will and handling the appeal that Yang is making against it.
In 2014, Madam Mok commenced legal actions against Yang for allegedly manipulating her aunt into handing over her assets. Madam Chung, 89, met the former tour guide in 2008 in Beijing.
Yang was given the right to manage her assets and welfare under the Lasting Power of Attorney that she supposedly gave him in 2011. This was revoked in 2014.
While the Family Justice Courts recognised a new will made by Madam Chung last year, Yang is appealing against this decision. Under the new will, most of Madam Chung's assets will go to charity.
Separately, Yang faces more than 300 criminal charges and the trial for his criminal case is expected to start next month.
File photo of former China tour guide Yang Yin in a police car, on Nov 5, 2014. PHOTO: ST FILE
Published Apr 11, 2016, 5:00 am SGT
Carolyn Khew
Toh Yong Chuan
Manpower Correspondent
The lawyer who represented the family of a full-time national serviceman, who died after an allergic reaction to smoke grenades, is now representing former China tour guide Yang Yin.
Lawyer Irving Choh yesterday confirmed that he has taken over the civil case from Mr Joseph Liow, as of last Friday.
Both were connected through a former client of Mr Choh's who knows Yang's sister in China, the lawyer told The Straits Times.
"Yang Yin just wants a new perspective on this matter," said Mr Choh. He has visited his client a few times in prison where he is in remand.
Mr Liow, Yang's former lawyer, said he is cooperating with Mr Choh to hand over the files for the civil case. He added: "Clients are allowed to change lawyers at any point of time."
Mr Liow declined to comment on the legal fees that Yang owes him. He had previously said in court that he has not been paid since December 2014.
Mr Choh, founder of law firm Optimus Chambers, has been practising for more than 20 years.
Recently, he represented Private Dominique Sarron Lee's family, who tried to sue the Singapore Armed Forces and two officers for alleged negligence.
High Court dismisses Yang Yin's appeal over widow's will
The High Court has dismissed an appeal by former China tour guide Yang Yin, who claimed a procedural failure in proceedings. PHOTO: ST FILE
Published 6 hours ago
Carolyn Khew
SINGAPORE- The High Court has dismissed an appeal by former China tour guide Yang Yin to set aside a wealthy widow's new will and have the application reheard.
Yang had argued that there was a procedural failure in the proceedings as the judge had denied his lawyers the chance to cross-examine witnesses that gave evidence supporting the statutory will application.
In April last year, the Family Justice Courts had recognised a new will made by 89-year-old widow Madam Chung Khin Chun, where most of her assets worth an estimated $40 million would go to charity. The new will replaced an earlier one made in 2010 where Yang stood to inherit everything.
Among other factors, the court had decided to recognise the new will based on evidence by several witnesses that Madam Chung had made the 2010 will under the undue influence of Yang.
In a judgment released on Monday (April 18), High Court judge Judith Prakash said Yang had the opportunity to call upon witnesses for cross-examination but did not do so.
Yang also wanted to call upon two key witnesses - the lawyer who had prepared the 2010 will and a prior one in 2009, as well as the doctor who had examined Madam Chung before she executed either will.
He asked for a "retrial" so that these witnesses could cross-examined before the court decides whether undue influence had been be exercised in the making of the 2010 will.
Justice Prakash pointed out that Yang was also given ample time to consider if he wanted to call on witnesses for cross-examination, but elected to leave that decision to the courts.
She also noted that Yang had failed to rebut "serious" allegations that the earlier will was made under undue influence and fraud.
"Nowhere in his affidavit did the appellant(Yang) actually assert, for instance, that he had allowed P (Madam Chung) free choice in her decisions...," said Justice Prakash.
"This was a surprising position to adopt, at any stage in the proceedings, in response to allegations which were both serious and specific."
Yang, 42, is currently in remand after being denied bail in October 2014. His criminal trial is scheduled to start later next month.
The woman at the heart of the saga is 89-year-old widow Chung Khin Chun, who was diagnosed with dementia in 2014. Her assets, which include a Gerald Crescent bungalow off Yio Chu Kang Road, are estimated to be worth $40 million.
YANG YIN
The 42-year-old former tour guide is being accused of manipulating the elderly widow into handing over her assets. In a 2010 will, Yang Yin stood to inherit all of Madam Chung's assets. But a new will recognised by the courts will leave most of her assets to charity, and nothing to Yang. His wife and parents are also defendants in the civil suit.
MADAM HEDY MOK
The case unfolded in 2014 after the niece of the wealthy widow, Madam Hedy Mok, a 62-year-old tour agency owner, commenced a series of legal actions against Yang.
MADAM CHANG PHIE CHIN
The retired teacher has known Madam Chung and her late husband, Dr Chou Sip King, for more than 50 years. Madam Chang Phie Chin, who is now 86, lived with the couple in their Gerald Crescent bungalow after Dr Chou's health deteriorated. She moved out in 2011.
MR PETER DORAISAMY
The lawyer from Selvam LLC represents Madam Mok in the High Court civil suit.
MR IRVING CHOH
The lawyer took over the civil case for Yang Yin from Mr Joseph Liow in April. He is the founder of law firm Optimus Chambers.
Yang Yin with Madam Chung Khin Chun (left) and Madam Chang Phie Chin in a photo taken in Beijing on Oct 23, 2008, when Yang acted as a private tour guide to the two women on a China trip.PHOTO: HEDY MOK
Published 2 hours ago
Tomorrow he goes on trial for falsification and criminal charges after being away from public eye for nearly 2 years
He is accused of plotting to steal $40 million in cash and assets from a Singaporean widow.
He has even been charged with duping the Government into granting him an employment pass and permanent residency.
And while his name may have been splashed in the local media for almost two years, former China tour guide Yang Yin has not been seen in public for 19 months.
He has spent that time in Changi Prison, after being arrested by the police in September 2014, charged a month later and denied bail.
Tomorrow, the 42-year-old makes his first public appearance in almost two years. He goes on trial for falsification and immigration charges.
TIMELINE
2006
Madam Chang Phie Chin introduces Yang Yin to Madam Chung Khin Chun and her husband, Dr Chou Sip King.
Dr Chou dies in 2007.
2008
Yang acts as the private tour guide for Madam Chung and Madam Chang while they are on holiday in Beijing.
Yang keeps in touch with Madam Chung after the trip.
2009
Yang visits Madam Chung and stays in her bungalow. He also sets up his company, Young Music and Dance Studio . In September, Yang fires Madam Chung's driver of 30 years. He obtains an Employment Pass to work in Singapore.
2010
Madam Chung makes a will leaving her assets, including the bungalow, to Yang.
2011
Madam Chang moves out of the Gerald Crescent bungalow. She had lived there since 2004, after Dr Chou's health deteriorated.
Yang becomes a Singapore permanent resident.
2012
Yang is given Lasting Power of Attorney(LPA) by Madam Chung, giving him control over her welfare and assets.
In 2013, his wife Weng Yandan and their two children move in to live in the Gerald Crescent bungalow.
2014
In April, Madam Chung is diagnosed with dementia.
The LPA is revoked in November after Madam Chung's niece, Madam Hedy Mok, starts court proceedings against Yang.
Yang is arrested in September and charged in October. He is later denied bail.
2015
Madam Chung's new will is recognised by the Family Justice Courts in April. Her new will leaves most of her assets to charity and nothing for the former tour guide.
2016
The High Court dismisses the appeal made by Yang in April this year regarding the new will. The criminal trials are scheduled to take place from May to July.
In total, he faces 349 criminal charges, the most serious of which are for criminal breach of trust.
THE TOUR GUIDE WHO CAME TO STAY
The case involving Madam Chung Khin Chun, 89, and Yang broke in 2014, when the widow's niece, Madam Hedy Mok, started legal action against him for allegedly manipulating her aunt into handing over her assets.
Madam Chung owns a bungalow in Gerald Crescent and her assets are estimated to be worth $40 million. The retired physiotherapist has no children.
Her husband, Dr Chou Sip King, died in 2007.
Yang acted as Madam Chung's private guide during a China trip in 2008. He had been introduced to the widow by Madam Chang Phie Chin, a retired teacher who is a family friend.
A year later, he came to Singapore and moved into her bungalow, claiming that the widow wanted him to be her "grandson".
He set up a company, Young Music and Dance Studio, and obtained an Employment Pass to work in Singapore.
In 2011, he obtained permanent residency and later, moved his wife and two young children here as dependants. The family lived in Madam Chung's bungalow.
Madam Chung was diagnosed with dementia in April 2014. After the diagnosis, Madam Mok applied to be her aunt's guardian under the Mental Capacity Act.
But the tour agency owner found, to her shock, that Yang had already been granted Lasting Power of Attorney (LPA) in 2012. The legal document gave him full control over all the widow's assets.
Madam Mok moved in on Yang on multiple fronts.
In August 2014, she asked the court to stop Yang from disposing of assets belonging to him and the widow both here and overseas. The Mareva injunction was granted.
She also spirited her aunt out of the bungalow.
On Sept 2, 2014, she confronted Yang's wife, Madam Weng Yandan, and their then two-year-old son and six-year-old daughter, demanding that they leave the house. Yang was overseas at that time.
She called in a locksmith to change the locks.
TWO LEGAL VICTORIES FOR WIDOW AND HER NIECE
To stop Yang from controlling her aunt's assets, Madam Mok applied to the court to have the LPA cancelled.
The Family Justice Courts heard the case in November 2014 and ruled that Madam Chung was mentally capable of deciding who should look after her assets, and allowed her to cancel the LPA.
It was Madam Mok's first legal victory.
She also scored another victory in February this year when the Court of Appeal overturned an earlier High Court decision to release about $98,000 for Yang's legal fees.
The High Court decision was made in April last year.
In overturning the decision, Chief Justice Sundaresh Menon said that Yang had not explained his finances. The onus was on him to show that he had no other source of funds to pay his legal fees, said the Chief Justice.
In April this year, Yang changed his lawyer to get "a new perspective". He is now represented by Mr Irving Choh, founder of law firm Optimus Chambers.
Madam Mok is represented by Mr Peter Doraisamy from Selvam LLC.
FIGHTING OVER THE WILL
But while the question over the control of the assets while Madam Chung is still alive was resolved, a more troubling matter still hangs in the balance - who inherits the assets after the widow dies?
In 2010, Madam Chung made a will in which Yang stood to inherit everything.
To correct that, Madam Mok made a new statutory will on behalf of her aunt last year, in which most of the assets would go to charity.
The courts recognised the new will in April last year, based on evidence given by several witnesses that Madam Chung had made the 2010 will under the undue influence of Yang, among other factors.
Yang appealed on grounds that there was a procedural failure in the proceedings as the judge had denied his lawyers the chance to cross-examine witnesses who had given evidence to support the application for the new will.
The appeal was dismissed last month but Yang can still appeal the decision.
THE COURT HEARINGS
When Yang appears in court tomorrow, it starts a new phase of the family drama that has gripped the media for the past two years.
But the alleged immigration and falsification offences that he will be tried for in court tomorrow are the less serious ones.
He also faces two criminal breach of trust (CBT) charges of allegedly siphoning off $1.1 million from Madam Chung.
Tomorrow's trialcovers only the alleged immigration and receipt falsification offences.
He is due back in court next month for the CBT charges that carry a jail term of up to seven years and a fine.
But it is not yet known when his biggest showdown with Madam Mok will take place.
Her high-profile civil law suit against Yang has not been scheduled to be heard in the High Court yet.
Ex-tour guide tries to approach widow and her niece in court
Photo: The Straits Times
Toh Yong Chuan, Carolyn Khew
Tuesday, May 31, 2016
He has not been seen or heard in public for almost two years since he was locked away in Changi Prison.
When former China tour guide Yang Yin was led into the courtroom yesterday morning, he was wearing purple overalls with the label "prisoner" on his back.
His hair was neatly cropped and his hands and legs were in chains.
"He seemed to have lost weight," said Madam Chang Phie Chin, a family friend of widow Chung Khin Chun, 89, who was in court.
Yang, 42, was standing trial yesterday for allegedly duping the authorities into granting him permanent residency.
He has also been charged with falsifying receipts and stealing $1.1 million from Madam Chung.
Madam Hedy Mok, the widow's niece, has also sued him for allegedly manipulating the widow to control her assets, estimated to be worth $40 million.
Yang looked tense as he was led into the courtroom through a side door.
He scanned the room for familiar faces and in the barely filled public gallery, he spotted two - Madam Chung and Madam Mok.
He tried to make eye contact and shuffled towards them, but Madam Mok waved him off and court marshals led him away.
It was the first time in nearly two years that Yang and Madam Chung had seen each other.
Yang stood solemnly in the dock as his lawyer Wee Pan Lee was rapped by Deputy Presiding Judge of the State Courts Jennifer Marie for being late.
Mr Wee apologised for being late and said he had to go for another pre-trial conference in the morning.
Mr Wee said Yang was prepared to plead guilty, but the lawyer asked for a short break to study the statement of facts that the prosecution gave him less than two weeks ago.
But the judge wanted to hear from Yang directly that he was prepared to plead guilty.
A female court interpreter whispered the judge's instruction to Yang and replied in English on his behalf: "I confirm, your Honour."
When Yang returned to the court after a one-hour break, he saw Madam Chung and Madam Mok again.
He walked towards them but was pulled away by court marshals. Losing his composure, he shouted at them in Mandarin: "Reflect on what you have done!"
Madam Mok held the arm of her elderly aunt and waved Yang away. They left after the morning hearing and did not return for the afternoon session.
Before leaving, Madam Chung was asked how she felt about seeing Yang. "I don't feel anything. I don't know what to think," she said.
Meanwhile, the tussle between Yang and the widow over her will looks set to continue.
In 2010, Madam Chung made a will in which Yang stood to inherit everything. But in April last year, the courts recognised a new statutory will that Madam Mok made on behalf of her aunt, under which most of the assets would go to charity.
Yang appealed on grounds of a procedural failure as the judge had denied his lawyers the chance to cross-examine witnesses who gave evidence to support the application for the new will.
The appeal was dismissed last month but Yang made a court application to be allowed to appeal again. A closed-door hearing was held last Friday, with the names of the parties unusually redacted from the High Court's public hearing list.
When contacted, the lawyers for Yang and Madam Mok declined to comment.
The Straits Times understands that the application was unsuccessful but the law allows Yang a final shot to take the appeal to the Court of Appeal.
Former China tour guide Yang Yin convicted of 120 charges
Yang Yin, a former China tour guide at the centre of a dispute over the assets of a wealthy widow was yesterday convicted of 120 charges. PHOTO: ST FILE
Published 4 hours ago
Carolyn Khew
The former China tour guide at the centre of a dispute over the assets of a wealthy widow was yesterday convicted of 120 charges, mainly for falsifying receipts to his company and immigration offences.
Yang Yin, 42, pleaded guilty after an interpreter read out the charges to him in Mandarin. With his head slightly bowed, he looked expressionless as all 120 charges were read out in court.
A total of 110 charges were for the falsification of receipts made to his company, Young Music and Dance Studio. The firm was formed so he could move here. The rest were for immigration and cheating offences, as well as for breaking Companies Act laws.
Yang Yin (left, in a 2014 photo) yesterday pleaded guilty to a total of 120 charges, mostly of falsifying receipts made to his company. The other charges were for cheating, immigration offences and breaking Companies Act laws. He still
Deputy Public Prosecutor Nicholas Tan asked the court yesterday for the rest of the 227 charges to be taken into consideration for sentencing.
Yang, who has been in remand since October 2014, will appear in court again at the end of this month for two criminal breach of trust charges brought against him.
The prosecution has alleged that he misappropriated $1.1 million from wealthy widow Chung Khin Chun, 89. The widow, who has no children, was diagnosed with dementia in 2014.
The mitigation and submissions for sentencing over the 120 charges have been adjourned to July 11, after Yang's lawyer made the request so that this would not prejudice the later hearing.
