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Yang Yin thread: "Money, I love you!"

gongkia

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杨寅撤换
民事诉讼代表律师


20160410_ln_yang1.jpg



中国籍前导游杨寅前天正式撤换民事诉讼的代表律师梁旺伍,由邹天齐律师取代。



http://www.wanbao.com.sg/local/story20160410-79334
 

Prodigy

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Wealthy widow's estate can pay niece's legal fees

st_20160411_ckyang11uly8_2206544.jpg


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.


 

Prodigy

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New lawyer to represent Yang Yin


yangyin110416.jpg


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.

Carolyn Khew, Toh Yong Chuan


 

Prodigy

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High Court dismisses Yang Yin's appeal over widow's will


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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.

[email protected]



 

gongkia

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涉侵占富婆财产案后天开审
杨寅终要露面出庭受审


延烧超过一年半的杨寅案终于正式“开打”,后天由控方率先举证,揭露杨寅如何涉嫌开空壳公司和伪造收据欺骗会计师,到时候还押了近20个月的杨寅也将“露面”,出庭受审。

http://www.wanbao.com.sg/local/story20160528-82734
 

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The key players in the saga

st_20160529_ckyang294ilk_2326349.jpg


MADAM CHUNG KHIN CHUN

Published 2 hours ago

MADAM CHUNG KHIN CHUN

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.

MR WEE PAN LEE

He acts for Yang in the criminal matters.




 

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Ex-tour guide faces 349 criminal charges


ST_20160529_CKYANG295Y6N_2326330.jpg


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

Toh Yong Chuan
Manpower Correspondent
Carolyn Khew

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.



 

scroobal

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Less anyone did not realise Justice Judith Prakash comments reflects poorly on the legal counsel. A client not taking his advice is not an excuse. If that is the case, he should discharge himself.
 

songsongjurong

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ENRAGED YANG YIN TRIES TO "ATTACK" OLD LADY IN COURT

After 21 months of court proceedings against former PAP grassroot leader and tour guide, Yang Yin, pent up emotions came to a boil today as Yang Yin came face to face with the very woman he had defrauded in court today, wealthy widow Madam Chung Khin Chun.

Coming face to face with his benefactor and victim in court today, Yang became agitated and lunged suddenly towards the widow in what looked like an attempt to attack her, but was restrained by security. While struggling to break free, he shouted in Mandarin, "Think about it!"

Yang is accused of cheating the old widow of over $40 million worth of cash and assets. His crimes were exposed in September 2014 when the widow's niece reported his misdeeds to the police.


http://www.allsingaporestuff.com/article/enraged-yang-yin-tries-attack-old-lady-court
 

jw5

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ENRAGED YANG YIN TRIES TO "ATTACK" OLD LADY IN COURT

After 21 months of court proceedings against former PAP grassroot leader and tour guide, Yang Yin, pent up emotions came to a boil today as Yang Yin came face to face with the very woman he had defrauded in court today, wealthy widow Madam Chung Khin Chun.

Coming face to face with his benefactor and victim in court today, Yang became agitated and lunged suddenly towards the widow in what looked like an attempt to attack her, but was restrained by security. While struggling to break free, he shouted in Mandarin, "Think about it!"

Yang is accused of cheating the old widow of over $40 million worth of cash and assets. His crimes were exposed in September 2014 when the widow's niece reported his misdeeds to the police.


http://www.allsingaporestuff.com/article/enraged-yang-yin-tries-attack-old-lady-court

He's asking her to think about why he defrauded her? :rolleyes:
 

gongkia

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手脚被铐上庭激动 杨寅扑向富婆

时隔21个月,因还押久未露面的杨寅今早一脸凝重地被押向被告栏时,见到富婆竟变脸,情绪激动要“扑向”富婆,过后甚至怒瞪她喊出一声“奶奶,想一想!

轰动一时的杨寅被指霸占富婆4000万元财产案于2014年9月爆发,两人最后一次见面是在当年8月间。案件被揭、杨寅因涉罪行被控上法庭,一直被还押在樟宜监狱。

随着案件今早提堂,这两位案件的关键人物,于隔了21个月后,在气氛肃穆的庭室再度见面。

《新明日报》记者所见,杨寅今早9时50分左右被押入庭室,一身紫色囚服,双手双脚均被上铐。
 

zhihau

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SuperMod
Asset
Cheated by the PRCs? From the Wu Yas in the late 80s to the PDMMs in the late 90s, not forgetting the scammers to the likes of Huang Na's parents and Yang Yin. When are we going to stop kidding ourselves that these PRCs have good moral values? They 向钱看 only.
 
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