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Singapore: Former Trading Manager of New Ocean Fuel fined SGD 800, sentenced to three months jail

Accused pleaded guilty to one obstruction of justice and two criminal trespass charges when he was found to have assisted in the disposal of evidence, while causing disturbance at New Ocean Fuel’s office.

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A Judge at the State Courts of the Republic of Singapore on Wednesday (16 February) issued the former Trading Manager of bunkering firm New Ocean Fuel Pte Ltd (NOF) a SGD 800 fine and three-month jail sentence over one obstruction of justice and two criminal trespassing charges.

China national and Singapore PR Qie Yanpeng, also known as Xiaoxu, was working with accomplices Ang Heng Lye (Eric), a consultant at Ocean Express Pte Ltd, and Tay Tien Whui (Jason), the director and sole shareholder of Success Energy and Ocean Express, while employed at NOF, according to documents obtained by Singapore bunkering publication Manifold Times.

Both Eric and Jason are involved in a criminal syndicate and have been convicted of MFM tampering offences on earlier dates.

During the period, NOF chartered two bunker tankers, namely Southernpec 6 and Southernpec 7, from Southernpec Shipping Pte Ltd. where bunkering operations onboard both vessels were supervised by cargo officers provided by Success Energy.

Around June 2018, Success Energy began instructing its cargo officers to use an industrial strength magnet to tamper with the mass flowmeters (MFMs) on board both Southernpec bunker barges during refuelling operations for NOF.

The purpose of using a magnet to tamper with the MFM is to cause a higher amount of bunker fuel to be recorded as having been delivered to the buyer vessel than what was actually delivered.

This was done to conceal the fact that a lesser amount of MFO was delivered to the buyer vessel than what was contractually agreed, without the knowledge or agreement of the buyer.

Investigations ultimately uncovered 66 magnet tampering incidents committed from June to December 2018, involving USD 121,585.60 of MFO erroneously recorded as having been delivered.

Obstruction of Justice charge

Kek Kah Hui (Dylan), a cargo officer from Success Energy working on board Southernpec 7, was arrested following an enforcement check by the Maritime and Port Authority of Singapore (MPA) on 19 April 2019.

On 9 May 2019, Xiaoxu arranged a meeting between Eric and Dylan’s two sisters for the purpose of retrieving his laptop which contained incriminating evidence.

Xiaoxu left the meeting when it ended, while Jason arrived with his car to drive Eric and Dylan’s two sisters to retrieve the laptop which was later disposed in a dustbin – the laptop and its contents were never recovered.

“By virtue of the foregoing, the accused did abet by engaging in a conspiracy with Eric and Jason to intentionally obstruct the course of justice. He has thereby committed an offence punishable under s 204A read with s 109 of the Penal Code (Cap. 224, 2008 Rev. Ed.) (‘PC’),” stated the document.

Criminal Trespassing charges

An obstruction of justice charge was placed against Xiaoxu in July 2019, whose legal fees were still being paid by NOF. The company later retrenched Xiaoxu in July 2020 and said it would no longer be paying his legal bills.

Angered by the development, Xiaoxu confronted his former manager on 27 August 2020 by shouting the manager’s name with an intent to cause annoyance when entering NOF’s office – resulting in a criminal trespassing charge.

Understanding his former manager was not in the office, he proceeded to throw a phone handset at a computer monitor (valued at SGD 159) belonging to an ex-colleague and caused damage to the item – resulting in another criminal trespassing charge.

Disturbed NOF employees present called the police which arrived at the scene to arrest Xiaoxu.

Related: Magnets on MFMs: Criminal syndicate convicted over MFM tampering offences; cases closed
RelatedMagnets on MFMs: Director of Urban Energy to serve 34 months’ imprisonment over bunkering offences
RelatedMagnets on MFMs: Trial ends with 35-month imprisonment sentence for Director of Seahub Energy
RelatedMagnets on MFMs: Trial ends with ten-month imprisonment for Bunker Clerk of “Fragrance”
RelatedMagnets on MFMs: Driver posed as Southernpec bunker crew to commit MFM tampering
RelatedMagnets on MFMs: Trial starts for former bunker clerk of “Consort Justice”
RelatedMagnets on MFMs: First suspect charged over MFM tampering in landmark case
RelatedMagnets on MFMs: “Consort Justice” crew pleads ‘not guilty’ to tampering charge
RelatedSingapore: Southernpec bunker supplier licence revoked by MPA
RelatedOfficial: MPA revokes Southernpec bunker craft operator licence
RelatedMagnets on MFMs: MPA suspends Southernpec bunker craft license
RelatedMagnets on MFMs: Case of ‘a few bad apples spoiling the basket’
RelatedMagnets on MFMs: Issue a breach of ‘Operational Security’ under TR 48 (updated)
RelatedSingapore: Sea Hub Energy exits MPA bunker craft operator list

 

Photo credit: Manifold Times
Published: 17 February, 2022

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Vessel Arrest

Singapore: Liberia-flagged tug “Spec Nichole” placed under Sheriff’s arrest

Vessel was arrested at 10.17am and is currently held at Western Anchorage – Grid 4914A while the arresting solicitor listed was law firm Rajah & Tann Singapore LLP.

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Singapore: Liberia-flagged tug “Spec Nichole” placed under Sheriff’s arrest

A Liberia-flagged Anchor Handling Tug Supply (AHTS) vessel, Spec Nichole, was arrested in Singapore waters on Saturday (3 May). 

The vessel was added to the list of vessels under Sheriff’s arrest in Singapore’s court system. 

According to the list, the vessel was arrested at 10.17am and the arresting solicitor listed was law firm Rajah & Tann Singapore LLP. The ship is currently held at Western Anchorage – Grid 4914A.

No details were provided in the list regarding the reason behind the arrest.

According to a social media post two months ago, the vessel is operated by ABC Maritime, a Swiss-based family-owned group of companies.

ABC Maritime commercially and technically manages a fleet of vessels including chemical tankers, offshore support vessels and bulkers.

 

Photo credit: ABC Maritime
Published: 7 May, 2025

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Winding up

Singapore: Vasi Shipping Pte Ltd to undergo voluntary wind up, selects liquidators

Joint and several Liquidators from AAG Corporate Advisory were appointed for the purposes of winding up the affairs of the company at an extraordinary general meeting held at 2pm on 28 April.

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Several resolutions for Vasi Shipping Pte Ltd, a small Singapore-based containership operator, were made during an extraordinary general meeting held on 28 April at 2pm, according to a notice in the Government Gazette on Monday (5 May).

The following resolutions were duly passed during the meeting:

Special Resolution

That it has been proved to the satisfaction of the meeting that the Company cannot by reason of its liabilities continue its business and accordingly the Company be wound up voluntarily pursuant to Section 160(1)(b) of the Insolvency, Restructuring and Dissolution Act 2018.

Ordinary Resolution

That Mr. Abuthahir Abdul Gafoor and Ms. Yessica Budiman care of AAG Corporate Advisory Pte Ltd, 11 Collyer Quay, #07-02 The Arcade, Singapore 049317, be appointed as joint and several Liquidators of the Company for the purposes of winding up the affairs of the Company.

According to Lynerlytica on 10 April, Vasi Shipping filed for bankruptcy and has an outstanding debt of $19 million owed to creditors. 

The company was established in Singapore in January 2012 and operated primarily in the Southeast Asia, Bay of Bengal, India subcontinent, Red Sea and Middle East Gulf routes. 

Vasi has stopped operating any ships since early March 2025.

 

Photo credit: Benjamin Child
Published: 6 May, 2025

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Legal

BlackStone & Gold: Clawing back LC payments: BCP v China Aviation Oil

Law firm provides an analysis on the significant Singapore High Court decision on the subject of payments under letters of credit (LCs) in the BCP v China Aviation Oil case last year.

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Law firm BlackStone & Gold recently provided Singapore-based bunkering publication Manifold Times its analysis on the significant Singapore High Court decision on the subject of payments under letters of credit (LCs) in the BCP v China Aviation Oil case:

The collapse of traders like Hin Leong Trading Pte Ltd and Zenrock Commodities Trading Pte Ltd (“Zenrock”) left banks who made payments under letters of credit (“LCs”) out of pocket when their customers went under without reimbursing them. The banks in this predicament have, in a spate of recent cases, attempted to recoup payments made to LC beneficiaries (who they alleged received payments for shipments that did not occur). But the law’s recognition of LCs as the “lifeblood of commerce” has permitted very limited instances of refusal to pay on LCs or recovery of sums paid under them. 

A significant clarification for banks resisting LC payments came from the Singapore Court of Appeal last year (in Winson Oil Trading Pte Ltd v Oversea-Chinese Banking Corp Ltd and another suit [2024] SGCA 31, which we covered here). There, the Court of Appeal clarified that a bank would be able to decline payment in respect of a presentation which the beneficiary not only knew to be false, but also in respect of which it was reckless as to whether the statements it made to the bank were true or false. This is particularly acute in the oil trade where payment letters of indemnity provide representations as to the shipment of the goods and the title relating to it, which may turn out to be untrue. 

Another significant decision on the subject of LC payments from the Singapore courts last year was Banque de Commerce et de Placements SA, DIFC Branch & Anor v China Aviation Oil (Singapore) Corporation Ltd [2024] SGHC 145 (“BCP v CAO”). 

BCP v CAO case confirms the arduous task that a bank resisting an LC payment bears, and the importance of industry practice of the particular commodity in question in deciding whether a sale contract is a sham contract. In circumstances where a sale contract for cargo is performed in accordance with industry practice, is backed by evidence from persons who actually performed the trade, and forms parts of a string where the entire string is known, it would be difficult for a bank to show that the contract parties were not entitled to possession of the cargo or could not obtain title to it. 

Note: The full article by BlackStone & Gold can be read here.

 

Photo credit: Manifold Times
Published: 6 May, 2025

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