SINGAPORE — Correcting a “factual error” which he made in Parliament, Law and Home Affairs Minister K Shanmugam said on Tuesday (March 20) that 15 people — instead of 12 — have been prosecuted for criminal breach of trust (CBT) offences under section 409 of the Penal Code, with three of them convicted in their capacity as directors.

Since the three individuals are scheduled to be released “somewhere between May and June” this year, Mr Shanmugam told Parliament that the public prosecutor does not intend to review their sentences for offences under that section, which will be amended in the wake of the City Harvest Church’s (CHC) case.

They are currently serving community-based sentences, including home detentions, he added.

On Monday, Mr Shanmugam initially told the House that 12 individuals are currently serving sentences for CBT offences under section 409 of the Penal Code. They comprise three civil servants as well as an ex-attorney, while the rest are insurance and property agents.

He had noted that their convictions would not be affected by the impending review which concerns senior officers in an organisation who have committed CBT.

“I had earlier informed members that 12 persons are current serving sentences for offences under section 409 of the Penal Code. That is an error,” Mr Shanmugam clarified on Tuesday.

“There are in fact 15 persons currently serving sentences for section 409 offences.”

Mr Shanmugam’s previous statement was in response to a question from Member of Parliament for Bukit Batok, Murali Pillai.

Mr Murali had asked what the Government will do with regard to those prosecuted under section 409, before the Court of Appeal ruled that the provision could not be applied to the six former CHC leaders, including church founder Kong Hee, as they were not considered “agents”.

In its verdict, the apex court had agreed with the High Court’s 2-1 majority ruling last April that an “agent” under Section 409 of the Penal Code (aggravated CBT) does not include directors of corporations, governing board members, key officers of charities or officers of societies.

The latest ruling means Section 409 has been wrongly interpreted on some occasions for the past 40 years, with 16 reported cases of directors convicted under the section.

Following the apex court’s decision to uphold the reduced sentences of six former CHC leaders, Mr Shanmugam said last month that the Government would soon amend the law on CBT.

The high-profile case saw the former church leaders convicted of misusing more than S$50 million of church funds, in part to further the pop music career of Kong’s wife Ho Yeow Sun.