SINGAPORE THE STRAITS TIMES

Jover Chew and 4 others arrested over ch

Square

Tourist Pham Van Thoai (second from right), his girlfriend and Mr Gabriel Kang, who raised more than $15,500 o
November. -- PHOTO: GABRIEL KANG

PUBLISHED MAY 27, 2015, 9:15 PM SGT

Lester Hio
SINGAPORE Jover Chew, the owner of now-defunct Mobile Air, and four other men were arrested on
Wednesday for a series of cheating cases at Sim Lim Square.

The ve men arrested were between 31 and 38 years old.

The police said they had received several reports against Mobile Air in 2014 for dishonest sales practices in
which customers were coerced into buying mobile phones and in-house warranties at inated prices.

These victims ended up paying for the mobile phones at much higher prices or had to pay fees to cancel the
deal.

Chew, 32, and his shop became infamous after a video of a crying Vietnamese tourist begging staff at the shop
refund his money went viral in November 2014.

Factory worker Pham Van Thoai, who went to Mobile Air to buy an iPhone 6 for his girlfriend, was initially
quoted a price of $950. But he was later asked to pay an additional $1,500 for a warranty.

Mr Thoai was told that if he failed to pay the additional amount, he would not only lose the $950 but also the
new phone. He knelt down, pleading with Chew to return his money.

After the video went viral, online vigilantes posted Chew's personal details online, driving him out of the mall.

A crowdfunding campaign was initiated to raised funds to buy a new phone for Mr Thoai. About $15,500 was
raised, with $1,538 used to buy an iPhone 6 for Mr Thoai. But he declined the gift, accepting only about $200
worth of food items from Singapore.
lesterh@sph.com.sg

chuimin@sph.com.sg

Read more about the case involving the Vietnamese tourist here.

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Consumer law

Better protection against errant retailers

Source Straits Times

Date 16 Aug 2016
Author Rachael Boon

Changes to consumer laws were introduced in Parliament yesterday to better protect

people from errant retailers.

Under the Consumer Protection (Fair Trading) (Amendment) Bill, errant retailers
ordered to close their shops, but who later secretly reopen them under a different name,
can be charged with a criminal offence. Such retailers can also be ordered to publicise
the fact that they have been told to cease their unfair practices, so that consumers will
not be misled.

Another proposed change will give statutory board Spring Singapore powers to
investigate and take enforcement action against retailers who persist in their unfair
practices.

The Ministry of Trade and Industry (MTI) said it had consulted industry players,
including the Consumers Association of Singapore (Case) and Sim Lim Square
Management Committee, on the Bill. It also held a public consultation from May 16 to
June 15, which yielded feedback on unfair practices.

The proposed amendments come in the wake of the saga involving mobile phone shop
owner Jover Chew, who shot to infamy after overcharging a Vietnamese tourist for a
phone. A video of the tourist begging for his money went viral online. Chew and four of
his former employees were jailed last year for cheating.

The case prompted calls for stronger consumer protection laws. Currently, business
owners can get around the rules by closing their shops and reopening them under a
different name.

Mr Lim Biow Chuan (Mountbatten), who is president of Case, welcomed the Bill. But he
pointed out that it does not address the issue of companies taking advance payments,
then leaving consumers in the lurch when they subsequently cease operations.

He said Case will continue discussions with MTI on how to minimise the risk consumers
face.

Source: Straits Times Singapore Press Holdings Ltd. Permission required for
reproduction.
 24 hr PSI 39 - 55

News
From The Media

Channel NewsAsia - Changes to laws proposed to

better protect consumers from unfair trading practices
16 May 2016

To better protect the public from unfair trading practices, Singapore authorities are proposing changes to consumer protection laws.

The proposed amendments to the Consumer Protection (Fair Trading) Act aim to empower SPRING Singapore to gather the necessary
evidence to file timely injunction applications. These are similar to jurisdictions in Australia and Hong Kong.

Such injunction applications are court orders requiring a person or entity to carry out or cease a specific action, such as an unfair business
practice.

SPRING would also be granted powers to enter the premises of suspected errant retailers, with or without a warrant, and seize goods.

As the appointed administering agency, SPRING will be able to ensure that errant retailers comply with injunction orders or risk a fine or
imprisonment for contempt of court.

The proposed amendments may also give additional powers to the courts. For example, judges may require an errant retailer to publicise that it
is under injunction, including notifying and obtaining written acknowledgement from consumers prior to any transaction.

CHANGES COULD END A CAT-AND-MOUSE GAME: CASE

Errant retailers might even be required to state their injunction order on receipts and invoices to customers. The courts may also be given
powers to require entities and individuals under such orders to notify SPRING when there are changes to their company or employment status.

These would guard against attempts to sidestep the injunction orders. Said the president of the Consumers Association of Singapore (CASE),
Mr Lim Biow Chuan: "In the past, there were shady businesses which, having been sued, closed down their shop front and set up another
company under a different name. CASE was unable to enforce the Voluntary Compliance Agreement (VCA) or injunction as the owners of such
unethical businesses can register a new business entity to continue operations."

The owners of the new business could repeat the same unfair practices till CASE asks them to sign a new VCA or take out a new injunction
against them, he noted. "It is a repetitive cat-and-mouse game."

Under the proposed rules, CASE and the Singapore Tourism Board will still be required to mediate between the retailer and the consumer to
resolve disputes.

"Even if SPRING is able to take an injunction against the company, the consumer will not be able to get compensation. The consumer will still
have to exercise their own right to take action against the business through CASE or the Small Claims Tribunal to recover their losses," said Mr
Seah Seng Choon, executive director of CASE.

The proposed changes follows a review of consumer protection laws led by the Trade and Industry Ministry (MTI) and in recent months, there
were several high-profile convictions of errant retailers at electronics hub Sim Lim Square.

The mall's management council was consulted as a key stakeholder during the review. Though its response to the proposals was mostly
positive, the council felt that other agencies could do more to avoid such disputes from happening in the first place.

"The trade associations have to stand up to do something to set a standard, to come up with a code of conduct, said Mr Kwek Theng Swee,
vice chairman of the Sim Lim Square management council. And then sometimes when the problem goes beyond that, then you can come out to
help the Government as well as the shopper to settle it."

The public can provide their views on the proposed amendments to the Consumer Protection (Fair Trading) Act at mti_email@mti.gov.sg from
Monday (May 16).

The authorities aim to have the amended Act come into effect by year end.

Source: Channel NewsAsia

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Singapore Law Watch - Consumers welcome proposed changes to law against errant retailers 19/5/16, 9:24 PM

Administrative & constitutional law Statutory interpretation

Consumers welcome proposed changes to law against

errant retailers

Source TODAY
Date 18 May 2016

They say amendments, if passed, will help trigger caution against bad eggs
in the industry

SINGAPORE The proposed legislative changes to give the authorities more teeth to go
after unscrupulous retailers were welcomed by consumers although some wished for
provisions to be put in place to secure refunds or compensation for those who had been
cheated.

Nevertheless, they agreed that consumers should exercise caution in their purchases to
begin with and felt the proposed changes, if passed, would help in triggering caution
against bad eggs in the retail industry.

The mooted amendments to the Consumer Protection (Fair Trading) Act allow public
officers from the Standards, Productivity and Innovation Board (Spring Singapore) to
march into any store to seize evidence as part of their investigation against errant
retailers, and then file a court injunction for the retailers to stop their business.

Retailers under an injunction order could also be compelled by the courts to make their
status publicly known to consumers by printing it on sales invoices or in the form of a
poster pasted at their shopfront. If the retailer wants to change its business address or
name, he must notify Spring about any changes.

Errant retailers who do not comply with injunction orders could also face contempt of
court, which carries penalties ranging from a fine to imprisonment. These proposed
amendments, which will cover all registered businesses, including online retailers, were
put up for public feedback since Monday.

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Singapore Law Watch - Consumers welcome proposed changes to law against errant retailers 19/5/16, 9:24 PM

Consumers TODAY interviewed noted the Consumers Association of Singapores (Case)

present lack of teeth, saying the proposed changes would improve retail practices.

But customers who have been cheated by businesses would have gone through a very
traumatising experience and the authorities should be given the power to make the
errant company compensate or refund their victims in the form of cash or vouchers, said
a consumer who wanted to be known only as May.

Another consumer, Mr Edmund Chua, suggested that an offending retailer could have its
assets frozen, proportionate to the amount of money in dispute between the business and
its customers.

If (the authorities) cannot enforce (recourse), frankly, it all boils down to zero, said the
41-year-old financial advisor. He added that since only a small amount of a retailers
assets would be frozen, it would not be unfair to the business even if they are given the
all-clear eventually.

Still, Mr Chua said consumers must be careful and responsible with their decisions
before making a purchase and should not mistake their own buyers remorse for
misdeeds by the companies.

Agreeing, undergraduate Jemson Chan, 23, said the proposed changes could be a real
breakthrough when detecting fraudulent shops.

Individual complaints may not be enough of a deterrent to scare off fraudulent shop
owners, said Mr Chan, who patronises Sim Lim Square once a month to buy computer
accessories.

The mall has been in the public spotlight for some of its tenants business practices,
including the infamous Mobile Air case in 2014, where a Vietnamese tourist in Singapore
was caught on video begging on his knees for a refund from the shop.

Most of the retailers in Sim Lim Square that TODAY spoke to also welcomed the
changes, saying they hoped it would restore consumer confidence in the mall and boost
business.

Mr John Chong, manager of Alan Photo, said that by red-flagging businesses under an
injunction order, it would give patrons peace of mind knowing they would not be ripped
off.

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Singapore Law Watch - Consumers welcome proposed changes to law against errant retailers 19/5/16, 9:24 PM

Another mobile phone salesperson in the mall, who wanted to be known as Mr Chee,
added that if the bad (retailers) got out of the building, then maybe customers will trust
us a bit more and they will come back more.

Agreeing, another salesperson at a camera store who declined to be named, said:

Whether they buy or dont buy, at least they know that something has been changed.

Copyright 2016 MediaCorp Pte Ltd | All Rights Reserved

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Singapore Law Watch - New law gives shoppers more protection against errant retailers 14/9/16, 4:40 PM

Consumer law

New law gives shoppers more protection against errant

retailers

Source Straits Times

Date 14 Sep 2016
Author Melissa Lin

Errant retailers will no longer be able to secretly close and reopen their shops under a
different name to escape detection, under changes to the law approved by Parliament.

By the end of this year, government agency Spring Singapore will have wide-ranging
powers to investigate and take enforcement action against retailers who persist in unfair
practices.

The amendments to the Consumer Protection (Fair Trading) Act send a strong deterrent
signal to the small number of businesses which engage in unfair practices, Minister of
State for Trade and Industry Koh Poh Koon told the House during the debate, which saw
14 MPs rise to speak in support of the changes.

The new law aims to stamp out "black sheep" retailers and prevent a repeat of the Jover
Chew saga.

The former mobile phone shop owner in Sim Lim Square and his workers were jailed last
year for cheating 26 victims into agreeing to buy mobile devices worth over $16,000 over
a 10-month period.

With its new powers, Spring - a statutory board under the Ministry of Trade and Industry
which oversees the growth of enterprises in Singapore - will be able to search and enter
premises without a warrant to gather evidence against a persistent errant retailer.

This will allow the agency to take action quickly and file a timely injunction - a court
order to stop the retailer from continuing with unfair practices - if needed.

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Singapore Law Watch - New law gives shoppers more protection against errant retailers 14/9/16, 4:40 PM

It will also be an offence for anyone to obstruct Spring's investigations, such as by

destroying documents or giving false information.

Under the new law, the courts can also require errant retailers to alert customers that
they are under injunction, such as by printing a notice on their invoices.

The retailers also have to alert Spring when there are changes to their shop's address or
employment status. If they fail to comply, they may be charged with contempt of court.

The changes will plug some gaps in the current consumer laws, said Dr Koh, who is also
Minister of State for National Development.

Currently, the Consumers Association of Singapore (Case) and the Singapore Tourism
Board handle consumer complaints. But the two agencies do not have investigative and
enforcement powers.

They can negotiate with retailers, arrange for mediation or invite retailers to sign an
agreement to stop their unfair practices. If the retailer refuses to sign the agreement or
breaches it after signing, the agencies can take out an injunction.

But even if a court order is issued, business owners tend to close their shops and reopen
under a different name to dodge penalties.

Under the new law, doing so would amount to a criminal offence.

In a debate that lasted three hours, 14 MPs raised concerns over issues such as the scope
of the law, and how it will be explained to the layman.

Mr Patrick Tay (West Coast GRC) asked if the law applied to online retailers and agents
who act as middlemen between buyers and overseas suppliers.

The Act provides the same protection to consumers whether their purchases are made
online or from a brick and mortar shop, said Dr Koh.

Agents who "carry on a business" - meaning that they carry out several transactions, and
not just a one-off deal - are also subjected to measures under the Act, he added.

Mr Melvin Yong (Tanjong Pagar GRC) urged Spring and Case to educate consumers,
particularly the elderly, foreign workers and tourists, on their rights as consumers.

Raising awareness of the changes to the law is a priority, said Dr Koh, who added:
"Business models can change. Consumer shopping patterns may also evolve. So it is not

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Singapore Law Watch - New law gives shoppers more protection against errant retailers 14/9/16, 4:40 PM

always possible to use legislation to cover all manner of consumer actions... Consumer
education will remain the key pillar of our consumer protection framework."

Five MPs also asked whether more will be done to protect consumers who buy prepaid
packages, following the sudden closure of gym chain California Fitness in July.

Mr Lim Biow Chuan (Mountbatten), who is also president of Case, noted that the
amendments "make no attempt to discourage the taking of prepayment or deposits for
future services".

Dr Koh said it would be "very challenging" to impose a broad-based measure on all

businesses to protect consumers against loss of prepayments from business closures.

He noted that overseas jurisdictions such as the European Union, Australia and Hong
Kong do not adopt such a stance, adding: "Such measures may affect the cost of doing
business which would eventually be passed on to consumers."

How Jover Chew incident would have been dealt with now

Jover Chew's mobile phone shop at Sim Lim Square, Mobile Air, shot to infamy in
November 2014 when a video of a Vietnamese tourist begging for the return of his money
went viral.

The shop refused the Consumers Association of Singapore's request for it to sign an
agreement to stop its unfair practices then.

Case's next step was to take out an injunction against Mobile Air.

The process would take several months, as Case had to seek approval from its relevant
committees as well as the Injunction Proposals Review Panel at the Ministry of Trade
and Industry, before applying for the court order.

Chew and four of his workers were last year jailed for cheating customers.

Describing how Mobile Air would have been dealt with under the new law passed
yesterday, Minister of State for Trade and Industry Koh Poh Koon said Case would refer
the case to Spring Singapore, which now has the power to gather evidence - such as by
entering and searching the shop even without a warrant - that Mobile Air had carried out
unfair practices.

Spring could present the evidence to the courts, which might then issue an injunction

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Singapore Law Watch - New law gives shoppers more protection against errant retailers 14/9/16, 4:40 PM

barring Mobile Air from engaging in unfair practices as stated in the Consumer
Protection (Fair Trading) Act.

The courts could also order Mobile Air to publicise its injunction status, such as by
putting up notices on its premises. It would then be up to consumers to decide whether
they still want to purchase from Mobile Air.

The shop's employees who engaged in the unfair practices could also be required to
similarly declare that they are under an injunction.

Spring and Case could also work together to publicise the retailer's injunction order.

Had Mobile Air not complied with the court orders, Spring, as the administering agency,
would have the power to haul the retailer to court. Failure to comply with a court order is
considered a criminal offence, which could result in a fine and/or jail.

Source: Straits Times Singapore Press Holdings Ltd. Permission required for
reproduction.

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