Yong Vui Kong (Chinese: 杨伟光; pinyin: Yáng Weǐguāng) (born 23 January 1988) is a Malaysian who was sentenced to death in Singapore for trafficking more than 15 grams of heroin in 2007.
The criminal boss of Yong's, Chia Choon Leng, was subsequently arrested and charged for drug trafficking, but given a discharge not amounting to an acquittal and sentenced to indefinite detention.
Due to Yong's young age, and since execution is mandatory for a person convicted of trafficking in more than 15 grams (0.53 oz) of diamorphine, the trial judge Justice Choo Han Teck asked the prosecution to consider reducing the charge against him.
The three judges then proceeded to hear the appeal on 15 March 2010, and on 14 May 2010, they ruled in Yong Vui Kong v. Public Prosecutor that the mandatory death penalty imposed by the Misuse of Drugs Act[8] did not infringe Articles 9(1) and 12(1) of the Singapore Constitution.
[9] Before the Court of Appeal delivered its judgment, Minister of Law K Shanmugam commented on the mandatory death penalty at a community event and cited Yong's case as an example.
It affirmed the High Court's view that the President did not possess any personal discretion when exercising the clemency power, and was required to act in accordance with Cabinet's advice on the matter.
The new argument was based on a recent judgment in January that year where the three judges ruled against another drug trafficker represented by M. Ravi, that while the prosecutorial discretion is subjected to judicial review, the applicant failed to produce evidence that the Public Prosecutor took into account irrelevant considerations or was biased in his decision.
[17] Yong will spend the rest of his natural life in jail but has a chance for release on parole upon the authorities' review of his conduct after he serves at least 20 years in prison, including time spent in remand and during the original sentence.