Anaya Nolan
There are several cases of case law involving individuals with the surname Ng.
One such case is that of Charles Chitat Ng, who was involved in a legal dispute between Canada and the United States, with the Government of Canada refusing to extradite him without assurances that he would not be subjected to conditions of incarceration that would violate rights under the Covenant. Another case involves Roger Ng, a former Goldman Sachs banker who was convicted by a U.S. jury of conspiring to violate an anti-corruption law and launder money in connection with the 1MDB development fund scandal in Malaysia.
Other cases include State v. Ng, Ng v. Superior Court (People), and People v. Ng, which involved legal proceedings in Washington and California, respectively.
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What You'll Learn
Charles Chitat Ng v. Canada
In November 1988, a judge of the Alberta Court of Queen's Bench ordered Ng's extradition. Ng claims that his human rights were violated by Canada due to this extradition, as Canada failed to request assurances that he would not be executed upon extradition. He argues that Canada denied him the protection he enjoyed under its jurisdiction and exposed him to the foreseeable risk of execution.
The majority opinion of the Committee agreed with Ng's claim, finding that Canada violated Article 6 of the International Covenant on Civil and Political Rights. This misinterpretation of the Covenant by Canada raises questions about potential violations of Article 5 as well. The Committee asserted that Canada's interpretation of Article 6, paragraph 2, as authorizing the death penalty, resulted in a denial of Ng's right to life.
However, there are dissenting opinions within the Committee. Some members disagreed with the finding of a violation of Article 6, arguing that Canada's abolition of capital punishment except for certain military offences did not necessarily require refusing extradition or requesting assurances from the United States regarding the death penalty. They acknowledged the obligations imposed by Article 6 on states that have not abolished capital punishment and the desirability of abolition suggested in the Covenant.
The case also discusses the conditions of Ng's incarceration and the potential violation of his rights under the Covenant. Ng faced severe custodial restraints, limited social interaction, restricted exercise, and hostility from prison staff. Additionally, challenges arose during visits from his lawyers and investigators, impacting the effectiveness of his legal representation.
The State party, on the other hand, argued that Ng's trial had not yet begun, and it was not reasonably foreseeable that his incarceration conditions would violate the Covenant or that he would be put to death. They highlighted the avenues of appeal and clemency available to Ng in the United States and the possibility to challenge his incarceration conditions in American courts.
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State v. Ng
The lone survivor, Wai Yok Chin, identified two of the assailants and gave a description of the third. Based on this information, Benjamin Kin Ng and Kwan Fai "Willie" Mak were convicted of first-degree aggravated murder. Benjamin Ng was sentenced to life without parole, while Willie Mak received the death penalty.
On March 30, 1983, Willie Mak named Wai-Chiu "Tony" Ng (no relation to Benjamin Ng) as the third participant in the crime. Ng was subsequently charged with 13 counts of first-degree aggravated murder and one count of first-degree assault, and placed on the FBI's "most wanted" list. Ng was eventually arrested in Calgary, Alberta, Canada, and extradited to the United States.
Ng appealed his conviction, alleging that the trial court erred in admitting his confession, instructing the jury, and denying his motion for a new trial based on inconsistent verdicts. The Supreme Court of Washington granted direct review and affirmed the conviction, finding that any error in admitting Ng's confession was harmless beyond a reasonable doubt and not a reversible error. The Court also held that a police officer's impoundment of the defendant's room while waiting for a search warrant was lawful, and that there was no abuse of discretion in not sequestering the jury.
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People v. Ng
In the case of People v. Ng, the Supreme Court of California affirmed the judgment of the trial court, convicting the defendant, Charles C. Ng, of eleven counts of first-degree murder and sentencing him to death. The case involved the disappearance of multiple individuals, including Kathleen Allen, Michael Carroll, Lonnie Bond Sr., Brenda O'Connor, their infant son Lonnie Bond Jr., and their friend Scott Stapley, between April and June 1985.
During the investigation, Ng and his accomplice, Leonard Lake, were suspected of shoplifting a vise from a lumber store in South San Francisco. While Lake spoke with police officers, Ng walked away from the scene. A search of their vehicle led to Lake's arrest for possession of a firearm, and he subsequently committed suicide while in police custody. A search of the Wilseyville property revealed thousands of bone and tooth fragments buried, along with equipment missing from another disappearance.
The Supreme Court held that:
- The defendant was not entitled to reversal on his claims regarding his right to representation.
- The trial court did not engage in misconduct during venue-related proceedings and did not err in failing to transfer counts between counties.
- The trial court did not deprive the defendant of due process in competency proceedings or by subjecting him to physical constraints.
- Any error in the admission of certain evidence was harmless.
- The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on lack of evidence.
In a separate case, People v. Randy Ghe Whi Ng, the Supreme Court of New York, Second Department, reversed the decision of the Criminal Court of the City of New York, Queens County, which had granted the defendant's motion to dismiss the accusatory instrument on statutory speedy trial grounds. The higher court found that the speedy trial clock had stopped on December 20, 2019, and started again on January 1, 2020, with the People being charged for the 12-day period.
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Roger Ng convicted in the 1MDB case
Roger Ng, a former managing director at Goldman Sachs, was convicted in the 1MDB case in November 2024 and sentenced to 10 years in prison. The 1MDB case involved billions of dollars being embezzled from Malaysia's 1MDB sovereign wealth fund, which was founded to finance development projects in the country. Between 2009 and 2014, Ng conspired with others to launder money and pay bribes to government officials in Malaysia and Abu Dhabi to secure lucrative business deals for Goldman Sachs.
As part of the scheme, Ng and his co-conspirators, including Tim Leissner, the former Southeast Asia Chairman of Goldman Sachs, and Low Taek Jho, a wealthy Malaysian socialite, misappropriated more than $2.7 billion from 1MDB. They did this through three bond transactions executed with Goldman Sachs, known as "Project Magnolia," "Project Maximus," and "Project Catalyze." Through these transactions, Goldman Sachs received approximately $600 million in fees and revenues, while Ng personally received more than $35 million in kickbacks.
Ng was found guilty of creating the structure for these bond deals, which enabled the theft of billions of dollars, and lying to Goldman Sachs about the payment of bribes and kickbacks. To conceal his ill-gotten gains, he set up a shell company in his mother-in-law's name and used multiple bank accounts in the names of family members. When news of the 1MDB scheme became public, Ng deleted emails and lied to law enforcement authorities in Malaysia and Singapore.
The 1MDB case is considered one of the biggest scandals in Wall Street history, and the sentencing of Ng highlights the efforts of law enforcement agencies to combat international bribery and money laundering schemes. Ng's lawyers have agreed to the proposed schedule for his surrender and plan to appeal against the sentence.
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Ng v. Superior Court (People)
In the case of Ng v. Superior Court (People) (1992), Charles Chitat Ng, the petitioner, was facing felony charges in one county and sought to be transported to another county for arraignment on unrelated felony charges. Ng had been incarcerated in Canada on unrelated charges prior to and during 1991. On September 26, 1991, he was extradited to California due to unrelated capital charges in Calaveras County and San Francisco charges.
The case has a complicated history, involving massive amounts of evidence, and has resulted in an opinion from the California Supreme Court. The sequence of prosecution across different counties is a key issue, as it could impact the outcome of the case. The Court of Appeal's decision in this case was not final, and the peremptory writ had not been issued, but it was presented to the San Francisco Superior Court, which mistook it for the peremptory writ of mandate. This led to an unduly hasty arraignment, requiring an emergency stay to preserve the real party's right to petition for review.
The defendant's intent to force a trial in San Francisco before the trial in Calaveras would likely result in a complex back-and-forth between the two jurisdictions, with significant security risks and costs. The defendant could also manipulate the situation by sometimes asserting and sometimes waiving time limits. The defendant argues that he is entitled to have all charges pending eventually resolved, which the court agrees with, citing the constitutional right to a speedy trial.
The case also involves a collateral motion related to the conditions of the defendant's confinement in the Orange County jail. The petitioner moved to relieve the public defender as his attorney, which was opposed by the trial judge, who believed the public defender would continue to represent the petitioner effectively.
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Frequently asked questions
Benjamin Ng was convicted of 13 counts of aggravated murder and 1 count of first-degree assault.
The defendant was convicted of eleven counts of first-degree murder and sentenced to death.
Mr. Ng was held in conditions of incarceration that violated rights under the Covenant.
The defendant sought to be transported to another county for arraignment on unrelated felony charges.
Roger Ng was convicted by a U.S. jury of conspiring to violate an anti-corruption law and launder money.
