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迪哥达挑战诽谤指控有违宪法 申请移交高庭审理遭驳回

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因为一篇刊载在《网络公民》的文章,在2018年12月被控刑事诽谤的35岁男子迪哥达(Daniel de Costa),向国家法院申诉,要求将他的指控交给高庭审理,以审视上述指控是否有违宪法。

迪哥达律师拉维(M Ravi)认为,即便总理弟妹李显扬和李玮玲,都曾对总理以及其内阁,作出相似乃至更严重的指控。

故此,拉维认为如果总理弟妹作出类似乃至更严重的指控且未被起诉,那么就不应起诉迪哥达。

拉维是在去年12月11日申请,要求将迪哥达的刑事诽谤案交给高庭审理,并探讨对迪哥达的起诉,是否抵触新加坡宪法第12(1)条(法律面前人人平等)。他也指触及对宪法的解读,国家法院没有足够权限审理。

然而,在昨日(20日)的审讯,国家法院法官认为,辩方未提出新的法律问题,也没有初步证据可佐证,对迪哥达的指控存有偏见。故此驳回迪哥达的申请。

法官指高庭法官曾在先例提及,任何国家法院审理案件,若过程中出现明确法律问题,而只有当有关法律问题不曾为高庭处理、或具有严重争议,才有必要移交高庭诠释。

对于宪法12(1条),控方则提及2012年毒犯Ramalingam Ravinthran的裁决先例,已有详细解读。

对此拉维将在下周向高庭提刑事动议。

另一方面,拉维也要求控方在开审前出示迪哥达的口供,亦遭法官驳回,理由是被告没有任何法律根据提出上述要求,且提早公开内容或影响日后审讯。

迪哥达在2018年12月12日,在刑事法典第499条文,以及第500条文下被提控。他被指控在2018年9月4日,电邮了含诽谤内阁成员内容的文章到《网络公民》。其中提及“高层腐败”(corruption at the highest echelons)。

在刑事法典第500条文下阐明,任何涉及诽谤他人者,一旦罪名成立,可能面对最高两年监禁或罚款,或两者兼施。

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Government to “carefully consider” Lee Hsien Yang’s demolition application for 38 Oxley Road

The Singapore Government will “carefully consider” Mr Lee Hsien Yang (LHY)’s application to demolish the house at 38 Oxley Road. LHY announced his intent on Tuesday morning following the recent death of his sister, Dr Lee Wei Ling, reaffirming his commitment to honour his parents’ wish for the house’s demolition.

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The Singapore Government has indicated that it will “carefully consider” Mr Lee Hsien Yang’s (LHY) application to demolish the family home at 38 Oxley Road.

LHY, the youngest son of Singapore’s founding Prime Minister, the late Lee Kuan Yew (LKY), announced his intention to apply for the demolition in a Facebook post on 15 October 2024, following the death of his sister, Dr Lee Wei Ling, on 9 October.

The announcement marks a significant development in the ongoing saga over the fate of the historically significant property, which has been at the heart of a family dispute since LKY’s passing in 2015.

In his will, executed in December 2013, LKY expressed his desire for the house to be demolished “immediately after” Dr Lee moved out of the property. Dr Lee, a prominent neurologist, had been the last remaining resident of the house.

LHY reaffirmed his commitment to carrying out his father’s wishes, stating, “After my sister’s passing, I am the only living executor of my father’s estate. It is my duty to carry out his wishes to the fullest extent of the law.”

He added that he would seek to build a small private dwelling on the site, which would be “held within the family in perpetuity”.

LHY also referenced his brother, Senior Minister Lee Hsien Loong’s (LHL) remarks in Parliament in 2015, when he was Prime Minister, stating that upon Dr Lee’s passing, the decision to demolish the house would rest with the “Government of the day.”

In response to media queries regarding LHY’s announcement, a spokesperson for the Ministry of National Development (MND) acknowledged the intended application and emphasised that the Government would “carefully consider issues related to the property in due course”.

The spokesperson also highlighted that any decision would need to balance LKY’s wishes, public interest, and the historical value of the house.

The house at 38 Oxley Road, where key decisions about Singapore’s path to independence were made, has been a focal point of public and political discussion.

The future of the house became contentious in 2017 when LHY and Dr Lee publicly accused their elder brother, LHL, of trying to preserve the house against their father’s wishes for political reasons.

LHL denied the accusations, issuing a Ministerial Statement in Parliament, where he also raised concerns over the preparation of their father’s final will. He clarified that he had recused himself from all decisions regarding the property and affirmed that any government action would be impartial.

In 2018, a “secret” ministerial committee, which was formed in 2016 to study the future of 38 Oxley Road, proposed three options: preserving the property and designating it as a national monument, partially demolishing the house while retaining the historically significant basement dining room, or allowing complete demolition for redevelopment. LHL accepted the committee’s conclusions but stated that no immediate decision was necessary, as Dr Lee was still living in the house.

In a statement conveyed by LHY on behalf of Dr Lee after her passing, she reiterated her strong support for her father’s wish to demolish the house. “My father, Lee Kuan Yew, and my mother, Kwa Geok Choo, had an unwavering and deeply felt wish for their house at 38 Oxley Road to be demolished upon the last parent’s death,” the statement read.

She added, “He had also appealed directly to the people of Singapore. Please honour my father by honouring his wish for his home to be demolished.”

Despite selling the house to LHY at market value in 2015, LHL’s stance regarding the house’s preservation became a public issue, especially after the family disclosed that the Government had raised concerns about reinstating the demolition clause in the 2013 will. The ministerial committee had reviewed the matter, but a final decision was deferred until now.

The fate of 38 Oxley Road remains to be seen, but the Government’s decision will likely have lasting implications for the legacy of the Lee family and the conservation of Singapore’s historical landmarks.

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Farewell to Dr Lee Wei Ling: Rain marks solemn tribute, echoing her father’s funeral

Dr Lee Wei Ling’s funeral was conducted on 12 October 2024, in Singapore, with family members leading the procession in the rain. In a heartfelt eulogy, her brother, Lee Hsien Yang, remembered her dedication to medicine and family. Dr Lee had requested a simple ceremony, with her ashes to be scattered at sea.

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Li Huanwu and Li Shaowu sending off their aunt, Dr Lee Wei Ling in the rain (Photo: Lianhe Zaobao/唐家鴻)

Dr Lee Wei Ling was farewelled on 12 October 2024, in a solemn funeral ceremony attended by close family members and friends.

The weather was marked by light rain, drawing comparisons to the conditions during her father, Lee Kuan Yew’s funeral in 2015.

Her nephews, Li Huanwu and Li Shaowu, led the procession, carrying Dr Lee’s portrait and walking side by side under the rain, symbolically reflecting the loss felt by her family.

In his emotional eulogy through a recorded video, her brother, Lee Hsien Yang, spoke of Dr Lee’s profound contributions to medicine and her unshakable devotion to family.

He described her as a remarkable individual whose life had left an indelible mark on those who knew her, as well as on Singapore’s medical community.

Expressing deep sorrow at her passing, Lee Hsien Yang reflected on their close bond and the immense loss he felt, having been unable to attend her final farewell.

He recalled his private goodbye to her in June 2022, a poignant moment that stayed with him during her last months.

Lee Hsien Yang also reiterated Dr Lee’s wish for a simple funeral, a reflection of her humility.

In accordance with her wishes, her body was cremated, and her ashes will be scattered at sea, symbolising her desire for a modest and unobtrusive departure from the world.

LHY acknowledged the efforts of his sons, Li Huanwu and Li Shaowu, for their role in managing their aunt’s care during his absence, thanking them for their dedication to her comfort in her final days.

During his eulogy for his sister, Lee Hsien Yang also conveyed a message from Dr Lee regarding the family’s long-standing issue surrounding their home at 38 Oxley Road.

Quoting from Dr Lee’s message, LHY said: “My father, Lee Kuan Yew, and my mother, Kwa Geok Choo’s, unwavering and deeply felt wish was for their house at 38 Oxley Road, Singapore 238629, to be demolished upon the last parent’s death.”

Dr Lee had been a vocal advocate for ensuring that this wish was honoured since Lee Kuan Yew’s death in 2015.

Dr Lee and LHY had strongly supported their father’s wishes, while their elder brother, Prime Minister Lee Hsien Loong, took a different stance. This disagreement led to a public and highly publicised rift within the family.

In her final message, Dr Lee reiterated: “Lee Kuan Yew had directed each of his three children to ensure that their parents’ wish for demolition be fulfilled. He had also appealed directly to the people of Singapore. Please honour my father by honouring his wish for his home to be demolished.”

Dr Lee had maintained a private life, focusing on her medical career as a respected neurologist. She was known for her candid views, often unflinching in her advocacy for transparency and integrity.

Her professional accomplishments, combined with her strong commitment to her parents’ legacy, made her a significant figure in both Singapore’s medical community and public discourse.

Diagnosed in 2020 with progressive supranuclear palsy (PSP), a rare neurodegenerative disorder, Dr Lee faced immense physical and emotional challenges in her final years.

The illness progressively affected her movement, speech, and ability to swallow.

Despite her health struggles, Dr Lee remained actively involved in public discussions, particularly on matters concerning her father’s legacy, until her condition worsened to the point where communication became difficult.

By March 2023, her brother LHY revealed that her condition had deteriorated significantly, and he feared he might not be able to see her again due to his own circumstances.

Even in her final months, Dr Lee maintained a close relationship with her immediate family, who cared for her during her illness.

Dr Lee’s funeral and cremation mark the end of a significant era for the Lee family and Singapore.

Her legacy as a dedicated neurologist and a firm advocate for her parents’ values will continue to resonate, even as the debates over the future of the Oxley Road property remain unresolved.

The rain that fell during her funeral, so reminiscent of her father’s final farewell, added a symbolic layer to this momentous chapter in Singapore’s history.

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