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High Court orders Li Shengwu to attend hearings for cross-examination

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5 years ago

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The High Court on Mon (3 Feb) has ordered Li Shengwu to attend court hearings to be cross-examined in relation to the contempt of court case made against him.

Justice Kannan Ramesh dismissed Mr Li’s applications to set aside questions posed to him by the Attorney-General’s Chambers (AGC) and for discovery to obtain certain documents from the AGC.

The Harvard economics professor and the nephew of Prime Minister Lee Hsien Loong was also required to answer the questions posed to him on oath within 14 days, the AGC was reported as saying yesterday.

The High Court on Mon also ordered Mr Li to present the documents he cited in his defence affidavit.

The AGC said that it has filed another application seeking a declaration from the court that Mr Li and his lawyers had engaged in the abuse of the judicial process, in relation to the release of Mr Li’s defence affidavit to the media last Sep.

The release was done before the affidavit was admitted into evidence or referred to in any court hearing, which is a breach of paragraph 29A(3) of the Supreme Court Practice Directions, said the AGC.

Reiterating its previous statement, the AGC said yesterday that Mr Li’s affidavit “contained matters that were scandalous and irrelevant to the issues in the case”.

The AGC noted that Mr Li and his lawyers “have since filed affidavits apologising for the breach”.

The court struck out parts of Mr Li’s affidavit after a hearing of the full submissions from both the AGC and Mr Li’s counsel on 22 Nov last year, added the AGC.

Li Shengwu should “make himself available for cross-examinations” if he “has nothing to hide”, says AGC

The AGC in a statement on 23 Jan alleged that Mr Li’s decision to withdraw from the proceedings is “significant”, as a “cross-examination will bring out the truth as to what actually happened, and Mr Li’s intentions in making the post”.

“The questions he was asked included how many Facebook friends he had at the time of his post and whether they included members of the media. This is relevant to the question of whether Mr Li would reasonably have foreseen his post to be published by the media.

“Mr Li refused to answer these questions. The clear inference is that his answers would have been damaging to his case,” the AGC argued, adding that Mr Li’s decision to withdraw from the proceedings “is a clear acknowledgment that his defence has no merits”, and that “it is obvious that he knows that his conduct will not stand up to scrutiny”.

Commenting on its serving of papers on Mr Li whilst outside Singapore, the AGC said: “While the Court of Appeal did not accept all of the AGC’s arguments, the Court confirmed in April 2019 that he had been validly served. This was again after full arguments (including from Mr Li’s counsel).”

“As early as August 2017, Mr Li had already stated that he would not be returning to Singapore for the proceedings. It is therefore clear that he never intended to come back to Singapore to defend himself, but was using legal representation in the proceedings as a platform to launch baseless allegations
 against the AGC and others,” the AGC claimed.

Touching on Mr Li’s allegations that the AGC’s purported actions — namely, applying to have parts of his defence affidavit struck out, and demanding to have said parts sealed in the court record to conceal them from the public eye — are “part of a broader pattern of unusual conduct by the AGC”, the AGC claimed that such “striking out applications are expressly provided for in the Rules of Court and are regularly made”.

Li Shengwu withdraws from proceedings to not “dignify” the AGC’s conduct with his participation

In a Facebook post on 22 Jan, Mr Li revealed that he is withdrawing from the contempt of court proceedings instituted by the AGC against him.

Mr Li said that the AGC had recently applied to strike out parts of his own defence affidavit “with the result that they will not be considered at the trial”.

He also alleged that the AGC had “demanded that these parts be sealed in the court record, so that the public cannot know what the removed parts contain”.

“This is not an isolated incident, but part of a broader pattern of unusual conduct by the AGC. For instance, when arguing jurisdiction in the court of appeals, the AGC argued that a new piece of legislation should be retroactively applied against me.

“The court saw it as unfair for the new legislation to apply retrospectively,” he noted.

Mr Li said that he will no longer “continue to participate in the proceedings against me”, as he “will not dignify the AGC’s conduct by my participation”.

While he said that he will “continue to be active on Facebook, and will continue to regard my friends-only Facebook posts as private”, he remarked that he had removed his cousin Li Hongyi from his Facebook friends list. Li Hongyi is the son of PM Lee.

“Surreal mess” since July 2017

In 15 July 2017, Mr Li wrote in a private Facebook post that is only accessible to his connections and said that “the Singapore government is very litigious and has a pliant court system”, which he noted referred to the constraints surrounding what the media is allowed to or able to report regarding the high-profile dispute of his paternal family.

He was referring to the family dispute surrounding the 38 Oxley Road home of Li’s late grandfather and Singapore’s founding Prime Minister Mr Lee Kuan Yew, in which his father Mr Lee Hsien Yang, his aunt Dr Lee Wei Ling, and Mr Lee Hsien Loong were involved.

After his post, a relatively unknown blog posted a screenshot of his private Facebook post, which was then made viral through the SMRT Feedback by The Vigilanteh Facebook page. The blog is owned by the same entity that runs the SMRT Feedback by The Vigilanteh Facebook page.

Following the shares, AGC issued a public statement to local media saying that it was looking into a Facebook post by Mr Li, in which he questioned the independence of Singapore’s courts.

On 21 July that year, AGC sent a warning letter to Mr Li claiming that he made “false and baseless allegations” about the Singapore judiciary’s purported lack of independence.

The warning letter also requested him to “purge the contempt” by deleting the post from his Facebook page and other platforms, and asked him to “issue and post prominently” on his Facebook page a written apology and undertaking drafted by the AGC.

By 4 August 2018, the AGC filed an application in the High Court to commence committal proceedings against him for contempt of court, which was permitted by Justice Kannan Ramesh.

In October, AGC then “ambushed” Mr Li with “court papers in public” whilst he was delivering a lecture in “Scott Kominers’ brilliant market design class” at Harvard University.

In Dec 2018, the law firm representing Mr Li noted that the court papers filed by the AGC exceeded 1,300 pages.

Following this, Mr Li decided to challenge the court order that enabled the AGC to serve papers on him in the United States.

Lawyers told CNA previously that presently, should Mr Li decide to not turn up in court and is found to be in contempt of the court in the hearings — regardless of his absence — he may be issued a warrant of arrest.

He may be also arrested if he decides to return to Singapore, they added.

As of yesterday (3 Jan), Mr Li’s lawyers Abraham Vergis and Asiyah Ahmad Arif of Providence Law Asia discharged themselves as his counsel in the present case.

The court will hear the AGC’s application at a later date.

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Court Cases

AGC announces no charges against businessman Lum Kok Seng in Iswaran case

In a statement on 4 October, the Attorney-General’s Chambers announced no charges against businessman Lum Kok Seng. This follows the sentencing of former Minister S. Iswaran, who pleaded guilty to five charges, including receiving gifts from Lum such as wine, whisky, and a Brompton T-Line bicycle.

Published

18 hours ago

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4 October 2024

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SINGAPORE: The Attorney-General’s Chambers (AGC) announced on 4 October 2024 that no charges will be filed against businessman Lum Kok Seng  (林國城).

Mr Lum, the managing director of Lum Chang Holdings, had been named in March this year as one of two businessmen involved in a case concerning former transport minister S Iswaran.

The AGC had previously stated that it would take a decision regarding Mr Lum following the conclusion of Iswaran’s case.

On 24 September, Mr Iswaran pleaded guilty to a total of five charges, including receiving luxury items from Mr Lum between November 2021 and November 2022.

The items, allegedly given without any compensation, included several bottles of high-end whisky and wine, expensive golf equipment, and a premium bicycle.

The specific gifts from Mr Lum to Mr Iswaran were detailed as follows:

  • Four bottles of Gordon & MacPhail Caol Ila whisky valued at S$1,084.46
  • Fourteen bottles of whisky and wine worth S$3,255.75
  • A TaylorMade golf driver valued at S$749
  • Two more bottles of Gordon & MacPhail Caol Ila whisky, priced at S$542.23
  • A set of Honma Beres BE-08 Black AQ MX golf clubs worth S$4,420
  • A Brompton T Line bicycle worth S$7,907.50
  • Two bottles of M&H Elements Sherry Cask whisky worth S$198
  • A Scotty Cameron Phantom golf putter and two golf chippers valued at S$800

In total, these gifts amounted to approximately S$18,956.94.

These items were given during a period when Lum Chang Holdings was involved in a contract for construction work at Tanah Merah MRT station.

Attorney-General’s Chambers cites evidentiary risks in reducing Iswaran’s corruption charges

On 3 October, Iswaran has been sentenced to 12 months in jail after pleading guilty to four amended charges under Section 165 of Singapore’s Penal Code and one charge of obstructing the course of justice under Section 204A(a) of the Penal Code.

Iswaran admitted to accepting valuable gifts from prominent businessmen, including Ong Beng Seng, chairman of Singapore GP, and Mr Lum, while holding public office.

These gifts, which included private flights and other benefits, were worth over S$400,000 in total.

The 35 charges against Iswaran were amended by the prosecution on 24 September from corruption to lesser offences under Section 165, which pertains to public servants receiving valuable items in connection with their official duties.

The court also took into account Iswaran’s admission of obstructing the course of justice, for which he had repaid over S$5,000 to Singapore GP for a business-class flight he had taken at Ong’s expense.

The remaining 30 charges were taken into account during sentencing.

Iswaran had originally faced 35 charges, including two counts of corruption.

The charges were amended from two counts of corruption under the Prevention of Corruption Act (PCA) to offences under Section 165.

This section, unlike Section 8 of the PCA, does not include a presumption of corruption, which would have placed the burden on the accused to prove the gifts were not given as inducements.

The AGC in an explanation cited substantial evidentiary risks in proving the original corruption charges, which involved  Ong Beng Seng and Lum Kok Seng.

The AGC noted that proving the original corruption charges under PCA would have been difficult due to the involvement of both Iswaran and Ong as primary parties.

Both would have had to implicate themselves to establish corrupt intent.

The AGC explained that “there are two primary parties to the transactions, and both would have an interest in denying corruption in the transactions.” This made securing a conviction for corruption highly uncertain.

In light of these risks, the AGC amended the charges to offenses under Section 165 of the Penal Code, which carries a lower evidentiary threshold and a reduced maximum sentence of two years’ imprisonment.

According to AGC, the amendment was made to ensure a fair and just outcome while considering public interest.

 

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Court Cases

Ong Beng Seng faces two charges linked with Iswaran’s offences, out on S$800k bail

Property tycoon Ong Beng Seng was charged on 4 October with abetting offences in relation to former Minister S Iswaran’s corruption case. Ong, the managing director of Hotel Properties Limited, faces charges under Sections 165 and 204A of Singapore’s Penal Code. His case has been adjourned to 15 November, and he is currently out on S$800,000 bail.

Published

20 hours ago

on

4 October 2024

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SINGAPORE: Property tycoon and hotelier Ong Beng Seng charged in court on Friday (4 October) with two offences linked to former Transport Minister S Iswaran’s case.

Mr Ong, who serves as Hotel Properties Limited (HPL)’s managing director, faces one count each under Sections 165 and 204A of Singapore’s Penal Code for abetment.

Section 165 pertains to a public servant obtaining valuables from individuals with whom they have an official relationship, while Section 204A deals with obstructing justice.

If found guilty under Section 165, offenders face up to two years in jail, a fine, or both. Abetting such offences carries the same penalties if the crime is committed due to the abetment.

Ong’s charges stem from his involvement in a high-profile corruption case linked to Iswaran.

The defence has requested a six-week adjournment for further instructions from Ong, a motion the prosecution, led by Deputy Chief Prosecutor Christopher Ong, did not oppose.

The case has been rescheduled for a pre-trial conference on 15 November at 9 am.

Ong is currently out on S$800,000 bail and is represented by Aaron Lee from Allen & Gledhill.

The 80-year-old businessman was named in Iswaran’s initial graft charges earlier this year.

These charges alleged that Iswaran had corruptly received valuable gifts from Ong, including tickets to the 2022 Singapore Formula 1 Grand Prix, flights, and a hotel stay in Doha.

These gifts were allegedly provided to advance Ong’s business interests, particularly in securing contracts with the Singapore Tourism Board for the Singapore GP and the ABBA Voyage virtual concert.

Although Iswaran no longer faces the original corruption charges, the prosecution amended them to lesser charges under Section 165.

Iswaran pleaded guilty on 24 September, to four counts under this section, which covered over S$400,000 worth of gifts, including flight tickets, sports event access, and luxury items like whisky and wines.

Additionally, he faced one count of obstructing justice for repaying Ong for a Doha-Singapore flight shortly before the Corrupt Practices Investigation Bureau (CPIB) became involved.

On 3 October, Iswaran was sentenced to one year in jail by presiding judge Justice Vincent Hoong.

The prosecution had sought a sentence of six to seven months for all charges, while the defence had asked for a significantly reduced sentence of no more than eight weeks.

Ong was arrested by CPIB in July 2023

Ong, a Malaysian national based in Singapore, was arrested by CPIB in July 2023 and released on bail shortly thereafter.

Although no charges were initially filed against him, Ong’s involvement in the case intensified following Iswaran’s guilty plea.

The Attorney-General’s Chambers (AGC) had earlier indicated that it would soon make a decision regarding Ong’s legal standing, which has now led to the current charges.

According to the statement of facts read during Iswaran’s conviction, Ong’s case came to light as part of a broader investigation into his associates, which revealed Iswaran’s use of Ong’s private jet for a flight from Singapore to Doha in December 2022.

CPIB investigators uncovered the flight manifest and seized the document.

Upon learning that the flight records had been obtained, Ong contacted Iswaran, advising him to arrange for Singapore GP to bill him for the flight.

Iswaran subsequently paid Singapore GP S$5,700 for the Doha-Singapore business class flight in May 2023, forming the basis of his obstruction of justice charge.

In addition to Ong, construction tycoon Lum Kok Seng was also linked to the additional charges filed against Iswaran in March this year.

Iswaran, who became transport minister in 2021, admitted to accepting valuable items worth approximately S$19,000 from Lum, including a Brompton bicycle, luxury wines, and golf equipment.

However, no charges have been publicly announced against Lum.

Controversies surrounding Ong

This is not the first time Ong has found himself embroiled in controversy.

The 1990s saw questions over luxury condominium units sold by his company to Senior Minister Lee Kuan Yew and his son. The units, part of the Nassim Jade and Scotts 28 condominiums, were allegedly sold at special discounts.

This raised eyebrows due to Ong’s familial links with the Lees – his uncle, Lee Suan Yew, was a director at HPL. Although then Prime Minister Goh Chok Tong cleared the Lees of any wrongdoing in 1996, the incident has remained a notable mark on Ong’s business record.

Furthermore, an investigative report by the Organized Crime and Corruption Reporting Project in 2018 revealed allegations of corruption involving Ong in the leasing of two islands in the Maldives.

The report suggested that HPL had sidestepped Maldivian laws requiring public tender for island leases, instead conducting direct negotiations with Maldivian officials.

It was also alleged that a US$5 million payment made for the lease of Fohtheyo island had been siphoned off through a company associated with friends of the then Maldivian Vice President Ahmed Adeeb. Ong did not respond to these allegations.

Ong, who is the founder of the Singapore-based organization Hotel Properties and a shareholder in many businesses, has a net worth of S$1.7 billion.

Together with his wife Christina, they ranked No. 25 on Forbes’ Singapore’s 50 Richest list, which was published in August 2022.

 

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