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Defamation trial: PM Lee says he could not absolutely rule out disagreeing with siblings on ensuring LKY’s wish on 38 Oxley Road demolition

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Prime Minister Lee Hsien Loong could not give a straight answer as to whether he would agree with his two siblings over the wishes of their late parents on the demolition of the property at 38 Oxley Road.

Testifying in court as a witness during the first day of the trial of his defamation suit against TOC’s chief editor Terry Xu on Monday (30 November), PM Lee said that he could not get Mr Lee Hsien Yang and Dr Lee Wei Ling to agree with him on demolishing the house at 38 Oxley Road.

PM Lee’s defamation suit against Mr Xu pertains to an article published on TOC on 15 August last year titled “PM Lee’s wife, Ho Ching weirdly shares article on cutting ties with family members”.

The article contained alleged defamatory statements made by PM Lee’s siblings Mr LHY and Dr LWL in relation to the 38 Oxley Road dispute.

During his cross-examination of PM Lee at the witness stand, Mr Xu’s lawyer Lim Tean asked the prime minister if he may not agree with his siblings on demolishing the property at 38 Oxley Road.

As a response to this, PM Lee said that he was not consciously thinking about it but could have not ruled it out completely as well.

“It was not consciously on my mind, but if you (had) asked me at that time, I could not have absolutely ruled it out,” PM Lee said.

When pressed for a clearer explanation by Mr Lim on whether the prime minister thinks he could not agree with his siblings on knocking down the property, PM Lee explained: “Yes, the answer is a direct no. I did not expect division. I thought that there was understanding and common agreement as to the way to proceed”.

“We proceeded completely openly. Ho Ching and I kept the family fully informed of what we were doing, especially after my father had decided to will the house to me and we thought everything was settled.

“My father also said that the will was settled (and) represented what the three siblings had agreed to. It was only after died and the will was read that the disagreement (took place),” said PM Lee.

Difficult to go against public pressure if siblings can’t agree to demolish property: PM Lee

During the hearing, Mr Lee also explained that he did not want the three siblings to decide on demolishing the property as it would be difficult for them to go against the public pressure.

“The reason why I did not want it to be left to the three children to decide is that it would have become even if the three children could agree to knock it down.

“It would have been very difficult for us to go against the public pressure and say our father left it to us and we have decided to knock it down, not putting aside the possibility that the three children could not agree,” PM Lee explained.

Explaining why he was reluctant to demolish the property, PM Lee said that if the siblings insist on tearing down the building, it will be redeveloped into a more dense property, adding that he believes it is “unwearable”.

“If we insist on knocking down (the property), the house (will) develop and as a result, benefit financially from it because redeveloping doesn’t just mean putting back the house and renting it out.

“But redeveloping really means developing it into denser developed, paying development charges – including the plot ratio, building several units on what is now one piece of land,” the prime minister noted.

Background of PM Lee Hsien Loong’s defamation suit against TOC chief editor Terry Xu

In September last year, PM Lee asked TOC to remove the article as well as a Facebook post linking to it, and publish a full and unconditional apology.

It was said that the article contained alleged defamatory statements made by PM Lee’s siblings in relation to the 38 Oxley Road dispute.

At the heart of the 38 Oxley Road dispute is the house owned by the Lee siblings’ late father and Singapore’s founding prime minister Lee Kuan Yew and the elder Lee’s wish to have the house demolished instead of being turned into a museum or government relic.

Mr LHY and Dr LWL are joint executors and trustees of Mr LKY’s estate.

In a joint statement released on 14 June 2017, which was shared on their Facebook pages, PM Lee’s two younger siblings claimed, among multiple other allegations, that PM Lee and his wife Ho Ching had defied Mr LKY’s wish to demolish the house.

They also alleged that PM Lee and Mdm Ho were responsible for instilling and perpetuating the Government’s stance to preserve the house at 38 Oxley Road, including PM Lee’s purported move to demonstrate that Mr LKY had changed his mind on having the house demolished.

Mr LHY and Dr LWL also claimed that PM Lee had engaged in abuse of power as Prime Minister to obtain a copy of the Deed of Gift from then-Minister of National Development Lawrence Wong, which was then passed to his personal lawyer Lucien Wong at the time for his own purpose.

The younger Lee siblings also alleged that Mdm Ho wielded significant influence in the Government despite not being a public official.

PM Lee issued a statement the same day to counter the allegations. Despite that, Mr LHY and Dr LWL continued to make claims against PM Lee in subsequent Facebook posts.

Following that, PM Lee announced in June the same year his plans to deliver a ministerial statement in Parliament the next month to address the allegations made by his siblings.

The prime minister delivered his ministerial statement on 3 July 2017, in which he branded the allegations as baseless.

PM Lee also said that he would not be suing Mr LHY and Dr LWL as doing so would further besmirch their parents’ name.

The next day, PM Lee delivered another ministerial statement, in which he said that he would not call for a Select Committee or a Commission of Inquiry to be convened into the 38 Oxley Road dispute and his siblings’ allegations.

Mr LHY and Dr LWL on 4 July — the same day PM Lee made his second ministerial statement on the matter — in a joint statement alleged that PM Lee had improperly misrepresented to LKY that the gazetting of 38 Oxley Road was either “inevitable” or that the house was already gazetted.

Two days later on 6 July, Mr LHY and Dr LWL jointly stated that they would not post any further evidence on the allegations if PM Lee and the Government do not interfere with Mr LKY’s wish — as well as their own — to have the house demolished.

PM Lee responded the same day by saying that he could not concede to his siblings’ demand to withdraw plans to deliver his ministerial statement and to hold the debate in Parliament, as well as disbanding the Ministerial Committee and not responding to their accusations.

Mr LHY and Dr LWL henceforth continued to make posts on matters relating to 38 Oxley Road.

However, PM Lee decided to file a defamation suit against Mr Xu for publishing the article that contained the allegedly defamatory statements made by Mr LHY and Dr LWL in relation to the 38 Oxley Road dispute.

Prior to that, PM Lee’s press secretary Chang Li Lin wrote to Mr Xu, asking the latter to remove the “libellous” article and to publish a “full and unconditional” apology.

PM Lee later began legal proceedings against Mr Xu after the latter had refused the demands made in Ms Chang’s letter.

The trial continues tomorrow on Tuesday (1 December).

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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.

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2 days 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.

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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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