The moral compass of the elites

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Kwa Kim Li fined $13,000 after being found guilty of misleading Lee Hsien Yang and sharing confidential information with PM Lee without LHY’s consent​

May 10, 2023
By Jewel Stolarchuk

Lawyer Kwa Kim Li was found guilty of making the false and misleading representation that Mr Lee Kuan Yew had never instructed her to change his will

A disciplinary tribunal has fined senior lawyer Kwa Kim Li a total of $13,000 and ordered her to pay Lee Hsien Yang (LHY) close to about $21,000 in costs and disbursements after finding her guilty of misconduct unbefitting an advocate and solicitor.
The ruling was released on Friday (5 May) and represents the latest development in the ongoing dispute between founding Prime Minister Lee Kuan Yew’s (LKY) children. The feud erupted following disagreements about the late elder statesman’s will and his desire to have their family home at 38 Oxley Road demolished after his death.
Ms Kwa Kim Li, who is Mr Lee’s wife Kwa Geok Choo’s niece, has played a central role in the saga as Mr Lee’s solicitor.
On Friday, she was ordered to pay $8,000 after being found guilty of making the false and misleading representation that LKY never instructed her to change his will dated 2 Nov 2012.
She was also found guilty of misleading LHY and Dr Lee Wei Ling (LWL) by omitting to disclose her communications with LKY between November 2013 and 13 Dec 2013 in response to their enquiries.
On top of this, Kwa was found to have breached confidentiality by sharing documents with LKY’s eldest son and current Singapore Prime Minister Lee Hsien Loong (LHL), without the consent of LHY and LWL, the executors and trustees of their father’s will. She was charged with a $5,000 penalty for this.
The acts amount to misconduct unbefitting an advocate and solicitor as an officer of the Supreme Court under section 83(2)(h) of the Legal Profession Act.
As the disciplinary tribunal found the harm committed by Kwa’s misconduct to be “low” and her culpability being “low to medium,” it ordered Kwa to pay penalties that it found to be “sufficient and appropriate to the misconduct committed.”
The tribunal also ordered Kwa to pay LHY costs in the sum of $12,000 and disbursements in the sum of $9,182.29.


The findings of the tribunal
The tribunal assessed two charges the Law Society and LHY brought, respectively.
The Law Society charged Kwa with knowingly disclosing confidential documents and information to LHL without the consent of the executors of the estate. The confidential information Kwa shared with the PM includes five previous wills, email trails between LKY and herself, and explanations for why LKY changed his previous wills.
Kwa admitted to the facts set out in this charge and admitted that these facts amounted to misconduct unbefitting of an advocate and solicitor. She, however, said that this is a breach of confidentiality of the lowest level as LKY would have wanted her to share the information with his children.

She added that she released the confidential information to LHL out of deep loyalty to her uncle, even though he did not specifically instruct her to do so.
The tribunal accepted that there is no evidence suggesting that Kwa was acting with any improper motives. It noted that she had a close personal relationship with her client and his children, who are her first cousins, with whom she grew up.
It, however, noted that it would have been clear to Kwa that she was dealing with sensitive family issues and that she should have acted strictly within her professional boundaries and exercised care and caution. The tribunal said that her misconduct was “her failure to scrupulously safeguard” LKY’s confidentiality.
Meanwhile, LHY, as the complainant, charged Kwa with misleading him and his sister by omitting and/or otherwise failing to disclose her communications with their father between November 2013 and 13 December 2013 in response to their enquiries.
She was also accused of making the false and misleading representation that LKY had never instructed her to change his will dated 2 November 2012.
The two emails that are the subject matter of LHY’s charge were sent by Kwa on 4 June 2015 and 22 June 2015.
The tribunal found that LHY and LWL’s email to Kwa on 3 June did not require reference to the Nov/Dec 2013 communications between Kwa and their father when she replied on 4 June. Based on the evidence it heard, the tribunal said it does not find the charge regarding the 4 June 2015 email to be made out on the facts.
The tribunal, however, found that Kwa did mislead LHY in her email on 22 June.
This time, the email LHY sent to Kwa clearly sought information on what she discussed with his father in Nov/Dec 2013.
LHY and LWL wanted to know the background that led to the signing of Will No. 7. Between Nov/Dec 2013, LKY had several discussions with Kwa about the changes he wanted to make to his will.
Specifically, LKY wanted to share the increase in value of 38 Oxley Road upon any degazetting to be shared equally between his three children instead of having it be retained by LHL, who was to be bequeathed the Oxley property.
He also wished to give all three children equal shares, and Kwa stated that she would prepare a codicil to affect his wish for his signature that week or when he was ready. She added that she had “some thoughts” on the Oxley Road property and would call LKY later that day.
On 13 Dec 2013, LKY sent another email to Kwa asking for a further amendment to his will regarding the bequest for two carpets to LHY.
The tribunal agreed that it was this information that LHY sought from Kwa. But when asked for the background which led to the signing of Will No. 7, Kwa did not refer to her discussions with LKY at all and replied:
“After your father signed Will no. 6 dated 2nd November 2012, he did not instruct me to change his Will. I first learnt about Will no. 7 via email from Fern and Lin Hoe.”
Wong Lin Hoe served as Private Secretary to Lee Kuan Yew.
Kwa told the tribunal that her statement was true and complete as she was not involved at all in the preparation or execution of Will No. 7, but the tribunal did not accept her submissions. It said:
“The issues are quite simple. The first question is whether the November / December 2013 communications should have been disclosed in response to a query on the background to the signing of Will No. 7.
“The second question is whether the omission to disclose made the response misleading. The third question is whether it was true that the Respondent did not receive any instructions to change the Testator’s Will.”
Noting that Kwa failed to disclose the Nov/Dec 2013 communications when asked and gave the “unequivocal impression” that she had no knowledge as to how Will No. 7 came about, the tribunal said:
“We find that the nub of the queries by LHL and LWL was to find out how Will No. 7 came about, and not the formalities of its execution. It is clear that the Respondent knew that the Testator wanted to change the 6th Will and that the changes related to the shares amongst the children in the Oxley Road property.”
Asserting that Kwa did receive instructions relating to the changes that were shortly made, the tribunal found that Kwa’s omission to disclose the Nov/Dec 2013 emails in her email of 22 June 2015 is misleading. It added:
“We further find that her statement in that same email that she did not receive any instructions from the Testator to change his Will is false.”
The tribunal, however, found no direct evidence that Ms Kwa knowingly or deliberately misled the recipients of the 22 June 2015 email. There was also no evidence or even suggestion that she chose to avoid disclosure for personal or any partisan purposes.
Despite this, the tribunal noted that Ms Kwa should have been complete and accurate in her response. It said: “We find that had the Respondent exercised due care and diligence, she ought to have disclosed the November / December 2013 communications in the 22 June 2015 email and ought not have stated that she had received no instructions to change the Testator’s Will.”

 

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‘I should have forced the issue sooner’: PM Lee explains approach to Tan Chuan-Jin, Cheng Li Hui affair​

Goh Yan Han
Political Correspondent

August 2, 2023

SINGAPORE – Prime Minister Lee Hsien Loong acknowledged on Wednesday in Parliament that he should have acted earlier on the affair between former Speaker of Parliament Tan Chuan-Jin and former People’s Action Party (PAP) MP Cheng Li Hui.
In his ministerial statement, he said that he had been asked why he took so long, more than two years, to act.
“It is a fair question. In retrospect, and certainly now, knowing how things eventually turned out, I agree. I should have forced the issue sooner,” he said.
He added that by giving the matter some time, he had hoped to give them a softer exit, and save them and their families the pain and embarrassment they are suffering now.
“I placed much weight on protecting their families – perhaps too much,” said PM Lee.
“Regrettably, in the end Mr Tan and Ms Cheng did not stop the affair, and both had to go. On reflection, as I said, I should have forced the issue earlier, certainly before midterm,” he added.
Parliament had gone into recess at the end of March, marking the middle of its five-year term. It resumed after two weeks, on April 10.


On Wednesday, PM Lee described the facts of the incident between Mr Tan and Ms Cheng.
He had first learnt of their relationship in November 2020, some time after the general election.
The pair were spoken to and counselled separately, and both said they would stop the affair, which they did not.

“Most recently, in February 2023, I spoke to them again, separately. Mr Tan admitted that what he did was wrong. He offered to resign. I accepted, but I told him that before he actually resigned, I had first to make sure residents in Kembangan-Chai Chee, his ward, and Marine Parade, his GRC, were taken care of,” said PM Lee.
PM Lee said he wanted to explain his general approach, as well as his thinking at that point in time.
These sorts of relationships happen from time to time, he said.
They have happened in the past, and no doubt will happen again in the future. In such cases, what is done depends on many factors – the circumstances, how inappropriate or scandalous the behaviour is, and the family situations, said PM Lee.
“We also have to be conscious of the impact on innocent parties – particularly the spouses and children… This is not a new position – it reflects the PAP’s longstanding practice, since the days of Mr Lee Kuan Yew,” he said.
He added that there is no single template that applies to all extramarital affairs, but there can be at least three situations.

Former Speaker of Parliament Tan Chuan-Jin (left) and former People’s Action Party MP Cheng Li Hui were spoken to and counselled separately. Both said they would stop the affair, which they did not. PHOTOS: GOV.SG, MCI
First, where the individuals involved will be talked to, and if they stop, the matter ends there and no further action is needed.
Second, where immediate action has to be taken – for example, if one of the individuals has supervisory power over the other.
PM Lee noted that the party had in the past taken immediate action in a few cases.
In 2012, then Speaker of Parliament Michael Palmer resigned just days after he came clean about his extramarital affair.
Third, where the relationship raises some questions of propriety, beyond it being an extramarital affair.
The individuals will be talked to, but the matter cannot end there, said PM Lee.
Even if the affair stops, some action has to follow – but what that action is and when it is taken depends on the nature of the facts and the boundaries transgressed, he said.
“The present situation falls into this third category. It’s wrong. Mr Tan and Ms Cheng had to stop their affair. I told them to stop.”

PM Lee asked members to consider if they would object to having a Speaker married to an MP, in deciding what more should be done in the incident involving Mr Tan and Ms Cheng.
“I think the answer is no – that would be perfectly all right. There is no direct reporting line between the Speaker and an MP. Thus, an open, legitimate relationship between the Speaker and an MP is not in itself objectionable,” he said.
Thus, this situation of a Speaker having an affair with an MP does not fall into the category where immediate action has to be taken.
But the Speaker has some official capacity vis-a-vis MPs, said PM Lee.
“An extramarital affair between him and an MP is therefore problematic. It puts other MPs and staff in an awkward position, and it is just not proper,” he added.
PM Lee said that after he spoke to Mr Tan in November 2020, he was told that the relationship would end, and he took it to be so.
He therefore felt there was some leeway to take some time to decide what further steps to take.
One possible action that could have followed would have been, should the affair have stopped, that PM Lee would ask Mr Tan to step down as Speaker some time before the end of the term, in a way that would reduce the public embarrassment to him and his family.
“As to whether one or both should also resign as MPs – I hadn’t decided at that time, but quite likely both would have had to leave at some point,” he said.
PM Lee added a “personal plea” that while there was no doubt the two of them had behaved improperly, there are also innocent family members involved.
“Likewise for the case involving a former member across the aisle, in the Workers’ Party. All their families are suffering,” said PM Lee, referring to the affair between former Aljunied GRC MP Leon Perera and former senior Workers’ Party member Nicole Seah.
Mr Perera and Ms Seah resigned from the party after initially lying about their affair, Leader of the Opposition Pritam Singh said in a press conference in July.

PM Lee said on Wednesday that he hoped MPs and the public could empathise and have compassion for the families, and give them the privacy and space they need to heal.

PAP has taken a hit, but will continue to uphold standards​

The PAP has taken a hit with the investigation into Transport Minister S. Iswaran, and the resignations of two MPs, PM Lee acknowledged on Wednesday.
But he assured Singaporeans that the party would protect the integrity of the system of government.
“For the good of our country, we will carry through what needs to be done in accordance with the law, even if it may be politically embarrassing and painful to the party. I will not flinch or hesitate to do my duty, to keep our system robust and clean.”
He said: “But we will show Singaporeans that we will uphold standards and do the right thing, so that trust is maintained, and the Singapore system continues to work well.
“This is my approach, and I am confident it will be my successor’s approach too. And this is how we will keep Singapore safe, strong and prosperous for many years to come.”
He noted that there had been a great deal of public interest over the recent series of incidents, with the Corrupt Practices Investigation Bureau (CPIB) arresting and investigating Mr Iswaran, the resignation of two MPs, and the allegations on the Ridout Road rentals.
“The way we have handled these incidents shows how seriously the PAP takes our responsibility of governing Singapore, and being accountable to Parliament and to Singaporeans,” said PM Lee, addressing the House.
He assured MPs that when such issues come up, the party will deal with them properly and transparently, as it has done.

On the issue of CPIB’s investigation involving Mr Iswaran, when the bureau discovered on its own that it had reason to arrest and interview a minister, it opened a formal investigation.
“Nobody tipped them off. There had been no public scandal. CPIB came across something that needed investigating, and proceeded to do their job,” PM Lee said.
On the issue of the PAP MPs’ affairs, he added: “We took some time to sort it out, probably longer than we should have. But we did what we needed to do, and put the situation right.”
The CPIB had also earlier thoroughly investigated ministers K. Shanmugam and Vivian Balakrishnan on the Ridout Road rentals, and found no wrongdoing on their part.
These incidents show two aspects of how the PAP government works, said PM Lee.
One, when there is a suspicion or allegation of wrongdoing in the discharge of official duties, especially possible corruption, there is zero tolerance.
Two, when people slip in their personal lives, the PAP will look at the facts of each case carefully, and deal with the matter as humanely and sensitively as possible, according to the principles the party has established, he said.
“Systems are composed of human beings. In any system, however comprehensive the safeguards, sometimes something will still go wrong. The PAP Government does our utmost to minimise that possibility,” said PM Lee.
He added that the party works hard to identify the right people to bring into politics and appoint to responsible positions. They are vetted carefully, tested and stretched, before they are entrusted with heavier responsibilities.
Often they measure up, but sometimes they fall short. Occasionally they transgress norms of conduct, or commit wrongdoing, he said.
He noted that Singapore has seen corruption cases involving political office-holders in the past, including Mr Teh Cheang Wan, former minister for national development, in 1986; and Mr Phey Yew Kok, former MP and president of the National Trades Union Congress, in 1979.
“All these cases were handled by Mr Lee Kuan Yew who was then prime minister – thoroughly, transparently, and applying the full force of the law. That is still how the PAP Government deals with such cases. It’s not changed under my charge; and it won’t under my successor either,” said PM Lee.

 

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Shanmugam, Vivian have done nothing wrong and retain my full confidence: PM Lee on Ridout Road saga​

Goh Yan Han
Political Correspondent

JUL 4, 2023

SINGAPORE - Ministers K. Shanmugam and Vivian Balakrishnan have done nothing wrong and retain his full confidence, said Prime Minister Lee Hsien Loong, following probes by the Corrupt Practices Investigation Bureau (CPIB) and Senior Minister Teo Chee Hean that uncovered no criminal wrongdoing or improper conduct.
There is nothing wrong with ministers renting black-and-white bungalows from the Singapore Land Authority (SLA) as both had, provided it is properly done and all procedures are followed, he added.
Addressing Parliament on the Ridout Road issue on Monday, PM Lee said ministers in Singapore are paid a clean wage – “realistic, competitive, but clean wage”.
“They don’t get perks, there’s no official house to live in. You get a salary. It’s for you to judge what you need it for, for your lives. Save it, give it away, spend it, put it in a house, travel, whatever,” he said.
“Therefore, where ministers decide to live, whether they want to rent, whether they want to buy, these are personal choices.”
The debate came after weeks of public speculation on the circumstances by which both Law and Home Affairs Minister Mr Shanmugam and Foreign Minister Dr Balakrishnan came to rent the bungalows at 26 and 31 Ridout Road respectively. MPs had submitted over 20 questions ahead of this week’s sitting.
When he heard that both ministers had rented the colonial bungalows, PM Lee said his assessment, without going into it in depth, was that he did not believe there was wrongdoing.


“I had every confidence that my ministers and the SLA officials who dealt with them would have done the right things and handled the rentals properly,” he said.
However, the issue continued to attract public interest and both ministers asked him to conduct an investigation independent of their ministries.
PM Lee then decided that, “notwithstanding my confidence in them and in the system”, it would be best to task the CPIB to conduct a formal investigation and to establish definitively if there was any corruption or wrongdoing.

“The CPIB is independent. It has built up a strong reputation as an anti-corruption outfit... Everybody in Singapore knows what it means when CPIB invites you to lim kopi (drink coffee),” he said.
Apart from the legal question of whether there was criminal conduct, PM Lee said he wanted a broader review, including on SLA’s processes, whether there was preferential treatment enjoyed by the ministers, and whether any privileged information was disclosed to them.
“As PM, my duty is not just to be satisfied that legally there was no wrongdoing, but whether – quite apart from the law – there was any other kind of misconduct or impropriety.”
He then tasked SM Teo to conduct this review to complement CPIB’s investigation.

PM Lee noted that SM Teo is his most senior minister in terms of years in Cabinet and experience.
“I appointed him to show that I had every intention to maintain the Government’s and the PAP’s (People’s Action Party) longstanding high and stringent standards of integrity and propriety,” he said.
He noted some MPs had suggested on Monday that SM Teo was not sufficiently independent to conduct the investigation.
PM Lee said he viewed it differently. For corruption and wrongdoing, an independent process is in place, such as a CPIB investigation and referral to the Attorney-General’s Chambers.
“But ethics and standards of propriety – those are the Prime Minister’s responsibility. I have to set the standards of what’s ethical, what’s proper,” he said.
“I cannot outsource them, for example, to appoint an ethics adviser to tell me what is proper or not proper. I have to know what is proper or not. Otherwise I shouldn’t be here.”
Addressing Workers’ Party chief Pritam Singh’s remarks on the subject, PM Lee said: “The Leader of the Opposition paid CPIB and paid the Government a compliment just now when he said, nobody is suggesting corruption on the part of the ministers.”
Mr Singh had said earlier in the sitting: “I don’t believe anybody is making an allegation that the minister is corrupt, somebody is corrupt in the system... Singaporeans are not making that point. I think it’s quite clear.”

PM Lee noted that Monday’s parliamentary discussion was not meant to just resolve the issue of the Ridout Road rentals.
He said: “It is also a demonstration of how the PAP (People’s Action Party) is determined to uphold the standards which it has set itself from the beginning, in 1959.
“This Government has not, and will never, tolerate any compromise or departure from the stringent standards of honesty, integrity and incorruptibility that Singaporeans expect of us.”
This is the foundation not just for the people’s trust in the PAP government, but for the integrity and good functioning of Singapore’s political system, said PM Lee.
“This is my commitment and the PAP government’s unwavering commitment to Singaporeans.”

Recapping the debate​

Speaking at the end of a close to six-hour exchange, SM Teo noted that a broader point underlying the discussion was the issue of equity and fairness.
Uplifting all Singapore citizens is a shared aspiration of MPs from both sides of the House, he said, adding that the PAP government is dedicated to building an inclusive and progressive society.
SM Teo also spoke on the importance of a clean government and upholding integrity among those in public service – whether elected, or public officers.
He noted that PM Lee had acted firmly on the Ridout Road matter by directing CPIB to investigate, even though reports from the Ministry of Law and SLA did not indicate a high likelihood of wrongdoing.
He added: “I am glad today that in this House, we have agreed to focus on the facts and the truth, not just on wild allegations, rumours or perceptions.
“This is important so that we can build a system with a strong foundation, which will help to bring in good people to continue to serve in government, to take Singapore further forward.”
SM Teo also said he was glad that no one was alleging corruption.
Earlier on Monday, SM Teo had said that to prevent conflict of interest, public servants who have access to government property leasing or valuation matters will have to make a declaration, before they can rent such properties managed by their agencies.
The Prime Minister will also review the declarations required for property transactions for ministers and PAP MPs.

Both Mr Shanmugam and Dr Balakrishnan then addressed MPs’ questions on their rental of the two properties.
Mr Shanmugam said he spent more than $500,000 refurbishing 26 Ridout Road, and is not making money from its rental.
Between the rent he was paying to live in the bungalow and the money he was receiving from renting out his family home – a good class bungalow – he was at net deficit, after accounting for property and income tax.
Dr Balakrishnan said he and his wife had rented the bungalow so their children and grandchildren could be under one roof.
He added that the property was in an “advanced state of disrepair” when his family took over the tenancy. Extensive repairs were necessary to make the house liveable.
Addressing questions related to SLA, Second Minister for Law Edwin Tong said SLA had acted properly in leasing out the properties at 26 and 31 Ridout Road, and there was “every reasonable, commercial basis” for the transactions.
Mr Tong said the terms of both leases were standard and did not deviate from usual processes. He noted that SLA’s valuation department did not know the prospective tenant for 26 Ridout Road was Mr Shanmugam.

Separately, in response to a question on whether ministers living in private properties like black-and-whites are able to relate to the people, Mr Shanmugam said that grappling with inequality is “not just an academic exercise” as he grew up in rental housing.
“Mr Lee Kuan Yew set up a system that allowed a poor Indian kid to become a successful lawyer to do well,” he said.
“You don’t deal with inequality by preventing poor kids from doing well... You tackle inequality by providing for social mobility by helping people to move up.”
Mr Shanmugam also answered questions from MPs, including from Mr Singh, on whether his decision to ask the then deputy secretary at the Law Ministry for a list of available properties was appropriate.
The minister said this was done so that the ministry knew what he was doing, and for total transparency.
“I think it was important for me to have told my ministry, so this is not on a private errand or something,” he said.

 

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Man accused of slapping woman’s buttock has molestation charge compounded​

Paul Lim Choon Wui, who was given a discharge amounting to an acquittal, had been accused of molesting the victim in 2022. ST PHOTO: KELVIN CHNG

Shaffiq Alkhatib
Court Correspondent

Oct 2, 2023

SINGAPORE - A man who was accused of molestation after he allegedly slapped a woman’s buttock had his charge compounded, the terms of which were not mentioned in court.
Mr Paul Lim Choon Wui, a Cambridge master’s degree holder and former commander of Tanglin Police Division, also apologised over the incident on Monday.
Addressing the court, the 52-year-old said: “I’m sorry to the complainant for the distress caused.”
Under the law, only certain offences can be compounded, such as simple cases of causing hurt and outrage of modesty.
Compounding an offence requires an agreement with the victim to have the matter compensated, usually with a payment or an apology.
The public prosecutor will consider the public interest, circumstances of the offence and whether there are any aggravating factors, before agreeing to the terms.
Mr Lim, who was given a discharge amounting to an acquittal, which means he cannot be charged again with the same offence, had been accused of molesting the victim in 2022.

He is said to have used his left hand to slap a 25-year-old woman’s left buttock in a unit of a building in Bukit Merah at around 9pm on July 7 that year.
Mr Lim, who was the commander of Tanglin Police Division about 10 years ago, had left the police force by then.
The former policeman, who was represented by lawyer Adrian Wee from Lighthouse Law, declined to comment.
Mr Lim held various positions in the Singapore Police Force between 1990 and 2010 before joining security solutions provider Secura Group, where he was chief executive.
He left the firm in October 2017, citing the pursuit of personal interests as the reason.
Offenders convicted of molestation can be jailed for up to three years, fined or caned, or receive any combination of such punishments.

 

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Ex-New Silkroutes Group CEO Goh Jin Hian, three others charged with market manipulation​

Goh Jin Hian was chief executive of New Silkroutes Group from 2015 to 2020. PHOTO: SHIN MIN DAILY NEWS

Grace Leong
Senior Business Correspondent

Sep 20, 2023

SINGAPORE - The former chief executive of Singapore-listed New Silkroutes Group Goh Jin Hian and three other men were slapped with a total of 132 charges related to false trading offences in the State Courts on Wednesday.
The other three men charged are the healthcare and energy firm’s former chief corporate officer Kelvyn Oo Cheong Kwan and former finance director William Teo Thiam Chuan, as well as Huang Yiwen, the sole director of GTC Group, a commercial market maker that New Silkroutes had engaged.
Market makers help ensure there is enough liquidity in the markets.
Goh, 54, the son of former prime minister Goh Chok Tong, was chief executive of New Silkroutes from 2015 to 2020. In 2020, he also stepped down as non-independent and non-executive chairman of the group.
In a statement on Wednesday, the police said the four men were each charged under the Securities and Futures Act with 31 counts of engaging in a conspiracy to create a misleading appearance with respect to the share price of New Silkroutes.
They allegedly placed orders and executed trades in the company’s shares with the purpose of pushing up its share price on 31 trading days between Feb 26 and Aug 27 in 2018.
The alleged orders and trades include share buybacks carried out through the company’s corporate trading account, the police said.

Goh faced a further eight counts of violating securities regulations. He allegedly placed orders and executed trades in the company’s securities through his DBS Private Bank personal trading account with the purpose of pushing up New Silkroutes’ share price on eight trading days between Aug 31 and Dec 4 in 2018.
Shares of New Silkroutes have been suspended since Nov 15, 2021.
All four men are out on bail. If convicted of an offence under Section 197 of the Securities and Futures Act, they face a jail term of up to seven years or a maximum fine of $250,000, or both.

New Silkroutes had said in October 2020 that Goh resigned from his post of non-independent and non-executive chairman to “devote more time to his personal affairs”.
Teo, meanwhile, stepped down that same month to “focus on personal matters and to pursue other interests”. Oo left his position in August 2020.

Their resignations came after the company disclosed that Goh and Teo were helping the police’s Commercial Affairs Department with investigations.
The charges followed a joint investigation between the Commercial Affairs Department and the Monetary Authority of Singapore.
Separately, a High Court trial began in April between the liquidators of insolvent marine fuel supplier Inter-Pacific Petroleum (IPP) and Goh, its former director, over US$156 million (S$207 million) in losses resulting from his alleged breach of director’s duties.
Lawyers for IPP’s liquidators, who are seeking to recover that sum, accused Goh of “sleepwalking through his time as a director”, and failing to discover and stop drawdowns in trade financing between June and July 2019 to fund alleged “non-existent or sham transactions”.
But Goh said the suit was a “blatant attempt to scapegoat him”, as he was “not involved in any sham transactions”.
The civil trial ended on May 11 and parties are awaiting judgment.

 

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$4k fine for doctor who drove car after drinking beer, tried to swop seats when he saw roadblock​

Nah Kwang Meng had dinner and consumed around three to four glasses of beer before going behind the wheel on July 14, 2022. ST PHOTO: KELVIN CHNG

Shaffiq Alkhatib
Court Correspondent

Oct 20, 2023

SINGAPORE – In an attempt to evade arrest, a doctor who drove a car after drinking beer tried to change seats with his passenger when he spotted a police roadblock.
The passenger refused to do so and Nah Kwang Meng, who practises at Dr Nah & Lee Family Clinic in Woodlands, initially failed a breathalyser test after he stepped out of the vehicle.
He was later found to have 32 micrograms of alcohol in 100 millilitres of breath – below the prescribed legal limit of 35 micrograms.
Even though he had not been drink driving, Nah, 41, was fined $4,000 on Friday after he pleaded guilty to one count of attempting to perform an act that could pervert the course of justice.
Assistant Public Prosecutor Chye Jer Yuan told the court that before going behind the wheel on July 14, 2022, Nah had dinner and consumed around three to four glasses of beer.
He was driving along Sophia Road towards Upper Wilkie Road shortly before 11.30pm when he spotted a police roadblock.
The APP said: “The accused requested his front-seat passenger to swop seats with him, so that he would not be presented as the driver of the vehicle at the roadblock.

“He believed that he would fail the alcohol breathalyser test and would be arrested for drink driving if the police found out that he was the driver. The accused continued in persuading him to swop seats, despite being rejected by his front passenger several times.”
A Traffic Police officer approached Nah when he stepped out of the car. Nah claimed that he alighted to retrieve surgical masks from the boot of the vehicle to pass to his passenger.
He was arrested after he failed the breathalyser test. Another test was conducted and the amount of alcohol in his breath was later found to be below the prescribed legal limit.
Nah was represented by lawyers Chooi Jing Yen and Chen Yongxin from the Eugene Thuraisingam law firm.
Mr Chooi said Nah wanted to plead guilty to his offence from the outset and stressed that the latter did not change seats with the passenger.
Court documents did not disclose the identity of the passenger and how Nah’s attempt to swop seats came to light.

 

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Doctor who has ‘obsession’ with sex with underage girls loses overnight access to his 2 kids​

Senior Judge Chan Seng Onn agreed with the mother that there was a risk of harm to the children posed by the father’s negative influence. PHOTO: ST FILE

Selina Lum
Senior Law Correspondent

Oct 24, 2023

SINGAPORE – A doctor has lost overnight access to his 15-year-old daughter and 12-year-old son after his former wife submitted transcripts of audio recordings in court to show his sexual promiscuity and “unhealthy obsession” with pornography and sex with underage girls.
The transcripts included several conversations between the 43-year-old doctor and his close friend, a teacher who taught him when he was in junior college.
In one conversation, the friend was introducing two 14-year-old girls – one of whom was a student in his class – to the doctor, so the latter could have sex with them.
In another, the doctor laughed after the friend said: “If it is 18, it will be okay... but you are still in for 14 and 15.”
The friend even offered to take care of the doctor’s two children, to which the father replied “okay”.
In written grounds of decision issued on Tuesday, Senior Judge Chan Seng Onn said that having reviewed the relevant transcripts, he was satisfied that some of the mother’s assertions were sufficiently borne out by the evidence such that the removal of the father’s overnight and overseas access to his children was justified.
He agreed with the mother that there was a risk of harm to the children posed by the father’s negative influence, and by his discussion with his friend for the friend and another man to take care of the children from time to time.

Justice Chan said the transcripts showed that the father’s lustful desire extended not just to prostitutes and pornography, but also to underage girls.
He said that putting aside whether the father’s predilection for underage girls would amount to a crime, the evidence at least established that the man had been open to the possibility of placing his children in the care of two men who had been encouraging him to have sex with underage girls.
Justice Chan rejected the father’s argument that his words were intended to be merely “jokes” or “locker room talk”.

The judge said this argument lost all force when he considered that in one conversation, the friend mentioned that the father had actually met up with at least one underage girl, and in another conversation, the man had asked the friend for the contact details of another girl.
He added that he could not see how the conversation relating to the possibility of putting the children in the care of two men could be a joke or “locker room talk”. “There was nothing funny in that conversation,” he said.
The couple married in June 2006. The woman, a 43-year-old teacher, filed for divorce in June 2021. Interim judgment for the uncontested divorce was granted on in October 2021.
Following mediation sessions, the parties consented for the father to be given access to the children from Thursdays to Sundays, as well as during school holidays. The father was allowed to have overnight access within the stipulated days and the right to take the children overseas during the school holidays.

On Aug 30, 2023, Justice Chan heard the mother’s request to reduce the father’s access to the children, together with matters relating to the division of matrimonial assets and maintenance.
According to the mother, the father spent very little time with the children and reverted to his promiscuous lifestyle by checking into “sleazy” hotels on the weekends he was supposed to have access to the children.
She said he watched obscene videos without using headphones. He would even watch pornography in the car before visiting his mother, after dropping off his friend and before picking the children up.
She also alleged that he had paid for sex on multiple occasions with women, including employees of a local public hospital, and that he left condoms and other sexual objects around the house in places easily seen by the children.
She also claimed that he was outsourcing the care of their children to the same friends who not only encouraged his sexual escapades but also introduced underage girls to him.
Justice Chan was not persuaded that the mother proved that the father had left sexual objects around the house.
However, he said that from the transcripts, the father’s appetite for pornography was plain to see.
In a particularly egregious instance, it appeared that the father had even watched pornography right after sending the children to their room.
“Whatever the father’s pornographic tendencies, this was generally a matter falling within his private life. The same applied to the father’s alleged patronage of the services of prostitutes. Obviously, the father was no saint. Although the law would not go so far as to expect him to live up to saintly standards, the law would expect the father not to place his children in harm’s way,” said the judge.
The judge rejected the father’s argument that even if the allegations were true, these audio recordings were known to the mother at the time she consented to the access orders.
He said the mother had consented to the father’s request for generous access, as she believed it would have been in the interests of their children to spend meaningful time with the father. However, the father reverted to his old ways.
The judge said even if the mother had both knowledge of and accepted the father’s lasciviousness, the court could not stand idly by in the face of evidence pointing to a real risk that the children might be placed in harm’s way.
The father has appealed against the decision.

 

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Former IPP director Goh Jin Hian liable for US$146M losses suffered by company: High Court​

Goh Jin Hian served as a director of Inter-Pacific Petroleum from June 28, 2011 to Aug 20, 2019. PHOTO: SHIN MIN DAILY NEWS FILE

Grace Leong
Senior Business Correspondent

Feb 6, 2024

SINGAPORE - The High Court has found Goh Jin Hian, a former director of insolvent marine fuel supplier Inter-Pacific Petroleum (IPP), liable for breach of director’s duties, statutory duties and losses suffered by the firm amounting to US$146 million (S$196m) plus interest.
The liquidators of IPP had sued Goh to recover US$156 million in losses, accusing him of “sleepwalking through his time as a director” and failing to discover and stop drawdowns in trade financing between June 2019 and July 2019 to fund alleged non-existent or sham transactions.
The 55-year-old served as a director of IPP from June 28, 2011 to Aug 20, 2019.
According to the liquidators, the trade financing came from IPP’s two largest creditors - Malayan Banking (Maybank) and the Singapore branch of Societe Generale (SocGen).
It consisted of US$146 million drawn down for cargo trading operations, and US$10.5 million drawn from SocGen’s facility for IPP’s bunkering operations allegedly when IPP was balance-sheet insolvent.
High Court Justice Aedit Abdullah, in brief remarks issued on January 24, detailed the responsibilities of a company director.

He noted that while a director is not an internal auditor, checking every singular detail, the obligation is to monitor the affairs of the corporation.

“This entails, among others, at least broad level supervision of the activities of the officers of the corporation, for the protection of the company, shareholders and creditors,” the judge said.
He found that Goh, the son of former prime minister Goh Chok Tong, had “breached the fiduciary duty owed to the company to take into account the interests of the creditors”.
“It is not necessary for the company to be actually insolvent; the duty arises when the company is in parlous state.

“I do find that the company was in difficulties at the least by June 2019, as indicated by it being balance-sheet insolvent then, and that it was in financial difficulties,” he said.
But the judge said the claim for the loss of $10.5 million “has not been made out” as IPP has “not sufficiently shown how this claim arose out of the breach in question”.
In response to The Straits Times’ questions, Goh said: “I am considering an appeal against the judgment and will discuss this with my lawyers.”
According to Goh’s opening statement, IPP’s cargo trades and its books and records were directly managed out of its Hong Kong office by Ms Zoe Cheung, a former director and 85 per cent shareholder, and former chief financial officer Wallace To.
“If Dr Goh (was suspicious about) IPP’s finances, and was inclined to investigate, he would require Zoe and Wallace’s cooperation,” it said.

The judge found that the defendant played an active role in the management of the company, adding that the evidence did not show he reduced his role to a purely non-executive one after July 2015.
“The defendant in his specific circumstances owed the duty to be fully apprised of the affairs of the company, especially those relating to its profitability or otherwise.
“That thus entailed a need for him to be aware of and to monitor all the activities, including the cargo trading business.”
Justice Abdullah said Goh showed a lack of knowledge of IPP’s cargo trading business, which was a significant portion of the company’s activity.
“What was adduced by the plaintiff did sufficiently make out ignorance,” the judge said.
During the High Court trial in April 2023, Senior Counsel Lok Vi Ming, who represents Deloitte & Touche, IPP’s judicial managers turned liquidators, questioned why Goh failed to inquire and investigate a large amount of receivables – US$132 million – allegedly owed to IPP by Mercuria Energy Trading.
Had he done so, he would have learnt that the invoices IPP issued to Mercuria from September 2017 to February/March 2018 were for bogus transactions, and he would have prevented IPP from drawing down on the trade financing with SocGen and Maybank in June 2019 and July 2019.
The liquidators also alleged that Goh missed another opportunity to investigate IPP’s affairs in June 2019, when its bunker operator craft licence was suspended after the Maritime and Port Authority of Singapore detected operational irregularities during an inspection.
They said that while Goh told the authority that IPP was “under tremendous financial strain”, he did so “without bothering to check IPP’s financial position”.
This is because if he had done so, he would have “discovered that there were receivables amounting to about US$964.9 million as of June 2019”.
And if he had checked on the validity and accuracy of these receivables, “the sham transactions would have been exposed”, the liquidators argued.
The judge found that due to Goh’s failure to act on several red flags that had emerged around Feb 7, 2018, “the full extent of the losses claimed by IPP should be allowed”.
“Loss was caused to the plaintiff through the transactions and drawdowns which should not have been carried out and would not have been had the defendant performed his duties,” the judge ruled.
On Goh’s defence relating to the adequacy of information provided within IPP, Justice Abdullah found the information insufficient to answer the queries “that should have been pursued by the defendant as a director, given both the magnitude and the circumstances of these financial issues”.
“An honest and reasonably diligent director would have persisted and probed further,” he noted.
“I do find that on the balance of probabilities, the fraud would have discovered had he inquired,” Justice Abdullah said.
“In particular, once (Goh) appreciated the large amount supposedly owed to (IPP) by Mercuria, he would have uncovered things that would have triggered at least if not an immediate call to the authorities, at least one soon after, staunching any loss to the company.
“This was, as noted by the plaintiff, something that he discovered fairly promptly in reality when he eventually realised that there was cargo trading being undertaken,” the judge noted.
Goh held 36 concurrent directorships between 2017 and August 2019.
In 2020, he stepped down as non-independent, non-executive chairman of healthcare and energy firm New Silkroutes Group and resigned as independent director of cord-blood banking firm Cordlife Group.
In September 2023, Goh and three other men were handed a total of 132 charges related to false trading offences in the State Courts.
Goh himself faced 39 charges under the Securities and Futures Act over allegations including manipulating the share price of New Silkroutes over various periods in 2018.

 

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Two individuals related to Seatrium charged with corruption offences involving bribes in Brazil​

Tan Nai Lun
Published Thu, Mar 28, 2024

Lee Fook Kang and Wong Weng Sun at the State Courts on Mar 28, 2024. (Photos: CNA/Eugene Goh)

TWO individuals related to Seatrium, formerly Sembcorp Marine, have been charged with corruption offences involving the payment of bribes for the benefit of persons in Brazil.
The public prosecutor is also in discussions with Seatrium on a deferred prosecution agreement (DPA) that will require the company to pay a financial penalty for the alleged corruption offences, said the Corrupt Practices Investigation Bureau (CPIB) and the Attorney-General’s Chambers (AGC) in a joint statement on Thursday (Mar 28).
The two individuals charged are Wong Weng Sun – who was president, executive director and chief executive of Seatrium, and managing director of subsidiary Jurong Shipyard at the time of the alleged offences; and Lee Fook Kang – senior general manager of Jurong Shipyard at the time of the alleged offences.

Wong and Lee each faces five charges of conspiring to corruptly give gratification to Guilherme Esteves de Jesus (GDJ), a former consultant with Seatrium, for the benefit of persons in Brazil, to advance the business interests of the company’s subsidiaries in Brazil.

Wong has also been charged with obstruction of justice.
He allegedly instructed two employees of Seatrium in 2014 to remove an email sent by GDJ containing evidence of bribes that GDJ had given or would be giving to other persons.

As for the proposed DPA, the company will likely be required to pay a financial penalty of US$110 million. Up to US$53 million of the amount may be used to offset the settlement payment totalling 670,699,731.73 Brazilian real, which are under the in-principle settlement agreements that the company has reached with the authorities in Brazil.
This is a settlement under which the prosecution agrees to defer criminal charges against a corporate offender, in exchange for the corporation’s agreement to comply with various conditions, such as admission of wrongdoing, payment of financial penalties, and implementation of corporate reform.
Contents and terms of the DPA remain to be worked out and agreed upon. It will also have to be approved by the General Division of the High Court before it comes into force.
The AGC said it considered all the relevant factors in this case, including the available evidence, and assessed that there was sufficient evidence to mount a prosecution.
This is unlike the Keppel Offshore & Marine case where there were evidentiary difficulties, it added.
In May 2023, the CPIB said it was “acting on information received” and investigating Seatrium, and individuals from the company for alleged corruption offences in Brazil.
This comes after Seatrium in March 2023 issued a notice that its wholly owned subsidiary, Estaleiro Jurong Aracruz, was being investigated for “alleged irregularities” in its practices.
Any person convicted of a corruption offence can be imprisoned for up to five years and/or fined up to S$100,000. Any person convicted of an offence of obstruction of justice can be imprisoned for up to seven years and/or fined.

 

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Former Sembcorp Marine CEO and ex-Jurong Shipyard senior GM charged with bribing Brazil officials​

Tan Nai Lun

MAR 28, 2024

Lee Fook Kang and Wong Weng Sun at the State Courts on Mar 28, 2024. (Photos: CNA/Eugene Goh)
SINGAPORE - Two individuals related to Seatrium, formerly Sembcorp Marine, have been charged with corruption offences involving the payment of bribes for the benefit of persons in Brazil.
The public prosecutor is also in discussions with Seatrium on a deferred prosecution agreement (DPA) that will require the company to pay a financial penalty for the alleged corruption offences, said the Corrupt Practices Investigation Bureau (CPIB) and the Attorney-General’s Chambers (AGC) in a joint statement on March 28.
The two individuals charged are Wong Weng Sun – who was Sembcorp Marine’s president, executive director and chief executive officer, and managing director of subsidiary Jurong Shipyard at the time of the alleged offences; and Lee Fook Kang – senior general manager of Jurong Shipyard at the time of the alleged offences.
Wong, 62, and Lee, 75, each faces five charges of conspiring to corruptly give gratification to Guilherme Esteves de Jesus (GDJ), a former consultant with Seatrium, for the benefit of persons in Brazil, to advance the business interests of the company’s subsidiaries in Brazil.
The alleged offences took place between 2009 and 2014, where a total sum of around US$44 million (S$59.3 million) was handed to GDJ.
Wong has also been charged with obstruction of justice.
He allegedly instructed two employees of Seatrium in 2014 to remove an email sent by GDJ containing evidence of bribes that GDJ had given or would be giving to other persons.

As for the proposed DPA, the company will likely be required to pay a financial penalty of US$110 million (S$148 million). Up to US$53 million of the amount may be used to offset the settlement payment totalling 670,699,731.73 Brazilian real, which are under the in-principle settlement agreements that the company has reached with the authorities in Brazil.
This is a settlement under which the prosecution agrees to defer criminal charges against a corporate offender, in exchange for the corporation’s agreement to comply with various conditions, such as admission of wrongdoing, payment of financial penalties, and implementation of corporate reform.
Contents and terms of the DPA remain to be worked out and agreed upon. It will also have to be approved by the General Division of the High Court before it comes into force.
The AGC said it considered all the relevant factors in this case, including the available evidence, and assessed that there was sufficient evidence to mount a prosecution.
This is unlike the Keppel Offshore & Marine case where there were evidentiary difficulties, it added.
In May 2023, the CPIB said it was “acting on information received” and investigating Seatrium, and individuals from the company for alleged corruption offences in Brazil.
This comes after Seatrium in March 2023 issued a notice that its wholly owned subsidiary, Estaleiro Jurong Aracruz, was being investigated for “alleged irregularities” in its practices.
Any person convicted of a corruption offence can be imprisoned for up to five years and/or fined up to $100,000. Any person convicted of an offence of obstruction of justice can be imprisoned for up to seven years and/or fined.

 

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RSAF officer who molested female student in NTU dormitory gets 4 weeks’ jail​

Neo Aik Chiao pleaded guilty on Jan 10 to one count each of molestation and criminal trespass. PHOTO: ST FILE

Shaffiq Alkhatib
Court Correspondent

MAR 19, 2024

SINGAPORE – A Republic of Singapore Air Force (RSAF) lieutenant-colonel who molested a female student in a Nanyang Technological University (NTU) dormitory in 2022 was sentenced to four weeks’ jail on March 19.
Neo Aik Chiao, 47, who had flown helicopters, including a Chinook, pleaded guilty on Jan 10 to one count each of molestation and criminal trespass.
A second criminal trespass charge was taken into consideration during his sentencing.
Neo had entered the 21-year-old victim’s room, located on a floor reserved for female students.
There is a gag order on the victim’s name and the specific location of the incident to protect her identity.
In an earlier statement, the Ministry of Defence said Neo has been suspended from all duties.
The ministry also said it would carefully assess the eventual findings before deciding on further action.

In earlier proceedings, defence lawyers Sunil Sudheesan and Joyce Khoo from Quahe Woo & Palmer said Neo went to NTU, his alma mater, to seek emotional comfort, as the institution represented “a place of fond memories and familiarity”.
They said Neo had been in a low mood since his godfather, whom he was very close to, died in June 2022.
The lawyers added that before committing the offences, Neo had consumed beer and planned to visit his godfather’s home to seek solace, but ended up at NTU instead.

Deputy Public Prosecutor Wong Shiau Yin told the court that the victim was lying on a bed in her dormitory at about 2am on Nov 13, 2022, when she heard a knock on the door. Neo opened it before she could react.
He spoke to her briefly before entering the room without her permission. Neo then closed the door and locked it.
He sat on the bed and told her that he was tired as he had just climbed many flights of stairs.

DPP Wong said the victim was puzzled but did not react, as Neo looked tired and was sweating profusely.
He asked the student for a drink, and she directed him to a water cooler on another level.
Instead of leaving, Neo remained seated on her bed and asked for directions to Halls 10 and 14, saying he was looking for a friend who was residing in one of the blocks.
After the student told him where they were, Neo asked for directions to other halls.
He then asked her if she wanted to earn some extra income and “accompany” him for $1,000.
“The victim felt uncomfortable as the accused was making a sexual proposition,” said DPP Wong.
The student rejected Neo, saying she did not need the money, and told him to leave. But Neo went on to touch her left thigh.
After the student repeated her request for him to leave her room, Neo stood up from the bed, walked towards her and touched her left arm.
He placed his hands on her shoulders and said in Mandarin: “Is $1,000 okay? Can you accompany me?”
Scared, the victim pushed Neo away and shouted for him to leave the room.
He eventually walked to the door and told the student it was locked and that he could not open it.
The student then took out her phone to call her friend. When Neo saw this, he unlocked the door and left the room.
The student called campus security and made a police report.
A report from the Institute of Mental Health stated that Neo was intoxicated at the time of the offence, and that there may be a partial contributory link between his intoxication and loss of restraint.
The report added that he was of sound mind at the time of the offence.
On March 19, the court ordered Neo’s sentence to be backdated to his arrest and to take into account the 16 days he had spent in remand.
His lawyers told The Straits Times that he is expected to be released in about a week’s time.