SIX YEARS INTO HYFLUX's COLLAPSE: Where did the “missing” $3 Billion go? Some investigations drag out for years and such mysteries never get solved.

Hyflux sought to position itself as a growth company instead of utility company to get better valuations​

Concerns over the water treatment company being rerated from a growth company to a utility company emerged in a meeting in January 2011.


Concerns over the water treatment company being rerated from a growth company to a utility company emerged in a meeting in January 2011.

Aug 20, 2025

SINGAPORE - Hyflux sought to position itself as a growth company rather than a utility company to get better market valuations, the lead counsel for Olivia Lum told the court on Aug 20.

Building a strong pipeline of projects, including Tuaspring, was one strategy to achieve this, added Senior Counsel Davinder Singh on the fifth day of the criminal trial involving Lum, former chief financial officer Cho Wee Peng and four other former independent directors.

Mr Singh took the prosecution’s second witness, Ms Winnifred Heap Ah Lan, through minutes taken during a series of risk management committee meetings, in which managing shareholder confidence was a growing focus. Ms Heap was Hyflux’s head of corporate communications and investor relations at the time.

Prior to Hyflux being named preferred bidder for the Tuaspring project in March 2011, concerns over the water treatment company being rerated from a growth company to a utility company emerged in one such meeting in January 2011.

In one section, Ms Heap had presented on the difference between a growth company and a utilities company.

According to minutes from that meeting, she had said: “Once a growth company proves that it can deliver results, the market rewards them ahead of time, such an example being Apple Inc. On the other hand, the PE (price to earnings) ratio of a utilities company is comparatively lower and the market only rewards the company when delivery is proven.”

When asked by the prosecution on Aug 19 why concerns emerged over the possibility of Hyflux being rerated, Ms Heap had responded: “I don’t think there was a concern. It’s more a fact that as a listed company you need to know how you are positioned and what is your strategy. So I think the idea of this risk management meeting was really to set up some kind of a discipline surrounding that.”

In his cross-examination on Aug 20, Mr Singh also made reference to this meeting. What was being discussed was the importance of keeping that positioning, so that the market will continue to treat Hyflux as a growth company, he said.

“As far as you were concerned, this was an exercise conducted in good faith, not just in Hyflux but in the interests of its shareholders. And it was an exercise to continue positioning of Hyflux as a growth company truthfully?” he asked.

Ms Heap agreed.

He also asked what she meant by setting up “some kind of a discipline”, to which she responded: “It’s really a process you want to put in place, take feedback from shareholders and stakeholders, and look at their concerns.”

Mr Singh asked if the exercise to put this process in place “was being conducted honestly and truthfully”. Ms Heap concurred.

She had earlier told the court that the risk management committee discussed the need to grow Hyflux’s order book and continue to win new contracts, as existing long-term contracts tend to provide recurring income but “might not give the delta incremental growth.”

This was a vital difference, Mr Singh pointed out, as the market would value differently a growth company that continues to win new orders and contracts, from a utilities company earning income from long-term contracts.

When asked about whether divestments were part of Hyflux’s business model, Ms Heap replied: “We call that capital recycling. The capital requirements for a water plant can be quite huge. The idea is to recycle assets and get the valuation out of it and reinvest into another water plant. The strength is the company has expertise to originate new water plants.”

Mr Singh asked: “And the feedback you received from major shareholders and analysts reports led you to present that ... as key shareholders have been increasing their holdings, it is important to continue to position the company as a growth company, and therefore important to continue to do so for the purpose of its valuations?”

Ms Heap replied: “Correct”.

When questioned on her presentation that “the company is compromising returns with low bid for Tuas desalination plant. This perception should correct itself with the continued financial performance of the company, Ms Heap explained that the perception refers to the “relationship between low returns and financial performance of the company.”

The company’s “profitability may be compromised but if it is able to deliver earnings progressively then the perception would be corrected,” she said.

The hearing continues.
 

From high tide to low ebb — the billion dollar mirage of Hyflux​

Once celebrated as Singapore’s homegrown water technology champion, Hyflux’s mounting losses, overleveraging, and failed rescue bids turned it into one of the country’s most high-profile corporate collapses.

By Zat Astha / 12 Aug 2025
A Hyflux building at Kallang Bahru, 3 Jun 2020. The buildings looks like it is empty and unoccupied. The gates are locked and there are no guards in sight.


The Straits Times
Fallout explores the stories behind brands that rose quickly, captured imaginations, and then lost their footing. Each instalment traces the journey from early promise to public scrutiny, examining how ambition, changing tastes, and unforeseen challenges can upend even the brightest ventures. Through thoughtful reporting and careful reflection, the series looks at what happens after the spotlight fades—and what these stories reveal about the worlds that created them. Today, we train our sights on Hyflux.


In May 2018, the queue outside Hyflux’s headquarters told a story more vividly than any court filing. Elderly investors clutched plastic folders stuffed with bond certificates. Some scrolled their phones for updates, others stood in quiet conversation, their expressions split between disbelief and anger.

The company that once symbolised Singapore’s entrepreneurial grit had just filed for court protection from creditors, freezing billions in debt repayments, and thousands of ordinary Singaporeans were about to discover what it meant to be “unsecured” in every sense of the word.


The filing marked the most dramatic collapse of a high-profile Singapore-listed company in recent memory, wiping out close to S$2.95 billion in debt and equity value. It would be easy to dismiss this as another mere financial implosion but in reality, it was a psychic break with the narrative Singapore had built around Hyflux and its founder, Olivia Lum.

For decades, the story had been one of improbable ascent: a young woman arriving from Malaysia with nothing, building a water technology empire from scratch, and becoming the country’s first self-made female billionaire. That story would now be reinterpreted through a darker lens — ambition shading into overreach, and confidence tipping into hubris.

Hyflux began in 1989 as Hydrochem, a two-person start-up founded by Lum, then 28 years old, with S$20,000 in savings.


The company’s earliest operations involved trading water treatment equipment to industrial clients, but Lum quickly saw the potential in manufacturing her own membrane filtration products.

Her big break came in 2000 when Hyflux won the contract to build Singapore’s first NEWater plant at Bedok. That win gave the company prestige and political capital — it was now a strategic player in Singapore’s water security strategy.

By the early 2000s, Hyflux was expanding aggressively into China, winning large municipal water projects, and later, contracts in Algeria, Oman, and Saudi Arabia. In 2001, it listed on the Singapore Exchange, raising capital to fund its expansion. Investors bought into the narrative of a “national champion,” a rare example of a Singaporean SME scaling successfully in global infrastructure.

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Lum became a fixture at business awards, was appointed to government advisory boards, and in 2011, won Ernst & Young’s World Entrepreneur of the Year — an accolade that burnished her international reputation.

At its peak, Hyflux reported annual revenues exceeding S$500 million, with a market capitalisation above S$1.5 billion. Debt levels were modest, and projects were typically backed by long-term contracts with predictable revenue streams. That fiscal conservatism would be tested in the next phase of growth.

In 2008, Hyflux made its first move into power generation with the SingSpring Desalination Plant, which included a co-located gas-fired power plant. The model was designed to offset desalination’s high energy costs with electricity sales to the national grid. Encouraged by the initial results, Hyflux doubled down.

Hyflux Tuaspring desalination plant at Tuas, taken on 5 Apr 2019.


Hyflux Tuaspring desalination plant at Tuas, taken on 5 Apr 2019.

The Straits Times
In 2011, it secured the tender for the Tuaspring Integrated Water and Power Plant — Singapore’s largest desalination project and Hyflux’s most ambitious undertaking. With capacity to produce 318,500 cubic metres of desalinated water a day and generate 411 megawatts of electricity, Tuaspring was positioned as a cash flow machine.

But the project’s S$1.05 billion price tag meant Hyflux needed new financing avenues.

Enter perpetual securities: high-yield instruments marketed heavily to retail investors. Between 2011 and 2016, Hyflux raised around S$900 million through perpetuals and preference shares, offering coupon rates of up to 6%.

These were pitched in roadshows and glossy brochures as low-risk, backed by tangible infrastructure assets and stable water contracts. Many investors — especially retirees — treated them as fixed-income products, not equity-like instruments vulnerable to loss.

Lum assured the market that Tuaspring’s integrated model would insulate Hyflux from volatility. The assumption: Singapore’s power market would remain stable, and Hyflux’s engineering prowess would keep costs in check.

The cracks began to show almost as soon as Tuaspring came online in 2013.

The power market, liberalised in the early 2000s, had become increasingly competitive. By 2015, a glut of new generation capacity, coupled with slower demand growth, drove wholesale electricity prices down by more than 50%.

Tuaspring’s power segment, designed to subsidise water production, was now loss-making.

Hyflux’s financials reflected the strain. From 2016 onwards, group profits turned to losses — S$115 million in 2017 alone. Tuaspring recorded an operating loss of S$81.9 million before interest and tax in 2017. Group debt ballooned past S$2.9 billion. To meet coupon payments on perpetuals, Hyflux began drawing on debt and asset sales, a strategy that could not be sustained indefinitely.

Yet, in public communications, Lum maintained optimism, describing the downturn as a temporary “market cycle” and reiterating confidence in the integrated model. Annual reports downplayed structural shifts in the power sector, focusing instead on potential overseas opportunities.

On 22 May 2018, Hyflux applied for court-supervised reorganisation under Section 211B of the Companies Act, freezing all repayments.

The moratorium covered bank loans, trade creditors, and the S$900 million in perpetual and preference shares held by roughly 34,000 retail investors.

The announcement triggered panic. For many, the perpetual securities represented life savings. Investors packed shareholder meetings, demanding answers. Some accused Hyflux of misleading them about the risk profile of the instruments.

The MAS later clarified that perpetuals were not capital-protected, but the clarification came far too late for those already locked in.

Initially, there was hope. In October 2018, SM Investments, a consortium linked to Indonesia’s Salim and Medco groups, offered a S$400 million rescue package, which would inject cash, take a controlling stake, and restructure the debt.

凯发集团(Hyflux)与印度尼西亚财团签署合作协议,后者注资5亿3000万元,持凯发60%股权。 印度尼西亚三林集团(Salim Group)和Medco集团成立的财团SM Investments Pte Ltd,和凯发集团在今天下午5时举行的记者会上签署约束性协议。 财团在东南亚和全球其他地区经营多元化业务,拥有和经营水处理和能源业务。Anthony Salim (right), chairman of the Salim Group, and Olivia Lum, chief executive of Hyflux, at a signing ceremony on 18 October 2018. A consortium comprising conglomerate Salim Group and energy giant Medco Group, has agreed to give Hyflux a S$400 million equity injection, in exchange for a 60 per cent stake in the water treatment firm once it has settled all its debts.


Anthony Salim (right), chairman of the Salim Group, and Olivia Lum, chief executive of Hyflux, at a signing ceremony on 18 October 2018.

Lianhe Zaobao
But tensions flared. Creditors pushed for better terms, while minority investors objected to steep write-downs. The deal collapsed in April 2019, citing failure to meet conditions precedent.

Other rescue talks followed. Utico, a UAE utility firm, proposed a deal that included partial recovery for retail investors, but negotiations stalled amid disputes over governance.

Aqua Munda, a debt investment firm, made a bid to purchase Hyflux’s debt at a discount, but the offer failed to progress. By mid-2020, Hyflux was effectively out of lifelines.

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PUB, the national water agency, eventually took over Tuaspring for zero dollars, citing its strategic importance. The Tuaspring power station was ultimately sold to YTL PowerSeraya in June 2022 for S$270 million in cash. Proceeds went largely to secured creditors, leaving little to nothing for retail investors.

Earlier versions of the deal had referenced a higher blended consideration, but this was revised before completion.

Olivia Lum’s reputation, once woven into the national narrative of grit and ingenuity, began to unravel in full view of the public. The turning point was not a single explosive revelation but a steady erosion of credibility.

At creditor meetings, her once-assured tone was replaced by defensive explanations, insisting the downturn could not have been foreseen and that Hyflux had “always acted in good faith.”

Court affidavits painted a more sobering picture: hundreds of millions channelled into overseas desalination and power projects that either underperformed or stalled entirely. In Algeria, a flagship desalination plant faced payment disputes; in Oman, delays and financing gaps eroded profitability.

Analysts, reading through the filings, noted the pattern — an engineering powerhouse in water treatment venturing into capital-intensive, low-margin energy markets without the deep sector experience or hedging strategy to match.

By late 2019, the investor-friendly image Lum had cultivated for decades had flipped. Retail holders, many of whom had attended her roadshows, accused her of minimising the risk profile of perpetuals. Former supporters described feeling “blindsided,” not just by the collapse but by the gap between the brand they were sold and the realities now surfacing.

In March 2020, Lum resigned as CEO, staying on as an adviser during the wind-down. Later that year, the Commercial Affairs Department, Monetary Authority of Singapore, and Accounting and Corporate Regulatory Authority launched joint investigations into possible disclosure and accounting breaches.

Even without charges at the time, the optics were damning — Singapore’s most celebrated entrepreneur now under formal scrutiny by three regulatory bodies.

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For those holding Hyflux perpetuals and preference shares, the collapse was an intimate financial shock. Many were retirees who had diverted CPF savings into what they believed was a safe, income-producing instrument. Others were middle-income professionals rolling over fixed deposits in search of better yields.

Outside Hyflux’s Kallang Bahru office, groups of retail investors gathered week after week. At heated town-hall-style meetings, voices were raised over the microphone, demanding not just repayment but accountability. The tone was part desperation, part disbelief — a sense that they had participated not in a speculative gamble, but in a trusted, almost patriotic investment.

People attend a protest at the Speakers’ Corner at Hong Lim Park on March 30, 2019. Hyflux investors staged a protest to vent their anger over the state of affairs at the troubled water treatment company.


People attend a protest at the Speakers’ Corner at Hong Lim Park on March 30, 2019. Hyflux investors staged a protest to vent their anger over the state of affairs at the troubled water treatment company.

The Straits Times
Hyflux protest organizer Alex speaks at the Speakers’ Corner at Hong Lim Park on March 30, 2019. Hyflux investors staged a protest to vent their anger over the state of affairs at the troubled water treatment company.


Hyflux protest organizer Alex speaks at the Speakers’ Corner at Hong Lim Park on March 30, 2019. Hyflux investors staged a protest to vent their anger over the state of affairs at the troubled water treatment company.

The Straits Times
Several formed action groups, pooling resources to hire legal counsel and lobby ministries. Letters were sent to Members of Parliament and government agencies, asking if more could have been done to protect retail investors from the complexities and risks of perpetual securities.

The government maintained its position that Hyflux’s instruments were commercial investments carrying inherent risks. For investors staring at near-total losses, this was cold comfort.

The emotional fallout went beyond financial spreadsheets. Some spoke of postponed retirements, homes put up for sale, and family relationships strained under the weight of lost savings. In the press, the human stories began to overshadow the corporate headlines.

By 2024, Hyflux had ceased all meaningful operations, its assets either sold off or transferred. PUB assumed ownership of the Tuaspring desalination plant for zero dollars, ensuring water supply stability.

The Tuaspring power station changed hands in June 2022, sold to YTL PowerSeraya for S$270 million in cash — proceeds directed largely to secured creditors, leaving unsecured investors with virtually nothing.

The liquidation left a regulatory aftertaste. Industry observers debated whether the marketing of perpetuals and preference shares to retail investors should be restricted or accompanied by more explicit warnings.

While MAS had long classified these as higher-risk products, Hyflux’s collapse demonstrated that classification alone did little to ensure understanding.

For the corporate sector, Hyflux became a case study in the risks of overleveraging and venturing outside core expertise without robust contingency planning. Within Singapore’s tight-knit investment community, the name now carried cautionary weight — invoked in boardrooms and business schools as shorthand for the perils of tying a brand too closely to a single founder’s vision and judgment.

Hyflux’s rise had mirrored the nation’s own ambitions — nimble, resourceful, outward-looking. Its fall was a reminder that even the most celebrated companies can be undone by a convergence of market shifts, strategic miscalculations, and overconfidence.

It is tempting to frame the story as one of betrayal — of investors by a founder, of public trust by corporate mismanagement. But it is also a story of how success can harden into certainty.

For nearly three decades, Olivia Lum’s instincts had built Hyflux into a global player. That same certainty blinded the company to the structural fragility of its integrated model and the volatility of the power market.

The opening scene — elderly investors queued under a sweltering sky — lingers because it distils the human dimension of corporate collapse. Behind every balance sheet is a web of lives, and once that trust is gone, no restructuring plan can restore it.

In Singapore’s business memory, Hyflux will remain both an emblem of ambition realised and a cautionary tale of what happens when that ambition outruns its guardrails.
 
Notice none of the presstitudes want to touch on what has happened to the assets of the company and the need to return what is left to estranged shareholders
 

Playing down Tuaspring’s energy business the core of Hyflux’s investor relations strategy: Defence​

The prosecution’s second witness, Ms Winnifred Heap, the company’s former head of corporate communications and investor relations, was cross-examined on Aug 21.


The prosecution’s second witness, Ms Winnifred Heap, the company’s former head of corporate communications and investor relations, was cross-examined on Aug 21.

Aug 21, 2025

SINGAPORE – Playing down details of the energy component of the failed Tuaspring project while highlighting Hyflux’s strength in water treatment was the core of the company’s investor relations strategy, a court was told on Aug 21.

Senior Counsel Davinder Singh, defence counsel for Hyflux founder Olivia Lum, sought to downplay allegations that she and former chief financial officer Cho Wee Peng had given input to “play down” these details in the announcement to the market and investors.

Hyflux eventually issued preference shares to fund the integrated water and power project. The company’s collapse, due to weak electricity sales, left about 34,000 investors of perpetual securities and preference shares, who had sunk in a combined $900 million, with nothing.


Lum is charged with having consented to Hyflux’s intentional non-disclosure on March 7, 2011, by withholding information on the project. Cho was charged with conniving in Hyflux’s omission to disclose the information about Tuaspring, while four independent directors – Teo Kiang Kok, Gay Chee Cheong, Christopher Murugasu and Lee Joo Hai – are also accused of neglect in relation to this.

The prosecution’s second witness, Ms Winnifred Heap, the company’s former head of corporate communications and investor relations, was cross-examined on a series of e-mail messages with attachments of various drafts of a March 7, 2011, news release announcing Hyflux being named preferred bidder for the Tuaspring project.

Referring to a Jan 19, 2011, e-mail she had sent to Lum, Cho and former Hyflux legal counsel Yang Ai Chian, in which Ms Heap said “the key is to play down energy, while highlighting our expanded bench strength and core capabilities”, Mr Singh asked: “This sentence encapsulates the core if not the substance of the IR (investor relations) strategy, which is to emphasise the growth aspects, not the utilities aspects, and also to emphasise the core capabilities?”

Ms Heap replied: “Fair.”

He continued: “This was openly said to everyone in the e-mail because it was openly known to everyone that this was the IR strategy, correct?”

Ms Heap said: “IR strategy aside, sometimes before an announcement, more details have to be given... You don’t want to send out the wrong signal or message. We may not have sufficient information on the energy segment.”


By that, Mr Singh clarified, she meant that this wasn’t information she would have sought because there were a lot of unknown variables about Tuaspring, which was not operational at the time, and there was uncertainty over what would happen after the plant was built.

When asked if she remembered her discussions on the draft announcements with Lum, Cho and the investment team, Ms Heap said: “We would have discussed the content of the announcement.”

But she couldn’t remember what was said between her and Mr Nah Tien Liang, then head of the investment team, Lum and Cho.

“And the reason you cannot remember is because it happened 15 years ago?” Mr Singh asked.

Ms Heap replied: “I cannot remember because I am 63 years old.”

Mr Singh then cross-examined her on the various drafts of the announcement of Hyflux’s win of the Tuaspring project.

“In preparing the drafts of the announcement, you and your team would have regard of a number of matters.

“Firstly, what are the facts? When you don’t have the facts, you would ask for them from relevant people? Secondly, the positioning of the company in the announcements. Thirdly, to ensure the positioning is consistent with the strategy which the company adopted for investor relations, and fourthly, compliance with the listing rules?”

Ms Heap agreed.

Referring to a Dec 20, 2010, draft of the announcement, Mr Singh asked: “Had this draft been approved by senior management and the board, a press release in this draft would have been issued. You were satisfied that the draft, when issued in this form, would satisfy the four matters I listed earlier?”

Ms Heap agreed.

This draft included the paragraphs: “Integrated within the design of Tuas II desalination plant is a 411MW combined cycle gas turbine (CCGT) power plant, which will supply electricity directly to the desalination plant. The remaining capacity will be sold through Singapore’s wholesale electricity market, the National Electricity Market of Singapore, to electricity retailers and subsequently to contestable consumers.”

Mr Singh asked: “There is nothing in the draft to mention revenue from the sale of electricity from Tuaspring Project’s power plant was projected to make up the significant majority of the Tuaspring Project’s revenue, or the profitability of the Tuaspring Project was contingent on revenue from the sale of electricity from the power plant?”

And “there’s nothing here in this draft that Tuaspring was Hyflux’s expansion into new business of selling electricity?”

Ms Heap replied: “No.”

The hearing continues.
 

Hyflux’s ex senior VP of energy edited out some details of Tuaspring energy component in news release​


Ms Winnifred Heap was Hyflux’s head of corporate communications and investor relations at the time.

Ms Winnifred Heap was Hyflux’s head of corporate communications and investor relations at the time.

Aug 20, 2025

SINGAPORE – The information omitted from early drafts of a news release about Hyflux’s Tuaspring project could have been inconsistent with the company’s investor relations strategy, a court heard on Aug 20.

This information was related to the energy component of the project. At the time, Hyflux’s strategy was to focus on being a growth company to get better market valuations, rather than a utilities company.

In his cross-examination of Ms Winnifred Heap, the prosecution’s second witness, Senior Counsel Davinder Singh drew the court’s attention to certain e-mails sent when Hyflux was drafting the March 7, 2011 news release.


They showed that Ms Camille Hurn, Hyflux’s former senior vice-president of energy and infrastructure development, had raised concerns that “could be related to utilities and its IR (investor relations) strategy”.

Mr Singh, the lead counsel for Hyflux founder Olivia Lum, noted that this concern was raised even before the draft went to Lum and former chief financial officer Cho Wee Peng.

Lum, Cho and the four independent directors – Teo Kiang Kok, Gay Chee Cheong, Christopher Murugasu and Lee Joo Hai – are each charged with Hyflux’s failure to disclose material information on the Tuaspring project.

Lum is accused of having consented to Hyflux’s intentional non-disclosure on March 7, 2011, by withholding information on the project.

Cho was charged with conniving in Hyflux’s omission to disclose the information about Tuaspring, while the four board members are also accused of neglect in relation to this.

On Aug 20, Mr Singh took Ms Heap, the company’s head of corporate communications and investor relations at the time, through a series of her presentations to Hyflux’s risk management committee.


In these presentations, managing shareholder confidence was a growing focus, and the key was for Hyflux to position itself as a growth company.

Building a strong pipeline of projects, including Tuaspring, was one strategy to achieve this, Mr Singh added.

Prior to Hyflux being named preferred bidder for the Tuaspring project in March 2011, concerns over the water treatment company being rerated from a growth company to a utility company emerged in one such meeting with its risk management committee in January 2011.

In one section, Ms Heap had presented on the difference between a growth company and a utilities company.

According to minutes from that meeting, she had said: “Once a growth company proves that it can deliver results, the market rewards them ahead of time, such an example being Apple Inc.

“On the other hand, the PE (price to earnings) ratio of a utilities company is comparatively lower and the market only rewards the company when delivery is proven.”

When asked by the prosecution on Aug 19 why concerns emerged over the possibility of Hyflux being rerated, Ms Heap responded: “I don’t think there was a concern.

“It’s more a fact that as a listed company, you need to know how you are positioned and what is your strategy.

“So I think the idea of this risk management meeting was really to set up some kind of a discipline surrounding that.”

In his cross-examination on Aug 20, Mr Singh also made reference to this meeting.

What was being discussed was the importance of keeping that positioning, so that the market will continue to treat Hyflux as a growth company, he said.

“As far as you were concerned, this was an exercise conducted in good faith, not just in Hyflux but in the interests of its shareholders. And it was an exercise to continue positioning of Hyflux as a growth company truthfully?” he asked.

Ms Heap agreed.

He also asked what she meant by setting up “some kind of a discipline”, to which she responded: “It’s really a process you want to put in place, take feedback from shareholders and stakeholders, and look at their concerns.”

Mr Singh asked if the exercise to put this process in place “was being conducted honestly and truthfully”. Ms Heap concurred.

She had earlier told the court that the risk management committee discussed the need to grow Hyflux’s order book and continue to win new contracts, as existing long-term contracts tend to provide recurring income but “might not give the delta incremental growth”.

This was a vital difference, Mr Singh pointed out, as the market would value differently a growth company that continues to win new orders and contracts, from a utilities company earning income from long-term contracts.


When asked about whether divestments were part of Hyflux’s business model, Ms Heap replied: “We call that capital recycling. The capital requirements for a water plant can be quite huge.

“The idea is to recycle assets and get the valuation out of it and reinvest into another water plant. The strength is the company has expertise to originate new water plants.”

Mr Singh asked: “And the feedback you received from major shareholders and analysts’ reports led you to present that... as key shareholders have been increasing their holdings, it is important to continue to position the company as a growth company, and therefore important to continue to do so for the purpose of its valuations?”

Ms Heap replied: “Correct”.

Mr Singh pointed to a slide in a Jan 21, 2011 presentation by Cho and Ms Heap, during a risk management meeting on managing shareholder confidence.

The slide said that “Hyflux trades at 24 times earnings because the company is perceived as more than just a water (utilities) owner.”

Mr Singh pointed to another news release on Jan 11, 2011 announcing that Hyflux will invest US$45 million in three build-own-transfer water projects in Chong Qing city, underscoring confidence in the potential of the Chinese municipal water business.

“This was in line with the messaging of Hyflux as a world-leading fully integrated water solutions company? And it focused on matters related to the growth model, by reference to order wins?” he asked.

Ms Heap agreed.


She was also cross-examined on a Dec 20, 2010 e-mail chain, relating to the draft announcement of Hyflux being named preferred bidder of Tuaspring.

The draft had been sent to Mr Nah Tien Liang, who was head of the investment team, Ms Hurn and Ms Seah Mei Kiang, for fact-checking before it was presented to Lum and Cho.

In one e-mail, Ms Hurn had said she agreed with Mr Nah that Tuaspring’s desalination plant and power plant would be owned by the same company.

She added: “Am not sure if we need to go into detail about our energy retailing arm, so have completely deleted that sentence.”

The detail refers to a part in the draft that states: “The remaining capacity will be sold through Singapore’s wholesale electricity market, the National Electricity Market of Singapore to electricity retailers and subsequently to contestable customers.”

Mr Singh asked Ms Heap: “Would I be right to say you cannot remember if you spoke to Camille or e-mailed or contacted her to discuss this comment of hers?”

Ms Heap replied: “I am trying to recall. I could have walked over to discuss with her. But don’t remember doing so.”

Mr Singh also asked: “The intent behind your version of the draft was not to say this is a utilities company, but is integrated?”

Ms Heap said: “Correct.”


Mr Singh pointed out that he had spent much of his cross-examination on Ms Heap’s presentations that focused on Hyflux as a growth company, not a utilities company.

“You yourself said there’s a difference between growth and utility,” he told Ms Heap.

“The last thing you want to do is give (the) message to (the) public Hyflux is getting into the utilities business with earnings over a long period of time?”

She replied: “This thought process didn’t occur.”

Mr Singh pointed out: “If anyone involved in the process thought the messaging was inconsistent with your IR strategy, it would be reasonable to raise it?

“...Camille raised a concern and you can’t even remember asking her for the reason for her concern?”

Ms Heap said she could not remember.

“And so, here was a senior management person raising a concern which could be related to utilities and IR strategy, you did nothing to understand it?” he asked.

Ms Heap replied: “I cannot remember.”

The hearing continues.
 

Presentations to board, analysts on Hyflux’s Tuaspring disclosed planned electricity sales: Defence​

The prosecution’s second witness, Ms Winnifred Heap, the company’s former head of corporate communications and investor relations, was cross-examined on Aug 21.

The prosecution’s second witness, Ms Winnifred Heap, the company’s former head of corporate communications and investor relations, was cross-examined on Aug 21.

Summary
  • Hyflux's defence argues pre-release materials show intentions to sell excess electricity from the Tuaspring project
  • A Q&A document prepared before the announcement anticipated questions about power market oversupply and clarified the intention to sell excess electricity.
  • The defence highlighted internal communications indicating awareness that desalination tariffs would be subsidised by electricity sale revenues.
AI generated

Aug 21, 2025

SINGAPORE – The defence for Hyflux founder Olivia Lum argued that presentation materials made to the board and the market before a March 7, 2011, news release of the company winning the Tuaspring project showed it did not fail to disclose information about its plans to go into the business of selling electricity.

“The team was prepared to share information that excess electricity would be sold in the wholesale market and offer retail contracts to consumers,” Senior Counsel Davinder Singh, lead counsel for Hyflux founder Olivia Lum, said on the sixth day of the criminal trial.

He pointed to a presentation stating this intention in his cross-examination of Ms Winnifred Heap on Aug 21.


She is the company’s former head of corporate communications and investor relations and the prosecution’s second witness.

Hyflux eventually issued preference shares to fund the integrated water and power project. The company’s collapse, due to weak electricity sales, left about 34,000 investors of perpetual securities and preference shares, who had sunk in a combined $900 million, with nothing.

Lum is charged with having consented to Hyflux’s intentional non-disclosure on March 7, 2011, by withholding information on the project.

Former chief financial officer Cho Wee Peng is charged with conniving in Hyflux’s omission to disclose the information about Tuaspring, while four independent directors – Teo Kiang Kok, Gay Chee Cheong, Christopher Murugasu and Lee Joo Hai – are also accused of neglect in relation to this.

Ahead of the March 7, 2011, announcement of Hyflux’s win, the company had prepared a list of questions it anticipated would be raised by investors and analysts at a briefing as well as the answers. The Q&A was also disseminated to the management team for review.

Among the questions anticipated was one on the oversupply situation in the power market at the time and a possible negative impact on electricity prices. Hyflux, in response, had said it anticipated some oversupply in the first two to three years, but demand was growing strongly.

The Q&A also included a question on whether Hyflux intended to sell the excess electricity as the maximum energy demand from the desalination plant was 60MW, but the company was building a 411MW plant.

Hyflux had answered “yes”.

“Looking at the answers in this Q&A, it appears whoever is responsible for providing facts for the answers was not holding back anything. They were freely sharing the facts,” Mr Singh said.

Ms Heap agreed.

But she said she could not remember if this was the final version of the Q&A, nor could she recall what questions were asked by the analysts during their briefing in March 2011.

Mr Singh asked: “Regarding why Hyflux is entering the power market, was the intention to tell analysts that the majority of output from the power plant would generate the revenue?”


Ms Heap replied: “It is not so clear in this Q&A.”

Pointing to a presentation slide titled “Delivering a cost-effective water solution – Energy a major operating cost component for a desalination plant”, Mr Singh asked: “So that’s understood to mean that the lower the tariff, the lower the yield. So you would need subsidy from revenue from the sale of electricity?”

Ms Heap agreed.

Mr Singh argued earlier on Aug 21 that playing down details of the energy component of Tuaspring, while highlighting Hyflux’s strength in water treatment, was the core of its investor relations (IR) strategy.

He was disputing allegations that Lum and Cho had given input to “play down” these details in the drafting of the March 7, 2011, announcement.

Mr Singh referred to a Jan 19, 2011, e-mail that Ms Heap had sent to Lum, Cho and former Hyflux legal counsel Yang Ai Chian, in which she said “the key is to play down energy, while highlighting our expanded bench strength and core capabilities”.

He asked: “This sentence encapsulates the core, if not the substance, of the IR strategy, which is to emphasise the growth aspects, not the utilities aspects, and also to emphasise the core capabilities?”

Ms Heap replied: “Fair.”

He then asked: “This was openly said to everyone in the e-mail because it was openly known to everyone that this was the IR strategy, correct?”

The defence also cited a slide presentation titled “The 5 Tens”, in which Lum, Cho and Ms Heap briefed the board on Hyflux’s 10-year targets from 2011 to 2020.

Hyflux’s targets included growing a $10 billion order book, and becoming a $10 billion market capitalisation company.

“That’s consistent with the strategy to focus on order wins for the order book... and billions in assets and management?” Mr Singh asked.

Ms Heap replied: “I think this was the fund management’s approach.”

Asked if she remembered her discussions on the draft announcements with Lum, Cho and the investment team, Ms Heap said: “We would have discussed the content of the announcement.”

But she could not remember what was said between her and Mr Nah Tien Liang, then head of the investment team, Lum and Cho.

“And the reason you cannot remember is because it happened 15 years ago?” Mr Singh asked.

Ms Heap replied: “I cannot remember because I am 63 years old.”

Mr Singh pointed out that it was openly made known in Cho’s briefing to the Tuas board on Feb 22, 2011, that “management understood that the desalination tariffs were going to be competitive and are to be subsidised from revenue from the sale of electricity”.

“The yield for Tuaspring will come largely from the sale of electricity, and profits will come from the sale of electricity. None of that was hidden from management?” he asked.

Ms Heap agreed.

Mr Singh continued: “And no one... suggested that the March 7, 2011, announcement had to include further information to comply by way of disclosure or with listing rules?”

Ms Heap replied: “Correct.”

The hearing resumes on Sept 1.
 
How come Davinder never get SG medals before... PBM etc despite highly successful defending pappies

They don't like him?
 
Ong Beng Seng just fined $30,000.

He had been playing dirty, bribing civil servants, extended founding family since his Four Season Hotel days.

Hyflux's trial will be like the F1 corruption playbook- elaborated trials featuring top legals, then fine a bit, jail a while, close file and pretends that we are a clean society. Our regulators, banks, KPMG and public company directors cheated us but nothing serious will happen to them after going through the motion.

It is not about repaying the victims.
What a corrupted country. Fuck you PAP.
No corruption here sir. Just important people, rubbing shoulders. I rub u rub me we corub to gather good vibes. :biggrin:
 
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