SINGAPORE, July 29 — It does not matter if a person who is being served a lawsuit is overseas, as there are several ways someone can be sued even if he does not intend to return to Singapore.
Legal experts whom TODAY spoke to made this point after Home Affairs and Law Minister K. Shanmugam and Foreign Affairs Minister Vivian Balakrishnan declared their intentions to sue Lee Hsien Yang should he not withdraw his allegations over their rentals of state properties on Ridout Road and pay damages.
As of 6pm yesterday, Lee had not publicly responded or replied to the ministers' posts.
Earlier this year, Lee had hinted at never returning to Singapore, after it was revealed that the police have opened investigations into him and his wife, Lee Suet Fern, and that the couple had not returned to Singapore to be interviewed.
When Lee's father, prominent economist Lim Chong Yah died earlier this month, Lee posted on Facebook that he wished that he, his wife and his son, economist Li Shengwu, could be in Singapore to pay their respects.
Lee is the younger brother of Prime Minister Lee Hsien Loong.
With the younger Lee showing no intention of returning to Singapore, it has given rise to questions about whether it is possible for him to be issued a lawsuit overseas should he not accede to the ministers' demands, and if so, then how would proceedings go.
Legal experts, who said that the potential lawsuit the ministers are referring to is likely a civil defamation suit, explained how proceedings might go should the ministers decide to sue.
Can someone be issued a lawsuit overseas?
Lawyers said that someone can be sued, even if he is overseas.
According to lawyers Luo Ling Ling and Sharifah Nabilah from Luo Ling Ling LLC, a person who is overseas may be sued in Singapore, as long as the Singapore court is the “appropriate forum” to hear the matter.
“If a defamation lawsuit is filed against Lee Hsien Yang, the Singapore court would be an appropriate forum to hear the matter because the allegations relate to matters in Singapore and the ministers’ reputation in Singapore,” said Nabilah.
She added that where a defendant is located or believed to be in Singapore, attempts may be made to personally serve the court papers on the defendant at his last known address here.
But if such attempts fail, or if it is impractical to serve the court papers personally to the defendant, then the claimant may apply to court for an order for “substituted service”.
This service allows the claimant to serve the court papers on the defendant through other methods, including the use of electronic means.
“This could include sending the court papers via email, WhatsApp, or Facebook Messenger, et cetera,” she said.
Alternatively, if the defendant is located overseas, then the claimant can also apply for the court's approval to serve the court papers to the defendant outside of Singapore.
Will Lee have to return to Singapore if he is sued?
Lawyers said that should the lawsuit be filed, then it is most likely that Lee would have to return to Singapore.
Lawyer Mark Yeo of Kalco Law LLC said that while it is technically possible for Lee to stay overseas and instruct his lawyers remotely, it could be a different story once the case goes to trial.
“If it (the case) goes to a trial and he needs to give evidence, the norm is to give evidence in person in court,” said Yeo.
“There are rules that permit giving evidence overseas under specific circumstances, but it needs the court’s approval.”
Ms Nandhu, a partner in the RHTLaw Asia LLP's litigation and dispute resolution practice, said that once the originating claim and the statement of claims have been served on Lee, he will have 21 days thereafter to file and serve a notice in court indicating whether or not he intends to contest the claims.
If he serves a notice to contest the claim, he will have to file his defence within five weeks after he was served with the statement of claim.
If Lee contests the claims by the ministers, he will eventually have to return to Singapore to testify, said Nandhu, who goes by one name.
“In deciding whether to grant permission for that defendant or witness to testify via live video link, the court will consider the circumstances of the case, including the reasons why he is unable to give evidence in person in Singapore, and the administrative and technical facilities and arrangements made at the location where he is seeking to testify from,” she said.
However, cases that are approved are not common, said Yeo.
What happens if he does not return to Singapore?
Should Lee fail to get permission to give evidence via a live video link and does not return to present the evidence, then the likelihood that he loses the case increases, said lawyers.
“He will need to come back,” said Yeo. “Otherwise, he just won’t give evidence and run the risk of losing the case.”
Should the court papers be ignored altogether, then the case can be lost as well.
If after the 21-day period to indicate if a defendant wants to contest the claims or not passes, then a “default judgement” can be given against Lee, said Ms Nandhu.
“Instead of getting a judgement after a trial where a judge hears all parties and makes a decision on merits, a default judgement is given because of the failure to adhere to timelines but not on the merits of the case,” she said.
What if he is sued and loses, and ministers seek damages?
The lawyers said that if Lee is sued and he loses, he would have to pay the damages determined by the court, just like how any other civil lawsuit would proceed.
However, if Lee remains overseas and does not comply with the court order to pay for damages, he could be put under an enforcement order called an attachment of debt, said Yeo.
This could result in the seizure and sale of his local assets, and even bankruptcy.
If Lee has no local assets, then there are means to seek damages through his foreign assets, said Ms Nandhu.
“If he has no assets in Singapore for them to enforce, then the next step would be to register the Singapore judgement in the foreign jurisdiction where he has assets and go after those,” she said.
“To enforce overseas, there should be monetary value to the judgement. That's why they will ask the court to assess the damages and then enforce it overseas... It's not an easy process but it can definitely be done.”
And if even that is unsuccessful and payment for the damages is not made, then more serious charges could follow.
“If he doesn't not comply with the court's order then it is a contempt of court, which is a criminal offence,” said Nandhu.
This could lead to committal proceedings, a process to penalise a party for non-compliance to a court order or judgement, such as to maintain the dignity and authority of the court.
“There will be a quasi-criminal trial and then the judge will make the decision whether to impose an imprisonment sentence or a fine, or both,” said Nandhu. ― TODAY
