AG v Ting Choon Meng
Jurisdiction | Singapore |
Judge | Sundaresh Menon CJ,Chao Hick Tin JA,Andrew Phang Boon Leong JA |
Judgment Date | 16 January 2017 |
Neutral Citation | [2017] SGCA 6 |
Published date | 19 January 2017 |
Date | 16 January 2017 |
Year | 2017 |
Hearing Date | 04 October 2016 |
Plaintiff Counsel | Hui Choon Kuen, Lam Qian Yi, Debra and Tan Zhongshan (Attorney-General's Chambers) |
Defendant Counsel | Choo Zheng Xi and Lee Hong Jet Jason (Peter Low LLC),Eugene Thuraisingam, Suang Wijaya and Gavin Tan (Eugene Thuraisingam LLP) |
Court | Court of Appeal (Singapore) |
Citation | [2017] SGCA 6 |
Docket Number | Civil Appeals Nos 26 and 27 of 2016 |
The present appeals concern a narrow question of law – how s 15 of the Protection from Harassment Act (Cap 256A, 2015 Rev Ed) (“the Act”) is to be construed. Specifically, they concern the issues of whether the Government may invoke s 15 of the Act (“s 15”) to obtain an order for a person to be prevented from or to cease publication of a false statement of fact and, if so, when it would be “just and equitable” to do so. In
The respondent in Civil Appeal No 26 of 2016 (“Dr Ting”), is a director of MobileStats Technologies Pte Ltd (“MobileStats”). MobileStats was the owner of Singapore Patent No 113446 (“the Patent”), which was registered sometime in 2005. The respondents in Civil Appeal No 27 of 2016 (“CA 27/2016”) are affiliated with “The Online Citizen”, a website that states that it aims to be the “leading online source for social-political news and views in Singapore”.
On 29 July 2011, lawyers for MobileStats wrote to the Ministry of Defence (“MINDEF”), alleging that military medical vehicles known as “Battalion Casualty Stations” that MINDEF had purchased from Syntech Engineers Pte Ltd (“Syntech”) infringed the Patent. Notwithstanding MINDEF’s invitation that MobileStats direct its complaints towards Syntech, MobileStats proceeded with Suit No 619 of 2011 (“S 619/2011”) against MINDEF for patent infringement. MINDEF’s defence was conducted by Syntech, who instituted a counterclaim for the revocation of the Patent on the ground of invalidity. As it turned out, S 619/2011 was discontinued mid-way through the trial due to the financial position of MobileStats, and judgment was entered on the counterclaim on 15 January 2014.
On 30 December 2014, Dr Ting gave an interview to the first respondent in CA 27/2016. The video of the interview and an accompanying article were uploaded on The Online Citizen on 15 January 2015. In the video, Dr Ting made a number of allegations against MINDEF, including the following: (a) that it had intended from the start to infringe the Patent and had been waiting in a “premeditated” way to revoke the Patent; and (b) that it had been conducting a “war of attrition” in S 619/2011 to deplete MobileStats’ financial resources (collectively, “the Allegations”). MINDEF responded by way of a statement posted on its Facebook page refuting the Allegations, which it said were “false and baseless”. This last-mentioned statement was reproduced in full in a subsequent article published on The Online Citizen, and a link to the same was provided on the webpage hosting the original article and the video.
On 11 February 2015, the appellant, representing MINDEF, applied in the State Courts for an order under s 15(2) of the Act (“s 15 order”) by way of an originating summons. The prayers, as amended, sought a declaration that the Allegations were false and that they not be published without the following notification:
Statements herein which state and/or suggest to the reader that:
The decisions in the courts belowhave since been declared by the Singapore Courts to be false. For the truth of the matter, please refer to MINDEF’s statement [as posted on its Facebook page].
The District Judge granted the orders in terms, holding that ss 3 and 36 of the Government Proceedings Act (Cap 121, 1985 Rev Ed) (“the GPA”) provided the Government the “legal right to make an application” under s 15: see
The Judge allowed the appeals against the District Judge’s decision, finding that the question of whether the Government has the right to invoke s 15 is anterior to the application of ss 3 and 36 of the GPA, which merely ensure any such right is not prejudiced (see the Judgment at [25]). He accepted that s 15 stands apart from the rest of the Act in so far as it encompasses statements not constituting harassment, but that it is nonetheless confined to false statements that are “capable of affecting their intended subject[s] emotionally or psychologically” (see the Judgment at [41]). Accordingly, only natural persons may apply for a s 15 order.
Having allowed the appeals on this threshold question, the Judge nevertheless proceeded to express the view that it would not, in any event, have been just and equitable to grant a s 15 order. He held that only the second of the Allegations was false, and that although that particular statement did have the potential to bring MINDEF into disrepute, MINDEF’s interests were not substantially compromised due to the triviality of the complaint and the ability of MINDEF to put forward its side of the story through the media. He also took into account the fact that The Online Citizen had taken significant steps to present MINDEF’s side of the story that suggested that the veracity of the Allegations was in doubt (see the Judgment at [56] and [57]).
The respective parties’ arguments in the appeals The appellant submits that ss 3 and 36 of the GPA give rise to a
The respondents do not contest the submission that the accusation that MINDEF had waged a “war of attrition” is a false statement of fact. They largely rely on the reasons given by the Judge and the speeches given during the parliamentary debates. Additionally, Dr Ting submits that to read “person” in s 15 in a manner to include the Government would infringe upon his right to free speech under Art 14 of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) (“the Constitution”). In a slightly different vein, the respondents in CA 27/2016 submit that because to construe “person” in s 15 in the aforementioned manner would impose a significant burden on an individual’s right to free speech, the appellant must adduce “cogent and unusually convincing evidence to rebut the presumption that Parliament did not … intend to impose [such] a significant burden”.
Our decision Issue 1 – whether the Government is a “person” under s 15 The issue stated This particular issue is of the first – as well as threshold – importance in so far as the present appeal is concerned. At risk of belying the many difficulties of statutory interpretation that were evident from both the written submissions as well as oral arguments before this court, the issue that arises from s 15 can be stated simply as follows: does this provision apply
Right of Government to sue
3. Subject to the provisions of this Act and of any written law, where the Government has a claim against any person which would, if such claim had arisen between private persons, afford ground for civil proceedings, the claim may be enforced by proceedings taken by or on behalf of the Government for that purpose in accordance with the provisions of this Act.
Application to Government of certain statutory provisions
36. This Act shall not prejudice the right of the Government to take advantage of the provisions of any written law although not named therein; and in any civil proceedings against the Government the provisions of any written law which could, if the proceedings were between private persons, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Government.
The appellant refers us to the decision of the majority in
To continue reading
Request your trial-
Ukm v Ag
...LR 317 (refd) ACB v Thomson Medical Pte Ltd [2017] 1 SLR 918 (refd) Adoption Application, Re [1987] Fam 81 (refd) AG v Ting Choon Meng [2017] 1 SLR 373 (refd) AG for the Province of British Columbia v AG for the Dominion of Canada [1914] AC 153 (refd) Agar-Ellis, Re (1883) 24 Ch D 317 (refd......
- Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd (and Another Appeal)
-
Esben Finance Ltd and others v Wong Hou-Lianq Neil
...to regulate their conduct within its bounds (see the decision of this court in Attorney-General v Ting Choon Meng and another appeal [2017] 1 SLR 373 at [95], per Sundaresh Menon CJ). For the reasons set out above, we are of the view that the equitable doctrine of laches does not apply to t......
-
Public Prosecutor v Ng Kok Wai
...this task, I adopted the purposive interpretation approach which involves the following steps: Attorney-General v Ting Choon Meng [2017] 1 SLR 373 and Tan Cheng Bock v Attorney-General [2017] 2 SLR 850 (“Tan Cheng Bock”): First, ascertain the possible interpretations of s 178 and s 180, hav......
-
RIGHTISM, REASONABLENESS AND REVIEW: SECTION 377A OF THE PENAL CODE AND THE QUESTION OF EQUALITY – PART ONE
...which underpinned free speech and thus had “little, if any” value: Sundaresh Menon CJ (dissenting), Attorney-General v Ting Choon Meng [2017] 1 SLR 373 at [117]. 107 Ong Ming Johnson v Attorney-General [2020] SGHC 63 at [240]. If sexual expression was protected by Art 14, this would protect......
-
ENLARGED PANELS IN THE COURT OF APPEAL OF SINGAPORE
...[2016] 2 SLR 944; Grains and Industrial Products Trading Pte Ltd v Bank of India [2016] 3 SLR 1308; Attorney-General v Ting Choon Meng [2017] 1 SLR 373; Harven a/l Segar v Public Prosecutor [2017] 1 SLR 771; Gopu Jaya Raman v Public Prosecutor [2018] 1 SLR 499; and Mohamed Affandi bin Rosli......
-
The legal and commercial frameworks
...he Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 1973 (TCC) at [41], per Akenhead J; Attorney-General v Ting Choon Meng [2017] SGCA 6 at [70]–[71]. Parliamentary debates have, eg, been referred to in order to assist in the interpretation of the Housing Grants, Construction ......
-
FAIR USE ON INSTAGRAM
...Directories Pte Ltd [2017] 2 SLR 185 at [86], per Sundaresh Menon CJ. 80 New York Times Co v Sullivan 376 US 254 at 269 (1964). 81 [2017] 1 SLR 373. 82 Attorney General v Ting Choon Meng [2017] 1 SLR 373 at [109] and [114], per Sundaresh Menon CJ. 83 Emily Hudson, “Implementing Fair Use in ......