Lee Hsien Loong v Xu Yuan Chen
| Field | Detail |
|---|---|
| Court | High Court of Singapore |
| Applicant/Plaintiff | Lee Hsien Loong |
| Respondent/Defendant | Xu Yuan Chen (Terry Xu); Rubaashini Shunmuganathan |
| Underlying act/statement | Defamation Act |
| Charge/Cause of action | Defamation (Suit No 882 of 2019, against Xu; Suit No 1136 of 2019, against Rubaashini) |
| Key dates | Article published 15 August 2019; suits filed 2019; trial 30 November – 4 December 2020, 15 February, 1 March, 31 May, 21 June 2021; judgment 1 September 2021; costs order 13 October 2021 |
| Citation | [2021] SGHC 206 |
| Outcome | Judgment for the plaintiff. Damages of $210,000 against Xu (S$160,000 general, S$50,000 aggravated) and $160,000 against Rubaashini (default judgment, jointly and severally liable with Xu to that extent; no double recovery, so total damages payable to LHL across both suits capped at $210,000). Injunction granted against Xu. Costs of $87,832.93 separately ordered against Xu on 13 October 2021. |
| Related proceedings | Lee Hsien Loong v Roy Ngerng Yi Ling; Lee Hsien Loong v Leong Sze Hian |
Lee Hsien Loong v Xu Yuan Chen and its companion suit Lee Hsien Loong v Rubaashini Shunmuganathan, decided together as [2021] SGHC 206, were defamation proceedings brought by Prime Minister Lee Hsien Loong against Xu Yuan Chen (Terry Xu), then chief editor of The Online Citizen (TOC), and Rubaashini Shunmuganathan, a freelance writer, over an article published on TOC concerning 38 Oxley Road and the Lee family dispute.
The High Court, in a judgment by Audrey Lim J, found for the plaintiff and awarded a total of $210,000 in damages plus an injunction against Xu, with Rubaashini held jointly and severally liable for $160,000 by default judgment. Xu subsequently raised the damages and a further costs award through public crowdfunding.
Background
On 15 August 2019, TOC published an article titled "PM Lee's wife, Ho Ching weirdly shares article on cutting ties with family members". The article was written by Rubaashini Shunmuganathan on the basis of pointers given to her by Xu, who had asked her to do "some creative writing"; Xu published the piece without edits and it was subsequently shared on TOC's Facebook page.[1]
The article was published against the backdrop of the long-running dispute within the Lee family over 38 Oxley Road, the family home of the late Lee Kuan Yew, and allegations made by Lee Hsien Yang and Lee Wei Ling in June 2017 that Lee Hsien Loong had misused his position as Prime Minister in connection with the property.
Lee Hsien Loong commenced Suit No 882 of 2019 against Xu and Suit No 1136 of 2019 against Rubaashini. The two suits were tried and decided together, as the causes of action arose from the same article and the court sought to avoid any double compensation to the plaintiff.[1]
Proceedings
Meanings found and liability
The court held that the article, read as a whole, bore three defamatory meanings (the "Claimed Meanings"):
- that Lee Hsien Loong had misled Lee Kuan Yew into thinking that 38 Oxley Road had been gazetted for conservation;
- that Lee Hsien Loong's reasons for being bequeathed the House, and for considering alternatives to its demolition, were improper; and
- that Lee Hsien Loong had had himself removed as executor of Lee Kuan Yew's estate after Lee Kuan Yew discovered that the House had not, in fact, been gazetted.
The court found all three meanings to be false and defamatory of the plaintiff. Xu's defence of justification failed in respect of each meaning. Rubaashini did not enter an appearance and judgment was entered against her in default.[1]
Damages
Audrey Lim J awarded:
- against Xu: $160,000 general damages and $50,000 aggravated damages (total $210,000), plus an injunction restraining further publication of the defamatory imputations;
- against Rubaashini: $160,000 general damages by default judgment, with no award of aggravated damages, as she had not contested liability or otherwise shown conduct comparable to Xu's aggravating conduct.
Xu and Rubaashini were held jointly and severally liable to the extent of $160,000, in line with section 16 of the Defamation Act, so as to avoid double compensation for the same loss; the court confirmed that the total damages recoverable by the plaintiff across both suits was $210,000.[1]
In setting the quantum, the court compared the case to other Singapore defamation precedents, noting that the damages awarded were lower than in cases involving allegations of corruption or criminal conduct, but higher than in LHL v Ngerng and LHL v Leong Sze Hian.
The court took into account that the article had been viewed approximately 98,338 times in August 2019 alone, and that Xu, as TOC's chief editor, held "higher standing" than an ordinary member of the public, which the court treated as an aggravating factor relative to the Ngerng case.[1]
Costs
Following the judgment, the parties made submissions on costs. On 13 October 2021, the court ordered Xu to pay Lee Hsien Loong's legal costs of $87,832.93, in addition to the $210,000 in damages, bringing Xu's total liability to $297,832.93.[2]
Reactions
Xu maintained that the article reflected matters of public interest arising from statements made by Lee Hsien Yang and Lee Wei Ling, and that the suit formed part of a wider pattern of defamation actions brought by the Prime Minister against his critics, alongside the suits against Roy Ngerng and Leong Sze Hian.
Aftermath: crowdfunded repayment
Xu launched a public crowdfunding appeal to raise the sums awarded against him. He raised approximately $210,000 from around 2,053 donors to cover the damages awarded in the September 2021 judgment.
Following the separate costs order of $87,832.93 on 13 October 2021, PM Lee's lawyers set a payment deadline of 27 October 2021, 5pm. Xu launched a second, shorter crowdfunding appeal and raised an additional $87,000 in 13 days from about 725 donors to cover the shortfall.
In total, Xu raised $299,680.42 from 2,778 donors across both crowdfunding rounds, covering the combined $297,832.93 in damages and costs with a small surplus. As with the earlier suits against Roy Ngerng and Leong Sze Hian, PM Lee's press secretary reiterated that the Prime Minister would donate the sums he received to charity.[2]
See also
References
External links
- Lee Hsien Loong v Xu Yuan Chen and another suit [2021 SGHC 206] – full judgment, elitigation.sg
- "Terry Xu raises S$87,000 in 13 days to pay damages, costs to PM Lee following defamation suit", Mothership.sg