Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
a situation where the English Court of Appeal had found that the primary
meaning of allegedly defamatory words was a comment that had been honestly
expressed. The English Court thus was disinclined to expend time and money
to determine the remaining issue, which was “theoretical” and could not succeed
unless it had been maliciously advanced. Since malice had not even been
pleaded, there was no realistic prospect of success. By contrast, a legitimate and
viable endpoint, namely the pursuit of vindication of reputation and damages,
is being pursued by the plaintiff on the instant facts. It thus suffices for me to
note that even if Jameel goes beyond a conflicts of law or forum shopping issue,
the principle laid down is not applicable in this case. As Choo Han Teck J
observed on Jameel in Chan Boon Siang and others v Jasmin Nisban [2018] 3
SLR 498 at [7], “although the court’s resources ought not to be used for the
pursuit of trivial or pointless claims, each case must be determined on its own
facts”.
The doctrine in Derbyshire
76
The case of Derbyshire stands for the proposition that a government
organ or entity cannot sue in defamation, as that would otherwise impede
criticism, and thus freedom of speech. In his speech at 547F, Lord Keith
observed that:
… it is of the highest public importance that a democratically
elected governmental body, or indeed any governmental body,
should be open to uninhibited public criticism. The threat of a
civil action for defamation must inevitably have an inhibiting
effect on freedom of speech.
77
The plaintiff argues that the rule in Derbyshire is not applicable as he is
claiming here as an individual, and not as a government organ or entity. The
defendant argues to the contrary that the instant proceedings have been brought
by the plaintiff to circumvent the rule in Derbyshire, and that it is in fact the
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