Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
specifically was said in a libel. At [46] of Chase, Brooke LJ traced the
distinction in levels of meaning to Lord Devlin in Rubber Improvement Ltd and
another v Daily Telegraph [1964] AC 234 at 282:
I do not mean that ingenuity should be expended in devising
and setting out different shades of meaning. Distinct meanings
are what should be pleaded; and a reasonable test of
distinctness would be whether the justification would be
substantially different. In the present case, for example, there
could have been three different categories of justification – proof
of the fact of an inquiry, proof of reasonable grounds for it, and
proof of guilt.
Given that no plea of justification has been raised here, I could not see that
reliance on Chase was useful in the analysis. In any event, I note the observation
in Ng Koo Kay Benedict and another v Zim Integrated Shipping Services Ltd
[2010] 2 SLR 860 (“Ng Koo Kay Benedict”) at [17] that “All three [Chase]
levels are generally regarded as being defamatory, though in varying degrees”.
At highest, therefore, the defendant appears to contend that the effect of the
defamatory words was not particularly impactful. However, this is simply not
borne out on the facts, particularly in relation to the Article. In the Article,
specific allegations are made regarding the plaintiff’s corruption, notably in
relation to the provision of Singapore banks’ assistance in laundering 1MDB
funds. Moreover, as the defendant himself acknowledges, relying on Stocker v
Stocker [2020] AC 593 from [41] to [46], a reader casually parsing a Facebook
post adopts an impressionistic and fleeting response.18 He may not be entirely
alive to the nuances of the Chase levels, and may instead only draw a loose and
imprecise association between the wording of the Post and/or Article, and the
criminality associated with 1MDB. Whatever the case, I do not find that the
defendant can reasonably claim that the defamatory words did not impugn the
18
DCS at [20] to [22].
17
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