Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
while under cross-examination, between actions relating to his role in
government (“And our answer is, in the end, put it to the test, the test of the
ballot”) and actions relating to his personal reputation (“but when somebody
defames me, whether he happens to be a [government] critic or not … I have to
think what to do and what my legal options are and how I can clear my name”).33
Similarly, I do not accept that the means by which the plaintiff came to know
about the defamatory words is relevant, nor am I persuaded that the statements
and actions by ministers and government entities are decisive. After all, there
was suggestion in the Article that the government, and specifically the plaintiff
in his capacity as head of the government, had behaved improperly. There was
thus good reason for the government to seek to refute allegations made against
it.
79
I instead accept that the plaintiff here is indeed suing as an individual.
Even if Derbyshire represents the law in Singapore, the present facts are quite
different. Nothing in Derbyshire would prevent an official such as the plaintiff
from suing in his own name and in respect of his own injury. The language of
the various judgments did not go so far. It is clear that the House of Lords was
concerned with agencies or entities within the government, and differentiating
such entities from private, ie, non-governmental, corporations. This can be seen
at 547E–G:
There are, however, features of a local authority which may be
regarded as distinguishing it from other types of corporation,
whether trading or nontrading. The most important of these
features is that it is a governmental body. Further, it is a
democratically elected body, the electoral process nowadays
being conducted almost exclusively on party political lines. 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 civil action
33
Transcript of 6 October 2020, Page 132, Line 24 to Page 133, Line 25.
44
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