Commercial diving firm fined S5,500 for flouting stop-work order; lives put ‘at risk’

SINGAPORE: A commercial diving company has been fined S$115,500 (US$85,697) for failing to comply with a stop-work order issued in October 2018, the Ministry of Manpower (MOM) said on Thursday (Aug 10). The firm was fined on Jul 14, 2023.

Joint Pacific Ocean Underwater Services (JPO) was issued a stop-work order on Oct 21, 2018, following an MOM inspection on board the dive boat JPO Challenger.

Companies that have been issued a stop-work order are not allowed to carry out workplace activities until safety measures have been taken to the satisfaction of the commissioner of Workplace Safety and Health.

The ministry said it found “several safety lapses”, including the lack of commercial diving equipment, the lack of a commercial diving training and the lack of a dive plan.

“Commercial diving activities could not be carried out as it would endanger the safety, health and welfare of workers,” MOM added.

However, the ministry later received feedback of possible infringement of the Work Safety and Health Act. It conducted follow-up inspections on Apr 25, 2019.

It was later found that JPO continued commercial diving activities even though the stop-work order was still in force.

For instance, the company made a total of 155 applications to the Maritime and Port Authority (MPA) for diving permits to carry out commercial diving operations.

Divers employed by JPO were also instructed to carry out commercial diving works, such as underwater inspections of vessels, underwater polishing of vessel propellers and underwater cleaning of vessel hulls.

“MOM uncovered 33 service reports containing details of works carried out,” it said.

“JPO had put the lives of its divers at risk by instructing them to carry out commercial diving works while the SWO was still in force.”

CNA has reached out to JPO and MPA for comments.Continue Reading

China opens up to more destinations for outbound group tourism

BEIJING: China is resuming outbound group tourism to destinations including Japan, South Korea, Australia, the United States, Germany and Britain, its culture and tourism ministry said on Thursday (Aug 10). The news cheered China’s outbound travel operators, which have struggled since 2020 with more than three years of pandemic-induced borderContinue Reading

Chatthaipattana joins Pheu Thai-led coalition

Chatthaipattana joins Pheu Thai-led coalition
Pheu Thai Party leader Cholnan Srikaew, centre right, announces the inclusion of the Chartthaipattana Party to its coalition alliance, at the parliament on Thursday morning. Representatives of both parties were present including Chartthaipattana leader Varawut Silpa-archa, centre left. (Photo: Chanat Katanyu)

The Pheu Thai Party has welcomed the Chatthaipattana Party, along with its 10 MPs, into its coalition, raising the number of House seats held by the coalition to 238 out of the total 500.

Both parties on Thursday morning expressed their commitment to seeking cooperation from all political parties and the Senate for the election of a new prime minister and the formation of a new government.

Pheu Thai leader Cholnan Srikaew said during a joint statement at the parliament that the country is in a unique political situation and all parties needed to join forces to address constitutional issues, economic challenges and social conflicts.

The two parties urged the public to have confidence in their alliance, which is intended to bring the Thai society back to normal quickly.

Chartthaipattana leader Varawut Silpa-archa said he thanked Pheu Thai for inviting his party to the coalition. Chatthaipattana was happy to accept the invitation and become a coalition partner, he said.

Mr Varawut cited shared policies and perspectives between Pheu Thai and Chartthaipattana and expressed confidence in Pheu Thai’s potential to lead the upcoming administration.

With the inclusion of Chartthaipattana, the Pheu Thai-led coalition alliance now consists of nine parties. Earlier Pheu Thai withdrew from its previous eight-party coalition with the May 14 general election winner Move Forward Party (MFP). The MFP had 151 House seats while Pheu Thai came second with 141 seats.

Pheu Thai later teamed up with the Bhumjaithai Party, which came third in the election with 71 House seats. On Wednesday Pheu Thai announced its coalition had six more political parties.

In the press conference, Pheu Thai leader Cholnan said that the previous eight-coalition alliance with Move Forward with a total of 312 House seats failed to form a government despite the best efforts from Pheu Thai.

Tne Pheu Thai-led coalition would have a majority vote in the 500-seat House before the parliament vote for prime minister, said Mr Cholnan.

Pheu Thai deputy leader Phumtham Wechayachai said Pheu Thai representatives’ meeting with the election-winning Move Forward Party (MFP) on Wednesday was not an invitation for the MFP to join the coalition government. Paetongtarn Shinawatra, a Pheu Thai prime ministerial candidate and daughter of fugitive former prime minister Thaksin Shinawatra, also attended the meeting.

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Chartthaipattana joins Pheu Thai-led coalition

Pheu Thai leader says all parties should join hands to solve pressing problems in the country

Chartthaipattana joins Pheu Thai-led coalition
Pheu Thai Party leader Cholnan Srikaew, centre right, announces the inclusion of the Chartthaipattana Party in its coalition, at the parliament on Thursday morning. Representatives of both parties were present including Chartthaipattana leader Varawut Silpa-archa, centre left. (Photo: Chanat Katanyu)

The Pheu Thai Party has welcomed the Chartthaipattana Party, along with its 10 MPs, into its coalition, raising the number of House seats held by the coalition to 238 out of the total 500.

Both parties on Thursday morning expressed their commitment to seeking cooperation from all political parties and the Senate for the election of a new prime minister and the formation of a new government.

Pheu Thai leader Cholnan Srikaew said during a joint statement at the parliament that the country is in a unique political situation and all parties needed to join forces to address constitutional issues, economic challenges and social conflicts.

The two parties urged the public to have confidence in their alliance, which is intended to bring the Thai society back to normal quickly.

Chartthaipattana leader Varawut Silpa-archa said he thanked Pheu Thai for inviting his party to the coalition. Chartthaipattana was happy to accept the invitation and become a coalition partner, he said.

Mr Varawut cited shared policies and perspectives between Pheu Thai and Chartthaipattana and expressed confidence in Pheu Thai’s potential to lead the upcoming administration.

With the inclusion of Chartthaipattana, the alliance now consists of nine parties. Earlier Pheu Thai withdrew from its previous eight-party coalition with the May 14 general election winner Move Forward Party (MFP). The MFP had 151 House seats while Pheu Thai came second with 141 seats.

Pheu Thai later teamed up with the Bhumjaithai Party, which came third in the election with 71 House seats. On Wednesday Pheu Thai announced its coalition had six more political parties.

In the press conference, Pheu Thai leader Cholnan said that the previous eight-coalition alliance with Move Forward with a total of 312 House seats failed to form a government despite the best efforts from Pheu Thai.

The Pheu Thai-led coalition would have a majority of votes in the 500-seat House before the parliament vote for prime minister, said Mr Cholnan.

The vote could take place next week depending on the outcome of a Constitutional Court meeting on Aug 16 to review a petition against an earlier decision by parliament to block the renomination of MFP leader Pita Limjaroenrat.

Pheu Thai deputy leader Phumtham Wechayachai said that Pheu Thai representatives’ meeting with the MFP on Wednesday was not an invitation for the latter to join the coalition government. Paetongtarn Shinawatra, a Pheu Thai prime ministerial candidate and daughter of fugitive former prime minister Thaksin Shinawatra, also attended the meeting. The talks were inconclusive.

Pheu Thai is hopeful that Move Forward MPs will vote for the new coalition’s prime ministerial candidate even though the party is now almost certain to be in the opposition.

A meeting of Move Forward MPs resolved earlier this week that each member should seek the views of his or her constituents about whether they believe the party should support the Pheu Thai prime ministerial candidate.

Many Move Forward MPs have been using their social media platforms, notably X (formerly Twitter), to conduct polls among their constituents. So far, a large majority of the responses have been opposed to the party voting for the Pheu Thai PM candidate.

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China’s default drama cries out for faster reforms

Seeing “China Evergrande Group” trending on global search engines is the last thing Xi Jinping needs as 2023 goes awry for Asia’s biggest economy.

News that exports plunged 14.5% in July year on year was the latest blow to China’s hopes of growing its targeted 5% this year. It’s the biggest drop since February 2020, when Covid-19 was sledgehammering trade and production worldwide.

Yet the default drama at Country Garden Holdings is a reminder that the call for help is coming from inside China’s economy.

This week, Country Garden was trending in cyberspace as it faced liquidity troubles akin to those of the humbled China Evergrande in 2021. 

The whiff of trouble that tantalized markets in recent weeks proved true amid reports noteholders failed to receive coupon payments due on August 7.

That has global investors worried about an Evergrande-like domino effect. “If Country Garden, the biggest privately owned developer in China, goes down, that could trigger a crisis in confidence for the property sector,” says Edward Moya, senior market analyst for Oanda.

Analyst Sandra Chow at advisory firm CreditSights notes that “with China’s total home sales in the first half of 2023 down year-on-year, falling home prices month-on-month across the past few months and faltering economic growth, another developer default – and an extremely large one, at that – is perhaps the last thing the Chinese authorities need right now.”

The risk is slamming investor sentiment toward China. And it spotlights the urgent need for Chinese leader Xi and Premier Li Qiang to repair the shaky property sector and accelerate state-owned enterprise (SOE) reform.

A more vibrant and resilient property market is crucial to China’s economic recovery in the short run and reducing the frequency of boom-bust cycles in the longer run. The sector, if running smoothly, can generate as much as one-third of China’s gross domestic product.

Earlier this month, Li pledged to “adjust and optimize” Beijing’s approach to building a healthier, more stable property market. Li has urged major cities to devise measures to stabilize markets in their own jurisdictions. 

Chinese President Xi Jinping (L) and Premier Li Qiang (R) face economic troubles. Image: NTV / Screengrab

That followed a pledge by the People’s Bank of China (PBOC) to provide developers with 12 additional months to repay their outstanding loans due this year.

This week’s default chatter raised the stakes. On August 3, Moody’s Investors Service slashed Country Garden’s credit rating to B1, putting it in the “high risk” category. 

“This downgrade reflects our expectation that Country Garden’s credit metrics and liquidity buffer will weaken due to its declining contracted sales, still-constrained funding access and sizable maturing debt over the next 12 to 18 months,” says Moody’s analyst Kaven Tsang.

Country Garden’s stock has cratered over the last week after the company’s warning of an unaudited net loss for the first six months of 2023. Clearly, Country Garden has been grappling with liquidity chaos for some time. 

As the company noted in a July 31 exchange filing, it “will actively consider taking various countermeasures to ensure the security of cash flow. Meanwhile, it will actively seek guidance and support from the government and regulatory authorities.”

A day later, Country Garden reportedly canceled an attempt to raise US$300 million by selling new shares. 

As analysts at Nomura wrote in a note, “recent signals from top policymakers… suggest Beijing is getting increasingly worried about growth and have clearly recognized the need to bolster the faltering property sector. They are starting a new round of property easing and may introduce some stimulus to redevelop old districts of large cities.”

More important, though, is for Xi and Li to tackle the underlying cracks in the financial system. The sector’s troubles are structural, not cyclical.

Thanks partly to slowing urbanization and an aging and shrinking population, demand for new housing is on the wane. When economists worry about a Japan-like “lost decade” in China, the unfolding property crisis is Exhibit A.

The more that already massive oversupply increases, the more difficult it’s becoming for Beijing’s stimulus to flow through to construction activity. 

And the more the property sector acts like a giant weight around the economy’s ankles, the more China’s financial woes look like Japan’s bad-loan crisis.

China’s beleaguered property market is dragging down the wider economy. Photo: AFP / Noel Celis

This dynamic is a clear and present danger to China’s ability to surpass the US in GDP terms, a changing of the economic guard many thought might happen as soon as the early 2030s. Yet so is the slow pace of SOE reform as China’s economic model shows growing signs of trouble.

Xi and Li clearly understand the urgency. In recent months, Xi’s Communist Party set out to help boost the valuations of SOE stocks, which represent a huge share of China’s overall market. 

According to Goldman Sachs Group, SOEs in sectors from banking to steel to ports account for half the Chinese stock market universe. Yet Xi’s talk of creating a “valuation system with Chinese characteristics” is a work in progress, at best.

The SOE conundrum is a microcosm of Xi’s challenge to balance increasing the role of market forces and boosting investment in listed state companies, while also pulling more international capital China’s way.

In his second term in power, from 2018 to 2023, Xi more often than not tightened his grip on the economy at the expense of private sector development and dynamism. 

The most drastic example was a tech sector crackdown that began in late 2020. It started with Alibaba Group founder Jack Ma and quickly spread across the internet platform space.

Since then, global money managers have grown increasingly more cautious about investing in Chinese assets. This, along with a steady flow of disappointing economic data, is undermining Chinese stocks, which are among the worst-performing anywhere this year. 

That has given Xi and Li all the more reason to ensure that the practices of China’s largest state-owned giants come into better alignment with global investors’ interests and expectations.

China needs a huge increase in global investment to realize its vision for a 5G-driven technological revolution. Monetary stimulus can’t get China Inc there any more than Bank of Japan stimulus can revive Japan’s animal spirits.

Given the fallout from Covid-19 and crackdowns of recent years, China’s biggest tech companies are no longer cash rich or self-supporting. And the transition from SOE-driven to private sector-led growth has become increasingly muddled.

“If SOEs are able to pick and integrate the right targets, control risk effectively and promote innovation, outcomes should be credit-positive for the firms involved and beneficial for China’s growth,” says analyst Wang Ying at Fitch Ratings.

The global environment hardly helps, as evidenced by recent declines in export activity. US efforts to contain China’s rise – whether one calls it “decoupling” or de-risking” – is an intensifying headwind.

On August 9, US President Joe Biden detailed new plans to curb American investments in Chinese companies involved in perceived as sensitive technologies such as quantum computing and artificial intelligence. 

Chinese leader Xi Jinping and US President Joe Biden are at loggerheads on tech issues. Photo: Pool / Twitter / Screengrab

Though nominally aimed at preventing US capital and expertise from flowing into mainland technologies that could facilitate Beijing’s military modernization, the limits are sure to have an added chilling effect on market sentiment.

Lingering pandemic fallout hardly helps. Adam Posen, president of the Peterson Institute for International Economics, a Washington-based think tank, argues that China is suffering “economic long Covid” that could mean its condition is even weaker than global markets realize.

In a recent article in Foreign Affairs, Posen said that “China’s body economic has not regained its vitality and remains sluggish even now that the acute phase – three years of exceedingly strict and costly zero-Covid lockdown measures – has ended. 

He warns that the “condition is systemic, and the only reliable cure – credibly assuring ordinary Chinese people and companies that there are limits on the government’s intrusion into economic life – can’t be delivered.”

Xi is, of course, trying. The campaign, which recently fueled a jump of over 50% in some SOE stocks, is accompanied by a slogan of buying into a “valuation system with Chinese characteristics.”

Last month, Chinese Vice Premier Zhang Guoqing said the government is redoubling efforts to deepen and hasten SOE reform. 

Zhang, a member of the Political Bureau of the Communist Party of China Central Committee, said the aim is to boost core competitiveness and prod SOEs to innovate, achieve greater self-reliance and raise their science and technology games.

More recently, Liu Shijin, a former vice minister and research Fellow of the Development Research Center, said government agencies must begin viewing entrepreneurs not as “exploiters” but as growth drivers.

But pulling off a transition toward private sector-driven growth would be much easier to pull off if China’s underlying financial system was more stable. The biggest risks start with the property sector.

“The problems of China’s property developers are only getting more severe,” says economist Rosealea Yao at Gavekal Dragonomics. 

“The sales downturn is likely to throw many more private-sector developers into financial distress — a risk underscored by Country Garden’s recent missed bond payments. Unless sales can be stabilized, developers will be trapped in a downward spiral.”

Yao cites three reasons why a continued downturn in sales could push many private sector property developers into financial distress. 

First, private developers have been mostly shut out of capital markets and thus unable to roll over maturing bonds since late 2021, when China Evergrande fueled investor concerns that other highly leveraged private sector developers would also be unable to repay their debts.

“Private sector developer issuance in the onshore bond market is now minimal, and has collapsed in the offshore market as well,” Yao says. “Companies with state ownership, by contrast, still mostly retain the faith of onshore bonds with bondholders demonstrating that they are not entirely risk-free. 

“The combination of both weak revenues and lack of refinancing ability has led many firms to default or negotiate repayment extensions since the start of 2022, and the number of defaults and extensions remains elevated this year.”

A worker at the construction site of Raffles City Chongqing in southwest China’s Chongqing Municipality. Photo: Asia Times Files / AFP / Wang Zhao

 Two, cash liquidity positions of private sector developers are deteriorating. According to the annual reports of 86 non-state-owned developers, she notes, short-term liabilities exceeded cash on hand by 725 billion yuan ($100 billion) in 2022, compared to a shortfall of 171 billion yuan ($23 billion) in 2021.

“This,” Yao says, “suggests that the firms may have insufficient liquidity to repay their maturing debts – though Country Garden boasted more cash on hand than its short-term liabilities at the end of 2022, suggesting this measure could understate the problem, as developer reserves may be shrinking rapidly this year.”

Third, many private-sector developers are not just illiquid – they are getting closer to insolvency. That is mostly due to rising impairment charges as the companies are forced to recognize that assets on their balance sheets have declined in value, often under pressure from auditors. 

“Such charges deplete the asset side of companies’ balance sheets, pushing them closer to a situation in which the value of their liabilities could exceed the value of their assets — similar to the more traditional path to insolvency through negative net profits reducing equity,” she adds.

Again, Xi and Li clearly know what needs to be done to put China on more solid economic and financial ground. They just need to accelerate badly needed reform moves – before more indebted property developers like Country Garden hit investor confidence in the country’s prospects and direction. 

Follow William Pesek on Twitter at @WilliamPesek

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Pakistan: Negotiate with PTM for stability

In the aftermath of rampant militancy and long military operations in the former Federally Administered Tribal Areas (FATA), the Pashtun Tahafuz Movement (PTM) led by Manzoor Pashteen emerged as a powerful socio-political force in the Pashtun belt of Pakistan.

The PTM as a prominent voice of war-butchered Pashtuns started peaceful struggle to advocate and ensure the due rights and security of Pashtuns in Pakistan. However, the myopic thinking of Pakistan’s powerful establishment, which seeks to silence or suppress the PTM, will pave way to detrimental consequences at ethnic and provincial levels.

By ignoring the legitimate grievances of the Pashtun community – demanding an end to enforced disappearances, profiling, extrajudicial killings, discrimination, and removing landmines in tribal areas, the establishment risks exacerbating ethnic tensions, fueling radicalization, and undermining the stability it seeks to establish.

The Pashtun belt, straddling regions in Pakistan and Afghanistan, has long been plagued by conflicts, political and economic marginalization, and the absence of state institutions. Pashtuns have faced a multitude of challenges, including terrorism, militancy, and subsequent military operations.

The rise of militancy, and the Pakistani military’s counter-operations in Swat and tribal region have resulted in the displacement of millions of Pashtuns, loss of thousands of lives, and destruction of infrastructure.

Undoubtedly, these factors have contributed to a sense of alienation and a lack of trust in the government and military. The PTM emerged as a response to these injustices, demanding a Truth and Reconciliation Commission, justice, and an end to enforced disappearances and extrajudicial killings.

The PTM emerged in 2018 after the Karachi Police’s extrajudicial killing of Naqeebullah Mehsud, a young Pashtun from South Waziristan. The movement gained momentum as it highlighted the injustices faced by the Pashtun community, particularly in the FATA. The PTM’s demands for truth, justice, and an end to the culture of impunity resonated with the Pashtun population.

Silencing or suppressing the PTM would be a grave mistake as it would ignore the legitimate grievances of the Pashtun community. The federal government and military establishment fail to recognize that addressing these grievances is essential for achieving sustainable peace and security in the Pashtun belt.

By dismissing the PTM’s demands, the government and military risk alienating the Pashtun population further, and perpetuating a cycle of violence and instability.

The PTM plays a crucial role in countering radicalization by providing a peaceful platform for Pashtuns to voice their concerns and grievances. By suppressing the movement, the military establishment undermines this constructive outlet, and inadvertently pushes disillusioned Pashtuns towards more radical alternatives.

The PTM’s emphasis on non-violence and peaceful protest serves as a vital counter-narrative to extremist ideologies. Silencing the PTM would create a void that could be filled by radical elements equal to exacerbating security challenges in the Pashtun belt.

PTM chief Manzoor Pashteen addresses a public gathering in Loralai, Balochistan, on August 7, 2023. Photo: Pashteen’s official Facebook page.

Evidently, Pakistan’s key security institution is moving wrong to recognize the importance of building trust and inclusivity in the Pashtun belt. By ignoring and countering the PTM, the establishment reinforces a perception of discrimination and marginalization among Pashtuns.

This further deepens the divide between the state and the Pashtun community, hindering efforts to establish a stable and secure environment. Embracing the PTM’s demands for inclusivity and addressing the grievances of the Pashtun community would foster trust, encourage cooperation, and contribute to long-term security stability.

Subduing the PTM could potentially escalate tensions in the Pashtun belt. The movement has garnered significant support, and mobilized a large number of Pashtun youth and intelligentsia who feel marginalized and victimized.

By attempting to silence the PTM, the federal government and military establishment risk provoking a backlash and further radicalization among Pashtuns. The grievances of the Pashtun community cannot be ignored or suppressed indefinitely, as doing so would only add fuel to existing tensions and potentially lead to violence.

For peace, dialogue and negotiation are essential in resolving the grievances of the Pashtun community. Instead of viewing the PTM as a threat, the civil-military leadership should engage in meaningful discussions to understand and address the concerns raised by the movement.

Open dialogue can lead to a better understanding of the issues at hand, and pave the way for mutually beneficial solutions. The use of power would serve to stifle dialogue, and perpetuate a cycle of violence and mistrust.

Without a single iota of doubt and confusion, it is utterly clear that the demands of the PTM are within the framework of the constitution of Pakistan.

One of the core demands of the PTM is an end to enforced disappearances. After the attacks of September 11, 2001, in the US, the Pakistani military launched large-scale operations against the militants in the former FATA.

Enforced disappearances on the basis of suspicion became routine. Thousands of Pashtuns have gone missing, with their families left in anguish and uncertainty.

By suppressing the movement, the military perpetuates a culture of impunity and denies justice to the victims and their families. This not only undermines the rule of law, but also fuels resentment and mistrust among the Pashtun population.

The government and military must acknowledge these grievances and take concrete steps to investigate and address cases of enforced disappearances.

The military operations in the Pashtun belt have resulted in the displacement of millions of Pashtuns. Many have lost their homes, lands, and livelihoods. Tens of thousands of internally displaced persons (IDPs) are still living in BakaKhail camp in North Waziristan in an extremely poor state of life.

The rehabilitation of IDPs is crucial for building peace, stability and preventing the resurgence of militancy. The government can demonstrate its commitment to the well-being of the Pashtun community and pave the way for sustainable peace.

Moreover, the Pashtun belt has been a hotbed of militancy and terrorism for decades. The PTM’s demands for peace and stability align with the government’s objectives. By listening to the PTM, the military and government can gain valuable insights into the root causes of militancy and develop more effective strategies to counter it.

Involving the local population to tackle the menace of militancy will enhance intelligence gathering, build trust, and promote a sense of ownership over security matters.

Undeniably, the PTM is powerful. The chief of the PTM, Manzoor Pashteen, is powerful. He is the voice of millions of Pashtuns across Pakistan. His energetic anti-war narrative has preoccupied Pashtuns both emotionally and ideologically.

For Pashtuns, Manzoor is turning into a symbol of courage, resistance and Pashtunwali. Any intended attempt of the military establishment to derail or counter Manzoor Pashteen will prove disastrous and vibrantly dangerous on ethnic grounds. For stability, integrity and security, it is time to negotiate with the PTM.

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Singapore Chess Federation ex-treasurer awarded S0,000 in defamation suit over sexual misconduct allegation

FEMALE TRAINER’S RESIGNATION

One section of the defamatory letter referred to the resignation of a female chess trainer, Ms Anjela Khegay.

The letter alleged that Ms Khegay resigned from SCF on Aug 31, 2015 due to an “incident”, involving sexual misconduct of a verbal nature, at the federation’s Bishan office the day before. Ms Khegay subsequently filed a police report.

The letter further stated that Mr Nisban was one of two council members implicated in the incident, and that the president Mr Lau decided to withhold a report from other council members “despite the gravity of the matter”.

The reality was that Mr Nisban was in the room when the other council member who was implicated, Mr Tony Tan Teck Leng, made a remark to Ms Khegay which she found insulting.

On Jan 22, 2016, Mr Nisban’s lawyers sent a letter of demand to the 51 signatories, informing them that the statements in the letter were untrue and asking if they would dissociate from the statements.

Some subsequently withdrew their support. Mr Nisban sued the remaining for libel but 18 of them settled the matter, leaving the 21 defendants.

Not all 51 people who signed the requisition request were shown or had read the letter. Several claimed that they were only shown the signature sheet.

“SAME BRUSH OF SHAME”

In her judgment, District Judge Tan found that naming Mr Nisban in the letter “had the effect of tarnishing both council members with the same brush of shame”, even though Mr Nisban played a different role in the incident.

She ruled that a SCF member reading the letter would take it to mean that Mr Nisban was one of two council members accused by Ms Khegay of sexual misconduct; that the misconduct was serious enough to cause her to resign and lodge a police report; and that court proceedings could be pursued against them.

Most of the defendants argued that the word “implicated” in the letter merely meant “being involved”, but the judge said it was clearly meant to convey being involved in something bad or wrong.

“It cannot be argued that a statement to the effect that the plaintiff was accused of sexual misconduct and subject to police investigation would not lower the plaintiff in the eyes of right-thinking members of the SCF, or even the society at large,” District Judge Tan added.

Ms Khegay was also well-known in the SCF community, being a woman international master – the second-highest title in the chess world that is exclusive to women.

SCF members would be concerned about her sudden resignation, especially “chess parents” whose children she was training, said the judge.

The judge further noted that Mr Leong’s “unprecedented defeat” in the 2015 election was a shock to him, with “sufficient damning written evidence” that revealed his animosity towards his successor Mr Lau.

When it was suggested during the trial that the extraordinary general meeting that the letter called for was an act of revenge, Mr Leong did not deny it could be construed as such, said District Judge Tan.

She reiterated that Ms Khegay did not allege anything against Mr Nisban in her police report.

“In her resignation letter addressed to the SCF President, she had complained of the insulting and disturbing remark made to her by Tony Tan which she found to be totally unacceptable and inappropriate for any female,” the judge noted.

ISSUE OF MALICE

Mr Nisban also claimed the defendants had been motivated by political machinations and ill will as part of a plan to push through a vote of no-confidence in the SCF’s new leadership.

He also said there was a “hostile environment” within the executive council due to differences between two camps – Mr Leong and his supporters on one side, and on the other the likes of Mr Lau and Mr Nisban.

One defendant, Mr Kenneth Tan Yeow Hiang, showed his “complete indifference and reckless disregard” about the truth of the defamatory statements, said the judge.

He was a former SCF president as well as an ex-brigade commander in the Singapore Armed Forces. He also served as assistant managing director of the Economic Development Board, group managing director of UOB bank as well as director and chief of staff of Citibank.

The District Judge ruled that Mr Kenneth Tan, having failed to convince Mr Lau to voluntarily step down, signed the letter to support Mr Leong’s bid to oust Mr Lau and the executive council.

“His attitude in simply endorsing the requisition letter wholesale which he believed was prepared by Leong, or for which Leong was mainly responsible, without proper verification of the sexual misconduct allegations is evidence of malice,” she said.

‘COMBATIVE ATTITUDES’ DURING TRIAL

In determining the amount of damages to award Mr Nisban, the judge accepted his argument that the sexual misconduct accusations were particularly grave because they called his character and decency into question.

His wife and sons also “had to bear the shame and embarrassment” of being linked to the allegations, especially since Ms Khegay coached his son, said District Judge Tan.

While Mr Nisban was not a public leader or well-known figure in Singapore, he was well-known within the SCF community and had a reputation to protect.

As for aggravated damages, the judge said this was clearly warranted due to the defendants’ conduct during the trial. They also raised defences that were reckless or bound to fail.

“The trial also revealed the combative attitudes, as well as the disdain and contempt displayed by a number of the defendants towards the plaintiff,” she added.

For example, Mr Alphonsus Chia, former vice-president of Singapore Airlines and ex-CEO of defunct carrier SilkAir, insisted that Mr Nisban “cooked up” the accusation in the letter. He also challenged Mr Nisban to “bring it on”.

The defendant Mr Kenneth Tan also openly declared that Mr Nisban was a “less than straight” person, added District Judge Tan.

She ordered that all parties file submissions on the issue of costs.

The trial spanned 22 days and was spread across February 2021 to October 2022. Mr Nisban was represented by Mr Lau Kok Keng, Mr Daniel Quek and Ms Edina Lim from law firm Rajah & Tann Singapore.

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