SINGAPORE - Ministers K. Shanmugam and Vivian Balakrishnan have threatened to sue Mr Lee Hsien Yang for defamation if he does not apologise for making false allegations relating to their rental of two black-and-white bungalows in Ridout Road.

Mr Shanmugam, who is Law and Home Affairs Minister, said on Thursday that he and Dr Balakrishnan, who is Foreign Minister, sent lawyers’ letters to Mr Lee on Thursday.

But Mr Lee, the younger son of Singapore’s first prime minister Lee Kuan Yew and the brother of Prime Minister Lee Hsien Loong, is currently living overseas.

The Straits Times speaks to lawyers to understand if a civil suit can be filed against an individual who is not in Singapore, and if a trial can be conducted in his absence.

Q: Can a civil suit be filed in Singapore when the defendant is not in the country?

A: Yes, as long as the Singapore courts have jurisdiction over the matter, said lawyers.

Mr John Lim, managing director of LIMN Law Corporation, said the plaintiff must file an originating claim, which is a formal document addressed to the defendant to notify them of the proceedings.

The court, in hearing the application for service out of jurisdiction, will consider a number of factors, including whether it is the appropriate court to hear the action and which country the defendant is currently residing in.

Mr Lim said that if the damages sought exceed $250,000, then the case will be filed and heard in the High Court. The State Courts hear matters where the value of the claim does not exceed $250,000.

Q: What course of action can the defendant take?

A: A defendant who wishes to contest the originating claim must first serve a notice of intention to contest, and file and serve his defence.

“For a defendant who is served out of Singapore, he must file a defence within five weeks after the originating claim is served on him,” said Mr Lim.

If he does not file and serve a notice of intention to contest or not contest, or file a defence, within the prescribed time limits, then the applicant may enter a default judgment, added lawyer Mohamed Fazal Abd Hamid of IRB Law. 

Q: How can a trial on a civil matter be held in absentia?

A: The trial can proceed if a party to the civil proceedings has notice of the hearing but fails to attend it.

The court can also give judgment against the defendant in his absence.

Mr Lim said the defendant “may elect to give evidence through video link and seek the court’s permission to do so”.

Q: How can awards be enforced if a party is not present in Singapore?

A: Lawyer Daniel Goh, managing director of Characterist, said that as long as the defendant owns identifiable assets, the fact that he is not in Singapore is not a barrier to enforcement proceedings.

“If the defendant’s assets are overseas, depending on the jurisdiction in question, it may be possible to enforce a Singapore judgment abroad,” added Mr Goh.

A range of enforcement options are also available to a successful claimant if a judgment has been entered against the defendant.

These include orders for the seizure and sale of property belonging to the defendant, or for the attachment of debts owed by any person or entity to the defendant.

Q: What is a notable case of a civil suit in absentia in Singapore?

A: Mr Lim said Mr Tang Liang Hong, who stood as a candidate for the Workers’ Party at the 1997 General Election, was ordered to pay damages to 11 People’s Action Party leaders who sued him for defaming them.

Mr Tang left Singapore shortly after the election and was ordered in absentia to pay $8,075,000 to the politicians, including founding prime minister Lee Kuan Yew and then Prime Minister Goh Chok Tong.