Reform Party is seriously concerned that Lee Hsien Loong may have breached the Ministerial Code of Conduct (the Code) by using his Official Press Secretary to write a letter to the Economist newspaper defending the PM’s private defamation suit against the blogger Roy Ngerng.
The Press Secretary is a civil servant paid by the taxpayer. There is also the question of possible misuse of state resources, which would, if true, be a further breach of the Code dealing with conflicts between the powers of the office and private financial interests. It could also potentially be an offence under Article 409 of the Penal Code dealing with Criminal Breach of Trust by a Public Servant.
The Code does not have the force of law though it would appear the President has the ultimate authority to investigate whether there has been a breach and to make his findings public. The Code says that “Breach of any of these “rules of obligation” may expose the Minister to removal from office”.
The question of whether Lee Hsien Loong misused state resources should properly be investigated and dealt with separately by the Corrupt Practices Investigation Bureau (CPIB). The President appoints the Director of CPIB and is not bound to follow the recommendations of the Cabinet. Under the Constitution, the President can also concur with the decision by the Director to open an investigation even if the Prime Minister refuses to give his consent. However, as the CPIB is merely a department under the control of the Prime Minister’s Office (PMO), there is the potential for improper pressure to be exerted.
Reform Party therefore calls for the CPIB to be removed from the PMO and either placed directly under the President. An even better solution would be to have a fully independent Commission with a directly elected Commissioner.
We also call on the President to clarify his jurisdiction in this matter. If he does have jurisdiction we expect him to conduct an impartial investigation and to make his findings public. A failure to do so risks eroding public confidence in the impartiality and integrity of our public institutions.
Kenneth Jeyaretnam
Secretary General
Reform Party Singapore