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https://www.pap.org.sg/38-oxley
PUBLISHED ON 03 Jul 2017
What did Mr Lee Kuan Yew actually say in his Will?
Mr Lee Kuan Yew stated in his Will (2013):
“I further declare that it is my wish, and the wish of my late wife, KWA GEOK CHOO, that our house at 38 Oxley Road, Singapore 238629 (“the House”) be demolished immediately after my death or, if my daughter, Wei Ling, would prefer to continue living in the original house, immediately after she moves out of the House. I would ask each of my children to ensure our wishes with respect to the demolition of the House be carried out.
If our children are unable to demolish the House as a result of any changes in the law, rules or regulations binding them, it is my wish that the House never be opened to others except my children, their families and descendants.”
He also said in a letter to Cabinet (27 December 2011):
"Cabinet members were unanimous that 38 Oxley Road should not be demolished as I wanted. I have reflected on this and decided that if 38 Oxley Road is to be preserved, it needs to have its foundations reinforced and the whole building refurbished. It must then be let out for people to live in. An empty building will soon decline and decay."
With this, he acknowledged that Cabinet had the right to review the fate of the house.
What is the Government's position on 38 Oxley Road?
The Government has publicly stated that nothing will be done to the house till Dr Lee Wei Ling ceases to live there. However, in preparation for the future, the Government has the responsibility to consider the public interest aspects of any property with heritage and historical significance, and this applies to 38 Oxley Road. A Ministerial Committee has been set up to list the options available, to guide a future government on this issue. (See below for details on the Ministerial Committee)
What is Mr Lee Hsien Loong’s involvement in matters relating to 38 Oxley Road?
As a son, he would like to see his parents’ wishes carried out, as he stated in Parliament on 13 April 2015. However, as Prime Minister, he would have to consider the wider public interest on 38 Oxley Road given its historical significance.
Therefore, Mr Lee Hsien Loong has recused himself from all government discussions pertaining to 38 Oxley Road. He did not take part in the decision to set up the Ministerial Committee. He has not had any dealings with the Committee, other than formal correspondence responding to the Committee’s requests. He has not given any instructions to the Ministerial Committee or its members.
Mr Lee Hsien Loong no longer has any financial interest in 38 Oxley Road. He has sold the house to Mr Lee Hsien Yang at fair market value. Both donated half the value of the house to charity. In addition, Mr Lee Hsien Loong topped up another half, such that he gave away the full value of the house he had inherited.
Why did Mr Lee Hsien Loong not challenge the Will when it was read?
Mr Lee Hsien Loong did not want a family disagreement to become public by challenging the matter in court. He felt it would further besmirch his parents’ name. It would also drag out the process for years, and cause more distraction and distress for Singaporeans.
Why will this matter be debated in Parliament? Is it not a private matter?
PM has brought this matter to Parliament because Mr Lee Hsien Yang and Dr Lee Wei Ling have made serious allegations of abuse of power against PM and his Government. The allegations are entirely baseless but they have already damaged Singapore’s reputation. Unrebutted, they can affect Singaporeans’ confidence in the Government. Parliament may not be a court of law, but it is the highest body in the land. It is also where the Government and PM are accountable to MPs and to the people of Singapore. PM has therefore made a Statement to account to Singaporeans and to deal with the issue expeditiously.
STATUTORY DECLARATION
What is a Statutory Declaration? Why is it important?
A Statutory Declaration is a sworn statement and if proved to be untrue, the maker can go to jail for perjury.
What are the issues with Mr Lee Kuan Yew’s Last Will?
1. Who drafted the Last Will?
2. Who gave instructions to reinsert the Demolition Clause that was removed from the 5th and 6th Will?
3. Was Mr Lee Kuan Yew highlighted to the fact that the Demolition Clause was reinserted into the Last Will?
4. Was Mr Lee Kuan Yew provided enough time to read through and absorb the content of the Last Will?
5. Why was the Last Will drafted so hastily?
Details can be found in these articles
indranee-rajah-4-financial-things-you-should-know-about-the-oxley-dispute
indranee-rajah-4-further-things-you-should-know-about-the-oxley-dispute
indranee-rajah-4-things-you-should-know-about-the-oxley-dispute
Didn’t Mr Lee Hsien Yang say that the Last Will was drafted by Mrs Kwa Kim Li?
Mrs Kwa Kim Li issued a public statement to say she did not draft the Last Will.
MINISTERIAL COMMITTEE
What is a Ministerial Committee?
When Cabinet looks into an issue, it sometimes forms a Committee of several Ministers in the relevant ministries. This ensures that important issues are given in-depth attention. It is also how we ensure that the Government does not operate in silos, and that national interest always prevails.
They are part of normal Cabinet working process. There are Ministerial Committees on a wide range of issues. For example, since 2014 there has been a Ministerial Committee on Changi East Developments.
What is the role of a Ministerial Committee in 38 Oxley Road?
The Committee was set up to study and set out the range of possible options for 38 Oxley Road and present them to Cabinet. The Government has the responsibility to consider the public interest aspects of any property with heritage and historical significance, and this applies to 38 Oxley Road.
However, the Government has stated that nothing will be done to the house while Dr Lee Wei Ling lives in it. Government will not make any decision, until Dr Lee Wei Ling leaves and that could be 20,30 years.
The list of options that the Ministerial Committee puts forth will only serve as a guide for a future government who has to make a decision on 38 Oxley Road.
Why can’t the Ministerial Committee simply demolish the house if it is in the late Mr Lee Kuan Yew’s will?
Mr Lee Kuan Yew wanted LWL to stay there. Government has said that it will respect those wishes. Thus the government cannot demolish the house now. When she leaves, government will have to consider what to do with the House.
Why was the Ministerial Committee “secret”?
There is nothing unusual about how this Ministerial Committee undertook its work. The work of such Committees are not generally publicised. They are part of the normal process by which the Government functions – to form a Committee of Ministers, to study a particular issue in detail, and then report back to Cabinet. Like Cabinet discussions, the works of these sub-committees are similarly kept confidential.
What is Mr Lee Hsien Loong’s role in this Ministerial Committee?
He has recused himself from all government discussions pertaining to 38 Oxley Road.
He did not take part in the decision to set up the Ministerial Committee. He has not had any dealings with the Committee, other than formal correspondence responding to the Committee’s requests. He has not given any instructions to the Ministerial Committee or its members.
DEED OF GIFT
Did Mr Lee Hsien Loong obtain the Deed of Gift in his official or private capacity?
The Prime Minister was given the deed in his official capacity. In June 2015, Minister Lawrence Wong updated PM on a major SG50 exhibition. Minister Wong told PM that the exhibition included artefacts from Oxley Road and described the conditions attached to the gift. As Prime Minister, it is normal for him to be kept informed on matters such as these, especially as this was a major public exhibition on Singapore’s founding leaders. Minister Lawrence Wong subsequently gave the Prime Minister the deed, which he had not seen before. As Prime Minister, PM had every right to see it. However, even in his personal capacity, Mr Lee Hsien Loong was a beneficiary of the late Mr Lee Kuan Yew’s estate, and he was entitled to see the Deed and to be consulted for his consent.
ABOUT 38 OXLEY ROAD
Does 38 Oxley Road hold any ‘architectural, historical, traditional or aesthetic interest?
Two Members from the Singapore Heritage Society wrote into the Straits Times on 24 April 2015. They shared that
“The house is over a hundred years old and, architecturally speaking, is a rare and unique type of bungalow…No. 38 is the only type of its kind left along Oxley Road.
Furthermore...there have been very little, if any, renovations or alternations made to 38 Oxley Road, thus leaving it largely in its original state.”
In addition, 38 Oxley Road is intertwined with the history of Singapore. It is the site where the nation’s founding fathers first came together and set Singapore on the path to its future destiny. It is where important and historical decisions were made that led to internal self-government, merger and eventually independence. It is also where the People’s Action Party was formed.
What could happen to 38 Oxley Road?
There are 4 possibilities:-
1. Demolition – requires planning permission from URA under the Planning Act, and a permit from BCA under the Building Control Act.
2. Preservation – designated as a national monument via a preservation order under the Preservation of Monument Act.
3. Conservation – Less restrictive than preservation, under the Planning Act. The land cannot be redeveloped for other uses but the building on it can be rebuilt.
4. Compulsory Acquisition – Owner compensated under the Land Acquisition Act at market value at the time of acquisition
What has Mr Lee Kuan Yew expressed about the rules and regulations? For example, many heritage and conservation buildings in Singapore have had the above applied to them?
Mr Lee Kuan Yew clearly recognised and accepted the possibility of a future Government deciding to preserve / conserve the property. He even stated in his Will that: “If our children are unable to demolish the House as a result of any changes to the law, rules and regulations binding them, it is my wish that the House never be opened to others except my children, their families and descendants.”
He also said in a letter to Cabinet (2011):
"Cabinet members were unanimous that 38 Oxley Road should not be demolished as I wanted. I have reflected on this and decided that if 38 Oxley Road is to be preserved, it needs to have its foundations reinforced and the whole building refurbished. It must then be let out for people to live in. An empty building will soon decline and decay."
What is the property worth?
38 Oxley Road is a freehold site with a land area of 12,060 sqft, and currently zoned for a 2-storey landed property. Media articles (such as TODAY 16 June 2017) cite the current estimated market value to be $24 million (around $1,990 psf).
PUBLISHED ON 03 Jul 2017
What did Mr Lee Kuan Yew actually say in his Will?
Mr Lee Kuan Yew stated in his Will (2013):
“I further declare that it is my wish, and the wish of my late wife, KWA GEOK CHOO, that our house at 38 Oxley Road, Singapore 238629 (“the House”) be demolished immediately after my death or, if my daughter, Wei Ling, would prefer to continue living in the original house, immediately after she moves out of the House. I would ask each of my children to ensure our wishes with respect to the demolition of the House be carried out.
If our children are unable to demolish the House as a result of any changes in the law, rules or regulations binding them, it is my wish that the House never be opened to others except my children, their families and descendants.”
He also said in a letter to Cabinet (27 December 2011):
"Cabinet members were unanimous that 38 Oxley Road should not be demolished as I wanted. I have reflected on this and decided that if 38 Oxley Road is to be preserved, it needs to have its foundations reinforced and the whole building refurbished. It must then be let out for people to live in. An empty building will soon decline and decay."
With this, he acknowledged that Cabinet had the right to review the fate of the house.
What is the Government's position on 38 Oxley Road?
The Government has publicly stated that nothing will be done to the house till Dr Lee Wei Ling ceases to live there. However, in preparation for the future, the Government has the responsibility to consider the public interest aspects of any property with heritage and historical significance, and this applies to 38 Oxley Road. A Ministerial Committee has been set up to list the options available, to guide a future government on this issue. (See below for details on the Ministerial Committee)
What is Mr Lee Hsien Loong’s involvement in matters relating to 38 Oxley Road?
As a son, he would like to see his parents’ wishes carried out, as he stated in Parliament on 13 April 2015. However, as Prime Minister, he would have to consider the wider public interest on 38 Oxley Road given its historical significance.
Therefore, Mr Lee Hsien Loong has recused himself from all government discussions pertaining to 38 Oxley Road. He did not take part in the decision to set up the Ministerial Committee. He has not had any dealings with the Committee, other than formal correspondence responding to the Committee’s requests. He has not given any instructions to the Ministerial Committee or its members.
Mr Lee Hsien Loong no longer has any financial interest in 38 Oxley Road. He has sold the house to Mr Lee Hsien Yang at fair market value. Both donated half the value of the house to charity. In addition, Mr Lee Hsien Loong topped up another half, such that he gave away the full value of the house he had inherited.
Why did Mr Lee Hsien Loong not challenge the Will when it was read?
Mr Lee Hsien Loong did not want a family disagreement to become public by challenging the matter in court. He felt it would further besmirch his parents’ name. It would also drag out the process for years, and cause more distraction and distress for Singaporeans.
Why will this matter be debated in Parliament? Is it not a private matter?
PM has brought this matter to Parliament because Mr Lee Hsien Yang and Dr Lee Wei Ling have made serious allegations of abuse of power against PM and his Government. The allegations are entirely baseless but they have already damaged Singapore’s reputation. Unrebutted, they can affect Singaporeans’ confidence in the Government. Parliament may not be a court of law, but it is the highest body in the land. It is also where the Government and PM are accountable to MPs and to the people of Singapore. PM has therefore made a Statement to account to Singaporeans and to deal with the issue expeditiously.
STATUTORY DECLARATION
What is a Statutory Declaration? Why is it important?
A Statutory Declaration is a sworn statement and if proved to be untrue, the maker can go to jail for perjury.
What are the issues with Mr Lee Kuan Yew’s Last Will?
1. Who drafted the Last Will?
2. Who gave instructions to reinsert the Demolition Clause that was removed from the 5th and 6th Will?
3. Was Mr Lee Kuan Yew highlighted to the fact that the Demolition Clause was reinserted into the Last Will?
4. Was Mr Lee Kuan Yew provided enough time to read through and absorb the content of the Last Will?
5. Why was the Last Will drafted so hastily?
Details can be found in these articles
indranee-rajah-4-financial-things-you-should-know-about-the-oxley-dispute
indranee-rajah-4-further-things-you-should-know-about-the-oxley-dispute
indranee-rajah-4-things-you-should-know-about-the-oxley-dispute
Didn’t Mr Lee Hsien Yang say that the Last Will was drafted by Mrs Kwa Kim Li?
Mrs Kwa Kim Li issued a public statement to say she did not draft the Last Will.
MINISTERIAL COMMITTEE
What is a Ministerial Committee?
When Cabinet looks into an issue, it sometimes forms a Committee of several Ministers in the relevant ministries. This ensures that important issues are given in-depth attention. It is also how we ensure that the Government does not operate in silos, and that national interest always prevails.
They are part of normal Cabinet working process. There are Ministerial Committees on a wide range of issues. For example, since 2014 there has been a Ministerial Committee on Changi East Developments.
What is the role of a Ministerial Committee in 38 Oxley Road?
The Committee was set up to study and set out the range of possible options for 38 Oxley Road and present them to Cabinet. The Government has the responsibility to consider the public interest aspects of any property with heritage and historical significance, and this applies to 38 Oxley Road.
However, the Government has stated that nothing will be done to the house while Dr Lee Wei Ling lives in it. Government will not make any decision, until Dr Lee Wei Ling leaves and that could be 20,30 years.
The list of options that the Ministerial Committee puts forth will only serve as a guide for a future government who has to make a decision on 38 Oxley Road.
Why can’t the Ministerial Committee simply demolish the house if it is in the late Mr Lee Kuan Yew’s will?
Mr Lee Kuan Yew wanted LWL to stay there. Government has said that it will respect those wishes. Thus the government cannot demolish the house now. When she leaves, government will have to consider what to do with the House.
Why was the Ministerial Committee “secret”?
There is nothing unusual about how this Ministerial Committee undertook its work. The work of such Committees are not generally publicised. They are part of the normal process by which the Government functions – to form a Committee of Ministers, to study a particular issue in detail, and then report back to Cabinet. Like Cabinet discussions, the works of these sub-committees are similarly kept confidential.
What is Mr Lee Hsien Loong’s role in this Ministerial Committee?
He has recused himself from all government discussions pertaining to 38 Oxley Road.
He did not take part in the decision to set up the Ministerial Committee. He has not had any dealings with the Committee, other than formal correspondence responding to the Committee’s requests. He has not given any instructions to the Ministerial Committee or its members.
DEED OF GIFT
Did Mr Lee Hsien Loong obtain the Deed of Gift in his official or private capacity?
The Prime Minister was given the deed in his official capacity. In June 2015, Minister Lawrence Wong updated PM on a major SG50 exhibition. Minister Wong told PM that the exhibition included artefacts from Oxley Road and described the conditions attached to the gift. As Prime Minister, it is normal for him to be kept informed on matters such as these, especially as this was a major public exhibition on Singapore’s founding leaders. Minister Lawrence Wong subsequently gave the Prime Minister the deed, which he had not seen before. As Prime Minister, PM had every right to see it. However, even in his personal capacity, Mr Lee Hsien Loong was a beneficiary of the late Mr Lee Kuan Yew’s estate, and he was entitled to see the Deed and to be consulted for his consent.
ABOUT 38 OXLEY ROAD
Does 38 Oxley Road hold any ‘architectural, historical, traditional or aesthetic interest?
Two Members from the Singapore Heritage Society wrote into the Straits Times on 24 April 2015. They shared that
“The house is over a hundred years old and, architecturally speaking, is a rare and unique type of bungalow…No. 38 is the only type of its kind left along Oxley Road.
Furthermore...there have been very little, if any, renovations or alternations made to 38 Oxley Road, thus leaving it largely in its original state.”
In addition, 38 Oxley Road is intertwined with the history of Singapore. It is the site where the nation’s founding fathers first came together and set Singapore on the path to its future destiny. It is where important and historical decisions were made that led to internal self-government, merger and eventually independence. It is also where the People’s Action Party was formed.
What could happen to 38 Oxley Road?
There are 4 possibilities:-
1. Demolition – requires planning permission from URA under the Planning Act, and a permit from BCA under the Building Control Act.
2. Preservation – designated as a national monument via a preservation order under the Preservation of Monument Act.
3. Conservation – Less restrictive than preservation, under the Planning Act. The land cannot be redeveloped for other uses but the building on it can be rebuilt.
4. Compulsory Acquisition – Owner compensated under the Land Acquisition Act at market value at the time of acquisition
What has Mr Lee Kuan Yew expressed about the rules and regulations? For example, many heritage and conservation buildings in Singapore have had the above applied to them?
Mr Lee Kuan Yew clearly recognised and accepted the possibility of a future Government deciding to preserve / conserve the property. He even stated in his Will that: “If our children are unable to demolish the House as a result of any changes to the law, rules and regulations binding them, it is my wish that the House never be opened to others except my children, their families and descendants.”
He also said in a letter to Cabinet (2011):
"Cabinet members were unanimous that 38 Oxley Road should not be demolished as I wanted. I have reflected on this and decided that if 38 Oxley Road is to be preserved, it needs to have its foundations reinforced and the whole building refurbished. It must then be let out for people to live in. An empty building will soon decline and decay."
What is the property worth?
38 Oxley Road is a freehold site with a land area of 12,060 sqft, and currently zoned for a 2-storey landed property. Media articles (such as TODAY 16 June 2017) cite the current estimated market value to be $24 million (around $1,990 psf).
