BILLIONAIRE and property tycoon Ong Beng Seng was on Friday (Oct 4) handed one charge of abetting the obstruction of justice, and one charge of abetting offences under Section 165 of the Penal Code, both in relation to dealings with former transport minister S Iswaran.
This came a day after Iswaran, 62, was sentenced to 12 months’ jail, having pleaded guilty to four charges under Section 165 and one for obstruction of justice.
Section 165 prohibits public servants from accepting valuable items for free or inadequate payment from someone connected to business transactions or proceedings they handle.
But no charges will be tendered against David Lum, managing director of mainboard-listed construction company Lum Chang, with whom Iswaran also had dealings.
In response to queries from the media, the Attorney-General’s Chambers (AGC) said: “In arriving at the decision, the prosecution considered all the relevant facts and circumstances of the case, including the role that Lum played in each of the transactions.”
On Friday, Ong appeared in court dressed in a blue shirt. He did not speak to reporters who approached him.
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No plea was taken from him. His lawyer, Aaron Lee from Allen & Gledhill, told the court that he needed time to take instructions from his client; Lee asked for a six-week adjournment and for the case to move to the pre-trial conference stage.
The prosecution, led by deputy chief prosecutor Christopher Ong, had no objections to that. The case has been adjourned to pre-trial conference at 9 am on Nov 15.
The charges against Ong correspond to two of the charges to which Iswaran pleaded guilty. The first, for abetting an offence under Section 165, related to flights and a hotel stay.
Ong allegedly offered Iswaran a trip to Doha in December 2022, and arranged for his private jet to fly the minister there. The flight was worth US$7,700.
Ong also allegedly made arrangements through Singapore GP for a one-night stay at Four Seasons Hotel Doha, valued at S$4,737.63, and offered Iswaran a business-class flight from Doha to Singapore worth S$5,700.
The second charge was for allegedly instructing Singapore GP director Mok Chee Liang, in May 2023, to bill Iswaran for the business-class ticket from Doha to Singapore – action that would have obstructed the course of justice.
Those found guilty of offences under Section 165 can be jailed for up to two years, fined or both. The maximum penalty for obstructing the course of justice is jail time of up to seven years, a fine or both.
Abetting an offence would result in the same punishment if the offence is committed as a consequence of the abetment.
The AGC said the prosecution would not tender charges against Ong for his involvement in the other charges Iswaran faced.
Tickets, flights and a hotel stay
Ong, the 78-year-old managing director of Hotel Properties Limited (HPL), is known for being among the individuals credited with bringing the Formula 1 (F1) night race to Singapore in 2008. He owns the rights to the Singapore Grand Prix.
Iswaran was previously chairman of the F1 steering committee and the chief negotiator with Singapore GP on business matters relating to F1.
Of the Section 165 charges on which he was convicted, two involved gifts from Ong. One charge was for obtaining 10 green room tickets to the 2017 Singapore F1 Grand Prix, with a value of S$42,265.
The other was for accepting the flight on Ong’s private jet, the stay at the Four Seasons Doha and the business class flight, with a total value of S$20,848.03.
The obstruction of justice charge pertained to the repayment of S$5,700 that Iswaran made to Singapore GP for the business-class flight.
In Iswaran’s sentencing hearing on Thursday, Justice Vincent Hoong said the former minister had acted with deliberation in asking Singapore GP to bill him and making payment for the flight, knowing that this would make an investigation less likely.
On Friday evening, HPL said in a regulatory filing that Ong remains as managing director, after the nominating committee had assessed and determined that he “continues to be suitable to carry out his duties and responsibilities” in that role.
Ong is currently out on S$800,000 bail.
A spokesperson for Ong said that he is “seeking legal advice on the charges”.
Iswaran’s case
Iswaran’s two remaining charges were for dealings with Lum, from whom he obtained 14 bottles of whisky and wine worth S$3,255.75 and a Brompton bicycle valued at S$7,907.50.
Another 30 charges under Section 165 were taken into consideration for sentencing.
The 12-month sentence Iswaran received was higher than what both the defence and prosecution had sought. The prosecution had previously made a case for six to seven months’ jail, and Iswaran’s lawyer Senior Counsel Davinder Singh had asked for eight weeks.
On Thursday, Justice Hoong said adopting either parties’ proposals would result in a “manifestly inadequate” sentence.
Iswaran is due to surrender himself at the State Courts on Oct 7. He has 14 days from Thursday’s sentencing to appeal against his sentence.