Roy Ngerng

Roy Ngerng Yi Ling
Native name 鄞义林[1]
Born (1981-05-09) 9 May 1981
Occupation Politician[2]
Sociopolitical blogger[2]
Social activist
Website thehearttruths.com

Roy Ngerng Yi Ling[1] (Chinese: 鄞义林; pinyin: Yín Yìlín, born May 9, 1981) is a Singaporean activist and blogger.

Ngerng started his sociopolitical blog, The Heart Truths, in 2012.[1][3] He was found guilty in October 2014 of defaming Lee Hsien Loong, the Prime Minister of Singapore in a blog post.[2] Ngerng is also noted for his protests at Hong Lim Park campaigning against Singapore's Central Provident Fund. As a result of the events surrounding him, Ngerng was ranked by Yahoo Singapore as the top Singapore newsmaker of 2014.[4]

Early life

Ngerng's father is a chai tow kway seller while his mother is a retired factory worker.[5] Ngerng lives with them and his younger sister in a four-room Housing Development Board flat in Sembawang.[5] Ngerng also has an elder sister. Before 2000, the Ngerng family lived in a two-room flat near the now-defunct Hong Dao Primary School, which Ngerng had attended.[5] Ngerng's family were unaware of his blogging activities until the events of May 2014.[3]

Ngerng states that his interest in people and their interactions started in primary school when he witnessed instances of racism.[5] At the age of 15, Ngerng revealed his homosexuality to friends, but described facing resultant discrimination.[5] He went on to study in Serangoon Junior College, where he took art as an A-level subject and won an award for topping his level in geography and art in his first year.[5] Ngerng majored in sociology in the National University of Singapore, where he participated in its community service club helping autistic or hyperactive children and people with mental disorders.[5]

Career (2011-Present)

After graduation, Ngerng worked for six months with Autism Partnership, an organisation working with families with autistic children.[5] Ngerng then joined the Health Promotion Board’s Communicable Diseases department for six years, working on campaigns and presenting at international conferences, and winning an Employee of the Year award for innovation in 2011.[5] In 2012, he joined Tan Tock Seng Hospital (TTSH) as a contract patient coordinator, where he fronted a campaign to promoting the understanding of the lives of HIV-infected people.[5]

On 10 June 2014, Ngerng was sacked from his job at Tan Tock Seng Hospital for "conduct incompatible with the values and standards expected of employees" and for misusing resources for personal pursuits.[6] Ngerng described the sacking as "politically motivated".[7] NGO Maruah expressed concern on the manner of punishment and the reasons for doing so.[8] In the same month of June, a 71-year-old man, Loh Thiam Hock, was jailed for four weeks for vandalising public property in support of Ngerng,[9]

Political career

In August 2015, Ngerng became part of the The Reform Party six-member team contesting Ang Mo Kio Group Representation Constituency in the 2015 general election.

The People's Action Party team headed by Prime Minister Lee Hsien Loong[10] defeated the Reform Party 135,115 to 36,711 (78.63% to 21.37%) in the election.[11]

Personal life

Homosexuality

Ngerng is gay, as stated in his personal blog, My Right To Love, in 2011.[3] He has written on topics related to the LGBT community, such as relationship woes and AIDS.[3]

Controversies

Defamation Lawsuit: Lee Hsien Loong v Roy Ngerng (2015)

On 15 May 2014, Ngerng made a post entitled "Where Your CPF Money Is Going: Learning From The City Harvest Trial" on his blog the Heart Truths.[12] Within the post, Ngerng created a chart which mapped the relationships between the Prime Minister of Singapore, Lee Hsien Loong, the Central Provident Fund (CPF), the Monetary Authority of Singapore (MAS), Temasek Holdings and the Government of Singapore Investment Corporation (GIC).[12] Ngerng claimed there was an "uncanny resemblance" between this chart and another chart by news agency Channel News Asia regarding the relationship among City Harvest Church leaders, who were being charged with misappropriating funds.[12]

The CPF has been described as "a forced savings scheme" for Singaporeans with "monthly contributions into the fund" to be saved for retirement, or for expenses on "property, healthcare, and their children's education", while the GIC has been described to have "indirectly invested" funds from the CPF.[13]

On 18 May, Prime Minister (PM) Lee responded through his lawyer Davinder Singh, who stated that the blog post alleged that Lee "is guilty of criminal misappropriation of the monies paid by Singaporeans to the CPF" and that the allegations were "false and baseless".[14] It was demanded that Ngerng issue an apology and take down the blog post within three days, as well as pay damages and legal fees, failing which Ngerng could be sued for defamation.[3][15]

On 19 May, Ngerng took down the offending blog post. He had yet to apologize and said that the offending article was a call for greater transparency on the CPF, the GIC and Temasek Holdings.[16] Meanwhile, he posted another blog post entitled "Your CPF: The Complete Truth And Nothing But The Truth".[16] Around this time, Singapore human rights non-governmental organization Maruah called for PM Lee to rebut the points made in Ngerng's blog post.[17]

After an extension for the deadline for Ngerng's written response was granted,[18] Ngerng apologized "unreservedly" on 23 May, admitting that his allegation was "false and completely without foundation".[19] Ngerng also asked that he not pay for damages and legal fees, while requesting an "open dialogue" with PM Lee on the CPF.[19] Ngerng's appeal to drop damages and costs was rejected.[20]

On 26 May, Singh sent a letter to Ngerng, saying that four further blog posts by Ngerng and a 24 May YouTube video showed that Ngerng's apology was not "genuine".[21] If Ngerng did not take down this material, aggravated damages would be claimed.[21] Ngerng agreed to remove the additional posts and video.[21]

On 27 May, Ngerng offered S$5,000 in damages "with each party to bear their own costs",[22] which was rejected by Singh as "derisory".[23] Meanwhile, Singh said that Ngerng had once again "misled" PM Lee and the public by not removing his YouTube video as agreed upon, rather, Singh claimed that the video was merely made private, and alleged Ngerng had sent two emails with links to the posts and video to "a far wider audience" including local and international media.[22] In response, Ngerng's lawyer, M Ravi, claimed no knowledge of the emails.[23]

On 29 May 2014, Prime Minister Lee filed a defamation lawsuit against Ngerng.[24] In response, Ngerng made an online plea for help in settling his legal fees through crowdfunding, leaving instructions on how to transfer money to his bank account.[25] Within a week, Ngerng said that he had raised more than his targeted S$70,000.[26] It was later reported that Ngerng had managed to raise more than S$110,000 from over a thousand contributions.[5] While PM Lee did not address the case directly, he wrote on Facebook that "freedom of speech does not come free from the need to be responsible for what one says, either online or offline".[7] Singaporean author Catherine Lim has criticized the lawsuit against Ngerng.[27][28]

On 17 June, Ngerng's defense was filed in court by his lawyer, M Ravi, who stated that Ngerng had never intended to accuse Mr Lee of criminal misappropriation of CPF funds.[29] In July 2014, PM Lee applied for summary judgment for the case.[30] In a 4 August affidavit, Ngerng argued that his blog post had been misunderstood, and that he was merely asking for more transparency and accountability for CPF monies.[31] Also in August, it was reported that Ngerng was working part-time at his father's carrot cake stall.[31] At a 19 September closed hearing, PM Lee's lawyers asserted that Ngerng had "no defence" and asked for an injunction, while Ngerng's lawyer argued that the blog post was not defamatory if read in its entirety.[32]

On 7 November 2014, the High Court of Singapore found Ngerng guilty of defamation with damages to be assessed, which was the first such ruling in Singapore over a purely online article.[2] Judge Lee Seiu Kin ruled that there was "no triable defence" and "no doubt that it is defamatory to suggest that the plaintiff is guilty of criminal misappropriation".[2] An injunction against Ngerng was granted, barring him from publishing future similar accusations regarding PM Lee and the CPF.[33] Ngerng expressed disappointment at the verdict, but maintained that he would "still continue to speak up on the CPF and other issues that concern Singaporeans".[2]

On 12 January 2015, the High Court ordered Ngerng to pay PM Lee $29,000 for costs of legal fees and related expenses; with damages yet to be settled.[34] After missing the payment deadline twice, Ngerng paid on 6 February after a public spat with his lawyer, Ravi.[35]

On 12 June 2015, Ngerng's application to be represented by Queen's Counsel in the damages hearing scheduled for 1 to 3 July 2015 was denied by the High Court of Singapore and he was ordered to pay costs of $6,000 to The Prime Minister's lawyers, Drew & Napier.[36]

The damages hearing proceeded as scheduled from 1 to 3 July 2015 with Ngerng representing himself and PM Lee using the services of Senior Counsel Davinder Singh of Drew & Napier. Citing a lack of funds, Ngerng represented himself after dismissing his third lawyer in this case - George Hwang of George Hwang LLC. Ngerng stated that Hwang had been "excellent".[37] Ngerng's first lawyer in the case, M Ravi, was suspended by the Law Society of Singapore for mental health reasons [38]

The hearing prompted much comment from international press freedom advocacy groups and a legal opinion in favour of minimal damages against defendant from the International Commission of Jurists: "It is humbly submitted that a decision awarding a disproportionately high amount of damages to the plaintiff in this case would cast a chilling effect on freedom of expression in Singapore".[39] Presiding Chief Justice Lee Seiu Kin requested both parties to make written submissions on their respective cases by 31 August 2015. No date was given for his decision.[40]

On 17 December 2015 the court led by Lee Seiu Kin handed down a judgement ordering Ngerng to pay S$100,000 in general damages and S$50,000 in aggravated damages. Ngerng proposed to pay the S$150,000 in instalments which was granted by the Prime Minister on the condition that Ngerng paid the S$30,000 in hearing costs immediately i.e. by 16 March 2016. Ngerng is expected to repay $100 a month from 1 April 2016 onwards over five years until 1 April 2021 when instalments are increased to S$1,000 until the full sum has been paid by the year 2033.[41] Prime Minister also rejected Ngerng's request to reimburse part of the damages i.e. S$36,000.[42]

Failed NMP application

On 21 May 2014, Ngerng applied to be a Nominated Member of Parliament (NMP), with the proposal being submitted by fellow blogger Han Hui Hui.[17] Ngerng was ultimately not selected as an NMP in August 2014.[43]

Amos Yee

Main article: Amos Yee

After Amos Yee was introduced to Ngerng's blog by Singapore Democratic Party members, Yee was convinced by Ngerng's arguments. This was one of the inspiring factors behind Yee publishing a controversial video in 2015 criticizing the late former Prime Minister Lee Kuan Yew and Christianity. Yee said that he used evidence from Ngerng's blog posts in the 2015 video.[44][45]

Hong Lim Park protests

Ngerng was a speaker at the Return Our CPF protest organised by blogger Han Hui Hui at Hong Lim Park on 7 June; in his speech, he demanded transparency and accountability for CPF monies.[46][47] Organizers claimed a turnout of 6,000,[46] while international news agencies reported about 2,000.[48][49] Ngerng also spoke at the second (which drew "hundreds") and third Return Our CPF protests at the same venue on 12 July and 23 August.[50][51]

A controversial incident occurred on 27 September 2014 when another Return Our CPF protest, again organized by Han Hui Hui,[52] took place at Hong Lim Park at the same time as the YMCA Proms @ the Park event, a charity carnival attended by the elderly and disabled, featuring performances by children.[53] Agence France-Presse described Ngerng and Han as having "led a march ... despite having only a permit to stage a rally at a fixed spot".[54] The Straits Times described that Han had led the protesting group in "marching around the park" together with Ngerng, with the group "heckling special needs children and confronting" Minister of State Trade and Industry Teo Ser Luck, who attended the YMCA event.[55] A few days later, Teo confirmed that Ngerng had issued an apology for the disruption; Teo himself apologized due to his "presence" causing the protesters to "go after" him.[56]

In a joint statement, the National Parks Board (NParks) and the Singapore Police Force (SPF) said that "each event was allocated a lawn" and that Han did not heed their advice "to speak at the allocated space".[52] They described that "Han's group encroached into the YMCA event area, holding placards and shouting slogans, disrupted performances and frightened participants, including special needs children who were performing at the charity event".[52] NParks and SPF also said that final approval to hold the event was given to YMCA on 9 September, while Han's application for the protest was received and approved on 22 September.[53] The YMCA stated that NParks on 11 April 2014 had acknowledged their intent to hold the carnival.[57]

On 27 October 2014, in relation to the YMCA event disruption, Ngerng, Han, and four others were charged for public nuisance, which can incur a maximum fine of $1,000; Ngerng and Han were also charged for organising a demonstration without approval, which can incur a maximum fine of $5,000.[58] In October 2015, Ngerng plead guilty to charges of public nuisance and organising a demonstration without approval. His lawyer said he committed the offence because of ignorance. Ngerng was fined $1900.[59]

References

  1. 1 2 3 Roy Ngerng. "I Have Just Been Sued by the Singapore Prime Minister Lee Hsien Loong". The Heart Truths. Archived from the original on 18 October 2014. Retrieved 9 June 2014.
  2. 1 2 3 4 5 6 "Singapore PM wins defamation suit against activist". Agence France Presse. Retrieved 8 November 2014.
  3. 1 2 3 4 5 "Blog started with aim 'to call for change'". The Straits Times. Retrieved 13 June 2014.
  4. ↑ "Roy Ngerng, Jover Chew: Top S'pore newsmakers in 2014". AsiaOne. Retrieved 29 December 2014.
  5. 1 2 3 4 5 6 7 8 9 10 11 Jeanette Tan. "Beyond the blogger: Who is Roy Ngerng?". Yahoo Newsroom. Retrieved 8 November 2014.
  6. ↑ "Tan Tock Seng Hospital dismisses blogger Roy Ngerng". Today. Retrieved 10 June 2014.
  7. 1 2 "Singapore blogger crowdfunds legal defence against PM". Al Jazeera. Retrieved 11 November 2014.
  8. ↑ Maryam Mokhtar. "Maruah raises questions over blogger's dismissal from hospital". The Straits Times. Retrieved 8 October 2014.
  9. ↑ Amanda Lee. "Four weeks’ jail for senior who defaced bus stops over CPF". Today. Retrieved 8 November 2014.
  10. ↑ "M Ravi, Roy Ngerng, Gilbert Goh on RP's 6-man team for Ang Mo Kio GRC". Channel NewsAsia. 28 August 2015. Retrieved 28 August 2015.
  11. ↑ "2015 Parliamentary Results". Retrieved 14 September 2015.
  12. 1 2 3 Jalelah Abu Baker. "Blogger accused of defaming PM Lee". MyPaper. Retrieved 8 November 2014.
  13. ↑ Han, Kirsten. "Southeast Asian leaders flounder in the face of online criticism". Al Jazeera. Retrieved 11 November 2014.
  14. ↑ "Blogger Roy Ngerng asked to remove defamatory post about PM Lee". Agence France Presse. Retrieved 8 November 2014.
  15. ↑ Neo Chai Chin. "PM Lee demands blogger remove post or face legal action". Today. Retrieved 8 November 2014.
  16. 1 2 Tham Yuen-c. "Blogger accused of defaming PM Lee takes down blog post". The Straits Times. Retrieved 8 November 2014.
  17. 1 2 "Blogger Roy Ngerng submits NMP application". Channel News Asia. Retrieved 13 June 2014.
  18. ↑ "PM Lee extends deadline to blogger over letter of demand". AsiaOne. Retrieved 8 November 2014.
  19. 1 2 Teo Xuanwei. "Blogger Roy Ngerng apologises to PM Lee". Today. Retrieved 8 November 2014.
  20. ↑ Robin Chan. "Roy Ngerng has 'no answer' after PM Lee rejects appeal to drop damages". The Straits Times. Retrieved 8 November 2014.
  21. 1 2 3 Nur Asyiqin Mohamad Salleh. "Roy Ngerng agrees to remove blog posts, asks to extend damages deadline". The Straits Times. Retrieved 8 November 2014.
  22. 1 2 "Blogger Roy Ngerng misled PM Lee, public a second time: Davinder Singh". The Straits Times. Retrieved 8 November 2014.
  23. 1 2 "Blogger’s S$5,000 offer for damages ‘derisory’: PM Lee’s lawyers". Today. Retrieved 8 November 2014.
  24. ↑ Nur Asyiqin Mohamad Salleh. "PM Lee commences suit against blogger Roy Ngerng". The Straits Times. Retrieved 8 November 2014.
  25. ↑ Nur Asyiqin Mohammed Salleh. "Blogger Roy Ngerng sued by PM raises $81,000". The Straits Times. Retrieved 11 November 2014.
  26. ↑ Chanjaroen, Chanyaporn; Tan, Andrea. "Singapore Blogger Tops Funding Goal to Defend Against Lee's Suit". Bloomberg News. Retrieved 9 June 2014.
  27. ↑ "Singapore author Catherine Lim pens open letter to PM Lee". Yahoo Newsroom. Retrieved 13 June 2014.
  28. ↑ "Singaporeans 'no longer trust their government': Writer Catherine Lim criticises PM in open letter". South China Morning Post. Retrieved 13 June 2014.
  29. ↑ Nur Asyiqin Mohammed Salleh. "Blogger Roy Ngerng says in his defence that PM's claim for damages is unwarranted". The Straits Times. Retrieved 10 November 2014.
  30. ↑ "Singapore Prime Minister Seeks Summary Judgment Against Blogger". NDTV. Retrieved 10 November 2014.
  31. 1 2 Tham Yuen-c. "PM Lee responds to blogger's affidavit". The Straits Times. Retrieved 11 November 2014.
  32. ↑ Ng, Kelly. "High Court reserves judgment on PM Lee’s application in defamation suit". Today. Retrieved 11 November 2014.
  33. ↑ "Roy Ngerng found to have defamed PM Lee". Today. 7 November 2014. Retrieved 13 November 2014.
  34. ↑ "Roy Ngerng ordered to pay PM Lee $29,000; PM reiterates readiness to be cross-examined". AsiaOne. 12 Jan 2015. Retrieved 13 January 2015.
  35. ↑ Tham Yuen-c. "Blogger pays PM suit costs after stand-off with lawyer". The Straits Times. Retrieved 11 February 2015.
  36. ↑ "Roy Ngerng's application for a Queen's Counsel dismissed by High Court". Today. 12 June 2015. Retrieved 27 June 2015.
  37. ↑ http://www.theonlinecitizen.com/2015/07/pm-lee-to-roy-ngerng-we-are-not-here-to-play-games/
  38. ↑ http://www.straitstimes.com/singapore/courts-crime/law-society-issues-statement-explaining-lawyer-m-ravis-suspension.
  39. ↑ http://icj.wpengine.netdna-cdn.com/wp-content/uploads/2015/07/Singapore-RoyNgerng-Advocacy-LegalOpinion-2015-ENG-.pdf
  40. ↑ "Roy Ngerng not repentant despite apologies to PM Lee Hsien Loong, says Senior Counsel Davinder Singh". Straits Times (Singapore newspaper). 3 July 2015. Retrieved 6 July 2015.
  41. ↑ Lee, Min Kok. "Blogger Roy Ngerng to pay $150,000 in damages to PM Lee in instalments". Retrieved 16 March 2016.
  42. ↑ "PM Lee rejects blogger Roy Ngerng's request to pay part of damages". 14 Mar 2016. Retrieved 16 March 2016.
  43. ↑ "9 new Nominated Members of Parliament announced". Channel News Asia. Retrieved 8 November 2014.
  44. ↑ Sim, Fann. "Blogger Amos Yee pleads not guilty to both charges". Channel News Asia. Retrieved 9 May 2015.
  45. ↑ Hussain, Amir; Ho, Olivia. "Yee pleads not guilty, declines to take stand". The Straits Times. Retrieved 9 May 2015.
  46. 1 2 "Thousands turn up for CPF protest". The New Paper. Retrieved 10 November 2014.
  47. ↑ Nurul Azliah Aripin. "Organisers claim #ReturnOurCPF protest drew 6K despite initial drizzle, blazing sun". Yahoo Newsroom. Retrieved 10 November 2014.
  48. ↑ "Protesters Assail Singapore Pension System". Wall Street Journal. Retrieved 29 October 2014.
  49. ↑ Rachel Armstrong. "Pension fears prompt rare protest in tightly regimented Singapore". Reuters. Retrieved 10 November 2014.
  50. ↑ Yong, Charissa. "Hundreds attend CPF protest". The Straits Times. Retrieved 13 November 2014.
  51. ↑ Roy Ngerng. "My Speech at #ReturnOurCPF 3 Protest on 23 August 2014: Time to Let the PAP Go". The Heart Truths. Archived from the original on 18 October 2014. Retrieved 13 November 2014.
  52. 1 2 3 "Special needs children heckled by CPF protestors at Hong Lim Park". AsiaOne. Retrieved 28 September 2014.
  53. 1 2 Mokhtar, Faris. "Protesters disrupt performances at YMCA carnival". Channel News Asia. Retrieved 16 November 2014.
  54. ↑ "Singapore activists charged over park protest". Agence France-Presse. Retrieved 5 December 2014.
  55. ↑ Sim, Walter. "Special needs children heckled as Hong Lim Park rallygoers disrupt charity carnival". The Straits Times. Retrieved 16 November 2014.
  56. ↑ "Roy Ngerng issues apology over carnival disruption: Teo Ser Luck". AsiaOne. Retrieved 16 November 2014.
  57. ↑ "Final approval for Hong Lim Park event given on Sept 9: YMCA". Today. Retrieved 16 November 2014.
  58. ↑ "Roy Ngerng, Han Hui Hui and four others charged with public nuisance". AsiaOne. 27 October 2014. Retrieved 27 October 2014.
  59. ↑ Vanessa Paige Chelvan (7 October 2015). "Roy Ngerng pleads guilty to disrupting YMCA event, fined S$1,900". Channel News Asia. Retrieved 16 October 2015.
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