The detention of nine Singapore Armed Forces Terrex Infantry Carrier Vehicles (ICVs) in Hong Kong is not in compliance with Hong Kong or international law. They are State property protected by sovereign immunity and should be returned to Singapore without delay.
In a speech to Parliament on Monday responding to questions from Members of Parliament (MPs) on the Terrex incident, Minister for Defence Ng Eng Hen firmly spelt out the above Singapore government's formal position that has been communicated to Hong Kong government.
"This (sovereign immunity) means that they are immune from any measures of constraint abroad. They cannot legally be detained or confiscated by other countries. This principle is well established under international law, and we are advised by lawyers that it is also the law in the Hong Kong Special Administrative Region (SAR)."
Ng also said that Prime Minister Lee Hsien Loong has also written to Hong Kong Chief Executive Leung Chun-ying to reiterate the same message.
"The Hong Kong authorities have responded that the investigation is ongoing and will take some time to complete, and that the Hong Kong Government will handle the matter in accordance with their laws.Singapore welcomes this response."
The nine ICVs were seized on Nov 23, 2016 by Hong Kong Customs and Excise Department while en route back from routine overseas training. They were shipped back via commercial means as with previous exercises and were seized during what was described as a “routine inspection”.
The move has been widely perceived as China signaling its displeasure with Singapore’s position on the South China Sea issue and SAF's training in Taiwan.
Media reports based on Hong Kong Customs sources had revealed that officials were acting on a tip-off from mainland security agents in Xiamen, where the shipment from Taiwan had made a stop prior to Hong Kong. It was originally scheduled to arrive in Singapore on Nov. 29, 2016.
According to the last update provided by the Ministry of Defence on Dec. 6, 2106, no formal reasons have been given so far for the detention of the ICVs, despite three meetings between APL -- the commercial shipping line contracted to transport the ICVs -- and the Hong Kong Customs and Excise Department.
With Ng articulating Singapore's position openly, the ball is now back in Hong Kong's court as both sides seek to resolve this thorny issue smoothly and expeditiously.
As Ng pointed out, adherence to the rule of law has been the fundamental basis for peace and stability in the last half century in Asia, enabling countries both large and small to build trust and confidence in one another, cooperate and prosper together.
"Singapore and Hong Kong have long enjoyed good and friendly relations. We hope the matter will be resolved satisfactorily and our friendly relations will endure."
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Top photo from Ng Eng Hen Facebook.
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