Indranee Rajah: Demolition of 38 Oxley Road house was not only option LKY contemplated

Another officer holder has spoken.

Henedick Chng | June 23, 2017, 07:47 PM

Another day, more posts, and the 38 Oxley Road saga just shows no signs of stopping.

More government office holders have now waded into the Lee siblings' public spat over the fate of the late Lee Kuan Yew's house.

So far, DPMs Teo Chee Hean and Tharman Shanmugaratnam, and Minister K Shanmugam have commented on the feud.

Now, Senior Minister of State for Finance and Law Indranee Rajah has given her take on the feud over the fate of the Oxley Road house in a Facebook post that listed down four points.

1. Demolition of the Oxley Road house is only one part of the clause in LKY's final will

Indranee, who is also a senior counsel, pointed out that demolition was not the only option contemplated by LKY in his final will. She says that there are two parts to the clause LKY's will:

- The first expressed LKY and his wife's wish for the house to demolished.

- In the second part, however, LKY accepted that the house may not necessarily be demolished for other reasons.

Unfortunately, however, Indranee said that much of the public discussion had ignored the second part of the clause, and assumed that LKY only wanted the house to be demolished.

To refresh your memory on the will's clause, here it is again:

"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 laws, rules or regulations binding them, it is my wish that the House never be opened to others except my children, their families and descendants.

My view on this has been made public before and remains unchanged. My statement of wishes in this paragraph 7 may be publicly disclosed notwithstanding that the rest of my Will is private."

2. She explained why the Government had to be involved in the issue

Indranee said that the house was of important historical significance to Singapore, such as the formation of the PAP, and the critical decisions and strategies were made at the house, such as those that led to Singapore's internal self-government, merger with Malaysia, and independence.

We have previously covered the historical significance of the house and its basement here.

3. She clarified PM's involvement in government deliberations on 38 Oxley Road

Very simply, she said that PM had taken himself out of the equation, had recused himself from decisions on the issue, and was not involved in government deliberations.

4. She pointed out that 38 Oxley Road cannot not be demolished for now.

Since Lee Wei Ling is still residing in the house, Indranee said that the government will not need do anything for now, and a definite decision on the house's fate will not to be taken yet.

Read her Facebook post in full below:

4 Things You Should Know about the Oxley Dispute

As Singaporeans we are all saddened by the Oxley dispute. I am particularly saddened because I looked after MM’s constituency in his final years and got to see at close quarters what a great man he was. I know how much this would have grieved MM and Mrs Lee.

People have expressed confusion about the things which have been said. Many are trying to make sense of it all.

The key to understanding this matter is first to get a handle on the issues and some important facts.

Here are 4 things you should know about the Oxley dispute.

1. What does the 7th Will actually say?

Serious questions have been raised as to how Mr Lee Kuan Yew's 7th Will was prepared.

However, leaving those aside for the moment, and taking the 7th Will at face value, what does it actually say about 38 Oxley Road?

The relevant part is in paragraph 7 of the Will. It was read out by the Prime Minister in Parliament on 13 April 2015, and this is what it says:

"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 laws, rules or regulations binding them, it is my wish that the House never be opened to others except my children, their families and descendants.

My view on this has been made public before and remains unchanged. My statement of wishes in this paragraph 7 may be publicly disclosed notwithstanding that the rest of my Will is private."

Therefore, even based on the 7th Will, several things are immediately clear:

- Demolition was not the only option contemplated by Mr Lee Kuan Yew;

- there are two parts to the clause. The part first expresses his and Mrs Lee's wish, which was for demolition;

- however, the second part recognises that the house may not be demolished for a number of reasons. Mr Lee accepted that the house may not be demolished and in such case expressed his wishes on what should happen. Essentially he did not want the House to be open to the public.

Much of the recent public discussion on this issue has been premised on the assumption that the 7th Will only contemplates one outcome - demolition. But this is not the case.

The Will specifically accepts and acknowledges that demolition may not take place.

2. Why does the government need to be involved in what happens to 38 Oxley Road?

Isn't this a purely private matter?

Mr Lee Kuan Yew's estate and who inherits what is a private matter, but what is to be done with 38 Oxley Road is not purely a private matter.

38 Oxley Road is closely bound up with the history of Singapore. It is the site where our 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. The strategies to outflank the communists were developed there. It is where the People's Action Party was formed.

People will recall that after Mr Lee's passing and before this dispute was made public, there were many calls to turn 38 Oxley Road into a museum or memorial.

At the Parliamentary session of 13 April 2015 the Prime Minister also recounted how when Mr Lee mentioned demolition in his book Hard Truths there was a public reaction as some people wanted the house preserved.

Why is this so? It is because Singaporeans understand the historical significance of the site. 38 Oxley Road is not just any old piece of property. It is intertwined with the history of the nation.

For this reason, what happens to 38 Oxley Road is not purely a private family matter. It is a also a matter of public interest.

This is also reflected in the fact that para 7 of the Will provides for public disclosure.

Because it is a matter of public interest, the government has to be involved. As DPM Teo has explained, the government has a duty to take a view from the public interest, historical and heritage perspective while taking very seriously into account the wishes expressed by Mr Lee in paragraph 7 of his Will.

3. What is PM's involvement in government deliberations on 38 Oxley Road?

None.

He has taken himself out of the equation.

Lee Hsien Loong is the eldest son of Mr Lee Kuan Yew. But he is also our Prime Minister.

As a son he would like to see his parents' wishes carried out. He stated this in Parliament on 13 April 2015.

However, as Prime Minister he would have to consider whether it is in the wider public interest to demolish the House given its historical significance. The answer to this may be different from his parents or his own personal wishes. It is a very difficult dilemma for him.

For this reason, the Prime Minister has recused himself from taking part in any government consideration or decisions regarding 38 Oxley Road.

At the same time, the government cannot avoid considering the matter.

Hence DPM Teo set up the Ministerial Committee to consider issues in connection with 38 Oxley Road. Like any other Ministerial Committee, it reports to the Cabinet, except that in this matter it is Cabinet minus PM for the reason stated above.

4. Can we demolish the House now?

No, because Dr Lee Wei Ling is still living there. Mr Lee's wish as expressed in the 7th Will is that the house should not be demolished so long as Dr Lee is still living there.

The government has said that it will not do anything to the House while Dr Lee is still living there.

Mr Lee Hsien Yang has said that: "My sister is living there and has every intention to live a long life."

There is therefore no need to make a decision on demolition now. It may be decades before a definite decision needs to be taken. The Cabinet at that time will have to make the decision. Most of the current Cabinet Ministers are unlikely to be in Cabinet then.

And as always, follow the Lees and Oxley Road saga here:

Top image from Indranee Rajah and Tharman Shanmugaratnam Facebook.

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