Lee Wei Ling v Attorney-General: Interpretation of Interview Agreement & Copyright of Lee Kuan Yew's Transcripts
Lee Wei Ling and Lee Hsien Yang, as executors of Lee Kuan Yew's estate, sought declaratory relief against the Attorney-General regarding the interpretation of an interview agreement pertaining to transcripts of interviews with Lee Kuan Yew. The High Court of Singapore, presided over by Tay Yong Kwang JA, dismissed the plaintiff's application, holding that the estate's copyright was limited and subject to the Official Secrets Act.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Plaintiff's application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The court interpreted an interview agreement concerning Lee Kuan Yew's transcripts, addressing copyright ownership and access rights. The court dismissed the plaintiff's application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Defendant | Government Agency | Application dismissed | Won | Hui Choon Kuen of Attorney-General’s Chambers Koo Zhi Xuan of Attorney-General’s Chambers Germaine Boey of Attorney-General’s Chambers |
| Lee Hsien Yang | Plaintiff | Individual | Application dismissed | Lost | |
| Lee Wei Ling | Plaintiff | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hui Choon Kuen | Attorney-General’s Chambers |
| Koo Zhi Xuan | Attorney-General’s Chambers |
| Germaine Boey | Attorney-General’s Chambers |
| Lee Eng Beng | Rajah & Tann LLP |
| Chew Xiang | Rajah & Tann LLP |
| Paul Tan | Rajah & Tann LLP |
4. Facts
- Lee Kuan Yew (LKY) gave tape recordings and transcripts of interviews to the Director, Archives and Oral History Department, and the Secretary to the Cabinet.
- The Interview Agreement stipulated conditions for the use and administration of the recordings and transcripts.
- LKY retained copyright until 2000 or 5 years after his death, after which it would vest in the Government.
- The transcripts were kept in the custody of the Secretary to the Cabinet.
- The Attorney-General argued the transcripts were protected by the Official Secrets Act.
- The LKY estate sought declaratory relief regarding their rights to the transcripts.
- The Government argued that the transcripts were part of a government project and politically sensitive.
5. Formal Citations
- Lee Wei Ling and another v Attorney-General, , [2016] SGHC 207
6. Timeline
| Date | Event |
|---|---|
| Interviews conducted with Lee Kuan Yew began | |
| Interviews conducted with Lee Kuan Yew ended | |
| Lee Kuan Yew signed the Interview Agreement | |
| Wong Chooi Sen signed the Interview Agreement | |
| Lily Tan signed the Interview Agreement | |
| Lee Kuan Yew passed away | |
| LKY estate became aware of the existence of the Transcripts | |
| Government's letter to the Court | |
| Hearing date | |
| Extended time for any application for leave to appeal against my decision | |
| Originating Summonses No 816 of 2015 | |
| Hearing on 14 July 2016 | |
| Judgment reserved |
7. Legal Issues
- Interpretation of Contractual Terms
- Outcome: The court interpreted the Interview Agreement, giving effect to all clauses and avoiding redundancy.
- Category: Substantive
- Related Cases:
- [2008] SGCA 27
- Copyright Ownership
- Outcome: The court held that the LKY estate inherited the copyright to the Transcripts for a limited purpose.
- Category: Substantive
- Applicability of the Official Secrets Act
- Outcome: The court found that the Official Secrets Act applied to the Transcripts.
- Category: Substantive
- Related Cases:
- [2014] SGHC 26
8. Remedies Sought
- Declaratory Relief
- Costs of proceedings
9. Cause of Actions
- Breach of Contract
- Copyright Infringement
10. Practice Areas
- Civil Litigation
- Intellectual Property Law
11. Industries
- Government
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Elbow Holdings Pte Ltd v Marina Bay Sands Pte Ltd | High Court | Yes | [2014] SGHC 26 | Singapore | Cited for the interpretation of section 5(1)(e) of the Official Secrets Act regarding documents obtained through a government contract. |
| Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd | Singapore Court of Appeal | Yes | [2008] SGCA 27 | Singapore | Cited for the contextual approach to contractual interpretation. |
| Lee Kien Meng v Cintamani Frank | High Court | Yes | [2015] SGHC 109 | Singapore | Cited to distinguish between ownership of copyright and ownership of the tangible medium. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Official Secrets Act (Cap 213, 2012 Rev Ed) | Singapore |
| Copyright Act (Cap 63, 2006 Rev Ed) | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Interview Agreement
- Transcripts
- Copyright
- Official Secrets Act
- LKY estate
- Cabinet Secretary
- Political sensitivity
- Two-key system
- Government project
- Express written permission
15.2 Keywords
- contract
- copyright
- official secrets act
- lee kuan yew
- transcripts
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 75 |
| Copyrights | 70 |
| Constitutional Law | 30 |
| Administrative Law | 20 |
16. Subjects
- Contract Law
- Copyright Law
- Government Information
- Legal Interpretation