Ling Diung Kwong v Bo Tien Temple: Termination of Trustee & Membership Dispute

In Ling Diung Kwong v Bo Tien Temple, the plaintiff, Ling Diung Kwong, sought a declaration against the defendants, Bo Tien Temple and its Management Committee members, that the decisions to terminate his positions as trustee and member of the Bo Tien Temple were null and void. The High Court of Singapore, presided over by Justice George Wei, dismissed the plaintiff's claim on 10 July 2017, finding in favor of the defendants. The plaintiff's claim included a request for an injunction to restrain the defendants from enforcing the termination and aggravated damages for wrongful termination.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Claim Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed Ling Diung Kwong's claim against Bo Tien Temple, upholding the termination of his trustee and membership positions.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
LING DIUNG KWONGPlaintiffIndividualClaim DismissedLost
BO TIEN TEMPLEDefendantAssociationJudgment for DefendantWon
CHENG AI BAKDefendantIndividualJudgment for DefendantWon
TEO KOK BOONDefendantIndividualJudgment for DefendantWon
CHUA TECK BENGDefendantIndividualJudgment for DefendantWon
CHONG KOK KEONGDefendantIndividualJudgment for DefendantWon
KONG MENG SINDefendantIndividualJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
George WeiJudgeYes

4. Counsels

Counsel NameOrganization
Sivanathan Wijaya RavanaR. S. Wijaya & Co
Ee Hock Hoe AdrianRamdas & Wong
Chew Yun Ping, JoanneRamdas & Wong

4. Facts

  1. Plaintiff sought declaration that decisions to terminate his positions as trustee and member of Bo Tien Temple were null and void.
  2. Plaintiff claimed he was a founding member and head of the temple, but defendants disputed this.
  3. Tensions existed between the plaintiff and defendants, including prior litigation.
  4. Plaintiff removed 'Ngor Ya' flags despite being told not to.
  5. Plaintiff allegedly called Mr. David Tay a 'puppet'.
  6. Plaintiff intended to publish a draft book critical of several members of Bo Tien Temple.
  7. The 45th AGM voted to remove the Plaintiff from the Board of Trustees.
  8. The MC voted to remove the Plaintiff as a member of Bo Tien Temple.

5. Formal Citations

  1. Ling Diung Kwong v Bo Tien Temple and others, Originating Summons 1169 of 2016, [2017] SGHC 155

6. Timeline

DateEvent
Plaintiff anointed as 'head' of the temple by its temple saint, Lord Bo Tien.
Plaintiff removed 'Ngor Ya' flags despite being told not to.
Plaintiff allegedly called Mr. David Tay a 'puppet'.
Plaintiff clashed with the 4th and 6th defendants at the Bo Tien Temple’s 36th Annual General Meeting.
Plaintiff sent the MC an email attaching a copy of a draft book.
Committee Meeting held to terminate the Plaintiff’s membership.
42nd AGM held to remove the Plaintiff from the Board of Trustees.
43rd AGM held.
Oral Judgment of Steven Chong J in OS 998/2014 was delivered.
Plaintiff delivered a copy of the Oral Judgment to the MC.
Plaintiff sent an email to the MC to inquire about the status of his membership.
Plaintiff received a letter from the 4th defendant enclosing the agenda for the 45th AGM to be held on 9 May 2015.
Plaintiff received a letter from the 2nd defendant which stated that the management of Bo Tien Temple was reinstating the Plaintiff’s position as member and trustee with immediate effect.
Plaintiff received a letter informing him that the members of Bo Tien Temple had expressed their intention to exercise their absolute discretion under Article 19(f) of the Bo Tien Temple Constitution to remove [the Plaintiff] as a trustee.
Plaintiff sent two emails to the 2nd and 4th defendants stating he would not participate in the inquiry regarding the termination of his trusteeship.
45th AGM held; Plaintiff's trusteeship terminated.
2nd defendant sent two letters to the Plaintiff, one stating that he was removed as trustee, and another informing him of a meeting to decide on his membership.
Plaintiff responded to the 2nd defendant stating he needed more time to consult his lawyers.
Second defendant replied to the Plaintiff rescheduling the meeting to decide on his membership to 3 July 2015.
MC Meeting held; Plaintiff's membership terminated.
3rd defendant sent the Plaintiff a letter informing him that the Management Committee was of the opinion that the grounds under Article 8a have been satisfied and that he had been removed as a member of Bo Tien Temple.
Originating Summons 1169 of 2016 commenced.
Hearing commenced.
Hearing continued.
Judgment delivered.

7. Legal Issues

  1. Breach of Natural Justice
    • Outcome: The court held that there was no breach of natural justice in the termination of the plaintiff's trusteeship or membership.
    • Category: Substantive
    • Sub-Issues:
      • Denial of fair hearing
      • Apparent bias
    • Related Cases:
      • [2008] 2 SLR(R) 802
      • [1993] 3 SLR(R) 407
      • [2016] 3 SLR 221
      • [2007] 1 SLR(R) 85
      • [2016] 2 SLR 489
      • [2000] QB 451
      • [1992] 3 SLR(R) 722
      • [1985] QB 251
  2. Ultra Vires Action
    • Outcome: The court held that the decision to remove the plaintiff as trustee was validly passed in accordance with the BTT Constitution.
    • Category: Substantive
    • Sub-Issues:
      • Failure to comply with constitution
      • Improper voting procedures

8. Remedies Sought

  1. Declaration
  2. Injunction
  3. Aggravated Damages

9. Cause of Actions

  • Declaration for wrongful termination of trusteeship
  • Declaration for wrongful termination of membership
  • Injunction to restrain the defendants from enforcing the wrongful termination of his trusteeship and membership
  • Aggravated damages for wrongful termination

10. Practice Areas

  • Litigation
  • Dispute Resolution

11. Industries

  • Religious Organization

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Kay Swee Pin v Singapore Island Country ClubCourt of AppealYes[2008] 2 SLR(R) 802SingaporeCited for the principle that courts should leave social clubs to manage their own affairs, but clubs must comply with natural justice when expelling a member.
Singapore Amateur Athletics Association v Haron bin MundirCourt of AppealYes[1993] 3 SLR(R) 407SingaporeCited for the limited nature of the courts' jurisdiction in reviewing the decisions of domestic tribunals.
Fong Chee Keong v Professional Engineers Board, SingaporeHigh CourtYes[2016] 3 SLR 221SingaporeCited to support the principle that the right to be heard is not unlimited and that a tribunal's obligation is to afford a reasonable opportunity to be heard.
Re Shankar Alan s/o Anant KulkarniHigh CourtYes[2007] 1 SLR(R) 85SingaporeCited for the test of apparent bias: whether a reasonable and fair-minded person would have a reasonable suspicion that a fair trial is not possible.
Sim Yong Teng and another v Singapore Swimming ClubHigh CourtYes[2016] 2 SLR 489SingaporeCited for the test of apparent bias: whether a reasonable and fair-minded person would have a reasonable suspicion that a fair trial is not possible.
Locabail (UK) Ltd v Bayfield Properties LtdCourt of AppealYes[2000] QB 451England and WalesCited for the principle that previous judicial decisions or adverse comments on a party or witness are generally insufficient to establish bias.
Kok Seng Chong v Bukit Turf ClubHigh CourtYes[1992] 3 SLR(R) 722SingaporeCited for the principle that there is no inherent right at common law to be allowed legal representation when appearing before a domestic disciplinary tribunal.
R v Secretary of State for the Home Department, Ex parte TarrantQueen's Bench DivisionYes[1985] QB 251England and WalesCited for the principle that there is no inherent right at common law to be allowed legal representation when appearing before a domestic disciplinary tribunal, especially where the hearing or meeting deals with points of fact and not points of law.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Societies Act (Cap 311, 2014 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Trustee
  • Membership
  • Termination
  • Natural Justice
  • Apparent Bias
  • Ultra Vires
  • Bo Tien Temple Constitution
  • Management Committee
  • General Meeting
  • Audi Alteram Partem
  • Draft Book
  • Ngor Ya Flags

15.2 Keywords

  • temple
  • society
  • trusteeship
  • membership
  • termination
  • natural justice
  • bias
  • Singapore

17. Areas of Law

Area NameRelevance Score
Unincorporated Associations75
Meetings60
Administrative Law30
Constitutional Law20
Civil Procedure20

16. Subjects

  • Societies
  • Trusteeship
  • Membership
  • Administrative Law