Attorney-General v Xu Yuan Chen: Contempt of Court, Publishing Scandalous Material
In Attorney-General v Xu Yuan Chen, the High Court of Singapore found Mr. Xu Yuan Chen guilty of contempt of court for publishing a scandalous article and Facebook post that impugned the integrity and impartiality of the judiciary. The Attorney-General sought an order of committal against Mr. Xu under the Administration of Justice (Protection) Act. The court found that Mr. Xu's publications posed a risk to public confidence in the administration of justice and did not constitute fair criticism. Mr. Xu was fined S$18,000 and ordered to delete the article and cease further publication of the offending material.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Judgment for Applicant
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Xu Yuan Chen found guilty of contempt for publishing an article and Facebook post that scandalized the court, undermining public confidence in the administration of justice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Applicant | Government Agency | Judgment for Applicant | Won | Sivanathan Jheevanesh of Attorney-General’s Chambers Tan Ruyan Kristy of Attorney-General’s Chambers Jean Goh of Attorney-General’s Chambers |
| Xu Yuan Chen @ Terry Xu | Respondent | Individual | Contempt of Court | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sivanathan Jheevanesh | Attorney-General’s Chambers |
| Tan Ruyan Kristy | Attorney-General’s Chambers |
| Jean Goh | Attorney-General’s Chambers |
| Lim Tean | Carson Law Chambers |
4. Facts
- Mr. Xu published an article and a Facebook post containing a letter critical of the Singapore judiciary.
- The letter alleged that Singapore's legal system favors the wealthy and powerful and that judges are not selected for their courage to seek the truth.
- The Attorney-General argued that the publications impugned the integrity and impartiality of the judiciary.
- Mr. Xu refused to remove the article and Facebook post despite a demand from the Attorney-General's Chambers.
- The TOC Website and Facebook Page were reactivated after being taken down, with the article and post still accessible.
- Mr. Xu was the Chief Editor of The Online Citizen (TOC) at the time of the publications.
5. Formal Citations
- Attorney-General v Xu Yuan Chen (alias Terry Xu), Originating Summons No 694 of 2021(Summons No 3816 of 2021), [2023] SGHC 87
6. Timeline
| Date | Event |
|---|---|
| Chief Justice Sundaresh Menon delivered Opening of the Legal Year 2021 speech | |
| Ms Julie Mary O’Connor published the Letter on her blog | |
| Mr. Xu published the Letter within the Article on the TOC Website | |
| Facebook Post was published on the TOC Facebook Page | |
| Mr. Xu gave a statement to the police | |
| AGC sent a letter of demand to Mr. Xu to remove the Article and the Facebook Post | |
| AG filed HC/SUM 3816/2021 | |
| Mr Xu filed HC/OS 917/2021 | |
| The TOC went offline | |
| IMDA cancelled TOCPL’s class licence | |
| OS 917 was dismissed | |
| Mr Xu appealed against the decision via CA/CA 68/2021 | |
| The appeal was dismissed by the Court of Appeal | |
| Both the TOC Website and TOC Facebook Page were reactivated | |
| Hearing was held | |
| Judgment reserved |
7. Legal Issues
- Contempt of Court
- Outcome: The court found Mr. Xu guilty of contempt of court for publishing material that impugned the integrity and impartiality of the judiciary and posed a risk to public confidence in the administration of justice.
- Category: Substantive
- Sub-Issues:
- Scandalising the court
- Undermining public confidence in the administration of justice
- Fair criticism
- Freedom of Speech
- Outcome: The Court of Appeal held that there was no breach of Article 12(1) of the Constitution.
- Category: Constitutional
- Sub-Issues:
- Limits on freedom of speech
- Balancing freedom of speech with the need to protect the judiciary
8. Remedies Sought
- Order of committal for contempt of court
- Fine
- Order to delete the article and Facebook post
- Order to cease further publication of the article and Facebook post
9. Cause of Actions
- Contempt of Court
10. Practice Areas
- Criminal Litigation
- Constitutional Litigation
11. Industries
- Media
- Law
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Attorney-General v Wham Kwok Han Jolovan and another matter | High Court | Yes | [2020] 3 SLR 446 | Singapore | Cited for the objective interpretation of alleged contemptuous material. |
| Shadrake Alan v Attorney-General | Unknown | Yes | [2011] 3 SLR 778 | Singapore | Cited for determining the objective effect the material will have on an average reasonable person. |
| Wham Kwok Han Jolovan v Attorney-General and other appeals | Court of Appeal | Yes | [2020] 1 SLR 804 | Singapore | Cited for ascertaining the existence of a “risk” in the context of contempt. |
| Au Wai Pang v Attorney-General | Unknown | Yes | [2016] 1 SLR 992 | Singapore | Cited for the mens rea requirement under s 3(1)(a) of the AJPA. |
| Attorney-General v Tan Liang Joo John and others | Unknown | Yes | [2009] 2 SLR(R) 1132 | Singapore | Cited for the requirements to constitute fair criticism. |
| Xu Yuan Chen v Attorney-General | Court of Appeal | Yes | [2022] 2 SLR 1131 | Singapore | Cited for the Court of Appeal holding that there was no breach of Article 12(1) of the Constitution and refusing to grant Mr Xu leave to apply for the prohibiting orders to prevent the AG from proceeding with SUM 3816. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Administration of Justice (Protection) Act 2016 | Singapore |
| Administration of Justice (Protection) Act 2016 | Singapore |
| Administration of Justice (Protection) Act 2016 | Singapore |
| Rules of Court (Cap 322, R5, 2014 Rev Ed) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Contempt of court
- Scandalising the court
- Administration of justice
- Public confidence
- Fair criticism
- Integrity
- Impartiality
- Judiciary
- Publication
- Mens rea
- Actus reus
15.2 Keywords
- Contempt
- Court
- Publishing
- Scandalous
- Article
- Integrity
- Impartiality
- Justice
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contempt of Court | 95 |
| Civil Procedure | 50 |
| Evidence | 40 |
| Administrative Law | 30 |
| Judgments and Orders | 30 |
| Constitutional Law | 20 |
16. Subjects
- Contempt of Court
- Freedom of Speech
- Criminal Law