Govt undertakes ‘rigorous assessment’ when considering preservation of properties

SINGAPORE — A rigorous assessment process will be undertaken by the Government before assessing if properties should be conserved or preserved, said Minister for National Development Lawrence Wong in Parliament on Monday (July 3).

First, detailed research on the merits of conserving or preserving the property in question will be undertaken by government agencies. This include the historical, cultural, social and religious significance of the property, as well as its national importance. For instance, the National Heritage Board (NHB) will review how the site has played a role in Singapore’s history, in examining the historical significance.

There is also the issue of what the site can be used for, whether a conserved residential building can be adapted for commercial use, or for civic and community purposes. And changes in use will have to be “compatible to its surroundings”, Mr Wong said in a ministerial statement on the Lee family dispute over 38 Oxley Road. “Arising from the planning studies, agencies may also review the need for the Government to acquire the property for conservation or preservation,” he said.

“But beyond the legal requirements, the question is whether the planning intent for the conserved or preserved site is best served by having the Government owning the site, as opposed to leaving it under private ownership. For example, if the intent for the site is to have significant public access, and the owner is not prepared to do so, then one option is indeed for the government to acquire the site.”

This work provides “important baseline information”, and government agencies will then proceed to seek views from relevant stakeholders. This include the property owner, relevant professionals and subject matter experts such as the Urban Redevelopment Authority’s Conservation Advisory Panel, and the NHB’s Preservation of Sites and Monuments Advisory Board, Mr Wong said.

Mr Wong also touched on the controversy over the Deed of Gift for several items belonging to Mr Lee Kuan Yew. In general, when items are being donated to NHB from an estate, and it becomes aware that one of the beneficiaries objects to the terms of the donation, “it would be necessary for NHB to take steps to verify that there is agreement from all beneficiaries”, he said. “Otherwise, it could face a potential claim from a beneficiary whose consent was not given,” he added.

Under the Deed of Gift  signed in June 2015, Mr Lee Hsien Yang and Dr Lee Wei Ling - as executors and trustees of the late Mr Lee Kuan Yew's estate - agreed to donate some furniture and personal items belonging to their father from his 38 Oxley Road home to the NHB, for a memorial exhibition. Dr Lee and Mr Lee Hsien Yang had claimed that  PM Lee had improperly obtained the deed, by leveraging his capacity as the Prime Minister. But Mr Wong said: “If Mr Lee Hsien Loong had asked for the deed of gift in his private capacity, NHB would have been entitled to give it to him, given his position as eldest son and beneficiary of the estate.”

Mr Wong also revealed that Mr Lee Hsien Yang’s wife, Mrs Lee Suet Fern, was involved in the discussions on the deed, as a director on the board of NHB. She had supported the conditions stipulated by Dr Lee and Mr Lee Hsien Yang, in donating the furniture and personal items from the house to the NHB. Her law firm Morgan Lewis Stamford LLC had also helped in the process of finalising the deed.

The Government had apprehensions about the conditions, including the right to buy back the items at $1 so long as the house was not demolished. NHB also had to display prominently only the first part of the demolition clause in Mr Lee Kuan Yew's will that the house must be demolished, but not the second which sets out the founding Prime Minister’s wish if his children are unable to tear down 38 Oxley Road.  While these terms were “unusual”, NHB proceeded to sign the deed with Mr Lee Hsien Yang and Dr Lee anyway because it would in the public interest for the artefacts to be exhibited, given their heritage significance.

Mr Wong said he had discussed the issues surrounding the deed with Deputy Prime Minister Teo Chee Hean as PM Lee had said that he would “leave it to (Mr Teo) to handle the specific dealings between NHB and the executors on the deed of gift”.  PM Lee subsequently informed Mr Wong that he had written to Mr Lee Hsien Yang and Dr Lee, in his capacity as beneficiary, “indicating to them that notwithstanding his position on the deed of gift, he would not object to the exhibition, as he did not want to put NHB in a difficult position”, Mr Wong said.