PM Lee has asked HK leader for immediate return of Terrexes

SINGAPORE  — Prime Minister Lee Hsien Loong has written to Hong Kong Chief Executive Leung Chun-ying requesting the immediate return of the Singapore Armed Forces (SAF) armoured vehicles being detained by Hong Kong customs, Defence Minister Ng Eng Hen said in Parliament on Monday (Jan 9) as the Government addressed the issue for the first time in Parliament since the seizure on Nov 23. 

The Hong Kong authorities have responded that the investigation is ongoing and will take some time to complete, and that the Hong Kong Government will handle the matter in accordance with their laws, said Dr Ng, who also revealed that the seized Terrexes cost S$30 million in all. 

Welcoming the response, Dr Ng added: “Adherence to the rule of law has been the fundamental basis for peace and stability for the last half century in Asia. It has enabled countries both large and small to build trust and confidence in one another, cooperate and prosper together ... We therefore look forward to the Hong Kong government returning our Terrexes in accordance with international law.” 

Under the principle of sovereign immunity, state properties — including military assets — are immune from any measures of constraint abroad, and cannot legally be detained or confiscated by other countries. “This principle is well-established under international law, and we are advised by lawyers that it is also the law in the Hong Kong Special Administrative Region,” Dr Ng said.
 
The Singapore Government has informed its Hong Kong counterpart on a number of occasions over the last two months  — both through its lawyers and its Hong Kong Consul-General Foo Teow Lee — that the Terrexes and other equipment being detained belong to it. 
“Accordingly, we have requested the Hong Kong authorities to return our property immediately,” said Dr Ng, adding that Mr Lee’s letter to Mr Leung reiterates the same message. 

Dr Ng stressed that whether the shipping company, APL, has complied with the port’s rules is a matter between the firm and the Hong Kong authorities, and affects “neither the legal position of the Terrexes nor the Singapore Government’s rights”. 

“Singapore and Hong Kong have long enjoyed good and friendly relations. We hope the matter will be resolved satisfactorily and our friendly relations will endure,” he said.  

Dr Ng, who had previously said that Singapore has been working at all levels of government “quietly and out of the limelight” to get the Terrexes back, was replying to several questions filed by six Members of Parliament on the matter. They had asked whether any military secrets could be compromised, and what steps the Government is taking to get the vehicles back, among other things. They also wanted to know whether the Ministry of Defence is reviewing its existing contractual arrangements for the sea transportation of military equipment. 

In response, Dr Ng reiterated that the Terrexes and other equipment being detained were used for training and did not contain sensitive equipment. 

As a result of the Terrex seizure, the SAF has reviewed its shipping procedures comprehensively, Dr Ng said. “Where we think the risk of the detention of SAF assets has gone up, whether in Asia or any other part of the world, we will impose extra precautions even if this means incurring higher freight charges,” he said. 

Alternatively, the SAF may consider leasing space to house equipment at overseas training sites — which is already being practised for certain equipment —  to avoid shipping them altogether, and procure additional units to meet operational requirements, where necessary.

Following Dr Ng’s remarks, Chinese Foreign Ministry spokesman Lu Kang told reporters at a regular briefing that Beijing hoped “all relevant countries, including Singapore, first, can conscientiously abide by the One China principle”. 

“Second, we hope the Singapore side can conscientiously abide by Hong Kong’s laws,” Mr Lu said. He added that China hopes the parties involved will be cautious with their remarks and behaviour. 

In response to MPs’ supplementary questions, Dr Ng noted a similar incident in 2010 when a South Korean military personnel carrier and a light tank were seized by the Hong Kong authorities. The equipment was subsequently returned to South Korea, he said.
 
He added that the Government is considering commercial claims against APL. All SAF cargo shipments are insured against losses under certain conditions, and the Government has to check if the insurance claims are applicable in the Terrex incident, he said.