SINGAPORE - The Court of Appeal has reversed a High Court decision that required the Law Society to refer lawyer Kwa Kim Li to a disciplinary tribunal overThe five-judge panel, led by Chief Justice Sundaresh Menon, found that there was no evidence to suggest that Mr Lee Kuan Yew had intended for those earlier wills to be destroyed physically, so long as they had been properly invalidated.
The inquiry committee convened said in May 2020 that two of the complaints warranted further disciplinary proceedings. But it issued a second report in August dismissing one of them, following the Law Society's request that it relook the case, and after it had heard Ms Kwa's explanations. The Law Society appealed against the decision on this complaint, and in Monday's judgment, the Court of Appeal found that the High Court judge had erred in finding that the Law Society council had no power to refer a case back for reconsideration once the inquiry committee had recommended a formal investigation.
The court also said this was in line with the intent of Parliament, when the Act was enacted in 1970 and subsequently when it was amended in 1979 and 2008. The complaint had arisen from an e-mail Ms Kwa sent to Mr Lee Hsien Yang, Dr Lee and their brother, Prime Minister Lee Hsien Loong, after their father's death in 2015, in which she stated:"Each time signed a new will, he would ask me to destroy the old will. I have managed to put together the cancelled photocopies."
She had also said that Mr Lee Kuan Yew would often ask her about the contents of his previous wills and she then needed to be able to refer to the prior wills.Events involving Lee Hsien Yang in preparation and execution of LKY's will 'troubling': Court
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