Edwin Tong rebuts Sylvia Lim’s claims that Attorney-General appointment process is ‘thin’

The appointment of the Attorney-General (A-G) is not a perfunctory process but one that reflects a balance between executive responsibility and institutional safeguards, Law Minister Edwin Tong said on March 2.

Disagreeing with Workers’ Party chair Sylvia Lim’s (Aljunied GRC) description of the appointment process as thin, Mr Tong noted that under the Constitution, the Prime Minister must first consult the Chief Justice and the chairman of the Public Service Commission (PSC) before tendering his advice on the appointment to the President.

“After receiving that advice, the President in turn consults the Council of Presidential Advisers (CPA), and makes an independent assessment of the appointment,” added Mr Tong during the debate on his ministry’s budget.

Attorney-General Lucien Wong, 72, was appointed to his fourth term in January 2026.

During the debate on the Ministry of Law’s budget on Feb 27, Ms Lim raised the appointment process of the A-G, describing it as thin, as there is no requirement for the deliberations to be publicly disclosed.

Ms Lim had previously expressed concerns when Mr Wong was first appointed A-G in 2017, noting at the time that he had worked with then Law Minister K. Shanmugam in the same law firm, and had advised then Prime Minister Lee Hsien Loong on matters relating to the Lee estate as his personal lawyer.

In his speech, Mr Tong said that while A-Gs in other countries are elected office-holders, Singapore has had a different model since independence.

“Our Attorney-General is not a politician. He is appointed based on professional excellence, integrity and judgment,” he said.

“The safeguards, however, lie in the constitutional requirements and qualifications required, the consultative process that I have just outlined, and ultimately in the performance and the conduct of the office.”

The minister also disagreed with Ms Lim’s suggestion that there should be public disclosure of the deliberations involved in the appointment.

He said the appointment of the A-G involves matters for the chairman of the PSC and the CPA to assess.

“The CPA, for instance, does not publish its advice to the President, nor is the Government privy to its deliberations,” said Mr Tong.

He added that the confidential nature of these deliberations serves an important function, as suitable candidates may well be deterred from even being considered if discussions on their suitability and rejection were to be made public.

Mr Tong went on to explain what the Government looks for when appointing an A-G, which he said is one of the most critical offices in Singapore’s constitutional framework.

“The Attorney-General must also have unimpeachable integrity and strong moral fibre. He must render objective advice and act fairly in the conduct of prosecutions, even when doing so may be difficult or unpopular. He must be prepared to uphold the law impartially and apply it equally to everyone, whether one is the minister or the leader of the opposition,” said the minister, adding that such individuals with requisite experience, judgment and integrity for the office are not easily found.

“The Government continually looks out for suitable candidates, one who can shoulder the full weight of these responsibilities.

“At the same time, in making any appointments, the Government also takes into account a range of considerations, including the performance of the incumbent, his ability and willingness to serve, and whether there are significant ongoing matters that require continuity and careful oversight.”

Mr Tong said the reappointment of Mr Wong was based on his performance, adding that the Government continues to rely on Mr Wong’s counsel for significant matters, such as negotiations on maritime boundaries, tax and financial sector legal reforms, and complex cross-border criminal matters.

He added: “Mr Wong has had a proven track record.

“We have seen, worked with him. We have assessed and we know the quality of the work, including on sensitive matters. He remains fit, able and willing to continue. So, having considered all these matters, and after the required consultations, the Prime Minister advised the President to reappoint Mr Wong for another term, based on the constitutional mechanism.

“The President then exercised his constitutional functions. And I believe this is a system of appointment which is careful, structured and designed to preserve both independence and public trust.”

Ms Lim noted that while Mr Wong has had a distinguished legal career, he will turn 75 at the end of his current term in January 2029.

In response to Mr Tong’s speech, she asked if there were any other shortlisted candidates during the recent appointment of the A-G.

Ms Lim also questioned if the current A-G was “individually indispensable”, given how he is managing some complex ongoing projects, and if anyone has been groomed to take over his role.

“From a system point of view, it sounds precarious, and in three years’ time, we might be facing the same argument,” she said.

Mr Tong said that no individual is indispensable, but that a multitude of factors are taken into account in appointing an A-G.

Besides whether the individual is available and able to continue, there are other factors such as the ongoing projects, his stature, his ability to contribute, as well as his reputation.

On whether there were other candidates considered for the role, Mr Tong said: “I’m not going to go into whether there’s a long list or a short list, but it suffices to say that we will consider this carefully.

“Think about what the incumbent has done, whether there’s a need to change at that point in time, and if so, what are the options?

“And take all of these factors into consideration before deciding on making a recommendation to the President.”

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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