11 hours ago
4
SINGAPORE: The appointment of the attorney-general is not a perfunctory process, nor is it thin by any measure, Law Minister Edwin Tong said on Monday (Mar 2).
He was responding to MP Sylvia Lim (WP-Aljunied), who said in parliament on Feb 27 that the appointment process for the attorney-general is currently "thin", and that the public would be interested in knowing more about the selection process for such a critical post.
She was speaking during the debate on the Ministry of Law's spending plans for the coming year.
In response, Mr Tong said that the selection process reflects a careful and considered balance between executive responsibility and institutional safeguards.
"There is a clear, deliberate and very structured process of the appointment with the appropriate checks and balances," said Mr Tong.
The appointment or subsequent renewal is made in accordance with the Constitution.
The prime minister must first consult the Chief Justice and the chairman of the Public Service Commission, before tendering advice about the appointment to the president.
After receiving that advice, the president consults the Council of Presidential Advisers and makes an independent assessment of the appointment.
Attorney-General Lucien Wong was appointed for his fourth term from Jan 14, 2026, to Jan 13, 2029.
Mr Wong, who is 73 this year, has served in this role since 2017. He was re-appointed for two additional three-year terms in 2020 and 2023.
PUBLIC DISCLOSURE
Mr Tong also disagreed with Ms Lim's suggestion that there should be public disclosure of these deliberations.
These are matters for the chairman of the Public Service Commission and the Council of Presidential Advisers to assess independently, he said.
For instance, the Council of Presidential Advisers does not publish its advice to the president, nor is the government privy to its deliberations, said Mr Tong.
He added that confidential deliberations serve an important function when such appointments are being made.
"If you put it out publicly, you put the candidates out for public debate, even the best of candidates will have some detractors. A small minority, but there will be some," he said.
"Suitable candidates may well then be deterred from even being considered if discussions as to their suitability and perhaps their rejection were to be made publicly.
"The consultation process also requires ... frank assessment, and turning it into a public debate risks politicising an office that must remain scrupulously non-partisan."
He noted that in some jurisdictions, the attorney-generals are elected officeholders, but Singapore has had a different model since the country's independence.
Singapore's attorney-general is not a politician and is appointed based on professional excellence, integrity and judgment.
"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," said Mr Tong.
SUITABLE CANDIDATES
Mr Tong said the attorney-general is one of the most critical offices in Singapore's constitutional framework.
"Beyond formal qualification, it calls for an individual of high professional standing, wide-ranging legal experience, sound judgment and a strong sense of public duty," said the minister.
"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 a minister or the leader of the opposition."
Mr Tong noted how it is not easy to find people with the requisite experience, judgment and integrity for this appointment.
The government also takes into account a range of considerations, including the performance of the incumbent, their ability and willingness to serve and whether there are significant ongoing matters that require continuity and careful oversight.
The minister said the government continues to rely on Mr Wong's counsel on significant matters that remain in progress. This includes negotiations on maritime boundaries, tax and financial sector legal reforms and complex cross-border criminal matters.
"These and others are substantial responsibilities that will benefit from deep expertise, sound judgment and a steady hand," said Mr Tong.
"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."
He said the system of appointing the attorney-general is designed to preserve both independence and public trust.
In response to Mr Tong's speech on Monday, Ms Lim asked whether there were any other shortlisted candidates during the recent reappointment of the attorney-general.
In which 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."
Ms Lim also asked if Mr Wong was "individually indispensable" in managing ongoing complex projects and if anyone has been groomed to take over.
In his response, Mr Tong said: "It is not that any individual is indispensable, but at a given point in time, a multitude of factors are taken into account."
Besides whether the individual is available and able to continue, Mr Tong noted there are other factors, such as the ongoing projects, and the person's stature and ability to contribute to the ongoing projects, as well as their reputation.
