Singapore will form panel of experts to help investigations into haze-linked firms

SINGAPORE – To support Singapore’s efforts to identify and hold accountable firms that may be responsible for, or have contributed to, the fires causing haze in Singapore, a specialist panel of experts will be created, the Ministry of Law (MinLaw) said on Oct 23.

The panel will comprise law firms, audit firms and investigative firms. It will bring together professionals with the expertise, networks and capabilities to conduct cross-border inquiries, trace complex corporate relationships and examine supply chains spanning multiple jurisdictions, said the ministry. 

The Government said it has appointed Davinder Singh Chambers to advise the Government on coordinating the work done by the panel of experts.

The firm has extensive experience in cross-border inquiries and complex legal structures, said the Law Ministry. It will advise the Government, and help coordinate and manage the conduct of inquiries across different jurisdictions.

Companies identified by the Government will be required to engage professionals from the panel to conduct thorough inquiries into their operations, corporate relationships, and supply chains, and to submit thorough audits to the Government, MinLaw said. 

“Companies will be expected to cooperate fully and provide unfettered access to relevant information and their operations as may be necessary for the inquiries,” MinLaw said.

“The panel will help the Government establish the facts, including where complex corporate structures and commercial arrangements span multiple jurisdictions,” the spokesperson added. 

The inquiries will require information-gathering and related work overseas, and government agencies, including the Attorney-General’s Chambers, may face legal and practical limitations in carrying out such work in other jurisdictions, the ministry pointed out. 

“This is because there are generally limitations imposed by countries on what work can be done in their territories by overseas government agencies,” it added. 

Davinder Singh Chambers will coordinate the work done by the panel’s experts, ensuring that the necessary inquiries and investigations are properly conducted across different jurisdictions.

“Mr Davinder Singh has extensive experience in cross-border corporate investigations and complex legal structures, and will provide specialist advice and guidance on the conduct of the inquiries,” said the ministry. 

Other agencies, including NEA and the Monetary Authority of Singapore are also involved, and more details will be announced next week.

The findings of these inquiries will be assessed by the relevant Government agencies and the Attorney-General’s Chambers.

Lawyers have previously told The Straits Times that enforcing the Transboundary Haze Pollution Act is challenging due to the cross-border nature of investigations and difficulties in collecting evidence of haze-causing fire sources outside of Singapore. 

For one thing, even environmental watchdogs based in Indonesia struggle to get access to up-to-date maps of plantation companies. Without such information, it is difficult to determine a fire’s origin through satellite images alone. 

On Oct 16, The Jakarta Post reported that Indonesia’s Forestry Ministry had restricted people from retrieving information from its mapping platform Sigap without written approval. It also threatened criminal charges against those who allegedly used geospatial data without the government’s authorisation. 

And 11 years after Singapore sent legal notices to six Indonesian companies regarding the 2015 haze, four cases remain open.

There are no penalties if firms do not comply with the notices, unlike the information-gathering notices sent to the 10 Singapore companies on Oct 23. 

Obtaining information needed to identify companies responsible for fires overseas is a major challenge to enforcing the law.