'Politically significant person' designation under foreign interference law must be in public interest: Shanmugam

SINGAPORE: When the Singapore authorities decide to designate someone a “politically significant person” (PSP) under its foreign interference law, they must conclude that it is in the public interest to do so, Home Affairs and Law Minister K Shanmugam reiterated on Thursday (Feb 29).

“You could be a member of a foreign political organisation, but if the public interest criterion is not satisfied, you would not be designated,” he added in parliament.

The minister also revealed that the authorities had “some discussions” with Mr Philip Chan Man Ping, a Singaporean businessman who on Monday became the first person to be designated as a PSP under the Foreign Interference (Countermeasures) Act, or FICA.

Mr Chan was advised of the government’s concerns. The 59-year-old was then designated under FICA on the assessment of the Registrar of Foreign and Political Disclosures, said Mr Shanmugam.

Mr Shanmugam was responding to a “cut” by Mr Gerald Giam (Workers’ Party-Aljunied) during a parliamentary debate on the Ministry of Home Affairs (MHA)’s proposed budget.

Individual Members of Parliament may ask for a symbolic “cut” of S$100 to a particular ministry’s estimates, before speaking on issues under that ministry’s purview.

Mr Giam had asked for more details on MHA’s criteria for designating PSPs, as well as the factors that distinguished him from other persons who engaged in similar activities but were not singled out under FICA.

Mr Giam said: “I understand the ministry might be reluctant to be too transparent about the criteria to prevent people from circumventing the FICA provisions.

“However, MHA should provide better guidance to the public on where the out-of-bound (OB) markers are, so that they can avoid becoming unwitting agents of foreign influence and interference."

MHA previously said that Mr Chan was assessed to have shown susceptibility to being influenced by foreign actors, and a willingness to advance their interests. The ministry did not name any foreign entity or specify the political end that Mr Chan’s activities were directed towards.

Mr Chan, the managing director of three property firms, immigrated from Hong Kong in 1990. He subsequently became a naturalised citizen.

CNA reported on Wednesday that while he is not the only Singapore resident publicly known to be associated with the Chinese People's Political Consultative Conference – China’s top political advisory body – or its affiliates, the difference lay in his public comments and grassroots links.

In response, Mr Shanmugam pointed to the criteria set out in FICA.

To be designated as a PSP, an individual must be a member of a foreign legislature or foreign political organisation, or their activities must be directed towards a political end in Singapore.

“But in addition to this, there is also the public interest criteria that must be satisfied,” Mr Shanmugam added.

During the 2021 debate in parliament on the Foreign Interference (Countermeasures) Bill, he said the definition of public interest includes the requirement of proportionality.

The minister or authority will have to consider this in arriving at a decision, and the decision has to be made on the basis that it is necessary or expedient.

On Thursday, Mr Shanmugam said the registrar will also look at the facts and consider relevant matters in deciding whether to designate someone as a PSP. This typically includes a person’s past actions in Singapore, statements, conduct, reach and influence, and especially how likely they are to be a target of foreign interference or influence.

“That would include an assessment of the extent to which he has linkage with the other country. These would be among the criteria – I’m not setting this out as exhaustive,” he added.

Mr Shanmugam said that when appropriate, the authorities will also have discussions with the individual and see whether there is a need to designate them under FICA.

Specifically on Mr Chan, he noted a need to be careful, given that Mr Chan has one month from Monday to appeal to him against the registrar’s decision.

“But I can disclose that we did have some discussions with the individual. He was advised about our concerns. Thereafter, based on the registrar's assessment, the registrar has decided to designate him,” Mr Shanmugam told the House.

“If he appeals, I will have to look at the facts and make a decision.”

"HIGHER RISK" OF BEING INFLUENCED BY FOREIGN ACTORS

Mr Shanmugam reiterated that designation as a PSP means that the individual has the same status as MPs, who are automatically PSPs.

Because of that, the designated person is obliged to be transparent in the context set out in FICA, he added.

“Not that he has actively done some wrong per se, at that point of designation, just that we have assessed him to be at a higher risk of being susceptible to influence by foreign actors, and we have imposed on him the requirements for transparency,” said Mr Shanmugam.

Mr Giam then asked if the government would publicly announce every PSP designation.

Mr Shanmugam replied that he did not want to tie a future government’s hands, but such designations would be publicly announced “where necessary”.

“We think it makes sense to announce it so that Singaporeans are aware and hopefully, that will also shape some behaviour," he added.

Mr Giam also asked if Singaporeans who are members of foreign political or legislative bodies have to declare their involvement at each instance of joining these bodies. Such declarations are a requirement under FICA.

Mr Shanmugam said this would not automatically lead to a PSP designation, but he reiterated that Thursday is the deadline for such declarations.