MFA director-general charged over use of diplomatic bags for Panadol, luxury watches
Gilbert Oh Hin Kwan allegedly sent boxes of Panadol to a personal acquaintance in China using the diplomatic bag service, which should only be used for official purposes.
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SINGAPORE: A director-general at the Ministry of Foreign Affairs (MFA) was charged on Thursday (Nov 23) over the use of diplomatic bags for Panadol and luxury watches.
Gilbert Oh Hin Kwan, 44, faces two counts of cheating and one count of providing false information to a public servant.
In December last year, Oh sent a package containing boxes of Panadol – which contains paracetamol – from Singapore to Beijing using the diplomatic bag service.
He allegedly hid from MFA that the package was intended for a personal acquaintance, rather than his MFA colleague Dion Loke Cheng Wang in Beijing.
Mr Loke is listed on MFA's website as the First Secretary (Political) at Singapore's Embassy in Beijing.
"MFA was induced to accept the package for dispatch via the diplomatic bag service on that basis, which it would not have done had it known the truth," said the Corrupt Practices Investigation Bureau (CPIB).
According to the Vienna Convention on Diplomatic Relations, diplomatic bags are used to send documents or items for official use. Under the convention, diplomatic bags cannot be opened or detained. The bags must "bear visible external marks of their character".
In December 2022, Chinese nationals in Singapore queued up to send flu medicine back home to relatives amid surging COVID-19 cases in China and reports of drug shortages.
Singapore's Health Ministry (MOH) reminded people to buy medicine in quantities that were sufficient only for their own consumption, and said it was aware that retailers had seen increased demand for over-the-counter medicine to treat fever, cough and cold.
Some retailers, including FairPrice and Watsons, imposed purchase limits on Panadol and Nurofen products. Nurofen contains ibuprofen, a non-steroidal anti-inflammatory drug, that can be used to treat fever.
Demand for over-the-counter flu and cough medicine moderated at the start of the year, Senior Minister of State for Health Janil Puthucheary said on Jan 10.
What is a diplomatic bag?
A diplomatic pouch or bag is any properly identified and sealed package or container that is used to transport official documents and other items intended for official use.
The United Nations, for instance, permits the use of a diplomatic bag for urgently needed health supplies for the use of UN staff members or their dependents when such items are not obtainable locally and are requested in reasonable quantities.
Properly designated diplomatic pouches “shall not be opened or detained”, as stated in the Vienna Convention on Diplomatic Relations.
According to the US State Department, the United States does not search these packages either physically or electronically.
“Although inspection by X-ray would not break the external seal of a shipment, such an action constitutes the modern-day electronic equivalent of ‘opening’ a pouch,” the department said on its website.
Diplomatic bags have visible markings on the exterior to show their status and are labelled in English.
There have been multiple attempts around the world to misuse the privileges of the diplomatic bag or to claim to be using one.
The BBC reported that in 1984, a team of Nigerians and Israelis tried to kidnap and repatriate exiled former Nigerian minister Umaru Dikko by transporting him in what they claimed was a diplomatic crate. But the consignment was not properly marked out and the plot was foiled at London’s Stansted airport.
In 2020, India’s customs department in Kerala detected 30kg of gold smuggled in a diplomatic consignment from the United Arab Emirates.
In the case of the killing of Kim Jong Nam, the estranged half-brother of North Korean leader Kim Jong Un, security experts had speculated that it would not have been difficult to smuggle the toxin VX into Malaysia’s airport via a diplomatic pouch, which would not be subject to regular customs checks.
LUXURY WATCHES
Oh is also accused of instigating Mr Loke on Jan 12 to dispatch a package containing luxury watches from China to Singapore using the diplomatic bag service.
He allegedly did not disclose that the package belonged to and was intended for someone else, said CPIB.
A week later, he purportedly lied to then-MFA Deputy Secretary Ong Eng Chuan about the package containing the luxury watches, which were carried by Mr Loke into Singapore on Jan 17. Oh claimed the watches belonged to his father.
Oh was represented by Mr Shashi Nathan and Ms Harjeet Kaur from Withers KhattarWong.
Mr Nathan said he needed to collate some documents and that the matter was "quite sensitive".
He asked for his client's attendance to be dispensed with – meaning his client would not need to attend certain future hearings but have his lawyer represent him – and was granted this request.
If found guilty of cheating, Oh may be jailed for up to three years, fined, or both. He may also be jailed for up to two years, fined, or both if he is convicted of lying to a public servant.
In response to CNA's queries, a spokesperson for MFA said it is aware that one of its officers was charged in court.
"MFA expects all its staff to uphold the highest standards of conduct. The officer has been on no-pay leave while investigations were ongoing," said the spokesperson, adding that it is unable to comment further as the court case is ongoing.
