Legal action by Singapore against haze-causing firms in Indonesia may come with diplomatic implications: Lawyers

“The decision to do so, however, has diplomatic implications,” she said.

Singapore Management University’s Michelle Lim also highlighted the political sensitivities of Singapore taking legal action against companies operating in the territory of a “close and powerful neighbour”.

The associate professor of law noted that Singapore does have jurisdiction – but with any moves made, how they are then perceived by Indonesia is another matter, she said.

DIFFICULTIES IN PURSUING RECOURSE

Ms Fu also said on Friday that past cases have given the government a better understanding of the practical challenges of investigating transboundary haze offences, and that it will learn from those cases as it assesses the current haze episode and the steps to take.

Investigations into four companies that began in 2015 are still ongoing, the NEA said this week, underscoring difficulty in taking action under the Act.

“It is not easy, I will be the first to admit, but we must try,” she said. “We must try in order to protect Singaporeans, try whatever that is within our control to bring the best outcome for Singapore, even if it may not be so effective.”

Assoc Prof Lim said there can be difficulty in establishing causation – or proving that conduct by a company caused the haze in Singapore.

“Due to the principle of sovereignty, Singapore’s capacity to obtain this information depends on the extent to which Indonesia facilitates or even allows the fact-finding to occur,” she said.