Features
Sri Lankan who founded Bangkok law Firm that has prevailed for 130 years
No answer to why Sinhalese solicitor split his original name into two
Little did William Alfred Goone Tilleke know when he stepped ashore Siam in 1890 that he would create a law firm that would endure for over 130 years.
In 1890, William Alfred Goone Tilleke, a 31-year-old Singhalese solicitor, came to Siam (now Thailand) to build his legal career. Within four years, Tilleke made an international name for himself through his successful defense of the Siamese military commander Phra Yod Muang Khwang, whose prosecution for killing a French officer was demanded by the Franco-Siamese treaty.
Through the early twentieth century, the firm was stewarded by several British partners, including Ralph Gibbins, Samuel Brighouse, Reginald Atkinson, and Victor Jaques. Like Tilleke, each partner played a key role not only in the firm’s success, but also in the development of the Thai legal system. The firm’s partners served the Kingdom of Siam in many capacities, including as advisors to the Ministry of Justice and the Thai Royal Family.
Following World War II, Tilleke & Gibbins was acquired by American lawyers Albert and Freda Lyman. Along with their Thai partner, Roland (later Rojvit) Periera, the Lymans oversaw the growth of the firm’s international client base, while ensuring that the firm remained a pillar of Thai society by contributing to the founding of the American Association of Thailand (now the American Chamber of Commerce) and the Bangkok Stock Exchange (now the Stock Exchange of Thailand).
In the 1980s, David Lyman succeeded his father as the firm’s senior partner. During this period, the firm expanded internationally, with the opening of offices in Vietnam and membership in leading international law firm networks, beginning with Lex Mundi in 1989. In 2006, Tilleke & Gibbins appointed Darani Vachanavuttivong and Tiziana Sucharitkul as Managing Partners of the firm.
The history of Tilleke & Gibbins is one we share with our clients, our community, and the Kingdom of Thailand.
Wise Counsel:
A History of Thailand’s Oldest Law Firm
To celebrate the firm’s 120th anniversary in 2010, Tilleke & Gibbins released Wise Counsel, a 236-page illustrated chronicle of the firm. Published by Mark Standen and written by John Hoskin, Wise Counsel traces the firm’s development from William Alfred Goone Tilleke’s arrival in the Kingdom of Siam in 1890 through the various changes that have made the legal practice what it is today. The book features an impressive collection of historical photos, key partner profiles, and discussions of major cases, making it an excellent addition to any history enthusiast’s bookshelf.
When the young barrister William Alfred Goone Tilleke came to Siam in 1890, his future was delicately poised. Already highly accomplished, the 31-year-old Singhalese had left behind security and prestige enjoyed in his native Ceylon to seek his fortune in Siam, Southeast Asia’s last surviving independent state. Tilleke stepped ashore at Bangkok to enter into a life that held not just promise, but also the chance, if firmly grasped, to play a significant role in the development of modern Siam.
William Alfred Goone Tilleke made an international name for himself as defense counsel for the Siamese military commander Phra Yod Muang Khwang—whose prosecution for killing a French officer was demanded by the Franco-Siamese treaty. At the end of Tilleke’s brilliant cross-examination, the testimony of the principal prosecution witness, Bun Chan, sounded hopelessly unconvincing. All seven judges returned a verdict of Not Guilty.
Gibbins Joins the firm in 1902
The Tilleke & Gibbins partnership, joined by Ralph Gibbins in approximately 1902, was engaged in several famous cases, including a long trial concerning the settlement of the estate of the famous Admiral John Bush, the founder of the Bangkok Dock Company and former harbormaster.
Under the leadership of Samuel Brighouse and Reginald Atkinson, beginning in 1911, the law firm of Tilleke & Gibbins represented most of the leading firms in Bangkok, including The Bombay Burmah Trading Corporation Ltd., The East Asiatic Co. Ltd., The Anglo-Thai Corporation, and The Borneo Company Ltd
Tilleke & Gibbins was retained by the Privy Purse to assist in managing the private financial affairs of the King and the Royal Family. To conduct this business, Samuel Brighouse made a weekly visit to the Privy Purse and, with his car emblazoned with a large crest in the shape of a bull’s head that served as an entry pass to the royal offices, he became a familiar sight in Bangkok’s burgeoning traffic. The firm continued to represent the Privy Purse until 1932, the year of the bloodless coup that changed Siam’s political system from an absolute to a constitutional monarchy.
World War 1 1914
Samuel Brighouse and Reginald Atkinson, equally courageous and patriotic, both wished to fight for their country in World War I. As one of them would have to stay and take care of the business in Bangkok, family history has it that the two lawyers drew lots with Atkinson being the winner or loser, depending on your point of view. Atkinson joined the Welsh Cavalry as a lieutenant and served with distinction, finishing the war at the rank of major. Following the armistice of 1918, he lost no time in returning to Bangkok.
On March 7, 1917, a few days after suffering a heart attack, William Alfred Goone Tilleke died at his home at the age of 58. Tilleke served the Kingdom of Siam in many capacities including as a public prosecutor, Attorney General, and privy councilor. Tilleke also served on the drafting committees for Penal Law, the Constitution of the Courts of Justice and Civil Procedure, and the Civil and Commercial Code. Among the many titles and royal honors bestowed upon Tilleke, the title of Phra Attakarn Prasit continues to mark the lane where Tilleke lived, Soi Attakarn Prasit (Sathorn Soi 1).
Tilleke & Gibbins handled 37 court cases in 1937, the figure rising to 61 in 1940. The litigation was wide ranging, from the formation of companies to debt, bankruptcy, motor accidents, murder, attempted murder, and one case involving the Asiatic Petroleum Company, intriguingly referred to as “dangerous or noxious trades.”
Japanese forces land in Thailand 1941
On December 8, 1941, Japanese forces landed in Thailand. The Japanese took effective control of Bangkok and the Thai government remained in power in little more than name. Luckily, Reginald Atkinson, Victor Jaques, and their families had previously departed from Thailand. Samuel Brighouse was less fortunate; he, his wife, and all but their youngest daughter Jane (who was at school in Malaya and managed to escape to Australia) were caught in Bangkok and interned. For the first time since its establishment, Tilleke & Gibbins ceased operations.
Among the expatriates not interned was Ina Jorgensen, secretary to Victor Jaques, who retained her freedom as a national of Denmark, a country occupied by the Axis powers. Jorgensen was a resourceful and intrepid woman and was successful in not only keeping an eye on the Tilleke & Gibbins office, which had been occupied by the Japanese military, but also in preserving the documents of foreign companies and other clients held by the firm. Jaques would later assign the trademark side of the business to Jorgensen as a reward for her loyalty in safeguarding the firm’s interests during World War II.
In January 1945, Victor Jaques joined Force 136 of Britain’s Special Operations Executive (SOE) to execute an operation coded “Panicle.” The Allies believed that by connecting Pridi Phanomyong, a potential resistance leader in Thailand and the overall leader of the Free Thai Movement since 1943, with the Free Thai Movement overseas, they could undermine Japanese control in Thailand. Jaques was uniquely suited to infiltrate Thailand, make contact with Pridi, and act as a liaison between the Free Thai and Allied Command. Jaques successfully completed this mission, was promoted from acting to full brigadier, and was briefly the temporary British military governor of Thailand.
Tilleke & Gibbins was back in business, its usual caseload augmented by war claims against the Thai government on behalf of individuals and European companies. Victor Jaques, the sole remaining partner after the war, brought into the firm a young trial lawyer named Roland (later Rojvit) Periera.
In the 1950s and 1960s, much of Albert Lyman’s attention was taken up with legislation and activities concerning trademarks and their infringement. This was a business he had to build up from scratch, as all such intellectual property work previously handled by the firm was transferred to Jorgensen after World War II. Borrowing the idea from a similar procedure used by Western colonial powers in China, Albert developed consular registration for patents, which went some way to providing protection for patent holders. The groundwork laid by Lyman in these areas bore abundant fruit in later years when Tilleke & Gibbins became one of the foremost legal experts on intellectual property.
In July 1951, Albert Lyman bought Tilleke and Gibbins from Victor Jacques for the price of USD 2,500 which he had borrowed from his wife, Freda Lyman. Under the leadership of the Lymans, the firm added more recently arrived and mainly (though not exclusively) American companies, including Caltex, Getz Bros & Co., Pepsi-Cola, Chase Manhattan, and Bank of America to its roster of clients, which continue to include established British trading concerns such as The Borneo Company Ltd. and foreign banks like the Hong Kong and Shanghai and the Mercantile Bank.
In 1950, Albert Lyman was a founding member of the American Association of Thailand which, in 1957, evolved into the American Chamber of Commerce, with Albert as one of its co-founders and its legal adviser for many years. Albert was also the inspiration for the founding of the Bangkok Stock Exchange (now the Securities Exchange of Thailand) in 1961 and served as its chairman for 10 years.
Through her work with the American Women’s Club, Freda Lyman became actively involved with charitable activities aimed at aiding crippled children. She played a large part in the creation of the Foundation for Crippled Children, which in turn led to other welfare projects such as the Cheshire Homes. In recognition of this work, Freda was awarded the Most Noble Order of the Crown of Thailand 5th Class in 1961, making her the first foreign woman to be decorated by His Majesty King Bhumibol Adulyadej.
In 1967, David Lyman, the son of Albert and Freda, joined Tilleke & Gibbins and began developing new clients and new systems for the firm. By the mid-1970s, business was expanding noticeably, especially in the fields of intellectual property and commercial and corporate business. Increasingly, large international contracts were secured and, for example, Tilleke & Gibbins handled the formation of Diners Club and American Express in Thailand, marking the first major entry of credit card companies into the country.
Largest case in Thai history 1970s
In his long career with the firm, Roland (later Rojvit) Periera appeared in more than 1,000 cases, many of them ranking among Bangkok’s most notable post-World War II trials. One of these cases was, at the time, the largest in Thai history in 1971, involving suit worth THB 400 million between Siam Kraft Paper and Parsons & Whitmore, a construction company, concerning the Siam Kraft factory in Kanchanaburi. He succeeded in securing a satisfactory outcome to the litigation for Parsons & Whitmore. Periera was also the lead attorney for Air India in a successful case involving the Customs Department (1976) and secured a victory for the Bank of America in a case involving deferred taxes (1970). Periera would later be joined at the firm by his sons Thanes and Santhapat Periera.
On April 10, 1984, Albert Lyman succumbed to diabetes. He was followed by his wife, Freda Lyman, who passed away on July 18, 1986. Anecdotes abound attesting to the high regard in which Albert Lyman was held by all who knew him. As part of the after-dinner entertainment at a party hosted by the British Ambassador, eight British and two American guests were posed the hypothetical question of whom they would contact if they suddenly found themselves in a dangerous or threatening situation in Thailand and could make only one telephone call. Not one of the guests gave the obvious answer (of getting in touch with their embassy), but six of them did agree—they would call Albert Lyman.
In 1989, Lex Mundi contacted David Lyman, which resulted in Tilleke & Gibbins joining what is the world’s premier international grouping of independent law firms. This membership grew to give the firm access to the expertise and experience of more than 21,000 attorneys in over 160 jurisdictions, thus vastly enhancing its services in handling cross-border transactions. In becoming a member of Lex Mundi (and subsequently several other international legal networks), Tilleke & Gibbins anticipated the trend towards globalization that continued through the last decade of the twentieth century and into the new millennium.
Expanding to Vietnam 1992
In July 1992, Tilleke & Gibbins became the first foreign law firm to be granted a licensed to establish a representative office in Vietnam. The new office, located in Ho Chi Minh City, the commercial heart of the unified Vietnam, was followed by the establishment in January 1994 of a branch office in Hanoi, the nations capital. Both offices were awarded full branch office licenses in 1996.
In 1993, Tilleke & Gibbins launched the Second Hundred Years Forest Project, a community project in recognition of the firm’s second century of client service. Working with the Rajapruek Foundation, the Royal Thai Army, the Royal Forestry Department, and friends of the firm, including long-time client, the Thoresen Group, the firm planted over 100,000 trees in five phases between 1993 and 2010. The Second Hundred Years Forest Project is currently in its sixth phase.
On August 4, 2006, Tilleke & Gibbins appointed Darani Vachanavuttivong and Tiziana Sucharitkul as Co-Managing Partners of the firm. Darani Vachanavuttivong heads the firm’s intellectual property group and is a formidable enforcer of intellectual property rights, including trademarks, copyrights, and patents. Darani is currently recognized as a top IP practitioner by such publications as
On August 1, 2008, Tilleke & Gibbins and Pacific Legal Group (Thailand) Ltd. merged their practices. This combination allowed the firm to offer clients Thai Food and Drug Administration (FDA) and Ministry of Agriculture (MOA) registration and regulatory compliance services of the highest quality rendered by the largest and most experienced group of Thai FDA and MOA registration and regulatory compliance specialists. (Tilleke & Gibbins)
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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