For high-profile or high-net-worth individuals in certain jurisdictions, domestic disputes can quickly transform into politically motivated criminal allegations, resulting in reputational damage, and the risk of losing personal freedom. In recent months, one particular asylum case in the UK has shown how the asylum system can provide a vital shield, including for those with significant means and global connections.
In 2024, it was revealed that Lee Hsien Yang, the younger brother of Singapore's former Prime Minister, had been granted asylum in the UK alongside his wife, on the basis of political persecution. Lee sought political asylum in 2022, calling it a "last resort" and citing ongoing persecution by the Singaporean Government.
The backdrop was a long-running family and political dispute between Lee and his brother, following the death of their father, Lee Kuan Yew, in 2015. Lee, his wife and one of their sons have been subject to investigations and legal action brought by the Government after Lee publicly criticised the Singaporean Government, endorsed its opposition and alleged it facilitated money laundering. The string of criminal investigations was part of what Lee has described as a pattern of persecution. This reflects what we often see in similar cases, where there are hallmarks of persecution that can include using a number of investigative agencies and many different cases, as well as fast-tracked processes with little or no regard for due process.
Singapore is widely seen as a stable jurisdiction with a robust legal system. Yet the UK recognised that political dynamics placed Lee at real risk and accepted that he had a "well-founded fear of persecution" and could not safely return to Singapore. This case illustrates that it is not always the most obvious jurisdictions where people need protection; it can depend heavily on the unique circumstances of the individual. Asylum for high-net-worth and high-profile cases often involves a different strategic and tailored approach in which we are well versed and have extensive expertise.
We do not share details of our own high-profile cases, as confidentiality is paramount, and none of our clients' matters are public.
However, we can highlight lessons that are highly relevant to others now facing early warning signs of politically motivated prosecution:
- Asylum is not just for the powerless – Even those with significant resources, influence or multiple passports may need to rely on international protection.
- Timing matters – Options such as residency rights, second citizenships or relocation need to be considered as early as possible, otherwise these may prove a hindrance rather than a help.
- Asset protection – Some assets may be at risk of being frozen or seized, and attempting to move assets in such circumstances can give rise to the risk of criminal liability. Seeking advice as quickly as possible is therefore essential.
- Extradition and reputation risks – Once charges are filed overseas, the risk of an extradition request and adverse press coverage becomes immediate. Co-ordinating legal, investigative, and potential PR responses is essential. There is also pre-emptive work that can be done if a request is anticipated, for example, to seek to increase the prospects of being granted bail.
- Life after protection – If asylum is granted and/or extradition successfully resisted, the focus shifts to rebuilding legally, reputationally, professionally, and personally. A key aspect of this rebuilding process is around securing the freedom to travel and considering safe passage assurances, which is essential for accessing opportunities, restoring personal autonomy, and reconnecting with friends, family and professional networks.
How Mishcon de Reya can help
At Mishcon de Reya, we work with clients, their family offices, advisers, and professional networks to:
- Develop plan B strategies where there are early signs of political or criminal risk. There are many ways we can assist individuals wanting to protect their assets and conduct wealth planning in the UK, even before a risk is identified.
- Advise on immigration routes, including protection options such as asylum for those in the UK where a risk has been identified or, where the risk is still hypothetical, other viable immigration routes depending on the circumstances of the individual.
- Defend clients in extradition proceedings and manage the intersection with their immigration status and other legal issues such as tax, family, or reputation management.
If you or your client is concerned about the risk of politically motivated prosecution overseas, the key is to act early. Even the most prominent figures can require asylum protection, and even apparently stable jurisdictions can still present risk in certain situations if the political will is strong enough to target someone. We have seen many cases of this affecting a wide range of individuals, from royal family members and former government officials to businesspeople whose wealth has made them of interest to the state.
Our Protecting People Internationally team can advise on the options now, before events escalate, or if they already have, we are here to help protect you or your client. Please reach out to Lucy Humphreys or Maria Patsalos if you require further information.