I refer the case of eight-year-old Desmune How Jiakoon who was named by a bank as a guarantor for a car loan taken by a stranger four years ago. I have a few observations to make:

When his father tried to clarify matters with the bank, he not only faced an uncooperative officer but was also told that he could not leave the bank until he settled the arrears! The action by the bank officer is highly irregular and amounts to confining a person against his will, a criminal offence. Four things need to be noted:

  1. The father is not the person named as guarantor, hence holding him is illegal, and he can sue for damages.

  • The purported guarantor is not only a boy of eight but legally an infant in law and hence, common sense should tell the obviously not very intelligent officer that the purported loan agreement is irregular and, in law, void.

  • The bank cannot just dismiss the whole matter with a simple apology and say it is just a mistake. The officer who first approved of the loan obviously did not check or perhaps there was some hanky-panky. He should be sacked and be reported to the police for committing a criminal offence. The officer who held on to the boy's father and insisted that he settle the loan should also be sacked.

  • The press has the responsibility to expose such irregular and high-handed treatment of customers by the mighty banks. Why was the bank not named?

    • If it really happened, the press should not fear any legal action for libel since it is of public interest and is fair comment.