LAWLINK 2016 3 Deans’ DIARY Deans’ Diary
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Rule of Law and Urban Development
The Rule of Law and Urban Development The transformation of Singapore from a struggling, poor country into one of the most affluent nations in the world—within a single generation—has often been touted as an “economic miracle”. The vision and pragmatism shown by its leaders has been key, as has its STUDIES URBAN SYSTEMS notable political stability. What has been less celebrated, however, while being no less critical to Singapore’s urban development, is the country’s application of the rule of law. The rule of law has been fundamental to Singapore’s success. The Rule of Law and Urban Development gives an overview of the role played by the rule of law in Singapore’s urban development over the past 54 years since independence. It covers the key principles that characterise Singapore’s application of the rule of law, and reveals deep insights from several of the country’s eminent urban pioneers, leaders and experts. It also looks at what ongoing and future The Rule of Law and Urban Development The Rule of Law developments may mean for the rule of law in Singapore. The Rule of Law “ Singapore is a nation which is based wholly on the Rule of Law. It is clear and practical laws and the effective observance and enforcement and Urban Development of these laws which provide the foundation for our economic and social development. It is the certainty which an environment based on the Rule of Law generates which gives our people, as well as many MNCs and other foreign investors, the confidence to invest in our physical, industrial as well as social infrastructure. -
This Paper Has Been Published in the Journal of Business Law and The
Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879, t: (65)-6332-1020 _________________________________________________________________________________________________ This paper has been published in the Journal of Business Law and the Supreme Court Library Queensland gratefully acknowledges the permission of the editor, Professor Robert Merkin, to reprint it in the Yearbook. A version of this essay was delivered at the Current Legal Issues Seminar in the Banco Court on 12 September 2013. I would like to express my deepest appreciation to Ms Andrea Gan and Mr Jonathan Yap, Justices’ Law Clerks, Supreme Court of Singapore, as well as to Asst Prof Goh Yihan of the Faculty of Law, National University of Singapore, for their helpful comments and suggestions. I would also like to dedicate this essay to all the participants who displayed an extraordinary (and, I might add, rare) degree of enthusiasm and (above all) friendship. All errors remain mine alone. Further, all views expressed in this essay are personal views only and do not reflect the views of the Supreme Court of Singapore. Andrew Phang Our Vision: Excellence in judicial education and research. Our Mission: To provide and inspire continuing judicial learning and research to enhance the competency and professionalism of judges. The Challenge of Principled Gap-Filling — A Study of Implied Terms in a Comparative Context by The Honourable Justice Andrew Phang Boon Leong* There has been a veritable wealth of literature on implied terms — ranging from doctoral theses1 to book chapters,2 articles3 and (more recently) a book.4 What accounts for this interest? Perhaps the simplest explanation is that it is an extremely important topic with at least two important functions — one substantive, the other theoretical. -
2018 ANNUAL MEETING from Imitation to Innovation
2018 ANNUAL MEETING From Imitation to Innovation NOVEMBER 10 – 12, 2018 DOHA, QATAR HOSTED BY INDEX WELCOME ………………………………………………………………………… 3 AGENDA …………………………………………………………………………... 4 GROUP BREAKOUTS …………………………………………………………… 10 GOVERNING BOARD …………………………………………………………… 13 DOCTRINAL STUDY GROUPS ………………………………………………… 14 UNIVERSITIES ATTENDING …………………………………………………… 15 BOARD OF GOVERNORS ATTENDEES ……………………………………... 17 QATAR UNIVERSITY, COLLEGE OF LAW ATTENDEES …………………. 21 JUDICIAL ATTENDEES …………………………………………………………. 25 ATTENDEES ……………………………………………………………………… 29 SECRETARIAT …………………………………………………………………… 58 SINGAPORE DECLARATION ………………………………………………….. 59 MADRID PROTOCOL ……………………………………………………………. 61 JUDICIAL STANDARDS OF A LEGAL EDUCATION ……………………….. 62 SELF-ASSESSMENT REPORT ………………………………………………… 63 EVALUATION, ASSISTANCE, AND CERTIFICATION PROGRAM ……….. 66 2 WELCOME On behalf of all the members of the International Association of Law Schools Board of Governors, we want to welcome each and every one of you to our 2018 Annual Meeting. This is our eleventh annual meeting where over 115 law teachers from more than 30 countries have gathered together to discuss and formulate new strategies to improve legal education globally. Almost half of our participants are senior law school leaders (deans, vice deans and associate deans). We warmly welcome all the familiar faces from these many years – welcome and thank you for your continued engagement in advancing the cause of improving legal education globally. For those who are new, a special warm welcome from our community. Please meet your colleagues from around the world. We look forward to working with you in this challenging and engaging effort. The IALS is a non-political, non-profit learned society of more than 160 law schools and departments from over 55 countries representing more than 7,500 law faculty members. One of our primary missions is the improvement of law schools and conditions of legal education throughout the world by learning from each other. -
The Criminal Procedure Code 2010
(2011) 23 SAcLJ Modernising the Criminal Justice Framework 23 MODERNISING THE CRIMINAL JUSTICE FRAMEWORK The Criminal Procedure Code 2010 The concept of “balancing” prevalent in criminal justice discourse is premised on a paradigm where “state” and “individual” interests are perpetually in conflict. This article outlines the key components of the new Criminal Procedure Code 2010 and discusses another dimension of the state- individual relationship. Rather than being inherently incompatible, synergistic common goals can, on occasion, be pursued between the State and an accused. The article will also consider areas in the Criminal Procedure Code 2010 where conflicts between “state” and “individual” interests have in fact arisen, and will outline the pragmatic approach that has been adopted towards their resolution. Melanie CHNG* LLB (Hons) (National University of Singapore), LLM (Harvard); Advocate & Solicitor (Singapore); Assistant Director, Ministry of Law. The criminal process is at the heart of the criminal justice system. It is not only a subject of great practical importance; it is also a reflection of our ideals and values as to the way in which we can accord justice to both the guilty and to the innocent.[1] I. Introduction 1 The recent legislative amendments to Singapore’s Criminal Procedure Code (“CPC”) signify a new chapter in the continuing evolution of Singapore’s criminal justice process. The new Criminal Procedure Code 2010 (“New CPC”),2 which came into force on * The opinions expressed in this article are those of its author and are not representative of the official position or policies of the Singapore government. The author is grateful to Mr Amarjeet Singh SC, Ms Jennifer Marie SC, Mr Bala Reddy, Professor Michael Hor, Mr Subhas Anandan, Ms Valerie Thean and Mr Desmond Lee for their invaluable comments on an earlier draft of this article. -
The Development of Singapore Law: a Bicentennial Retrospective1
(2020) 32 SAcLJ 804 (Published on e-First 8 May 2020) THE DEVELOPMENT OF SINGAPORE LAW: A BICENTENNIAL RETROSPECTIVE1 The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation and empirical legal studies. Andrew PHANG Judge of Appeal, Supreme Court of Singapore. GOH Yihan Professor of Law, School of Law, Singapore Management University. Jerrold SOH Assistant Professor of Law, School of Law, Singapore Management University; Co-Founder, Lex Quanta. I. Introduction 1 The present article, which reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year since the founding of Singapore by Sir Stamford Raffles in 1819, is of particular significance as English law constitutes the foundation of Singapore law. The role of Raffles and his successors, therefore, could not have been more directly 1 All views expressed in the present article are personal views only and do not reflect in any way the views of the Supreme Court of Singapore, the Singapore Management University or Lex Quanta. Although this article ought, ideally, to have been published last year, the immense amount of case law that had to be analysed has led to a slight delay. -
[Webinar] SAL Annual Review Series 2021 Singapore Cases in 2020
[Webinar] SAL Annual Review Series 2021 Singapore Cases in 2020 In conjunction with the Singapore Academy of Law's Annual Review of Singapore cases 2020, this series of webinars will evaluate the decisions of the Singapore Courts in 2020 as well as highlight the developments in the principal areas of the law that have taken place since. L I FTED by Legal Practitioner Specialisms Webinar In-House Counsel Specialisms Legal Support Specialisms SAL Annual Review Series 2021 Annual Review of 2020 Cases on: Wed, 23 Jun Land Law Register here 1.5 CPD 4pm - 5.30pm Wed, 30 Jun Confidential Information and Data Protection Register here 1.5 CPD 4pm - 5.30pm Mon, 19 Jul Criminal Law Register here 1.5 CPD 4pm - 5.30pm Thu, 22 Jul Competition Law Register here 1.5 CPD 4pm - 5.30pm Tue, 27 Jul Tort Law Register here 1.5 CPD 4pm - 5.30pm Wed, 28 Jul Intellectual Property Law Register here 1.5 CPD 4pm - 5.30pm Wed, 11 Aug Muslim Law Register here 1.5 CPD 4pm - 5.30pm Registration All prices indicated include GST. Annual Review Series 2021 Bundle A: SGD 385.20 SGD 267.50 1. Confidential Information and Data Protection 2. Competition Law 3. Tort Law 4. Intellectual Property Law Annual Review Series 2021 Bundle B: SGD 385.20 SGD 267.50 1. Land Law 2. Criminal Law 3. Tort Law 4. Muslim Law Price per session SGD 96.30 SAL Associate Student Member (To apply, click here) SGD 32.10 per session SAL Annual Review Series 2021 Tue, 23 June Annual Review of 2020 Cases on Land Law This session will encompass a discussion on selected cases decided in the past 5 years up to December 2020. -
SOL LLM Brochure 2021 Copy
SMU – Right in the Heart of Asia’s Hub, Singapore Masters of Laws In the dynamic, cosmopolitan hub that is Singapore, you will find a vibrant city-state that pulses with the diversity of both East and West. LL.M. in Judicial Studies Situated at the cross-roads of the world, Singapore is home to multinational companies and thousands of small and medium-sized LL.M. in Cross-border Business and Finance Law in Asia enterprises flourishing in a smart city renowned for its business excellence and connectivity. With its strong infrastructure, political Dual LL.M. in Commercial Law (Singapore & London) stability and respect for intellectual property rights, this City in a Garden offers you unique opportunities to develop as a global citizen. Thorough. Transnational. Transformative. Tapping into the energy of the city is a university with a difference — the Singapore Management University. Our six schools: the School of Accountancy, Lee Kong Chian School of Business, School of Computing and Information Systems, School of Economics, Yong Pung How School of Law, and School of Social Sciences form the country’s only city campus, perfectly sited to foster strategic links with businesses and the community. Modelled after the University of Pennsylvania’s Wharton School, SMU generates leading-edge research with global impact and produces broad-based, creative and entrepreneurial leaders for a knowledge-based economy. Discover a multi-faceted lifestyle right here at SMU, in the heart of Singapore. The SMU Masters Advantage GLOBAL RECOGNITION SMU is globally recognised as one of the best specialised universities in Asia and the world. -
Singapore C of a on Consideration in Variation of Contracts.Pdf
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 106 Civil Appeal No 45 of 2019 Between Ma Hongjin … Appellant And SCP Holdings Pte Ltd … Respondent In the matter of HC/Suit No 765 of 2016 Between Ma Hongjin … Plaintiff And (1) SCP Holdings Pte Ltd (2) Biomax Technologies Pte Ltd … Defendants GROUNDS OF DECISION [Contract] — [Consideration] — [Necessity] [Contract] — [Consideration] — [Failure] [Contract] — [Variation] — [Consideration] [Civil Procedure] — [Pleadings] [Civil Procedure] — [No case to answer] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND ..............................................................................................4 THE DECISION BELOW ..............................................................................7 THE PARTIES’ ARGUMENTS ON APPEAL.............................................9 ISSUES ............................................................................................................10 OUR DECISION ............................................................................................11 ISSUE 1: THE APPLICABLE TEST UPON A SUBMISSION OF NO CASE TO ANSWER ........................................................................................................11 ISSUE 2: WHETHER THE APPELLANT HAD ADEQUATELY PLEADED THAT THE SA WAS SUPPORTED BY CONSIDERATION ...............................................16 ISSUE 3: WHETHER CL 9.3 OF THE CLA DISPENSED WITH THE NEED FOR FRESH CONSIDERATION -
OPENING of the LEGAL YEAR 2019 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2019 Speech by Attorney-General, Mr Lucien Wong, S.C. Monday, 7 January 2019 Supreme Court Building, Level Basement 2, Auditorium May it please Your Honours, Chief Justice, Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court, Introduction: AGC in Support of the Government, for the People 1 2018 was a fast-paced year for the Government and for the Attorney-General’s Chambers. The issues occupying the thoughts of Singapore’s leaders were complex and varied, with several key themes coming to the fore. These themes shaped our work over the past year, as we strove to be a strategic partner in support of the Government’s plans and initiatives, for the benefit of our country and its citizens. I will touch on three of these themes. 2 The first theme was our Smart Nation. This initiative aims to tap on the ongoing digital revolution in order to transform Singapore through technology. The Smart Nation vision is for Singapore to be a world-class leader in the field of digital innovation, resting on the triple pillars of a digital economy, digital government, and digital society. The Smart Nation revolution will play a critical part in ensuring our continued competitiveness on the world stage, powered by digital innovation. 1 3 Data sharing was and continues to be a critical aspect of this initiative. To this end, a new law was passed in 2018 which introduced a data sharing regime among different agencies in the Singapore Government. The Public Sector (Governance) Act 2018, which was drafted by our Chambers in support of this initiative, underpins and formalises a data sharing framework for the Singapore public sector. -
Lee Kuan Yew Continue to flow As Life Returns to Normal at a Market at Toa Payoh Lorong 8 on Wednesday, Three Days After the State Funeral Service
TODAYONLINE.COM WE SET YOU THINKING SUNDAY, 5 APRIL 2015 SPECIAL EDITION MCI (P) 088/09/2014 The tributes to the late Mr Lee Kuan Yew continue to flow as life returns to normal at a market at Toa Payoh Lorong 8 on Wednesday, three days after the State Funeral Service. PHOTO: WEE TECK HIAN REMEMBERING MR LEE KUAN YEW SPECIAL ISSUE 2 REMEMBERING LEE KUAN YEW Tribute cards for the late Mr Lee Kuan Yew by the PCF Sparkletots Preschool (Bukit Gombak Branch) teachers and students displayed at the Chua Chu Kang tribute centre. PHOTO: KOH MUI FONG COMMENTARY Where does Singapore go from here? died a few hours earlier, he said: “I am for some, more bearable. Servicemen the funeral of a loved one can tell you, CARL SKADIAN grieved beyond words at the passing of and other volunteers went about their the hardest part comes next, when the DEPUTY EDITOR Mr Lee Kuan Yew. I know that we all duties quietly, eiciently, even as oi- frenzy of activity that has kept the mind feel the same way.” cials worked to revise plans that had busy is over. I think the Prime Minister expected to be adjusted after their irst contact Alone, without the necessary and his past week, things have been, many Singaporeans to mourn the loss, with a grieving nation. fortifying distractions of a period of T how shall we say … diferent but even he must have been surprised Last Sunday, about 100,000 people mourning in the company of others, in Singapore. by just how many did. -
[2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant and (1) BRQ (2) BRR … Respondents in the Matter of Or
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant And (1) BRQ (2) BRR … Respondents In the matter of Originating Summons No 770 of 2018 Between (1) BRS … Plaintiff And (1) BRQ (2) BRR … Defendants Civil Appeal No 35 of 2019 Between (1) BRQ (2) BRR … Appellants And (1) BRS … Respondent In the matter of Originating Summons No 512 of 2018 Between (1) BRQ (2) BRR … Plaintiffs And (1) BRS (2) BRT … Defendants JUDGMENT [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Whether three-month time limit extended by request for correction] [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Breach of natural justice] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND FACTS ................................................................................2 THE PARTIES ...................................................................................................3 THE SPA.........................................................................................................3 THE BULK POWER TRANSMISSION AGREEMENT .............................................6 DELAYS IN THE PROJECT AND COST OVERRUN ...............................................6 THE ARBITRATION...........................................................................................7 Relief sought...............................................................................................8 -
Constitutional Documents of All Tcountries in Southeast Asia As of December 2007, As Well As the ASEAN Charter (Vol
his three volume publication includes the constitutional documents of all Tcountries in Southeast Asia as of December 2007, as well as the ASEAN Charter (Vol. I), reports on the national constitutions (Vol. II), and a collection of papers on cross-cutting issues (Vol. III) which were mostly presented at a conference at the end of March 2008. This collection of Constitutional documents and analytical papers provides the reader with a comprehensive insight into the development of Constitutionalism in Southeast Asia. Some of the constitutions have until now not been publicly available in an up to date English language version. But apart from this, it is the first printed edition ever with ten Southeast Asian constitutions next to each other which makes comparative studies much easier. The country reports provide readers with up to date overviews on the different constitutional systems. In these reports, a common structure is used to enable comparisons in the analytical part as well. References and recommendations for further reading will facilitate additional research. Some of these reports are the first ever systematic analysis of those respective constitutions, while others draw on substantial literature on those constitutions. The contributions on selected issues highlight specific topics and cross-cutting issues in more depth. Although not all timely issues can be addressed in such publication, they indicate the range of questions facing the emerging constitutionalism within this fascinating region. CONSTITUTIONALISM IN SOUTHEAST ASIA Volume 2 Reports on National Constitutions (c) Copyright 2008 by Konrad-Adenauer-Stiftung, Singapore Editors Clauspeter Hill Jőrg Menzel Publisher Konrad-Adenauer-Stiftung 34 Bukit Pasoh Road Singapore 089848 Tel: +65 6227 2001 Fax: +65 6227 2007 All rights reserved.