Annual Report 2011 (V6111027)
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Annual Report 2010 - 2011 Contents
Annual Report 2010 - 2011 Contents 2 Foreword by the Attorney-General 6 Remembrance and Congratulations 10 Our Mission, Vision and Core Values 13 Our Roles 15 Our Corporate Structure A. AGC’s Management Team B. Six Legal Divisions and Two Non-Legal Divisions 29 Our Key Milestones A. As The Government’s Chief Legal Adviser and Counsel i. AGC’s Advisory Work ii. AGC’s Involvement in Litigation iii. AGC in Negotiations iv. AGC as Legislative Draftsman B. As Public Prosecutor C. In Performing Other Assigned Duties of a Legal Character D. Our Corporate Resources 61 Our Training, Development and Outreach 67 The Ties that Bind Us 71 Key Figures for 2010-2011 A. Corporate Awards B. Performance Indicators C. Financial Indicators for FY2010-FY2011 Attorney-General’s Chambers ANNUAL REPORT 2010 - 2011 1 FOREWORD BY THE ATTORNEY-GENERAL As we look back on these past years, the taxation policies and policies concerning adjust to these changes so that we can function perceptible increase in the complexity of our casino regulation. Cross-Divisional teams effectively. work is particularly striking. This growing were also engaged to deal with cases before complexity has in turn given rise to two the Singapore Courts when we were required With this in mind, I have intensified the consequences, which I elaborate on below. to address constitutional challenges and also commitment of my Chambers to the training, to defend Singapore’s judiciary in the face of development and specialisation of our officers contempt. so that we are well placed to support the THE NEED FOR Government with the highest level of legal iNTER-dIVISIONAL This is perhaps a reality that is ultimately to be services. -
The Lion and the Tiger
Trade & investment Cover story The lion and the tiger Singapore is seeking to enhance its standing as India’s business hub for Asia. Yet as India’s legal and financial markets mature, its reliance on offshore expertise and capital may be falling Vandana Chatlani reports elcome to Singapore – India’s most efficient city. a partner at Clifford Chance. It may be working: “A number At least that’s how the Singaporean government of Indians joke that Singapore is India’s fifth metro,” says W would like its equatorial republic to be perceived. Narayan Iyer, a partner at Linklaters. “The biggest metro ... Singapore has worked hard to strengthen ties with India and and everything works!” promote the city as a base for inbound and outbound Indian Indians comprise Singapore’s third-largest ethnic group investment. The Comprehensive Economic Cooperation and have played a prominent role in its political and economic Agreement signed between the two countries on 1 August development. Ethnic Indians such as Singapore’s sixth and 2005 focuses on bilateral investment, trade, security and edu- current president, SR Nathan, continue to hold high office. It is cational interests and is the first such extensive agreement even believed that the Sanskrit words simha and puram – lion between India and any of its trading partners. city – gave the island its name. “The Singapore government is encouraging people to think “Singapore has a significant and very successful Indian of Singapore as another state of India,” says Rahul Guptan, population, throughout the Singaporean legal community, November 2009 India Business Law Journal 19 Cover story Trade & investment The Singapore government is International legal hub encouraging people to think Most foreign law firms operating in Singapore provide of Singapore as another English, US or Australian law advice. -
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. -
Opening of the Legal Year 2019
ISSUE 01 • MAY 2019 OPENING OF THE LEGAL STATE COURTS TOWERS: FAMILY JUSTICE COURTS YEAR 2019: THE NEXT STRUCTURAL WORKS WORKPLAN 2019: CHAPTER IN OUR JOURNEY COMPLETED EVERY OUTCOME – A WAY FORWARD JUDICIARY TIMES • MAY 2019 02 HIGHLIGHTS OPENING OF THE LEGAL YEAR 2019: HIGHLIGHTS THE NEXT CHAPTER Opening of the Legal Year 2019: 01 The Next Chapter in Our Journey IN OUR JOURNEY State Courts Towers: 03 Structural Works Completed Family Justice Courts Workplan 2019: 04 Every Outcome – A Way Forward EVENTS & INITIATIVES State Courts Workplan 2019: 05 2020 and Beyond Supreme Court Strategic Compass 06 2019 - 2022 SICC Conference 07 Judicial Insolvency Network Meeting 07 The 2nd Asean Family Judges Forum 08 CAPS Dialogue with Family Service 08 Centres Family Mediation Symposium 09 State Courts Re-appoint Volunteer 09 Mediators The Executive Leadership Programme 10 Led by The Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench adorned their ceremonial robes to Counter-terrorism Exercise at the 11 herald the Opening of Legal Year on 7 January at the Supreme Supreme Court Court Auditorium. Invited guests from the legal community, including legal luminaries from abroad, were addressed by Free Food and Books Available in 11 Chief Justice, Attorney-General Lucien Wong, and Mr Gregory the Courthouse Vijayendran, SC, President of the Law Society, who took stock of the work done in the past year, and set out the directions ahead. Read the full response at: www.supremecourt.gov.sg/news/speeches/ NOTABLE VISITS 12 In his address, Chief Justice exhorted the legal community to shift their collective attention to prepare themselves for a Bringing the day’s event to a close, dramatically changing legal landscape that is being reshaped Chief Justice and Mrs Menon hosted WHAT’S NEW? 15 by three significant forces: globalisation, technology, and the the annual Judiciary Dinner at the growing commercialisation of the law. -
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. -
(Dawn Tan 11 Mar 10) Final
About Dawn Dawn graduated with First Class Honours from the National University of Singapore Law School in 1997. In 2002 she took a Master of Laws degree from the Harvard Law School where she again achieved academic distinction. Dawn completed her pupilage under Mr Michael Hwang, S.C. at Allen & Gledhill (now Allen & Gledhill LLP) and was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in May 1998. Dawn is also admitted as a Solicitor in England and Dawn Tan Ly-Ru Wales and an Attorney and Counselor-at-Law of the State of New York. Between 1998 and 1999, Dawn was a Justices’ Law Clerk in the Chambers of the former Chief Justice, Mr Yong Pung How. She then served as an Assistant Registrar at the Supreme Court Contact Details Registry and concurrently took up teaching appointments at the National University of Singapore Law School and the then T: 656.225.3819 Department of Law of the Singapore Management University. F: 656.224.1891 Between 2004 and 2006, Dawn was Deputy Director Trade at the Ministry of Trade and Industry where she was involved in the E: [email protected] formulation and implementation of Singapore’s foreign trade policy. She negotiated the Trade in Goods, Rules of Origin and Qualifications Trade Remedies Chapters of Singapore’s Free Trade Agreements with India, Panama, Chile, New Zealand and Brunei (known as LL.B. (Hons), National University of the “Pacific 4”), Kuwait and Pakistan. She also advised on the Singapore (1997) legality of actions taken by other countries, such as anti-dumping LL.M., Harvard Law School (2002) measures, against Singapore companies. -
7. Civil Procedure
(2008) 9 SAL Ann Rev Civil Procedure 143 7. CIVIL PROCEDURE Cavinder BULL SC MA (Oxford), LLM (Harvard); Barrister (Gray’s Inn), Attorney-at-Law (New York State); Advocate and Solicitor (Singapore). Jeffrey PINSLER SC LLB (Liverpool), LLM (Cambridge), LLD (Liverpool); Barrister (Middle Temple), Advocate and Solicitor (Singapore); Professor, Faculty of Law, National University of Singapore. Appeals Leave to appeal 7.1 In Blenwel Agencies Pte Ltd v Tan Lee King [2008] 2 SLR 529, the Court of Appeal held that where the High Court has refused leave to appeal against a decision of the District Court, there can be no further recourse after the High Court has adjudicated on the matter. This case was an extension of the Court of Appeal’s previous judgment in SBS Transit Ltd v Koh Swee Ann [2004] 3 SLR 365, which concerned an application for leave to appeal against the decision of a Magistrate’s Court. 7.2 Andrew Phang JA reiterated the fundamental principle that where a legal decision cannot be appealed against as of right but requires express permission from a named authority before it can be appealed against, the decision of that authority as to whether or not to grant leave to appeal is final (Blenwel Agencies Pte Ltd v Tan Lee King [2008] 2 SLR 529 at [14]). It is clear from s 21(1) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) that the High Court is the authority with the final say as to whether to grant or refuse leave to appeal against a decision of the Subordinate Courts. -
Minlaw) Invited Applications for the Second Round of Qualifying Foreign Law Practice (QFLP) Licences on 1 July 2012
PRESS RELEASE AWARD OF THE SECOND ROUND OF QUALIFYING FOREIGN LAW PRACTICE LICENCES The Ministry of Law (MinLaw) invited applications for the second round of Qualifying Foreign Law Practice (QFLP) licences on 1 July 2012. Twenty-three applications were received by the closing date of 31 August 2012. 2 QFLP licences will be awarded to the following four firms (listed in alphabetical order): Gibson, Dunn & Crutcher; Jones Day; Linklaters, and Sidley Austin. 3 The firms will have up to six months from 1 April 2013 to commence their operations as QFLPs, and their licences will be valid for an initial period of five years from the respective start dates. Background 4 The QFLP scheme was introduced in 2008 following the recommendations of the Committee to Develop the Legal Sector chaired by Justice V K Rajah. The Committee, which included senior lawyers from top local firms, assessed that local firms and local lawyers would benefit from the increased foreign presence and competition over time. 5 The QFLP licences allow Foreign Law Practices (FLPs) to practise in permitted areas of Singapore law1. The scheme seeks to support the growth of key economic sectors, grow the legal sector, as well as to offer additional 1 Permitted areas are all areas except domestic areas of litigation and general practice, for example, criminal law, retail conveyancing, family law and administrative law. The QFLPs can practise the permitted areas through Singapore-qualified lawyers with practising certificates or foreign lawyers holding the foreign practitioner certificate. 1 opportunities for our lawyers. A total of six FLPs2 were awarded QFLP licences in the first round in 2008. -
Reporter Issue 02 (2019)
Reporter Issue 02 (2019) Dentons Rodyk Dialogue 2019 Privacy in the Age of Social Data privacy, data IN THIS ISSUE Media and Data Breaches security, and cyber Dentons Rodyk Dialogue 2019 1 After more than a decade of security Singapore Ministry of Health 4 individuals giving up their publishes fee benchmarks for personal data for the It seems that every breath we surgical procedures in the convenience and utility of take leaves a trace in the ether. private sector networking and messaging at no The volume of data collected Business Bulletin cost, the perils and dangers of every day is mind-boggling. Singapore Budget 2019: Tax 6 doing so have been brought Developments home by scandals over how In his Opening Address, Dr personal data has been exploited Puthucheary delineated three Inward Re-domiciliation – 10 for political and commercial gain, areas for discussion: data Practical Pointers as well as multiple serious data privacy, data security and cyber IP Edge security. First, data privacy raises breaches. Governments, The “new” 2014 Geographical 12 regulators and business need to the question of whether the use Indications Act respond to this crisis, and the of personal data collected by Litigation Briefs question of how best to do so private companies is sufficiently was the subject of the Dentons controlled by the mechanism of Need for Speed: Get your 16 Anti-Suit Injunction Fast! Rodyk Dialogue 2019. requiring consent from users, given that many users would Legal Update: Delayed 19 The Dentons Rodyk Dialogue neither read nor necessarily detection of lung cancer – 2019 marked the third year of the understand the lengthy terms and a patient’s suit against a partnership between Dentons conditions they agree to. -
331KB***Administrative and Constitutional
(2016) 17 SAL Ann Rev Administrative and Constitutional Law 1 1. ADMINISTRATIVE AND CONSTITUTIONAL LAW THIO Li-ann BA (Oxon) (Hons), LLM (Harvard), PhD (Cantab); Barrister (Gray’s Inn, UK); Provost Chair Professor, Faculty of Law, National University of Singapore. Introduction 1.1 In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.1 1.2 Most constitutional law cases revolved around Art 9 issues. Judicial observations on the nature or scope of specific constitutional powers were made in cases not dealing directly with constitutional arguments. See Kee Oon JC in Karthigeyan M Kailasam v Public Prosecutor2 noted the operation of a presumption of legality and good faith in relation to acts of public officials; the Prosecution, in particular, is presumed “to act in the public interest at all times”, in relation to all prosecuted cases from the first instance to appellate level. -
SCL (Singapore) Annual Construction Law Conference 2021 HOPE and FEARS - the Built Environment in the Next Decade Thursday, 23 September 2021 • 9.00 A.M
SCL (Singapore) Annual Construction Law Conference 2021 HOPE AND FEARS - the Built Environment in the Next Decade Thursday, 23 September 2021 • 9.00 a.m. to 5.30 p.m. Hybrid Conference Option of Attending In-Person (Limited Places & Subject to Government Approvals) or Via Zoom Webinar GUEST OF HONOUR & REGISTER HERE KEYNOTE SPEAKER OR SCAN QR CODE Ms Indranee THURAI RAJAH Minister, the Prime Minister’s Office; ABOUT THIS CONFERENCE Second Minister for Finance and National Development; Member of Parliament for Tanjong Hopes and fears – the built environment in the next decade Pagar GRC Business sectors including the built environment have had to and will continue to remould themselves in the shifting sands of the COVID-19 pandemic – there is no certainty that the old normal will ever return. Ms Indranee Rajah is the Minister in the Prime Minister’s This year’s SCL (Singapore) Annual Conference kicks off with Office. She is also Second Minister for Finance, and Second a discussion on transformative technologies and sustainable Minister for National Development. Ms Rajah has been the solutions during project execution before what is hopefully Member of Parliament for the Tanjong Pagar Group an invigorating yet light-hearted debate takes place on Representation Constituency (GRC) since 2001. She was in whether the next decade will bring forth a more collaborative practice as a lawyer and Senior Counsel before joining the working style in the built environment or will a culture of Government. Under her law portfolio from 2012 - 2018, she blame be the prevailing approach. After lunch, various co-chaired the Committees on Family Justice, the formation stakeholders provide their intriguing insights into what could of the Singapore International Commercial Court as well as perhaps be seen as a generational change in the conduct of the Committee to Strengthen Singapore as an International virtual dispute resolution hearings in a post-COVID-19 world. -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law.