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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. -
30 Apr 2021 Mum and Daughter with a Passion for Early Childhood Education
B2 SINGAPORE | THE STRAITS TIMES | FRIDAY, APRIL 30, 2021 | BREAK FAST TIMING S’pore, Europe can 7:08PM Day 18 be natural partners NEED FOR TRUST Geopolitics has come to the forefront of most companies’ in three areas: Chan considerations when reviewing investment decisions... It will not simply be a question US$100 billion (S$132.6 billion) to of geographical These relate to the business environment, over US$300 billion by 2025. “There are tremendous opportu- proximity, but one of digitalisation and green economy, he says nities for us as Singapore is closely shared values and packed into this growth, with the one of shared values and trust that highest number of tech unicorns trust that translates Jolene Ang translates into tangible policies.” headquartered here for the region. into tangible policies. Singapore has established itself We continue to provide a platform as an international business hub by for start-ups to aggregate capital Europe can be a “natural partner” demonstrating its ability to be a re- from Singapore to grow their for Singapore in three areas, Trade liable, neutral partner for busi- global operations,” he said. and Industry Minister Chan Chun nesses, he added. Singapore has embarked on ini- TRADE AND INDUSTRY MINISTER Sing said yesterday. “We have every intention to tiatives to build digital bridges to Trade and Industry Minister Chan Chun Sing said yesterday that Singapore has ’’CHAN CHUN SING, on providing a These are: providing a secure strengthen this competitive posi- harness such opportunities, Mr demonstrated its ability to be a reliable, neutral partner for businesses, and it secure and reliable environment for businesses. -
AICHR Thematic Study on Legal
ASEAN Intergovernmental Commission on Human Rights (AICHR) Thematic Study on Legal Aid The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967. The Member States of the Association are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam. The ASEAN Secretariat is based in Jakarta, Indonesia. For inquiries, contact: The ASEAN Secretariat Community Relations Division (CRD) 70A Jalan Sisingamangaraja Jakarta 12110 Indonesia Phone: (62 21) 724-3372, 726-2991 Fax: (62 21) 739-8234, 724-3504 E-mail: [email protected] Catalogue-in-Publication Data ASEAN Intergovernmental Commission on Human Rights (AICHR) – Thematic Study on Legal Aid Jakarta: ASEAN Secretariat, July 2019 323.59 1. ASEAN - Human rights – Civil rights 2. Intergovernmental commission – Legal framework ISBN 978-602-5798-38-2 ASEAN: A Community of Opportunities for All The text of this publication may be freely quoted or reprinted, provided proper acknowledgement is given and a copy containing the reprinted material is sent to the Community Relations Division (CRD) of the ASEAN Secretariat, Jakarta General information on ASEAN appears online at the ASEAN Website: www.asean.org Copyright Association of Southeast Asian Nations (ASEAN) 2019. All rights reserved. Table of Contents ACRONYMS vi LIST OF TABLES x LIST OF FIGURES x FOREWORD xi INTRODUCTION xii LIST OF RESEARCHERS xvii REGIONAL INTRODUCTION 1 ISSUES OF LEGAL AID SERVICES IN THE ASEAN COUNTRIES 15 REGIONAL FINDINGS (ANALYSIS) 22 BRUNEI DARUSSALAM -
We Acknowledge, with Thanks, the Permission of the Author, Editor and Publisher to Reproduce This Article on the Singapore Judicial College Microsite
Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879, t: (65)-6332-1020 _________________________________________________________________________________________________ We acknowledge, with thanks, the permission of the author, editor and publisher to reproduce this article on the Singapore Judicial College microsite. Not to be circulated or reproduced without the prior permission of the author, editor and publisher. 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. TORT LAW IN THE FACE OF LAND SCARCITY IN SINGAPORE GOH Yihan1 “[T]he unique context pertaining to the scarcity of land in Singapore has, in fact, been recognised judicially by the local courts in a diverse variety of areas of Singapore law.”2 ABSTRACT The notion that the legal content of a jurisdiction is shaped and conditioned by the societal conditions of that jurisdiction finds special expression in Singapore tort law. Land is scarce in Singapore and this scarcity has three varying implications: (a) a high cost of housing, (b) a high building density, and (c) a high population density. Each aspect of the land scarcity problem has in turn led to responses from the Singapore courts in the area of tort law. This paper seeks to demonstrate the unique legal decisions in three selected areas of tort law (each corresponding to the three aspects of the land scarcity problem explained above) which have resulted from the land conditions in Singapore. In essence, this paper will argue that in tort law, the Singapore courts have hitherto adopted an approach that is both pragmatic and robust to achieve social and practical justice, with legal refinements coming only at a later stage when the practicalities of the situation have been resolved. -
Official Publication of the Law Society of Singapore | August 2016
Official Publication of The Law Society of Singapore | August 2016 Thio Shen Yi, Senior Counsel President The Law Society of Singapore A RoadMAP for Your Journey The 2016 Mass Call to the Bar will be held this month on 26 Modern psychology tells us employees are not motivated and 27 August over three sessions in the Supreme Court. by their compensation – that’s just a hygiene factor. Pay Over 520 practice trainees will be admitted to the roll of mustn’t be an issue in that it must be fair, and if there is a Advocates & Solicitors. differential with their peers, then ceteris paribus, it cannot be too significant. Along with the Chief Justice, the President of the Law Society has the opportunity to address the new cohort. I Instead, enduring motivation is thought to be driven by three had the privilege of being able to do so last year in 2015, elements, mastery, autonomy, and purpose. There’s some and will enjoy that same privilege this year. truth in this, even more so in the practice of law, where we are first and foremost, members of an honourable The occasion of speaking to new young lawyers always profession. gives me pause for thought. What can I say that will genuinely add value to their professional lives? Making Mastery: The challenge and opportunity to acquire true motherhood statements is as easy as it is pointless. They expertise. There is a real satisfaction in being, and becoming, are soon forgotten, even ignored, assuming that they are really good at something. Leading a cross-border deal heard in the first place. -
This Book Was Conceived During a Wave of Anti-Globalisation Fervour in the Western World
Foreword “The Heart of Learning” – Commemorating the transformation of UniSIM to SUSS, 2017. his book was conceived during a wave of anti-globalisation fervour in the Western world, Texpressed through a series of political events including Brexit, the election of Donald Trump as President of the United States, and high anxiety in Western Europe about the rise of far-right political parties in the Netherlands, France and beyond. As this book’s manuscript was being finalised, the geopolitical situation appeared to have settled somewhat; or in the parlance of market economists, these events and possibilities had somehow been “factored in”, and the world had moved on. The recent election of Emmanuel Macron as President of France in May 2017 over his nationalist opponent Marine Le Pen brought further relief to those who believed in liberal democratic values and the global market economy. It seemed that the existing regime would not topple after all. Free trade, financial capitalism, open borders, would all continue, although they would no longer be put on a pedestal. Nevertheless, the challenges of globalisation remain. Although the globalisation of the twentieth century has brought hundreds of millions of people around the world out of poverty, it has also caused huge dislocations in social and economic lives and precipitated severe income and wealth inequalities. Accompanied by rapid technological advances in recent decades, the world is experiencing great uncertainty, felt at both the individual and community levels. Painful disruptions brought by technological advancement have occurred before, but the speed and the scale of the current 4th Industrial Revolution are unprecedented. -
2020-Sghc-255-Pdf.Pdf
IN THE COURT OF THREE JUDGES OF THE REPUBLIC OF SINGAPORE [2020] SGHC 255 Court of Three Judges/Originating Summons No 2 of 2020 In the matter of Sections 94(1) and 98(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) And In the matter of Lee Suet Fern (Lim Suet Fern), an Advocate and Solicitor of the Supreme Court of the Republic of Singapore Between Law Society of Singapore … Applicant And Lee Suet Fern (Lim Suet Fern) … Respondent JUDGMENT [Legal Profession] [Solicitor-client relationship] [Legal Profession] [Professional conduct] — [Breach] This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Law Society of Singapore v Lee Suet Fern (alias Lim Suet Fern) [2020] SGHC 255 Court of Three Judges — Originating Summons No 2 of 2020 Sundaresh Menon CJ, Judith Prakash JA and Woo Bih Li J 13 August 2020 20 November 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 This is an application by the Law Society of Singapore (“the Law Society”) for an order pursuant to s 98(1)(a) of the Legal Profession Act (Cap 161, 2009 Rev Ed) (“the LPA”) that the respondent, Mrs Lee Suet Fern (alias Lim Suet Fern) (“the Respondent”), be subject to the sanctions provided for under s 83(1) of that Act. At the time of the proceedings before the disciplinary tribunal (“the DT”), the Respondent was an advocate and solicitor of the Supreme Court of Singapore of 37 years’ standing and practised as a director of Morgan Lewis Stamford LLC, a law corporation. -
The State of Legal Innovation in Asia-Pacific
FROM THE EDITORS This inaugural report was born of a common desire shared by SAL and the SMU School of Law to understand the phenomenon of legal technology and innovation – a phenomenon that has increasingly become the fixation of lawyers, technologists, regulators, and legal academics alike. In conceptualising what the report should cover, it quickly became apparent that focusing only on legal technology (“legaltech”) was too narrow a scope. Innovation, as the economist Joseph Schumpeter famously wrote, lies simply in “new combinations” of resources that either produce different things, or the same things by different methods. 1 Further, even with technology, the true machinery of the law is driven by people and institutions – by lawyers, courts, law schools, clients, students, knowledge engineers, technologists, and more. We therefore defined legal innovation broadly (and somewhat ambitiously) to cover five areas: technological innovation, regulatory innovation, innovations in the dispute resolution process, business innovation, and innovation in legal education. Chapter contributors were asked to respond to questions formulated along these five axes. Legal innovation has not traditionally been thought of so broadly. In academic literature at least, the phrase has more conventionally been associated with new laws and legal devices. One example is the invention of the poison pill in the 1980s.2 This innovation certainly reflects the ingenuity and creativity that lawyers have always had but does not take centre-stage in this report simply because our present focus is on innovation in the practice of law rather than in the law itself (overlaps exist). This report is not the first to study legal innovation this way. -
[2018] SGHC 112 Originating Summons No 272 of 2015 in The
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE [2018] SGHC 112 Originating Summons No 272 of 2015 In the matter of Section 18 of the Supreme Court of Judicature Act (Cap 322) And In the matter of Section 33B of the Misuse of Drugs Act (Cap 185) And In the matter of Order 53, Rule 1 of the Rules of Court (Cap 322, R 5) And In the matter of Articles 9(1) and 12(1) of the Constitution of the Republic of Singapore And In the matter of Criminal Case No 23 of 2010 between the Public Prosecutor and Nagaenthran a/l K Dharmalingam Between NAGAENTHRAN A/L K DHARMALINGAM … Applicant And ATTORNEY-GENERAL … Respondent JUDGMENT [Administrative Law] — [Judicial review] — [Ambit] — [Ouster of review jurisdiction] — [Section 33B(4) Misuse of Drugs Act (Cap 185, 2008 Rev Ed)] [Administrative Law] — [Judicial review] — [Application for leave to commence judicial review proceedings] — [Public Prosecutor’s discretion to certify that person had substantively assisted Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore] [Constitutional Law] — [Judicial power] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND ..............................................................................................4 FACTS RELATING TO THE OFFENCE ..................................................................4 PROCEDURAL HISTORY....................................................................................5 THE PARTIES’ SUBMISSIONS .................................................................13 -
Praxis SE-0707.Indd
CONTENTS 26 EDITOR’S NOTE PRESIDENT'S MESSAGE PRESS RELEASES FROM THE BAR FEATURES/ARTICLES 23 Opening of the Legal Year 2015 26 The Offi ce of the President of the Malaysian Bar 36 Interview with Christopher Leong, 30th President of the Malaysian Bar 42 Citation for Dr Radhakrishna Ramani, Recipient of the Malaysian Bar Lifetime Achievement Award 2015 45 Dr Radhakrishna Ramani: A Lifetime of Achievement EVENTS 55 69th Annual General Meeting of the Malaysian Bar, Renaissance Kuala Lumpur Hotel (14 Mar 2015) 58 Malaysian Bar Annual Dinner and Dance 2015 (14 Mar 2015) 36 60 LEXPO Rocks Dataran Undergrnd (28 Feb 2015) 63 46th Malaysia/Singapore Bench and Bar Games 2015, Singapore (30 Apr to 2 May 2015) LIFESTYLE 64 Netting the Ball CASE NOTES — HIGHLIGHTS FROM THE FEDERAL COURT STATE BAR NEWS ELEVATION OF JUDGES NEWS 45 CONTINUING PROFESSIONAL DEVELOPMENT BAR UPDATES/NOTICES 85 New Admissions to the Malaysian Bar 88 List of Departed Members 88 Notice Regarding Bar Circulars and E-Blasts 89 Summary of Circulars 90 General Information on Matters Discussed at Bar Council Meetings 90 List Of Struck Off Members Wherein Appeal/Reinstatement Allowed 91 Notice Regarding Documents in Bar Council's Custody: Legal Firms in which Bar Council has Intervened 91 Library Update 70 99 Disciplinary Orders JAN-JUN 2015 | PRAXIS 1 COVER STORY BAR COUNCIL MALAYSIA Bar Council 15 Leboh Pasar Besar 50050 Kuala Lumpur Tel No: (603) 2050 2050 Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 Email: [email protected] Website: http://www.malaysianbar.org.my -
WITNESS PREPARATION BEFORE TRIAL What the Rules of Ethics Do Not Say
(2018) 30 SAcLJ 978 (Published on e-First 5 October 2018) WITNESS PREPARATION BEFORE TRIAL What the Rules of Ethics Do Not Say Singapore’s rules of ethics do not expressly address witness preparation before trial. Recent judgments of the High Court and Court of Appeal and a disciplinary case decided this year take up the issue of what lawyers may do and not do in preparing witnesses for trial and, in particular, whether witnesses may be prepared as a group. This article examines these cases, the former ethics rules (which applied to the disciplinary case just mentioned) and the current ethics rules. It will be shown that the statutory law remains unsatisfactory in this critical area of ethical practice and that appropriate rules governing witness preparation must be introduced to the current ethics rules. Jeffrey PINSLER SC LLB (Liverpool), LLM (Cambridge), LLD (Liverpool); Barrister (Middle Temple), Advocate and Solicitor (Singapore); Geoffrey Bartholomew Professor, Faculty of Law, National University of Singapore. I. Introduction 1 Recent case law has raised critical evidential and ethical considerations in the preparation of witnesses before trial. In Compañia De Navegación Palomar, SA v Ernest Ferdinand Perez De La Sala1 (“Compania (HC)”), the observations of the High Court on the preparation of witnesses for trial led to the initiation of disciplinary proceedings (“the disciplinary case”) against the defendant’s three lawyers (“the Respondents”) pursuant to ss 83(2)(b) and 83(2)(h) of the Legal Profession Act2 (“LPA”), and r 54 of the Legal Profession (Professional Conduct) Rules 20103 (“LP(PC)R 2010”).4 The Respondents were exonerated by the disciplinary tribunal.5 In determining the defendant’s substantive appeal against the High Court’s judgment (which had been granted in favour of the plaintiff companies), 1 [2017] SGHC 14. -
Annual Report FY2018- 2019.Pdf
ANNUAL REPORT L A W S O C I E T Y P R O B O N O S E R V I C E S | A N N U A L R E P O R T | F Y 2 0 1 8 / 1 9 Law Society Pro Bono Services (“LSPBS”) is a registered charity with an Institution of a Public Character (“IPC”) status. Launched in 2007, and incorporated in 2017, LSPBS provides pro bono legal assistance to the community and to organisations in Singapore serving the needy and disadvantaged. We work to: a. develop and ensure a just and efficient system for the provision of pro bono legal services in Singapore; b. coordinate the provision of civil, criminal and community pro bono legal services with various agencies; c. recruit, train and manage volunteers from the legal fraternity and beyond for the provision of pro bono services; d. identify areas of need in the community for pro bono services; and e. protect and assist the public on matters of the law relevant to their lives, particularly through programmes to develop public legal literacy. Law Society Pro Bono Services serves the community by facilitating access to justice for the needy and vulnerable so that all may have access to justice in Singapore. U E N : T 2 0 1 7 0 0 4 3 0 E B A N K S : O C B C B a n k A n d B a n k o f E a s t A s i a A U D I T O R : B a k e r T i l l y T F W L L P A D D R E S S : 1 H a v e l o c k S q u a r e # 0 5 - 0 0 S t a t e C o u r t s S i n g a p o r e 0 5 9 7 2 4 1 The splash of colours on the cover reflects Another important group who need the colours of grace.