Citation for the Honourable Senior Judge Justice Chao Hick Tin
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Chief Justice Sundaresh Menon
RESPONSE BY CHIEF JUSTICE SUNDARESH MENON OPENING OF THE LEGAL YEAR 2018 Monday, 8 January 2018 Mr Attorney, Mr Vijayendran, Members of the Bar, Honoured Guests, Ladies and Gentlemen: I. Introduction 1. It is my pleasure, on behalf of the Judiciary, to welcome you all to the Opening of this Legal Year. I particularly wish to thank the Honourable Chief Justice Prof Dr M Hatta Ali and Justice Takdir Rahmadi of the Supreme Court of the Republic of Indonesia, the Right Honourable Tun Md Raus Sharif, Chief Justice of Malaysia, and our other guests from abroad, who have made the effort to travel here to be with us this morning. II. Felicitations 2. 2017 was a year when we consolidated the ongoing development of the Supreme Court Bench, and I shall begin my response with a brief recap of the major changes, most of which have been alluded to. 1 A. Court of Appeal 3. Justice Steven Chong was appointed as a Judge of Appeal on 1 April 2017. This was in anticipation of Justice Chao Hick Tin’s retirement on 27 September 2017, after five illustrious decades in the public service. In the same context, Justice Andrew Phang was appointed Vice-President of the Court of Appeal. While we will feel the void left by Justice Chao’s retirement, I am heartened that we have in place a strong team of judges to lead us forward; and delighted that Justice Chao will continue contributing to the work of the Supreme Court, following his appointment, a few days ago, as a Senior Judge. -
OPENING of the LEGAL YEAR 2021 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2021 Speech by Attorney-General, Mr Lucien Wong, S.C. 11 January 2021 May it please Your Honours, Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges and Judicial Commissioners, Introduction 1. The past year has been an extremely trying one for the country, and no less for my Chambers. It has been a real test of our fortitude, our commitment to defend and advance Singapore’s interests, and our ability to adapt to unforeseen difficulties brought about by the COVID-19 virus. I am very proud of the good work my Chambers has done over the past year, which I will share with you in the course of my speech. I also acknowledge that the past year has shown that we have some room to grow and improve. I will outline the measures we have undertaken as an institution to address issues which we faced and ensure that we meet the highest standards of excellence, fairness and integrity in the years to come. 2. My speech this morning is in three parts. First, I will talk about the critical legal support which we provided to the Government throughout the COVID-19 crisis. Second, I will discuss some initiatives we have embarked on to future-proof the organisation and to deal with the challenges which we faced this past year, including digitalisation and workforce changes. Finally, I will share my reflections about the role we play in the criminal justice system and what I consider to be our grave and solemn duty as prosecutors. -
Valedictory Reference in Honour of Justice Chao Hick Tin 27 September 2017 Address by the Honourable the Chief Justice Sundaresh Menon
VALEDICTORY REFERENCE IN HONOUR OF JUSTICE CHAO HICK TIN 27 SEPTEMBER 2017 ADDRESS BY THE HONOURABLE THE CHIEF JUSTICE SUNDARESH MENON -------------------------------------------------------------------------------------------------------- Chief Justice Sundaresh Menon Deputy Prime Minister Teo, Minister Shanmugam, Prof Jayakumar, Mr Attorney, Mr Vijayendran, Mr Hoong, Ladies and Gentlemen, 1. Welcome to this Valedictory Reference for Justice Chao Hick Tin. The Reference is a formal sitting of the full bench of the Supreme Court to mark an event of special significance. In Singapore, it is customarily done to welcome a new Chief Justice. For many years we have not observed the tradition of having a Reference to salute a colleague leaving the Bench. Indeed, the last such Reference I can recall was the one for Chief Justice Wee Chong Jin, which happened on this very day, the 27th day of September, exactly 27 years ago. In that sense, this is an unusual event and hence I thought I would begin the proceedings by saying something about why we thought it would be appropriate to convene a Reference on this occasion. The answer begins with the unique character of the man we have gathered to honour. 1 2. Much can and will be said about this in the course of the next hour or so, but I would like to narrate a story that took place a little over a year ago. It was on the occasion of the annual dinner between members of the Judiciary and the Forum of Senior Counsel. Mr Chelva Rajah SC was seated next to me and we were discussing the recently established Judicial College and its aspiration to provide, among other things, induction and continuing training for Judges. -
SAL Annual Report 2017
An nu al R ep or t 2017/18 ears of Sharing and Creating Value The SAL Story 03 An interview with The President 06 SAL 30th Anniversary Celebration 08 SAL Senate 10 SAL Executive Board 12 SAL Key Executives 14 Organisational Structure 15 Key Statistics 16 Setting new precedents for Singapore Law 17 Financial Statements 35 SAL ANNUAL THE 02 REPORT 2017/18 SAL STORY 03 THE SAL STORY The Singapore Academy of Law Bill was Our Vision passed in 1988. It was said to be a giant step forward; lawyers will have a forum Singapore — for sharing ideas, SAL will not only help to promote a sense of belonging amongst The Legal hub of Asia members of the legal profession, but also raise the standard of legal services in Singapore. At least 1,700 people were Our Mission expected to be members, including judges, practising lawyers, legal service officers, Driving legal excellence lecturers in the university’s law faculty and law students. through thought leadership, Modelled after the Inns of Court in London, SAL provided dining facilities world-class infrastructure in City Hall to enable the Chief Justice and judges to get together over lunches and solutions and dinners with members of the legal fraternity for closer rapport. At the first Senate meeting held on 19 January 1989, with the late CJ Wee Chong Jin as President, eight Committees were appointed to carry out the functions of SAL. None had full-time staff. It was nevertheless a promising start. The first issue of the Singapore Academy of Law Journal was published in December 1989 and in the following year, SAL organised its first major conference to discuss “Legal Services in the 1990s”. -
Of the Constitution, the Prime Minister, After Consulting
Release No.: 26/APR 02-0/91/04/25 APPOINTMENT OF JUDICIAL COMMISSIONERS OF THE SUPREME COURT ) In accordance with article 94 ( 4) of the Constitution, the Prime Minister, after consulting the Chief Justice, has advised the President to appoint Mr Kan Ting Chiu and Miss Lai Siu Chiu as Judicial Commissioners of the Supreme Court for a period of one year each with effect from 2 May 1991. The appointments are in accordance with the Chief Justice's programme to restructure the Supreme Court Bench, by making short-term appointments of Judicial Commissioners to facilitate the disposal of business in the Supreme Court. Under this programme, it · is also envisaged that Judges will be appointed in future from those who have had experience as Judicial Commissioners. Mr Kan Ting Chiu, 44, graduated from the University of Singapore with·a Bachelor of Laws (Honours) Degree in 1970, and gained a Master of Laws Degree from the National University of Sing&pore in 1988. From 1970 to 1976 he was in the Singapore Legal Service and served as a State Counsel in the Attorney- General's Chambers, and as a Senior Magistrate in the Subordinate Courts. Since 1976 he has been in private practice. He was a Council member .of the Law Society from 1982 to 1984 and is presently a member of the Inquiry Panel under the Legal Profession Act. ) 2 Miss Lai Siu Chiu, 42, was born in Malacca and is the first woman ever appointed to the Supreme Court of Singapore. She will also be the youngest person on the Supreme Court Bench. -
Ho Kang Peng V Scintronix Corp
Ho Kang Peng v Scintronix Corp Ltd (formerly known as TTL Holdings Ltd) [2014] SGCA 22 Case Number : Civil Appeal No 24 of 2013 Decision Date : 30 April 2014 Tribunal/Court : Court of Appeal Coram : Sundaresh Menon CJ; Chao Hick Tin JA; V K Rajah JA Counsel Name(s) : Alvin Tan Kheng Ann (Wong Thomas & Leong) for the Appellant; Tony Yeo and Fong King Man (Drew & Napier LLC) for the Respondent. Parties : Ho Kang Peng — Scintronix Corp Ltd (formerly known as TTL Holdings Ltd) Companies – Directors – Breach of duty [LawNet Editorial Note: The decision from which this appeal arose is reported at [2013] 2 SLR 633.] 30 April 2014 Judgment reserved Chao Hick Tin JA (delivering the judgment of the court): Introduction 1 This appeal arises from the decision of the High Court in Suit No 207 of 2009 (“the Suit”). The appellant, Ho Kang Peng (“the Appellant”), who at the relevant time was the chief executive officer (“CEO”) and a director of the respondent, TTL Holdings Limited (“the Company”), was found liable for the breach of various fiduciary duties owed to the Company. The liability arose from certain payments made by the Company to a third party which the High Court found to be unauthorised. The key issues in this appeal concern the purpose for which the payments were made, whether they were duly sanctioned by the Company, and whether the Company is precluded from claiming against the Appellant because it was allegedly equally at fault. Facts Parties to the dispute 2 The Company is a publicly listed company on the Stock Exchange of Singapore (“SGX”) and is engaged in the manufacture and supply of moulds and finished plastic components. -
The Singapore Management University School of Law Groundbreaking Event
THE SINGAPORE MANAGEMENT UNIVERSITY SCHOOL OF LAW GROUNDBREAKING EVENT ADDRESS BY THE HONOURABLE ATTORNEY-GENERAL STEVEN CHONG 20 JANUARY 2014 Mr Yong Pung How, Chancellor of Singapore Management University Mr Ho Kwon Ping, Chairman of the Board of Trustees of Singapore Management University Professor Arnoud De Meyer, President of SMU Professor Yeo Tiong Min, Dean of SMU School of Law Distinguished guests Staff, past and present students of SMU School of Law The ground-breaking of the SMU School of Law building is a very historic occasion and I am extremely honoured to be here. As I participate in this event, I am conscious that I follow in the footsteps of the Attorneys-General before me. At every stage of its brief history, SMU School of Law has enjoyed a close affiliation with the office of the Attorney-General. AG Chan Sek Keong chaired the Third Committee on the Supply of Lawyers. This committee recommended the establishment of a second law school in Singapore. Judge of Appeal Chao Hick Tin, as the then AG, was on the governmental panel that reviewed the report of the Steering Committee for the establishment of the School of Law. The current Chief Justice, Mr Sundaresh Menon, and the current dean of the Singapore Institute of Legal Education, Professor Walter Woon, my two 1 immediate predecessors, were founding members of the School of Law’s Advisory Board. The Past At this landmark occasion, it is appropriate, even as we contemplate the future, to gaze into the past. Many of you here today are current students of the law school. -
In Its Written Judgment
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 44 Civil Appeal No 78 of 2019 Between Independent State of Papua New Guinea … Appellant And PNG Sustainable Development Program Ltd … Respondent In the matter of Suit No 795 of 2014 Between Independent State of Papua New Guinea … Plaintiff And PNG Sustainable Development Program Ltd … Defendant JUDGMENT [Contract] — [Formation] — [Certainty of terms] [Contract] — [Contractual terms] — [Implied terms] [Companies] — [Memorandum and articles of association] — [Effect] [Companies] — [Members] — [Rights] 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. Independent State of Papua New Guinea v PNG Sustainable Development Program Ltd [2020] SGCA 44 Court of Appeal — Civil Appeal No 78 of 2019 Sundaresh Menon CJ, Andrew Phang Boon Leong JA and Chao Hick Tin SJ 27 February 2020 30 April 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 The parties in this appeal have been engaged in a longstanding dispute over the proper corporate governance of the respondent, PNG Sustainable Development Program Ltd. The respondent is a Singapore-incorporated company limited by guarantee. At the time proceedings were commenced in the High Court by way of Suit No 795 of 2014 (“Suit 795/2014”), the value of the respondent’s assets exceeded US$1.33bn. In Suit 795/2014, it was argued that pursuant to an agreement that was only partly captured in writing, the appellant holds significant rights of oversight and control over the respondent that are directly enforceable against it and irremovable without the appellant’s consent. -
Contract Law Chee Ho THAM Singapore Management University, [email protected]
Singapore Management University Institutional Knowledge at Singapore Management University Research Collection School Of Law School of Law 7-2012 Contract Law Chee Ho THAM Singapore Management University, [email protected] Pey Woan LEE Singapore Management University, [email protected] Yihan GOH Singapore Management University, [email protected] Follow this and additional works at: https://ink.library.smu.edu.sg/sol_research Part of the Asian Studies Commons, and the Contracts Commons Citation THAM, Chee Ho; LEE, Pey Woan; and GOH, Yihan. Contract Law. (2012). Singapore Academy of Law Annual Review of Singapore Cases 2011. 182-226. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/1464 This Case note/Digest is brought to you for free and open access by the School of Law at Institutional Knowledge at Singapore Management University. It has been accepted for inclusion in Research Collection School Of Law by an authorized administrator of Institutional Knowledge at Singapore Management University. For more information, please email [email protected]. 182 SAL Annual Review (2011) 12 SAL Ann Rev 11. CONTRACT LAW THAM Chee Ho LLB (Hons) (National University of Singapore), BCL (Oxford); Solicitor (England and Wales), Advocate and Solicitor (Singapore); Attorney and Counsellor-at-Law (New York State); Associate Professor, School of Law, Singapore Management University. LEE Pey Woan LLB (Hons) (London), BCL (Oxford); Barrister (Middle Temple), Advocate and Solicitor (Singapore); Associate Professor, School of Law, Singapore Management University. GOH Yihan LLB (Hons) (National University of Singapore), LLM (Harvard); Advocate and Solicitor (Singapore); Assistant Professor,Faculty of Law, National University of Singapore. -
Lawlink 2019 Contents Contents
law link FROM ACADEMIA TO POLITICS AND BACK PROFESSOR S JAYAKUMAR ‘63 CHARTING THE NEXT CHAPTER JUSTICE ANDREW PHANG ‘82 ON LANGUAGE, LAW AND CODING STEPHANIE LAW ‘14 AN EMINENT CAREER EMERITUS PROFESSOR M. SORNARAJAH AI & THE LAW ASSOCIATE PROFESSOR DANIEL SENG ‘92 THE ALUMNI MAGAZINE OF THE NATIONAL UNIVERSITY OF SINGAPORE FACULTY OF LAW LAWLINK 2019 CONTENTS CONTENTS 02 04 10 16 22 28 Dean’s Diary Alumni Spotlight Student Features Reunions Benefactors Law School Message from the Dean Professor S Jayakumar ’63: Highlights Congratulations Class of 2019 16 Class of 1989 22 From Academia to Politics and Back 03 Michael Hwang SC Class of 1999 24 An Eminent Career 10 30 Justice Andrew Phang ’82: Emeritus Professor M. Sornarajah Delivers SLR Annual Lecture 17 Charting The Next Chapter 05 Class of 2009 25 NUS Giving The Appeal of the Moot 18 AI & the Law 11 Stephanie Law ’14: LLM Class of 2009 26 Chandran Mohan K Nair ‘76 Associate Professor Daniel Seng ’92 & Susan de Silva ‘83: On Language, Law and Coding 08 Rag & Flag 2019 20 12 Scholarship to expand Kuala Lumpur & New York 27 Key Lectures minsets about success Law Alumni Mentor Programme Law IV: Unjust Enrichment 21 14 2019 09 Book Launches Alumni Relations & Development NUS Law Eu Tong Sen Building 469G Bukit Timah Road Singapore 259776 Tel: (65) 6516 3616 Fax: (65) 6779 0979 Email: [email protected] www.nuslawlink.com www.law.nus.edu.sg/alumni Please update your particulars at: www.law.nus.edu.sg/ alumni_update_particulars.asp 1 LAWLINK 2019 ALUMNI SPOTLIGHT DEAN’S DIARY FROM ACADEMIA TO POLITICS PROFESSOR SIMON CHESTERMAN AND BACK History often makes more sense in retrospect (TRAIL). -
Eighteenth Annual International Maritime Law
EIGHTEENTH ANNUAL INTERNATIONAL MARITIME LAW ARBITRATION MOOT 2017 MEMORANDUM FOR CLAIMANT THE UNIVERSITY OF SYDNEY TEAM 10 ON BEHALF OF: AGAINST: INFERNO RESOURCES SDN BHD FURNACE TRADING PTE LTD AND IDONCARE BERJAYA UTAMA PTY LTD CLAIMANT RESPONDENTS COUNSEL Margery Harry Declan Haiqiu Ai Godber Noble Zhu TEAM 10 MEMORANDUM FOR CLAIMANT TABLE OF CONTENTS ABBREVIATIONS ......................................................................................................................... III LIST OF AUTHORITIES ................................................................................................................ V STATEMENT OF FACTS ................................................................................................................ 1 APPLICABLE LAW ......................................................................................................................... 2 I. SINGAPOREAN LAW APPLIES TO ALL ASPECTS OF THE DISPUTE ............................................... 2 A. Singaporean law governs the procedure of the arbitration ................................................... 2 B. Singaporean law is the substantive law applying to FURNACE and INFERNO’s dispute ....... 2 C. Singaporean law is also the substantive law applying to FURNACE and IDONCARE’s dispute ................................................................................................................................... 3 ARGUMENTS ON THE INTERIM APPLICATION FOR SALE OF CARGO ......................... 4 II. A VALID AND ENFORCEABLE LIEN -
City Harvest Church Appeal Decision
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. Public Prosecutor v Lam Leng Hung and other appeals [2017] SGHC 71 High Court — Magistrate’s Appeals No 147 to 152 of 2015 Chao Hick Tin JA, Woo Bih Li J and Chan Seng Onn J 15–16, 19–21 September 2016 Criminal law — Criminal conspiracy Criminal law — Offences — Property — Criminal breach of trust Criminal law — Offences — Falsification of accounts Criminal law — Statutory offences — Penal Code Criminal procedure and sentencing — Sentencing — Appeals 7 April 2017 Judgment reserved. Chao Hick Tin JA (delivering the judgment of the majority consisting of Woo Bih Li J and himself): Introduction and overview 1 Sometime in September 2001, the City Harvest Church (“CHC”) decided to embark on a project that used popular music for evangelism. In 2002, after a series of concerts in Taiwan and Hong Kong, this project came to be known as “the Crossover”. The Crossover, which was first launched in Asia, involved Ms Ho Yeow Sun, also known by her performing name “Sun Ho”, 1 Public Prosecutor v Lam Leng Hung and other appeals [2017] SGHC 71 recording and launching secular music albums in order to reach out to people who might otherwise never step foot into a church to listen to a preacher, and to encourage Christians in the popular music industry to share their conversion stories and testimonies. The theological legitimacy of the Crossover as a means of evangelism is not an issue in this case.