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july 2007 in the news

Inter Se Revamped: what you can Inter Se Revamped look forward to Welcome to the Academy’s new e-zine, Inter Inter Se Print is a themed publication Se Online. You can now look forward to focusing on analysis and comment. It will At Large reading Inter Se in two brand-new formats serve a knowledge creation and genre-insight • Headlines in The Straits Times and with two fresh looks. It is out with the function on a particular area of the law and/or • Headlines in The Business Times bi-monthly print Inter Se and in with the legal practice. Published every six months revamped, dual-component Inter Se which in a calendar year (once in January and once comprises: (a) a monthly online version (“Inter in July), Inter Se Print will feature the “life” Se Online”); and (b) a half-yearly print version of a particular area of practice with topical (“Inter Se Print”). articles, people profiles and reviews of relevant publications on that area of practice. Inter Se Online is a monthly information- dissemination and news-reporting We hope that the revamped Inter Se will e-magazine sent out via an e-mail blast to better meet your needs. As we continually all members and made available on the try to improve what we can offer you, our Academy’s website. Inter Se Online focuses member, do let us know what you think via on bringing relevant and current legal news e-mail to [email protected] . and updates to members in a concise and timely manner.

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july 2007 in the news

Inter Se Revamped: what you can Headlines in The Straits Times look forward to Ken Kwek and Goh Chin Lian, “Need for K C Vijayan, “CJ okays new rules on lawyers QC? Two sides differ on dearth of experts”, handling money”, The Straits Times (17 May At Large The Straits Times (11 May 2007). 2007). [See Legislation Update in this issue • Headlines in The Straits Times of Inter Se Online.] • Headlines in The Business Times Jane Ng, “SMU law school offers professorship and student awards”, The K C Vijayan, “Judge advises mediation in Straits Times (11 May 2007). row over concrete”, The Straits Times (18 May 2007). Charmian Kok, “SMU establishes Professorship in Law”, The Straits Times K C Vijayan, “New ‘ethics guide’ for lawyers (11 May 2007). launched”, The Straits Times (19 May 2007). [Read more about the ethics code in Inter Melissa Sim, “Ex-crime buster who fell from Se Online (June 2007) and Inter Se Print grace seeks 2nd chance” [Glenn Knight (July 2007).] appeals to be reinstated on the rolls after being struck off in 1994], The Straits Times K C Vijayan, “Insurance fraud: A-G urges all (13 May 2007). to act”, The Straits Times (22 May 2007).

Jane Ng, “NUS-New York uni law course Ken Kwek, “SAF men on security patrol get draws ‘rainbow’ group”, The Straits Times legal muscle”, The Straits Times (22 May (17 May 2007). 2007).

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july 2007 in the news

Inter Se Revamped: what you can Ken Kwek, “Changes to Gas Act will help K C Vijayan, “Ex-CAD chief Glenn Knight look forward to new players”, The Straits Times (22 May can practise law again”, The Straits Times 2007). [See Legislation Update in this issue (23 May 2007). of Inter Se Online.] At Large K C Vijayan, “Law Society under fire for going • Headlines in The Straits Times K C Vijayan, “2 S’pore law firms on a ‘frolic of its own’”, The Straits Times • Headlines in The Business Times [Allen & Gledhill and Drew & Napier] among (23 May 2006). Asia’s 50 largest”, The Straits Times (22 May 2007). K C Vijayan, “CJ’s first ‘lecture’ to new lawyers: Ethics is what matters most” The Zakir Hussain, “Eyecare industry regulation Straits Times (26 May 2007). [Read the among 7 Bills introduced”, The Straits Times excerpt of the Chief Justice’s speech at the (23 May 2007). [See Legislation Update in Mass Call 2007 in Inter Se Print (June 2007).] this issue of Inter Se Online.] Tan Suan Ann, “233 new lawyers called to Zakir Hussain, “Stiffer penalties for forging, Singapore Bar”, The Straits Times (26 May misuse of Singapore passport”, The Straits 2007). Times (23 May 2007). [See Legislation Update in this issue of Inter Se Online.] K C Vijayan, “Booming economy leads to shortage of lawyers”, The Straits Times Ken Kwek, “Harsher penalties for bosses (28 May 2007). who hire illegals”, The Straits Times (23 May 2007). [See Legislation Update in this issue of Inter Se Online.]

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july 2007 in the news

Inter Se Revamped: what you can Ellouisa Chen, “Why make it tough for Wee Li-En, “Rajah & Tann adds four new look forward to Singaporeans to pursue law course?”, The lawyers to its stable”, The Straits Times Straits Times Online (2 June 2007). (15 June 2007). At Large K C Vijayan, “Fresh probe clears lawyer” Tessa Wong, “Lawyers swamped as home • Headlines in The Straits Times [Lawyer suspended on charges of misconduct sales soar” [Article on the booming • Headlines in The Business Times cleared due to witness being unclear on conveyancing sector but the apparent facts], The Straits Times (6 June 2007). shortage of conveyancing lawyers], The Straits Times (17 June2007). Maria Almenoar and Ho Ai Li, “NUS law school still more popular with students”, The Toh Yong Chuan, “Detention of DIY Radical’” Straits Times (12 June 2007). [Response to comments made in Andy Soh Yan Lee, “The case of DIY radical Abdul “Malaysia gets 2 solicitors-general for the Basheer: An issue in search of answers”, The first time”, The Straits Times (13 June 2007). Straits Times (15 June 2007) by the Ministry of Home Affairs], The Straits Times (18 June “Four senior lawyers leave Drew & Napier”, 2007). The Straits Times (14 June 2007).

Elena Chong, “‘One-eyed Dragon’ gets top lawyer for appeal”, The Straits Times (15 June 2007).

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july 2007 in the news

Inter Se Revamped: what you can Headlines in The Business Times look forward to Conrad Raj, “ACL slams Law Society for Janice Heng, “Cite local court rulings first, opposing member”, The Business Times CJ urges lawyers”, The Business Times At Large (12 May 2007). (19 May 2007). • Headlines in The Straits Times • Headlines in The Business Times Wee Li-En, “Corporate law work seen getting Daniel Buenas, “Harder knock for employing more specialised”, The Business Times foreign workers illegally”, The Business Times (14 May 2007). (23 May 2007).

Wee Li-En, “Tan Chee Meng to leave Harry Wee Li-En, “Lawyers keen to sponsor firms Elias Partnership”, The Business Times in new Sesdaq”, The Business Times (16 May 2007). (25 May 2007).

Jane Moir, “HK law proposed to lower high Arthur Sim, “En bloc sales: Govt starts second cost of seeking justice”, The Business Times public consultation”, The Business Times (16 May 2007). (14 June 2007).

Wee Li-En, “Court of Appeal decision on Laurel Teo, “Crooked judges key obstacle arbitration hailed”, The Business Times to corruption fight: Indon panel”, The (17 May 2007). Business Times (15 June 2007).

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july 2007 in the know

At Work 10th Singapore Conferences on International Business Law – 10th Singapore Conferences on The Regulation of Wealth Management International Business Law – The Regulation of Wealth Management 22–23 August 2007 The conference will explore the following Supreme Court Auditorium key areas: • Alternative Business and Wealth At Play The Singapore Conferences on International Management Vehicles • • Pooch Affair – An Escapade with Business Law (“SCIBL”) was established in Private and Public Regulation in Wealth your Dog 1982 to bring together persons from the Management various professions and disciplines involved • International Dimensions • Island Rover 2007: Car Rally and in commercial and financial transactions to • Trust Law Makan-Heaven Treasure Hunt discuss the issues of the day. Who should attend? The tenth conference in the SCIBL series, Specialist lawyers, senior corporate and this two-day event will examine the unique banking officials, officers and employees of characteristics of Singapore in the area of trust companies, government officials, wealth management. An ensemble of academics and others who are involved in distinguished international and local experts wealth management. will provide a blend of comparative, academic and practical perspectives on the Please visit the conference website at topic. This Conference will feature http://law.nus.edu.sg/ccls/scibl2007 for more Professor Robert Sitkoff, Harvard University details. For enquiries, please contact the and Professor Henry Hu, University of Texas Conference Secretariat at 6332 4149/4032 among others on this year’s panel of or e-mail us at [email protected]. speakers.

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july 2007 in the know

At Work “Pooch Affair” – An Escapade with your Dog 10th Singapore Conferences on Organised by the International Business Law – The Regulation of Wealth Management Want to compensate for long hours away Event details from home and your canine pal? We’ve put Date: 14 July 2007, Saturday together a half-day of bonding that will put Time: 10.00am–1.00pm At Play a smile on your face and get tails wagging. (lunch included) • Pooch Affair – An Escapade with Bring your dog and join other dog lovers for Venue: Urban Pooch Café and your Dog a relaxing Saturday morning at Urban Pooch Dog Boutique Café and Dog Boutique! Begin the morning 530 Balestier Road, • Island Rover 2007: Car Rally and with a demonstration of dog massages by #01-07 Monville Mansion, Makan-Heaven Treasure Hunt an experienced therapist from Pawsitive Singapore 329857 Sensations. After picking up some handy Contact: 6252 5046 (Raye Tan) tips from the expert on how to pamper your dog with massages, tuck into a hearty lunch Please visit www.sal.org.sg for registration for yourself. Your four-legged best friend will and more event details. Places are limited also enjoy a specially-prepared meal. Take and registration is accepted on a first-come, the fun home with you when you receive a first-served basis. goodie bag of freebies at the end of the half-day of time well-spent with your pet! Kindly contact Rebecca Sit at [email protected] or call 6332 0078 for enquiries.

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july 2007 in the know

At Work Island Rover 2007: Car Rally and Makan-Heaven Treasure Hunt 10th Singapore Conferences on Jointly organised by the Singapore Academy of Law and the International Business Law – The VIP flag-off by the Honourable Justice Regulation of Wealth Management

Char Kway Teow …'85 Laksa …'85 Rojak ... To end-off the adventure, we have organised At Play Mouth starting to water? Stomach growling a sumptuous barbecue dinner with live • Pooch Affair – An Escapade with with hunger? If the answer to both questions entertainment in the form of “The Illegals” your Dog is a resounding “YES!”, then you are invited (Rajah & Tann’s house band – the very first to a day of roving around the island for the among local law firms). Take home goodie • Island Rover 2007: Car Rally and tastiest (we hope) treats in town. Dress up bags packed with shopping and food Makan-Heaven Treasure Hunt your cars …'85 get the wheels ready …'85 vouchers, and keepsakes to remind you of have the suspension tuned …'85 rev up the fun times had. engines …'85 you’ll need your cars to be in tip-top shape to transport you to and from What’s more?! various pre-determined locations as you set out in search of well-known (and sometimes The FREELANDER, the second generation not), delicious (and sometimes not) local of Land Rover, is making its first appearance food items in our version of a treasure hunt. in Singapore and you’ll get to test-drive it! Fantastic prizes await winners of the car Land Rover models including Range Rover rally/treasure hunt including a prize for “Best- and Range Rover Sport will also be on display dressed Car”. at the event, courtesy of Land Rover.

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july 2007 in the know

At Work So come, rope in your colleagues, friends Please visit www.sal.org.sg for registration 10th Singapore Conferences on and family, and join us for a day of fun and and more event details. The event is limited International Business Law – The food and fantastic cars. Profits made from to the first 60 cars, so do register early to Regulation of Wealth Management the car rally will be donated to The Singapore avoid disappointment. After-Care Association (SACA), an association that provides programmes and services to Kindly contact Rebecca Sit at At Play help ex-offenders and their families socially, [email protected] or call 6332 0078 • Pooch Affair – An Escapade with emotionally and financially. for enquiries. your Dog • Island Rover 2007: Car Rally and Event details Makan-Heaven Treasure Hunt Date: 18 August 2007, Saturday Registration: 10.30am Flag-off time: 11.30am–8.30pm (dinner included) Venue: National University of Singapore, Law Faculty, Eu Tong Sen Building, 469 Bukit Timah Road.

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july 2007 legislation update

Bills introduced in Parliament in Bills introduced in Parliament in May and June 2007 May and June 2007 The Public Service Commission (Amendment) in any proceedings of the Council; Bill (No 19 of 2007) seeks to amend the Public (b) to enhance and institutionalise the Subsidiary legislation published Service Commission Act (Cap 259) to extend personnel management system of the its scope and protection to the Legal Service Singapore Legal Service. The President, in May and June 2007 Commission (“LSC”) and its members and to on the advice of the Prime Minister, may the personnel boards for the Singapore Legal establish by subsidiary legislation one or Service. Thus, the members of the LSC and more personnel boards having charge over Acts brought into operation in the personnel boards for the LSC will have the Legal Service officers, and the powers of May and June 2007 same powers, immunities and privileges as the Legal Service Commission will be the members of the Public Service Commission devolved to these personnel boards for and its personnel boards. Legal Service officers, except the power Revision of subsidiary legislation of dismissal and disciplinary control, and in May 2007 The Constitution of the Republic of all powers of recruitment and promotion Singapore (Amendment) Bill (No 20 of 2007) of Legal Service officers of and above a seeks to amend the Constitution of the certain threshold grade; Republic of Singapore for the following main (c) to shorten the oaths of office for the Prime purposes: Minister, Ministers and Parliamentary (a) to provide for the appointment of two Secretaries; and alternate members to act in place of (d) to relieve ad hoc Judicial Commissioners members of the Council of Presidential appointed to hear specific cases from Advisers (“the Council”) when any one of repeated oath-taking if an interval of less them (other than the Chairman) is than 12 months elapses between the end by Joyce Chng and Emily Teo, Legislation temporarily unable, whether by illness, of one case and the start of hearing for Division, Attorney-General’s Chambers absence or any other reason, to take part the next case.

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july 2007 legislation update

Bills introduced in Parliament in The Passports Bill (No 21 of 2007) seeks to passports or travel documents, and May and June 2007 repeal and re-enact with amendments the additional fees; Passports Act (Cap 220) for the following (d) to set out a modernised regime for the purposes: issue and administration of Singapore Subsidiary legislation published (a) to combat identity fraud and possible passports and Singapore travel in May and June 2007 misuse of Singapore passports and other documents; and Singapore travel documents, in Singapore (e) to set out a framework for the adoption and elsewhere, particularly by creating of particular methods or technologies, Acts brought into operation in new offences and widening the scope of like biometric technologies, for purposes May and June 2007 old offences, and significantly increasing such as identification. penalties for those offences; (b) to introduce measures against the misuse The Bill also makes consequential and related of foreign travel documents in Singapore; amendments to the Immigration Act Revision of subsidiary legislation (c) to introduce measures to minimise (Cap 133). in May 2007 problems caused by lost or stolen Singapore passports and other Singapore The Postal Services (Amendment) Bill travel documents, such as power to refuse (No 22 of 2007) seeks to amend the Postal to issue a new passport or travel Services Act (Cap 237A) for the following document, issuing limited-validity purposes: Singapore passports or Singapore travel (a) to liberalise the basic mail services market documents, compulsory notification of in Singapore and foster competition in lost or stolen Singapore passports or that market; Singapore travel documents, penalties (b) to liberalise the inbound and outbound By Joyce Chng and Emily Teo, Legislation for not reporting such lost or stolen international mail sector; Division, Attorney-General’s Chambers (c) to de-regulate the delivery of letters

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july 2007 legislation update

Bills introduced in Parliament in weighing more than 500g and letters by the Newspaper and Printing Presses Act May and June 2007 direct mail; (Cap 206) and the Undesirable Publications (d) to outline the functions, powers and Act (Cap 338). duties of the Postal Authority, and to Subsidiary legislation published provide a clear channel for appeals The Commodity Trading (Amendment) Bill in May and June 2007 against the Postal Authority’s decisions; (No 23 of 2007) seeks to amend the (e) to confer on the Postal Authority power Commodity Trading Act (Cap 48A) to transfer to control mergers and acquisitions from the International Enterprise Singapore Acts brought into operation in involving postal licensees and to set Board its regulatory oversight of futures May and June 2007 codes and standards concerning contracts and associated brokers, advisers, competition, abuse of market dominant markets and clearing houses under the positions and fair market conduct in the International Enterprise Singapore Board postal industry; Act (Cap 143B) to the Monetary Authority Revision of subsidiary legislation (f) to enhance penalties for certain offences; of Singapore under the Securities and in May 2007 (g) to confer on the Postal Authority and the Futures Act (Cap 289) and the Financial public postal licensees the privilege of Advisers Act (Cap 110). issuing national postage stamps; and (h) to provide clarity for access to letter The Bill also makes consequential boxes by postal licensees by requiring amendments to the Financial Advisers Act, building owners and developers to make the Income Tax Act (Cap 134) and the letter boxes accessible to postal licensees Securities and Futures Act. approved by the Postal Authority.

By Joyce Chng and Emily Teo, Legislation The Bill also makes consequential Division, Attorney-General’s Chambers amendments to the Bankruptcy Act (Cap 20),

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july 2007 legislation update

Bills introduced in Parliament in The Optometrists and Opticians Bill (No 24 registration, and the practice and conduct May and June 2007 of 2007) seeks to provide for the registration of registered persons; of optometrists and opticians, to regulate (e) prohibits the carrying out of any practice their practices and to provide for purposes of optometry or opticianry by any person Subsidiary legislation published connected therewith. The Bill, amongst other who is not registered to carry out and in May and June 2007 things — does not have in force a practising (a) provides that the Bill will not apply to certificate authorising him to carry out any ophthalmologist in relation to his any practice of optometry or opticianry; Acts brought into operation in practice of optometry or opticianry; (f) criminalises certain acts, such as the May and June 2007 (b) provides for the establishment of the wrongful procurement of registration, a Optometrist and Opticians Board (“the certificate of registration or a practising Board”) and the powers, functions and certificate, the wilful falsification of any constitution of the Board; entry in the register of Optometrists or Revision of subsidiary legislation (c) provides for the keeping and the Register of Opticians, the forgery or, in May 2007 maintenance of a Register of alteration of a certificate of registration Optometrists and a Register of Opticians, or practising certificate, the fraudulent and the particulars to be entered in those use of such a certificate which has been Registers; forged or altered, and the buying and (d) provides for the registration of persons selling of such a certificate; and who desire to carry out any practice of (g) provides for the appointment of an optometry or opticianry, and for the assessor to the Board, being an advocate Minister to make regulations to provide and solicitor of not less than ten years’ for different classes of registration, the standing, to advise the Board and any By Joyce Chng and Emily Teo, Legislation form and manner of application for committee appointed by the Board. Division, Attorney-General’s Chambers registration, the qualifications for

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july 2007 legislation update

Bills introduced in Parliament in The Bill also repeals the Contact Lens (e) to provide for the Committee of May and June 2007 Practitioners Act (Cap 53A) and makes a Management to set apart 75% of the net consequential amendment to the Central income of the Corporation in each Provident Fund Act (Cap 36). accounting period of the Corporation, Subsidiary legislation published and to donate 25% of the net income to in May and June 2007 The Ngee Ann Kongsi (Incorporation) the Ngee Ann Polytechnic, 40% of the (Amendment) Bill (No 25 of 2007) seeks to net income to such other educational amend the Ngee Ann Kongsi (Incorporation) institutions and in such manner as the Acts brought into operation in Ordinance (Cap 370) for the following main Minister may approve, and 10% of the May and June 2007 purposes: net income for other charitable purposes (a) to alter the composition of the in Singapore, and to restrict how moneys Committee of Management of the received by the Corporation may be Corporation; utilised, so as to preserve the capital of Revision of subsidiary legislation (b) to provide for the appointment of the Corporation; and in May 2007 Honorary Past Presidents to serve as (f) to prohibit the Corporation and certain advisers to the Committee of directors of subsidiaries of the Management; Corporation from action in any manner (c) to restate certain procedural matters which is prejudicial to the interests of the relating to General Meetings of the educational institutions which benefit Corporation; from the donations when exercising their (d) to prohibit the Committee of voting rights in relation to significant Management from proposing any proposals affecting subsidiaries of the amendment to the Ordinance without Corporation. By Joyce Chng and Emily Teo, Legislation the prior approval of the members of the Division, Attorney-General’s Chambers Corporation at a General Meeting;

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july 2007 legislation update

Bills introduced in Parliament in Subsidiary legislation published in May Pan Island Expressway, Tampines Avenue 5 May and June 2007 and June 2007 and Tampines Avenue 1 from 27 May 2007 to 30 May 2008 (both dates inclusive), The Legal Profession (Solicitors’ Accounts) notwithstanding r 28 of the Road Traffic Rules Subsidiary legislation published (Amendment) Rules 2007 (Cap 276, R 20) (which provides that no in May and June 2007 (G N No S 206/2007, wef 15 May 2007) vehicle, except perambulators, shall be amend the Legal Profession (Solicitors’ driven, parked or ridden on the footway of Accounts) Rules (Cap 161, R 8) principally to a road). Acts brought into operation in provide that — May and June 2007 (a) no money shall be drawn from a client The Rules of Court (Amendment) Rules account by a cash cheque or a bearer 2007 (G N No S 228/2007, wef 1 July 2007) cheque except with the leave of a Judge amend the Rules of Court (Cap 322, R 5) of the High Court; and principally as follows: Revision of subsidiary legislation (b) no money shall be drawn from a client (a) to permit self-representation by corporate in May 2007 account by means of any automated teller bodies in respect of all hearings related machine, telephone banking service, or to the following “expedited writ claims” online banking service. in the Subordinate Courts in accordance with Practice Directions to be issued: The Road Traffic (Bicycles) (Exemption) (i) simple debt claims of $20,000 and Order 2007 (G N No S 221/2007) provides below; that any person may ride a bicycle on the (ii) non-injury motor accident claims; and footway of any road within the area bounded (iii) claims by victims of crime (which are by and inclusive of Tampines Avenue 8, confined to general damage claims By Joyce Chng and Emily Teo, Legislation Tampines Street 73, Tampines Avenue 9, for pain and suffering flowing from Division, Attorney-General’s Chambers Tampines Avenue 12, Tampines Expressway, personal injury);

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july 2007 legislation update

Bills introduced in Parliament in (b) to state that the security deposit of $10,000 s 85(3) order may be made after the May and June 2007 or the sum held pursuant to a solicitor’s direction or commitment has been undertaking shall be used to pay the registered, or together with an respondent’s costs when costs are payable application for registration of the Subsidiary legislation published to the respondent, and shall be paid out direction or commitment; and that the in May and June 2007 to the appellant when no costs are payable application be made by summons to the respondent; supported by affidavit and that the (c) to provide that the registries in the hearing of such an application be ex Acts brought into operation in Supreme Court and Subordinate Court parte in cases of urgency. May and June 2007 shall be open on all days of the year except Saturdays, Sundays and public holidays, The Banking (Reserve Fund) (Transitional unless otherwise directed; Provision) Regulations 2007 (d) to provide that there is no longer a need (G N No S 240/2007, wef 11 June 2007) Revision of subsidiary legislation for hard copies of court orders to be provide that a bank in Singapore may — in May 2007 forwarded to the Auditor-General’s Office; (a) in the period starting 11 June 2007 and and ending 31 December 2007; and (e) in relation to O 97 — (b) in each subsequent calendar year, (i) to include references to directions made distribute or utilise in any manner any by the Competition Commission of amount in its reserve fund maintained Singapore under the new s 58A of the under s 22(1) of the Banking Act (Cap 19) Competition Act (Cap 50B) and in force immediately before 31 March 2007, commitments accepted by the provided that any amount distributed or Commission under the new s 60A of utilised under para (a) or para (b) does not By Joyce Chng and Emily Teo, Legislation that Act; and exceed 20% of the aggregate amount of Division, Attorney-General’s Chambers (ii) to provide that an application for a that reserve fund as at 30 March 2007.

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july 2007 legislation update

Bills introduced in Parliament in Acts brought into operation in May and 5. Gas (Amendment) Act 2007 (Act 24 of May and June 2007 June 2007 2007) — (a) section 36 with effect from 8 June 1. Statutes (Miscellaneous Amendments) 2007 by G N No S 244/2007: Subsidiary legislation published Act 2007 (Act 2 of 2007) (Sections 8 and (b) sections 26, 813, 1535 and 37 with in May and June 2007 11 wef 2 May 2007 by G N No S 62/2007). effect from 11 June 2007 by G N No S 244/2007. 2. Land Acquisition (Amendment) Act 2007 Acts brought into operation in (Act 19 of 2007) (wef 7 May 2007 by 6. Gas Act (Cap 116A) (Sections 3(3)(a), May and June 2007 G N No S 199/2007). 3(3)(b), 3(3)(c), 3(3)(d), 3(3)(f) and 3(3)(g) and 3(6), 8, 9, 10, 14 to 18, 21, 24, 27, 3. Education Endowment Scheme 28, 30, 31, 36, 38, 4044, 47, 48, 53, 54, (Amendment) Act 2007 (Act 6 of 2007) 58, 59, 60, 61, 6468, 86, 92, 96 and 97 Revision of subsidiary legislation (wef 22 May 2007 by G N No S 213/2007). wef 11 June 2007 by G N No S 245/2007). in May 2007 4. Legal Profession (Amendment) Act 2007 7. Spam Control Act 2007 (Act 21 of 2007) (Act 20 of 2007) (wef 1 June 2007 by (wef 15 June 2007 by G N No S 246/2007). G N No S 216/2007 except s 24(1)).

By Joyce Chng and Emily Teo, Legislation Division, Attorney-General’s Chambers

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july 2007 legislation update

Bills introduced in Parliament in Revision of subsidiary legislation in 3. Nanyang Technological University May and June 2007 May 2007 (Corporatisation) Act (Cap 192A) (a) Nanyang Technological University The Law Revision Commissioners have Students’ Union and Constituent Subsidiary legislation published published, in loose-leaf form, the May 2007 Bodies (Exemption) Order (O 1) in May and June 2007 Revised Edition of Subsidiary Legislation (S 201/2006) made under the following Acts (wef 15 May 2007 by G N No S 208/2007), incorporating 4. National University of Singapore Acts brought into operation in all the amendments up to 1 May 2007: (Corporatisation) Act (Cap 204A) May and June 2007 (a) National University of Singapore 1. Biological Agents and Toxins Act Students’ Union and Constituent (Cap 24A) Bodies (Exemption) Order (O 1) (a) Biological Agents and Toxins (S 200/2006) Revision of subsidiary legislation (Transportation) Regulations (Rg 1) in May 2007 (S 875/2005) 5. Sewerage and Drainage Act (Cap 294) (a) Sewerage and Drainage (Sanitary 2. Central Provident Fund Act (Cap 36) Appliances and Water Charges) (a) Central Provident Fund (Medisave Regulations (Rg 1) (S 166/99) Account Withdrawals) Regulations (b) Sewerage and Drainage (Sanitary (Rg 17) (S 570/2001) Works) Regulations (Rg 2) (S 167/99) (b) Central Provident Fund (Self- (c) Sewerage and Drainage (Sewage Employed Persons) Regulations Treatment Plants) Regulations (Rg 3) (Rg 25) (S 303/92) (S 168/99) By Joyce Chng and Emily Teo, Legislation Division, Attorney-General’s Chambers

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july 2007 legislation update

Bills introduced in Parliament in (d) Sewerage and Drainage (Surface 6. Singapore Management University Act May and June 2007 Water Drainage) Regulations (Rg 4) (Cap 302A) (S 169/99) (a) Singapore Management University (e) Sewerage and Drainage (Trade (Students’ Association and Subsidiary legislation published Effluent) Regulations (Rg 5) (S 170/99) Constituent Bodies) (Exemption) in May and June 2007 (f) Sewerage and Drainage Order (O 1) (S 568/2005) (Composition of Offences) Regulations (Rg 6) (S 269/2006) Acts brought into operation in (g) Sewerage and Drainage (Application May and June 2007 Fees) Regulations (Rg 7) (S 618/2001)

Revision of subsidiary legislation in May 2007

By Joyce Chng and Emily Teo, Legislation Division, Attorney-General’s Chambers

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july 2007 case law update

Administrative Law Administrative Law entered into on back-to-back basis with main Remedies — Certiorari and mandamus — contract incorporating main contract in its Building and Construction Law Whether application for leave for order of entirety Civil Procedure certiorari and mandamus made out of time — When three-month period under O 53 GIB Automation Pte Ltd v Deluge Fire Companies r 1(6) of Rules of Court commencing — Protection (SEA) Pte Ltd [2007] SGHC 48 Whether sufficient grounds for leave for Contract order of certiorari and mandamus to be Civil Procedure granted under O 53 r 1(1) of the Rules of Appeals — Company suffering loss as result Copyright Court existing — Order 53 r 1 Rules of Court of breach of fiduciary duties owing to it — (Cap 322, R 5, 2004 Rev Ed) Criminal Procedure and Sentencing Respondent company’s loss reflective of company’s loss — Whether respondent Teng Fuh Holdings Pte Ltd v Collector of Evidence company may recover such loss where Land Revenue [2007] SGCA 14 argument regarding principle of reflective Family Law loss introduced by appellate court on its Building and Construction Law own initiative Land & Legal Profession Sub-contracts — Incorporation of main contract terms — Construction of back-to- Townsing Henry George v Jenton Overseas Limitation of Action back provision — Whether sub-contract Investment Pte Ltd (in liquidation) [2007] SGCA 13

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july 2007 case law update

Administrative Law Service — Leave to serve writs out of Singapore applying to Hong Kong — jurisdiction granted — Whether invoking Order 11 r 4(1), O 11 r 4(2) Rules of Court Building and Construction Law jurisdiction of court — Burden of proving (Cap 322, R 5, 2006 Rev Ed) service of process effected in appropriate Civil Procedure manner lying on respondents as plaintiffs — Lee Hsien Loong v Review Publishing Companies Whether burden remaining on respondents Company Ltd and another and another suit when challenge to jurisdiction brought — [2007] SGHC 24 Contract Section 16(1) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) Service — Leave Striking out — Non-exclusive licensee of Copyright to serve writs out of jurisdiction granted — copyright commencing action for alleged Whether order granting leave should be set infringement of copyright — Whether action Criminal Procedure and Sentencing aside as abuse of process of court — to be struck out or whether non-exclusive Whether claims for damages and injunctive licensee may amend pleadings and add Evidence relief contained in writs confined to damages copyright owners as plaintiffs to remain as sustained or actions taken within Singapore party to action — Order 15 r 6(2)(b)(ii) Rules Family Law — Order 11 r 1 Rules of Court (Cap 322, of Court (Cap 322, R 5, 2006 Rev Ed) R 5, 2006 Rev Ed) Land & Legal Profession Alliance Entertainment Singapore Pte Ltd v Service — Whether civil procedure Sim Kay Teck and another [2007] SGHC 43 Limitation of Action convention subsisting between Singapore and Hong Kong — Whether treaty concluded Summary judgment — Leave to defend claim between People’s Republic of China and — Court requiring some demonstration of

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july 2007 case law update

Administrative Law commitment to claimed defence on part of breach of duty to act bona fide — Application defendant — Whether appropriate to impose of “actual conflict” rule Building and Construction Law condition Directors — Duties — Breach of statutory Civil Procedure Summary judgment — Whether facts duties and fiduciary duties — Appellant sufficing to give rise to such a degree of director making payment to chargee Companies although charges not conferring such proximity as to warrant raising of equitable entitlement — Whether court should rectify set-off by one party against claims of other Contract charges to reflect parties’ common intentions party when chargee not party to proceedings — Copyright Whether court should exercise equitable Abdul Salam Asanaru Pillai (trading as South jurisdiction to rectify charges Criminal Procedure and Sentencing Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd [2007] SGHC 42 Townsing Henry George v Jenton Overseas Evidence Investment Pte Ltd (in liquidation) [2007] Companies SGCA 13 Family Law Directors — Duties — Breach of statutory duties and fiduciary duties — Appellant Contract Land & Legal Profession director making payment to chargee Breach — Repudiatory breach — Whether although charges not conferring such actions of party in breach such that party Limitation of Action entitlement — Appellant director of parent may reasonably be taken to have renounced and subsidiary company and also of contract — Whether party entitled to companies with conflicting interests — terminate contract on basis of own view of Whether appellant’s actions amounting to terms of contract

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july 2007 case law update

Administrative Law Remedies — Mitigation of damage — Duty and incapacitation — Whether reliable to mitigate losses — Applicable principles support network upon release necessary Building and Construction Law where accused person requiring lifelong GIB Automation Pte Ltd v Deluge Fire supervision Civil Procedure Protection (SEA) Pte Ltd [2007] SGHC 48 Public Prosecutor v Lim Ah Liang [2007] Companies Copyright SGHC 34

Contract Infringement — Non-exclusive licensee of copyright commencing action for alleged Sentencing — Principles — Policy considerations underpinning deterrent Copyright infringement of copyright — Whether non- exclusive licensee of copyright having title sentencing — Offences normally attracting to maintain action for infringement of deterrent sentences Criminal Procedure and Sentencing copyright — Nature of rights of non-exclusive licensee of copyright under Copyright Act Sentencing — Principles — Respondent Evidence — Sections 123, 124 Copyright Act (Cap 63, pleading guilty to charges under Computer 2006 Rev Ed) Misuse Act and Penal Code for working in Family Law syndicate involved in perpetrating ATM card Alliance Entertainment Singapore Pte Ltd v fraud — Whether totality principle and one- Land & Legal Profession Sim Kay Teck and another [2007] SGHC 43 transaction rule for sentencing applicable —Sections 4, 10 Computer Misuse Act Limitation of Action Criminal Procedure and Sentencing (Cap 50A, 1998 Rev Ed)

Sentencing — Mentally disordered offenders Sentencing — Principles — Whether — Crucial considerations of rehabilitation relevance of foreign case law limited to

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july 2007 case law update

Administrative Law clarifying principles — Whether quantum of communications made by contractor in sentencing in other jurisdictions not relevant course of discussions with and in letter to Building and Construction Law employer made “without prejudice” and Public Prosecutor v Law Aik Meng [2007] therefore inadmissible — Whether Civil Procedure SGHC 33 communications amounting to admissions — Whether communications made in context Companies Sentencing — Principles — Whether to of negotiations to settle dispute between impose sentence of life imprisonment — parties — Whether privilege applying to Contract Whether Hodgson criteria satisfied negotiations on quantum even where admission of liability existing Copyright Public Prosecutor v Lim Ah Liang [2007] SGHC 34 Sin Lian Heng Construction Pte Ltd v Criminal Procedure and Sentencing Singapore Telecommunications Ltd and Evidence another suit [2007] SGHC 22 Evidence Admissibility of evidence — Hearsay — Family Law Whether truth of contents of document Family Law accepted as authentic still needing to be Matrimonial assets — Division — Property proved — Limits to applicable principle purchased during marriage in husband’s sole Land & Legal Profession name after wife pulled out of purchase — GIB Automation Pte Ltd v Deluge Fire Whether such property that wife wanted to Limitation of Action Protection (SEA) Pte Ltd [2007] SGHC 48 have no part in amounted to matrimonial asset to be divided between parties — Admissibility of evidence — “Without Section 112 Women’s Charter (Cap 353, prejudice” communications — Whether 1997 Rev Ed)

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july 2007 case law update

Administrative Law Matrimonial home — Matrimonial home Legal Profession purchased jointly by husband and wife — Show cause action — Lawyers acting in conflict Building and Construction Law Husband and wife paid lump-sum down of interests — Lawyers enabling unauthorised payment but wife solely responsible for person to undertake or carry on legal work at Civil Procedure monthly loan payments — Manner in which their premises — Whether lawyers’ conduct matrimonial home to be divided between Companies amounting to misconduct unbefitting an parties advocate and solicitor — Appropriate sentence Contract in light of lawyers’ public service — Ong Boon Huat Samuel v Chan Mei Lan Kristine Sections 83(1), 83(2)(h) Legal Profession Act [2007] SGCA 19 Copyright (Cap 161, 2001 Rev Ed) Land Criminal Procedure and Sentencing Law Society of Singapore v Seah Li Ming Edwin Easements — Rights of way — Right of way and another [2007] SGHC 35 over servient tenement — Whether owner of Evidence dominant tenement giving up right of way by Limitation of Actions amending development plans to exclude Equity and limitation of actions — Doctrine of Family Law original proposed road on servient tenement laches — Whether claim by beneficiary against — Whether owner of dominant tenement personal representative may be barred by Land & Legal Profession entitled to repair and/or maintain such right of doctrine of laches where unconscionability on way Limitation of Action beneficiary’s part existing — Applicable Management Corporation of Grange Heights principles Strata Title No 301 v Lee Tat Development Pte Ltd [2007] SGHC 32 Particular causes of action — Estates of deceased — Whether limitation period under

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july 2007 case law update

Administrative Law s 23(a) Limitation Act applying to claim concerning real estate — Whether s 22(1)(b) Building and Construction Law Limitation Act excluding application of limitation period — Sections 2(1), 22(1)(b), 23(a) Limitation Civil Procedure Act (Cap 163, 1996 Rev E d)

Companies When time begins to run — Whether beneficiary may stand by indefinitely and take no steps to Contract assert claim on ground that time bar inapplicable because administration remaining uncompleted Copyright even though right to receive share or interest in estate accruing Criminal Procedure and Sentencing Re Estate of Tan Kow Quee (alias Tan Kow Evidence Kwee) [2007] SGHC 19

Family Law

Land & Legal Profession

Limitation of Action

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January

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27 28 29 30

LEGAL EDUCATION & TRAINING CALENDAR FROM JULY 2007 TO OCTOBER 2007

DATE TOPIC SPEAKER(S)/TRAINER(S) ORGANISER(S) 4, 18 Jul (Wed) Adobe 7.0 NTUC Learning Hub 1.30pm–5.30pm

6 Jul (Fri) EFS Phase 4B Clifford Leslie Nonis 9.00am–12.00pm Crimson Logic

9, 23 Jul (Mon) Adobe 8.0 NTUC Learning Hub 1.30pm–5.30pm

9–11 Jul (Mon–Wed) EFS FE Full Course Clifford Leslie Nonis LTC 9.00am–5.00pm Crimson Logic

12 Jul (Thu) STARS e-Lodgement Serena Lim 1.30pm–5.30pm BiziBody

16 Jul (Mon) LawNet Services at a Glance Serena Lim 9.30am–5.30pm BiziBody

20 Jul (Fri) LawNet Conveyancing: Serena Lim 9.00am–5.00pm Intereq & STARS E-Lodgement BiziBody

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January

mon tue wed thur fri sat sun 1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 july 2007 calendar 20 21 22 23 24 25 26

27 28 29 30

DATE TOPIC SPEAKER(S)/TRAINER(S) ORGANISER(S)

25 Jul (Wed) EFS ROC Phase 1 & 2 Clifford Leslie Nonis 9.00 am–5.00pm Crimson Logic

6 Aug (Mon) Ms Word for Legal Professionals Clifford Leslie Nonis 9.00am–5.00pm Crimson Logic

8 Aug (Wed) Adobe 8.0 NTUC Learning Hub LTC 1.30pm–5.30pm

13–15 Aug (Mon–Wed) Adobe 8.0 NTUC Learning Hub 9.00am–5.00pm

16 Aug (Thu) STARS e-Lodgement Serena Lim 1.30pm–5.30pm BiziBody

22–23 Aug (Wed–Thu) 10th Singapore Conferences on See National University of 9.00am–5.00pm International Business Law – The http://law.nus.edu.sg/ccls/ Singapore (NUS) Regulation of Wealth Management scibl2007 for details. & LES

29 Aug (Wed) Climate Change and the Dr Charlotte Streck Asia-Pacific Centre 2.30pm–5.00pm Kyoto Mechanisms Climate Focus, the for Environmental Netherlands Law (APCEL) & LES

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January

mon tue wed thur fri sat sun 1 2 3 4 5

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27 28 29 30

DATE TOPIC SPEAKER(S)/TRAINER(S) ORGANISER(S)

20–21 Sep (Thu–Fri) Mediation: Strategic Conflict Loong Seng Onn 9.00am–5.00pm Management for Professionals & Carol Liew

3–5 Oct; 12 Oct Associate Mediator Loong Seng Onn SMC (Wed–Fri, Fri) Accreditation Course & Carol Liew 9.00am–5.00pm

Please note that all information is correct at the time of publication. While every effort is made to retain the original arrangements, changes may sometimes be necessary. Details on select events may be found on the Academy’s website at http://www.sal.org.sg/

For enquiries and more information, please contact the respective organisers: LawNet Training Centre (LTC): Seri Adilia at tel: (65) 6332 4256 or Aida Bte Abdul Rahman at tel: (65) 6332 4382 or [email protected] Legal Education and Studies (LES): Serene Ong at tel: (65) 6332 4032 or [email protected] Singapore Mediation Centre (SMC): Survinder Kaur at tel: (65) 6332 4213 or [email protected]. For more information on the SMC courses above, please visit http://www.mediation.com.sg/pdf/SMCTraining2007.pdf

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