SAL Annual Report 2017
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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. -
OPENING of the LEGAL YEAR 2019 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2019 Speech by Attorney-General, Mr Lucien Wong, S.C. Monday, 7 January 2019 Supreme Court Building, Level Basement 2, Auditorium May it please Your Honours, Chief Justice, Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court, Introduction: AGC in Support of the Government, for the People 1 2018 was a fast-paced year for the Government and for the Attorney-General’s Chambers. The issues occupying the thoughts of Singapore’s leaders were complex and varied, with several key themes coming to the fore. These themes shaped our work over the past year, as we strove to be a strategic partner in support of the Government’s plans and initiatives, for the benefit of our country and its citizens. I will touch on three of these themes. 2 The first theme was our Smart Nation. This initiative aims to tap on the ongoing digital revolution in order to transform Singapore through technology. The Smart Nation vision is for Singapore to be a world-class leader in the field of digital innovation, resting on the triple pillars of a digital economy, digital government, and digital society. The Smart Nation revolution will play a critical part in ensuring our continued competitiveness on the world stage, powered by digital innovation. 1 3 Data sharing was and continues to be a critical aspect of this initiative. To this end, a new law was passed in 2018 which introduced a data sharing regime among different agencies in the Singapore Government. The Public Sector (Governance) Act 2018, which was drafted by our Chambers in support of this initiative, underpins and formalises a data sharing framework for the Singapore public sector. -
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. -
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. -
Singapore Judgments
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. Guy Neale and others v Ku De Ta SG Pte Ltd [2015] SGCA 28 Court of Appeal — Civil Appeal No 171 of 2013 Sundaresh Menon CJ, Chao Hick Tin JA and Andrew Phang Boon Leong JA 26 May 2014; 11 March 2015 Trade marks and trade names — Licensing 26 May 2015 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 The parties in this appeal are operators of popular dining and nightlife establishments. Their dispute concerns the use of the name “Ku De Ta”. The parties on both sides use this name for their respective businesses. All of the appellants are current members of a partnership (“the Partnership”) that owns and operates a restaurant, bar and club in Bali, Indonesia. The Partnership is also the beneficial owner of two registered trade marks in Singapore relating to the “Ku De Ta” name (“the Singapore Marks”). The registrations for the Singapore Marks were until recently held by Nine Squares Pty Ltd (“Nine Squares”) on trust for the Partnership. The respondent is Ku De Ta SG Pte Ltd (“the Respondent”), a company that operates the restaurant, bar, lounge and club which bear the “Ku De Ta” name at the Skypark at the Marina Bay Sands Guy Neale v Ku De Ta SG Pte Ltd [2015] SGCA 28 development (“MBS”) in Singapore. For convenience, we will refer to the Partnership’s business as “Ku De Ta Bali” and the Respondent’s business as “Ku De Ta Singapore”. -
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. -
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 -
Maritime Law in Singapore
Singapore: An Overview of Shipping Law Photograph courtesy of the Maritime and Port Authority of Singapore “This is a most valuable judgment, both for its depth of analysis and the width of its comparative law survey.” - The English Court of Appeal in The Alkyon [2018] EWCA Civ 2760 commenting on the judgment of the Singapore Court of Appeal delivered by Rajah JA in The Vasiliy Golovnin [2008] SGCA 39 Supporting organisations: Printed in March 2021 Table of Contents I. Introduction 1 II. Application of English Law Act, International 3 Conventions & Treaties III. Singapore Legal System 5 IV. Contract 7 V. Tort of Negligence 11 VI. Collisions 13 VII. Arrest 15 VIII. Arbitration 19 IX. Enforcement 23 X. Conclusion 27 Schedule I: Singapore Registry of Ships 28 Schedule II: List of International Conventions 29 ratified by Singapore Useful Links 30 Acknowledgements 31 I. INTRODUCTION Singapore - A Maritime and Trading Hub Singapore is today one of the busiest ports in the world. With more than 130,000 vessels calling at the port of Singapore annually, it acts as a maritime gateway to Asia. Backed by good infrastructure and governmental support, it is also home to more than 150 of the world’s top international shipping groups. The Singapore Registry of Ships has also grown over the years and today it boasts more than 4,000 vessel registrations. See Schedule I for a more detailed discussion on the registration of ships in Singapore. The importance of the maritime industry to Singapore, and to the rest of the world, has led to a modern, sophisticated and constantly evolving legal framework. -
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. -
Dinner Hosted by the Judiciary for the Forum of Senior Counsel
DINNER HOSTED BY THE JUDICIARY FOR THE FORUM OF SENIOR COUNSEL FRIDAY, 14 MAY 2010 REMARKS BY CHIEF JUSTICE CHAN SEK KEONG Ladies and Gentlemen: My colleagues and I warmly welcome you to tonight’s dinner, the second that the Judiciary is hosting for the Forum of Senior Counsel. In particular, I would welcome my predecessor as AG, Mr Tan Boon Teik who, instead of relaxing at home, has taken the trouble to join us tonight. The presence of so many Judges of the Supreme Court and Senior Counsel augurs well for this annual series of dinners evolving into a tradition that will continue to strengthen the bonds between the Bar and the Judiciary. 2. This dinner is not meant to be an occasion for long boring speeches, so I will keep my remarks short and make only three points. First, the Institute of Legal Education is in the process of developing a framework for Continuing Professional Development (CPD) in Singapore. Justice V K Rajah and his committee have been working very hard to set up a CPD programme that will be effective and meaningful to the Bar. It will be a serious programme, under which we will drag unwilling horses to the trough to drink. But we hope that the CPD programme will provide a true learning experience and not be a wasteful imposition on the Bar. It will be a great achievement if members of the Bar welcome this programme and not dismiss it as being a PR exercise. 2 3. When the CPD programme is finalised, we will need Senior Counsel and leading members of the corporate Bar to become lecturers, instructors and mentors.