SINGAPORE LEGAL SERVICE
2018 IN REVIEW
SINGAPORE LEGAL SERVICE A 2018 IN REVIEW OUR MISSION The mission of the Legal Service Commission is to maintain a dedicated corps of officers with integrity and ability to staff the Judiciary, the Attorney-General’s Chambers and the Legal Service departments of various Ministries and other arms of Government.
B SINGAPORE LEGAL SERVICE
CONTENTS 02 The Judicial Branch 14 The Legal Branch 30 Ministries, Legal Service Departments and Statutory Boards/Statutory Bodies
SINGAPORE LEGAL SERVICE 1 2018 IN REVIEW THE JUDICIAL BRANCH
2 LEGAL SERVICE COMMISSION ANNUAL REPORT 2018 THE JUDICIAL BRANCH
The Judicial Branch of the Legal Service a variety of pre-trial and post-trial is a key component of the Singapore applications. In addition, the registrars sit Judiciary. It is presided over by the in open court to conduct committal Chief Justice. The Legal Service Officers hearings for criminal trials where these (“LSOs”) in the Judicial Branch serve are required under the relevant criminal in the Supreme Court Registry, the legislation. The registrars also play an Justices’ Law Clerks (“JLC”) pool at active role in managing civil and the Supreme Court, the Office of the criminal matters heard in the High Chief Justice at the Supreme Court, the Court by giving appropriate procedural Singapore Judicial College (“SJC”), the directions at pre-trial conferences to State Courts, and the Family Justice ensure that all cases are dealt with Courts (“FJC”). expeditiously.
The LSOs in the Supreme Court Registry The registrars may serve concurrently in are supervised by the Registrar of the the Divisional Registries of the SICC and Supreme Court. The JLCs and the Office the Court of Appeal, where they assist in of the Chief Justice come under the case management. In 2018, the registrars direct oversight of the Chief Justice. of the Divisional Registry of the SICC The LSOs in the State Courts and the also assisted a committee comprising local FJC are supervised respectively by the and international judges to draft a set Presiding Judge of the State Courts of bespoke procedural rules to facilitate and the Presiding Judge of the FJC. international commercial litigation in the SICC. The Supreme Court In addition to the various functions Supreme Court Registry and which they discharge across the different Justices’ Law Clerks Divisional Registries, the registrars support initiatives for judicial reform, serve on The Supreme Court Registry is organised the secretariats of committees and into three divisions, each of which supports disciplinary tribunals, and assist in the the work of the Court of Appeal, the Supreme Court’s international relations High Court and the Singapore International efforts. In 2018, a team of registrars Commercial Court (“SICC”) respectively. helped to successfully organise the Each division is overseen by a Divisional 13th ASEAN Law Association General Registrar, who reports directly to the Assembly and the 2018 ASEAN Law Registrar, who in turn has overall charge Conference. They also assisted in of the Registry. important strategic initiatives such as the 2nd Singapore-China Legal and The registrars hear various civil matters in Judicial Roundtable, the Civil Justice the High Court. These include bankruptcy Commission, the Committee for the applications, mortgage actions as well as Professional Training of Lawyers, the
SINGAPORE LEGAL SERVICE 3 2018 IN REVIEW Judicial Insolvency Network and the Admiralty Court User’s Committee in Office of the Chief 2018. Justice
The continuing professional development The Chief Executive (Office of the Chief of the registrars is ensured through their Justice) (“CE”) is the Accounting Officer participation in training offered by the for the Supreme Court and the FJC. SJC as well as overseas attachments, The CE ensures the implementation of meetings and conferences. This is a strong governance, risk and compliance complemented by a continuing judicial framework and oversees the administrative education initiative launched in 2018, and operational matters in the Supreme under the auspices of which talks and Court and the FJC. In addition, the regular updates on significant legal issues CE provides strategic policy support and developments are provided to the and oversees strategic projects as registrars. directed by the Chief Justice. The CE also oversees the promotional and The Supreme Court Bench is also development work of the SICC. supported by JLCs. The JLCs assist the Judges to whom they are assigned on In 2018, the CE led a multi-agency various matters including research on effort to successfully host the 2nd the law. The JLCs, who are appointed for Singapore-China Legal and Judicial a term of two years under the supervision Roundtable. At the Roundtable, the of the Chief Justice, have the unique Supreme Court and the Supreme People’s privilege of working for, and being Court of the People’s Republic of China mentored by, the Judges and Judicial signed a Memorandum of Guidance on Commissioners of the High Court in the Recognition and Enforcement of their first year, and the Chief Justice Money Judgments in Commercial Cases and the Judges of Appeal in their and established a Working Group second year. Under the JLC Continuing for the Development of the Legal Education Programme, the JLCs also Infrastructure Supporting the Belt and have the opportunity to learn from the Road Initiative. experiences of a range of distinguished speakers. As at 31 December 2018, there was one LSO in the Office of the Chief Justice. As at 31 December 2018, there were 33 LSOs in the Supreme Court Registry – Juthika Ramanathan (Ms) the Registrar, the Deputy Registrar, Chief Executive six Senior Assistant Registrars and 25 Office of the Chief Justice Assistant Registrars – and 40 JLCs
Vincent Hoong Registrar Supreme Court
4 SINGAPORE LEGAL SERVICE 2018 IN REVIEW The SJC launched a new Master of Singapore Judicial Laws in Judicial Studies programme College jointly offered by the Singapore Management University (“SMU”). The The SJC serves the learning and first of its kind in the region, it developmental needs of judges. provides advanced judicial training for serving judges and judicial aspirants The SJC began 2018 by reviewing and by faculty comprising the judiciary, the revamping its curricula. It enhanced SMU, and the SJC. the induction programme for newly appointed judges with mandatory core As at 31 December 2018, there were two courses to be undertaken throughout a LSOs in the SJC. year-long period. It also reconceived the Masterclasses as “deep-dive” sessions Foo Chee Hock on selected topics in specialised areas Dean of the law. Singapore Judicial College
The SJC’s international programmes reached close to 1,300 participants across 76 jurisdictions. Besides inaugural runs of its flagship programmes in Cambodia, Laos, Myanmar and Vietnam, the SJC presented a customised judgment writing programme for the Brunei judiciary. Alongside the US National Judicial College and the European Judicial Training Network, the SJC also spoke at an international conference organised by the Supreme Court of Korea’s Judicial Research and Training Institute. Finally, the SJC held institutional exchanges in China and Singapore with the Chinese National Judges College.
SINGAPORE LEGAL SERVICE 5 2018 IN REVIEW Supreme Court Registry, Office of the Chief Justice and Singapore Judicial College
(Left to Right) Front row: Ms Cheng Pei Feng, Edwin San Ong Kyar, Ms Cornie Ng Teng Teng, Christopher Tan Pheng Wee, Ms Teh Hwee Hwee, Vincent Hoong Seng Lei (Registrar, Supreme Court), Chief Justice Sundaresh Menon, Foo Chee Hock (Dean, Singapore Judicial College), Ms Juthika Ramanathan (Chief Executive, Office of the Chief Justice), Tan Ken Hwee, Phang Hsiao Chung, Ms Chong Chin Chin
(Left to Right) Second row: Ms Jean Chan Lay Koon, Ms Jacqueline Lee Siew Hui, Ms Gan Kam Yuin, Jay Lee Yuxian, James Elisha Lee Han Leong, Ms Janice Wong Shi Hui, Ms Karen Tan Teck Ping, Ms Lim Sai Nei, Ms Norine Tan Yan Ling, Ms Wong Li Tein, Ms Zeslene Mao Huijing, Paul Quan Kaih Shiuh, Ms Li Yuen Ting, Paul Tan Wei Chean, David Lee Yeow Wee, Elton Tan Xue Yang
(Left to Right) Back row: Kenneth Choo Wing Kong, Ramu Miyapan, Bryan Fang Hao Wen, Jonathan Ng Pang Ern, James Low Yunhui, Kenneth Wang Ye, Colin Seow Fu Hong, Navin Anand, Ms Una Khng, Scott Tan Chun Wen, Justin Yeo Rong Wei, Paul Chan Wei Sern
6 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Justices’ Law Clerks
(Left to Right) Front row: Damien Chng Cheng Yee, Ms Rachel Tan Jia Qi, Theodore Tan Jian Hui, Chong Kee En, Chief Justice Sundaresh Menon, Bryan Ching Yu Jin, Ms Melissa Ng Li Ling, Ms Esther Wong Mei-Yu, Caspar Loi Guan Lin
(Left to Right) Second row: Chia Chen Wei, Dennis Saw Teng Sheng, Ms Chua Xyn Yee, Ms Beverly Lim Kai Li, Ms Alison See Ying Xiu, Ms Darshini Ramiah, Ms Lu Yiwei, Ms Du Xuan, Ms Joanne Leong Wai Teng, Ms Deborah Tang Pei Le, Ms Iris Ng Li Shan, Daniel Ho Qi Rui
(Left to Right) Back row: Reuben Ong Zhihao, Huang Jiahui, Faraaz Amzar Mohamed Farook, Andre Soh Kheng Yau, Tan Wen Shan, Alfie Lim Si En, Victor Yao Lida, Sampson Lim Jie Hao, Jonathan Kenric Trachsel, Muhammad Taufiq Bin Suraidi, Lewis Tan Choon Kia, Tan Zhi Xiang
SINGAPORE LEGAL SERVICE 7 2018 IN REVIEW offences, the State Courts launched the The State Courts first instalment of the Witness Orientation Toolkit. The Toolkit aims to assist these 2018 was an eventful and inspiring year vulnerable witnesses as well as their for the State Courts. caregivers and supporters to prepare to attend court as witnesses. This project In keeping with its Workplan 2018 theme was implemented by the State Courts of “Shaping Tomorrow’s Justice”, the in collaboration with Hagar Singapore, State Courts developed protocols and the Community Justice Centre, and the undertook initiatives to stay responsive Centre for Pro Bono & Clinical Legal in an evolving landscape, enhance user Education of the Faculty of Law of the experience, and refine court processes. National University of Singapore. To discourage the initiation of criminal In recognition of the hard work put in proceedings for low-level offences, the by its officers towards organisational State Courts launched pre-action protocols excellence, the State Courts was awarded for Town Council prosecutions to create a Special Recognition in the “Best Change framework for Town Councils to negotiate Management Strategies” category at the and engage with an offender before Human Resource Management Awards criminal proceedings are commenced 2018, 12 awards at the Public Sector for certain regulatory offences under Transformation Award Ceremony, the the Town Councils Act. Singapore Quality Class Star with People Niche Certification, the “Champion of In the civil sphere, the State Courts Good” Award by the National Volunteer introduced an efficient and cost-effective and Philanthropy Centre, the National option for civil litigants to conduct Service Advocate Award, and a Tripartite trials and assessments of damages on a Alliance (Work Life Excellence) Award. documents-only basis where: (a) the issues or facts in dispute centre on the interpretation of documents or exchanges In addition, the State Courts attained two contained in contemporaneous documents; Green Mark (Platinum) awards and a (b) cross-examination is not necessary; Universal Design Mark Award (GoldPlus) (c) witnesses are not available; and/or at the Building and Construction (d) issues can be determined by legal Authority Awards, attesting to its submissions/arguments. commitment to sustainability in its built environment. Further, the Automated To encourage and assist parties to reach Collection System for monies was amicable settlements, the State Courts conferred the Best Finance Transformation introduced conciliation for judges Project (Public Sector) by the Institute of conducting alternative dispute resolution Singapore Chartered Accountants at the conferences. This allows a Judge-conciliator Singapore Accountancy Awards 2018. to proactively propose solutions that can form the basis of parties’ settlement As at 31 December 2018, there were 85 agreements. LSOs in the State Courts.
To assist vulnerable witnesses including Justice See Kee Oon children, persons with mental disabilities Presiding Judge and incapacities, and victims of sexual State Courts
8 SINGAPORE LEGAL SERVICE 2018 IN REVIEW State Courts Senior Management
(Left to Right) Front row: Victor Yeo Khee Eng (2nd Principal District Judge, Criminal Justice Division), James Leong Kiu Yiu (Principal District Judge, Civil Justice Division), Bala Reddy (Senior District Judge, Presiding Judge’s Office), Justice See Kee Oon (Presiding Judge of the State Courts), Chief Justice Sundaresh Menon, Ms Jennifer Marie (Deputy Presiding Judge of the State Courts), Ong Hian Sun (Principal District Judge, Criminal Justice Division), Ms Thian Yee Sze (Principal District Judge, Centre for Dispute Resolution), Siva Shanmugam (Principal District Judge, Community Justice and Tribunals Division)
(Left to Right) Second row: Luke Tan Loke Yong, Ms Laura Lau Chin Yui, Soh Tze Bian, Chay Yuen Fatt, Ms Ong Chin Rhu, Ms Wong Peck
(Left to Right) Back row: Ms Jill Tan Li Ching, Lim Wee Ming, Eddy Tham Tong Kong
SINGAPORE LEGAL SERVICE 9 2018 IN REVIEW State Courts
SINGAPORE LEGAL SERVICE 2018 IN REVIEW
10 10 11 2018 IN REVIEW SINGAPORE LEGAL SERVICE (Left to Right) Back row: (Left to Right) Third row: (Left to Right) Third (Left to Right) Front row: (Left to Right) Front (Left to Right) Fourth row: (Left to Right) Second row: Principal District Judge, Criminal Justice Division), nd Chay Yuen Fatt, Ms Ong Chin Rhu, Ms Wong Peck Wong Fatt, Ms Ong Chin Rhu, Yuen Chay Bala Reddy (Senior District Judge, Presiding Judge’s Office), Bala Reddy (Senior District Judge, Presiding Judge’s Luke Tan Loke Yong, Ms Laura Lau Chin Yui, Soh Tze Bian, Soh Yui, Ms Laura Lau Chin Yong, Loke Tan Luke James Leong Kiu Yiu (Principal District Judge, Civil Justice Division), Yiu James Leong Kiu Ms Thian Yee Sze (Principal District Judge, Centre for Dispute Resolution), Yee Thian Ms Victor Yeo Khee Eng (2 Yeo Victor Siva Shanmugam (Principal District Judge, Community Justice and Tribunals Division), Tribunals Siva Shanmugam (Principal District Judge, Community Justice and Justice See Kee Oon (Presiding Judge of the State Courts), Chief Sundaresh Menon, Ms Georgina Lum Baoling, Ms Wong Choon Ning, Ms Carolyn Woo Wai-Ling, Ms Ong Luan Tze, Ms Ong Luan Wai-Ling, Woo Choon Ning, Ms Carolyn Wong Lum Baoling, Ms Ms Georgina Ms Koh Jiaying, Ms Yan Jiakang, Ms Chee Min Ping, Diana Haven Ho, Kamala Ponnampalan Yan Ms Koh Jiaying, Ms Sarah Tan Yin Tze, Ms Jasbendar Kaur d/o Resham Singh, Ms Kan Shuk Weng, Eugene Teo Weng Kuan, Weng Teo Eugene Weng, Tze, Ms Jasbendar Kaur d/o Resham Singh, Kan Shuk Yin Tan Ms Sarah Ms Regina Lim Siew Mei, Ms Josephine Kang Sin Wil, Ms Constance Tay Woan Fen, Terence Tay Wei Heng, Wei Tay Terence Fen, Woan Tay Ms Constance Wil, Ms Regina Lim Siew Mei, Josephine Kang Sin Ms Low Lih Jeng, Christopher Tan Pheng Wee, Ms Salina Bte Ishak, Mrs Brenda Tan, Shaiffudin Bin Saruwan Tan, Ms Salina Bte Ishak, Mrs Brenda Wee, Pheng Tan Ms Low Lih Jeng, Christopher Ms Olivia Low Pei Sze, Ms Lynette Yap Beng Lyn, Lim Wee Ming, Ms Jill Tan Li Ching, Eddy Tham Tong Kong, Tong Tham Li Ching, Eddy Tan Ming, Ms Jill Wee Lim Beng Lyn, Yap Ms Olivia Low Pei Sze, Lynette Hairul Hakkim s/o Kuthibutheen, Edgar Foo Mau Peng, Kevin Kwek Tze Hern, Kessler Soh Boon Leng, Lim Tse Haw Tse Tze Hern, Kessler Soh Boon Leng, Lim Hairul Hakkim s/o Kuthibutheen, Edgar Foo Mau Peng, Kevin Kwek Ms Karolyn Gin Hoey Kum Hoong, John Ng, Shawn Ho Hsi Ming, Ms Carol Ling Feng Yong, Ronald Gwee Tiong Kee Tiong Ronald Gwee Yong, Ms Karolyn Gin Hoey Kum Hoong, John Ng, Shawn Ho Hsi Ming, Carol Ling Feng Samuel Chua Hwa Kuan, Ow Yong Tuck Leong, Joseph Yeo Swee Teck, Prem Raj s/o Prabakaran, Marvin Bay Boon Teck, Teck, Prem Raj s/o Prabakaran, Marvin Bay Boon Teck, Swee Yeo Leong, Joseph Tuck Yong Samuel Chua Hwa Kuan, Ow Adam Nakhoda, Chua Wei Yuan, Patrick Tay Wei Sheng, Teo Guan Kee, Wong Thai Chuan, Lim Wen Juin, Chiah Kok Khun, Wen Thai Chuan, Lim Wong Guan Kee, Teo Sheng, Wei Tay Patrick Yuan, Wei Adam Nakhoda, Chua Mathew Joseph, Ng Peng Hong, Ms Fong King Man, Ms Janet Wang Lan Jee, Ms Lorraine Ho Yi May, Ms Dorothy Ling Feng Mei, May, Yi Lan Jee, Ms Lorraine Ho Wang Mathew Joseph, Ng Peng Hong, Ms Fong King Man, Janet Ms Jennifer Marie (Deputy Presiding Judge of the State Courts), Ong Hian Sun (Principal District Judge, Criminal Justice Division),
SINGAPORE LEGAL SERVICE 11 2018 IN REVIEW In June 2018, the FJC introduced a The Family Justice simplified process for uncontested Courts applications under the Mental Capacity Act for applicants seeking limited powers In 2018, the Committee to Review and as deputies. The applications can be made Enhance Reforms in the Family Justice using the integrated Family Application System, co-chaired by the Presiding Judge Management System. of the FJC and the Permanent Secretaries of the Ministry of Social and Family To assist court users further, the FJC Development and the Ministry of Law, produced a Probate & Administration studied how elements of therapeutic Toolkit for the filing of non-contentious justice and multi-disciplinary approaches probate cases. Available on the FJC’s could be incorporated into the resolution website, the Toolkit has been well received of family disputes. The endeavour was as an informative and useful guide. to reduce acrimony and conflict among disputing parties and to make every The Vulnerable Adults Act, which expands outcome a positive way forward. Notable support and protection for vulnerable proposals included enhancing the law to members of our society, was implemented support judge-led case management, on 19 December 2018, together with the introducing pre-action mediation, further updated related rules in the Family Justice simplifying the family justice rules and Rules, the Practice Directions, and the processes, and introducing a specialist launch of the Vulnerable Adults Act training programme for family law module in the integrated Family Application judges and practitioners. Management System.
The FJC has begun reviewing the Family Recognising the specialist nature of family Justice Rules to make them more law and practice, an intranet online portal accessible to the lay person and reduce containing family law and other resource the psychological, emotional, and financial materials has been developed to enhance costs for litigants. The task includes the knowledge, skills, and capacity of simplifying the language of the Rules family judges. by removing legalese, improving the coherence of the structure, and streamlining The FJC aspires to continue to build a processes to facilitate the expeditious justice system which helps every family resolution of family proceedings. to find a way forward even as they walk this difficult phase of life. The pilot individual docketing system carried out in 2017 culminated with As at 31 December 2018, there were the implementation of a docketed case 37 LSOs in the FJC. management system in 2018, where highly contentious cases with multiple Justice Debbie Ong applications are identified early in the Presiding Judge proceedings and docketed to be managed Family Justice Courts by a single judge. This ensures the expeditious conduct of proceedings by a single judge who has a deep understanding of the entire case.
12 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Family Justice Courts
(Left to Right) Front row: Kevin Ng Choong Yeong, Kenneth Yap Yew Choh, Chia Wee Kiat, Justice Debbie Ong Siew Ling (Presiding Judge of the Family Justice Courts), Chief Justice Sundaresh Menon, Judicial Commissioner Tan Puay Boon, Muhammad Hidhir Bin Abdul Majid, Ms Toh Wee San, Ms Jen Koh
(Left to Right) Second row: Ms Michelle Claire Elias Solomon, Ms Yarni Loi Teck Yi, Ms Lo Wai Ping, Ms Cassandra Felicia Cheong Pei Shan, Ms Kathryn Low Lye Fong, Ms Kathryn Thong Lijuan, Ms Jinny Tan Ai Ling, Ms Miranda Yeo Eng Joo, Ms Shobha Gopalakrishnan Nair, Ms Adriene Cheong Yen Lin
(Left to Right) Third row: Ms Tan Shin Yi, Ms Janice Chia Yong Yong, Ms Geraldine Kang, Ms Suzanne Chin, Ms Cheryl Koh Mei Chen, Ms Wendy Yu Hui Sann, Ms Guy Bte Ghazali, Ms Christine Dorothy Lee Geok Kim, Ms Nicole Loh Wern Sze, Ms Lim Choi Ming, Ms Kimberly Scully
(Left to Right) Back row: Eugene Tay Chian Yi, Goh Zhuo Neng, Colin Tan Boon Chwee, Wong Sheng Kwai, Sheik Mustafa Abu Hassan, Goh Kiat Yi, Azmin Jailani, Daniel Koh Poh Leong, Darryl Soh Wen Yan
SINGAPORE LEGAL SERVICE 13 2018 IN REVIEW THE LEGAL BRANCH
14 SINGAPORE LEGAL SERVICE 14 2018 IN REVIEW THE LEGAL BRANCH
The Attorney-General heads the Legal International Affairs Division (“IAD”), Branch. Legal Service Officers (“LSOs”) the Civil Division and the Legislation in the Legal Branch serve in the Attorney- Division (“LEGIS”). The Crime Division General’s Chambers (“AGC”), departments was formed on 1 February 2019, following of Ministries with LSO positions, or a merger of the Criminal Justice Division statutory boards/statutory bodies and key and the Financial and Technology public institutions. Crime Division. The LSOs in the AGC Academy (“Academy”), Advocacy Group and the Legal Technology & Innovation The Attorney-General’s Office (“LTiO”) also support the work of Chambers the AGC. The AGC is led by the Attorney-General, Advocacy Group with the Deputy Attorneys-General and the Solicitor-General. In 2018, Mr Lucien In 2018, the Advocacy Group was Wong Yuen Kuai served as Attorney- established to deal with complex disputes, General, supported by Deputy Attorney- and to provide a platform for LSOs General Mr Lionel Yee Woon Chin, Deputy to volunteer to work on dispute matters Attorney-General Mr Hri Kumar Nair and in the different legal divisions of the Solicitor-General Mr Kwek Mean Luck. AGC.
The AGC performs a critical role in The Advocacy Group will be expanded in advancing the rule of law. As Government’s 2019. Team members have been variously chief legal advisor and drafter of laws, involved in diverse disputes from the the AGC advises Government on a Civil Division, Crime Division and IAD of wide spectrum of legal issues and the the AGC. Notable matters included: development of proposals for legislation, to ensure that Government’s policy (a) the Committee of Inquiry hearing into objectives are advanced within the the cyber-attack of unprecedented framework of the rule of law. As the office scale on Singapore Health Services; of the Public Prosecutor, the AGC exercises overall control and direction in the conduct (b) the adoption appeal in UKM v of criminal proceedings independently of Attorney-General [2018] SGHCF 18, Government. The AGC also represents which brought into sharp focus the Singapore at international negotiations difficult interplay between law and and dispute settlement proceedings, and public policy in the determination of acts as the central authority for mutual the case, and saw the court expounding legal assistance in criminal matters and the role of public policy in judicial extradition. decision-making and developing an analytical framework for taking public The Attorney-General is assisted by the policy into account; and LSOs in the four legal divisions of the AGC. These are the Crime Division, the (c) an international commercial arbitration.
SINGAPORE LEGAL SERVICE 15 2018 IN REVIEW In addition, the team plays a part in System that also hosts videos and advocacy training, and will be working customised e-learning resources for more with the Academy to organise advocacy online learning opportunities. training sessions in 2019. To help build a more connected legal Fifty-three LSOs have volunteered to community in the public sector, the assist in disputes on an ad hoc basis. The Academy organised the inaugural Public volunteer platform was conceptualised Sector Legal Forum that brought together, for LSOs interested in getting involved in for the first time, LSOs in the Legal dispute matters outside of the divisions Branch and in-house lawyers in Ministries they work in. The volunteers are given and statutory boards. Our Knowledge the option of assisting in appropriate Management Newsletter has been made cases, thus affording them the opportunity available to this wider community of to not only explore a different area of lawyers in the public sector. A digital law, but to develop, improve and refine classroom was also set-up so that their advocacy skills, by working with lunchtime talks held in the AGC may be experienced advocates on complex cases. remotely accessed by these officers.
As at 31 December 2018, there were three As part of its knowledge management LSOs in the Advocacy Group. efforts and to strengthen the AGC’s corporate identity in its various work Kristy Tan (Ms) products, the Academy facilitated the Senior Director creation of standardised templates for Advocacy Group court submissions for use by the AGC’s Attorney-General’s Chambers legal divisions.
The Academy contributed articles to an AGC Academy international constitutional law publication and to the Singapore Academy of Law The Academy was restructured on Journal. 1 July 2017 as a standalone division and is dedicated to serving the AGC’s As at 31 December 2018, there were five professional and leadership training, and LSOs in the Academy. knowledge management needs. Hui Choon Kuen In 2018, the Academy launched the Dean competency frameworks for legal as well AGC Academy as leadership and management skills. Attorney-General’s Chambers These frameworks are the foundation of the new structured curriculum for cross- divisional training of LSOs within the AGC. This included training by Queen’s Counsel and UK High Court Judges using case-studies tailored to our local context. The cross-divisional training is supported by a new Learning Management
16 SINGAPORE LEGAL SERVICE 2018 IN REVIEW The LTiO is also significantly involved Legal Technology & with the development of Intelligent Innovation Office Workspace, an end-to-end digital workspace that will serve most of the AGC’s legal The LTiO was established in 2017 to work needs, providing inputs at various develop effective ways of harnessing stages of the development life cycle, technology across the AGC, empower such as functional requirements. LSOs to use technology more effectively, enable future management decisions on As at 31 December 2018, there were three strategic technology investments and LSOs in the LTiO. contribute to a culture of innovation within the AGC. Vikneswaran s/o Kumaran Senior Assistant Director In 2018, the LTiO focused on two major Legal Technology & Innovation Office areas where technology has an impact on Attorney-General’s Chambers the legal industry. First, through its Review Lab, the LTiO explored the use of text analytics and advanced processing technologies for the effective review of large volumes of information. In this regard, the LTiO will be utilising e-discovery tools to support the AGC in litigation involving vast amounts of data. The LTiO also completed a pilot that involved automating various steps in AGC’s mass call review process, resulting in significant time savings. Second, through its Service Lab, the LTiO seeks to utilise expert systems to leverage upon institutional and experiential knowledge with guided service delivery to improve the speed and consistency of the AGC’s services. In addition, the LTiO is looking into the use of court presentation software to support AGC’s practice groups in the electronic presentation of evidence in court.
SINGAPORE LEGAL SERVICE 17 2018 IN REVIEW Advocacy Group, AGC Academy and Legal Technology & Innovation Office
(Left to Right) Front row: Ms Kristy Tan (Senior Director, Advocacy Group), Hui Choon Kuen (Dean, AGC Academy), Mr Kwek Mean Luck (Solicitor-General), Mr Lionel Yee Woon Chin (Deputy Attorney-General), Mr Lucien Wong Yuen Kuai (Attorney-General), Mr Hri Kumar Nair (Deputy Attorney-General), Charles Lim Aeng Cheng (Parliamentary Counsel [Special Projects] & Chief Knowledge Officer), Leong Wing Tuck (Vice-Dean, AGC Academy), Ms Denise Wong Huiwen (Executive Director, AGC Academy)
(Left to Right) Back row: Ian Ernst Chai Yang, Ms April Phang Suet Fern, Ms Amanda Sum Yun Qian, Ms Yvonne Goh Qiu Ting, Ms Sheryl Janet George, Mrs Lim Su Ching, Ms Gay Hui Yi, Tan Ee Kuan
18 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Malaysia Maritime Enforcement Crime Division Agency and Royal Malaysia The Crime Division, which consists of the Customs Department. The accused former Criminal Justice Division and the was sentenced to 38 weeks’ former Financial and Technology Crime imprisonment for the aforesaid Division, is responsible for advancing the corruption offences. public interest through fair and independent prosecutions and providing sound advice to iv. In Public Prosecutor v Lee Government on issues of criminal law. Lai Leng and others (SC-910681-2017, unreported), In 2018, we fulfilled this responsibility by, we prosecuted members of a amongst other things – syndicate that had defrauded SkillsFuture Singapore of close to $40 million by submitting (a) Continuing to take a strong stand against perpetrators of crime. For more than 8,000 fraudulent instance: claims. Several syndicate members had absconded overseas but i. In Public Prosecutor v Hussain were brought back to Singapore bin Samat (CC 22/2018, with the cooperation of foreign unreported), the High Court authorities. Thirteen syndicate (“HC”) agreed with our members have been charged, sentencing submissions and with one sentenced to 68 sentenced a paedophile, who had months’ imprisonment for sexually assaulted two young acquiring and concealing sisters at knifepoint whilst criminal proceeds including cash posing as a Housing & of $6.7 million and 11 kg Development Board officer, of gold bars. to preventive detention for the maximum term of 20 years. v. In Ho Man Yuk v Public Prosecutor [2019] SGCA 2, ii. In Public Prosecutor v Chia Kee the three accused persons had Chen and another appeal [2018] exploited a glitch in the Marina 2 SLR 249, the Court of Bay Sands casino computer Appeal (“CA”) allowed our systems to gain unlimited credits appeal against the sentence of to gamble and then exchanged life imprisonment imposed on $875,135 worth of credits into the mastermind of a murder cash. After their appeals against motivated by revenge, substituting their convictions were dismissed it with the sentence of death. by the HC, the CA granted leave to one of them to refer a question iii. In Public Prosecutor v of law, namely, whether an Chew Hoe Soon and others offence under section 403 of (SC-904726-2017, unreported), the Penal Code is committed we prosecuted the director of an only if the accused person had oil trading company who had an innocent or neutral state given bribes to officers of the of mind when he first came
SINGAPORE LEGAL SERVICE 19 2018 IN REVIEW into possession of the property (c) Ensuring that justice was meted in question. The CA accepted out in an even-handed manner. our submissions and answered For instance, in Kok Kum Hong v the question in the negative. Public Prosecutor (CM 15/2018, unreported) and Lam Kim Heng v vi. In Public Prosecutor v Public Prosecutor (CM 39/2018 & Li Chaoyun and others MA 9080/2018, unreported), both (SC-904279-2016, unreported), accused persons had been diagnosed an employee of Jurong Shipyard with terminal illnesses after their Pte Ltd was charged for corruptly convictions and had a very short life receiving gratification amounting expectancy. We did not object to to $956,600 in exchange for their appeals against sentence. providing confidential pricing information and advancing the Separately, we continued to prioritise the business interests of another development of our officers in 2018. Our business entity with his employer. officers attended courses and conferences The accused was convicted in Singapore and overseas, and participated after a 20-day trial. in study visits and attachments to leading foreign law firms and prosecuting agencies (b) Assisting the courts to establish in the United States of America, the a number of important sentencing United Kingdom, Australia, China and guideline judgments. For instance: Hong Kong.
i. In Tay Wee Kiat and another As at 31 December 2018, there were v Public Prosecutor and 203 LSOs in the Crime Division. another appeal [2018] 4 SLR 1315, the HC allowed our cross- Kow Keng Siong, Tan Kiat Pheng & appeal against the sentence Lee Lit Cheng (Ms) imposed on one of two accused Chief Prosecutors persons convicted of maid Crime Division abuse charges, and laid down Attorney-General’s Chambers a framework for the sentencing of maid abusers.
ii. In Public Prosecutor v Raveen Balakrishnan [2018] SGHC 148, the HC allowed our appeal against the sentence imposed on an accused person convicted of a rioting charge and an unrelated charge of causing hurt by a dangerous weapon, and laid down the general rule that sentences for unrelated offences should run consecutively.
20 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Crime Division
(Left to Right) Front row: Ms Peggy Pao-Keerthi Pei Yu, Ms Tan Wen Hsien, Han Ming Kuang, Mohamed Faizal s/o Mohamed Abdul Kadir, David Khoo Kim Leng, Hay Hung Chun, Ms Lee Lit Cheng (Chief Prosecutor), Mr Kwek Mean Luck (Solicitor-General), Mr Lionel Yee Woon Chin (Deputy Attorney-General), Mr Lucien Wong Yuen Kuai (Attorney-General), Mr Hri Kumar Nair (Deputy Attorney-General), Kow Keng Siong (Chief Prosecutor), Tan Kiat Pheng (Chief Prosecutor), Francis Ng Yong Kiat, Leong Wing Tuck, Peter Koy Su Hua, Wong Kok Weng, Ng Yiwen
(Left to Right) Second row: Ms Ho Jiayun, Ms Li Yihong, Ms Chee Ee Ling, Ms Seah Ee Wei, Ms Selene Yap Wan Ting, Ms Sarah Ong Hui’en, Ms Teo Siqi, Ms Grace Chua Zhu Ern, Ms Sheryl Yeo Su Hui, Ms Manickamalar Kayalvizhi Pillay, Ms Angela Ang Qian Hui, Ms Charlene Tay-Chia, Ms Daphne Lim Ai Juan, Ms Sarah Siaw Ming Hui
(Left to Right) Third row: Ms Marie Christina Koh Sok Kheng, Kumaresan s/o Gohulabalan, Mark Yeo Kee Teng, Houston Tian Jin Johannus, Derek Ee Xing Bei, Gregory Gan Wee Kiat, Winston Man Kah-Soon, Andre Ong Yao-Min, Jarret Huang Jinghao, Quek Jing Feng, Nicholas Lai Yi Shin, Ms Michelle Lu Wei Yi, Ms Amanda Han Jin Juen
(Left to Right) Back row: Ms Kelly Ho Yan-Qing, Ng Jun Chong, Andre Chong Wei Min, Zhou Yang, Muhamad Imaduddien Bin Abdul Karim, Mansoor Amir, Ashraf Bin Hassan, Gabriel Choong Hefeng, Yang Ziliang, Tan Yen Seow, Tay Jia En, Eugene Teh
SINGAPORE LEGAL SERVICE 21 2018 IN REVIEW Crime Division
(Left to Right) Front row: Lau Wing Yum, Mohamed Faizal s/o Mohamed Abdul Kadir, David Khoo Kim Leng, Hay Hung Chun, Ms Lee Lit Cheng (Chief Prosecutor), Mr Kwek Mean Luck (Solicitor-General), Mr Lionel Yee Woon Chin (Deputy Attorney-General), Mr Lucien Wong Yuen Kuai (Attorney-General), Mr Hri Kumar Nair (Deputy Attorney-General), Kow Keng Siong (Chief Prosecutor), Tan Kiat Pheng (Chief Prosecutor), Francis Ng Yong Kiat, Leong Wing Tuck, Peter Koy Su Hua, Mark Tay Swee Keng
(Left to Right) Second row: Jotham Tay Zi Xun, Ms Theong Li Han, Ms Chong Yun Ling, Ms Kwang Jia Min, Ms Shenna Tjoa Kai-En, Ms Shana Poon Jingjie, Ms Lim Woon Yee, Ms Carene Poh Kai Lin, Ms Goh Sue Jean, Ms Ramkumar Pavithra, Ms Lim Tze Etsuko, Ms Tan Yanying, Ms Teo Lu Jia, Ms Agnes Chan Huseh Mei, Ms Rimplejit Kaur, Mark Anand Jayaratnam
(Left to Right) Back row: Terence Chua Seng Leng, Chong Yong, Kong Kuek Foo, Dwayne Lum Wen Yi, Wu Yu Jie, Nicholas Wuan Kin Lek, Wong Woon Kwong, Kevin Ho Hin Tat, Chin Jincheng, Tan Wee Hao, Desmond Chong Sheng Liang, Samuel Yap Zong En, Lim Jian Yi, John Lu Zhuoren
22 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Crime Division
(Left to Right) Front row: Teo Guan Siew, Gordon Oh Chun Wei, Alan Loh Yong Kah, Mohamed Faizal s/o Mohamed Abdul Kadir, David Khoo Kim Leng, Hay Hung Chun, Ms Lee Lit Cheng (Chief Prosecutor), Mr Kwek Mean Luck (Solicitor-General), Mr Lionel Yee Woon Chin (Deputy Attorney-General), Mr Lucien Wong Yuen Kuai (Attorney-General), Mr Hri Kumar Nair (Deputy Attorney-General), Kow Keng Siong (Chief Prosecutor), Tan Kiat Pheng (Chief Prosecutor), Francis Ng Yong Kiat, Leong Wing Tuck, Peter Koy Su Hua, Ivan Chua Boon Chwee, Gnanasihamani Kannan, Christopher Ong Siu Jin
(Left to Right) Second row: Kelvin Kow Weijie, Nicholas Tan Beng Leong, Tan Weiming, Eugene Phua Liang Wei, Ms Genevieve Pang Feng Tian, Ms Ng Jean Ting, Ms Cheng Yuxi, Ms Thiam Jia Min, Ms Kang Jia Hui, Ms Michelle Tay Xin Ying, Ms Tan Pei Wei, Ms Loh Hui-Min, Ms Stephanie Chew Xizhi, Ms Magdalene Huang Xin’en, Ms Haniza Bte Mohammad Reeza Abnass, Ms Tan Hsiao Tien, Ms Alexandria Shamini Joseph, Sanjiv Vaswani
(Left to Right) Third row: Foo Shi Hao, Ryan Lim Yi Hern, Benjamin Amaldas Samynathan, Kenneth Chin Jiayang, Randeep Singh Koonar, Tow Chew Chi, Ben Mathias Tan, David Koh Boon Tiong, Nicholas Khoo Tian Lun, Leong Weng Tat, Jordon Li Mingjie, Norman Yew Li Chuen, Tan Zhi Hao
(Left to Right) Back row: Kevin Yong Ee Wen, David Koh Yi-Da, Eric Hu Youda, Jiang Ke-Yue, Navindraram Naidu, Thiagesh Sukumaran, Hon Yi, Nicholas Lim Kah Hwee, Viveganandam Jesudevan, Suhas Malhotra, Alexander Joseph Woon Wei-ming
SINGAPORE LEGAL SERVICE 23 2018 IN REVIEW (b) Working Group III of the UN International Affairs Commission on International Trade Division Law on Investor-State Dispute Settlement, convened to consider The IAD advances and protects reforms to the current system of Singapore’s interests through international international investment arbitration law. between investors and states in the light of growing criticisms against it. In 2018, the IAD advised Government on a wide range of international law (c) the 24th Conference of the Parties issues from human rights and security to the UN Framework Convention issues to trade and investment matters, on Climate Change which resulted and bilateral issues between Singapore in the successful conclusion of and its neighbours. The IAD made robust a package of decisions to preparations for two cases filed by operationalise the Paris Agreement. Malaysia against Singapore before the The IAD undertook negotiations International Court of Justice relating on the mechanism to facilitate to the 2008 judgment on Pedra Branca, implementation of and compliance Middle Rocks and South Ledge, which with the Paris Agreement. were ultimately withdrawn by Malaysia. The IAD also filed submissions in As the Central Authority for mutual legal a World Trade Organisation (“WTO”) assistance matters, the IAD dealt appeal concerning Australia’s tobacco with a growing number of complex plain packaging measure, and delivered and contentious matters. The IAD also a third party oral statement in another processed a number of extradition WTO dispute concerning the scope of requests. security exceptions. IAD officers are also based overseas In addition, the IAD supported agencies to support the work of Singapore in major international meetings, including missions in Geneva and New York, and those hosted by Singapore as ASEAN its Diplomatic Office in The Hague. Chair, and the North Korea-United States Singapore Summit. On the The IAD organised the 43rd session of multilateral front, the IAD represented the Hague Academy of International Singapore in negotiations, including: Law’s External Programme on “Contemporary Questions of International (a) the first Intergovernmental Conference Economic Law”, and hosted eminent on an internationally legally binding international jurists including Judge instrument under the United Nations Gilbert Guillaume. (“UN”) Convention on the Law of the Sea, on the conservation and As at 31 December 2018, there were 39 sustainable use of marine biological LSOs in the IAD. diversity of areas beyond national jurisdiction. An IAD officer served Daphne Hong Fan Sin (Ms) as President of the Conference. Director-General International Affairs Division Attorney-General’s Chambers
24 SINGAPORE LEGAL SERVICE 2018 IN REVIEW International Affairs Division
(Left to Right) Front row: Derek Loh Kong Yue, Ms Danielle Yeow Ping Lin, Mr Kwek Mean Luck (Solicitor-General), Mr Lionel Yee Woon Chin (Deputy Attorney-General), Mr Lucien Wong Yuen Kuai (Attorney-General), Mr Hri Kumar Nair (Deputy Attorney-General), Ms Daphne Hong Fan Sin (Director-General), Marcus Song Ee Pin, Sellakumaran s/o Sellamuthoo, Jason Tan Theng Kok
(Left to Right) Second row: Ms Ilona Tan Lin Yen, Ms Amanda Chong Wei-Zhen, Ms Ng Kexian, Ms Wong Li Ru, Ms Deena Abdul Aziz Bajrai, Ms Mary-Elisabeth Chong Xinling, Ms Tan Kim Ping, Ms Allison Phua Su-Yun, Ms Jean Kua Zhizhen, Ms Seraphina Fong Mian Yi, Ms Chung Yoon Joo, Ms Zhang Hongchuan, Ms Kristi How Suqian, Ms Sabrina Choo Wen Shan, Ms Diane Tan Yi-Lui
(Left to Right) Back row: Nathaniel Khng Yong-Ern, David Low Quan Ming, Ashley Ong Jia Hong, Koh Mun Keong, Alan Hu Zhenliang, Kenneth Wong Weixiong, David Zhang Shaohua, Edmund Wong Wei Jie, Ramasamy s/o Nachiappan, Vincent Lim Jun’an
SINGAPORE LEGAL SERVICE 25 2018 IN REVIEW under section 155A of the Companies Civil Division Act to continue acting as directors. The Civil Division (“Division”) is Government’s primary legal advisor. In (d) UKM v Attorney-General [2018] 2018, the Division advised Government SGHCF 18 – The Attorney-General on a broad spectrum of matters, including represented the Director of Social the National Digital Identity, extension of Welfare from the Ministry of Social the MyInfo service, elimination of wet-ink and Family Development in a novel signatures under the Digital Government case on whether a homosexual man Blueprint, the National Trade Platform may adopt his biological son conceived project, and autonomous truck platooning by a surrogacy arrangement made trials. Officers from the Division represented overseas. The High Court accepted the Singapore at the United Nations Commission Attorney-General’s submissions that on International Trade Law. public policy, including that against formation of same-sex family units, Notable litigation matters handled by the may be considered in deciding Division include: whether to make adoption orders. (e) (a) ARW v Comptroller of Income Wong Souk Yee v Attorney-General – The Attorney- Tax and Attorney-General [2018] [2018] SGHC 80 General successfully resisted a SGCA 85 – The Attorney-General (as guardian of the public interest) constitutional challenge for a by- successfully applied to intervene in the election to be called in Marsiling- proceedings, to assert public interest Yew Tee Group Representation privilege over various internal Constituency after Member of documents of the Inland Revenue Parliament Madam Halimah Yacob Authority of Singapore. vacated her seat to stand as a candidate in the 2017 Presidential Election. (b) Re BSL [2018] SGHC 207 – In the first case after the Court of Appeal established revised principles for The Division also produced a contract section 15(1)(c) of the Legal template generator, which was rolled out by the Ministry of Finance in July 2018, Profession Act in Re Harish Salve enabling procuring agencies to select and [2018] 1 SLR 345, the Attorney- General successfully opposed an assemble their preferred contractual terms application to admit Queen’s Counsel for procurement of goods and services. on an ad hoc basis for a commercial matter. As at 31 December 2018, there were 51 LSOs in the Division. (c) Re Tay Yew Beng Peter (HC/OS 66/2018, unreported); Re Thomas David Chong Gek Sian Haeusler (HC/OS 1028/2018, Chief Counsel Civil Division unreported) – The Attorney-General successfully opposed leave applications Attorney-General’s Chambers brought by disqualified directors
26 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Civil Division
(Left to Right) Front row: Ms Lee Jia Wei, Ms Low Siew Ling, Soh Kee Bun, Khoo Boo Jin, Mr Kwek Mean Luck (Solicitor-General), Mr Lionel Yee Woon Chin (Deputy Attorney-General), Mr Lucien Wong Yuen Kuai (Attorney-General), Mr Hri Kumar Nair (Deputy Attorney-General), David Chong Gek Sian (Chief Counsel), Hui Choon Kuen, Ms Toh Hwee Lian, Phua Wee Chuan
(Left to Right) Second row: Ms Hannah Cheng Xin Ying, Ms Linda Esther Foo Hui Ling, Ms Lee Hui Min, Ms May Ng, Ms Shivani d/o Sivasagthy Retnam, Ms Vanessa Yeo Xue Ying, Ms Cassandra Lee Shi Wee, Ms Olivia Low Pei Sze, Ms Elaine Liew Ling Wei, Ms Ailene Chou Xiujue, Ms Jessie Lim, Ms Amanda Tan Chek Yin
(Left to Right) Back row: Terence Szetoh Khai Hoe, Francis Zhang Zeyi, Tan Sze Yao, Enoch Wong Lok Hang, Louis Ng Shi Zheng, David Lee Yi Zan, Tang Shangjun, Ang Boon Kwan, Sivakumar s/o Ramasamy
SINGAPORE LEGAL SERVICE 27 2018 IN REVIEW text of more than 500 Acts, and omitting Legislation Division spent or obsolete texts. Online information LEGIS is Singapore’s central law about Singapore legislation was improved, drafting office and keeper of the with the launch of LegiS@Gov, which is Singapore statute book. LEGIS provides an extra legislation database for all public law drafting and legislative consultancy sector users, and the capturing of older services to Government and all public versions of legislation (till 1985 Revised sector agencies (including Town Councils). Edition for Acts and the 1990 Revised LEGIS also provides 24/7 free online Edition for subsidiary legislation) for public access to Singapore legislation uploading online next year. through its Singapore Statutes Online (SSO) website. LEGIS increased its capacity to prepare publication proofs of legislation in-house Demand for LEGIS’ law drafting and in place of the Government Printer. legislative consultancy services continued In 2018, 74% (673 pieces) of the year’s at an even higher level in 2018. Fifty-three subsidiary legislation were published Bills (3,220 pages) were drafted for in-house, compared to 54.6% (441 pieces) introduction in Parliament, a 55% increase in 2017. All Bills were prepared in-house. from 2017. The 40 amendment Bills and 13 new Bills covered subjects LEGIS also conducted a 4-day legislative ranging from cybersecurity, new corporate drafting workshop for the Lao People’s structures like variable capital companies, Democratic Republic in April 2018. protection of vulnerable adults, taxing of LEGIS continued its collaborations with greenhouse gas emissions to criminal the Civil Service College to enhance procedure and insolvency law reform. the link between good law and policy- LEGIS also drafted 909 pieces of making through courses. subsidiary legislation (totalling 6,839 pages or a 52% increase from 2017) and rendered As at 31 December 2018, there were 30 2,445 pieces of advice outside of draft LSOs in LEGIS, one fewer than 2017. legislation, a 22% increase from 2017. Owi Beng Ki (Mrs) 2018 saw the continuation of the “Plain Deputy Solicitor-General and Laws Understandable by Singaporeans” Chief Legislative Counsel initiative started in 2013 to make Singapore Legislation Division legislation more accessible, LEGIS stepping Attorney-General’s Chambers up as keeper of the Singapore Statute Book, and the assumption of a new role supporting Parliamentary democracy.
Since July 2018, LEGIS provides Members of Parliament with tracked-change versions of Acts for which an amendment Bill has been introduced. Universal revision of all Acts (over two years) has started with the object of simplifying and modernising the
28 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Legislation Division
(Left to Right) Front row: Terence Ong, Ms Jeanne Lee Ming En, Mr Kwek Mean Luck (Solicitor-General), Mr Lionel Yee Woon Chin (Deputy Attorney-General), Mr Lucien Wong Yuen Kuai (Attorney-General), Mr Hri Kumar Nair (Deputy Attorney-General), Mrs Owi Beng Ki (Deputy Solicitor-General & Chief Legislative Counsel), Lee Chuan Huei, Mrs Joyce Chao Suling, Mrs Wendy Chang Mun Lin
(Left to Right) Second row: Ng Junyi, Ms Anne Goh Su Yee, Ms Gillian Hauw Hui Ying, Ms Jaime Tey Su Fung, Ms Karen Ang Aiping, Ms Jeslyn Chionh Hui Qi, Ms Hung Ning Shing, Ms Esther Yee Swee Yoong, Ms Cheryl Seah Li Min, Fong Jing Heng
(Left to Right) Back row: Chong Kah Wei, Tay Li Hang, Stanley Kok Pin Chin, Leonard Goh Choon Hian, Seow Zhixiang, Chong Kah Kheng, Philip Ng Wuheng, Makoto Hong Cheng
SINGAPORE LEGAL SERVICE 29 2018 IN REVIEW MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/ STATUTORY BODIES
30 SINGAPORE LEGAL SERVICE 2018 IN REVIEW MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/ STATUTORY BODIES
Legal Service Officers (“LSOs”) may Trustee’s Office, the Syariah Court, the be posted to Ministries as representatives Commercial Affairs Department, the of the Attorney-General to undertake Competition and Consumer Commission a wide range of legal work. The current of Singapore, the Accounting and Ministries are: Defence; Law; Home Affairs; Corporate Regulatory Authority, the Manpower; Education; Health; Social and Intellectual Property Office of Singapore, Family Development; Communications the Singapore Land Authority, the and Information; Culture, Community Monetary Authority of Singapore, the and Youth; National Development; and Office of the Public Guardian, the Finance. In these roles, LSOs provide Economic Development Board, the legal advice, draft and vet legal Inland Revenue Authority of Singapore, documents, and assist in the review and the National Environment Agency, the drafting of legislation. They may also hold Singapore Medical Council, the Health leadership or management positions and Sciences Authority, the Personal Data be involved in the formulation of policies Protection Commission, and the Land and the administration of finances and Transport Authority. A senior LSO personnel within the Ministries. usually assumes primary responsibility for the administration and management LSOs may also be posted to Legal of these organisations or departments, Service departments or seconded to while LSOs in these organisations or statutory boards/statutory bodies and departments implement the legislation key public institutions such as the Legal and policies falling within the ambit of Aid Bureau, the Insolvency and Public that organisation or department.
SINGAPORE LEGAL SERVICE 31 2018 IN REVIEW In the area of international law, Ministry of Defence the MLS provided legal support to the The Ministry of Defence (“MINDEF”) MINDEF and the SAF on the various Legal Services Department (“MLS”) Implementing Arrangements under the provides legal support to the MINDEF, Singapore-Australia Comprehensive Strategic the Singapore Armed Forces (“SAF”) Partnership, the United Nations and MINDEF-related organisations Convention on the Law of the Sea and including the Defence Science and other international law issues. Technology Agency. The MLS is headed by the Director, Legal Services, who is Following the enactment of the Public appointed by the Armed Forces Council Order and Safety (Special Powers) Act and as Director Legal Services and Chief Infrastructure Protection Act, a review Military Prosecutor of the SAF. She is also was undertaken of the operational impact the Chief Operations Law Adviser. on SAF support for civilian operations and the applicable rules of engagement. A new Operations Law division was set up The MLS also assisted with the review of in the MLS to support the SAF in legal the SAF drug enforcement framework for aspects of doctrine development and to servicemen following amendments to the provide enhanced legal support for SAF Misuse of Drugs Act, and new military operations and exercises. The MLS officers prosecution policies were framed. also participated as Operations Law Advisors in various local and overseas coalition As at 31 December 2018, there were military exercises. eight LSOs in the MLS.
To strengthen the military justice system, Teoh Ai Lin (Ms) the MINDEF launched a pro bono legal Director assistance scheme administered by the MLS Legal Services Department which enables servicemen facing complex Ministry of Defence & court martial charges to apply for legal Singapore Armed Forces representation by external volunteer lawyers. Additionally, the MLS enhanced the training curriculum for more than 200 SAF Defending Officers representing servicemen at court martial proceedings.
The MLS was extensively involved in various capacities in cases involving death of servicemen, such as representation in Coroner’s Inquiries, advising on compensation, preparation of public and parliamentary releases, and prosecutions for lapses and breaches.
32 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Ministry of Defence
(Left to Right): Ms Asanthi Mendis, Ms Ho Su-Lyn, Ms Teoh Ai Lin (Director, Legal Services Department, MINDEF & SAF), Ms Hee Mee Lin, Ms Ravneet Kaur, Chan Wang Ho, Ng Der Lim, Paul Lie Yi Fang
SINGAPORE LEGAL SERVICE 33 2018 IN REVIEW The Policy Advisory Division (“PAD”) Ministry of Law works with the MinLaw’s policy divisions The Legal Group at the Ministry of Law on the legal aspects of policy formulation. (“MinLaw”) plays a critical role in In 2018, the PAD saw the Insolvency, upholding the rule of law, advancing Restructuring and Dissolution Act 2018, access to justice and ensuring a sound the Companies (Amendment) Act 2018 and progressive legal framework. and the Legal Profession (Amendment) Act 2018 through Parliament. These The Legal Policy Division (“LPD”) steers reforms touched on a wide range of matters, substantive reform in civil, criminal, family including consolidating and strengthening and community-related laws. The LPD Singapore’s insolvency regime, maintaining also oversees governance and legal policy Singapore’s status as a maritime hub, matters in Government by ensuring that enhancing the disciplinary framework legislation reflects sound legal policy for lawyers and introducing a framework principles. In 2018, the LPD saw the for unclaimed client moneys respectively. Supreme Court of Judicature (Amendment) The PAD also helped to develop and Act 2018, Criminal Justice Reform Act launch the Singapore Infrastructure 2018, Evidence (Amendment) Act 2018 Dispute-Management Protocol for major and Small Claims Tribunals (Amendment) infrastructure contracts. Act 2018 through Parliament. These reforms kept court processes up-to-date Working together, the ILD and the PAD with changing technology and socio- also secured the Singapore Convention economic needs, whilst ensuring fairness, on Mediation (the first United Nations accuracy and equity of outcomes. The LPD treaty named after Singapore), and also engaged in substantive reforms to Singapore’s hosting of the signing the Penal Code, civil procedure and ceremony. family justice. As at 31 December 2018, there were The International Legal Division (“ILD”) 26 LSOs in the MinLaw. advances Singapore’s interests through the development of a progressive international Joan Janssen (Mrs) legal policy framework anchored on the Director-General rule of law. In 2018, the ILD worked Legal Group with partner agencies and institutions to Ministry of Law conclude the Model ASEAN Extradition Treaty, launch ASEAN Extradition Treaty negotiations and establish the ASEAN Law Academy. The ILD and other agencies also secured Singapore’s re-election as a member of UNCITRAL from 2020. These developments represent Singapore’s continued participation in and contributions to the international legal framework.
34 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Ministry of Law
(Left to Right) Front row: Colin Chow Zhiquan, Ms Tammy Low Wan Jun (Director-General, Legal Policy, MinLaw), Mrs Joan Janssen (Director-General, International & Advisory, MinLaw), Mrs Natalie Morris-Sharma, Jeremy Yeo Shenglong
(Left to Right) Second row: Ms Larissa Lim Fen Ping, Ms Sherlyn Neo Xiulin, Ms Joanne He Xiuwen, Mrs Jasmine Chin-Sabado, Ms Elsie Lee Yuejia, Ms Fong Mian Yi Seraphina, Ms Kam Kai Qi, Ms Wong Shiau Yin, Ms Joan Pang Wei En, Ms Joy Yee Jia Min, Ms Claire Hoe Qin Ya, Ms Parvathi Menon, Ms Yap Jia Jun
(Left to Right) Back row: Timothy Seet Qianren, Stephen Yeo Zhi Yuan, Wong Wen Jian, Yeo Zhen Xiong, Joshua Rene Jeyaraj, Teh Joo Lin, Senthil Dayalan, Jonathan Ee Wenyang, Terence Tan Zhong Wei
SINGAPORE LEGAL SERVICE 35 2018 IN REVIEW successful application in Muslim divorce Legal Aid Bureau proceedings for children’s issues to be The Legal Aid Bureau’s (“Bureau”) heard by the civil courts, and a contract mission is to provide quality legal aid case in which the Bureau represented and advice to persons of limited means. a defendant who was sued for $50,000 The Bureau provides legal advice, and where the defendant managed to legal representation and assistance with settle the matter at only $3,000. drafting legal documents. The Bureau handles a wide variety of civil legal As at 31 December 2018, there were matters, about half of which are family 21 LSOs in the Bureau. law related. In 2018, supported by about 200 active Assigned Solicitors Lim Hui Min (Ms) and 14 Volunteer Assistant Directors of Director Legal Aid, the Bureau handled about Legal Aid Bureau 8,000 applications for legal aid, advice and assistance. Insolvency and Public The Bureau commemorated its diamond Trustee’s Office jubilee in 2018. It published a corporate video, an e-book and articles in the The Insolvency and Public Trustee’s Office Singapore Law Gazette, featuring the (“IPTO”) has a total strength of 165, and Bureau’s work. It also did volunteer work is headed by the Official Assignee, who is with Arc Children’s Centre. The Bureau concurrently the Official Receiver, Public concluded its anniversary celebrations with Trustee, and Registrar of Moneylenders a gala dinner for about 300 guests. and Pawnbrokers. The LSOs in the IPTO advise on legal issues in administering Amendments to the Legal Aid and Advice insolvencies and trusts, and in regulating Act were passed by Parliament in moneylenders and pawnbrokers. The November 2018 and will fully take LSOs also conduct civil litigation before effect after June 2019. The amendments the High Court and prosecutions in aim to simplify the means test for legal the State Courts. aid, provide greater flexibility to grant legal aid to those with extenuating 2018 saw the appointment of a new circumstances who fail the means test, Official Assignee. As part of a hotwash and improve the administration of of existing cases, the LSOs assisted their legal aid. operational colleagues in nearly doubling the discharge of bankruptcies, from 2,020 In 2018, the Bureau further expanded its in 2017 to approximately 4,010 in 2018. in-house expertise in complex family law, This achievement streamlines the IPTO’s civil law and Muslim law matters through case administration, while offering many its specialist practice groups. Among the bankrupts a fresh start. significant cases undertaken by the Bureau were a novel (and successful) application Together with the Attorney-General’s for backdated child maintenance to be Chambers and the Ministry of Law, the regarded as a debt owed to a non-parent LSOs completed work on the Insolvency, with de facto care and control, the first Restructuring and Dissolution Act, which
36 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Parliament passed on 1 October 2018. and better achieve its business outcomes. The Act cements Singapore’s status as a Following the Land Titles Registry’s hub for insolvency and debt restructuring enhancement of its registration system to work, by combining the relevant laws into automate registration of caveats lodged a single statute and introducing a new against completed properties, the system licensing and regulatory regime for was further enhanced to automate insolvency practitioners. The Act and registration of caveats lodged against its subsidiary legislation are targeted to properties under development where commence by 31 January 2020, along the owner was still the developer. This with an electronic Insolvency Case brought the SLA one step closer to Management Platform and a new division achieving a highly automated registration to license and regulate insolvency system which will allow officers to focus practitioners. on complex cases.
The LSOs also worked on the amended As the regulator of foreign ownership of Moneylenders Act and Rules, which came landed residential property, the SLA into force on 30 November 2018. The collaborated with various Government amendments better protect borrowers agencies to build system interfaces to by imposing aggregate loan caps for local strengthen its enforcement capabilities for and foreign borrowers and implementing better detection of breaches of the a self-exclusion framework. Residential Property Act.
Lastly, the LSOs were involved in several The SLA’s Legal Division launched significant cases, including Lee Chen phase one of its smart templates project, Seong Jeremy v Official Assignee where officers from business units were [2018] 2 SLR 820, where the Court of guided to draft contractual documents like Appeal clarified how the common law foreshore leases and tenancy agreements. doctrine of abandonment applies to debts The templates have built-in checks, provide owed to defunct companies. automatic selection of clauses, and highlight legal considerations to meet As at 31 December 2018, there were eight specific requirements. LSOs in the IPTO. As at 31 December 2018, there were three Tan Boon Heng LSOs seconded to the SLA. Official Assignee & Public Trustee Insolvency and Public Trustee’s Office Bryan Chew Chee Wan Assistant Chief Executive (Legal and Regulatory) and Singapore Land Registrar of Titles & Deeds Authority Singapore Land Authority The Singapore Land Authority (“SLA”) is responsible for the optimisation of State land and safeguarding of property rights. The SLA leveraged significantly on technology in 2018 to improve processes
SINGAPORE LEGAL SERVICE 37 2018 IN REVIEW As testament to its achievements, Intellectual Property Singapore moved up two notches to be Office of Singapore the fifth most innovative country in the Global Innovation Index 2018, and The Intellectual Property Office of the most innovative country outside of Singapore (“IPOS”) is a statutory board Europe. under the Ministry of Law. To support the Committee on the Future Economy’s As at 31 December 2018, three LSOs vision of an innovation-driven economy, were seconded to the IPOS. the IPOS strengthened Singapore’s innovation ecosystem and helped Daren Tang Heng Shim enterprises scale up, taking their ideas Chief Executive to the market. The IPOS also embarked Intellectual Property Office of Singapore on its transformation into an innovation agency.
Singapore has strengthened its connectivity to international markets to help innovative enterprises expand internationally, as demonstrated by the successful conclusion of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). The high-level Intellectual Property (“IP”) chapter of the CPTPP will establish a new benchmark for international IP agreements.
On the domestic front, the IPOS launched a new SkillsFuture Study Awards for the IP sector, where working professionals can acquire or update their IP skills and knowledge. It also launched a new FinTech Fast Track initiative which accelerates the patent application-to-grant process for FinTech inventions to as quickly as six months.
38 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Legal Aid Bureau, Insolvency and Public Trustee’s Office, Singapore Land Authority and Intellectual Property Office of Singapore
(Left to Right) Front row: Louis Agnelo D’Souza, Bryan Chew Chee Wan (Assistant Chief Executive [Legal and Regulatory] and Registrar of Titles & Deeds, SLA), Ms Lim Hui Min (Director, LAB), Tan Boon Heng (Official Assignee & Public Trustee, IPTO), Lim Yew Jin
(Left to Right) Second row: Ms Suria Sidambaram, Victor Lim See Wai, Edmund Chew Minhai, Zhong Zewei, Benjamin Yim Geok Choon, Sunari Kateni, Ms Goh Yin Dee, Ms Wileeza A Gapar
(Left to Right) Third row: Darren Chan Eng Jin, Zheng Shaokai, Ms Sheela Kumari Devi, Ms S Puspha, Ms Foo Fang Min, Davyd Chong Wenquan, Ms Maryam Hasanah Bte Rozlan
(Left to Right) Fourth row: Azri Imran Tan, Sivabalan s/o Thanabal, Ms Tan Jun Ya, Ms Kavitha Kandesan, Ms Yap Cai Ping
(Left to Right) Back row: Ms Lynda Lee, Ms Istyana Putri Ibrahim, Ms Carrie Zheng Yuan
Not in picture: Daren Tang Heng Shim (Chief Executive, IPOS)
SINGAPORE LEGAL SERVICE 39 2018 IN REVIEW assumed new responsibilities in taking Ministry of Home over the policy oversight of the CLTPA Affairs regime.
The Legal Division (“LD”) of the Ministry In addition, an LSO was seconded from of Home Affairs (“MHA”) provides a the Attorney-General’s Chambers to the full range of legal services to the MHA MHA’s Policy Development Division and its nine Home Team departments, (“PDD”). His work involves reviewing including the Singapore Police Force criminal justice policy, including reform (“SPF”), the Singapore Civil Defence to legislation such as the Penal Code and Force, the Immigration and Checkpoints the Criminal Procedure Code. Authority and the Singapore Prison Service. As at 31 December 2018, there were In the area of advisory support, the LD five LSOs in the LD and one LSO advised various departments in the MHA seconded to the PDD. on important operations for key events in Singapore in 2018, including the Leong Kwang Ian Trump-Kim Summit, as well as events Senior Director occurring in neighbouring states. The LD Legal Division also provided legislative support and Ministry of Home Affairs guidance to the MHA’s policy departments for the enactment of the Public Order and Safety (Special Powers) Act and renewal of Commercial Affairs the Criminal Law (Temporary Provisions) Department, Act (“CLTPA”), as well as amendments to the Civil Defence Act and the Singapore Police Misuse of Drugs Act. Force In relation to transactional work, the The Commercial Affairs Department LD drafted and reviewed agreements (“CAD”) is Singapore’s principal white- and memoranda of understanding with collar crime enforcement agency and the various academic institutions, industry SPF’s staff authority for all commercial partners and foreign security counterparts crimes investigations. The CAD is also for cutting edge research and collaboration, in charge of the Suspicious Transaction as well as cooperation initiatives on Reporting Office (“STRO”), Singapore’s matters relating to the mission of the MHA Financial Intelligence Unit. and its departments. In 2018, the CAD successfully implemented Under the CLTPA regime, the LD two novel SPF-CAD taskforces, namely continued to assist the Minister for Home the Transnational Commercial Crime Affairs in assessing evidence in support Task Force and the E-Commerce Fraud of detention and police supervision orders Enforcement and Coordination Team, to issued under the CLTPA. Separately, it tackle Internet love scams, impersonation operated a secretariat for the Criminal scams and e-commerce scams, with the Law Advisory Committees appointed aim of dismantling and disrupting the under the CLTPA. In 2018, the LD also criminal syndicates behind them.
40 SINGAPORE LEGAL SERVICE 2018 IN REVIEW The CAD investigated a complex the STRO Online Notices and Reporting $40 million grant fraud perpetrated against Platform consolidates all reporting SkillsFuture Singapore and charged 13 forms into machine-readable formats persons. The CAD worked closely with that facilitate the analysis of intelligence its counterparts in China, Hong Kong and reports on suspected money laundering Malaysia to detect, detain and repatriate and terrorism financing. the four main suspects who were hiding overseas. As at 31 December 2018, one LSO was seconded to the CAD. The CAD continued its partnership with the National Crime Prevention Council as David Chew Siong Tai well as diverse e-commerce platforms to Director engage the public on anti-scam crime Commercial Affairs Department preventive measures. Singapore Police Force
The CAD STRO has strengthened its data analytics capability: the launch of Ministry of Home Affairs and Commercial Affairs Department, Singapore Police Force
(Left to Right): Joshua Lim Yong En, Quek Jing Feng, Leong Kwang Ian (Senior Director, Legal Division, MHA), David Chew Siong Tai (Director, CAD, SPF), Ronald Ang Ee Lin, Jason Nim Kia Meng
SINGAPORE LEGAL SERVICE 41 2018 IN REVIEW since its enactment in 1968, and include Ministry of Manpower extending the core EA benefits to all The LSOs in the Legal Services Division managers and executives, extending (“LSD”) of the Ministry of Manpower, protection on hours of work, rest day with the support of 48 dedicated officers, and overtime pay to more than half of conduct criminal prosecutions, render legal Singapore’s total workforce, and enhancing advice, adjudicate on work injury claims the employment dispute resolution and administer the financial penalty framework by shifting the adjudication frameworks under the Employment of of wrongful dismissal claims to the Foreign Manpower Act (“EFMA”) and Employment Claims Tribunals of the the Employment Act (“EA”). State Courts.
In 2018, LSD handled 2,366 criminal The LSD adjudicated over 119 WICA cases involving offences under the EFMA, cases, and issued decisions for 695 EFMA the Employment Agencies Act, the EA, and 359 EA financial penalty cases. the Work Injury Compensation Act (“WICA”), the Workplace Safety and As at 31 December 2018, there were five Health Act and the Foreign Employee LSOs in the LSD. Dormitories Act 2015. Notable cases include prosecuting two employment Lee Jwee Nguan agencies for not conducting due diligence Divisional Director and bringing under-aged foreign domestic Legal Services Division workers (“FDWs”) into Singapore. The Ministry of Manpower LSD also prosecuted and obtained an aggregate fine of $46,000 against an Ministry of Education employer who had failed to provide safe working conditions for her two FDWs, The Legal Services Branch (“LSB”) of the as she had instructed her FDWs to clean Ministry of Education (“MOE”) assists the external windows of her residence by the MOE Headquarters and Government climbing on scaffolding. In addition, the schools through the provision of legal LSD prosecuted an employment agency services on matters including the exercise personnel, Erleena Binte Mohd Ali, of the MOE’s regulatory powers under for abetting the agency in breaching its statutes such as the Education Act, the licensing conditions, as it had placed implementation of existing or intended insensitive advertisements by marketing education policies, as well as on contracts, FDWs in a manner akin to commodities personal injury and other civil claims. on Carousell. In 2018, the LSB supported the work The LSD rendered 450 pieces of legal of the MOE by, amongst other things, advice, drafted and vetted 169 contractual advising on: agreements, and worked with the Attorney-General’s Chambers to amend (a) legal aspects pertaining to an initiative and promulgate one primary and six to facilitate meaningful, policy-relevant subsidiary legislation. The amendments research studies between the MOE to the EA were the most far reaching and research institutions in Singapore;
42 SINGAPORE LEGAL SERVICE 2018 IN REVIEW (b) the collection, use and disclosure and town councils. The LSU also reviewed of personal data by the MOE and advised on notable transactional following the coming into force of documents such as the revised land the Public Sector (Governance) Act tender framework for religious sites, the 2018; implementation of a progressive wage in certain public sector contracts, and (c) the framework established by the supplements to the public sector MOE for handling certain kinds of conditions for construction works. On accidents in Government and non- the disputes management front, the LSU Government mainstream schools; worked with the Attorney-General’s Chambers to manage issues arising from (d) the processes implemented by the State leases, food recalls, infrastructure MOE for the registration of projects, and the enforcement operations management committees of non- of MND’s statutory boards. Government mainstream schools; and As at 31 December 2018, there were two LSOs in the LSU. (e) the MOE’s initiative to provide higher fee subsidies to lower and Crystal Ong Wai Mun (Ms) middle income students enrolled in Director (Legal) independent schools in 2019. Legal Services Unit Ministry of National Development As at 31 December 2018, there were six LSOs in the LSB.
Loke Shiu Meng Director Legal Services Branch Ministry of Education Ministry of National Development The Legal Services Unit (“LSU”) of the Ministry of National Development (“MND”) provides legal advice to the MND in support of its mission to create a vibrant and sustainable living environment for our nation.
In 2018, the LSU provided legal support to the MND on policy and operational matters concerning building management, composition frameworks, land use planning, public and private housing,
SINGAPORE LEGAL SERVICE 43 2018 IN REVIEW Ministry of Manpower, Ministry of Education and Ministry of National Development
(Left to Right) Front row: Ms Crystal Ong Wai Mun (Director, Legal Services Unit, MND), Loke Shiu Meng (Director, Legal Services Branch, MOE)
(Left to Right) Second row: Ms Chloe Mercy Lee Weiming, Ms Nicole Evangeline Poh Jia Yin, Ms Elizabeth Lee Liang Mae, Ms Valathammai d/o Muthupalaniappan, Ms Rachel Ng Bao Ling
(Left to Right) Back row: Jonathan Ee Wenyang, Melvin Shen Zongwei, Paul Cheong Yuen, Terence Tan Zhong Wei
Not in picture: Lee Jwee Nguan (Divisional Director, Legal Services Division, MOM)
44 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Council in April, and provides advice Ministry of Health to the Councils on matters pertaining The Legal Office (“LO”) of the Ministry to professional conduct and ethics, of Health (“MOH”) provides legal advice registration, accreditation, surveillance, and support to MOH’s senior management investigation, procurement and policies. and its divisions on matters involving policy development and review, planning The Division’s work also includes the and operations. The support provided management and oversight of the conduct covers a wide spectrum of legal issues, of formal inquiries before Disciplinary ranging from medical, tort and criminal Tribunals and other Committees, and law, to data protection and intellectual cases before the High Court and the property law. Court of Appeal. In addition, the Division conducts training and seminars Apart from advisory and transactional for doctors and dentists on relevant work, the LO also conducts criminal medico-legal developments. prosecutions on behalf of MOH in respect of, inter alia, breaches of the As at 31 December 2018, two LSOs were Infectious Diseases Act, Medical seconded to the SMC. Registration Act and Traditional Chinese Medicine Practitioners Act. In 2018, the Loo Yu Hao, Adrian LO represented MOH in the Committee Director (Legal) and General Counsel of Inquiry into the cyber attack on Singapore Medical Council Singapore Health Services’ information technology system, which resulted in Health Sciences the data of a large number of patients being illegally accessed. Authority
As at 31 December 2018, there were six The Health Sciences Authority (“HSA”) LSOs in the LO. is a statutory body under the Ministry of Health. Chua Ying-Hong (Ms) Director The Legal Department (“LD”) serves all Legal Office the legal needs of the HSA. In 2018, the Ministry of Health LD received 1,291 and concluded 1,765 criminal matters, and received 380 and Singapore Medical completed 342 advisory requests and document reviews. The LD also trained Council the forensic scientists in court testimony.
The Legal Division (“the Division”) of In Public Prosecutor v Xu Aihang the Singapore Medical Council (“SMC”) (DSC-900091-2018 & others, unreported), took on an expanded role in 2018, with the HSA prosecuted a peddler of illegal the amalgamation of the common medicines found with 190,000 units of functions of the Singapore Dental medicines worth around $700,000. The HSA
SINGAPORE LEGAL SERVICE 45 2018 IN REVIEW successfully argued for court bail to be As at 31 December 2018, one LSO was imposed. Consequently, the accused was seconded to the HSA. remanded upon his re-offending. He was eventually imprisoned for 112 weeks Grace Lim Seow Gek (Ms) and fined $19,500 for disgorgement. Director Legal Department Health Sciences Authority
Ministry of Health, Singapore Medical Council and Health Sciences Authority
(Left to Right) Front row: Adrian Loo Yu Hao (Director [Legal] and General Counsel, Legal Division, SMC [until 30 June 2019]), Andrew Tan Shao Weng (Director [Legal] and General Counsel, Legal Division, SMC [wef 1 July 2019]), Ms Chua Ying-Hong (Director, Legal Office, MOH), Ms Ruth Teng Xiaohui (Director, Legal Department, HSA [wef 1 July 2019])
(Left to Right) Back row: Andre Moses Tan Chang Ann, Ms Karin Lai Yiling, Ms Serene Seet Lay Cheng, Ms Indhuja Ramakrishnan, Ms Lye Hui Xian, Ethan Liu Junhao
Not in picture: Ms Grace Lim Seow Gek (Director, Legal Department, HSA [until 30 June 2019])
46 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Ministry of Social and Office of the Family Development Public Guardian, The Legal Services Unit (“LSU”) of Ministry of Social and the Ministry of Social and Family Family Development Development (“MSF”) is a specialist department which provides legal advice In 2018, the Office of the Public Guardian to the MSF’s divisions on matters such as (“OPG”) received 28,695 applications adoption, child welfare, adult protection, for Lasting Powers of Attorney (“LPA”), marriage, and the exercise of regulatory a 74% increase from 2017. Fifty court and licensing powers. The LSU also reports were furnished under section 37 assists with the drafting of contracts and of the Mental Capacity Act, compared reviews legislation under the MSF’s to 35 in 2017. purview. The OPG currently supervises 3,515 In 2018, the LSU worked closely with deputies, a 22% increase from 2017. the MSF’s operational divisions on the Home visits were conducted to check implementation of the Vulnerable Adults on recalcitrant deputies who had failed Act 2018 and the Early Childhood to render their reports to the OPG. Development Centres Act 2017. The LSU also advised the Office of the Public On 1 September 2018, the OPG Guardian on the re-engineering of its implemented the registration and business processes, and the Registry of certification framework for Professional Marriages on legal issues over the State Deputies (“PD”). As at 31 December 2018, Marriage Register. Further, the LSU 20 PDs had been registered. assisted with the review of applications by charities seeking to be approved as Having completed a business process Institutions of Public Character, and re-engineering study, the OPG will roll provided extensive advice on adoption out an online LPA registration system and applications and legal issues under the an intelligent supervision and investigation Adoption of Children Act. tool by 2021. This system will improve the user experience for the public and To enhance the MSF’s work productivity, OPG staff, and encourage the early uptake the LSU conducted several legal education of LPAs. talks for the MSF’s officers and provided contractual templates and checklists, As at 31 December 2018, one LSO was which the LSU periodically reviewed and seconded to the OPG. tailored to better facilitate the MSF’s operational needs. Regina Chang (Ms) As at 31 December 2018, there were five Public Guardian Office of the Public Guardian LSOs in the LSU. Ministry of Social and Family Development
Amy Tung Chew Ming (Ms) Director Legal Services Unit Ministry of Social and Family Development SINGAPORE LEGAL SERVICE 47 2018 IN REVIEW As at 31 December 2018, there were four Ministry of Culture, LSOs in the LU. Community and Ang Ching Pin (Ms) Youth Director (Legal) The Legal Unit (“LU”) of the Ministry Legal Unit of Culture, Community and Youth Ministry of Culture, Community and Youth (“MCCY”) provides legal services to MCCY (including its autonomous agency, Syariah Court, the National Youth Council) in support of MCCY’s mission - “Building Singapore’s Ministry of Culture, Social Capital, Inspiring the Singapore Community and Spirit, Together Making Singapore Home”. Youth In 2018, key Government initiatives the LU supported included: The Syariah Court (“SYC”) amended the Muslim Marriage and Divorce Rules to (a) the organisation of the inaugural promote a less adversarial divorce process, ASEAN eSports tournament; better protect the child’s interests and more effectively achieve restorative (b) the ePlanner platform, which maps outcomes. Where appropriate, civil community needs and assets to procedure was adopted for parity of facilitate outreach efforts to needy approach on common issues. families; and The SYC also initiated the first Muslim (c) the Whole of Government Volunteer Law Practice Course. Conducted by the Management System, which centralises Faculty of Law of the National University volunteer management efforts across of Singapore, the course provided training public agencies and provides strategic in Muslim law principles and contributed overview of volunteerism patterns. to legal education in Singapore.
Throughout 2018, the LU assisted With counselling, about 40% of registered the Charities Unit with its intensified cases did not proceed with divorce, and enforcement work, following the 2018 70% of divorce cases were resolved amendments to the Charities Act. The amicably. LU also liaised closely with the Attorney- General’s Chambers to manage some The SYC continued to work closely with civil claims. the Family Justice Courts and various agencies to serve the community. On the international front, the LU continued supporting the MCCY in the As at 31 December 2018, there were two drafting of Singapore’s first State Party LSOs in the SYC. Report on the International Convention on the Elimination of All Forms of Shahrinah Abdol Salam (Ms) Racial Discrimination for submission to Registrar the United Nations. Syariah Court Ministry of Culture, Community and Youth 48 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Ministry of Social and Family Development, Office of the Public Guardian, Ministry of Culture, Community and Youth and Syariah Court
(Left to Right) Front row: Ms Shahrinah Abdol Salam (Registrar, Syariah Court, MCCY), Ms Regina Chang (Public Guardian, Office of the Public Guardian, MSF), Ms Amy Tung Chew Ming (Director, Legal Services Unit, MSF), Ms Ang Ching Pin (Director, Legal Unit, MCCY), Mrs Shahla Iqbal (Director, Legal, MUIS)
(Left to Right) Back row: Ms Eunice Chong Miao En, Ms Elena Yip Luyang, Sean Lee Weiheng, Ms Alicia Teng Kia Hui, Ms Eunice Ng Huiya, Ms Ang Swee Yan
SINGAPORE LEGAL SERVICE 49 2018 IN REVIEW Ministry of Data Innovation & Communications and Protection Group, Information Info-communications The Legal Services Department (“LSD”) Media Development of the Ministry of Communications and Authority Information (“MCI”) provides legal advice and support to the divisions of MCI and its The Personal Data Protection Commission senior management in the exercise of MCI’s (“PDPC”) is integrated into the Info- regulatory and statutory functions and its communications Media Development policy deliberations involving the statutory Authority (“IMDA”) and continues to boards under its purview (namely, the enforce and administer the Personal Data Info-communications Media Development Protection Act 2012 (“PDPA”) as its Authority and the National Library Board). primary role.
The LSD drafts and reviews various Artificial Intelligence and data analytics contractual and quasi-contractual technologies offer new possibilities to documents, and advises on a wide range of harness data innovatively. In preparing issues, including issues relating to contract, Singapore towards a Digital Economy intellectual property rights, confidentiality, and embracing new advances in the personal data protection and cybersecurity. generation, collection and use of personal data, PDPC provides policy guidance on The LSD was actively involved in giving data-sharing to enable industries to legal input on policy matters relating navigate the future data landscape. to the Cybersecurity Act 2018 and its implementation, the Films (Amendment) The PDPA is undergoing a review to keep Act and the National Library (Amendment) pace with technological developments and Act, which were passed in Parliament the PDPC leads the crafting of policies in 2018. Additionally, the LSD was an and frameworks to support the adoption integral part of the secretariat staffing of such technologies, while balancing the the Committee of Inquiry into the cyber needs of individuals and organisations. attack on Singapore Health Services’ patient database system. The LSD As at 31 December 2018, one LSO was also provided legal support to MCI on seconded to the IMDA. the restructuring of Design Singapore
Council (currently a division of MCI) as a subsidiary of the Economic Development Yeong Zee Kin Board. Assistant Chief Executive (Data Innovation & Protection Group) As at 31 December 2018, there were three Info-communications Media LSOs in the LSD. Development Authority and Deputy Commissioner Daphne Chang Wei Hsian (Ms) Personal Data Protection Commission Director Legal Services Department Ministry of Communications and Information
50 SINGAPORE LEGAL SERVICE 2018 IN REVIEW Ministry of Communications and Information and Data Innovation & Protection Group, Info-communications Media Development Authority
(Left to Right) Front row: Ms Ang Ching Hwei, Ng Song Yeong, Yeong Zee Kin (Assistant Chief Executive, IMDA and Deputy Commissioner, PDPC), Ms Daphne Chang Wei Hsian (Director, Legal Services Department, MCI), Andrew Teo Jun Yi
SINGAPORE LEGAL SERVICE 51 2018 IN REVIEW Ministry of Finance Accounting and The Legal Directorate (“LD”) of the Corporate Regulatory Ministry of Finance (“MOF”) was Authority established on 1 April 2018 to strengthen MOF’s capabilities in responding to rapid The Accounting and Corporate Regulatory global developments in the economic and Authority (“ACRA”), a statutory board fiscal fronts, and also for the concurrent under the purview of the Ministry of development of legal expertise in corporate, Finance, regulates business entities and finance and tax policy areas within the public accountants in Singapore. Singapore Legal Service. ACRA’s Assistant Chief Executive, a While the LD’s initial focus was on tax- senior Legal Service Officer, supervises related advisory matters (such as the the work of LSOs seconded to ACRA taxation implications of Variable Capital and deployed to the Legal Services Companies, Goods and Services Tax on Department and Prosecution Department. imported services, the provision of stamp duties on electronic instruments and The LSOs in the Legal Services double taxation agreements), the LD’s Department provide civil advisory and scope of work quickly expanded to include law reform support to ACRA. Civil advice on the full scope of MOF’s work advisory includes providing general advice such as the Minister’s discretion in an on the statutes administered by ACRA, appeal against the Registrar of Company’s contractual matters, dispute resolution, decision to refuse the registration of a name complaints, cross-ministry projects company and on matters involving and assessments for compliance with constitutional law. international standards on transparency.
The LD officers also attended overseas The LSOs were also involved in the conferences and meetings, for example review of the Companies Act and the the Asian Infrastructure and Investment Accountants Act, to ensure Singapore’s Bank Legal Conference in Beijing, corporate and accounting regulatory China and the setting up of a Southeast regime stays robust and competitive. The Asia Disaster Risk Insurance Facility on law reform support includes research the margins of the ASEAN+3 Finance and drafting of law reform papers and and Central Bank Deputies Meeting in reports, and supporting committees Busan, Korea. formed to review legislation under ACRA’s purview. The LSOs also engaged As at 31 December 2018, there were four in cross-agency legislative projects, LSOs in the LD. including the Monetary Authority of Singapore’s Variable Capital Companies Alvin Koh Meng Sing Bill and the Ministry of Law’s Insolvency, Chief Legal Officer Restructuring and Dissolution Bill. Legal Directorate Ministry of Finance The LSOs in the Prosecution Department prosecute breaches of ACRA-administered legislation, during which deterrent
52 SINGAPORE LEGAL SERVICE 2018 IN REVIEW sentences were sought whenever tax, stamp duty and property tax, and appropriate. These included cases of providing corporate legal support in lodgement of false information and various matters such as contract, failures by corporate services providers procurement, and intellectual property. to fulfil statutory obligations. The LSOs The Division represents the IRAS at tax also administered the new disqualification tribunals, the High Court and the Court regime against directors who had three of Appeal, and prosecutes tax-related or more companies struck off by ACRA, offences such as tax evasion and fraud. and handled the conduct of disciplinary The Division is also involved in the matters concerning public accountants. drafting of tax legislation, arising from annual Budget announcements or as ACRA’s Assistant Chief Executive led part of tax reform. the ACRA delegation in the onsite peer review by reviewers from the Global As at 31 December 2018, six LSOs were Forum on Transparency and Tax, to seconded to the IRAS. explain and defend the legal and regulatory framework administered by Tang Siau Yan ACRA. Chief Legal Officer IRAS Law Division As at 31 December 2018, 10 LSOs were Inland Revenue Authority of Singapore seconded to ACRA.
Andy Sim Yock Ann Assistant Chief Executive Accounting and Corporate Regulatory Authority Inland Revenue Authority of Singapore The Inland Revenue Authority of Singapore (“IRAS”) is a statutory body under the Ministry of Finance. The IRAS is tasked with administering, assessing, collecting and enforcing the payment of taxes. The IRAS also advises Government, and represents Singapore internationally, on matters relating to taxation.
The IRAS Law Division (“the Division”) advises the IRAS on a broad range of legal and tax issues. This includes rendering advice on income tax, goods and services
SINGAPORE LEGAL SERVICE 53 2018 IN REVIEW Ministry of Finance, Accounting and Corporate Regulatory Authority and Inland Revenue Authority of Singapore
(Left to Right) Front row: Alvin Koh Meng Sing (Chief Legal Officer, Legal Directorate, MOF), Tang Siau Yan (Chief Legal Officer, Law Division, IRAS)
(Left to Right) Second row: Ms Nor’ashikin Binte Samdin, Mrs Jasmine Chin-Sabado, Ms P Arul Selvamalar, Ms Lim Pei Ying, Ms Quek Hui Ling, Ms Genevieve Lee Hui Shan
(Left to Right) Back row: Cheok Yu-Liang, Elgin Tay Wei Xiong, Ma Hanfeng, Thomas Mathew Koshy, Gilbert Low Teik Seang, Kenny Kung Yong Jin, Ramesh Ethan s/o Ananda Suppiah, Joshua Lai Zhiyang, Norman Teo Zhenxing, Jasper Wong Chun Yin
Not in picture: Andy Sim Yock Ann (Assistant Chief Executive, ACRA)
54 SINGAPORE LEGAL SERVICE 2018 IN REVIEW frames. The most significant was the Competition and acquisition of Kopitiam Investment Consumer Commission Pte Ltd and its subsidiaries by NTUC Enterprise Co-operative Limited, which of Singapore was approved after an extensive public In April 2018, the Competition Commission consultation with multiple stakeholders. of Singapore was renamed the Competition and Consumer Commission of Singapore The CCCS demonstrated its commitment (“CCCS”), to reflect its additional function to cross-border enforcement when it took of administering and enforcing the over the chairmanship of the ASEAN Consumer Protection (Fair Trading) Act. Experts Group on Competition and The Competition Act was also amended oversaw the establishment of the to strengthen the competition regime, ASEAN Competition Enforcers’ Network. through simplifying the interview process It also signed a Memorandum of during investigations, and empowering Understanding on enforcement cooperation the CCCS to accept commitments to with its Indonesian counterpart, the eliminate anti-competitive practices and first ever with an ASEAN competition provide confidential advice for anticipated authority. mergers. As at 31 December 2018, five LSOs were The CCCS issued several high profile seconded to the CCCS. decisions, the most notable one involving the Grab-Uber merger where the CCCS Toh Han Li issued Interim Measures Directions Chief Executive during investigations and found that the Competition and Consumer Commission merger resulted in substantial lessening of Singapore of competition in the provision of ride-hailing platform services. A total Economic financial penalty of $13 million was imposed on Grab and Uber and directions Development Board were issued to keep the market open and contestable. The CCCS also issued an The Economic Development Board infringement decision against a cartel of (“EDB”) is a statutory body under the 13 fresh chicken distributors (that supplied Ministry of Trade and Industry. It is more than 90% of fresh chicken products responsible for strategies that enhance in Singapore) for coordinating price Singapore’s position as a global business increases and market sharing, imposing centre. the highest total financial penalty of $26.9 million in a single case to date. The Legal Division (“Division”), part of the The CCCS also issued an Airline Guidance EDB’s Corporate Development Group, Note streamlining airline joint venture regularly advises on financial and tax notifications processes. Nine merger incentives for the promotion of investments, clearance decisions were also issued, training, productivity and research and spanning various industries from rail development in Singapore. mobility to ophthalmic lenses and spectacle
SINGAPORE LEGAL SERVICE 55 2018 IN REVIEW The Division also advises on data content for an e-learning platform on protection, procurement, property and legal matters. human resource matters. As at 31 December 2018, three LSOs Key initiatives worked on by the were seconded to the EDB. Division in 2018 included the implementation of EDB’s compliance Ching Sann (Ms) with the European Union’s General Data General Counsel Protection Regulation, and the Public Legal Division Sector (Governance) Act 2018 (No. 5 Economic Development Board of 2018). The Division also produced
Competition and Consumer Commission of Singapore and Economic Development Board
(Left to Right) Front row: Ms Lee Pei Rong Rachel, Ms Then Ling, Edrick Guo Zhixian (General Counsel, Legal Division, EDB [wef 1 January 2019]), Toh Han Li (Chief Executive, CCCS), Ms Qiu Huixiang, Quilindo Michael Zhi Cheng
Not in picture: Ms Ching Sann (General Counsel, Legal Division, EDB [until 31 December 2018])
56 SINGAPORE LEGAL SERVICE 2018 IN REVIEW service licencees from becoming shadow Monetary Authority banks). of Singapore As at 31 December 2018, two LSOs were The Monetary Authority of Singapore seconded to the MAS. (“MAS”) is Singapore’s central bank and financial services regulator. Its Gillian Koh Tan (Ms) Enforcement Department (“ENF”) and Executive Director & Department Head Prudential Policy Department (“PPD”) Enforcement Department play key roles in deterring misconduct Monetary Authority of Singapore within the finance industry and promoting Singapore’s financial stability.
Two LSOs were seconded to ENF, National Environment which detects, investigates and takes Agency enforcement action across MAS-regulated financial sectors. ENF’s Enforcement Policy and Legal Division provides The Legal Department (“LD”) of the legal advice, formulates enforcement National Environment Agency (“NEA”) policies and represents MAS at provides legal advice and services to the international enforcement forums. NEA as the regulator for the environment and public health. The LD’s prosecutors In 2018, MAS-led investigations, under also prosecute offences under NEA’s laws. the joint investigation arrangement with the Commercial Affairs Department, With 2018 being designated as “the Year resulted in a four-month imprisonment of Climate Action”, the LD actively sentence against an offender for supported the NEA in its initiatives to market manipulation. MAS also obtained deal with climate change. New legislation prohibition orders against six financial enacted included the Carbon Pricing advisory representatives for mis-selling Act, which imposes a carbon tax on investment products to a range of certain greenhouse gas emissions of investors, including vulnerable clients. business facilities. MAS further imposed hefty penalties against several financial institutions for As part of Singapore’s vision to become breaches of requirements. a smoke-free nation, the Smoking (Prohibition in Certain Places) Act was One LSO was seconded to PPD, which amended to allow the prescribing of develops MAS’ banking regulatory no-smoking zones. framework and formulates capital and prudential policies to promote a sound, As at 31 December 2018, two LSOs were resilient and dynamic financial sector. In seconded to the NEA. 2018, PPD formulated policy measures in the Payment Services Act (No. 2 of Jeffrey Sim Mong Heng 2019) to protect consumers and safeguard Director Singapore’s continued financial stability Legal Department (including restrictions to prevent payment National Environment Agency
SINGAPORE LEGAL SERVICE 57 2018 IN REVIEW projects relating to autonomous vehicle Land Transport technology, new Mass Rapid Transit Lines Authority (Cross Island and the Jurong Region Lines), active mobility initiatives, Electronic Road Pricing 2, North-South Corridor, and The Land Transport Authority (“LTA”) private-hired cars. New legislation passed is a statutory board under the Ministry of include the Land Transport (Enforcement Transport. The Legal Sub-Group handles Measures) Act 2018 and the Parking a diverse portfolio in areas such as Places (Amendment) Act 2018. legislative policy, regulatory and licensing work, prosecution of road-related offences, As at 31 December 2018, two LSOs were contracts and claims, intellectual property seconded to the LTA. and land law, and corporate secretarial
work. Eugene Lee Yee Leng In 2018, the key developments, projects General Counsel Land Transport Authority and achievements include work done on cross-border projects with Malaysia,
Monetary Authority of Singapore, National Environment Agency and Land Transport Authority
(Left to Right): Ms Kok Shu-en, Eugene Lee Yee Leng (General Counsel, LTA [until 30 June 2019]), Jeffrey Sim Mong Heng (Director, Legal Department, NEA), Paul Chia Kim Huat, Ms Lynn Tan Jin Ling
Not in picture: Ms Gillian Koh Tan (Executive Director & Department Head, Enforcement Department, MAS)
58 SINGAPORE LEGAL SERVICE 2018 IN REVIEW EDITORIAL COMMITTEE Mr Seah Chi-Ling (Chairperson) Ms Janice Wong Shi Hui (Vice-Chairperson) Ms Sarah Tan Ms Goh Yin Dee Ms Josephine Kang Mr Kenny Kung Mr Francis Zhang Ms Loh Hui-Min Mr Patrick Tay DEPARTMENT LIAISON OFFICERS Ms Zeslene Mao (Supreme Court) Ms Carrie Zheng (SLA) Ms Georgina Lum (State Courts) Mr Edmund Chew (IPOS) Ms Adriene Cheong (Family Justice Courts) Ms Ruth Wong (MHA) Ms Sheryl Janet George Ms Nicole Evangeline Poh (MOM) (Advocacy Group, AGC) Ms Rachel Ng & Ms Joyce Lee (MOE) Mrs Lim Su Ching (AGC Academy, AGC) Mr Andre Moses Tan (MOH) Mr Vikneswaran Kumaran (LTiO, AGC) Ms Alicia Teng (MSF) Mr Mansoor Amir & Ms Jasmin Kaur Ms Eunice Ng (MCCY) (Crime Division, AGC) Ms Ang Ching Hwei (MCI) Ms Amanda Chong (IAD, AGC) Mr Jasper Wong (MOF) Ms Amanda Tan & Ms Hannah Cheng (Civil Division, AGC) Mr Gilbert Low (ACRA) Ms Cheryl Seah (LEGIS, AGC) Ms Lim Pei Ying (IRAS) Ms Ho Su-Lyn (MINDEF) Mr Michael Quilindo (CCCS) Ms Yap Jia Jun (MinLaw) Ms Then Ling (EDB) Ms Maryam Rozlan (LAB) Ms Lynn Tan (MAS) Mr Zhong Zewei (IPTO) Mr Imran Abd Hamid (NEA) LEGAL SERVICE COMMISSION SECRETARIAT Ms Jeanne Kuik Ms Joyce Loh Ms Agnes Goh
SINGAPORE LEGAL SERVICE 59 2018 IN REVIEW LEGAL SERVICE COMMISSION 1, Supreme Court Lane, Supreme Court, Singapore 178879 website: www.lsc.gov.sg email: [email protected]
60 SINGAPORE LEGAL SERVICE 2018 IN REVIEW