Judiciary Times Issue No. 3 December 2019
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Opening of the Legal Year 2019
ISSUE 01 • MAY 2019 OPENING OF THE LEGAL STATE COURTS TOWERS: FAMILY JUSTICE COURTS YEAR 2019: THE NEXT STRUCTURAL WORKS WORKPLAN 2019: CHAPTER IN OUR JOURNEY COMPLETED EVERY OUTCOME – A WAY FORWARD JUDICIARY TIMES • MAY 2019 02 HIGHLIGHTS OPENING OF THE LEGAL YEAR 2019: HIGHLIGHTS THE NEXT CHAPTER Opening of the Legal Year 2019: 01 The Next Chapter in Our Journey IN OUR JOURNEY State Courts Towers: 03 Structural Works Completed Family Justice Courts Workplan 2019: 04 Every Outcome – A Way Forward EVENTS & INITIATIVES State Courts Workplan 2019: 05 2020 and Beyond Supreme Court Strategic Compass 06 2019 - 2022 SICC Conference 07 Judicial Insolvency Network Meeting 07 The 2nd Asean Family Judges Forum 08 CAPS Dialogue with Family Service 08 Centres Family Mediation Symposium 09 State Courts Re-appoint Volunteer 09 Mediators The Executive Leadership Programme 10 Led by The Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench adorned their ceremonial robes to Counter-terrorism Exercise at the 11 herald the Opening of Legal Year on 7 January at the Supreme Supreme Court Court Auditorium. Invited guests from the legal community, including legal luminaries from abroad, were addressed by Free Food and Books Available in 11 Chief Justice, Attorney-General Lucien Wong, and Mr Gregory the Courthouse Vijayendran, SC, President of the Law Society, who took stock of the work done in the past year, and set out the directions ahead. Read the full response at: www.supremecourt.gov.sg/news/speeches/ NOTABLE VISITS 12 In his address, Chief Justice exhorted the legal community to shift their collective attention to prepare themselves for a Bringing the day’s event to a close, dramatically changing legal landscape that is being reshaped Chief Justice and Mrs Menon hosted WHAT’S NEW? 15 by three significant forces: globalisation, technology, and the the annual Judiciary Dinner at the growing commercialisation of the law. -
Overseas Union Insurance Ltd V Home and Overseas Insurance Co
Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd and another application [2002] SGHC 83 Case Number : DC Suit 51197/1999, RA 600004/2002, OM 600011/2002 Decision Date : 23 April 2002 Tribunal/Court : High Court Coram : Tay Yong Kwang JC Counsel Name(s) : Liew Teck Huat (Niru & Co) for the plaintiffs/respondents; P Jeya Putra (Joseph Tan Jude Benny) for the defendants/applicants Parties : Overseas Union Insurance Ltd — Home and Overseas Insurance Co Ltd Civil Procedure – Appeals – Leave – Plaintiffs seeking to appeal to High Court against district judge's decision relating to costs – District judge ruling leave to appeal necessary and refusing leave – Appeal by plaintiffs to High Court against district judge's ruling with alternative application for leave to appeal – Defendants applying to strike out appeal – Whether mode should be appeal or application for leave – Whether application for leave out of time – Whether leave to appeal necessary – Whether leave to appeal should be granted – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) – s 50 Interpretation Act (Cap 1, 1999 Ed) – O 2 r 1, O 3 r 2(5) & O 55C r 2 Rules of Court Words and Phrases – 'Amount in dispute' – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) Between OVERSEAS UNION INSURANCE LIMITED (REG NO. 195600074R) ... Plaintiffs And HOME & OVERSEAS INSURANCE COMPANY LIMITED (REG NO. 513813) ... Defendants ORIGINATING MOTION NO. 600011 OF 2002 In the matter of Section 2(1) of the Supreme Court of Judicature Act (Cap 322) and Order 55C Rule 2 of the Rules of Court (Cap 322) And In the matter of DC Suit No. -
331KB***Administrative and Constitutional
(2016) 17 SAL Ann Rev Administrative and Constitutional Law 1 1. ADMINISTRATIVE AND CONSTITUTIONAL LAW THIO Li-ann BA (Oxon) (Hons), LLM (Harvard), PhD (Cantab); Barrister (Gray’s Inn, UK); Provost Chair Professor, Faculty of Law, National University of Singapore. Introduction 1.1 In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.1 1.2 Most constitutional law cases revolved around Art 9 issues. Judicial observations on the nature or scope of specific constitutional powers were made in cases not dealing directly with constitutional arguments. See Kee Oon JC in Karthigeyan M Kailasam v Public Prosecutor2 noted the operation of a presumption of legality and good faith in relation to acts of public officials; the Prosecution, in particular, is presumed “to act in the public interest at all times”, in relation to all prosecuted cases from the first instance to appellate level. -
JUDICIARY TIMES - Issue 01
JUDICIARY TIMES - ISSUE 01 ISSUE 01 | MAY 2018 JUDICIARY TIMES Opening of Twelve Key Initiatives The Family Justice Legal Year 2018: Announced at Courts Workplan 2018: Towards a Future- State Courts In the Next Phase Ready Legal Sector Workplan 2018 1 JUDICIARY TIMES - ISSUE 01 CONTENTS ISSUE 01 | MAY 2018 01 03 04 OPENING OF JUDGES AND TWELVE KEY LEGAL YEAR 2018: INTERNATIONAL InitiatiVES Towards A JUDGES ATTEND ANNOUNCED at FUTURE-Ready SICC 2018 State Courts LEGAL Sector WORKPLAN 2018 05 06 07 International THE Family Court AND TRIBUNAL IT DEVELOPMENTS JUSTICE Courts Administrators AND ITS IMPACT WORKPLAN 2018: attend THE ON LAW IN THE NEXT PHASE EXECUTIVE LEADERSHIP ProGRAMME 2 JUDICIARY TIMES - ISSUE 01 07 08 08 SMU SCHOOL Volunteer TRAINING FOR OF LAW HOSTS Mediators newly recruited LUNCH FOR attend TRAINING Volunteer SUPREME COURT ProGRAMME Support PERSONS BENCH 09 09 10 State Courts State Courts THE JUDICIARY introduces launcH GIVES Back to DOCUMENTS-Only PHASE 2 SOCIETY process FOR OF THE CJTS CIVIL CASES 11-13 14 15 15 16 NotaBLE WHAT’S AWARDS & UPCOMING BEHIND THE VISITS NEW ACCOLADES EVENTS SCENES 3 JUDICIARY TIMES - ISSUE 01 HIGHLIGHTS OPENING OF LEGAL YEAR 2018: Towards A FUTURE - Ready LEGAL Sector The Opening of the Legal Year on 8 January was Chief Justice also highlighted the challenges ahead for marked by the traditional ceremony that took place the legal fraternity and the courts, which included in the morning at the Supreme Court Auditorium, the potential disruptive force of technology and the followed by the Judiciary Dinner held at the Istana. -
Steep Rise Ltd V Attorney-General
Steep Rise Ltd v Attorney-General [2020] SGCA 20 Case Number : Civil Appeal No 30 of 2019 Decision Date : 24 March 2020 Tribunal/Court : Court of Appeal Coram : Tay Yong Kwang JA; Steven Chong JA; Woo Bih Li J Counsel Name(s) : Chan Tai-Hui, Jason SC, Tan Kai Liang, Daniel Seow Wei Jin, Victor Leong Hoi Seng and Lim Min Li Amanda (Allen & Gledhill LLP) for the appellant; Kristy Tan, Kenneth Wong, Ng Kexian and Tan Ee Kuan (Attorney-General's Chambers) for the respondent. Parties : Steep Rise Limited — Attorney-General Criminal Procedure and Sentencing – Mutual legal assistance – Duty of full and frank disclosure Criminal Procedure and Sentencing – Mutual legal assistance – Enforcement of foreign confiscation order – Risk of dissipation 24 March 2020 Tay Yong Kwang JA (delivering the grounds of decision of the court): Introduction 1 On 22 August 2017, a Restraint Order was made by the High Court on the application of the Attorney-General (“the AG”) pursuant to s 29 read with para 7(1) of the Third Schedule of the Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed) (“MACMA”), restraining any dealing with the funds in the bank account of Steep Rise Limited (“the appellant”) in the Bank of Singapore (“the BOS Account”). Subsequently, the appellant applied to the High Court to discharge the order of court. The High Court Judge (“the Judge”) dismissed the application and made no order as to costs as the AG did not seek an order for costs. 2 The appellant then appealed against the Judge’s decision. -
Chief Justice's Foreword
CHIEF JUSTICE’S FOREWORD As I have said on previous occasions, the Judiciary together with community partners, launched the is the custodian of the sacred trust to uphold first part of a Witness Orientation Toolkit to help the rule of law. To this end, it must not only hand prepare vulnerable witnesses for their attendance down judgments which are fair and well-reasoned, in court. Similarly, the Family Justice Courts worked but also ensure that justice is accessible to all, closely with the Family Bar to publish, earlier this for it is only by so doing that it can command the January, the second edition of The Art of Family trust, respect and confidence of the public. This Lawyering, which is an e-book that hopes to is indispensable to the proper administration of encourage family lawyers to conduct proceedings justice. in a manner that reduces acrimony between the parties, focuses on the best interests of the child, This One Judiciary Annual Report will provide an and conduces towards the search for meaningful overview of the work done by the Supreme Court, long-term solutions for families. the State Courts and the Family Justice Courts in 2018 to enhance our justice system to ensure that it On the international front, we continued to continues to serve the needs of our people. expand our international networks. Regionally, we deepened our engagement with ASEAN by playing host to a series of events involving the ASEAN legal community and will continue our outreach as Strengthening Our Justice System Both of Social Sciences School of Law to develop the I see through the rest of my term as President of The Road Ahead Within and Without law school’s curriculum and the design of its Legal the ASEAN Law Association. -
9789814677813
SUBHA THE BEST I COULDFor Review onlyNATIONAL BESTSELLER Subhas Anandan (1947–2015) was undoubtedly Singapore’s best-known S criminal lawyer. From taking on Singapore’s most infamous cases, such as those A of Anthony Ler, Took Leng How and Ah Long San, to espousing his views on NANDAN the mandatory death sentence and police entrapment, Subhas Anandan became the face of criminal defence in Singapore. But why did he choose to represent clients who were to all intents and purposes guilty? And were the criminals he represented the monsters they were made out to be? Part (auto) biography and part log of Singapore’s criminal history, The Best I Could is a candid, at times brutally honest rendition of the boy, the man, the lawyer and the mentor who would ultimately become the voice of Singapore’s underdogs and unwanted. The THE BES book is a journey through dusty jail cells, dramatic courtrooms and the minds of some of the most high-profile criminals to date. At the end of a sometimes emotional ride, underneath his signature public scowl is a heart that is truly made of gold. We are privileged to have him as a colleague and a mentor to our younger colleagues. “Even the most heinous — Tan Chong Huat, Managing Partner, KhattarWong (2009) offender deserves The Best I Could provides a good insight into the criminal mind. Subhas narrates some a proper trial.” of the island’s most heinous crimes and the criminals behind them. Some of the characters are as fascinating as the author himself, and Subhas shows there is some good in the worst of them. -
Ex Tempore Judgment
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2021] SGCA 7 Criminal Appeal No 9 of 2020 Between Toh Sia Guan … Appellant And Public Prosecutor … Respondent EX TEMPORE JUDGMENT [Criminal Law] — [Offences] — [Murder] This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Toh Sia Guan v Public Prosecutor [2021] SGCA 7 Court of Appeal — Criminal Appeal No 9 of 2020 Andrew Phang Boon Leong JCA, Tay Yong Kwang JCA and Belinda Ang Saw Ean JAD 2 February 2021 2 February 2021 Andrew Phang Boon Leong JCA (delivering the judgment of the court ex tempore): Introduction 1 This is an appeal against the decision of the High Court judge (“the Judge”) in Public Prosecutor v Toh Sia Guan [2020] SGHC 92, convicting the Appellant of one charge of murder under s 300(c) of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”) and sentencing him to life imprisonment. Facts 2 The facts of the case are straightforward. On 9 July 2016, the Appellant and the deceased were involved in a fight which resulted in the Appellant running away. The Appellant then purchased a knife. Returning to the scene of the fight, the Appellant encountered the deceased and engaged in a second fight in the course of which multiple stab wounds on the scalp, chest and arm, among Toh Sia Guan v PP [2021] SGCA 7 other injuries, were inflicted on the deceased and culminated in his death. -
Empirical Study on Appellate Intervention in Manifestly Excessive Or Inadequate Sentences in Singapore
(2020) 32 SAcLJ 684 (Published on e-First 3 July 2020) EMPIRICAL STUDY ON APPELLATE INTERVENTION IN MANIFESTLY EXCESSIVE OR INADEQUATE SENTENCES IN SINGAPORE Once upon a time there was a judge named Goldilocks. She was scheduled to hear magistrate’s appeals in the afternoon. On her desk were the briefs for three different cases. She read the first file. “This sentence is manifestly excessive!” she exclaimed. Next, she read the second file. “This sentence is manifestly inadequate!” she lamented. At last, after reading the last file, she leaned back in her chair and smiled. “Ah!” she exclaimed, “this sentence is neither manifestly excessive nor inadequate and gives sufficient weight to both the principles of deterrence and rehabilitation and is proportionate to the gravity of the offence, having regard also to the personal circumstances of the offender”. In reality, unlike for Judge Goldilocks, it may not be as clear whether a sentence is manifestly excessive or inadequate, because the sentence might simply be on the high side (or low side) without warranting appellate intervention. This article surveys all reported appeals against sentence from 1990 to 2017 to provide an overview of when an appellate court will intervene in an appeal against sentence on the grounds of manifest excessiveness or inadequacy. LIM Wei Yang1 LLB (Hons) (National University of Singapore); Advocate and Solicitor (Singapore). I. Introduction 1 Much has been said about achieving fairness and consistency in sentencing,2 in which appellate guidance and intervention is an indispensable ingredient. The appellate courts provide guidance and clarity in sentencing law and practice, and resolve incongruent, 1 This article was written as a directed research paper during the course of the author’s undergraduate studies under the guidance of Prof Kumaralingam Amirthalingam. -
Political Defamation and the Normalization of a Statist Rule of Law
Washington International Law Journal Volume 20 Number 2 3-1-2011 The Singapore Chill: Political Defamation and the Normalization of a Statist Rule of Law Cameron Sim Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Rule of Law Commons Recommended Citation Cameron Sim, The Singapore Chill: Political Defamation and the Normalization of a Statist Rule of Law, 20 Pac. Rim L & Pol'y J. 319 (2011). Available at: https://digitalcommons.law.uw.edu/wilj/vol20/iss2/3 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2011 Pacific Rim Law & Policy Journal Association THE SINGAPORE CHILL: POLITICAL DEFAMATION AND THE NORMALIZATION OF A STATIST RULE OF LAW Cameron Sim† Abstract: Recent cases involving opposition politicians and foreign publications, in which allegations of corruption leveled against both the executive and the judiciary were found to be defamatory and in contempt of court, struck at the heart of Singapore’s ideological platform as a corruption-free meritocracy with an independent judiciary. This article examines the implications of these cases for the relationship between the courts, the government, and the rule of law in Singapore. It is argued that judicial normalization of the government’s politics of communitarian legalism has created a statist and procedural rule of law that encourages defamation laws to chill political opposition. -
Singapore Judgments
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE [2017] SGHC 215 Magistrate’s Appeal No 9308 of 2016 Between Amin Bin Abdullah … Appellant And Public Prosecutor … Respondent GROUNDS OF DECISION [Criminal Procedure and Sentencing] — [Appeal] [Criminal Procedure and Sentencing] — [Sentencing] — [Benchmark sentences] [Criminal Procedure and Sentencing] — [Sentencing] — [Principles] This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Amin bin Abdullah v Public Prosecutor [2017] SGHC 215 High Court — Magistrate’s Appeal No 9308 of 2016 Sundaresh Menon CJ, Chao Hick Tin JA and See Kee Oon J 9 May 2017 29 August 2017 Sundaresh Menon CJ (delivering the grounds of decision of the court): Introduction 1 Under the Criminal Procedure Code (Cap 68, 2012 Rev Ed) (“the CPC”), certain categories of offenders are exempted from caning. The CPC also empowers the courts to enhance the imprisonment terms of such offenders in lieu of caning, by up to 12 months. Case law has not spoken with one voice on when an offender’s sentence should be enhanced in lieu of caning (“the enhancement question”), and if so enhanced, how the extent of such enhancement should be determined (“the duration question”). 2 These questions arose in the present appeal. At the conclusion of the oral arguments, we dismissed the appeal and gave brief reasons. We indicated that we would elaborate by furnishing detailed grounds for our decision. This we now do. In these written grounds, we provide guidance on both the enhancement Amin bin Abdullah v PP [2017] SGHC 215 question and the duration question. -
Rules of Court (Amendment No. 2) Rules 2017
1 S 322/2017 First published in the Government Gazette, Electronic Edition, on 21 June 2017 at 5 pm. No. S 322 SUPREME COURT OF JUDICATURE ACT (CHAPTER 322) RULES OF COURT (AMENDMENT NO. 2) RULES 2017 In exercise of the powers conferred on us by section 80 of the Supreme Court of Judicature Act and all other powers enabling us under any written law, we, the Rules Committee, make the following Rules: Citation and commencement 1. These Rules are the Rules of Court (Amendment No. 2) Rules 2017 and come into operation on 1 August 2017. Amendment of Order 91 2. Order 91 of the Rules of Court (R 5) (called in these Rules the principal Rules) is amended by deleting Rule 5 and substituting the following Rule: “Powers of Registrar concerning court fees (O. 91, r. 5) 5.—(1) Subject to these Rules, the Registrar may, in any case, and on such terms and conditions as the Registrar deems fit — (a) waive or defer the payment of the whole or any part of any court fees; (b) refund the whole or any part of any court fees paid; or (c) direct that the whole or any part of any court fees be paid by any party or be apportioned among all or any of the parties. (2) Any party requesting a refund under paragraph (1)(b) must make a written request to the Registrar within one month after the date on which the reason for the refund arose.”. S 322/2017 2 Amendment of Appendix B 3. Appendix B of the principal Rules is amended — (a) by deleting paragraph (2) of item 63; and (b) by inserting, immediately after item 64, the following sub‑heading and item: Document to be No.