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The War on Terrorism and the Internal Security Act of Singapore
Damien Cheong ____________________________________________________________ Selling Security: The War on Terrorism and the Internal Security Act of Singapore DAMIEN CHEONG Abstract The Internal Security Act (ISA) of Singapore has been transformed from a se- curity law into an effective political instrument of the Singapore government. Although the government's use of the ISA for political purposes elicited negative reactions from the public, it was not prepared to abolish, or make amendments to the Act. In the wake of September 11 and the international campaign against terrorism, the opportunity to (re)legitimize the government's use of the ISA emerged. This paper argues that despite the ISA's seeming importance in the fight against terrorism, the absence of explicit definitions of national security threats, either in the Act itself, or in accompanying legislation, renders the ISA susceptible to political misuse. Keywords: Internal Security Act, War on Terrorism. People's Action Party, Jemaah Islamiyah. Introduction In 2001/2002, the Singapore government arrested and detained several Jemaah Islamiyah (JI) operatives under the Internal Security Act (ISA) for engaging in terrorist activities. It was alleged that the detained operatives were planning to attack local and foreign targets in Singa- pore. The arrests outraged human rights groups, as the operation was reminiscent of the government's crackdown on several alleged Marxist conspirators in1987. Human rights advocates were concerned that the current detainees would be dissuaded from seeking legal counsel and subjected to ill treatment during their period of incarceration (Tang 1989: 4-7; Frank et al. 1991: 5-99). Despite these protests, many Singaporeans expressed their strong support for the government's actions. -
Bench & Bar Games 2007
South China Sea MALAYSIA SINGAPORE MALAYSIA | SINGAPORE Bench & Bar Games 2007 28 - 30 April 2007 Java Sea OFFICES SINGAPORE 80 RAFFLES PLACE #33-00 UOB PLAZA 1 SINGAPORE 048624 TEL: +65 6225 2626 FAX: +65 6225 1838 SHANGHAI UNIT 23-09 OCEAN TOWERS NO. 550 YAN AN EAST ROAD SHANGHAI 200001, CHINA TEL: +86 (21) 6322 9191 FAX: +86 (21) 6322 4550 EMAIL [email protected] CONTACT PERSON HELEN YEO, MANAGING PARTNER YEAR ESTABLISHED 1861 NUMBER OF LAWYERS 95 KEY PRACTICE AREAS CORPORATE FINANCE INTELLECTUAL PROPERTY & TECHNOLOGY LITIGATION & ARBITRATION REAL ESTATE LANGUAGES SPOKEN ENGLISH, MANDARIN, MALAY, TAMIL www.rodyk.com 1 Contents Message from The Honourable The Chief 2 10 Council Members of Bar Council Malaysia Justice, Singapore 2007/2008 Message from The Honourable Chief 3 15 Sports Committee - Singapore and Malaysia Justice, Malaysia Message from the President of The Law 4 16 Teams Society of Singapore Message from the President of Bar Council 5 Malaysia 22 Results of Past Games 1969 to 2006 Message from Chairman, Sports 6 Sports Suit No. 1 of 1969 Committee, The Law Society of Singapore 23 Message from Chairman, Sports 7 Acknowledgements Committee, Bar Council Malaysia 24 9 The Council of The Law Society of Singapore 2007 Malaysia | Singapore Bench & Bar Games 2007 022 Message from The Honourable The Chief Justice, Singapore The time of the year has arrived once again for the Malaysia/Singapore Bench & Bar Games. Last year we enjoyed the warm hospitality of our Malaysian hosts on the magical island of Langkawi and this year, we will do all that we can to reciprocate. -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law. -
The Decline of Oral Advocacy Opportunities: Concerns and Implications
Published on 6 September 2018 THE DECLINE OF ORAL ADVOCACY OPPORTUNITIES: CONCERNS AND IMPLICATIONS [2018] SAL Prac 1 Singapore has produced a steady stream of illustrious and highly accomplished advocates over the decades. Without a doubt, these advocates have lifted and contributed to the prominence and reputation of the profession’s ability to deliver dispute resolution services of the highest quality. However, the conditions in which these advocates acquired, practised and honed their advocacy craft are very different from those present today. One trend stands out, in particular: the decline of oral advocacy opportunities across the profession as a whole. This is no trifling matter. The profession has a moral duty, if not a commercial imperative, to apply itself to addressing this phenomenon. Nicholas POON* LLB (Singapore Management University); Director, Breakpoint LLC; Advocate and Solicitor, Supreme Court of Singapore. I. Introduction 1 Effective oral advocacy is the bedrock of dispute resolution.1 It is also indisputable that effective oral advocacy is the product of training and experience. An effective advocate is forged in the charged atmosphere of courtrooms and arbitration chambers. An effective oral advocate does not become one by dint of age. 2 There is a common perception that sustained opportunities for oral advocacy in Singapore, especially for junior lawyers, are on the decline. This commentary suggests * This commentary reflects the author’s personal opinion. The author would like to thank the editors of the SAL Practitioner, as well as Thio Shen Yi SC and Paul Tan for reading through earlier drafts and offering their thoughtful insights. 1 Throughout this piece, any reference to “litigation” is a reference to contentious dispute resolution practice, including but not limited to court and arbitration proceedings, unless otherwise stated. -
Giving Report 2010/2011 Report Giving
Medicine Engineering Public Policy Music Business Law Arts and Social Sciences National University Singapore of GIVING REPORT 2010/2011 GIVING REPORT DEVELOPMENT OFFICE National University of Singapore Shaw Foundation Alumni House 2010/2011 #03-01, 11 Kent Ridge Drive Singapore 119244 t: +65 6516 8000 / 1-800-DEVELOP f: +65 6775 9161 e: [email protected] www.giving.nus.edu.sg PRESIDENT’S STATEMENT Dear alumni and friends, Your support this past year has provided countless opportunities for the National Science University of Singapore (NUS), particularly From music to for the students who are at the heart of our University. For example, approximately medicine, your 1,700 students received bursaries. Around 1,400 of these were partially supported by gift today makes the Annual Giving campaign and about 300 are Named Bursaries. Thank you for Computing a difference to a making this possible. student’s tomorrow Our future is very exciting. NUS University Town will open its doors in the coming months and the Yale-NUS College will follow a few years later. These new President’s Statement........................................... 01 initiatives will allow NUS to continue pursuing its goal of offering students, Thank You For Your Contribution.................... 02 from the entire NUS campus, a broader Education { 02 } education that will challenge them and Research { 06 } position them well for the future. Service { 10 } Design and Environment Through these and other innovations, Annual Giving – NUS is also breaking new ground in Making A Difference Together......................... 14 higher education, both in Singapore and the region. The NUS experience will Strength In Numbers............................................ -
Class Timetable for Lecture/Seminar
ACADEMIC YEAR 2019/2020 - SEMESTER 2 (1920) Page 1: Semester 2 AY19-20 Timetable_(ver 9 January 2020) Version 9 January 2020 MONDAY 9:00 9:30 10:00 10:30 11:00 11:30 12:00 12:30 13:00 13:30 14:00 14:30 15:00 15:30 16:00 16:30 17:00 17:30 18:00 18:30 19:00 19:30 20:00 20:30 21:00 LC1016 LARC LECTURE LC1003 LAW OF CONTRACT LECTURE {Yale 2} LC1016 LARC TUTORIAL {Yale 2} LC1016 LARC TUTORIAL LC1016 LARC TUTORIAL LC1016 LARC TUTORIAL BURTON ONG, DORA NEO, SANDRA BOOYSEN, KELRY LOI, {Yale 2} ELEANOR WONG, LIM LEI TAN ZHONG XING, ALLEN SNG, MINDY CHEN-WISHART Weekly THENG, SONITA JEYAPATHY, RUBY LEE YEAR 1 CORE 1 YEAR LC1016 LARC TUTORIAL LC2007 CONSTITUTIONAL & ADMIN LAW LECTURE {Yale LC2006A, B & C EQUITY & TRUSTS SECTIONS ((A) B) & (C) {Yale 4} 3} LC2006D, E & F EQUITY & TRUSTS SECTIONS (D), (E) & (F) RACHEL LEOW (A); KELRY LOI (B); TAN YOCK LIN (C) THIO LI-ANN, SWATI JHAVERI, KEVIN TAN, DIAN SHAH, RACHEL LEOW (D); TAN YOCK LIN (E); TAN WEI MENG (F) CORE YEAR 2 Weekly JACLYN NEO, MARCUS TEO LC6378 Doctoral Workshop DAMIAN CHALMERS D CORE Weekly G LL4044V/LL5044V/LL6044V MEDIATION LL4019V/LL5019/ LL6019V CREDIT & SECURITY LL4063V/LL5063V/LL6063V BUSINESS & FINANCE FOR LAWYERS LL4371/LL5371/LL6371 CHARITY LAW TODAY INTENSIVE [WEEK 1-3] JOEL LEE, MARCUS LIM DORA NEO STEPHEN PHUA/JAMES LEONG MATTHEW HARDING LL4372/LL5372/LL6372 INTERNATIONAL INTELLECTUAL PROPERTY LAW INTENSIVE LL4402/LL5402/LL6402 CORPORATE INSOLVENCY LL4024V/LL5024V/LL6024V INDONESIAN LAW LL4205V/LL5205V/LL6205V/LLD5205V MARITIME CONFLICT OF LAWS [WEEK 1-3] WEE MENG SENG GARY -
Competing Narratives and Discourses of the Rule of Law in Singapore
Singapore Journal of Legal Studies [2012] 298–330 SHALL THE TWAIN NEVER MEET? COMPETING NARRATIVES AND DISCOURSES OF THE RULE OF LAW IN SINGAPORE Jack Tsen-Ta Lee∗ This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the legal implications of this fact, and how useful the doctrine is in fostering greater solicitude for human rights. Singapore is lauded for having a legal system that is, on the whole, regarded as one of the best in the world,1 and yet the Government is often vilified for breaching human rights and the rule of law. This is not a paradox—the nation ranks highly in surveys examining the effectiveness of its legal system in the context of economic compet- itiveness, but tends to score less well when it comes to protection of fundamental ∗ Assistant Professor of Law, School of Law, Singapore Management University. I wish to thank Sui Yi Siong for his able research assistance. 1 See e.g., Lydia Lim, “S’pore Submits Human Rights Report to UN” The Straits Times (26 February 2011): On economic, social and cultural rights, the report [by the Government for Singapore’s Universal Periodic Review] lays out Singapore’s approach and achievements, and cites glowing reviews by leading global bodies. -
Market Surveillance & Compliance Panel Annual
MARKET SURVEILLANCE & COMPLIANCE PANEL ANNUAL REPORT 2017 IN MEMORIAM JOSEPH GRIMBERG SC It is with great sadness that we mark of the Middle Temple. Joe retained the approached to represent the Presidency. He the passing of Mr Joseph Grimberg on graciousness and bearing of the best accepted the brief with reluctance, claiming 17 August 2017. English barristers all his life. He spoke with that he had lost his nerve. His performance a refined and cultured English accent – a in court belied his modesty; those who had Mr Joe Grimberg was the first Chairman of natural one, not an artificial snobby stage the privilege of watching him in action can the Market Surveillance and Compliance accent put on to impress others. He was testify to the elegant eloquence with which Panel (MSCP). He took office on also a keen sportsman who played rugby he presented the case for the Presidency. 1 January 2003, right at the beginning when and cricket for the Singapore Cricket the Singapore wholesale electricity market Club, a reflection perhaps of his anglophile Joe was undoubtedly one of the very best was inaugurated. He served for five years character. advocates to grace our courts. His leading until 31 December 2007, at a time when the role in the legal profession was recognised fledgling market was just taking off. The role In 1956, Joe returned to Singapore where when he was appointed Senior Counsel in of the Chairman was crucial in those days he joined the firm in which he spent the bulk 1997, one of the first batch of local ‘silks’. -
Ho Yean Theng Jill V Public Prosecutor [2003]
Ho Yean Theng Jill v Public Prosecutor [2003] SGHC 280 Case Number : MA 70/2003, Cr M 15/2003 Decision Date : 14 November 2003 Tribunal/Court : High Court Coram : Yong Pung How CJ Counsel Name(s) : K S Rajah SC (Harry Elias Partnership) and Peter Ong Lip Cheng (Ong Lip Cheng and Rajendran) for applicant/appellant; Christopher Ong Siu Jin (Deputy Public Prosecutor) for respondent Parties : Ho Yean Theng Jill — Public Prosecutor Criminal Procedure and Sentencing – Charge – Joinder of similar offences – Whether series of connected acts should be tried as separate offences or one composite offence – Section 170 Criminal Procedure Code (Cap 68, 1985 Rev Ed) – Section 71 Penal Code (Cap 224, 1985 Rev Ed) Criminal Procedure and Sentencing – Compounding of offences – Maid abuse by de facto employer – Whether court should grant consent for compounding of offence – Section 199 Criminal Procedure Code (Cap 68, 1985 Rev Ed) Criminal Procedure and Sentencing – Sentencing – Principles – Voluntarily causing hurt – Maid abuse by de facto employer – Whether sentence manifestly excessive – Section 323 Penal Code (Cap 24, 1985 Rev Ed) 1 The appellant was convicted in the Magistrate’s Court on five charges of voluntarily causing hurt under s 323 of the Penal Code and was sentenced to a total of four months’ imprisonment. She appealed against both conviction and sentence. After hearing counsel’s arguments, I dismissed the appeal against both conviction and sentence. I now give my reasons. Preliminary issue 2 In the petition of appeal filed on 21 April 2003, the appellant essentially challenged the magistrate’s findings of fact. Thereafter, the appellant filed a criminal motion for leave to file a supplementary petition of appeal on 10 September 2003. -
SEMESTER 2 Page 1: Semester 2 AY1617 Timetable Version 2 November 2016
ACADEMIC YEAR 2016/2017 - SEMESTER 2 Page 1: Semester 2 AY1617 Timetable Version 2 November 2016 MONDAY 9:00 9:30 10:00 10:30 11:00 11:30 12:00 12:30 13:00 13:30 14:00 14:30 15:00 15:30 16:00 16:30 17:00 17:30 18:00 18:30 19:00 19:30 20:00 20:30 21:00 LC1016 LARC LECTURE {Yale 1} LC2009 PRO BONO SERVICE {Yale 1} LC1016 LARC TUTORIAL ELEANOR WONG, LIM LEI LC1016 LARC TUTORIAL LC1016 LARC TUTORIAL LC1016 LARC TUTORIAL THENG, SONITA JEYAPATHY, Workshop begins in Semester 2 {Yale 1} Weekly RUBY LEE YEAR 1CORE LC2007 CONSTITUTIONAL & ADMIN LAW LECTURE {Yale 2} LC2006A EQUITY & TRUSTS (A) SEMINAR THIO LI-ANN, SWATI JHAVERI, LYNETTE CHUA, KEVIN TAN, TAN YOCK LIN TAN HSIEN-LI TERESA LC2006 B EQUITY & TRUSTS (B) LECTURE {Yale 3} Weekly NICOLE ROUGHAN, BARRY CROWN YEAR 2CORE LC2006C EQUITY & TRUSTS (C) SEMINAR JAMES PENNER LC3001B EVIDENCE (B) LECTURE {Yale 3} UPPER HO HOCK LAI, CHIN TET YUNG, JEFFREY PINSLER, KENNETH KHOO Weekly YR CORE LC5405A LAW OF INTELLECTUAL PROPERTY (A) NG-LOY WEE LOON Weekly GD CORE GD LL4054V/LL5054V/LL6054V/LLD5054V LL4407/LL5407/LL6407 LAW OF INSURANCE LL4219/LL5219/LL6219 THE TRIAL OF JESUS IN WESTERN LEGAL THOUGHT DOMESTIC & INTERNATIONAL SALE OF GOODS YEO HWEE YING LL4405A/LL5405A/LC5405A/LL6405A LAW OF INTELLECTUAL PROPERTY A INTENSIVE [WEEK 1; 9 Jan 2017] JOSEPH WEILER NG-LOY WEE LOON MICHAEL BRIDGE LL4074V/LL5074V/LL6074V MERGERS & ACQUISITIONS (M&A) LL4195V/LL5195V/LL6195V INT'L ECONOMIC LAW & RELATIONS LL4300/LL5300/LL6300 COPYRIGHT IN THE INTERNET AGE UMAKANTH VAROTTIL WANG JIANGYU LL4071V/LL5071V/LL6071V GLOBAL -
Lord Phillips in Singapore SAL Annual Lecture 2006
MICA (P) No. 076/05/2006 September — October 2006 interSINGAPOREinterSINGAPORE ACADEMYACADEMY seseOFOF LAWLAW SALSAL AnnualAnnual LectureLecture 2006:2006: LordLord PhillipsPhillips inin SingaporeSingapore ChiefChief JusticeJustice ChanChan VisitsVisits thethe MalaysianMalaysian CourtsCourts InIn Summary:Summary: SAL’sSAL’s StrategicStrategic PlanningPlanning RetreatRetreat BDFQMQDPNIBTUIFTPMVUJPOUPZPVSBSDIJWJOHOFFET8JUI PVSTVQFSJPSTDBOUPGJMFTFSWJDFT ZPVOFWFSIBWFUPXPSSZ BCPVUVOXBOUFEQBQFSCVMLBHBJO 4FSWJDFTJODMVEF "UP"TJ[FQBQFSTDBO )JHI3FTPMVUJPOTDBOOJOH 4BWFUP1%'GPSNBU EJHJUBMmMFBSDIJWJOHIBTOFWFSCFFONBEFFBTJFS Powered by g Image Logic® GPSNPSFJOGPSNBUJPO WJTJUXXXBDFQMQDPNTH www.oce.com.sg [email protected] BDFQMQDPN1UF-UE FQSJOUJOHTDBOOJOHIVC 5FMFORVJSZ!BDFQMQDPNTH INTER ALIA The tragic events of 9/11 starkly remind us that the world now lives in a much more uncertain time. With this in mind, the legal profession in Singapore gathered this year, on 29 August 2006, for the 13th Singapore Academy of Law Annual Lecture delivered by The Right Honourable The Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales. The lecture titled “Terrorism and Human Rights” highlighted the struggles facing the United Kingdom in balancing the right of a sovereign state to protect those within its territory from acts of terror, with the right of every individual to free access to and due process of the law – regardless of which side of the law an individual happens to fall. Lord Phillips illustrated, through detailed references to UK legislation and case law, how the UK courts have mediated between the Government’s responses to threats to national security and the need for such responses to be sensitive to the regime of human rights law applicable in the UK. In this issue of Inter Se, we feature highlights from Lord Phillips’s timely and thoughtful lecture together with excerpts from an interview with Lord Phillips on other changes taking place in the UK legal sphere. -
Law Minister K Shanmugam SC ’84 a Word from the Editor CONTENTS
VOL. 07 ISSUE 02 JUL - DEC 2008 ISSN: 0219-6441 LawLinkThe Alumni Magazine of the National University of Singapore Faculty of Law Interview with Lord Leonard Hoffmann Obligations IV Conference 5th ASLI Conference Commencement 2008 Cover Story Law Minister K Shanmugam SC ’84 A word from the Editor CONTENTS Going “Glocal” Dean’s Message 1 - From Local Roots to Global Growth Retirement of the Chief Justice of the ome key appointments in the Singapore Legal Sector were made this year. Mr Federal Court of Malaysia 2 K. Shanmugam SC ’84, previously in legal practice and a longtime Member of SParliament, was propelled to his new appointment as the Minister for Law on 1 May. Professor Walter Woon ’81, previously the Solicitor-General, etched up a notch to Law School Highlights: his appointment as the Attorney-General on 11 April. Mrs Koh Juat Jong ’88, previously Donors’ List 2 the Registrar of the Supreme Court, was appointed as the new Solicitor-General also on 11 April. Together with the Chief Justice Chan Sek Keong ’61, the top posts are New Advisory Board Member 2 now filled with our home-grown NUS Law School alumni. This is something to be 5th Professorial Lecture proud of. by Professor Leong Wai Kum 3 We are featuring Minister Shanmugam in our cover story. He was gracious enough, 5th ASLI Conference 4 due to his longstanding association with the Faculty as an Advisory Board member, to Obligations IV Conference 5 squeeze in the time to chat with us, whilst addressing the issues of the day, such as the step-by-step implementation of the Report of the Committee to Develop the Singapore Alumni Reunion in Shanghai 8 Legal Sector (the VK Rajah Report).