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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. -
Jaclyn L. Neo
Jaclyn L. Neo NAVIGATING MINORITY INCLUSION AND PERMANENT DIVISION: MINORITIES AND THE DEPOLITICIZATION OF ETHNIC DIFFERENCE* INTRODUCTION dapting the majority principle in electoral systems for the ac- commodation of political minorities is a crucial endeavour if A one desires to prevent the permanent disenfranchisement of those minorities. Such permanent exclusion undermines the maintenance and consolidation of democracy as there is a risk that this could lead to po- litical upheaval should the political minorities start to see the system as op- pressive and eventually revolt against it. These risks are particularly elevat- ed in the case of majoritarian systems, e.g. those relying on simple plurality where the winner is the candidate supported by only a relative majority, i.e. having the highest number of votes compared to other candidates1. Further- more, such a system, while formally equal, could however be considered substantively unequal since formal equality often fails to recognize the es- pecial vulnerabilities of minority groups and therefore can obscure the need to find solutions to address those vulnerabilities. Intervention in strict majoritarian systems is thus sometimes deemed necessary to preserve effective participation of minorities in political life to ensure a more robust democracy. Such intervention has been considered es- pecially important in societies characterized by cleavages such as race/ethnicity, religion, language, and culture, where there is a need to en- sure that minority groups are not permanently excluded from the political process. This could occur when their voting choices almost never produce the outcomes they desire or when, as candidates, they almost never receive the sufficient threshold of support to win elections. -
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. -
Internal Communication Clearance Form
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions REFERENCE: UA G/SO 214 (33-27) SGP 1/2012 23 April 2012 Excellency, I have the honour to address you in my capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions pursuant to General Assembly resolution 60/251 and to Human Rights Council resolution 17/5. In this connection, I would like to draw the attention of your Excellency‟s Government to the case of Mr. Yong Vui Kong, sentenced to death on drug trafficking charges. In my previous communication sent on 6 September 2011, concerning the case of Mr. Roslan Bin Bakar, also sentenced to death on drug trafficking charges in Singapore, I shared with your Excellency‟s Government my concerns and the interpretation of the applicable norms and standards under international law. While acknowledging your Excellency‟s Government‟s response dated 3 January 2012, I would like to reiterate my views and concerns regarding the mandatory imposition of the death penalty for drug trafficking offences in Singapore and the fact that such offences do not meet the threshold of “most serious crimes” as prescribed in Safeguard 1 of the Safeguards guaranteeing protection of the rights of those facing the death penalty. With respect to the case of Mr. Yong Vui Kong, the following information has been drawn to my attention: Mr. -
BTI 2014 | Singapore Country Report
BTI 2014 | Singapore Country Report Status Index 1-10 7.22 # 24 of 129 Political Transformation 1-10 5.55 # 68 of 129 Economic Transformation 1-10 8.89 # 6 of 129 Management Index 1-10 5.98 # 35 of 129 scale score rank trend This report is part of the Bertelsmann Stiftung’s Transformation Index (BTI) 2014. It covers the period from 31 January 2011 to 31 January 2013. The BTI assesses the transformation toward democracy and a market economy as well as the quality of political management in 129 countries. More on the BTI at http://www.bti-project.org. Please cite as follows: Bertelsmann Stiftung, BTI 2014 — Singapore Country Report. Gütersloh: Bertelsmann Stiftung, 2014. This work is licensed under a Creative Commons Attribution 4.0 International License. BTI 2014 | Singapore 2 Key Indicators Population M 5.3 HDI 0.895 GDP p.c. $ 61803.2 Pop. growth1 % p.a. 2.5 HDI rank of 187 18 Gini Index - Life expectancy years 81.9 UN Education Index 0.804 Poverty3 % - Urban population % 100.0 Gender inequality2 0.101 Aid per capita $ - Sources: The World Bank, World Development Indicators 2013 | UNDP, Human Development Report 2013. Footnotes: (1) Average annual growth rate. (2) Gender Inequality Index (GII). (3) Percentage of population living on less than $2 a day. Executive Summary Despite having weathered the financial crisis, the People’s Action Party (PAP) suffered its worst election results ever in the 2011 parliamentary election, receiving a comparatively low share of the popular vote (60%). The opposition, which had been emboldened and was more unified than ever, was also able to garner its highest ever share of seats. -
Micheal Anak Garing V Public Prosecutor and Another Appeal
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2017] SGCA 07 Criminal Appeal No 9 of 2015 Between MICHEAL ANAK GARING … Appellant And PUBLIC PROSECUTOR … Respondent Criminal Appeal No 11 of 2015 Between PUBLIC PROSECUTOR … Appellant And TONY ANAK IMBA … Respondent In the matter of Criminal Case No 19 of 2013 Between PUBLIC PROSECUTOR And (1) MICHEAL ANAK GARING (2) TONY ANAK IMBA JUDGMENT [Criminal Law]—[Offences]—[Murder] [Criminal Procedure and Sentencing]—[Sentencing]—[Appeals] 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. Micheal Anak Garing v Public Prosecutor and another appeal [2017] SGCA 07 Court of Appeal — Criminal Appeals Nos 9 and 11 of 2015 Chao Hick Tin JA, Andrew Phang Boon Leong JA and Judith Prakash JA 5 September 2016 27 February 2017 Judgment reserved. Chao Hick Tin JA (delivering the judgment of the court): Introduction 1 Micheal Anak Garing (“MAG”) and Tony Anak Imba (“TAI”) were both tried in the High Court under s 300(c) of the Penal Code (Cap 224, 2008 Rev Ed) for the murder of one Shanmuganathan Dillidurai (“the deceased”). They were both charged with murder committed in furtherance of a common intention, and were thus liable to be punished under s 302(2) read with s 34 of the Penal Code. 2 MAG and TAI, together with two other friends, Hairee Anak Landak (“HAL”) and Donny Anak Meluda (“DAM”) (collectively, “the Gang”), had set out from a friend’s house on the night of 29 May 2010 with a preconceived plan to commit robbery. -
Michael Green QC, Fountain Court
Finance, Property and Business Litigation in a Changing World 25-26 April 2013 Supreme Court Auditorium Organisers: Finance, Property and Business Litigation in a Changing World Plenary Session 1: Finance Litigation Chairperson Mr Alvin Yeo SC , WongPartnership LLP Speakers Ms Geraldine Andrews QC, Essex Court Chambers Mr Peter de Verneuil Smith, 3Verulam Buildings Mr Hri Kumar Nair SC, Drew & Napier LLC FINANCIAL DERIVATIVES LITIGATION Geraldine Andrews Q.C. Essex Court Chambers The 2008 financial crisis Sept-Oct 2008 – the eye of the storm • 7th Sept - Freddie Mac and Fannie Mae effectively nationalized by US Government. • 14th Sept - Merrill Lynch shotgun wedding to Bank of America amidst fears of liquidity crisis • 15th Sept - Lehman Bros filed for Chapter 11 Bankruptcy protection. Periodically thereafter various of its subsidiaries did the same, including, on 3 Oct, LBSF, the dedicated subsidiary for derivative transactions. • 17th Sept - AIG, the USA䇻s largest insurer, was bailed out by US Govt with a loan of $85bn (insufficient funds to meet its CDS insurance obligations) Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 17th Sept – Lloyds TSB takes over HBOS following a run on HBOS shares • 25th Sept – Washington Mutual sold to JP Morgan Chase for $1.9bn. • 3 Oct – US Congress approves 700bn bailout of the banks – the biggest financial rescue in US history. • 6-10 Oct - The worst week for the global stock market for 75 years. The Dow Jones index lost 22.1%, its worst week on record. Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 7 Oct - Icelandic banking system collapses • 11 Oct Highest volatility day recorded in the 112 year history of the Dow Jones Industrial Average. -
Using Newspaper Reports to Glean Insight Into Current Affairs. a Case Study : the Singapore Parliamentary and Presidential Elections
Using newspaper reports to glean insight into current affairs. A Case study : The Singapore Parliamentary and Presidential Elections. NewspaperSG • Online archives of Singapore newspapers • 1831 – 2009 • URL: newspapers.nl.sg Elections in 2011 • Parliamentary Elections : 7 May 2011 • Presidential Elections : 27 August 2011 Singapore’s politics • 10 Parliamentary Elections between 1968 – 2006 • People’s Action Party (PAP) won all seats in 1968, 1972, 1976, 1980. • Opposition won 2 seats in 1984; 1 in 1988; 4 in 1991; 2 in 1997; 2 in 2001; and 2 in 2006. • 2011 : PAP lost 6 seats and garnered only 60.14% (lowest ever) of total votes casted. Presidential Elections • 1993 : Ong Teng Cheong elected • 1999 & 2005 : S R Nathan (uncontested) • 2011 candidates: – Tan Cheng Bock, Tan Jee Say, Tan Kheng Yam & Tan Kin Lian • Singaporeans politically apathetic? • Only concern about economic well-being and material wealth? • “stifling environment” • traditional media bias towards ruling party • Internet (political sites) & new media NewspaperSG usage stats in 2011 Month Unique visitors Number of visits Pages Jan 2011 35285 65453 395319 Feb 2011 36412 64109 376205 Mar 2011 49841 90780 473786 Apr 2011 42936 76677 412861 May 2011 66527 116862 611861 Jun 2011 47421 85069 522151 Jul 2011 48929 90345 517565 Aug 2011 51222 94665 523321 Sep 2011 49802 93781 509233 Oct 2011 48486 94649 506465 Nov 2011 46601 105525 495306 Dec 2011 43821 107918 490345 Total 567283 1085833 5836418 Most viewed articles in May 2011 Most viewed articles in August 2011 Top keyword -
Internal Communication Clearance Form
HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND Mandates of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment REFERENCE: UA SGP 3/2015: 30 October 2015 Excellency, We have the honour to address you in our capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment pursuant to Human Rights Council resolutions 26/12 and 25/13. In this connection, we would like to bring to the attention of your Excellency’s Government information we have received concerning the imminent execution of Mr. Kho Jabing, a Malaysian national sentenced to death for murder by a Singaporean court. According to the information received: On 30 July 2010, Mr. Kho Jabing, a Malaysian national and a co-defendant were convicted of murder in Singapore after a 2008 robbery resulting in death. As the capital punishment was mandatory for murder until 2012, they were sentenced to death. On 24 May 2011, Mr. Jabing’s co-defendant was convicted of “robbery with hurt” while his death sentence was confirmed. In 2012, following a penal reform Singapore reviewed its mandatory capital punishment laws. The courts were allowed to impose either the death penalty or other sanctions including life imprisonment for drug trafficking and murder. On 30 April 2013, the Court of Appeal decided to re-sentence Mr. Jabing, arguing that his case meets the requirements of the definition of murder under Section 300(c) of the Penal Code, stating that when there is no intention to cause death judges have the option to impose either the death penalty or life imprisonment or caning. -
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. -
1—Singapore Communitarianism and the Case for Conserving 377A
Singapore Journal of Legal Studies [2008] 347–394 “DON’T EVER TAKE A FENCE DOWN UNTIL YOU KNOW THE REASON IT WAS PUT UP”1—SINGAPORE COMMUNITARIANISM AND THE CASE FOR CONSERVING 377A Yvonne C. L. Lee∗ A rare parliamentary petition which sought the repeal of section 377A of the Penal Code that criminalises acts of gross indecency between male adults, was presented and debated in Parliament in October 2007. This article critically examines the constitutional law dimension and issues in relation to the 377A debate in Singapore. It highlights the primary jurisprudential thrust of the competing arguments and assumptions. It advances and defends the communitarian case for preserving 377A which the author argues is both normatively desirable and empirically reflective of existing Singapore law and policy. With particular regard to the Singapore context, it reflects on how democratic societies should address questions of law and profound moral disagreement, the importance of civil debate, and whether the legislative or judicial forum is most appropriate for making decisions on morally controversial questions. I. 377A: The Hart-Devlin Debate Redux For only the second time in Singapore history,2 a petition was presented to Parliament on 22 October 2007, by a nominated Member of Parliament (‘MP’)3 calling for the repeal of section 377A of the Penal Code4 (‘377A’). This prohibits all acts of gross indecency, such as homosexual sodomy, in public or private, between two adult ∗ LL.M. (Michigan), LL.B. (NUS); Attorney & Counsellor (New York State), Advocate & Solicitor (Singapore); Assistant Professor, Faculty of Law, National University of Singapore. I thank several colleagues for our lively exchanges on this issue. -
Koh Keow Neo and Others V Chee Johnny and Others
Koh Keow Neo and Others v Chee Johnny and Others [2004] SGHC 94 Case Number : Suit 715/2002 Decision Date : 06 May 2004 Tribunal/Court : High Court Coram : Lai Siu Chiu J Counsel Name(s) : Edwin Tay and Peter Ezekiel (Edwin Tay and Co) for first to eighth, and 11th to 79th plaintiffs; Alvin Yeo SC, Chou Sean Yu and Vanessa Lim (Wong Partnership) for first to fifth defendants; Harry Elias SC, Michael Palmer, Howard Chen and Lynette Chew (Harry Elias Partnership) for sixth and eighth to tenth defendants Parties : Koh Keow Neo — Chee Johnny Contract – Intention to create legal relations – Whether informal updates sent to flat owners reflected intention to enter into legal relationship Contract – Misrepresentation act – Negligent misrepresentation – Whether actionable misrepresentation made out – Section 2 Misrepresentation Act (Cap 390, 1994 Rev Ed) Equity – Fiduciary relationships – Duties – Ambit of duty owed to principal by gratuitous agent Tort – Negligence – Duty of care – Whether relationship of sufficient proximity established between gratuitous agent and principal 6 May 2004 Judgment reserved. Lai Siu Chiu J: 1 This suit revolves around a privatisation exercise, which went wrong, of Bedok Reservoir HUDC Estate (“the Estate”). The estate was privatised on 1 February 2000 and is now known as Waterfront View Condominium The background 2 The Estate comprises of 583 flats in 13 blocks built by the Housing and Development Board (“HDB”), as a phase Ш HUDC estate in the 1980s. The abbreviation “HUDC” stands for Housing & Urban Development Corporation Pte Ltd. HUDC estates were built in the 1970s to cater to the housing needs of a “sandwich” class of Singaporeans, whose income overqualified them for ownership of HDB flats but was insufficient to enable them to purchase private housing.