WITNESS PREPARATION BEFORE TRIAL What the Rules of Ethics Do Not Say
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OPENING of the LEGAL YEAR 2021 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2021 Speech by Attorney-General, Mr Lucien Wong, S.C. 11 January 2021 May it please Your Honours, Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges and Judicial Commissioners, Introduction 1. The past year has been an extremely trying one for the country, and no less for my Chambers. It has been a real test of our fortitude, our commitment to defend and advance Singapore’s interests, and our ability to adapt to unforeseen difficulties brought about by the COVID-19 virus. I am very proud of the good work my Chambers has done over the past year, which I will share with you in the course of my speech. I also acknowledge that the past year has shown that we have some room to grow and improve. I will outline the measures we have undertaken as an institution to address issues which we faced and ensure that we meet the highest standards of excellence, fairness and integrity in the years to come. 2. My speech this morning is in three parts. First, I will talk about the critical legal support which we provided to the Government throughout the COVID-19 crisis. Second, I will discuss some initiatives we have embarked on to future-proof the organisation and to deal with the challenges which we faced this past year, including digitalisation and workforce changes. Finally, I will share my reflections about the role we play in the criminal justice system and what I consider to be our grave and solemn duty as prosecutors. -
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. -
Tan Eng Hong V Attorney-General
Tan Eng Hong v Attorney-General [2013] SGHC 199 Case Number : Originating Summons No 994 of 2010 Decision Date : 02 October 2013 Tribunal/Court : High Court Coram : Quentin Loh J Counsel Name(s) : M Ravi (L F Violet Netto) for the plaintiff; Aedit Abdullah SC, Jeremy Yeo Shenglong and Sherlyn Neo Xiulin (Attorney-General's Chambers) for the defendant. Parties : Tan Eng Hong — Attorney-General Constitutional law – Equal protection of the law – Equality before the law Constitutional law – Fundamental liberties – Right to life and personal liberty Constitutional law – Constitution – Interpretation 2 October 2013 Judgment reserved. Quentin Loh J: Introduction 1 In these proceedings, Originating Summons No 994 of 2010 (“OS 994”), the plaintiff, Tan Eng Hong (“the Plaintiff”), seeks to challenge the constitutionality of s 377A of the Penal Code (Cap 224, 2008 Rev Ed) (“the Penal Code”) on the grounds that it infringes his rights to: (a) life and personal liberty; and (b) equality before the law and equal protection of the law under Arts 9(1) and 12(1) of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) (“the Constitution”) respectively. These Articles will hereafter be referred to as “Art 9(1)” and “Art 12(1)” for short. 2 There are two earlier decisions which have a bearing on this case. The first, Tan Eng Hong v Attorney-General [2012] 4 SLR 476 (“Tan Eng Hong (Standing)”), is the Court of Appeal’s decision on a striking-out application earlier in the lifespan of these proceedings. The second, Lim Meng Suang and another v Attorney-General [2013] 3 SLR 118 (“Lim Meng Suang”), is my decision in another application concerning the constitutionality of s 377A where I held that s 377A was not inconsistent with Art 12(1). -
SGCA 50 Civil Appeal No 185 of 2019 and Summons No 51 of 2020 Between Alphire Group Pte
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 50 Civil Appeal No 185 of 2019 and Summons No 51 of 2020 Between Alphire Group Pte Ltd … Applicant / Appellant And Law Chau Loon … Respondent In the matter of HC/Originating Summons No 730 of 2019 In the matter of Order 45, Rule 11 of the Rules of Court (Cap 322, Rule 5) Between Law Chau Loon … Applicant And Alphire Group Pte Ltd … Respondent EX TEMPORE JUDGMENT [Agency] — [Implied authority of agent] — [Settlement agreement] [Contract] — [Formation] — [Identifiable agreement that is complete and certain] ii 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. Alphire Group Pte Ltd v Law Chau Loon and another matter [2020] SGCA 50 Court of Appeal — Civil Appeal No 185 of 2019 and Summons No 51 of 2020 Andrew Phang Boon Leong JA, Woo Bih Li J and Quentin Loh J 19 May 2020 19 May 2020 Andrew Phang Boon Leong JA (delivering the judgment of the court ex tempore): 1 We first deal with the appellant’s application in Summons No 51 of 2020 (“SUM 51”) to strike out paras 19(a), 19(b), 20 and 21 of the respondent’s case, as well as certain documents exhibited under S/N 2 of the respondent’s supplementary core bundle, which consist of exhibits of the respondent’s affidavit of evidence-in-chief in Suit No 822 of 2015 (“Suit 822”). -
Official Publication of the Law Society of Singapore | August 2016
Official Publication of The Law Society of Singapore | August 2016 Thio Shen Yi, Senior Counsel President The Law Society of Singapore A RoadMAP for Your Journey The 2016 Mass Call to the Bar will be held this month on 26 Modern psychology tells us employees are not motivated and 27 August over three sessions in the Supreme Court. by their compensation – that’s just a hygiene factor. Pay Over 520 practice trainees will be admitted to the roll of mustn’t be an issue in that it must be fair, and if there is a Advocates & Solicitors. differential with their peers, then ceteris paribus, it cannot be too significant. Along with the Chief Justice, the President of the Law Society has the opportunity to address the new cohort. I Instead, enduring motivation is thought to be driven by three had the privilege of being able to do so last year in 2015, elements, mastery, autonomy, and purpose. There’s some and will enjoy that same privilege this year. truth in this, even more so in the practice of law, where we are first and foremost, members of an honourable The occasion of speaking to new young lawyers always profession. gives me pause for thought. What can I say that will genuinely add value to their professional lives? Making Mastery: The challenge and opportunity to acquire true motherhood statements is as easy as it is pointless. They expertise. There is a real satisfaction in being, and becoming, are soon forgotten, even ignored, assuming that they are really good at something. Leading a cross-border deal heard in the first place. -
2020-Sghc-255-Pdf.Pdf
IN THE COURT OF THREE JUDGES OF THE REPUBLIC OF SINGAPORE [2020] SGHC 255 Court of Three Judges/Originating Summons No 2 of 2020 In the matter of Sections 94(1) and 98(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) And In the matter of Lee Suet Fern (Lim Suet Fern), an Advocate and Solicitor of the Supreme Court of the Republic of Singapore Between Law Society of Singapore … Applicant And Lee Suet Fern (Lim Suet Fern) … Respondent JUDGMENT [Legal Profession] [Solicitor-client relationship] [Legal Profession] [Professional conduct] — [Breach] 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. Law Society of Singapore v Lee Suet Fern (alias Lim Suet Fern) [2020] SGHC 255 Court of Three Judges — Originating Summons No 2 of 2020 Sundaresh Menon CJ, Judith Prakash JA and Woo Bih Li J 13 August 2020 20 November 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 This is an application by the Law Society of Singapore (“the Law Society”) for an order pursuant to s 98(1)(a) of the Legal Profession Act (Cap 161, 2009 Rev Ed) (“the LPA”) that the respondent, Mrs Lee Suet Fern (alias Lim Suet Fern) (“the Respondent”), be subject to the sanctions provided for under s 83(1) of that Act. At the time of the proceedings before the disciplinary tribunal (“the DT”), the Respondent was an advocate and solicitor of the Supreme Court of Singapore of 37 years’ standing and practised as a director of Morgan Lewis Stamford LLC, a law corporation. -
[2018] SGHC 112 Originating Summons No 272 of 2015 in The
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE [2018] SGHC 112 Originating Summons No 272 of 2015 In the matter of Section 18 of the Supreme Court of Judicature Act (Cap 322) And In the matter of Section 33B of the Misuse of Drugs Act (Cap 185) And In the matter of Order 53, Rule 1 of the Rules of Court (Cap 322, R 5) And In the matter of Articles 9(1) and 12(1) of the Constitution of the Republic of Singapore And In the matter of Criminal Case No 23 of 2010 between the Public Prosecutor and Nagaenthran a/l K Dharmalingam Between NAGAENTHRAN A/L K DHARMALINGAM … Applicant And ATTORNEY-GENERAL … Respondent JUDGMENT [Administrative Law] — [Judicial review] — [Ambit] — [Ouster of review jurisdiction] — [Section 33B(4) Misuse of Drugs Act (Cap 185, 2008 Rev Ed)] [Administrative Law] — [Judicial review] — [Application for leave to commence judicial review proceedings] — [Public Prosecutor’s discretion to certify that person had substantively assisted Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore] [Constitutional Law] — [Judicial power] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND ..............................................................................................4 FACTS RELATING TO THE OFFENCE ..................................................................4 PROCEDURAL HISTORY....................................................................................5 THE PARTIES’ SUBMISSIONS .................................................................13 -
JUDICIAL EDUCATION and TRAINING Journal of the International Organization for Judicial Training
and Training Issue 4 2015 JUDICIAL EDUCATION AND TRAINING Journal of the International Organization for Judicial Training MISSION The journal Judicial Education and Training publishes topical articles on the education and training of judges and justice sector professionals around the world. This journal aims to stimulate a community of learning in judicial education by showcasing selected papers presented to the biennial conferences of the International Organization for Judicial Training (IOJT). Additionally, it solicits original research, practical experience, and critical analysis on issues and trends in judicial education. It also provides a medium for informed discussion, the exchange of professional experience, and the development of knowledge in judicial education for a global readership. Contributions are invited from chief justices and senior judges, judicial educators and academic researchers with an interest in this field. Earlier issues of this online journal may be found at: http://www.iojt.org/journal/page~journal.html. JUDICIAL EDUCATION AND TRAINING Journal of the International Organization for Judicial Training 2015 JUDICIAL EDUCATION AND TRAINING Journal of the International Organization for Judicial Training Editor-in-Chief Prof. Amnon Carmi Editor Dr. Livingston Armytage Associate Editors Amy McDowell, Charles Campbell Editorial Board Judge Nikolay Angelov, Bulgaria; Dr. Livingston Armytage, Australia; Prof. Amnon Carmi, Israel; Judge (Ret.) Tony Cotter, USA; Judge Stephanie Domitrovich, USA; Judge Ives Gandra, Brazil; -
Supreme Court of Singapore
SUPREME COURT OF SINGAPORE 2012ANNUAL REPORT VISION To establish and maintain a world-class Judiciary. MISSION To superintend the administration of justice. VALUES Integrity and Independence Public trust and confidence in the Supreme Court rests on its integrity and the transparency of its processes. The public must be assured that court decisions are fair and independent, court staff are incorruptible, and court records are accurate. Quality Public Service As a public institution dedicated to the administration of justice, the Supreme Court seeks to tailor its processes to meet the needs of court users, with an emphasis on accessibility, quality and the timely delivery of services. Learning and Innovation The Supreme Court recognises that to be a world-class Judiciary, we need to continually improve ourselves and our processes. We therefore encourage learning and innovation to take the Supreme Court to the highest levels of performance. Ownership We value the contributions of our staff, who are committed and proud to be part of the Supreme Court. SUPREME COURT ANNUAL REPORT 2012 01 Contents 02 46 MESSAGE FROM THE CHIEF JUSTICE STRATEGIC MANAGEMENT • Launch of eLitigation 14 • Launch of the Centralised Display CONSTITUTION AND JURISDICTION Management System (CDMS) • Supreme Court Staff Workplan 18 Seminar SIGNIFICANT EVENTS • Legal Colloquium • Opening of the Legal Year • Organisational Accolades • 2nd Joint Judicial Conference • Mass Call 52 • Launch of The Learning Court TIMELINESS OF JUSTICE • Legal Assistance Scheme for • Workload -
Lim Meng Suang V Attorney-General [2015] 1 SLR 26 (CA); [2013] 3 SLR 118 (HC) Tan Eng Hong V Attorney-General [2013] 4 SLR 1059 (HC); [2012] 4 SLR 476 (CA)
Published on e-First 16 March 2016 320 Singapore Academy of Law Journal (2016) 28 SAcLJ Case Note NEW APPROACHES TO THE CONSTITUTIONAL GUARANTEE OF EQUALITY BEFORE THE LAW Lim Meng Suang v Attorney-General [2015] 1 SLR 26 (CA); [2013] 3 SLR 118 (HC) Tan Eng Hong v Attorney-General [2013] 4 SLR 1059 (HC); [2012] 4 SLR 476 (CA) In a recent series of challenges to s 377A of the Penal Code (Cap 224, 2008 Rev Ed), the courts have developed the jurisprudence on review of legislation under Art 12(1) of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) (“the Constitution”). Both the High Court and the Court of Appeal set a very high (but not insurmountable) threshold, but each did so in a different manner due to differing conceptions of equality. A critical examination of both approaches shows that the courts’ conclusions are ultimately defensible more as a means of disposing of the instant case than as a watertight doctrinal foundation for Art 12(1) adjudication. The judgments also bring up other miscellaneous areas for further development. Benjamin Joshua ONG BA Jurisprudence (Oxon), BCL (Oxon). I. Introduction 1 Section 377A of the Penal Code1 criminalises male-male acts of “gross indecency”. Against the backdrop of political debate in public fora and in Parliament regarding whether or not s 377A should be repealed, two attempts were made to have the courts declare it unconstitutional for breach of the principle of equality before the law in Art 12 of the Constitution of the Republic of Singapore2 (“the Constitution”). -
Praxis SE-0707.Indd
CONTENTS 26 EDITOR’S NOTE PRESIDENT'S MESSAGE PRESS RELEASES FROM THE BAR FEATURES/ARTICLES 23 Opening of the Legal Year 2015 26 The Offi ce of the President of the Malaysian Bar 36 Interview with Christopher Leong, 30th President of the Malaysian Bar 42 Citation for Dr Radhakrishna Ramani, Recipient of the Malaysian Bar Lifetime Achievement Award 2015 45 Dr Radhakrishna Ramani: A Lifetime of Achievement EVENTS 55 69th Annual General Meeting of the Malaysian Bar, Renaissance Kuala Lumpur Hotel (14 Mar 2015) 58 Malaysian Bar Annual Dinner and Dance 2015 (14 Mar 2015) 36 60 LEXPO Rocks Dataran Undergrnd (28 Feb 2015) 63 46th Malaysia/Singapore Bench and Bar Games 2015, Singapore (30 Apr to 2 May 2015) LIFESTYLE 64 Netting the Ball CASE NOTES — HIGHLIGHTS FROM THE FEDERAL COURT STATE BAR NEWS ELEVATION OF JUDGES NEWS 45 CONTINUING PROFESSIONAL DEVELOPMENT BAR UPDATES/NOTICES 85 New Admissions to the Malaysian Bar 88 List of Departed Members 88 Notice Regarding Bar Circulars and E-Blasts 89 Summary of Circulars 90 General Information on Matters Discussed at Bar Council Meetings 90 List Of Struck Off Members Wherein Appeal/Reinstatement Allowed 91 Notice Regarding Documents in Bar Council's Custody: Legal Firms in which Bar Council has Intervened 91 Library Update 70 99 Disciplinary Orders JAN-JUN 2015 | PRAXIS 1 COVER STORY BAR COUNCIL MALAYSIA Bar Council 15 Leboh Pasar Besar 50050 Kuala Lumpur Tel No: (603) 2050 2050 Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 Email: [email protected] Website: http://www.malaysianbar.org.my -
Annual Report FY2018- 2019.Pdf
ANNUAL REPORT L A W S O C I E T Y P R O B O N O S E R V I C E S | A N N U A L R E P O R T | F Y 2 0 1 8 / 1 9 Law Society Pro Bono Services (“LSPBS”) is a registered charity with an Institution of a Public Character (“IPC”) status. Launched in 2007, and incorporated in 2017, LSPBS provides pro bono legal assistance to the community and to organisations in Singapore serving the needy and disadvantaged. We work to: a. develop and ensure a just and efficient system for the provision of pro bono legal services in Singapore; b. coordinate the provision of civil, criminal and community pro bono legal services with various agencies; c. recruit, train and manage volunteers from the legal fraternity and beyond for the provision of pro bono services; d. identify areas of need in the community for pro bono services; and e. protect and assist the public on matters of the law relevant to their lives, particularly through programmes to develop public legal literacy. Law Society Pro Bono Services serves the community by facilitating access to justice for the needy and vulnerable so that all may have access to justice in Singapore. U E N : T 2 0 1 7 0 0 4 3 0 E B A N K S : O C B C B a n k A n d B a n k o f E a s t A s i a A U D I T O R : B a k e r T i l l y T F W L L P A D D R E S S : 1 H a v e l o c k S q u a r e # 0 5 - 0 0 S t a t e C o u r t s S i n g a p o r e 0 5 9 7 2 4 1 The splash of colours on the cover reflects Another important group who need the colours of grace.