Law Minister K Shanmugam SC ’84 a Word from the Editor CONTENTS
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Annual Report 2010 - 2011 Contents
Annual Report 2010 - 2011 Contents 2 Foreword by the Attorney-General 6 Remembrance and Congratulations 10 Our Mission, Vision and Core Values 13 Our Roles 15 Our Corporate Structure A. AGC’s Management Team B. Six Legal Divisions and Two Non-Legal Divisions 29 Our Key Milestones A. As The Government’s Chief Legal Adviser and Counsel i. AGC’s Advisory Work ii. AGC’s Involvement in Litigation iii. AGC in Negotiations iv. AGC as Legislative Draftsman B. As Public Prosecutor C. In Performing Other Assigned Duties of a Legal Character D. Our Corporate Resources 61 Our Training, Development and Outreach 67 The Ties that Bind Us 71 Key Figures for 2010-2011 A. Corporate Awards B. Performance Indicators C. Financial Indicators for FY2010-FY2011 Attorney-General’s Chambers ANNUAL REPORT 2010 - 2011 1 FOREWORD BY THE ATTORNEY-GENERAL As we look back on these past years, the taxation policies and policies concerning adjust to these changes so that we can function perceptible increase in the complexity of our casino regulation. Cross-Divisional teams effectively. work is particularly striking. This growing were also engaged to deal with cases before complexity has in turn given rise to two the Singapore Courts when we were required With this in mind, I have intensified the consequences, which I elaborate on below. to address constitutional challenges and also commitment of my Chambers to the training, to defend Singapore’s judiciary in the face of development and specialisation of our officers contempt. so that we are well placed to support the THE NEED FOR Government with the highest level of legal iNTER-dIVISIONAL This is perhaps a reality that is ultimately to be services. -
This Paper Has Been Published in the Journal of Business Law and The
Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879, t: (65)-6332-1020 _________________________________________________________________________________________________ This paper has been published in the Journal of Business Law and the Supreme Court Library Queensland gratefully acknowledges the permission of the editor, Professor Robert Merkin, to reprint it in the Yearbook. A version of this essay was delivered at the Current Legal Issues Seminar in the Banco Court on 12 September 2013. I would like to express my deepest appreciation to Ms Andrea Gan and Mr Jonathan Yap, Justices’ Law Clerks, Supreme Court of Singapore, as well as to Asst Prof Goh Yihan of the Faculty of Law, National University of Singapore, for their helpful comments and suggestions. I would also like to dedicate this essay to all the participants who displayed an extraordinary (and, I might add, rare) degree of enthusiasm and (above all) friendship. All errors remain mine alone. Further, all views expressed in this essay are personal views only and do not reflect the views of the Supreme Court of Singapore. Andrew Phang Our Vision: Excellence in judicial education and research. Our Mission: To provide and inspire continuing judicial learning and research to enhance the competency and professionalism of judges. The Challenge of Principled Gap-Filling — A Study of Implied Terms in a Comparative Context by The Honourable Justice Andrew Phang Boon Leong* There has been a veritable wealth of literature on implied terms — ranging from doctoral theses1 to book chapters,2 articles3 and (more recently) a book.4 What accounts for this interest? Perhaps the simplest explanation is that it is an extremely important topic with at least two important functions — one substantive, the other theoretical. -
(Dawn Tan 11 Mar 10) Final
About Dawn Dawn graduated with First Class Honours from the National University of Singapore Law School in 1997. In 2002 she took a Master of Laws degree from the Harvard Law School where she again achieved academic distinction. Dawn completed her pupilage under Mr Michael Hwang, S.C. at Allen & Gledhill (now Allen & Gledhill LLP) and was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in May 1998. Dawn is also admitted as a Solicitor in England and Dawn Tan Ly-Ru Wales and an Attorney and Counselor-at-Law of the State of New York. Between 1998 and 1999, Dawn was a Justices’ Law Clerk in the Chambers of the former Chief Justice, Mr Yong Pung How. She then served as an Assistant Registrar at the Supreme Court Contact Details Registry and concurrently took up teaching appointments at the National University of Singapore Law School and the then T: 656.225.3819 Department of Law of the Singapore Management University. F: 656.224.1891 Between 2004 and 2006, Dawn was Deputy Director Trade at the Ministry of Trade and Industry where she was involved in the E: [email protected] formulation and implementation of Singapore’s foreign trade policy. She negotiated the Trade in Goods, Rules of Origin and Qualifications Trade Remedies Chapters of Singapore’s Free Trade Agreements with India, Panama, Chile, New Zealand and Brunei (known as LL.B. (Hons), National University of the “Pacific 4”), Kuwait and Pakistan. She also advised on the Singapore (1997) legality of actions taken by other countries, such as anti-dumping LL.M., Harvard Law School (2002) measures, against Singapore companies. -
Minlaw) Invited Applications for the Second Round of Qualifying Foreign Law Practice (QFLP) Licences on 1 July 2012
PRESS RELEASE AWARD OF THE SECOND ROUND OF QUALIFYING FOREIGN LAW PRACTICE LICENCES The Ministry of Law (MinLaw) invited applications for the second round of Qualifying Foreign Law Practice (QFLP) licences on 1 July 2012. Twenty-three applications were received by the closing date of 31 August 2012. 2 QFLP licences will be awarded to the following four firms (listed in alphabetical order): Gibson, Dunn & Crutcher; Jones Day; Linklaters, and Sidley Austin. 3 The firms will have up to six months from 1 April 2013 to commence their operations as QFLPs, and their licences will be valid for an initial period of five years from the respective start dates. Background 4 The QFLP scheme was introduced in 2008 following the recommendations of the Committee to Develop the Legal Sector chaired by Justice V K Rajah. The Committee, which included senior lawyers from top local firms, assessed that local firms and local lawyers would benefit from the increased foreign presence and competition over time. 5 The QFLP licences allow Foreign Law Practices (FLPs) to practise in permitted areas of Singapore law1. The scheme seeks to support the growth of key economic sectors, grow the legal sector, as well as to offer additional 1 Permitted areas are all areas except domestic areas of litigation and general practice, for example, criminal law, retail conveyancing, family law and administrative law. The QFLPs can practise the permitted areas through Singapore-qualified lawyers with practising certificates or foreign lawyers holding the foreign practitioner certificate. 1 opportunities for our lawyers. A total of six FLPs2 were awarded QFLP licences in the first round in 2008. -
The Development of Singapore Law: a Bicentennial Retrospective1
(2020) 32 SAcLJ 804 (Published on e-First 8 May 2020) THE DEVELOPMENT OF SINGAPORE LAW: A BICENTENNIAL RETROSPECTIVE1 The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation and empirical legal studies. Andrew PHANG Judge of Appeal, Supreme Court of Singapore. GOH Yihan Professor of Law, School of Law, Singapore Management University. Jerrold SOH Assistant Professor of Law, School of Law, Singapore Management University; Co-Founder, Lex Quanta. I. Introduction 1 The present article, which reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year since the founding of Singapore by Sir Stamford Raffles in 1819, is of particular significance as English law constitutes the foundation of Singapore law. The role of Raffles and his successors, therefore, could not have been more directly 1 All views expressed in the present article are personal views only and do not reflect in any way the views of the Supreme Court of Singapore, the Singapore Management University or Lex Quanta. Although this article ought, ideally, to have been published last year, the immense amount of case law that had to be analysed has led to a slight delay. -
SOL LLM Brochure 2021 Copy
SMU – Right in the Heart of Asia’s Hub, Singapore Masters of Laws In the dynamic, cosmopolitan hub that is Singapore, you will find a vibrant city-state that pulses with the diversity of both East and West. LL.M. in Judicial Studies Situated at the cross-roads of the world, Singapore is home to multinational companies and thousands of small and medium-sized LL.M. in Cross-border Business and Finance Law in Asia enterprises flourishing in a smart city renowned for its business excellence and connectivity. With its strong infrastructure, political Dual LL.M. in Commercial Law (Singapore & London) stability and respect for intellectual property rights, this City in a Garden offers you unique opportunities to develop as a global citizen. Thorough. Transnational. Transformative. Tapping into the energy of the city is a university with a difference — the Singapore Management University. Our six schools: the School of Accountancy, Lee Kong Chian School of Business, School of Computing and Information Systems, School of Economics, Yong Pung How School of Law, and School of Social Sciences form the country’s only city campus, perfectly sited to foster strategic links with businesses and the community. Modelled after the University of Pennsylvania’s Wharton School, SMU generates leading-edge research with global impact and produces broad-based, creative and entrepreneurial leaders for a knowledge-based economy. Discover a multi-faceted lifestyle right here at SMU, in the heart of Singapore. The SMU Masters Advantage GLOBAL RECOGNITION SMU is globally recognised as one of the best specialised universities in Asia and the world. -
SCL (Singapore) Annual Construction Law Conference 2021 HOPE and FEARS - the Built Environment in the Next Decade Thursday, 23 September 2021 • 9.00 A.M
SCL (Singapore) Annual Construction Law Conference 2021 HOPE AND FEARS - the Built Environment in the Next Decade Thursday, 23 September 2021 • 9.00 a.m. to 5.30 p.m. Hybrid Conference Option of Attending In-Person (Limited Places & Subject to Government Approvals) or Via Zoom Webinar GUEST OF HONOUR & REGISTER HERE KEYNOTE SPEAKER OR SCAN QR CODE Ms Indranee THURAI RAJAH Minister, the Prime Minister’s Office; ABOUT THIS CONFERENCE Second Minister for Finance and National Development; Member of Parliament for Tanjong Hopes and fears – the built environment in the next decade Pagar GRC Business sectors including the built environment have had to and will continue to remould themselves in the shifting sands of the COVID-19 pandemic – there is no certainty that the old normal will ever return. Ms Indranee Rajah is the Minister in the Prime Minister’s This year’s SCL (Singapore) Annual Conference kicks off with Office. She is also Second Minister for Finance, and Second a discussion on transformative technologies and sustainable Minister for National Development. Ms Rajah has been the solutions during project execution before what is hopefully Member of Parliament for the Tanjong Pagar Group an invigorating yet light-hearted debate takes place on Representation Constituency (GRC) since 2001. She was in whether the next decade will bring forth a more collaborative practice as a lawyer and Senior Counsel before joining the working style in the built environment or will a culture of Government. Under her law portfolio from 2012 - 2018, she blame be the prevailing approach. After lunch, various co-chaired the Committees on Family Justice, the formation stakeholders provide their intriguing insights into what could of the Singapore International Commercial Court as well as perhaps be seen as a generational change in the conduct of the Committee to Strengthen Singapore as an International virtual dispute resolution hearings in a post-COVID-19 world. -
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. -
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. -
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. -
170702Mindmap Copy
Who said what Numerous allegations have been made in the ongoing feud between Prime Minister Lee Hsien Loong and his siblings, from misuse of power to a conict Against Lee Hsien Loong of interest in preparing the late Mr Lee Kuan Yew’s last will. Insight charts the Against Teo Chee Hean • Allegation: PM Lee misused his claims and accusations in the dispute over the fate of 38, Oxley Road. • Allegation: Committee focused power to prevent the house from solely on challenging validity of being demolished demolition clause in Mr Lee’s will PM’s response: Denied the DPM Teo’s response: Not true that “baseless” allegations, will refute committee bent on preventing them in a ministerial statement in demolition of the house Parliament tomorrow • Allegation: Committee did not • Allegation: PM Lee made disclose options in prior exchanges, contradictory statements about only identied members and its their father’s wishes and the house terms of reference when “forced in public and private into the daylight” Ms Indranee Rajah’s DPM Teo’s response: Nothing response: Notes that secret about committee; it is like Mr Lee Kuan Yew’s numerous other committees last will specically Cabinet sets up to consider specic accepts and Against Ho Ching Against K. Shanmugam issues acknowledges that DPM Tharman Allegation: Has a pervasive Allegation: Conict of interest demolition may not take place. • • Shanmugaratnam’s inuence on government, well being on ministerial committee, response: Cabinet has beyond her job scope having advised the late Mr Lee and • Allegation: Did not challenge the numerous committees family about the house last will in court when probate was on whole range of granted • Allegation: Removed the late Mr Mr Shanmugam’s response: issues, to help think Lee’s items from house without PM’s response: Wanted to avoid a Calls the claim ridiculous; says through difcult choices approval; represented the Prime public ght that would tarnish the nothing he said precluded him from Minister’s Ofce despite not family name serving in committee. -
This Story Was Printed from Todayonline
This story was printed from TODAYonline S'pore gets first female Solicitor-General Koh Juat Jong takes over from Walter Woon, who is new AG Thursday • April 10, 2008 Leong Wee Keat [email protected] A PRESIDENT'S Scholar has become the first woman to be appointed the Solicitor-General (SG) in the Attorney-General's Chambers here. Ms Koh Juat Jong (picture), 48, will leave her role as the Registrar of the Supreme Court,and assume her new post tomorrow. As SG, she will work closely with the new Attorney-General (AG), Professor Walter Woon, 52, in advising ministries and departments on questions of law. Prof Woon, the current SG, has been appointed to the post of AG for two years, said a statement from the Prime Minister's Office (PMO) yesterday. Mr Chao Hick Tin, 65, the current AG, ends his two-year term today. He returns to the judiciary as a Judge of Appeal at the Supreme Court tomorrow, said the PMO statement. As SG, Ms Koh will also help the AG oversee the drafting of legislation, and represent the Government in legal proceedings. "I am honoured to be entrusted with the responsibilities of the new appointment as Solicitor-General," she said. "My last four years as the Registrar of the Supreme Court has been a rewarding and memorable experience." Ms Koh joined the Legal Service in 1989 when she was posted to the AG's Chambers as state counsel. She was then posted to the Supreme Court in 1994 as senior assistant registrar before becoming a district judge in 1995, and later the Principal District Judge in the Family and Juvenile Justice Division.