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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. -
Paginator.Book([2006] 2 SLR(R) 0690.Fm)
paginator.book Page 690 Monday, November 23, 2009 3:54 PM 690 SINGAPORE LAW REPORTS (REISSUE) [2006] 2 SLR(R) The Polo/Lauren Co, LP v Shop In Department Store Pte Ltd [2006] SGCA 14 Court of Appeal — Civil Appeal No 67 of 2005 Yong Pung How CJ, Chao Hick Tin JA and Tan Lee Meng J 21 February; 31 March; 6 April 2006 Trade Marks and Trade Names — Infringement — Appellant alleging respondent’s sign infringing appellant’s registered word mark — Applicable test for infringement under s 27(2)(b) Trade Marks Act — Whether respondent’s sign similar to appellant’s word mark — Whether goods to which defendant’s sign and plaintiff's mark applying similar — Whether likelihood of confusion on the part of the public existing — Section 27(2)(b) Trade Marks Act (Cap 332, 1999 Rev Ed) Facts The appellant was the registered proprietor of six trade marks including the “POLO” word mark (“the word mark”). The respondent operated five suburban stores that sold items such as clothing, bags, handbags, shoes, watches and household stuff at prices affordable to the masses. The respondent had applied to the Registry of Trade Marks to have the sign “POLO PACIFIC” (“the sign”) in the same class as the word mark. This application was accepted by the Registry for publication, although it was pending opposition by the appellant. In the meantime, the respondent had started to sell goods bearing the sign. The appellant considered this to be a breach of its rights under the word mark and commenced suit, alleging that the respondent had breached s 27(2) of the Trade Marks Act (Cap 332, 1999 Rev Ed) as well as a prior undertaking not to infringe the appellant’s marks. -
OPENING of the LEGAL YEAR 2019 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2019 Speech by Attorney-General, Mr Lucien Wong, S.C. Monday, 7 January 2019 Supreme Court Building, Level Basement 2, Auditorium May it please Your Honours, Chief Justice, Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court, Introduction: AGC in Support of the Government, for the People 1 2018 was a fast-paced year for the Government and for the Attorney-General’s Chambers. The issues occupying the thoughts of Singapore’s leaders were complex and varied, with several key themes coming to the fore. These themes shaped our work over the past year, as we strove to be a strategic partner in support of the Government’s plans and initiatives, for the benefit of our country and its citizens. I will touch on three of these themes. 2 The first theme was our Smart Nation. This initiative aims to tap on the ongoing digital revolution in order to transform Singapore through technology. The Smart Nation vision is for Singapore to be a world-class leader in the field of digital innovation, resting on the triple pillars of a digital economy, digital government, and digital society. The Smart Nation revolution will play a critical part in ensuring our continued competitiveness on the world stage, powered by digital innovation. 1 3 Data sharing was and continues to be a critical aspect of this initiative. To this end, a new law was passed in 2018 which introduced a data sharing regime among different agencies in the Singapore Government. The Public Sector (Governance) Act 2018, which was drafted by our Chambers in support of this initiative, underpins and formalises a data sharing framework for the Singapore public sector. -
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. -
5Th ASIA-PACIFIC JUDICIAL COLLOQUIUM LITIGATION CONFERENCE 2019 FAMILY CONFERENCE 2019: SUPPORTING, HEALING & RECONSTRUCTING
ISSUE 02 • SEP 2019 5th ASIA-PACIFIC JUDICIAL LITIGATION FAMILY CONFERENCE COLLOQUIUM CONFERENCE 2019 2019: SUPPORTING, HEALING & RECONSTRUCTING SEP 2019 02 HIGHLIGHTS HIGHLIGHTS 5th Asia-Pacific Judicial Colloquium 01 Litigation Conference 2019 03 Family Conference 2019: 04 Supporting, Healing & Reconstructing th EVENTS & INITIATIVES 5 ASIA-PACIFIC Harnessing Technology to Enhance 05 International Knowledge Exchange JUDICIAL COLLOQUIUM FJC’s Family Judges’ Learning Week 06 The biennial event was attended by Chief Justices and Judges from the apex courts of Australia, Canada, Hong 2019 Kong, New Zealand and Singapore. They had congregated at the Supreme Court of Singapore for a frank, open and rich discussion on issues centred on court administration and recent development in the law of contract and Fundraising Carnivals by the 07 equitable compensation, as well as current issues in Public and International Law. Singapore Courts Some of the topics discussed at the colloquium included – Civil Justice Reforms, Maintaining the Dignity of the Court State Courts Reach Out to 08 in the Face of Criticism, Contractual Interpretation, Equitable Compensation for Breach of Fiduciary Duty, Climate the Community Change and the Law, as well as the Hague Convention and Transnational Custody Disputes. th State Courts Strive for a 09 The 5 Asia-Pacific Judicial Colloquium commenced with a welcome reception on the evening of 27 May at the Digital-ready Workforce Supreme Court and concluded with a social programme on 30 May at Jewel Changi Airport for all -
Names of Chinese People in Singapore
101 Lodz Papers in Pragmatics 7.1 (2011): 101-133 DOI: 10.2478/v10016-011-0005-6 Lee Cher Leng Department of Chinese Studies, National University of Singapore ETHNOGRAPHY OF SINGAPORE CHINESE NAMES: RACE, RELIGION, AND REPRESENTATION Abstract Singapore Chinese is part of the Chinese Diaspora.This research shows how Singapore Chinese names reflect the Chinese naming tradition of surnames and generation names, as well as Straits Chinese influence. The names also reflect the beliefs and religion of Singapore Chinese. More significantly, a change of identity and representation is reflected in the names of earlier settlers and Singapore Chinese today. This paper aims to show the general naming traditions of Chinese in Singapore as well as a change in ideology and trends due to globalization. Keywords Singapore, Chinese, names, identity, beliefs, globalization. 1. Introduction When parents choose a name for a child, the name necessarily reflects their thoughts and aspirations with regards to the child. These thoughts and aspirations are shaped by the historical, social, cultural or spiritual setting of the time and place they are living in whether or not they are aware of them. Thus, the study of names is an important window through which one could view how these parents prefer their children to be perceived by society at large, according to the identities, roles, values, hierarchies or expectations constructed within a social space. Goodenough explains this culturally driven context of names and naming practices: Department of Chinese Studies, National University of Singapore The Shaw Foundation Building, Block AS7, Level 5 5 Arts Link, Singapore 117570 e-mail: [email protected] 102 Lee Cher Leng Ethnography of Singapore Chinese Names: Race, Religion, and Representation Different naming and address customs necessarily select different things about the self for communication and consequent emphasis. -
Eighteenth Annual International Maritime Law
EIGHTEENTH ANNUAL INTERNATIONAL MARITIME LAW ARBITRATION MOOT 2017 MEMORANDUM FOR CLAIMANT THE UNIVERSITY OF SYDNEY TEAM 10 ON BEHALF OF: AGAINST: INFERNO RESOURCES SDN BHD FURNACE TRADING PTE LTD AND IDONCARE BERJAYA UTAMA PTY LTD CLAIMANT RESPONDENTS COUNSEL Margery Harry Declan Haiqiu Ai Godber Noble Zhu TEAM 10 MEMORANDUM FOR CLAIMANT TABLE OF CONTENTS ABBREVIATIONS ......................................................................................................................... III LIST OF AUTHORITIES ................................................................................................................ V STATEMENT OF FACTS ................................................................................................................ 1 APPLICABLE LAW ......................................................................................................................... 2 I. SINGAPOREAN LAW APPLIES TO ALL ASPECTS OF THE DISPUTE ............................................... 2 A. Singaporean law governs the procedure of the arbitration ................................................... 2 B. Singaporean law is the substantive law applying to FURNACE and INFERNO’s dispute ....... 2 C. Singaporean law is also the substantive law applying to FURNACE and IDONCARE’s dispute ................................................................................................................................... 3 ARGUMENTS ON THE INTERIM APPLICATION FOR SALE OF CARGO ......................... 4 II. A VALID AND ENFORCEABLE LIEN -
Year 2018 (PDF, 2.42
CONTENTS 04 MESSAGE FROM THE CHIEF JUSTICE 06 ABOUT THE COLLEGE 08 BOARD OF GOVERNORS 09 FACULTY 10 AREAS OF FOCUS FOR PROGRAMMES OF THE COLLEGE 11 CORE CURRICULUM 16 MASTERCLASSES 18 LOCAL WING 25 INTERNATIONAL WING 33 PROGRAMME OFFERINGS IN 2018 38 EMPIRICAL JUDICIAL RESEARCH 40 ACCREDITATION 41 INTERNATIONAL OUTREACH 43 INTERNATIONAL ALUMNI SINGAPORE SINGAPORE JUDICIAL JUDICIAL 2 COLLEGE COLLEGE 3 MESSAGE FROM THE CHIEF JUSTICE of the law. The two masterclasses on arbitration and intellectual property that were organised this year also attracted external and international participants. As for its international work, the College built on its well-earned reputation and further extended its reach. It has to date received close to 1,300 participants from 76 jurisdictions. I am heartened by the demand for the programmes offered by the College which evidences their quality and usefulness. Besides conducting inaugural runs of its flagship case management, court technology and dispute resolution mechanisms programmes in Cambodia, Laos, Myanmar and Vietnam, the College was proud to present a customised judgment writing programme in Brunei for the Brunei judiciary. The Supreme Court of Korea’s Judicial Research and Training Institute also invited the College to In four short years, the Singapore Judicial College has established itself speak at its international conference alongside the US National Judicial as a critical institution serving the developmental and learning needs of College and the European Judicial Training Network. This year also our judges and judicial officers, as well as undertaking empirical judicial saw our cooperation with the National Judges College of the People’s research to support and drive innovative court practices and policies. -
The Interpretation and Construction of Taciturn Bills of Rights
AN ARTICULATE SILENCE: THE INTERPRETATION AND CONSTRUCTION OF TACITURN BILLS OF RIGHTS by JACK TSEN-TA LEE A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Birmingham Law School College of Arts and Law University of Birmingham June 2011 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. © 2011 Jack Tsen-Ta Lee Jack Tsen-Ta Lee School of Law, Singapore Management University 60 Stamford Road, #04-11, Singapore 178900 Tel +65.6828.1949 y Fax +65.6828.0805 E-mail [email protected] Website http://www.law.smu.edu.sg This dissertation is gratefully dedicated to my PhD supervisor Dr Elizabeth A Wicks, without whose advice and guidance this work would not have come to fruition; and to my parents, Ann and Song Chong Lee, who always believed in me. X ACKNOWLEDGEMENTS I am most grateful to the Birmingham Law School and the University of Birmingham for supporting the writing of this dissertation by providing a partial scholarship and an appointment as a visiting lecturer during the 2005–2006 academic year, and a full scholarship in the form of a postgraduate teaching assistantship between September 2006 and August 2008. -
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 -
1 Response by Chief Justice Sundaresh Menon Opening
RESPONSE BY CHIEF JUSTICE SUNDARESH MENON OPENING OF THE LEGAL YEAR 2020 Monday, 6 January 2020 Mr Attorney, Mr Vijayendran, Honoured Guests, Members of the Bar, Ladies and Gentlemen: I. INTRODUCTION 1. It gives me great pleasure, on behalf of the Judiciary, to welcome you to this morning’s proceedings. I am especially grateful to the Honourable Prof Dr M Hatta Ali, Chief Justice of the Supreme Court of the Republic of Indonesia, the Right Honourable Tan Sri Tengku Maimun binti Tuan Mat, Chief Justice of Malaysia, the Honourable Slaikate Wattanapan, President of the Supreme Court of Thailand, and our other guests from abroad for being with us this morning. 2. Over the past year, the Judiciary has been involved in a number of significant reforms in both its domestic and international fields of work. This morning, I will provide a broad overview of our progress and outline some anticipated 1 changes, before turning to some broader issues concerning the future of our profession. Let me begin by briefly reviewing the changes within the Judiciary. II. FELICITATIONS 3. Justices Pang Khang Chau, Audrey Lim, Ang Cheng Hock and Vincent Hoong were appointed as Judges of the High Court following their terms as Judicial Commissioners. We have also just welcomed Judicial Commissioner Mohan S/O Ramamirtha Subbaraman, who brings years of experience in admiralty practice as one of our first Senior Accredited Specialists in Maritime and Shipping law. These appointments will enhance the quality and the diversity of the Bench. 4. In addition to the extensions I foreshadowed in my Response last year, we retained the deep experience of Justices Woo Bih Li and Tan Siong Thye, each of whom has been re-appointed for a term of two years. -
The One Judiciary Annual Report 2018
CHIEF JUSTICE’S FOREWORD As I have said on previous occasions, the Judiciary The Courts have also launched several initiatives is the custodian of the sacred trust to uphold to help members of the public better navigate our the rule of law. To this end, it must not only hand judicial system. In October 2018, the State Courts, down judgments which are fair and well-reasoned, together with community partners, launched the but also ensure that justice is accessible to all, first part of a Witness Orientation Toolkit to help for it is only by so doing that it can command the prepare vulnerable witnesses for their attendance trust, respect and confidence of the public. This in court. Similarly, the Family Justice Courts worked is indispensable to the proper administration of closely with the Family Bar to publish, earlier this justice. January, the second edition of The Art of Family Lawyering, which is an e-book that hopes to This One Judiciary Annual Report will provide an encourage family lawyers to conduct proceedings overview of the work done by the Supreme Court, in a manner that reduces acrimony between the the State Courts and the Family Justice Courts in parties, focuses on the best interests of the child, 2018 to enhance our justice system to ensure that it and conduces towards the search for meaningful continues to serve the needs of our people. long-term solutions for families. On the international front, we continued to expand our international networks. Regionally, we Strengthening Our Justice System Both the international legal infrastructure to promote law schools and to expand the opportunities that deepened our engagement with ASEAN by playing Within and Without cross-border investment and trade.