SINGAPORE LEGAL SERVICE

2019 IN REVIEW OUR MISSION

The mission of the Legal Service Commission is to maintain a dedicated corps of officers with integrity and ability to staff the Judiciary, the Attorney-General’s Chambers and the Legal Service departments of various Ministries and other arms of Government. 2019 IN REVIEW 1

CONTENTS 2 The Judicial Branch

9 The Legal Branch

21 Ministries, Legal Service Departments and Statutory Boards/Statutory Bodies THE JUDICIAL BRANCH 2019 IN REVIEW 3

THE JUDICIAL BRANCH

The Judicial Branch of the Legal Service is a key component of the Singapore The Supreme Court Judiciary, and is presided over by the Supreme Court Registry and Chief Justice. The Legal Service Officers Justices’ Law Clerks (“LSOs”) in the Judicial Branch serve in The Registry of the Supreme Court the Supreme Court Registry, the Justices’ supports the work of the Court of Appeal, Law Clerks (“JLC”) pool at the Supreme the High Court and the Singapore Court, the Office of the Chief Justice International Commercial Court at the Supreme Court, the Singapore (“SICC”). It is led by the Registrar, who Judicial College (“SJC”), the State Courts, is assisted by the Deputy Registrar, Senior and the Family Justice Courts (“FJC”). Assistant Registrars, Divisional and Deputy Divisional Registrars, and Assistant The LSOs in the Supreme Court Registry Registrars (collectively, “registrars”). are supervised by the Registrar of the In their judicial capacity, the registrars Supreme Court. hear a wide spectrum of matters in the High Court. These include applications The JLCs and the Office of the Chief (e.g., for summary judgment or striking Justice, including the Office of out), mortgage actions, taxation, and Transformation and Innovation (“OTI”), assessments of damages. The registrars come under the direct oversight of the also play an important role in judicial case Chief Justice. management in the High Court, where orders and directions are given for the just, The LSOs in the State Courts and the FJC expeditious and economical disposal of are supervised by the Presiding Judge of causes or matters through the conduct of the State Courts and the Presiding Judge pre-trial conferences. of the FJC respectively. Some registrars additionally serve in the Divisional Registry of the Court of Appeal and/or the Divisional Registry of the SICC. In these capacities, they assist the Judges of the Court of Appeal and the SICC, including the International Judges, in the management of cases in those courts. 4 SINGAPORE LEGAL SERVICE

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Beyond their judicial roles, the registrars The JLCs are appointed for a term of two contribute significantly in shaping, years and receive the unique privilege of reviewing and implementing court mentorship by the Judges and Judicial processes, as well as reforms to enhance Commissioners of the Supreme Court. the administration of justice. Major In their first year, they are assigned to the initiatives that the registrars worked on Judges and Judicial Commissioners of in 2019 include the establishment of the the High Court. They then clerk for the Appellate Division of the High Court, Chief Justice and Judges of Appeal in their the continuation of the work of the Civil second year. Justice Commission and the Criminal Procedure Rules Committee, and the As of 31 December 2019, there were ongoing development of a new standard- 33 LSOs in the Supreme Court Registry setting body of procedural rules for the – the Registrar, the Deputy Registrar, SICC. four Senior Assistant Registrars and 27 Assistant Registrars. The Deputy The registrars also supported the Chief Registrar and two Senior Assistant Justice and the Judges of the Supreme Registrars were concurrently designated Court on various international the Divisional Registrar of the Court engagements and key strategic initiatives of Appeal, Divisional Registrar of the in 2019. These include the 41st ASEAN High Court and Divisional Registrar of Law Association Governing Council the SICC, while five Assistant Registrars Meeting, the 7th Council of ASEAN Chief were concurrently designated Deputy Justices Meeting, the 3rd Singapore-China Divisional Registrars of the Court of Legal and Judicial Roundtable, as well as Appeal or of the SICC. The registrars are work relating to the Standing International further concurrently appointed as District Forum of Commercial Courts and the Judges or Magistrates in accordance with Judicial Insolvency Network. written law. Thirty-six JLCs served in the Supreme Court in 2019. The Supreme Court Bench is also supported by JLCs, who provide research Teh Hwee Hwee (Ms) assistance to the Judges and Judicial Registrar Commissioners of the Supreme Court. Supreme Court 2019 IN REVIEW 5

THE JUDICIAL BRANCH

Office of the Chief Justice Singapore Judicial College The Chief Executive (Office of the Chief The SJC serves the learning and Justice) (“CE”) oversees administrative development needs of judges. In 2019, and operational matters for the Supreme one focus of SJC’s local programmes was Court and the FJC. In 2019, the CE led on “deep-dive” sessions in collaboration efforts to support the rd3 Singapore-China with its partners, such as the insolvency Legal and Judicial Roundtable, held in masterclass, probability and statistics series Beijing on 28 August 2019, resulting and legal technology modules. The SJC in the signing of a Memorandum of continued to undertake paid customised Understanding on Advancing Continuing local and foreign engagements. Judicial Education between the Supreme Court and the Supreme People’s Court The SJC’s international programmes of the People’s Republic of China. reached 239 more participants from 11 Closer to home, the CE oversaw the jurisdictions, bringing its alumni close to development and realisation of the Judicial 1,500 foreign judges and officials from 87 Heritage Gallery. jurisdictions. The SJC was invited to speak at the biennial International Organization The OTI was established in 2019 to drive for Judicial Training Conference and the transformation efforts across the entire Korean Judicial Research and Training Judiciary. Led by the Chief Transformation Institute International Conference. As and Innovation Officer, the OTI is involved for international collaborations, SJC in a wide range of transformation activities continued to work closely with the Chinese and the implementation of the Courts of National Judges College and embarked the Future roadmap. on implementing the memorandum of understanding signed between the Supreme As at 31 December 2019, there were three Court of Singapore and the Supreme LSOs in the Office of the Chief Justice. People’s Court of the People’s Republic of China relating to judicial education. Juthika Ramanathan (Ms) The SJC also held productive institutional Chief Executive exchanges with the United States’ Federal Office of the Chief Justice Judicial Center and other American courts. 6 SINGAPORE LEGAL SERVICE

THE JUDICIAL BRANCH

The SJC’s empirical judicial research counsellors and social workers. One of its initiative generated high quality research programmes is the “Early Engagement of relevant to innovating court policies and Offenders Below 21 Years” initiative, which practices. Three research proposals were targets eligible youthful offenders even prior accepted in 2019, making a total of 15 to the conclusion of criminal proceedings, approved projects. to prevent them from reoffending. The initiative puts suitable youthful offenders As at 31 December 2019, there were two in touch with various community LSOs in the SJC. stakeholders, to empower them to change their lives for the better. This reinforces the Foo Chee Hock court’s sentencing policy geared towards Dean the rehabilitation of youthful offenders. Singapore Judicial College To enhance access to justice and court processes in the civil sphere, the State Courts introduced the pre-action protocol for The State Courts business-to-business debt recovery claims via the State Courts Practice Direction 2019 was a memorable year for the State 144. By providing more information and Courts. We bade farewell to the “Octagon” encouraging negotiation between parties building and moved into our new home at an early stage, the protocol provides in the State Courts Towers, which house a framework for parties to resolve such 53 courtrooms and 54 hearing chambers, disputes informatively, timeously and as well as various public facilities such as a inexpensively. Business Centre and a Help Centre. The State Courts also contributed to public The State Courts Heritage Gallery was legal education through the publication of opened in the first official event held in the two books authored by Judicial Officers State Courts Towers. The Gallery seeks to of the State Courts. The first book – preserve the State Courts’ shared heritage “Practitioners’ Guide on Damages Awarded and share the State Courts’ transformation for Defamation Cases in Singapore” – seeks journey through the years with the public. to clarify both the law and the adjudication process of the tort of defamation in To deliver better court services, the State Singapore. The second book – “Law Courts Centre for Specialist Services and Practice of Tribunals in Singapore” – was launched to provide counselling elaborates on the critical role tribunals and psychological services to court users play in the administration of justice in by a team of experienced psychologists, Singapore. 2019 IN REVIEW 7

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The State Courts are committed to leveraging technology to improve court The Family Justice Courts services and user experience. One example In September 2019, the inter-agency is the piloting of the Intelligent Court Committee to Review and Enhance Transcription System (“iCTS”), which Reforms in the Family Justice System allows for real time transcription by (“RERF Committee”) submitted its instantly transcribing oral evidence in report to the Ministry of Law and court proceedings without court reporters the Ministry of Social and Family or transcribers, cutting down the time Development (“MSF”). It proposed taken for transcription considerably. For recommendations towards therapeutic the iCTS, the State Courts received the justice through community partners OpenGov Recognition of Excellence working together to strengthen early 2019 Award at the 5th Annual Singapore support for families facing breakdown OpenGov Leadership Forum, which and further enhancements to the family recognizes the excellent use of information justice system. and communications technology by government agencies. Another example Following the release of the RERF was the State Courts’ Community Justice Committee’s recommendations, the and Tribunals System (“CJTS”), which Mental Capacity Act module in the provides a fully integrated justice solution FJC’s integrated Family Application that allows parties to file claims and settle Management System (“iFAMS”) was certain disputes online. In 2019, the State expanded to allow more common types Courts won the National Association of applications to be filed online under a for Court Management (“NACM”) and simplified track. Besides benefitting from Court Information Technology Officers a simpler process, this expansion enables Consortium Award for the CJTS at the court users to receive quicker responses NACM Annual Conference in Las Vegas. and incur less costs.

As at 31 December 2019, there were FJC similarly leveraged technology in 91 LSOs in the State Courts. maintenance matters. It introduced an Online Show Payment facility whereby Justice See Kee Oon respondents who had been ordered Presiding Judge to submit proof of their maintenance State Courts payments may, in appropriate cases, be allowed to submit such proof electronically to the Court through iFAMS instead of doing so in person. FJC also piloted an Offer to Resolve facility whereby parties 8 SINGAPORE LEGAL SERVICE

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may voluntarily make and accept offers for FJC has set up a Process Transformation spousal or children’s maintenance and the Committee and embarked on a design variation of such orders on iFAMS. thinking initiative in anticipation of its move to the former State Courts building FJC also designed a series of programmes (affectionately known as the “Octagon”) to enhance the competencies of Family in 2023. Court judges and the wider network of professionals in its aspirations to deliver Family justice has undergone significant timely and effective therapeutic justice. changes since the FJC was established An inaugural family judges’ Learning in 2014. FJC is blessed with LSOs who Week and a specialised family judges have been the backbone of these reforms, curriculum were launched in 2019. The and who remain committed and inspired specialist curriculum included training in a challenging landscape, united by a on judge-led case management and social common mission to find a way forward science perspectives aimed at supporting for all distressed families. judges working within a multi-disciplinary framework. As at 31 December 2019, there were 38 LSOs in the FJC. In March 2019, FJC jointly organised a Family Mediation Symposium with The Justice Debbie Ong Hague Conference on Private International Presiding Judge Law, bringing together judges, lawyers, Family Justice Courts Central Authorities, and academics to share and discuss issues, challenges and best practices in mediating family disputes. FJC held its third International Advisory Council (“IAC”) meeting and the Family Justice Practice Forum jointly organised with the MSF in October 2019. The forum included speakers from the IAC, and focused on various multi-disciplinary solutions that support families towards a restorative way forward. THE LEGAL BRANCH 10 SINGAPORE LEGAL SERVICE

THE LEGAL BRANCH

The Attorney-General heads the Government on a wide spectrum of Legal Branch. Legal Service Officers legal issues and the development of (“LSOs”) in the Legal Branch serve proposals for legislation, to ensure that in the Attorney-General’s Chambers Government’s policy objectives are (“AGC”), departments of Ministries advanced within the framework of the with LSO positions, or statutory rule of law. As the office of the Public boards/statutory bodies and key Prosecutor, the AGC exercises overall public institutions. control and direction in the conduct of criminal proceedings independently of The Attorney-General’s Government. The AGC also represents Singapore at international negotiations Chambers and dispute settlement proceedings, and The AGC is led by the Attorney-General, acts as the central authority for mutual with the Deputy Attorneys-General legal assistance in criminal matters and the Solicitor-General. In 2019, the and extradition. AGC continued under the leadership of Mr Lucien Wong Yuen Kai as the The Attorney-General is assisted by the Attorney-General, Deputy Attorneys- LSOs in the four legal divisions of the General Mr Lionel Yee Woon Chin AGC. These are the Crime Division, the and Mr Hri Kumar Nair, and Solicitor- International Affairs Division (“IAD”), General Mr Kwek Mean Luck. the Civil Division and the Legislation Division (“LEGIS”). The LSOs in the The AGC performs a critical role as AGC Academy (“Academy”), Advocacy the guardian of the public interest Group and the Legal Technology & and the steward of the rule of law. Innovation Office (“LTiO”) are also As Government’s chief legal advisor crucial pillars of the work of the AGC. and drafter of laws, the AGC advises 2019 IN REVIEW 11

THE LEGAL BRANCH

(c) Pan-Island Expressway (“PIE”) Advocacy Group Collapse Trial – The Advocacy 2019 saw the expansion of the Advocacy Group and Crime Division have Group to a team of seven LSOs and one conduct of the criminal prosecution Legal Executive. With an expanded team, against the parties involved in the the Advocacy Group took on a wider collapse of the PIE viaduct in July range of disputes matters from criminal 2017. The ongoing complex and trials, judicial reviews, cases under the lengthy trial involves high-tech Protection from Online Falsehoods and litigation graphics. Manipulation Act 2019 (“POFMA”) to international arbitration/mediation. (d) Steep Rise Ltd v Attorney-General Notable matters included: [2020] SGCA 20 – The Advocacy Group and the IAD successfully (a) First Singapore International opposed an appeal to the Court Mediation Centre (“SIMC”) of Appeal relating to the Mutual mediation – Appositely for the year Assistance in Criminal Matters Act the UN Convention on International (“MACMA”). The Advocacy Group Settlement Agreements Resulting will expand its role in contentious from Mediation was signed in MACMA matters in 2020. Singapore, the Advocacy Group represented Government in an The Advocacy Group also co-organised international commercial mediation the “Train the Trainers” event with the in Seoul under the SIMC’s Arb-Med- AGC Academy, coming up with case Arb procedure. materials and playing a role in the event’s smooth running. (b) POFMA – The Advocacy Group worked with several Ministries to As at 31 December 2019, there were advise on the first case in which seven LSOs in the Advocacy Group. POFMA was invoked. The Advocacy Group continues to form part of the Kristy Tan Ruyan (Ms) AGC’s cross-divisional team set up to Senior Director handle POFMA cases. Advocacy Group Attorney-General’s Chambers 12 SINGAPORE LEGAL SERVICE

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Programme designed to support LSOs’ AGC Academy transition from an individual contributor The Academy is dedicated to serving to one who has leadership responsibilities the AGC’s professional and leadership and influence in the organization. Two training and Knowledge Management runs of the programme were completed (“KM”) needs. Following the success of in 2019. the inaugural Public Sector Legal Forum (“PSLF”) in 2018 that brought together The Academy increased the publishing Legal Branch LSOs and in-house lawyers frequency of its KM bulletins from in Ministries and statutory boards, the fortnightly to weekly. These bulletins Academy launched the PSLF Seminar capture notable local and foreign Series in 2019 to provide a continuing judgments and key legal developments. platform for public sector lawyers to The Academy also supported the KM discuss legal issues affecting AGC and features in AGC’s upcoming Intelligent the public sector. The Academy also Workspace. established the Public Counsel Legal Network to provide a further channel for The Academy contributed a country networking and collaboration between report to the 2019 Global Review of AGC and other public sector agencies. Constitutional Law, and two articles to Access to the AGC’s intranet portal, the Singapore Academy of Law Journal. Portia, was granted to Legal Branch LSOs, allowing them access to valuable KM As at 31 December 2019, there were five material, guidelines and templates. LSOs in the Academy.

As part of its new Leadership Hui Choon Kuen Development Architecture developed Dean in partnership with the Civil Service AGC Academy College, the Academy launched a Attorney-General’s Chambers two-week Foundational Leadership 2019 IN REVIEW 13

THE LEGAL BRANCH

to leverage upon the latter’s institutional Legal Technology & and experiential knowledge with guided Innovation Office service delivery to automatically generate the Conditions of Contract for the Established in 2017, the LTiO formulates procurement of goods or services. This effective ways of leveraging technology application was well received and resulted across the AGC, empowers the AGC’s in significant time savings. officers to use technology more effectively, supports future management decisions The LTiO also worked together with on strategic technology investments and other AGC divisions on a variety of helps foster a culture of innovation within projects, including an application that the AGC. was developed in-house to assist with the creation of the table of contents for court In 2019, the LTiO focused on two key bundles. Further, the LTiO continued areas in which the legal industry can to be involved with the development of benefit from technology. First, through Intelligent Workspace, an end-to-end its Review Lab, the LTiO explored digital workspace that will serve most of the use of text analytics and advanced the AGC’s legal work needs. processing technologies for the effective review of large volumes of information. As at 31 December 2019, there were In this regard, the LTiO assisted in two LSOs in the LTiO. developing a smarter search engine utilizing Natural Language Processing Vikneswaran s/o Kumaran techniques to allow LSOs to effectively Senior Assistant Director search an underutilized data resource. Legal Technology & Innovation Office Second, under the ambit of its Service Attorney-General’s Chambers Lab, the LTiO worked together with the Civil Division, utilising an expert system 14 SINGAPORE LEGAL SERVICE

THE LEGAL BRANCH

(c) Public Prosecutor v Ng Kheng Crime Division Wah and others [2019] SGDC In 2019, the Crime Division continued 249 was the first prosecution to advance the public interest through under Regulation 5(a) of the fair and independent prosecutions. In United Nations (Sanctions – addition, we assisted the courts to develop Democratic People’s Republic of sentencing frameworks, and provided Korea (“DPRK”)) Regulations feedback on the Criminal Law Reform 2010. The offender, through a Act 2019. company, supplied prohibited luxury goods with a total value (1) High-Profile Prosecutions exceeding $6 million to the DPRK. The offender pleaded (a) In Public Prosecutor v Ahmed guilty and was sentenced to 34 Hussein Abdul Kadir S/O Sheik months’ imprisonment, and the Uduman (SC-908340-2019, company was fined $880,000. unreported), the offender was the first Singaporean to be prosecuted (d) Public Prosecutor v BSR under section 4(a) of the Terrorism [2019] SGHC 64 was the first (Suppression of Financing) Act prosecution under the Prevention for donating money to a known of Human Trafficking Act for radical preacher. The offender spousal trafficking. The offender pleaded guilty and was sentenced forced his wife to prostitute to 30 months’ imprisonment. herself, and sexually abused his 6-year-old daughter and 13-year- (b) In Public Prosecutor v Khoo old niece. He pleaded guilty and Kwee Hock Leslie [2019] SGHC was sentenced to 25.5 years’ 215, we successfully prosecuted imprisonment, 24 strokes of the the offender in the “Gardens by the cane and fined $12,000. The Bay murder”. He was convicted offender has appealed against the of murder and sentenced to life sentence. imprisonment. 2019 IN REVIEW 15

THE LEGAL BRANCH

(e) In Public Prosecutor v Zkert (2) Sentencing Frameworks Developed M Rushdi [2019] SGDC 243, we prosecuted, for the first time, (a) In BPH v Public Prosecutor a foreigner based overseas who and another appeal [2019] 2 had set up shell companies and SLR 764, the Court of Appeal corporate bank accounts in (“CA”) held that the Pram Singapore to launder money. The Nair sentencing framework is Russian offender was convicted applicable to all forms of sexual after trial and sentenced to 88 assault by penetration. months’ imprisonment. He has appealed against his conviction (b) In Low Song Chye v Public and sentence. Prosecutor and another appeal [2019] 5 SLR 526, the High (f) TheSkillsFuture scam involving Court (“HC”) adopted a two- about $40 million was the largest step sentencing framework for case of fraud perpetrated against voluntarily causing hurt, based a public institution in Singapore. on the Public Prosecutor v BDB We worked closely with the [2018] 1 SLR 127 sentencing Singapore Police Force to bring framework for voluntarily causing the syndicate members to book. grievous hurt. As at 31 December 2019, 17 syndicate members have (c) In Ye Lin Myint v Public been charged. Seven syndicate Prosecutor [2019] SGHC 221, members have pleaded guilty, the HC developed a harm- mainly to money-laundering culpability sentencing matrix offences, and have been sentenced for criminal intimidation by to imprisonment. anonymous means. 16 SINGAPORE LEGAL SERVICE

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(3) Other Important Decisions (e) In Public Prosecutor v Soh Chee Wen and another [2019] (a) In Adili Chibuike Ejike v Public SGHC 235, the HC held that the Prosecutor [2019] 2 SLR 254, Prosecution has the right to assert the CA clarified that the element litigation privilege in criminal of possession involves an inquiry proceedings. into knowledge, and restated the elements of wilful blindness. (4) Other Initiatives

(b) In BLV v Public Prosecutor (a) Development milestones have [2019] SGCA 62, the CA been drawn up to enable enhanced the accused’s sentence to prosecutors to better understand take into account his abuse of the the skill sets, work assignments court process by colluding with and professional training that a witness. they should be exposed to at different stages of their career (c) In Gursharan Kaur Sharon development. Rachael v Public Prosecutor (CA/CM 19/2019, unreported), (b) The State Prosecuting Officers the CA held that corruption of (“SPO”) Scheme was enhanced a foreign public official is an to widen the scope of cases aggravating factor, having regard which SPOs can prosecute and to Singapore’s obligations under the mentions which they may the United Nations Convention attend on behalf of the Public Against Corruption. Prosecutor.

(d) In Ramesh a/l Perumal v Public As at 31 December 2019, there were Prosecutor and another appeal 215 LSOs in the Crime Division. [2019] 1 SLR 1003, the CA stressed the importance of the Kow Keng Siong, Tan Kiat Pheng Prosecution developing a unified & Lee Lit Cheng (Ms) case theory. The CA also held Chief Prosecutors that a person holding a quantity Crime Division of drugs with the intention of Attorney-General’s Chambers returning it to the person who originally deposited them, would not be trafficking in those drugs. 2019 IN REVIEW 17

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(a) maritime boundary negotiations; International Affairs Division The IAD advances and protects (b) trade-related negotiations such as the Singapore’s interests as legal advisors to Regional Comprehensive Economic Government, negotiators at international Partnership, and United Nations meetings, and advocates in international Commission on International Trade disputes. Law Working Group III on Investor- State Dispute Settlement Reform; The IAD advised Ministries and statutory boards on a broad spectrum (c) defending Singapore’s human rights of international law issues, including record at the 42nd Regular Session of on the introduction of standardised the United Nations Human Rights packaging of tobacco products in Council; Singapore, and on measures to reduce the consumption of sugar-sweetened (d) negotiations on a Code of Conduct beverages in Singapore. The IAD also in the South China Sea, which advised on the Basel Convention on the reached a milestone in July 2019 with Control of Transboundary Movements the completion of the first reading of of Hazardous Wastes and Their Disposal, the single draft negotiating text; and resulting in the successful repatriation of waste shipments from Singapore to the (e) climate change negotiations, which appropriate countries. On the bilateral led to the overarching decisions of front, the IAD advised on issues relating the United Nations Climate Change to Singapore’s maritime and air space, Conference COP 25. Singapore’s rights under the Water Agreement with Malaysia, and transport IAD officers also represented Singapore projects such as the Rapid Transit System. as a third party in several World Trade Organisation disputes, namely, the United The IAD was involved in a number States of America-China dispute on of international negotiations in 2019, tariffs, the Qatar-United Arab Emirates including: and Qatar-Saudi Arabia trade and security disputes, and the Appellate Body proceedings involving Australia’s tobacco plain packaging measures. 18 SINGAPORE LEGAL SERVICE

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The IAD cooperated with international authorities in various mutual legal Civil Division assistance and extradition matters, The Civil Division (“Division”) is including the arrest and extradition of Government’s primary legal advisor. In a fugitive wanted for one of the largest 2019, the Division rendered advice on fraud and money laundering schemes in Government’s digitalisation initiatives the United States of America. including the Networked Trade Platform and National Digital Identity, and major The IAD profiled Singapore’s thought procurements such as the Robotics leadership through speaking engagements Process Automation Services tender. such as the 113th Annual Meeting of the The Division also advised on data American Society of International Law. protection and governance issues, as well The IAD also actively supported the as matters relating to the POFMA and development of international law expertise the Electronic Transactions Act. through events such as the ASEAN Law Academy 2019 Changemaker Programme. The Division conducted comprehensive Additionally, the IAD’s Treaties Section training for public sector officers by way published a Treaty Handbook and of the Know the Law Seminar in May conducted talks for Government agencies 2019 and the Public Procurement on the treaty-making process. Conference in July 2019.

As at 31 December 2019, there were Notable litigation matters handled by 43 LSOs in the IAD. the Division include:

Daphne Hong Fan Sin (Ms) (a) Attorney-General v Ong Wui Teck Director-General [2019] SGHC 30 – The High Court International Affairs Division accepted that the respondent should Attorney-General’s Chambers be committed for contempt of court for making abusive allegations attacking a High Court Judge and the Supreme Court in affidavits filed in an application to disqualify the Judge from hearing certain legal proceedings. 2019 IN REVIEW 19

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(b) Ong Ming Johnson and others As at 31 December 2019, there were v Attorney-General (HC/OS 59 LSOs in the Division. 1114/2018, unreported) – The Attorney-General defended David Chong Gek Sian Government against constitutional Chief Counsel challenges to section 377A of the Civil Division Penal Code brought by three Attorney-General’s Chambers applicants. This case involves Articles 9, 12 and 14 of the Constitution.

(c) Re Asia Development Pte Ltd Legislation Division [2019] SGHC 181 – The Attorney- General was successful in canvassing The LEGIS is the central law drafting the Carltona principle in relation to office and keeper of the Singapore Statute a decision by the Chief Tax Policy Book. LEGIS provides law drafting Officer not to allow the Additional and legislative consultancy services to Buyer Stamp Duty to be repaid to the Government and all public sector agencies applicant. The High Court expressly (including Town Councils). LEGIS also endorsed the Carltona principle, provides free online access to Singapore which allows the Minister’s powers legislation through its Singapore Statutes and duties to be exercised under his Online website. authority by responsible officials of his department. In 2019, 37 Bills (2,133 pages) were drafted for introduction in Parliament. (d) Tan Liang Joo John v Attorney- The Bills covered subjects ranging from General [2019] SGHC 263 – The establishing the new CareShield Life and Attorney-General successfully opposed ElderShield schemes, preventing electronic an application for a declaration that communication of false statements of fact the applicant was not disqualified under the POFMA, criminal law reform from standing for elections under to keep up with technological changes Article 45(1)(e) of the Constitution, and enhance protection for minors and notwithstanding his conviction for vulnerable victims, to establishing the an offence of scandalising contempt, Singapore Food Agency. LEGIS also for which he was sentenced to a fine drafted 902 pieces of subsidiary legislation of $5,000. (totalling 4,634 pages) and saw an increase in the legal complexity of work, with 4,286 pieces of advice rendered, a 75% increase from 2018. 20 SINGAPORE LEGAL SERVICE

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LEGIS continued the “Plain Laws LEGIS has continued to support its Understandable by Singaporeans” officers and external stakeholders with initiative (started in 2013), releasing training. LEGIS ran an in-house training a short video entitled “Introduction to with a Law Revision Specialist from Singapore Legislation” to give an overview Canada to discuss law revision issues of Singapore legislation and how legislation to achieve greater consistency. LEGIS is made. also collaborated with the Civil Service College to hold a proofreading course LEGIS also continued the universal for its officers to enhance the accuracy of revision of all Acts, simplifying and published legislation, and run the Law modernising the text, and working on Making and Policy course and Legislative providing a more comprehensive and Drafting Course for stakeholders. user-friendly legislative history. As at 31 December 2019, there were To enhance its work processes, LEGIS 31 LSOs in LEGIS. commissioned a pilot use of text-to- speech technology. A proof-of-concept Jeanne Lee Ming En (Ms) software has been developed to facilitate Chief Legislative Counsel the two-way reading process for Legislation Division proofreading draft legislation. Attorney-General’s Chambers

LEGIS also expanded the scope of its in-house publication, publishing 100% of subsidiary legislation in-house since 1 February 2020. In-house publication has allowed LEGIS to publish legislation (regardless of length or complexity) with a more streamlined process and shorter timelines, giving our clients greater flexibility. All Bills are typeset and prepared in-house. MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES 22 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

Legal Service Officers (“LSOs”) may be Competition and Consumer Commission posted to Ministries as representatives of Singapore, the Defence Science and of the Attorney-General to undertake a Technology Agency, the Economic wide range of legal work. The current Development Board, the Health Sciences Ministries are: Communications and Authority, the Inland Revenue Authority Information; Culture, Community and of Singapore, the Insolvency and Public Youth; Defence; Education; Finance; Trustee’s Office, the Intellectual Property Health; Home Affairs; Law; Manpower; Office of Singapore, the Land Transport National Development; and Social and Authority, the Singapore Land Authority, Family Development. In these roles, LSOs the Legal Aid Bureau, the Majlis Ugama provide legal advice, draft and vet legal Islam Singapura, the Monetary Authority documents, and assist in the review and of Singapore, the National Environment drafting of legislation. They may also hold Agency, the Personal Data Protection leadership or management positions and Commission, the Singapore Medical be involved in the formulation of policies Council, the Syariah Court and the Office and the administration of finances and of the Public Guardian. A senior LSO personnel within the Ministries. usually assumes primary responsibility for the administration and management LSOs may also be posted to Legal Service of these organisations or departments, departments or seconded to statutory while LSOs in these organisations boards/statutory bodies and key public or departments implement the institutions such as the Accounting and legislation and policies falling within Corporate Regulatory Authority, the the ambit of that organisation Commercial Affairs Department, the or department. 2019 IN REVIEW 23

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In the area of operations law support Ministry of Defence for the SAF, MLS was invited by SAF for The Ministry of Defence (“MINDEF”) the first time to participate in Exercise Legal Services Department (“MLS”) Forging Sabre (XFS), an SAF integrated provides legal support to MINDEF, strike exercise held in Idaho, United States, the Singapore Armed Forces (“SAF”), where our legal officers provided legal and MINDEF-related organisations. advice on targeting issues to the integrated MLS is headed by the Director, Legal strike team. Other major legal work Services, who is concurrently appointed included reviewing the SAF Rules of by the Armed Forces Council as Director Engagement and doctrine papers with Legal Services and the Chief SAF Higher HQ departments. Military Prosecutor of the SAF. She is also the Chief Operations 2019 continued to be another busy year Law Advisor. for the MLS international law team. MLS supported MINDEF with the negotiations In 2019, MLS marked its 50th anniversary for and drafting of the extension of the with a commemorative lunch attended by 1990 Memorandum of Understanding its legal pioneers, including Mr Tan Lian Regarding United States Use of Facilities Ker and Mr Richard Magnus. in Singapore as well as the conclusion of the treaty with Australia on military On the legal work front, MLS was heavily training facilities in Shoalwater Bay and engaged with the management of cases Greenvale, and a new memorandum of involving death of servicemen in the course understanding between Singapore and the of SAF training. This included legal support United States for a training detachment for the committees of inquiry, advising facility in Guam. on compensation-related issues and preparation of public and parliamentary As at 31 December 2019, there were releases. MLS also undertook military 11 LSOs in MLS. prosecutions of servicemen who had committed breaches of their duties, Teoh Ai Lin (Ms) including the two servicemen involved Director in the death of CFC(NS) Aloysius Pang. Legal Services Department Ministry of Defence & Singapore Armed Forces 24 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

Defence Science and Ministry of Law Technology Agency The International & Advisory Group The Defence Science and Technology (“IAG”) and Legal Policy Group (“LPG”) Agency (“DSTA”), a statutory board at the Ministry of Law (“MinLaw”) play a under the Ministry of Defence, harnesses critical role in upholding the rule of law, and leverages science and technology, and advancing access to justice and ensuring a provides technological and engineering sound, progressive legal framework. support to meet the defence and national security needs of Singapore. Its primary The IAG comprises the International roles and functions include the design, Legal Division (“ILD”) and Policy development, acquisition and integration Advisory Division (“PAD”). The ILD of platform and weapons systems, as well as advances Singapore’s interests through operations and support management. the development and implementation of progressive international legal policy. The Legal Department (“LD”) provides In 2019, the ILD participated in bilateral legal and policy advice to the DSTA and negotiations with international partners its subsidiaries on matters concerning and international negotiations on procurement, intellectual property, multilateral instruments across a range building infrastructure and estate and of issues, from international criminal facilities management. The LD also cooperation to the completion of the advises on general contractual issues, data Hague Judgments Convention and the protection and human resource matters. establishment of the United Nations Commission on International Trade Law The LD’s key initiatives in 2019 included Academy in Singapore. The ILD was also contracting and legal documentation involved in lobbying for the Singapore for the Singapore Defence Tech Summit Convention on Mediation (“SCM”) and 2019, and contributing content for a organising the SCM Signing Ceremony legal module as part of DSTA’s e-learning and Conference, including organising initiative. the programme and speakers, a Ministerial roundtable, and preparing As at 31 December 2019, one LSO was for bilateral calls. seconded to the DSTA.

Douglas Chi Qiyuan Director Legal Department Defence Science and Technology Agency 2019 IN REVIEW 25

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

The PAD provides legal support and • Criminal Procedure Code (“CPC”) expertise to policy departments on (Amendment) Act: These amendments legislation, policy and law reform matters. refined our laws on criminal procedure The policy areas that the PAD helps to and built on wide-ranging changes to support and drive include legal industry the CPC in 2018. policy and regulation, land matters, intellectual property, and community • Protection from Online Falsehoods legal services, including insolvency and and Manipulation Act 2019 restructuring. In 2019, the PAD’s projects (“POFMA”): This landmark Act included the implementation of the provided levers to counter online Unclaimed Money Fund framework under falsehoods and the misuse of online the Legal Profession Act, the introduction accounts and bots. of the SCM into domestic legislation and the development of subsidiary legislation • Protection from Harassment under the Insolvency, Restructuring and (Amendment) Act: These amendments Dissolution Act 2018. The PAD also streamlined court processes for worked with stakeholders to conduct victims of online bullying and SCM training and capacity-building harassment and introduced a new workshops for foreign governments. offence of doxxing.

The LPG comprises the Civil & Legislative • Supreme Court of Judicature Division and the Criminal Policy Division. (Amendment) Act: This Act The LPG ensures that the rule of law is introduced reforms to the civil justice upheld by vetting all Government Bills for system and created a new Appellate legal policy issues before introduction in Division of the High Court. Parliament. The LPG also steers legislative reforms to civil, criminal, family and As at 31 December 2019, there were community-related laws. In 2019, the 32 LSOs in MinLaw. LPG introduced five bills spanning a wide range of areas: Joan Janssen (Mrs) Director-General • Criminal Law Reform Act: Major (International & Advisory) amendments to the Penal Code under Ministry of Law this Act ensured that our laws kept pace with crime trends and social Tammy Low Wan Jun (Ms) mores, and enhanced protection for Director-General vulnerable victims. (Legal Policy) Ministry of Law 26 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

The Bureau also worked on three Legal Aid Bureau digitalisation projects, namely: The Legal Aid Bureau (“the Bureau”) provides legal advice and assistance (a) the Intelligent Legal Assistance Bot, and court representation for persons of a chatbot which provides tailored legal limited means in civil matters. In 2019, information to users; the Bureau handled about 9,500 applications for legal aid, advice and (b) the Divorce Asset Informative Division assistance, supported by 200 Assigned Estimator which provides an estimate Solicitors from private practice and on a divorcing party’s likely share of 11 Volunteer Assistant Directors of the matrimonial assets; and Legal Aid. (c) the Applicant Portal which enables the The Bureau also took on 123 complex Bureau’s applicants to transact with the civil, family and Syariah court cases Bureau online. in-house, which ranged from contested ancillary matters, to appeals and medical Lastly, amendments to the Legal Aid and negligence cases. Advice Act were passed in Parliament in November 2018 and these came into The Bureau underwent a transformation force in two phases: on 31 May 2019 to exercise in 2019, to increase its efficiency, improve the administration of legal aid; upskill its legal executives, and develop and on 16 October 2019 to simplify the the Bureau’s internal operations means criteria for legal aid and provide policy, strategic planning as well as data greater flexibility to assist applicants who analytics capabilities. It also launched do not meet the criteria. the Specialist Legal Executive scheme under which four of our legal executives As at 31 December 2019, there were who are not qualified persons under the 21 LSOs in the Bureau. Legal Profession Act, were trained and gazetted to give legal advice and attend Lim Hui Min (Ms) court hearings for certain types of Director uncontested divorce cases. Legal Aid Bureau 2019 IN REVIEW 27

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

Together with the Attorney-General’s Insolvency and Public Chambers, the Ministry of Law and the Trustee’s Office Supreme Court, the LSOs continued work on over 50 pieces of subsidiary legislation The Insolvency and Public Trustee’s needed to implement the Insolvency, Office (“IPTO”) is headed by the Official Restructuring and Dissolution Act 2018 Assignee, who is concurrently the Official that was targeted to commence in the Receiver, Public Trustee, and Registrar first half of 2020. of Moneylenders and Pawnbrokers. The LSOs in IPTO advise on legal issues in The LSOs provided legal support for administering insolvencies and trusts, amendments to the Moneylenders Rules and in regulating moneylenders and and related Registrar’s Directions in pawnbrokers. The LSOs also conduct July/August 2019. These reforms civil litigation before the High Court introduced further safeguards to stem and prosecutions in the State Courts. the increase in lending to foreigners. Significant prosecutions included Public In 2019, IPTO underwent a reorganisation. Prosecutor v Tan Teck Leng (DSC A new division, headed by an LSO, 900168/2019 and another, unreported), was established to perform the new where a loan officer was convicted statutory role of licensing and regulation and sentenced to a fine of $8,000 for of insolvency practitioners in Singapore. knowingly giving false information to A business excellence unit was also set up an authorised officer of the Registry of to drive innovation, enhance productivity Moneylenders. and strengthen partnerships. To continually engage its stakeholders, IPTO hosted key As at 31 December 2019, there were events like the 2nd INSOL Legislative and seven LSOs in the IPTO. Regulatory Colloquium, 3rd Insolvency Stakeholders’ Lunch and Voluntary Tan Boon Heng Welfare Organisations Workshop. Official Assignee & Public Trustee and Registrar of Moneylenders & With the LSOs’ assistance, IPTO Pawnbrokers significantly reduced the number of Insolvency Office, Public Trustee’s Office undischarged bankrupts from a high and Registries of Moneylenders & of 17,838 in 2017 to 11,721 in 2019, Pawnbrokers giving them a new financial start. A cutting-edge electronic Insolvency Case Management Platform was launched on 28 October 2019, digitalising bankruptcy administration. 28 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

The Legal Division’s work includes: Singapore Land Authority The Singapore Land Authority (“SLA”) (a) drafting State land tenancy agreements is responsible for the management and for innovative uses and revenue-sharing optimisation of State land. It provides the models; land titles and boundaries infrastructure for secure property transactions. SLA (b) drafting memoranda of understanding also drives the use and development to facilitate collaboration between SLA of geospatial information science and and geospatial partners; and technology. (c) reviewing legislation affecting State SLA administers the Residential Property land, including the State Lands Act (“RPA”) and reviews policies on Encroachments Act. foreign ownership of landed residential property in Singapore. It was announced As at 31 December 2019, three LSOs that listed housing developers with a were seconded to the SLA. substantial connection to Singapore can apply for an exemption from the Bryan Chew Chee Wan Qualifying Certificate (“QC”) regime. Assistant Chief Executive This will better align the QC regime to (Legal and Regulatory) and the RPA’s objectives. Registrar of Titles & Deeds Singapore Land Authority Arising from Smart Nation initiatives, SLA Legal Division advised on whole-of- government projects, such as the review of the Electronic Transactions Act and the creation of an electronic portal allowing SLA to issue, on behalf of participating public agencies, licences for the use of State land. 2019 IN REVIEW 29

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

As testament to its achievements, the Intellectual Property Office IPOS was ranked second in the World of Singapore Trademark Review’s study of the world’s most innovative IP offices, and assumed The Intellectual Property Office of pole position in Asia. Singapore also Singapore (“IPOS”) is a statutory board maintained its position as one of the under the Ministry of Law. The IPOS most innovative economies in the world leverages Singapore’s intellectual property and top in Asia in the 2019 Global (“IP”) expertise and networks to drive Innovation Index. Singapore’s future growth. As at 31 December 2019, three LSOs In a show of Singapore’s commitment were seconded to the IPOS. to multilateralism, international cooperation and inclusive development, Daren Tang Heng Shim the IPOS’ Chief Executive was Chief Executive nominated by Government for the 2020 Intellectual Property Office of Singapore World Intellectual Property Organisation Director General elections. This is the first time that the Singapore Government has nominated anyone for the leadership position of a United Nations agency.

Singapore also deepened its connectivity to the global economy with the entry into force of the European Union- Singapore Free Trade Agreement and the text-based conclusion of the Regional Comprehensive Economic Partnership. The comprehensive IP chapters in these agreements will increase harmonisation and encourage global investment in intangible assets. 30 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

In 2019, the LD provided legal support Ministry of Home Affairs to ensure the smooth setting up of the The Legal Division (“LD”) of the Ministry Home Team Science and Technology of Home Affairs (“MHA”) renders legal Agency, and the seamless transfer of advice on a range of operational and relevant assets, contracts and staff from policy matters to the divisions within the MHA to the new agency. The LD the MHA and its Home Team agencies, also advised on legislative changes such as including the Singapore Police Force, the amendments to the Fire Safety Act, the Singapore Civil Defence Force, Misuse of Drugs Act, and the Home Affairs the Singapore Prison Service and the Uniformed Services Superannuation Act. Immigration and Checkpoints Authority. The LD also undertakes transactional In 2019, an LSO was also seconded from legal work, and assists to draft and review the AGC to the MHA’s Policy Development contractual agreements, and memoranda Division (“PDD”), where she undertook of understanding between Home Team policy work in the areas of human rights agencies and its stakeholders, or with and criminal justice. foreign counterparts. As at 31 December 2019, there were In addition, the LD provides legal seven LSOs in the LD and one LSO in and administrative support in the the PDD. administration of the Criminal Law (Temporary Provisions) Act. It assists the Tan Wen Hsien (Ms) Minister for Home Affairs in assessing Senior Director the sufficiency of evidence in support of Legal Division detention and police supervision orders Ministry of Home Affairs issued thereunder, and performs the functions of a secretariat for the Criminal Law Advisory Committees. 2019 IN REVIEW 31

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

CAD set up the Anti-Scam Centre in Commercial Affairs 2019 to identify and freeze bank accounts Department, of money-mules and implement anti- Singapore Police Force scam initiatives in collaboration with e-Commerce sites like Carousell. CAD The Commercial Affairs Department and OCBC Bank launched Project (“CAD”) is Singapore’s principal white- POET (Production Orders – Electronic collar crime enforcement agency and the Transmission), a secure platform for SPF’s staff authority for all commercial banks to provide CAD with key banking crimes investigations. The CAD is also information in machine-readable format in charge of the Suspicious Transaction within one working day (instead of 90 Reporting Office (“STRO”), Singapore’s days). Riding on its success in organising Financial Intelligence Unit. the Grants Forum with the Inland Revenue Authority of Singapore, In 2019, CAD investigated an employee CAD was appointed the investigative of the Singapore subsidiary of Wirecard domain lead in the Grants Management AG, a German public-listed payment Committee, which aims to raise service provider, for forging contracts and capabilities in grants management across round-tripping transactions. CAD also the public service. investigated a lawyer, Jeffrey Ong, who absconded after $33 million went missing As at 31 December 2019, one LSO was from his firm’s client account. The suspect seconded to the CAD. was returned to Singapore within 10 days with help from the Royal Malaysia Police. David Chew Siong Tai Director Commercial Affairs Department Singapore Police Force 32 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

The Civil Advisory and Legislation Ministry of Manpower Branch rendered 269 pieces of legal advice With a strength of 52 officers, the Legal and drafted and vetted 125 contractual Services Division (“LSD”) of the Ministry agreements. It also worked with AGC on of Manpower (“MOM”) conducts two notable areas: first, the amendments criminal prosecutions, renders legal to improve the claims process and advice, adjudicates on work injury claims enhancements to protection for injured and administers the financial penalty employees under the Work Injury frameworks under the Employment of Compensation Act (“WICA”) which Foreign Manpower Act (“EFMA”) and the were passed in Parliament, and second, Employment Act (“EA”). a successful outcome for MOM in the first case which was appealed to the High In 2019, the Prosecution Branch handled Court under the POFMA – Singapore an increase of 25.2% of cases from 2018 Democratic Party v Attorney-General and achieved several firsts. These included [2020] SGHC 25. an appeal to the High Court which set a custodial sentence as the benchmark for The Adjudication Branch assessed 1,020 cases of false declarations in work pass cases under the EFMA and EA and applications under section 22(1)(d) of adjudicated 113 cases under the WICA. the EFMA – Chiew Kok Chai v Public It has also commenced pilot programmes Prosecutor [2019] 5 SLR 713; obtaining in harnessing technology to improve the custodial sentences under section 10(1) adjudication process, such as Speech- of the EFMA for self-employed foreigners to-Text recognition and e-Investigation engaged in an illegal subletting business Papers. – Public Prosecutor v Yu Dajun and Yin Haibo (MAC 906996 and 906798 As at 31 December 2019, there were of 2019, unreported); and prosecuting five LSOs in the LSD. an Authorised Examiner who had failed to exercise due diligence in certifying Alvin Koh Meng Sing 14 scissors lifts safe for use under the Chief Legal Officer and Workplace Safety and Health Act – Public Divisional Director Prosecutor v Tan Juay Pah (DSC 900638 Legal Services Division of 2017 & others, unreported). Ministry of Manpower 2019 IN REVIEW 33

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

As at 31 December 2019, there were six Ministry of Education LSOs in the LSB. The Legal Services Branch (“LSB”) of the Ministry of Education (“MOE”) provides Cheryl Siew May Yee (Ms) legal services to the various divisions at the Director MOE Headquarters and to Government Legal Services Branch schools. The LSB advises on matters such Ministry of Education as the MOE’s regulatory powers under the Education Act and the Compulsory Education Act, the implementation of existing or intended education policies, Ministry of National as well as on contracts, disciplinary Development matters, civil claims, and intellectual The Legal Services Unit (“LSU”) of property rights. The LSB also actively the Ministry of National Development manages disputes arising from personal (“MND”) provides legal advice to MND injury-related claims, as well as those arising in support of MND’s vision to make from day-to-day school operations, such as Singapore an endearing home and a custody and family law issues. distinctive global city.

In 2019, the LSB advised the MOE on In 2019, the LSU rendered advice on several aspects of the Uplifting Pupils in a diverse range of issues including land Life and Families Taskforce Programme, use planning, housing, infrastructure which aims to support students from development, municipal affairs, and disadvantaged families, for example, wildlife and greenery matters. The LSU through the provision of scholarships and also provided legal support on matters financial assistance. As part of a regular pertaining to the Town Councils, planning review, the LSB revised the templates for a issues arising from the Draft Master Plan variety of scholarship agreements managed 2019, statutory appeals made to MND, by MOE. Other notable matters included as well as assisting MND policy divisions structuring and drafting the funding in the reviewing of legislation under their agreements for the running of special purview, and in the issuance of statutory education schools, and the terms of the directions. In addition, the LSU also personal learning device bulk tender for the worked closely with MND’s statutory National Digital Literacy Programme. boards on the legal aspects of policy and operational matters.

On the transactions front, the LSU advised MND with regard to tenders and contracts, memoranda of understanding 34 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES with local and foreign institutions, tenancy (b) providing support in drafting and agreements and the issuance of licences for implementing recommendations of State land. Some significant transactional the MOH-appointed Workgroup matters which the LSU dealt with in to Review the Taking of Informed 2019 included amendments to the public Consent and the Singapore Medical sector conditions for construction works Council Disciplinary Process; and development agreements for major infrastructure projects. (c) conducting MOH’s first prosecution under section 23(2) of the As at 31 December 2019, there were two Infectious Diseases Act, where an LSOs in the LSU. individual infected with Human Immunodeficiency Virus (“HIV”) Crystal Ong Wai Mun (Ms) failed to comply with section 23(2) Director (Legal) requirements prior to engaging in Legal Services Unit sexual activity; Ministry of National Development (d) supporting ongoing civil and criminal proceedings, in both Singapore and the United States of America, in Ministry of Health relation to the unauthorised possession and disclosure of data from MOH’s The Legal Office (“LO”) of the Ministry HIV Registry; and of Health (“MOH”) provides a comprehensive suite of legal services (e) providing legal support for legislative, to MOH’s senior management and its enforcement and emergency divisions, including advising on policy procurement measures in connection development and review, assisting with MOH’s response to the with legislative reform and providing COVID-19 pandemic. transactional and litigation support. The LO also conducts criminal prosecutions As at 31 December 2019, there were on behalf of MOH. eight LSOs in the LO.

In 2019, significant matters in which Tan Sze Yao the LO was involved included: Director Legal Office (a) assisting in legislative work required Ministry of Health for the Tobacco (Control of Advertisements and Sale) (Amendment) Act 2019 and Healthcare Services Act; 2019 IN REVIEW 35

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

Singapore Medical Council Health Sciences Authority The Legal Division (“the Division”) of The Legal Department (“LD”) of the the Singapore Medical Council (“SMC”) Health Sciences Authority (“HSA”) provides advice to the SMC and various renders legal advice to the HSA’s Senior healthcare professional boards regulating Management and practice groups on a dentists, nurses, optometrists and opticians, wide variety of matters, including the pharmacists, allied health professionals regulation of the national blood supply, as well as traditional chinese medicine health products and tobacco. The LD practitioners. In 2019, it continued to performs advisory and transactional work, advise the various Councils on matters involving criminal, contract, tort and pertaining to professional conduct intellectual property law, and provides and ethics, registration, accreditation, support to HSA’s forensic experts who surveillance, investigation, procurement, testify at trial. legislation and policies. Further, the LD conducts criminal The Division’s work also includes prosecutions on behalf of the HSA for overseeing the conduct of inquiries contraventions of the Health Products before Disciplinary Tribunals and other Act, amongst others. In 2019, the LD Committees, as well as cases before the gave critical legal support to resolve the courts. In addition, the Division conducts issue involving the mishandling of HSA’s training and seminars for healthcare blood donor data. professionals. As at 31 December 2019, one LSO As at 31 December 2019, two LSOs was seconded to the HSA. were seconded to the SMC. Ruth Teng Xiaohui (Ms) Andrew Tan Shao Weng Director Director (Legal) and General Counsel Legal Department Singapore Medical Council Health Sciences Authority 36 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

family policies. The LSU also advised on Ministry of Social and the exercise of regulatory powers under Family Development the Early Childhood Development Centres Act 2017, which commenced on The Legal Services Unit (“LSU”) of the 2 January 2019, and on complex issues Ministry of Social and Family Development involving charities in the social service (“MSF”) provides essential legal services sector. Further, the LSU worked closely to support MSF in its function to develop with various policy and operational the “heartware” of Singapore through divisions of MSF on amendments to its policies, community infrastructure, the Children and Young Persons Act, programmes, and services. which were passed by Parliament on 4 September 2019. Apart from transactional work, the LSU advises MSF on matters including data As part of the LSU’s corporate social protection, statutory appeals to the responsibility efforts, funds were raised Minister and the administration of for the Assisi Hospice through the sale of legislation under MSF’s purview, such as hand-made festive wreaths. the Women’s Charter, the Child Development Co-Savings Act, and the As at 31 December 2019, there were five Vulnerable Adults Act. LSOs in the LSU. In 2019, the LSU provided extensive legal Amy Tung Chew Ming (Ms) support to the Guardian-In-Adoption Director appointed in adoption proceedings and Legal Services Unit in MSF’s review of its adoption and Ministry of Social and Family Development 2019 IN REVIEW 37

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

Office of the Public Guardian, Ministry of Culture, Ministry of Social and Community and Youth Family Development The Legal Unit (“LU”) of the Ministry In order to streamline and enhance of Culture, Community and Youth operations at the Office of the Public (“MCCY”) provides legal services to Guardian (“OPG”), the Mental Capacity MCCY (including its autonomous Act (“MCA”) and the Mental Capacity agency, the National Youth Council) in Regulations were amended and came support of MCCY’s mission “Building into effect on 19 July 2019. The waiting Singapore’s Social Capital, Inspiring time before a Lasting Power of Attorney the Singapore Spirit, Together Making (“LPA”) may be registered was shortened Singapore Home”. from six to three weeks. The OPG forms were moved to the OPG’s website and In 2019, LU supported a number of hard copy LPAs were registered in an prominent Government initiatives, electronic form. These changes made it including: easier for the public to make, retrieve and use their LPAs. (a) the hosting of the inaugural International Conference on Cohesive As at December 2019, the OPG supervised Societies to drive global collective 2,880 active deputies, an 18.5% increase action; from 2018. Sixty-one Court reports were furnished under section 37 of the MCA (b) the establishment and administration compared to 50 in 2018. of the Bicentennial Community Fund;

The OPG received 28,790 LPA (c) the organisation of the annual applications in 2019, a 0.3% increase YOUTHx Festival; and from 2018. Forty Professional Deputies are registered with the OPG. (d) the commemoration of the 60th anniversary of Singapore’s state As at 31 December 2019, one LSO was symbols. seconded to the OPG.

Regina Chang (Ms) Public Guardian Office of the Public Guardian Ministry of Social and Family Development 38 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

The LU assisted in MCCY’s continued efforts to strengthen the charity and Syariah Court cooperative societies sectors. Notably, The Syariah Court (“SYC”) is constituted the LU worked closely with the Charities under the Administration of Muslim Law Unit on the issuance of Singapore’s first Act (“AMLA”) to adjudicate disputes suspension order under the Charities concerning marriage, divorce and related Act, as well as advised on the formulation matters between Muslim parties or parties of Codes of Practice for charities and married under Muslim law. new model by-laws for co-operative societies. The LSOs, appointed as Registrar and Deputy Registrar, carry out statutory The LU also provided extensive advice duties under the AMLA and the Muslim on MCCY’s citizen engagement projects Marriage and Divorce Rules. They oversee throughout 2019 and closely supported court operations and registry functions, Outward Bound Singapore’s expansion of provide legal support for policy and its capacity to provide outdoor adventure operational matters, review relevant training for students. legislation and work closely with the Presidents of the SYC on the practice of As at 31 December 2019, there were Muslim family law. The SYC collaborates three LSOs in the LU. with the Family Justice Courts and other government agencies such as the Legal Ang Ching Pin (Ms) Aid Bureau and the Housing & Director (Legal) Development Board to ensure high service Legal Unit standards and efficient court processes are Ministry of Culture, Community delivered to court users and the general and Youth public. 2019 IN REVIEW 39

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

In 2019, the LSOs were heavily involved in the SYC’s Business Process Majlis Ugama Islam Singapura Re-engineering Journey to transform The Majlis Ugama Islam Singapura it into a future-ready agency. This (“MUIS”) advises the President of involved a systemic review to support Singapore on all matters relating to Islam innovation and the use of technology. in Singapore and regulates mosques, Islamic The LSOs presented at, and the SYC education, madrasahs and charitable was a supporting partner of, the Family contributions, amongst other things. Law Conference 2019 and the Family Justice Practice Forum 2019. A review of In March 2019, the Legal Unit (“LU”) Registrar’s Circulars was also completed. of MUIS was established to provide legal advice on all matters within the purview As at 31 December 2019, there were of MUIS. In 2019, the LU rendered 289 two LSOs in the SYC. pieces of legal advice related to the drafting and vetting of contracts, memoranda Shahrinah Binte Abdol Salam (Ms) of understanding (“MOUs”), tenancy Registrar agreements, notices, affidavits and letters. Syariah Court & Registry of Muslim Marriages The LU conducted several educational Ministry of Culture, Community talks on Singapore law and the AMLA for and Youth MUIS officers. The LU also implemented a MUIS Legal Repository Database that can be accessed by the management of MUIS. The database captures legal advice previously rendered to MUIS by various agencies and templates of agreements, MOUs, and other legal documents previously approved in said advice.

As at 31 December 2019, one LSO was seconded to MUIS.

Shahla Iqbal (Mrs) Director (Legal) Majlis Ugama Islam Singapura 40 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

conferences relating to international Ministry of Communications cyber law. and Information As at 31 December 2019, there were The Legal Services Department (“LSD”) four LSOs in the LSD. of the Ministry of Communications and Information (“MCI”) provides legal advice Vanessa Yeo Xue Ying (Ms) and support to MCI’s senior management Director and divisions in the exercise of MCI’s Legal Services Department statutory and regulatory functions, as Ministry of Communications well as its policy deliberations involving and Information the statutory boards under its purview (namely, the Info-Communications Media Development Authority and the National Library Board). Data Innovation & Protection The LSD’s work covers a diverse Group, Info-communications range of issues. In 2019, the LSD was Media Development Authority actively involved in the enactment and operationalisation of the POFMA The proliferation of artificial intelligence and the Cybersecurity Act 2018. The (“AI”) and data analytics technology brings LSD supported MCI’s policy divisions benefits and new socio-economic issues. in administering other legislation The Data Information and Protection under MCI’s purview, including the Group (“DIPG”) enforces and administers Broadcasting Act and the Personal Data the Personal Data Protection Act 2012, Protection Act 2012. The LSD rendered and provides guidance on data-sharing to advice on a range of agreements (such enable industries to navigate the future as procurement contracts, funding data landscape in the digital economy. agreements, collaboration agreements and confidentiality agreements) and on The DIPG also gives guidance on the various areas of law (such as contract law, deployment of AI in organisations. intellectual property and data protection Singapore’s Model AI Governance law, administrative and constitutional Framework, which was the first in Asia, law, and statutory interpretation). The won a top award at the World Summit on LSOs in LSD also participated in several the Information Society Prizes 2019. 2019 IN REVIEW 41

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

A public consultation was conducted domestic and international taxation, on data portability and data innovation corporate governance and Government proposals as part of the review of the procurement, among others. The LD’s Personal Data Protection Act 2012. work supported various Government projects and initiatives, such as those As at 31 December 2019, two LSOs were arising from Budget 2019 (e.g., the seconded to the Info-communications SME Co-Investment Fund III which Media Development Authority. provides patient capital to small-medium enterprises in Singapore). Yeong Zee Kin Assistant Chief Executive In addition, the LD has taken on the Data Innovation & Protection Group function of administering the Boards of Info-communications Media Review constituted under the Income Development Authority and Tax Act, Goods and Services Tax Act Deputy Commissioner and Property Tax Act, with a view to The Personal Data Protection Commission ensuring that proceedings for each Board of Review are conducted effectively and efficiently. The LD also participated in and represented the MOF at the Ministry of Finance 10th Annual ASEAN Tax Conference 2019 in Bangkok, Thailand. In 2019, the Ministry of Finance (“MOF”) Legal Directorate (“LD”) As at 31 December 2019, there were expanded its scope of work, beyond its four LSOs in the LD. original remit and focus on tax-related advisory matters, to provide advisory Louis Ng Shi Zheng services to all MOF directorates on a wide Chief Legal Officer range of legal and policy issues. Over the Legal Directorate course of the year, the LD advised on Ministry of Finance issues relating to Government reserves and investments, Government finance, 42 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

The PD LSOs give legal advice on Accounting and Corporate and prosecute all breaches of ACRA- Regulatory Authority administered legislation. A noteworthy trial is the case of Public Prosecutor v The Accounting and Corporate Tan Hang Song [2019] SGDC 52, where Regulatory Authority (“ACRA”) is the the State Courts meted out the highest national regulator of business entities fine to-date, being a total fine of $113,400 and public accountants in Singapore. ($2,100 per charge) for 54 charges in Its mission is to provide a responsive relation to failures to hold an annual and trusted regulatory environment general meeting and failures to file annual for businesses, public accountants and returns. corporate service providers. The PD LSOs worked closely with the Senior LSO Mr Andy Sim, the Assistant Ministry of Finance and the Attorney- Chief Executive of the ACRA, supervises General’s Chambers in defending the the work of the LSOs seconded to the Ministry of Finance’s position in originating Legal Services Department (“LSD”) and summonses filed in the High Court by Prosecution Department (“PD”) in ACRA. 18 company directors who were disqualified. The PD LSOs also conduct The LSD LSOs provide legal advice on disciplinary inquiries against public ACRA-administered legislation, contractual accountants before the Disciplinary matters, dispute resolution, name Committees appointed by the Public complaints and cross-agency projects. The Accountants Oversight Committee. LSD reviewed the Companies Act and other ACRA-administered legislation. As at 31 December 2019, 11 LSOs The LSD also staffs the Secretariat to were seconded to ACRA. the Corporate Law Advisory Panel, an advisory panel to raise law reform issues Andy Sim Yock Ann and provide feedback on ACRA’s law Assistant Chief Executive reform proposals. Accounting and Corporate Regulatory Authority The LSD LSOs collaborated with the Monetary Authority of Singapore on the implementation of the Variable Capital Companies Act, and with the Ministry of Law on the implementation of the Insolvency, Restructuring and Dissolution Act. 2019 IN REVIEW 43

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

Inland Revenue Authority Competition and Consumer of Singapore Commission of Singapore The Inland Revenue Authority of In 2019, the Competition and Consumer Singapore (“IRAS”) is a statutory body Commission of Singapore (“CCCS”) under the Ministry of Finance. The Law continued with its mission of making Division of the IRAS (“LD”) provides markets work well. legal advice to the IRAS and represents the IRAS in tax litigation in relation to CCCS issued an infringement decision various tax types, including individual against a group of hotels (Capri by Fraser and corporate income tax, property tax, Changi City Singapore, Village Hotel goods and services tax and stamp duty. Changi, Village Hotel Katong, and Crowne Plaza Changi Airport Hotel) In addition, the LD prosecutes various for exchanging commercially sensitive tax-related offences such as goods and information relating to their corporate services tax fraud and tax evasion. It customers. CCCS also secured is also involved in the drafting of tax commitments from lift parts suppliers legislation arising from annual Budget Chevalier Singapore Holdings Pte Ltd announcements or other tax changes. and Fujitec Singapore Corporation Ltd Further, the LD provides corporate legal that would allow third-party lift support on matters including contract maintenance contractors to compete and procurement. effectively. CCCS successfully applied for a court injunction against the SG As at 31 December 2019, six LSOs Vehicles group of companies to desist were seconded to the IRAS. from misrepresentations relating to the delivery dates of motor vehicles and Tang Siau Yan bidding for Certificates of Entitlement. Chief Legal Officer CCCS also secured an undertaking from IRAS Law Division Charcoal Thai 1 restaurant to cease making Inland Revenue Authority of Singapore misleading representations regarding the duration of its discounts. 44 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

Four merger decisions were cleared, including the acquisition by Bread Economic Development Board Talk Group Limited of Food Junction The Economic Development Board Management Pte Ltd. A merger between (“EDB”) is a statutory body under the private clinical laboratories (i.e., Pathology Ministry of Trade and Industry. It is Asia Holdings Pte Ltd, Innovative responsible for strategies that enhance Diagnostics Pte Ltd and Quest Singapore’s position as a global centre Laboratories Pte Ltd) was also given for business, innovation and talent. conditional clearance after the parties committed to removing exclusivity The Legal Division (“Division”) primarily obligations and to supplying specified tests advises on tax incentives awarded in at fair, reasonable and non-discriminatory support of investments undertaken by prices and service standards. CCCS also companies in Singapore, and financial conducted a market study on the online incentives promoting research and travel booking sector in relation to drip development, training and productivity pricing, pre-ticked boxes, strike-through in Singapore. pricing and pressure selling, following which CCCS developed a set of guidelines The Division also advises on the EDB’s on price transparency for suppliers of all regulatory functions under the Control of consumer-facing industries. Manufacture Act and matters relating to property, data protection, procurement, CCCS signed a memorandum of human resource and contractual issues. understanding (“MOU”) with the Competition Bureau Canada, which covers In 2019, the Division oversaw the both competition and consumer protection transfer of DesignSingapore Council from laws. CCCS also signed an MOU with the the Ministry of Communications and Asian Law and Economics Association to Information to the EDB, and the transfer stimulate research on competition policy of the Overseas Singaporean Unit from and law in ASEAN. the Ministry of Culture, Community and Youth to the EDB. As at 31 December 2019, six LSOs were seconded to the CCCS. As at 31 December 2019, two LSOs were seconded to the EDB. Sia Aik Kor (Ms) Chief Executive Edrick Guo Zhixian Competition and Consumer Commission General Counsel of Singapore Legal Division Economic Development Board 2019 IN REVIEW 45

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

The Prudential Policy Department Monetary Authority of (“PPD”) drives the formulation of Singapore prudential standards for banks, finance companies and financial holding The Monetary Authority of Singapore companies. (“MAS”) is Singapore’s central bank and financial services regulator. In 2019, the PPD introduced amendments to the Banking Act, The Enforcement Department (“ENF”) including removing the requirement for is responsible for detecting, investigating banks to segregate their accounting books and taking enforcement actions against into the Domestic Banking Unit and breaches of laws and rules administered the Asian Currency Unit, and rationalising by MAS. merchant bank regulation. The PPD also developed the admission framework for In 2019, an ENF investigation resulted digital banks. MAS will issue up to five in the conviction of three individuals digital bank licences to non-bank players for a front-running arrangement that with innovative value propositions, generated $8.07 million in profits. They which will add diversity and choice to received imprisonment terms of 20 to Singapore’s banking system. 36 months, and prohibition orders of 13 to 15 years. MAS also entered into As at 31 December 2019, three LSOs an $11.2 million civil penalty settlement were seconded to the MAS. with a bank for deceptive trades by its client advisors. Peggy Pao Pei Yu (Ms) Executive Director and Department Head Enforcement Department Monetary Authority of Singapore 46 SINGAPORE LEGAL SERVICE

MINISTRIES, LEGAL SERVICE DEPARTMENTS AND STATUTORY BOARDS/STATUTORY BODIES

National Environment Agency Land Transport Authority The Legal Department (“LD”) of the The Land Transport Authority’s Legal National Environment Agency (“NEA”) Subgroup (“LTA Legal”) consists of three provides legal services to NEA in its divisions: (i) Public Transport/Construction/ mission to achieve a clean and sustainable Infrastructure; (ii) Prosecutions; and (iii) environment for Singapore, maintain high Vehicles/Technology. It is led by Winston standards of public health, and promote Cheng, General Counsel, supported by resource efficiency and conservation. The Paul Chia, Deputy General Counsel, and LD’s prosecutors also prosecute offences three Deputy Directors. under NEA’s laws. Major projects include rendering legal With 2019 being designated as “The Year advice on the construction of the towards Zero Waste”, the LD actively Thomson-East Coast MRT line, the supported NEA in its first Zero Waste Jurong Region MRT line and Singapore’s Masterplan. New legislation enacted first integrated transport corridor. Legal included the Resource Sustainability policies were also developed in respect Act 2019, to manage electronic waste, of new technologies on autonomous packaging waste and food waste. vehicles.

In 2019, the LD also supported NEA The key legislative projects that LTA in implementing the new Carbon Pricing Legal worked on include the Active Act, and designating the Orchard Road Mobility Act, the Point-to-Point Passenger precinct as Singapore’s first no-smoking Transport Industry Act, and the Road zone. Traffic (Amendment) Act, which vehicle- related offences the team prosecutes. As at 31 December 2019, two LSOs were seconded to the NEA. As at 31 December 2019, two LSOs were seconded to the LTA. Jeffrey Sim Mong Heng Director Winston Cheng Howe Ming Legal Department General Counsel National Environment Agency Land Transport Authority Legal Subgroup 2019 IN REVIEW 47

EDITORIAL COMMITTEE Ms Janice Wong (Chairperson) Ms Crystal Tan Huiling (Vice-Chairperson) Ms Joanne Leong Ms Karin Lai Mr Kenneth Ho Mr Kenny Kung Mr David Koh Yi-da Ms Loh Hui-min Mr Mark Yeo Ms Ng Jean Ting Ms Sarah Tan Ms Tan Yanying Mr Thiagesh Sukumaran

DEPARTMENT LIAISON OFFICERS Mr Elton Tan (Supreme Court) Ms Carrie Zheng (SLA) Mr Alexander Woon Ms Foo Fang Min (IPOS) (Office of the Chief Justice) Mr Kevin Ho (MHA) Mr Paul Quan (Singapore Judicial College) Mr David Chew (CAD, SPF) Mr Koo Zhi Xuan (State Courts) Mr Houston Johannus (MOM) Ms Wendy Yu (Family Justice Courts) Ms Joyce Lee (MOE) Ms Jamie Pang (Advocacy Group, AGC) Mr Terence Tan (MND) Ms Sarah Lam (AGC Academy, AGC) Ms Kerry Chan (MOH) Mr Vikneswaran Kumaran (LTiO, AGC) Ms Serene Seet (SMC) Ms Magdalene Huang & Ms Ramkumar Ms Alicia Teng (MSF) Pavithra (Crime Division, AGC) Ms Eunice Ng (MCCY) Ms Fu Quijun (IAD, AGC) Ms Ang Ching Hwei (MCI) Ms Lee Hui Min (Civil Division, AGC) Ms Larissa Lim (PDPC, IMDA) Mr Philip Ng (LEGIS, AGC) Ms Laura Lim (MOF) Mr Jared Navin Dass & Mr Roy Lim Mr Ramesh Ethan (ACRA) (MINDEF) Ms Lim Pei Ying (IRAS) Ms Jasmine Chin & Mr Timothy Seet Mr Michael Quilindo (CCCS) (MinLaw) Ms Then Ling (EDB) Mr Darren Chan (LAB) Ms Kok Shu En (MAS) Mr Sean Lee (IPTO) Mr Imran Abd Hamid (NEA)

LEGAL SERVICE COMMISSION SECRETARIAT Ms Jeanne Kuik Ms Joyce Loh Ms Agnes Goh LEGAL SERVICE COMMISSION 1 Supreme Court Lane, Supreme Court, Singapore 178879 website: www.lsc.gov.sg email: [email protected]