JUDICIARY TIMES - Issue 01
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This Paper Has Been Published in the Journal of Business Law and The
Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879, t: (65)-6332-1020 _________________________________________________________________________________________________ This paper has been published in the Journal of Business Law and the Supreme Court Library Queensland gratefully acknowledges the permission of the editor, Professor Robert Merkin, to reprint it in the Yearbook. A version of this essay was delivered at the Current Legal Issues Seminar in the Banco Court on 12 September 2013. I would like to express my deepest appreciation to Ms Andrea Gan and Mr Jonathan Yap, Justices’ Law Clerks, Supreme Court of Singapore, as well as to Asst Prof Goh Yihan of the Faculty of Law, National University of Singapore, for their helpful comments and suggestions. I would also like to dedicate this essay to all the participants who displayed an extraordinary (and, I might add, rare) degree of enthusiasm and (above all) friendship. All errors remain mine alone. Further, all views expressed in this essay are personal views only and do not reflect the views of the Supreme Court of Singapore. Andrew Phang Our Vision: Excellence in judicial education and research. Our Mission: To provide and inspire continuing judicial learning and research to enhance the competency and professionalism of judges. The Challenge of Principled Gap-Filling — A Study of Implied Terms in a Comparative Context by The Honourable Justice Andrew Phang Boon Leong* There has been a veritable wealth of literature on implied terms — ranging from doctoral theses1 to book chapters,2 articles3 and (more recently) a book.4 What accounts for this interest? Perhaps the simplest explanation is that it is an extremely important topic with at least two important functions — one substantive, the other theoretical. -
Opening of the Legal Year 2019
ISSUE 01 • MAY 2019 OPENING OF THE LEGAL STATE COURTS TOWERS: FAMILY JUSTICE COURTS YEAR 2019: THE NEXT STRUCTURAL WORKS WORKPLAN 2019: CHAPTER IN OUR JOURNEY COMPLETED EVERY OUTCOME – A WAY FORWARD JUDICIARY TIMES • MAY 2019 02 HIGHLIGHTS OPENING OF THE LEGAL YEAR 2019: HIGHLIGHTS THE NEXT CHAPTER Opening of the Legal Year 2019: 01 The Next Chapter in Our Journey IN OUR JOURNEY State Courts Towers: 03 Structural Works Completed Family Justice Courts Workplan 2019: 04 Every Outcome – A Way Forward EVENTS & INITIATIVES State Courts Workplan 2019: 05 2020 and Beyond Supreme Court Strategic Compass 06 2019 - 2022 SICC Conference 07 Judicial Insolvency Network Meeting 07 The 2nd Asean Family Judges Forum 08 CAPS Dialogue with Family Service 08 Centres Family Mediation Symposium 09 State Courts Re-appoint Volunteer 09 Mediators The Executive Leadership Programme 10 Led by The Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench adorned their ceremonial robes to Counter-terrorism Exercise at the 11 herald the Opening of Legal Year on 7 January at the Supreme Supreme Court Court Auditorium. Invited guests from the legal community, including legal luminaries from abroad, were addressed by Free Food and Books Available in 11 Chief Justice, Attorney-General Lucien Wong, and Mr Gregory the Courthouse Vijayendran, SC, President of the Law Society, who took stock of the work done in the past year, and set out the directions ahead. Read the full response at: www.supremecourt.gov.sg/news/speeches/ NOTABLE VISITS 12 In his address, Chief Justice exhorted the legal community to shift their collective attention to prepare themselves for a Bringing the day’s event to a close, dramatically changing legal landscape that is being reshaped Chief Justice and Mrs Menon hosted WHAT’S NEW? 15 by three significant forces: globalisation, technology, and the the annual Judiciary Dinner at the growing commercialisation of the law. -
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. -
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SMU – Right in the Heart of Asia’s Hub, Singapore Masters of Laws In the dynamic, cosmopolitan hub that is Singapore, you will find a vibrant city-state that pulses with the diversity of both East and West. LL.M. in Judicial Studies Situated at the cross-roads of the world, Singapore is home to multinational companies and thousands of small and medium-sized LL.M. in Cross-border Business and Finance Law in Asia enterprises flourishing in a smart city renowned for its business excellence and connectivity. With its strong infrastructure, political Dual LL.M. in Commercial Law (Singapore & London) stability and respect for intellectual property rights, this City in a Garden offers you unique opportunities to develop as a global citizen. Thorough. Transnational. Transformative. Tapping into the energy of the city is a university with a difference — the Singapore Management University. Our six schools: the School of Accountancy, Lee Kong Chian School of Business, School of Computing and Information Systems, School of Economics, Yong Pung How School of Law, and School of Social Sciences form the country’s only city campus, perfectly sited to foster strategic links with businesses and the community. Modelled after the University of Pennsylvania’s Wharton School, SMU generates leading-edge research with global impact and produces broad-based, creative and entrepreneurial leaders for a knowledge-based economy. Discover a multi-faceted lifestyle right here at SMU, in the heart of Singapore. The SMU Masters Advantage GLOBAL RECOGNITION SMU is globally recognised as one of the best specialised universities in Asia and the world. -
331KB***Administrative and Constitutional
(2016) 17 SAL Ann Rev Administrative and Constitutional Law 1 1. ADMINISTRATIVE AND CONSTITUTIONAL LAW THIO Li-ann BA (Oxon) (Hons), LLM (Harvard), PhD (Cantab); Barrister (Gray’s Inn, UK); Provost Chair Professor, Faculty of Law, National University of Singapore. Introduction 1.1 In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.1 1.2 Most constitutional law cases revolved around Art 9 issues. Judicial observations on the nature or scope of specific constitutional powers were made in cases not dealing directly with constitutional arguments. See Kee Oon JC in Karthigeyan M Kailasam v Public Prosecutor2 noted the operation of a presumption of legality and good faith in relation to acts of public officials; the Prosecution, in particular, is presumed “to act in the public interest at all times”, in relation to all prosecuted cases from the first instance to appellate level. -
170702Mindmap Copy
Who said what Numerous allegations have been made in the ongoing feud between Prime Minister Lee Hsien Loong and his siblings, from misuse of power to a conict Against Lee Hsien Loong of interest in preparing the late Mr Lee Kuan Yew’s last will. Insight charts the Against Teo Chee Hean • Allegation: PM Lee misused his claims and accusations in the dispute over the fate of 38, Oxley Road. • Allegation: Committee focused power to prevent the house from solely on challenging validity of being demolished demolition clause in Mr Lee’s will PM’s response: Denied the DPM Teo’s response: Not true that “baseless” allegations, will refute committee bent on preventing them in a ministerial statement in demolition of the house Parliament tomorrow • Allegation: Committee did not • Allegation: PM Lee made disclose options in prior exchanges, contradictory statements about only identied members and its their father’s wishes and the house terms of reference when “forced in public and private into the daylight” Ms Indranee Rajah’s DPM Teo’s response: Nothing response: Notes that secret about committee; it is like Mr Lee Kuan Yew’s numerous other committees last will specically Cabinet sets up to consider specic accepts and Against Ho Ching Against K. Shanmugam issues acknowledges that DPM Tharman Allegation: Has a pervasive Allegation: Conict of interest demolition may not take place. • • Shanmugaratnam’s inuence on government, well being on ministerial committee, response: Cabinet has beyond her job scope having advised the late Mr Lee and • Allegation: Did not challenge the numerous committees family about the house last will in court when probate was on whole range of granted • Allegation: Removed the late Mr Mr Shanmugam’s response: issues, to help think Lee’s items from house without PM’s response: Wanted to avoid a Calls the claim ridiculous; says through difcult choices approval; represented the Prime public ght that would tarnish the nothing he said precluded him from Minister’s Ofce despite not family name serving in committee. -
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. -
1 Mr Patrick Daniel Managing Editor, English & Malay Newspapers
SINGAPORE PRESS HOLDINGS LIMITED Minutes of the Twenty-Sixth Annual General Meeting of members of Singapore Press Holdings Limited held in the Auditorium, 1000 Toa Payoh North, News Centre, Singapore on Wednesday, 1 December, 2010 at 10.30 a.m. PRESENT Directors : Dr Tony Tan Keng Yam (Chairman) ) Prof Cham Tao Soon ) Mr Chan Heng Loon Alan ) Mr Willie Cheng Jue Hiang ) Ms Chong Siak Ching ) Mr Ng Ser Miang ) Shareholding as per Attendance List Mr Ngiam Tong Dow ) Mr Sum Soon Lim ) Mr Lucien Wong Yuen Kuai ) Dr Yeo Ning Hong ) Mr Yong Pung How ) Shareholders : As per Attendance List In Attendance : Ms Ginney Lim May Ling Group Company Secretary Mr Patrick Daniel Managing Editor, English & Malay Newspapers Mr Robin Hu Executive Vice-President, Chinese Newspapers/ Newspaper Services Mr Leslie Fong Executive Vice-President, Marketing Ms Deborah Lee Executive Vice-President, Corporate Development Mr Low Huan Ping Executive Vice-President, Information Technology Mr Tony Mallek Executive Vice-President, Finance Mr Seow Choke Meng Executive Vice-President, Administration Division cum Cultural Industry Promotion, Chinese Newspapers Division Ms Mable Chan Executive Vice-President, Human Resources Ms Babsy Young Senior Vice President, Finance Ms Ooi Chee Kar PricewaterhouseCoopers Ms Tan Jack Leng Tricor Barbinder Share Registration Services Ms Mabel Woo Tricor Evatthouse Corporate Services 1. The Chairman gave a speech on the Singapore Press Holdings Ltd (“SPH”) Group’s performance in the past year, as well as its growth plans and outlook. 1 QUORUM 2. The Secretary confirmed that there was sufficient quorum to constitute the meeting as required under Article 73 of the Company's Articles of Association. -
Valedictory Reference in Honour of Justice Chao Hick Tin 27 September 2017 Address by the Honourable the Chief Justice Sundaresh Menon
VALEDICTORY REFERENCE IN HONOUR OF JUSTICE CHAO HICK TIN 27 SEPTEMBER 2017 ADDRESS BY THE HONOURABLE THE CHIEF JUSTICE SUNDARESH MENON -------------------------------------------------------------------------------------------------------- Chief Justice Sundaresh Menon Deputy Prime Minister Teo, Minister Shanmugam, Prof Jayakumar, Mr Attorney, Mr Vijayendran, Mr Hoong, Ladies and Gentlemen, 1. Welcome to this Valedictory Reference for Justice Chao Hick Tin. The Reference is a formal sitting of the full bench of the Supreme Court to mark an event of special significance. In Singapore, it is customarily done to welcome a new Chief Justice. For many years we have not observed the tradition of having a Reference to salute a colleague leaving the Bench. Indeed, the last such Reference I can recall was the one for Chief Justice Wee Chong Jin, which happened on this very day, the 27th day of September, exactly 27 years ago. In that sense, this is an unusual event and hence I thought I would begin the proceedings by saying something about why we thought it would be appropriate to convene a Reference on this occasion. The answer begins with the unique character of the man we have gathered to honour. 1 2. Much can and will be said about this in the course of the next hour or so, but I would like to narrate a story that took place a little over a year ago. It was on the occasion of the annual dinner between members of the Judiciary and the Forum of Senior Counsel. Mr Chelva Rajah SC was seated next to me and we were discussing the recently established Judicial College and its aspiration to provide, among other things, induction and continuing training for Judges. -
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. -
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th ANNIVERSARY Artist Impression of the School of Law. CONTENTS e First Decade e Founding Years e Future 2 LAW OF SCHOOL 3 LAW OF SCHOOL e idea of the “We were audacious aer “Aer sending in the proposal, I told SMU Law School receiving encouragement – we my colleagues in the Law Department was in the minds were cautioned to take it slowly we had a 50-50 chance of getting a law of the SMU and open the school a few years school. e arguments for it – diversity, later than when we actually did. competition and SMU’s development – leadership from We took a risk but being young were compelling enough, but whether the university’s and impatient, we discarded the proposal would be accepted inception. caution and brought forward depended on the powers that be. When our vision by a few years. In the the good news came, we were elated! end, we pulled it o and the Law It was a great privilege to have been School has been acknowledged involved in the start-up of the SMU Law as one of the nest in Asia since School - a memory I will always cherish.” then. e moral? Carpe diem … seize the day!” Associate Professor Low Kee Yang, School of Law Mr Ho Kwon Ping, Chairman, Board of Trustees, SMU “A Law School was in the original plan of SMU. It’s a natural discipline that ts in well with the original concept of a management university.” Professor Tan Chin Tiong, Senior Advisor to President, SMU 5 LAW OF SCHOOL “I remember receiving a call, as president, in early 2007 saying that the opening of a new “It was vital for the School to law school at SMU had been oer a distinct law education approved. -
Smubrochure.Pdf
SMU LAW SCHOOL The Singapore Government, in a major review of the domestic supply of lawyers, confirmed a shortage of lawyers in Singapore. 2007 hence marked a major milestone in the development of legal education in Singapore – the setting up of the nation’s second law school. SMU is honoured to be entrusted with this important responsibility. As Singapore’s first private university and the only university here with a city campus purpose-built to its pedagogy of small class size and interactive learning, SMU will be extending its unique approach to its School of Law. SMU’s undergraduate law programme aims to mould students into excellent lawyers who will contribute significantly to society. The objective is to produce law graduates who have contextualised legal expertise and the ability to think across disciplines and geographical borders. In terms of pedagogy, SMU’s seminar-style learning will be put to good effect to nurture students who are confident, articulate and analytically agile. CONTENTS 03 Dean’s Message 04 Investing In The Fundamentals // Rigorous and Challenging Curriculum // Holistic Pedagogy & Course Assessment // Optional Second Major // Wide Range of Double Degree Options // Beneficial Internship & Community Service // Internship Partners 09 Commitment To Excellence // Scholarships & Awards // National & International Competitions // International Exchange 12 Career Prospects // Raising The Bar 13 Visionary Campus // City Campus // Facilities 15 Strengthening Our Relevance // Centre for Dispute Resolution // International Islamic Law and Finance Centre // Pro Bono Centre // Asian Peace-building and Rule of Law Programme 18 Heeding The Best // Advisory Board Members 19 Top Notch Faculty // Deanery // Faculty 24 The Fun Stuff // Beyond The Classroom Dean’s Message The School of Law was started in 2007 after a major review of legal education in Singapore concluded that it was timely to have a second law school in Singapore.