1. Administrative and Constitutional Law
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The Criminal Procedure Code 2010
(2011) 23 SAcLJ Modernising the Criminal Justice Framework 23 MODERNISING THE CRIMINAL JUSTICE FRAMEWORK The Criminal Procedure Code 2010 The concept of “balancing” prevalent in criminal justice discourse is premised on a paradigm where “state” and “individual” interests are perpetually in conflict. This article outlines the key components of the new Criminal Procedure Code 2010 and discusses another dimension of the state- individual relationship. Rather than being inherently incompatible, synergistic common goals can, on occasion, be pursued between the State and an accused. The article will also consider areas in the Criminal Procedure Code 2010 where conflicts between “state” and “individual” interests have in fact arisen, and will outline the pragmatic approach that has been adopted towards their resolution. Melanie CHNG* LLB (Hons) (National University of Singapore), LLM (Harvard); Advocate & Solicitor (Singapore); Assistant Director, Ministry of Law. The criminal process is at the heart of the criminal justice system. It is not only a subject of great practical importance; it is also a reflection of our ideals and values as to the way in which we can accord justice to both the guilty and to the innocent.[1] I. Introduction 1 The recent legislative amendments to Singapore’s Criminal Procedure Code (“CPC”) signify a new chapter in the continuing evolution of Singapore’s criminal justice process. The new Criminal Procedure Code 2010 (“New CPC”),2 which came into force on * The opinions expressed in this article are those of its author and are not representative of the official position or policies of the Singapore government. The author is grateful to Mr Amarjeet Singh SC, Ms Jennifer Marie SC, Mr Bala Reddy, Professor Michael Hor, Mr Subhas Anandan, Ms Valerie Thean and Mr Desmond Lee for their invaluable comments on an earlier draft of this article. -
Overseas Union Insurance Ltd V Home and Overseas Insurance Co
Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd and another application [2002] SGHC 83 Case Number : DC Suit 51197/1999, RA 600004/2002, OM 600011/2002 Decision Date : 23 April 2002 Tribunal/Court : High Court Coram : Tay Yong Kwang JC Counsel Name(s) : Liew Teck Huat (Niru & Co) for the plaintiffs/respondents; P Jeya Putra (Joseph Tan Jude Benny) for the defendants/applicants Parties : Overseas Union Insurance Ltd — Home and Overseas Insurance Co Ltd Civil Procedure – Appeals – Leave – Plaintiffs seeking to appeal to High Court against district judge's decision relating to costs – District judge ruling leave to appeal necessary and refusing leave – Appeal by plaintiffs to High Court against district judge's ruling with alternative application for leave to appeal – Defendants applying to strike out appeal – Whether mode should be appeal or application for leave – Whether application for leave out of time – Whether leave to appeal necessary – Whether leave to appeal should be granted – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) – s 50 Interpretation Act (Cap 1, 1999 Ed) – O 2 r 1, O 3 r 2(5) & O 55C r 2 Rules of Court Words and Phrases – 'Amount in dispute' – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) Between OVERSEAS UNION INSURANCE LIMITED (REG NO. 195600074R) ... Plaintiffs And HOME & OVERSEAS INSURANCE COMPANY LIMITED (REG NO. 513813) ... Defendants ORIGINATING MOTION NO. 600011 OF 2002 In the matter of Section 2(1) of the Supreme Court of Judicature Act (Cap 322) and Order 55C Rule 2 of the Rules of Court (Cap 322) And In the matter of DC Suit No. -
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. -
OPENING of the LEGAL YEAR 2021 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2021 Speech by Attorney-General, Mr Lucien Wong, S.C. 11 January 2021 May it please Your Honours, Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges and Judicial Commissioners, Introduction 1. The past year has been an extremely trying one for the country, and no less for my Chambers. It has been a real test of our fortitude, our commitment to defend and advance Singapore’s interests, and our ability to adapt to unforeseen difficulties brought about by the COVID-19 virus. I am very proud of the good work my Chambers has done over the past year, which I will share with you in the course of my speech. I also acknowledge that the past year has shown that we have some room to grow and improve. I will outline the measures we have undertaken as an institution to address issues which we faced and ensure that we meet the highest standards of excellence, fairness and integrity in the years to come. 2. My speech this morning is in three parts. First, I will talk about the critical legal support which we provided to the Government throughout the COVID-19 crisis. Second, I will discuss some initiatives we have embarked on to future-proof the organisation and to deal with the challenges which we faced this past year, including digitalisation and workforce changes. Finally, I will share my reflections about the role we play in the criminal justice system and what I consider to be our grave and solemn duty as prosecutors. -
Internal Communication Clearance Form
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions REFERENCE: UA G/SO 214 (33-27) SGP 1/2012 23 April 2012 Excellency, I have the honour to address you in my capacity as Special Rapporteur on extrajudicial, summary or arbitrary executions pursuant to General Assembly resolution 60/251 and to Human Rights Council resolution 17/5. In this connection, I would like to draw the attention of your Excellency‟s Government to the case of Mr. Yong Vui Kong, sentenced to death on drug trafficking charges. In my previous communication sent on 6 September 2011, concerning the case of Mr. Roslan Bin Bakar, also sentenced to death on drug trafficking charges in Singapore, I shared with your Excellency‟s Government my concerns and the interpretation of the applicable norms and standards under international law. While acknowledging your Excellency‟s Government‟s response dated 3 January 2012, I would like to reiterate my views and concerns regarding the mandatory imposition of the death penalty for drug trafficking offences in Singapore and the fact that such offences do not meet the threshold of “most serious crimes” as prescribed in Safeguard 1 of the Safeguards guaranteeing protection of the rights of those facing the death penalty. With respect to the case of Mr. Yong Vui Kong, the following information has been drawn to my attention: Mr. -
Steep Rise Ltd V Attorney-General
Steep Rise Ltd v Attorney-General [2020] SGCA 20 Case Number : Civil Appeal No 30 of 2019 Decision Date : 24 March 2020 Tribunal/Court : Court of Appeal Coram : Tay Yong Kwang JA; Steven Chong JA; Woo Bih Li J Counsel Name(s) : Chan Tai-Hui, Jason SC, Tan Kai Liang, Daniel Seow Wei Jin, Victor Leong Hoi Seng and Lim Min Li Amanda (Allen & Gledhill LLP) for the appellant; Kristy Tan, Kenneth Wong, Ng Kexian and Tan Ee Kuan (Attorney-General's Chambers) for the respondent. Parties : Steep Rise Limited — Attorney-General Criminal Procedure and Sentencing – Mutual legal assistance – Duty of full and frank disclosure Criminal Procedure and Sentencing – Mutual legal assistance – Enforcement of foreign confiscation order – Risk of dissipation 24 March 2020 Tay Yong Kwang JA (delivering the grounds of decision of the court): Introduction 1 On 22 August 2017, a Restraint Order was made by the High Court on the application of the Attorney-General (“the AG”) pursuant to s 29 read with para 7(1) of the Third Schedule of the Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed) (“MACMA”), restraining any dealing with the funds in the bank account of Steep Rise Limited (“the appellant”) in the Bank of Singapore (“the BOS Account”). Subsequently, the appellant applied to the High Court to discharge the order of court. The High Court Judge (“the Judge”) dismissed the application and made no order as to costs as the AG did not seek an order for costs. 2 The appellant then appealed against the Judge’s decision. -
Public Prosecutor V Tan Kheng Chun
Public Prosecutor v Tan Kheng Chun Ray [2011] SGHC 183 Case Number : Criminal Case No 6 of 2011 Decision Date : 04 August 2011 Tribunal/Court : High Court Coram : Kan Ting Chiu J Counsel Name(s) : Gordon Oh and Peggy Pao (Attorney-General's Chambers) for the Prosecution; Subhas Anandan and Sunil Sudheesan (KhattarWong) for the accused. Parties : Public Prosecutor — Tan Kheng Chun Ray Criminal Law [LawNet Editorial Note: The appeal to this decision in Criminal Appeal No 3 of 2011 was allowed by the Court of Appeal on 28 November 2011. See [2012] SGCA 10.] 4 August 2011 Kan Ting Chiu J: 1 The accused, Ray Tan Kheng Chun pleaded guilty to seven charges [note: 1] for drug offences under the Misuse of Drugs Act (Cap 185 2008 Rev Ed). 2 The seven offences are: Charge 1 Importing not less than 14.99 grams of diamorphine. Charge 2 Importing not less than 1.12 grams of methamphetamine. Charge 3 Consumption of methamphetamine. Charge 4 Possession of utensils intended for the consumption of a controlled drug. Charge 5 Possession of another lot of utensils intended for the consumption of a controlled drug. Charge 6 Possession of utensils intended for the consumption of a controlled drug. Charge 7 Possession of three tablets of nimetazepam. The offences in Charges 1 to 5 took place on 10 October 2009. The offences in Charges 1, 2, 4 and 5 took place at the Woodlands Checkpoint, and the drug consumption offence in Charge 3, took place in Malaysia. The offences in Charges 6 and 7 took place on 11 October 2009 at the accused’s residence at No 1 Queensway, #08-63, Queensway Tower, Singapore. -
Tan Eng Hong V Attorney-General
Tan Eng Hong v Attorney-General [2013] SGHC 199 Case Number : Originating Summons No 994 of 2010 Decision Date : 02 October 2013 Tribunal/Court : High Court Coram : Quentin Loh J Counsel Name(s) : M Ravi (L F Violet Netto) for the plaintiff; Aedit Abdullah SC, Jeremy Yeo Shenglong and Sherlyn Neo Xiulin (Attorney-General's Chambers) for the defendant. Parties : Tan Eng Hong — Attorney-General Constitutional law – Equal protection of the law – Equality before the law Constitutional law – Fundamental liberties – Right to life and personal liberty Constitutional law – Constitution – Interpretation 2 October 2013 Judgment reserved. Quentin Loh J: Introduction 1 In these proceedings, Originating Summons No 994 of 2010 (“OS 994”), the plaintiff, Tan Eng Hong (“the Plaintiff”), seeks to challenge the constitutionality of s 377A of the Penal Code (Cap 224, 2008 Rev Ed) (“the Penal Code”) on the grounds that it infringes his rights to: (a) life and personal liberty; and (b) equality before the law and equal protection of the law under Arts 9(1) and 12(1) of the Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) (“the Constitution”) respectively. These Articles will hereafter be referred to as “Art 9(1)” and “Art 12(1)” for short. 2 There are two earlier decisions which have a bearing on this case. The first, Tan Eng Hong v Attorney-General [2012] 4 SLR 476 (“Tan Eng Hong (Standing)”), is the Court of Appeal’s decision on a striking-out application earlier in the lifespan of these proceedings. The second, Lim Meng Suang and another v Attorney-General [2013] 3 SLR 118 (“Lim Meng Suang”), is my decision in another application concerning the constitutionality of s 377A where I held that s 377A was not inconsistent with Art 12(1). -
Paginator.Book([2010] 2 SLR 0192.Fm)
paginator.book Page 192 Tuesday, April 6, 2010 3:40 PM 192 SINGAPORE LAW REPORTS [2010] 2 SLR Yong Vui Kong v Public Prosecutor [2009] SGCA 64 Court of Appeal — Criminal Motion No 41 of 2009 Chan Sek Keong CJ, Andrew Phang Boon Leong JA and V K Rajah JA 8 December 2009 Courts and Jurisdiction — Jurisdiction — Appellate — Whether Court of Appeal functus officio after delivery of judgment on case — Whether Court of Appeal had inherent jurisdiction to re-open appeals in light of discovery of new exonerative evidence or mistake on the law made in judicial process Courts and Jurisdiction — Jurisdiction — Appellate — Whether Court of Appeal had jurisdiction to permit applicant who had withdrawn his appeal to pursue his appeal — Whether withdrawal was a nullity — Whether withdrawal vitiated by mistake — Whether applicant’s failure to appreciate that he might proceed with appeal by challenging constitutional validity of mandatory death penalty was a fundamental mistake Courts and Jurisdiction — Jurisdiction — Appellate — Whether Court of Appeal’s jurisdiction and power to permit appeal was circumscribed by President’s decision to refuse to grant clemency to applicant Criminal Procedure and Sentencing — Stay of execution — Whether High Court had jurisdiction and power to grant stay of execution of death sentence under s 251 Criminal Procedure Code (Cap 68, 1985 Rev Ed) Facts The applicant, who had been convicted of drug trafficking and sentenced to death, having previously withdrawn his appeal, sought an extension of time to pursue his appeal against -
Doing Without Complicity
Doing without complicity Article (Published Version) Sullivan, G R (2012) Doing without complicity. Journal of Commonwealth Criminal Law (2). pp. 199-231. ISSN 2047-0452 This version is available from Sussex Research Online: http://sro.sussex.ac.uk/id/eprint/46737/ This document is made available in accordance with publisher policies and may differ from the published version or from the version of record. If you wish to cite this item you are advised to consult the publisher’s version. Please see the URL above for details on accessing the published version. Copyright and reuse: Sussex Research Online is a digital repository of the research output of the University. Copyright and all moral rights to the version of the paper presented here belong to the individual author(s) and/or other copyright owners. To the extent reasonable and practicable, the material made available in SRO has been checked for eligibility before being made available. Copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational, or not-for-profit purposes without prior permission or charge, provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. http://sro.sussex.ac.uk JOURNAL OF COMMONWEALTH CRIMINAL LAW EDITOR JAMES RICHARDSON Q.C., LL.B., LL.M., DIP. CRIM. of Gray’s Inn, and the Inner Temple, Barrister EDITORIAL BOARD ANDREW ASHWORTH C.B.E., Q.C., D.C.L., F.B.A. -
Introductory Note to Yong Vui Kong V Public Prosecutor (Sing.Ct.App)
Introductory note to Yong Vui Kong v Public Prosecutor (Sing.ct.app) ANGOR UNIVERSITY McDermott , Yvonne International Legal Materials DOI: 10.5305/intelegamate.55.2.0307 PRIFYSGOL BANGOR / B Published: 01/05/2016 Peer reviewed version Cyswllt i'r cyhoeddiad / Link to publication Dyfyniad o'r fersiwn a gyhoeddwyd / Citation for published version (APA): McDermott , Y. (2016). Introductory note to Yong Vui Kong v Public Prosecutor (Sing.ct.app). International Legal Materials, 55(2), 307-338. https://doi.org/10.5305/intelegamate.55.2.0307 Hawliau Cyffredinol / General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. 05. Oct. 2021 INTRODUCTORY NOTE TO YONG VUI KONG V. PUBLIC PROSECUTOR (SING. CT. APP.) BY YVONNE MCDERMOTT*1 [March 4, 2015] +Cite as 55 ILM xx (2016)+ Introduction On March 4, 2015, Singapore’s Court of Appeal issued its judgment in Yong Vui Kong v. -
SGCA 50 Civil Appeal No 185 of 2019 and Summons No 51 of 2020 Between Alphire Group Pte
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 50 Civil Appeal No 185 of 2019 and Summons No 51 of 2020 Between Alphire Group Pte Ltd … Applicant / Appellant And Law Chau Loon … Respondent In the matter of HC/Originating Summons No 730 of 2019 In the matter of Order 45, Rule 11 of the Rules of Court (Cap 322, Rule 5) Between Law Chau Loon … Applicant And Alphire Group Pte Ltd … Respondent EX TEMPORE JUDGMENT [Agency] — [Implied authority of agent] — [Settlement agreement] [Contract] — [Formation] — [Identifiable agreement that is complete and certain] ii This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Alphire Group Pte Ltd v Law Chau Loon and another matter [2020] SGCA 50 Court of Appeal — Civil Appeal No 185 of 2019 and Summons No 51 of 2020 Andrew Phang Boon Leong JA, Woo Bih Li J and Quentin Loh J 19 May 2020 19 May 2020 Andrew Phang Boon Leong JA (delivering the judgment of the court ex tempore): 1 We first deal with the appellant’s application in Summons No 51 of 2020 (“SUM 51”) to strike out paras 19(a), 19(b), 20 and 21 of the respondent’s case, as well as certain documents exhibited under S/N 2 of the respondent’s supplementary core bundle, which consist of exhibits of the respondent’s affidavit of evidence-in-chief in Suit No 822 of 2015 (“Suit 822”).