Lecture SINGAPORE ACADEMY of LAW ANNUAL LECTURE 2018 – “AN ESSENTIAL DEDICATION to HONOUR and SERVICE”
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Minlaw) Invited Applications for the Second Round of Qualifying Foreign Law Practice (QFLP) Licences on 1 July 2012
PRESS RELEASE AWARD OF THE SECOND ROUND OF QUALIFYING FOREIGN LAW PRACTICE LICENCES The Ministry of Law (MinLaw) invited applications for the second round of Qualifying Foreign Law Practice (QFLP) licences on 1 July 2012. Twenty-three applications were received by the closing date of 31 August 2012. 2 QFLP licences will be awarded to the following four firms (listed in alphabetical order): Gibson, Dunn & Crutcher; Jones Day; Linklaters, and Sidley Austin. 3 The firms will have up to six months from 1 April 2013 to commence their operations as QFLPs, and their licences will be valid for an initial period of five years from the respective start dates. Background 4 The QFLP scheme was introduced in 2008 following the recommendations of the Committee to Develop the Legal Sector chaired by Justice V K Rajah. The Committee, which included senior lawyers from top local firms, assessed that local firms and local lawyers would benefit from the increased foreign presence and competition over time. 5 The QFLP licences allow Foreign Law Practices (FLPs) to practise in permitted areas of Singapore law1. The scheme seeks to support the growth of key economic sectors, grow the legal sector, as well as to offer additional 1 Permitted areas are all areas except domestic areas of litigation and general practice, for example, criminal law, retail conveyancing, family law and administrative law. The QFLPs can practise the permitted areas through Singapore-qualified lawyers with practising certificates or foreign lawyers holding the foreign practitioner certificate. 1 opportunities for our lawyers. A total of six FLPs2 were awarded QFLP licences in the first round in 2008. -
Bench & Bar Games 2007
South China Sea MALAYSIA SINGAPORE MALAYSIA | SINGAPORE Bench & Bar Games 2007 28 - 30 April 2007 Java Sea OFFICES SINGAPORE 80 RAFFLES PLACE #33-00 UOB PLAZA 1 SINGAPORE 048624 TEL: +65 6225 2626 FAX: +65 6225 1838 SHANGHAI UNIT 23-09 OCEAN TOWERS NO. 550 YAN AN EAST ROAD SHANGHAI 200001, CHINA TEL: +86 (21) 6322 9191 FAX: +86 (21) 6322 4550 EMAIL [email protected] CONTACT PERSON HELEN YEO, MANAGING PARTNER YEAR ESTABLISHED 1861 NUMBER OF LAWYERS 95 KEY PRACTICE AREAS CORPORATE FINANCE INTELLECTUAL PROPERTY & TECHNOLOGY LITIGATION & ARBITRATION REAL ESTATE LANGUAGES SPOKEN ENGLISH, MANDARIN, MALAY, TAMIL www.rodyk.com 1 Contents Message from The Honourable The Chief 2 10 Council Members of Bar Council Malaysia Justice, Singapore 2007/2008 Message from The Honourable Chief 3 15 Sports Committee - Singapore and Malaysia Justice, Malaysia Message from the President of The Law 4 16 Teams Society of Singapore Message from the President of Bar Council 5 Malaysia 22 Results of Past Games 1969 to 2006 Message from Chairman, Sports 6 Sports Suit No. 1 of 1969 Committee, The Law Society of Singapore 23 Message from Chairman, Sports 7 Acknowledgements Committee, Bar Council Malaysia 24 9 The Council of The Law Society of Singapore 2007 Malaysia | Singapore Bench & Bar Games 2007 022 Message from The Honourable The Chief Justice, Singapore The time of the year has arrived once again for the Malaysia/Singapore Bench & Bar Games. Last year we enjoyed the warm hospitality of our Malaysian hosts on the magical island of Langkawi and this year, we will do all that we can to reciprocate. -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law. -
The Decline of Oral Advocacy Opportunities: Concerns and Implications
Published on 6 September 2018 THE DECLINE OF ORAL ADVOCACY OPPORTUNITIES: CONCERNS AND IMPLICATIONS [2018] SAL Prac 1 Singapore has produced a steady stream of illustrious and highly accomplished advocates over the decades. Without a doubt, these advocates have lifted and contributed to the prominence and reputation of the profession’s ability to deliver dispute resolution services of the highest quality. However, the conditions in which these advocates acquired, practised and honed their advocacy craft are very different from those present today. One trend stands out, in particular: the decline of oral advocacy opportunities across the profession as a whole. This is no trifling matter. The profession has a moral duty, if not a commercial imperative, to apply itself to addressing this phenomenon. Nicholas POON* LLB (Singapore Management University); Director, Breakpoint LLC; Advocate and Solicitor, Supreme Court of Singapore. I. Introduction 1 Effective oral advocacy is the bedrock of dispute resolution.1 It is also indisputable that effective oral advocacy is the product of training and experience. An effective advocate is forged in the charged atmosphere of courtrooms and arbitration chambers. An effective oral advocate does not become one by dint of age. 2 There is a common perception that sustained opportunities for oral advocacy in Singapore, especially for junior lawyers, are on the decline. This commentary suggests * This commentary reflects the author’s personal opinion. The author would like to thank the editors of the SAL Practitioner, as well as Thio Shen Yi SC and Paul Tan for reading through earlier drafts and offering their thoughtful insights. 1 Throughout this piece, any reference to “litigation” is a reference to contentious dispute resolution practice, including but not limited to court and arbitration proceedings, unless otherwise stated. -
Giving Report 2010/2011 Report Giving
Medicine Engineering Public Policy Music Business Law Arts and Social Sciences National University Singapore of GIVING REPORT 2010/2011 GIVING REPORT DEVELOPMENT OFFICE National University of Singapore Shaw Foundation Alumni House 2010/2011 #03-01, 11 Kent Ridge Drive Singapore 119244 t: +65 6516 8000 / 1-800-DEVELOP f: +65 6775 9161 e: [email protected] www.giving.nus.edu.sg PRESIDENT’S STATEMENT Dear alumni and friends, Your support this past year has provided countless opportunities for the National Science University of Singapore (NUS), particularly From music to for the students who are at the heart of our University. For example, approximately medicine, your 1,700 students received bursaries. Around 1,400 of these were partially supported by gift today makes the Annual Giving campaign and about 300 are Named Bursaries. Thank you for Computing a difference to a making this possible. student’s tomorrow Our future is very exciting. NUS University Town will open its doors in the coming months and the Yale-NUS College will follow a few years later. These new President’s Statement........................................... 01 initiatives will allow NUS to continue pursuing its goal of offering students, Thank You For Your Contribution.................... 02 from the entire NUS campus, a broader Education { 02 } education that will challenge them and Research { 06 } position them well for the future. Service { 10 } Design and Environment Through these and other innovations, Annual Giving – NUS is also breaking new ground in Making A Difference Together......................... 14 higher education, both in Singapore and the region. The NUS experience will Strength In Numbers............................................ -
In Its Written Judgment
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 44 Civil Appeal No 78 of 2019 Between Independent State of Papua New Guinea … Appellant And PNG Sustainable Development Program Ltd … Respondent In the matter of Suit No 795 of 2014 Between Independent State of Papua New Guinea … Plaintiff And PNG Sustainable Development Program Ltd … Defendant JUDGMENT [Contract] — [Formation] — [Certainty of terms] [Contract] — [Contractual terms] — [Implied terms] [Companies] — [Memorandum and articles of association] — [Effect] [Companies] — [Members] — [Rights] 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. Independent State of Papua New Guinea v PNG Sustainable Development Program Ltd [2020] SGCA 44 Court of Appeal — Civil Appeal No 78 of 2019 Sundaresh Menon CJ, Andrew Phang Boon Leong JA and Chao Hick Tin SJ 27 February 2020 30 April 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 The parties in this appeal have been engaged in a longstanding dispute over the proper corporate governance of the respondent, PNG Sustainable Development Program Ltd. The respondent is a Singapore-incorporated company limited by guarantee. At the time proceedings were commenced in the High Court by way of Suit No 795 of 2014 (“Suit 795/2014”), the value of the respondent’s assets exceeded US$1.33bn. In Suit 795/2014, it was argued that pursuant to an agreement that was only partly captured in writing, the appellant holds significant rights of oversight and control over the respondent that are directly enforceable against it and irremovable without the appellant’s consent. -
Market Surveillance & Compliance Panel Annual
MARKET SURVEILLANCE & COMPLIANCE PANEL ANNUAL REPORT 2017 IN MEMORIAM JOSEPH GRIMBERG SC It is with great sadness that we mark of the Middle Temple. Joe retained the approached to represent the Presidency. He the passing of Mr Joseph Grimberg on graciousness and bearing of the best accepted the brief with reluctance, claiming 17 August 2017. English barristers all his life. He spoke with that he had lost his nerve. His performance a refined and cultured English accent – a in court belied his modesty; those who had Mr Joe Grimberg was the first Chairman of natural one, not an artificial snobby stage the privilege of watching him in action can the Market Surveillance and Compliance accent put on to impress others. He was testify to the elegant eloquence with which Panel (MSCP). He took office on also a keen sportsman who played rugby he presented the case for the Presidency. 1 January 2003, right at the beginning when and cricket for the Singapore Cricket the Singapore wholesale electricity market Club, a reflection perhaps of his anglophile Joe was undoubtedly one of the very best was inaugurated. He served for five years character. advocates to grace our courts. His leading until 31 December 2007, at a time when the role in the legal profession was recognised fledgling market was just taking off. The role In 1956, Joe returned to Singapore where when he was appointed Senior Counsel in of the Chairman was crucial in those days he joined the firm in which he spent the bulk 1997, one of the first batch of local ‘silks’. -
Official Publication of the Law Society of Singapore | August 2016
Official Publication of The Law Society of Singapore | August 2016 Thio Shen Yi, Senior Counsel President The Law Society of Singapore A RoadMAP for Your Journey The 2016 Mass Call to the Bar will be held this month on 26 Modern psychology tells us employees are not motivated and 27 August over three sessions in the Supreme Court. by their compensation – that’s just a hygiene factor. Pay Over 520 practice trainees will be admitted to the roll of mustn’t be an issue in that it must be fair, and if there is a Advocates & Solicitors. differential with their peers, then ceteris paribus, it cannot be too significant. Along with the Chief Justice, the President of the Law Society has the opportunity to address the new cohort. I Instead, enduring motivation is thought to be driven by three had the privilege of being able to do so last year in 2015, elements, mastery, autonomy, and purpose. There’s some and will enjoy that same privilege this year. truth in this, even more so in the practice of law, where we are first and foremost, members of an honourable The occasion of speaking to new young lawyers always profession. gives me pause for thought. What can I say that will genuinely add value to their professional lives? Making Mastery: The challenge and opportunity to acquire true motherhood statements is as easy as it is pointless. They expertise. There is a real satisfaction in being, and becoming, are soon forgotten, even ignored, assuming that they are really good at something. Leading a cross-border deal heard in the first place. -
Law Firms for Help with Your Transactions, Hong Kong, Deacons Matters and Disputes Wherever They Arise
INTERACTIVE EDITION In this issue ... The most responsive firms of Asia-MENA The Saudi cooperative insurance market – the Premier League of insurance? The New Indian Gazettal and what it will mean for China and Hong Kong Financial dispute resolution in Hong Kong: nothing to fear? MAGAZINE FOR THE IN-HOUSE COMMUNITY ALONG THE NEW SILK ROAD l Volume 10 Issue 6, 2012 www.inhousecommunity.com a trusted legal resource for global business challenges Premier Member Firms in the Throughout Asia and the Pacific and around the world, Asia/Pacific Region Lex Mundi member firms can help you meet the challenges of doing business globally. Australia, Clayton Utz Bangladesh, Amir & Amir Law Associates When business crosses borders, you need trusted legal advisors to navigate China, Jun He Law Offices you through the local legal and business landscape. You can confidently turn Guam, Blair Sterling Johnson & Martinez P.C. to Lex Mundi’s 160 premier member law firms for help with your transactions, Hong Kong, Deacons matters and disputes wherever they arise. Lex Mundi provides you access India, Amarchand & Mangaldas & Suresh A. Shroff to internationally experienced and locally-connected business lawyers with & Co. the necessary market knowledge and expertise to help you succeed. Indonesia, Ali Budiardjo, Nugroho, Reksodiputro Japan, Nishimura & Asahi Korea, Hwang Mok Park, P.C. Malaysia, Skrine New Zealand, Simpson Grierson Pakistan, Rizvi, Isa, Afridi & Angell Philippines, Romulo Mabanta Buenaventura Sayoc & de los Angeles Locate a Lex Mundi member firm -
2020-Sghc-255-Pdf.Pdf
IN THE COURT OF THREE JUDGES OF THE REPUBLIC OF SINGAPORE [2020] SGHC 255 Court of Three Judges/Originating Summons No 2 of 2020 In the matter of Sections 94(1) and 98(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) And In the matter of Lee Suet Fern (Lim Suet Fern), an Advocate and Solicitor of the Supreme Court of the Republic of Singapore Between Law Society of Singapore … Applicant And Lee Suet Fern (Lim Suet Fern) … Respondent JUDGMENT [Legal Profession] [Solicitor-client relationship] [Legal Profession] [Professional conduct] — [Breach] 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. Law Society of Singapore v Lee Suet Fern (alias Lim Suet Fern) [2020] SGHC 255 Court of Three Judges — Originating Summons No 2 of 2020 Sundaresh Menon CJ, Judith Prakash JA and Woo Bih Li J 13 August 2020 20 November 2020 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 This is an application by the Law Society of Singapore (“the Law Society”) for an order pursuant to s 98(1)(a) of the Legal Profession Act (Cap 161, 2009 Rev Ed) (“the LPA”) that the respondent, Mrs Lee Suet Fern (alias Lim Suet Fern) (“the Respondent”), be subject to the sanctions provided for under s 83(1) of that Act. At the time of the proceedings before the disciplinary tribunal (“the DT”), the Respondent was an advocate and solicitor of the Supreme Court of Singapore of 37 years’ standing and practised as a director of Morgan Lewis Stamford LLC, a law corporation. -
France – Singapore Legal Symposium
SAL.ORG.SG France – Singapore Legal Symposium Building the EURO-ASIAN platform - The role of French and Singapore law 17 January 2020 | 9am - 4pm Supreme Court Auditorium Organised by: France – Singapore Legal Symposium (17 January 2020) BACKGROUND France and Singapore are bilateral strategic partners and enjoy excellent economic relations. Both countries reaffirm their commitment to multilateralism, globalisation, the rule of law and sustainable development through regular and high-level political exchanges and visits. On the economic front, Singapore is France's main partner in the region where it receives two-thirds of French investments into South-East Asia; 800 French companies have regional headquarters in Singapore. These companies are active in the fields of urban, air and maritime transport; finance; construction; energy; services and new technologies. Singapore investments in France are also increasing steadily in the financial, technology, chemical and hospitality sectors. France, the second largest economy in the European Union, and Singapore, a logistics and financial hub in the heart of Southeast Asia, position themselves as regional gateways to foster the development of economic exchanges between Europe and Asia. Singapore and France rely on strong legal systems based on different traditions - common law on the one hand, and civil law on the other. Singapore is recognized for the quality and independence of its legal system, highly-recognised judicial expertise, and top reputation in international dispute resolution and the protection of intellectual property rights. Since 1923, France has been home to the International Court of Arbitration of the International Chamber of Commerce, which have settled more than 12,000 international disputes in 170 countries and serves as a reference in this field. -
Fulbright Association, Singapore
BBEYOND BARRIERS My Fulbright Experience “The preservation of our free society in the years and decades to come will depend ultimately on whether we succeed or fail in directing the enormous power of human knowledge to the enrichment of our own lives and the shaping of a rational and civilized world order... It is the task of education, more than any other instrument of foreign policy to help close the dangerous gap between the economic and technological interdependence of the people of the world and their psychological, political and spiritual alienation.” [From Prospects for the West, Senator J. William Fulbright] Courtesy of Fulbright Association (U.S.) My Fulbright Experience © 2007 Fulbright Association (Singapore) All rights reserved. No part of this book may be reproduced in any form or by any means, electronic or mechanical, including photocopying or recording or by information storage or retrieval system, without permission in writing from the Fulbright Association (Singapore). Reflections on “My Fulbright Experience” are made in a personal capacity. Permission to reproduce a contribution must also be obtained from the relevant Fulbrighter. Editors Anne Pakir and Jeremy Lim Coordinator Chan Wei Ling Designer Yeoh Kok Cheow Advisor Ang Peng Hwa Resource Panel Rosemary Khoo and Vincent Ooi ISBN 978-981-05-7996-8 Fulbright Association (Singapore) www.fulbright.org.sg CONTENTS DEDICATION 1 Hadijah Bte Rahmat 46 Ho Chee Lick 48 PREFACE 4 Tony T. N. Hung 50 Hussin Mutalib 52 FOREWORD Philip Jeyaretnam 54 Ang Peng Hwa 6 Robert K. Kamei 56 Rosemary Khoo 58 MESSAGES Annie Koh 60 Chan Heng Chee 8 Koh Tai Ann 63 Patricia L.